changeorder1.htm


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      AIA
Document G701 –
2001

      


      
        Change
Order

        
          
            

          

        

      

      
        	
                PROJECT (Name and
      Address)

              	
                CHANGE ORDER
      NUMBER:  01

              	
                        OWNER:  
      

              	
                x

              
	 
      	 
      	 
      	 
      
	
                Diamond
      Jo New Casino

              	
                DATE:  January
      25,
      2008                                           

              	
                ARCHITECT:  
      

              	
                o

              
	
                301
      Bell Street/Port of Dubuque

              	 
      	 
      	 
      
	
                Dubuque,
      IA  52001

              	 
      	
                CONTRACTOR:  
      

              	
                      
                  x

                

              
	 
      	 
      	 
      	 
      
	
                TO CONTRACTOR (Name and
      Address)

              	
                ARCHITECT’S
      PROJECT NUMBER:

              	
                            FIELD:  
      

              	
                o

              
	 
      	 
      	 
      	 
      
	
                Conlon
      Construction Co.

              	
                CONTRACT
      DATE:  September 25, 2007

              	
                        OTHER:  
      

              	
                o 
      

              
	
                1100
      Rockdale Road

              	
                CONTRACT
      FOR:  General Construction

              	 
      	 
      
	
                Dubuque,
      IA  52003

              	 
      	 
      	 
      


      

      
        
          
            

          

        

         

      

      THE
CONTRACT IS CHANGED AS FOLLOWS:

      (Include,
where applicable, any undisputed amount attributable to previously executed
Construction Change Directives).

      1.  Delete
all reference to the October 31, 2008 Substantial Completion. Substantial
Completion shall be November 20, 2008.

      2.  Per
Section 5.2.1 the contract amount shall be changed to
$60,906,173.00.

      3.  Delete
the previous Exhibit B.  Included in the GMP are Allowances per new
Exhibit B dated February 11, 2008.  Allowances will be finalized as
pricing is returned by way of change orders to the contract.

      4.  A
contingency of $1,500,000.00 is included in the GMP.  There will be no
fee added to the contingency amount.  When a contingency amount is
used and approved by the Owner, the Contractor’s Fee will be
applied.

      5.  Liquidated
Damages as noted in 4.3.1 will be based on a Substantial Completion of November
20, 2008.

      6.  An
incentive clause of $10,000.00 per day for early completion will be given
provided that Phase 1 of the adjacent City of Dubuque Parking Facility is
completed within 10 days of substantial completion of the Diamond Jo
Casino.

      7.  Proposal
Requests 1 thru 5, as noted on the attached Exhibit J, are included in the GMP
dated February 11, 2008.

      8.  The
previously Exhibit D has been replaced with a current GMP estimate – Exhibit D
dated January 17, 2008.

      9.  There
will be a savings split of 60% to Owner and 40% to Contractor on items where a
savings is realized.

      10.
Previous Exhibit E to be replaced with the attached drawings/specifications log
– Exhibit E revised January 15, 2008.

      11. There
is no General Contractor contingency included in the GMP.

      12. There
is no overtime work included in the GMP.

      


      
        	
                The
      original GMP was

              	
                $19,283,185.75

              
	
                The
      net change by previously authorized Change Orders

              	
                $                0.00

              
	
                The
      GMP prior to this Change Order was

              	
                $19,283,175.75

              
	
                The
      GMP will be increased by this Change Order in the amount
of

              	
                $41,622,987.25

              
	
                The
      new GMP including this Change Order will be

              	
                $60,906,173.00

              


      

      


      The
Contract Time will be increased by twenty (20) days.

      The date
of Substantial Completion as of the date of this Change Order therefore is
November 20, 2008.

      


      NOTE:  This Change
Order does not include changes in the Contract Sum, Contract Time or Guaranteed
Maximum Price which have been authorized by Construction Change Directive until
the cost and time have been agreed upon by both the Owner and Contractor, in
which case a Change Order is executed to supersede the Construction Change
Directive.


      
        
           


        

        
           


          
            

          

        

        
           


        

      


      NOT VALID
UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER

      


      


      
        	
                YWS
      ARCHITECTS

              	 
      	
                CONLON
      CONSTRUCTION CO.

              	 
      	
                Diamond
      Jo, LLC

              
	
                ARCGUTECT
      (Firm name)

              	 
      	
                CONTRACTOR
      (Firm Name)

              	 
      	
                OWNER
      (Firm Name)

              
	 
      	 
      	 
      	 
      	 
      
	
                5055
      W. Patrick Lane

              	 
      	
                1100
      Rockdale Road

              	 
      	
                PO.
      Box 1750

              
	
                Las
      Vegas, NV  89118

              	 
      	
                Dubuque,
      IA 52003

              	 
      	
                Dubuque,
      IA 52004-1750

              
	
                ADDRESS

              	 
      	
                ADDRESS

              	 
      	
                ADDRESS

              
	 
      	 
      	 
      	 
      	 
      
	
                s/Robert
      P. Holtfreter

              	 
      	
                s/Ben
      Roush/Timothy J. Conlon

              	 
      	
                s/Jonathan
      Swain

              
	
                (Signature)

              	 
      	
                (Signature)

              	 
      	
                (Signature)

              
	 
      	 
      	 
      	 
      	 
      
	
                Robert
      P. Holtfreter

              	 
      	
                Ben
      Roush, Project Manager

              	 
      	
                Jonathan
      Swain

              
	
                (Typed
      name)

              	 
      	
                (Typed
      name)

              	 
      	
                (Typed
      Name)

              
	 
      	 
      	 
      	 
      	 
      
	
                Feb.
      25, 2008

              	 
      	
                4/19/08

              	 
      	
                3/17/08

              
	
                DATE

              	 
      	
                DATE

              	 
      	
                DATE

              


      

      



      
        
           


        

        
           


          
            

          

        

        
           


        

      


      AMENDMENT TO CHANGE ORDER
#01

      


      This Amendment to the Construction
Agreement Change Order is made and entered into this 17th day of March, 2008 between
Conlon Construction Company (“Contractor”) and Diamond Jo, LLC
(“Owner”).

      


      WHEREAS, the parties previously entered
into a Construction Agreement dated September 25, 2007; the parties subsequently
entered into a Change Order dated January 25, 2008.

      


      NOW, THEREFORE, the parties hereby
agree for consideration of the premises and other consideration the receipt and
sufficiency of which is hereby acknowledged to modify the Change Order as
follows:

      


      
        	
                1.  

              	
                Any
      conflict between the terms and conditions of this Amendment and the terms
      and conditions of the Agreement or Change Order referenced herein, the
      terms and conditions of this Amendment shall
  control.

              


      

      


      
        	
                2.  

              	
                Paragraph
      9 of the Change Order shall be deleted in its entirely and replaced with
      the following:  “There will be a savings split of 60% to the
      Owner and 40% to the Contractor as follows:  GMP is $60,906,173,
      which includes a contingency of $1,5000,000 leaving a Contractor Estimate
      in the amount of $59,406,173.  Change Orders will increase the
      Contractor Estimate amount accordingly as they are
      executed.  The adjusted Contractor Estimate is the basis of the
      savings split.”

              


      

      


      
        	
                3.  

              	
                Contractor
      and Owner acknowledge and agree that all other terms of the Construction
      Agreement and subsequent Change Order shall remain in full force and
      effect.

              


      

      


      
        	
                4.  

              	
                Contractor
      and Owner acknowledge and agree that this Amendment to Construction
      Agreement and Change Order shall take effect
  immediately.

              


      

      


      


      IN
WITNESS WHEREOF, the parties have entered into this Amendment to the
Construction Agreement on the date and year first written above.

      


      
        	
                 
      

              	
                DIAMOND
      JO, LLC

              	
                CONLON
      CONSTRUCTION COMPANY

              


      

      
        	
                 
      

              	
                (“Owner”)

              	
                (“Contractor”)

              


      

      


      


      By:   s/Jonathan
Swain                                                 
By: s/Timothy J.
Conlon

      Jonathan
Swain

      Its           COO                                                                 
Its           VP