Filed by Bowne Pure Compliance





Exhibit 10.1




AGREEMENT




FOR




GUARANTEED MAXIMUM PRICE

CONSTRUCTION SERVICES




BETWEEN




CASINO ONE CORPORATION

(“Owner”)




AND




YATES/PARIC, A JOINT VENTURE

(“Contractor”)




FOR




RIVER CITY CASINO AND RESORT



 


 









 





TABLE OF CONTENTS




	 	 	 	 	 
	ARTICLE I DEFINITIONS
	 	 	3	 
	 
	 	 	 	 
	1.1 Architect
	 	 	  3	 
	1.2 Change, Change Order, Change Proposal and Construction Change Directive 
	 	 	  3	 
	1.3 Claim 
	 	 	  3	 
	1.4 Contract 
	 	 	  3	 
	1.5 Contract Documents 
	 	 	  3	 
	1.6 Contract Time 
	 	 	  4	 
	1.7 Cost of the Work 
	 	 	  4	 
	1.8 Drawings 
	 	 	  4	 
	1.9 Final Completion 
	 	 	  4	 
	1.10 Guaranteed Date of Substantial Completion 
	 	 	  4	 
	1.11 Guaranteed Maximum Price 
	 	 	  4	 
	1.12 Major Permits 
	 	 	  4	 
	1.13 Modification 
	 	 	  5	 
	1.14 Owner’s Lenders 
	 	 	  5	 
	1.15 Principal Interior Designer 
	 	 	  5	 
	1.16 Specifications 
	 	 	  5	 
	1.17 Subcontractor 
	 	 	  5	 
	1.18 Substantial Completion 
	 	 	  5	 
	1.19 Substitution 
	 	 	  5	 
	1.20 Vendor 
	 	 	  6	 
	1.21 Work 
	 	 	  6	 
	 
	 	 	 	 
	ARTICLE II INTENT, INTERPRETATION AND CORRELATION
	 	 	6	 
	 
	 	 	 	 
	2.1 Intent of the Contract Documents 
	 	 	  6	 
	2.2 Order of Precedence 
	 	 	  7	 
	2.3 Contractor’s Compliance with Contract Documents 
	 	 	  7	 
	 
	 	 	 	 
	ARTICLE III GUARANTEED MAXIMUM PRICE
	 	 	8	 
	 
	 	 	 	 
	3.1 Guaranteed Maximum Price 
	 	 	  8	 
	3.2 Cost of the Work 
	 	 	 13	 
	3.3 Non-Allowable Cost of the Work 
	 	 	 17	 
	3.4 Contractor’s Responsibility for Taxes 
	 	 	 20	 
	3.5 Discounts, Rebates and Refunds 
	 	 	 20	 
	3.6 No Duplication 
	 	 	 20	 
	 
	 	 	 	 
	ARTICLE IV CONTRACT TIME AND INTERIM MILESTONE DATES
	 	 	21	 
	 
	 	 	 	 
	4.1 Definitions 
	 	 	 21	 
	4.2 Time is of the Essence 
	 	 	 21	 
	4.3 Completion Guarantees 
	 	 	 22	 
	4.4 Liquidated Damages 
	 	 	 22	 
	 
	 	 	 	 
	ARTICLE V PAYMENTS TO CONTRACTOR
	 	 	23	 
	 
	 	 	 	 
	5.1 Schedule of Values 
	 	 	 23	 
	5.2 Applications for Progress Payments 
	 	 	 24	 
	5.3 Time of Payments 
	 	 	 27	 
	5.4 Owner’s Right To Withhold 
	 	 	 27	 
	5.5 Joint Payee Checks 
	 	 	 30	 
	5.6 Retention 
	 	 	 31	 






 


 









 





	 	 	 	 	 
	5.7 Substantial Completion Payment 
	 	 	 31	 
	5.8 Final Payment 
	 	 	 31	 
	5.9 Disputed Payments 
	 	 	 33	 
	5.10 Ownership of Materials 
	 	 	 33	 
	5.11 Deposits and Payments 
	 	 	 34	 
	5.12 Waiver 
	 	 	 34	 
	5.13 Materials Off-Site 
	 	 	 34	 
	 
	 	 	 	 
	ARTICLE VI OWNER’S RESPONSIBILITIES
	 	 	35	 
	 
	 	 	 	 
	6.1 Information and Services 
	 	 	 35	 
	6.2 Limitations 
	 	 	 36	 
	6.3 Project Representative 
	 	 	 36	 
	6.4 Approval of Major Purchases 
	 	 	 36	 
	6.5 Site Access 
	 	 	 36	 
	6.6 Payments 
	 	 	 37	 
	6.7 Proof of Funding 
	 	 	 37	 
	6.8 Good Faith 
	 	 	 37	 
	6.9 Timely Delivery of Drawings 
	 	 	 37	 
	 
	 	 	 	 
	ARTICLE VII CONTRACTOR’S RESPONSIBILITIES
	 	 	37	 
	 
	 	 	 	 
	7.1 Contractor’s Specific Representations 
	 	 	 37	 
	7.2 General Description 
	 	 	 40	 
	7.3 Preconstruction Services 
	 	 	 43	 
	7.4 Systems and Procedures 
	 	 	 45	 
	7.5 Schedule Meetings and Records 
	 	 	 46	 
	7.6 Contractor’s Operations 
	 	 	 46	 
	7.7 Site Discipline 
	 	 	 47	 
	7.8 Site Security 
	 	 	 48	 
	7.9 Coordination with Others 
	 	 	 49	 
	7.10 Product and Design Substitutions 
	 	 	 50	 
	7.11 Tests and Inspections 
	 	 	 51	 
	7.12 Access to Stored Material 
	 	 	 52	 
	7.13 Shop Drawings, Product Data and Samples 
	 	 	 52	 
	7.14 Project Record Documents and As-Built Requirements 
	 	 	 53	 
	7.15 Site Clean Up 
	 	 	 54	 
	7.16 Construction Facilities and Temporary Controls 
	 	 	 56	 
	7.17 Cutting and Patching of Work 
	 	 	 56	 
	7.18 Performance and Payment Bond Requirements 
	 	 	 57	 
	7.19 Liens 
	 	 	 57	 
	7.20 Royalties and Patents 
	 	 	 58	 
	7.21 Training 
	 	 	 58	 
	7.22 Construction Photographs 
	 	 	 58	 
	7.23 Statement of Unpaid Claims 
	 	 	 58	 
	 
	 	 	 	 
	ARTICLE VIII ARCHITECT
	 	 	59	 
	 
	 	 	 	 
	8.1 Architect’s Administration of the Contract 
	 	 	 59	 
	 
	 	 	 	 
	ARTICLE IX SUBCONTRACTORS AND VENDORS
	 	 	60	 
	 
	 	 	 	 
	9.1 Subcontractors and Vendors 
	 	 	 60	 
	9.2 Consent To Use Proposed Subcontractors and Vendors 
	 	 	 60	 
	9.3 Form of Subcontracts and Purchase Orders 
	 	 	 60	 
	9.4 Subcontractors and Vendors Designated By Owner 
	 	 	 61	 
	9.5 Payments to Subcontractors from the Contractor 
	 	 	 61	 
	9.6 Subcontractor and Vendor Replacements 
	 	 	 61	 
	9.7 Communications with Subcontractors and Vendors 
	 	 	 61	 
	9.8 Assignment 
	 	 	 62	 






 


 









 





	 	 	 	 	 
	 
	 	 	 	 
	ARTICLE X WARRANTY OBLIGATIONS
	 	 	62	 
	 
	 	 	 	 
	10.1 Contractor’s Warranty 
	 	 	 62	 
	10.2 Contractor’s Warranty Period 
	 	 	 63	 
	10.3 Compliance with Contract Documents 
	 	 	 63	 
	10.4 Warranty Costs 
	 	 	 63	 
	10.5 Timeliness of Corrective Services 
	 	 	 64	 
	10.6 Warranty Survival 
	 	 	 64	 
	10.7 Owner’s Right to Correct 
	 	 	 65	 
	10.8 Owner’s Right to Supplement Work of Contractor 
	 	 	 65	 
	10.9 Acceptance of Non-Conforming Work 
	 	 	 65	 
	10.10 Warranty Exclusions 
	 	 	 65	 
	10.11 Written Guaranty 
	 	 	 65	 
	 
	 	 	 	 
	ARTICLE XI SCHEDULING, DELAYS AND ACCELERATION
	 	 	66	 
	 
	 	 	 	 
	11.1 Owner’s Right to Modify 
	 	 	 66	 
	11.2 Project Schedule 
	 	 	 66	 
	11.3 Schedule Updates 
	 	 	 66	 
	11.4 Force Majeure Delay 
	 	 	 67	 
	11.5 Owner Delay 
	 	 	 67	 
	11.6 Extensions of Time and Guaranteed Maximum Price Increases for Delay 
	 	 	 67	 
	11.7 Limitations 
	 	 	 69	 
	11.8 Recovery Plans 
	 	 	 70	 
	11.9 Accelerations for Owner’s Convenience 
	 	 	 71	 
	11.10 Schedule Coordination 
	 	 	 71	 
	11.12 Partial Occupancy or Use 
	 	 	 72	 
	11.13 Other 
	 	 	 73	 
	 
	 	 	 	 
	ARTICLE XII SUBSTANTIAL AND FINAL COMPLETION
	 	 	73	 
	 
	 	 	 	 
	12.1 Substantial Completion Procedures and Requirements 
	 	 	 73	 
	12.2 Final Completion Procedures and Requirements 
	 	 	 75	 
	 
	 	 	 	 
	ARTICLE XIII CONCEALED CONDITIONS AND UNCOVERING OF WORK
	 	 	79	 
	 
	 	 	 	 
	13.1 Concealed Conditions 
	 	 	 79	 
	13.2 Covering of Work 
	 	 	 79	 
	 
	 	 	 	 
	ARTICLE XIV INDEMNIFICATION
	 	 	80	 
	 
	 	 	 	 
	14.1 Indemnitee 
	 	 	 80	 
	14.2 Defense Costs 
	 	 	 81	 
	14.3 Hazardous Materials 
	 	 	 81	 
	14.4 Other Limitations 
	 	 	 81	 
	14.5 Survival of Indemnification Provisions 
	 	 	 82	 
	14.6 Risk 
	 	 	 82	 
	 
	 	 	 	 
	ARTICLE XV INSURANCE
	 	 	83	 
	 
	 	 	 	 
	15.1 Owner Controlled Insurance Program 
	 	 	 83	 
	15.2 Evidence of Coverage 
	 	 	 84	 
	15.3 Deductibles 
	 	 	 84	 
	15.4 Cooperation by the Parties 
	 	 	 84	 
	15.5 Duration 
	 	 	 84	 
	 
	 	 	 	 
	ARTICLE XVI SAFETY AND COMPLIANCE
	 	 	85	 
	 
	 	 	 	 
	16.1 Contractor’s Site Safety Responsibilities 
	 	 	 85	 
	16.2 Compliance 
	 	 	 87	 






 


 









 





	 	 	 	 	 
	 
	 	 	 	 
	ARTICLE XVII TERMINATION OR SUSPENSION OF THE CONTRACT
	 	 	87	 
	 
	 	 	 	 
	17.1 Material Default by Contractor 
	 	 	 87	 
	17.2 Termination for Convenience 
	 	 	 91	 
	17.3 Suspensions by Owner
	 	 	 92	 
	17.4 Claims for Consequential Damages 
	 	 	 93	 
	17.5 Other Rights and Remedies 
	 	 	 94	 
	17.6 Contractor’s Remedies 
	 	 	 94	 
	 
	 	 	 	 
	ARTICLE XVIII CHANGE IN THE WORK
	 	 	95	 
	 
	 	 	 	 
	18.1 Change 
	 	 	 95	 
	18.2 Change Order 
	 	 	 95	 
	18.3 Change Proposal Request 
	 	 	 96	 
	18.4 Construction Change Directive 
	 	 	 97	 
	18.5 Determination of Increases in Guaranteed Maximum Price 
	 	 	 98	 
	18.6 Simultaneous Submittal Requirements 
	 	 	 98	 
	18.7 Continued Performance 
	 	 	 98	 
	18.8 Effect of Change Orders
	 	 	 99	 
	18.9 Verbal Instructions and Minor Changes in the Work 
	 	 	 99	 
	18.10 Waiver and Release of Contractor’s Rights 
	 	 	100	 
	 
	 	 	 	 
	ARTICLE XIX RECORD KEEPING AND AUDIT RIGHTS
	 	 	100	 
	 
	 	 	 	 
	19.1 Required Accounting Records 
	 	 	100	 
	19.2 Purpose and Extent of Record Access 
	 	 	101	 
	19.3 Record Keeping Formats 
	 	 	101	 
	19.4 Certifications 
	 	 	101	 
	19.5 Flow Down Provisions 
	 	 	101	 
	19.6 Remedies 
	 	 	102	 
	19.7 Record Retention 
	 	 	102	 
	 
	 	 	 	 
	ARTICLE XX CLAIMS
	 	 	102	 
	 
	 	 	 	 
	20.1 Definition 
	 	 	102	 
	20.2 Notice 
	 	 	102	 
	20.3 Pending Resolution 
	 	 	103	 
	20.4 Final Settlement of Claims 
	 	 	103	 
	20.5 Unresolved Claims 
	 	 	103	 
	 
	 	 	 	 
	ARTICLE XXI OWNER’S LENDERS
	 	 	103	 
	 
	 	 	 	 
	21.1 Owner’s Lenders 
	 	 	103	 
	21.2 Assignment and Default 
	 	 	104	 
	21.3 Owner’s Lenders Election 
	 	 	104	 
	21.4 Payment and Work Continuation 
	 	 	105	 
	21.5 Payments 
	 	 	105	 
	21.6 Audit Rights 
	 	 	105	 
	21.7 Access 
	 	 	105	 
	21.8 [Intentionally Omitted]
	 	 	105	 
	21.9 General Cooperation 
	 	 	105	 
	 
	 	 	 	 
	ARTICLE XXII DISPUTE RESOLUTION AND GOVERNING LAW
	 	 	106	 
	 
	 	 	 	 
	22.1 Judicial Determination 
	 	 	106	 
	22.2 Waiver of Jury Trial 
	 	 	106	 
	22.3 Governing Law 
	 	 	106	 
	22.4 Non-Waiver 
	 	 	106	 
	22.5 Severability 
	 	 	106	 
	 
	 	 	 	 
	ARTICLE XXIII PROPRIETARY INFORMATION AND USE OF OWNER’S NAME
	 	 	107	 
	 
	 	 	 	 
	23.1 Proprietary Information 
	 	 	107	 
	23.2 Advertising and Use of Owner’s Name 
	 	 	107	 
	23.3 Use of Drawings 
	 	 	107	 






 


 









 





	 	 	 	 	 
	ARTICLE XXIV MISCELLANEOUS PROVISIONS
	 	 	108	 
	 
	 	 	 	 
	24.1 Assignment 
	 	 	108	 
	24.2 Subordination 
	 	 	108	 
	24.3 No Third-Party Beneficiaries 
	 	 	108	 
	24.4 Enforceability 
	 	 	109	 
	24.5 Headings 
	 	 	109	 
	24.6 Counterparts 
	 	 	109	 
	24.7 Legal Fees 
	 	 	109	 
	24.8 Waiver 
	 	 	109	 
	24.9 Intent of the Parties 
	 	 	109	 
	24.10 Survival 
	 	 	110	 
	24.11 Independent Contractor 
	 	 	110	 
	24.12 Privileged Business 
	 	 	110	 
	24.13 Pinnacle Entertainment’s Compliance Committee 
	 	 	111	 
	24.14 M/W/DBE and Missouri Businesses 
	 	 	111	 
	24.15 Joint and Several Liability 
	 	 	111	 
	24.16 Entire Agreement 
	 	 	111	 
	 
	 	 	 	 
	ARTICLE XXV NOTICES
	 	 	112	 
	 
	 	 	 	 
	25.1 Notice Procedures 
	 	 	112	 
	25.2 Notices to Owner 
	 	 	112	 
	25.3 Notices to Contractor 
	 	 	112	 
	25.4 Change of Address 
	 	 	113	 
	 
	 	 	 	 







 


 









 







AGREEMENT FOR GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES




This Agreement for Guaranteed Maximum Price Construction Services (“Agreement”), effective as of
August 8, 2008 (the “Effective Date”) is entered into between Casino One Corporation, a Mississippi
corporation (“Owner”), and Yates/Paric, a joint venture, (“Contractor”), with regard to the
following.



RECITALS





	A.	 	Owner owns or leases the real property described on Exhibit A attached hereto and
incorporated herein by the reference (“Site”).
	 
	B.	 	Owner desires to construct on the Site a first class luxury resort and casino, including
casino and gaming areas, restaurants, retail, and exterior features, and all on-Site and
off-Site improvements and infrastructure related thereto, all in full accordance with the
Contract Documents, including the Drawings and Specifications, and including the Work (as
defined below) (the “Project”). Contractor’s Work is only a portion of the Project. The
Project also includes services and materials to be provided by Owner and other separate
contractors and consultants.
	 
	C.	 	Contractor and Owner acknowledge that the Drawings and Specifications are not complete, and
Contractor and Owner agree to work together to complete the Drawings and Specifications as
provided in this Agreement, including consistent with the Guaranteed Maximum Price Premises
and Assumptions and Project Schedule.
	 
	D.	 	Owner desires to engage Contractor to construct, and supervise the construction of, that
portion of the Project comprising the Work as more fully described in this Agreement and
Contractor desires to accept such engagement, upon the terms and conditions contained in this
Agreement.





 


2









 




AGREEMENT




In consideration of the mutual covenants and agreements set forth below, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor
and Owner hereby adopt and incorporate the foregoing Recitals and agree as follows:



ARTICLE I

DEFINITIONS




1.1 Architect. The “Architect” for the Project is Bergman, Walls and Associates or any other
architect designated by Owner to Contractor in writing.



1.2 Change, Change Order, Change Proposal and Construction Change Directive. The terms
Change, Change Order, Change Proposal and Construction Change Directive are defined in Article 18
of this Agreement.



1.3 Claim. The term Claim is defined in Section 20.1 of this Agreement.



1.4 Contract. Collectively the Contract Documents described in Section 1.5 below form the entire
contract for implementation of the Work and are collectively referred to as the “Contract”.



1.5
Contract Documents. “Contract Documents” shall consist of the documents listed in this
Section 1.5 which are hereby incorporated herein by this reference:




1.5.1 This Agreement (including all Exhibits hereto);




1.5.2 The Drawings (as defined in Section 1.8 below);




1.5.3 The Specifications (as defined in Section 1.16 below);




1.5.4 The Project Schedule (as defined in Section 11.2 of this Agreement and attached hereto
as Exhibit B);




1.5.5 The list of those personnel assigned by Contractor as Contractor’s Personnel, attached
hereto as Exhibit C;




1.5.6 All contracts and purchase orders of Contractor with Subcontractors and/or Vendors
with attachments thereto;




1.5.7 The list of Contractor’s Owned Equipment to be rented to Owner pursuant to
Section 3.2.6 of this Agreement, attached hereto as Exhibit D;




1.5.8 The Schedule of Values (as defined in Section 5.1 of this Agreement);




1.5.9 Guaranteed Maximum Price Premises and Assumptions, as defined in Section 3.1.8.1 of
this Agreement;


 


3









 






1.5.10 Technical Studies and Reports (as defined in Section 7.2 of this Agreement); and




1.5.11 All supplements, addenda, modifications and amendments to any of the foregoing
Sections 1.5.1 through and including 1.5.10, from time to time approved by Owner in writing,
including, without limitation, any Change Orders (as defined in Section 18.2 of this
Agreement) and Construction Change Directives (as defined in Article 18 of this Agreement),
and such other documents expressly referred to in the foregoing documents as being a part of
the Contract Documents. The Contract Documents do not include other documents such as
bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample
forms, and Contractor’s bid or portion of addenda relating to bidding requirements, except
to the extent included as part of a subcontract approved in accordance with this Agreement
and not inconsistent with this Agreement).



1.6 Contract Time. The “Contract Time” is the period of time for the Contractor to achieve
Substantial Completion of the Work in its entirety as further described in Section 4.1 of this
Agreement.



1.7 Cost of the Work. Cost of the Work shall have the meaning set forth in Section 3.2 of this
Agreement.



1.8 Drawings. “Drawings” are the graphic and pictorial portions of the Contract Documents,
wherever located and whenever issued, which are approved for use during construction and show the
design, location and dimensions of the Work and Project including plans, elevations, sections,
diagrams and other details; provided, however, Owner and Contractor acknowledge that as of the
Effective Date the Drawings are not complete. The Drawings include those listed on Exhibit E
attached hereto and incorporated herein by this reference.



1.9 Final Completion. Final Completion shall have the meaning set forth in Section 12.2 of this
Agreement.



1.10 Guaranteed Date of Substantial Completion. The term Guaranteed Date of Substantial
Completion is defined in Section 4.1 of this Agreement.



1.11 Guaranteed Maximum Price. The term Guaranteed Maximum Price shall have the meaning set
forth in Section 3.1 of this Agreement.



1.12 Major Permits. Major Permits are the architectural, grading and structural permits,
including plan check fees and transportation taxes directly relating thereto, for the major
building components of the Project. Major Permits shall not include individual permits relating to
individual Subcontractor’s respective portions of the Work, other than those identified in this
Section 1.12, unless otherwise agreed upon by
Owner and Contractor (provided, however, Owner shall pay for the plan check fees and transportation
taxes relating to the mechanical, electrical and plumbing permits for the Project).


 


4









 





1.13 Modification. The Contract Documents may be amended only by a “Modification” which is
defined to mean any of the following:




1.13.1
A written amendment to the Contract identified as such and signed by both parties;




1.13.2
A Change Order as defined in Article 18 of this Agreement;




1.13.3
A Construction Change Directive as defined in Article 18 of this Agreement; or




1.13.4
A Minor Change as defined in Section 18.9 of this Agreement.



1.14 Owner’s Lenders. The term Owner’s Lenders is defined in Article 21 of this Agreement.



1.15 Principal Interior Designer. The “Principal Interior Designer” for the Project is Avery
Brooks and Associates. For purposes of Contractor’s Work, the Architect shall be responsible for
coordinating the activities of the Principal Interior Designer.



1.16 Specifications. “Specifications” are that portion of the Contract Documents, wherever
located and whenever issued, which are approved by Owner for use during construction and set forth
the minimum written requirements for materials, equipment, construction systems, standards and
workmanship for the Work; provided, however, Owner and Contractor acknowledge that as of the
Effective Date the Specifications are not complete.



1.17 Subcontractor. “Subcontractor” means any person or entity (including employees, agents and
representatives thereof) (including laborers) who has a contract with or is engaged by Contractor,
or with any other Subcontractor, at any tier to construct or perform a portion of the Work and/or
provide construction related services for the Work at the Site, and includes any party any of them
are responsible or liable for at law or under the Contract Documents.



1.18 Substantial Completion. “Substantial Completion” shall have the meaning set forth in
Section 12.1 of this Agreement.



1.19 Substitution. “Substitution” means the substitution of any materials or equipment specified
in the Contract Documents, or any design change, initiated by the Contractor and approved by Owner
in advance and in writing pursuant to Section 7.10 of this Agreement after the Effective Date.


 


5









 





1.20 Vendor. “Vendor” means any person or entity (including employees, agents and
representatives thereof) which has a purchase order or other agreement to provide materials,
supplies, equipment and/or related services for the Work and/or provide installation services at
the Site for the Work, through a contract, purchase order or other arrangement with Contractor or
any Subcontractor at any tier, and includes any party any of them are responsible or liable for at
law or under the Contract Documents.



1.21 Work. “Work” means the totality of the obligations imposed upon Contractor by the Contract
Documents, including, without limitation, the supply and performance by Contractor, directly and
through Subcontractors and Vendors, of all things necessary and/or reasonably inferable from the
Contract Documents as being required or necessary to fully complete the tasks and improvements
described in Exhibit F attached hereto as Contractor’s Work, in accordance with the requirements of
the Contract Documents, including, but not limited to, all labor, services, materials, equipment,
tools, machinery and fabrication. The term “Work” does not include the exclusions or Owner’s
separate work as identified on Exhibit F attached hereto.



ARTICLE II

INTENT, INTERPRETATION AND CORRELATION




2.1 Intent of the Contract Documents. The intent of the Contract Documents is for the Contractor
to perform and supply, and Owner hereby engages Contractor to and Contractor hereby agrees to
perform and supply, the Work, including all necessary scheduling, procurement, supervision,
construction, and construction management services and supply all necessary labor, materials,
equipment and related work and services, including all things reasonably inferable from the
Contract Documents as being necessary to fully complete the Work and obtain the indicated results
described in Exhibit F attached hereto, in accordance with the requirements of the Contract
Documents, including, but not limited to the requirements of the Project Schedule and the
Guaranteed Maximum Price requirements set forth in Article 3 below. The Contract Documents are
complementary, and what is required by or reasonably inferable from any one of the Contract
Documents (including either a Drawing or Specification) as being necessary to produce the indicated
results shall be binding and required as a part of the Work as if required by all Contract
Documents. Notwithstanding anything in the Contract Documents to the contrary, performance by the
Contractor shall be required only to the extent consistent with the Contract Documents and
reasonably inferable from them as being necessary to produce the indicated results.


 


6









 





2.2 Order of Precedence. Subject to the provisions of Section 2.3 hereof, in the event of any
conflicts or inconsistencies which cannot be resolved by reading the Contract Documents as a whole,
the
provisions of the Contract Documents shall be controlling in accordance with the following order of
precedence:




2.2.1
This Agreement;




2.2.2
The Drawings;




2.2.3
Specifications; and




2.2.4
Other Contract Documents incorporated by reference.



2.3 Contractor’s Compliance with Contract Documents.




2.3.1 Contractor hereby agrees and accepts that Contractor has a duty to refer all questions
with respect to any doubts or concerns over the intent or appropriate interpretation of the
Contract Documents to Owner for Owner’s decision. Any failure by Contractor to seek such
clarifications shall in no way limit Owner’s ability to require implementation, including
replacement of installed Work at a later date at Contractor’s sole expense, to achieve
compliance with the Contract Documents.




2.3.2 The failure of Owner to insist in any one or more instances upon a strict compliance
with any provision of this Contract, or to exercise any option herein conferred, shall not
be construed as a waiver or relinquishment of Owner’s right thereafter to require compliance
with such provision of this Contract, or as being a waiver of Owner’s right thereafter to
exercise such option, and such provision or option will remain in full force and effect.




2.3.3 If the Contractor recognizes, in accordance with Article 7, any inconsistency in the
Drawings or any conflict between the Drawings and Specifications, the Order of Precedence
shall govern unless Owner directs otherwise in writing.




2.3.4 Contractor shall be responsible for dividing the Work among the appropriate
Subcontractors and Vendors. No claim will be entertained by Owner based upon the
organization or arrangement of the Specifications and/or the Drawings into areas, sections,
subsections or trade disciplines.




2.3.5 Detail drawings shall take precedence over scale drawings, and figured dimensions on
the Drawings shall govern the setting out of the Work.


 


7









 






2.3.6 Unless the Specifications expressly state otherwise, references to documents and
standards of professional organizations shall mean the latest editions published prior to
the Effective Date.




2.3.7 Technical words, abbreviations and acronyms in the Contract Documents shall be used
and interpreted in accordance with customary usage in the construction industry.




2.3.8 Whenever consent, permission or approval is required from any party pursuant to the
provisions of the Contract Documents, such consent, permission or approval shall, unless
expressly provided otherwise in this Agreement, be given or obtained, as applicable, in
writing.



ARTICLE III

GUARANTEED MAXIMUM PRICE




3.1 Guaranteed Maximum Price. Subject to additions and deductions which may be made only in
accordance with the Contract Documents, Contractor represents, warrants and guarantees to Owner
that the total maximum cost to be paid by Owner for Contractor’s complete performance under the
Contract Documents, including, without limitation, Final Completion of all Work, all services of
Contractor under the Contract, and all fees, compensation and reimbursements to Contractor, shall
not exceed the total amount of One Hundred Forty-Eight Million, Eight Hundred Thirty Thousand, Nine
Hundred Thirty Seven Dollars and no/100 ($148,830,937.000) (“Guaranteed Maximum Price”). Costs
which would cause the Guaranteed Maximum Price (as may be adjusted pursuant to the Contract
Documents) to be exceeded shall be paid by the Contractor without reimbursement by Owner.




3.1.1 Guaranteed Maximum Price Components. The Guaranteed Maximum Price is comprised of the
maximum amount payable by Owner for:




3.1.1.1 The Cost of the Work listed in Subsection 3.2 hereof for full and complete
performance of the Work in strict accordance with Contract Documents, and




3.1.1.2 A fee to Contractor in the amount of 4.00% (“Contractor’s Fee”). The
Contractor’s Fee shall be the Contractor’s sole and exclusive compensation for all
costs described as Non-Allowable Costs of the Work in Section 3.3 hereof and is
inclusive of all overhead and profit arising out of or relating to the Contractor’s
Work. The Guaranteed Maximum Price is further broken down into line items and
categories on Exhibit F attached hereto.


 


8









 






3.1.2 Cost Overruns. Subject to additions or deductions which may be made in accordance
with the Contract Documents, Contractor shall be solely liable and responsible for and shall
pay any and all costs, fees and other expenditures in excess of the Guaranteed Maximum Price
for and/or relating to the Work, without entitlement to reimbursement from Owner. Contractor
is not entitled to any fee, payment, compensation or reimbursement under this Agreement or
relating to the Work or Project other than as expressly provided in this Article 3.




3.1.3 Proof of Funds. If at any time or from time to time Owner reasonably believes that
based on the progress of the Work and Cost of the Work that at any point the Work cannot be
completed for the Guaranteed Maximum Price, Owner shall have the right to require Contractor
to provide Owner with satisfactory evidence of funds available to Contractor to pay any
anticipated overage. Prior to Owner exercising any rights under this Section, Owner shall
first provide written notice to Contractor requesting satisfactory evidence of available
funds and shall include in the request a) the reasons for Owner’s belief that the Work
cannot be completed for the Guaranteed Maximum Price and b) the method and manner by which
Owner calculates the anticipated overage. Contractor shall, within ten days following
receipt of this written notice from Owner, provide Owner with either i) evidence reasonably
satisfactory to Owner that the Work can be completed within the Guaranteed Maximum Price and
the basis upon which Contractor believes this to be accurate or ii) satisfactory evidence of
funds available to make up any anticipated overage. If Owner, after reviewing the evidence
submitted by Contractor pursuant to paragraph i) herein, still reasonably believes that the
Work cannot be completed for the Guaranteed Maximum Price, then Owner shall have the right
to notify Contractor in writing of Owner’s determination thereof and Contractor shall,
within five days of receipt of Owner’s written notice of this determination, provide Owner
with satisfactory evidence of funds available to pay any anticipated overage as described in
Owner’s initial request for proof of funds. Contractor’s failure to timely provide such
satisfactory evidence to Owner of available funds shall constitute a default under this
Agreement.




3.1.4 Inferable Work. Subject to the limitations set forth in Section 2.1 above,
Contractor agrees that the scope of the Guaranteed Maximum Price includes Work not expressly
indicated on the Contract Documents, but which is reasonably inferable from the Contract
Documents, or consistent therewith, and such Work shall be performed by Contractor without
any increase in the Guaranteed Maximum Price.




3.1.5 [Intentionally Omitted]


 


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3.1.6 Construction Contingency. The Guaranteed Maximum Price includes a construction
contingency in the amount of Four Million, Three Hundred Thousand Dollars ($4,300,000.00)
(“Construction Contingency”). Subject to the terms of the Contract Documents, Contractor
shall be entitled to allocate from and apply against the Construction Contingency Costs of
the Work for the following, and no other, purposes relating to the Work: (a) implementation
of any Recovery Plan, (b) cost overruns, (c) Minor Changes in the Work, (d) warranty costs
prior to Final Completion, (e) those circumstances where the actual cost of an item exceeds
the amount allocated to such item in the Guaranteed Maximum Price (pursuant to
Section 3.1.8.2 or 3.1.8.3 of this Agreement), (f) any purpose expressly authorized in this
Agreement, and (g) concealed conditions; provided, however, that Contractor may not apply,
use or allocate from the Construction Contingency any amounts for any of the foregoing
purposes that are the result of, relate to or arise from any material breach or material
failure to perform by, Contractor, any Subcontractor or Vendor (except as necessary to
replace any Subcontractor or Vendor because of the bankruptcy or failure to perform of such
Subcontractor or Vendor), or any party for which any of them are liable or responsible at
law or under the Contract Documents or for any Non-Allowable Costs of the Work.
Notwithstanding anything to the contrary, the Contractor shall not be required to use the
Construction Contingency for any purpose that would otherwise entitle it to an increase in
the Guaranteed Maximum Price pursuant to the terms and conditions of this Agreement (e.g.
Article XVIII “Change in the Work”). Each allocation of the Construction Contingency by
Contractor shall be reflected (with a narrative explanation) on the respective Application
for Progress Payment for the period during which Contractor makes such allocation and
application. The first Five Hundred Thousand Dollars ($500,000.00) of the Construction
Contingency remaining unallocated at Final Completion shall be a credit against and reduce
the Guaranteed Maximum Price. The remainder of the Construction Contingency shall be split
between the Owner and Contractor equally (50% each).




3.1.7 Allowances. The Guaranteed Maximum Price includes specific “Allowance Amounts” for
certain items as shown on the Schedule of Values and budgeted in the Guaranteed Maximum
Price (“Allowance Items”). The only Allowance Items shall be those specifically identified
as such in the Schedule of Values and in the Guaranteed Maximum Price. The Allowance Amounts
represent all Costs of the Work of the Allowance Items, including, without limitation, costs
of materials, labor, handling, transportation, loading and unloading and installation, as
determined by Contractor.


 


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3.1.8 Fast Track Drawings and Specifications. As described in Section 7.3 of this
Agreement, the Drawings and Specifications for the Work and Project are not complete. As
Drawings and Specifications are completed for a particular portion of the Work (including
Allowance Items), Contractor shall to the extent practical propose and obtain bids from a
minimum of three Subcontractors and/or Vendors for that portion of the Work and, in
accordance
with Section 9.2 hereof, assist Owner in selecting one of the Subcontractor or Vendor bids
for that Work.




3.1.8.1 If the amount of the bid selected by Owner exceeds the amount budgeted in
the Guaranteed Maximum Price for that item or portion of the Work, including the
Allowance Amount as to an Allowance Item, and the increase in cost is due to the
failure of the Drawings and Specifications to substantially conform to the
“Guaranteed Maximum Price Premises and Assumptions” as set forth on Exhibit F
attached hereto, Owner shall, subject to Section 3.1.8.3 below, either (a) rework
the Drawings and Specifications with Architect and Contractor to cause the Work
depicted therein to fall within the budgeted amount allocated in the Guaranteed
Maximum Price (or within the Allowance Amount as to an Allowance Item), or (b) if
the cost difference is less than $5,000.00 (subject to an aggregate maximum total of
$100,000.00), Owner shall be entitled to allocate and apply a portion of the
Construction Contingency to such increased cost, or (c) increase the Guaranteed
Maximum Price by an amount equal to that portion of the difference between the
amount of the selected bid over the amount budgeted for such item or portion of the
Work in the Guaranteed Maximum Price (or over the Allowance Amount as to an
Allowance Item) that is attributable to the failure of the Drawings and
Specifications to substantially conform to the Guaranteed Maximum Price Premises and
Assumptions, or.




3.1.8.2 If the amount of the bid recommended by Contractor exceeds the amount
allocated or budgeted in the Guaranteed Maximum Price for that item or portion of
the Work, and the Drawings and Specifications substantially conform to the
Guaranteed Maximum Price Premises and Assumptions, then:




	 	(a)	 	if the portion of the Work is not an Allowance Item,
Contractor shall perform such Work and such increase in costs shall be
solely Contractor’s responsibility and Contractor shall not be entitled to,
and will not seek, any increase in the Guaranteed Maximum Price (though
Contractor shall be entitled to allocate a portion of the Construction
Contingency to cover such cost increase if Contractor elects to the extent
permitted in accordance with Section 3.1.6 hereof; provided however, if no
funds remain in the Construction Contingency, Contractor shall still be
responsible for the increased cost of the Work); or
	 
	 	(b)	 	if the portion of the Work is an Allowance Item,
Contractor shall not be responsible for such excess cost of that Allowance
Item over the Allowance Amount (subject to Section 3.1.8.3 hereof), even if
the Drawings and Specifications are in substantial conformance with the
Guaranteed Maximum
Price Premises and Assumptions, and in such case as to such increased costs
Owner will make an election under clauses (a), (b), (c) or (d) of
Section 3.1.8.1 above.




 


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3.1.8.3 Notwithstanding the provisions of Sections 3.1.8.1 and 3.1.8.2 above, if
Contractor failed to comply with its obligations under Section 7.3 of this
Agreement, including to timely notify Owner in writing in accordance with
Section 7.3.5 of this Agreement that the Drawings, Specifications or designs for
such item or portion of the Work (excluding any Allowance Item), failed to
substantially conform to the Guaranteed Maximum Price Premises and Assumptions, or
that redesign or value engineering was necessary to bring the cost within or below
the amounts allocated in the Guaranteed Maximum Price for such item or portion of
the Work, Owner shall not be required to make any election under clause (a), (b),
(c) or (d) of Section 3.1.8.1 above or under Section 3.1.8.2 above, and Contractor
shall perform and be responsible for the increased cost of such Work (though
Contractor may utilize a portion of the Construction Contingency to cover such
increased costs; provided, however, if no funds remain in the Construction
Contingency, Contractor shall still be responsible for the increased costs of such
Work) and be stopped from seeking, and Contractor agrees not to seek and shall not
be entitled to, any increase in the Guaranteed Maximum Price with regard thereto.




3.1.8.4 If the amount of the bid selected by Owner plus the additional and customary
cost to complete the bid Work (if such additional and customary amount is so
required as mutually determined between Owner and Contractor) is less than the
amount allocated or budgeted in the Guaranteed Maximum Price for that item or
portion of the Work, then:




	 	(a)	 	if the portion of the Work is not an Allowance Item,
the difference between those amounts shall be allocated to and included
within the Construction Contingency; or
	 
	 	(b)	 	if the portion of the Work is an Allowance Item, then
such savings and difference shall reduce the Guaranteed Maximum Price.






3.1.8.5 Notwithstanding the provisions of this Section 3.1.8, if Owner elects to
have a party other than Contractor, or one of Contractor’s Subcontractors, perform
the Work related to an Allowance Item or other portion of the Work, or otherwise
eliminates or reduces the scope of an Allowance Item or other portion of the Work
contemplated within the Guaranteed Maximum Price, the Guaranteed Maximum Price shall
be reduced by the Allowance Amount for any such Allowance Item or the budgeted
amount in the Guaranteed Maximum Price for such item, provided, however, the
Contractor shall be
entitled to its portion of the Contractor’s Fee for the amount by the aggregate
amount of reductions specified in the preceding clause
 _____, and there shall not be any
corresponding increase in the Guaranteed Maximum Price for the cost of such
Allowance Item or other portion of the Work not performed by Contractor.




3.1.8.6 [Intentionally Omitted]


 


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3.2
Cost of the Work. “Cost of the Work” means those elements of costs described in this
Section 3.2 up to the Guaranteed Maximum Price (subject to change only as provided in this
Agreement) which are chargeable to Owner and payable to Contractor when reasonably, actually and
necessarily incurred by the Contractor during proper performance of the Work, without mark-up or
add on of any kind by or at the request of Contractor. Such costs shall be actual costs paid by
Contractor less all discounts, rebates and salvages taken by Contractor. All amounts paid or
payable as Costs of the Work shall be subject to verification by audit pursuant to Article 19 of
this Agreement. Contractor covenants and agrees to use its best efforts to achieve the best value
reasonably available and consistent with the Contract Documents, for all Cost of the Work items.
Costs of the Work shall be strictly limited to and include only the following items:




3.2.1 Contractor’s Salaried Employees. Direct cost of amounts actually paid by Contractor
for the salaries paid to Contractor’s employees (excluding craft labor) while and only to
the extent they are performing Work at the Site and, with respect to certain employees set
forth on Exhibit C, to the extent they are performing work directly related to the Project
off-Site (“Personnel”), except to the extent approved otherwise by Owner, and at the rates
set forth on Exhibit C attached hereto, including Contractor’s actual costs of statutory
payroll taxes and customary employee benefits to the extent stated in this Subsection 3.2.1,
pro-rated for the time they are performing Work. Contractor shall submit to Owner all
documentation necessary to support the referenced rate and benefits. Contractor’s costs for
bonuses, stock options, profit sharing arrangements and similar incentive programs shall be
Non-Allowable Costs of the Work (except for amounts paid by Contractor into 401K plans for
its designated Personnel, which amounts shall not exceed 4% of the respective employee’s
gross salary) and thus included within the Contractor’s Fee. Contractor’s rates shall
exclude any elements of overhead or profit. Any changes to such chargeable personnel listed
in Exhibit C attached hereto, during the course of the Work must be approved in advance and
in writing by Owner. The Contractor shall submit a rate schedule for each of its personnel
listed in Exhibit C attached hereto, for Owner’s audit and approval, including any increases
other than increases solely for annual standard cost of living adjustments and merit raises
in Contractor’s normal and customary practice, but not to exceed
five percent (5%) annually, unless approved otherwise by Owner. Costs included in such
proposed rates shall, however, be strictly limited to actual payroll costs including actual
labor burden, and excluding any element for overhead or profit. Items covered by or included
within the labor burden shall not be separately or otherwise included in Costs of the Work
or billed to Owner.


 


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3.2.2 Contractor’s Site Craft Labor. Direct cost of amounts actually paid for Contractor’s
craft labor, including actual labor burden. Contractor shall submit hourly rates for both
regular time and premium time hours for Owner’s review and approval. In no event shall such
rates exceed either those hourly rates specified in collective bargaining agreements
applicable to such labor, including stated increases, or the amount actually paid by
Contractor for such craft labor, unless approved in writing in advance by Owner.




3.2.3 Subcontractor and Vendor Costs. Direct cost of amounts properly billed and to be paid
by Contractor to its Subcontractors and Vendors for Work performed pursuant to subcontracts
and purchase orders which have been reviewed and approved in advance and in writing by Owner
(except to the extent Owner’s prior written consent is not required pursuant to Section 9.3
of this Agreement).




3.2.4 Materials and Equipment Incorporated in the Work. Direct cost of amounts properly
billed and to be paid by Contractor for all materials and equipment incorporated into the
Work by Contractor, including the actual direct costs of transportation and temporary
storage (including any materials stored off-Site so long as the requirements of Section 5.13
of this Agreement are fulfilled to Owner’s satisfaction). Contractor shall promptly disclose
to Owner all relevant details regarding any such materials, equipment and other items if any
of the foregoing is being provided for purchase by Contractor or any company which is a
subsidiary or otherwise affiliated with Contractor or its parent company. Said costs shall
be invoiced at actual prices, net of any available trade and quantity discounts. Contractor
shall use its best efforts to achieve the lowest cost or price reasonably available and
consistent with the Contract Documents. Any salvage value received by Contractor or any
Subcontractor for any excess items paid for by Owner, to be determined prior to Owner’s
final payment upon Final Completion, shall reduce the Cost of the Work and be a credit to
Owner.




3.2.5 Materials and Equipment Consumed at the Site. Direct cost of amounts actually paid by
Contractor for all materials, equipment, supplies and small tools which are provided by
Contractor at the Site and fully consumed at the Site during performance of the Work,
including the direct costs of transportation and temporary storage on-site or pursuant to
Section 5.13 hereof. Contractor shall promptly disclose to Owner all relevant details
regarding any such
materials, equipment and other items if any of the foregoing is being provided for purchase
by Contractor or any company which is a subsidiary or otherwise affiliated with Contractor
or its parent company. Said costs shall be at lowest rates reasonably available and
consistent with the Contract Documents and invoiced at actual prices, including any
available trade and quantity discounts. Contractor covenants and agrees to use its best
efforts to achieve the lowest cost or price reasonably available and consistent with the
Contract Documents. Any salvage value for any excess items paid for by Owner, to be
determined prior to Owner’s final payment upon Completion, shall reduce the Cost of the Work
and be a credit to Owner.


 


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3.2.6 Rental Equipment. Direct cost of amounts actually paid by Contractor for rental
charges for all necessary construction machinery and equipment utilized at the Site,
exclusive of small tools, but limited to the direct costs of transportation, delivery,
installation, dismantling, removal, maintenance, and insurance. Contractor shall use its
best efforts to achieve the lowest cost or price reasonably available and consistent with
the Contract Documents. Contractor shall promptly disclose to Owner all relevant details if
any such construction machinery or equipment is being provided, either for purchase or
rental, by Contractor or any company which is a subsidiary or otherwise affiliated with
Contractor or its parent company. The rental rates for any machinery and equipment owned by
Contractor or an affiliated entity shall be agreed upon by Owner and Contractor in advance,
and those rates are incorporated into the rate schedule which is attached to this Agreement
as Exhibit D. Notwithstanding anything to the contrary in Exhibit D, the aggregate amount of
rental costs charged for any individual piece of Contractor or affiliate-owned machinery or
equipment shall be limited to 80% of its actual acquisition cost.




3.2.7 Site Office Costs. Direct cost of amounts actually paid by Contractor for Site office
facilities and Site office general expenses, telephone services, long distance telephone
calls, photocopying, postage, reasonable and customary petty cash expenses not to exceed
$500.00 monthly, facsimile transmissions, office supplies, custom printing required by the
Contract Documents, express and air courier mail delivery services, Site office equipment
such as computers, telephones, copiers, facsimile machines, typewriters and similar items
used in connection with the Work. Contractor shall use its best efforts to achieve the
lowest cost or price reasonably available and consistent with the Contract Documents,
provided, however, such costs shall be expressly limited to such of the foregoing items not
otherwise made available or provided by Owner to Contractor at the Site. Contractor shall
promptly advise Owner of any such Site office equipment which is charged to the Work in
excess of Five Thousand Dollars ($5000.00) and provide Owner with all purchase and rental
agreements pertaining thereto for Owner’s approval. Contractor shall promptly disclose to
Owner all relevant details if any such Site office equipment in excess of Five Thousand
Dollars ($5000.00) is being provided, either for purchase or rental, by Contractor or any
company which is a subsidiary or otherwise affiliated with the
Contractor or its parent company. Such equipment shall be deemed Contractor owned equipment
and a Cost of the Work only in accordance with Contractor’s Equipment List attached hereto
as Exhibit D. Any salvage value received by Contractor or any Subcontractor for any excess
items paid for by Owner, to be determined as part of Final Completion, shall be a credit for
Owner’s account.


 


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3.2.8 Sales and Use Taxes. Direct cost of amounts actually paid by Contractor for sales and
use taxes for materials and equipment incorporated or consumed into the Work, plus on rental
equipment used in the Work, that are imposed by governmental authorities and paid by the
Contractor.




3.2.9 Bond Premiums. Direct cost of amounts actually paid by Contractor for premiums solely
attributable to the Work for Contractor’s Performance and Payment Bonds to the extent
required by Owner, and direct amounts paid for Subcontractor bond premiums.




3.2.10 Course of Constructions Repairs. Actual and reasonable costs incurred and paid by
Contractor in repairing minor damage to trade Work caused as a normal by-product during the
course of construction and not attributable to the fault of Contractor, any Subcontractor or
Vendor or covered by insurance.




3.2.11 Royalties. Royalties and license fees necessarily and reasonably incurred and paid by
Contractor for an express design, process or product required by the Contract Documents in
accordance with Section 7.20 hereof.




3.2.12 Other Costs. Other actual direct costs incurred in the performance of the Work, but
limited solely to those costs which are approved in writing by Owner.




3.2.13 Miscellaneous Costs. Miscellaneous costs are chargeable as Costs of the Work only as
follows:




3.2.13.1 Direct costs actually paid by Contractor for clean-up and removal of
debris;




3.2.13.2 Direct costs actually paid to respond to an emergency affecting the
safety of persons and property, and not the result of any act or omission of
Contractor or any Subcontractor or Vendor or any party for whom any of the foregoing
are responsible or liable at law or under the Contract Documents;




3.2.13.3 Direct costs actually paid by Contractor and approved by Owner for Site
security services for protection of the Work;


 


16









 






3.2.13.4 Actual costs incurred by Contractor for blueprinting of Drawings as
required by the Contract Documents and required postage, express mail and long
distance costs in the performance of the Work; and




3.2.13.5 Except for the Major Permits which shall be Owner’s responsibility to
pay for, direct costs actually paid for building permit fees, including plan check
fees, which are required by governmental authorities to be taken out in Owner’s name
for construction and completion of the Work, including temporary and final
Certificates of Occupancy.




3.2.13.6 Direct costs actually paid by Contractor’s Personnel reasonably incurred
by such Personnel while traveling in the performance of the Work.




3.2.13.7 Losses and expenses not compensated by insurance and incurred by
Contractor directly relating to the performance of the Work and not relating to or
arising from the failure of Contractor or any Subcontractor or Vendor or any party
any of the foregoing are liable or responsible for under the Contract Documents or
at law, to comply with the Contract Documents or the negligence of any of the
foregoing persons.




3.2.13.8 The cost of insurance premiums for the specific insurance coverages listed on
Exhibit R carried by Contractor and Subcontractors relating to the Work and costs of insurance
pursuant Section 15.1.1 hereof, if applicable.




3.2.13.9 All direct and indirect costs of any nature relating to work for
correction, removal, replacement or disposal of any non-conforming Work, materials
or equipment throughout the course of the Work and also during the Warranty Period
as required in Article 10 of this Agreement to the extent not recoverable from a
Subcontractor;



3.3
Non-Allowable Cost of the Work. “Non-Allowable Cost of the Work” mean the direct and/or
indirect costs described in this Section 3.3 and all similar costs and all other costs not included
within Costs of the Work, which are paid or incurred by Contractor during performance of the Work.
All such Non-Allowable Costs of the Work are included in Contractor’s Fee set forth in Subsection
3.1.1 above, regardless of whether they exceed the amount of such Contractor’s Fee. Contractor
shall not be entitled to receive any additional reimbursement for Non-Allowable Costs of the Work,
including without limitation, any of the types of cost items described as follows:




3.3.1 The cost of any item not specifically and expressly included as a Cost of the Work in
Section 3.2 above;




3.3.2 Costs in excess of the Guaranteed Maximum Price;


 


17









 






3.3.3 Salaries and all other compensation of the Contractor’s personnel and representatives
performing any function at any offsite location whatsoever, except for those Personnel
individually named or position identified as approved in Exhibit “C” attached hereto, and to
the extent described therein;




3.3.4 All direct and indirect operating, maintenance and overhead costs of any nature
whatsoever arising out of or in any way relating to any of the Contractor’s principal or
branch offices, including, but not limited to: office space; furniture and equipment which
is dedicated to or reserved for use for the Work; leasing and rental costs; maintenance;
local telephone; utilities; depreciation; security; office supplies; property taxes; the
development of engineering and construction manuals, standards or computer programs;
personnel training of any kind; and janitorial services; excepting only those actual and
direct costs incurred and permitted to the extent described in Subsections 3.2.7 and 3.2.13
above;




3.3.5 Any expenses relating to Contractor’s operating capital, including interest on the
Contractor’s capital employed in support of the Work (provided, however, as to interest,
only so long as Owner timely pays amounts properly due and owing to Contractor in accordance
with and subject to the Contract Documents);




3.3.6 All direct and indirect costs arising out of the fault or negligence of, or failure to
comply with the terms of the Contract Documents or any subcontracts by, the Contractor, any
Subcontractor or Vendor of any tier or anyone directly or indirectly employed by any of
them, or for whose acts or omissions any of them are responsible or liable at law or under
the Contract Documents;




3.3.7 Intentionally Omitted




3.3.8 All costs incurred by Contractor for bonuses, stock options, profits sharing
arrangements and similar incentive programs (other than as provided in Section 3.2.1 with
regard to 401K plans);




3.3.9 [Intentionally Omitted]




3.3.10 All direct and indirect costs of any nature resulting from or attributable to
terminations, cancellations for convenience or suspensions, excepting only for those costs
which are expressly identified and permitted in accordance with Article 17 of this
Agreement;




3.3.11 Rental costs of Contractor or affiliate owned machinery and equipment, except as
specifically provided in Subsection 3.2.6 of this Agreement;


 


18









 






3.3.12 All costs of business and/or operating permits, licenses, fees and taxes, required by
any local, state or federal governmental authorities or labor agreements to enable the
Contractor, its Subcontractors or Vendors of any tier to be qualified to do business and/or
perform trade activities and/or any Work pursuant to the Contract Documents;




3.3.13 Costs of repairing defective or non-conforming Work or Work damaged by Contractor,
Subcontractors, sub-subcontractors, material men, anyone directly or indirectly employed by
any of them, or for those acts or omissions any of them are responsible or liable at law or
under the Contract Documents, except for Punch List Items or as provided in Section 3.2.10
hereof to the extent recoverable from a Subcontractor or Vendor;




3.3.14 Costs incurred by Contractor in satisfying its indemnification obligations pursuant
to Article 14 of this Agreement or any other Contractor indemnification provision of the
Contract Documents;




3.3.15 Payments on account of materials, supplies, and equipment until delivered and
suitably stored at the Site for subsequent incorporation or consumption in the Work, except
as specifically provided in Section 5.13 of this Agreement (if, however, in Owner’s
reasonable opinion, such warehousing and storage costs are due to Contractor caused delays
and/or poor sequencing of the Work by Contractor, these costs shall not be considered a Cost
of the Work and will be at Contractor’s sole cost and expense);




3.3.16 Costs incurred by Contractor relating to the preparation, response to or defense of
any Claim for which Contractor or any Subcontractor or Vendor are liable or responsible at
law or under the Contract Documents;




3.3.17 Any cost incurred by Contractor relating to a Change in the Work without a Change
Order or Construction Change Directive (other than a Minor Change or unless approved
otherwise in writing by Owner and Owner’s Lenders);




3.3.18 Any Costs of the Work reimbursed by insurance to Contractor or any Subcontractor or
Vendor;




3.3.19 The costs of any insurance premiums associated with the Owner’s requirement that
Contractor and Subcontractors carry insurance coverage beyond that provided by the OCIP (as
defined in Article 15 of this Agreement), and the cost of any other insurance maintained by
Contractor or any Subcontractor whether or not required by the Contract Documents (except
that insurance described in Section 3.2.13.8 hereof); and




3.3.20 All other direct, indirect and/or overhead costs of any nature whatsoever, except as
otherwise expressly provided to the contrary in the Contract Documents.


 


19









 





3.4 Contractor’s Responsibility for Taxes. Other than direct cost of amounts actually paid by
Contractor for sales and use taxes directly relating to materials and equipment incorporated or
consumed into the Work and/or directly relating to rental equipment used in the Work that are
imposed by governmental authorities and paid by the Contractor, it is expressly understood that no
other taxes or duties (other than customs duties on equipment and material brought into the United
States expressly and solely for incorporation or consumption in the Work and imposed by
governmental authorities and paid by Contractor) of any nature whatsoever are considered Costs of
the Work and that Contractor will not be separately reimbursed for, but Contractor shall be
responsible for and shall timely pay, any other such taxes or duties whatsoever, including, but not
limited to, federal, state and local taxes, duties, excise taxes, personal property taxes on
construction equipment and other property owned or leased by Contractor, taxes on net income of
Contractor, filing fees on taxes, business taxes, and similar taxes applicable to or arising
directly or indirectly out of performance of the Work or Contractor’s property, business or
operations. The foregoing is not intended to preclude the reimbursement of payroll taxes as a
Cost of the Work.



3.5 Discounts, Rebates and Refunds. All cash discounts (so long as Owner has made payment to
Contractor to the extent advance or timely payment is necessary to obtain such cash discount),
trade discounts, rebates and refunds obtained by Contractor during the course of the Work, and all
amounts received from sales of surplus materials and equipment, shall accrue to Owner. Contractor
shall take all necessary steps to obtain, secure and pass on such credits to Owner and all such
discounts, rebates and refunds shall be fully reflected in Contractor’s monthly Applications for
Progress Payment submitted pursuant to Article 5 of this Agreement. Title to all materials, tools,
and equipment paid for by Owner shall be vested in Owner. At the completion of the Work and when no
longer required, such tools, equipment and materials as remain shall belong to Owner and be, as
Owner may direct (a) sold at the direction of Owner and all sums and allowances realized credited
against the Cost of the Work for all purposes under this Agreement or (b) delivered to Owner, all
as Owner shall direct.



3.6 No Duplication. Notwithstanding the breakdown or categorization of any costs in this
Article 3 or elsewhere in the Contract Documents, there shall be no duplication of payment in the
event any particular items for which payment is requested can be characterized as falling into more
than one of the types of compensable or reimbursable categories.


 


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ARTICLE IV

CONTRACT TIME AND INTERIM MILESTONE DATES




4.1 Definitions.





4.1.1 The term “day” means any calendar day including public holidays.




4.1.2 The “Notice to Proceed” means the written notice from Owner to Contractor providing
Contractor with a “Date of Commencement” for the Work.




4.1.3 The term “Interim Milestone Dates” means either the fixed dates, or the fixed
number of calendar days, available to Contractor to achieve the key schedule “Interim
Milestones” identified in the Project Schedule.




4.1.4 The term “Contract Time” means the period of time between the Date of Commencement
and Guaranteed Date of Substantial Completion, available to Contractor to achieve
Substantial Completion of the Work in its entirety in accordance with Section 12.1 of this
Agreement.




4.1.5 The term “Guaranteed Date of Substantial Completion” shall mean eighteen (18)
months from and after the Date of Commencement. Notwithstanding the foregoing, Owner and
Contractor agree to work aggressively to achieve Substantial Completion prior to Guaranteed
Date of Substantial Completion .



4.2 Time is of the Essence. Contractor and Owner acknowledge that TIME IS OF THE ESSENCE with
respect to their respective obligations under the Contract Documents, and that Owner’s business
interests will suffer substantial losses in the event that the Project is not completed within the
Interim Milestone Dates and/or the Contract Time in accordance with and subject to the terms of
this Agreement. Contractor hereby accepts and confirms that, subject to the terms of this
Agreement, the Contract Time is reasonable for completing the Work and hereby agrees to dedicate
such personnel and other resources as are necessary to assure that the Work is continuously managed
and performed in a diligent, skilled and workmanlike manner. Notwithstanding any other provision of
the Contract to the contrary, in the event Owner is unable to obtain financing satisfactory to
Owner for the Project and Owner does not issue a Notice to Proceed, Owner shall have the right to
terminate the Contract upon written notice to Contractor and such termination shall be treated as a
termination for convenience by Owner pursuant to Section 17.2 hereof and the parties rights and
obligations with regard to such termination shall be as provided for in Section 17.2 hereof.
Contractor will not commence or perform any Work prior to the Date of Commencement in Owner’s
Notice to Proceed.


 


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4.3 Completion Guarantees. Subject to changes in the Contract Time which are mutually agreed to
and finalized in accordance with the Contract Documents, Contractor hereby guarantees to cause the
Work to be commenced on the Date of Commencement as provided in Section 4.1.2 hereof, and (a) to
timely achieve each of the Interim Milestone Dates, and (b) to timely achieve Substantial
Completion of the Work in its entirety in accordance with the requirements of Section 12.1 of this
Agreement on or before the Guaranteed Date of Substantial Completion. Contractor’s failure to
achieve any of the Interim Milestone Dates or Substantial Completion by the Guaranteed Date of
Substantial Completion, except pursuant to mutually agreed schedule extensions which are determined
and finalized in Change Orders in accordance with the Contract Documents, shall be a material
breach of this Contract and Contractor shall and hereby agrees to indemnify Owner for and against
any and all costs, damages, expenses, losses, liabilities and obligations relating to and/or
arising out of any such delay(s), provided, however, Contractor’s liability to Owner under this
Agreement relating to damages arising solely from delays in the Work caused by Contractor or for
which Contractor is responsible or liable (as outlined in Section 4.4 below) shall not exceed the
total amount of one-half of the Contractor’s Fee. The foregoing limitation on liability relating to
delays shall not in any way limit Contractor’s liability for any other act, omission, breach or
default of Contractor, Subcontractor or any Vendor, shall only relate to damages actually suffered
by Owner and shall not apply to or in any way limit Contractor’s obligation to complete the Work
for the Guaranteed Maximum Price, including, but not limited to, Contractor’s responsibility for
all costs in excess of the Guaranteed Maximum Price pursuant to the Contract Documents, nor shall
the foregoing limitation on liability in any way apply to or limit in any way any of Contractor’s
obligations and covenants under Section 11.8 hereof, including, without limitation, Contractor’s
obligation to provide and implement any Recovery Plan and/or take all available steps to overcome
or mitigate against the adverse effects of all delays identified by Owner.



4.4 Liquidated Damages. If Substantial Completion of the Work is not achieved by the Guaranteed
Date of Substantial Completion, as such time period is adjusted pursuant to the Contract Documents,
Contractor acknowledges and agrees that Owner will suffer significant damages. Accordingly, if
Substantial Completion of the Work is not achieved by the Guaranteed Date of Substantial
Completion, Contractor shall pay to Owner on demand (or, at Owner’s option Owner may deduct,
withhold and/or set off the whole or any portion of the following liquidated damages amounts from
or against any amounts then or thereafter payable or due to Contractor from Owner), as liquidated
damages and not as a penalty, the amount of:




4.4.1 Thirty Thousand Dollars ($30,000.00) per day for each day of delay from and after the
fifth (5th) day after Guaranteed Date of Substantial Completion until Substantial
Completion is achieved, up to a total amount of one half of the Contractor’s Fee.




4.4.2 Owner and Contractor hereby agree that it would be impractical or impossible to fix
actual damages in the case of Contractor’s default of its obligation to cause Substantial
Completion to be completed within the Contract Time and also agree to stipulate that Owner’s
loss in the case
of any such default will be deemed equal to the amounts set forth herein as liquidated
damages for the specific periods set forth in Section 4.4.1 above, which amounts both
parties agree are reasonable estimates of Owner’s actual damages in such event.


 


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4.4.3 Notwithstanding the provisions of this Section 4.4, the foregoing liquidated damages
shall not apply to or limit in any way any of Contractor’s obligations and covenants under
Section 11.8 hereof, including, without limitation, Contractor’s obligation to provide and
implement any Recovery Plan and/or take all available steps to overcome or mitigate against
the adverse effects of all delays identified by Owner.




4.4.4 Notwithstanding any other requirements set forth in this Agreement, in determining the
date of Substantial Completion for the purpose of imposing liquidated damages at set forth
above, “Substantial Completion” shall be achieved at the stage in the progress of the Work
when (a) the Work in its entirety, or a designated portion thereof which Owner agrees to
accept separately, is sufficiently complete in accordance with the Contract Documents and
all applicable Laws to enable Owner to obtain a temporary Certificate of Occupancy for the
Work, or such designated portion thereof, or if the Owner can utilize the Work for its
intended use, whichever is earlier.



	 	 	 	 	 	 	 
	  

	 	 

Contractor’s Initials
	 	 

Owner’s Initials
	 	  






ARTICLE V

PAYMENTS TO CONTRACTOR




In consideration of Contractor’s performance of the Work in full compliance with the Contract
Documents, Owner shall pay Contractor over the course of and in proportion to the Work completed as
follows:



5.1 Schedule of Values. Within twenty-one (21) calendar days after the Date of Commencement for
the Work, Contractor shall submit to Owner and Owner’s Lenders an initial “Schedule of Values” for
the Work, allocating values among all categories or portions of the Work. The Schedule of Values
shall be prepared in such form and supported by data to substantiate its accuracy to the extent as
Owner may require, shall be based upon the latest cost information available to Contractor, and
shall be subject to Owner’s approval which approval shall not be unreasonably delayed. By way of
example and not by limitation, the Schedule of Values should include and delineate: (a) each
subcontract and major component thereof; (b) each significant purchase order and the installation
costs for all procured materials and equipment, so that logical and realistic cost breakdowns are
established and set forth for all
facilities,



 


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phases, areas, trade disciplines, utility and electrical systems, FF&E items and major
components thereof. The Owner accepted Schedule of Values shall be used as a basis for the
Contractor’s Applications For Progress Payments described in Section 5.2 below. Owner shall have
the right to reject all or any portion of the Schedule of Values which Owner determines does not
accurately define the Work in reasonable detail, or if the detail provided does not accurately
reflect an appropriate cost, allocation or proportion of the Work. At any time and from time to
time if it reasonably appears to Owner that any aspect of the Schedule of Values is incomplete or
inaccurate, and following any Change Order or Construction Change Directive, the Schedule of Values
shall be adjusted by Contractor, in each case subject to Owner’s written approval, to reflect
accurately the values of the various portions of the Work.



5.2 Applications for Progress Payments.




5.2.1 Format of Applications




5.2.1.1 On or before the first (1st) day of each month, Contractor
shall submit to Owner and Owner’s Lenders an initial draft of Contractor’s
Application for Progress Payment for the previous month.




5.2.1.2 On or before the fifth (5th) day of each month, Contractor
shall submit to Owner and Owner’s Lenders a fully completed Application For Progress
Payment for the previous month in a format reasonably satisfactory to Owner and
supported by such documentation to verify entitlement as Owner and Owner’s Lenders
may reasonably require, and certified by Contractor as correct. Each Application for
Progress Payment shall be sequentially numbered, and shall clearly identify, itemize
and attribute all Costs of the Work in a manner which facilitates review by Owner.
Such Applications for Progress Payment may only request payment for Costs of the
Work actually incurred prior to the date of such Application for Progress Payment
and may not include requests for payment of amounts Contractor does not intend to
pay promptly to a Subcontractor or Vendor because of a dispute or other reason.
Contractor shall not submit more than one Application for Progress Payment per
month, unless otherwise requested by Owner. In addition, each Application for
Progress Payment shall separately identify and itemize the following:




	 	(a)	 	Work performed during such preceding calendar month.
	 
	 	(b)	 	Amounts due for Contractor’s initial scope of Work
satisfactorily completed during the preceding month as measured by the
Contractor’s direct and actual costs incurred in accordance with the Cost of
the Work described in Section 3.2 of this Agreement, a list of all bills for
supplies, materials, equipment, and fixtures incorporated in the Work
(in detail reasonably sufficient to allow Owner to determine where each item is
incorporated) and labor performed (in detail reasonably sufficient to allow
Owner to determine where and on what portion of the Work the labor was
performed, including, but not limited to, weekly labor payrolls with names,
dates, hours and rates) in connection with the Work, together with copies of the
actual bills to be paid.




 


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	 	(c)	 	For each category and portion of the Work as shown on the
Schedule of Values: (1) the amount requested on all previous Applications for
Progress Payment, (2) the amount requested on the current Application for
Progress Payment, and (3) the amount allocated to the Work yet to be completed.
	 
	 	(d)	 	The percentage completion of each portion of the Work as of the
end of the period covered by the Application for Progress Payment, shown as the
percentage obtained by dividing (a) the expense which has actually been
incurred by Contractor on account of that portion of the Work for which
Contractor has made or intends to make actual payment prior to the next
Application for Progress Payment, by (b) the amount allocated to that portion
of the Work in the Schedule of Values.
	 
	 	(e)	 	Amounts due which are attributable to the Contractor’s Fee
earned as a result of the completion of Contractor’s scope of Work during such
period covered by and included in the Application for Progress and approved by
Owner. Under no circumstances shall Contractor include in any Application for
Progress Payment, nor shall Owner be required to pay, an Application for
Progress Payment for funds to pay an amount in excess of the then applicable
pro rata portion of the Contractor’s Fee, using the ratio that the portion of
the Work then completed bears to the total Work (as determined by the total
Costs of the Work disbursed to date compared to the total approved Costs of the
Work amount on the Schedule of Values).
	 
	 	(f)	 	For all amounts due as the result of Change Orders and
Construction Change Directives, the Contractor shall make submittals for each
Change Order and Construction Change Directive.
	 
	 	(g)	 	Reflect Retainage in the amount provided for pursuant to
Section 5.6 of this Agreement.
	 
	 	(h)	 	Such additional information and documentation regarding the
progress of the Work as Owner or Owner’s Lenders may reasonably require.






5.2.2 Substantiation of Costs. Contractor shall support its Applications for Progress
Payment with relevant documentary evidence for cost verification purposes as Owner and
Owner’s Lenders may reasonably require. This obligation shall include providing Owner with
such supporting documentation as necessary to enable Owner to verify Costs of the Work
submitted pursuant to Section 3.2 of this Agreement, including any Costs of the Work
attributable to Change Orders or Construction Change Directives. To the extent requested by
Owner, this shall include
providing audit access to Contractor’s books and records to the extent described in
Article 19 of this Agreement. All blanks and columns in the Application for Progress Payment
must be completed. Except with Owner’s prior written consent pursuant to Sections 5.11 and
5.13 of this Agreement, Contractor shall not make advance payments to suppliers and shall
not be entitled to reimbursement for the cost of any equipment or materials which have not
been delivered and incorporated into the Project or stored at the Site.


 


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5.2.3 Additional Costs for Change Orders and Claims. Except for Construction Change
Directives which specify additional Costs of the Work are to be paid, or pursuant to an
Owner signed Change Order, Owner shall not have any obligation to pay any amounts to
Contractor or any Subcontractor or Vendor for work outside the scope of Contractor’s Work.




5.2.4 Lien Waivers. Each Application for Progress Payment shall include signed and
acknowledged (by a notary) Conditional Waivers and Releases of Lien Upon Progress Payment in
the form attached hereto as Exhibit H from Contractor and each Subcontractor, and each
Vendor with regard to Work that is covered on the Application for Progress or Final Payment,
and signed and acknowledged (by a notary) Unconditional Waivers and Releases of Liens Upon
Progress Payment in the form attached hereto as Exhibit I from Contractor and each
Subcontractor, and each Vendor with regard to Work that was covered by the immediately
preceding Application for Progress Payment. Owner’s receipt of such executed and
acknowledged waivers shall be a condition precedent to Owner’s obligation to pay any amounts
pertaining thereto. Notwithstanding the foregoing, and subject to all other terms of this
Agreement, to the extent Contractor fails to provide any of the foregoing waivers and
releases of lien when required (“Outstanding Releases”), Contractor shall provide to Owner’s
and Owner’s Lenders’ title insurers, from time to time upon Owner’s request and as a
condition to any progress or other payment to Contractor, such affidavits, indemnitee(s),
certificates and other instruments as such title insurers require to issue to Owner and
Owner’s Lenders, as a condition to any progress or other payment to Contractor, one or more
endorsements to their respective title insurance policies insuring the lien free status of
the Work and Site (Contractor’s failure to cause the title insurer to provide the required
endorsement(s) shall be a breach of this Agreement); provided, however, that at no time
shall the aggregate of all Outstanding Releases represent Work with an aggregate value in
excess of $1,000,000. In addition, Owner may at any time direct Contractor to submit an
affidavit that all payrolls, invoices for material and equipment, and other indebtedness
connected with the Work and associated with an Application For Progress Payment have been
paid.




5.2.5 Certificates. Each Application for Progress Payment (and for Final Payment)
shall include a “Contractor’s Certificate,” in form and substance identical to Exhibit J
attached to this Agreement, signed by Contractor.


 


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5.3 Time of Payments. Subject to the terms of the Contract Documents, Owner shall make to
Contractor progress payments properly due and undisputed based on an approved Application for
Progress Payment within twenty (20) calendar days after receipt of such fully completed
Applications For Progress Payment which are submitted along with all requirements under Section 5.2
above, and substantiated in accordance with Subsection 5.2.2 above, and otherwise reasonably
satisfactory to and approved by Owner and Owner’s Lenders, less any amounts that may be retained or
withheld pursuant to the Contract Documents.



5.4 Owner’s Right To Withhold. Notwithstanding anything to the contrary herein, and in addition
to Retainage, Owner may, upon written notice to Contractor, withhold from any payments otherwise
due to the Contractor (including Final Payment), up to one hundred percent (100%) of the amount
which, in Owner’s reasonable opinion, is necessary to protect Owner against or compensate Owner for
any and all damages, costs, lawsuits claims, overpayments, expenses and losses attributable to any
of the items or circumstances listed below in this Section 5.4, including, to cure any breach,
default or failure to perform, or to assure the payment of claims of third persons, and at Owner’s
option to apply such sums in such manner as Owner may in good faith deem necessary or proper to
secure protection from or to satisfy such claims, Owner shall not be deemed in default by reason of
withholding payment under this Agreement in good faith. Contractor shall not be entitled to receive
payment on any Application for Progress Payment that is inaccurate or incomplete or that contains
any material misrepresentation. The rights and remedies of Owner under this Section 5.4 shall be
non-exclusive and shall be in addition to all other remedies available to Owner under this
Agreement or at law, in equity or otherwise. Notwithstanding any language in this Section 5.4 or
elsewhere in this Agreement, the Owner shall consider the existence of insurance, retainage, bonds
or other protections available to it when making the decision to withhold payment.




5.4.1 The overall percentage of Work satisfactorily completed by Contractor and each
relevant Subcontractor and/or Vendor (determined by comparing the amount of Work
satisfactorily completed to the total amount of Work to be completed), is less than the
overall percentage of payments determined by comparing (i) the sum of (a) all amounts
previously paid by Owner; and (b) the pending invoice to be paid, to (ii) the total amount
of the Cost of the Work within the Guaranteed Maximum Price.




5.4.2 Contractor’s failure to perform the Work in accordance with the Contract Documents,
including, without limitation, failing to comply with any applicable Laws, except as
specifically
excluded in Article VII, failure to submit or carry out Recovery Plans in accordance with
Section 11.8 of this Agreement, and/or failure to maintain insurance in compliance with the
requirements of this Agreement.


 


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5.4.3 Defective Work not remedied in a timely manner after receipt of notice from Owner
during the course of the Work or during the Warranty Period, as applicable. If any Work
inspected by Owner is not to Owner’s reasonable satisfaction in accordance with the Contract
Documents, a condition of any additional payments to Contractor shall be the correction of
any such unsatisfactory Work to Owner’s reasonable satisfaction in accordance with the
Contract Documents.




5.4.4 Reasonable evidence of the failure by Contractor to make timely or properly due
payments to Subcontractors or Vendors.




5.4.5 Contractor’s failure to submit lien waivers as required pursuant to Subsection 5.2.4
above.




5.4.6 The filing by Contractor or any Subcontractor or Vendor of mechanic’s liens or other
claims relating to the Work against Owner, the premises of Owner, the Project and/or the
Site, or the making or filing of any claim by any other party arising out of or relating to
the Work or acts or omissions of Contractor, any Subcontractor or any other person for whose
acts Contractor is responsible or liable at law or under the Contract Documents, except for
those liens filed as a result of Owner’s failure to make payment when due to Contractor
under the Contract.




5.4.7 Contractor’s failure expeditiously to remove mechanic’s liens filed against the
premises of Owner and/or the Site by Contractor or any Subcontractor or Vendor, except for
those liens filed as a result of Owner’s failure to make payment when due to Contractor
under the Contract.




5.4.8 The existence of Work, including Punch List Items, not fully completed or corrected
after either Substantial or Final Completion.




5.4.9 Any failure by the Contractor to provide timely access to the Contractor’s books and
records for audit purposes to the extent described in Article 19 of this Agreement.




5.4.10 Any failure by Contractor to provide the Schedule Updates as required by Article 11
of this Agreement or failure to submit Applications For Progress Payments consistent with
the Schedule of Values.


 


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5.4.11 Owner’s or Owner’s Lenders’ good faith belief based on reasonable evidence that the
Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price.




5.4.12 Regarding any particular portion of the Work as shown on the Schedule of Values, any
amount requested that is attributable to a portion of the Work not actually completed.




5.4.13 Owner’s or Owner’s Lenders’ good faith belief based on reasonable evidence that the
Work will not be completed within the Contract Time.




5.4.14 Damage to property or Work or injury to persons attributable to the acts or omissions
of Contractor, any Subcontractor or any person for whose acts or omissions Contractor is
responsible or liable at law or under the Contract Documents.




5.4.15 Deviations from the Contract Documents other than those approved or permitted in
accordance with the Agreement without an applicable Change Order or Construction Change
Directive.




5.4.16 Any material breach or default or failure to perform by Contractor under the Contract
Documents, including without limitation failure to maintain any required insurance, or any
material inaccuracy in any of Contractor’s representations or warranties.




5.4.17 A determination by Owner to nullify in whole or in part a prior approval of an
Application for Progress Payment and/or prior payment made, because of subsequently
discovered evidence or subsequent observations which otherwise would allow Owner to withhold
pursuant to this Section 5.4 or elsewhere in the Contract Documents.




5.4.18 Owner’s Lenders’ inability (if not the fault of Owner) to obtain (1) one or more
title insurance endorsements to the Owner’s Lender’s title policy, showing no intervening or
other liens, lien rights or encumbrances upon the Site or any improvements relating to the
whole or any portion of the Work prior to any Lender Liens (as defined in Section 24.2 of
this Agreement), other than those approved in writing by Owner’s Lender, and insuring the
full amount of the disbursement and its priority satisfactory to Owner and Owner’s Lenders,
or (2) a satisfactory report under the Missouri Uniform Commercial Code showing no liens or
interests (other than those of Owner’s Lenders) relating to the whole or any portion of the
Work, including, without limitation, any improvements; or any failure of Contractor or any
Subcontractor to comply with Section 24.2 of this Agreement.




5.4.19 Contractor’s failure to obtain, comply with and keep valid and in full force, and
deliver copies to Owner of, all approvals, permits, certifications, consents and licenses of
governmental
authorities or other parties having jurisdiction over the Site, the Project or the Work or
contractual rights to approve or inspect any of the foregoing which are necessary at the
stage of construction and/or otherwise existing and required to be complied with or
satisfied when such disbursement to Contractor is to be made to enable Final Completion on
or before the Contract Time.


 


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5.4.20 It shall be a condition precedent to all payments to Contractor following the date
that certificates of occupancy (or any other equivalent permits required for occupancy and
use) are obtainable for the whole or any part of the Project prior to Final Completion, that
Contractor obtain and deliver to Owner all such permits when they are first available to be
obtained (unless due to the fault of Owner such certificates are not obtainable).




5.4.21 Encroachments by any part of the Work being constructed on the Site outside the
boundaries of the Site.




5.4.22 An order or statement shall have been made by or received from any governmental,
administrative or regulatory authority or agency stating that the whole or any part of the
Work, and/or any proposed change thereto, for which Contractor or any Subcontractor is
responsible or which relates to Contractor’s or any Subcontractor’s activities is in
violation of any Laws (as defined in Section 7.2 hereof), unless such order or statement has
been timely corrected to the satisfaction of both the applicable governmental agency and
Owner and evidence of such timely correction shall have been provided to Owner in form and
substance satisfactory to Owner.




5.4.23 Contractor’s failure to comply with the requirements of Section 5.13 of this
Agreement relating to off-Site materials.



5.5 Joint Payee Checks. Owner shall have the right at any time and from time to time upon notice
to Contractor, to issue one or more checks for portions of a progress payment and Final Payment
which are payable jointly to Contractor and its Subcontractors or Vendors of any tier or the
parties owed. This right includes, but is not limited to, issuing jointly payable checks in
circumstances where a dispute exists between Owner and Contractor with respect to the value of any
partially or fully completed Work, including disputed Change Proposal Requests and Claims, and
circumstances where Contractor has failed to provide lien waiver documents as required herein. Any
such checks are forwarded to Contractor for further handling. Without limiting the generality of
the foregoing, if Contractor fails, neglects, or refuses to pay for labor or services performed or
materials or equipment supplied in connection with the Work as payments become due, except as are
permitted under the Contract Documents, Owner shall have the right (but not the obligation) to make
payments directly for any and all such labor, materials, or equipment and to deduct the amount of
such payment from any payments otherwise due Contractor and from the Guaranteed Maximum Price.
Owner shall have the right upon five (5) days prior written notice to stop the
performance of the Work by Contractor until payment of all amounts due and owing has been made,
provided, however, Owner shall not have any duty to stop the Work.


 


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5.6 Retention. From each Progress Payment made by Owner on an approved Application for Progress
Payment, Owner shall retain and withhold as “Retainage,” ten percent (10%) of the approved amounts
to be paid to all Subcontractors (whether through Contractor or directly) and five percent (5%) of
the approved amounts to be paid to Contractor for self-performed Work. Notwithstanding the
foregoing, no Retainage shall apply to (a) Contractor’s Fee, (b) premiums for Contractor’s Payment
and Performance Bonds required of Contractor pursuant to the Contract, or (c) approved amounts to
be paid to Contractor for Contractor’s direct Costs of the Work (exclusive of amounts to be paid to
Subcontractors directly or through Contractor). All such Retainage shall be released as part of the
Final Payment to Contractor. After fifty percent (50%) of the scope of the Work has been
satisfactorily completed, Owner may elect to reduce the level of Retainage withholding in the event
that Owner, in its sole discretion, determines that Contractor, its Subcontractors and/or Vendors
are satisfactorily performing the Work in accordance with the Contract Documents, including but not
limited to, achieving Interim Milestones Dates.



5.7 Substantial Completion Payment. Payment by Owner upon Substantial Completion shall be in
consideration of Contractor’s unconditional covenant and agreement to complete all final Punch List
Items. Owner may retain a sum equal to one hundred and fifty percent (150%) of the costs estimated
by Owner necessary to complete any such Punch List Items. Thereafter, Owner shall pay to the
Contractor monthly the amounts retained for such Punch List Items to the extent that each Punch
List Item is satisfactorily completed by Contractor and accepted by Owner.



5.8 Final Payment. Contractor’s “Application For Final Payment” shall be submitted in accordance
with the following:




5.8.1 “Final Payment” shall mean the payment to Contractor of all amounts due and owing and
remaining to be paid to Contractor under the Contract Documents, including any Retainage,
based on Contractor’s Application for Final Payment and Owner’s Certificate of Final
Completion. Final Payment shall not be due, and Contractor’s Application for Final Payment
shall not be considered, until the Contractor completes all of the Work in accordance with
the Contract Documents including all prerequisites for a Certificate of Final Completion
pursuant to Section 12.2 of this Agreement.




5.8.2 Owner will have no obligation to make the Final Payment as long as any unresolved
mechanic’s liens or claims exist relating to Owner’s property, the Site or the Project,
regardless of whether such liens or claims are filed or made by Contractor, any
Subcontractor or Vendor or any other party relating to the Work; unless and until as
directed by Owner, Contractor obtains and
records appropriate lien releases acceptable to Owner and Owner’s Lenders, or provides Owner
and Owner’s Lenders with indemnitee(s) acceptable to Owner and Owner’s Lenders and/or bonds
around any mechanic’s lien in a manner acceptable to Owner and Owner’s Lenders, all in
accordance with Section 7.19 hereof.


 


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5.8.3 The Application For Final Payment shall include a statement of all unresolved Claims
as defined in Article 20 of this Agreement (and for which payment has been and/or shall be
withheld by Owner). Contractor shall separately list by Claim number the specific dollar
amounts which have previously been submitted as Claims by Contractor in good faith and in
full compliance by Contractor with this Agreement.




5.8.4 Except for such unresolved Claims stated in specific dollar amounts which have been
previously filed by Contractor in good faith and in full compliance with this Agreement, the
submittal by Contractor of its Application For Final Payment shall constitute a final and
irrevocable release and waiver by Contractor of any and all other Claims and causes of
action for additional costs allowable under the Contract Documents. This shall include, but
not be limited to, any and all claims for additional amounts relating to the Unresolved
Claims so identified by Contractor and Claims or potential claims of Subcontractors and
Vendors arising out of this Contract, whether or not any such Claims or potential Claims
arise in contract or in tort or were known or unknown at the time of submittal of the
Application For Final Payment.




5.8.5 Upon Owner’s concurrence that all conditions listed in Section 12.2 of this Agreement
have been fulfilled and that the balance set forth in the Application For Final Payment is
due and payable, Owner shall make Final Payment to Contractor in accordance with Section 5.3
of this Agreement.




5.8.6 Final Payment shall not relieve Contractor of any warranty obligations (including,
without limitation, warranty obligations) contained in the Contract Documents or at law.




5.8.7 The making of Final Payment by Owner shall constitute Owners acceptance of the Work
and shall be a waiver of Claims by Owner under the Contract Documents, except to the extent
of any conditions or reservations and/or Claims set forth in writing by Owner at or prior to
the time of Final Payment, and except to the extent of any claims relating to any of the
following, whether known or unknown at the time of Final Payment (i) any liens or
encumbrances, (ii) any matter for which Contractor or any Subcontractor or Vendor is liable
or responsible at law, (iii) any obligations or liability relating to Contractor’s
warranties provided in the Contract Documents (including Contractor’s obligations under
Article 10 hereof), (iv) Contractor’s representations, warranties and obligations under
Sections 3.4, 3.6, 7.2 (a)&(g), 7.2.1, 7.2.11, 7.2.12, 7.20,
13.2.3, 14.1.1, 14.2, 14.3 (last sentence), 14.4, 16.2, 24.7, and Articles 19 and 23 of this
Agreement, (v) failure of the Work to comply with the Contract Documents, or (vi) any breach
or inaccuracy of any of Contractor’s representations or warranties under the Contract
Documents, any Contractor Certificate or under any affidavit, certificate or other
instrument or document provided to Owner or any of Owner’s Lenders.


 


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5.9 Disputed Payments. When the reason(s) for withholding payment are removed to Owner’s
reasonable satisfaction, Owner will pay such previously withheld amounts (less amounts properly
withheld or retained) with the next regularly scheduled payment. In the event of a dispute with
respect to amounts payable under an Application For Progress Payment or the Final Payment, Owner
shall pay all undisputed amounts. If Contractor disputes any determination by Owner with regard to
any Application for Progress Payment or any withheld amounts, Contractor shall nevertheless
expeditiously continue to prosecute the Work. Any amounts in dispute and withheld by Owner shall be
promptly paid after the earlier of: (a) settlement of the dispute by execution of a final Change
Order document; or (b) final resolution of the dispute pursuant to Article 22 of this Agreement.
The payment of any undisputed amounts shall not waive or otherwise limit Owner’s rights as set
forth in this Agreement, including, but not limited to, in Article 19 below. Notwithstanding
anything to the contrary, Contractor shall receive payment promptly once the reasons for
withholding payment are removed.



5.10 Ownership of Materials. All material and work covered by progress payments made shall upon
such payment become the sole property of Owner, however the Contractor shall not be relieved from
the risk of loss and responsibility for all material and Work upon which payments have been made or
the restoration of any damaged Work (Contractor’s risk of loss, however, shall be subject to the
terms and provisions of the OCIP). Contractor represents and warrants to Owner that (i) title to
all of the Work, materials and equipment covered by any Application for Progress Payment will pass
to Owner upon the earlier of incorporation in the Work or receipt of payment by Contractor, and
such title shall be free and clear of all liens, claims, security interests or encumbrances;
(ii) the vesting of such title shall not impose any obligations on Owner or relieve Contractor of
any of its obligations under the Contract Documents; (iii) Contractor shall remain responsible for
damage to or loss of the Work, whether completed or under construction, until responsibility for
the Work has been accepted by Owner in the manner set forth in this Agreement (Contractor’s risk of
loss, however, shall be subject to the terms and provisions of the OCIP); and (iv) no Work covered
by an Application for Progress Payment and no material or equipment incorporated in the Work will
have been acquired or incorporated into the Work, subject to an agreement under which an interest
in the Work or an encumbrance on the Work is retained by the seller or otherwise imposed by
Contractor or such other person.




 


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5.11 Deposits and Payments. If any deposits are required for the purchase of any materials, such
deposits will be specifically identified by category and credited against amounts as billed in that
category.
Contractor agrees to receive and hold all payments to it by Owner as trust funds to be applied only
to the payment of Costs of the Work and then to the payment of the Contractor’s Fee. Contractor
will promptly upon written request from Owner, account for any and all funds theretofore received
by Contractor from Owner. Contractor agrees to arrange to purchase such materials or equipment in
advance of the time for installation in the Project as are deemed advisable by Owner or Contractor,
provided such purchases in excess of $50,000.00 are approved by Owner and Owner’s Lenders. Upon
payment to Contractor of approved deposit amounts, Contractor shall provide Owner with an
assignment of Contractor’s rights relating to such deposit made and agreement for purchase of such
item.



5.12 Waiver. Owner’s allowance or payment of any item pursuant to any Application for Progress
Payment or otherwise shall not constitute approval of the Work or the Application for Progress
Payment, or result in Owner’s waiver of any claims, all of Owner’s rights being specifically
reserved, and no such payments shall operate as an admission on the part of Owner as to the
propriety or accuracy of any amounts on such Application for Progress or Final Payment (except
Final Payment shall constitute a waiver by Owner only to the extent provided in Section 5.8.7
hereof). A progress payment, or partial or entire use or occupancy of the Project by Owner shall
not constitute acceptance of Work not in accordance with the Contract Documents. Owner shall not be
bound by any entries in previous Applications for Progress Payment and shall be permitted to make
corrections for errors therein. Owner’s Final Contractor’s Fee installment payment and Final
Payment shall in no way relieve Contractor of any obligations or responsibilities under the
Construction Documents which extend beyond the date of such payment.



5.13 Materials Off-Site. All materials which are the subject of an Application for Progress
Payment (or Application for Final Payment, if applicable) shall be stored at all times at the
Project, in a bonded warehouse or such other secured facility satisfactory to Owner and Owner’s
Lenders, or at the premises of the manufacturer or fabricator (in which event the materials shall
be appropriately marked and identified with the applicable purchase contract and physically
segregated in an area with access to a public street), until the materials are incorporated into
the Project; provided that if the materials are stored with the manufacturer or fabricator, Owner
must receive evidence satisfactory to Owner of the creditworthiness of the manufacturer or
fabricator and/or Contractor shall procure and deliver or cause to be procured and delivered to
Owner such dual obligee performance and labor and material payment bond or bonds, in form,
substance and amount satisfactory to Owner and Owner’s Lenders, as Owner and Owner’s Lenders may
require. Furthermore, Contractor shall:




5.13.1.1 use the materials only for construction of the Project, and not make any
transfer thereof or permit any lien to attach thereto which could materially impair the
ability of Owner to use the materials for such purpose;


 


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5.13.1.2 take or cause to be taken all actions necessary to maintain, preserve and
protect the materials and keep them in good condition and repair, and to comply with all
laws, regulations and ordinances relating to the ownership, storage or use of the materials;




5.13.1.3 cause to be delivered to Owner any applicable bailee waivers where such bailee
rights exists, and the original warehouse receipt covering any stored materials, and ensure
that such stored materials have been stored in such a way as to eliminate the possibility
that they will be commingled with other materials or projects; and




5.13.1.4 if Contractor shall fail to perform any of its obligations under this
Section 5.13 after Owner has made payment to Contractor for the materials, Owner or Owner’s
Lender may, but shall not be obligated to, take such actions and expend such sums as are
necessary in Owner’s judgment to protect and preserve Owner’s Lenders’ security interest in
such materials, and all such expenditures so incurred (including, without limitation,
attorneys’ fees and disbursements) shall be repayable by Contractor promptly on demand and
shall be Non-Allowable Costs of the Work.



ARTICLE VI

OWNER’S RESPONSIBILITIES




6.1 Information and Services. Owner shall, at such times as are reasonably required for the
successful and expeditious completion of the Work, provide Contractor with information and services
at Owner’s expense as follows:




6.1.1 Purchase and deliver to Contractor in accordance with the Project Schedule (and after
timely and due notice from Contractor to Owner of a schedule of delivery dates for such
items), the material and equipment to be provided by Owner for installation by the
Contractor;




6.1.2 Owner has already provided to Contractor surveys describing physical characteristics
of the Site including the location of known utility pipelines and wiring conduits; and Owner
will continue to provide Contractor with copies of subsequent surveys of the Site as they
become available;




6.1.3 Pay for (a) utility connection fees, and (b) alterations to existing structures at the
Site required by governmental authorities as a pre-condition of issuing building permits for
the Work;




6.1.4 To the extent described in Section 7.11.2 below, pay for on-Site and off-Site testing,
inspections and approvals specifically required for the Work by applicable Laws;


 


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6.1.5 Pay for all Major Permits for the Work (though it is Contractor’s obligation to
obtain, so long as owner pays for such Major Permits) subject to Section 1.12 hereof;




6.1.6 Pay for all necessary construction utilities at the Site; and




6.1.7 Pay all real property taxes assessed against the Work.



6.2 Limitations. Contractor may rely on the accuracy of information on the Site and local
conditions affecting the Site and any and all other information, reports, studies, surveys and
materials provided by Owner pursuant to Section 6.1.2 above or otherwise Nothing in this Section
shall relieve the Contractor of its obligation to exercise proper care and due diligence in
accordance with the terms of this Agreement including, but not limited to, Article XIII hereof.



6.3 Project Representative. Owner has designated Cliff Kortman, President, Design and
Construction as its “Project Representative” to be Owner’s authorized representative to provide
approvals and directives necessary for the day-to-day administration of the Project, including the
Work. Contractor acknowledges and confirms that no apparent authority, agency or similar claims may
be made by Contractor with respect to any approval, authorization, order or decision given or made
from and after the execution date of this Agreement by any purported representative or employee of
Owner other than either of Owner’s Project Representatives in writing (or such other individual
authorized in writing by Owner), and all such claims are hereby waived by Contractor.



6.4 Approval of Major Purchases. Notwithstanding anything in the Contract Documents which may
indicate otherwise, all purchase orders in excess of $250,000.00 for the supply by Contractor of
materials and equipment specified in the Contract Documents for incorporation into the Work shall
require the prior written approval of Owner.



6.5 Site Access. Owner, Owner’s Lenders, Architect and any party designated in writing by Owner
shall at all times have, and Contractor shall provide, complete and unfettered access to the Site
and the Work in progress and preparation wherever located at all times for any and all purposes as
Owner and/or Owner’s Lenders may desire. Visits to the Site or observations of the Work by Owner,
Architect, any party designated by Owner, Owner’s representatives or contractors, or Owner’s
Lenders shall in no way relieve Contractor from its obligations to carry out the Work in accordance
with the Contract Documents. Subject to the terms of the Contract Documents, Owner and Owner’s
other contractors shall work without causing labor disharmony, coordination difficulties, delays,
disruptions or interferences with Contractor, Subcontractors and Vendors.


 


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6.6 Payments. Owner shall timely make payment to Contractor of amounts properly due Contractor
under and subject to (including Owner’s right to offset and withhold as provided in) the Contract
Documents.



6.7 Proof of Funding. Upon Contractor’s request, and subject to availability to Owner and the
rights of Owner’s Lenders, Owner will provide to Contractor a copy of the loan documentation
between Owner and Owner’s Lenders relating to the provision and disbursement of funds to Owner for
its obligations under this Contract (excluding therefrom information deemed proprietary or
confidential by Owner or Owner’s Lenders).



6.8 Good Faith. Owner shall use good faith in performing its obligations under the Contract
Documents, and shall not unreasonably delay its review of and/or response to matters requiring
Owner’s review and/or response under the Contract Documents.



6.9 Timely Delivery of Drawings. Owner acknowledges and agrees that to maintain the Project
Schedule and the Guaranteed Maximum Price, subject to any allowed extensions and/or increases, the
Drawings and Specifications need to be consistent with the Guaranteed Maximum Price Premises and
Assumptions and delivered by Owner within the terms required in the Project Schedule. The Drawings
and Specifications are listed in Exhibit “E”.



ARTICLE VII

CONTRACTOR’S RESPONSIBILITIES




7.1 Contractor’s Specific Representations. By entering into this Contract, Contractor undertakes
to furnish its best skill and judgment and to cooperate with Owner in furthering the best interests
of Owner, the Work and the Project, and shall use good faith in performing its obligations under
the Contract Documents. By entering into this Contract, Owner is relying upon the specific
undertakings, representations and warranties of the Contractor in favor of Owner as follows, and
Contractor hereby represents, warrants and covenants to Owner that:




7.1.1 Contractor and all Subcontractors are duly authorized and have the necessary
license(s) to practice and perform all Work in this jurisdiction and will remain so licensed
at all times relevant to the Work and Project. Contractor shall produce such license(s) to
the Owner upon request, and Contractor shall be responsible to obtain copies of such
license(s) from all Subcontractors prior to allowing them to perform Work on Site.
Contractor has substantial experience in performing major projects with scopes of work
similar to the Work defined herein, is familiar with the activities of the
governmental bodies having authority over the Project and



 


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has expertise and experience
managing Subcontractors on projects of similar scope within the St.
Louis, Missouri area. Contractor also represents that such experience includes performing major projects with
stringent time constraints and where construction begins before all drawings and
specifications have been issued for construction purposes, as is the case with the Work and
Project. The standard by which Contractor shall be judged in its performance of this
Agreement and its exercise of judgment hereunder shall be that of a contractor with the
highest level of skill, experience and expertise for the planning and construction of a
first class luxury resort and casino in St. Louis, Missouri including the foregoing
qualifications and consistent with such other Contractor representations, warranties and
covenants contained in the Contract Documents.




7.1.2 All of Contractor’s management and Site supervisory personnel listed in Exhibit C
attached to this Agreement shall remain until Substantial Completion committed to and
available for full-time assignments devoted to the Work unless otherwise specifically noted
in Exhibit C attached to this Agreement or as agreed upon by Owner (subject to Contractor’s
right to terminate the employment of personnel for cause in the ordinary course of
business).




7.1.3 Contractor has examined and will continue to examine all Contract Documents provided
by Owner and the Architect pertaining to the Work and the Site. Contractor accepts the lack
of completeness of such documents, including the Drawings and Specifications, except to the
extent otherwise reasonably and promptly noted in writing to Owner in accordance with
Section 7.3 hereof as to any specific concerns about incompleteness and consistent with
Contractor’s obligations and representations in this Agreement so long as any such Drawings
and Specifications delivered after the Effective Date are (a) delivered timely in accordance
with the Project Schedule and (b) in substantial conformance with the Guaranteed Maximum
Price Premises and Assumptions. Contractor also represents that the Guaranteed Maximum Price
Premises and Assumptions were sufficiently detailed and comprehensive to enable Contractor
to have reliably estimated and established its Guaranteed Maximum Price set forth in
Article 3 of this Agreement. Subject to the provisions of this Agreement, Contractor further
agrees that all Work shall be performed within the Guaranteed Maximum Price and within the
Contract Time set forth in Article 4 of this Agreement, notwithstanding that the Contract
Documents, including the Drawings and Specifications, are not complete in every detail and
are still being developed.




 


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7.1.4 Contractor has had ample time to and has visited and examined the Site and has
reviewed the physical conditions affecting the Work, and will continue to do all of the
foregoing, and, subject to the provisions of Article 13 hereof, is familiar with all of the
conditions on, under, and affecting the Site, as Contractor deemed necessary or desirable
based on Contractor’s skill, experience and knowledge and the scope of the Work and terms of
the Contract Documents.
 Contractor has verified field conditions, and carefully and fully compared such field
conditions, Site observations and other information known to Contractor with the Contract
Documents (including the requirements thereof) and has not found any omissions, errors or
discrepancies and has satisfied and will continue to satisfy itself as to: (a) access
thereto; (b) the location of all utility pipelines and wiring conduits which can be
ascertained through Site visits or by any documents which are provided by Owner; (c) the
type of equipment and facilities needed before and during prosecution of the Work; (d) the
general and local labor and weather conditions and availability of materials and equipment
under which the Work is to be performed; (e) the presence of construction hazards, if any;
(f) the nature, location, and character of the Work and the Site, including, without
limitation, all improvements and obstructions on and under the Site both natural and
man-made; and (g) all other matters which may affect the Contractor’s means, methods,
techniques and procedures necessary to construct the Work in strict accordance with the
Contract Documents and otherwise fulfill its obligations under the Contract Documents,
including but not limited to its obligation to complete the Work for an amount not in excess
of the Guaranteed Maximum Price on or before the Contract Time. Any condition at the Site,
whether or not consistent with conditions shown or called for on the Contract Documents,
shall not be allowed as a basis for claims for extra compensation or extensions of time,
except as otherwise specifically provided for in Article 13 below, notwithstanding any
statements or representations by Owner or any party on behalf of Owner, oral or written,
with respect to the conditions of the Site or improvements thereon, or regarding the
completeness, correctness, or adequacy of any Contract Documents, except to the extent
provided in Section 7.1.3 hereof.




7.1.5 Prior to commencing its procurement and construction activities, Contractor shall
further verify at the Site all measurements and levels necessary for proper construction of
the Work, including the fabrication, assembly and installation of materials and equipment to
be incorporated into the Work and shall further carefully compare such verified field
measurements and conditions with the requirements of the Contract Documents.




7.1.6 The Contractor is not required to ascertain that the Contract Documents are in
accordance with applicable laws, consents, ordinances, mitigation measures, codes, rules,
directives, orders, permits, statutes, and regulations, whether federal, State or local, and
whether governmental or public administrative (collectively, “Laws”); however, if the
Contractor observes any failure of the Contract Documents to conform with applicable Laws ),
Contractor shall immediately notify Owner in writing and identify any such discrepancies and
obtain written instructions from Owner before proceeding with any part of the Work affected
thereby. If the Contractor performs Work that it knows to be contrary to Laws, the
Contractor shall assume full responsibility for such Work and shall bear the costs
(including loss and damage due to delays) of correction, repair and replacement attributable
thereto as Non-Allowable Costs of the Work.


 


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7.1.7 If Contractor discovers or otherwise becomes aware of any errors, discrepancies,
omissions, duplications or conflicts in the Contract Documents at any time during the course
of the Work, Contractor shall immediately notify Owner in writing and obtain written
instructions from Owner before proceeding with any part of the Work affected thereby. If the
Contractor performs any Work relating to any such errors, discrepancies, omissions,
duplications in the Contract Documents, Contractor shall bear all costs of correction and
adverse scheduling impacts attributable thereto as Non-Allowable Costs of the Work.




7.1.8 Contractor will not engage in, nor commit its personnel to engage in, any other
projects while performing Work on the Project to any extent that such other projects may
materially and adversely affect the quality or efficiency of the Work required to be
performed by Contractor in connection with this Project or which will otherwise be
detrimental to the carrying on and completion of this Project.



7.2 General Description. Contractor covenants and agrees that Contractor’s Work and all Work
performed by any Subcontractor or Vendor shall be carried out: (a) with a proper supply of labor,
materials and equipment; (b) in full compliance with the requirements contained in, indicated on
and reasonably inferable from the Contract Documents (subject to Section 2.1) given Contractor’s
status as a contractor experienced with construction projects similar in size and complexity to the
Work, (c) in full compliance with all applicable laws, consents, ordinances, mitigation measures,
codes, rules, directives, orders, permits, statutes, and regulations, whether federal, State or
local, and whether governmental or public administrative (collectively, “Laws”), subject to the
limitation related to the Contract Documents set forth in Section 7.1.6; (d) diligently and in the
best manner to assure completion on or before the Guaranteed Date of Substantial Completion, (e) in
full compliance with the “Technical Studies and Reports” set forth on Exhibit K attached to this
Agreement, (f) by qualified design professionals where applicable, and (g) in full compliance with
the terms of the OCIP (as defined in Section 15.1 of this Agreement) and any other insurance
applicable to the Work. The term Laws shall also include, without limitation, those specific
permits, approvals and entitlements set forth on Exhibit L attached to this Agreement. As more
specifically set forth in Section 7.1.6 above, Contractor shall not be responsible for whether the
design aspects of the Drawings or Specifications conform to Laws applicable to the design aspects
of the Drawings or Specifications (including but not limited to ADA design requirements). Should
any governmental authority having jurisdiction over the Work mandate compliance with any changes to
applicable Laws or Laws that have been enacted after Work has commenced, Contractor shall, subject
to consultation with and written approval by Owner, construct the Work in accordance with such
applicable Laws, the cost of which will be a Modification. In fulfilling its responsibilities under
the Contract Documents, Contractor shall furnish, coordinate, manage and pay for all services and
personnel, labor, machinery, tools, materials, necessary to:




7.2.1 Cause the Work to be constructed in compliance with: (a) the latest approved Drawings
and Specifications for construction purposes; and (b) all applicable Laws (including all
changes in Laws as provided in Section 7.2 above), subject to the limitation related to the
Contract Documents set forth in Section 7.1.6;


 


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7.2.2 Provide at all times until Final Completion a sufficient and competent organization,
which shall include the skilled services of all senior managers, Site supervisors, qualified
scheduling personnel, superintendents, foremen, engineers, skilled and unskilled craft labor
and supervisors and all other personnel necessary or desirable to plan, prosecute and
construct the Work in accordance with the Contract Documents;




7.2.3 Provide the skilled services of buyers, expediters and other personnel necessary to
achieve the timely delivery and use of (a) all materials, supplies and equipment to be
incorporated into the Work by Contractor, Subcontractors and Vendors, and (b) all
construction machinery and equipment, tools and expendable construction materials and
supplies necessary or desirable for the Work;




7.2.4 Prepare and provide the Project Schedule and Schedule Updates for the Work in
accordance with Article 11 below;




7.2.5 Coordinate the schedules and operations of all Subcontractors and Vendors of every
tier and cooperate with Owner and Owner’s other contractors and consultants and Owner’s
Lenders so that the Contractor’s Work and the work of others will progress smoothly with a
minimum of disruptions and interference to any party;




7.2.6 Except as provided in Section 6.1.5 above, obtain and provide to Owner, and pay for
(as a Cost of the Work): (a) all Work-related authorizations, building permits, licenses and
approvals which are required by governmental authorities to be taken out in Owner’s name for
construction and completion of the Work or the Project, and (b) all temporary and final
Certificates of Occupancy;




7.2.7 Be responsible for protection of the Work, including all materials and equipment to be
utilized during the Work, from theft or damage or other harm, whether in transit or in
storage on-Site or off-Site, until Final Completion pursuant to Section 12.2 of this
Agreement;




7.2.8 Promptly notify Owner in writing of any errors, omissions or discrepancies discovered
by Contractor in the Contract Documents, including any observed failures to comply with
applicable Laws;


 


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7.2.9 Enforce strict discipline and good order among the employees of Contractor,
Subcontractors and Vendors while at the Site or otherwise performing this Contract;




7.2.10 Give all notices and secure all required certificates of inspection, testing or
approval necessary or incidental to the prosecution of the Work, for delivery to Owner;




7.2.11 Be responsible for and pay (as a Cost of the Work to the extent provided in
Section 3.4 hereof) all sales, use, gross receipts, social security, workers’ compensation
(except to the extent provided in the OCIP), unemployment and all other such taxes relating
to or arising out of the Contractor’s performance of the Work;




7.2.12 Provide Owner with the full benefit of all Vendor’s warranties applicable to all
equipment and materials furnished by the Contractor;




7.2.13 Maintain at the Site one record copy of all Drawings, Specifications and revisions
thereto, the Project Schedule, all Schedule Updates, all Change Orders and other
Modifications, approved material lists, brochures, technical data submissions and RFI’s, RFI
responses, submittals, Construction Change Directives, Samples, all correspondence and
transmittals pertaining to the Work and all other records relating to the status of all
Work-related materials, equipment and construction activities;




7.2.14 Provide Owner with three (3) complete sets of operating and maintenance manuals for
all equipment installed as part of the Work;




7.2.15 Provide Owner with as-built drawings (electronically when available and otherwise on
reproducible mylar) prior to Final Payment after the completion by each Subcontractor of
their respective portions of the Work, including at least one printed set with each
Subcontractor’s stamp and certification statement on such Drawing, as submitted, are true
and correct;




7.2.16 Copy Owner on all correspondence, memoranda and bulletins by Contractor to Architect,
consultants and public agencies and deliver to Owner on a current and up-to-date basis
copies of all written communications received from public agencies. Provide to all
Subcontractors (with concurrent written notice to Owner), and cause all Subcontractors to
provide, all notices required by applicable Laws relating to the Contract and/or Work,
including but not limited to notice of payments received. Copy Owner on all default, stop
work or termination notices sent to or received from Subcontractors at every tier, and any
others performing any Work;


 


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7.2.17 Contractor shall maintain records, in duplicate, of principal building layout lines,
elevations of the bottom of footings, floor levels and key site elevations certified by a
qualified surveyor or professional engineer to Owner’s and Owner’s Lender’s satisfaction;
and




7.2.18 William G. Yates, III and Chet Nadolski are each acting alone authorized to act on
behalf of Contractor with regard to the Work and Contract Documents, and are the
individuals, acting alone or together, with whom Owner may consult at all reasonable times,
and the instructions, requests and decisions of either of said individuals, acting alone,
will be binding upon Contractor as to all matters pertaining to this Contract and the
performance of the parties hereunder. The individuals who shall be responsible on behalf of
Contractor for supervising the Project are set forth on Contractor’s Personnel List attached
as Exhibit C to this Agreement. Except for reasons beyond its control, Contractor shall not
change the individuals designated on said Exhibit C during the term of this Agreement
without the prior written approval or direction of Owner. At least one Project
Superintendent shall be at the Site on a full-time basis and at all times while any Work is
being performed.



7.3 Preconstruction Services. Contractor shall as a Cost of the Work furnish, coordinate, manage
and pay for all services, personnel, labor, material, equipment, machinery and tools for the Work,
and shall:




7.3.1 Search for and timely recommend from time to time to Owner various value engineering
and other cost savings measures during the entire progress of the Work to reduce the Cost of
the Work to the fullest extent possible while maintaining the quality required by the
Contract Documents. Owner will then elect, in its sole discretion, whether or not to
implement such measures in connection with the Work.




7.3.2 Timely review designs with Owner and Architect, including, but not limited to, to the
extent applicable, architectural designs, structural, HVAC, plumbing, fire protection, power
and lighting, security systems and communications, interior designs, and vertical
transportation to assure compliance with the Guaranteed Maximum Price, Guaranteed Maximum
Price Premises and Assumptions, and Project requirements. Advise on the Site use and
improvements, selection of materials, Project and Site systems and equipment, improvements
to the Project and Site, call and security systems, and methods of Project delivery. Provide
recommendations on relative feasibility of construction methods, availability of materials
and labor, time requirements for procurement, installation and construction, integration
into existing Project and Site systems, and factors related to cost including, but not
limited to, costs of alternative designs or materials, preliminary budgets and possible
economics.


 


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7.3.3 Advise Owner in writing promptly upon discovery if, in the judgment of Contractor, the
issuance of architectural or engineering documents does not meet schedule requirements or if
the information provided on such documents is inadequate for the current purposes intended
or if requirements of such documents conflict with other documents issued or with existing
conditions on the Site. In any such event, Contractor will issue a Request for Information
(“RFI”) to the Architect (with a copy to Owner). Owner shall take all commercially
reasonable steps to cause its design professionals to respond to RFI’s in a timely manner so
as to prevent any delay to the Work.




7.3.4 Review the Contract Documents, as the same are being prepared and check the same
for (a) obvious conflicts, discrepancies and omissions, and (b) variations from customary
construction practices and methods which, in the opinion of Contractor, may cause
difficulties or occasion delay in the performance of the Work and timely advise Owner and
the Architect promptly, in writing, of any such observed problems. Coordinate Contract
Documents by consulting with Owner and the Architect regarding Drawings and Specifications
as they are being prepared, and recommending alternative solutions whenever design details
affect construction feasibility, cost or schedule. Timely advise Owner, using Contractor’s
professional skill and judgment, regarding any missing or incomplete aspects of the Project
scope.




7.3.5 Contractor also expressly acknowledges that this Project and the Work will proceed on
a “fast-track” method of construction, i.e., construction will commence without final
Drawings and Specifications in place. More specifically, while Drawings and Specifications
are complete for certain portions of Work, the design process will continue for other
portions during construction based on the Guaranteed Maximum Price Premises and Assumptions.
Contractor has been, and will continue to be, an active participant in the design process.
Given such participation, Contractor represents that it is familiar with the scope and
quality of those aspects of the Project which have not yet been fully designed, and has
taken such scope and quality matters into consideration in preparing each component of the
Guaranteed Maximum Price based on the Guaranteed Maximum Price Premises and Assumptions.
Contractor agrees to work with Owner and Architect and their consultants in the completion
of the design process and will provide prompt written notice to Owner in accordance with the
time periods contained in the Project Schedule, if any proposed Drawings, Specifications or
designs being prepared by Owner or Architect and provided to Contractor are not in
substantial compliance with the Guaranteed Maximum Price Premises and Assumptions, or if any
redesign or value engineering is necessary or advisable for certain aspects of the Project
at any stage of the design process in order to bring the cost of such Work within or below,
but not in excess of, the respective Allowance Amounts for the Allowance Items or the
budgeted or allocated amounts for other items contained in the Guaranteed Maximum Price.
Once the Drawings and Specifications are complete, it is recognized
by both parties, as more particularly set forth in Section 2.1, that the scope of the
Guaranteed Maximum Price may include Work not expressly indicated on the Contract Documents,
but which is reasonably inferable from the Contract Documents, and such Work shall be
performed without any increase in the Guaranteed Maximum Price or extension of Contract
Time, except if and to the extent otherwise expressly provided in this Agreement.


 


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7.3.6 In the event the Contractor is requested to provide Value Engineering or recommend
alternate materials or products due to budget considerations or any other reason, the Owner
shall rely on the Architect to determine the suitability of design, quality and value of
such Value Engineering or alternate products and materials recommended by the Construction
Manager. The Owner acknowledges the Contractor’s Value Engineering or alternate products
or materials recommendations is subject to the review and approval of the Owner and
Architect and such approval is strictly the Owner’s responsibility for which the Contractor
shall not be liable.



7.4 Systems and Procedures. Contractor shall develop, for Owner’s review and approval, and
implement a system and procedures for:




7.4.1 Reviewing its own Work and the Work of its Subcontractors and Vendors for defects and
deficiencies, including the preparation of all appropriate quality control documentation, to
assure that all such defects and deficiencies are discovered and corrected.




7.4.2 Reviewing, processing, recording and paying Subcontractors and Vendors which is fully
consistent with the requirements to be fulfilled by the Contractor pursuant to Article 9 of
this Agreement. Such procedures shall especially provide for strict adherence to all lien
waiver requirements for Subcontractors and Vendors as set forth in Article 9 of this
Agreement.




7.4.3 Preparing, reviewing and processing Change Orders which fully complies with Article 18
of this Agreement.




7.4.4 Evaluating all Change Proposal Requests and Claims submitted by Subcontractors or
Vendors for compliance with the requirements of the Contract Documents, recommending
resolutions and options to Owner in writing with respect to such Change Proposal Request and
Claims; and implementing of written Construction Change Directives and Change Orders issued
in accordance herewith.


 


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7.5 Schedule Meetings and Records. After execution of the Contract and prior to commencement of
the Work, Owner shall schedule a meeting with Contractor for the purpose of outlining and
clarifying the proposed Work, security and use of the Site, potentially difficult aspects of the
Work of which Owner is actually aware and responding to questions of those attending.




7.5.1 Contractor shall schedule and conduct pre-construction and construction progress
meetings at the Site on a regular basis (at least weekly) at which Owner, Architect,
Interior Designer, Contractor and Subcontractors may jointly discuss such matters as Work
procedures, progress, scheduling and coordination, and Owner’s Lender may attend. Contractor
shall be responsible for securing attendance of its Subcontractors, Vendors, suppliers and
other personnel as are required at such meetings. Contractor shall keep and distribute
timely in advance of the next meeting minutes of such meetings, including a list of the
action items, responsible parties and dates necessary to complete actions to enable the
Contractor to maintain the progress of the Work in accordance with the Project Schedule.




7.5.2 Contractor shall regularly monitor and provide to Owner and Owner’s Lenders written
reports on a monthly basis describing the status of the actual progress of the Work in
relation to the Project Schedule, in accordance with Article 11 below.




7.5.3 For purposes of Schedule Updates and requested changes in the Contract Time,
Contractor shall maintain daily logs which shall be available for Owner’s and Owner’s
Lenders review at any time during normal working hours, and which shall record the progress
of the Work.




7.5.4 Contractor shall also monthly provide to Owner and Owner’s Lenders, on the first day
of each month, an Anticipated Cost Report prepared by Contractor and containing detailed
information on pending Change Orders, contracts awarded and to be awarded, and similar
budget related items.



7.6 Contractor’s Operations. Contractor shall: (a) confine its operations at the Site to areas
designated by Owner; (b) not unreasonably encumber the Site or encumber areas in the vicinity of
the Site with materials, equipment or debris; (c) coordinate its activities with the Owner’s
Project Representative and Owner’s other contractors in advance; and (d) not block or hinder public
parking facilities without Owner’s prior written approval. To the extent reasonably possible,
Contractor shall preserve and protect all existing vegetation on or adjacent to the Site which is
not to be removed or required to be disturbed in the performance of the Work. Contractor shall be
solely responsible for all costs and expenses incurred as a result of failure to adhere to the
requirement of this Section (subject to Contractor’s right to use the Construction Contingency as
provided in Section 3.1.6 hereof, to the extent there remain funds therein and regardless of
whether any funds remain in the Construction Contingency, Contractor shall still be liable for such
damages, costs and expenses). Contractor shall make itself familiar with and use all best efforts
to protect all existing improvements and/or utilities at or near the Site from damage. Contractor
shall be solely responsible for repairing any such damage and for the related costs and expenses
(subject to Contractor’s right to use the Construction Contingency as provided in Section 3.1.6
hereof, to the extent there remain funds therein and regardless of whether any funds remain
in the Construction Contingency, Contractor shall still be liable for such damages, costs and
expenses). Neither Contractor nor any Subcontractor or Vendor shall post, erect or place on the
Site, the Work, Owner’s premises or the Project any sign, banner, billboard or display for
marketing, advertising, promotional or other similar reasons, and no trade names or other
identification shall appear on any item of the Work or at any place on the Project where such name
or identification will be seen by the general public, except as approved in writing by Owner.


 


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7.7 Site Discipline. Contractor shall employ, and require all Subcontractors and Vendors to
employ, only skilled workers properly qualified by experience and ability to perform the tasks
assigned to them. Contractor shall at all times be responsible for strict discipline and good order
among its employees, craft labor, agents and representatives as well as the employees, craft labor,
agents and representatives of its Subcontractors and Vendors while performing Work and all other
persons performing any Work. When requested by Owner, Contractor shall remove and shall not
re-assign to the Work any person who, in Owner’s reasonable opinion, is disorderly, insubordinate,
unsafe, unskilled, incompetent or otherwise unfit for tasks assigned to them.




7.7.1 At all times during performance of the Work on the Project, including during any
partial use or occupancy by Owner or others, Contractor shall, and shall cause all
Subcontractors and Vendors to, abide by each and all of the following requirements:




7.7.1.1 Access to the Project Work area by construction personnel shall be the most
inconspicuous route available, in order that the general public and the Owner’s
personnel are not inconvenienced. Access shall be arranged with Owner prior to
commencement of Work. Access to restricted and/or limited access areas required by
Work shall be coordinated with Owner.




7.7.1.2 Owner’s toilet facilities and the Project’s permanent toilet facilities are
not to be used by construction personnel.




7.7.1.3 During the FF&E and finish phase of construction, construction personnel are
not permitted to eat and smoke where materials are in place nor use tables and
chairs or other furniture that are part of the Project. During this phase of the
Project, Owner will designate appropriate places for eating.




7.7.1.4 Quiet and courtesy with respect to Owner’s employees and guests is
mandatory.




7.7.1.5 Use all best efforts to ensure that Contractor’s and all Subcontractors’
activities do not interfere with any Project and Site systems (i.e., electric,
elevator, plumbing, HVAC, etc.) necessary to maintain ongoing operations of the
Project and Site.


 


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7.7.1.6 Power outages, mechanical shutdown and so forth shall be carefully
coordinated with Owner. Contractor will provide Owner with two (2) full business
days, advance notice of any planned shutdowns of any basic Project or Site systems,
and will obtain Owner’s written approval prior to commencing any such shutdown.




7.7.1.7 All life safety systems requiring shut-down or tie-ins, in accordance with
the above clause 7.7.1.6, shall be coordinated with Owner and shall be performed at
such a time to minimize any effect of the safety, health and welfare of the
building’s occupants. At the conclusion of each work-day, all operable life safety
systems shall be energized and operative.




7.7.1.8 Contractor shall be responsible to Owner for acts and omissions of
Contractor’s employees and agents, Subcontractors and Vendors and their respective
agents and employees, and other persons performing portions of the Work under a
contract or arrangement with or under the direction of Contractor or with or under
the direction of any Subcontractor or Vendor. Except to the extent expressly
provided otherwise in this Agreement, Contractor shall not be relieved of its
obligation to perform the Work in accordance with the Contract Documents either by
activities or duties of Owner or Architect, or, by any request, approval or consent
of Owner or Architect, or by tests, inspections or approvals required or performed
by persons other than Contractor. Contractor shall require and ensure that each
Subcontractor and Vendor complies with all applicable requirements set forth in the
Contract Documents for Contractor. Except to the extent the Contract Documents
expressly provide otherwise, if any dispute arises between Owner, on the one hand,
and Contractor, on the other hand, unless Owner directs otherwise, Contractor shall
proceed with the performance of its obligations under the Contract with reservation
of all rights and remedies it may have under and subject to the terms of the
Contract Documents.



7.8 Site Security. In cooperation with Owner, Contractor shall develop and implement an
effective security program for protection of the Work in progress. Contractor shall secure, protect
and be responsible for (consistent with the terms of the OCIP), and shall provide all necessary or
desirable measures for security and protection at and on the Site and the Work, and of all
materials, supplies, tools and equipment and all other improvements and personal property at the
Site or in the vicinity of the Site, whether or not incorporated into the Work, including, but not
limited to, utilizing fences, gates, cameras, and patrols. Owner may elect to provide and/or
maintain security (including patrol guards) of its own choosing for the whole or portions of the
Work and/or Site and/or adjacent property, but Owner shall not have any obligation, responsibility
or liability of any kind to any party whether or not Owner arranges for any security. Such Owner
arranged or provided security shall in no event release Contractor from or
diminish any of Contractor’s obligations under the Contract Documents, including without limitation
this Section 7.8, and solely Contractor shall be responsible for security at and of the Work and
Site, regardless of any security arranged for by Owner. Owner shall not assume or incur any
responsibility or liability relating to any security arranged by Owner. Contractor shall cooperate
with Owner’s security personnel and shall comply with all requests made by such personnel to secure
and protect the Work and the Site.


 


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7.9 Coordination with Others. Contractor acknowledges that Owner reserves the right to engage
other contractors, engineers, inspectors, consultants and/or its own personnel to provide work or
services relating to the Project which may be carried out concurrently with Contractor’s Work.
Specifically, and without limitation, Contractor acknowledges that FF&E procurement and
installation (except as expressly provided on Exhibit F attached hereto as to installation) is
excluded from Contractor’s Work but completion of same within the times set forth on the agreed
upon Project Schedule is necessary to achieve Substantial Completion as defined in Section 12.1
below, and that a portion of Contractor’s Work will include installing materials and equipment in
the Project procured by Owner and provided by Owner to Contractor. Owner shall retain separate
contractors and vendors for FF&E procurement and installation as Owner desires; provided, however,
upon Owner’s request Contractor agrees to cooperate with Owner, including joint purchase
arrangements, with respect to purchases of materials, supplies and equipment, including FF&E, where
such cooperation and joint purchase may lead to a savings in purchase costs relating to such items
as determined by Owner. Contractor shall fully cooperate by coordinating its Work with any work or
services being performed by Owner and Owner’s other contractors, engineers, inspectors and
consultants as follows:




7.9.1 Contractor shall coordinate its construction activities with the activities of Owner
and Owner’s other contractors, engineers, inspectors and consultants and provide the
necessary personnel and services to coordinate and interface its Work with Owner’s
activities at the proper time and in a manner not to delay others or increase costs.




7.9.2 Contractor shall provide Owner and Owner’s other contractors with opportunities for
the necessary storage and handling of materials and equipment necessary for execution of
their activities.




7.9.3 Contractor shall participate with Owner and Owner’s other contractors in reviewing
their respective construction schedules when requested to do so. Contractor acknowledges
that the time allowed for Substantial Completion of the Work includes the time necessary to
coordinate and schedule the work of Owner’s other contractors and consultants.


 


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7.9.4 At its own expense as a Non-Allowable Cost of the Work, Contractor shall promptly
remedy any damages wrongfully caused by Contractor or any Subcontractor or Vendor to Owner’s
existing property or completed or partially completed construction work performed by Owner
or Owner’s other contractors, engineers, inspectors and consultants.




7.9.5 If any part of the Work depends upon proper execution of any completed work and
services performed or otherwise provided by or on behalf of Owner, Contractor shall, prior
to proceeding with its Work, inspect such work and promptly report to Owner any apparent
discrepancies or defects in Owner’s activities. The failure of Contractor to examine and
report any such apparent discrepancies which are or should have been reasonably apparent to
Contractor in the exercise of due diligence and prudent judgment and consistent with the
terms of the Contract Documents shall bar any Claims thereafter that any defects or delays
in Contractor’s Work are due to defects, delays or disruptions in the activities performed
or otherwise provided by Owner.




7.9.6 Contractor and its Subcontractors and Vendors shall use all best efforts to work
without causing labor disharmony, coordination difficulties, delays, disruptions, impairment
of guarantees or interferences of any other obligations of any of Owner’s other contractors,
engineers, inspectors and consultants.




7.9.7 Contractor shall cooperate with Owner’s contractors, engineers, inspectors and vendors
performing FF&E procurement and installation services and shall incorporate such services in
its Project Schedule and provide vertical transportation for the timely installation of
FF&E. Contractor agrees to cause the Work to be performed in such a manner so that prior to
achievement of Substantial Completion (and as early as reasonably practicable), Owner will
have access to the Site and the Project in order to (a) begin installing FF&E, the
installation of which is not part of the Work except as otherwise provided in the Contract
Documents, at the Site, (b) begin training its personnel at the Site, and (c) and perform
other tasks Owner deems necessary in connection with the opening of the Project and Owner
will use all best efforts to avoid unreasonably interfering with Contractor’s Work while
conducting the activities in clauses (a), (b) and (c) of this Section.



7.10 Product and Design Substitutions.





7.10.1 All requests for Substitutions shall be made in writing and sufficiently in advance
of Work performance needs to permit a reasonable time for evaluation and written response by
Owner without jeopardizing the Contract Time.




7.10.2 The acceptance of any Substitutions shall be at Owner’s sole discretion.




7.10.3 All Substitutions, including design changes recommended by the Contractor, must be
specifically accepted in writing by Owner prior to the use or implementation thereof by
Contractor or any Subcontractor.


 


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7.10.4 In reviewing any Substitution, including design changes, Owner may consider, without
limitation, the comparative advantages and responsibilities, including, but not limited to:
(a) any and all additional costs pertaining to any redesign and adverse consequences of such
redesign, (b) any and all costs of replacement, corrections or adjustments to the Work,
adjoining Work and Owner’s existing property, and (c) any and all costs arising from adverse
impacts to the critical path of the Project Schedule and/or any delays in the Contract Time
arising out of such Substitution.




7.10.5 Contractor shall promptly notify Owner and Architect in writing if any items in the
Contract Documents shall not be readily available, and Owner shall have the right to
designate an available substitute item. Nothing in this Section or elsewhere in the Contract
Documents shall derogate from Contractor’s responsibility to select, order, and timely
purchase such items. If Contractor does not timely order or arrange for delivery of items or
materials required for the Work, Owner may (but is not obligated to) arrange for delivery or
order such items and materials and in such event Contractor shall not be entitled to any
Contractor’s Fee on such items and the Guaranteed Maximum Price shall be reduced by (a) the
cost of such items and materials arranged for or ordered and paid for by Owner and (b) that
portion of Contractor’s Fee applicable to the amounts in the immediately preceding
clause (a).



7.11 Tests and Inspections.





7.11.1 All on-Site and off-Site material testing and inspections required by the Contract
Documents or by laws, rules, regulations, ordinances or orders of public authorities having
jurisdiction, shall be arranged and supervised by Contractor in a timely manner to avoid any
delays in the Work.




7.11.2 Owner shall pay for all required third party quality control testing and inspections,
and the costs thereof shall not be part of the Guaranteed Maximum Price.




7.11.3 Owner may elect to require additional testing and inspections at any time during the
course of the Work and for a period of one (1) year after the date of issuance of the
Certificate of Substantial Completion for the Work as a whole pursuant to Section 12.1
below. Such additional testing shall be at Owner’s expense unless such testing discloses
deficiencies not discovered during initial testing. In event deficiencies are disclosed,
Contractor shall be responsible for all
costs of such additional testing and inspections. Contractor’s responsibility with respect
to the costs of additional tests and inspections shall survive any termination of the
Contract.


 


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7.11.4 All certificates of such testing, inspection or approvals issued by all independent
testing companies or governmental authorities shall be promptly delivered to Owner.




7.11.5 No inspection, or failure to inspect, by Owner or the independent testing companies
or Owner’s Lenders shall be construed as approval or acceptance of the Work or as a waiver
of Contractor’s obligations to perform the Work in full compliance with the Contract
Documents.



7.12 Access to Stored Material. Owner and Owner’s Lenders may enter upon the location where any
material or equipment is manufactured or stored for purposes of inspection, checking, testing or
for any other purpose Owner or Owner’s Lenders deem reasonably necessary.



7.13 Shop Drawings, Product Data and Samples.





7.13.1 “Shop Drawings” are drawings, diagrams, schedules and other data specially prepared
for the Work by Contractor, its Subcontractors or Vendors of any tier to illustrate how
certain specific Work components fit together and will be located in relation to each other.




7.13.2 “Product Data” are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by Contractor, its
Subcontractors or Vendor of any tier to illustrate materials or equipment to be utilized for
a portion of the Work.




7.13.3 “Samples” are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.




7.13.4 Contractor shall timely prepare and submit for approval a schedule of Shop Drawings,
Product Data, test reports, Samples etc., required to be submitted for the Work, in a format
acceptable to Owner and Architect.




7.13.5 Contractor shall review, approve (to the extent of their conformance to the Contract
Documents) and submit to Owner or Architect or the appropriate consultant all Shop Drawings,
Product Data, Samples and similar submittals required by the Contract Documents in
accordance with the schedule therefor with promptness and in such sequence as to cause no
delays in the Work or in the activities of Owner or its other contractors.




7.13.6 Contractor’s submittal of Shop Drawings, Product Data, Samples and similar submittals
shall be Contractor’s representation that Contractor has determined and verified all
materials, field measurements and field construction criteria related thereto, and that
Contractor has
checked and coordinated the information contained within such submittals with the
requirements of the Work and of the Contract Documents.


 


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7.13.7 Contractor shall not perform any portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples or similar submittals until such submittals have
been accepted by Owner or Architect. Such review and acceptance shall be in a timely manner
so as not to delay the progress of the Work. Contractor shall carry out the Work in such
submittals as accepted by Owner or Architect.




7.13.8 Contractor shall make any corrections required by Owner or Architect and shall
resubmit the required number of corrected copies of Shop Drawings, Product Data, Samples or
similar submittals until approved. Contractor shall direct specific attention, in writing or
on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to any revisions
other than those requested by Owner or Architect on previous submittals.




7.13.9 Contractor shall not be relieved of responsibility for errors or omissions contained
in Shop Drawings, Product Data, Samples or similar submittals based upon the approval,
modification or acceptance thereof by Owner or Architect unless the Contractor has
specifically informed Owner in writing of such deviation at the time of submittal and Owner
has given prior written approval to the specific deviation.




7.13.10 Contractor shall be responsible for furnishing its Subcontractors and Vendors with
sufficient copies of Shop Drawings, Product Data and Samples, including any such
construction data supplied by other Subcontractors and Vendors, as may be necessary for the
coordination of the activities of all Subcontractors and Vendors.




7.13.11 Contractor shall submit one (1) reproducible transparency copy and six (6) blue line
prints therefrom of all Shop Drawings for all shop-fabricated items and all detailed
assemblies indicated on the Shop Drawings.



7.14 Project Record Documents and As-Built Requirements. Contractor shall maintain at the Site
one (1) record copy of all Specifications, Drawings, approved Shop Drawings, Change Orders and
other modifications, addenda, Schedules and instructions, in good order.




7.14.1 The record Drawings shall be one (1) set of black (or blue) and white prints of the
Drawings on which it must record all “as-built” changes during the course of construction.
This record set shall be maintained separate and apart from documents used for construction
reference as described in Section 7.2.13 above.




7.14.2 All as-built documents shall be kept current and Contractor shall not permanently
conceal or cover any Work until all required information has been recorded.


 


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7.14.3 Records of exterior underground utilities shall be made at the time of installation.




7.14.4 In marking any as-built conditions, Contractor shall ensure that such Drawings
indicate by measured dimension to building corners or other permanent monuments the exact
locations of all piping, conduit or utilities concealed in concrete slabs, behind walls or
ceilings or underground. As built Drawings shall be made to scale and shall also include
exact locations of valves, pull boxes and similar items as required for maintenance or
repair service. Prior to Final Completion and as a condition to Final Payment, Contractor
shall be responsible for providing Owner and Owner’s Lenders with a fully completed and
accurate set of all as-built Drawings in an acceptable electronic format, as Contract
Documents for Owner’s permanent records.




7.14.5 All documents described in this Section 7.14, including the as-built Drawings, shall
be readily accessible at the Site for inspection upon request by Owner, Owner’s Lenders, the
Architect and/or their authorized representatives throughout the course of the Work.



7.15 Site Clean Up. All work performed under this Contract shall comply with all Laws governing
applicable noise, dust and pollution control requirements.




7.15.1 Daily Clean Up. Contractor shall regularly and on a daily basis during the course
of the Work keep the Site and all Work-related areas in a clean and safe condition to
Owner’s reasonable satisfaction by promptly removing and properly disposing of all debris
and rubbish generated by Contractor’s operations. Contractor shall maintain streets leading
to the Site and used as a means of ingress or egress from the Site in a clean condition, and
shall remove from these areas all of Contractor’s (and Subcontractors’ and Vendors’)
spillage and tracking arising from the performance of the Work, and shall promptly repair
any damage to same. Contractor shall minimize the impact and effect of the Work and other
activity on the Site on properties adjoining and nearby the Site, and shall take all
necessary and commercially practical precautions (and comply with all applicable Laws) to
prevent any debris including, but not limited to, fugitive dust, from entering or
interfering with any adjacent or nearby property.




7.15.2 Substantial Completion Clean Up. Except to the extent that Owner may designate
otherwise in writing, the Contractor shall perform all “Punch List Items” prior to the date
of issuance of the Certificate of Substantial Completion pursuant to Section 12.1 below.
Such Punch List Items shall include, but not be limited to:




	 	(a)	 	removal of all wastes and rubbish;
	 
	 	(b)	 	cleaning of all walls and other surfaces including tile, wood and glass
surfaces;




 


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	 	(c)	 	replacement of all broken glass (including removing labels, washing and
polishing both sides);
	 
	 	(d)	 	cleaning and polishing of all plumbing fixtures and equipment;
	 
	 	(e)	 	restoring existing facilities such as roads, other paved surfaces, fencing and
curbing at the Site to either their pre-existing condition unless more is required by
the Contract Documents;
	 
	 	(f)	 	requiring affected Subcontractors to promptly remove from the Site all
temporary offices, tools, equipment, machinery and surplus materials not required for
the continued performance of the Work and otherwise leaving the designated areas
“vacuum clean;”
	 
	 	(g)	 	machine-sweep and clean all drive-way surfaces;
	 
	 	(h)	 	grind, smooth, and sweep clean any concrete surfaces, as necessary or
desirable;
	 
	 	(i)	 	remove temporary protections;
	 
	 	(j)	 	remove marks, spots, dust, stains, fingerprints and other soil or dirt from all
floors, tile, walls, finishes, marble, finished materials, fixtures, equipment and
other Work, and wash or wipe clean and leave same in undamaged, new condition;
	 
	 	(k)	 	clean tubs, toilets and other fixtures, cabinet work and equipment, removing
stains, paint, dirt and dust, and leave same in undamaged new condition;
	 
	 	(l)	 	clean all metal finished in accordance with recommendations of the manufacturer
and accepted industry standards; and
	 
	 	(m)	 	clean resilient floors thoroughly with a well rinsed mop containing only enough
moisture to clean off any surface dirt or dust and buff dry by machine to bring the
surfaces to sheen.






Punch List Items shall not include but shall be in addition to, any items of defective
workmanship or omissions which are to be corrected at Contractor’s cost pursuant to
Article 10 of this Agreement.




7.15.3 Final Completion Clean Up. Prior to Final Completion pursuant to Section 12.2
below, Contractor shall complete any Punch List Items described above which were either not
required by Owner at the time of Substantial Completion or which were not satisfactorily
completed and accepted by Owner at the time of Substantial Completion.




7.15.4 Site Clean Up By Owner. In the event Contractor fails to maintain the Site as
described above in a manner satisfactory to Owner, and fails to complete appropriate clean
up and/or removal activities within twenty-four (24) hours after receipt of Owner’s written
notice to do so, Owner shall have the right to perform such clean up and removal activities
at Contractor’s expense and may withhold and or deduct such costs from any amounts owed to
Contractor.


 


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7.16 Construction Facilities and Temporary Controls. Contractor shall be solely responsible for
the design, transport, erection, inspection and maintenance of all temporary supports and
structures; including, but not limited to, electricity and lighting, heat, telephone and fax,
water, sanitary facilities, fire protection, hoisting equipment and machinery, staging and
scaffolding, temporary equipment and materials, all shoring and bracing, all cranes, hoists,
derricks and supports, barriers and fencing, water control, field office, storage facilities and
all other types of temporary supports and structures required for the Work and provided by
Contractor or its Subcontractors while performing the Work. Contractor shall provide and maintain
reasonable safety precautions to protect the public and avoid obstruction or interference with
vehicular or pedestrian traffic in public streets, alleyways or private rights-of-way. Contractor
shall, or shall cause Subcontractors to, leave proper access to hydrants and other similar places,
and shall provide sufficient lighting during working hours and from twilight of each day until full
daylight of each following day. When work is suspended, Contractor shall, or shall cause
Subcontractors to leave roadways and sidewalks in proper condition and restore all such to good
condition on completion of the Work and in compliance with all laws. Contractor shall, or shall
cause Subcontractors to, maintain and keep in good repair, shift and alter as conditions may
require, all guard rails, passageways and temporary structures and remove same when the Work is
completed or when the need for their use has ceased.



7.17 Cutting and Patching of Work. Contractor shall be responsible for all cutting, fitting or
patching of the Work that may be required to properly complete the Work or make its parts fit
together properly. Any costs resulting from improper cutting, fitting and patching to any work
performed by Owner or any other contractors to Owner shall be Contractor’s responsibility.
Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of Owner or separate contractors by cutting, patching or otherwise altering such
construction, or by excavation. Contractor shall not cut or otherwise alter such construction by
Owner or a separate contractor except with consent of Owner and of such separate contractor.
Contractor, if required by Specifications and Drawings, shall make connections to materials or
equipment furnished, set, and/or installed by other contractors. No Work connecting to such
materials or equipment provided by other contractors shall be done without giving such contractors
a reasonable length of time to complete their work or until permission to proceed has been obtained
from Owner. Owner shall secure and provide to Contractor the Shop Drawings from Owner’s other
contractors for such of their work as is to be built into Contractor’s Work, or to which Contractor
must make connection, and Contractor shall review and advise Owner of any discrepancy or
unsuitability relative to its own Work. Each contractor shall provide all openings and chases in
its own work, necessary for the installation of process equipment, and shall fill in around the
same afterwards, if required.


 


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7.18 Performance and Payment Bond Requirements.





7.18.1 Contractor’s Bond Requirements. Not later than five (5) business days after
Contractor’s receipt of Owner’s Notice to Proceed and in any event prior to commencement of
any Work, Contractor shall furnish a fully executed Performance and Payment Bond, in a form
approved in writing by Owner and Owner’s Lenders and Contractor’s Surety and naming Owner
and Owner’s Lenders (as Owner’s Lenders may change from time to time) as obligees and
beneficiaries, covering both the Contractor’s faithful performance of this Contract and the
payment of all obligations arising hereunder. The Payment and Performance Bond shall be in
the amount of Guaranteed Maximum Price. Thereafter, such Payment and Performance Bond shall
not be increased or decreased unless Owner grants advance written approval of such increase
or decrease. The Payment and Performance Bond and all supplements shall be issued by a
bonding company having an A.M. Best Co. rating of A XV or better and licensed in Missouri.




7.18.2 Subcontractor’s Bond Requirements. On a case-by-case basis, Owner may elect to
require that Contractor’s Subcontractors provide a Performance and Payment Bond as described
in Subsection 7.18.1 above using a form approved by Owner and Owner’s Lenders. The amount of
each such Payment and Performance Bond shall be equivalent to the full value of the relevant
subcontract or such lesser amount as Owner may approve in writing. All costs of each
Performance and Payment Bond for those Subcontractors so designated by Owner shall be quoted
separately to Owner for Owner’s prior written approval before such bond is obtained.
Contractor shall recommend to Owner whether or not to require such Payment and Performance
Bonds as to each respective Subcontractor. Nothing in this Section 7.18 shall preclude
Contractor from requiring a bond from any Subcontractor and from being reimbursed for same
as an Allowable Cost of the Work.



7.19 Liens.





7.19.1 If at any time Owner receives any stop notice, mechanic’s lien or similar claim
pertaining to unpaid amounts for any labor, goods, materials, equipment or services provided
as part of Contractor’s scope of Work (and provided Owner has paid all sums then due and
owing to Contractor pursuant to and within the time period set forth in the Contract
Documents), Contractor agrees to immediately cause such notices, liens or claims to be
removed, or to file a bond in lieu thereof in an amount satisfactory to Owner and/or Owner’s
Title Company. All costs incurred by Contractor in effecting the foregoing shall be at
Contractor’s sole expense as a Non-Allowable Cost of the Work, except that should Contractor
be successful in having any filed mechanic’s lien removed of record and dismissed with
prejudice without the necessity of Contractor posting any bond and without the payment by
Contractor to the lien claimant of any monies to effect the removal and dismissal of said
lien, all of Contractor’s reasonable fees and costs incurred in
having the mechanic’s lien removed and dismissed shall be a Cost of the Work. It is
expressly understood that all of Contractor’s obligations with respect to this Section 7.19
begin immediately at the outset of any notice or filing of a claim, either by correspondence
or court proceeding, and without regard to any showing of fault on the Contractor’s part.
Contractor’s failure to cause such notices or liens to be removed or to be bonded against in
accordance with the terms of this Agreement, shall constitute a material breach of this
Contract entitling Owner to exercise all of its rights and remedies provided hereunder and
at law.


 


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7.20 Royalties and Patents. Contractor shall pay as a Cost of the Work in accordance with
Section 3.2.11 hereof all royalties and license fees relating to the Work. Contractor shall defend
suits or claims for infringement of patent rights and shall indemnify and hold Owner harmless from
loss on account thereof, but shall not be responsible for such defense or loss when a particular
design, process or product of a particular manufacturer or manufacturers is required by the
Contract Documents. However, if Contractor has reason to believe that the required design, process
or product is an infringement of a patent, Contractor shall be responsible for such loss unless
such information is promptly furnished to Owner.



7.21 Training. Prior to and as a condition to payment of the Final Payment, Contractor shall
orient and instruct the responsible maintenance personnel designated by Owner in the operations of
all equipment and shall provide the maintenance personnel with pertinent literature and operational
manuals for all equipment designated by Owner.



7.22 Construction Photographs. Contractor shall submit color construction photographs to Owner,
Owner’s Lenders and the Architect with each month’s Application for Payment during the Work. Each
month, such photographs shall consist of four (4) views of the building from ground-view points as
directed by Owner or the Architect.



7.23 Statement of Unpaid Claims. Whenever requested by Owner, Contractor shall certify to Owner
in writing (in a form satisfactory to Owner) the amounts then claimed by and/or due and owing from
Contractor to any person(s) for labor and services performed and materials and supplies furnished
relating to the Work, setting forth the names of the persons whose charges or claims for materials,
supplies, labor, or services have been paid and whose charges or claims are unpaid or in dispute,
and the amount due to or claimed by each respectively.


 


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ARTICLE VIII

ARCHITECT




8.1 Architect’s Administration of the Contract.





8.1.1 The term Architect includes the Architect and the Architect’s authorized
representatives. Architect shall act in its professional capacity as an advisor to Owner
during the course of the Work.




8.1.2 Owner shall cause the Architect to provide Contractor with three (3) sets of Drawings
and/or Specifications which have been approved for use during construction and all revisions
thereto. It shall be Contractor’s responsibility to arrange and pay for as a Cost of the
Work in accordance with Section 3.2 hereof, reproductions as may be needed by Contractor to
perform its Work.




8.1.3 The Architect shall at all times have access to the Work wherever it is in preparation
or being performed.




8.1.4 The Architect shall have authority to require additional inspection or testing of the
Work, whether or not such Work is fabricated, installed or completed, by giving reasonable
advance notice in writing to both Owner and Contractor. However, only Owner shall have
authority to reject any Work which does not conform to the Contract Documents.




8.1.5 The Architect shall review and approve or take other appropriate action upon the
Contractor’s submittals such as Shop Drawings, Product Data and Samples, for the limited
purposes of checking for conformance with the Specifications and related design intent
expressed in the Contract Documents. The Architect shall provide its response to all such
submittals in a timely manner to avoid delays in the Work, and in any event not later than
fourteen (14) calendar days after receipt thereof by Architect thereof.


 


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ARTICLE IX

SUBCONTRACTORS AND VENDORS




9.1 Subcontractors and Vendors. Contractor shall be responsible for the performance of
Subcontractors and Vendors of every tier to the same extent as if performed by Contractor on a
direct basis, including coordination of those portions of the Work performed by Subcontractors and
Vendors.



9.2 Consent To Use Proposed Subcontractors and Vendors.





9.2.1 To the extent practicable, Contractor shall propose a minimum of three (3) qualified
lump-sum or cost of the work plus a fee bidders for each element of the Work to be performed
by Subcontractors and Vendors (including those who are to furnish materials or equipment
fabricated to a special design). Owner shall, within five (5) calendar days after receipt
thereof, reply to Contractor stating whether or not Owner has a reasonable objection to any
such proposed person or entity. Owner’s failure to reply in writing to Contractor’s proposed
list within five (5) calendar days after the receipt thereof shall constitute Owner’s
acceptance of such list. Owner’s consent with respect to any Subcontractor or Vendor
pursuant to this Article 9 shall not in any way relieve the Contractor from its obligations
to fully manage, administer and assure that the Subcontractor complies with the requirements
of the Contract Documents, including all dates identified in the Project Schedule.




9.2.2 Contractor shall analyze all of the bids for each element of the Work and shall make a
recommendation to the Owner as to which bid should be selected. Owner shall then make the
selection with assistance from the Contractor. In the event the Subcontractor chosen by
Owner is different than the Subcontractor recommended by Contractor, and the bid amount from
the Subcontractor chosen by Owner exceeds the bid amount from the Subcontractor recommended
by Contractor, such bid difference shall be cause for an increase in the Guaranteed Maximum
Price provided that the bid recommended by Contractor was in full compliance with the
requirements of the Contract Documents.




9.2.3 The Contractor shall be allowed to subcontract particular scopes of work to its
subsidiaries, affiliates, or divisions on a lump sum basis with a separate profit for such
scope of work so long as the subsidiaries, affiliates, or divisions comply with the same
requirements as all other subcontractors and are the low bidder.



9.3 Form of Subcontracts and Purchase Orders. Contractor shall furnish Owner and Owner’s Lenders
with a copy of Contractor’s proposed forms for use as subcontracts and purchase orders (which
includes professional services agreements) for Owner’s review and approval prior to Contractor’s
use thereof, and Contractor shall only enter into those subcontracts approved by Owner in writing,
without material modification; provided, however, subcontracts and purchase orders which do not
subject Contractor to liability in excess of $250,000 individually, and otherwise are in accordance
with the Contract Documents, shall not require Owner’s prior written approval. Contractor shall
furnish



 


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to Owner a copy of each subcontract and purchase order it enters into in connection with
the Work within ten (10) calendar days after execution of such
subcontract or purchase order. All
subcontracts and purchase orders shall require all Subcontractors and Vendors to assume toward
Contractor the same legal
obligations and responsibilities which Contractor assumes toward Owner in this Contract, including
requiring the indemnitee(s) provided in Article 14 hereof, except as specifically provided
otherwise in the Contract Documents or waived by Owner in writing. All subcontracts and purchase
orders shall require that the subcontract may not be assigned by Subcontractor but permit the
assignment of the subcontract by Contractor to Owner or a third party designated by Owner,
including Owner’s Lenders, as provided in Section 9.8 and Article 21 of this Agreement. All
subcontract agreements and purchase orders shall conform to the requirements of the Contract
Documents. All subcontracts and purchase orders shall also provide that any warranties contained or
referenced therein shall run to the benefit of and be enforceable by Owner and Owner’s Lenders.
Contractor shall not waive or fail to exercise any material or significant right or remedy under
any subcontract or waive any material or significant default under any subcontract without Owner’s
prior written approval.



9.4 Subcontractors and Vendors Designated By Owner. Contractor shall not be required to contract
at its own risk with a Subcontractor or Vendor when Contractor has a reasonable objection, provided
that the reason for such objection is identified to Owner in writing with five (5) calendar days of
Owner’s designation objected to by Contractor.



9.5 Payments to Subcontractors from the Contractor. Contractor agrees to pay each Subcontractor
and Vendor within five working (5) days of receipt of each progress payment from Owner an amount
equal to the percentage of completion allowed to the Contractor on account of the Work of such
Subcontractor or Vendor but not more than amount set forth for such respective Subcontractor and
Vendor in the applicable Application for Progress Payment, less the percentage retained and amounts
withheld from payments to the Contractor. Contractor further agrees to require each Subcontractor
to make similar payments to its Subcontractors and Vendors. The obligation of Contractor to pay
Subcontractors and Vendors (and their obligation to pay their Subcontractors and Vendors) is an
independent obligation from the obligation of Owner to make payment to Contractor. Owner shall have
no obligation to pay or to see to the payment of any monies to any Subcontractor or Vendor.



9.6 Subcontractor and Vendor Replacements. Contractor shall not replace any Subcontractor or
Vendor who has been approved by Owner, unless Owner gives prior written approval to the
replacement.



9.7 Communications with Subcontractors and Vendors. In cooperation with, and upon notice to
Contractor, Owner and Owner’s Lenders shall have the right at any time and from time to time to
contact Contractor’s Subcontractors and Vendors to discuss the progress of their portion of the
Work. Contractor shall have the right to be present at the time of any such direct communications,
excepting only if Contractor is in default under the Contract or unreasonably refuses to attend
meetings after Owner has given Contractor reasonable advance notice and opportunity to be present.
Notwithstanding the exercise of any of Owner’s and Owner’s Lenders’ rights of direct communication
in the subcontracting process or
the process of managing subcontracts, Contractor shall be responsible and liable to Owner for all
acts or omissions of Subcontractors and Vendors and their respective agents and employees and any
other person performing any of the Work under an agreement with Contractor or any Subcontractor or
Vendor.


 


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9.8 Assignment. Contractor hereby assigns to Owner all its interest in all subcontract
agreements and purchase orders now existing or hereafter entered into by Contractor for performance
of any part of the Work, which assignment will be effective only upon acceptance by Owner in
writing and only as to those subcontract agreements and purchase orders that Owner designates in
said writing. Such assignment may not be withdrawn by Contractor prior to expiration of the
Warranty Period, and Owner may accept said assignment at any time during the course of construction
prior to expiration of the Warranty Period. Upon such acceptance by Owner: (a) Contractor shall
promptly furnish to Owner the originals or copies of the designated subcontract agreements and
purchase orders, and (b) Owner shall only be required to compensate the designated Subcontractor(s)
or Vendor(s) for compensation accruing to same for Work done or materials delivered from and after
the date as of which Owner accepts assignment of the subcontract agreement(s) or purchase order(s)
in writing. All sums due and owing by Contractor to the designated Subcontractor(s) or Vendor(s)
for Work performed or material supplied prior to the date as of which Owner accepts in writing the
subcontract agreement(s) or purchase order(s), and all other obligations of Contractor accruing
prior to Owner’s written acceptance of such assignment, shall constitute a debt and an obligation
solely between such Subcontractor(s) or Vendor(s) and Contractor, and Owner shall have no liability
with respect such sums or any other obligations of Contractor. It is further agreed that all
subcontract agreements and purchase orders shall provide that they are freely assignable by
Contractor to Owner and Owner’s assigns (including Owner’s Lenders) under the terms and conditions
stated in this Section and that all such Subcontractors and Vendors shall continue to perform their
Work for Owner (or Owner’s Lenders as the case are) pursuant to the terms of the respective
subcontract or purchase order. Owner agrees not to accept such assignment solely for the purpose of
intentionally causing Contractor harm and in bad faith.



ARTICLE X

WARRANTY OBLIGATIONS




10.1 Contractor’s Warranty. Contractor guarantees and warrants to Owner that (a) the Work,
whether performed by Contractor’s own personnel or by any Subcontractors or Vendors, shall be first
class in quality, free from all defects whatsoever (including, without limitation, patent, latent
or developed defects or inherent vice (except inherent vice or developed defects resulting solely
due to material specified by the Contract Documents unless Contractor knows or should reasonably
have known through the exercise of their obligations and due care that such specified items are
subject to inherent vice or developed defects), and in strict conformance with the Contract
Documents, the highest standard for
construction practices and quality applicable to first class projects associated with luxury
resorts, and (b) all materials, appliances, mechanical devices, equipment and supplies incorporated
into the Work shall be new and of such quality to strictly meet or exceed the Specifications and
requirements of the Contract Documents. If requested by Owner at any time and from time to time,
Contractor will furnish satisfactory evidence to Owner as to the kind and quality of materials,
appliances, mechanical devices, equipment and supplies. All Work not conforming to the requirements
of this Section (including, without limitation, substitutions or deviations not properly approved
and authorized by Owner in writing), shall be considered defective.


 


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10.2 Contractor’s Warranty Period. While Contractor, Subcontractors and Vendors shall be
responsible for strict compliance with the requirements of Section 10.1 above throughout the course
of the Work, the “Warranty Period” shall commence upon the issuance of a Certificate of Substantial
Completion for the Work as a whole pursuant to Section 12.1 of this Agreement and shall extend for
a period of twelve (12) months from the date of issuance of such Certificate or for such longer
period as set forth in an applicable manufacturer’s warranty or as may be required by applicable
Laws. Nothing contained in this Article 10 shall be construed to establish a period of limitation
with respect to other obligations which Contractor might have under the Contract Documents or under
applicable law, in equity or otherwise, or reduce the period of any other similar warranty or
guaranty that may apply at law or otherwise to the Work.



10.3 Compliance with Contract Documents. Upon receipt of Owner’s written notice at any time
during the course of the Work or during the Warranty Period, and during any longer period of time
as are prescribed by any applicable Laws or other applicable terms, Contractor (at no cost to
Owner) shall at Contractor’s sole cost promptly perform all corrective services (including, without
limitation, furnishing all labor, materials, equipment and other services at the Site and
elsewhere) to Owner’s satisfaction as may be necessary to remedy any defective workmanship or
omissions in the Contractor’s Work, including without limitation, promptly correct or replace any
Work rejected by Owner or which is incomplete, defective or fails to conform to the Contract
Documents, whether observed before or after Final Completion of the Work and whether or not
fabricated, installed, or completed. Contractor’s compliance with its obligations as stated in this
Article 10, and Owner’s acceptance of such corrective services, shall at all times be determined by
ascertaining whether Contractor has achieved strict compliance to Owner’s reasonable satisfaction
with both the written and inferable requirements contained in the Contract Documents.



10.4 Warranty Costs. All costs incurred by Contractor in fulfilling Contractor’s remedial
warranty obligations as set forth on this Article 10 shall be Non-Allowable Costs of the Work and
shall be solely Contractor’s responsibility which Contractor shall pay, including, without
limitation, additional testing and inspections and compensation for the services of any
professional or consultant made necessary thereby. Contractor shall also, as part of Contractor’s


 


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warranty and guarantee at Contractor’s own expense,
repair or replace any other damaged components, material, finishes, furnishings and other Work or
portions of the Project or other property damaged, affected or otherwise made necessary by or
resulting from such defective, non-conforming or incomplete Work, to return the same to their
original condition. In addition, and notwithstanding anything to the contrary in this Agreement, if
within one (1) year after Substantial Completion any portion of the Work (including, without
limitation, any roof and any walls) is not watertight and leak proof, due to the Contractor’s
failure to comply with the Contract Documents, at every point and in every area (except where leaks
can be attributed to damage to the Work proximately caused by extraordinary, external forces beyond
Contractor’s control and which Contractor could not reasonably have anticipated), Contractor shall,
immediately upon notification by Owner of water penetration, determine the source of water
penetration and, at Contractor’s own expense, do any work necessary to make the Work watertight.



10.5 Timeliness of Corrective Services. Contractor shall use all best efforts to fully perform
all warranty and corrective services to Owner’s satisfaction within five (5) calendar days of the
receipt of Owner’s written notice of defective workmanship. If the corrective services require more
than five (5) calendar days for completion, Contractor shall submit, within five (5) calendar days
of receipt of Owner’s written notice, a comprehensive written proposal itemizing all corrective
actions necessary which Contractor is prepared to and shall immediately undertake and diligently
pursue to enable the Work to achieve strict compliance with the Contract Documents, including the
latest Drawings and Specifications. In performing such corrective Work, Contractor shall perform
its Work so as to cause the least inconvenience and disruption to Owner’s business which may
require performance of Work at hours when Owner’s business is least active. Contractor shall not be
entitled to the extra costs, if any, incurred in connection with performing corrective Work at
non-business hours. Additionally, the provisions of Section 7.6 and 7.7 of this Agreement relating
to cooperation with Owner, access, avoidance of disruption and related matters as set forth therein
shall also apply to the performance of any warranty related work.



10.6 Warranty Survival. Contractor’s warranty obligations set forth in this Article 10 shall
apply to Work done by Subcontractors or Vendors, as well as to Work done by direct employees of
Contractor, and such provisions shall survive acceptance of the Work and survive any termination of
the Contract and Contractor shall be responsible to fully indemnify and hold Owner harmless from
any and all liens, claims, lawsuits, costs and expenses which may arise out of the failure of the
Contractor to fulfill its warranty obligations pursuant to this Contract.


 


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10.7 Owner’s Right to Correct. In the event Contractor fails to timely correct incomplete,
nonconforming or defective Work following Owner’s written notice described in Section 10.5 above,
Owner shall have the right to correct or arrange for the correction of any defects or omissions in
the Work at the Contractor’s sole cost and expense and not as Costs of the Work. Contractor shall
bear all costs
incurred by Owner in correcting such defective Work, including, but not limited to, additional
costs for redesigns by the Architect and other design consultants, replacement contractors,
materials, equipment and all services provided by Owner’s personnel. Owner shall be entitled to
withhold and offset all costs incurred during any such corrective work against any funds which are
otherwise due or which may become payable to the Contractor. If payments then or thereafter due
Contractor are not sufficient to cover such amount, Contractor shall immediately upon demand pay
the difference to Owner.



10.8 Owner’s Right to Supplement Work of Contractor. If the Contractor violates or breaches any
of the terms, conditions or covenants of the Contract, then Owner may, without prejudice to any
other remedy it may have and following the expiration of any applicable cure periods, provide such
reasonable labor and materials as are reasonably necessary to remedy such deficiency including the
right to hire another contractor to supplement the Work of the Contractor and deduct all costs
thereof from any money due or thereafter becoming due to the Contractor and reduce the Guaranteed
Maximum Price by all such amounts.



10.9 Acceptance of Non-Conforming Work. Owner may, in its sole discretion, elect to accept a
part of the Work which is not in accordance with the requirements of the Contract Documents. In
such case, the Guaranteed Maximum Price shall be reduced as appropriate and equitable. Owner’s
acceptance of any non-conforming Work shall not waive or otherwise affect Owner’s right to demand
that Contractor correct any other defects or areas of non-conforming Work.



10.10 Warranty Exclusions. Contractor’s warranty obligations shall not apply to defects caused
by ordinary wear and tear, insufficient maintenance or improper operation or use by Owner.



10.11 Written Guaranty. All guarantees and warranties specified in the Contract, including
Contractor’s general warranty in this Article 10, shall be executed in writing by Contractor and
each Subcontractor on their respective letterhead, signed jointly by Contractor and Subcontractor,
and furnished to Owner upon commencement of the respective term of each such guarantee and warranty
and as a condition to Final Payment. Owner shall, in addition to the guarantee and warranty
provided in this Article 10, also have the benefit of, and Contractor shall assign to Owner in form
and substance satisfactory to Owner, all warranties, service life policies, indemnitee(s) and
guarantees with respect to any and all materials, appliances, mechanical devices, supplies and
equipment incorporated into the Work and given by the manufacturer, retailer, or other supplier,
which shall be supplied and assigned to Owner promptly after such is received by or becomes
available to Contractor and as a condition to Final Payment. Further, at Owner’s request,
Contractor shall assist Owner in enforcing all such warranties, guarantees, policies and
indemnitee(s).


 


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ARTICLE XI

SCHEDULING, DELAYS AND ACCELERATION




11.1 Owner’s Right to Modify. Notwithstanding the Project Schedule, Owner has the right to
modify or otherwise change the sequence of the Work and Contractor shall comply therewith and
adjust schedules accordingly. If Contractor believes such modification or change causes a delay or
acceleration in the completion of the Work, Contractor shall provide written notice to Owner in
accordance with Sections 11.6 and/or 11.8 below. Any such modifications or changes in sequence
applies only to scheduling and shall not be construed to mean a change in the method or means
employed by Contractor for the execution of the Work.



11.2 Project Schedule. Contractor has furnished a detailed “Project Schedule” describing the
activities to be accomplished and their dependency relationships. The Project Schedule includes an
agreed upon Design and Permit Schedule setting forth time periods for Owner to provide Drawings and
Major Permits to Contractors, and an agreed upon construction schedule setting forth Interim
Milestone Dates for Contractor to achieve certain construction completion milestones. Contractor’s
and Owner’s performance will be measured against the Project Schedule. The Project Schedule (and
any revisions thereto) shall be updated and revised at appropriate intervals as required by Owner
or the current and projected conditions of the Work and Project, shall designate those items on the
critical path of the Work, shall be related to the entire Project to the extent required by the
Contract Documents, shall indicate dates necessary to vacate various work areas, and shall provide
for expeditious and practicable execution of the Work. The Project Schedule and all subsequent
updates and revisions shall be printed in a tabular bar chart format. Contractor shall provide
Owner with a diskette containing an electronic copy of the Project Schedule as submitted, including
all logic diagram formats.



11.3 Schedule Updates. Contractor shall submit a “Schedule Update” along with each monthly
Application For Progress Payment for comparison to the Project Schedule. The First Schedule Update
shall be dated and identified as “Schedule Update No. 1” and shall identify the then current status
of all major Work activities identified in the Project Schedule. All Schedule Updates shall include
a comprehensive narrative setting forth (i) actual activity completion dates, (ii) the effect on
the Project Schedule of any delays in any activities in progress and/or the impact of known or
suspected delays which are expected to effect future Work, (iii) the effect of Contract
Modifications on the Project Schedule, (iv) all actual and potential variances between latest
Schedule Update and probable actual completion dates; (v) all Work activities not started or
completed in accordance with the Project Schedule, and (vi) recommends specific Recovery Plans to
Owner which may be necessary to achieve the Contract Time and/or relevant Interim Milestone Dates.
All subsequent revisions shall be dated and numbered sequentially. In addition, each Schedule
Update shall be clearly labeled to state the effective date of the
current status information contained therein. Contractor’s failure to provide Schedule Updates as
required in this Section 11.3, or as otherwise mutually agreed in writing, shall be a material
breach of this Contract.


 


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11.4 Force Majeure Delay. All delays due to fire, labor disputes affecting the general St.
Louis, Missouri area and not limited to the Project (and not a jurisdictional dispute), adverse
weather conditions not reasonably anticipatable, unavoidable casualties or other causes which,
based on Contractor’s extensive experience in constructing projects of similar scope and complexity
in the same location and Contractor’s representations contained in the Contract Documents, are
unforeseeable and beyond the Contractor’s reasonable control shall be a “Force Majeure Delay.”
Owner shall be excused from performance of its obligations to the extent of any Force Majeure
events affecting Owner, but solely to the extent the failure to perform such obligations by Owner
is attributable to that Force Majeure event.



11.5 Owner Delay. Any delays in Contractor’s Work that are caused in whole or in part by Owner,
its agents, consultants or separate contractors, and are not the fault of Contractor or any
Subcontractor or any party for which either is responsible or liable at law or under the Contract
Documents, shall be an “Owner Delay.”



11.6 Extensions of Time and Guaranteed Maximum Price Increases for Delay.





11.6.1 To the extent the Contractor or any Subcontractor is delayed at any time in the
progress of the Work by an Owner Delay, Force Majeure Delay, or by other causes which Owner
and Contractor agree may justify delay, then the Contract Time shall be reasonably extended
by Change Order, and the Guaranteed Maximum Price increased, if at all, in accordance with
the procedures described this Section 11.6 and in Article 18 below.




11.6.2 Notwithstanding any other provision of the Contract Documents, any item that cannot
be demonstrated as being on or affecting the critical path of the Work shall not result in
an extension of time to perform the Work. The Contractor may be entitled to an increase in
the Guaranteed Maximum Price in the event of a non-critical path delay item provided it
provides notice in accordance with this Agreement. Further, to the extent any Owner Delay or
Force Majeure Delay could have been prevented or reduced if Contractor had, consistent with
the terms of the Contract Documents, performed its duties and responsibilities under the
Contract Documents, such delay will not entitle Contractor to an extension of the Contract
Time (except for that portion, if any, of such Owner Delay or Force Majeure Delay which
could not have been reduced consistent with the foregoing and subject to the other
requirements of the Contract Documents, including this Section 11.6) or increase in the
Guaranteed Maximum Price.


 


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11.6.3 Extensions of the Contract Time for the Work or an increase in the Guaranteed Maximum
Price will be authorized by Owner only if (a) Contractor has been necessarily delayed in
meeting
such Guaranteed Date of Substantial Completion by a cause which constitutes an Owner Delay
or Force Majeure Delay, or a change to the Work initiated by the Owner; (b) the completion
of the Work by the applicable interim Milestone Date or the total Work by the Guaranteed
Date of Substantial Completion is actually and necessarily delayed by such cause; (c) the
effect of such cause cannot be avoided or mitigated by the exercise of all reasonable
precautions, efforts and measures, including planning, scheduling and rescheduling, whether
before or after the occurrence of the cause of delay, and (d) Contractor has met any notice
requirements set forth in the Contract Documents for it to be entitled to any extension of
time or increased costs. All extensions of time and/or increases in the Guaranteed Maximum
Price to which Contractor is entitled hereunder will be acknowledged by Change Order.




11.6.4 The period of any extension of time for delay shall be only that which is necessary
to make up the time actually lost for a Work item or items identifiable on the Project
Schedule as being on or affecting the critical path at the time in which the delay occurs.




11.6.5 The amount of increase, if any, in the Guaranteed Maximum Price due to a delay shall
be equal to the additional cost actually, reasonably and necessarily incurred by Contractor
in Cost of the Work items (a) as a result of continuing to maintain dedicated personnel,
materials and equipment at the Site at Owner’s request during such delay and (b) other
reasonable and unavoidable Costs of the Work, if any, which are directly related to such
delay, and to the extent such actions are necessary, if at all, to be performed by
Contractor to maintain the extended Contract Time and Project Schedule after taking into
account any extension of time as provided for in this Section 11.6.




11.6.6 Contractor shall not be entitled to receive a separate extension of time or an
increase in the Guaranteed Maximum Price for each of several causes of delay operating
concurrently but only for the actual period of delay in completion of the Work irrespective
of the number of causes contributing to produce such delay. If one of several causes of
delay operating concurrently results from any act, fault or omission of Contractor or
Subcontractor or for which Contractor or Subcontractor is responsible, and would of itself,
irrespective of the concurrent causes, have delayed the Work, no extension of time or an
increase in the Guaranteed Maximum Price will be allowed for the period of delay resulting
from such act, fault or omission; provided, however, the Contractor shall be entitled to
extension of time and an increase in the Guaranteed Maximum Price for such concurrent delay
after thirty (30) cumulative days of concurrent delay have been experienced. Further all
such extensions and increases shall be netted out with any reductions in Contract Time or
Guaranteed Maximum Price, before implementing any such extension or increase.


 


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11.6.7 As a condition precedent to the granting of an extension of time or an increase in
the Guaranteed Maximum Price, Contractor shall give written notice to Owner within ten
(10) calendar days after the time when Contractor knows of any cause which might result in
delay, for which it may claim an extension of time or an increase in the Guaranteed Maximum
Price, including those causes of which Owner has knowledge, specifically stating in such
notice that an extension or an increase in the Guaranteed Maximum Price is or may be
claimed, and identifying such cause and describing, as fully as practicable, at that time,
the nature and expected duration of the delay and its effect on the completion of that part
of the Work identified in the notice. Contractor shall not be entitled to an extension of
time or an increase in the Guaranteed Maximum Price to the extent such would not be
necessary, but for Contractor’s failure to strictly comply with this Section 11.6.




11.6.8 Since the possible necessity for an extension of time or an increase in the
Guaranteed Maximum Price may materially alter the scheduling plans, and other actions of
Owner and since, with sufficient notice, Owner may, if it should so elect, attempt to
mitigate the effect of a delay for which an extension of time or an increase in the
Guaranteed Maximum Price might be claimed, the giving of written notice as required above is
of the essence of Contractor’s obligations hereunder and failure of Contractor to give
written notice as required above shall be a conclusive waiver of an extension of time and/or
an increase in the Guaranteed Maximum Price for the cause of delay in question.




11.6.9 It shall in all cases be presumed that no extension, or further extension, of time
and no increase in the Guaranteed Maximum Price is due unless Contractor shall affirmatively
demonstrate the extent thereof to the reasonable satisfaction of Owner. Contractor shall
maintain adequate records supporting any claim for an extension of time or increase in the
Guaranteed Maximum Price.



11.7 Limitations. Contractor agrees for itself and for its Subcontractors, and will cause each
Subcontractor to agree, that it will make no claim or claims against the Site, Project, Owner (or
any party affiliated or associated with Owner or any assets of Owner), or Owner’s Lenders for
damages or losses incurred as a result of or arising out of delays in the Work, including but not
limited to any Owner Delay or Force Majeure Delay except as set forth in this Agreement and any
such delay in the Work, if claimed by or through Contractor, solely and completely will be
compensated and balanced by (a) an extension of the Contract Time, and (b) an increase in the
Guaranteed Maximum Price, strictly in accordance with Section 11.6 above, and such extension and
increase shall be the sole and exclusive remedy for Contractor and all Subcontractors and Vendors
for all delays. Contractor and each Subcontractor who
performs any portion of the Work agree to accept such extensions at no additional cost (except as
provided in this Section) to Owner, and waive and relinquish any right to payments of any kind for
any delays (except as provided in this Section). Further, the limitations in Section 17.4 hereof
shall also apply to any delay.


 


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11.8 Recovery Plans. The Guaranteed Maximum Price is based on Contractor working as many hours
as necessary to properly perform the Work and achieve the Project Schedule requirements. In the
event it is necessary for Contractor or any Subcontractor to work additional overtime in order to
maintain the Project Schedule, for reasons caused by or attributable to the Contractor, Contractor
shall be responsible for all costs relating to such overtime, though Contractor shall have the
right to use the Construction Contingency in accordance with Section 3.1.6 hereof. “Recovery Plan”
means a detailed narrative explanation clearly stating the scope and extent of any and all resource
loading, activity re-sequencing and other acceleration activities required for all affected
elements of the Work to enable Contractor to either: (a) complete the respective Interim Milestones
by the respective Interim Milestone Dates; or (b) obtain Substantial Completion of the Work in its
entirety within the Contract Time.




11.8.1 If Owner determines at any time based on reasonable evidence that Contractor is
behind schedule or is otherwise in jeopardy of failing to complete any Interim Milestone by
the applicable Interim Milestone Date or the Work within the Contract Time, for reasons
caused by or attributable to the Contractor, Owner shall issue a written notice to
Contractor identifying areas of concern and requiring that Contractor provide a Recovery
Plan to Owner.




11.8.2 Upon receipt of Owner’s notice, Contractor shall immediately undertake all
commercially reasonable steps to overcome or mitigate against the adverse effects of all
delays identified by Owner. Contractor’s failure to undertake all available steps to
mitigate the effects of such delays shall constitute a waiver of Contractor’s right to claim
relief for any schedule extensions and/or additional compensation to the extent that
Contractor’s failure to act timely contributed to such delays.




11.8.3 Contractor shall, within seven (7) calendar days after receipt of Owner’s notice,
provide its Recovery Plan to Owner notwithstanding whether or not Contractor disputes
responsibility for the cause(s) of such delays.




11.8.4 Within seven (7) calendar days after submission of the Recovery Plan by Contractor,
Owner shall advise Contractor in writing whether or not to proceed with the Recovery Plan as
submitted, or in accordance with commercially reasonable revisions thereto established by
Owner. Any such notice to proceed shall be by a Construction Change Directive. Additional
costs
incurred due to such overtime work and other actions which are the result of the Recovery
Plan shall not result in any adjustment to the Guaranteed Maximum Price.


 


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11.8.5 Contractor’s failure after written notice to provide a Recovery Plan within the time
requirements and to the extent required in this Section 11.8, or to immediately implement a
Recovery Plan upon receipt of a Construction Change Directive to do so, shall be material
breaches of this Contract.



11.9 Accelerations for Owner’s Convenience.





11.9.1 In the event Owner desires to accelerate the Project Schedule for reasons other
than delays caused by or attributable to the Contractor, Owner shall so notify Contractor in
writing.




11.9.2 Upon receipt of such written instruction, Contractor shall require its personnel
and its Subcontractors and Vendors to work such overtime hours and/or to increase their
respective work forces as are reasonably necessary to meet Owner’s acceleration goals.




11.9.3 In the event such an acceleration is ordered by Owner, Contractor shall be
entitled to an adjustment in the Guaranteed Maximum Price determined in accordance with
Article 18 of this Agreement.



11.10 Schedule Coordination.





11.10.1 Contractor shall schedule and coordinate the performance of the Work by Contractor’s
personnel, and Subcontractors and Vendors of any tier, in a manner that will enable
Contractor to achieve Interim Milestones by the respective Interim Milestone Dates and
completion within the Contract Time. Contractor acknowledges that at least a portion of the
Work will be performed under joint occupancy conditions at the Site.




11.10.2 Contractor shall cooperate with Owner and Owner’s other contractors so that both the
Contractor’s Work and the work of others will progress smoothly with a minimum of
disruptions and interference to any party.




11.10.3 Contractor shall schedule its Work and Project delivery of materials to comply with
all reasonable requests and suggestions of Owner in order to maintain the Project Schedule
within the limitations of all existing Site conditions and business operations of Owner.


 


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11.10.4 Contractor shall use all best efforts to not utilize any labor, materials or means
whose employment or utilization during the course of this Contract may tend to or in any way
cause or result in strikes, work stoppages, delays, suspension of Work or similar trouble by
workman
employed by its Subcontractors, or by any of the trades working in or about the Project and
Site where Work is being performed under this Contract, or by other contractors or their
subcontractors pursuant to other contracts, or on any other project and project site or
premises owned or operated by Owner. Any violation by Contractor of this requirement may be
considered as proper and sufficient cause for declaring Contractor to be in default, and for
Owner to take action against Contractor as set forth in the Contract Documents.




11.10.5 In case of disagreements or disputes regarding the schedule of Work by other
contractors or unnecessary interference to the Work caused by lack of cooperation between
other contractors and Contractor, Contractor shall fully cooperate to resolve any disputes
with or between other contractors. In case of disagreements or disputes between two or more
contractors, Owner shall be consulted and Owner’s decisions as to proper methods for
coordinating the Work shall be final.



11.11 Flow-Down Provisions




11.11.1 Contractor shall include the requirements of this Article 11 in all of its
subcontracts and purchase orders and shall use its best efforts to require Subcontractors and
Vendors to include the same provisions in all sub-tier subcontracts and sub-tier purchase orders.




11.11.2 Contractor shall be responsible to fully indemnify and hold Owner harmless
from any and all liens, claims, lawsuits, costs and expenses, including attorneys’ fees, which may
arise out of either the failure of the Contractor to fulfill its obligations pursuant to this
Article 11 and/or the Contractor’s failure to enforce the flow-down provisions as stated above.



11.12 Partial Occupancy or Use. Owner may occupy or use any completed or partially completed
portion of the Work at any stage, including opening portions of the Project to the public.
Notwithstanding any other provision of the Contract, any such partial occupancy or use shall not:
(a) constitute final acceptance of any Work, or (b) relieve Contractor of responsibility for loss
or damage because of or arising out of defects in, or malfunctioning of, any Work, material, or
equipment, or from any other unfulfilled obligations or responsibilities under the Contract
Documents; provided, however, Contractor shall not be liable for ordinary wear and tear resulting
from such partial occupancy and use by Owner. Contractor shall cooperate fully with Owner, as Owner
may request, in all aspects of Owner’s partial use and occupancy of the Work and Project,
including, without limitation, scheduling, allocation of utilities, access and storage, and all
other arrangements. Unless and until Owner issues a Certificate of Substantial Completion pursuant
to Section 12.1 below for such portion of the Work partially occupied or used by Owner, Owner shall
not be obligated to pay (but may in its sole discretion elect to pay)
Contractor Retainage relating to such portion of the Work at that time partially used or occupied
by Owner.


 


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11.13 Other. Subject to Owner making payment to Contractor of all amounts then due and owing to
Contractor under and subject to the Contract Documents, Contractor agrees to prosecute the Work and
to require all trade contractors to prosecute the Work in a timely and proper method and manner so
as to meet the dates reflected on the Project Schedule, including the Guaranteed Date of
Substantial Completion.



ARTICLE XII

SUBSTANTIAL AND FINAL COMPLETION




12.1 Substantial Completion Procedures and Requirements.





12.1.1
Notice of Substantial Completion. “Substantial Completion” means the stage in the
progress of the Work when (a) the Work in its entirety, or a designated portion thereof
which Owner agrees to accept separately, is sufficiently complete in accordance with the
Contract Documents and all applicable Laws to enable Owner to obtain a temporary Certificate
of Occupancy for the Work, or such designated portion thereof, or if the Owner can utilize
the Work for its intended use, whichever is earlier. In general, the only remaining Work
shall be minor in nature, so that Owner could occupy the building(s) comprising the Project
and fully utilize such building(s) on that date, and all elements are fully functionable and
operable as provided in the Contract, and the Final Completion of the Work by Contractor
would not materially interfere with, disrupt or hamper Owner’s use, occupancy or enjoyment
of the Project, including the intended normal business operations of the Project, or detract
from the aesthetic appearance of the Project. Contractor shall request an inspection for
purposes of Substantial Completion in writing when the Contractor considers that the Work in
its entirety, or a designated portion thereof which Owner has previously agreed in writing
to accept separately, is substantially complete in accordance with all requirements in the
Contract Documents.




12.1.2 Procedures for Substantial Completion. Procedures to be utilized to determine
Substantial Completion of the Work in its entirety, or a designated portion thereof, shall
be as follows:




12.1.2.1 Either party may initiate procedures for Substantial Completion of the
Work in its entirety or a designated portion thereof, but Owner shall not be
required to make a determination and accept partial Substantial Completion unless:
(a) specific areas or
phases of the Work are designated for partial Substantial Completion by Owner; or
(b) Owner assumes physical possession of a portion of the Work solely for purposes
of Owner’s full use and occupancy. The use or occupancy of a portion of the Work by
Owner or its other contractors to inspect and/or correct defective workmanship
pursuant to Article 10 of this Agreement or install FF&E or other work shall not be
considered as use and occupancy.


 


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12.1.2.2 Unless waived by Owner in writing, Substantial Completion of either the
Work in its entirety or a designated portion thereof shall not occur earlier than
the date of all designated or required governmental certificates of occupancy and
other permits, inspections and certifications for the Project or such portion
thereof as the case may be, have been achieved and issued to Owner by the relevant
governmental authority, and posted for the Project or such portion thereof, by the
relevant governmental authority (provided that a temporary certificate of occupancy
(“TCO”) rather than a permanent certificate of occupancy may have been achieved and
issued to Owner, and posted, so long as the obtaining of a temporary, rather than a
permanent, certificate of occupancy does not prevent any aspect of the Project from
being open to the general public).




12.1.2.3 If Owner or Owner’s Lenders disagree that Substantial Completion has been
achieved, Owner shall provide the Contractor with an advisory opinion of the items
which should be completed or corrected for purposes of Substantial Completion.
Owner’s failure to advise Contractor of any items specified in the Contract
Documents shall not alter the Contractor’s responsibility to complete all Work
necessary for Substantial Completion in accordance with the Contract Documents.




12.1.2.4 Upon receipt of Owner’s advisory opinion, Contractor shall complete
and/or correct all listed items. Contractor shall then submit its request to Owner
for another inspection to determine Substantial Completion. Such subsequent
inspection or re-inspections to determine if the Work is acceptable for purposes of
Substantial Completion shall be made jointly by Owner and Contractor.




12.1.2.5 Prior to the issuance of a Certificate of Substantial Completion by
Owner, the parties shall develop a final punch list which must be completed prior to
Final Completion. The final punch list shall include the Contractor’s Punch List
Items and other incomplete or missing items which Owner elected in its discretion to
waive for purposes of Substantial Completion.


 


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12.1.2.6 Immediately prior to the issuance of a Certificate of Substantial
Completion, Owner and Contractor shall jointly inspect and document the condition of
the Work, or designated portion thereof, at the time of Owner’s initial possession
to determine and record its condition. Such inspection and acceptance by Owner shall
not, however, alter the Contractor’s responsibility to complete all Work necessary
for Final Completion in accordance with the Contract Documents, including items
discovered by Owner after Substantial Completion.




12.1.2.7 Owner shall have the final decision as to whether or not Contractor has
achieved Substantial Completion. When Owner determines that the Work in its
entirety, or a designated portion thereof, is substantially complete and a TCO has
been obtained therefor, Owner shall prepare and issue a “Certificate of Substantial
Completion,” which shall certify the date of Substantial Completion.




12.1.3 Limitations. Notwithstanding any provisions in the Contract Documents which may
indicate otherwise, Owner’s acceptance of partial Substantial Completion and the possession,
use and occupancy of any portion of the Work prior to Substantial Completion of the Work in
its entirety, shall not in any manner constitute a waiver by Owner of any of the provisions
or requirements of the Contract Documents, including, but not limited to, Contractor’s
warranty obligations set forth in Article 10 of this Agreement and Contractor’s obligations
to achieve the Contract Time set forth in Article 4 of this Agreement.



12.2 Final Completion Procedures and Requirements.





12.2.1
Contractor’s Notice of Final Completion. “Final Completion” means that stage in
the progress of the Work when Owner and Owner’s Lenders determine that the Work has been
properly completed and equipped by Contractor in accordance with the Contract Documents,
including (a) completion of all punch list items (including Contractor’s Punch List Items),
(b) the submittal to Owner of all documentation as described in the Contract Documents,
(c) completion in compliance with all applicable Laws, and (d) all obligations of Contractor
under the Contract Documents (except for those obligations which are intended to be
satisfied after Final Completion) are fully satisfied, and the Work is otherwise
satisfactory to Owner and Owner’s Lenders. When Contractor considers that the Work is
finally complete, Contractor shall so notify Owner in writing requesting a Certificate of
Final Completion. Such notice shall be accompanied by, and it shall be a condition to Final
Payment and Final Completion that Contractor deliver to Owner, the following:




12.2.1.1 An affidavit that all payrolls (including all union dues, health,
welfare, pension plan and other labor associated contributions), invoices for all
labor, materials and
equipment and all other indebtedness connected with the Work for which Owner or its
property might in any way be responsible, and for which Owner has paid the
Contractor, have been paid or otherwise satisfied.


 


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12.2.1.2 Unconditional Final Lien Waivers from Contractor and all Subcontractors
and Vendors and all other persons providing any services, labor or materials in
relation to the Work, in the form of Exhibit N attached hereto, including certified
copies of waivers of all liens filed during the course of the Work and not
previously provided to Owner, and no liens, claims or other encumbrances have been
filed or are outstanding with respect to the whole or any part of or interest in
either the Site or the Work.




12.2.1.3 All final occupancy certificates obtained from any government authority
and all other required approvals and acceptances as necessary or required for the
full use and occupancy of all aspects of the Project by any city, county and state
authorities having jurisdiction and not previously provided to Owner;




12.2.1.4 All written guarantees and warranties under the Contract for Contractor
and Subcontractors and Vendors, all required operation and maintenance manuals for
major equipment required under the Contract all in form and substance satisfactory
to Owner; and assignment documentation assigning to Owner in form and substance
satisfactory to Owner any remaining warranties and guarantees pertaining to the Work
and not previously provided and assigned to Owner, and Contractor agrees to assist
Owner in the prosecution and enforcement of all such assigned warranties and
guarantees.




12.2.1.5 An affidavit certifying that Contractor has timely paid all federal,
state and local taxes due arising out of the Work in a form satisfactory to Owner.




12.2.1.6 An affidavit certifying that Contractor shall maintain completed
operations insurance in amounts required by the Contract Documents for a period of
two (2) years after Final Completion and a certificate of the insurer evidencing
that insurance required by the Contract Documents to remain in force after Final
Payment is currently in effect and will not be cancelled or allowed to expire until
at least 60 days’ prior written notice has been given to Owner.




12.2.1.7 All operating, maintenance, servicing and cleaning manuals and
instructions, spare parts, maintenance stocks and spare materials provided by
Subcontractors and Vendors and/or reasonably required by Owner for beneficial use of
the Work for its intended purpose, and if requested by Owner adequate verbal
instructions in the operation of mechanical, electrical, plumbing and other systems.


 


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12.2.1.8 A complete and accurate set of as-built Drawings pursuant to Section 7.14
of this Agreement, which clearly delineate any changes made to the latest approved
Drawings and Specifications.




12.2.1.9 An accounting of the credits due Owner for the value of any excess items
paid for by Owner and a complete detailed statement of the Cost of the Work showing,
without limitation, all expenditures for which state or federal tax credits or
deductions may be allowed.




12.2.1.10 Any documents, instruments, releases, affidavits, certificates and
indemnitee(s) reasonably required in order to permit Owner and Owner’s Lenders to
secure endorsements in form and content satisfactory to them to their respective
policies of title insurance for the Site, including without limitation that no
mechanics or materialmen’s liens appear of record, that all Lender Liens are of
first priority (including prior to any unrecorded liens or other lien rights), and
that there are no encroachments or violations of any recorded covenants, conditions
or restrictions affecting the Site.




12.2.1.11 Such documents and other items so that Owner will receive and Owner does
receive a release and complete refund without deduction or offset of all security,
bonds and/or cash amounts provided by or on behalf of Owner and held by or for the
benefit of any administrative or governmental agency.




12.2.1.12 If required by Owner or Owner’s Lenders, other data establishing payment
or satisfaction of obligations, such as receipts, releases and waivers of liens,
claims, security interests or encumbrances arising out of the Contract or the Work
which may then or in the future affect the Project or Site, and to the extent and in
such form as may reasonably be designated by Owner or Owner’s Lenders (if a
Subcontractor or Vendor refuses to furnish a release or waiver required by Owner,
Contractor shall within such time as set forth in Section 7.19 hereof furnish a bond
satisfactory to Owner to indemnify Owner against such lien and cause it to be paid
and released; if such lien remains unsatisfied after payments are made, Contractor
shall immediately refund to Owner and indemnify Owner against all money that Owner
may be compelled to pay in discharging such lien, including all costs and reasonable
attorneys’ fees).




12.2.1.13 Owner and Owner’s Lenders shall have received (at Owner’s expense) an
updated survey of the Site showing the Work “as built.”




12.2.1.14 Master, submaster and special keys with keying schedule.




 


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12.2.1.15 Consent of any surety to Final Payment.




12.2.1.16 An OCIP audit to Owner’s reasonable satisfaction.




12.2.1.17 Such other certificates, instruments and affidavits relating to the Work
as Owner or Owner’s Lenders may reasonably require.




12.2.2 Owner’s Inspection For Final Completion. Upon receipt of Contractor’s request for a
Certificate of Final Completion and all submittals that comply with Subsection 12.2.1
immediately above, Owner shall promptly make appropriate evaluations and inspections as
follows:




12.2.2.1 If Owner considers that the Work is fully completed in accordance with
the Contract Documents, Owner shall promptly so advise Contractor.




12.2.2.2 In the event that Owner or Owner’s Lenders does not agree that Final
Completion has been achieved, Owner shall promptly so advise the Contractor in
writing of the remaining items to be completed for purposes of Final Completion.




 12.2.2.3  After Contractor satisfies all remaining items necessary for Final
Completion, Contractor may submit a further written notice to Owner stating that
the Work is ready for re-inspection. All re-inspections to determine if the Work is
acceptable for purposes of Final Completion shall be jointly made by Owner and
Contractor.




12.2.2.4 Owner shall have the final decision as to whether Contractor has achieved
Final Completion. When Owner agrees that the Work is finally complete, which
agreement Owner agrees not to unreasonably delay, Owner shall prepare and issue a
“Certificate of Final Completion,” which shall set forth the date of Final
Completion, and Owner may file a Notice of Completion.




 


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ARTICLE XIII

CONCEALED CONDITIONS AND UNCOVERING OF WORK




13.1 Concealed Conditions.





13.1.1 In the event that unknown and concealed conditions are encountered in the Work which
are of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inherent in the Work, and which cause a delay in the critical path
portion of the Work, and which: (a) are not identified in the Contract Documents, (b) were not otherwise
known to Contractor, and (c) could not have been discovered by Contractor prior to the
Effective Date through the exercise of due diligence consistent with the terms of the
Contract Documents, then the Guaranteed Maximum Price and the Contract Time shall be subject
to adjustment by Change Order and in accordance with Section 11.6 hereof; provided, however,
that Contractor must demonstrate its compliance with its representations including those set
forth in Section 7.1 of this Agreement.




13.1.2 Contractor shall notify Owner in writing within five (5) calendar days after the
first observance of conditions described in Subsection 13.1.1 immediately above.




13.1.3 It is understood and agreed that Owner shall not be liable for any costs arising out
of concealed conditions that could have been discovered or anticipated by a prudent and
experienced contractor through the use of due diligence and consistent with Contractor’s
obligations, representations and warranties in the Contract Documents. This includes, but is
not be limited to, any costs arising out of the existence of obstructions such as utilities,
pipelines, conduits or any easement or right-of-way limitations which are reasonably shown
or inferable from the Contract Documents, or any obstructions which could have been
reasonably discovered during Contractor’s Site inspections or which are inherent in the Work
and could have been reasonably anticipated by the Contractor (Contractor may utilize the
Construction Contingency to cover costs relating to such items as provided in Section 3.1.6
hereof).



13.2 Covering of Work.





13.2.1 Contractor shall enable Owner to inspect all portions of the Work before they
are covered.




13.2.2 If a portion of the Work is covered without providing Owner with adequate advance
notice, or contrary to the request or direction of Owner or the provisions of the Contract
Documents, Contractor shall, if required in writing by Owner, uncover the Work for
observation. Such Work shall be replaced at Contractor’s expense without change in the
Contract Time.




13.2.3 If a portion of the Work has been properly covered in accordance with the Contract
Documents and after sufficient advance notice to Owner, Owner may subsequently request to
see such Work and it shall be uncovered by Contractor. If such Work is in accordance with
the Contract Documents, costs of uncovering and replacement shall, by appropriate Change
Order, be paid by Owner. If such Work is not in accordance with the Contract Documents,
Contractor shall be responsible for all costs and expenses of uncovering and replacement.


 


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ARTICLE XIV

INDEMNIFICATION




14.1 Indemnitee.





14.1.1 To the fullest extent permitted by law, Contractor hereby indemnifies and agrees to
protect, defend, and hold Owner, Architect, Pinnacle Entertainment, Inc. and Owner’s
Lenders, and their respective subsidiaries, affiliates, parent companies and their
respective members, officers, directors, managers, employees, agents, shareholders,
successors and assigns, heirs, administrators, and personal representatives (collectively,
“Owner Indemnitees”) harmless from and against any and all claims, liabilities, obligations,
losses, suits, actions, legal proceedings, damages, costs, expenses, awards, or judgments,
including, without limitation, reasonable attorneys’ fees and costs (whether or not suit is
filed) (collectively “Actions”), any Owner Indemnitee(s) may suffer or incur or be
threatened with and whether based upon statutory, contractual, tort or other theory, that
are: (i) imposed by law, or (ii) arise by reason of or relating directly or indirectly to
(a) the death of or bodily injury to any person or persons, including, without limitation,
employees of Contractor, (b) injury to property (including loss of use and the Work itself
and including all costs for repair or replacement of work, materials, supplies or equipment
(whether on or off Site or in transit), including whether lost, stolen, damaged or
destroyed), equipment or material, including, without limitation, any of the same resulting
or arising out of the performance of the Work performed by Contractor or any Subcontractor,
or Vendor, (c) violation of or failure to comply with or abide by any Laws, or variations
from the Contract Documents in the actual construction of the Work, (d) any infringement of
the rights of any third party, including, without limitation, copyright and patent rights
(in connection with which Contractor shall pay all royalties and license fees), (e) any stop
notices, mechanic’s liens or similar claims relating to any labor, services, materials,
goods or equipment whether provided by Contractor, Subcontractor or any Vendor and relating
to the Work, and (f) any breach or alleged breach of Contractor’s warranties,
representations, obligations, covenants or agreements set forth in the Contract, and
(iii) relate to or arise out of or result from, directly or indirectly, the performance of
the Work, or from any act or omission of Contractor, or any Subcontractor, or Vendor, anyone
directly or indirectly employed by them, or anyone for whose acts any of them are liable or
responsible at law or under the Contract Documents, to the extent caused by Contractor or
anyone under its control.


 


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14.1.2 To the fullest extent permitted by law, Owner hereby indemnifies and agrees to
protect, defend, and hold Contractor, and its subsidiaries, affiliates, parent companies and
their respective members, officers, directors, employees, agents, shareholders, successors
and assigns, heirs, administrators, personal representatives (collectively, “Contractor
Indemnitees”) harmless from and against any and all claims, liabilities, obligations,
losses, suits, actions, legal proceedings, damages, costs, expenses, awards, or judgments,
including, without limitation, reasonable attorneys’ fees and costs (whether or not suit is
filed) (collectively “Actions”), any Contractor Indemnitee(s) may suffer or incur or be
threatened with and whether based upon statutory, contractual, tort or other theory, that
are: (i) imposed by law, or (ii) arise by reason of or relating directly or indirectly to
(a) the death of or bodily injury to any person or persons, including, without limitation,
employees of Owner, (b) injury to property and (c) any breach or alleged breach of Owner’s
warranties, representations, obligations, covenants or agreements set forth in the Contract,
and (iii) relate to or arise out of or result from, directly or indirectly, any act or
omission of Owner, to the extent caused by Owner or anyone under its control).



14.2 Defense Costs. Subject to the limitations set forth in Section 14.3 immediately below, the
indemnification provisions of Section 14.1 above, including defense costs, shall include all
attorneys’ fees, investigation costs, expert witnesses, court costs, and other costs and expenses
incurred by the Owner Indemnitee(s) and Contractor Indemnitee(s), as the case are, to the extent
their interests appear.



14.3 Hazardous Materials. Contractor, its Subcontractors, and Vendors shall have no
responsibility for the discovery, presence, handling, removal or disposal of pre-existing hazardous
materials discovered on the Site, including asbestos, asbestos products, poly-chlorinated biphenyl
(PCB) or other substances classified as hazardous by the Environmental Protection Agency of the
U.S. Government or any other federal, state or local government agency, except to the extent
addressed or covered in the Contract Documents or otherwise made known to or reasonably foreseeable
by Contractor. If Contractor discovers the presence of any hazardous materials at the Site not
otherwise called out in the Contract Documents or otherwise made known to or reasonably foreseeable
by Contractor, Contractor shall promptly report the presence and precise location of any such
materials to Owner and immediately stop Work in the affected area unless requested otherwise by
Owner.



14.4 Other Limitations. In the event of contributory negligence by any Owner Indemnitee(s) or
Contractor Indemnitee, as the case may be, the indemnifying party shall only be liable for payment
of such claims and losses (including defense costs) in direct proportion to the indemnifying
party’s percentage of fault, if any, as determined by a court of competent jurisdiction, or as may
be mutually agreed upon by Owner and Contractor. The indemnification obligations in this Article 14
shall not be construed to negate, abridge, or reduce other rights or obligations of Contractor or
Owner, including, but not limited to, any obligation of indemnitee which would otherwise exist at
law or otherwise
in favor of an Owner Indemnitee or Contractor Indemnitee. If any Action occurs or is threatened,


 


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 the indemnifying
party shall defend the Owner Indemnitee(s) or Contractor Indemnitee(s), as the case may be, with
counsel reasonably acceptable to such Indemnitee, at the indemnifying party’s expense, unless such
Indemnitee elects to defend itself, in which case the indemnifying party shall pay for such
Indemnitee(s) reasonable defense costs. The indemnification obligation of Contractor (or any
Subcontractor) and Owner under this Article 14 or otherwise under the Contract Documents, shall not
be limited in any way by any limitation on the amount or type of insurance coverage’s carried
whether pursuant to the Contract Documents or otherwise, the amount of insurance proceeds available
or paid (except the indemnifying party shall be entitled to an offset against their indemnitee
obligation to the extent of any insurance proceeds actually received by the indemnitee, without
condition or reservation, relating to any Action for which the indemnitee seeks to be indemnified
pursuant to an indemnitee in this Agreement), or any limitation on the amount or type of damages,
compensation or benefits payable by or for Contractor or any Subcontractor or Owner or other person
or entity under workmen’s compensation acts, disability benefit acts or other employee benefit
acts. Provided, however, the liability limitations of Section 4.4 hereof shall apply to and limit
Contractor’s indemnitee obligations in this Article 14 solely to the extent relating to damage for
delay as set forth therein, and the liability limitations and releases in favor of Owner set forth
in the Contract Documents, including Sections 11.7, 17.2.2, 17.3.2, 17.4, and 17.6 of this
Agreement, shall be and are express limitations on Owner’s indemnitee obligations under this
Article 14 (and all such indemnitee obligations are expressly subject to any and all limitations on
Owner’s liability set forth in the Contract Documents).



14.5 Survival of Indemnification Provisions. The Contractor’s indemnitee obligations set forth
in this Article 14 shall apply irrespective of whether or not any Subcontractors or Vendors obtain
or fail to obtain insurance coverage’s as required herein, shall apply during the performance of
any Work, and along with Owner’s indemnitee obligation in this Article 14 shall survive any
termination of this Contract or the Final Completion of the Work.



14.6 Risk. Except to the extent expressly covered by the OCIP referenced in Article 15 below or
otherwise expressly provided for in the Contract Documents, all Work (i) covered by the Contract
Documents, (ii) done at the Site, (iii) in preparing or delivering materials or equipment, or
(iv) providing services for the Project, or any or all of them, to or for the Project, shall be at
the sole risk of Contractor.


 


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ARTICLE XV

INSURANCE




15.1 Owner Controlled Insurance Program.





15.1.1 The Owner, at its expense, has implemented an Owner Controlled Insurance Program
(“OCIP”) to furnish certain insurance coverage’s with respect to on-Site activities. The
OCIP will be for the benefit of the Owner and enrolled Contractor and enrolled
Subcontractors of all tiers (unless specifically excluded) who have on-Site employees. Such
coverage applies only to Work performed under the Contract Documents at the Site. The OCIP
shall not include, and the Owner shall not be responsible for providing, any insurance
coverage’s other than those specifically identified in the OCIP Manual (described in
Section 15.1.2 below). In addition, the first $25,000 of each loss or damage covered under
the Builder’s Risk Insurance policy, or uninsured losses, shall be paid for by the
responsible Contractor or Subcontractor. The Builder’s Risk insurance provided by Owner also
does not cover loss of, or damage to, any tools, implements, equipment, scaffolds, formwork,
machinery, cranes, consumables, office trailers, tool sheds, temporary structures or
anything else which is not intended to become a permanent part of the finished Project. The
Contractor and eligible Subcontractors must provide their own insurance for off-Site
activities and automobile liability pursuant to the OCIP Manual and the costs of such
insurance for Contractor shall be a Cost of the Work. To the extent Contractor and or any
Subcontractor becomes ineligible for the OCIP or is no longer covered by the OCIP,
Contractor and such Subcontractor shall provide all required insurance under the OCIP Manual
as a Cost of the Work.




15.1.2 Details concerning the OCIP are provided in the OCIP Manual which is attached hereto
as Exhibit P and incorporated herein by this reference, and which has been made available to
Contractor and its Subcontractors, for use in preparing their bids and estimates and in
planning the performance of their Work. Contractor and each Subcontractor will participate
in the OCIP established for the project in accordance with the OCIP Manual. Participation in
the OCIP is mandatory but not automatic. Contractor shall, and Contractor shall cause all
Subcontractors to, complete all forms, submit the information required and abide by the
mandates established in the OCIP Manual. Any exceptions to this requirement must be approved
by Owner.




15.1.3 The Guaranteed Maximum Price agreed to by the parties under this Contract does not
reflect a credit for the estimated construction cost savings to be realized as a result of
the Owner’s furnishing of the insurance coverage’s provided under the OCIP. At the end of
the Project, prior to Final Payment, the Guaranteed Maximum Price will be adjusted as a
result of any variance between the actual savings amount and projected savings established
by the foregoing credit amount, pursuant to the OCIP audit. Contractor shall use all best
efforts to carefully review
all Subcontractor and pricing information to ensure that Owner is not required to pay a
second time as part of Cost of the Work, for insurance coverage’s Owner has already
purchased under the OCIP. Contractor shall also ensure that any Change Orders entered into
pursuant to this Contract are priced so as to define all insurance costs to the reasonable
satisfaction of the OCIP Manager.


 


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15.2 Evidence of Coverage.





15.2.1 Carriers Acceptable To Owner. All policies required of Contractor and
Subcontractors pursuant to this Contract shall be maintained with insurance carriers that
are acceptable to Owner and licensed in the State of Missouri.




15.2.2 Failure to Comply. Neither the Contractor nor any of its Subcontractors shall be
entitled to receive payment for any Work performed, or to commence operations or Work on the
Site or elsewhere until such time as they provide acceptable evidence of compliance with the
requirements of this Article 15. Any additional costs or delays caused by or arising out of
any failures to comply with this Article 15, including the failure to furnish acceptable
Certificates of Insurance prior to date of the Date of Commencement, shall be solely the
responsibility of Contractor and its Subcontractors.



15.3 Deductibles. If any policy required to be purchased pursuant to this Contract is subject to
a deductible, self-insured retention or similar self-insurance mechanism which limit or otherwise
reduces coverage, the deductible, self-insured retention or similar self-insurance mechanism shall
be subject to Owner’s and Owner’s Lender reasonable approval and the responsibility of solely the
Contractor in the event of any loss arising out of the acts or omissions of the Contractor, any
Subcontractor or Vendor.



15.4 Cooperation by the Parties. Owner and Contractor shall fully cooperate with each other in
connection with the collection of any insurance monies that are due in the event of a loss. Owner
and Contractor shall promptly execute and deliver such proofs of loss and other instruments which
may be required for the purpose of obtaining recovery of any such insurance monies.



15.5 Duration. All General Liability, Automobile Liability, Worker’s Compensation and Employer’s
Liability insurance required by this Contract shall be kept in force without interruption until
Final Completion of the Work in accordance with Section 12.2 above. Contractor and its
Subcontractors shall maintain completed operations insurance for a period of two (2) years after
Final Completion of the Work. The Builder’s All-Risk Insurance shall remain in force until
Contractor has achieved Final Completion of the Work in its entirety in accordance with
Section 12.2 above.


 


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15.6 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2)
the Architect, Architect’s consultants, separate contractors, if any, and any of their
subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other
causes of loss to the extent covered by property insurance obtained pursuant to this Article 15 or
other property insurance applicable to the Work, except such rights as they have to proceeds of
such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall
require of the Architect, Architect’s consultants, separate contractors described in the Agreement,
if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by
appropriate agreements, written where legally required for validity, similar waivers each in favor
of other parties enumerated herein. The policies shall provide such waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even
though that person or entity would otherwise have a duty of indemnification, contractual or
otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person
or entity had an insurable interest in the property damaged.



ARTICLE XVI

SAFETY AND COMPLIANCE




16.1 Contractor’s Site Safety Responsibilities. Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work, and
without limiting the foregoing, shall take all reasonable precautions for the safety of, and shall
provide for all reasonable protections against loss of production time and prevent injury to, any
of its employees, Subcontractors, Vendors, or their respective employees or any other persons who
may be affected thereby, and all other persons at the Site or adjacent or nearby to the Site.
Contractor shall prepare a site safety plan and submit such plan to Owner for review and comment
prior to the commencement of Work. Such plan shall identify the location of the fire safety system,
alarm system, fire-fighting apparatus and exit routes. Safety gear shall be provided for
representatives of Owner, Owner’s Lender’s and Architect’s personnel and all others while on Site.
Contractor shall designate a person responsible for job safety. This person shall be thoroughly
familiar with Contractor’s safety manual and Owner’s Project Construction Safety and Health
Guidelines (described below), and shall require compliance of all applicable provisions of such
manual and Guidelines. Contractor shall keep a copy of such manual and Guidelines on the Site.
Contractor shall familiarize all Subcontractors and Vendors on safety measures.




 


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16.1.1 Contractor shall, and shall cause Subcontractors and Vendors to, take all
precautionary measures as required by applicable laws to prevent and correct fire causing
conditions, and shall conduct all operations with due regard for the avoidance of fire
hazards. Contractor shall exercise
the greatest care to prevent fires. The following minimum precautions shall be taken by
Contractor and Contractor shall cause each Subcontractor and Vendor to take the following
actions with regard to the Work:




16.1.1.1 Flammable liquids shall be stored in closed, approved, covered metal
containers, and as approved by the fire wardens. All paint and oily rags shall be
stored in approved containers and removed daily.




16.1.1.2 Each gasoline or diesel powered vehicle shall carry a fire extinguisher
of adequate size and type to extinguish a fire emanating from either the vehicle or
its load.




16.1.1.3 Contractor shall maintain a system of prompt detection and correction of
unsafe practices and conditions, and shall furnish and maintain all necessary first
aid equipment in a special location on the Site. Contractor shall investigate all
accidents promptly to determine cause and to take necessary corrective action, and
shall file required reports.




16.1.1.4 No exit, corridor, or stairwell shall be used for storage of materials
of any type.




16.1.1.5 All exits, corridors and stairwells must be accessible and free of
materials of any type except as necessary for the Work. Minimum exit widths as
required by Laws shall be maintained at all times.




16.1.1.6 Hard hat and construction areas shall be identified and posted. All
workmen and personnel in these areas shall wear a hard hat.




16.1.1.7 All electrical equipment and tools shall be of an adequate size to
accomplish the task at hand and shall be properly grounded.




16.1.1.8 Face, eye and respiratory protection shall be available and used when
the situation requires.




16.1.1.9 Provide and maintain suitable protections and enclosures around shafts,
stairs and other openings in floors.


 


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The foregoing requirements are not intended to be exclusive or exhaustive, and Owner shall not have
any liability in any way relating to any of the foregoing or the absence of other requirements from
the foregoing. Contractor shall be solely responsible to Owner for providing the Site a safe place
to work for all persons. Contractor also agrees to and shall cause all Subcontractors and Vendors
to, abide by
Contractor’s Project Construction Safety and Health Guidelines, attached as Exhibit O to this
Agreement. Notwithstanding anything herein or elsewhere in the Contract Documents, Contractor
shall be responsible for adherence to all OSHA safety regulations for its employees and Owner does
not waive or release any obligations of Contractor for same; however, as between Contractor and any
subcontractor, the subcontractor shall be responsible for the safety of its employees. This clause
in no way affects the Contractor’s obligation to adhere to OSHA or other applicable safety
regulations as it relates to the Owner.



16.2 Compliance. In addition to the requirements of Section 16.1 immediately above, Contractor
shall give all notices, file all reports and obtain all permits which are applicable to the
Contractor’s operations or performance of the Work. Upon request, Contractor shall furnish Owner
and Owner’s Lenders with copies of all such notices, statements, reports, certificates or permits
evidencing compliance. Contractor shall also keep Owner informed of any changes in Laws which may
affect Contractor’s performance of the Work or Owner’s use thereof. Contractor shall indemnify,
defend and save harmless Owner and the other Owner Indemnitee(s) from and against any and all
claims, losses, liabilities, fines or penalties in any manner arising out of Contractor’s failure
to comply with this Article 16.



ARTICLE XVII

TERMINATION OR SUSPENSION OF THE CONTRACT




17.1 Material Default by Contractor. Owner may, following expiration of the applicable period
described in Section 17.1.1 below, and without prejudice to any other rights or remedies of Owner,
terminate this Contract in its entirety, or may elect to terminate any portion of the Contractor’s
Work, for default if the Contractor, including any Subcontractor or Vendor, fails to perform any of
its material obligations under the Contract Documents, including fails to perform the Work in a
diligent, expeditious, workmanlike and careful manner strictly in accordance with the Contract, or
any breach of its material obligations in the Contract Documents. Upon such default, Owner may take
possession of the Site and of all materials, tools, equipment and machinery thereon and may finish
the Work by whatever method Owner may in good faith deem desirable and or expedient (or may elect
not to finish the Work).




17.1.1 Notice Of Default By Owner. The Contractor shall promptly correct any default to
Owner’s satisfaction within five (5) calendar days following receipt of written notice of
default from Owner. If correction within said five (5) days is not possible, Contractor
shall commence and diligently continue effective action to correct such default to Owner’s
satisfaction, but not later than sixty (60) days following receipt of Owner’s notice (except
for such longer period as may otherwise be reasonably approved in writing by Owner and
Owner’s Lenders). In the event that
the Contractor fails to take and diligently pursue effective corrective actions, Owner may
hold in abeyance further payments to Contractor and/or terminate the Contract by written
notice specifying the date of termination and without prejudice to any other remedy Owner
may have.


 


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17.1.2 Other Defaults. Owner may also elect to declare Contractor in material default and
may terminate Contractor immediately upon written notice (unless a longer period is
otherwise expressly provided in this Agreement with regard to the matter in Sections
17.1.2.1 through 17.1.2.5 below, it being agreed that the cure periods in Section 17.1.1
above do not apply to Sections 17.1.2.1 through 17.1.2.5) and/or take such other action as
Owner may be allowed, in the event of any of the following:




17.1.2.1 The commencement of an action or petition by or against Contractor under
applicable bankruptcy laws, or any general assignment by Contractor for the benefit
of its creditors or the appointment of a receiver or trustee to take charge of
Contractor’s assets;




17.1.2.2 Contractor’s insolvency;




17.1.2.3 The recordation of a mechanics’ or materialmens’ lien on the Site or the
Work by a Subcontractor, Vendor, laborer, materialman, or supplier or any other
party providing services or material engaged by, on behalf of, or acting under the
direction of Contractor or any Subcontractor or Vendor in connection with the Work,
provided that such lien is not removed of record or satisfied by bond or other
security, in an amount and with a bonding company reasonably satisfactory to Owner
and Owner’s Lenders within the time periods set forth in and pursuant to
Section 7.19.2 hereof;




17.1.2.4 Failure of Contractor for five successive days or an aggregate of seven
days in any thirty (30) day period (other than Sundays or national holidays), to
have an adequate number of laborers or Subcontractors at the Site who are actively
and productively working on the Project, unless a Force Majeure Delay or Owner Delay
exists for such absence, unless within five (5) days after written notice from Owner
Contractor has and thereafter maintains an adequate number of laborers and
Subcontractors on Site actively and productively working on the Project;




17.1.2.5 Failure of Contractor after five days following request from Owner to
provide Owner with satisfactory evidence of funds available to make up any overage
with regard to the Guaranteed Maximum Price as required under Section 3.1.3 of this
Agreement; or


 


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17.1.3 Stop Work Orders. In the event of any material breach or default of this Contract,
and in lieu of declaring termination for default, Owner may elect to stop, delay, reduce or
interrupt any
operations of Contractor or any affected Subcontractors or Vendors until such default or
failure is remedied to Owner’s satisfaction. No part of the time lost due to stop work
orders or delay, reduction or interruption by Owner arising out of such material breaches
shall be made the subject of a claim for extension of time or for increased costs or damages
by Contractor. No increase or upward adjustment shall be made in the Guaranteed Maximum
Price or Contractor’s Fee for, and in no event shall Owner be liable for, or Contractor or
any Subcontractor or any other party performing any Work on the Site be entitled to, any
lost opportunity, lost profit or consequential damages claimed or alleged by Contractor, any
Subcontractor or any other party performing any Work on the Site and relating to any such
stoppage, reduction, suspension, delay or interruption. The issuance of a stop work order or
delay, reduction or interruption by Owner shall not prejudice Owner’s right to subsequently
terminate for default.




17.1.4 Owner’s Rights upon Termination for Default. If all or a portion of the
Contractor’s Work is terminated pursuant to this Section 17.1, Contractor shall not be
entitled to receive any payment until after Final Completion by others and after Owner has
assessed its additional costs and damages arising out of such termination, including, but
not limited to, Owner’s additional costs for completing all or the relevant portion of the
Work. Upon such termination, Contractor shall immediately undertake all necessary steps to
mitigate against Owner’s damages, and shall:




17.1.4.1 Cease operations and vacate the Site to the extent specified in the notice
of default;




17.1.4.2 Place no further orders and enter into no further subcontracts or purchase
orders for materials, labor, services or facilities that relate to the terminated
Work;




17.1.4.3 Upon Owner’s request, terminate all subcontracts and purchase orders
which relate to the terminated Work;




17.1.4.4 Upon request and as directed by Owner, assign (and/or Owner may accept
the assignments made in this Agreement, as the case are) all of Contractor’s right,
title and interest to all subcontracts, purchase orders, rental agreements,
materials, supplies and equipment using forms satisfactory to Owner and otherwise
assist Owner in the orderly and expeditious transfer of such rights;




17.1.4.5 Turn over to Owner the originals of the Project Schedule and all Schedule
Updates including all computer data bases on diskettes; all Drawings, Specifications
and other construction documents; all as-built drawings, calculations and such other
Work-related documents and all items and things for whose cost Contractor requests
or has requested reimbursement or payment;


 


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17.1.4.6 Proceed to complete the performance of all Work not terminated;




17.1.4.7 Take such actions that may be necessary, or that Owner may direct, for
the protection and preservation of the terminated Work;




17.1.4.8 Advise Owner of all outstanding subcontracts, rental agreements and
purchase orders which Contractor has with others pertaining to the terminated Work
and furnish Owner copies thereof;




17.1.4.9 Remove all of its property from the Site and Owner’s premises. Any
property not so removed may be removed by Owner at Contractor’s expense; and




17.1.4.10 Allow Owner to take possession of all materials of any kind that have
been paid for, that are to be incorporated into the Work, or to which Owner has any
ownership rights or interest, and finish the Work and provide the materials therefor
or contract with others to do so by whatever method Owner deems expedient and
execute and do all such assurances, acts and things as Owner may consider expedient
to facilitate Owner’s taking of possession of the Site and materials, equipment,
machinery and tools thereon, and shall give all notices, orders and directions which
Owner may think expedient for the purposes hereof.




17.1.5 Payment to Contractor.




17.1.5.1 If Owner terminates the Contract for Contractor’s breach or default,
Contractor shall thereafter only be entitled to reimbursement (subject to
Section 17.1.5.3 hereof) only of such amount (if any), by which:




	 	(a)	 	the (i) Cost of the Work actually and properly completed by
Contractor in accordance with the Contract Documents up to the date of such
termination (and not cancelable or refundable), plus (ii) the pro rata portion
of Contractor’s Fee thereon (subject to satisfaction of the conditions
applicable to progress and Final Payment contained in the Contract Documents as
the case may be), but the foregoing amounts shall not exceed the portion of the
Guaranteed Maximum Price (including Contractor’s Fee) fairly allocable to the
Work so completed, exceeds




 


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	 	(b)	 	the total of (i) all payments theretofore made to Contractor
under the Contract Documents, and (ii) all damages and other costs and expenses
incurred by Owner directly or indirectly, arising out of or as a result of,
Contractor’s breach or default, including, without limitation, the cost of any
additional consultants’ services, or managerial and administrative services
required thereby, any additional costs
incurred in retaining another contractor or other Subcontractors, any additional
financing, interest or fees and other costs that Owner must pay by reason of a
delay in completion of the Work, Owner’s termination of Contractor and the
finishing of the Work by another method after such termination, attorneys’ fees
and expenses, and any other damages, costs, and expenses Owner may incur in
completing the Work as a result of Contractor’s breach or default including if
Owner elects to complete the Project after such termination, the amount by which
the actual cost of completing the Project (including components of the Project
that are not part of the Work) is greater than what such actual cost (including
the actual cost of components of the Project that are not part of the Work)
would have been if Contractor had fulfilled its obligations under the Contract
Documents, and if Owner elects to not complete the Project after such
termination Contractor hereby acknowledges that Owner has the right to so elect
without Owner waiving Contractor’s liability for damages arising out of the
breach by Contractor that led to its termination, all damages suffered by Owner
arising out of Contractor’s breach of this Agreement.






17.1.5.2 If the amount referred to in Section 17.1.5.1.(b) hereinabove exceeds
the amount referred to in Section 17.1.5.1.(a) hereinabove, Contractor shall pay the
difference to Owner immediately upon Owner’s demand.




17.1.5.3 Any reimbursements or payments made to Contractor under this
Section 17.1.5 are conditioned on (a) Contractor previously having delivered to
Owner possession and unfettered access to the Work and Site and all materials,
equipment, tools and the like (undamaged and in good condition) which Owner has paid
for and/or been billed for, (b) all the applicable items listed in, and performance
of all the applicable obligations described in Section 12.2.1 of this Agreement have
been satisfied, and (c) Contractor complies with such other obligations under the
Contract Documents as Owner or Owner’s Lenders reasonably requires.


17.2 Termination for Convenience. The parties’ rights and remedies in the event of termination
by Owner of all or a portion of the Work for Convenience shall be as follows:




17.2.1 Notice of Termination For Convenience. Owner may cancel this Contract in its
entirety, or may elect to terminate any portion of the Contractor’s Work, and take
possession of the Site and all materials, tools, equipment and machinery thereon and finish
or not finish the Work by whatever method Owner may desire, at any time upon written notice
to Contractor solely for Owner’s convenience and without regard to any fault or failure to
perform by Contractor or any
other party. Upon receipt of such notice of termination, Contractor shall immediately and in
accordance with instructions from Owner proceed as follows:


17.2.1.1 Cease operations to the extent specified in the notice;




17.2.1.2 Place no further purchase orders and enter into no further subcontracts
for materials, labor, services or facilities that relate to the terminated Work;



 


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17.2.1.3 Cancel all subcontracts and orders that relate to the terminated Work;




17.2.1.4 Proceed to complete the performance of all Work not terminated;




17.2.1.5 Take such actions that may be necessary, or that Owner may direct, for
the protection and preservation of the terminated Work; and




17.2.1.6 Take such action, including those actions in Section 17.1.4 hereof, as
owner may direct.




17.2.2 Payment upon Termination for Convenience. In the event of termination for
convenience, Contractor shall be paid as follows: Owner’s sole obligation and liability to
Contractor shall be (i) to reimburse Contractor (and Contractor’s exclusive remedy shall be
to receive reimbursement) for the Cost of the Work incurred (and not cancelable or
refundable) by Contractor for Work properly performed and completed by Contractor up to the
date of termination and approved by Owner in accordance with the Contract, plus
(ii) reasonable demobilization costs, and (iii) that pro-rata portion of Contractor’s Fee
applicable to such completed Work (and subject to satisfaction of the conditions applicable
to payments to Contractor set forth in the Contract Documents, including for progress
payments, and Final Payment as applicable) less all payments previously made to Contractor
under the Contract and any amounts owed by Contractor to Owner under the Contract.



17.3 Suspensions by Owner





17.3.1 Owner’s Right to Suspend for Convenience. Owner may at any time, with or without
cause, suspend, delay, reduce or interrupt performance of all or any portion of the Work for
such period or periods as Owner elects by giving Contractor written notice specifying which
portion of the Work is to be suspended and the effective date of such suspension. Such
suspension, delay or interruption shall continue until Owner terminates such suspension,
delay or interruption by written notice to Contractor. No such suspension, delay,
interruption or reduction by Owner shall constitute a breach or default by Owner under the
Contract Documents. Contractor shall continue to diligently perform any remaining Work that
is not suspended, delayed, reduced or interrupted
and shall take all actions necessary to maintain and safeguard all materials, equipment,
supplies and Work in progress affected by the suspension, delay, reduction or interruption.


 


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17.3.2 Payment upon Suspension for Convenience. In the event of suspension, delay,
reduction or interruption for convenience by Owner, Owner shall pay Contractor and the
Guaranteed Maximum Price shall be increased by such amounts (subject to the payment and
related requirements of the Contract Documents) as follows:




17.3.2.1 Additional Costs of the Work, if any, which are incurred by Contractor,
Subcontractors and Vendors as a result of continuing to maintain dedicated
personnel, materials and equipment at the Site at Owner’s request during any
suspension, delay or interruption period, including for the purpose of safeguarding
all material, equipment, supplies and Contractor’s Work in progress caused solely by
such suspension, delay or interruption ordered by Owner for convenience,; and




17.3.2.2 Other reasonable and unavoidable Costs of the Work, if any, which are
directly related to any subsequent re-mobilization of the suspended, delayed or
interrupted Contractor’s Work caused solely by such suspension, delay or
interruption ordered by Owner for convenience.




17.3.2.3 Provided, however, that no adjustment shall be made to the extent that
performance was otherwise subject to suspension, delay or interruption by another
cause for which Contractor is responsible.



17.4 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for
consequential damages arising out of or relating to this Contract. This mutual waiver includes, but
is not limited to:




	 	1.	 	damages incurred by the Owner for rental expenses, for losses of use,
income, profit, financing, business and reputation, and for loss of management or
employee productivity or of the services of such persons; and






	 	2.	 	damages incurred by the Contractor for principal office expenses
including the compensation of personnel stationed there, for losses of financing,
business and reputation, and for loss of profit except for Contractor’s Fee due and
payable for Work previously performed






This mutual waiver is applicable, without limitation, to all consequential damages due to
either party’s termination in accordance with Article 17. Nothing contained in this Section
17.4 shall be
deemed to preclude an award of liquidated direct damages, when applicable, in accordance
with the requirements of the Contract Documents.


 


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17.5 Other Rights and Remedies. Other rights and remedies available to Owner in the event of a
default or material breach by Contractor which is not timely cured in accordance with
Section 17.1.1 hereof, shall include, but not be limited to, the following, and all such rights and
remedies of Contractor in this Article 17 shall be non-exclusive, and shall be in addition to all
other rights and remedies available to Owner under the Contract, at law or otherwise:




17.5.1 A waiver by Owner of a default by Contractor shall not be considered to be a waiver
of any subsequent default by Contractor, nor be deemed to amend or modify the terms of this
Contract.




17.5.2 In the event of termination for cause, disputes as to whether a material breach of
contract occurred within the provisions of the Contract Documents shall be subject to
resolution pursuant to Article 22 of this Agreement. If Owner terminates this Contract in
whole or in part for default and a court of competent jurisdiction later determines that
such termination was improper or wrongful, then that portion of the improper or wrongful
termination shall automatically convert into a termination for convenience, and such
termination shall be treated as a termination for Owner’s convenience pursuant to
Section 17.2 of this Agreement.




17.5.3 Owner shall have the right and is authorized to cure such defaults and offset against
and deduct from amounts otherwise payable to Contractor any such costs, damages, attorneys’
fees and any other expenses suffered by Owner and arising out of such default including any
cure or attempted cure by Owner, and all consultants and professionals additional services.




17.5.4 Any termination pursuant to this Article 17 shall be without prejudice to any other
right or remedy of Owner pursuant to the terms of the Contract Documents or at law.



17.6 Contractor’s Remedies.





17.6.1 If payment from Owner for an Application for Progress Payment (exclusive of amounts
properly retained or withheld under the Contract), approved by Owner and Owner’s Lenders in
accordance with Sections 5.2 and 5.3 of this Agreement, has not been received by Contractor
within ten (10) days of the date payment is due pursuant to Section 5.3 of this Agreement,
interest shall thereafter commence to accrue (from the original due date of payment pursuant
to Section 5.3 hereof) on such delinquent amounts at then existing prime rate of Bank of
America N.A. plus one percent (1%) as announced in the Wall Street Journal, until paid, and
Contractor may upon written notice to Owner cease Work until such payment has been received,
in which
case the Guaranteed Date of Substantial Completion will be extended by the number of days of
the cessation of Work and the Guaranteed Maximum Price will be increased, subject to the
provisions of Section 11.6 hereof. If payment of undisputed amounts to which Contractor is
otherwise then entitled pursuant to the terms of this Agreement are not paid by Owner to
Contractor within fourteen (14) days after the expiration of the ten (10) day period
hereinabove and written notice by Contractor that the same are past due, Contractor may
terminate this Agreement upon an additional five (5) business days’ written notice to Owner.


 


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17.6.2 If Contractor terminates this Agreement with cause in accordance with this Agreement
and such termination is accepted by Owner or challenged by Owner but upheld by a court of
competent jurisdiction, Contractor shall be entitled, as its exclusive remedy (but including
Section 24.7 hereof), to the recovery of the amounts (if any) to which Contractor would have
been entitled had Owner, pursuant to Section 17.2 of this Agreement, terminated this
Agreement for convenience effective as of the date this Agreement is so terminated by
Contractor. Contractor, notwithstanding any provision of this Agreement or otherwise, shall
in no event be entitled to or seek recovery of any other amounts (including, without
limitation, consequential damages, lost profits, overhead, or similar amounts) in the event
of any termination, including but not limited to under this Section 17.6.



ARTICLE XVIII

CHANGE IN THE WORK




18.1 Change. A “Change” in the Work means an increase, decrease, variation, modification or
change in Contractor’s Work from that indicated in the Contract Documents, or modification to the
Project Schedule. Suspensions and terminations for convenience shall be governed by Article 17 of
this Agreement and shall not be considered a Change except to the extent provided therein. A Change
can only be implemented by a Change Order or by Construction Change Directive. Accordingly, no
course of conduct or dealings between the parties, nor express or implied acceptance of alterations
or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration or
addition to the Work, whether or not there is in fact any such unjust enrichment, shall be the
basis for any claim to an increase in the Guaranteed Maximum Price or extension of the Contract
Time. Changes in the Work shall be performed under applicable provisions of the Contract Documents,
and Contractor shall proceed promptly, unless otherwise provided in the Change Order or
Construction Change Directive.



18.2 Change Order. A “Change Order” is a written instrument prepared by Contractor and signed by
Owner and Contractor, stating their agreement upon all of the following:




	 	(a)	 	a Change in the Work including a full description of such Change;
	 
	 	(b)	 	the amount of the adjustment, if any, in the Guaranteed Maximum Price; and/or
	 
	 	(c)	 	the extent of the adjustment, if any, in the Contract Time.





Methods used in determining adjustments to the Guaranteed Maximum Price or Contractor’s Fee may
include those listed in Section 18.4.3 hereof.


 


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18.3 Change Proposal Request. At any time and from time to time prior to Final Completion of the
Work, Owner may request Contractor to make Changes in the Work. If Owner desires a Change in the
Work Owner may, in its sole and absolute discretion and in writing, request a Change Proposal from
Contractor (“Change Proposal Request”). A Change Proposal Request shall set out, in reasonable
detail, the Changes in the Work requested by Owner. Within ten (10) days following its receipt of a
Change Proposal Request, Contractor shall issue a Change Proposal (as defined in Section 18.3.1
below). Contractor shall also issue a Change Proposal: (i) when Contractor reasonably believes that
a Change in the Work is necessary or desirable; or (ii) when a Change in the Work is made necessary
by Laws. If Contractor refuses or fails to timely provide a Change Proposal, or modifies or alters
a Change Proposal Request, or if Owner and Contractor are unable to agree in writing upon the terms
of the Change Proposal, including but not limited to: (i) the amount of increase or decrease in the
Guaranteed Maximum Price, or (ii) the length of extension or advancement, if any, of the Contract
Time, Owner: (a) may issue a Construction Change Directive pursuant to Section 18.4 hereof, (b) may
require Contractor to obtain at least three bids from qualified subcontractors to perform such
Change in the Work, and Owner may designate the subcontractor from said bidders to perform such
Change in the Work, or (c) may engage other contractors, subcontractors and/or laborers to perform
such Change in the Work, and Contractor shall cooperate fully with any such persons, and any such
hiring by Owner or issuance of a Construction Change Directive shall not affect this Agreement in
any manner (other than to provide for a reduction in the Guaranteed Maximum Price, equal to the
value of such Work (but not less than the amount budgeted therefor in the Guaranteed Maximum Price)
not being performed by Contractor, and in the Contractor’s Fee applicable thereto) and shall not be
deemed to be a constructive termination.




18.3.1
“Change Proposal” means a written proposal prepared and signed by Contractor
setting forth (i) the Changes in the Work requested by Owner or proposed by Contractor,
(ii) the amount of adjustment, if any, in the Guaranteed Maximum Price (including pursuant
to Section 18.4.3 below) due to such Change, and (iii) the extent of adjustment, if any, in
the Contract Time due to such Change. A Change Proposal is only a proposal unless and until
signed and accepted by Owner as a Change Order. Contractor shall also submit a Change
Proposal to fix the cost of Allowance Items in the Guaranteed Maximum Price.


 


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18.4 Construction Change Directive.




18.4.1
“Construction Change Directive” means a written order, requested by Owner,
prepared by Owner or Architect, and signed by Owner, and given to Contractor, directing a
Change in the Work and stating a proposed basis for adjustments, if any, in the Guaranteed
Maximum Price or Contract Time, or either of them or either combination of them.




18.4.2 Owner may, by Construction Change Directive, without invalidating or breaching the
Contract, order a Change in the Work.. Upon receipt of a Construction Change Directive,
Contractor shall promptly proceed with the Change in the Work involved (including
implementing any reductions or accelerations in the Work) and advise Owner of the
Contractor’s agreement (in which case Contractor shall sign and return the Construction
Change Directive) or disagreement with the method, if any, provided in the Construction
Change Directive for determining the proper adjustment, if any, in the Guaranteed Maximum
Price or Contract Time. Contractor agrees to immediately, when directed in writing by Owner,
perform the Change in Work diligently and without delay.




18.4.3 If the Construction Change Directive provides for an adjustment to the Guaranteed
Maximum Price, the adjustment may be based on one of the following methods:




	 	(a)	 	mutual acceptance of a lump sum properly itemized and supported
by sufficient substantiating data to permit evaluation;






	 	(b)	 	unit prices stated in the Contract Documents or subsequently
agreed upon; or






	 	(c)	 	cost to be determined in a manner agreed upon by the parties
and a mutually acceptable fixed or percentage fee, which cost shall be based
upon a proposal by the appropriate party. Any proposals from Subcontractors
shall not include any amounts for overhead and profit in excess of an aggregate
of ten percent (10%) of the cost of such Subcontractor’s Work, unless approved
by Owner.






18.4.4 A Construction Change Directive signed and unmodified by Contractor indicates the
agreement of Contractor therewith, including the method, if any, provided in the
Construction Change Directive for determining the adjustment, if any, in the Guaranteed
Maximum Price or Contract Time. Upon Contractor’s written acceptance and delivery thereof to
Owner of the unmodified Construction Change Directive, that Construction Change Directive
shall become a Change Order. If Contractor fails to advise Owner of its agreement or
disagreement with the proposed adjustment in the Guaranteed Maximum Price or Contract Time
within thirty (30) days after the delivery of the Construction Change Directive to
Contractor, then the Construction Change Directive shall be deemed approved and shall become
a Change Order, and Contractor
shall have no right to any adjustment to the Guaranteed Maximum Price or Contract Time in
excess of the adjustments, if any, provided in the Construction Change Directive.


 


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18.4.5 If Contractor disagrees with the method or adjustment in the Guaranteed Maximum Price
or the Scheduled Completion Date within the ten (10) calendar day time period provided in
Subsection 18.4.4 above, and the parties are unable within a reasonable period of time to
reach an agreement, the matter shall be resolved under Article 22 of this Agreement.



18.5 Determination of Increases in Guaranteed Maximum Price.




18.5.1 Notwithstanding any other provision in the Contract Documents, and regardless of
pricing method for any Change, any increase in the Guaranteed Maximum Price as a result of
net Changes in the Work (including a Construction Change Directive), shall not exceed the
sum of: (a) the aggregate additional amounts (if any) actually paid by Contractor to its
Subcontractors and Vendors for the applicable Change in the Work, without mark-up or other
add-on by Contractor, and (b) the actual increase (if any) in the Cost of the Work incurred
by Contractor with respect to the applicable Change in the Work to the extent (if any) such
Change performed by Contractor directly plus the Contractor’s Fee. Any and all amounts or
items excluded from the determination of the Cost of the Work, including all Non-Allowable
Costs of the Work, shall also be excluded from the determination of the cost of any Change
in the Work.



18.6 Simultaneous Submittal Requirements. In the event that Contractor considers that any Change
Proposal Request or Construction Change Directive may involve Changes to both the Guaranteed
Maximum Price and the Contract Time, it shall be the Contractor’s fundamental duty and an essential
requirement of this Contract to make simultaneous submittals of all documents necessary to
establish both such Changes in accordance with this Article 18, and to simultaneously prove
entitlement to both such Changes, and without any reservation of rights for future consideration.



18.7 Continued Performance. Notwithstanding the status of any proposed, pending or disputed
Change (including any Construction Change Directive) pursuant to this Article 18 or any Claim
pursuant to Article 20 below, or any dispute, and so long as Owner continues to timely make payment
to Contractor of amounts properly due Contractor under and subject to the terms of the Contract
Documents and not in dispute, Contractor shall not be entitled to and will not suspend any services
under the Contract Documents, but will continue to be bound by the terms and conditions of the
Contract Documents and will continue to perform all services thereunder and proceed diligently with
the performance of its Work in accordance with the terms hereof, including completing any Work
described in any Construction Change Directive, unless Owner directs in writing otherwise.


 


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18.8 Effect of Change Orders





18.8.1 Execution of a formal Change Order as defined in Subsection 18.1.2 above shall be the
sole procedure for settlement of any and all issues concerning the Guaranteed Maximum Price
and/or Contract Time, including any settlement based on a Claim pursuant to Article 20
hereof or pursuant to Article 22 hereof.




18.8.2 No Change shall be deemed as settled unless and until the parties sign a formal
Change Order which fully and finally settles all pending issues pertaining to increases or
decreases in the Guaranteed Maximum Price and/or the Contract Time. In that regard, the
parties hereby agree that a signed Change Order shall be inclusive of any and all direct,
indirect, consequential costs, damages or losses based upon any theory of recovery;
including, but not limited to: actual damages; all time-related costs; total costs; modified
total costs; Eichleay formula or other equitable adjustment theories; full compensation for
general conditions; extended site supervision and administration; all field, site, branch
and/or home office overheads; all general and administrative costs; and any other similar
direct, indirect and/or time-related costs howsoever derived or formulated.




18.8.3 Any statement added by the Contractor to the face of an otherwise valid Change Order,
or contained in any transmittal or separate correspondence wherein the Contractor attempts
to reserve rights to seek any further increases in the Contractor’s Fee, Guaranteed Maximum
Price and/or Contract Time shall be null and void.




18.8.4 Once the actual cost of such Change and corresponding extension, if any, in the
Contract Time have been determined, prior to using such actual cost to make any increase in
the Guaranteed Maximum Price, or extension in the Contract Time, such actual cost and/or
extension, as the case may be, shall be reduced and offset by any and all reductions or
Changes in the Work which result in reduced Costs of the Work and/or advancement of the
Contract Time, as the case may be (i.e., changes in the Work shall be netted out).



18.9 Verbal Instructions and Minor Changes in the Work. Contractor shall not be entitled to rely
upon, and shall not implement any Change based only on, Owner’s verbal instruction, except in
emergency situations and when necessary to prevent the imminent threat of personal injuries or
damage to the Work or Owner’s existing property, or for minor Changes within Contractor’s scope of
Work which do not involve an adjustment in the Guaranteed Maximum Price or an extension of the
Contract Time (“Minor Changes”). Such Minor Changes may be effected by written or verbal order at
Owner’s election at any time. If the Contractor does not agree that such order constitutes a Minor
Change, Contractor shall submit a Change Proposal pursuant to Section 18.3.1 above; provided,
however, Contractor shall still promptly perform the Work specified in the instruction or order
from Owner.


 


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18.10 Waiver and Release of Contractor’s Rights. Contractor hereby confirms its willingness and
ability to comply with the requirements of this Article 18. Contractor’s failure to first comply
with the requirements of this Article 18, including the timely notice requirements, shall
constitute a waiver and release by Contractor of any and all rights to pursue a Claim as defined in
Article 20 below.




18.10.1 Surety Waivers. Individual Change Orders or Construction Change Directives as
described in the Contract Documents which when combined do not in the aggregate exceed ten
percent (10%) of the Guaranteed Maximum Price, shall not be subject to inspection or
approval by Contractor’s surety on any performance or labor and material payment bond,
whether or not the Change Orders (or Construction Change Directives) encompass “substantial”
Changes in the scope of Work undertaken by Contractor. Contractor and/or Owner shall provide
notice to the bonding company or companies which are identified as the issuer(s) of the
Contractor’s Performance and Payment Bond pursuant to Section 7.18.1 hereof (at the address
provided in such Performance and Payment Bond), of the mutual execution of any Change Order
that on a net basis increases the Guaranteed Maximum Price, and concurrent with such notice
Owner shall provide notice to such bonding companies of the funding sources which Owner
intends to utilize for such Change Orders.



ARTICLE XIX

RECORD KEEPING AND AUDIT RIGHTS




19.1 Required Accounting Records. To facilitate audits by Owner or Owner’s Lenders, including,
without limitation, for any purpose related to Change Orders, Changes or Change Proposals,
Contractor shall at all times implement and maintain, and require its Subcontractors and Vendors to
implement and maintain, such cost control systems and daily record keeping procedures as may be
necessary to attain proper fiscal management and detailed financial records for all costs related
to the Work and as are otherwise reasonably satisfactory to Owner and Owner’s Lenders. All cost and
pricing data shall include, without limitation, the identification of any markups, vendor
quotations and pricing methodologies. Records to be maintained by the Contractor, its
Subcontractors and Vendors for purposes of the Contract, including for purposes of all audits
conducted pursuant to this Article 19 shall include, but not be limited to the following:
(a) payroll records and payroll burden costs on actual wages and salaries (payroll taxes,
insurance, benefits, etc.); (b) all correspondence, minutes of meetings, daily logs including
schedule status reports, memoranda and other similar data; (c) items such as bids, proposals,
estimating work sheets, quotes, cost recaps, tabulations, receipts, submittals, tax returns (except
solely income tax returns), general ledger entries, canceled checks and computer data relating to
the Work and this Contract, and (d) all other data relating to or arising out of the Work and any
other similar supporting
documentation reasonably required by Owner or Owner’s Lenders. It is further agreed that records
subject to audit include Project-related records maintained by parent companies, affiliates,
subsidiaries or other related parties. Contractor’s failure to cooperate or to provide access as
described in this Article 19 shall be a material breach of this Contract.


 


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19.2 Purpose and Extent of Record Access. Owner and Owner’s Lenders, and their respective
authorized representatives, shall have the right to fully and completely audit, copy, investigate
and review, and shall be afforded useful access to all of the records described in Section 19.1
above at all reasonable times (both during performance of the Work and after Final Completion) for
purposes of inspection, audit, review and copying to the full extent as Owner or Owner’s Lenders
may require relating to the Work or the Contract. All such Contractor’s records and records of all
Subcontractors and Vendors shall also be made available to Owner for purposes related to compliance
with Owner’s business ethics policies. Upon request, Contractor shall also fully cooperate in
arranging interviews with Contractor’s employees and shall require all Subcontractors and Vendors
to likewise fully cooperate pursuant to this Article 19. All audits will be at the Owner’s
expense.



19.3 Record Keeping Formats. Contractor may elect to maintain part of the records described in
Section 19.1 above in an electronic format. Contractor agrees that, if any Project-related
information is maintained in an electronic format, such information will be made available to Owner
and Owner’s Lenders in a readily useable format within three (3) business days after a written
request by Owner.



19.4 Certifications. Upon request, Contractor shall be required to certify that, to the best of
its knowledge and belief, all data subject to audit pursuant to this Article 19 is accurate,
complete and current. Such certifications shall be made by Contractor to Owner and Owner’s Lenders
in the case of this Contract, and by Subcontractors and Vendors to Contractor in the case of
subcontracts and purchase orders.



19.5 Flow Down Provisions. Contractor shall require all Subcontractors and Vendors to comply
with the provisions of this Article 19, by insertion of this “Right to Audit” clause (Sections 19.1
through 19.9 inclusive) into each respective related subcontract and purchase order of all tiers
relating to the Work. Owner shall have the right (but not obligation) to act as Contractor’s
authorized representative for the purpose of conducting audits in accordance with this Article 19
of all accounting and Project-related records in the possession of all Subcontractors and Vendors.
It is specifically understood, however, that Owner has no contractual relationship with any
Subcontractor or Vendor of any tier. Likewise, it shall remain the Contractor’s financial and
contractual responsibility to resolve all such issues with its Subcontractors or Vendors. No such
audit or activity by Owner or Owner’s Lenders shall release Contractor or any Subcontractor from,
or waive, any of Contractor’s or any Subcontractor’s obligations under the Contract Documents.
Notwithstanding the provisions of this Article 19, Owner’s and Owner’s
Lenders’ right to audit as to Subcontractors with subcontracts on a lump sum basis shall be limited
solely to those instances there is an allegation of fraud or similar misconduct involving such
Subcontractor.


 


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19.6 Remedies. Certification of information pursuant to Section 19.4 above, and subsequent
approval by Owner of invoices, billings and Change Orders, shall not preclude a post-approval
adjustment, including based upon a later Contract compliance or pricing audit. Specifically, Owner
shall have the right to reduce any payments to Contractor or any Subcontractor or Vendor by any
amounts attributable to incorrect or otherwise defective cost data. Contractor’s submission shall
be considered defective when the cost or pricing data, as certified in accordance with provisions
of Section 19.4, above, is not accurate, complete or current. If an audit inspection or
examination, conducted in accordance with this Article 19, discloses overcharges by Contractor (or
any Subcontractor or Vendor) of any nature in excess of $100,000.00 (including interest as provided
in Section 17.6.1) hereof, Contractor shall reimburse or cause such Subcontractor or Vendor to
reimburse, Owner for the total actual cost of Owner’s audit associated with such overcharge,
including but not limited to the actual costs of outside auditors and/or the use of Owner’s
internal auditor at internal billing rates.



19.7 Record Retention. Contractor shall preserve and make available to Owner and Owner’s Lenders
at Contractor’s principal office in Biloxi, Mississippi, all such records and other data covered by
this Article 19, for a minimum period of six (6) months after Final Payment is made or for such
longer period as may be required by any Laws.



ARTICLE XX

CLAIMS




20.1 Definition. A “Claim” is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term “Claim” also includes other
disputes and matters in question between Owner and Contractor arising out of or relating to the
Contract. Claims must be made by written notice. The responsibility to substantiate Claims shall
rest with the party making the Claim.



20.2 Notice. Claims by Contractor must be made within thirty (30) days after occurrence of the
event giving rise to such Claim. Claims must be made by written notice. An additional Claim made
after the initial Claim has been implemented by Change Order will not be considered unless
(a) based upon different facts from those giving rise to the initial Claim, and (b) submitted in a
timely manner.


 


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20.3 Pending Resolution. Notwithstanding any other provision of this Contract or the other
Contract Documents to the Contrary, during the pendency of any dispute, action or proceeding
between Contractor and Owner, so long as Owner continues to pay all undisputed amounts hereunder,
Contractor shall continue to perform the Work diligently and in accordance with this Contract so as
to complete the Work on or before the Guaranteed Date of Substantial Completion. Notwithstanding
any provision to the contrary herein or in the other Contract Documents, Contractor shall not be
relieved of any of its obligations hereunder unless and to the extent of a final judgment resolving
any such dispute, action or proceeding. Contractor recognizes and acknowledges that the provisions
of this Section and the completion of the Work on a timely basis notwithstanding any dispute,
action or proceeding are fundamental to the contractual relationship established pursuant to this
Contract, shall be specifically enforceable, and that Owner would not have entered into this
Contract but for Contractor’s agreement set forth herein. Contractor acknowledges that it
understands and has duly considered and consulted with counsel concerning the significance of this
provision.



20.4 Final Settlement of Claims. No Claim involving resolution of issues pertaining to the
Guaranteed Maximum Price and/or Contract Time shall be deemed final until both parties sign a final
and unconditional Change Order, or a court of competent jurisdiction makes a binding determination
as described in Section 20.5 and Article 22 below. With respect to non-judicial settlements, final
and unconditional Change Orders signed by both parties shall be a condition precedent to Owner’s
duty to make payments or adjust the Guaranteed Maximum Price or Contract Time.



20.5 Unresolved Claims. Any Claims or disputes arising out of this Contract which are not
resolved by the parties after a reasonable period, may be pursued in accordance with Article 22
hereof. Contractor shall identify in Contractor’s Applications for Progress Payment and Application
For Final Payment any such Claims which remain unresolved.



ARTICLE XXI

OWNER’S LENDERS




21.1 Owner’s Lenders. Contractor acknowledges and agrees that Owner has provided notice to
Contractor, and Contractor shall before entering into any subcontract or purchase contract provide
notice to every Subcontractor and Vendor, that Owner’s funds for construction of the Project,
including payment of the Guaranteed Maximum Price, may be borrowed and or derived substantially
from one or more lenders providing financing for the Project from time to time (“Owner’s Lenders”),
and Owner’s ability to obtain such funds may be subject to one or more loan documents and
conditions precedent to advances
thereunder. The term “Owner’s Lenders” shall also mean and include any and all trustees,
intercreditor agents, disbursement agents, administrative agents, consultants, architects,
inspectors, construction managers, auditors and engineers appointed or retained directly or
indirectly by or on behalf of any of Owner’s Lenders.


 


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21.2 Assignment and Default. Owner shall have the right to assign the Contract to any one or
more Owner’s Lenders. If an event of default by Owner has occurred under any loan documents
relating to Owner’s Lenders, Contractor agrees that Owner’s Lenders may at anytime thereafter upon
written notice to Contractor (“Lender’s Notification”), require Contractor to continue to perform
Work under the Contract, and in such Lender’s Notification, Owner’s Lenders may elect either to
(a) not assume any of Owner’s rights or obligations under the Contract, or (b) assume Owner’s
rights and obligations arising under the Contract from and after the date of Lender’s Notification.
Upon receipt of Lender’s Notification, and notwithstanding any event of default by Owner under any
such loan documents and whether Owner’s Lenders elect clause (a) or (b), Contractor shall
thereafter continue to properly perform the Work and its obligations under the Contract in
accordance with the terms of the Contract, so long as Contractor continues to be paid, by either
Owner or Owner’s Lenders in accordance with the terms of this Agreement, for all Work not in
dispute and properly performed in accordance with the terms of the Contract from and after the date
of Lender’s Notification.



21.3 Owner’s Lenders Election. Notwithstanding any provision of the Contract which may give
Contractor the right to terminate the Contract or suspend or discontinue performance thereunder,
Contractor agrees not to terminate the Contract or suspend or discontinue performance thereunder
without first providing Owner and Owner’s Lenders with fourteen (14) days prior written notice, and
during such fourteen (14) days Owner’s Lenders may elect whether to (a) terminate the Contract and
not cure any defaults of Owner and not assume any of Owner’s obligations under the Contract, or
(b) require Contractor to continue Contractor’s performance under the Contract, but not assume any
of Owner’s obligations under the Contract, or (c) assume Owner’s obligations arising under the
Contract from and after the date of Owner’s Lenders’ election, and require Contractor to continue
Contractor’s performance under the Contract. If Owner’s Lenders shall timely elect to proceed under
either clause (b) or (c) herein, Contractor agrees not to terminate the Contract or suspend or
discontinue its performance thereunder, and to continue to properly perform all Work and
obligations under the Contract in accordance with the terms of the Contract and accept payment
and/or performance from Owner or Owner’s Lenders, so long as Contractor continues to be paid in
accordance with the terms of this Agreement, for all Work not in dispute and properly performed in
accordance with the terms of the Contract after Owner’s Lenders’ election under clause (b) or (c).


 


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21.4 Payment and Work Continuation. Notwithstanding any other provision of the Contract or
otherwise, including anything in this Article 21, and unless Owner’s Lenders elect to assume the
Contract,
Owner’s Lenders shall have no obligation to reimburse or pay Contractor for (a) any Work which has
been the subject of a prior advance of loan funds by Owner’s Lenders to Owner and paid to
Contractor, and/or (b) any Work which is the subject of a dispute by Owner’s Lenders as to its
proper quality, scope or compliance with the Contract. Owner’s Lenders shall have the benefit of
all claims, defenses to payment and setoffs available to Owner under the Contract as to amounts
that Contractor contends are due for Work under the Contract. Notwithstanding any terms of the
Contract to the contrary, Contractor will diligently continue to perform the Work and its
obligations under the Contract notwithstanding any dispute arising with Owner, Owner’s Lenders or
any other person or entity, so long as Contractor continues to be paid in accordance with the terms
of this Agreement for all Work not in dispute and properly performed in accordance with the terms
of the Contract and not subject to a right to withhold as provided in the Contract. Except to the
extent expressly provided in Section 21.3 hereof, nothing in this Contract, or otherwise, shall
cause or impose any obligation on Owner’s Lenders to fund any amounts, including any loan advance,
to Contractor. Owner’s Lenders may enforce the obligations of the Contract with the same force and
effect as if enforced by Owner, and may (but need not) perform the obligations of Owner (unless
Owner’s Lenders elect to perform such obligations pursuant to this Article 21), and Contractor will
accept any such performance in lieu of performance by Owner in satisfaction of Owner’s obligations
hereunder. Subject to the foregoing limitations on assignment and delegations, all of the terms and
provisions of the Contract shall be binding upon and shall inure to the benefit of the parties to
this Agreement, and their respective permitted transferees, successors, assigns and legal
representatives.



21.5 Payments. Owner’s Lenders shall have the right at any time and from time to time to make
payment directly to Contractor and/or by joint payee check to Contractor and any Subcontractor or
Vendor, for Work performed under the Contract.



21.6 Audit Rights. Owner’s Lenders shall have and be entitled to all of the same audit and
inspection rights, as Owner has under Article 19 of this Agreement.



21.7 Access. Owner’s Lenders shall have and be entitled to all of the same rights to access and
inspect the Site and Work, wherever located, as Owner has under the Contract documents, at
reasonable times and upon reasonable notice and subject to reasonable safety precautions.



21.8 [Intentionally Omitted]




21.9 General Cooperation. Contractor agrees to cooperate fully with all such Owner’s Lenders,
including Contractor agrees to (a) provide written notice to Owner’s Lenders of any Change in the
Work, material Change in the manner or amounts paid to Contractor, extension or acceleration of
Contract Time, or material Change in the Drawings or Specifications, (b) authorize Subcontractors
and Vendors to communicate directly with Owner’s Lenders regarding the progress of the Work,
(c) provide Owner’s
Lenders with reasonable working space and access to telephone, copying and telecopying equipment,
(d) communicate with Owner’s Lenders and, on request to execute, provide and/or deliver as the case
may be, such documents, certificates, consents, invoices and instruments, and other information, as
Owner’s Lenders may reasonably request with respect to the Work, the Project and/or payment of the
cost thereof, (e) enter into such amendments to the Contract as Owner’s Lenders may reasonably
request so long as such amendments do not materially or substantially alter Contractor’s rights,
duties or obligations under the Contract Documents, (f) enter into a consent to assignment in favor
of Owner’s Lenders consenting to the collateral assignment of the Contract to Owner’s Lenders and
(g) otherwise facilitate Owner’s Lenders review of the construction of the Project.


 


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ARTICLE XXII

DISPUTE RESOLUTION AND GOVERNING LAW




22.1 Judicial Determination. All Claims and disputes and other matters in question arising out
of or relating to the Contract or the breach thereof, shall be decided by a court of competent
jurisdiction in the State or Federal Courts in the City of St. Louis or County of St. Louis,
Missouri. The existence of any claim, dispute or legal proceeding shall not relieve Contractor from
its obligation to properly perform its Work as set forth in the Contract Documents.



22.2 Waiver of Jury Trial. The Parties agree to waive their right to a jury trial to resolve all
Claims and disputes arising out of relating to the Contract.



22.3 Governing Law. The Contract Documents and any Judicial Determination instituted by the
parties pursuant to this Contract shall be governed by the laws of the State of Missouri.



22.4 Non-Waiver. In resolving disputes arising out of this Contract, it is expressly agreed that
no action or failure to act by Owner, Contractor or any agent, representative, employee or officer
of either of them (including Owner’s Project Representative and Contractor’s Site manager) shall
constitute a waiver of any right or duty afforded to either party in the Contract Documents. It is
likewise expressly agreed that any action or failure to act by either party shall not constitute
approval of or acquiescence in any breach of this Contract, except as are specifically agreed to in
writing by the parties’ corporate officers.



22.5 Severability. The invalidity of any one of the covenants, agreements, conditions or
provisions of the Contract Documents, or any portion thereof, shall not affect the remaining
portions and the Contract Documents shall be construed as if such invalid covenant, agreement,
condition or provision had not been included herein.


 


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ARTICLE XXIII

PROPRIETARY INFORMATION AND USE OF OWNER’S NAME




23.1 Proprietary Information. Owner considers all information (regardless of form) pertaining to
the Project to be confidential and proprietary, including information which is prepared or
developed by or through Contractor, Owner or Owner’s other contractors, unless otherwise stated to
Contractor in writing. Contractor shall not disclose any such information without Owner’s prior
consent. Contractor shall take reasonable steps to insure that Subcontractors and Vendors do not
disclose any such information without Owner’s prior written consent. Contractor shall obtain
similar written agreements from each and every Subcontractor and Vendor as Owner may reasonably
request.



23.2 Advertising and Use of Owner’s Name. Contractor shall not issue any news releases or any
other advertising pertaining to the Work or the Project, including advertising its participation in
the Project, without obtaining Owner’s prior written approval. Contractor hereby agrees not to use
the name of Owner’s premises, or any variation thereof, or any logos used by Owner, in connection
with any of Contractor’s business promotion activities or operations without Owner’s prior written
approval. Contractor shall require its Subcontractors and Vendors to comply with the requirements
imposed upon Contractor by this Article 23, including obtaining Owner’s prior written consent to
the form and content of any promotional or advertising publications or materials which depict or
refer to their respective roles in providing Work for the Project.



23.3 Use of Drawings. All plans, Drawings, Specifications and other documents furnished to
Contractor, including, but not limited to, the Contract Documents, are the property of Owner and
are for use solely with respect to the Work and are not to be used by Contractor or any
Subcontractor on any other projects or for any other purpose.


 


107









 





ARTICLE XXIV

MISCELLANEOUS PROVISIONS




24.1 Assignment. Because of the special experience Contractor has represented it has and unique
nature of the services to be rendered by Contractor under the Contract Documents, Contractor shall
not assign its interest in the Contract or delegate its obligations thereunder without the prior
written consent of Owner. Any purported assignment by Contractor without such consent shall be null
and void. Owner may
at any time and from time to time, upon notice to but without consent of Contractor, assign the
Contract or delegate its obligations to an affiliate or subsidiary of Owner, or to an entity which
acquires all or substantially all of Owner’s interest in the Project or all or substantially all of
the assets or member interests of Owner, and/or change its name from time to time. So long as
Owner’s assignee assumes in writing Owner’s obligations and liabilities under the Contract, and
Owner represents in writing at the time of assignment that the assignee has at least the same
financial status as Owner does at the time of the assignment, Owner shall thereafter be released
from its obligations and liabilities under the Contract.



24.2 Subordination. Notwithstanding any other provision of the Contract Documents, Contractor
agrees for itself and for every Subcontractor and Vendor and every other person performing any
services or providing any materials relating to the Work, that any and all liens and lien rights
and benefits (including enforcement rights) Contractor and or any of the other foregoing parties
may or do have under applicable law, shall at all times be subordinate and junior to any and all
liens, security interests, mortgages, deeds of trust and other encumbrances of any kind (on the
Site and otherwise) in favor of any of Owner’s Lenders (“Lender Liens”), notwithstanding that Work
may be or is commenced or done on, and materials may be or are furnished to, the Site prior to any
Lender Liens being imposed upon or recorded against the Site or any of Owner’s assets and before
expiration of the time fixed under applicable law for filing of mechanics and materialmen’s liens.
Contractor shall, and Contractor shall cause every Subcontractor and Vendor at every tier, and any
other person performing services or providing materials relating to the Work to, sign and deliver
to Owner and Owner’s Lenders from time to time upon request by Owner or any of Owner’s Lenders:
(a) written and recordable acknowledgments and restatements of the provisions of this Section 24.2
and the subordination described herein, and (b) such affidavits, certificates, releases,
indemnitees, waivers and instruments (and in form and content) as Owner’s or Owner’s Lender’s title
insurer shall require to allow such insurer to issue such title endorsements as Owner or Owner’s
Lenders require (including insuring first priority of Lender Liens). Contractor’s or any
Subcontractor’s or Vendor’s, failure, or the failure of any party for whom the foregoing are
responsible or liable at law or under the Contract Documents, to provide the items required in
clauses (a) and (b) hereinabove upon request, or Owner’s or Owner’s Lender’s inability to obtain at
any time endorsements to Owner’s Lender’s title policies (or issuance of initial title policies)
insuring first priority of Lender Liens, including without limitation senior to any mechanics’ or
materialmen’s lien or lien rights, shall constitute a material default and breach of the Contract
Documents and failure of a condition to any payment by Owner owed to Contractor under the Contract
or otherwise.



24.3 No Third-Party Beneficiaries. Except as may be expressly provided otherwise in this
Contract, this Contract and the obligations of the parties are intended for the sole benefit of the
parties and shall not create any rights in any other person or entity whatsoever except Owner and
the Contractor.


 


108









 





24.4 Enforceability. In the event that any provision in the Contract Documents or any portion
thereof is determined to be invalid, unenforceable or void, the remainder of the Contract Documents
shall be fully binding with the same force and effect as though the invalid, unenforceable or void
provision had been omitted.



24.5 Headings. Section and other headings are not to be considered part of this Agreement, have
been included solely for the convenience of the parties, and are not intended to be full or
accurate descriptions of the contents.



24.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.



24.7 Legal Fees. The losing party shall promptly pay to the prevailing party as determined by a
court of competent jurisdiction all costs, disbursements and reasonable attorneys’ fees incurred in
connection with any legal action, including mediation, in whole or in part, based on a breach of
the Contract or other dispute arising out of or in connection with the Contract, including any
Claim, or to enforce its rights under the Contract.



24.8 Waiver. No modifications of the Contract shall be binding unless executed in writing by the
parties to this Agreement. No waiver of any of the provisions of the Contract shall be binding
unless executed in writing by the waiving party, and any such waiver shall not constitute a waiver
of any other provision of the Contract, nor shall any such waiver constitute a continuing waiver
unless otherwise expressly provided.



24.9 Intent of the Parties. Contractor and Owner acknowledge that applicable Missouri Revised
Statutes in certain circumstances, among others (i) may regulate the process by which an owner can
withhold payment(s) to a contractor or subcontractor, including the amount(s) that can be withheld,
and (ii) may regulate when and how an owner or a contractor can terminate a construction contract
and the available remedies upon such termination. It is the express intent of the parties that
Contractor completely and unconditionally waive to the full extent allowable each and all of those
Missouri Revised Statutes that are in conflict with the provisions of this Agreement, including
those with regard to the matters described in the foregoing clauses (i) and (ii) provided, however,
Owner and Contractor acknowledge that some applicable provisions of the Missouri Revised Statutes
cannot be waived. Accordingly, to the extent the foregoing waiver by Contractor is expressly
prohibited by applicable Missouri Revised Statutes as to certain provisions thereof, Contractor’s
foregoing waiver shall not be deemed to extend to those non-waivable provisions of the Missouri
Revised Statutes. In such circumstances, if any, where one or more provisions of this Agreement are
in conflict with provisions of the Missouri Revised Statutes that cannot be waived, the offending
portions of the provision in this Agreement shall be interpreted so as to be
consistent with the non-waivable sections of the Missouri Revised Statutes. To the extent such
interpretation renders any portions of this Agreement ineffective, it is the intent of the parties
that only such offending portion shall be so deemed, and the remainder of the provision in this
Agreement shall be of full force and effect.


 


109









 





24.10 Survival. Subject to the provisions of Section 5.8.7 hereof, the provisions of this
Agreement, including Contractor’s covenants, representations, guaranties, releases, warranties and
indemnitees and the benefit thereof, shall survive as valid and enforceable obligations
notwithstanding any termination, cancellation or expiration of the Contract, acceptance of the
Work, Final Completion of the Work or Project, or any combination of them. Establishment of the
time periods as described in Article 10 hereof relates only to the specific obligations of
Contractor to correct the Work, and has no relationship to the time within which the obligation to
comply with the Contract Documents are sought to be enforced, nor to the time within which
proceedings are commenced to establish Contractor’s liability with respect to Contractor’s
obligations other than specifically to correct the Work.



24.11 Independent Contractor. While Contractor is required to perform the Work in strict
accordance with the Contract Documents, Contractor shall at all times be an independent contractor
and responsible for and have control over all construction means, methods, techniques, sequences
and procedures for constructing, coordinating and scheduling all portions of the Work to achieve
the requirements of the Contract Documents. Nothing in the Contract Documents shall be deemed to
imply or represent or be construed to (a) make Contractor, its supervisors, employees, its
Subcontractors or Vendors of any tier the agents, representatives or employees of Owner, or
(b) create any partnership, joint venture, or other association or relationship between Owner and
Contractor or any Subcontractor, nor shall anything contained in the Contract Documents be deemed
to give any third party any claim or right of action against Owner or Contractor which does not
otherwise exist without regard to the Contract Documents. Any approval, review, inspection,
supervision direction or instruction by Owner or any party on behalf of Owner, including any of
Owner’s Lenders, in respect to the Work or services of Contractor shall relate to the results Owner
desires to obtain from the Work, and shall in no way affect Contractor’s independent contractor
status or obligation to perform the Work in accordance with the Contract Documents.



24.12 Privileged Business. Contractor acknowledges that Pinnacle Entertainment, Inc. and its
subsidiaries and other affiliated companies, are now and/or will be involved in the ownership and
control of Owner, and the foregoing entities own and operate businesses that are subject to and
exist because of privileged licenses issued by governmental authorities. If requested, Contractor
shall, and Contractor shall cause all Subcontractors and Vendors to, timely provide Owner with such
documentation and information to substantiate the fact that it has recent experience working in the
resort casino industry and if required shall timely obtain any qualification or clearance required
by any regulatory authority having jurisdiction over Owner or any of the foregoing entities or
subsidiary or affiliate thereof. If Contractor or
any Subcontractor or Vendor fails to satisfy such requirements or if Owner or any of the foregoing
entities or any other affiliated company thereof is directed to cease doing business with
Contractor or any Subcontractor or Vendor then such event shall be deemed a material breach of the
Contract by Contractor and Owner shall have the right to terminate the Contract and/or any
subcontract or purchase order, among all other remedies available to Owner.


 


110









 





24.13 Pinnacle Entertainment’s Compliance Committee. Contractor, upon written request of Owner,
shall promptly provide Owner with any information required by Owner or the compliance committee of
Owner (“Compliance Committee”) with respect to Contractor or its affiliates (including their
respective officers, directors and shareholders) financial condition, litigation, indictments,
criminal proceedings, and the like in which they are or may have been involved, if any, (“Requested
Information”) in order for the Compliance Committee to determine that the Requested Information
does not disclose any fact which might adversely affect, in any manner, any gaming license or
permits held by Owner or the current stature Owner with any gaming commission, board or similar
regulatory agency. In the event that Contractor shall fail to provide the Requested Information
promptly, or if information with respect to Contractor or its respective affiliates (whether
provided by Consultant or its respective affiliates), in the opinion of the Compliance Committee,
might adversely affect any gaming licenses or permits held by Owner or the current stature of Owner
with any gaming commission, board or similar governmental or regulatory agency, then Owner shall
have the right to terminate the Agreement immediately upon written notice to Contractor, and the
parties shall have no further obligation or liability hereunder.



24.14 M/W/DBE and Missouri Businesses. It is the policy of Pinnacle Entertainment, Inc. and each
of its component institutions, subsidiaries and/or sister companies (“Pinnacle”) to promote and
encourage contracting and subcontracting opportunities for Minority and Women Business Enterprises
as well as locally owned and operated businesses in the states in which Pinnacle conducts business.
In mutual cooperation with the St Louis County Economic Council, Owner is seeking to meet the goal
of having a total of 19% M/W/DBE participation for all construction related work. Accordingly, the
Owner requires Contractor to use its reasonable best efforts to engage M/W/DBE and locally owned
and operated businesses for subconsultants on the Project. Certification of firms will be in
accordance with the previously established standards recognized by the St Louis County Economic
Council.



24.15 Joint and Several Liability. W.G.Yates & Sons Construction Company and Paric Corporation
agree that they will be jointly and severally liable for all obligations set forth in the Contract
Documents.



24.16 Entire Agreement. The Contract Documents, as defined in Section 1.5 above, set forth the
full and complete understanding of the parties as of the Effective Date of this Contract and
supersede any and all agreements, understandings and representations made or dated prior thereto.
Unless specifically enumerated or incorporated herein, the Contract Documents do not include any
other documents, any
qualifications to the Guaranteed Maximum Price or Contract Time contained in Contractor’s bid or
any correspondence or other proposals by either party dated prior to the Effective Date. No
modifications of the Contract shall be binding unless executed in writing by the parties to this
Agreement. Each and all of the Exhibits A through and including R referenced in this Agreement are
hereby expressly incorporated herein by this reference.


 


111









 





ARTICLE XXV

NOTICES




25.1 Notice Procedures. All notices, demands, requests, instructions and other communications
relating to the Contract Documents (collectively, “Notices”), shall be in writing and effective
upon actual receipt by the parties at the addresses listed below, whether sent by facsimile
transmission (so long as received during normal business hours), regular mail or certified mail.
Any notices sent by certified mail shall be effective not later than the date of delivery
designated by the U.S. Postal Service.



25.2 Notices to Owner. All Notices to Owner (except requests for information, Shop Drawing
submittals, instructions and similar notices) shall be sufficient when sent in accordance with
Section 25.1 above and addressed as follows:




Cliff Kortman

President, Pinnacle Design & Construction

Pinnacle Entertainment, Inc.

3800 Howard Hughes Parkway

Suite 1800

Las Vegas, NV 89169



Contractor shall concurrently with delivery to Owner provide to Owner’s Lenders copies of all
Notices (except requests for information, Shop Drawing submittals, instructions and similar
notices) at an address or addresses to be provided, with copies to:



25.3 Notices to Contractor. All Notices to Contractor shall be sufficient when sent as set forth
in Section 25.1 above and addressed as follows:




William G. Yates, III, President

W.G. Yates & Sons Construction Company

115 Main Street

Biloxi, MS 39530

Phone: (228) 386-4387

Fax (228) 374-0380


 


112









 





25.4 Change of Address. Either party may, from time to time, designate in accordance with this
Article 25 a different individual and/or address to which Notices are to be delivered.



IN WITNESS WHEREOF, The parties hereby execute this Agreement by signature of their
respective duly authorized representatives as of the Effective Date hereof.



	 	 	 
	OWNER:

	 	CONTRACTOR:
	 
	 	 
	CASINO ONE CORPORATION

	 	W. G & YATES SONS
	 

	 	CONSTRUCTION COMPANY
	 
	 	 
	BY: /s/ Daniel R. Lee

	 	BY: /s/ William G. Yates
	 
	 	 
	ITS: Chairman/CEO

	 	ITS: President & C.E.O.
	 
	 	 
	 

	 	PARIC CORPORATION
	 
	 	 
	 

	 	BY: /s/ P. Joseph McKee
	 
	 	 
	 

	 	ITS: President & CEO







 


113












 




EXHIBIT A

DESCRIPTION OF REAL PROPERTY



 


 









 





The project sits on 56 acres of real property that is located within the legal description
attached hereto. A survey is being prepared to show the exact location of the 56 acres. Such survey
and corresponding legal description will be provided to Contractor once it is prepared.


 


 









 





Exhibit A




Parcel No. 1:



Part of Blocks 1 and 2 of ALLEN’S SUBDIVISION in the CHOUQUETTE TRACT in U.S. Survey 904,
Township 44 North, Range 7 East, St. Louis County, Missouri and being more particularly
described as follows:



Beginning at the Southwest corner of property described as Tract No. 3, in deed to the National Lead
Company, recorded in Book 2269, Page 137, St. Louis County Recorder’s office, being in the Eastern
line of the Missouri Pacific Railroad Company, right-of-way, 80 feet wide; thence North 1 degree 15
minutes East 796.50 feet along the Western line of said National Lead Company property, and along
the Eastern line of said Missouri Pacific Railroad Company, right-of-way, to the Northwestern corner
of said National Lead Company property, in the Southern line of East
Arlee Avenue, 30 feet wide;
thence North 89 degrees 59 minutes East 136.04 feet along the Northern line of said National Lead
Company property, and along the Southern line of said East Arlee Avenue, to the Northeastern line
of said National Lead Company property; thence South 37 degrees 49 minutes East 14.83 feet along
the Northeastern line of said National Lead Company property, to the Western line of property
described as Tract No. 1, in said deed to the National Lead Company, recorded in said Book 2269,
Page 137; thence North 22 degrees 11 minutes East 437.86 feet, North 29 degrees 07 minutes East
453.32 feet, and North 41 degrees 11 minutes East 475.93 feet along the Western line of said
property described as Tract No. 1 in said deed to the National Lead Company, to its Northwestern
corner, being also the Southwestern corner of property described in deed to the National Lead
Company, recorded in Book 2667, Page 190, St. Louis County Recorder’s Office; thence North 28
degrees 45 minutes East 547.99 feet along the Western line of said property described in deed to
the National Lead Company, recorded in said Book 2667, Page 190, to its intersection with the
Western line of property described in deed to the National Lead Company, recorded in Book 3727,
Page 1, St. Louis County Recorder’s Office; thence North 7 degrees 41 minutes East 270.57 feet,
North 33 degrees 14 minutes East 412.29 feet, and North 45 degrees 39 minutes East 308.34 feet
along the Western line of said property described in deed to the National Lead Company, recorded in
said Book 3727, Page 1, to its most Northern corner, being also the Northwestern corner of property
described in deed to the National Lead Company, recorded in Book 1672, Page 509, and re-recorded in
the Deed of Correction, in Book 1701, Page 501, St. Louis County Recorder’s Office; thence South 58
degrees 00 minutes East 67.16 feet along the Northern line of said National Lead Company property,
described in deed re-recorded in said Book 1701, Page 501, to its Northeastern corner, being in the
Western line of property described in deed to National Pigments & Chemical Company, recorded in
Book 1238, Page 99, St. Louis County Recorder’s Office; thence North 32 degrees 00 minutes East
346.52 feet, and North 40 degrees 59 minutes East 69.47 feet along the Western line of said
National Pigments & Chemical Company property, to its Northwestern corner in the Southern line of
the River Des Peres Drainage Works, right-of-way, 280 feet wide; thence South 50 degrees 01 minutes
30 seconds East 675 feet, more or less, along the Northern line of said National Pigments &
Chemical Company property, and along the Southern line of said River Des Peres Drainage
Works, right-of-way, to the Mississippi River; thence Southwardly 3800 feet, more or less, along
the Mississippi river, to the Southern line of said property described as Tract No. 3 in deed to
the National Lead Company, recorded in said Book 2269, Page 137; thence North 67 degrees 49 minutes
West 735 feet, more or less, and North 90 degrees 00 minutes West 112.19 feet along the Southern
line of said property described as Tract No. 3, to its Southwestern corner in the Eastern line of
said Missouri Pacific Railroad Company, right-of way, and the point of beginning, according to
survey executed by Pitzman’s Co. Surveyors & Engineers during the month of June 1987.


 


 









 





Parcel No. 2:



Easement for ingress and egress for the benefit of the land described herein as Parcel No. 1 as
created and established by General Warranty Deed and Agreement, dated July 19, 1923, executed
by and between Casper P. De Lore and Amalia De Lore, his wife, and Titanium Pigment Company, Inc.,
recorded July 26, 1923 in Book 607 Page 98, as confirmed and affected by instrument
recorded August 16, 1933 in Book 1238 Page 99.



Parcel No. 3:



Easement for ingress and egress for the benefit of the land described herein as Parcel No. 1 as
created and established by City of St. Louis Ordinance No. 40034, approved April 12, 1933 and Grant
of Easements, dated as of August 1, 1933, executed by and between Casper P. De Lore, otherwise
known and designated as C. P. De Lore and Amalia De Lore, his wife and National Pigments & Chemical
Company, recorded August 16, 1933 in Book 1255 Page 96.


 


 









 





EXHIBIT B

PROJECT SCHEDULE



 


 









 









	River City Casino Preliminary Draft




	High Level Preliminary Draft




	Activity ID ;: . Activity Name




	A1000 ! Notice to proceed
A1010 Mobilize on site




	A1020 Procurement of Long lead items




	A1040 Detailed Planning
A1030 Develop Subcontracts




	0 8-1-08 10 8-1-08




	90 8-1-08 30 8-1-08 90 8-15-08




	8-14-08




	“12-4-08




	9-11-08




	12-18-OS




	Notice to proceed Mobilize:on site




	Procurement of Long lead items Detailed Planning




	Develop Subcontracts




	A1050 Sitework/Prep
A1270 Central Plant Equipment
Areas
 _____ 

C,B, D, A & G
A1080 Grade Beams Area C,B,D, A, & G
A1100 Slab on Grade Areas C,B,D,A,& G
A1120 Steel Erection Areas C,B,D,A, & G
A1150 Exterior Framing Areas C,B,D,A, & G
A1170 Exterior Facade Finishes Areas C,B,D,A, & G
A1180 Roofing Areas C,B,D,A,& G
A1160 Interior Framing/Parti on Walls
A1190 WIEP Rough ins
A1200 Drywall




	161 8-15-08




	30 8-15-08




	60 1-9-09




	341 8-26-08




	30 8-26-08




	60 9-16-08




	85 9-36-08




	90 11-4-08




	220 12-16-08




	90 1-9-09




	60 2-6-09




	120 2-20-09




	SO 5-15-09




	4-2-09




	9-25-08




	4-2-09




	12-24-09
10-6-08
12-8-08




	1-8-09




	3-9-09




	10-19-09




	5-14-09
4-30-09
8-6-09
9-17-09




	Sitework/Prep




	Central Plant Equipment ..::.’•




	Grade E




	earns Area C,B,D, A, &G^ : : : : : : •
‘.




	Slab on Grade Areas:C,B:,D,A,&G ‘:’:’•’,’,’.’•




	Steel Erection Areas C,B,D,A, & G : : •

 _____ 

.. Exterior Framing Areas C,B,D,A, & G ;




	Exterior; Facade Finishes /

Roofing Areas C;B,D,A,&:G : : : :




	Interior Frarning/Partion Walls ::
MEP Rough ins : :
Drywall : : :




 


 









 









	Aditfity;tD.:::w Activity-Name^^y:... ••^. -;-•:;:•::.; .v:::-::- ; :\; ^ ••:•:
Wi ±MiE~M^MM ^’
;^’s:-:^
-••-•-..•: •’:. Original :Start :::^: ::.v; Finish sa;
‘•••’:•:•• ‘i-’-W-i—:M
;;::^’:7.^l<::;::^ iburatibh $;^:i$£$. •&Z&t2:
—
Wjjjjjij£ii[jjj^
—
A1280 Ceilings 100 6-12-09 10-29-09 A1290 \ :^ ^ “^^T
Millwork 1 00 : 7-10-09 Tf-26-09
—
A1300 Flooring 80 8-21-09 12-10-09




	A1310 Trim Out 90 ; 8-2 1-09 ‘” 1 2-24-09 ~”
—
: A1490 FFE install 25 11-20-09 12-24-09 : ,
 _____ 

, . : ^»*f:FE install.

 _____ 

.. : ; ^^“Clean/Punch
: . : • ‘::::’• H*turn over to Owr
^^m Grade Beams Areas U, V, &W ••••’!.;.•
—
; A1330 Clean/Punch 15 12-4-09 12-24-09




	—
; A1500 Turn over to Owner 1 12-24-09 12-24-09




	—
Areas U, V, & W 303 1°-7~08 : 12-1 1-09
—
: A1090 Grade Beams Areas U,V, &W . 2510-7-08 i 11-10-08
—
A1110 Slab on Grade Areas U, V, & W : 4510-28-08 12-29-08 ^*-^^^S Slab o;n Grade Areas U, V, ‘&W : : : *^M Steel Erection Areas :U, V, &W
: : : : \: ^^»^^^»^ Exterior Framing Areas U,V,&W :




	—
A1 1 30 Steel Erection Areas U , V, & W 3012-9-08 1-14-09




	—
A1210 Exterior Framing Areas U.V.&W 90 1-5-09 5-8-09




	^*-f|PPp^^^ Ronfing Arpas U V, A W :




	A1230 Roofing Areas U, V, & W 75 1-15-09 4-29-09




	A 1 220 Exterior Facade Finishes Areas U . V. & W 2002-16-09 11-20-09




	—
A1340 Interior F ram ing/Pa rtion Walis 60 4-20-09 7-10-09 : : Interior Framing/Psrtion \NMK :
—
; ‘ : : • ; ; ; MEP Rough ins ; :
A1350 MEP Rough ins 90 5-4-09 9-4-09




	—
A1360 Drywall 1006-1-09 10-16-09




	: : ‘. : ; : rpilim, • : ;
A1370 Ceilings 100 6-29-09 11-13-09




	: : | ; :^^^^-M^ ; ; ;
A1380 Millwork 90 7-27-09 11-27-09




	—
A1390 Flooring 90 8-10-09 12-11-09 ; ^ : ^ ‘ : : !
—
A1400 Trim Out 90 8-10-09 : 12-1 1-09
:’:;::::,;: : ;
 _____ 

^W;iean/Puncn .’:’.’•’. : : : : : : *^ FFE Install ;
: : : ; return. over to owner
A1510 Clean/Punch 20 11-16-09 12-11-09




	—
A1530 FFE Install 2011-16-09 12-11-09




	—
A1520 Turn over to owner 1 12-11-09 12-11-09




	—
New Gaming Space 367 8-22-08 1-30-10




	—
2




	—




 


 









 









	Activity ID .;:;;;::’; ‘Activity -Nairns ^^:-y^:;:^>^:
Starts- • -;:;;-::- ^SB:::;P.*M%:y::S-
^’^^•••M.ff/K:^- :/prtginal
 _____ 

finish j^?>.
—
‘/.••’ ; : ••-.’•• .’-. •: :• ;’ v:;:.-:.:- "-!K’/^’-:- ^ •imrn^f-: :®:.y^x|; ^^^^^^^j^i^j^^^^^^^^j^^^^j^jj^^
•:.:•••:••• ::• -:•: [f ;v ‘:-.:f :•£’.: ‘ •^•’••-.•’•,
;•••:’•’ 
••.:




	•;.’.^:K:^ A-’: ;v;: .’••• .•.Duration
——  ——  —




	A1060 Basin Walls/ Columns 45 8-22-08 10-23-08 . Basin Walls/ Columns •
•...........................................................................................................................................
jTM~: ::::::: : :::;-;::




	——  ——  —




	A1070 Barge Construction 120 9-12-08 2-26-09 Kargc(;on<;tnjrTinn
—
A1140 Steel Erection Areas H, J, P, & Q 45 1-16-09 3-9-09 \ . ‘. : Steel Erection Areas H, J,P, &Q ‘.’.’...
——  —




	A1240 Exterior Framing Areas H,J, P, & O 35 3-10-09 4-27-09 • • *ym^m. Exterior Framing Areas. H,J, P, & Q .
——  ——  —




	A1260 Roofing Areas H, J, P, & Q 75 3-10-09 6-22-09 Roofing Areas H, .1, P, ^ O
—
A1410 Interior Framing/Partion Walls 30 4-14-09 : 5-25-09 : • ‘ ‘ : ‘-fc^fc interior Framing/Parlion
Wails
‘ ‘ j . : ::::..
——  ——  —




	A1250 Exterior Facade Finishes Areas H, J,P,& Q. 120 4-21-09 : 10-5-09 • Exterior Facade Finishes Ar
——  —




	A1420 MEP Rough ins 120 4-21-09 ; 10-5-09 ;.:.::;:.: I :::,::;
——  ——  —




	A1430 Drywall 90 6-23-09 10-26-09 Drywslt
—
r ...,:=. ,
 _____ 

, ^5 ,..,,,.. , .




	—
A1440 Ceilings 100 7-7-09 11-23-09 i . , . . r,pi?ings
—
i :::...:::: f . 1 . . : : : .




	—
: A1450 Millwork 7-21-09 12-7-09 i Millwork •
100
—
A1460 Flooring 90 8-4-09 12-7-09 SSKW-ssHnorinq
—
A1470 Trim Out 100 8-18-09 1-4-10 ::;.::::::: Trim Out :




	—
J i ‘ •
—
A1480 SlotSases 60 10-6-09 12-28-09




	—
A1 580 Install slots/Gamming Commission activities 65 11-2-09 1-29-10 ^^^^^^^^tnstairslots/1
—
: A1540 Test and Balance Systems 11-10-09 1-11-10 ; : : ; : : : : : : • tekiand:




	: 45 Balar
——  —




	A1550 Install/Terminate A/V systems 45 11-10-09 1-11-10 i :;:!:•::::: : ; Inslall/Tarmins
——  —




	A1560 Clean/Punch 25 A 1570 1-5-10 .1-29-10 1-30-10 j ; ::::: : ::::::;: ^-rf^Clean/PuncI
Turn over to Owner 1 1-30-10 • z3 ^"urn °ver^c
——  —




	: ‘ : ‘ :
• ‘ ‘ ‘ ‘ :
1-31-10 1-31-10 1-31-10 i . • ‘ . : j . ‘ ; i .: ‘:::::’::::




	0 A1320 Final Completion 1 1-31-10 “*H Final Comp
——  ——  —




 


 









 





EXHIBIT C

CONTRACTOR’S PERSONNEL



 


 









 





Exhibit “C”




Pre-Approved Reimbursable Contractor’s Personnel On Site





Shane DeVille




Anthony Costa




Mike Rallo




Assistant Project Managers and Project Engineers as needed (TBD)




Marvin Chapmen




David Parisotto




Mike Deutschmann




Superintendents and Assistant Superintendents as needed (TBD)




Project Controls/Accountant




Safety Personnel as needed




Project Scheduler



Pre-Approved Contractor’s Off Site Personnel:




Frank McCormick and Staff




Dan DuBose




Scott Davis and Staff




Paul Bauer




Dina Fountain and Staff




Doug Mayhew




Shannon Niles




Site Safety and QC Inspection Personnel




Mark Wolk and Staff



Personnel may be added or deleted subject to Owner’s approval, such approval shall not be
unreasonably withheld.





	 	 	 
	*	 	Rates to be provide to Owner by separate document



 


 









 





EXHIBIT D

CONTRACTOR OWNED EQUIPMENT



 


 









 




8/11/2008 


	 	 	 	 	 
	 	 	Monthly	 
	 	 	Rental Rate	 
	 	 	based on 50	 
	 	 	hrs /Week for	 
	 	 	Yates/Paric	 
	 	 	Owned	 
	Equipment	 	Equipment	 
	Forklifts
	 	 	 	 
	Wharehouse Forklift 8000#
	 	$	1,179.52	 
	Forklift 11,000 lbs TH580B
	 	$	5,623.15	 
	Forklift 6,000 lbs TH330B
	 	$	4,023.21	 
	Lull 10,000# 1044-C-54
	 	$	5,897.60	 
	Lull 6,000# 644E-42
	 	$	4,747.27	 
	Skytrak 6042 6000#
	 	$	4,513.71	 
	Skytrak 10042 10000#
	 	$	5,319.52	 
	Backhoe/Loaders
	 	 	 	 
	Backhoe 4wd 416E cat
	 	$	2,840.28	 
	Backhoe 2wd 416D cat
	 	$	2,671.89	 
	Backhoe 2wd Case 580M
	 	$	3,003.07	 
	Backhoe 4wd Case 580M
	 	$	3,132.17	 
	Backhoe 2wd John Deere 310G
	 	$	2,784.15	 
	Backhoe 4wd John Deere 310G
	 	$	3,003.07	 
	Tower Cranes SK415/405
	 	$	17,713.07	 
	Personnel Hoists Alimak 650Dual
	 	$	10,994.32	 
	Trucks
	 	 	 	 
	Pickup Trucks 1/2 ton
	 	$	735.00	 
	Pickup Trucks 3/4 ton
	 	$	825.00	 
	Pickup truck 1/2 ton 4x4
	 	$	768.49	 
	Water Tanker 3,000 gal
	 	$	2,496.15	 
	Hwy Truck Tractors 6x4 50,000#
	 	$	3,906.01	 
	On Highway rer dump 6x4 8-10CY
	 	$	3,865.57	 
	Excavators (Large)
	 	 	 	 
	Cat 312
	 	$	6,352.08	 
	Cat 320
	 	$	8,492.45	 
	Cat 330
	 	$	13,952.71	 
	Cat 345
	 	$	22,111.44	 
	JD120C
	 	$	6,599.49	 
	JD200LC
	 	$	8,573.00	 
	JD330C
	 	$	12,807.72	 
	JD450LC
	 	$	18,532.65	 
	Komatsu PC120
	 	$	5,935.51	 
	Komatsu PC200
	 	$	7,681.18	 
	Excavators (Mini)
	 	 	 	 
	Bobcat 335
	 	$	2,186.40	 
	Bobcat 430
	 	$	1,933.24	 
	Komatsu PC35
	 	$	1,783.64	 
	Komatsu PC50
	 	$	2,686.97	 
	Bulldozers
	 	 	 	 
	Cat D4
	 	$	4,872.27	 
	Cat D5
	 	$	5,444.81	 
	Cat D6R
	 	$	7,993.21	 






Rates are straight rates without operators or operating cost.




1









 




8/11/2008 


	 	 	 	 	 
	 	 	Monthly	 
	 	 	Rental Rate	 
	 	 	based on 50	 
	 	 	hrs /Week for	 
	 	 	Yates/Paric	 
	 	 	Owned	 
	Equipment	 	Equipment	 
	Skidsteer
	 	 	 	 
	Cat 247B
	 	$	2,699.95	 
	Cat 257B
	 	$	2,924.48	 
	Cat 277B
	 	$	3,525.10	 
	Wheel Loader
	 	 	 	 
	Cat 914G
	 	$	2,907.64	 
	Cat 924G
	 	$	3,856.28	 
	Cat 928GZ
	 	$	4,518.63	 
	Cat 930G
	 	$	4,872.27	 
	Cat 950H
	 	$	7,521.70	 
	Cat 966H
	 	$	9,929.77	 
	Manlifts
	 	 	 	 
	Genie-S40
	 	$	3,693.87	 
	Genie-S45
	 	$	4,315.27	 
	Genie-S60
	 	$	5,466.01	 
	Genie-S80
	 	$	8,072.43	 
	JLG400S
	 	$	3,636.33	 
	JLG600S
	 	$	5,575.33	 
	JLG800S
	 	$	7,859.54	 
	Genie Z-30
	 	$	2,295.72	 
	Genie Z-45
	 	$	2,583.41	 
	Scissor lifts
	 	 	 	 
	21' to 30'
	 	$	978.13	 
	31' & up
	 	$	1,478.70	 
	to 20'
	 	$	678.94	 
	Air Compressors
	 	 	 	 
	185CFM diesel
	 	$	772.94	 
	Light Towers
	 	 	 	 
	portable diesel 20'
	 	$	916.19	 
	portable diesel 30'
	 	$	1,398.72	 
	Broce Broom
	 	 	 	 
	RC-350
	 	$	1,744.54	 
	Georgia Buggies
	 	 	 	 
	10cu ft walk behind
	 	$	685.92	 
	14cu ft walk behind
	 	$	786.30	 
	16cu ft ride on
	 	$	1,042.82	 
	33 cu ft ride on
	 	$	2,275.24	 
	Smooth Drum Roller
	 	 	 	 
	433 Cat
	 	$	4,062.77	 
	563 Cat
	 	$	6,170.01	 
	433 Cat Sheepsfoot
	 	$	3,972.86	 
	563 Cat Sheepsfoot
	 	$	5,619.32	 
	Mule/ATV
	 	$	439.77	 
	Welding Machine
	 	 	 	 






Rates are straight rates without operators or operating cost.




2









 




8/11/2008 



	 	 	 	 	 
	 	 	Monthly	 
	 	 	Rental Rate	 
	 	 	based on 50	 
	 	 	hrs /Week for	 
	 	 	Yates/Paric	 
	 	 	Owned	 
	Equipment	 	Equipment	 
	300 amp skid mounted
	 	$	322.84	 
	500 amp trailer mounted
	 	$	493.06	 
	Storage Containers/Trailers
	 	 	 	 
	8x32 conex type
	 	$	201.13	 
	40' float trailer
	 	$	1,190.50	 
	16' utility trailers
	 	$	282.68	 
	gooseneck 20t
	 	$	701.25	 
	12x60 office trailer
	 	$	450.00	 
	Pumps
	 	 	 	 
	3" trash pumps
	 	$	791.88	 
	4" trash pumps
	 	$	1,005.91	 
	6" trash pumps
	 	$	1,455.35	 
	Marine
	 	 	 	 
	Work barges 20x10
	 	$	717.71	 
	Work barges 40x10
	 	$	1,132.63	 
	140' Barge
	 	$	16,557.77	 
	160' Barge
	 	$	18,963.22	 
	200' Barge
	 	$	30,384.89	 
	16' runabouts
	 	$	633.60	 
	14' tenders
	 	$	2,467.13	 






Rates are straight rates without operators or operating cost.






3











 




EXHIBIT E

LIST OF DRAWINGS




 


 









 







Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	1	 	 	F	 
	 	 	 	 	SHEET	 	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	 	 	NUMBER	 	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	REVISION	 	SHEET #	 	SHEET TITLES
	 	16-Jun-08	 	15-Jun-08
	 	 	 	 	 	 	 	 	ARCHITECTURAL SHEETS
	 	 	279	 	 	 	279	 
	 	 	 	 	 	 	 	 	CIVIL SHEETS
	 	 	69	 	 	 	69	 
	 	 	 	 	 	 	 	 	STRUCTURAL SHEETS
	 	 	134	 	 	 	134	 
	 	 	 	 	 	 	 	 	MECHANICAL SHEETS
	 	 	32	 	 	 	32	 
	 	 	 	 	 	 	 	 	PLUMBING SHEETS
	 	 	33	 	 	 	33	 
	 	 	 	 	 	 	 	 	ELECTRICAL SHEETS
	 	 	88	 	 	 	88	 
	 	 	 	 	 	 	 	 	LIGHTING SHEETS
	 	 	42	 	 	 	42	 
	 	 	 	 	 	 	 	 	LOW VOLTAGE SHEETS
	 	 	69	 	 	 	69	 
	 	 	 	 	 	 	 	 	FOOD SERVICE SHEETS
	 	 	102	 	 	 	102	 
	 	 	 	 	 	 	 	 	INTERIOR DESIGN SHEETS
	 	 	196	 	 	 	196	 
	 	 	 	 	 	 	 	 	LANDSCAPE SHEETS
	 	 	111	 	 	 	111	 
	 	 	 	 	 	 	 	 	NAVAL ARCHITECT SHEETS
	 	 	30	 	 	 	30	 
	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	TOTAL ALL SHEETS
	 	 	1185	 	 	 	1185	 
	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 








					
	 	 	 	 	 
	SUMMARY
	 	1 of 54
	 	6/19/2008 10:14 AM





 


 









 







Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A0.0.0
	 	COVER SHEET

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A0.1.1
	 	SHEET INDEX 1ST SHEET

	 	X
	 	X	 
	 	 	A0.1.2
	 	SHEET INDEX 2ND SHEET

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A0.2.1
	 	PROJECT DATA, GEN NOTES, SYMBOL LEGEND & ABBREV

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A0.3.1
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	A0.3.2
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	A0.3.3
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	A0.3.4
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	A0.3.5
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	A0.3.6
	 	ADA INFORMATION

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A1.1.1
	 	SITE PLAN

	 	X
	 	X	 
	 	 	A1.1.11A
	 	LIFE SAFETY PLAN CASINO LEVEL

	 	X
	 	X	 
	 	 	A1.1.11B
	 	LIFE SAFETY PLAN CASINO LEVEL

	 	X
	 	X	 
	 	 	A1.1.12
	 	LIFE SAFETY PLAN SECOND LEVEL

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A1.2.0
	 	MASTER PLAN — BASIN LEVEL

	 	X
	 	X	 
	 	 	A1.2.1
	 	MASTER PLAN — CASINO LEVEL

	 	X
	 	X	 
	 	 	A1.2.2
	 	MASTER PLAN — SECOND LEVEL

	 	X
	 	X	 
	 	 	A1.3.1
	 	MASTER PLAN — ROOF LEVEL

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A2.1.1A
	 	CASINO LEVEL PLAN — AREA A

	 	X
	 	X	 
	 	 	A2.1.1B
	 	CASINO LEVEL PLAN — AREA B

	 	X
	 	X	 
	 	 	A2.1.1C
	 	CASINO LEVEL PLAN — AREA C

	 	X
	 	X	 
	 	 	A2.1.1D
	 	CASINO LEVEL PLAN — AREA D

	 	X
	 	X	 
	 	 	A2.1.1G
	 	CASINO LEVEL PLAN — AREA G

	 	X
	 	X	 
	 	 	A2.1.1H
	 	CASINO LEVEL PLAN — AREA H

	 	X
	 	X	 







					
	 	 	 	 	 
	ARCHITECTURAL
	 	2 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL

	 	16-Jun-08
	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A2.1.1J
	 	CASINO LEVEL PLAN — AREA J

	 	X
	 	X	 
	 	 	A2.1.1P
	 	CASINO LEVEL PLAN — AREA P

	 	X
	 	X	 
	 	 	A2.1.1Q
	 	CASINO LEVEL PLAN — AREA Q

	 	X
	 	X	 
	 	 	A2.1.1U
	 	CASINO LEVEL PLAN — AREA U

	 	X
	 	X	 
	 	 	A2.1.1V
	 	CASINO LEVEL PLAN — AREA V

	 	X
	 	X	 
	 	 	A2.1.1W
	 	CASINO LEVEL PLAN — AREA W

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A2.1.2A
	 	SECOND LEVEL PLAN — AREA A

	 	X
	 	X	 
	 	 	A2.1.2B
	 	SECOND LEVEL PLAN — AREA B

	 	X
	 	X	 
	 	 	A2.1.2C
	 	SECOND LEVEL PLAN — AREA C

	 	X
	 	X	 
	 	 	A2.1.2D
	 	SECOND LEVEL PLAN — AREA D

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A2.5.1
	 	ROOF PLAN — AREA R1

	 	X
	 	X	 
	 	 	A2.5.2
	 	ROOF PLAN — AREA R2

	 	X
	 	X	 
	 	 	A2.5.3
	 	ROOF PLAN — AREA R3

	 	X
	 	X	 
	 	 	A2.5.4
	 	ROOF PLAN — AREA R4

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A2.6.1.1
	 	CASINO LEVEL — SLAB PLAN — AREA S1

	 	X
	 	X	 
	 	 	A2.6.1.2
	 	CASINO LEVEL — SLAB PLAN — AREA S2

	 	X
	 	X	 
	 	 	A2.6.1.3
	 	CASINO LEVEL — SLAB PLAN — AREA S3

	 	X
	 	X	 
	 	 	A2.6.1.4
	 	CASINO LEVEL — SLAB PLAN — AREA S4

	 	X
	 	X	 
	 	 	A2.6.2.1
	 	SECOND LEVEL — SLAB PLAN — AREA S1

	 	X
	 	X	 
	 	 	A2.6.2.2
	 	SECOND LEVEL — SLAB PLAN — AREA S2

	 	X
	 	X	 
	 	 	A2.6.3.1
	 	MAIN ROOF LEVEL SLAB PLAN AREA S1

	 	X
	 	X	 
	 	 	A2.6.3.2
	 	MAIN ROOF LEVEL SLAB PLAN AREA S2

	 	X
	 	X	 
	 	 	A2.6.3.3
	 	MAIN ROOF LEVEL SLAB PLAN AREA S3

	 	X
	 	X	 
	 	 	A2.6.3.4
	 	MAIN ROOF LEVEL SLAB PLAN AREA S4

	 	X
	 	X	 
	 	 	A2.6.4.1
	 	HIGH ROOF LEVEL SLAB PLANS

	 	X
	 	X	 
	 	 	A2.6.5.1
	 	CASINO LEVEL — SLAB PLAN — AREA S4

	 	X
	 	X	 
	 	 	A2.6.5.2
	 	CASINO LEVEL — SLAB PLAN — AREA S1

	 	X
	 	X	 







					
	 	 	 	 	 
	ARCHITECTURAL
	 	3 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.1.1
	 	OVERALL EXTERIOR ELEVATIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.2.1
	 	EXTERIOR ELEVATION — NORTH

	 	X
	 	X	 
	 	 	A3.2.2
	 	EXTERIOR ELEVATION — EAST

	 	X
	 	X	 
	 	 	A3.2.3
	 	EXTERIOR ELEVATION — SOUTH

	 	X
	 	X	 
	 	 	A3.2.4
	 	EXTERIOR ELEVATION — WEST

	 	X
	 	X	 
	 	 	A3.2.5
	 	EXTERIOR ELEVATIONS

	 	X
	 	X	 
	 	 	A3.2.6
	 	EXTERIOR ELEVATIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.1.1
	 	FACADE ELEVATION — F.D. KITCHEN

	 	X
	 	X	 
	 	 	A3.3.1.2
	 	FACADE ELEVATIONS — F.D. KITCHEN

	 	X
	 	X	 
	 	 	A3.3.1.3
	 	FACADE ELEVATIONS — F.D. KITCHEN

	 	X
	 	X	 
	 	 	A3.3.1.11
	 	FACADE PLANS — F.D. KITCHEN

	 	X
	 	X	 
	 	 	A3.3.1.12
	 	FACADE PLANS — F.D. KITCHEN

	 	X
	 	X	 
	 	 	A3.3.1.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.1.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.2.1
	 	FACADE ELEVATIONS — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.2
	 	FACADE ELEVATION — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.3
	 	FACADE ELEVATIONS — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.4
	 	FACADE ELEVATIONS — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.5
	 	FACADE ELEVATIONS — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.11
	 	FACADE PLAN — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.12
	 	FACADE PLAN — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.13
	 	FACADE PLAN — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.14
	 	FACADE PLAN — FINE DINING

	 	X
	 	X	 
	 	 	A3.3.2.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.2.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.2.23
	 	WALL SECTIONS

	 	X
	 	X	 






					
	 	 	 	 	 
	ARCHITECTURAL
	 	4 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A3.3.2.24
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.2.25
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.3.1
	 	FACADE ELEVATION — NORTH ENTRANCE EAST SIDE

	 	X
	 	X	 
	 	 	A3.3.3.11
	 	FACADE PLANS — NORTH ENTRANCE
 EAST SIDE

	 	X
	 	X	 
	 	 	A3.3.3.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.4.1
	 	FACADE ELEVATIONS — NORTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.3.4.2
	 	FACADE ELEVATIONS — NORTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.3.4.11
	 	FACADE PLANS — NORTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.3.4.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.4.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.5.1
	 	FACADE ELEVATION — NORTH ENTRANCE WEST SIDE

	 	X
	 	X	 
	 	 	A3.3.5.11
	 	FACADE PLANS — NORTH ENTRANCE
 WEST SIDE

	 	X
	 	X	 
	 	 	A3.3.5.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.7.1
	 	FACADE ELEVATIONS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.2
	 	FACADE ELEVATIONS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.3
	 	FACADE ELEVATION — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.4
	 	FACADE ELEVATION — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.5
	 	FACADE ELEVATION — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.11
	 	FACADE PLANS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.12
	 	FACADE PLANS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.13
	 	FACADE PLANS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.14
	 	FACADE PLANS — BUFFET

	 	X
	 	X	 
	 	 	A3.3.7.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.3.7.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.8.1
	 	FACADE ELEVATION — BUFFET KITCHEN

	 	X
	 	X	 







					
	 	 	 	 	 
	ARCHITECTURAL
	 	5 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A3.3.8.2
	 	FACADE ELEVATION — BUFFET

	 	X
	 	X	 
	 	 	A3.3.8.3
	 	FACADE ELEVATION — EDR

	 	X
	 	X	 
	 	 	A3.3.8.11
	 	FACADE PLANS — BUFFET KITCHEN

	 	X
	 	X	 
	 	 	A3.3.8.12
	 	FACADE PLANS — BUFFET KITCHEN

	 	X
	 	X	 
	 	 	A3.3.8.13
	 	FACADE PLANS — EDR

	 	X
	 	X	 
	 	 	A3.3.8.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.3.10
	 	FACADE ELEVATION — WINDOW TYPES — NORTH

	 	X
	 	X	 
	 	 	A3.3.11
	 	FACADE ELEVATION — WINDOW TYPES — NORTH

	 	X
	 	X	 
	 	 	A3.3.20
	 	FACADE ELEVATION — DETAILS — NORTH

	 	X
	 	X	 
	 	 	A3.3.21
	 	FACADE ELEVATION — DETAILS — NORTH

	 	X
	 	X	 
	 	 	A3.3.22
	 	FACADE ELEVATION — DETAILS — NORTH

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.4.1.1
	 	FACADE ELEVATION — PROMENADE

	 	X
	 	X	 
	 	 	A3.4.1.2
	 	FACADE ELEVATION — PROMENADE

	 	X
	 	X	 
	 	 	A3.4.1.11
	 	FACADE PLANS — PROMENADE

	 	X
	 	X	 
	 	 	A3.4.1.12
	 	FACADE PLANS — PROMENADE

	 	X
	 	X	 
	 	 	A3.4.1.13
	 	FACADE PLANS — PROMENADE

	 	X
	 	X	 
	 	 	A3.4.1.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.4.1.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.4.2.1
	 	FACADE ELEVATION — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.2
	 	FACADE ELEVATION — CASINO

	 	X
	 	X	 
	 	 	A3.4.2. 3
	 	FACADE ELEVATION — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.11
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.12
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.13
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.14
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.15
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.16
	 	FACADE PLANS — CASINO

	 	X
	 	X	 








					
	 	 	 	 	 
	ARCHITECTURAL
	 	6 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A3.4.2.17
	 	FACADE PLANS — CASINO

	 	X
	 	X	 
	 	 	A3.4.2.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.4.3.1
	 	FACADE ELEVATION — LOBBY

	 	X
	 	X	 
	 	 	A3.4.3.2
	 	FACADE ELEVATION — LOBBY

	 	X
	 	X	 
	 	 	A3.4.3.11
	 	FACADE PLANS — LOBBY

	 	X
	 	X	 
	 	 	A3.4.3.12
	 	FACADE PLANS — LOBBY

	 	X
	 	X	 
	 	 	A3.4.3.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.4.3.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.4.3.23
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.4.4.1
	 	FACADE ELEVATION — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.2
	 	FACADE ELEVATION — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.3
	 	FACADE ELEVATION — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.4
	 	FACADE ELEVATION — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.5
	 	FACADE ELEVATIONS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.6
	 	FACADE PARTIAL SECTIONS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.11
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.12
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.13
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.14
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.15
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	A3.4.4.16
	 	FACADE PLANS — PORTE COCHERE

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.4.10
	 	FACADE ELEVATION — WINDOW TYPES — EAST

	 	X
	 	X	 
	 	 	A3.4.11
	 	FACADE ELEVATION — WINDOW TYPES — EAST

	 	X
	 	X	 
	 	 	A3.4.20
	 	FACADE ELEVATION — DETAILS — EAST

	 	X
	 	X	 
	 	 	A3.4.21
	 	FACADE ELEVATION — DETAILS — EAST

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.5.1.1
	 	FACADE ELEVATION — EMPLOYEE ENTRANCE

	 	X
	 	X	 









					
	 	 	 	 	 
	ARCHITECTURAL
	 	7 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A3.5.1.11
	 	FACADE PLANS — EMPLOYEE ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.1.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.5.1.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.5.2.1
	 	FACADE ELEVATION — EMPLOYEE ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.2.2
	 	FACADE ELEVATIONS — SOUTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.2.11
	 	FACADE PLANS — EMPLOYEE ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.2.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.5.2.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.5.3.1
	 	FACADE ELEVATION — SOUTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.3.2
	 	FACADE ELEVATION — SOUTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.3.11
	 	FACADE PLANS — SOUTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.3.12
	 	FACADE PLANS — SOUTH ENTRANCE

	 	X
	 	X	 
	 	 	A3.5.3.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.5.3.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.5.10
	 	FACADE ELEVATION — WINDOW TYPES — SOUTH

	 	X
	 	X	 
	 	 	A3.5.20
	 	FACADE ELEVATION — DETAILS — SOUTH

	 	X
	 	X	 
	 	 	A3.5.21
	 	FACADE ELEVATION — DETAILS — SOUTH

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.6.1.1
	 	FACADE ELEVATION — CP/DOCK

	 	X
	 	X	 
	 	 	A3.6.1.2
	 	FACADE ELEVATION — CP/DOCK

	 	X
	 	X	 
	 	 	A3.6.1.3
	 	FACADE ELEVATION — CP/DOCK

	 	X
	 	X	 
	 	 	A3.6.1.4
	 	FACADE ELEVATION — CP/DOCK

	 	X
	 	X	 
	 	 	A3.6.1.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.6.1.22
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	A3.6.1.23
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.6.2.1
	 	FACADE ELEVATION — WEST SIDE

	 	X
	 	X	 








					
	 	 	 	 	 
	ARCHITECTURAL
	 	8 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES
	 	 	 	 	 
	 	 	A3.6.2.2
	 	FACADE ELEVATION — WEST SIDE

	 	X
	 	X	 
	 	 	A3.6.2.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.6.3.1
	 	FACADE ELEVATION — WEST SIDE

	 	X
	 	X	 
	 	 	A3.6.3.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.6.4.1
	 	FACADE ELEVATION — WEST SIDE

	 	X
	 	X	 
	 	 	A3.6.4.2
	 	FACADE ELEVATION — WEST SIDE

	 	X
	 	X	 
	 	 	A3.6.4.21
	 	WALL SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A3.6.20
	 	FACADE ELEVATION — DETAILS — WEST

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A4.1.1
	 	BUILDING SECTIONS — A & B

	 	X
	 	X	 
	 	 	A4.1.2
	 	BUILDING SECTIONS — C & D

	 	X
	 	X	 
	 	 	A4.1.3
	 	BUILDING SECTIONS — E & F

	 	X
	 	X	 
	 	 	A4.1.4
	 	BUILDING SECTIONS — G & K

	 	X
	 	X	 
	 	 	A4.1.5
	 	BUILDING SECTIONS — M

	 	X
	 	X	 
	 	 	A4.1.6
	 	BUILDING SECTIONS — L, N, P & Q

	 	X
	 	X	 
	 	 	A4.1.7
	 	BUILDING SECTIONS — R, S & T

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A4.2.1
	 	PARTIAL BUILDING SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A5.0.1
	 	MASTER RCP — CASINO LEVEL

	 	X
	 	X	 
	 	 	A5.0.2
	 	MASTER RCP — SECOND LEVEL

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A5.1.1A
	 	CASINO LEVEL RCP — AREA A

	 	X
	 	X	 
	 	 	A5.1.1B
	 	CASINO LEVEL RCP — AREA B

	 	X
	 	X	 
	 	 	A5.1.1C
	 	CASINO LEVEL RCP — AREA C

	 	X
	 	X	 
	 	 	A5.1.1D
	 	CASINO LEVEL RCP — AREA D

	 	X
	 	X	 
	 	 	A5.1.1G
	 	CASINO LEVEL RCP — AREA G

	 	X
	 	X	 






					
	 	 	 	 	 
	ARCHITECTURAL
	 	9 of 54
	 	6/19/2008 10:14 AM






 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A5.1.1H
	 	CASINO LEVEL RCP — AREA H

	 	X
	 	X	 
	 	 	A5.1.1J
	 	CASINO LEVEL RCP — AREA J

	 	X
	 	X	 
	 	 	A5.1.1P
	 	CASINO LEVEL RCP — AREA P

	 	X
	 	X	 
	 	 	A5.1.1Q
	 	CASINO LEVEL RCP — AREA Q

	 	X
	 	X	 
	 	 	A5.1.1U
	 	CASINO LEVEL RCP — AREA U

	 	X
	 	X	 
	 	 	A5.1.1V
	 	CASINO LEVEL RCP — AREA V

	 	X
	 	X	 
	 	 	A5.1.1W
	 	CASINO LEVEL RCP — AREA W

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A5.1.2A
	 	SECOND LEVEL RCP — AREA A

	 	X
	 	X	 
	 	 	A5.1.2B
	 	SECOND LEVEL RCP — AREA B

	 	X
	 	X	 
	 	 	A5.1.2C
	 	SECOND LEVEL RCP — AREA C

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A6.2.1
	 	ELEVATOR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A6.3.1
	 	ELEVATOR DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A6.4.1
	 	STAIR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	A6.4.2
	 	STAIR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	A6.4.3
	 	STAIR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	A6.4.4
	 	STAIR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	A6.4.5
	 	STAIR PLANS & SECTIONS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A6.7.1
	 	STAIR DETAILS

	 	X
	 	X	 
	 	 	A6.7.2
	 	STAIR DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A7.1.0
	 	TOILET ACCESSORY & FIXTURE MOUNTING HEIGHTS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A7.1.1A
	 	TOILET PLAN, RCP & ELEV — LOUNGE

	 	X
	 	X	 
	 	 	A7.1.1B
	 	TOILET PLAN, RCP & ELEV — LOUNGE

	 	X
	 	X	 
	 	 	A7.1.1C
	 	TOILET PLAN, RCP & ELEV — LOUNGE

	 	X
	 	X	 








					
	 	 	 	 	 
	ARCHITECTURAL
	 	10 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A7.1.2A
	 	TOILET PLAN, RCP & ELEV — CASINO

	 	X
	 	X	 
	 	 	A7.1.2B
	 	TOILET PLAN, RCP & ELEV — CASINO

	 	X
	 	X	 
	 	 	A7.1.2C
	 	TOILET PLAN, RCP & ELEV — CASINO

	 	X
	 	X	 
	 	 	A7.1.3A
	 	TOILET PLAN, RCP & ELEV — PROMENADE

	 	X
	 	X	 
	 	 	A7.1.3B
	 	TOILET PLAN, RCP & ELEV — PROMENADE

	 	X
	 	X	 
	 	 	A7.1.3C
	 	TOILET PLAN, RCP & ELEV — PROMENADE

	 	X
	 	X	 
	 	 	A7.1.4A
	 	TOILET PLAN, RCP & ELEV — LOBBY

	 	X
	 	X	 
	 	 	A7.1.4B
	 	TOILET PLAN, RCP & ELEV — LOBBY

	 	X
	 	X	 
	 	 	A7.1.5A
	 	TOILET PLAN, RCP & ELEV — BUFFET

	 	X
	 	X	 
	 	 	A7.1.5B
	 	TOILET PLAN, RCP & ELEV — BUFFET

	 	X
	 	X	 
	 	 	A7.1.6A
	 	TOILET PLAN, RCP & ELEV — STAFF

	 	X
	 	X	 
	 	 	A7.1.6B
	 	TOILET PLAN, RCP & ELEV — STAFF

	 	X
	 	X	 
	 	 	A7.1.7A
	 	TOILET PLAN, RCP & ELEV — UNIFORM

	 	X
	 	X	 
	 	 	A7.1.7B
	 	TOILET PLAN, RCP & ELEV — UNIFORM

	 	X
	 	X	 
	 	 	A7.1.8A
	 	TOILET PLAN, RCP & ELEV — F.D. KITCHEN & HL

	 	X
	 	X	 
	 	 	A7.1.9A
	 	TOILET PLAN, RCP & ELEV — UNISEX

	 	X
	 	X	 
	 	 	A7.1.10A
	 	TOILET PLAN, RCP & ELEV — UNISEX

	 	X
	 	X	 
	 	 	A7.1.11A
	 	TOILET PLAN, RCP & ELEV — VIP & OFFICES

	 	X
	 	X	 
	 	 	A7.1.11B
	 	TOILET PLAN, RCP & ELEV — OFFICES

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A8.1.1
	 	EXTERIOR WALL DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A8.3.1
	 	SITE & LOADING DOCK DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A8.5.1
	 	ROOF DETAILS

	 	X
	 	X	 
	 	 	A8.5.2
	 	ROOF DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.1.1
	 	DOOR TYPES, LEGEND & NOTES

	 	X
	 	X	 
	 	 	A9.1.11
	 	DOOR SCHEDULE

	 	X
	 	X	 
	 	 	A9.1.12
	 	DOOR SCHEDULE

	 	X
	 	X	 









					
	 	 	 	 	 
	ARCHITECTURAL
	 	11 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	A9.1.21
	 	DOOR DETAILS

	 	X
	 	X	 
	 	 	A9.1.31
	 	DOOR THRESHOLD DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.2.1
	 	WINDOW AND LOUVER TYPES, LEGEND & NOTES

	 	X
	 	X	 
	 	 	A9.2.11
	 	WINDOW DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.4.1
	 	FINISH SCHEDULE — BACK-OF-HOUSE

	 	X
	 	X	 
	 	 	A9.4.2
	 	FINISH SCHEDULE

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.5.1
	 	PARTITION TYPE DETAILS

	 	X
	 	X	 
	 	 	A9.5.2
	 	PARTITION TYPE DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.6.1
	 	PARTITION FRAMING DETAILS

	 	X
	 	X	 
	 	 	A9.6.2
	 	PARTITION FRAMING DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	A9.7.1
	 	MISCELLANEOUS DETAILS

	 	X
	 	X	 
	 	 	A9.7.2
	 	MISCELLANEOUS DETAILS

	 	X
	 	X	 
	 	 	A9.7.3
	 	COLUMN/BEAM DETAILS

	 	X
	 	X	 
	 
	 	 	A9.8.1
	 	CEILING DETAILS

	 	X
	 	X	 
	 	 	A9.8.2
	 	CEILING DETAILS

	 	X
	 	X	 
	 
	 	 	A10.1.1
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.2
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.3
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.4
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.5
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.6
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.7
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 
	 	 	A10.1.8
	 	MILLWORK ELEVATIONS

	 	X
	 	X	 








					
	 	 	 	 	 
	ARCHITECTURAL
	 	12 of 54
	 	6/19/2008 10:14 AM






 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	ARCHITECTURAL
	 	16-Jun-08
	 	15-Jun-08
	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 	 	 	 	 
	 	 	A10.2.1
	 	MILLWORK DETAILS

	 	 	 	X	 	 	 	X
	 	 	A10.2.2
	 	MILLWORK DETAILS

	 	 	 	X	 	 	 	X	 
	 	 	A10.2.3
	 	MILLWORK DETAILS

	 	 	 	X	 	 	 	X	 
	 	 	A10.2.4
	 	MILLWORK DETAILS

	 	 	 	X	 	 	 	X	 
	 	 	 
	 	 
	 	 	 	 	 
	 
	 	 	 
	 	TOTAL ARCHITECTURAL SHEETS

	 	 	 	279	 	 	 	279	 
	 	 	 
	 	 
	 	 	 	 	 







					
	 	 	 	 	 
	ARCHITECTURAL
	 	13 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	CIVIL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	C0.1
	 	COVER SHEET

	 	X
	 	X	 
	 	 	C0.2
	 	GENERAL NOTES

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	C1.1
	 	TYPICAL SECTIONS

	 	X
	 	X	 
	 	 	C1.2
	 	TYPICAL SECTIONS

	 	X
	 	X	 
	 	 	C1.3
	 	TYPICAL SECTIONS & DETAILS

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	C2.1
	 	OVERALL SITE PLAN & SHEET INDEX

	 	X
	 	X	 
	 	 	C2.2
	 	EXISTING PROPERTY INFORMATION

	 	X
	 	X	 
	 	 	C2.3
	 	EXISTING PROPERTY INFORMATION

	 	X
	 	X	 
	 	 	C2.4
	 	EXISTING PROPERTY INFORMATION

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	C3.1
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.2
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.3
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.4
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.5
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.6
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.7
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.8
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.9
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.10
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.11
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.12
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.13
	 	SITE PLAN

	 	X
	 	X	 
	 	 	C3.14
	 	SITE PLAN

	 	X
	 	X	 







					
	 	 	 	 	 
	CIVIL
	 	14 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	CIVIL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	C4.1
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.2
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.3
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.4
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.5
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.6
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.7
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.8
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.9
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.10
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.11
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.12
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.13
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	C4.14
	 	GRADING PLAN

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	C5.1
	 	ACCESS ROAD PROFILE

	 	X
	 	X	 
	 	 	C5.2
	 	ACCESS ROAD PROFILE

	 	X
	 	X	 
	 	 	C5.3
	 	SERVICE ROAD PROFILE

	 	X
	 	X	 
	 	 	C5.4
	 	SERVICE ROAD PROFILE

	 	X
	 	X	 
	 	 	C5.5
	 	SOUTH PARKING LOT ROAD & HOFFMEISTER CONNECTION PROFILES

	 	X
	 	X	 
	 	 	C5.6
	 	NORTH PARKING LOT ROADS PROFILES

	 	X
	 	X	 
	 	 	C5.7
	 	BIKE TRAIL PROFILE

	 	X
	 	X	 
	 	 	C5.8
	 	BIKE TRAIL PROFILE

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	C6.1
	 	WALL A PROFILE

	 	X
	 	X	 
	 	 	C6.2
	 	WALL A & B PROFILES & DETAILS

	 	X
	 	X	 
	 	 	C6.3
	 	WALL C, D & E PROFILES & DETAILS

	 	X
	 	X	 







					
	 	 	 	 	 
	CIVIL
	 	15 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	CIVIL
	 	16-Jun-08
	 	15-Jun-08
	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 	 	 	 	 
	 	 	C6.4
	 	WALL F & G PROFILES

	 	 	X	 	 	X	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	C7.1
	 	SANITARY SEWER PROFILES

	 	 	X	 	 	X	 
	 	 	C7.2
	 	SANITARY LIFT STATION DETAILS

	 	 	X	 	 	X	 
	 	 	C7.3
	 	SANITARY SEWER DETAILS

	 	 	X	 	 	X	 
	 	 	C7.4
	 	SANITARY SEWER DETAILS

	 	 	X	 	 	X	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	C8.1
	 	STORM SEWER PROFILES — SYSTEM 1

	 	 	X	 	 	X	 
	 	 	C8.2
	 	STORM SEWER PROFILES — SYSTEM 1

	 	 	X	 	 	X	 
	 	 	C8.3
	 	STORM SEWER PROFILES — SYSTEM 1

	 	 	X	 	 	X	 
	 	 	C8.4
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.5
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.6
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.7
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.8
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.9
	 	STORM SEWER PROFILES — SYSTEM 2

	 	 	X	 	 	X	 
	 	 	C8.10
	 	STORM SEWER PROFILES — SYSTEM 2 & 3

	 	 	X	 	 	X	 
	 	 	C8.11
	 	STORM SEWER DETAILS

	 	 	X	 	 	X	 
	 	 	C8.12
	 	STORM SEWER DETAILS

	 	 	X	 	 	X	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	C9.1
	 	UTILITY DETAILS

	 	 	X	 	 	X	 
	 	 	C9.2
	 	UTILITY DETAILS

	 	 	X	 	 	X	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	 	C10.1
	 	STRIPIING AND SIGNING PLAN

	 	 	X	 	 	X	 
	 	 	C10.2
	 	STRIPIING AND SIGNING PLAN

	 	 	X	 	 	X	 
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 
	 	TOTAL CIVIL SHEETS

	 	 	69	 	 	69	 
	 	 	 	 	 	 	 	 	 	 








					
	 	 	 	 	 
	CIVIL
	 	16 of 54
	 	6/19/2008 10:14 AM





 


 









 




Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001





	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	STRUCTURAL
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #
	 	SHEET TITLES
	 	 	 	 	 
	 	 	S0.01
	 	COVER SHEET

	 	X
	 	X	 
	 	 	S0.02
	 	GENERAL NOTES

	 	X
	 	X	 
	 	 	S0.03
	 	GENERAL NOTES

	 	X
	 	X	 
	 	 	S0.04
	 	GENERAL NOTES

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	S0.1.0A
	 	SNOW LOADS PLAN — AREA A

	 	X
	 	X	 
	 	 	S0.1.0B
	 	SNOW LOADS PLAN — AREA B

	 	X
	 	X	 
	 	 	S0.1.0C
	 	SNOW LOADS PLAN — AREA C

	 	X
	 	X	 
	 	 	S0.1.0D
	 	SNOW LOADS PLAN — AREA D

	 	X
	 	X	 
	 	 	S0.1.0G
	 	SNOW LOADS PLAN — AREA G

	 	X
	 	X	 
	 	 	S0.1.0H
	 	SNOW LOADS PLAN — AREA H

	 	X
	 	X	 
	 	 	S0.1.0J
	 	SNOW LOADS PLAN — AREA J

	 	X
	 	X	 
	 	 	S0.1.0P
	 	SNOW LOADS PLAN — AREA P

	 	X
	 	X	 
	 	 	S0.1.0Q
	 	SNOW LOADS PLAN — AREA Q

	 	X
	 	X	 
	 	 	S0.1.0U
	 	SNOW LOADS PLAN — AREA U

	 	X
	 	X	 
	 	 	S0.1.0V
	 	SNOW LOADS PLAN — AREA V

	 	X
	 	X	 
	 	 	S0.1.0W
	 	SNOW LOADS PLAN — AREA W

	 	X
	 	X	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	S0.1.1A
	 	WIND UPLIFT PLAN — AREA A

	 	X
	 	X	 
	 	 	S0.1.1B
	 	WIND UPLIFT PLAN — AREA B

	 	X
	 	X	 
	 	 	S0.1.1C
	 	WIND UPLIFT PLAN — AREA C

	 	X
	 	X	 
	 	 	S0.1.1D
	 	WIND UPLIFT PLAN — AREA D

	 	X
	 	X	 
	 	 	S0.1.1G
	 	WIND UPLIFT PLAN — AREA G

	 	X
	 	X	 
	 	 	S0.1.1H
	 	WIND UPLIFT PLAN — AREA H

	 	X
	 	X	 
	 	 	S0.1.1J
	 	WIND UPLIFT PLAN — AREA J

	 	X
	 	X	 
	 	 	S0.1.1P
	 	WIND UPLIFT PLAN — AREA P

	 	X
	 	X	 
	 	 	S0.1.1Q
	 	WIND UPLIFT PLAN — AREA Q

	 	X
	 	X	 
	 	 	S0.1.1U
	 	WIND UPLIFT PLAN — AREA U

	 	X
	 	X	 








					
	 	 	 	 	 
	STRUCTURAL
	 	17 of 54
	 	6/19/2008 10:14 AM





 


 











 




Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	STRUCTURAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	S0.1.1V	 	WIND UPLIFT PLAN — AREA V	 	 	X	 	 	 	X	 
	 
	 	S0.1.1W	 	WIND UPLIFT PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.1.1	 	BASIN CONSTRUCTION JOINT PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00	 	PILE CAPACITY PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.1.0A	 	FOUNDATION PLAN — AREA A	 	 	X	 	 	 	X	 
	 
	 	S2.1.0B	 	FOUNDATION PLAN — AREA B	 	 	X	 	 	 	X	 
	 
	 	S2.1.0C	 	FOUNDATION PLAN — AREA C	 	 	X	 	 	 	X	 
	 
	 	S2.1.0D	 	FOUNDATION PLAN — AREA D	 	 	X	 	 	 	X	 
	 
	 	S2.1.0G	 	FOUNDATION PLAN — AREA G	 	 	X	 	 	 	X	 
	 
	 	S2.1.0H	 	FOUNDATION PLAN — AREA H	 	 	X	 	 	 	X	 
	 
	 	S2.1.0J	 	FOUNDATION PLAN — AREA J	 	 	X	 	 	 	X	 
	 
	 	S2.1.0P	 	FOUNDATION PLAN — AREA P	 	 	X	 	 	 	X	 
	 
	 	S2.1.0Q	 	FOUNDATION PLAN — AREA Q	 	 	X	 	 	 	X	 
	 
	 	S2.1.0U	 	FOUNDATION PLAN — AREA U	 	 	X	 	 	 	X	 
	 
	 	S2.1.0V	 	FOUNDATION PLAN — AREA V	 	 	X	 	 	 	X	 
	 
	 	S2.1.0W	 	FOUNDATION PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.1.1A	 	CASINO LEVEL FRAMING PLAN — AREA A	 	 	X	 	 	 	X	 
	 
	 	S2.1.1B	 	CASINO LEVEL FRAMING PLAN — AREA B	 	 	X	 	 	 	X	 
	 
	 	S2.1.1C	 	CASINO LEVEL FRAMING PLAN — AREA C	 	 	X	 	 	 	X	 
	 
	 	S2.1.1D	 	CASINO LEVEL FRAMING PLAN — AREA D	 	 	X	 	 	 	X	 
	 
	 	S2.1.1G	 	CASINO LEVEL FRAMING PLAN — AREA G	 	 	X	 	 	 	X	 
	 
	 	S2.1.1H	 	CASINO LEVEL FRAMING PLAN — AREA H	 	 	X	 	 	 	X	 
	 
	 	S2.1.1J	 	CASINO LEVEL FRAMING PLAN — AREA J	 	 	X	 	 	 	X	 
	 
	 	S2.1.1P	 	CASINO LEVEL FRAMING PLAN  — AREA P	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	STRUCTURAL
	 	18 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	STRUCTURAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	S2.1.1Q	 	CASINO LEVEL FRAMING PLAN — AREA Q	 	 	X	 	 	 	X	 
	 
	 	S2.1.1U	 	CASINO LEVEL FRAMING PLAN — AREA U	 	 	X	 	 	 	X	 
	 
	 	S2.1.1V	 	CASINO LEVEL FRAMING PLAN — AREA V	 	 	X	 	 	 	X	 
	 
	 	S2.1.1W	 	CASINO LEVEL FRAMING PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.1.2A	 	SECOND LEVEL FRAMING PLAN — AREA A	 	 	X	 	 	 	X	 
	 
	 	S2.1.2B	 	SECOND LEVEL FRAMING PLAN — AREA B	 	 	X	 	 	 	X	 
	 
	 	S2.1.2C	 	SECOND LEVEL FRAMING PLAN — AREA C	 	 	X	 	 	 	X	 
	 
	 	S2.1.2D	 	SECOND LEVEL FRAMING PLAN — AREA D	 	 	X	 	 	 	X	 
	 
	 	S2.1.2G	 	SECOND LEVEL FRAMING PLAN — AREA G	 	 	X	 	 	 	X	 
	 
	 	S2.1.2H	 	SECOND LEVEL FRAMING PLAN — AREA H	 	 	X	 	 	 	X	 
	 
	 	S2.1.2J	 	SECOND LEVEL FRAMING PLAN — AREA J	 	 	X	 	 	 	X	 
	 
	 	S2.1.2P	 	SECOND LEVEL FRAMING PLAN — AREA P	 	 	X	 	 	 	X	 
	 
	 	S2.1.2Q	 	SECOND LEVEL FRAMING PLAN — AREA Q	 	 	X	 	 	 	X	 
	 
	 	S2.1.2U	 	SECOND LEVEL FRAMING PLAN — AREA U	 	 	X	 	 	 	X	 
	 
	 	S2.1.2V	 	SECOND LEVEL FRAMING PLAN — AREA V	 	 	X	 	 	 	X	 
	 
	 	S2.1.2W	 	SECOND LEVEL FRAMING PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.1.3A	 	ROOF LEVEL FRAMING PLAN — AREA A	 	 	X	 	 	 	X	 
	 
	 	S2.1.3B	 	ROOF LEVEL FRAMING PLAN — AREA B	 	 	X	 	 	 	X	 
	 
	 	S2.1.3C	 	ROOF LEVEL FRAMING PLAN — AREA C	 	 	X	 	 	 	X	 
	 
	 	S2.1.3D	 	ROOF LEVEL FRAMING PLAN — AREA D	 	 	X	 	 	 	X	 
	 
	 	S2.1.3G	 	ROOF LEVEL FRAMING PLAN — AREA G	 	 	X	 	 	 	X	 
	 
	 	S2.1.3H	 	ROOF LEVEL FRAMING PLAN — AREA H	 	 	X	 	 	 	X	 
	 
	 	S2.1.3J	 	ROOF LEVEL FRAMING PLAN — AREA J	 	 	X	 	 	 	X	 
	 
	 	S2.1.3P	 	ROOF LEVEL FRAMING PLAN — AREA P	 	 	X	 	 	 	X	 
	 
	 	S2.1.3Q	 	ROOF LEVEL FRAMING PLAN — AREA Q	 	 	X	 	 	 	X	 
	 
	 	S2.1.3U	 	ROOF LEVEL FRAMING PLAN  — AREA U	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	STRUCTURAL
	 	19 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	STRUCTURAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	S2.1.3V	 	ROOF LEVEL AND CURB FRAMING PLANS — AREA V	 	 	X	 	 	 	X	 
	 
	 	S2.1.3W	 	ROOF LEVEL FRAMING PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.1.4V	 	TOWER ROOF FRAMING PLAN — AREA V	 	 	X	 	 	 	X	 
	 
	 	S2.1.4W	 	TOWER ROOF FRAMING PLAN — AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.11	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.12	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.13	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.14	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.15	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.16	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.17	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.18	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.19	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.20	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.21	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.22	 	BEAM ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.31	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.32	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.33	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.34	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.35	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.36	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	S3.37	 	BRACE ELEVATIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.41	 	SIGN ELEVATIONS	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	STRUCTURAL
	 	20 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	STRUCTURAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.51	 	WALL ELEVATIONS	 	 	X	 	 	 	X	 
	 	 	 
	 
	 	S4.21	 	BEAM SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S4.22	 	BEAM SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S4.23	 	BEAM SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.01	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.02	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.03	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.04	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.05	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.06	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.07	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.08	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.09	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.10	 	FOUNDATION SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.11	 	CONCRETE SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.12	 	CONCRETE SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.13	 	CONCRETE SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.31	 	MASONRY WALL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.32	 	MASONRY WALL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.41	 	MISCELLANEOUS SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.51	 	STEEL SECTIONS	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	STRUCTURAL
	 	21 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	STRUCTURAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	S5.52	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.53	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.54	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.55	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.56	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.57	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.58	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.59	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.510	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.511	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	S5.512	 	STEEL SECTIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S7.11	 	PILE CAP PLANS	 	 	X	 	 	 	X	 
	 
	 	S7.12	 	PILE CAP PLANS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 		 	TOTAL STRUCTURAL SHEETS	 	 	134	 	 	 	134	 
	 
	 	 	 	 	 	 	 	 	 	 






					
	 	 	 	 	 
	STRUCTURAL
	 	22 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	MECHANICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	M1.0.1	 	MECHANICAL NOTE AND SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	M1.0.2	 	MECHANICAL OUTSIDE AIR CALCULATIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M2.1.1A	 	CASINO LEVEL MECHANICAL PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	M2.1.1B	 	CASINO LEVEL MECHANICAL PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	M2.1.1C	 	CASINO LEVEL MECHANICAL PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	M2.1.1D	 	CASINO LEVEL MECHANICAL PLAN AREA D	 	 	X	 	 	 	X	 
	 
	 	M2.1.1G	 	CASINO LEVEL MECHANICAL PLAN AREA G	 	 	X	 	 	 	X	 
	 
	 	M2.1.1H	 	CASINO LEVEL MECHANICAL PLAN AREA H	 	 	X	 	 	 	X	 
	 
	 	M2.1.1J	 	CASINO LEVEL MECHANICAL PLAN AREA J	 	 	X	 	 	 	X	 
	 
	 	M2.1.1P	 	CASINO LEVEL MECHANICAL PLAN AREA P	 	 	X	 	 	 	X	 
	 
	 	M2.1.1Q	 	CASINO LEVEL MECHANICAL PLAN AREA Q	 	 	X	 	 	 	X	 
	 
	 	M2.1.1U	 	CASINO LEVEL MECHANICAL PLAN AREA U	 	 	X	 	 	 	X	 
	 
	 	M2.1.1V	 	CASINO LEVEL MECHANICAL PLAN AREA V	 	 	X	 	 	 	X	 
	 
	 	M2.1.1W	 	CASINO LEVEL MECHANICAL PLAN AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M2.1.2A	 	SECOND LEVEL MECHANICAL PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	M2.1.2B	 	SECOND LEVEL MECHANICAL PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	M2.1.2C	 	SECOND LEVEL MECHANICAL PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	M2.1.2D	 	SECOND LEVEL MECHANICAL PLAN AREA D	 	 	X	 	 	 	X	 
	 
	 	M2.1.2H	 	SECOND LEVEL MECHANICAL PLAN AREA H	 	 	X	 	 	 	X	 
	 
	 	M2.1.2P	 	SECOND LEVEL MECHANICAL PLAN AREA P	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M2.1.3	 	MECHANICAL PLAN ROOF	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M8.1.1	 	MECHANICAL ENLARGED PACKAGED CHILLED WATER PLANT	 	 	X	 	 	 	X	 
	 
	 	M8.1.2	 	MECHANICAL ENLARGED HEATING PLANT	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	MECHANICAL
	 	23 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	MECHANICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	M9.1.1	 	MECHANICAL PIPING SCHEMATICS	 	 	X	 	 	 	X	 
	 
	 	M9.1.2	 	MECHANICAL PIPING SCHEMATICS	 	 	X	 	 	 	X	 
	 
	 	M9.1.3	 	MECHANICAL PIPING SCHEMATICS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M10.1.1	 	MECHANICAL DETAILS	 	 	X	 	 	 	X	 
	 
	 	M10.1.2	 	MECHANICAL DETAILS	 	 	X	 	 	 	X	 
	 
	 	M10.1.3	 	MECHANICAL DETAILS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M11.1.1	 	MECHANICAL SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	M11.1.2	 	MECHANICAL SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	M11.1.3	 	MECHANICAL SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL MECHANICAL SHEETS	 	 	32	 	 	 	32	 
	 
	 	 	 	 	 	 	 	 	 	 






					
	 	 	 	 	 
	MECHANICAL
	 	24 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	PLUMBING

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	P2.1.1A	 	CASINO LEVEL PLUMBING PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	P2.1.1B	 	CASINO LEVEL PLUMBING PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	P2.1.1C	 	CASINO LEVEL PLUMBING PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	P2.1.1D	 	CASINO LEVEL PLUMBING PLAN AREA D	 	 	X	 	 	 	X	 
	 
	 	P2.1.1G	 	CASINO LEVEL PLUMBING PLAN AREA G	 	 	X	 	 	 	X	 
	 
	 	P2.1.1H	 	CASINO LEVEL PLUMBING PLAN AREA H	 	 	X	 	 	 	X	 
	 
	 	P2.1.1J	 	CASINO LEVEL PLUMBING PLAN AREA J	 	 	X	 	 	 	X	 
	 
	 	P2.1.1P	 	CASINO LEVEL PLUMBING PLAN AREA P	 	 	X	 	 	 	X	 
	 
	 	P2.1.1Q	 	CASINO LEVEL PLUMBING PLAN AREA Q	 	 	X	 	 	 	X	 
	 
	 	P2.1.1U	 	CASINO LEVEL PLUMBING PLAN AREA U	 	 	X	 	 	 	X	 
	 
	 	P2.1.1V	 	CASINO LEVEL PLUMBING PLAN AREA V	 	 	X	 	 	 	X	 
	 
	 	P2.1.1W	 	CASINO LEVEL PLUMBING PLAN AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P2.1.2A	 	SECOND LEVEL PLUMBING PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	P2.1.2B	 	SECOND LEVEL PLUMBING PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	P2.1.2C	 	SECOND LEVEL PLUMBING PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P2.1.3	 	ROOF LEVEL PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P3.1.1	 	CASINO LEVEL FIRE PROTECTION PLAN	 	 	X	 	 	 	X	 
	 
	 	P3.1.2	 	SECOND LEVEL FIRE PROTECTION PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P5.1.1	 	PLUMBING RISER DIAGRAMS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P10.1.1	 	PLUMBING DETAILS SCHEDULES AND LEGENDS	 	 	X	 	 	 	X	 
	 
	 	P10.1.2	 	PLUMBING DETAILS SCHEDULES AND LEGENDS	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	PLUMBING
	 	25 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	PLUMBING

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	PFS-1.0	 	CASINO LEVEL WAREHOUSE PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-2.0	 	CASINO LEVEL MAIN KITCHEN PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-3.0	 	CASINO LEVEL BUFFET PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-4.0	 	CASINO LEVEL EMPLOYEE DINING ROOM PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-5.0	 	CASINO LEVEL FINE DINING PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-6.0	 	CASINO LEVEL 24 HOUR RESTAURANT PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-7.0	 	CASINO LEVEL ENTERTAINMENT BAR PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-8.0	 	CASINO LEVEL CASINO BARS PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-9.0	 	CASINO LEVEL BEER HALL PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-10.0	 	CASINO LEVEL BEER GARDEN KITCHEN PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-11.0	 	CASINO LEVEL HIGH LIMIT SERVICE BAR PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	PFS-12.0	 	CASINO LEVEL SOUTHEAST SERVICE BAR PLUMBING PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL PLUMBING SHEETS	 	 	33	 	 	 	33	 
	 
	 	 	 	 	 	 	 	 	 	 






					
	 	 	 	 	 
	PLUMBING
	 	26 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	ELECTRICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	E1.0.1	 	ELECTRICAL NOTES, SYMBOLS AND SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	E1.3.2	 	ELECTRICAL SITE PLAN	 	 	X	 	 	 	X	 
	 
	 	E1.4.1	 	ELECTRICAL SITE LIGHTING PLAN	 	 	X	 	 	 	X	 
	 
	 	E1.4.2	 	ELECTRICAL SITE LIGHTING PLAN	 	 	X	 	 	 	X	 
	 
	 	E2.1.1A	 	CASINO LEVEL ELECTRICAL PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	E2.1.1B	 	CASINO LEVEL ELECTRICAL PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	E2.1.1C	 	CASINO LEVEL ELECTRICAL PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	E2.1.1D	 	CASINO LEVEL ELECTRICAL PLAN AREA D	 	 	X	 	 	 	X	 
	 
	 	E2.1.1G	 	CASINO LEVEL ELECTRICAL PLAN AREA G	 	 	X	 	 	 	X	 
	 
	 	E2.1.1H	 	CASINO LEVEL ELECTRICAL PLAN AREA H	 	 	X	 	 	 	X	 
	 
	 	E2.1.1J	 	CASINO LEVEL ELECTRICAL PLAN AREA J	 	 	X	 	 	 	X	 
	 
	 	E2.1.1P	 	CASINO LEVEL ELECTRICAL PLAN AREA P	 	 	X	 	 	 	X	 
	 
	 	E2.1.1Q	 	CASINO LEVEL ELECTRICAL PLAN AREA Q	 	 	X	 	 	 	X	 
	 
	 	E2.1.1U	 	CASINO LEVEL ELECTRICAL PLAN AREA U	 	 	X	 	 	 	X	 
	 
	 	E2.1.1V	 	CASINO LEVEL ELECTRICAL PLAN AREA V	 	 	X	 	 	 	X	 
	 
	 	E2.1.1W	 	CASINO LEVEL ELECTRICAL PLAN AREA W	 	 	X	 	 	 	X	 
	 
	 	E2.1.2A	 	SECOND LEVEL ELECTRICAL PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	E2.1.2B	 	SECOND LEVEL ELECTRICAL PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	E2.1.2C	 	SECOND LEVEL ELECTRICAL PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E2.4.1	 	ELECTRICAL PLAN ROOF LEVEL	 	 	X	 	 	 	X	 
	 
	 	E2.5.1	 	ELECTRICAL GROUNDING PLAN	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E5.1.1A	 	CASINO LEVEL LIGHTING PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	E5.1.1B	 	CASINO LEVEL LIGHTING PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	E5.1.1C	 	CASINO LEVEL LIGHTING PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	E5.1.1D	 	CASINO LEVEL LIGHTING PLAN AREA D	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	ELECTRICAL
	 	27 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	ELECTRICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	E5.1.1G	 	CASINO LEVEL LIGHTING PLAN AREA G	 	 	X	 	 	 	X	 
	 
	 	E5.1.1H	 	CASINO LEVEL LIGHTING PLAN AREA H	 	 	X	 	 	 	X	 
	 
	 	E5.1.1J	 	CASINO LEVEL LIGHTING PLAN AREA J	 	 	X	 	 	 	X	 
	 
	 	E5.1.1P	 	CASINO LEVEL LIGHTING PLAN AREA P	 	 	X	 	 	 	X	 
	 
	 	E5.1.1Q	 	CASINO LEVEL LIGHTING PLAN AREA Q	 	 	X	 	 	 	X	 
	 
	 	E5.1.1U	 	CASINO LEVEL LIGHTING PLAN AREA U	 	 	X	 	 	 	X	 
	 
	 	E5.1.1V	 	CASINO LEVEL LIGHTING PLAN AREA V	 	 	X	 	 	 	X	 
	 
	 	E5.1.1W	 	CASINO LEVEL LIGHTING PLAN AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E5.1.2A	 	SECOND LEVEL LIGHTING PLAN AREA A	 	 	X	 	 	 	X	 
	 
	 	E5.1.2B	 	SECOND LEVEL LIGHTING PLAN AREA B	 	 	X	 	 	 	X	 
	 
	 	E5.1.2C	 	SECOND LEVEL LIGHTING PLAN AREA C	 	 	X	 	 	 	X	 
	 
	 	E5.1.2D	 	SECOND LEVEL LIGHTING PLAN AREA D	 	 	X	 	 	 	X	 
	 
	 	E5.1.2J	 	SECOND LEVEL LIGHTING PLAN AREA J	 	 	X	 	 	 	X	 
	 
	 	E5.1.2Q	 	SECOND LEVEL LIGHTING PLAN AREA Q	 	 	X	 	 	 	X	 
	 
	 	E5.1.2U	 	SECOND LEVEL LIGHTING PLAN AREA U	 	 	X	 	 	 	X	 
	 
	 	E5.1.2V	 	SECOND LEVEL LIGHTING PLAN AREA V	 	 	X	 	 	 	X	 
	 
	 	E5.1.2W	 	SECOND LEVEL LIGHTING PLAN AREA W	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E8.1.1	 	ONE-LINE DIAGRAMS NORMAL POWER MSA/MSB	 	 	X	 	 	 	X	 
	 
	 	E8.1.2	 	ONE-LINE DIAGRAMS EMERGENCY POWER EMSA/EMSB	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E9.1.1	 	ELECTRICAL RISER DIAGRAM NORMAL POWER MSA/MSB	 	 	X	 	 	 	X	 
	 
	 	E9.1.2	 	ELECTRICAL RISER DIAGRAMS EMERGENCY POWER EMSA/EMSB	 	 	X	 	 	 	X	 
	 
	 	E9.1.3	 	FIRE ALARM DIAGRAMS AND FIRE ALARM MATRIX	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E10.1.1	 	ELECTRICAL PANEL SCHEDULES MSA	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	ELECTRICAL
	 	28 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	ELECTRICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	E10.1.2	 	ELECTRICAL PANEL SCHEDULES MSA	 	 	X	 	 	 	X	 
	 
	 	E10.1.3	 	ELECTRICAL PANEL SCHEDULES MSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.4	 	ELECTRICAL PANEL SCHEDULES MSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.5	 	ELECTRICAL PANEL SCHEDULES EMSA	 	 	X	 	 	 	X	 
	 
	 	E10.1.6	 	ELECTRICAL PANEL SCHEDULES EMSA	 	 	X	 	 	 	X	 
	 
	 	E10.1.7	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.8	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.9	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	x	 
	 
	 	E10.1.10	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.11	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.12	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	E10.1.13	 	ELECTRICAL PANEL SCHEDULES EMSB	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E10.2.1	 	ELECTRICAL RELAY SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	E10.2.2	 	ELECTRICAL RELAY SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E10.3.1	 	ELECTRICAL DIMMER SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	E10.3.2	 	ELECTRICAL DIMMER SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	E10.3.3	 	ELECTRICAL DIMMER SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	E10.3.4	 	ELECTRICAL DIMMER SCHEDULES	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E11.1.1	 	ELECTRICAL CALCULATIONS	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	EFS-1.0	 	CASINO LEVEL WAREHOUSE ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-2.0	 	CASINO LEVEL MAIN KITCHEN ELECTRICAL PLAN	 	 	X	 	 	 	X	 
	 
	 	EFS-2.01	 	CASINO LEVEL MAIN KITCHEN ELECTRICAL FOOD SERVICE EQUIP.	 	 	X	 	 	 	X	 
	 
	 	EFS-3.0	 	CASINO LEVEL BUFFET ELECTRICAL PLANS AND SCHEDULE	 	 	X	 	 	 	X	 






					
	 	 	 	 	 
	ELECTRICAL
	 	29 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	 	PLAN CHECK	 
	ELECTRICAL

	 	16-Jun-08	 	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 
	 
	 	EFS-3.01	 	CASINO LEVEL BUFFET ELECTRICAL FOOD SERVICE EQUIP. SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-4.0	 	CASINO LEVEL EMPLOYEE DINING ROOM ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-5.0	 	CASINO LEVEL FINE DINING ELECTRICAL PLAN	 	 	X	 	 	 	X	 
	 
	 	EFS-5.01	 	CASINO LEVEL FINE DINING ELECTRICAL FOOD SERVICE EQUIP. SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-5.02	 	CASINO LEVEL FINE DINING ELECTRICAL FOOD SERVICE EQUIP. SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-6.0	 	CASINO LEVEL 24 HOUR RESTAURANT ELECTRICAL PLAN	 	 	X	 	 	 	X	 
	 
	 	EFS-6.01	 	CASINO LEVEL 24 HOUR RESTAURANT ELECTRICAL FOOD- SERVICE	 	 	X	 	 	 	X	 
	 
	 	EFS-7.0	 	CASINO LEVEL ENTERTAINMENT BAR ELECTRICAL PLAN	 	 	X	 	 	 	X	 
	 
	 	EFS-7.01	 	CASINO LEVEL ENTERTAINMENT LOUNGE ELECTRICAL FOOD- SERVICE	 	 	X	 	 	 	X	 
	 
	 	EFS-8.0	 	CASINO LEVEL CASINO BAR ELECTRICAL PLAN	 	 	X	 	 	 	X	 
	 
	 	EFS-8.01	 	CASINO LEVEL CASINO BAR ELECTRICAL FOOD- SERVICE EQUIPMENT	 	 	X	 	 	 	X	 
	 
	 	EFS-9.0	 	CASINO LEVEL BEER HALL ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-10.0	 	CASINO LEVEL BEER GARDEN KITCHEN ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-11.0	 	CASINO LEVEL SERVICE BAR ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-12.0	 	CASINO LEVEL SERVICE BAR ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-13.0	 	SECOND LEVEL VIP BAR ELECTRICAL PLAN AND SCHEDULE	 	 	X	 	 	 	X	 
	 
	 	EFS-14.0	 	CASINO LEVEL SOUTHWEST COFFEE BAR ELECTRICAL PLAN AND	 	 	X	 	 	 	X	 
	 
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL ELECTRICAL SHEETS	 	 	88	 	 	 	88	 
	 
	 	 	 	 	 	 	 	 	 	 






					
	 	 	 	 	 
	ELECTRICAL
	 	30 of 54
	 	6/19/2008 10:14 AM







 


 











 








Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LIGHTING
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	SL1.1.1	 	SITE LIGHTING PLAN	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL1.2.1	 	MASTER PLAN CASINO LEVEL LIGHTING	 	X	 	X	 
	 
	 	SL1.2.2	 	MASTER PLAN SECOND LEVEL LIGHTING	 	X	 	X	 
	 
	 	SL1.3.1	 	MASTER PLAN ROOF LEVEL LIGHTING	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL2.1.1G	 	CASINO LEVEL LIGHTING PLAN AREA G	 	X	 	X	 
	 
	 	SL2.1.1H	 	CASINO LEVEL PLAN LIGHTING AREA H	 	X	 	X	 
	 
	 	SL2.1.1J	 	CASINO LEVEL PLAN LIGHTING AREA J	 	X	 	X	 
	 
	 	SL2.1.1P	 	CASINO LEVEL PLAN LIGHTING AREA P	 	X	 	X	 
	 
	 	SL2.1.1Q	 	CASINO LEVEL PLAN LIGHTING AREA Q	 	X	 	X	 
	 
	 	SL2.1.1U	 	CASINO LEVEL PLAN LIGHTING AREA U	 	X	 	X	 
	 
	 	SL2.1.1V	 	CASINO LEVEL PLAN LIGHTING AREA V	 	X	 	X	 
	 
	 	SL2.1.2D	 	SECOND LEVEL PLAN LIGHTING AREA D	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL3.1.1	 	OVERALL LIGHTING EXT. ELEVATIONS	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL3.2.1	 	EXTERIOR ELEVATION NORTH — LIGHTING	 	X	 	X	 
	 
	 	SL3.2.2	 	EXTERIOR ELEVATION EAST — LIGHTING	 	X	 	X	 
	 
	 	SL3.2.3	 	EXTERIOR ELEVATION SOUTH — LIGHTING	 	X	 	X	 
	 
	 	SL3.2.4	 	EXTERIOR ELEVATION WEST — LIGHTING	 	X	 	X	 
	 
	 	SL3.2.5	 	EXTERIOR ELEVATION — LIGHTING	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL5.0.1	 	MASTER LIGHTING RCP CASINO LEVEL	 	X	 	X	 
	 
	 	SL5.0.2	 	MASTER LIGHTING RCP SECOND LEVEL	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL5.1.1C	 	CASINO LEVEL LIGHTING RCP AREA C	 	X	 	X	 






	 	 	 
	LIGHTING

	31 of 54 	6/19/2008 10:14 AM





 












 







Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LIGHTING
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	SL5.1.1DA	 	CASINO LEVEL LIGHTING RCP AREA D	 	X	 	X	 
	 
	 	SL5.1.1DB	 	CASINO LEVEL LIGHTING WALL AREA D	 	X	 	X	 
	 
	 	SL5.1.1GA	 	CASINO LEVEL LIGHTING RCP AREA G	 	X	 	X	 
	 
	 	SL5.1.1GB	 	CASINO LEVEL LIGHTING WALL AREA G	 	X	 	X	 
	 
	 	SL5.1.1HA	 	CASINO LEVEL LIGHTING RCP AREA H	 	X	 	X	 
	 
	 	SL5.1.1HB	 	CASINO LEVEL LIGHTING WALL AREA H	 	X	 	X	 
	 
	 	SL5.1.1JA	 	CASINO LEVEL LIGHTING RCP AREA J	 	X	 	X	 
	 
	 	SL5.1.1JB	 	CASINO LEVEL LIGHTING WALL AREA J	 	X	 	X	 
	 
	 	SL5.1.1PA	 	CASINO LEVEL LIGHTING RCP AREA P	 	X	 	X	 
	 
	 	SL5.1.1PB	 	CASINO LEVEL LIGHTING WALL AREA P	 	X	 	X	 
	 
	 	SL5.1.1QA	 	CASINO LEVEL LIGHTING RCP AREA Q	 	X	 	X	 
	 
	 	SL5.1.1QB	 	CASINO LEVEL LIGHTING WALL AREA Q	 	X	 	X	 
	 
	 	SL5.1.1UA	 	CASINO LEVEL LIGHTING RCP AREA U	 	X	 	X	 
	 
	 	SL5.1.1UB	 	CASINO LEVEL LIGHTING WALL AREA U	 	X	 	X	 
	 
	 	SL5.1.1VA	 	CASINO LEVEL LIGHTING RCP AREA V	 	X	 	X	 
	 
	 	SL5.1.1VB	 	CASINO LEVEL LIGHTING WALL AREA V	 	X	 	X	 
	 
	 	SL5.1.1WA	 	CASINO LEVEL LIGHTING RCP AREA W	 	X	 	X	 
	 
	 	SL5.1.1WB	 	CASINO LEVEL LIGHTING WALL AREA W	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	SL5.1.2C	 	SECOND LEVEL LIGHTING RCP AREA C	 	X	 	X	 
	 
	 	SL5.1.2DA	 	SECOND LEVEL LIGHTING RCP AREA D	 	X	 	X	 
	 
	 	SL5.1.2DB	 	SECOND LEVEL LIGHTING WALL AREA D	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL LIGHTING SHEETS 	 	42	 	42	 






	 	 	 
	LIGHTING

	32 of 54 	6/19/2008 10:14 AM





 












 







Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LOW VOLTAGE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	VD.00.000	 	NOTES AND SYMBOLS	 	X	 	X	 
	 
	 	VD.00.001	 	SECTION 27 00 00 GENERAL CONDITIONS	 	X	 	X	 
	 
	 	VD.00.002	 	SECTION 27 00 00 GENERAL CONDITIONS	 	X	 	X	 
	 
	 	VD.00.003	 	SECTION 27 10 00 COMMUNICATIONS CABLING	 	X	 	X	 
	 
	 	VD.00.004	 	SECTION 27 10 00 COMMUNICATIONS CABLING	 	X	 	X	 
	 
	 	VD.00.005	 	SECTION 27 10 00 COMMUNICATIONS CABLING	 	X	 	X	 
	 
	 	VD.00.100	 	DEVICE LEGEND	 	X	 	X	 
	 
	 	VD.00.101	 	LVL 1 WIRE TRAY LAYOUT	 	X	 	X	 
	 
	 	VD.00.102A	 	SYSTEM RISER DIAGRAMS	 	X	 	X	 
	 
	 	VD.00.102B	 	SYSTEM RISER SCHEDULES	 	X	 	X	 
	 
	 	VD.00.103	 	TELECOM GROUNDING SYSTEM	 	X	 	X	 
	 
	 	VD.01.001	 	IDF-1A & IDF-1B OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.002	 	IDF-1C OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.003	 	IDF-1D, IDF-1E, & IDF-1F OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.004	 	IDF-1G & IDF-1H LVL 1 OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.005	 	IDF-1H LVL1 FLOOR OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.006	 	MDF-2 LVL1 OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.01.101	 	IDF-1A BUILD OUT	 	X	 	X	 
	 
	 	VD.01.102	 	IDF-1B BUILD OUT	 	X	 	X	 
	 
	 	VD.01.103	 	IDF-1C BUILD OUT	 	X	 	X	 
	 
	 	VD.01.104	 	IDF-1D BUILD OUT	 	X	 	X	 
	 
	 	VD.01.105	 	IDF-1E BUILD OUT	 	X	 	X	 
	 
	 	VD.01.106	 	IDF-1F BUILD OUT	 	X	 	X	 
	 
	 	VD.01.107	 	IDF-1G BUILD OUT	 	X	 	X	 
	 
	 	VD 01.108	 	IDF-1H BUILD OUT	 	X	 	X	 
	 
	 	VD.02.007	 	IDF-2A & MDF-2 LVL 2 OUTLET LOCATIONS	 	X	 	X	 
	 
	 	VD.02.109A	 	MDF-2 BUILD OUT	 	X	 	X	 






	 	 	 
	LOW VOLTAGE

	33 of 54 	6/19/2008 10:14 AM





 












 







Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LOW VOLTAGE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	VD.02.109B	 	SPOT POLLING ROOM	 	X	 	X	 
	 
	 	VD.02.110	 	IDF-2A BUILD OUT	 	X	 	X	 
	 
	 	AV.00.000	 	SECTION 27 41 00 AUDIO-VIDEO SYSTEMS	 	X	 	X	 
	 
	 	AV.00.001	 	SECTION 27 41 00 AUDIO-VIDEO SYSTEMS	 	X	 	X	 
	 
	 	AV.00.101	 	AUDIO BACKBONE LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.01.001	 	IDF-1A & IDF-1B A/V DEVICES	 	X	 	X	 
	 
	 	AV.01.002	 	IDF-1C A/V DEVICES	 	X	 	X	 
	 
	 	AV.01.003	 	CASINO FLOOR SOUTH AV DEVICES	 	X	 	X	 
	 
	 	AV.01.004	 	CASINO FLOOR NORTH AV DEVICES	 	X	 	X	 
	 
	 	AV.01.005	 	IDF-1H NON-CASINO LVL 1 AV DEVICES	 	X	 	X	 
	 
	 	AV.01.006	 	MDF-2 LVL1 AV DEVICES	 	X	 	X	 
	 
	 	AV.01.008	 	LVL 1 SPEAKER ZONES	 	X	 	X	 
	 
	 	AV.01.101	 	IDF-1D AV LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.01.102	 	IDF-1F AV LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.01.103	 	IDF-1H AV LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.02.007	 	IDF-2A & MDF-2 LVL 2 AV DEVICES	 	X	 	X	 
	 
	 	AV.02.009	 	LVL 2 SPEAKER ZONES	 	X	 	X	 
	 
	 	AV.02.101	 	AV HEAD END BUILD OUT	 	X	 	X	 
	 
	 	AV.02.102	 	AV HE AUDIO LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.02.103	 	AV HE CONTROL LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.02.104	 	IDF-2A AV LINE DIAGRAM	 	X	 	X	 
	 
	 	AV.02.105	 	LVL 2 CONF ROOMS LINE DIAGRAM	 	X	 	X	 
	 
	 	SC.00.000	 	SECTION 28 00 00 SECURITY SYSTEMS	 	X	 	X	 
	 
	 	SC.00.001	 	SECTION 28 00 00 SECURITY SYSTEMS	 	X	 	X	 
	 
	 	SC.00.002	 	SECTION 28 00 00 SECURITY SYSTEMS	 	X	 	X	 
	 
	 	SC.01.001A	 	IDF-1A & IDF-1B AREA CAMERAS	 	X	 	X	 
	 
	 	SC.01.001B	 	IDF-1A & IDF-1B AREA SECURITY DEVICES	 	X	 	X	 






	 	 	 
	LOW VOLTAGE

	34 of 54 	6/19/2008 10:14 AM






 












 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LOW VOLTAGE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	SC.01.002A	 	IDF-1C AREA CAMERAS	 	X	 	X	 
	 
	 	SC.01.002B	 	IDF-1C AREA SECURITY DEVICES	 	X	 	X	 
	 
	 	SC.01.003A	 	IDF-1F-SOUTH CAMERA LOCATIONS	 	X	 	X	 
	 
	 	SC.01.003B	 	IDF-1F-SOUTH SECURITY DEVICES	 	X	 	X	 
	 
	 	SC.01.004A	 	IDF-1G  IDF-1H LVL 1 CAMERA LOCATIONS	 	X	 	X	 
	 
	 	SC.01.004B	 	IDF-1G & IDF-1H LVL 1 SECURITY DEVICES	 	X	 	X	 
	 
	 	SC.01.005A	 	IDF-1H NON-CASINO LVL 1 CAMERA LOCATIONS	 	X	 	X	 
	 
	 	SC.01.005B	 	IDF-1H NON-CASINO LVL 1 SECURITY DEVICES	 	X	 	X	 
	 
	 	SC.01.006A	 	MDF-2 LVL 1 CAMERA LOCATIONS	 	X	 	X	 
	 
	 	SC.01.006B	 	MDF-2 LVL 1 SECURITY DEVICES	 	X	 	X	 
	 
	 	SC.01.102	 	CASINO ENTRANCE TURNSTILES	 	X	 	X	 
	 
	 	SC.01.103	 	ACCESS CONTROLLED DOOR DETAIL	 	X	 	X	 
	 
	 	SC.02.007A	 	LVL 2 SECURITY DEVICE LOCATIONS	 	X	 	X	 
	 
	 	SC.02.007B	 	LVL 2 SECURITY DEVICE LOCATIONS	 	X	 	X	 
	 
	 	SC.02.101	 	SURVEILLANCE ROOM LAYOUT	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL LOW VOLTAGE SHEETS	 	69	 	69	 






	 	 	 
	LOW VOLTAGE

	35 of 54 	6/19/2008 10:14 AM






 












 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	FOOD SERVICE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	FS-1.0M	 	CASINO LEVEL MASTER PLAN	 	X	 	X	 
	 
	 	FS-1.0	 	CASINO LEVEL WAREHOUSE EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-1.1	 	CASINO LEVEL WAREHOUSE ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-1.2	 	CASINO LEVEL WAREHOUSE PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-1.3	 	CASINO LEVEL WAREHOUSE MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-1.4	 	CASINO LEVEL WAREHOUSE BLDG. WORKS PLAN	 	X	 	X	 
	 
	 	FS-1.5	 	CASINO LEVEL WAREHOUSE BEER CONDUIT PLAN	 	X	 	X	 
	 
	 	FS-1.6	 	CASINO LEVEL WAREHOUSE SODA CONDUIT PLAN	 	X	 	X	 
	 
	 	FS-1.7	 	CASINO LEVEL WAREHOUSE LIQUOR CONDUIT PLAN	 	X	 	X	 
	 
	 	FS-2.0	 	CASINO LEVEL MAIN KITCHEN EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-2.S	 	CASINO LEVEL MAIN KITCHEN EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	FS-2.1	 	CASINO LEVEL MAIN KITCHEN ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-2.2	 	CASINO LEVEL MAIN KITCHEN ELECTRICAL SCHEDULE	 	X	 	X	 
	 
	 	FS-2.3	 	CASINO LEVEL MAIN KITCHEN PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-2.4	 	CASINO LEVEL MAIN KITCHEN FLOOR SINK PLAN	 	X	 	X	 
	 
	 	FS-2.5	 	CASINO LEVEL MAIN KITCHEN PLUMBING SCHEDULE	 	X	 	X	 
	 
	 	FS-2.6	 	CASINO LEVEL MAIN KITCHEN MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-2.7	 	CASINO LEVEL MAIN KITCHEN BUILDING WORKS PLAN	 	X	 	X	 
	 
	 	FS-2.8	 	CASINO LEVEL MAIN KITCHEN ELEVATIONS	 	X	 	X	 
	 
	 	FS-2.9	 	CASINO LEVEL MAIN KITCHEN ELEVATIONS	 	X	 	X	 
	 
	 	FS-2.10	 	CASINO LEVEL MAIN KITCHEN HOOD DETAILS	 	X	 	X	 
	 
	 	FS-3.0	 	CASINO LEVEL BUFFET EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-3.0S	 	CASINO LEVEL BUFFET EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	FS-3.1	 	CASINO LEVEL BUFFET ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-3.2	 	CASINO LEVEL BUFFET ELECTRICAL SCHEDULE	 	X	 	X	 
	 
	 	FS-3.3	 	CASINO LEVEL BUFFET PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-3.4	 	CASINO LEVEL BUFFET FLOOR SINK PLAN	 	X	 	X	 






	 	 	 	 	 
	FOOD SERVICE
	 	36 of 54	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	FOOD SERVICE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	FS-3.5	 	CASINO LEVEL BUFFET PLUMBING SCHEDULE	 	X	 	X	 
	 
	 	FS-3.6	 	CASINO LEVEL BUFFET MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-3.7	 	CASINO LEVEL BUFFET BUILDING WORKS PLAN	 	X	 	X	 
	 
	 	FS-3.8	 	CASINO LEVEL BUFFET ELEVATIONS	 	X	 	X	 
	 
	 	FS-3.9	 	CASINO LEVEL BUFFET ELEVATIONS	 	X	 	X	 
	 
	 	FS-3.10	 	CASINO LEVEL BUFFET ELEVATIONS	 	X	 	X	 
	 
	 	FS-3.11	 	CASINO LEVEL BUFFET HOOD DETAILS	 	X	 	X	 
	 
	 	FS-3.12	 	CASINO LEVEL BUFFET HOOD DETAILS	 	X	 	X	 
	 
	 	FS-4.0	 	CASINO LEVEL EMPLOYEE DINING ROOM EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-4.1	 	CASINO LEVEL EMPLOYEE DINING ROOM ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-4.2	 	CASINO LEVEL EMPLOYEE DINING ROOM PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-4.3	 	CASINO LEVEL EMPLOYEE DINING ROOM BLDG. WORKS PLAN	 	X	 	X	 
	 
	 	FS-4.4	 	CASINO LEVEL EMPLOYEE DINING ROOM ELEVATIONS	 	X	 	X	 
	 
	 	FS-4.5	 	CASINO LEVEL EMPLOYEE DINING ROOM HOOD DETAILS	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	FS-5.0	 	CASINO LEVEL FINE DINING — EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-5.S	 	CASINO LEVEL FINE DINING EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	FS-5.1	 	CASINO LEVEL FINE DINING ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-5.2	 	CASINO LEVEL FINE DINING ELECTRICAL SCHEDULE	 	X	 	X	 
	 
	 	FS-5.3	 	CASINO LEVEL FINE DINING PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-5.4	 	CASINO LEVEL FINE DINING FLOOR SINK PLAN	 	X	 	X	 
	 
	 	FS-5.5	 	CASINO LEVEL FINE DINING PLUMBING SCHEDULE	 	X	 	X	 
	 
	 	FS-5.6	 	CASINO LEVEL FINE DINING MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-5.7	 	CASINO LEVEL FINE DINING BUILDING WORKS PLAN	 	X	 	X	 
	 
	 	FS-5.8	 	CASINO LEVEL FINE DINING ELEVATIONS	 	X	 	X	 
	 
	 	FS-5.9	 	CASINO LEVEL FINE DINING ELEVATIONS	 	X	 	X	 
	 
	 	FS-5.10	 	CASINO LEVEL FINE DINING KITCHEN HOOD DETAILS	 	X	 	X	 






	 	 	 	 	 
	FOOD SERVICE
	 	37 of 54	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	FOOD SERVICE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	FS-6.0	 	CASINO LEVEL 24 HOUR RESTAURANT EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-6.1	 	CASINO LEVEL 24 HOUR RESTAURANT ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-6.2	 	CASINO LEVEL 24 HOUR RESTAURANT PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-6.3	 	CASINO LEVEL 24 HOUR RESTAURANT MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-6.4	 	CASINO LEVEL 24 HOUR RESTAURANT BLDG WORKS PLAN	 	X	 	X	 
	 
	 	FS-6.5	 	CASINO LEVEL 24 HOUR RESTAURANT ELEVATIONS 1	 	X	 	X	 
	 
	 	FS-6.6	 	CASINO LEVEL 24 HOUR RESTAURANT ELEVATIONS 2	 	X	 	X	 
	 
	 	FS-6.7	 	CASINO LEVEL 24 HOUR RESTAURANT HOOD DETAILS	 	X	 	X	 
	 
	 	FS-7.0	 	CASINO LEVEL ENTERTAINMENT BAR
— EQUIP. PLAN	 	X	 	X	 
	 
	 	FS-7.S	 	CASINO LEVEL ENTERTAINMENT BAR SCHEDULE	 	X	 	X	 
	 
	 	FS-7.1	 	CASINO LEVEL ENTERTAINMENT BAR — ELECT. PLAN	 	X	 	X	 
	 
	 	FS-7.2	 	CASINO LEVEL ENTERTAINMENT BAR — PLUMB. PLAN	 	X	 	X	 
	 
	 	FS-7.3	 	CASINO LEVEL ENTERTAINMENT BAR — FLOOR SINK PLAN	 	X	 	X	 
	 
	 	FS-7.4	 	CASINO LEVEL ENTERTAINMENT BAR — UTILITY SCHEDULE	 	X	 	X	 
	 
	 	FS-7.5	 	CASINO LEVEL ENTERTAINMENT BAR — MECH. PLAN	 	X	 	X	 
	 
	 	FS-7.6	 	CASINO LEVEL ENTERTAINMENT
BAR — BUILDING WORKS PLAN	 	 	 	 	 
	 
	 	FS-7.7	 	CASINO LEVEL ENTERTAINMENT BAR ELEVATIONS	 	X	 	X	 
	 
	 	FS-8.0	 	CASINO LEVEL CASINO BARS EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-8.S	 	CASINO LEVEL CASINO BARS SCHEDULE	 	X	 	X	 
	 
	 	FS-8.1	 	CASINO LEVEL CASINO BARS ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-8.2	 	CASINO LEVEL CASINO BARS PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-8.3	 	CASINO LEVEL CASINO BARS FLOOR SINK PLAN	 	X	 	X	 
	 
	 	FS-8.4	 	CASINO LEVEL CASINO BARS UTILITY SCHEDULE	 	X	 	X	 
	 
	 	FS-8.5	 	CASINO LEVEL CASINO BARS MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-8.6	 	CASINO LEVEL CASINO BARS BUILDING WORKS PLAN	 	X	 	X	 
	 
	 	FS-8.7	 	CASINO LEVEL CASINO BARS ELEVATIONS	 	X	 	X	 






	 	 	 	 	 
	FOOD SERVICE
	 	38 of 54	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	FOOD SERVICE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	FS-9.0	 	CASINO LEVEL BEER HALL EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-9.1	 	CASINO LEVEL BEER HALL ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-9.2	 	CASINO LEVEL BEER HALL PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-9.3	 	CASINO LEVEL BEER HALL CONDUIT & FL. SINK PLAN	 	X	 	X	 
	 
	 	FS-9.4	 	CASINO LEVEL BEER HALL MECHANICAL
& BLDG WORKS PLAN	 	X	 	X	 
	 
	 	FS-9.5	 	CASINO LEVEL BEER HALL ELEVATIONS	 	X	 	X	 
	 
	 	FS-10.0	 	CASINO LEVEL BEER GARDEN KITCHEN EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-10.1	 	CASINO LEVEL BEER GARDEN KITCHEN ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-10.2	 	CASINO LEVEL BEER GARDEN KITCHEN PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-10.3	 	CASINO LEVEL BEER GARDEN KITCHEN MECHANICAL PLAN	 	X	 	X	 
	 
	 	FS-10.4	 	CASINO LEVEL BEER GARDEN KITCHEN BLDG. WORKS PLAN	 	X	 	X	 
	 
	 	FS-10.5	 	CASINO LEVEL BEER GARDEN KITCHEN ELEVATIONS	 	X	 	X	 
	 
	 	FS-10.6	 	CASINO LEVEL BEER GARDEN KITCHEN HOOD DETAILS	 	X	 	X	 
	 
	 	FS-11.0	 	CASINO LEVEL HIGH LIMIT/ BEVARAGE COUNTER EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-11.1	 	CASINO LEVEL HIGH LIMIT/ BEVERAGE COUNTER ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-11.2	 	CASINO LEVEL HIGH LIMIT/ BEVERAGE COUNTER PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-11.3	 	CASINO LEVEL HIGH LIMIT/ BEVERAGE COUNTER BLDG WORKS PLAN	 	X	 	X	 
	 
	 	FS-11.4	 	CASINO LEVEL HIGH LIMIT/ BEVERAGE COUNTER ELEVATIONS	 	X	 	X	 
	 
	 	FS-12.0	 	CASINO LEVEL SOUTHEAST SERVICE BAR EQUIPMENT PLAN	 	X	 	X	 
	 
	 	FS-12.1	 	CASINO LEVEL SOUTHEAST SERVICE BAR ELECTRICAL PLAN	 	X	 	X	 
	 
	 	FS-12.2	 	CASINO LEVEL SOUTHEAST SERVICE BAR PLUMBING PLAN	 	X	 	X	 
	 
	 	FS-12.3	 	CASINO LEVEL SOUTHEAST SERVICE BAR BLDG WORKS PLAN	 	X	 	X	 
	 
	 	FS-12.4	 	CASINO LEVEL SOUTHEAST SERVICE BAR ELEVATIONS	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL FOOD SERVICE SHEETS	 	102	 	102	 





	 	 	 	 	 
	FOOD SERVICE
	 	39 of 54	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	10.1.0	 	COVER SHEET	 	X	 	X	 
	 
	 	10.1.1	 	GENERAL NOTES, SYMBOL LEGENDS & ABBREVIATIONS	 	X	 	X	 
	 
	 	10.1.2	 	SHEET INDEX	 	X	 	X	 
	 
	 	10.2.1	 	FINISH & MATERIALS LIST — GRAND COURT	 	X	 	X	 
	 
	 	10.2.2	 	FINISH & MATERIALS LIST — 24 DINER	 	X	 	X	 
	 
	 	10.2.3	 	FINISH & MATERIALS LIST — BIERHAUS	 	X	 	X	 
	 
	 	10.2.4	 	FINISH & MATERIALS LIST — VIP	 	X	 	X	 
	 
	 	10.2.5	 	FINISH & MATERIALS LIST — CASINO	 	X	 	X	 
	 
	 	10.2.5A	 	FINISH & MATERIALS LIST — CASINO	 	X	 	X	 
	 
	 	10.2.5B	 	FINISH & MATERIALS LIST — CASINO	 	X	 	X	 
	 
	 	10.2.6	 	FINISH & MATERIALS LIST
— BUFFET	 	X	 	X	 
	 
	 	10.2.7	 	FINISH & MATERIALS LIST — PROMENADE	 	X	 	X	 
	 
	 	10.2.8	 	FINISH & MATERIALS LIST — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	10.2.9	 	FINISH & MATERIALS LIST — COFFE SHOP	 	X	 	X	 
	 
	 	11.1.1	 	OVERALL MASTER LOCATION PLAN — CASINO LEVEL	 	X	 	X	 
	 
	 	11.1.2	 	OVERALL MASTER LOCATION PLAN — SECOND LEVEL	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	1.1.100	 	REFERENCE PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.1.200	 	REFLECTED CEILING PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.2.201	 	REFLECTED CEILING PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.1.300	 	POWER PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.1.400	 	FLOOR FINISH PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.1.500	 	FF & A PLAN — GRAND COURT	 	X	 	X	 
	 
	 	1.1.600	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.601	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.602	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.603	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 






	 	 	 	 	 
	FOOD SERVICE
	 	40 of 54	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.1.604	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.605	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.606	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.607	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.608	 	INTERIOR ELEVATIONS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.800	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.801	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.802	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.803	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.804	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.805	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.806	 	INTERIOR ARCHITECTURE DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.900	 	MILLWORK DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.901	 	MILLWORK DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.1.902	 	MILLWORK DETAILS — GRAND COURT	 	X	 	X	 
	 
	 	1.2.100	 	REFERENCE PLAN — 24 DINER	 	X	 	X	 
	 
	 	1.2.200	 	REFLECTED CEILING PLAN — 24 DINER	 	X	 	X	 
	 
	 	1.2.300	 	POWER PLAN — 24 DINER	 	X	 	X	 
	 
	 	1.2.400	 	FLOOR FINISH PLAN — 24 DINER	 	X	 	X	 
	 
	 	1.2.500	 	FF&A PLAN — 24 DINER	 	X	 	X	 
	 
	 	1.2.600	 	INTERIOR ELEVATIONS — 24 DINER	 	X	 	X	 
	 
	 	1.2.800	 	INTERIOR ARCHITECTURE DETAILS — 24 DINER	 	X	 	X	 
	 
	 	1.2.801	 	INTERIOR ARCHITECTURE DETAILS — 24 DINER	 	X	 	X	 
	 
	 	1.2.802	 	INTERIOR ARCHITECTURE DETAILS — 24 DINER	 	X	 	X	 
	 
	 	1.2.803	 	INTERIOR ARCHITECTURE DETAILS — 24 DINER	 	X	 	X	 
	 
	 	1.2.900	 	MILLWORK DETAILS — 24 DINER	 	X	 	X	 
	 
	 	1.3.100	 	REFERENCE PLAN — BIERHAUS	 	X	 	X	 






	 	 	 
	INTERIOR DESIGN

	41 of 54	6/19/2008 10:14 AM





 












 





Bergman, Walls & Associates, Ltd.




ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




	 	 	 
	 

	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005

	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
		 		 	INTERIOR DESIGN	 	16-Jun-08	 	15-Jun-08
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.3.200	 	REFLECTED CEILING PLAN — BIERHAUS	 	X	 	X	 
	 
	 	1.3.300	 	POWER PLAN — BIERHAUS	 	X	 	X	 
	 
	 	1.3.400	 	FLOOR FINISH PLAN — BIERHAUS	 	X	 	X	 
	 
	 	1.3.500	 	FF&A PLAN — BIERHAUS	 	X	 	X	 
	 
	 	1.3.600	 	INTERIOR ELEVATIONS — BIERHAUS	 	X	 	X	 
	 
	 	1.3.601	 	INTERIOR ELEVATIONS — BIERHAUS	 	X	 	X	 
	 
	 	1.3.800	 	INTERIOR ARCHITECTURE DETAILS — BIERHAUS	 	X	 	X	 
	 
	 	1.3.801	 	INTERIOR ARCHITECTURE DETAILS — BIERHAUS	 	X	 	X	 
	 
	 	1.3.900	 	MILLWORK DETAILS — BIERHAUS	 	X	 	X	 
	 
	 	1.4.100	 	REFERENCE PLAN — VIP	 	X	 	X	 
	 
	 	1.4.100A	 	REFERENCE PLAN — VIP	 	X	 	X	 
	 
	 	1.4.200	 	REFLECTED CEILING PLAN — VIP	 	X	 	X	 
	 
	 	1.4.300	 	POWER PLAN — VIP	 	X	 	X	 
	 
	 	1.4.400	 	FLOOR FINISH PLAN — VIP	 	X	 	X	 
	 
	 	1.4.500	 	FF&A PLAN — VIP	 	X	 	X	 
	 
	 	1.4.600	 	INTERIOR ELEVATIONS — VIP	 	X	 	X	 
	 
	 	1.4.601	 	INTERIOR ELEVATIONS — VIP	 	X	 	X	 
	 
	 	1.4.800	 	INTERIOR ARCHITECTURE DETAILS — VIP	 	X	 	X	 
	 
	 	1.4.801	 	INTERIOR ARCHITECTURE DETAILS — VIP	 	X	 	X	 
	 
	 	1.4.900	 	MILLWORK DETAILS — VIP	 	X	 	X	 
	 
	 	1.5.1	 	CASINO ZONING PLAN	 	X	 	X	 
	 
	 	1.5.2	 	CASINO ZONING REFLECTED CEILING PLAN	 	X	 	X	 
	 
	 	1.5.100	 	REFERENCE PLAN — CASINO A	 	X	 	X	 
	 
	 	1.5.101	 	REFERENCE PLAN — CASINO B	 	X	 	X	 
	 
	 	1.5.102	 	REFERENCE PLAN — CASINO C	 	X	 	X	 
	 
	 	1.5.103	 	REFERENCE PLAN — CASINO D	 	X	 	X	 
	 
	 	1.5.104	 	REFERENCE PLAN — CASINO E	 	X	 	X	 






	 	 	 
	INTERIOR DESIGN

	42 of 54	6/19/2008 10:14 AM







 














 




Bergman, Walls & Associates, Ltd.

ARCHITECTS  • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000  • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	     INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.5.200	 	REFLECTED CEILING PLAN — CASINO A	 	X	 	X	 
	 
	 	1.5.201	 	REFLECTED CEILING PLAN — CASINO B	 	X	 	X	 
	 
	 	1.5.202	 	REFLECTED CEILING PLAN — CASINO C	 	X	 	X	 
	 
	 	1.5.203	 	REFLECTED CEILING PLAN — CASINO D	 	X	 	X	 
	 
	 	1.5.204	 	REFLECTED CEILING PLAN — CASINO E	 	X	 	X	 
	 
	 	1.5.400	 	FLOOR FINISH PLAN — CASINO A	 	X	 	X	 
	 
	 	1.5.401	 	FLOOR FINISH PLAN — CASINO B	 	X	 	X	 
	 
	 	1.5.402	 	FLOOR FINISH PLAN — CASINO C	 	X	 	X	 
	 
	 	1.5.403	 	FLOOR FINISH PLAN — CASINO D	 	X	 	X	 
	 
	 	1.5.404	 	FLOOR FINISH PLAN — CASINO E	 	X	 	X	 
	 
	 	1.5.500	 	FF&A PLAN — CASINO A	 	X	 	X	 
	 
	 	1.5.501	 	FF&A PLAN  — CASINO B	 	X	 	X	 
	 
	 	1.5.502	 	FF&A PLAN — CASINO C	 	X	 	X	 
	 
	 	1.5.503	 	FF&A PLAN — CASINO D	 	X	 	X	 
	 
	 	1.5.504	 	FF&A PLAN — CASINO E	 	X	 	X	 
	 
	 	1.5.600	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.601	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.602	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.603	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.603-A	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.604	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.605	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.606	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.607	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.608	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.609	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.610	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 






					
	 	 	 	 	 
	INTERIOR DESIGN
	 	43 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS  • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.5.611	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.612	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.613	 	INTERIOR ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.614	 	ELEVATIONS — CASINO	 	X	 	X	 
	 
	 	1.5.700	 	ENLARGED HIGH LIMIT RESTROOMS — CASINO	 	X	 	X	 
	 
	 	1.5.800	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.801	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.802	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.803	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.804	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.805	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.806	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.807	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.808	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.809	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.810	 	INTERIOR ARCHITECTURE DETAILS
— CASINO	 	X	 	X	 
	 
	 	1.5.811	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.812	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.813	 	INTERIOR ARCHITECTURE DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.900	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.901	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.902	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.903	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.904	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	1.5.906	 	MILLWORK DETAILS — CASINO	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	1.6.100	 	REFERENCE PLAN — BUFFET	 	X	 	X	 






					
	 	 	 	 	 
	INTERIOR DESIGN
	 	44 of 54
	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.6.200	 	REFLECTED CEILING PLAN — BUFFET	 	X	 	X	 
	 
	 	1.6.300	 	POWER PLAN — BUFFET	 	X	 	X	 
	 
	 	1.6.400	 	FLOOR FINISH PLAN — BUFFET	 	X	 	X	 
	 
	 	1.6.500	 	FF&A PLAN — BUFFET	 	X	 	X	 
	 
	 	1.6.600	 	INTERIOR ELEVATIONS — BUFFET	 	X	 	X	 
	 
	 	1.6.601	 	INTERIOR ELEVATIONS — BUFFET	 	X	 	X	 
	 
	 	1.6.602	 	INTERIOR ELEVATIONS — BUFFET	 	X	 	X	 
	 
	 	1.6.603	 	INTERIOR ELEVATIONS — BUFFET	 	X	 	X	 
	 
	 	1.6.800	 	INTERIOR ARCHITECTURE DETAILS — BUFFET	 	X	 	X	 
	 
	 	1.6.900	 	MILLWORK DETAILS — BUFFET	 	X	 	X	 
	 
	 	1.6.901	 	MILLWORK DETAILS — BUFFET	 	X	 	X	 
	 
	 	1.6.902	 	MILLWORK DETAILS — BUFFET	 	X	 	X	 
	 
	 	1.6.903	 	MILLWORK DETAILS — BUFFET	 	X	 	X	 
	 
	 	1.7.100	 	REFERENCE PLAN — PROMENADE	 	X	 	X	 
	 
	 	1.7.200	 	REFLECTED CEILING PLAN — PROMENADE	 	X	 	X	 
	 
	 	1.7.300	 	POWER PLAN — PROM FLOOR FINISH PLAN — PROMENADE	 	X	 	X	 
	 
	 	1.7.400	 	FF&A PLAN — PROMENADE	 	X	 	X	 
	 
	 	1.7.600	 	INTERIOR ELEVATIONS — PROMENADE	 	X	 	X	 
	 
	 	1.7.601	 	INTERIOR ELEVATIONS — PROMENADE	 	X	 	X	 
	 
	 	1.8.100	 	REFERENCE PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.100A	 	PLUMBING FIXTURE REF. PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.101	 	REFERENCE PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.101A	 	PLUMBING REF. PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.200	 	REFLECTED CEILING PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.201	 	REFLECTED CEILING PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.300	 	POWER PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.301	 	POWER PLAN — PUBLIC RESTROOMS	 	X	 	X	 






					
	 	 	 	 	 
	INTERIOR DESIGN
	 	45 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.8.400	 	FLOOR FINISH PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.401	 	FLOOR FINISH PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.500	 	FF&A PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.501	 	FF&A PLAN — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.600	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.601	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.602	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.603	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.604	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.605	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.606	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.607	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.608	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.609	 	INTERIOR ELEVATIONS — PUBLIC RESTROOMS	 	X	 	X	 
	 
	 	1.8.800	 	INTERIOR ARCHITECTURE DETAILS	 	X	 	X	 
	 
	 	1.8.900	 	MILLWORK DETAILS	 	X	 	X	 
	 
	 	1.8.901	 	MILLWORK DETAILS	 	X	 	X	 
	 
	 	1.8.902	 	MILLWORK DETAILS	 	X	 	X	 
	 
	 	1.9.100	 	REFERENCE PLAN & RCP — COFFEE SHOP	 	X	 	X	 
	 
	 	1.9.200	 	POWER, FLOOR FIN & FF& A PLAN — COFFEE SHOP	 	X	 	X	 
	 
	 	1.9.600	 	INTERIOR ELEVATIONS — COFFEE SHOP	 	X	 	X	 
	 
	 	1.9.800	 	INTERIOR ARCHITECTURE DETAILS — COFFEE HOUSE	 	X	 	X	 
	 
	 	1.9.801	 	INTERIOR ARCHITECTURE DETAILS — COFFEE HOUSE	 	X	 	X	 
	 
	 	1.9.900	 	MILLWORK DETAILS — COFFEE SHOP	 	X	 	X	 
	 
	 	1.9.901	 	MILLWORK DETAILS — COFFEE SHOP	 	X	 	X	 
	 
	 	1.9.902	 	MILLWORK DETAILS — COFFEE SHOP	 	X	 	X	 
	 
	 	1.12.1	 	PLUMBING SCHEDULE	 	X	 	X	 






					
	 	 	 	 	 
	INTERIOR DESIGN
	 	46 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	INTERIOR DESIGN
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	1.12.2	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.3	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.4	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.5	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.6	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.7	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.8	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.9	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	1.12.10	 	PLUMBING & SPECIAL EQUIPMENT SCHEDULE	 	X	 	X	 
	 
	 	 
	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 
	 	TOTAL INTERIOR DESIGN SHEETS	 	196	 	196	 
	 
	 	 
	 	 	 	 	 	 	 






					
	 	 	 	 	 
	INTERIOR DESIGN
	 	47 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LANDSCAPE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	L-0.01	 	COVER SHEET	 	X	 	X	 
	 
	 	L-0.02	 	SHEET INDEX	 	X	 	X	 
	 
	 	L-0.03	 	SITE ORIENTATION/ SHEET LAYOUT	 	X	 	X	 
	 
	 	L-0.04	 	GENERAL CONSTRUCTION NOTES & LEGENDS	 	X	 	X	 
	 
	 	L-1.00	 	FINISH SCHEDULE	 	X	 	X	 
	 
	 	L-2.01	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.02	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.03	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.04	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.05	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.06	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.07	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.08	 	GRADING & DRAINAGE CONCEPT PLAN	 	X	 	X	 
	 
	 	L-2.09	 	GRADING & DRAINAGE CONCEPT
PLAN — INTERIOR GRAND COURT	 	X	 	X	 
	 
	 	L-3.01	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.02	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.03	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.04	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.05	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.06	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.07	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.08	 	CONSTRUCTION PLAN CALLOUT	 	X	 	X	 
	 
	 	L-3.09	 	CONSTRUCTION PLAN CALLOUT — INTERIOR	 	X	 	X	 
	 
	 	L-4.01	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.02	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.03	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.04	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 






					
	 	 	 	 	 
	LANDSCAPE
	 	48 of 54
	 	6/19/2008 10:14 AM





 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LANDSCAPE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	L-4.05	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.06	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.07	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.08	 	CONSTRUCTION PLAN LAYOUT	 	X	 	X	 
	 
	 	L-4.09	 	CONSTRUCTION PLAN LAYOUT — INTERIOR	 	X	 	X	 
	 
	 	L-5.01	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.02	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.03	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.04	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.05	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.06	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.07	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-5.08	 	CONSTRUCTION PLAN PAVING & TILE	 	X	 	X	 
	 
	 	L-6.01	 	CONSTRUCTION DETAILS	 	X	 	X	 
	 
	 	L-6.02	 	CONSTRUCTION DETAILS	 	X	 	X	 
	 
	 	L-6.03	 	CONSTRUCTION DETAILS	 	X	 	X	 
	 
	 	L-6.04	 	CONSTRUCTION DETAILS	 	X	 	X	 
	 
	 	L-6.05	 	CONSTRUCTION DETAILS	 	X	 	X	 
	 
	 	L-7.00	 	IRRIGATION LEGEND AND NOTES	 	X	 	X	 
	 
	 	L-7.01	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.02	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.03	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.04	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.05	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.06	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.07	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.08	 	IRRIGATION PLAN TREES	 	X	 	X	 






					
	 	 	 	 	 
	LANDSCAPE
	 	49 of 54
	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 •  FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LANDSCAPE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	L-7.09	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.10	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.11	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.12	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.13	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.14	 	IRRIGATION PLAN TREES	 	X	 	X	 
	 
	 	L-7.15	 	IRRIGATION PLAN TREES — INTERIOR	 	X	 	X	 
	 
	 	L-7.16	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.17	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.18	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.19	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.20	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.21	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.22	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.23	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.24	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.25	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.26	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.27	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.28	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.29	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-7.30	 	IRRIGATION PLAN SHRUBS	 	X	 	X	 
	 
	 	L-8.01	 	IRRIGATION DETAILS	 	X	 	X	 
	 
	 	L-8.02	 	IRRIGATION DETAILS	 	X	 	X	 
	 
	 	L-8.03	 	IRRIGATION DETAIL	 	X	 	X	 
	 
	 	L-9.01	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.02	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 






					
	 	 	 	 	 
	LANDSCAPE
	 	50 of 54
	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LANDSCAPE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	L-9.03	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.04	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.05	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.06	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.07	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.08	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.09	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.10	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.11	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.12	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.13	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.14	 	PLANTING PLAN (TREES & G.C.)	 	X	 	X	 
	 
	 	L-9.15	 	PLANTING PLAN (TREES & G.C.)
— INTERIOR GRAND COURT	 	X	 	X	 
	 
	 	L-10.01	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.02	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.03	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.04	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.05	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.06	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.07	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	 	 
	 
	 	L-10.08	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.09	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.10	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.11	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.12	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.13	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 
	 
	 	L-10.14	 	PLANTING PLAN (SHRUBS&VINES)	 	X	 	X	 






					
	 	 	 	 	 
	LANDSCAPE
	 	51 of 54
	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls & Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	LANDSCAPE
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	L-10.15	 	PLANTING PLAN (SHRUBS&VINES)
— INTERIOR GRAND COURT	 	X	 	X	 
	 
	 	L-11.01	 	PLANTING DETAILS	 	X	 	X	 
	 
	 	L-11.02	 	PLANTING DETAILS	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	 
	 	TOTAL LANDSCAPE SHEETS	 	111	 	111	 
	 
	 	 	 	 	 	 	 	 	 






					
	 	 	 	 	 
	LANDSCAPE
	 	52 of 54
	 	6/19/2008 10:14 AM






 


 









 





Bergman, Walls &
 Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	NAVAL ARCHITECT
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	NA-W40	 	DRAWING INDEX	 	X	 	X	 
	 
	 	NA-A11	 	HOLD ARRANGEMENT	 	X	 	X	 
	 
	 	NA-A12	 	MAIN DECK ARRANGEMENT	 	X	 	X	 
	 
	 	NA-A15	 	TYPICAL SECTIONS	 	X	 	X	 
	 
	 	NA-A16	 	PILASTER DETAILS	 	X	 	X	 
	 
	 	NA-A24	 	MAIN DECK STRUCTURAL SLAB	 	X	 	X	 
	 
	 	NA-A25	 	BARGE BOTTOM  KEEL SLAB ARRANGEMENT	 	X	 	X	 
	 
	 	NA-A35	 	TANK CAPACITY PLAN	 	X	 	X	 
	 
	 	NA-A36.0	 	WIREMOLD FLOORING ARRANGEMENT & DETAILS	 	X	 	X	 
	 
	 	NA-A36.1	 	WIREMOLD FLOORING INSTALLATION & DETAILS	 	X	 	X	 
	 
	 	NA-A36.2	 	WIREMOLD FLOORING INSTALLATION & DETAILS	 	X	 	X	 
	 
	 	NA-A37.0	 	PRECAST PANEL SCHEDULE	 	X	 	X	 
	 
	 	NA-A37.1	 	PRECAST BULKHEAD DETAILS	 	X	 	X	 
	 
	 	NA-A37.2	 	PRECAST BULKHEAD DETAILS	 	X	 	X	 
	 
	 	NA-A37.3	 	PRECAST BULKHEAD DETAILS	 	X	 	X	 
	 
	 	NA-A37.4	 	PRECAST BULKHEAD DETAILS	 	X	 	X	 
	 
	 	NA-A38	 	TANK ACCESS PLAN	 	X	 	X	 
	 
	 	NA-F30.0	 	RAMP ARRANGEMENT & DETAILS	 	X	 	X	 
	 
	 	NA-F30.1	 	RAMP ARRANGEMENT & DETAILS	 	X	 	X	 
	 
	 	NA-F30.2	 	RAMP ARRANGEMENT & DETAILS	 	X	 	X	 
	 
	 	NA-F31	 	RUBRAIL & ACCESS PLAN	 	X	 	X	 
	 
	 	NA-P10.0	 	BILGE AND BALLAST DIAGRAM	 	X	 	X	 
	 
	 	NA-P10.1	 	BILGE AND BALLAST DIAGRAM	 	X	 	X	 
	 
	 	NA-P38	 	TANK VENTS DIAGRAM	 	X	 	X	 
	 
	 	NA-P44.0	 	SEWAGE PIPING DIAGRAM	 	X	 	X	 
	 
	 	NA-P44.1	 	SEWAGE PIPING DIAGRAM	 	X	 	X	 
	 
	 	NA-P44.2	 	SEWAGE PIPING DIAGRAM	 	X	 	X	 






					
	 	 	 	 	 
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Bergman,
Walls &  Associates, Ltd.

ARCHITECTS • PLANNERS




2965 S. Jones Blvd., Ste C • Las Vegas, NV 89146

TEL 702.940.0000 • FAX 702.940.0001




			
	 	 	 
	 
	 	BULLETIN F: 15-JUN-08
	RIVER CITY CASINO, St. Louis, Missouri • Project No. 141005
	 	ADDENDUM 1: 16-JUN-08






	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	1	 	F	 
	 	 	SHEET	 	 	 	ISSUED FOR	 	ISSUED FOR	 
	 	 	NUMBER	 	SHEET TITLES	 	CONSTRUCTION	 	PLAN CHECK	 
	NAVAL ARCHITECT
	 	16-Jun-08	 	15-Jun-08	 
	REVISION
	 	SHEET #	 	SHEET TITLES	 	 	 	 	 
	 
	 	NA-P44.3	 	SEWAGE PIPING DIAGRAM	 	X	 	X	 
	 
	 	NA-P44.4	 	SEWAGE PIPING DIAGRAM	 	X	 	X	 
	 
	 	NA-E25	 	HOLD LIGHTING PLAN	 	X	 	X	 
	 
	 	 	 	 	 	 	 	 	 
	 
	 	   
	TOTAL NAVAL ARCHITECT SHEETS	 	30	 	30	 






					
	 	 	 	 	 
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	DWG. NO.	 	DRAWING TITLE	 	DRAWING DATE
	SPECIFICATIONS
	 	 	 	 
	CS
	 	COVER SHEET	 	06-15-2008
	00 01 10
	 	TABLE OF CONTENTS	 	06-15-2008
	 
	 	DIVISION 00	 	 
	00 63 13
	 	REQUESTS FOR INFORMATION/INTERPRETATION	 	06-15-2008
	00 63 25
	 	SUBSTITUTION REQUEST (AFTER THE BIDDING PHASE)	 	06-15-2008
	 
	 	DIVISION 01	 	 
	01 11 00
	 	SUMMARY OF WORK	 	06-15-2008
	01 22 00
	 	UNIT PRICES	 	06-15-2008
	01 23 00
	 	ALTERNATES	 	06-15-2008
	01 26 13
	 	CONTRACTOR’S REQUEST FOR INFORMATION/ INTERPRETATION	 	06-15-2008
	01 33 00
	 	SUBMITTALS	 	06-15-2008
	01 42 00
	 	REFERENCE STANDARDS	 	06-15-2008
	01 45 00
	 	QUALITY CONTROL	 	06-15-2008
	01 50 00
	 	CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS	 	06-15-2008
	01 60 00
	 	MATERIAL AND EQUIPMENT	 	06-15-2008
	01 73 00
	 	EXECUTION REQUIREMENTS	 	06-15-2008
	01 73 29
	 	CUTTING AND PATCHING	 	06-15-2008
	01 77 00
	 	CONTRACT CLOSEOUT	 	06-15-2008
	 
	 	DIVISION 2	 	 
	02810
	 	LANDSCAPE IRRIGATION SYSTEM	 	06-15-2008
	02905
	 	LANDSCAPE PLANTING	 	06-15-2008
	 
	 	DIVISION 3	 	 
	03 05 05
	 	FLY ASH	 	06-15-2008
	03 10 00
	 	CONCRETE FORMWORK	 	06-15-2008
	03 20 00
	 	CONCRETE REINFORCEMENT	 	06-15-2008
	03 30 00
	 	CAST-IN-PLACE CONCRETE	 	06-15-2008
	03 35 33
	 	SPECIAL CONCRETE FINISHES	 	06-15-2008
	03 49 00
	 	GLASS-FIBER REINFORCED CONCRETE (GFRC)	 	06-15-2008
	 
	 	DIVISION 4	 	 
	04 01 20.52
	 	UNIT MASONRY CLEANING	 	06-15-2008
	04 05 15
	 	MORTAR AND MASONRY GROUT	 	06-15-2008
	04 05 23
	 	MASONRY ACCESSORIES	 	06-15-2008
	04 21 13
	 	BRICK UNIT MASONRY	 	06-15-2008
	04 21 13.13
	 	THIN BRICK VENEER	 	06-15-2008
	04 22 00
	 	CONCRETE MASONRY UNITS	 	06-15-2008
	04 43 13
	 	STONE MASONRY VENEER	 	06-15-2008
	04 73 16
	 	SIMULATED STONE VENEER	 	06-15-2008
	 
	 	DIVISION 5	 	 
	05 10 00
	 	STRUCTURAL STEEL FRAMING	 	06-15-2008
	05 21 19
	 	OPEN-WEB STEEL JOISTS	 	06-15-2008
	05 31 00
	 	STEEL DECK	 	06-15-2008
	05 36 00
	 	STEEL COMPOSITE DECK	 	06-15-2008
	05 41 00
	 	STRUCTURAL METAL STUD FRAMING	 	06-15-2008






 


 









 







	 	 	 	 	 
	DWG. NO.	 	DRAWING TITLE	 	DRAWING DATE
	05 50 00
	 	METAL FABRICATIONS	 	06-15-2008
	05 51 00
	 	METAL STAIRS	 	06-15-2008
	05 52 00
	 	METAL RAILINGS	 	06-15-2008
	05 70 00
	 	DECORATIVE METAL	 	06-15-2008
	05 73 00
	 	ORNAMENTAL RAILINGS	 	06-15-2008
	 
	 	DIVISION 06	 	 
	06 10 53
	 	MISCELLANEOUS CARPENTRY	 	06-15-2008
	06 20 00
	 	FINISH CARPENTRY	 	06-15-2008
	06 40 00
	 	ARCHITECTURAL WOODWORK	 	06-15-2008
	06 60 00
	 	COATED POLYSTYRENE FABRICATIONS	 	06-15-2008
	06 82 00
	 	GLASS-FIBER REINFORCED PLASTIC FABRICATIONS	 	06-15-2008
	 
	 	DIVISION 07	 	 
	07 13 13
	 	BITUMINOUS SHEET MEMBRANE WATERPROOFING	 	06-15-2008
	07 18 13
	 	PEDESTRIAN TRAFFIC COATING	 	06-15-2008
	07 19 00
	 	WATER REPELLENTS	 	06-15-2008
	07 21 00
	 	BUILDING INSULATION	 	06-15-2008
	07 24 19
	 	WATER MANAGED EXTERIOR INSULATION AND FINISH SYSTEM	 	06-15-2008
	07 26 00
	 	WEATHER RESISTIVE BARRIERS	 	06-15-2008
	07 31 26
	 	SLATE SHINGLES	 	06-15-2008
	07 32 16
	 	CONCRETE ROOFING TILES	 	06-15-2008
	07 43 13
	 	METAL ROOF AND WALL PANELS	 	06-15-2008
	07 54 23
	 	THERMOPLASTIC-POLYOLEFIN ROOFING	 	06-15-2008
	07 60 00
	 	FLASHING AND SHEET METAL	 	06-15-2008
	07 72 00
	 	ROOF ACCESSORIES	 	06-15-2008
	07 81 00
	 	SPRAY-APPLIED FIRE RESISTIVE MATERIALS	 	06-15-2008
	07 84 00
	 	FIRESTOPPING	 	06-15-2008
	07 88 00
	 	FIRE BARRIER DUCT WRAP	 	06-15-2008
	07 92 00
	 	JOINT SEALERS	 	06-15-2008
	07 92 19
	 	ACOUSTICAL SEALANTS	 	06-15-2008
	07 92 23
	 	FACADE SEALANTS	 	06-15-2008
	07 95 13
	 	EXPANSION JOINT COVER ASSEMBLIES	 	06-15-2008
	 
	 	DIVISION 08	 	 
	08 11 13
	 	STEEL DOORS AND FRAMES	 	06-15-2008
	08 14 00
	 	WOOD DOORS	 	06-15-2008
	08 31 13
	 	ACCESS DOORS AND FRAMES	 	06-15-2008
	08 33 00
	 	COILING DOORS AND GRILLES	 	06-15-2008
	08 41 13
	 	ALUMINUM ENTRANCES AND STOREFRONTS	 	06-15-2008
	08 41 26
	 	INTERIOR ALUMINUM ENTRANCES AND STOREFRONTS	 	06-15-2008
	08 42 26
	 	ALL GLASS ENTRANCES	 	06-15-2008
	08 42 29.33
	 	LOW-ENERGY SWING ENTRANCE AUTOMATIC DOOR OPERATORS	 	06-15-2008
	08 42 33
	 	REVOLVING ENTRANCE DOORS	 	06-15-2008
	08 51 13.13
	 	ALUMINUM WINDOWS	 	06-15-2008
	08 63 00
	 	METAL-FRAMED SKYLIGHTS	 	06-15-2008
	08 71 00
	 	DOOR HARDWARE	 	06-15-2008
	08 80 00
	 	GLAZING	 	06-15-2008
	08 83 00
	 	MIRROR GLASS	 	06-15-2008
	08 91 00
	 	LOUVERS	 	06-15-2008
	 
	 	DIVISION 09	 	 
	09 21 19
	 	SHAFT WALL ASSEMBLIES	 	06-15-2008
	09 22 16
	 	NON-STRUCTURAL METAL FRAMING	 	06-15-2008
	09 24 00
	 	PORTLAND CEMENT PLASTER (STUCCO)	 	06-15-2008
	09 26 13
	 	VENETIAN PLASTER	 	06-15-2008
	09 27 13
	 	GLASS FIBER REINFORCED GYPSUM (GFRG)	 	06-15-2008
	09 29 00
	 	GYPSUM BOARD	 	06-15-2008






 


 









 







	 	 	 	 	 
	DWG. NO.	 	DRAWING TITLE	 	DRAWING DATE
	09 29 13
	 	EXTERIOR GYPSUM SHEATHING	 	06-15-2008
	09 30 00
	 	TILE	 	06-15-2008
	09 30 16
	 	QUARRY TILE	 	06-15-2008
	09 30 33
	 	NATURAL STONE TILE	 	06-15-2008
	09 51 00
	 	ACOUSTICAL AND SPECIALTY CEILINGS	 	06-15-2008
	09 54 26
	 	LINEAR WOOD CEILING SYSTEM	 	06-15-2008
	09 64 00
	 	WOOD FLOORING	 	06-15-2008
	09 65 16.13
	 	LINOLEUM SHEET FLOORING	 	06-15-2008
	09 65 19
	 	RESILIENT TILE FLOORING	 	06-15-2008
	09 68 00
	 	CARPET	 	06-15-2008
	09 69 00
	 	ACCESS FLOORING	 	06-15-2008
	09 72 00
	 	WALL COVERINGS	 	06-15-2008
	09 75 00
	 	INTERIOR STONE FACINGS	 	06-15-2008
	09 77 33
	 	FRP WALL PANELS	 	06-15-2008
	09 81 00
	 	ACOUSTICAL INSULATION	 	06-15-2008
	09 84 00
	 	ACOUSTICAL WALL PANELS	 	06-15-2008
	09 91 00
	 	PAINTING	 	06-15-2008
	09 94 13
	 	TEXTURED ACRYLIC COATING	 	06-15-2008
	 
	 	DIVISION 10	 	 
	10 14 00
	 	SIGNAGE	 	06-15-2008
	10 21 13.16
	 	PLASTIC LAMINATE TOILET COMPARTMENTS	 	06-15-2008
	10 21 13.40
	 	STONE TOILET COMPARTMENTS	 	06-15-2008
	10 22 26
	 	OPERABLE PARTITIONS	 	06-15-2008
	10 26 00
	 	CORNER GUARDS	 	06-15-2008
	10 28 13
	 	TOILET ACCESSORIES	 	06-15-2008
	10 44 00
	 	FIRE PROTECTION SPECIALTIES	 	06-15-2008
	10 51 00
	 	LOCKERS	 	06-15-2008
	10 73 13
	 	FABRIC AWNINGS	 	06-15-2008
	 
	 	DIVISION 11	 	 
	11 12 00
	 	PARKING CONTROL EQUIPMENT	 	06-15-2008
	11 13 00
	 	LOADING DOCK EQUIPMENT	 	06-15-2008
	11 23 43
	 	UNIFORM CONVEYOR SYSTEM	 	06-15-2008
	11 52 00
	 	AUDIO FISUAL MOUNTING SYSTEMS	 	06-15-2008
	11 82 26
	 	WASTE HANDLING EQUIPMENT	 	06-15-2008
	 
	 	DIVISION 12	 	 
	12 26 40
	 	STONE COUNTERTOPS	 	06-15-2008
	 
	 	DIVISION 14	 	 
	14 21 00
	 	ELECTRIC TRACTION ELEVATORS	 	06-15-2008
	14 42 00
	 	WHEELCHAIR LIFT	 	06-15-2008
	 
	 	DIVISION 21	 	 
	21 00 00
	 	FIRE PROTECTION SYSTEMS	 	06-15-2008
	21 12 00
	 	FIRE SUPPRESSION STAND PIPES	 	06-15-2008
	21 13 00
	 	FIRE SUPPRESSION SPRINKLER SYSTEMS	 	06-15-2008
	21 40 00
	 	FIRE SUPPRESSION HF C227 EA SYSTEMS	 	06-15-2008
	 
	 	DIVISION 22	 	 
	22 01 00
	 	GENERAL INSTRUCTIONS, MECHANICAL	 	06-15-2008
	22 02 00
	 	PLUMBING, MISCELLANEOUS	 	06-15-2008
	22 03 00
	 	TESTING AND ADJUSTING	 	06-15-2008
	22 05 00
	 	PLUMBING PIPING BASIC REQUIREMENTS	 	06-15-2008
	22 06 00
	 	PLUMBING DRAINS & SPECIALTIES	 	06-15-2008
	22 07 00
	 	PLUMBING PIPE INSULATION	 	06-15-2008
	22 11 00
	 	DOMESTIC WATER PIPING SYSTEM	 	06-15-2008
	22 11 13
	 	FACILITY WATER DISTRIBUTION PIPING	 	06-15-2008
	22 13 00
	 	SANITARY PIPING SYSTEM	 	06-15-2008






 


 









 







	 	 	 	 	 
	DWG. NO.	 	DRAWING TITLE	 	DRAWING DATE
	22 13 13
	 	FACILITY SANITARY SEWERS	 	06-15-2008
	22 13 43
	 	FACILITY PACKAGED SEWAGE PUMPING STATIONS	 	06-15-2008
	22 14 00
	 	STORM PIPING SYSTEM	 	06-15-2008
	22 15 00
	 	GAS PIPING SYSTEM	 	06-15-2008
	22 17 00
	 	FUEL OIL	 	06-15-2008
	22 30 00
	 	PLUMBING EQUIPMENT	 	06-15-2008
	22 40 00
	 	PLUMBING FIXTURES	 	06-15-2008
	 
	 	DIVISION 23	 	 
	23 05 01
	 	GENERAL INSTRUCTIONS, MECHANICAL	 	06-15-2008
	23 05 02
	 	MECHANICAL, MISCELLANEOUS	 	06-15-2008
	23 05 13
	 	MOTORS	 	06-15-2008
	23 05 14
	 	VARIABLE SPEED MOTOR DRIVES (PWM)	 	06-15-2008
	23 05 48
	 	SEISMIC AND VIBRATION CONTROL	 	06-15-2008
	23 05 93
	 	TESTING AND ADJUSTING	 	06-15-2008
	23 07 13
	 	DUCT INSULATION	 	06-15-2008
	23 07 16
	 	MECHANICAL EQUIPMENT INSULATION	 	06-15-2008
	23 07 19
	 	MECHANICAL PIPE INSULATION	 	06-15-2008
	23 09 23
	 	AIR CONDITIONING CONTROLS (DDC)	 	06-15-2008
	23 21 13
	 	HVAC PIPING BASIC REQUIREMENTS	 	06-15-2008
	23 21 14
	 	HVAC WATER PIPING SYSTEM	 	06-15-2008
	23 21 23
	 	PUMPS, VERTICAL INLINE SPLIT COUPLED	 	06-15-2008
	23 21 24
	 	PUMPS, PIPE MOUNTED	 	06-15-2008
	23 23 20
	 	REFRIGERANT DETECTION MONITORING SYSTEM	 	06-15-2008
	23 25 13
	 	WATER TREATMENT	 	06-15-2008
	23 31 00
	 	AIR CONDITIONING SHEET METAL WORK	 	06-15-2008
	23 33 19
	 	SOUND ATTENUATORS	 	06-15-2008
	23 34 16
	 	FANS	 	06-15-2008
	23 36 16
	 	VAV TERMINAL BOX	 	06-15-2008
	23 36 17
	 	VAV SIDE PICKET FAN TERMINAL BOX	 	06-15-2008
	23 37 13
	 	AIR DEVICES	 	06-15-2008
	23 37 23
	 	ROOF AIR INTAKES & RELIEFS	 	06-15-2008
	23 52 16
	 	GAS FIRED (FORCE DRAFT)-CONDENSING BOILER	 	06-15-2008
	23 55 23
	 	GAS FIRED INFRA-RED UNIT HEATERS	 	06-15-2008
	23 57 19
	 	HEAT EXCHANGER- PLATE AND FRAME TYPE	 	06-15-2008
	23 64 16
	 	CENTRIFUGAL WATER CHILLERS	 	06-15-2008
	23 65 13
	 	COOLING TOWER-FACTORY FABRICATED	 	06-15-2008
	23 72 13
	 	ENERGY RECOVERY WRAP-AROUND HEAT PIPES	 	06-15-2008
	23 74 33
	 	ROOF TOP HEAT RECOVERY AIR HANDLING UNITS	 	06-15-2008
	23 74 34
	 	HEAT RECOVERY WHEEL	 	06-15-2008
	23 75 13
	 	PACKAGED OUTDOOR ROOF TOP CENTRAL	 	06-15-2008
	 
	 	STATION AIR HANDLING UNIT	 	06-15-2008
	23 81 23
	 	PACKAGED COMPUTER ROOM UNITS	 	06-15-2008
	23 82 16
	 	HYDRONIC DUCT COILS	 	06-15-2008
	23 82 19
	 	HORIZONTAL FAN COIL (UNITS LESS THAN 2200 CFM)	 	06-15-2008
	23 82 39
	 	HYDRONIC CABINET UNIT HEATERS	 	06-15-2008
	23 90 00
	 	PACKAGED CENTRAL ENERGY PLAN (PCEP)	 	06-15-2008
	 
	 	DIVISION 26	 	 
	26 05 00
	 	COMMON WORK RESULTS FOR ELECTRICAL	 	06-15-2008
	26 05 05
	 	FIRESTOPPING FOR ELECTRICAL PENETRATIONS	 	06-15-2008
	26 05 19
	 	ELECTRICAL WIRING	 	06-15-2008
	26 05 26
	 	GROUNDING	 	06-15-2008
	26 05 27
	 	WATER FEATURES ELECTRICAL SYSTEMS	 	06-15-2008
	26 05 33
	 	RACEWAY SYSTEMS	 	06-15-2008
	26 05 34
	 	SURFACE METAL RACEWAY	 	06-15-2008






 


 









 







	 	 	 	 	 
	DWG. NO.	 	DRAWING TITLE	 	DRAWING DATE
	26 05 36
	 	CABLE TRAY SYSTEM	 	06-15-2008
	26 05 43
	 	UNDERGROUND DUCT SYSTEM	 	06-15-2008
	26 05 43
	 	AMERENUE UNDERGROUND DUCTS AND STRUCTURES	 	06-15-2008
	26 08 10
	 	SPECIAL TESTING	 	06-15-2008
	26 09 15
	 	ELECTRICAL CONTROL SYSTEMS	 	06-15-2008
	26 09 23
	 	CONTACT DEVICES	 	06-15-2008
	26 09 33
	 	ARCHITECTURAL DIMMING CONTROL SYSTEMES	 	06-15-2008
	26 09 43
	 	RELAY LIGHTING CONTROL SYSTEM	 	06-15-2008
	26 24 05
	 	ELECTRIC SERVICE ENTRANCES	 	06-15-2008
	26 27 00
	 	ELECTRICAL DISTRIBUTION EQUIPMENT	 	06-15-2008
	26 27 26
	 	WIRING DEVICES	 	06-15-2008
	26 32 00
	 	PACKAGED ENGINE-GENERATOR SYSTEMS	 	06-15-2008
	26 33 53
	 	UNINTERRUPTIBLE POWER SYSTEMS (UPS)	 	06-15-2008
	26 35 33
	 	AUTOMATIC POWER FACTOR CONTROLLERS	 	06-15-2008
	26 41 13
	 	LIGHTNING PROTECTION SYSTEM	 	06-15-2008
	26 43 13
	 	SURGE PROTECTIVE DEVICES	 	06-15-2008
	26 50 00
	 	LIGHTING	 	06-15-2008
	26 55 00
	 	SPECIALTY LIGHTING	 	06-15-2008
	 
	 	DIVISION 27	 	 
	27 00 00
	 	GENERAL CONDITIONS COMMUNICATIONS SYSTEM	 	06-15-2008
	27 05 28
	 	TELECOMMUNICATIONS PATHWAYS SYSTEM	 	06-15-2008
	27 10 00
	 	COMMUNICATIONS CABLING SYSTEM	 	06-15-2008
	27 41 00
	 	AUDIO VISUAL SYSTEMS	 	06-15-2008
	 
	 	DIVISION 28	 	 
	28 00 00
	 	SECURITY SYSTEMS	 	06-15-2008
	28 31 00
	 	FIRE ALARM SYSTEM	 	06-15-2008
	 
	 	DIVISION 31	 	 
	31 10 00
	 	SITE CLEARING	 	06-15-2008
	31 20 00
	 	EARTH MOVING	 	06-15-2008
	31 23 19
	 	DEWATERING	 	06-15-2008
	31 50 00
	 	EXCAVATION SUPPORT AND PROTECTION	 	06-15-2008
	31 63 16
	 	AUGERED CAST-IN-PLACE PILES	 	06-15-2008
	 
	 	DIVISION 32	 	 
	32 12 16
	 	ASPHALT PAVING	 	06-15-2008
	32 13 13
	 	CONCRETE PAVING	 	06-15-2008
	32 41 00
	 	SEGMENTAL RETAINING WALLS	 	06-15-2008
	32 42 00
	 	STONE STRONG RETAINING WALLS	 	06-15-2008
	32 92 00
	 	TURF AND GRASSES	 	06-15-2008
	 
	 	DIVISION 33	 	 
	33 41 00
	 	STORM UTILITY DRAINAGE PIPING	 	06-15-2008
	 
	 	DIVISION 35	 	 
	35 00 00
	 	MARINE CONSTRUCTION	 	06-15-2008







 


 











 




EXHIBIT F

GMP, GMP CLARIFICATIONS AND ADJUSTMENTS





 


 









 







	 	 	 	 	 	 	 	 	 
	Estimate Summary

	 	 	 	 	 	 	 	Bid date: 8/7/2008
	Standard Construction Project
	 	 	 	 	 	 	 	 
	Management Computer Controls, Inc.

	 	 	0.3	 	 	 	 	 
	5350 Poplar Avenue, Suite 600

	 	 	 	 	 	 	 	sqft
	Memphis
	 	 	 	 	 	 	 	 
	TN
	 	 	 	 	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	%	 	 	Labor	 	 	Material	 	 	Equipment	 	 	Subcontract	 	 	Temp Material	 	 	Equip Rental	 	 	Other	 	 	Totals	 
	Direct costs
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Base labor
	 	 	 	 	 	$	4,590,442	 	 	$	2,572,983	 	 	$	673,880	 	 	$	126,552,425	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	134,389,730	 
	Labor burden
	 	 	30.00	%	 	$	1,377,133	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	1,377,133	 
	Labor fringes
	 	 	 	 	 	$	0	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 
	Labor manhours
	 	 	 	 	 	 	73,508	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Material sales tax
	 	 	6.08	%	 	 	 	 	 	$	156,309	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	156,309	 
	Equipment Surcharge
	 	 	6.08	%	 	 	 	 	 	 	 	 	 	$	40,938	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	40,938	 
	 
	Temporary material markup
	 	 	6.08	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 	 	 	 	 	 	 	 	 	 	$	0	 
	Equipment rental markup
	 	 	6.08	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 	 	 	 	 	 	$	0	 
	Other markup
	 	 	0.00	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 	 	$	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Gross cost
	 	 	 	 	 	$	5,967,575	 	 	$	2,729,292	 	 	$	714,818	 	 	$	126,552,425	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	135,964,110	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Building Permits/Plan
Review Fees
	 	 	0.00	%	 	by owner	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 
	Builder’s risk insurance
	 	 	0.00	%	 	by owner	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 
	 
	 	Overall	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Overhead
	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	 	 
	 
	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 
	Profit
	 	 	4.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	0.00	%	 	 	 	 
	 
	 	$	5,518,237	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	0	 	 	$	5,518,237	 
	Subcontract bond
	 	 	0.00	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 
	Performance bond
	 	 	1.25	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	1,784,125	 
	GL
	 	 	0.93	%	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	1,264,466	 
	Contractor Controlled
Contingency
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	4,300,000	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Total
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	148,830,937	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Cut/Add
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Project total
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	$	148,830,937	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


Page 1









 




Construction
Management — RIVER CITY CASINO — 100% CD / GMP ESTIMATE CONTRACT EXHIBIT F




	 	 	 
	Recap — Without
Taxes and Insurance

	 	Group 1: Divisions
	 

	 	Group 2: Major ItemCode Groups
	Estimator : SGD
	 	 
	Project Size : 0
	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Description	 	Quantity UM	 	 	Tot. Unit Cost	 	 	Total Cost	 	 	$/????	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ALLOWANCE
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ALLOWANCE
	 	 	 	 	 	 	 	 	 	 	1,970,000.00	 	 	 	 	 
	* Total ALLOWANCE
	 	 	 	 	 	 	 	 	 	 	1,970,000.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	General requirements
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	GENERAL REQUIREMENTS
	 	 	 	 	 	 	 	 	 	 	7,133,226.00	 	 	 	 	 
	MISCELLANEOUS OVERHEAD
	 	 	 	 	 	 	 	 	 	 	290,000.00	 	 	 	 	 
	* Total General
requirements
	 	 	 	 	 	 	 	 	 	 	7,423,226.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sitework
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	EXCAVATION, GRADING & BACKFILL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	PILING & CAISSONS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SITE DRAINAGE & UTILITIES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ROADS & WALKS
	 	 	 	 	 	 	 	 	 	 	485,731.00	 	 	 	 	 
	SITE IMPROVEMENTS
	 	 	 	 	 	 	 	 	 	 	56,435.00	 	 	 	 	 
	LAWNS & PLANTING
	 	 	 	 	 	 	 	 	 	 	3,301,875.00	 	 	 	 	 
	* Total Sitework
	 	 	 	 	 	 	 	 	 	 	3,844,041.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Concrete
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	CONCRETE FINISHING
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FORMWORK
	 	 	 	 	 	 	 	 	 	 	12,182,250.00	 	 	 	 	 
	REINFORCING STEEL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	CAST IN PLACE CONCRETE
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	GROUT
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	* Total Concrete
	 	 	 	 	 	 	 	 	 	 	12,182,250.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Masonry
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	MASONRY
	 	 	 	 	 	 	 	 	 	 	1,511,090.00	 	 	 	 	 
	STONE
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	* Total Masonry
	 	 	 	 	 	 	 	 	 	 	1,511,090.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Metals
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	STRUCTURAL METALS
	 	 	 	 	 	 	 	 	 	 	7,550,365.00	 	 	 	 	 
	MISCELLANEOUS & ORNAMENTAL METALS
	 	 	 	 	 	 	 	 	 	 	184,078.00	 	 	 	 	 
	* Total Metals
	 	 	 	 	 	 	 	 	 	 	7,734,443.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Wood and plastics
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ROUGH CARPENTRY
	 	 	 	 	 	 	 	 	 	 	633,700.00	 	 	 	 	 
	FINISH CARPENTRY
	 	 	 	 	 	 	 	 	 	 	15,650,000.00	 	 	 	 	 
	LAMINATED WOOD
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	* Total Wood and plastics
	 	 	 	 	 	 	 	 	 	 	16,283,700.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Thermal and moisture
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FIREPROOFING
	 	 	 	 	 	 	 	 	 	 	750,000.00	 	 	 	 	 
	PREFORMED ROOFING & SIDING
	 	 	 	 	 	 	 	 	 	 	33,750.00	 	 	 	 	 
	ROOFING, SHEETMETAL & ACCESSORIES
	 	 	 	 	 	 	 	 	 	 	2,525,000.00	 	 	 	 	 
	CAULKING, SEALANTS & FASTENERS
	 	 	 	 	 	 	 	 	 	 	425,000.00	 	 	 	 	 
	* Total Thermal and
moisture
	 	 	 	 	 	 	 	 	 	 	3,733,750.00	 	 	 	 	 





					
	 	 	 	 	 
	 	 	Page 1	 	8/6/2008 12:55 PM





 


 









 





Construction Management — RIVER CITY CASINO — 100% CD / GMP ESTIMATE CONTRACT EXHIBIT F



	 	 	 
	Recap — Without Taxes and Insurance

	 	Group 1: Divisions
	 

	 	Group 2: Major ItemCode Groups
	Estimator : SGD
	 	 
	Project Size : 0
	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Description	 	Quantity UM	 	 	Tot. Unit Cost	 	 	Total Cost	 	 	$/????	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Doors and windows
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	METAL DOORS & FRAMES
	 	 	 	 	 	 	 	 	 	 	844,100.00	 	 	 	 	 
	SPECIAL DOORS
	 	 	 	 	 	 	 	 	 	 	53,500.00	 	 	 	 	 
	METAL WINDOWS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	GLASS & GLAZING
	 	 	 	 	 	 	 	 	 	 	2,743,457.00	 	 	 	 	 
	* Total Doors and windows
	 	 	 	 	 	 	 	 	 	 	3,641,057.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Finishes
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	DRYWALL
	 	 	 	 	 	 	 	 	 	 	20,000,000.00	 	 	 	 	 
	TILE & TERRAZZO
	 	 	 	 	 	 	 	 	 	 	1,900,000.00	 	 	 	 	 
	ACOUSTICAL TREATMENT
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	FLOORING
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SPECIAL FINISHES
	 	 	 	 	 	 	 	 	 	 	254,200.00	 	 	 	 	 
	PAINTING & WALL COVERING
	 	 	 	 	 	 	 	 	 	 	1,228,013.00	 	 	 	 	 
	* Total Finishes
	 	 	 	 	 	 	 	 	 	 	23,382,213.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Specialties
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SPECIALTIES
	 	 	 	 	 	 	 	 	 	 	480,476.00	 	 	 	 	 
	* Total Specialties
	 	 	 	 	 	 	 	 	 	 	480,476.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Equipment
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	7,289,115.00	 	 	 	 	 
	* Total Equipment
	 	 	 	 	 	 	 	 	 	 	7,289,115.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Conveying systems
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	CONVEYING SYSTEMS
	 	 	 	 	 	 	 	 	 	 	490,069.00	 	 	 	 	 
	* Total Conveying systems
	 	 	 	 	 	 	 	 	 	 	490,069.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Mechanical
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	PLUMBING SYSTEMS & EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	5,640,000.00	 	 	 	 	 
	FIRE PROTECTION SYSTEMS & EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	1,542,300.00	 	 	 	 	 
	HVAC SYSTEMS & EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	15,210,000.00	 	 	 	 	 
	* Total Mechanical
	 	 	 	 	 	 	 	 	 	 	22,392,300.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Electrical
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ELECTRICAL SYSTEMS & EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	22,032,000.00	 	 	 	 	 
	* Total Electrical
	 	 	 	 	 	 	 	 	 	 	22,032,000.00	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	BUILDING AUTOMATION SYSTEM
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	BUILDING AUTOMATION SYSTEM
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	* Total BUILDING AUTOMATION
SYSTEM
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Total Estimate
	 	 	 	 	 	 	 	 	 	 	134,389,730.00	 	 	 	 	 





					
	 	 	 	 	 
	 
	 	Page 2
	 	6/06/2008 12:55 PM





 


 









 





RIVER CITY CASINO

ST. LOUIS, MO




BASIS OF ESTIMATE CRITERIA




This document shall establish the basis of the GMP. Clarifications/Assumptions for this project are
based on the attached drawing and specification log included as an attachment to the contract.



CLARIFICATIONS




GENERAL CONDITIONS





Temporary power and water consumption cost for Contractors’ job trailers and jobsite are by
Owner.




Water for the basin fill shall be furnished by owner.




Project duration is included as an 18 month project schedule. Contractor’s schedule is
based on existing Owner Direct Contracts being completed as per updated schedule furnished
to YatesParic and included as an attachment to the Contract. Schedule is based on the 15
lost days due to bad weather per year. All float in the construction schedule belongs to the
contractor.




FFE work is included as indicated on the Responsibility Matrix shown as an attachment to the
contract.




No tap or impact fees are included in the budget, all deposits are excluded.




No Utility Service Fees, Utility Service Deposits, Hook Up Fees, or Assessments are
included.




Building Permit and Plan Review fees are excluded.




All testing laboratory costs, including but not limited to, water intrusion, concrete, soils
and steel testing, are excluded.




No insurance coverage for Adjacent Property is included other than general liability if
contractor is determined to be at fault.




All agreed upon allowances as listed, are net numbers and include material, installation,
components associated with the allowance, subcontractor bonds and taxes. General Contractor
does not represent that Owner established allowances are adequate for Design, Owner or Cost
Intent.




Contractor is not responsible for any portion of the design and associated engineering,
except for fire protection which will be the responsibility of the fire protection
subcontractor.




Subcontractor values used in the budget include bond cost. Contractor makes no
representation that all subcontractor bonds will be provided.


 


 









 






Contractors Burden Rate is included at a rate of 30%, to be verified at audit.




Owner specified Allowance for removal and replacement of unsuitable soil is excluded. This
scope of work has been awarded to Fred Weber under a separate contract and is excluded from
our scope of work.




Owner specified Allowance for obstruction removal for site utility and storm drainage is
excluded. This scope of work has been awarded to Fred Weber under a separate contract and is
excluded from our scope of work.



DIVISION 02





Site import to include place and fill to top of pile caps +/- 1/10th of an inch is excluded.
This scope of work has been awarded to Fred Weber under a separate contract and is excluded
from our scope of work.




Structural fill from top of pile cap to underslab elevation is included.




Storm water management plan and measures are excluded for the duration of the project.
This scope of work has been awarded to Fred Weber under a separate contract and is
excluded from our scope of work.




Maintenance of existing silt fence and erosion control is excluded. This scope of work has
been awarded to Fred Weber under a separate contract and is excluded from our scope of work.




We exclude all work associated with augercast piles. This is an owner direct contract.




We exclude all work with the MSD outfall pipe and storm drainage. This is an owner direct
contract.




Storm drainage is excluded. This scope of work has been awarded to Fred Weber under a
separate Contract and is excluded from our scope of work.




Site water is excluded. This scope of work has been awarded to Fred Weber under a separate
Contract and is excluded from our scope of work.




Site sewer is excluded. This scope of work has been awarded to Fred Weber under a
separate Contract and is excluded from our scope of work.




Asphalt paving, stone base and fine grading are excluded. This scope of work has been
awarded to Fred Weber under a separate Contract and is excluded from our scope of work.




Parking lot striping, signage and wheelstops are excluded. This scope of work has been
awarded to Fred Weber under a separate Contract and is excluded from our scope of work.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	2
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 






Concrete paving, stone base and fine grading are included only at areas adjacent to
building as shown on paving drawing included as a Contract attachment. All other concrete
paving, stone base and fine grading are excluded and have been awarded to Fred Weber
under a separate contract.




Site retaining walls are excluded. Retaining walls at loading dock and Fine Dining area are
included as shown on paving drawing included as a Contract attachment. All other retaining
walls are excluded and have been awarded to Fred Weber under separate contract.




Landscaping is included.




Irrigation is included. Sleeves for irrigation is to be furnished and installed by Fred
Weber under separate contract and is excluded from our scope of work.




Maintenance of existing jobsite access roads is included until substantial completion.




We exclude all by-pass pumping for existing utilities and drainage not shown on drawings.
All site drainage and site utilities have been awarded to Fred Weber under separate contract
and are excluded from our scope of work.




We exclude all unsuitable subgrade removal and replacement. All subgrade work has been
awarded to Fred Weber under separate contract and is excluded from our scope of work.




We exclude all utility relocations not shown on drawings. All site utilities have been
awarded to Fred Weber under separate contract and are excluded from our scope of work.




We exclude all utility crossings. All site utilities have been awarded to Fred Weber
under separate contract and are excluded from our scope of work.




We exclude all boring and tunneling. All boring and tunneling for site utilities and site
drainage have been awarded to Fred Weber under separate contract and is excluded from our
scope of work.




We exclude any removal or abandonment of existing storm drainage or utilities. All work for
site utilities and site drainage has been awarded to Fred Weber under separate contract and
is excluded from our scope of work.




Site electric is included.




Utilities and drainage to 5’ outside of building, including final connections, are included.




We exclude all field engineering and layout for work under owner direct contracts.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	3
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





DIVISION 03





Concrete scope of work at barge is from keel slab up. Basin slab, piles and pile caps are
under direct contract with owner and excluded from our scope of work.




Concrete scope for work at lowrise is from top of pile cap. Piles and pile caps are under
direct contract with owner.




We exclude all soil remediation associated with fill dirt put in place by work under
separate contract.




Backfill of basin walls is included.




Snow removal and dewatering of basin are included.




Basin slab will be accepted upon receipt of survey provided by owner’s third party inspector.



DIVISION 04





CMU work at interior is included as shown unless modified below.




Design change to use steel framing in lieu of load bearing CMU in Area A is included.




All exterior masonry is included as full brick at areas shown on exterior skin drawing included as an attachment to the Contract.



DIVISION 05





All structural steel to be prepared per SSPC-SP3 or SSP-SP6.




All interior steel to remain unpainted if fireproofed, otherwise prime.




AISC Code of Standard Practice shall apply without exception or modification.




Provisions for seismic conditions are included as shown on 100% CD drawings.



DIVISION 06





Rough carpentry is included.




Unloading and setting of slot bases by union carpenters is included.




Millwork is included as shown on 100% CD drawings. All buildout cost associated with Fine
Dining and Coffee Shop/Retail area will be provided as a breakout value to be used in an
Allowance for owner’s use in final design considerations.




We exclude fire rated material in millwork.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	4
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





DIVISION 07





Waterproofing is included at elevator pits, interior planter areas at Grand Court, interior
basin walls and exterior barge walls.




Traffic coating is excluded.




Firestopping at rated partitions and ceilings is included per code requirements.




Spray applied fireproofing is included in accordance with pre-contract RFI #33.




Fireproofing is included as building type lB per IBC 2003 with unrestrained assembly
ratings.




Exterior cladding design input will be a joint effort between owner, designers, Yates/Paric
and selected subcontractor to work within budget amount in GMP. All design responsibility
remains the responsibility of the project architect.




Thermoplastic Polyolefin Roofing is included. System to follow FMI-90 and roofing
manufacturer’s written guidelines. Tapered insulation is included as shown on drawings.
Roofing manufacturers 20 year warranty and subcontractors 2 year warranty is included.




Simulated slate roofing is included with manufacturer’s standard warranty, if
available.

 Copper roof at dome is included with manufacturer’s standard warranty,
if available.

 Roof hatches are included.



DIVISION 08





All wood doors included in Allowance are assumed to be pre-finished.


Ceiling access doors and frames are included separate from door
allowance.

 Coiling doors and grilles are included separate from door
allowance.

 Aluminum entrances and storefront are included with standard
hardware.




Aluminum storefronts are included as 2 x 4 1/2” framing, radius tops where required. Muntins
to be interior of glass with no true muntins on the windows.




Windows are included as storefront windows to achieve appearance shown in exterior
elevations.

 Revolving doors are included as Stanley tourinex revolvers 16’ x 7’ with 12 high
canopies.




Glazing is included per specifications, unless noted as otherwise. Insulated units to have
internal muntins where shown.




Skylights are included as Naturalite or equal.




Glass & Glazing is included with the allowable rating of Q4 as defined by ASTM International
Standard Specification for Flat Glass C-1036-01.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	5
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





DIVISION 09





Tape, float and finish of gypsum board are included. We have included a level 4 finish at
all drywall walls and level 5 finishes at casino drywall ceilings.




We exclude Venetian plaster. Not indicated on drawings.




Acoustical and specialty ceilings are included as 2’x4’ & 2’x2’ USG Radar #2310 (or equal)
square edge lay in tile with matching 15/16” grid system, 2’x4’ & 2’x2’ USG Clean Room
#56091 (or equal) square edge lay in tile with matching 15/16” grid system, 15/16” standard
grid system 3’x3’ pattern at casino specialty ceiling with 2’x2’ medium grade pad above
coffers.




Seismic bracing for acoustical ceilings is included per 2003 IBC category D requirements.



DIVISION 11





Waste handling equipment is excluded. We include furnishing and installing tracks to receive
owner furnished waste handling equipment.




Uniform retrieval equipment is included as shown. (CFCI) Excludes software and PC.



DIVISION 14





Elevators are included as two (2) Otis Gen2 series. Service elevator #1 is OFCI. Passenger
elevator #1 is included as follows:




	 	•	 	3500 lbs/200 feet per minute
	 
	 	•	 	20’ rise
	 
	 	•	 	Two stops
	 
	 	•	 	Two front openings only
	 
	 	•	 	8’-6“x7’ -10” deep hoistway
	 
	 	•	 	6’-8” wide x 5’-5” deep clear car inside dimensions
	 
	 	•	 	17’-1” clear overhead
	 
	 	•	 	5’-6” clear pit depth
	 
	 	•	 	Cab enclosure is Series 5 front return, header and satin bronze cab door, Otis round
handrail, Otis hands free phone, Otis DC-22 ceiling with suspended aluminum frame and lay
in panels, fluorescent lighting, 7’ high cab doors and 7’-4 1/2” clear under ceiling
height.
	 
	 	•	 	12 month warranty






Wheelchair lifts are included as two (2) Lift-U Model VMH AccesStair Convertible
Stairway/Wheelchair lift with 5 risers.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	6
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





DIVISION 15





Plumbing




The Plumbing system is included in accordance with the Plumbing plans and specifications
unless otherwise noted below.




We have included storm piping and roof drains to 5’ outside the building.




Domestic water is included to 5’ outside of the building.




We have included pipe insulation.




Seismic/vibration controls are included.




Unity water softener package is included.




We have included hook up to kitchen equipment.




We include four (4) 5,000 gallon concrete grease traps.




HVAC




The HVAC system is included in accordance with HVAC plans and specifications unless
otherwise noted below.




We have included the final hook up of the Owner furnished Chiller Plant. Our pricing is
based on Contractor unloading, assembling and hoisting in place for final hook up by
Contractor.




Temporary cooling utilizing base building HVAC system and controls for summer of 09 is
included. Owner is responsible for extended warranty, if required.




One year warranty is included.




Division 25 — Integrated Automation is excluded.




We include seismic bracing, supports and engineering.




Fire Protection




Fire water line included to 5’ outside the building.




We have included a backflow preventer with 2 tamper switches.




Two (2) fire department connections to be located at each end of the building as required by
the Lemay Fire Department are included.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	7
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 






A dry-pipe system for the loading dock area, Porte Cochere, and the unfinished attic space on
the 2nd floor is included, using brass upright sprinklers.




Each system will have its own shut-off valve with tamper switch, flow switch or pressure
switch, drain and inspector’s test connection.




Spare head cabinets with spare sprinklers as required by NFPA standards are included.




We include HFC227E gas systems for the Slot Polling Room, A/V Head End Room, MDF Room, and
Surveillance Headend Room.




Detection and wiring for systems and the alarm panels are included.




Tie-in to the building alarm system or the power to the control panel is included.




All systems will be furnished, designed, installed and tested in accordance with the
requirements of the local fire district (Lemay Fire District) and the governmental
authority having jurisdiction (St. Louis County).




All systems and drawings will be designed, laid out, hydraulically calculated, and sealed by
a professional engineer recognized by the State of Missouri.




We exclude fire protection for areas above finished ceilings as allowed by
code.

 We exclude fire protection under the casino floor in the barge area.

 We
exclude all standpipe systems, unless required by code.

 We exclude pre-action
systems.




We exclude sprinkler water curtains for glass doors, glass partitions, atriums or exposure
protection.




We exclude fire protection in plenums, unless required by code.




We exclude fire protection for cooling towers.




We exclude secondary or backup water storage reservoir.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	8
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





DIVISION 16





Electrical




The Electrical system is included in accordance with Electrical plans and specifications
unless otherwise noted below.




Incoming service based on drawings C3.4, C3.7, C3.9 and C3.11, which show the AmerenUE
primary ductbank from the power pole of the northwest edge of the property to the outdoor
pad mount transformers. AmerenUE shall furnish and install the transformers.




AT&T will furnish and install their required ductbank to the last manhole. AT&T will provide
all manholes for their scope of work. Ductbank from last AT&T manhole to building is
included.




Fixtures as per the fixture schedule included in addendum #2 dated July 8, 2008 are
included.




All “back of the house” and associated type areas are figured using fixture schedule as shown
on electrical notes, symbols and schedules on drawing E1.01.




Fixtures for lighting of the site per quantities shown on E-series drawings E1.4.1 and
E1.4.2 are included.




Pole base receptacles are excluded. Not indicated on drawings.




Slot machine power wiring based on a 4-gaming station outlet is included.




We have included 900 activation points for power for slot connections.




We base power connections of slots to be by cord and plug.




Total quantity of slots figured at 3,000.




Final hook up of Owner furnished generators is included. Pricing is based on Contractor
unloading, assembling and hoisting in place for final connection by Contractor. Load
bank testing and fuel consumed for testing is included.




All systems are based on wiring being run “open” in suspended ceiling areas as allowed by
code.




A separate fire alarm control panel in the Chiller Building, networked to the main fire
alarm system is included.




One banana peel type cable, as specified, to each card access door shown on the
drawings is included. All cabling will be home run to the security closet.




One banana peel type cable, as specified, to each camera shown on the drawings is included.
Camera cable to be run to closest data closet and then cross connected to 100 pair cables
feeding to the security server room.




Programming of DVR and CCTV matrix is excluded.




We have included cable in each room that has audio/visual equipment shown. Cabling to
include installation of cable from a projector to a wall plate for input device connection.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	9
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO






 


 









 





Cabling to each paging speaker is included. Each speaker zone will be home run back to the main
equipment cabinet.



4 pair Systimax CAT .6 twisted pair cable from the Telecom Room to floor outlet locations is
included.



Changes made on Low Voltage Matrix dated July 9, 2008 are included.

 Type MC cable and modular
wiring shall be used where allowed by code.



Installation of 6 Owner provided patch cords per slot machine in order to loop between slot
machines within each slot bank is included.



	 	 	 	 	 	 	 
	W.G. Yates & Sons Construction Company

	 	10
	 	 
	 	River City Casino
	Gulf Coast Division — Confidential

	 	 	 	 	 	St. Louis, MO







 


 











 





	 	 	 
	RIVER CITY CASINO — YATES / PARIC

	 	 
	GMP ADJUSTMENT INFORMATION
	 	August 7, 2008






	 	 	 	 	 
	GMP — RECAP
	 	 	 	 
	Construction Cost (With Bond)
	 	$	144,530,937	 
	Contingency
	 	$	4,300,000	 
	 
	 	 	 	 
	TOTAL
	 	$	148,830,937	 
	 
	 	 	 	 
	 
	Potential Adds to GMP:
	 	 	 	 
	1 Month Acceleration to Schedule
	 	$	3,672,133	 
	Porte Cochere Revisions
	 	TBD	 
	VIP Balcony
	 	TBD	 






Source Document: Yates Paric GMP of
7-30-2008 & Various Data collected thru the
GMP Pricing Process.



Reviewed during August 5th & 6th Meetings with Pinnacle, Yates / Paric, & All Design Consultants



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Carried as	 	 	 	 
	 	 	Carried in GMP as	 	 	Carried in GMP as	 	 	ADD to the	 	 	 	 
	GMP Comments, Qualifications & Allowances:	 	Fixed Price	 	 	Allowance Value	 	 	GMP	 	 	Comments	 
	Changing load bearing masonry in Area “A” to
steel framing with [ILLEGIBLE]
 non-loadbearing infill
	 	$	(80,000	)	 	$	—	 	 	$	—	 	 	In GMP	 
	Changing VIP stair to front of house type finish
	 	$	30,000	 	 	$	—	 	 	$	—	 	 	In GMP	 
	Design information on approximately 450 sqft of
decorative metal panels @ building facade.
	 	$	33,750	 	 	$	—	 	 	$	—	 	 	In GMP	 






					
	 	 	 	 	 
	GMP ALLW-COST LIST (CONTRACT) 
	 	Confidential
	 	Page 1





 


 









 





	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Carried as	 	 	 
	 	 	Carried in GMP as	 	 	Carried in GMP as	 	 	ADD to the	 	 	 
	GMP Comments, Qualifications & Allowances:	 	Fixed Price	 	 	Allowance Value	 	 	GMP	 	 	Comments
	Discuss exterior windows needing to be
storefront in lieu of punch windows due
to radius and manufacturers comments
about not being able to provide the
product.
	 	Need	 	Need	 	Need	 	In GMP
	Discuss exterior cladding and design
assist input from cladding subcontractor
to maintain budget.
	 	$	20,000,000	 	 	$	—	 	 	$	—	 	 	Includes Exterior Cladding & Interior Drywall.  Breakout Value being established.
	Design information needed for VIP area
and 2nd floor balcony.
	 	$	—	 	 	$	—	 	 	$	261,000	 	 	Carried as Add to GMP (R.O.M. Value)
	Design information needed for Porte
Cochere revisions.
	 	$	—	 	 	$	—	 	 	Need	 	Carried as Add to GMP (R.O.M. Value) Need to discuss with Design Team to Finalize ROM.
	Coffee shop currently included as
designed. Discuss how to set up
allowance to track drawing revisions as
final design develops.
	 	$	221,700	 	 	$	—	 	 	$	—	 	 	Carried in GMP as Build Out Value. ROM Value established for Coffee Shop Conversion.
 Per 8-5-08 discussion this item will be Retail Only.
	Fine Dining currently included as
designed. Discuss how to set up
allowance to track drawing revisions as
final design develops.
	 	Need Break-Out Value Established	 	$	—	 	 	$	—	 	 	Currently in GMP as Fixed Price but in several subcontractor values.
	Food service equipment currently
included per schedule in 100% CD
drawings. Need final food service
equipment cut sheets and data.
	 	$	6,961,785	 	 	$	—	 	 	$	—	 	 	Food Service Value only. Does not Include MEPS Costs
	Design information of glass canopies.
	 	$	187,500	 	 	$	—	 	 	$	—	 	 	In GMP
	Precon Costs from Allowance to Lump Sum
included in GMP
	 	$	50,000	 	 	$	—	 	 	$	—	 	 	In GMP
	 Casework — Original Proposal stipulated
unspecified stone to be class B.
Requested evaluation to go to similar
specified stone. Carried in GMP as per CD Documents
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP






					
	 	 	 	 	 
	GMP ALLW-COST LIST (CONTRACT)
	 	Confidential
	 	Page 2
	 	 	 	 	 





 


 









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Carried as	 	 	 
	 	 	Carried in GMP as	 	 	Carried in GMP as	 	 	ADD to the	 	 	 
	GMP Comments, Qualifications & Allowances:	 	Fixed Price	 	 	Allowance Value	 	 	GMP	 	 	Comments
	Exterior skin travel cost for 2 trips to Las Vegas 5 people.
	 	$	—	 	 	$	—	 	 	$	—	 	 	To be bought in Drywall / Cladding Subcontract
	SWPPP Maintenance Allowance. Note regarding North Lot was
mistake. This value is a Lump Sum
	 	$	—	 	 	$	—	 	 	$	—	 	 	In Fred Weber Inc Contract
	OFCI Lighting systems. Added quantities as per RFI 112. The
add is for the fixture support & installation.
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP as per REVISION # 2
dated 7-09-2008
	Drywall revisions for Hard Count security items
	 	$	—	 	 	$	—	 	 	$	—	 	 	To be bought in Drywall / Cladding Subcontract
	Add painting
of Mech / Elec items in Casino Area
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Revisions to plumbing fixture package for hard wired ILO
battery flush valves
	 	$	—	 	 	$	—	 	 	$	—	 	 	Included in GMP as Hard Wired
	Heat tracing budget increase for FS Drains
	 	$	12,000	 	 	$	—	 	 	$	—	 	 	In GMP
	Verification that all wire mold accessories were included
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	LOW VOLTAGE MATRIX ADJUSTMENTS per CD Addendum # 1 dated
07/09/08:
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Verify expansion joint costs for decorative finish in F.O.H.
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Gas Piping Outside Ruby’s Seating Area
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Basin Water Test
	 	$	250,000	 	 	$	—	 	 	$	—	 	 	In GMP
	Delete basin wall admixtures and sheet waterproofing on
exterior side of basin wall end add liquid applied product
to interior side of basin wall
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Eliminate FT Lumber requirement for millwork as per CCI
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Provide gas piping encasement
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Add 3 air curtains at Loading Dock
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Provide pre action / FM systems and add HFC227EA system to 4
rooms
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Add FP System to 16,000 sf Attic Space
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Add for centering of heads in Fire Protection Scope
(Stipulated as Allowance)
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	 
	Cover Plate Finish on FP Devices
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Coffee Shop Food Service Equipment
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP Food Service Equipment per CD Schedule
	Add 6 Infrared heaters at Porte Cochere
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP
	Water Softener change from Culligan to Unity
	 	$	80,000	 	 	$	—	 	 	$	—	 	 	In GMP
	Sleeves for Irrigation System to facilitate Sitework
	 	$	—	 	 	$	—	 	 	$	—	 	 	In FWI Contract
	Uniform Retrieval Equipment
	 	$	292,555	 	 	$	—	 	 	$	—	 	 	In GMP






					
	 	 	 	 	 
	GMP ALLW-COST LIST (CONTRACT)
	 	Confidential
	 	Page 3
	 	 	 	 	 





 


 









 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Carried as	 	 	 
	 	 	Carried in GMP as	 	 	Carried in GMP as	 	 	ADD to the	 	 	 
	GMP Comments, Qualifications & Allowances:	 	Fixed Price	 	 	Allowance Value	 	 	GMP	 	 	Comments
	ALLOWANCES:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	Design information needed on added millwork scope
from Scope Review & Clarification Items dated July
15, 2008. (Millwork locations are: Stands at 24 Hr
Restaurant, Bierhaus, Valet, Buffet, VIP Hostess,
Casino Host Cash Machine Millwork at 7 group/5
machine ATM’s, 1 Group/4 Machine ATM’s, Card Swipe &
Security Podiums 2 each Casino Entrance Locations)
	 	$	—	 	 	$	250,000	 	 	$	—	 	 	In GMP
	Discuss
$1,800/leaf Allowance for doors, frames,
hardware and installation.
	 	$	—	 	 	$	844,100	 	 	$	—	 	 	In GMP
	Discuss $100,000 Allowance for glass door pulls.
Allowance is for Fabrication & Installation of Pulls
Only
	 	$	—	 	 	$	100,000	 	 	$	—	 	 	In GMP
	Design information needed on MGC Camera & Security
Offices/Surveillance.
	 	$	—	 	 	$	32,500	 	 	$	—	 	 	In GMP
	Design information needed on fireplaces. Allowance is
for Two (2) Interior fireplaces only
	 	$	—	 	 	$	80,000	 	 	$	—	 	 	In GMP
	Design information needed on secondary framing to
support owner furnished theatrical equipment
Allowance is for Fabrication & Installation of
Supports Only
	 	$	—	 	 	$	100,000	 	 	$	—	 	 	In GMP
	Bilge & Tank Level Indicator to be in GMP. Allowance
value for this has been added
	 	$	—	 	 	$	100,000	 	 	$	—	 	 	In GMP
	Retail Build Out at $300 / SF. Allowance is for
Interior Finishes Costs only beyond “White Box”
	 	$	—	 	 	$	221,700	 	 	$	—	 	 	In GMP
	Chiller Plant Scope Gap Allowance
	 	$	—	 	 	$	150,000	 	 	$	—	 	 	In GMP
	Add Buffet Decorative pie case Allowance. Value
carried in Food Service Equipment Line Item
	 	$	—	 	 	$	20,000	 	 	$	—	 	 	In GMP
	Include Setting of Gaming Equipment (Stipulated as
Allowance)
	 	$	—	 	 	$	—	 	 	$	—	 	 	In GMP. Need Final Value Established
	Boiler Scope Gap Cost
	 	$	—	 	 	$	30,000	 	 	$	—	 	 	In GMP
	Waterfeatures Allowance is for Exterior Features and
includes General, MEPS & Low Voltage Costs.
	 	$	—	 	 	$	500,000	 	 	$	—	 	 	In GMP
	Casino Floor Mock — Up as per RFI issued during RFP
process.
	 	$	—	 	 	$	375,000	 	 	$	—	 	 	In GMP
	Misc. Reinforcing Steel for Owner Driven Changes Only
	 	$	—	 	 	$	20,000	 	 	$	—	 	 	In GMP
	Exterior Wall Mock — Up as per RFI issued during the
RFP Process
	 	$	—	 	 	$	275,000	 	 	$	—	 	 	In GMP
	Misc. Steel Fabrication for Owner Driven Changes Only
	 	$	—	 	 	$	150,000	 	 	$	—	 	 	In GMP
	Misc. Steel Installation for Owner Driven Changes Only
	 	$	—	 	 	$	75,000	 	 	$	—	 	 	In GMP
	Metal Stair Re-Work
	 	$	—	 	 	$	15,000	 	 	$	—	 	 	In GMP
	Misc. Firestopping for Owner Driven Changes
	 	$	—	 	 	$	20,000	 	 	$	—	 	 	In GMP
	Misc. Joint Sealers for Scope Coverage
	 	$	—	 	 	$	5,000	 	 	$	—	 	 	In GMP
	Spray Fireproofing Modifications for Owner Driven
Changes Only
	 	$	—	 	 	$	35,000	 	 	$	—	 	 	In GMP
	Signage -(As per RFP, Allowance is for
Support/Electric/Data at Interior wayfinding.
Directional, Venue, & Slot Signage)
	 	$	—	 	 	$	500,000	 	 	$	—	 	 	In GMP
	Design information on approximately 450 sqft of
decorative metal panels @ building facade.
	 	$	—	 	 	$	33,750	 	 	$	—	 	 	In GMP
	Design information to finalize custom color selection
of skylight frame.
	 	$	—	 	 	$	87,000	 	 	$	—	 	 	In GMP
	Design information on glass cab enclosure for VIP
elevator.
	 	$	—	 	 	$	75,000	 	 	$	—	 	 	In GMP (Total Elevator Budget is  $363,096)






					
	 	 	 	 	 
	GMP ALLW-COST LIST (CONTRACT) 
	 	Confidential
	 	Page 4
	 	 	 	 	 







 


 











 




EXHIBIT G

OMITTED



 


 









 





EXHIBIT H

CONDITIONAL LIEN WAIVER



 


 









 





Payment Application No.                     

Date:                     




CONTRACTOR’S PARTIAL RELEASE AND LIEN WAIVER

(Conditional) (To Be an Attachment With Each Payment Application)



 
	 
	The undersigned, being first duly sworn on my oath, certify and state that I hold the
position of                             

	                                                                    
for                                                                      (“Contractor”) and 
	(Title)(Name of Contractor)
	that I am the authorized representative for the Contractor named in the contract by and
between the Contractor and Pinnacle Entertainment, Inc. (“Owner”), dated the  _____  day of
                    , 200___, (the “Contract”) for the project located at                                         .

	(Description of Project)







I certify that the Contractor has furnished all materials and performed all work as
identified in Payment Application No.
 _____, dated                     , 200___, in the amount
of $                     , and that such materials and work have been furnished and performed
in strict compliance with the Contract on the above-referenced project and the Contract Documents.



The amount of $                     , represents payment in full, less retainage, for all labor
performed and materials furnished by the undersigned, its subcontractors, material vendors,
suppliers, agents and employees on the above-referenced project. Further, the Contractor hereby
warrants that all subcontractors, material vendors, suppliers, agents and employees have been paid
in full by the Contractor for all materials and labor which have been furnished and performed as
identified in all prior Payment Applications. The attached partial lien waivers cover all its
material suppliers and subcontractors for this project for the period ending
                    , 200___. The undersigned understands that Owner or anyone in its behalf may
and will act and rely upon this instrument in releasing any funds due or owing to the Contractor.



Upon receipt of the present progress payment, less retainage, the undersigned releases all
mechanic’s and materialmen’s lien rights, all claims, direct and indirect, impact claims, and all
causes of action to date resulting from labor and materials, subcontract work, or other work,
equipment, rents, services or supplies heretofore furnished and performed by or for the Contractor
under said Contract. Further, Contractor hereby agrees to indemnify, defend and hold harmless
Owner, its successors and assigns, from any claim or claims hereinafter made by suppliers of
materials to Contractor, by the subcontractors, employees, servants, agents or assigns therefor,
arising out of or connected with the work performed under the Contract. The Contractor understands
that Owner will act and rely upon this document in releasing any funds due or owing to the
Contractor.




Executed this
 _____ 

day of                     , 200___.



	 	 	 
	 Signature:
	 	 
	 

	 	 






			
	Company/Title:
	 	 
	 

	 	 





 


 









 





	 	 	 	 	 	 	 
	STATE OF

	 	 	) 	 	 	 
	 

	 	 	) 	ss	 	
	COUNTY OF

	 	 	) 	 	 	 






Subscribed and sworn to before me, a Notary Public in and for said County and State, this

 _____ 

day of                     , 200___.



	 	 	 
	 

	 	 
	 

	 	Notary Public






	 	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 





 


2









 





Subcontractor Application No.                     

Date:                     

Project Name:                     




SUBCONTRACTOR/SUPPLIER PARTIAL RELEASE 
(Conditional) (To Be An Attachment With
Each Payment Application)

The undersigned, as authorized representative for                                         
(hereinafter “Subcontractor”), hereby certifies that all labor materials, services and work
as identified in Payment Application No.
 _____, dated                                         , in the amount
of $                            was provided in strict compliance with the Contract Documents and Subcontract between Subcontractor
and                                         
(“General Contractor”) on the above-referenced project.



The above-referenced amount for this Payment Application, represents payment in full, with the
exception of retainage (if applicable), for all labor performed and materials furnished by the
Subcontractor, its subcontractors, suppliers, agents and employees on the above-referenced project.



Subcontractor agrees that, upon receipt of said payment, it releases all claims, direct and
indirect, known and unknown, to date and pertaining to the work that is the subject of this
Payment Application. Further, the Subcontractor hereby warrants that all subcontractors,
suppliers, agents, and employees have been paid in full for all materials and labor, which have
been furnished and performed as identified in all prior Payment Applications. The attached partial
lien waivers cover all its material suppliers and subcontractors for this project for the period
that is the subject of all prior Payment Applications. The undersigned understands that the
General Contractor and the Owner for the project or anyone on its behalf will rely upon this
instrument in releasing any funds due or owing to the Subcontractor.



Further, the undersigned agrees to save and hold harmless General Contractor and the Owner
(1) from any and all liens and claims for all parties whatsoever engaged by the undersigned for
labor, supervision, withholding taxes, payroll taxes, workers’ compensation and general liability
insurance premiums, materials, services or any other thing furnished by or through the
Subcontractor in the performance of said work to date and (2) from all actions, suits, and other
proceedings whatsoever arising out of such liens or claims including attorneys fees and court costs
in defending against such.



	 	 	 	 	 
	 	 	 
	 	 	SUBCONTRACTOR

	 
	 

	By:	 	 	 
	 

	 	 
	 

	Name:	 	 
	 

	 	 	 	 
	 

	Title:	 	 
	 

	 	 	 	 
	 

	Address:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	 	 	 
	 

	Date:	 	 
	 

	 	 	 	 





 


 









 







	 	 	 	 	 	 	 
	STATE OF

	 	 	) 	 	 	 
	 

	 	 	) 	ss	 	
	COUNTY OF

	 	 	) 	 	 	 







Subscribed and sworn to before me, a Notary Public in and for said County and
State, this
 _____ 

day of                     , 200___.



	 	 	 
	 

	 	 
	 

	 	Notary Public in for said County and State
	 
	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 





 


 









 





EXHIBIT I

UNCONDITIONAL LIEN WAIVER



 


 









 





Date:                     




CONTRACTOR’S PARTIAL RELEASE AND LIEN WAIVER

(Unconditional) (To Be An Attachment With Each Payment Application)




	 
	The undersigned, being first duly sworn on my oath, certify and state that I hold the
position of                            

	                                                                    
for                                                                      (“Contractor”) and 
	(Title)(Name of Contractor)
	that I am the authorized representative for the Contractor named in the contract by and
between the Contractor and Pinnacle Entertainment, Inc. (“Owner”), dated the  _____  day of
                    , 200___, (the “Contract”) for the project located at                                         .

	(Description of Project)






I certify that the Contractor has furnished all materials and performed all work as
identified in Payment Application No.  _____, dated                     , 200___, in the amount
of $                     , and that such materials and work have been furnished and performed
in strict compliance with the Contract on the above-referenced project and the Contract Documents.



The amount of $                     , the receipt of which is hereby acknowledged, represents
payment in full, less retainage, for all labor performed and materials furnished by the
undersigned, its subcontractors, material vendors, suppliers, agents and employees on the
above-referenced project. Further, the Contractor hereby warrants that all subcontractors,
material vendors, suppliers, agents and employees have been paid in full by the Contractor for all
materials and labor which have been furnished and performed as identified in all prior Payment
Applications. The attached partial lien waivers cover all its material suppliers and
subcontractors
for this project for the period ending                     , 200___. The undersigned understands that
Owner or anyone in its behalf may and will act and rely upon this instrument in releasing any
funds due or owing to the Contractor.



In consideration of the present progress payment, the Contractor hereby unconditionally
releases all mechanic’s and materialmen’s lien rights, all claims, direct and indirect, impact
claims and all causes of action resulting from labor and materials, subcontract work, or other
work, equipment, rents, services or supplies heretofore furnished and performed by or for the
Contractor under said Contract, and Contractor hereby agrees to indemnify, defend and hold
harmless Owner, its successors and assigns, from any claim or claims hereinafter made by suppliers
of materials to Contractor, by the subcontractors, employees, servants, agents or assigns
therefor, arising out of or connected with the work performed under the Contract. The Contractor
understands that Owner will act and rely upon this document in releasing any funds due or owing to
the Contractor.




Executed this
 _____ 

day of                     , 200___.



	 	 	 
	Signature:
	 	 
	 

	 	 






			
	 Name (print):
	 	 
	 

	 	 






			
	Company/Title:
	 	 
	 

	 	 





 


 









 








	 	 	 	 	 	 	 
	STATE OF

	 	 	) 	 	 	 
	

	 	 	) 

	ss 	 	
	COUNTY OF

	 	 	) 	 	 	








Subscribed and sworn to before me, a Notary Public in and for said County and State, this

 _____ 

day of                     , 200___.



	 	 	 
	 

	 	 
	 

	 	Notary Public
	 
	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 





 


2









 





Date:                     

Project:                     




SUBCONTRACTOR/SUPPLIER’S PARTIAL LIEN WAIVER

(Unconditional) (To Be An Attachment With Each Payment Application)



 
	 
	The undersigned, being first duly sworn on my oath, certify and state that I hold the
position of                             

	                                                                    
for                                                                      (“Contractor”) and 
	(Title)(Name of Subcontractor/Supplier)
	that I am the authorized representative for the subcontractor/supplier named in the subcontract/purchase order by and
between the undersigned and the General Contractor, dated the  _____  day of
                    , 200___, for the project located at         
                                .

	(Description of Project)






The undersigned, by its execution below, acknowledges the receipt of full payment for all
labor performed and material furnished by the undersigned and for all labor and materials provided
to the Project for the labor and materials that were the subject of all Applications for
Payment that preceded the pending Application for Payment, dated                                         . In
consideration for such payment, the undersigned hereby unconditionally releases all mechanic’s and
materialmen’s lien rights, all claims, direct and indirect, impact claims, and all causes of action
resulting from labor and materials furnished and performed by the undersigned under the
subcontract/purchase order or arising from the undersigned’s labor or materials provided to the
project.




Executed this
 _____ 

day of                     , 200___.



	 	 	 
	 Signature:
	 	 
	 

	 	 






			
	Company/Title:
	 	 
	 

	 	 







	 	 	 	 	 	 	 
	STATE OF

	 	 	) 	 	 	 
	

	 	 	) 

	ss 	 	
	COUNTY OF

	 	 	) 	 	 	






Subscribed and sworn to before me, a Notary Public in and for said County and State, this

 _____ 

day of                     , 200___.



	 	 	 
	 

	 	 
	 

	 	Notary Public
	 
	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 







 














 




EXHIBIT J

CONTRACTOR’S CERTIFICATE TO

BE INCLUDED WITH PAY APPLICATION





 


 









 







CONTRACTOR’S CERTIFICATE




TO: CASINO ONE CORPORATION (“Owner”),                                         
(“Lender”), and each of their members, officers, partners, employees and agents and their
respective successors, assigns and personal representatives.



RE: Project: River City Casino Resort



Application For Payment No.                     



Application For Payment period ending:                     



The undersigned                                         , hereby warrants, certifies, and represents
as follows:



1. All Work performed to date is free of any errors, omissions or negligent acts and has been
performed and completed in accordance with the Contract Documents.



2. That all due and payable bills with respect to the Work have been paid to date or are included
in the amount requested in the above-referenced Application For Payment, and there is no basis for
the filing of any mechanics’, materialmens’, or laborers’ lien or claim or any other lien,
privilege, notice or claim on the Work or any of Owner’s property.



3. That, subject to resolution of the matters and corresponding amounts which are expressly set out
and identified in writing as a Disputed Claims Amount as set forth below, the amount claimed by the
undersigned as owed by Owner as set forth below (the “Amount Owed”), constitutes the entire value
of all Work performed and services rendered (which includes, without limitation, all labor,
material and equipment furnished
and all other services which would entitle any person to any lien) in value of $                     
by, through or under the undersigned with respect to the Project (and not heretofore paid for) up
to and including the period covered by the above-referenced Application for Payment.



4. The above-referenced Application For Payment includes all Work related to known disputed claims,
if any, timely given to Owner and Lender in writing in accordance with the Agreement for Guaranteed
Maximum Price Construction Services
between Owner and Contractor dated as of                     , 2008 (“Construction
Agreement”), the aggregate amount of which is set forth as the “Disputed Claims
Amount” below and is described in more detail on a separate sheet attached hereto).



5. That no request has been made for payment of amounts the undersigned does not intend to promptly
pay to a Subcontractor or Vendor because of a dispute or other reason. That there are no
mechanics’, materialmens’, or laborers’ liens, claims, or any other liens, privilege, notice or
claims of any kind (other than those claims expressly identified
as Disputed Claims Amount on the attached Application For Payment), outstanding or known to
exist relating in any way to the Work or the Project.


 


 









 





6. That, subject only to payment to the undersigned of any Amount Owed pursuant to the
above-referenced Application For Payment attached to this Contractor’s Certificate, the
undersigned has been paid all amounts owed to it under the Construction Agreement and
Subcontractors and Vendors engaged or employed by the undersigned will have been paid all amount
due to them (except for any Disputed Claim Amounts as noted in this Certificate).



7. All conditions to payment to Contractor for the above-referenced Application For Payment have
been satisfied and no reason for withholding of such payment as set forth in the Contract exists.



8. That all Work covered by the above-referenced Application For Payment has been incorporated into
the Project and title thereto has passed to Owner, or, in the case of material and equipment stored
at the site of the Project or at some other location previously agreed to by Owner, title will pass
to Owner upon receipt of the Amount Owed by the undersigned, in each case free and clear of all
liens, claims, security interests or encumbrances (subject only to those amounts requested as
deposits in accordance with the Construction Agreement).



9. That no Work covered by the above-referenced Application For Payment has been acquired subject
to any agreement under which interest therein or an encumbrance thereon is retained by the seller
or any other person.



10. The undersigned is not aware of any errors in the information contained in the above-referenced
Application For Payment.



The foregoing representations, warranties and certifications are true and correct, are made for the
benefit of the Owner and the Lender, and may be relied upon by the Lender for the purposes of
making advances pursuant to the loan documents between Lender and Owner.



Executed as of this the            day of                     , 20     .



	 	 	 	 	 	 	 	 	 
	Amount Owed as of the end of the
period Covered by the
above-referenced Application	 	 	 	Contractor:
	For Payment:

	 	 	 	By: 	 	 	 	 
	 

	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	$                     

	 	 	 	Its:	 	 	 	 
	 

	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Disputed Claims Amount included 

within Amount Owed, if any:
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	$                     
	 	 	 	 	 	 	 	 







 


 









 







EXHIBIT K

TECHNICAL STUDIES AND REPORTS





 


 









 







Soil Management Plan prepared Environmental Operations, Inc. dated November 1, 2007



Old Land Use Site Plans



Subsurface Explorations Report dated February 7, 2007



Pile Load Testing Report dated February 16, 2007



Retaining Wall Stability report dated February 7, 2007



Global Stability Evaluation Report dated March 10, 2008 and Addendum Number 1 dated March
17, 2008




 


 









 







EXHIBIT L

PERMITS, APPROVALS AND ENTITLEMENTS





 


 









 







Major Land Disturbance Permit



Storm Water Pollution Prevention Plan



Footing and Foundation Permit (including basin slab)



Corps of Engineers Permit



Building Permit (applied for)



Parking Lot Permit (applied for)



Retaining Wall Permit (applied for)



Fire Permit from Lemay Fire Protection District (need to apply for)



Certificate of Completion dated July 10, 2008 providing that Missouri Dept of Natural Resources has
determine the Project site to be safe for reasonably anticipated land use.



Other permits which are required for this type project including:



Electric



Plumbing



Mechanical



Drain Laying




Fire Sprinkler









 


 









 










EXHIBIT M

OMITTED





 


 









 







EXHIBIT N

UNCONDITIONAL FINAL WAIVER



 


 









 







	 	 	 
	Payment Application No.
	 	FINAL
	 Date:
	 	 
	 

	 	 
	 Project:
	 	
	 

	 	 






CONTRACTOR’S FINAL RELEASE AND LIEN WAIVER

(Unconditional)




	 
	The undersigned, being first duly sworn on my oath, certify and state that I hold the
position of                          

	                                                                    
for                                                                      (“Contractor”) and 
	(Title)(Name of Contractor)
	that I am the authorized representative for the Contractor named in the contract by and
between the Contractor and Pinnacle Entertainment, Inc. (“Owner”), dated the            day of
                    , 200__, (the “Contract”) for the project located at                                         .

	(Description of Project)






On behalf of the Contractor, I certify that the work provided for in the Contract has been
entirely completed in strict accordance with the terms thereof and the Contract Documents; that
all of the bills for material used in or about said work, and for all labor employed in connection
with the said work have been fully paid; that all of the work performed under the Contract is free
and clear from all liens for labor or materials and that no claim exists out of which a lien may
grow, and that all of the obligations of Contractor of every kind and description arising out of
or connected with the Contract, including payment of various taxes imposed by any governmental
authority, have been fully satisfied. Contractor has obtained, and provides herewith, the Final
Release and Lien Waivers executed by all subcontractors and major suppliers.



The amount of $                     , the receipt of which is hereby acknowledged, represents
full and final payment, including retainage, for all labor performed and materials furnished by
the Contractor, its subcontractors, suppliers, agents and employees on the above-referenced
project. In consideration of such payment, the Contractor hereby unconditionally releases all
mechanic’s and materialmen’s lien rights, all claims, direct and indirect, impact claims, and all
causes of action resulting from labor and materials, subcontract work, or other work, equipment,
rents, services or supplies furnished and performed by the Contractor under the Contract. The
Contractor further agrees to indemnify, defend and hold harmless the Owner, its successors and
assigns, from any claim or claims hereinafter made by suppliers of materials or subcontractors,
employees, servants, agents or assigns, arising out of or connected with the work performed under
the Contract. The Contractor understands that the Owner will act and rely upon this document in
releasing any funds due or owing to the Contractor.




Executed this _____ day of                     , 200___.



	 	 	 	 	 	 	 
	 

	Signature: 	 	 	 	 
	 	 	 	 
	 

	Company/Title:
	 	 	 
	 

	 	 	 	 






 


 









 





	 	 	 
	STATE OF

	 	) 
	 

	 	) ss
	COUNTY OF

	 	) 






Subscribed and sworn to before me, a Notary Public in
 and for said County and State, this ____ day
of ___________________, 200___.



	 	 	 
	 

	 	 
	 

	 	 
	 

	 	Notary Public
	 
	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 





 


2









 






	 	 	 
	Payment Approval
	 	FINAL
	 Date:
	 	 
	 

	 	 
	 Project:
	 	
	 

	 	 






SUBCONTRACTOR/SUPPLIER’S FINAL RELEASE AND LIEN WAIVER

(Unconditional)




	 
	The undersigned, being first duly sworn on my oath, certify and state that I hold the
position of                  
         

	                                                                    
for        
                                      
                    
                    
     
   
	(Title)(Name of Subcontractor/Supplier)
	and that I am  the authorized representative for the subcontractor/supplier named in the subcontract/purchase order by and
between the undersigned and the General Contractor, dated the          day of
                    , 200__, for the project located at                                         .

	(Description of Project)






The amount of $                     , the receipt of which is hereby acknowledged, represents
full and final payment, including retainage, for all labor performed and materials furnished by
the undersigned for labor and materials provided to the project in accordance with the
subcontract/purchase order, including all prior progress payments received. In consideration for
such payment, the undersigned hereby releases all mechanic’s and materialmen’s lien rights, all
claims, direct and indirect, impact claims, and all causes of action resulting from labor and
materials furnished and performed by the undersigned under the subcontract/purchase order or
arising from the undersigned’s labor or materials provided to the project.




Executed this            day of                     , 200     .



	 	 	 	 	 	 	 
	 

	Signature: 	 	 	 	 
	 	 	 	 
	 

	Company/Title:
	 	 	 
	 

	 	 	 	 






	 	 	 
	STATE OF

	 	) 
	 

	 	) ss
	COUNTY OF

	 	) 






Subscribed and sworn to before me,
a Notary Public in and for said County and State, this       day
of                   , 200__.



	 	 	 
	 

	 	 
	 

	 	 
	 

	 	Notary Public
	 
	 	 
	My Commission Expires:
	 	 
	 
	 	 
	 


	 	 







 


 











 




EXHIBIT O




CONTRACTOR’S PROJECT CONSTRUCTION

SAFETY AND HEALTH GUIDELINES



 


 









 










River City

Casino & Hotel




YATES/PARIC JOINT VENTURE

SITE SPECIFIC SAFETY PLAN

Job Number 53838




Last Updated

August 7, 2008



 


 









 





Section 1 — Commitment Letter





Company commitment to and philosophy on safety.




General Policy Statement




Yates/Paric is committed to a drug free workplace through training, education and
enforcement.




Yates/Paric is totally committed to safety as the first and foremost consideration of
the company. Yates/Paric believes that an accident and injury free job site is not
only desirable but attainable through safe work practices and cooperation of all its
employees.




Therefore, it is the policy of Yates/Paric that the company’s employees be provided with a
safe work environment in accordance with accepted standards and practices of the
construction industry. The supervisors of Yates/Paric will direct, motivate and instruct
their employees in safe work practices throughout each work day. The employees shall
comply with all safety rules and instructions of their supervisors and accept personal
responsibility for their own protection and consequences of their actions.




We understand and acknowledge that our employees are our most valuable asset; we will
support and participate in providing light duty and return to work as soon as possible for
any injured employee.




Project Safety Representative’s name: Brent Fisher



Section 2 — Company Disciplinary Policy





The following is a representative, but is not an exclusive list, of the kinds of conduct that
can result in disciplinary action. Violation of any one of the following offenses shall
result in discipline, which may be a written warning, or may be termination, depending upon a
number of factors surrounding the violation.




a. Failure to call in or report an absence to the foreman or Superintendent the day the
absence begins.




b. Tardiness or absenteeism.




c. Stopping work early or leaving the work area before quitting time without the
Superintendent or foreman’s permission.




d. Low production or poor quality work.




e. Failure to use good housekeeping practices. Employees are not permitted to create or
contribute to unsanitary conditions. Failure to use on-site sanitation facilities.





f. Abusive, negligent or unauthorized use of any machine or equipment. Breakdowns and
malfunctions must be promptly reported to a Superintendent or foreman.


 


 









 





Section 3 — Company Drug Policy





	 	1.	 	Purpose






	 	 	 	The Purposes of this Policy are as follows:






	 	a.	 	To establish and maintain a safe, healthy working environment for all
employees;
	 
	 	b.	 	To insure the reputation of Yates/Paric and its employees as good,
responsible citizens worthy of the licenses and franchises entrusted to them;
	 
	 	c.	 	To reduce absenteeism, tardiness and indifferent job performance; and
	 
	 	d.	 	To reduce the incidence of accidental injury to persons or property.






	 	2.	 	Benefits, Insurance, Cooperation
	 
	 	 	 	Those employees with drug abuse problems make up only a small fraction of the work force, and
we regret any inconvenience that may be caused by the problems of the few. It is believed,
however, that the benefits to be derived from the reduction in the number of accidents, and
the greater safety of all employees, will more than make up for any inconvenience of loss the
rest of us must experience. Yates/Paric earnestly solicits the understanding and cooperation
of all employees in implementing the Policy as set forth herein.
	 
	 	3.	 	Definitions






	 	a.	 	The term “business premises”, as used herein includes all property of any
customer, contractor or subcontractor with whom Yates/Paric is doing business or at
any other location at any time while acting in the course of and scope of employment.
	 
	 	b.	 	“Employees” shall be defined as employees of Yates/Paric and its
invitees, and subcontractors and their employees.






	 	c.	 	“Reasonable suspicion” is a belief based on objective and articulable facts
sufficient to lead a prudent and reasonable person to suspect that an employee is
using or has used drugs or alcohol and/or is under any degree of influence of one or
both.






	 	d.	 	The words, “illegal drugs”, “drugs”, and/or “substances” include at all
times the following.






	 	(1)	 	drugs that are not legally obtainable;
	 
	 	(2)	 	drugs that are legally obtainable, but have
been obtained illegally;
	 
	 	(3)	 	drugs that are legally obtained, but are knowingly
used for other than prescribed purpose or in other than prescribed
manner;
	 
	 	(4)	 	so-called “designer drugs” or drug substances
that are not approved for medical or other use by the Food and Drug
Administration and not available in the United
States retail markets; and also includes, for purposes of this Policy, any
substance that alters behavior.




 


 









 











	 	4.	 	Policy
	 
	 	 	 	This is to notify all employees, including employees of other contractors, subcontractors and
invitees that the use, possession, concealment, transportation, promotion, being on the job
under the influence of or sale of the following items or substances are strictly prohibited from
all of the above-mentioned business premises:







	 	•	 	 Illegal drugs, controlled substances, (including trace amounts),
look-a-likes, and designer drugs;

	 
	 	•	 	Drug paraphernalia;
	 
	 	•	 	All Prescription drugs, except under the following conditions:











Employees shall inform his/her superintendent or project manager of any
prescribed medications he/she is taking while working for Yates/Paric.
The medication shall be in the original pharmacy or hospital container and shall
be in the employee’s own name.




Each prescription shall be no older than one (1) year.




Employees shall possess only enough medication for the normal work shift.




NOTE: Yates/Paric, at all times, reserves the right to have its physician determine if a
prescription drug or medication produces hazardous effects and may restrict the use of any such
drug or medication accordingly. This may also include restricting the employee’s work activity.
If an employee is taking any prescription, which may in any way impair his ability to safely
perform his job, he is to inform his Supervisor of all particulars and may be relieved of work
if circumstances dictate.




Any employee whose off-duty use or abuse of drugs and/or substances that result in excessive
absenteeism or tardiness or is, or could be, the cause of or a contributing factor in accidents
or poor work performance will be subject to disciplinary action up to and including termination
of employment.




ANY VIOLATION OF THIS POLICY MAY RESULT IN DISCIPLINARY ACTION, WHICH MAY INCLUDE DISCHARGE.




	 	5.	 	Searches and Inspections
	 
	 	 	 	Yates/Paric reserves the right, at all times, while an employee is on the business premises and
properties described above or at any location at any time while acting in the course of the
scope of employment to have a Supervisor and/or authorized Search and Inspection Specialist
conduct searches and inspections of employees or other persons and their lockers,
business-provided living quarters, baggage, desk, tool boxes, clothing and vehicles. A search
may also be conducted on an employee’s personal property brought on the job for the purpose of
determining if such employees or other persons are in possession, use,
transportation or concealment of any of the prohibited items and substances subject to this
Policy.




 


 









 











NOTE: The employee’s Supervisor and/or designated representative have the right to conduct an
on-the-spot search and inspection of an employee(s) and his/her personal effects as described above
if said supervisor has a “reasonable suspicion” that an employee is in direct violation of any part
of the Policy. All searches and inspections conducted by outside specialists will be in the
presence of a company supervisor.




A Search and Inspection as defined in this Policy may also warrant requiring employees to
submit to a Urine Drug Screen Test and/or Blood and Plasma Test. These tests may be utilized
under the following circumstances:




	 	•	 	Pre-employment testing (testing prior to or within five (5) days of employment);
	 
	 	•	 	At any time, upon request by management, as part of an overall work unit, department or
business-wide testing of employees;
	 
	 	•	 	When required and/or requested by a customer to comply with their testing policy;
	 
	 	•	 	When required to comply with any federal, state, and/or local law, statute, ordinance,
etc.
	 
	 	•	 	Pre-placement testing;
	 
	 	•	 	To comply with contractual agreements with other contractors and/or project owners;
	 
	 	•	 	Part of an overall Search and Inspection or an employee’s work area or location of
employment;
	 
	 	•	 	When an employee’s supervisor has reasonable suspicion that an employee is using or
under any degree of influence of drugs;
	 
	 	•	 	When an employee or person is found in possession of suspected illicit or unauthorized
drugs, or when any of these items are found in any area controlled or used exclusively by
designated employees;
	 
	 	•	 	Following any work-related accident, regardless of whether personal injury is sustained, and
also following any incident, which may result in Yates/Paric being charged with any liability or
responsibility.






Searches (including Urine Drug Screening or Blood and Plasma Sampling) and Inspections by
Specialists and/or supervisors may be conducted from time to time without prior announcement.
Searches will be performed with due regard for the personal privacy of each employee or other
individual.


 


 









 






POLICY VIOLATORS




Any employee who refused to consent to a search, urine drug screen, blood and plasma sampling,
inspection, or is found in possession, use, under the influence or
transportation of any illegal substances, and/or any of the above-mentioned, will be subject
to disciplinary action up to and including termination of employment and/or exclusion from
the project/site. Any person having business with Yates/Paric who refuses to submit to a
search, urine drug screen, blood and plasma sampling, or is found to be in possession of any
illegal substance(s), or any of the above-mentioned will be subject to being asked to leave
the premises and/or excluded from the project/site.




Entry onto Yates/Paric’s business premises, as described above, constitutes consent to and
recognition of the right of Yates/Paric or its authorized representatives to conduct
searches, inspections, urine drug screens and/or receive a blood plasma sample from the
employee and/or other person(s) and search and inspection of their personal effects,
vehicles, tool boxes, desks, clothing and any other property of employees and/or other
persons, while entering, on, or departing the premises of Yates/Paric.




Any discovery of illegal substances, drugs, or the above mentioned items during these
searches and inspections may result in the proper law enforcement authorities being notified.




This policy is made for the maximum safety and well-being of all employees and other
personnel. Your assistance and full cooperation for the achievement of this goal is vitally
important and is expected and required as a condition of continued employment.




CONFIDENTIALITY




The results of all physical examinations and blood and urine tests will be treated as
confidential and distribution limited to those having a “need to know”.



Section 4 — Site Specific Job Hazard Analysis / Pre Task Planning (Draft)




SAFETY TASK ASSESSMENT (STA)




Purpose:



Safety Task Assessment (STA) pamphlets are filled out before any given task is performed. It is to
be utilized to allow each employee or crewmember a chance to provide input by the Superintendent or
his/her designee soliciting comments or suggestions from the employee(s). This process also allows
the Superintendent or his/her designee an opportunity to evaluate the crew members for any abnormal
behavior; for example: (not focused on task at hand or impairment from alcohol or drugs).



Responsibility:



Safety Task Assessment (STA) pamphlets are to be filled out by the Superintendent or his/her
designee who is in charge of a group or crew of other employees prior to an assigned task being
performed.


 


 









 





Date:




The current date that task is performed



Supervisor:




This is the Superintendent or his/her designee in charge of crew performing task.



Time:



This will be the time that task is performed and is to include the start of doing the STA.



Work Location:



This would be the exact location that task is to be performed. (Example would be 13th
floor, room number 1304)



Job Name:



The actual name of the project is to be used.



(Note: When applicable reference to fall protection below “Job Name” is intended to remind
Superintendent or his/her designee that they are to personally check each employee’s fall
protection prior to task starting).



Supervisor Signature:



This is where the Superintendent or his/her designee in charge of crew would sign.



Employee signatures at beginning of shift:




This is where each employee signs before each task starts indicating that they have given their
input into STA preparation and that they understand hazards associated with the performance of task
and what type of PPE if any is required for guarding them against the hazards associated with task
performance.



General Safety, PPE Required, Fall Protection, Electrical Ladders/Scaffolds, Material Handling,
Permits, Welding/Burning, and Steel Erection:



Any items that would require a “yes” answer require discussion by the Superintendent or his/her
designee with members of the crew performing task prior to task being performed. This is to insure
that all members of the crew understand the task to be performed, the hazards involved, the proper
personal protective equipment to be used, and that tools and equipment to be used are all in safe
operable condition.



List the tasks and hazards that are expected today: This space is provided to list out each task
that the crew is to perform during the shift and provides a means to list out the hazards related
to performance of assigned tasks.



How will you eliminate or control hazards?




Now that hazards have been identified by filling out the above section this space is to be used
to prepare a plan of action for controlling hazards or eliminating them.


 


 









 





POST SAFETY TASK REVIEW




This portion of the Safety Task Assessment is provided for the Superintendent and his/her
designee to review the events of the day as it relates to the tasks that have been performed. If
there have been any near misses reported during the shift in relation to the task being performed
then they need to be described here so that the “Near Miss Report” can be completed.



Any problems encountered during completion of task are to be noted so that planning can be
done better prior to the task being performed the next time. Special attention is to given to any
safety related problems or unforeseen hazards.



Was the work area cleaned at the end of the shift? This will reduce the possibility of hazard
exposures being left for other employees who may be working in the area the next time. Any
miscellaneous items should also be noted for future consideration.



It is required that the Superintendent and his/her designee sign the report in the spaces
provided to insure that each has been given an opportunity review the report. This also provides
for accountability for the completion of the task and the assessment pamphlet in the event a
question arises at a later date.



SELF ASSESSMENT CHECKLIST




Purpose:




The Self Assessment Checklist is intended to provide a tool by which the individual employee
can provide feedback to the Project Management on safety related concerns and observations
concerning his/her work area as well as the safety process. It is also intended to be used to
provide an employee a check list or guide for them to insure that they have the proper personal
protective equipment necessary for performing an assigned task given to them by the Superintendent
or his/her designee. It takes into account that the individual employee may be required to perform
multiple tasks during the day, hence the AM, PM, NA check off blocks. It also provides for the
Superintendent and his/her designee an opportunity to receive input from the individual employee
about the safety process and to respond to the information provided.



Responsibility:




It is the responsibility of the individual employee to fill out the Self Assessment Checklist
each day and then insure that it is left with the Superintendent or his/her designee. It is the
responsibility of the Superintendent or his/her designee to review each checklist in a timely
manner and to respond to the concerns or information given to them by the individual employee.



Front Page:




The employee must print his/her name in the Employee blank. There is to be a brief description
of the work/task being performed. The blank for the name of the Superintendent or his/her designee
must be completed.




 


 









 







Checklist Personal Protective Equipment:




Any items that are applicable to the task that the employee is performing must be
completed. This is broken down into an AM or PM time frame. This allows for the employees to
indicate PPE used in the morning or the afternoon, as the tasks being performed may change as
the shift progresses.



Work Area Assessment:




The employee is required to initial this section prior to turning it in. This section allows
the employee to relate any concerns that he/she may have as to the conditions of the area, means
to exit in the case of an emergency, and is there adequate lighting, and does he/she have the
tools/equipment necessary to perform their work safely.



Process Assessment:




This section of the SAC provides the employee the tool to request another Safety Task
Assessment if they feel that work place conditions have changed or they have been given a new task
to perform.



Section 5 — OCIP Project Safety Rules





Yates/Paric management and personnel will be fully committed to a safe and healthy
workplace.



Section 6 — Policies and Procedures Statement





Yates/Paric is totally committed to safety as the first and foremost consideration.
Yates/Paric believes that an accident and injury free job site is not only desirable but
attainable through safe work practices and cooperation of all its employees. Therefore, it is
the policy of Yates/Paric that employees are provided with a safe work environment in
accordance with accepted standards and practices of the construction industry. The
supervisors of Yates/Paric will direct, motivate and instruct their employees in safe work
practices throughout each work day. The employees shall comply with all safety rules &
instructions of their supervisors and accept personal responsibility for their own protection
and consequences of their actions. Yates/Paric employees will follow all regulations in
accordance to 29 CFR 1926, 29 CFR 1910 and 46 CFR.



Section 7 — Safety Categories





a. Specific Project Requirements




1. Pre Construction Meeting:




Yates/Paric personnel will meet with subcontractor representatives prior to the
beginning of construction activities. Proper guidelines will be followed to settle any
concerns. All personnel will be advised and instructed on proper safety policies and
procedures during the current work phase. Failure to adhere to these may result in
disciplinary actions, possibly leading to termination or removal from the work site.


 


 









 






2. PPE:




All employees are required to wear proper attire while on this job site. Personal Protective
Equipment (PPE) such as work gloves, eye protection, lanyards and harnesses, respiratory
protection, etc. will be used when the hazard is warranted. PPE and life saving equipment
will be supplied to Yates/Paric employees. Any damage or replacements will be kept on record
throughout the duration of the project. Subcontractor management will be responsible for
seeing their personnel have appropriate PPE.




This includes the following items:




	 	a)	 	Shirt with a 4” sleeve
	 
	 	b)	 	Proper Work Boots
	 
	 	c)	 	Hard Hat
	 
	 	d)	 	Safety Glasses (tinted outdoors; clear indoors)
	 
	 	e)	 	Long pants
	 
	 	f)	 	High Visibility Vest (Class I or Higher)
	 
	 	•	 	All items MUST meet OSHA / ANSI standards (hard hats, eyewear, etc.) Anyone
wearing clothing with offensive logos, wording, etc. will be asked to leave the job
site.






Any employees working over or near water must wear a U.S. Coast Guard approved life vest and
have ring buoys with at least 90 feet of line. These buoys must be spaced out to provide
immediate use if needed and must be in accordance with OSHA standards. These employees must
be covered under the Jones Act (Maritime Insurance). The Site Superintendent and the Site
Safety Professional must be notified of all ongoing work near or above the water.




b. Safe Work Practices




Once per week, on random weekdays, a Yates/Paric Tool Box Safety Meeting will be held in
front of the Safety Trailer for approximately 15 – 20 minutes. Yates/Paric personnel, as well
as subcontractors, are encouraged to ask questions and give comments about the job site and
its activities. All questions will be answered during this time by Project Managers,
Superintendents, Foremen and the Site Safety Professional. If the answers are not readily
available, proper research will be done within 24 hours to answer pertinent questions.




c. First Aid and Medical Attention




First Aid and basic medical supplies will be made available for employees per the OSHA
standard. All items used from the First Aid Kits will be noted and inventoried.




In the case of injuries requiring qualified medical attention, employers will make
arrangements for the care of their employees by accompanying the
injured party to the on site Medical Trailer. Yates/Paric employees will not be responsible
for the transportation of Subcontractors.




 


 









 






Others more seriously injured will be transported to the on site Medical Trailer or the
Emergency Room as per the OCIP policy.




A map will be provided and a qualified person will accompany the injured party to the clinic
and/or hospital. This qualified person must have proper knowledge of where the clinic and/or
hospital are located.




d. Housekeeping




All Yates/Paric personnel will be responsible for properly maintaining their work area.
Garbage cans will be placed in convenient locations throughout the jobsite, and employees
will be expected to utilize them. All work related material will be bundled (when
appropriate) or organized in concise manner to avoid slip, trip or fall hazards. Roadways,
walkways, ramps, etc. will be kept clear for easy and safe passage.




e. Work Zone Safety




All Yates/Paric employees working near heavy equipment or the traveling public shall donn a
high visibility reflective vest. Appropriate barriers, cones, signage, etc. will be in place
to protect workers while on public roadways.




f. Respiratory and Hearing Protection




If a work condition exposes employees to unacceptable noise or environmental hazards, the
contractor must supply hearing and respiratory personal protective equipment. Respirators and
/ or hearing protection must meet OSHA / NIOSH requirements.




g. Fire Protection




Fire extinguishers will be placed throughout the job site, properly tagged and labeled, and
will be routinely inspected by Yates/Paric personnel. A mapping system, along with a fire
extinguisher inspection log will be displayed in the Safety / HR office for quick reference.
All extinguishers will be charged properly, and repairs will be made if necessary.




Any horseplay involving fire extinguishers will not be tolerated, and may result in
immediate removal from the job site.




h. Compressed Gas Cylinders




Personnel engaging in these types of work activities must strictly adhere to the Yates permit
system and obtain “Hot Work” permits, if applicable, before work begins. Special attention
should be placed on the safety aspect of the individual work activities, including fire
extinguishers and
fire watches where needed. Components of the oxy-fuel system are to be inspected prior to
beginning of work.


 


 









 






Transporting, Moving, and Storing Compressed Gas Cylinders:




	 	1.	 	Valve protection caps must be in place and secured.






	 	2.	 	When cylinders are hoisted, they will be secured on a cradle, slingboard, or pallet.
They must never be hoisted or transported by means of magnets or choker slings.






	 	3.	 	Cylinders should be moved by tilting and rolling them on their bottom edges. They must
never be intentionally dropped, struck, or permitted to strike each other violently.






	 	4.	 	When cylinders are transported by powered vehicles, they will be secured in a vertical
position.






	 	5.	 	Valve protection caps will not be used for lifting cylinders from one vertical position
to another. Bars will not be used under valves or valve protection caps to pry cylinders
loose when frozen. Warm, not boiling, water must be used to thaw cylinders loose.






	 	6.	 	Regulators will be removed and valve protection caps put in place before cylinders are
moved.






	 	7.	 	A suitable cylinder truck, chain, or other steadying device will be used to keep
cylinders from being knocked over while in use.






	 	8.	 	When work is finished, when cylinders are empty, or when cylinders are moved at any
time, the cylinder valve is to be closed and the valve protection cap put in place.






	 	9.	 	Compressed gas cylinders must be secured in an upright position at all times.






	 	10.	 	Oxygen cylinders in storage will be separated from fuel-gas cylinders or combustible
materials (especially oil or grease), a minimum distance of 20 feet (6.1m) or by a
noncombustible barrier at least 5 feet (1.5m) high having a fire resistance rating of at
least one-half hour.






	 	11.	 	Inside of buildings, cylinders must be stored in a well-protected, well-ventilated, dry
location, at least 20 feet (6.1m) from highly combustible materials such as oil or
excelsior. Cylinders should be store in specific assigned places away from elevators,
stairs, or gangways. Assigned storage places will be located where cylinders will not be
knocked over or damaged by passing or falling objects, or subject to tampering.






	 	12.	 	The handling, storage, and utilization of all compressed gases in cylinders, portable
tanks, rail tank cars, or motor vehicle cargo tanks shall be in accordance with Compressed
Gas Association Pamphlet P-1-1965.






	 	13.	 	A 10-lb ABC fire extinguisher will be located within 25 feet of storage and use areas.
	 
	 	14.	 	“No Smoking” or “Open Flame” signs will be located in the area.






	 	15.	 	Cylinders must not be stored within 40 feet of an occupied dwelling-i.e.—Office
trailer.




 


 









 






Placing Cylinders




	 	1.	 	Cylinders must be kept far enough away from the actual welding or cutting operation so
that sparks, hot slag, or flame will not reach them. When this is impractical,
fire-resistant shields must be provided.






	 	2.	 	Cylinders will be placed where they cannot become part of an electrical circuit.
Electrodes must never be struck against a cylinder to strike an arc.






	 	3.	 	Fuel gas cylinders are to be placed with valve end up whenever they are in use. They
will not be placed in a location where they would be subject to open flame, hot metal, or
other sources of artificial heat.
	 
	 	4.	 	Cylinders containing oxygen or acetylene or other fuel gas will not be taken into
confined spaces.






Treatment of Cylinders




	 	1.	 	Cylinders, whether full or empty, will not be used as rollers or supports.






	 	2.	 	No person other than the gas supplier will attempt to mix gases in a cylinder. No one
except the owner of the cylinder or person authorized by the owner shall refill a cylinder.
No one is to use a cylinder’s contents for purposes other than those intended by the
supplier. All cylinders used must meet the Department of Transportation requirements
published in 49 CFR Part 178, Subpart C, Specification for Cylinders.






	 	3.	 	No damaged or defective cylinder will be used. NOTE: Damaged cylinders are to be
removed from service and tagged out of service.






i. Material Handling / Storage / Usage




	 	1.	 	General






a. All materials stored in tiers shall be stacked, racked, blocked, interlocked, or otherwise
secured to prevent sliding, falling, or collapse.




b. Aisles and passageways shall be kept clear to provide for the free and safe movement of
material handling equipment or employees. Such areas shall be kept in good repair.




	 	2.	 	Material storage






a. Material stored inside buildings under construction shall not be placed within 6 feet of
any hoist way or inside floor openings, nor within 10 feet of an exterior wall which does not
extend above the top of the material stored.




b. Non-compatible materials shall be segregated in storage.




c. Bagged materials shall be stacked by stepping back the layers and cross-keying the bags
at least every 10 bags high.




d. Materials shall not be stored on scaffolds or runways in excess of supplies needed for
immediate operations.




e. Brick stacks shall not be more than 7 feet in height. When a loose brick stack reaches a
height of 4 feet, it shall be tapered back 2 inches in every foot of height above the 4-foot
level.


 


 









 






f. When masonry blocks are stacked higher than 6 feet, the stack shall be tapered back
one-half block per tier above the 6-foot level.




g. Lumber:




1) Used lumber shall have all nails withdrawn before stacking.




2) Lumber shall be stacked on level and solidly supported sills.




3) Lumber shall be so stacked as to be stable and self-supporting.




4) Lumber piles shall not exceed 20 feet in height provided that lumber to be handled
manually shall not be stacked more than 16 feet high.




h. Structural steel, poles, pipe, bar stock, and other cylindrical materials, unless
racked, shall be stacked and blocked so as to prevent spreading or tilting.




i. Drums, barrels, and kegs must be stacked symmetrically. If stored on their sides, the
bottom tiers must be blocked to keep them from rolling. When stacked on end, put planks,
sheets of plywood dunage, or pallets between each tier to make a firm, flat, stacking
surface. When stacking materials two or more tiers high, the bottom tier must be checked on
each side to prevent shifting in either direction. All bound material should be stacked,
placed on racks, blocked, interlocked, or otherwise secured to prevent it from sliding,
falling, or collapsing.




j. Tool Safety




All construction heavy equipment (i.e. forklifts, scissor lifts, cranes, etc.) and tools
shall be inspected every morning prior to use by the operators. Any type of damage will be
reported and repaired PRIOR to use each day. Each competent tool room person will inspect all
tools each day and report or repair any damages. All heavy machinery will be inspected and
repaired by a competent person. Inspection sheets will be turned in daily to the Site Safety
Professional for review. These will be kept on file for the duration of the project.




k. Welding and Cutting




Oxygen, acetylene, and mixture tanks will be stored in approved areas. Oxygen cylinders shall
be separated from fuel — gas cylinders or combustible materials a minimum of 20 feet or by a
non combustible barrier at least 5 feet high, having a fire resistance rating of at least
one-half hour. All welding and cutting tanks will have flashback arrestors installed at the
torch to prevent flashback of gases. A fire extinguisher must also be present.




I. Electrical Safety / Assured Grounding Program




The use of GFCI’s is a way to make sure trades people are protected from shorts and electrical
shocks. Ground fault interrupters are commonly installed in wet environments where there is a
possibility of short due to exposure to water. Thus, the application to the construction
sites where exposure to water and over loading of circuits is common. The ground
fault interrupter isolates the short at the receptacle, so it does not trip the main circuit
breaker at the panel.


 


 









 







All duplex receptacles will be Ground Fault Circuit Interrupter (GFCI)
protected. These will be routinely tested to insure that the interrupter is in tact and working as
designed. Exposed circuits and wires will have no power and will be removed if not being installed
immediately.




All extension cords will be inspected daily to insure no cuts, breaks, kinks, duct tape, aluminum
or electrical tape is present. Extension cords must be properly placed in walkways, stairwells, and
elevator shafts to help reduce the number of damages and tripping hazards. They will be properly
elevated and secured where possible, and correctly tied to a stable structure so that personnel
will not roll over or trip on them. All extension cords must have the proper 3-prong head with
ground plug placed on them.




In accordance with OSHA Standards, temporary breaker boxes will be closed but shall not be locked
at any time. (Personnel must have access in case of an emergency.) These boxes will have proper
identification tags marked on them, and a map of their location will be posted in the safety
office. They will not have any empty breaker slots or empty knockout holes. They shall be placed in
an area where precipitation is not excessive, or shall be covered extensively with appropriate
waterproofing or protection where it does not create a fire hazard if precipitation is present.




All power cord connected and plugged to the temporary breaker and receptacle panels will be
consistently inspected for tension relief. This will reduce damage to the cords, panels, and
receptacles. The temporary panels will have the proper electrical load capacity available to them,
and will be adjusted and serviced as needed.




One of the methods listed by OSHA as part of acceptable record keeping is to establish a color code
for marking cord sets and cord- and plug-connected equipment. The table below lists a color code
that is in wide use by electricians and contractors. Colored plastic or vinyl electrical tape is
placed on one or both ends of cords and cord- and plug-connected equipment to denote the month that
the tests were performed.




GFCI Color Codes:



	 	 	 	 	 
	January — Orange

	 		 	

	February — Blue

	 	
	 	

	March — Red

	 	
	 	
	April — Yellow
May — Orange

June — Blue
July — Red
August — Yellow
September — Orange
October — Blue

November — Red
December — Yellow
	 	
	 	





 


 









 






m. Scaffolding




All scaffolds on the River City Casino & Hotel job will be capable of supporting its own
weight and at least four times the maximum intended load applied to it. Each platform must be
fully planked between the front uprights and the guardrail supports per OSHA 1926.451(b).
Each employee exposed to a fall of 6 feet or greater shall.




Baker Scaffolds




The use of Baker scaffolds is permissible at work not greater than 6’ in height and a width
not greater than 40”. Any work that requires scaffold width greater than 40” or greater than
6’ in height will require the use of an alternative means/method (i.e. lightweight scissor
lifts).




n. 100% Fall Protection over 6 feet on all work activities




Yates/Paric personnel working six (6) feet or more above any surface where a temporary
guardrail system is not in place, must wear an OSHA / ANSI approved safety harness and
lanyard. All employees must be tied off to an appropriate anchorage point. Employees using
fall arrest systems will inspect it daily before each use and as required depending upon site
conditions. All fall protection equipment must be inspected on a monthly basis (marked with
color coded tape).




Harnesses and shock absorbing lanyards are required while installing temporary guardrail
systems or safety cable barriers. Any employee working six (6) feet or less from the leading
edge on a surface is required to be tied off with a retract and/or lanyard to a harness.




Any employee operating aerial and scissor lift equipment shall be tied off utilizing anchor
points provided. Equipment must be secured against movement to reduce falling hazards.




After each slab is poured, slab grabbers or Safe T-Straps will be installed at the edge of
the slab in order to place temporary guardrails. The top rail shall be placed at 42”, the
mid-rail at 21” and the toe board (flush with the floor). Handrails will remain in place
until the wall is complete or permanent handrails are installed.




Any holes on the working surface that are 2” or more in width shall be sealed with a cover.
“HOLE — Do Not Remove” shall be written on each cover. If sufficient space is not available,
it will be marked with “Hole” or “Hole Cover”.


 


 









 






o. Cranes & Rigging — Personal hoists / Manlifts




Lifting equipment is built for safe and economical operation, but it is only as safe as the
operators who operate it.




1. General Requirements




	 	a.	 	All cranes, hoists, motor vehicles, elevators, conveyors, and heavy equipment must be
operated and maintained to conform to established standards.
	 
	 	b.	 	Equipment rental companies are required to supply the Safety Department with a current
“inspections Certificate” for each individual crane to work on the project. A certified
inspector, testing laboratory, manufacturer, or metallurgist will sign off this certificate or
facsimile. A copy of the last annual crane inspection must accompany the rental agreement.
Terms and conditions for rental equipment places the responsibility of lessor to furnish copy
of certifications of annual inspections of various pieces of lifting equipment and cranes as
required by OSHA. The Project Superintendent must ensure this documentation is in hand and in
order prior to placing the equipment in service.
	 
	 	c.	 	All cranes, hoists, motor vehicles, elevators, and heavy equipment must be inspected prior to
use on each shift. All deficiencies must be repaired before the equipment is used.
	 
	 	d.	 	Operators of such equipment must keep inspection records required by this procedure.
	 
	 	e.	 	Rated load capacity charts, recommended operating speeds, special hazard warnings, and other
essential information will be visible to the operator while they are at their control station.
	 
	 	f.	 	Prior to initial use, all new, extensively repaired, and altered cranes should be tested by
or under the direction of an appointed or authorized person, confirming the load rating of the
crane.
	 
	 	g.	 	Operators must take signals from only one person; in an emergency, however, a STOP signal
can be given by anyone.
	 
	 	h.	 	Only standard hand signals will be acknowledged. A copy of the hand signals must be
provided on equipment visible to employees.
	 
	 	i.	 	Routine maintenance, fueling, and repairs must not be performed while the equipment is in
use or the power on.
	 
	 	j.	 	When handling or recharging batteries or using jumper cables, wear a face shield.






 


 












 





	 	k.	 	The starting procedure is as follows:






	 	1.	 	Prior to start-up, make a walk-around inspection to
check the condition of the machine and see that everyone is in the clear.
	 
	 	2.	 	Check the engine oil and coolant prior to the initial
start-up each shift.
	 
	 	3.	 	Before working machine, allow sufficient time for a
warm-up period after engine is started.
	 
	 	4.	 	Prior to attempting to work the machine, the operator
should thoroughly familiarize himself with all controls.
	 
	 	5.	 	All controls should be tested by the operator at the
start of a new shift. If controls do not operated properly, they will be
adjusted or repaired before working the machine. Check wheel brakes before
moving machine.






	 	2.	 	Operators of Material Handling Equipment






	 	a.	 	Cranes will be operated only by the following personnel:
	 
	 	b.	 	Designated operator — The operator assigned by the employer as being qualified to
perform specific duties.
	 
	 	c.	 	Learners under the direct supervision of a designated operator.
	 
	 	d.	 	Maintenance and test personnel, when it is necessary in the performance
of their duties.






	 	1.	 	No one, other than personnel specified, will enter an
operator station or crane cab, with the exception of persons such as
helpers and supervisors whose duties require them to do so, and then only
in the performance of their duties and with the knowledge of the operator
or other appointed person.
	 
	 	2.	 	It will be the responsibility of the Project
Superintendent to assign a competent person to indoctrinate operators in
the operating procedures and OSHA regulations concerning hoist and crane
operation, prior to starting work.





 


 









 






	 	e.	 	Each operator for mobile cranes rated 50 tons or larger must be qualified in
accordance with accepted Operator Qualification procedure. This qualification must be met
at the beginning of each project and at least annually thereafter. If there is any
question about physical or mental fitness of any operator, he may be referred to Project
Superintendent for arrangement for doctor examination.






	 	f.	 	The operator will be responsible for those operations under his direct control.
Whenever there is any doubt as to safety, the operator will stop and refuse to handle
the load until safety, such as proper rigging, has been assured.
	 
	 	g.	 	While actually engaged in operating the crane, the operator will not engage
in any practice that will divert his attention.
	 
	 	h.	 	The operator will familiarize himself with the equipment and its proper
care. If adjustments or repairs are necessary, or any defects are known, he will
report he same promptly to his supervisor and will also notify the next operator of
the defects upon changing shift.
	 
	 	i.	 	The operator will avoid swinging loads over employees. The operator will
sound the horn when swinging a suspended load.
	 
	 	j.	 	The operator will not leave his position at the controls while the load is
suspended. Before leaving his crane unattended, the operator will:






	 	1)	 	Land any attached load, bucket, lifting magnet, or other device.
	 
	 	2)	 	Disengage clutch.
	 
	 	3)	 	Set travel, swing, boom brakes, and other locking devices.
	 
	 	4)	 	Put controls in the “off” position.
	 
	 	5)	 	Stop the engine.
	 
	 	6)	 	Secure crane against accidental travel.






	 	k.	 	Safety latches are required on all hooks on lifting and pulling devices.





 


 









 






	 	p. Mobile Equipment Operation and Operator Training
	 
	 	 	 	Cranes, Derricks, Hoists, Conveyors, and Aerial Lifts






	 	A.	 	General Requirements






Lifting equipment is built for safe and economical operation, but it is only as safe as the
operators who operate it.




	 	1.	 	All cranes, hoists, motor vehicles, elevators, conveyors, and heavy equipment must be
operated and maintained to conform to established standards.






	 	2.	 	Equipment rental companies are required to supply the Safety Department with a current
“inspections Certificate” for each individual crane to work on the project. A certified
inspector, testing laboratory, manufacturer, or metallurgist will sign off this certificate or
facsimile. A copy of the new annual crane inspection must accompany the rental agreement. Terms
and conditions for rental equipment places the responsibility of lessor to furnish copy of
certifications of annual inspections of various pieces of lifting equipment and cranes as
required by OSHA. The site management team must ensure this documentation is in hand and in
order prior to placing the equipment in service.
	 
	 	3.	 	All cranes, hoists, motor vehicles, elevators, and heavy equipment must be inspected prior to
use on each shift. All deficiencies must be repaired before the equipment is used.
	 
	 	4.	 	Operators of such equipment must keep inspection records required by this procedure.
	 
	 	5.	 	Rated load capacity charts, recommended operating speeds, special hazard warnings, and other
essential information will be visible to the operator while they are at their control station.
	 
	 	6.	 	Prior to initial use, all new, extensively repaired, and altered cranes should be tested by
or under the direction of an appointed or authorized person, confirming the load rating of the
crane.
	 
	 	7.	 	Operators must take signals from only one person; in an emergency, however, a STOP signal can
be given by anyone.
	 
	 	8.	 	Only standard hand signals will be acknowledged. A copy of the hand signals must be provided
on equipment visible to employees.
	 
	 	9.	 	Routine maintenance, fueling, and repairs must not be performed while the equipment is in use
or the power on.
	 
	 	10.	 	When handling or recharging batteries or using jumper cables, wear a face shield.





 


 









 






	 
	 	11.	 	The starting procedure is as follows:






	 	a)	 	Prior to start-up, make a walk-around inspection to check the condition of the
machine and see that everyone is in the clear.
	 
	 	b)	 	Check the engine oil and coolant prior to the initial start-up each shift.
	 
	 	c)	 	Before working any machine, allow sufficient time for a warm-up period after engine
is started.
	 
	 	d)	 	Prior to attempting to work the machine, the operator should thoroughly familiarize
himself with all controls.
	 
	 	e)	 	All controls should be tested by the operator at the start of a new shift.
If controls do not operated properly, they will be adjusted or repaired before
working the machine. Check wheel brakes before moving machine.






Operators of Material Handling Equipment




	 	1.	 	Cranes will be operated only by the following personnel:






	 	a)	 	Designated operator — The operator assigned by the employer as being
qualified to perform specific duties.
	 
	 	b)	 	Learners under the direct supervision of a designated operator.
	 
	 	c)	 	Maintenance and test personnel, when it is necessary in the
performance of their duties.






	 	2.	 	No one, other than personnel specified, will enter an operator station or crane cab,
with the exception of persons such as helpers and supervisors whose duties require them to
do so, and then only in the performance of their duties and with the knowledge of the
operator or other appointed person.
	 
	 	3.	 	It will be the responsibility of the Crane and Equipment Safety Manager or his
designee to indoctrinate operators in the operating procedures and OSHA regulations
concerning hoist and crane operation, prior to starting work.
	 
	 	4.	 	Each operator for all equipment must be qualified in accordance with accepted
Operator Qualification procedure. This qualification must be met at the beginning of each
project and as determined thereafter. If there is any question about physical or mental
fitness of any operator, he may be referred to the Crane and Equipment Safety Manager or
his designee for referral to Human Resources for evaluation.
	 
	 	5.	 	The operator will be responsible for those operations under his direct control.
Whenever there is any doubt as to safety, the operator will stop and refuse to handle the
load until safety, such as proper rigging, has been assured.
	 
	 	6.	 	While actually engaged in operating the crane, the operator will not engage in any practice that will divert his attention.




 


 









 






	 	7.	 	The operator will familiarize himself with the equipment and its proper care. If
adjustments or repairs are necessary, or any defects are known, he will report the same promptly to his supervisor and will also notify the next operator of
the defects upon changing shift. If these adjustments, repairs or defects are such that
they may jeopardize the safe operation of the equipment, the equipment must be removed
from service immediately and tagged out of service.
	 
	 	8.	 	The operator will avoid swinging loads over employees. The operator will sound the
horn when swinging a suspended load.
	 
	 	9.	 	The operator will not leave his position at the controls while the load is suspended.
Before leaving his crane unattended, the operator will:






	 	a)	 	Land any attached load, bucket, lifting magnet, or other device.
	 
	 	b)	 	Disengage clutch.
	 
	 	c)	 	Set travel, swing, boom brakes, and other locking devices.
	 
	 	d)	 	Put controls in the “off” position.
	 
	 	e)	 	Stop the engine.
	 
	 	f)	 	Secure crane against accidental travel.






	 	10.	 	Safety latches are required on all hooks on lifting and pulling devices.






Cranes and Derricks




	 	a.	 	No one but the operator will be allowed in or on the machine while it is operating.
(This means NO RIDERS).
	 
	 	b.	 	NO RIDER signs will be posted in cab of crane.
	 
	 	c.	 	Boom angle indicators must be in working order at all times. Load movement
devices or load indicating devices will be installed where required.
	 
	 	d.	 	All wire ropes will be in good repair.
	 
	 	e.	 	All belts, gears, shafts, pulleys, sprockets, drums, flywheels, or chains will be
properly guarded.
	 
	 	f.	 	Accessible areas within the swing radius of all cranes must be barricaded.
	 
	 	g.	 	The swing radius will be free of outside material such as water cans, tool boxes, and
miscellaneous storage.
	 
	 	h.	 	All exhaust systems will be in good repair and guarded.




 


 









 






	 	i.	 	All windows will be of safety glass and free of distortion such as cracks.
	 
	 	j.	 	Guardrails and hand holds will be appropriately built and secured and antiskid surfaces
placed on walkways and platforms.
	 
	 	k.	 	There will be an accessible 10-lb ABC fire extinguisher at all operator stations or
cabs.
	 
	 	l.	 	The load block, headache ball, and safety hook will be kept in good repair.
	 
	 	m.	 	No employee will ride on a cable, ball, chain, sling, or any other hoisting attachment or on
the material being moved by means of a winch line, crane, or truck.
	 
	 	n.	 	Backup alarms will be installed and operational on truck cranes and pickers.
	 
	 	o.	 	With motor cranes, all four outriggers should be firmly set for every lift. In case of a
rolling lift, the ground area must be firm and level and outriggers pads set to just clear
ground.
	 
	 	p.	 	Booms and boom members will be kept in good repair, free of cracks, dents, and
broken parts.
	 
	 	q.	 	Boom and crane rigging should be inspected at the start of every shift. At least once a
week, lines should be checked thoroughly and lubricated. Aerosol can-type lubricant seems to
be the most generally acceptable. It must be a lubricant that will penetrate the cables.
	 
	 	r.	 	A monthly Crane Inspection Report must be completed and submitted to the Project Office.
In addition, this report must be completed as soon as the piece of equipment arrives on
the job site.
	 
	 	s.	 	Never repair a damaged boom or any section thereof. The only safe procedure is to
contact the manufacturer giving crane identification information and following their
instructions.
	 
	 	t.	 	Jibs will be used only when necessary for inward reach and will be equipped with
positive jib stops when available.
	 
	 	u.	 	Cranes will not be operated when any part of the machine can come within 10 feet of a high
voltage conductor. For this purpose, anything over 220 volts will be considered high voltage.
When operating in proximity to a high voltage line, riggers will not pull the load line at an
angle to make a hook up. If it is necessary to operate a crane close to high voltage lines,
make arrangements through management to have the line de-energized if possible.




 


 









 






	 	v.	 	For lines rated over 50 kV, the minimum clearance between the lines and any part of
the crane or load must be 10 feet plus 0.4 inch for each 10 kV over 50 kV.
	 
	 	w.	 	During transit, with no load and the boom lowered, the minimum
equipment clearance must be 4 feet for 50 kV or less, 10 feet for 50 kV to 345 kV, and 16
feet for voltages up to 750 kV.
	 
	 	x.	 	A designated employee must observe clearance of the equipment and give timely
warning for all operations where the operator’s vision is obstructed.
	 
	 	y.	 	Any overhead line must be considered energized unless the responsible utility
company or client representative verifies that it is not energized.
	 
	 	z.	 	Buffers will be installed at each end of the tracks for stops on rail-mounted
cranes.






Pre-Operational Inspection




An internal checklist will be employed to insure complete and thorough crane inspections.
The checklist will include the following elements:




	 	•
	 	Specific areas recommended by the manufacturer.
	 
	 	•	 	Proper readable load chart in Cab.
	 
	 	•	 	Angle Indicator functions.
	 
	 	•	 	If two-block device is not functioning; discussion with Crane and
Equipment Safety Manager is required.
	 
	 	•	 	Rated 10ABC Fire Extinguisher.
	 
	 	•	 	Cab maintenance and cleanliness.
	 
	 	•	 	Main and side crane windows not blocked with paper.
	 
	 	•	 	Out riggers fully extend and support crane weight.
	 
	 	•	 	Tires inflated properly.
	 
	 	•	 	Lattice boom crane — chord — connections inspected.
	 
	 	•	 	Note: Chord damage of any level shall have crane rejected.
	 
	 	•	 	Deformed, cracked, or corroded members in the crane structure
and entire boom.
	 
	 	•	 	Loose bolts or rivets.
	 
	 	•	 	Cracked or worn sheaves and drums.
	 
	 	•	 	Worn, cracked or distorted parts such as pins, bearings, shafts, gears,
rollers and locking devices.
	 
	 	•	 	Excessive wear on brake and clutch system parts, linings, pawls
and ratchets.
	 
	 	•	 	Load, boom angle, and other indicators over their full range, for
any significant inaccuracies Note: If load indicator is not
functioning or absent discussion with Crane and Equipment Safety
Manager is required.




 


 









 











	 	•	 	Excessive wear of chain drive sprockets and excessive chain
stretch.
	 
	 	•	 	Crane hooks for cracks (visual).
	 
	 	•	 	Travel steering, braking and locking devices for malfunction.
	 
	 	•	 	Excessively worn or damaged tires.






Hydraulic and pneumatic hose, fittings and tubing including:




	 	a.	 	Evidence of leakage at the surface of the flexible hose or its junction with
the metal and couplings.
	 
	 	b.	 	Blistering or deformation of the outer covering of the hydraulic or
pneumatic hose.
	 
	 	c.	 	Leakage at threaded or clamped joint that cannot be eliminated by
normal tightening or recommended procedures.
	 
	 	d.	 	Evidence of excessive abrasion or scrubbing on the outer surface of a hose,
rigid tube or fitting. Means shall be taken to eliminate the interference of elements
in contact or otherwise protect the components.






Hydraulic and pneumatic pumps and motors including:




	 	a.	 	Loose bolts or fasteners
	 
	 	b.	 	Leaks at joints between sections
	 
	 	c.	 	Shaft seal leaks
	 
	 	d.	 	Unusual noises or vibration
	 
	 	e.	 	Loss of operating speed
	 
	 	f.	 	Excessive heating of the fluid
	 
	 	g.	 	Loss of pressure






Hydraulic and pneumatic valves including:




	 	a.	 	Cracks in valve housing
	 
	 	b.	 	Improper return of spool to neutral position
	 
	 	c.	 	Leaks at spools or joints
	 
	 	d.	 	Sticking spools
	 
	 	e.	 	Failure of relief valves to attain correct pressure setting
	 
	 	f.	 	Relief valve pressures as specified by the manufacturer






Hydraulic and pneumatic cylinders including:




	 	a.	 	Drifting caused by fluid leaking across the piston
	 
	 	b.	 	Rod seals leakage
	 
	 	c.	 	Leaks at welded joints
	 
	 	d.	 	Scored, nicked or dented cylinder rods
	 
	 	e.	 	Dented case (barrel)




 


 









 






	 	f.	 	Loose or deformed rod eyes or connecting joints
	 
	 	g.	 	Hydraulic filters for evidence of rubber
particles on the filter element that may indicate hose, “O” ring or
other rubber component deterioration. Metal chips or pieces on the
filter may denote failure in pumps, motors or cylinders. Further
checking will be necessary to determine the origin of the problem before
corrective action can be taken.






Hammerhead Tower Cranes




Adequate clearance shall be maintained between moving and rotating structures of the crane
and fixed objects to allow the passage of employees without harm.




Each employee required to perform duties on the horizontal boom of hammerhead tower cranes
shall be protected against falling by guardrails or by a personal fall arrest system in
conformance with subpart M of the OSHA 1926 standard.




Buffers shall be provided at both ends of travel of the trolley.




Cranes mounted on rail tracks shall be equipped with safety switches limiting the travel
of the crane on the track and stops or buffers at each end of the tracks.




All hammerhead tower cranes in use shall meet the applicable requirements for design,
construction, installation, testing, maintenance, inspection, and operation as prescribed
by the manufacturer.




Hydraulic Cranes




The use of hydraulic cranes as general purpose material handling equipment presents an
operational control problem that all supervision should be aware of and responsible for.
In addition to the applicable rules set down in the previous sections, the following rules
will be adhered to when operating a hydraulic crane.




	 	1.	 	In warm weather, remove and store doors to prevent blind spots or slide back in the locked
position.
	 
	 	2.	 	Wear seat belts at all times while traveling the crane.
	 
	 	3.	 	In addition to filing the Monthly Crane Safety Report, “a daily check of the following items
will be made before starting the shift:






	 	a.	 	All deficiencies on the machine or unsafe conditions are to be reported to your
supervisor promptly.
	 
	 	b.	 	No modifications or additions that affect the capacity and operation of the
equipment will be made without the manufacturer’s written approval.
	 
	 	c.	 	Check wire rope condition and dead end for wedges and clamps. Keep wire rope
lubricated.




 


 









 











	 
	 	d.	 	Check hook and block. Make sure hook has an operational safety latch.
	 
	 	e.	 	Check boom pivot pins and pin retainers.
	 
	 	f.	 	Check mountings for hydraulic boom cylinders.
	 
	 	g.	 	Check outriggers, pivot pins and retainers, and cylinder mountings.
	 
	 	h.	 	Check for buildup of dirt and rocks under outrigger cylinders. Check
outrigger frames for cracks.
	 
	 	i.	 	Check all steering linkage.
	 
	 	j.	 	Check winch mounting.
	 
	 	k.	 	Check for any leaks of the hydraulic, engine oil, and coolant systems.
	 
	 	l.	 	Test brakes prior to moving machine.
	 
	 	m.	 	Make sure hydraulic pump is disengaged before moving machine if
applicable.
	 
	 	n.	 	Check horn, turn signals, and lights for proper operation.
	 
	 	o.	 	Inspect tires for condition and proper inflation.
	 
	 	p.	 	Check back-up alarm
for proper functioning.






	 	D.	 	Outriggers






	 	1.	 	The crane must be level with all outriggers down on firm ground or footing
prior to lifting loads or swinging the boom over the side, except as noted under the
“Traveling” heading. Without the outriggers down and even with no load, it is possible
to tip the crane over by simply swinging the boom over the side.
	 
	 	2.	 	The transporting of materials on the outriggers is prohibited.
	 
	 	3.	 	Use appropriate pads under outriggers when soil conditions warrant or there
is not a firm, stable foundation for the outrigger to be placed on, especially when
making heavy picks or when working near maximum radius.
	 
	 	4.	 	When setting up near trenches or excavations, stay a safe distance back from
the hole a minimum of 2 feet or an evaluation must be conducted by a competent person to determine if the footing is stable to support the machine.




 


 









 






	 	E.	 	Hoisting






	 	1.	 	Know the weight of the load and the location to which it is being moved.
	 
	 	2.	 	No crane is to be loaded beyond its rated capacity.
	 
	 	3.	 	The operator will test the machine each time a load approaching the rated load is
handled, by raising it a few inches and holding the load.
	 
	 	4.	 	Extreme care should be exercised when a load approaching the rated load capacity is
handled. Whenever possible, this load should be tested keeping it close to the ground and
booming out to the maximum radius required prior to making the actual lift into place. Be
sure actual operating conditions do not exceed test conditions.
	 
	 	5.	 	Use extreme caution when extending the boom with loads suspended. As working radius
increases, load capacity decreases and can cause the machine to tip over. Most hydraulic
cranes differ from a friction machine in that a load cannot be lowered fast enough to
overcome a tipping action once the machine becomes over-balanced.
	 
	 	6.	 	When the boom is extended, care should be exercised to avoid “two blocking”
sheave block with boom.
	 
	 	7.	 	During hoisting, swing, or lowering operations, there will be no sudden acceleration
or deceleration of the moving load.






	 	F.	 	Traveling






	 	1.	 	When traveling, the boom will be fully retracted and positioned over the front of the
machine in the direction of travel.
	 
	 	2.	 	Use a signalman when traveling mobile cranes. The operator’s visibility is very poor
towards the rear of some machines.
	 
	 	3.	 	The warning signal will be sounded each time before traveling, and intermittently
during travel, particularly when approaching employees.
	 
	 	4.	 	Traveling with a load is not encouraged. However, if there is no alternative
means to accomplish the task, follow the manufactures guidelines when traveling with
a load.
	 
	 	5.	 	Load must be positioned over the front of the machine in the direction of travel.





 


 









 






	 	6.	 	ALL TRAVELED LOADS MUST BE TIED OFF TO THE
MACHINE BY A TAG LINE AND NOT HELD OR BALANCED BY EMPLOYEES WALKING ALONG SIDE OF LOAD.
	 
	 	7.	 	Some loads will require the positioning of outriggers close to the ground.
	 
	 	8.	 	Route to be traveled will be level, compacted, and free of potholes.
	 
	 	9.	 	No one will be permitted to ride on any crane or picker except the operator or
driver.






Crane Suspended Work Platform




OSHA prohibits the use of crane suspended personnel platforms “man basket” unless there is
ample cause and justification for their use.




This method will be used only if the work to be performed cannot normally be reached by
scaffolding, aerial work platforms, ladders, etc., and when transport or constructing of access
for personnel to elevations where other means of access are unsafe or more hazardous because of
structural design or work site conditions.




All additional sections of the management system will apply toward this work procedure and be
fully enforced.




A man basket checklist must be completed before man basket work activities can commence.




	 	1.	 	Suspended work platform will not be permitted if there is another
reasonable method consistent with construction practices to accomplish the task.
	 
	 	2.	 	Each suspended work platform brought onto the project must be inspected and
approved for use by the Crane and Equipment Safety Manager or his designee.
	 
	 	3.	 	The Crane and Equipment Manager or his designee must specifically approve
each individual use of suspended work platform.
	 
	 	4.	 	Suspended work platforms will be constructed in accordance with C.F.R.
1926.550(G)(4)(i)
	 
	 	5.	 	E. A critical lift plan must be completed by the Crane and Equipment
Safety Manager or his designee.




 


 









 











Personnel Hoists — Fixed




	 	1.	 	The erection and operation of personnel hoists must conform to
established standards.
	 
	 	2.	 	Hoists must be guarded at ground elevation by suitable barricades and
signs, and, on all elevations, the entrance to the platform should be barricaded.
	 
	 	3.	 	Personnel hoists will be enclosed on all sides and the top, except sides
used for entrances and exits, which will have car gates or doors.
	 
	 	4.	 	The maximum allowable distance between the floor of the lifting car and the
landing platform is six inches.
	 
	 	5.	 	Prior to placing a hoist into service, functions and safety devices must be
tested thoroughly under the supervision of the manufacturer’s representative or other
similarly qualified person in the presence of the Project Superintendent or his
designee.
	 
	 	6.	 	At least every four months, the manufacturer’s representative as required
by ANSI must make a full inspection and test to include a drop test.
	 
	 	7.	 	Records of such inspections and tests must be kept on the job site with
copies to the Safety Department.
	 
	 	8.	 	Operators of personnel hoists will receive orientation and training in the
safe and proper operation in accordance with the manufacturer’s instructions.






Aerial Work Platforms — Requirements




	 	1.	 	General Requirements:






	 	a)	 	The design and operation of all movable personnel hoists will be in
accordance with the manufacturer’s recommended procedures for safe operation.
	 
	 	b)	 	All personnel who operate aerial work platforms will be trained and
qualified in the safe operating procedures, using the manufacturer’s operator
book.
	 
	 	c)	 	The operator will have, on his person or on the job
site, the documentation issued by the Safety Department stating his
competency in operating the specific model of equipment. Arrangements
should be made for instructor personnel to be periodically trained and upgraded by the manufacturer’s representative or the vendor.




 


 









 







	 	d)	 	At least every three months, the manufacturers must make a full
inspection and test representative. Records of such inspections and tests must be
kept on the job site with copies forwarded to the Safety Department.
	 
	 	e)	 	The movable personnel hoist is to be inspected for proper
mechanical condition and is not to be used for lifting personnel unless in proper
working order.
	 
	 	f)	 	All outriggers must be extended and firmly set before personnel are
elevated.
	 
	 	g)	 	Never position steps, ladders, or similar items on platforms
to provide additional reach.
	 
	 	h)	 	Aerial work platform are not designed to be use as a lifting
device for materials. It is designed to safely lift workmen, small incidental
materials and their tools.
	 
	 	i)	 	If any questionable situation arises as to the capabilities or use
of a movable personnel hoist, the Safety Department or manufacturer’s
representative is to be consulted prior to use.
	 
	 	j)	 	All mechanical, hydraulic, and structural parts and systems of
the lift will be inspected before each use. Any defects will be corrected before
use.
	 
	 	k)	 	The equipment operator must know the equipment’s capacity and
operate within the safe operating limits.






J.L.G. Type Work Platform




NOTE: For use in this section, “J.L.G.” is used to represent all types and manufactures of
mobile manlift machinery.




	 	1.	 	Two 10-lb ABC fire extinguishers will be maintained on each J.L.G., one in
the main basket, one on the machine base on the ground.
	 
	 	2.	 	The counterweight swing radius is to be barricaded any time the equipment is in operation.
The area directly underneath the J.L.G. must be barricaded if the work presents a hazard to
workers at lower levels.
	 
	 	3.	 	Lift will be operated only on level ground with wheels choked unless controls are located in
basket of equipment.




 


 









 






	 	4.	 	Steering wheels should not be turned on concrete floors, unless lift is in motion.
	 
	 	5.	 	Safety harnesses will be worn in basket with lanyards secured to anchor point provided in the
lift.
	 
	 	6.	 	Gate on basket will be kept closed and locked at all times when in use.
	 
	 	7.	 	No material will be lifted with J.L.G. lift.
	 
	 	8.	 	Fuel, motor oil, and hydraulic oil will be checked before each shift.
	 
	 	9.	 	Lift will not be used for any purpose other than to provide a mobile scaffold for workers.
	 
	 	10.	 	Machine platforms will be kept a minimum of 10 feet from electrical power lines.
	 
	 	11.	 	Personnel cannot stand on handrails for purposes of work. They must remain inside the basket.
	 
	 	12.	 	In the event that a person must exit the basket to perform work, the 100% tie off rule must
be followed. The person must be tied off to an appropriate anchor point outside of the basket
prior to unhooking from the anchor point inside the basket.






Pre-Operational and Daily Inspections




All equipment to be used on the site will be required to meet the minimum OSHA
requirements, including but not limited to lighting, mirror, alarms, etc. Each piece of
equipment will be inspected before it may be used on the site. The operator will conduct
the inspection utilizing a check sheet of pre-determined requirements.




Inspection periods based on manufacturers recommendations, hours of service, incident
involvement, or other reasons that would require inspection.




After equipment has passed the inspection process, it will be available for use on the
project. Each piece of equipment will be re-inspected by the operator at the beginning of
each shift or anytime there is a change in operators. Equipment failing inspection will be
removed from service and tagged out with a “Do Not Operate” tag.


 


 









 






Daily Inspection




A Daily Equipment Safety / Maintenance Checklist will be conducted by the operator before
he/she begins operation of the equipment.




Daily inspection will also be conducted to verify that the hoist is free of mechanical defects and / or safety deficiencies. The first person to operate the
machine must visually inspect the machine prior to its operation. Any deficiencies
observed with the equipment being inspected must be noted on the inspection form and
corrected or repaired prior to operation.




The following will be inspected as a minimum.




	 	•	 	Inspections are required when in use other than daily
mandated inspection.
	 
	 	•	 	Inspect all control mechanisms for maladjustment
interfering with proper operation.
	 
	 	•	 	Inspect all control mechanisms for excessive wear of
components and contamination by lubricants or other foreign matter.
	 
	 	•	 	Inspect all safety devices for malfunction.
	 
	 	•	 	Inspect all hydraulic hoses, and particularly those which
flex in normal operation of crane functions, should be visually inspected.
	 
	 	•	 	Inspect crane hooks for deformations or cracks. Hooks
with cracks, or having more than 15 percent in excess of normal throat
opening, or more than 10-degree twist from the plane of the unbent hook must
not be used.
	 
	 	•	 	Inspect rope reaving for compliance with crane
manufacturer’s specifications.
	 
	 	•	 	Inspect electrical apparatus for malfunctioning,
signs of excessive deterioration, dirt and moisture accumulation
	 
	 	•	 	Inspect tires for recommended inflation pressure.






Mobile Crane Training and Qualifications




No operator will be allowed to operate mobile cranes without having current
documentation stating their qualifications. An Equipment Operators Card will be issued
internally showing that all documentation has been reviewed and is current.




Crane operators may only be qualified to operate by the Crane and Equipment Safety
Manager or his designee. Exceptions to operators being trained by a third party must be
approved by the Crane and Equipment Safety Manager.


 


 









 






Mobile Crane Operations and Practices




Equipment rental companies are required to supply the site superintendent with a current
“inspections Certificate” for each individual crane to work on the project. A certified
inspector, testing laboratory, manufacturer, or metallurgist will sign off this
certificate or facsimile. A copy of the last annual crane inspection must accompany the
rental agreement. Terms and conditions for rental equipment places the responsibility of
lessor to furnish copy of certifications of annual inspections of various pieces of
lifting equipment and cranes as required by OSHA. The superintendent must ensure this
documentation is in hand and in order prior to placing the equipment in service.




The following will outline some basic parameter requirements applying specifically to
the use and daily management of Mobile Crane operations.




Operator / Superintendent Responsibilities




	 	•	 	It is the primary responsibility of the operator
to see that the equipment is operated within the designed
specifications.
	 
	 	•	 	The operator will have the primary
responsibility for inspecting and maintaining hoisting equipment.
	 
	 	•	 	All hydraulic booms will be stowed at end of work shift.
	 
	 	•	 	All lattice boom cranes will have the boom “dogged off” to an approved location at end of work shift.
	 
	 	•	 	The operator must be in position at the controls
before starting a crane and will never attempt to start a crane while
standing on the ground outside the cab.
	 
	 	•	 	The operator must make sure all other personnel
are clear of the crane before starting and/or moving the crane.
	 
	 	•	 	The operator must not leave the controls position
while a load is suspended.
	 
	 	•	 	The operator must never climb on or off a
crane or equipment while it is in motion.
	 
	 	•	 	The operator and the rigger will be responsible
to ensure all systems used with the hoisting equipment are within design
capacity. This includes blocks, slings, ropes, etc.
	 
	 	•	 	The operator will apply power to load lines slowly.
	 
	 	•	 	The operator will receive signals from only one
signal person at a time. The operator will stop the hoist / lift if
there is confusion or uncertainty regarding the movement of the load or
crane.




 


 









 











	 	•	 	The lift supervisor will be responsible to ensure that proper
barricades are placed around the swing radius of cranes or other lifting
equipment.
	 
	 	•	 	Personnel operating cranes will be competent to
operate such equipment and must have current certification /
qualification card issued by the Crane and Equipment Safety Manager.
	 
	 	•	 	The operator will ensure that a fire
extinguisher is on the equipment with a rating of 10ABC or larger and
is readily accessible.
	 
	 	•	 	When handling or recharging batteries or
using jumper cables, wear a face shield.






Starting Procedures




The starting procedure is as follows:




a) Prior to start-up, make a walk-around inspection to check the condition of
the machine and see that everyone is in the clear.




b) Check the engine oil and coolant prior to the initial start-up each shift.




c) Before working machine, allow sufficient time for a warm-up period after
engine is started.




d) Prior to attempting to work the machine, the operator should thoroughly
familiarize himself with all controls.




e) All controls should be tested by the operator at the start of a new shift.
If controls do not operated properly, they will be adjusted or repaired
before working the machine. Check wheel brakes before moving machine.




Lifting Consideration and Requirements:




	 	•	 	A signal person must guide and direct the movement of the rig.

	 
	 	•	 	
Close cooperation between the operator and signal person must be
exercised. The operator will not make any move unless signals are
clearly understood.
	 
	 	•	 	Sudden starts and stops are to be avoided.
	 
	 	•	 	Swing speed must be controlled so that the load does not swing
out beyond the radius at which it can safely be handled.
	 
	 	•	 	The operator will avoid hoisting and carrying loads over
personnel.




 


 









 






	 	•	 	The bottom tip should always be positioned directly above the
load being hoisted. A crane boom should never be used for
dragging loads sideways.
	 
	 	•	 	The load should never be allowed to strike the boom, outriggers or
crane body, and the boom should never strike a structure. If a
boom strikes any object, the crane must be remove crane from
service for re-inspection.
	 
	 	•	 	The weight of the hook, spreader bar, load block and other
material to be lifted must be included when calculating the total
weight of a load.
	 
	 	•	 	All personnel will stand clear of all lines under strain.
	 
	 	•	 	All personnel should stand clear of the bight of a line (i.e., where
the line makes a loop or a turn over a sheave or block).
	 
	 	•	 	All rigging hardware is to be used per the manufacturer’s
instructions, applicable standards and good practice. Hardware
should never be loaded beyond its safe working load.
	 
	 	•	 	In the event of a possible failure where the crane could potentially
contact an electrical energy source, the lift operator shall ensure
the crane is grounded through the superstructure.
	 
	 	•	 	Rated capacities, special warnings and instructions will be legibly
posted on all equipment so they are visible by the operator.
	 
	 	•	 	Tag lines will be used when lifting materials with any cranes or
other lifting device.
	 
	 	•	 	A rope sling will never be used on material contaminated with
caustic or acids.
	 
	 	•	 	The use of barricade rope as a hand line is prohibited.
	 
	 	•	 	A bar should be used to guide cable or line onto a drum of a hoist. The employee’s hands or feet should never be used as a cable
guide.
	 
	 	•	 	Pads or mats will always be used under outriggers when setting up
a crane on unstable ground or in areas where the strength of the
slab/roadway is not known (The operator will be responsible for
this action).
	 
	 	•	 	Weather conditions and lightning potential must always be
considered before handling a load. During heavy rain and
especially during lightening, stop work and find shelter.
	 
	 	•	 	Boatswain chair lifts with a crane are prohibited.







 


 











 




Crane Requirements




	 	•	 	Load lines will be capable of supporting, without failure, at least seven- (7)
times maximum intended load. Anti-rotation rope will be capable of supporting
ten — (10) times the maximum intended load.








	 	•	 	Load and boom hoist brakes, swing brakes, and locking devices will be
engaged when man basket is in a stationary working position.






	 	•	 	The load line hoist drum will have controlled load lowering.
Free-fall is prohibited.






	 	•	 	The crane will be uniformly level, within one percent (1%) level grade
on firm footing; and outriggers with pads shall be used, if not crawler crane.






	 	•	 	Total weight of the loaded platform and rigging will not exceed 50% of
the rated capacity for the radius and configuration of the crane.






	 	•	 	Cranes will be equipped with and have in good working order the
following:






Boom angle indicator, Boom length indicator (for telescoping booms), Swivel hook
to prevent load spinning Power up / down lever to remain functional for any
system failure.




	 	•	 	Cranes having a live boom will not be used.






Man Basket Requirements




	 	•	 	A qualified engineer with a Professional Engineer (PE) stamp competent in
structural design will endorse and will design the man basket and suspension system.






	 	•	 	Welded by approved welder and welding inspection report required with
submission.






	 	•	 	Man basket will be properly hung so that it will not turn or overturn
while personnel are in inside.






	 	•	 	The personnel platform will have a safety factor of five (5) of its
intended capacity.






	 	•	 	A minimum of six (6) feet of headroom will be provided
where required.






	 	•	 	Each platform must have a perimeter protection up from the floor
forty-three (43) inches — (1100mm) minimum, which will be of solid construction of
expanded metal with no greater than one-half inch (1/2) — 12.7mm
openings.
	 
	 	•	 	A grab rail will be provided inside the platform.






	 	•	 	If a gate is provided, it will swing inward and will be equipped with
a device to prevent accidental opening.






	 	•	 	Overhead protection must be provided when workers may be exposed to
falling objects.
	 
	 	•	 	Signs will be permanently affixed to the man basket displaying:






Identification number, Safe Work Load, Maximum occupancy, Basket weight


 


 









 






	 	•	 	Regulatory requirements where more stringent will supersede and apply.






Use of Man Baskets




	 	•	 	Only workers performing the work task will occupy the man basket; 2x
men maximum.






	 	•	 	Man basket will be used only to lift workers and their tools and
material to do the job. All work materials well be secured and distributed evenly
in the man basket.






	 	•	 	No additional load will be lifted with the crane while man
baskets are in use.






	 	•	 	When a wire rope bridle is used to connect the man basket to the load
line, the bridle legs will be connected to a single ring or shackle. Bridles used
as a connection for the personnel platform must not be used for any other purpose.






	 	•	 	Hook throat openings will be closed and locked. “Mousing” (using wire
rope to close the hook opening) is not permitted.






	 	•	 	All rigging will have a minimum safety factor of seven (7) of the
intended load.






	 	•	 	All eyes in wire rope must be fabricated with thimbles.






Testing and Inspecting




	 	•	 	A trial lift with the unoccupied man basket will be made by the
crane operator for each new work location and a new permit issued for the
beginning of each shift to ensure that all controls and safety devices are
functioning properly.






	 	•	 	A new work location is any new lift where the radius has
changed or additional weight is required or physical movement of the crane
location.






	 	•	 	Prior to hoisting workers for the first time at each new set up
location, the crane operator will make a full cycle test of the man basket by
lifting the unoccupied man basket loaded to 125% of the posted rated capacity.






Safe Work Practices




	 	•	 	Lifting and lowering of the man basket will be performed in a
slow and controlled manner with no sudden moves.






	 	•	 	Workers will keep all parts of their body inside the man basket
during raising, lowering, and positioning.






	 	•	 	Traveling the crane will be prohibited while the man basket is
occupied.










 


 









 











	 	•	 	The crane operator will remain at the controls while the man basket is
occupied.






	 	•	 	The use of the man baskets shall be prohibited
upon indication of any dangerous weather conditions.






	 	•	 	Workers being hoisted shall remain in continuous
sight of or continuous communication with the operator or signal person.






	 	•	 	Workers occupying the man basket must wear a safety
harness with lanyard connected above the load block or fall ball.






	 	•	 	No lifts shall be made on another of the crane load
lines while personnel are suspended in a man basket.






	 	•	 	A pre-lift meeting prior to hoisting at each new
location, shall be held between the crane operator, persons to be lifted,
Crane and Equipment Manager or his designee, to assure the safeguards
mentioned in this procedure are followed and there is clear understanding
of each person’s job scope and requirements.






Appointment and Duties of Specific Personnel




The following information outlines the roles and responsibilities of personnel involved
in man basket work activity:




Crane Operator: This position requires a minimum of five (5) years of crane
operation experience, with all certifications current and documented. The ultimate role of
this person is to safely execute the lift in a controlled and safe manner as directed by
signalman.




Man Basket Review / Approval Package




The Crane and Equipment Manager or his designee will use the Man Basket Checklist with a
separate sign-off document to be completed for all work involving a man basket.



Critical Lift Form





A Critical Lift Form will be utilized on crane lifts involving; “Tandems or lifts over the
manufacturers assigned load chart / radius” which are considered critical lifts, will not be
allowed or planned without additional procedures in place.




Completion of the Critical Lift Forms is the responsibility Crane and Equipment Safety
Manager or his designee.


 


 









 





Aerial Lifts, Vehicle-Mounted Work Platforms





The following information outlines basic requirements for safe operation and protection
of personnel engaged in aerial lifts and vehicle-mounted work platforms usage.




The Contractor will employ personnel that are competent and comply with the following general
requirements list below:




	 	•	 	Controls will be clearly marked as to their function.






	 	•	 	The design and operation of all movable personnel hoists will be in
accordance with the manufacturer’s recommended procedures for safe operation.






	 	•	 	All personnel who operate aerial work platforms will be trained and
certified in the safe operating procedures, using the manufacturer’s operator
book.






	 	•	 	The operator will have, a certificate issued by an authorized
Yates/Paric trainer. Verification of training may be accomplished by contacting
the Safety Training Manage.






	 	•	 	The movable personnel hoist is to be inspected for proper mechanical
condition and is not to be used for lifting personnel unless in proper working
order.






	 	•	 	All outriggers must be extended and firmly set before personnel
are elevated.






	 	•	 	While traveling, the basket must always follow behind the boom and
must always be in a down position.






	 	•	 	Never position steps, ladders, or similar items on platforms to
provide additional reach.






	 	•	 	Never lift any materials with the hoist. It is designed to lift
workmen and their tools safely.






	 	•	 	If any questionable situation arises as to the capabilities or
use of a movable personnel hoist, the Safety Department or manufacturer’s
representative is to be consulted prior to use.






	 	•	 	All mechanical, hydraulic, and structural parts and systems of the
lift will be inspected before each use. Any defects will be corrected before use.
	 
	 	•	 	Know equipment’s capacity and operate within it.






J.L.G. Type Work Platform




	 	•	 	Two 10-lb ABC fire extinguishers will be maintained on each J.L.G.,
one in the main basket, one on the machine base on the ground.






	 	•	 	The counterweight swing radius is to be barricaded any time the
equipment is in operation. Area directly underneath overhead work should also be
barricaded.





	 	•	 	Lift will be operated only from level ground with wheels choked unless controls are
located in basket of equipment.






	 	•	 	Steering wheels will not be turned on concrete floors, unless lift is in motion.




 


 









 







	 	•	 	Safety harnesses will be worn in basket with lanyards secured to bar provided.






	 	•	 	Gate on basket will be kept closed and locked at all times when in use.
	 
	 	•	 	No material will be lifted with J.L.G. lift.
	 
	 	•	 	Fuel, motor oil, and hydraulic oil will be checked before each shift.






	 	•	 	Lift will not be used for any purpose other than to provide a mobile scaffold for
workers.






	 	•	 	Machine platforms will be kept a minimum of 10 feet from electrical power lines.






	 	•	 	Personnel cannot stand on handrails for purposes of work. They must remain inside
the basket.





Scissors Lift Type Work Platform




	 	•	 	A 10-lb ABC fire extinguisher will be mounted and maintained on the inside of the
work platform.






	 	•	 	When platform is raised for maintenance of rig; or before working under the
platform, the platform will be positively blocked up to prevent the platform from
falling.






	 	•	 	Lower platform fully at end of work operation, and never climb up to extended
platform.





Material Hoists




	 	•	 	The erection and operation of hoists must conform to established standards.






	 	•	 	The maximum allowable distance between the floor of the lifting car and the
landing platform is six inches.






	 	•	 	A sign stating “No Riders Allowed” must be posted on the car frame. Employees are
prohibited from riding material hoists except for authorized purposes of inspection and
maintenance.






	 	•	 	Material hoists will not be operated near ladders, passageways, etc.




 


 









 










Dead Man Control Switch




	 	•	 	The Dead Man Control Switch must be operable by the person operating the
equipment and not wired in the “on or open” position.






	 	•	 	Equipment will not operate closer than 20 feet to and energized power lines
rated at 50 KV or less unless the aerial device is insulated for the work, and
personnel for such operations perform the work.






	 	•	 	Engine must be able to be started from the controls in the basket
as well as from controls on the engine compartment.






	 	•	 	A copy of the operator’s manual must be available and read by each
operator, before use.






	 	•	 	No employee will be permitted to use or operate lifts or platforms
unless he/she has been instructed, trained and certified by a competent person in
the use and operation of such equipment.






	 	•	 	Equipment will not be moved when the boom is elevated in a working
position with employees in the basket or on an elevated platform. Manufacturer’s
specifications and limitations will be observed.






	 	•	 	No employee will sit or climb on the guardrail of the basket, with
the lanyard being attached to the boom or basket.






	 	•	 	Employees who tamper with controls and/or bypass safety devices,
such as dead-man switches, etc. may be terminated.






Inspection and Operator Test




The operator’s level of competency in crane operation, safety procedures, and requirements
for lifting equipment will be determined through competency and physical testing. The
competency test will be administered prior to employment and the physical test as part of
initial training.




Inspections:




All lift equipment/machinery will be inspected periodically.




Forklift Operations and Practices




The following sections contained the basic instructions for the safe operation of powered
industrial trucks (forklifts) and for the protection of the personnel working on and around
them.



A Forklift, or fork truck, and motorized hand trucks and other specialized industrial trucks
powered by electric motors or internal combustion engines that are used in the handling or
moving of equipment.



 


 









 








Operator Qualifications, Training and Certification Requirements




	 	•	 	Lift truck operators should be physically qualified as follows:






	 	•	 	No physical or mental condition that would jeopardize the safe
operation of the truck (dizzy spells, medication, bad back, etc.).






	 	•	 	Good vision — at least 20/40, corrected if necessary; depth
perception at least 90 percent of normal.
	 
	 	•	 	Normal hearing, preferably without need of a hearing aid.
	 
	 	•	 	Normal reflexes and reaction time.
	 
	 	•	 	Ability to understand and read instructions, signs, etc. in English/Spanish.






	 	•	 	Only trained and authorized operators will be permitted to operate an industrial
power truck (forklift). Those authorized employees will demonstrate their ability to
operate the forklift and an employee qualification will be issued.






	 	•	 	Upon successfully completing training requirements established by Crane and
Equipment Safety Manager, a record will be established and the matrix of these record will
be maintained by the Safety Training Manager.






	 	•	 	The certification will be issued for the forklift on which the operator is
trained and should be renewed yearly by training operations rules, the manufacturer’s
operation’s manual, and by passing a manipulative test.
	 
	 	•	 	The person must successfully pass an operational skills test on the forklift.
	 
	 	•	 	The person qualified must read and understand the manufacturer’s operator’s
manual.






Work Practices




Powered Industrial Trucks (PIT)

Rough Terrain Fork Lifts




General Operating Requirements:




	 	•	 	P.I.T.’s will be equipped with a 5-lb ABC rated dry chemical type fire
extinguisher, within reach of the operator.
	 
	 	•	 	P.I.T.’s will be equipped at all times with approved overhead protection,
in addition to roll over protection.
	 
	 	•	 	Where possible, P.I.T.’s will be kept off of public roads.
	 
	 	•	 	P.I.T.’s will not be operated on public roads during hours of darkness.
	 
	 	•	 	P.I.T.’s must never exceed 10mph on project.




 


 









 






	 	•	 	P.I.T.’s will be equipped with back-up alarms and/or a single amber flashing or revolving warning light.






	 	•	 	P.I.T.’s will be equipped with a 10-inch convex rear view mirror on the blind side of the machine.






	 	•	 	Forklifts will not be used as an elevator for employees unless equipped with a
personnel lift platform designed and approved by the forklift manufacturer and used
according to the OSHA standard.
	 
	 	•	 	Seat belts will be worn by operator.






	 	•	 	No person will be allowed to stand or pass under the elevated portion of any
truck, whether loaded or empty.






	 	•	 	No personnel will be permitted to ride on industrial power trucks or the load.






	 	•	 	The operator will not allow arms or legs to be placed between the uprights of the
mast or outside the running lines of the truck at any time while in operations.






	 	•	 	When an industrial power truck is unattended, load-engaging means will be fully
lowered, controls will be neutralized, power will be shut off and brakes will be set.
Wheels will be blocked if the truck is parked on an incline.






	 	•	 	A safe distance will be maintained from the edge of ramps or platforms while on
any elevated dock, or platform. Trucks will not be used for opening or closing freight
doors.






	 	•	 	Brakes will be set and wheel blocks will be in place to prevent movement of
trucks, trailers while loading and unloading. Fixed jacks are necessary to support a
semi-trailer during loading or unloading when the trailer is not
coupled to a tractor.
	 
	 	•	 	The flooring of trucks and trailers will be checked for breaks and weakness
before they are driven on or across by the forklift.






	 	•	 	There will be sufficient headroom under overhead installations, lights, pipes,
sprinkler system, etc.
	 
	 	•	 	An overhead guard will be used to protect against falling objects.
	 
	 	•	 	Fire aisles, access to stairways and fire equipment will be kept clear.






Note: It should be noted that an overhead guard is intended to offer

protection from the impact of small packages, boxes, bagged material, etc.,
representative of the job application; but not to withstand the impact of a falling
capacity load.




 


 









 











General Operations




	 	•	 	Safeguard the pedestrians at all times. Do not drive a truck up to anyone
standing in front of a bench or other fixed object.






	 	•	 	Do not allow anyone to stand or pass under the elevated portion of any truck,
whether loaded or empty.





	 	•	 	Unauthorized personnel will not be permitted to ride on powered industrial trucks. A
safe place to ride will be provided where riding of trucks is authorized.






	 	•	 	Do not put arms or legs between the uprights of the mast or outside the running
lines of the truck.






	 	•	 	When leaving a powered industrial truck unattended, load engaging means will be
fully lowered, controls will be neutralized, power shut off, brakes set, key or
connector plug removed. Block wheels if truck is parked on an incline.






	 	•	 	Maintain a safe distance from the edge of ramps or platforms and do not, while on
any elevated dock or platform, push freight cars. Do not use trucks for opening or
closing freight doors.






	 	•	 	Be sure of sufficient headroom under overhead installations, lights, pipes,
sprinkler systems, etc.






	 	•	 	Use a load backrest extension whenever necessary to minimize the possibility of
the load or part of it from falling rearward.






	 	•	 	Report all accidents involving personnel, building structures and equipment
to the site superintendent immediately.






	 	•	 	Personnel will not use lift trucks for elevated work platforms.






Vehicle Requirements




All vehicles of any type entering the site will have the following:




	 	•	 	Fully licensed and approved under regulatory requirements.
	 
	 	•	 	Operator shall have appropriate license for vehicle type.
	 
	 	•	 	Vehicle and personal insurance.
	 
	 	•	 	Vehicles unlicensed for public roads are not allowed within
the site.
	 
	 	•	 	Vehicles used for the transporting of material will have a “back-up alarm”
wired into the vehicle reverse gear. Back-up alarm will be fully audible for (20)
feet.







 


 









 





Vehicle Practices




The following practices inside and outside the site are required:




	 	•	 	When operated offsite all vehicles will be maintained and driven according
to traffic laws and regulations.
	 
	 	•	 	Inside the site speed limit is maximum (15/mph).
	 
	 	•	 	Vehicle backing-up with areas blind to the operator will require a
signal-man.
	 
	 	•	 	Vehicles will never block a road way at any time.
	 
	 	•	 	Vehicle keys should remain inside vehicle at all times.
	 
	 	•	 	Vehicle operator will not leave vehicle running and unattended.





	 	•	 	Vehicle may be required to be parked in designated parking spaces.
	 
	 	•	 	During any emergencies or alarms all vehicle will pull to the
side of the road — turn-off engine and personnel will walk to designated
assembly point.






q. Concrete and Masonry Construction




Construction loads must not be placed on a concrete structure or portion of a concrete
structure unless it has been determined based on information received from a person who is
qualified in structural design, that the structure or portion of the structure is capable of
supporting the intended loads.




All protruding reinforcing steel, onto and into which employees could fall, must be guarded
to eliminate the hazard of impalement.




Employees (except those essential to the post-tensioning operations) must not be permitted to
be behind the jack during tensioning operations. Signs and barriers must be erected to limit
employee access to the post -tensioning area during tensioning operations.




Employees will not be permitted to ride concrete buckets. Employees will not be permitted to
work under concrete buckets while the buckets are being elevated or lowered into position. To
the extent practicable, elevated concrete buckets must be routed so that no employee or the
fewest employees possible are exposed to the hazards associated with falling concrete
buckets.




r. Steel Erection




PURPOSE




This plan sets forth requirements to protect employees from the hazards associated with steel
erection activities involved in the construction, alteration, and/or repair of single and
multi-story buildings, bridges, and other structures where steel erection occurs. The requirements
of this plan apply to employers engaged in steel erection unless otherwise specified. This plan
does not cover electrical transmission towers, communication and broadcast towers, or tanks.




Note: Examples of structures where steel erection may occur include but are not limited to the
following: Single and multi-story buildings; systems-engineered metal buildings; lift slab/tilt-up
structures; energy exploration structures; energy production, transfer and storage structures and
facilities; auditoriums; malls; amphitheaters; stadiums; power plants; mills; chemical process
structures; bridges; trestles;




 


 









 








STEEL ERECTION ACTIVITIES




	 	1.	 	Steel erection activities include hoisting, laying out, placing,
connecting, welding, burning, guying, bracing, bolting, plumbing and rigging
structural steel, steel joists and metal buildings; installing metal decking, curtain
walls, window walls, siding systems, miscellaneous metals, ornamental iron and
similar materials; and moving point-to-point while performing these activities.






	 	2.	 	The following activities are covered by this plan when they occur during
and are a part of steel erection activities: rigging, hoisting, laying out, placing,
connecting, guying, bracing, dismantling, burning, welding, bolting, grinding,
sealing, caulking, and all related activities for construction, alteration and/or
repair of materials and assemblies such as structural steel; ferrous metals and
alloys; non-ferrous metals and alloys; glass; plastics and synthetic composite
materials; structural metal framing and related bracing and assemblies; anchoring
devices; structural cabling; cable stays; permanent and temporary bents and towers;
false work for temporary supports of permanent steel members; stone and other
non-precast concrete architectural materials mounted on steel frames; safety systems
for steel erection; steel and metal joists; metal decking and raceway systems and
accessories; metal roofing and accessories; metal siding; bridge flooring; cold
formed steel framing; elevator beams; grillage; shelf racks; multi-purpose supports;
crane rails and accessories; miscellaneous, architectural and ornamental metals and
metal work; ladders; railings; handrails; fences and gates; gratings; trench covers;
floor plates; castings; sheet metal fabrications; metal panels and panel wall
systems; louvers; column covers; enclosures and pockets; stairs; perforated metals;
ornamental iron work, expansion control including bridge expansion joint assemblies;
slide bearings; hydraulic structures; fascias; soffit panels; penthouse enclosures;
skylights; joint fillers; gaskets; sealants and seals; doors; windows; hardware;
detention/security equipment and doors, windows and hardware; conveying systems;
building specialties; building equipment; machinery and plant equipment, furnishings
and special construction.






CONTROLLING CONTRACTOR




The duties of controlling contractors under this shall include, but are not limited to, the
duties specified in OSHA 1926.752 (a) and (c), 1926.755(b)(2), 1926.759(b), and 1926.760(e).




Definitions




Anchored bridging — means that the steel joist bridging is connected to a bridging
terminus point.



Bolted diagonal bridging — means diagonal bridging that is bolted to a steel joist or joists.




Bridging clip — means a device that is attached to the steel joist to allow the bolting of the
bridging to the steel joist.




 


 









 









Bridging terminus — point means a wall, a beam, tandem joists (with all bridging installed and a
horizontal truss in the plane of the top chord) or other element at an end or intermediate point(s)
of a line of bridging that provides an anchor point for the steel joist bridging.




Choker — means a wire rope or synthetic fiber rigging assembly that is used to attach a load to a
hoisting device.




Cold forming — means the process of using press brakes, rolls, or other methods to shape steel into
desired cross sections at room temperature.




Column — means a load-carrying vertical member that is part of the primary skeletal framing
system. Columns do not include posts.




Competent person — (also defined in OSHA 1926.32) means one who is capable of identifying existing
and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous,
or dangerous to employees, and who has authorization to take prompt corrective measures to
eliminate them.




Connector — means an employee who, working with hoisting equipment, is placing and connecting
structural members and/or components.




Constructability — means the ability to erect structural steel members in accordance with subpart R
without having to alter the over-all structural design.




Construction load (for joist erection) — means any load other than the weight of the employee(s),
the joists and the bridging bundle.




Controlled Decking Zone — (CDZ) means an area in which certain work (for example, initial
installation and placement of metal decking) may take place without the use of guardrail systems,
personal fall arrest systems, fall restraint systems, or safety net systems and where access to the
zone is controlled.




Controlled load lowering — means lowering a load by means of a mechanical hoist drum device that
allows a hoisted load to be lowered with maximum control using the gear train or hydraulic
components of the hoist mechanism. Controlled load lowering requires the use of the hoist drive
motor, rather than the load hoist brake, to lower the load.


 


 









 






Controlling contractor — means a prime contractor, general contractor, construction manager or any
other legal entity which has the overall responsibility for the construction of the project — its
planning, quality and completion.




Critical lift — means a lift that (1) exceeds 75 percent of the rated capacity of the crane or
derrick, or (2) requires the use of more than one crane or derrick.




Decking hole — means a gap or void more than 2 inches in its least dimension and less than 12
inches in its greatest dimension in a floor, roof or other

walking/working surface. Pre-engineered holes in cellular decking (for wires, cables, etc.) are not
included in this definition.




Derrick floor — means an elevated floor of a building or structure that has been designated to
receive hoisted pieces of steel prior to final placement.




Double connection — means an attachment method where the connection point is intended for two
pieces of steel which share common bolts on either side of a central piece.




Double connection seat — means a structural attachment that, during the installation of a double
connection, supports the first member while the second member is connected.




Erection bridging means — the bolted diagonal bridging that is required to be installed prior to
releasing the hoisting cables from the steel joists.




Fall restraint system — means a fall protection system that prevents the user from falling any
distance. The system is comprised of either a body belt or body harness, along with an anchorage,
connectors and other necessary equipment. The other components typically include a lanyard, and may
also include a lifeline and other devices.




Final interior perimeter — means the perimeter of a large permanent open space within a building
such as an atrium or courtyard. This does not include openings for stairways, elevator shafts,
etc.




Girt (in systems-engineered metal buildings) — means a “Z” or “C” shaped member formed from
sheet steel spanning between primary framing and supporting wall material.




Headache ball — means a weighted hook that is used to attach loads to the hoist load line of the
crane.




Hoisting equipment — means commercially manufactured lifting equipment designed to lift and
position a load of known weight to a location at some known elevation and horizontal distance from
the equipment’s center of rotation. “Hoisting equipment” includes but is not limited to cranes, derricks, tower cranes, barge-mounted
derricks or cranes, gin poles and gantry hoist systems. A
“come-a-long” (a mechanical device,
usually consisting of a chain or cable attached at each end, that is used to facilitate movement of
materials through leverage) is not considered “hoisting equipment.”


 


 









 







Leading edge — means the unprotected side and edge of a floor, roof, or formwork for a floor or
other walking/working surface (such as deck) which changes location as additional floor, roof,
decking or formwork sections are placed, formed or constructed.




Metal decking — means a commercially manufactured, structural grade, cold rolled metal panel formed
into a series of parallel ribs; for this subpart, this includes metal floor and roof decks,
standing seam metal roofs, other metal roof systems and other products such as bar gratings,
checker plate, expanded metal panels, and similar products. After installation and proper
fastening, these decking materials serve a combination of functions including, but not limited to:
a structural element designed in combination with the structure to resist, distribute and transfer
loads, stiffen the structure and provide a diaphragm action; a walking/working surface; a form for
concrete slabs; a support for roofing systems; and a finished floor or roof.




Multiple lift rigging — means a rigging assembly manufactured by wire rope

rigging suppliers that facilitates the attachment of up to five independent loads to the hoist
rigging of a crane.




Opening — means a gap or void 12 inches or more in its least dimension in a floor, roof or other
walking/working surface. For the purposes of this plan, skylights and smoke domes that do not meet
the strength requirements of OSHA 1926.754(e)(3) shall be regarded as openings.




Permanent floor — means a structurally completed floor at any level or elevation (including slab on
grade).




Personal fall arrest system — means a system used to arrest an employee in a fall from a working
level. A personal fall arrest system consists of an anchorage, connectors, and a body harness and
may include a lanyard, deceleration device, lifeline, or suitable combination of these. The use of
a body belt for fall arrest is prohibited.




Positioning device — system means a body belt or body harness rigged to allow an employee to be
supported on an elevated, vertical surface, such as a wall or column and work with both hands free
while leaning.




Post — means a structural member with a longitudinal axis that is essentially vertical, that: (1)
weighs 300 pounds or less and is axially loaded (a load presses
down on the top end), or (2) is not axially loaded, but is laterally restrained by the above
member. Posts typically support stair landings, wall framing, mezzanines and other substructures.


 


 









 







Project structural engineer of record — means the registered, licensed professional responsible for
the design of structural steel framing and whose seal appears on the structural contract documents.




Purlin (in systems-engineered metal buildings) — means a “Z” or “C” shaped member formed from sheet
steel spanning between primary framing and supporting roof material.




Qualified person — (also defined in OSHA 1926.32) means one who, by possession of a recognized
degree, certificate, or professional standing, or who by extensive knowledge, training, and
experience, has successfully demonstrated the ability to solve or resolve problems relating to the
subject matter, the work, or the project.




Safety deck attachment — means an initial attachment that is used to secure an initially placed
sheet of decking to keep proper alignment and bearing with structural support members.




Shear connector — means headed steel studs, steel bars, steel lugs, and similar devices which
are attached to a structural member for the purpose of achieving composite action with concrete.




Steel erection — means the construction, alteration or repair of steel buildings, bridges and other
structures, including the installation of metal decking and all planking used during the process of
erection.




Steel joist — means an open web, secondary load-carrying member of 144 feet or less, designed by
the manufacturer, used for the support of floors and roofs. This does not include structural steel
trusses or cold-formed joists.




Steel joist girder — means an open web, primary load-carrying member, designed by the manufacturer,
used for the support of floors and roofs. This does not include structural steel trusses.




Steel truss — means an open web member designed of structural steel components by the project
structural engineer of record. For the purposes of this plan, a steel truss is considered
equivalent to a solid web structural member.




Structural steel — means a steel member, or a member made of a substitute material (such as, but
not limited to, fiberglass, aluminum or composite members). These members include, but are not
limited to, steel joists, joist girders, purlins, columns, beams, trusses, splices, seats, metal
decking, girts, and
all bridging, and cold formed metal framing which is integrated with the structural steel
framing of a building.


 


 









 






Systems-engineered metal building — means a metal, field-assembled building system consisting
of framing, roof and wall coverings. Typically, many of these components are cold-formed
shapes. These individual parts are fabricated in one or more manufacturing facilities and
shipped to the job site for assembly into the final structure. The engineering design of the
system is normally the responsibility of the systems-engineered metal building manufacturer.




Tank — means a container for holding gases, liquids or solids.




Unprotected sides and edges — means any side or edge (except at entrances to points of
access) of a walking/working surface, for example a, floor, roof, ramp or runway, where there
is no wall or guardrail system at least 39 inches high.




s. Excavation




This procedure applies to all open excavations made in the earth’s surface, which includes
trenches.




A trench is referred to as a narrow excavation made below the surface of the ground
in which the depth is greater than the width-the width not exceeding 15 feet. An excavation
is any man-made cut, cavity, trench, or depression in the earth’s surface formed by earth
removal. This can include excavations for anything from cellars to highways. Be sure to check
permit requirements, if applicable, before starting any work.




Planning
for Safety




Before any excavation actually begins, the estimated location of utility installations, such
as sewer, telephone, fuel, electric, water lines, or any other underground installations,
that would normally be expected to be encountered, shall be determined. Utility companies or
owners will be contacted within established or customary local response times, advised of the
proposed work, and asked to establish the location of the underground installations. When
utility companies or owners cannot respond within 24 hours (unless a longer period is
required by state or local law) or cannot establish exact locations the employer may proceed
with caution provided detection equipment or other acceptable means of locating the
installations are used. While excavations are open, underground installations will be
protected, supported, or removed as necessary to safeguard employees.




No matter how many trenching, shoring and backfilling jobs have been done in the past, each
job should be approached with the utmost care and preparation.


 


 









 






On-the-Job Evaluation




Yates/Paric policy requires that a competent person inspect, on a daily basis, excavations and the
adjacent areas for possible cave-ins, failures of protective systems and equipment, hazardous
atmosphere, or other hazardous conditions. If any of these conditions are encountered, exposed
employees must be removed from the hazardous area until the necessary safety precautions have been
taken. Inspections are also required after natural (e.g., heavy rains) or man-made events such as
blasting that may increase the potential for hazards.




Support Systems




Yates/Paric policy requires that in all excavations employees exposed to potential cave-ins be
protected by sloping or benching the sides of the excavation; supporting the sides of the
excavation or placing a shield between the side of the excavation and the work area.




Yates/Paric procedure provides several different methods and approaches for designing
protective systems that can be used to provide the required level of protection against
cave-ins.




One method of ensuring the safety and health of workers in an excavation is to slope the sides to
an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the
horizontal). These slopes must be excavated to form configurations that are in accordance with
those for Type C soil found in Appendix B to subpart P of the standard. A slope of this gradation
or less is considered safe for any type of soil. All simple slope excavations 20 feet or less in
depth shall have a maximum allowable slope of 11/2:1.




A second design method, which can be applied for both sloping and shoring, involves using tabulated
data, such as tables and charts, approved by a registered professional engineer. This data must be
in writing and must include sufficient explanatory information to enable the user to make a
selection, including the criteria for determining the selection and the limits on the use of the
data.




At least one copy of the information, including the identity of the registered professional
engineer who approved the data, must be kept at the worksite during construction of the protective
system. Upon completion of the system, the data may be stored away from the job site, but a copy
must be made available, upon request, to the Assistant Secretary of Labor for OSHA.




A trench box or shield may also be used that is either designed or approved by a registered
professional engineer or is based on tabulated data prepared or approved by a registered
professional engineer. Timber, aluminum, or other suitable materials may also be used. OSHA
standards permit the use of a trench shield (also known as a welder’s hut) as long as the
protection it provides is equal to or greater than the protection that would be provided by the
appropriate shoring system.




The procedure does not require the installation and use of a protective system when an
excavation (1) is made entirely in stable rock, or (2) is less than 4 feet
deep and a competent person has examined the ground and found no indication of a potential
cave-in.


 


 









 






Safety Precautions




Employees must be provided with support systems such as shoring, bracing, or underpinning to ensure
the stability of adjacent structures such as buildings, walls, sidewalks or pavements.




Excavations are prohibited below the level of the base or footing of any foundation or retaining
wall unless (1) a support system such as underpinning is provided, (2) the excavation is in stable
rock, or (3) a registered professional engineer determines that the structure is sufficiently
removed from the excavation and that excavation will not pose a hazard to employees.




Excavations under sidewalks and pavements are also prohibited unless an appropriately designed
support system is provided or another effective method is used.




Installation and Removal of Protective Systems




The following procedures are for the protection of employees installing support systems:




	 	•	 	Securely connect members of support systems,
	 
	 	•	 	Safely install support systems,
	 
	 	•	 	Never overload members of support systems, and
	 
	 	•	 	Install other structural members to carry loads imposed on the support system when
temporary removal of individual members is necessary.






In addition, the procedure permits excavation of 2 feet or less below the bottom of the members of
a support or shield system of a trench (1) if the system is designed to resist the forces
calculated for the full depth of the trench, and (2) there are no indications, while the trench is
open, of a possible cave-in below the bottom of the support system. Also, the installation of
support systems must be closely coordinated with the excavation of trenches.




As soon as work is completed, the excavation should be back-filled as the protective system is
dismantled. After the excavation has been cleared, workers should slowly remove the protective
system from the bottom up, taking care to release members slowly.




 


 









 






Falls and Equipment




In addition to cave-in hazards and secondary hazards related to cave-ins, there are other hazards
from which workers must be protected during excavation-related work. Additional hazards include
exposure to falls, falling loads, and mobile
equipment. To protect employees from these hazards, the following precautions will be taken:




	 	•	 	Keep materials or equipment that might fall or roll into an excavation
at least 2 feet from the edge of excavations, or have retaining devices, or both.






	 	•	 	Provide scaling to remove loose rock or soil or install protective barricades
and other equivalent protection to protect employees against falling rock, soil, or
materials.






	 	•	 	Prohibit employees from working on faces of sloped or benched excavations at
levels above other employees unless employees at lower levels are adequately
protected from the hazard of falling, rolling, or sliding material or equipment.






	 	•	 	Prohibit employees under loads that are handled by lifting or digging equipment.
To avoid being struck by any spillage or falling materials, require employees to stand
away from vehicles being loaded or unloaded.






Water Accumulation




Employees are prohibited from working in excavations where water has accumulated or is accumulating
unless adequate protection has been taken. If water removal equipment is used to control or prevent
water from accumulating, a competent person to ensure proper use must monitor the equipment and
operations of the equipment.




Diversion ditches, dikes, or other suitable means must be used to prevent surface water from
entering an excavation and to provide adequate drainage of the area adjacent to the excavation.
Also, a competent person must inspect excavations subject to runoffs from heavy rains.




Hazardous Atmospheres




Where adverse atmospheric conditions may exist or develop in an excavation, the employer also must
provide and ensure that emergency rescue equipment, (e.g., breathing apparatus, a safety harness
and lifeline, basket stretcher, etc.) is readily available.




When an employee enters bell-bottom pier holes and similar deep and confined footing excavations,
the employee must wear a harness with a lifeline. The lifeline must be securely attached to the
harness and must be separate from any line used to handle materials. Also, while the employee
wearing the lifeline is in the excavation, an observer must be present to ensure that the lifeline
is working properly and to maintain communication with the employee.



 


 









 






Access and Egress




Employees must be provided with safe access and egress to and from all excavations. When employees
are required to be in trench excavations 4-feet deep or more, adequate means of exit, such as
ladders, steps, ramps or other safe means of egress, must be provided and be within 25 feet of
lateral travel. If structural ramps are used, a competent person if used for employee access or
egress must design them, or a competent person qualified in structural design if used by vehicles.
Also, structural members used for ramps or runways must be uniform in thickness and joined in a
manner to prevent tripping displacement.




Walkways or Bridges




Walkways or bridges with standard guardrails must be provided where employees or equipment are
required or permitted to cross over excavations or trenches.




Barricading Trenches and Excavations




	 	1.	 	All open trenches and excavations will be barricaded to protect pedestrians and
vehicles.






	 	2.	 	When possible, the barricades will be set up prior to excavation so there will not be a
lag time between opening the excavation and erecting the barricade.






	 	3.	 	Excavations requiring wooden barricades constructed with 2” by 4” top rail at 39” to
45” in height and 2” by 4” mid-rail including 2” by 4” uprights no further apart than eight
feet are:






	 	a)	 	Any excavation to be open more than 36 hours.






	 	b)	 	Any excavation that cuts an accepted established walkway,
sidewalk, or aisle way.






	 	4.	 	Excavations requiring sawhorse-type barricades with flashing lights are:






Any excavation in or cutting an accepted established roadway or temporary roadway
where vehicles may travel.




	 	5.	 	All other excavations may be barricaded with pennant flagging or yellow and black
barrier tape.






t. Demolition




Not Applicable to this project.




u. Explosives




Not Applicable to this project.




 


 









 








v. Power Transmission




Objective:




The objective is to prevent accidents and/or injury to Yates/Paric personnel. Machines can produce
only if they are used correctly — and they are used correctly only when all guards and safeguards
are in place.




Guarding:




Whenever possible, manufacturer-built and installed guards are recommended over those “made on the
job”. Incorrectly designed or installed guards often pose a greater hazard.




Guards shall cover all moving parts in such a manner that no part of the human body can come into
contact with them. The only opening allowed for power transmission guards are those for
lubrication, adjustment, and inspection. These openings shall have hinges, sliding or bolted cover
plates that cannot be removed (except for service or adjustment). The openings must remain in the
closed position when not in use. Under no circumstances should a Yates/Paric employee perform work
on an energized piece of machinery.




The preferable material for guards under most circumstances is metal. It is not recommended to have
guards made of wood. Downfalls of wood guards include, lack of durability and strength, higher
maintenance costs, and flammability risks. It also poses a higher risk injury for Yates/Paric
employees.




Guarding material should be substantial enough to withstand internal as well as external impact.




Aside from strengthening machines, guarding also provides a method of noise control.




w. Confined Space Entry Program




Spaces meeting the OSHA definition of a permit required confined space will be properly
protected. Employees in these areas must be properly trained and qualified for Confined Space
Entry prior to entering the space.




Proper entries, exits, equipment, and tools will be inspected daily for possible faults and
defects. All confined space entry procedures will be presented to the Project Manager,
Superintendents, and Site Safety Professional for approval. Appropriate permits and PPE will
be required when the hazard warrants extra protection. When using respirators, the employee
must be properly fitted and certified through a qualified medical professional. OSHA
guidelines will be followed during this phase.




 


 









 








x. Ladder, Stairway and Ramp Safety




	 	1.	 	Broken or damaged ladders must not be used. Repair or destroy them immediately.
Ladders to be repaired must be tagged “Unsafe, Do Not Use.”
	 
	 	2.	 	Ladders will not be spliced together.
	 
	 	3.	 	Ladders should not be placed against movable objects.
	 
	 	4.	 	The areas around the top and base of ladders must be free of tripping hazards such
as loose materials, trash, and electric cords.
	 
	 	5.	 	To prevent ladders that project into passageways from being struck by personnel, moving
equipment, or materials being handled, barricades or guards must protect them.
	 
	 	6.	 	You must face the ladder at all times when ascending or descending. Three points of
contact must be maintained at all times.
	 
	 	7.	 	When ascending or descending a ladder, an employee will have hands free, grip the
sides or rungs with both hands, and face the ladder.
	 
	 	8.	 	Under no circumstances will an employee ascend or descend a ladder while carrying tools
or material in their hand. A hand line is recommended when hoisting or lowering tools and
materials.
	 
	 	9.	 	Be sure that shoes are free of mud, grease, or other substances that could cause a slip
or fall.
	 
	 	10.	 	The use of metal ladders is prohibited.
	 
	 	11.	 	Boxes, crates, chairs, or equipment should never be used as a substitute for ladders.
	 
	 	12.	 	Only one employee will work from a ladder at one time.
	 
	 	13.	 	A competent person will inspect ladders frequently and immediately repair or replace
ladders when found defective.
	 
	 	14.	 	Straight or extension ladders used for access to a floor or platform must extend a least
3 feet above the landing and must be secured.
	 
	 	15.	 	The feet of all ladders will be equipped with “safety shoes”
	 
	 	16.	 	Ladder feet will always be placed on a level, substantial base.




 


 









 






	 	17.	 	One employee must always hold the base of the ladder stationary whenever the
climber is ascending or descending an unsecured ladder. Ladders shall be tied off
at the top prior to starting work.






	 	18.	 	A ladder or any part of a ladder must not be used as a scaffold platform.






	 	19.	 	Extension ladders will be placed one foot out at the horizontal base for
four feet of vertical rise.






	 	20.	 	Extension ladders will not be separated in order to create “two” ladders.






	 	21.	 	If three points of contact cannot be accomplished and the working height is
6 foot or greater, then a full body harness, lanyard and the off point must be used.






y. Lockout Tagout Procedures




The purpose of the “Lockout/Tagout Policy” is to provide uniform guide lines to ensure that
machines or equipment are isolated from all potentially hazardous energy, and locked out and
tagged out before employees perform any servicing or maintenance activities where the
unexpected energizing, start-up or release of stored energy could cause injury.




All employees shall be instructed in safety significance of the lockout/tagout procedure
with the superintendent, foremen, or other competent person working directly with the
specific machine or equipment to be locked or tagged out taking the responsibility of
implementing the program.




Make a survey to locate and identify all isolating devices to be certain which switches or
other energy isolating devices apply to the equipment to be locked and tagged out. More than
one energy source may be involved.




	 	1.	 	The following procedures will be followed:
	 
	 	a.	 	Notify all affected employees that a lockout and tagout system is
going to be utilized and the reason for it. The authorized employee shall know the
type and magnitude of energy that the machine or equipment utilizes and shall
understand the hazards associated with it.
	 
	 	b.	 	If the machine or equipment is operating, shut it down by the normal
stopping procedure.
	 
	 	c.	 	Operate the switch or other isolating device so that the equipment is
isolated from its energy source or sources. Restrain any stored energy, such as
springs, elevated parts of machines, rotating members and air, gas, steam or
pressurized water by blocking, bleeding, repositioning or other effective means.




 


 









 





	 	d.	 	Lockout and tagout the energy isolating devices with assigned individual locks,
tags, or other additional safety measures. Lockout locks shall be keyed individually
to insure each lock’s integrity.
	 
	 	e.	 	After ensuring that no personnel are exposed, and as a check on
having disconnected the energy sources, operate the normal operating controls to
make certain the equipment will not operate. CAUTION — Return operating controls
to “Neutral” or “Off” position after the test. An individual familiar with the
start up of the equipment must do this test. Also, a qualified electrician must
use test equipment to ensure that electrical parts and circuit elements have been
de-energized.
	 
	 	f.	 	The equipment is now locked and tagged out.






All equipment shall be locked out and tagged out to protect against accidental or
inadvertent operation of equipment or contact with live electrical parts or
conductors when such operation or contact could cause injury to personnel. Do not
attempt to operate any switch, valve, or other energy-isolating device where it
is locked and tagged out. No person shall remove another lockout device or tag.
Any person who tampers with an energy source isolation device to which lockout
devices and tags are attached, or removes a lockout device or tag without
authorization will be subject to disciplinary action up to and including
immediate discharge. If a lockout device is inadvertently left on, every effort
must be made to locate the individual responsible and to have them remove the
device. If they have left the job site, a call must be made to their home to get
them to return. If this fails the on site Yates/Paric Superintendent will be
responsible for removal of the lockout device. Documentation of this incident
will be required to be kept on file at the job site. The individual responsible
for leaving the lockout device on will be notified of this action upon returning
to the jobsite. Disciplinary action may result.




z. Hazardous Communications Compliance, Hazardous Material Handling




Toxic and hazardous substances will be properly stored and labeled. All employees will be
required to attend Hazard Communication training on this project.




Every chemical used on this job site will be recorded and placed in the MSDS (Material Safety
Data Sheet) binder in safety trailer and a master list will be maintained. A competent person
is required to review these so proper attention may be given to personnel if the substance
makes contact with an employee. The substances will be properly listed in the safety office
for quick reference in case of an emergency.


 


 









 






All employees, along with their supervisor, will review the MSDS for substances they intend
to use while performing a task. This will be done prior to the employee(s) use of the
specific chemical. The associated hazards and proper personal protective equipment will also
be reviewed. Under no circumstances shall an employee enter an area that may contain harmful
substances until directed to do so by their supervisor.




aa. Site Security




Security




Statement of Policy




It is the policy of Yates/Paric through effective planning, implementation, and execution to
provide effective security for the River City Casino.




Purpose and Scope




Our commitment is to assure the care, control, and custody of the personnel and property of
the River City Casino and Hotel and its surrounding community.




Security Program Structure/Formations




The security department will report directly to the project Site Safety Professional. The
functions of the security department will control personnel and equipment entering and
exiting the confines of the project site.




Security Positions Defined




Site Safety Professional: Has overall responsibility for security of the project.




Security Supervisor: Has responsibility to oversee and direct security offices and to
provide security data to the Site Safety Professional.




Security Officers: To receive and follow direction from the Security Supervisor in
their immediate areas of responsibility and to provide accurate security
information/data/documentation as directed.




Contract Security Force




When feasible, outside or contract security forces may be utilized to provide security
services. If outside security services are utilized, the port supervisor will still report to
and receive direction from the project Site Safety Professional.


 


 









 






Stand-by resources




If Yates/Paric personnel are utilized to provide project security, an agreement will be
arranged with an outside security service. This outside service will be utilized to assist
the Yates/Paric security staff during unforeseen emergencies or during times of abnormal
personnel or traffic.




Affiliated Resources




The affiliate resources will be determined after the award of the project.




Security Measures




Baseline Physical Security Survey




The Baseline Physical Security Survey will be formulated in conjunction with all Owner
established guidelines as it pertains to the overall security of the project. Specific
details of the survey will be created and approved by the Owner as the parameters of the
project become more clearly defined.




Access Control Procedures




Access and egress of the project will be controlled by gating at each point of control.
Access and egress points will be held to a minimum and will only be opened /closed by
security personnel. Each control point will typically be staffed by one security person. In
events of high personnel or traffic flow, additional staffing may be required.




Only vehicles/equipment with appropriate and approved site stickers will be allowed entry
thru a control point.




Personnel will be issued proximity badges, identifying the individual by code, badge number
and picture I.D. Only personnel with these badges will be allowed entry.




This same badge system and badge readers will also be used throughout the project location to
track personnel movement, head count during emergencies, drills or training attendance
documentation.




Vendors/Third Party




Vendors will be required to have an appointment scheduled and security notified of the
appointment date and time.




Vendors will be given a temporary badge. The badge will only be good for the day it is issued
and returned to security at the end of the scheduled appointment. Vendors will be required to
travel only to their appointment location and upon completion of the appointment, return
immediately to security for departure.




In the event that the vendor is required to travel outside the office complex, he/she must be
escorted by their host or his/her designee at all times.


 


 









 






Visitors




Visitors will be considered to be anyone other than employees, owner representatives,
contractors and sub-contractors and vendors. Visitors will not be allowed on the site without
management approval.




Perimeter Security




The perimeter of the project will be secured by a six (6) foot chain link fence with two or
three strands of barbed or razor wire above the chain link. 



Gating at security access/egress
points will be of the same materials of construction as the perimeter fencing. Gates will be
capable of being secured and locked.




Fencing




The perimeter of the project will be secured by a six (6) foot chain link fence with two
or three strands of barbed or razor wire above the chain link.




Signs




No Trespassing signs will be posted around the perimeter of the property and approximately
six foot above ground level. The sign will be yellow with black letters. Size will be
approximately twelve (12) inches by eighteen (18) inches and read as follows:




Roving patrols will be conducted during normal day shift activities to discourage security
breaches. The number and frequency of roving patrols will be increased after dark. The number
and frequency will vary depending on need. If security breaches are occurring or suspected,
the number and frequency will increase. Security breeched will require the same type of
investigation as an incident involving an injury or property damage.




bb. Evacuation Plan / Crisis Management Plan




A copy of the Emergency Action Plan and Evacuation Route will be filed and displayed in the
safety office, as well as throughout the job site. Topics included in the Emergency Action
Plan include; Injuries and Fire and Emergency Evacuation. (Note: plan will be inserted here.
Location and route TBD.)



 


 









 






cc. Behavioral Based Safety Program




The Behavior Based Safety Program is designed to encourage safe behaviors and give ownership
to field personnel. This program will be implemented on site and employees are encouraged to
participate. Those chosen to be “Safety Observers” will be easily identifiable by a yellow
sticker on their hard hat.




After proper orientation is given by Corporate Safety for the BBSP, a minimum of three (3)
Yates/Paric personnel (excluding management and foremen) will be required to turn in one (1)
review sheet each day of the work week (if seven days per work week are worked, seven sheets
per observer are required). This will be coordinated by the safety personnel, but the Site
Safety Professional will make no employee observations relating to this program.




NOTE: This plan is subject to change or adjustment as the project progresses. In the case of
revision, proper Yates/Paric management will be briefed on the updated procedures.




 


 












 




EXHIBIT P

OCIP MANUAL




 


 









 












RIVER CITY CASINO & HOTEL




Owner Controlled Insurance Program

INSURANCE MANUAL




 


 









 







Table
of Contents




	 	 	 	 	 
	I. Introduction
	 	 	1	 
	 
	 	 	 	 
	II. Administration Directory
	 	 	2	 
	 
	 	 	 	 
	III. Insurance Policy Reference
	 	 	4	 
	 
	 	 	 	 
	IV. Program Definitions
	 	 	5	 
	 
	 	 	 	 
	V. The Insurance Program
	 	 	7	 
	A. 11.1 — Owner Controlled Insurance Program
	 	 	7	 
	B. 11.1.2
—  Applicability of the
OCIP
	 	 	7	 
	C. 11.2 — Contractor Insurance Cost Identification
	 	 	8	 
	D. 11.2.1  —  Change Order Pricing
	 	 	9	 
	E. 11.2.2
—  Audit and Recovery of
Contractor and/or Subcontractor “Insurance Cost”
	 	 	9	 
	F. 11.3 — RIVER CITY CASINO & HOTEL PROJECT OCIP — OCIP Provided Coverages
	 	 	11	 
	G. 11.3.1
—  Certificates and Policies
	 	 	12	 
	H. 11.3.2
—
Termination/Modification of
the OCIP Warranty Work
	 	 	12	 
	I. 11.4 — Contractor-Provided Coverage
	 	 	13	 
	J. 11.4.1  —  Deductibles on Contractor Policies
	 	 	14	 
	K. 11.4.2  —  Certificates of Insurance
	 	 	14	 
	L. 11.4.3  —  Other Insurance
	 	 	15	 
	M. 11.4.4  —  Contractor Responsibilities
	 	 	15	 
	N. 11.4.5
—  Contractor’s Responsibility for its Subcontractors
	 	 	16	 
	O. 11.4.6  —  Assignment of Return Premiums
	 	 	16	 
	P. 11.4.7  —  Waiver of Subrogation
	 	 	16	 
	Q. 11.4.8 — No Release
	 	 	16	 
	R. 11.4.9 —
Approval of Forms and Companies
	 	 	16	 
	S. 11.4.10
—  Coverage to be Provided by Contractor During Warranty Period
	 	 	17	 
	T. 11.4.11  —  Claims Responsibilities
	 	 	17	 
	U. 11.4.12  —  Project Safety Administration
	 	 	17	 
	 
	 	 	 	 
	VI. Insurance Administration
	 	 	 	 
	A.
Exhibit
11b — Enrollment Process Table
	 	 	20	 
	 
	 	 	 	 
	VII.
Accident
Reporting and Claims Procedures
	 	 	21	 
	 
	 	 	 	 
	VII. Sample Forms
	 	 	 	 






					
	 	 	 	 	 
	River City Casino & Hotel
	 	 
	 	August 11, 2008
	OCIP Manual	 	 	 	 





 


 









 





INTRODUCTION




This manual identifies, defines, and assigns responsibilities related to the administration of the
River City Casino & Hotel Owner Controlled Insurance
Program (OCIP).



This manual:




	 	•	 	Describes the OCIP and details the insurance-related responsibilities of the
various parties involved.
	 
	 	•	 	Provides a basic description of the OCIP structure and operation, with an
overview of coverage provided by the OCIP and guidelines for carrying out specific
administrative and audit procedures.
	 
	 	•	 	Provides answers to questions that are likely to arise during the course of
the project. Because it is impossible to anticipate every question or situation that
may arise, the directory lists those involved in the administration of the OCIP and
their areas of expertise. Please feel free to call with any questions.
	 
	 	•	 	Will be updated as changes dictate during the course of this project.
	 
	 	•	 	Does not and is not intended to provide coverage
interpretations. The terms
and conditions of the policies alone govern how coverage is applied.





CHANGES TO ANY OCIP REQUIREMENT OR PROCEDURE MUST BE APPROVED BY THE SPONSOR AND OCIP
ADMINISTRATOR. NO CONTRACTOR OR SUBCONTRACTOR HAS THE AUTHORITY TO AMEND THE OCIP REQUIREMENTS.



					
	 	 	 	 	 
	River City Casino & Hotel
	 	1
	 	August 11, 2008
	OCIP Manual	 	 	 	 





 


 









 





ADMINISTRATIVE DIRECTORY




OCIP Administration/Claims Coordinator:



Gina Neal — Willis

224 N. Hwy 67 Suite 193

Florissant, MO 63031

Office Phone: 314-395-6615

Fax: 314-395-1880

Cell Phone: 817-681-5710

E-mail: gina.neal@willis.com




OCIP
Safety Manager—Willis National Wrap-Up Team



Jim Tingley

Willis—National Wrap-Up Team

One Galleria Tower

13355 Noel Road, Suite 400

Dallas, TX 75240

Phone: 972-715-6229

Cell Phone: 214-878-0481

E-mail: james.tingley@willis.com




OCIP Program Manager:



Chuck Halsey

Willis of Nevada, Inc.

7251 W. Lake Mead, Suite 300

Las Vegas, NV 89128

Phone: 702-458-1877

Fax: 702-562-4340

E-mail: chuck.halsey@willis.com




OCIP Consultant



Bonnie Edwards

WilIis—National Wrap-Up Team

13355 Noel Rd., Suite 400

Dallas, Texas 75240

Phone: 972-715-6316

Fax: 972-386-5561

E-mail: edwards_bl@willis.com




					
	 	 	 	 	 
	River City Casino & Hotel 

OCIP Manual
	 	2
	 	August 11, 2008






 


 









 





ADMINISTRATIVE DIRECTORY




RIVER CITY CASINO & HOTEL ROAD PROJECT OCIP

CLAIMS OFFICES/TEAMS




ZURICH North America

P.O. BOX 20048

Kansas City,
MO 64195

Toll free: 800-777-9005

FAX: 913-345-1582




ALL
claims reporting to gina neal with willis who will make initial report to zurich




WORKERS COMPENSATION TEAM:




Team
manager: Kimberly Ellis

Phone: 913-345-4349

E-Mail:kimberly.ellis@zurichna.com




Claim
Representative—Tier
III—Lost Time Adjuster—alan barzee

Phone: 913-345-4336

E-Mail: alan.barzee@zurichna.com




Claim
Representative—Tier II—tammy richardson

Phone: 913-345-4391

E-Mail:
tammy.richardson@zurichna.com




Claim
Representative—medical only—Joanna KO

Phone: 913-345-4370

E-Mail: joanna.ko@zurichna.com




general
liability team:




Team
manager: William (Kent) Cherry

Phone: 913-345-4327

E-Mail: william.cherry@zurichna.com




Claim
Representative—Tier III—Fred Taylor

Phone: 913-345-4331

E-Mail: fred.taylor@zurichna.com




					
	 	 	 	 	 
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INSURANCE POLICY REFERENCE





Workers Compensation




Insurance Company: Zurich American Insurance Company

Policy Number: Varies by Subcontractor




General Liability




Insurance Company: Zurich American Insurance Company

Policy Number: GLO5379534-00




Umbrella




Insurance Company: American Guarantee & Liability Insurance Company

Policy Number: AEC5379534-00

Limits: $25,000,000 excess of primary




Insurance Company: Westchester Fire Insurance Co.

Policy Number: G21979296001

Limits: $25,000,000 excess $25,000,000 excess primary




Insurance Company: Starr Excess Liability Insurance Co.

Policy Number: UK73761

Limits: $50,000,000 excess $50,000,000 excess primary




Railroad Protective Liability




Insurance
Company: Zurich American Insurance Company

NAMED INSURED: Union Pacific Railroad

Policy Number: RRP 3878359-00

Limits: $2,000,000 per occurrence/$6,000,000 aggregate




Builders’
Risk




Insurance Company: Zurich American Insurance Company

Policy Number: IM 9002897-00




Deductible
of $25, 000 per occurrence shall be borne by the
Contractor/Subcontractor(s) who caused the loss.



					
	 	 	 	 	 
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PROGRAM DEFINITIONS




	 	 	 
	Owner Controlled 

Insurance Program (OCIP)

	 	The Program under which
Workers’ Compensation, Employer’s Liability, Commercial General Liability, Excess Liability, Railroad Protective Liability,
Builder’s Risk are procured or provided on a project “wrap-up” basis for
Contractor/Subcontractor(s) of any tier, who have been properly enrolled, while performing
operations at a designated Project Site.
	 
	 	 
	Insured

	 	River City Casino & Hotel Contractor(s) and Subcontractors of any tier who are enrolled in
the OCIP and who have been named in a policy, certificate of insurance, or advice of
insurance.
	 
	 	 
	Insurer

	 	Insurance Companies, identified in the Administrative Directory providing coverage for the
River City Casino & Hotel OCIP.
	 
	 	 
	OCIP 

Administrator

	 	The firm responsible for the brokering and administration of the Owner Controlled
Insurance Program.
	 
	 	 
	OCIP Safety 

Consultants

	 	These representatives are employees of the Insurer and Willis who will provide safety
consulting services to the River City Casino & Hotel Project OCIP, its Contractors and
Subcontractors of all tiers enrolled in the OCIP.
	 
	 	 
	Project Site

	 	River City Casino & Hotel
Lemay Missouri Project, located @ 599 E. Arlee Avenue, St.
Louis, MO 63125, consisting of approximately “80 acres within the boundary of the River Des
Peres on the North, The Mississippi River on the East, The Union Pacific Railroad on the West
and private property on the South.”
	 
	 	 
	 

	 	River City Road Lemay Missouri Project is described as “An approximate
two mile length of 4-lane road including a new bridge over existing
railroad tracks. The site includes new and renovated road sections
extending from the project’s northwest property line to Interstate 55. The
roadway limits generally follow the south side of River Des Peres.”
	 
	 	 
	On-Site Activities

	 	Those activities at the Project
sites or emanating there from such as adjacent
sidewalks, streets and contiguous areas. The OCIP does not provide insurance coverage for
permanent yards or other locations of any Contractor/Subcontractor, except as specifically
requested by Contractor and endorsed by owner, and as outlined by the Builders’ Risk policy.
	 
	 	 
	Eligible Contractors

(Included in the Program)

	 	Eligible Contractors include all
subcontractors providing direct labor on the Project Sites (see definition of ineligible subcontractors below). Temporary labor
services and leasing companies are to be treated as a subcontractor.






					
	 	 	 	 	 
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	Ineligible Contractors

(Not included in 

the Program)

	 	The OCIP does not cover consultants, suppliers (that do not perform or
subcontract installation), vendors, materials dealers, guard services, janitorial services, truckers
(including trucking to the project where delivery is the only scope work performed), and other temporary
project services.
	 
	 	 
	Certificate of
Insurance

	 	Written evidence of the existence of coverage terms of a particular insurance policy.
	 
	 	 
	Bid Deduct

	 	Contractor/subcontractor original scope of work and subsequent change orders will be
bid with insurance costs included. Each Contractor shall complete the Insurance Cost
Identification Form 2. Requirements are further defined in Section 11.2.
	 
	 	 
	Composite Rating

	 	Composite rate is the combination of all basic rates, increased factors, credits
and surcharges into a combined rate. For the purpose of this program, any credit for self
insurance or deductibles must be identified but will not be allowed.
	 
	 	 
	Corporate 

Allocation

	 	A rate assigned for a branch, office or subsidiary by the corporate office for
designated costs. For the purpose of the program, this rate is not allowed, actual cost must
be identified.
	 
	 	 
	Loss Fund

	 	The fund set up by each contractor to pay for any claims within the deductible or self
insured level of the contractor/subcontractor’s primary insurance program.
This fund amount is a cost normally passed back to the Owner in the final
bid. For purposes of this program, this amount is not allowed; the credit
amount given on the rate must be identified.
	 
	 	 
	Sponsor/Owner

	 	Casino One Corporation.





					
	 	 	 	 	 
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INSURANCE




Article 11 INSURANCE




11.1 OWNER CONTROLLED INSURANCE PROGRAM





Casino One Corporation hereinafter called the Owner, has elected to implement an Owner
Controlled Insurance Program (OCIP) that will provide Workers’ Compensation, Employer’s
Liability, General Liability, and Excess Liability for contractors of every tier providing
direct labor to the “River City Casino & Hotel Lemay County, Missouri Project” hereinafter
call “The Project”. All terms and conditions of
Section 11 will apply during the term of
the contract. The Owner agrees to pay all premiums associated with the OCIP including
deductibles or self-insured retention (giving the Contractor and Subcontractors first
dollar coverage) unless otherwise stated in the contract documents.




While the OCIP is intended to provide broad coverages and high limits, the OCIP is not
intended to meet all the insurance needs of the contractor. In addition to any insurance
provided by the Owner, an enrolled contractor and all ineligible contractors will be
responsible for providing certain insurance as specified in paragraph 11.3. We recommend
that Contractors discuss the OCIP with their insurance agent or consultant to assure that
other proper coverages are maintained.



11.1.2 Applicability of the OCIP





Participation in the OCIP is mandatory but not automatic. Each Eligible Contractor or
Subcontractor (as defined) must follow the enrollment procedures
shown in the River City
Casino & Hotel OCIP Manual, a copy of which is attached as part of each subcontract, this
manual may be updated during the course of construction to reflect any changes in State
Rules and/or Regulation or Procedures that may be necessary, and said revised and said
revisions will replace all previous versions. Copies of any revised manual will be
distributed by the OCIP Administrator.




	 	(a)	 	Any Contractor or Subcontractor who applies for enrollment in the OCIP ten (10)
days or more after they commence working on the Project, will be required to provide a
“No Known Loss Letter” to the Carrier along with the enrollment documentation. If the
loss occurs prior to enrollment, the loss may not be covered under the OCIP. The Owner
retains the sole discretion to determine whether to enroll any Contractor or
Subcontractor in the OCIP.






Anyone considered ineligible that has direct labor on The Project will be required to
participate in the Project Safety Program.




The
Project is designated by “the Owner” and on file with the OCIP Insurance Company. The
Project includes operations necessary or incidental to the Work. The contractor’s regularly
established workplace, plant, factory, office, shop, warehouse, yard or other property even
if such operations are for fabrications of materials to be used at the job site or training
of apprentices will be considered off-site.




Unless otherwise directed by The Owner, contractors not enrolled in the OCIP will be
required to maintain their own insurance and will be required to participate in the Project
Safety Program. Coverage types and limits are shown in paragraph 11.4 as a minimum.
Contractor will promptly furnish The Owner, or their designated representative,
certificates of insurance giving evidence that all required insurance is in force.



					
	 	 	 	 	 
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11.2 Contractor Insurance Cost Identification





All Contractors/Subcontractors original scope of work and subsequent change orders will
be bid with insurance costs included, for coverages to be provided by the Owner for
the work at The Project, and shall be identified on Form 2 (Insurance Cost Identification
Worksheet); a copy is attached and becomes an attachment to the contract. The following
procedures should be followed in determining Contractor’s insurance cost to be
included in the bid:




	 	a)	 	First dollar Workers’ Compensation coverage is provided under The Project
OCIP for all Contractors/Subcontractors enrolled in the program. Contractor
Insurance Programs that include high deductibles; self-retention levels;
self-insured portions (Workers’ Compensation or General Liability) must use the
following for their calculations:






	 	i)	 	Although Deductible or Self-Retention Credits or Self-Insured
amounts are to be identified, they will not be allowed. Policies using
Composite rates must show at a minimum the deductible/self-retention/self-insured amount
and the rating breakdown. If the credit percentage is not available, minimum and
maximum rates for the program must be identified. Corporate
allocations will not
be allowed; the same format for calculation as shown for Composite Rates must be
shown on the Form-2 and furnished with the bid documents.
	 
	 	ii)	 	Any credits (other than credits for deductibles or self-retention
or self-insured plans), or surcharges shown on the dec and/or rating sheets
should be used to calculate contractor’s actual insurance cost.
	 
	 	iii)	 	A copy of the Workers’ Compensation, General Liability, and
Excess Liability policy declarations page and rating schedules to be submitted
to the OCIP administrator to confirm information included on the Form 2.






Coverage and limit requirements for purposes of calculation of the insurance cost are as
follows:




	 	(1)	 	Workers’ Compensation and Employer’s Liability Insurance:






WORKERS’ COMPENSATION INSURANCE STATUTORY BENEFITS as provided by state statute;
and EMPLOYER’S LIABILITY LIMITS:




	 	(a)	 	$1,000,000 Bodily Injury with Accident — Each Accident;
	 
	 	(b)	 	$1,000,000 Bodily Injury by Disease — Policy Limit
	 
	 	(c)	 	$1,000,000 Bodily Injury by Disease — Each Employee






	 	(2)	 	Commercial or General Liability Insurance:






	 	(a)	 	$1,000,000 Bodily Injury/Property Damage each occurrence
	 
	 	(b)	 	$2,000,000 Products/Completed Operations Aggregate
	 
	 	(c)	 	$2,000,000 General Aggregate
	 
	 	(d)	 	$1,000,000 Each Occurrence
	 
	 	(e)	 	$50,000 Fire Damage
	 
	 	(f)	 	$5,000 Medical





					
	 	 	 	 	 
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Coverage shall include but not limited to the following supplementary coverages:




	 	1.	 	Contractual Liability to cover liability assumed under the agreement;
	 
	 	2.	 	Product and Completed Operations Liability insurance
	 
	 	3.	 	Broad Form Property Damage Liability Insurance
	 
	 	4.	 	Explosion, collapse and underground hazards (deletion
of the X,C,U exclusions) if such exposure exists;
	 
	 	5.	 	Independent Contractors;
	 
	 	6.	 	Such policy shall include all of the coverages which
may be included in coverages A, B and C contained in the Commercial General
Liability Policy, without deletion. Such policy must be issued upon an
“occurrence” basis, as distinguished from a “claims made” basis.
	 
	 	7.	 	Products and Completed Operations to be maintained for
two (2) year after final payment.






	 	(3)	 	Excess Insurance:
	 
	 	 	 	  $25,000,000-General Contractor Requirement


*$  5,000,000







	 	 	 
	*	 	Limits required of Subcontractors unless otherwise noted in Bid
Documents.





Contractor/Subcontractor acknowledges and agrees that the insurance cost identified on the
Form-2, has been included in their final bid documents. Upon approval of the
estimated insurance costs included in the contractor/subcontractor’s bid, a deductive change
order shall be processed to remove this amount from the contract.




All information furnished during this process will be considered confidential.




It is the Contractor’s responsibility to make sure all Subcontractors follow the same
instructions.



11.2.1 Change Order Pricing





Contractor
and all enrolled subcontractors will price each change order to
include the
cost of insurance. If the change order amount exceeds $500,000 then a Form 3 should be
completed and submitted to the OClP administrator. An interim adjustment to the contract may
be made to remove the insurance costs associated with the change order.



11.2.2 Audit and Recovery of Contractor and/or Subcontractor “Insurance Cost”





For insurance purposes, the Contractor and all tiers of subcontractors agree, to keep
and maintain accurate and classified record of their payroll for operations at The Project.
Contractor and all tiers of Subcontractors agree to submit the Monthly Payroll Reporting
Form, Form-5 to the on-site OCIP Administrator by the 10th of the month. (Certified payroll
is not acceptable) If this report (Form 5) is not submitted by the 10th, payment
will be held until the report is received.




The Contractor and all subcontractors will permit the Owner and its representative to
examine and/or audit its books and records. Contractor will also provide any additional
information to the Owner or its appointed representatives as may be required.



					
	 	 	 	 	 
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Upon Final Completion of each contract, the Contractors/Subcontractors will
immediately furnish a completed and signed Form 4 – Notice of Anticipated Completion Form
(a copy of which is attached hereto as “Form-4”) to the OCIP Administrator.




	 	•	 	A final audit will be conducted at the end of each contract, of the
actual on-site payroll, receipts, and insurance costs. The insurance costs will be
based on the rates, credits and surcharges shown on the approved Enrollment Form 2.
These rates will be applied to the entire actual project payroll and/or receipts.
The final adjustment will be calculated based on the actual payroll or receipts less
those estimated during the bidding and less OCIP change order process.
	 
	 	•	 	The OCIP Administrator will provide the Contractor with a close-out form and notify
the Sponsor and/or awarding Contractor of the final calculation and the difference will
be adjusted in the contract amount prior to release of retainage.





Retention payments will not be released until all closeout documentation has been
received and approved.



					
	 	 	 	 	 
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11.3 OCIP Provided Coverages





The OCIP will be for the benefit of the Owner and its Contractor/Subcontractor of all tiers
(unless specifically excluded) who have on-site employees. Such coverage applies only to
work performed under the Agreement at “The Project” Site. Eligible Contractor/Subcontractors
must provide their own insurance for off-site activities and Automobile Liability (see
paragraph 11.4.)




The Owner, at their sole expense, will provide and maintain in force the types of insurance
listed in subsection (1) through (4) below as a part of the OCIP for the eligible
Contractor/Subcontractors. The Contractor/Subcontractor enrolled in the OCIP agree that the
insurance company policy limits of liability, coverage terms and conditions shall determine
the scope of coverage provided by the OCIP.




	 	(1)	 	Workers’ Compensation and Employer’s Liability Insurance:
	 
	 	 	 	WORKERS’ COMPENSATION INSURANCE STATUTORY BENEFITS as provided by state statute;
and EMPLOYER’S LIABILITY LIMITS:






	 	(a)	 	$1,000,000 Bodily Injury with Accident — Each Accident;
	 
	 	(b)	 	$1,000,000 Bodily Injury by Disease — Policy Limit
	 
	 	(c)	 	$1,000,000 Bodily Injury by Disease — Each Employee






	 	(2)	 	Commercial General Liability Insurance, placed by the OCIP Administrator (Willis), will
be provided on an “occurrence” form under a master liability policy. Certificates of
insurance will be provided to the Prime Contractor/Subcontractor and all tiers of
Subcontractors reflecting the following Limits of Liability, Coverages, and Terms:






	 	(a)	 	Limit of Liability:






	 	1.	 	$2,000,000 Bodily Injury and Property Damage Liability Each
Occurrence
	 
	 	2.	 	$4,000,000 General Aggregate Reinstated Annually

	 
	 	3.	 	$4,000,000 Products and Completed Operations
	 
	 	4.	 	$5,000 Property Damage Deductible per occurrence
to be the responsibility of the Contractor or Subcontractor
who caused the loss.






	 	(b)	 	Coverage and Terms:






	 	1.	 	Occurrence Basis;
	 
	 	2.	 	Contractual Liability specifically
designating the indemnity provision of this agreement as an insured
contract;
	 
	 	3.	 	Completed Operations (Ten Year Term);
	 
	 	4.	 	Independent Contractor/Subcontractor’s
Liability;
	 
	 	5.	 	Designated Premises Only.






	 	(3)	 	Railroad Protective Liability






	 	(a)	 	$ 2,000,000 each occurrence limit
	 
	 	(b)	 	$ 6,000,000 aggregate limit
 Policy
issued to Union Pacific Railroad






	 	(4)	 	Excess Liability Insurance






	 	(a)	 	$100,000,000 per occurrence
	 
	 	(b)	 	$100,000,000 aggregate




					
	 	 	 	 	 
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	 	(5)	 	Builders Risk






Builder’s Risk Insurance: Policy Form: Zurich Manuscript Completed Value
Builders’ Risk—Copy of policy available upon request to the OCIP administrator. The
Builders Risk will not provide coverage against loss by theft or disappearance of
any materials (unless the materials are to be incorporated into the Project), tools,
or equipment of the Contractor or any tier of subcontractor, or any other person
furnishing labor or materials for the Work and Contractor agrees to indemnify,
defend, and hold the Owner and its officers, agents, and employees harmless from any
such loss, theft, or disappearance.




Deductible of $25,000 per occurrence shall be borne by the Contractor/Subcontractor(s) who caused the loss.




Owner waives all rights of subrogation and recovery against the Contractor and
all Subcontractors of all tiers for damage to any Client’s Name property or to the
extent of any loss or damage, which is insured under the OCIP. Contractor waives all
rights of subrogation and recovery against The Owner and other Subcontractors of all
tiers to the extent of any loss or damage, which is insured under the OCIP. The
Contractor and each Subcontractor will require all Subcontractors to similarly waive
their rights of subrogation and recovery in each of their respective construction
contracts with respect to their work on this project site.



11.3.1 Certificates and Policies





Each Eligible Contractor will receive a separate Workers’ Compensation policy.
Certificates of Insurance will be furnished for the General Liability and Excess coverages.
These policies are available for review by the Contractor upon request to The Owner. The
terms of such policies or programs, as such policies or programs may be from time to time
amended, are incorporated by reference. Contractor agrees to be bound by the terms of
coverage as contained in such insurance policies and/or self-insurance programs.



11.3.2 Termination/Modification of the OCIP





The Owner reserves the right to terminate or to modify the OCIP or any portion thereof.
To exercise this right, the Owner will provide thirty
(30) days advance written notice of
termination or material modification to the Contractor and all subcontractors covered by the
OCIP. In such event, the Contractor will promptly obtain appropriate replacement insurance
coverage acceptable to the Owner. Written evidence of such insurance will be provided to the
Owner prior to the effective date of the termination or modification of the OCIP coverages.
The reasonable cost of such replacement insurance will be reimbursed by the Owner to the
Contractor.




SPECIAL NOTE:




Any contractor who has completed their work at The Project and whose insurance as
provided by The Owner’s OCIP has been terminated, who returns to the site to perform
warranty work does so under its own insurance coverages and not under those provided
by The Owner’s OCIP.



					
	 	 	 	 	 
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11.4 Contractor-Provided Coverage





For any work under this contract, and until completion and final acceptance of the
work, the Contractor/Subcontractors, at their own expense, must promptly furnish to the
Owner’s Insurance Administrator, certificates of insurance giving evidence that the
following coverages are in force.




“The Project” site shall be identified on the certificate, Casino One Corporation; Pinnacle
Entertainment, Inc.; and their directors, officers, representatives, agents and employees;
Yates/Paric; Bergman, Walls & Associates Ltd; M.A. Engineering, Inc.; CHPA Consulting
Engineers; Lay, Pitman & Associates; Horner & Shifrin Inc.; David Mason & Associates;
Shannon & Wilson; and Geotechnology, Inc. shall be named as additional insureds, ATIMA (As
Their Interest May Appear) on the Commercial General Liability Policy and Automobile Policy.




Automobile Liability Insurance:




Minimum Combined Single Limit that shall not be less than $1,000,000 per
occurrence Commercial Automobile Liability Insurance to cover all vehicles owned
by, hired by, or used on behalf of the Prime Contractor/Subcontractor,




Workers’
Compensation and Employer’s Liability Insurance:




Statutory Limits with All States Endorsement and minimum Employer’s Liability
Limits will be provided as follows:




	 	(a)	 	$1,000,000 Bodily Injury with Accident — Each Accident;
	 
	 	(b)	 	$1,000,000 Bodily Injury by Disease — Policy Limit
	 
	 	(c)	 	$1,000,000 Bodily Injury by Disease — Each Employee; and
	 
	 	(d)	 	The policy will be endorsed to exclude “The Project” if you are a participant
in the OCIP.






Commercial General Liability Insurance:




$1,000,000 Bodily Injury and Property Damage Limit for each occurrence




$2,000,000 General Aggregate




$2,000,000 Products/Completed Operations Aggregate




Coverage shall include the following:




Occurrence Basis;




Premises operations;




Contractual Liability;




Products/Completed Operations;




Broad Form Property
Damage; and




Independent Prime Contractor/Subcontractors




Such policy must be issued upon an “occurrence” basis, as distinguished from a
“claims made” basis.




Products and Completed Operations to be maintained for two (2) year after final
payment.



					
	 	 	 	 	 
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Excess Liability Insurance:




 $25,000,000




*$  5,000,000





	 	 	 
	*	 	Limits required of Subcontractors unless otherwise noted in Bid Documents.





Coverage should apply and follow form over primary coverages shown above.




Limits
must apply: Any one occurrence and general aggregate annually; and Annual
Aggregate Products and Completed Operations.




Coverages and Terms: 

Excess
of General Liability 

Excess
of Employer’s Liability


Completed Operations




NOTE: If a Contractor/Subcontractor participating in the OCIP chooses to have the
policy endorsed to include “The Project” Site during the construction period, coverage should
be Excess and/or Difference in Conditions (DIC) of the OCIP. This cost should not be passed
back to the Owner. Inclusion of “The Project” Site on such insurance policies shall not
replace the OCIP coverage or otherwise affect the cost identification requirement in paragraph
11.2.



11.4.1.1 Deductibles on Contractor Policies





If by the terms of this insurance any mandatory deductibles are required, or if the
Contractor should elect, with the concurrence of the Owner, to increase the mandatory
deductible amounts or purchase this insurance with voluntary deductible amounts, the
Contractor will be responsible for payment of the amount of all deductibles in the event of
a paid claim. If separate Contractors are added as insureds to be covered by this policy,
the separate Contractors will be responsible for payment of appropriate part of any
deductibles in the event claims are paid on their part of the Project.



11.4.2 Certificates of Insurance





Coverage Requirements




As shown in Section 11.4




Description of Operations Wording




“Workers’ Compensation and General Liability coverage’s shown above do not apply to the
River City Casino & Hotel Lemay Missouri Project.




Additional Insured Wording




Casino One Corporation; Pinnacle Entertainment, Inc., and their directors, officers,
representatives, agents and employees; Yates/Paric; Bergman, Walls & Associates Ltd; M.A.
Engineering, Inc.; CHPA Consulting Engineers; Lay, Pitman & Associates; Horner & Shifrin
Inc.; David Mason & Associates; Shannon & Wilson; and Geotechnology, Inc. shall be named as
additional insureds, ATIMA (As Their Interest May Appear) applicable to Automobile
Liability and Off-Site General Liability as respects the River City Casino & Hotel project.



					
	 	 	 	 	 
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Certificate Holder



Casino One Corporation

C/o Gina Neal — Willis

224 N. Hwy 67 Suite 193

Florissant, MO 63031




Certificates of insurance acceptable to The Owner will be filed with the OCIP Administrator
within ten (10) days after award of the contract to Contractor and prior to commencement of
the Work. All required insurance will be maintained without interruption from the date of
commencement of the Work until the date of the final payment or expiration of any extended
period as set forth in this agreement. In the event that the Contractor or any Subcontractor
fails to take out and maintain such insurance coverages, the Owner shall have the right at
its option to take out and maintain such insurance coverages and back charge the Contractor
or the Subcontractor for the costs thereof.




The amount of insurance required in Section 11.4, shall not be construed to be a limitation
of liability on the part of the Contractor or any Subcontractors. In that regard, all of the
insurance requirements of this paragraph shall apply to all Subcontractors working on the
project site. Any type of insurance or any increases of limits of liability not described
herein which the Contractor or any Subcontractor requires for its own protection or on
account of statute shall be its own responsibility and its own expense. If the Contractor or
the Contractor’s Subcontractors maintain any insurance policies covering owned, leased or
borrowed, equipment, such policies shall contain a waiver of subrogation against the Owner.



11.4.3 Other Insurance





Any type of insurance or any increase of limits of liability not described in this
section which the Contractor requires for their own protection or on account of any statute
will be their own responsibility and their own expense. Each item must be shown as a line
item and approved by the Owner.



11.4.4 Contractor Responsibilities





The Contractor will cooperate with and will require all subcontractors to cooperate with The
Owner and/or its designated representative (hereinafter called the OCIP Administrator) with
regards to the administration and operation of the OCIP. The contractor/subcontractor’s
responsibilities will include, but not be limited to:




	 	(1)	 	Compliance with all rules and regulations of the applicable State Insurance
Bureau/Board; failure to meet state requirements may result in fines being
assessed, if this occurs, the Contractor shall deduct from monies due or to become
due under the provisions of this subcontract for any applicable fines that are
assessed against the Owner/contractor/subcontractor;
	 
	 	(2)	 	Compliance with applicable Construction Safety Program;
	 
	 	(3)	 	Provision of necessary contract, operations and insurance information;
	 
	 	(4)	 	Cooperation with any insurance company or Insurance Administrator with respect
to requests for claims, payroll or other information required under the program;





					
	 	 	 	 	 
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11.4.5 Contractor’s Responsibility for its Subcontractors





The Contractor will include this document and provide the River City Casino & Hotel OCIP
Manual with the bid documentation. The Contractor will require that all subcontractors of
every tier participate in River City Casino & Hotel OCIP and comply with all rules and
procedures as outlined in the Enrollment Process Table, Exhibit 11B. It will be the
Contractor’s responsibility to submit to The Owner and its designated representative all bid
documentation for approval.



11.4.6 Assignment of Return Premiums




The Owner will be responsible for the payment of all premiums associated solely with
the OCIP and will be the sole recipient of any dividend(s) and/or return premium(s)
generated by the OCIP. In consideration of The Owner’s provision of said coverages
under the OCIP program, the Contractor and subcontractors agree to:




	 	(1)	 	Identify all applicable insurance costs associated with their contract work;
and cooperate with the OCIP Administrator in the confirmation of the insurance cost
as shown in paragraph 11.2.
	 
	 	(2)	 	Irrevocably assign to and for the benefit of The Owner, all return premiums,
premium refunds, premium discounts, dividends, retentions, credits, and any other
monies in connection with the OCIP insurance. Contractor agrees to evidence such
assignment by executing and delivering the Form-2. Contractor further agrees to
require each subcontractor to execute the assignment on the Form-2, for the benefit
of The Owner.





11.4.7 Waiver of Subrogation





Owner waives all rights of subrogation and recovery against the Contractor and all
subcontractors of all tiers to the extent of any loss or damage, which is insured under the
OCIP. Contractor waives all rights of subrogation and recovery against The Owner and other
subcontractors of all tiers to the extent of any loss or damage, which is insured under the
OCIP. The Contractor and each subcontractor will require all subcontractors to similarly
waive their rights of subrogation and recovery in each of their respective construction
contracts with respect to their work on “The Project.”



11.4.8 No Release





The provision of the OClP by The Owner will in no way be interpreted as relieving the
Contractor or any subcontractor of any other responsibility or liability under this
agreement or any applicable law, statute, regulation or order.



11.4.9 Approval of Forms and Companies





All insurance described in this Section will be written by an insurance company or
companies satisfactory to the Owner and licensed to do business in Missouri and will be in
a form and content satisfactory to the Owner. No party subject to the provisions of this
contract will violate or knowingly permit to be violated any of the provisions of the
policies of insurance described herein.



					
	 	 	 	 	 
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11.4.10 Coverage to be Provided by Contractor During Warranty Period





During the period following the Final Acceptance Date and prior to expiration of the
warranty period hereunder, Contractor will maintain in full force and effect all insurance
as specified in paragraph 11.4 covering all Work performed during such period.



11.4.11 Claims Responsibilities





The Prime Contractor and all subcontractors shall adhere to and perform all reporting
requirements as set forth in the Claims Procedures portion of the OCIP Program Manual.



11.4.12 Project Safety Administration





It is the responsibility of the Contractor to maintain total control of safety to
ensure that its employees and the general public will be provided an environment free of
recognized hazards during construction activities. Nothing is more important than providing
a safe and healthful environment in which to work. In carrying out this policy it is clear
the only accepted level of performance is to be “Incident Free” on this project each and
every day.




A. Project Safety Manual




A site-specific safety plan is required within fifteen (15) days after receipt of
Notice to Contract Award and prior to start of any construction activities;




The name and qualifications (resume) of designated on-site safety person must
also be submitted to Owner;




Contractor’s shall develop their own written site-specific safety and health plans for the
Project and must include the following as a minimum:




NOTE*** Sections do not have to be in order as shown



Section 1 — This section should include a commitment letter signed by the President of your
company. The following items must be addressed by this letter:




	 	a.	 	Company commitment to and philosophy on safety.
	 
	 	b.	 	Company acknowledgement that they will support and participate in the
light duty/return to work policy.
	 
	 	c.	 	Company acknowledgement that they will commit to drug free workplace.
	 
	 	d.	 	Company acknowledgement that they will comply with OSHA Standards 29 CFR
1926, 29 CFR 1910 and 46 CFR (if applicable).
	 
	 	e.	 	Project Safety Representative’s name and lines of authority, his authority
regarding safety matters.
	 
	 	f.	 	The following attachments should follow the commitment letter:






	 	1.	 	Project Safety Representative’s
and Alternate.
	 
	 	2.	 	Safety Representative’s resumes
must meet Qualifications listed below.






					
	 	 	 	 	 
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Safety Manager Qualifications





* Each Contractor shall designate an on-site Safety Manager who
is charged with the responsibility of on-site safety management. The
Safety Manager’s sale duty shall be safety management and shall not
have
other collateral duties. At a minimum the safety manager shall
meet the requirements of a “competent person” as defined by OSHA for
all phases of construction and have a minimum of three (3) years
construction safety experience. A resume shall be provided that
outlines such items as: work experience, education, training completed
and professional organizations, etc. The safety manager shall remain on
the Project until contract acceptance (full-term of contract). Safety
Manager shall report to an officer of the company and not the project
management team.



Section 2 — This section should include your company disciplinary policy.



Section 3 — This section should include your company drug policy.



Section 4 — This section should include the site specific job hazard analysis for your
project. It should take the tasks in your CPM, analyze the hazards and list the proposed
safety measures to abate those hazards. Pre Task Planning.



Section 5 — OCIP Project Safety Rules — Indicate that compliance with the Project Safety rules
are a requirement for continued employment on the project.



Section 6 — This section should include the Policies and Procedures Compliance statement which
also addresses contractor commitment to compliance with 29 CFR 1926, 29 CFR 1910 and 46 CFR.



Section 7 — This section should include your health and safety program administration. How you
intend to conduct the on site, day to day operations of your program including pre task
planning and roles/responsibilities of those in your organization.
Compliance with state, federal and local jurisdictions, commitment to safety
education and training, how you handle new hire training, employee
responsibilities, first aid, CPR, etc. Include in this section how you will
address the items included in 29 CFR 1926 Subpart C General Safety and Health
Provisions.



Section 8 — This section should be broken up into safety categories. At a minimum it should
include sections on the following:




	 	a.	 	Specific Project Requirements
	 
	 	b.	 	Safe Work Practices
	 
	 	c.	 	Housekeeping
	 
	 	d.	 	Work Zone Safety
	 
	 	e.	 	Personal Protective Equipment, Respiratory Protection, Hearing Protection
	 
	 	f.	 	Fire Protection
	 
	 	g.	 	Compressed Gas Cylinders
	 
	 	h.	 	Material Handling, Storage, Usage
	 
	 	i.	 	Tool Safety
	 
	 	j.	 	Welding and Cutting
	 
	 	k.	 	Electrical Safety
	 
	 	l.	 	Scaffolding
	 
	 	m.	 	100% Fall Protection over 6’ on all work
activities
	 
	 	n.	 	Cranes & Rigging — Personal hoists/manlifts
	 
	 	o.	 	Mobile Equipment Operation and Operator
Training





					
	 	 	 	 	 
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	 	p.	 	Excavation and Trenching
	 
	 	q.	 	Concrete and Masonry Construction
	 
	 	r.	 	Steel Erection
	 
	 	s.	 	Underground Construction
	 
	 	t.	 	Demolition
	 
	 	u.	 	Explosives
	 
	 	v.	 	Power Transmission
	 
	 	w.	 	Confined Space Entry Program
	 
	 	x.	 	Ladder, Stairway and Ramp Safety
	 
	 	y.	 	Lockout Tagout Procedures
	 
	 	z.	 	Hazardous Communication Compliance, Hazardous Material Handling
	 
	 	aa.	 	Site Security
	 
	 	bb.	 	Evacuation Plan
	 
	 	cc.	 	Crisis Management Plan
	 
	 	dd.	 	Miscellaneous — Include any applicable items not covered above needed
to successfully complete your contract.






Note: All items in Section 8 may not be used in the course of your
construction. If an item is not relevant, you may leave it out of your plan, but
indicate under that item that it is not needed for your project. There may also
be items not included above that are relevant, but which are not included above.
Those items must still be addressed in your plan. A failure to include items in
your safety plan which may be needed later will not relieve you of the
responsibility to comply with the OSHA or Project Name standards that would apply
and we reserve the right to require a supplemental safety submission to address
that specific issue.



B. New Employee Orientation





Each new contractor/subcontractor employee will be required to attend an
orientation program conducted by Project Safety Manager. This orientation is designed
to communicate all project specific safety policies, procedures, and expectations of
“the Safety Team” in regard to the construction of the Project.



C. Contractor Safety Program Review





To proactively monitor the safety, health and environmental performance of contractors
and subcontractors the OCIP Site Safety Manager and/or his Representative, will be
conducting a periodic review of contractor/subcontractor safety programs. This will be
a formal process, which will be done with or without advanced notice. Upon completion
of the Safety Program Review, a list of recommendations will be provided to the
contractor/subcontractor. There will be a timeline developed and agreed upon for the
purpose of abating any deficiencies in the contractor/subcontractor safety program.



					
	 	 	 	 	 
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Exhibit 11 b—Enrollment Process Table




All Eligible Subcontractors should be properly enrolled in the OCIP before access to the Project
Site is allowed. Note: The Start Date indicated on the subcontract award form 1 is the date that
the Eligible Subcontractor is expected to begin operations at the Project Site. If the Eligible
Subcontractor has already started work at the Project Site, then the effective date of coverage
will be agreed to by the Owner, OCIP Administrator, and Zurich. Any Contractor or Subcontractor,
who applies for enrollment in the OCIP ten (10) days or more after they commence working on the
Project, will be required to provide a “No Known Loss Letter” to the primary insurer along with the
enrollment documentation and required certificate of insurance.



	 	 	 
	Form 1 —

	 	Notice of Subcontract Award: When an Eligible Contractor or Subcontractor of any tier
awards a subcontract, the awarding Eligible Subcontractor shall complete Notice of Subcontract
Award Form 1 and immediately forward to the OCIP Administrator. A copy of the Manual should be
given to each Eligible Subcontractor.
	 
	 	 
	Form 2 —

	 	Insurance Cost Identification Worksheet: The awarding Eligible Subcontractor shall assure
that their subcontractors complete and immediately forward to the OCIP administrator and attach a
copy of WC, GL, and Excess declarations page and rating schedules from the policies.






Certificate of Insurance as required in Section 11.4—Contractor-Provided Coverage: Must be
submitted to OCIP Administrator.



Upon receipt of the Form 2, policy pages, and required certificate of insurance, the OCIP
administrator will request binding from the Insurer and provide the appropriate OCIP certificate of
insurance evidencing Workers’ Compensation, General Liability, and Excess Liability coverages
provided under the OCIP. The Insurer will issue the appropriate Workers’ Compensation policy for
transmittal to the subcontractor.



	 	 	 
	Form 2A —

	 	Supplemental Insurance Information Form: This form is required if the contracts issues are
a Time and Material contract or if under $30,000 (project cumulative total) or Contracts 30 days or
less.
	 
	 	 
	Form 3 —

	 	Supplemental Insurance Information Form: If an Eligible Subcontractor has been awarded
more than one contract on this Project, Insurance Cost Identification Worksheet (Form 2) must be
completed by the subcontractor on the first contract. For each additional contract, Supplemental
Insurance Information (Form 3) must be completed and forwarded
to the OCIP Administrator.
	 
	 	 
	Form 4 —

	 	Notice of Anticipation Completion: When subcontractor is 85% complete, this form should be
completed by the Eligible Subcontractor and sent to the OClP Administrator.
	 
	 	 
	Form 5 —

	 	Project Site Payroll Reporting Form: To be submitted by the 10th of each month
to the OClP Administrator. If not received, pay may be held to the subcontractor. Each Eligible
Subcontractor is also responsible for receipt of each lower-tier’s Form 5 also.






					
	 	 	 	 	 
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ACCIDENT REPORTING AND CLAIMS PROCEDURES




When accidents happen, everyone needs to work together. Even though the Contractors and each
Subcontractor has instituted tough safety measures, work-related accidents are bound to occur. When
they do, the OCIP Insurers stand ready to serve the Contractors and Subcontractors, but they need
help if they are to perform this service in the most effective and efficient manner.



The Insurer will have a claims adjuster available to handle all Commercial General Liability and
Workers’ Compensation claims for the Contractor and each Subcontractor enrolled in the OCIP.



The Insurer will arrange for a legal counsel to handle all lawsuits emanating from the project.



Never discuss any accident or claim with anyone except authorized representatives of River City
Casino & Hotel Contractor, the Insurer(s), and the Owners Insurance Broker or Law Enforcement
agencies.




	A.	 	Workers’
Compensation Claims






	 	1.	 	Seek immediate medical attention for the injured person(s).
	 
	 	2.	 	Immediately notify your supervisor and project manager of the situation.
	 
	 	3.	 	The Supervisor must then notify the OCIP Claims Coordinator and Project
Safety Manager or their designate. If you cannot reach, please leave a voice mail
message.
	 
	 	4.	 	Complete the Accident Investigation and the Applicable
State Form (include
appropriate Location Code) and forward to the OCIP Claims Coordinator and Project
Safety Manager in a timely manner, but no later than the close of business day on the
day of the accident.
	 
	 	5.	 	The Contractor’s safety representative or designated person will transport
the injured worker to:






Concentra
Medical Center—Soulard Clinic

Joe McMillan — Center Administrator

1617 South 3rd Street

St. Louis, MO 63104

Hours: 8am – 5:00pm, M-F

Ph: (314)-421-2557

Fax: (314)-421-2046




After-Hours Injury




On-Call Physician Consultation: 866-398-1105




After-Hour Drug & Alcohol Testing (Onsite)




On-Call
Collector: 888-576-7171




	 	6.	 	The OCIP Claims Coordinator will report claim with appropriate location code
to Zurich.
	 
	 	7.	 	Employer must complete the First Notice of Injury Form and forward to OCIP
Claims Coordinator.
	 
	 	8.	 	Upon receipt of Acknowledgement of Claim from Zurich Insurance Company, OCIP
Administrator will provide the Contractor/Subcontractor with a copy so you can record
the Claim number for future reference.
	 
	 	9.	 	All medical bills, hospital bills, etc should be forwarded to Zurich
Insurance Company identifying the injured employee and claim number.





					
	 	 	 	 	 
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	B.	 	General Liability
Claims






Any occurrence involving Bodily Injury or Property Damage to members of the public that
is NOT caused by an automobile accident.




	 	1.	 	Seek immediate medical attention for any injured person(s).
	 
	 	2.	 	Immediately notify your supervisor and project manager of the situation.
	 
	 	3.	 	The Supervisor must then notify the OCIP Administrator and Project Safety
Manager or their designate. If you cannot reach, please leave a voice mail message.
	 
	 	4.	 	Complete the Accident Investigation and forward to the OCIP Claims Coordinator
and Project Safety Manager in a timely manner, but no later than the close of business
day on the day of the accident.
	 
	 	5.	 	The OCIP Claims Coordinator will report claims with appropriate location code
to Zurich.
	 
	 	6.	 	Upon receipt of Acknowledgement of Claim from Zurich Insurance Company, OCIP
Claims Coordinator will provide Contractor/Subcontractor with a copy so you can record
the Claim number for future reference.
	 
	 	7.	 	All investigation reports, pictures, medical bills, hospital bills, etc should
be forwarded to Zurich Insurance Company identifying the injured individual, claimant
and claim number.






	C.	 	Duties in the Event
of Occurrence, Claims or Suit






	 	a)	 	Follow the claims reporting procedures above.
	 
	 	b)	 	You must see to it that the OCIP Claims Coordinator is notified promptly of an
“occurrence” which may result in a claim. Notice should include:






	 	•	 	How, when and where the “occurrence” took place, and;
	 
	 	•	 	The names and addresses of any injured persons and witnesses.






	 	c)	 	If a claim is made or “lawsuit” is brought against any insured, you provide written
notice of the claim or “lawsuit” to:






	 	•	 	OCIP Claims Coordinator






	 	d)	 	You and any other involved insured must:






	 	•	 	Cooperate with the Insurer in their investigation, settlement
or defense of the claims or “suit”; and
	 
	 	•	 	Assist the Insurer, upon their request, in the enforcement of
any right against any person or organization which may be liable to the
insured because of injury or damage to which this insurance may also apply.






	 	e)	 	No Insureds will, except at their own cost, voluntarily make a payment, assume any
obligation or incur any expense, other than for first aid, without Insurer’s consent.








	D.	 	Automobile
Claims






Even though no Automobile Liability or Physical Damage coverage is provided under the
OCIP, the Contractor/Subcontractor must notify the OCIP Claims Coordinator in writing of
any automobile accident which could be related to the project. This should be done as soon
as possible following the accident. Each Contractor/Subcontractor should follow their
internal reporting procedures for automobile liability or physical damage coverage.



					
	 	 	 	 	 
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	E.	 	Contractor’s Equipment Claims






Even through no coverage is provided under the OCIP for loss of or damage to
Contractor’s or Subcontractor’s owned equipment the Contractor/Subcontractors must notify
the OCIP Claims Coordinator in writing, of any loss or damage to their equipment at the
project. This should be done as soon as possible, following first knowledge of loss or
damage. Each Contractor/Subcontractor should follow their internal reporting procedures for
reporting damage to owned equipment.




	F.	 	Miscellaneous Claims Notes






	 	1)	 	Any incident that involved injury to persons or property is to be reported to the OCIP
Claims Coordinator office immediately.
	 
	 	2)	 	Any claims adjuster representing a Contractor/Subcontractor’s normal insurer
who seeks to come onto The Project site must obtain written authorization from the
OCIP Claims Coordinator prior to coming on the site. There will be no exceptions to
this stipulation.





					
	 	 	 	 	 
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	 	Incident Investigation Report
	 	(To be completed within 24 hours by Supervisor at time of incident)







INJURED EMPLOYEE INFORMATION




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Employee Name

	 	 	 	Male
	 	 	 	Female
	 	 	 	Date of Birth
	 	 	 	Ht.
	 	 	 	Wt.	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Employee Address
	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 

	 	Street
	 	City
	 	State
	 	Zip Code
	 	Home Phone






	 	 	 	 	 	 	 
	Employer Name

	 	 	 	Address	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	Date of Incident

	 	 	 	Time
	 	 	 	AM/PM
	 	Jobsite/Area	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 	 	 






	 	 	 	 	 	 	 
	Employee Job Title

	 	 	 	Length of Employment	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Weather Condition

	 	 	 	Shift
	 	 	 	Supervisor	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 
	UNSAFE ACTS	 	UNSAFE CONDITIONS	 	 






	 	 	 	 	 	 	 	 	 
	What actions caused or contributed to the incident?	 	 	 	What conditions of tools, equipment, or environment contributed
to incident?
	 
	 	 	 	 	 	 	 	 
	 

	 	Operating equipment without authority
	 	 	 	 	 	Inadequate guard/barrier/safety device
	 

	 	 	 	 	 	 	 	 
	 

	 	Failure to warn/signal
	 	 	 	 	 	Inadequate/improper protective equipment
	 

	 	 	 	 	 	 	 	 
	 

	 	Failure to secure/lock out/tag out
	 	 	 	 	 	Inadequate warning system
	 

	 	 	 	 	 	 	 	 
	 

	 	Reaching into/servicing equipment in operation
	 	 	 	 	 	Defective or work tools/equipment materials
	 

	 	 	 	 	 	 	 	 
	 

	 	Making safety devices inoperable
	 	 	 	 	 	Congestion or restricted area
	 

	 	 	 	 	 	 	 	 
	 

	 	Used defective equipment
	 	 	 	 	 	Fire or explosion hazard
	 

	 	 	 	 	 	 	 	 
	 

	 	Took unsafe/improper position
	 	 	 	 	 	Hazardous storage method
	 

	 	 	 	 	 	 	 	 
	 

	 	Horseplay, disruptive actions
	 	 	 	 	 	Unsecured against movement
	 

	 	 	 	 	 	 	 	 
	 

	 	Improper lifting or movement
	 	 	 	 	 	Lighting/noise/visual obstruction
	 

	 	 	 	 	 	 	 	 
	 

	 	Other:             
                 
                  
             
	 	 	 	 	 	Environmental/atmospheric conditions
	 

	 	 	 	 	 	 	 	 
	 

	 	No unsafe action
	 	 	 	 	 	Other:
	 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	No unsafe condition
	 

	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	What actions caused or influenced above unsafe acts?	 	 	 	What caused or influenced above unsafe condition?
	 
	 	 	 	 	 	 	 	 
	 

	 	Unaware of job hazards
	 	 	 	 	 	Defective/worn from normal use
	 

	 	 	 	 	 	 	 	 
	 

	 	Inattention to hazards
	 	 	 	 	 	Defective/worn from abuse/misuse
	 

	 	 	 	 	 	 	 	 
	 

	 	Unaware of safe method/procedure
	 	 	 	 	 	Housekeeping/cleaning failure
	 

	 	 	 	 	 	 	 	 
	 

	 	Tried to gain or safe time
	 	 	 	 	 	Lack of preventative maintenance
	 

	 	 	 	 	 	 	 	 
	 

	 	Influence of fatigue/illness
	 	 	 	 	 	Inadequate maintenance
	 

	 	 	 	 	 	 	 	 
	 

	 	Influence of emotions/stress
	 	 	 	 	 	Exposure to environment
	 

	 	 	 	 	 	 	 	 
	 

	 	Defective vision/bodily defects
	 	 	 	 	 	Inadequate purchasing
	 

	 	 	 	 	 	 	 	 
	 

	 	Under influence of alcohol or drugs
	 	 	 	 	 	Safety inspection failure
	 

	 	 	 	 	 	 	 	 
	 

	 	Failure to enforce procedures/rules
	 	 	 	 	 	Other:
	 


	 	 Other:
	 	 	 	 	 	Unknown






INJURY/ILLNESS DATA




	 	 	 	 	 
	Describe the nature and extent of injury/illness (body part
affected, type of injury, etc.)	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	 






	 	 	 	 	 	 	 	 	 
	Was first aid administered?

	 	Yes
 _____ 


	 	No
 _____ 


	 	If yes, what type and by whom	 	 
	 

	 	 	 	 	 	 	 	 






	 	 	 	 	 	 	 
	Was employee taken to hospital/clinic?


	 	Yes
	 	No
	 	If yes, list name, address and phone number of






	 	 	 
	hospital/physician/nurse
attending
	 	 
	 

	 	 






	 	 	 	 	 
	List any eyewitnesses to the incident and others who might
provide information about the incident	 	 
	 

	 	 	 	 






INClDENT/lLLNESS EVALUATION



How did the incident occur? Describe in detail the task the employee was doing
when injured or
became ill. Include specifics such as equipment,
structure tools, materials, objects (size, shape, and weight), people involved in the task,
positions, distances, rate of movement, sequence of events,
etc.




	 	 	 
	 
	 
	 	 
	 
	 
	 	 
	 
	 
	 	 
	 
	 
	 	 
	 






					
	 	 	 	 	 
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(Attach any additional information comments, documentation of interviews, sketches, pictures, etc. as necessary)



Incident Investigation Report

Incident/Illness Evaluation (continued)




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Type of exertion/body motion during injury:

	 	 	 	Pull
	 	 	 	Lift
	 	 	 	Bend
	 	 	 	Reach
	 	 	 	Twist
	 	 	 	Other
	 	 
	 

	 	 	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Was this the employee’s regular job?

	 	 	 	Yes
	 	 	 	No
	 	 	 	How much experience does this employee have on this job?
	 	 
	 

	 	 	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	Was the employee trained in this job or task?

	 	     Yes
	 	 	 	No
	 	 	 	When was last training on this task?
	 	 
	 

	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Was this the employee’s first job-related injury or illness?

	 	Yes
	 	 	 	No
	 	 	 	If no, briefly describe previous injuries (date, nature,
	 

	 	 	 	 
	 	 	 	 	 	 






	 	 	 
	extent, etc.)

	 	 
	 

	 	 






	 	 	 	 	 	 	 
	Hours of overtime worked in last 24 hours

	 	 	 	Did this possibly contribute to incident? If so, describe
	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Does a safety rule or policy apply to this task?

	 	Yes
	 	 	 	No
	 	 	 	If yes, describe rule and how employee followed or violated
	 

	 	 	 	 
	 	 	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	Does a specific procedure for task exist?

	 	Yes
	 	 	 	No
	 	 	 	If yes, describe procedure briefly and if it was followed
	 	 
	 

	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Is protective equipment required for this task?

	 	 	Yes	 	 	 	No	 	 	If yes, describe equipment, if it was used, if it was
	 

	 	 	 	 
	 	 	 	 	 	 






	 	 	 
	adequate/functioned properly, and if the employee(s) were trained on it.

	 	 
	 

	 	 






	 	 	 	 	 	 	 	 	 
	Is there possibly any third party which contributed to the incident? (Other contractors, employee, etc.)

	 	Yes
	 	 	 	No
	 	 
	 

	 	 	 	 
	 	 	 	 






	 	 	 
	If yes, describe.

	 	 
	 

	 	 






	 	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 
	 	 	 	 	 	 
	Did any unsafe physical/environmental conditions exist?

	 	Yes
	 	 	 	No
	 	 	 	If yes, describe conditions (physical,
	 

	 	 	 	 
	 	 	 	 	 	 
	mechanical, electrical, etc.) which contributed to the incident
	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 
	 	 	 	 	 	 
	Is material handling equipment required for this task?

	 	Yes
	 	 	 	No
	 	 	 	If yes, was it used and did it function properly?
	 

	 	 	 	 
	 	 	 	 	 	 






   Possible actions to be taken to prevent reoccurrence



	 	 	 	 	 	 	 	 	 	 	 
	 

	 	Reinstruction of employee(s) involved
	 	 	 	Do/revise Job Safety Analysis
	 	 	 	Repair/replace/modify equipment
	 

	 	 	 	 
	 	 	 	 	 	 
	 

	 	Preventative instruction of others who do job
	 	 	 	Revise/establish safety rule
	 	 	 	Improve clean-up procedure
	 

	 	 	 	 
	 	 	 	 	 	 
	 

	 	Training of employee(s)
	 	 	 	Reassign employee to another job
	 	 	 	Improve inspection procedure
	 

	 	 	 	 
	 	 	 	 	 	 
	 

	 	Action to improve enforcement
	 	 	 	Require/replace protective equipment
	 	 	 	Eliminate/reduce congestion
	 

	 	 	 	 
	 	 	 	 	 	 
	 

	 	Reprimand/discipline of employee(s) involved	 	 	 	Install safety guard device
	 	 	 	Improve design/construction
	 

	 	 	 	 
	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	 	 	Improve environmental conditions






CORRECTIVE
ACTION(S) TAKEN OR PLANNED




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	Completion	 
	 	 	 	 	 	 	Estimated	 	 	Confirmed	 
	What was/will be done	 	By Whom	 	 	Completion Date	 	 	Date	 	 	Initials	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Incident discussed with employee to prevent reoccurrence?

	 	 	 	Yes
	 	 	 	No
	 	 	 	Date	 	 
	 

	 	 	 	 	 	 
	 	 	 	 
	 	 	 	 
	Any disciplinary action taken?            Yes       No       If yes, describe what type.	 	 






FOLLOW UP COMMUNICATION




	 	 	 	 	 	 	 	 	 	 	 
	YES	 	 	 	NO	 	 	 	Incident site reviewed
by supervisor with employee (and safety coordinator if applicable.)
	YES

	 	 

	 	NO
	 	 

	 	 Incident
review meeting conducted. Attended by	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	YES	 	 	 	NO	 	 	 	Employee or supervisor reviewed incident with work group.
	YES

	 	 

	 	NO
	 	 

	 	Employee reviewed injury with safety committee
	 	 
	YES

	 	 

	 	NO
	 	 

	 	 Project
Safety informed of incident	 	 
	 

	 	 

	 	 	 	 

	 	 	 	 






											
	Date of Report

	 	 	 	Prepared by
	 	 	 	Title	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 

	 	 	 	 	 	Signature	 	 	 	 
	Reviewed by

	 	 	 	Superintendent	 	 	 	 	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






					
	 	 	 	 	 
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	 	RIVER CITY OCIP
	 
	 	FORM 1






RIVER CITY CASINO & HOTEL OCIP

Notice of Subcontract Award

Request for Insurance




	 	 	 	 	 
	Willis.
	 	 	 	 
	Attn: Gina Neal

	 	Phone:
	 	314-395-6615
	224 N. Hwy 67 Suite 193

	 	Fax:
	 	314-395-1880
	Florissant, MO 63031

	 	E-mail:
	 	Gina.Neal@willis.com






	 	 	 	 	 	 	 
	RE:

	 	Project Name:	 	 	 	 
	 

	 	 	 	 

	 	 





This is to inform you that we have awarded the following subcontract to the following Subcontractor:




	 	 	 
	Name of Firm:
	 	 
	 

	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Address:

	 	 	 	City:
	 	 	 	State:
	 	 	 	Zip:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Phone: (                    )

	 	 	 	Fax: (                    )
	 	 	 	Federal Employer’s ID#:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	Office Contact:

	 	 	 	E-Mail:	 	 
	 

	 	 
	 	 	 	 
	 
	 	 	 	 	 	 
	Safety Contact:

	 	 	 	E-Mail:	 	 
	 

	 	 
	 	 	 	 
	 
	 	 	 	 	 	 
	Type of Work:

	 	 	 	Job	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	*Start Date:

	 	 	 	Estimated Completion Date:
	 	 	 	Contract Value:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Estimated Payroll: $

	 	 	 	Est Manhours:
	 	 	 	Est. # of Subcontractors:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	 	 	Awarding Contractor:	 	 
	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:	 	 	 	 
	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	Title:	 	 	 	 
	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	Date:	 	 	 	 
	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	Prime Contractor (if different)	 	 
	 

	 	 	 	 	 	 





DO NOT complete this form for your own company. A form-1 should be completed on each of your subcontractors.



• Award Date — date Notice to Proceed was given (Verbally or in Writing)



• Start date is mandatory—the date contractor is anticipated to begin work at the Project Site



• Any Contractors or Subcontractors who enrolls in the OCIP 10 days after their start date will have to
provide a No Known Loss Letter to the Carrier along with the enrollment documentation.




					
	 	 	 	 	 
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	 	July 31, 2008
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River City OCIP-

FORM 2      




RIVER CITY CASINO & HOTEL OCIP

INSURANCE COST IDENTIFICATION WORKSHEET




CONTRACTOR INFORMATION




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	Contractor:

	 	 
	 	Indv
	 	 
	 	Ptshp
	 	 
	 	Corp
	 	 
	 	J/V
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Address:	 	 	 	FEIN:	 	 	 	 	 	 
	 	 	 	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Office Contact:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Site Contact:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Safety Contact:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Insurance Contact:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Payroll Contact:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	Address (if different):
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 






			
	 	 	 
	CONTRACT INFORMATION
	 	Contract Value: $                    






	 	 	 	 	 	 	 
	 
	Job Name/Description:

	 	 	 	Contract/JOB #:	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	Awarding Contractor:

	 	 	 	Prime Contractor:	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Award Date:

	 	 	 	Start Date:
	 	 	 	Est. Completion Date:
	 	 	 	Self Preformed                     %, $	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	Subcontracted                     %;

	 	$                     Est. # of Subcontractors
	 	 	 	Est. Manhours
	 	 	 	DBE/MBE/WBE:	 	 
	 

	 	 	 	 
	 	 	 	 
	 	 	 	 






CURRENT INSURANCE INFORMATION;




Contractor’s Insurance Broker or Agent:                    PLEASE PRINT




	 	 	 	 	 	 	 	 	 
	Company Name:

	 	 	 	Contact:	 	 
	 	 	 	 	 	 	 	 	 
	City:

	 	 	 	 	 	Phone:
	 	(     )       
                   
               
     
     
	 	 	 	 	 	 	 






WORKERS’ COMPENSATION







	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Current WC Ins Co:

	 	 	 	 	 	 	 	Policy Period:	 	 	 	 	 	 
	 	 	 	 	 	 	 
	Experience Modifier:

	 	 	 	Rate Date:
	 	 	 	Deductible:
	 	 	 	Retention:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






A. Workers’ Compensation (Project Site Payroll Only)

Attach additional pages if required. Attach copy of declaration page and rate sheets for WC Policy




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	W.C. Rate/	 	 	 	 	 	 
	W.C. Classification	 	W.C. Code	 	 	$100 Payroll	 	Estimated Payroll	 	 	Premium	 
	1.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	2.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	3.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	4.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	5.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6.
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Subtotal
	 	 	 	 	 	 	 	 	 	 
	*It is extremely important to accurately estimate all onsite payroll anticipated for this
contract. Payroll should be raw wages
without burden, fringes, or overtime premium: but should include sick, vacation, holiday
pay and imputed income. All WC rules for
Missouri are applicable.


Composite Rates and Corporate Allocations, must reflect the breakout of insurance cost
(actual rating calculations). See Section 11.2
of the OCIP Manual.
	 	Increased Limit Factor:	 	$	 	 
	 	Experience Modifier	 	$	 	 
	 	Discounts	 	$	 	 
	 	Surcharges/Assessments	 	$	 	 
	 	 	 	 	 	$	 	 
	 	 	 	 	 	 	 	 
	Although Deductible and Self-Retention Credits are to be identified, they should
not be used in the calculation of
insurance cost.
	 	Deductible Credit^

   OR	 	$	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	 	Self Insured	 	$	 	 	 	 	 	 
	 	Retention	 	 	 	 	 	 	 	 
	The OCIP provides first dollar coverage for all contractors.

	 	Total WC Premium	 	A.$	 	 






It is each Contractor’s responsibility to notify its own insurance carrier to exclude all work
to be done under this contract from your current insurance program. Any Contractors or
Subcontractors who enrolls in the OCIP 10 days after their start date will have to provide a
No Known Loss Letter to the Carrier along with the enrollment documentation.



					
	 	 	 	 	 
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OCIP Manual
	 	Page 1 of 2
	 	July 31, 2008







 












 




RIVER CITY CASINO & HOTEL OCIP

INSURANCE COST IDENTIFICATION WORKSHEET




GENERAL LIABILITY




	 	 	 	 	 	 	 
	Contractor Name:
	 	 	 	 	 	 
	 	 	 
	Current GL Ins Co:

	 	 	 	Policy Period:	 	 
	 

	 	 
	 	 	 	 





Current GL rate is based on: o payroll or o receipts per o $100 o $1,000 or o receipts or Flat Premium o




	 	 	 	 	 	 	 
	If GL is based other than Payroll/Receipts describe: 

	 	 	 	Deductible: Retention: 
	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Total WC Premium from previous page	 	A.$
	B. General Liability (Project Site Payroll/Receipts Only)
	Attach additional pages if required. Attach copy of declaration page and rate sheets for GL Policy
	 	 	 	 	 	 	G.L. Rate per basis	 	Estimated	 	 
	G.L. Classification	 	G.L. Code	 	shown above	 	Payroll*/Receipts	 	Premium
	1.
	 	 	 	 	 	 	 	$	 	$
	2.
	 	 	 	 	 	 	 	$	 	$
	3.
	 	 	 	 	 	 	 	$	 	$
	4.
	 	 	 	 	 	 	 	$	 	$
	5.
	 	Subcontracted Work	 	91581 or         	 	 	 	$	 	$






	 	 	 	 	 	 	 	 	 
	Composite Rates and Corporate Allocations must reflect the breakout of insurance
cost (actual rating calculations). Although Deductible and Self-Retention
Credits are to be identified, they should not be used in the calculation of
insurance cost. The OCIP has a $5,000 property damage deductible See Section
11.2 of the OCIP Manual.	 	Deductible Credit^

OR

Self Insured
 Retention Credit^	 	$



$	 	 
	 
	 	 	 	 	 	 	 	 
	*It is extremely important to accurately estimate payrolls anticipated for this contract. Payroll should be raw wages
without burden, fringes or overtime premium: but should include sick, vacation, holiday pay and imputed income.	 	Total General

Liability Premium	 	
B.$
	 
	 	 	 	 	 	 	 	 
	C.	 	Umbrella Excess (Attach copy of declaration page and rate sheets for XS.	 	 	 	C.$
	 
	 	 	 	 	 	 	 	 
	 

	 	Rate:                      per $                    	 	 	 	 	 	 
	 	 	Name of Insurer:                                                              Term:     
                	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	D.	 	Estimated Subcontractor Premiums (Attach Cost Identification Sheet for Each Subcontractor or calculate 2.5% of Subcontract value for each
subcontractor’s estimated insurance cost). See Section 11.1.2.a of the OCIP Manual.	 	D.$
	 
	 	 	 	 	 	 	 	 
	E.	 	TOTAL PREMIUMS (A + B + C + D)

“Total Premiums” indicated in E represent the Total Insurance Cost the Contractor has identified	 	 	 	E.$






It
is each Contractor’s responsibility to notify its own insurance carrier to exclude all work
to be done under this contract from your current insurance program. Any Contractors or
Subcontractors who enrolls in the OCIP 10 days after their start date will have to provide a No
Known Loss Letter to the Carrier along with the enrollment documentation.



AGREEMENT





The OWNER, or their Agent, is granted permission by Contractor to inspect the insurance and
payroll records used in determining the contractor’s insurance cost as shown above. The
Owner/awarding contractor will deduct the above amount from Contractor’s bid by change order.
At completion of the Work, Owner’s Agent shall audit the project payroll records of Contractors
and adjust Contract amount for final audited insurance premiums in accordance with the
insurance premium audit provisions of the insurance policy. Any and all returns of premiums,
dividends, discounts or other adjustments to any OCIP policy is assigned, transferred and set
over absolutely to OWNER. This assignment is valid for insurance policies whose premiums have
been paid by the OWNER on behalf of such Contractors.




	 	 	 	 	 	 	 	 	 	 	 
	Signed

	 	 	 	Title
	 	 	 	Date
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






	 	 	 
	Send this Form to:

	 	Gina Neal—Willis, 224 N. Hwy 67 Suite 193, Florissant, MO 63031
	 

	 	Phone: 314-395-6615           Fax: 314-395-1880           E-mail: gina.neal@willis.com






	 	 	 	 	 
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	 	Page 2 of 2
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River City - FORM 2A




RIVER CITY CASINO & HOTEL OCIP

Supplemental Insurance Cost Identification Worksheet*




*  T&M Contracts or Contracts under $30,000 (project cumulative total) or Contracts 30 days
or less



CONTRACTORS INFORMATION




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Contractors:

	 	 	 	Indv
	 	 	 	Ptshp
	 	 	 	Corp
	 	 	 	J/V	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






							
	Address:

	 	 	 	FEIN:	 	 
	 

	 	 
	 	 	 	 






															
	Office Contact: 

	 	 	 	Phone: 
	 	 	 	 Fax: 
	 	 	 	E-Mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
															
	Site Contact: 

	 	 	 	Phone: 
	 	 	 	 Fax: 
	 	 	 	E-Mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
															
	Safety Contact: 

	 	 	 	Phone: 
	 	 	 	 Fax: 
	 	 	 	E-Mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






			
	 	 	 
	CONTRACT INFORMATION 
	 	Contract Value: $
                                        
                    






	 	 	 	 	 	 	 
	Job Name/Description:

	 	 	 	Contract/JOB #:	 	 
	 

	 	 
	 	 	 	 






							
	Awarding Contractors:

	 	 	 	Prime Contractors:	 	 
	 

	 	 
	 	 	 	 






																			
	Award Date:

	 	 	 	Start Date:
	 	 	 	Est Completion Date:
	 	 	 	Self Preformed 
	 	 	 	%, $	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






																			
	Subcontracted

	 	 	 	%; $
	 	 	 	Est. # of Subcontractors
	 	 	 	Est. Manhours
	 	 	 	DBE/MBE/WBE:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






CURRENT INSURANCE INFORMATION



Required insurance coverages and limits are shown in the OCIP Manual. Information disclosed on this
form is subject to audit and adjustment throughout the term of the construction project.



	 	 	 	 	 	 	 
	Contractor’s Insurance Broker/Agent: Company Name:

	 	 	 	Contact:	 	 
	 

	 	 
	 	 	 	 






							
	City/State/Zip:

	 	 	 	Phone: (                    ) E-Mail:	 	 
	 

	 	 
	 	 	 	 






															
	Current WC Ins Co:

	 	 	 	Policy Period:
	 	 	 	Experience Modifier:
	 	 	 	Deductible/Retention:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






															
	Current GL Ins Co:

	 	 	 	Policy Period:
	 	 	 	Deductible:
	 	 	 	 Retention:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	WC Code	 	 	Manhours	 	 	WC/GL	 	 	 	 	 	 
	Classification	 	GL Code	 	 	Incl OT	 	 	Rates	 	 	Estimated Payroll/Receipts	 	 	Premium
	l. WC
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	2. WC
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	3. WC
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	4. WC
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	5. WC
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	
*Although Deductible and Self-Retention Credits are to be identified, they will not be allowed.
Composite Rating will not be allowed without breakdown; Corporate Allocations will
not be allowed, actual cost must be shown. If you need assistance, contact the OCIP
Administrator. * It is extremely important to accurately estimate payrolls anticipated for
this contract. Payroll should be raw wages without burden, fringes or overtime premium; but should
include sick, vacation, holiday pay, and imputed income. Missouri Rules and Regulations for
 Payroll apply. See Section 11.2 of the OCIP Manual.

 	 	WC Sub Total
	 	$
	 	Increased Limits Factor
	 	$
	 	WC Experience Mod.
	 	$
	 	 	 	 	 	$
	 	 	 	 	 	$
	 	 	 	 	 	$
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	Total WC Premium 
	 	A.$
	1. GL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	2. GL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	3. GL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	4. GL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	5. GL
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	6. GL Subcontracted Work


	 	 	91585	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	The OCIP provides first dollar WC coverage for all contractors.


	 	      Total GL Premium
	 	B.$


	C. Umbrella Excess


	 	Rate:                      per
$                    	 	Total XS Prem
	 	C.$
	D. SUBCONTRACTORS PREMIUM (3% of Subcontractors’ contracts’ value) See
section 11.1.2.a of the OCIP Manual.


	 	Total Subs Premium or % 
	 	D.$
	TOTAL PREMIUM (A+B+C+D).
	 	 	 	 	 	 	 	 	 	 	 	 	 	Total A,B,C,D
	 	E.$






It is
each Contractor’s responsibility to notify its own insurance carrier to exclude all work to be
 done under this contract from your current insurance program. Any Contractors or
Subcontractors who enrolls in the OCIP 10 days after their start date will have to provide a No
Known Loss Letter to the Carrier along with the enrollment documentation.



AGREEMENT





The OWNER, or their Agent, is granted permission by Contractors to inspect the insurance and
payroll records used in determining the contractor’s insurance cost as shown above. The
Owner/awarding contractor will deduct the above amount from Contractor’s bid by change order.
At completion of the Work, Owner’s Agent shall audit the project payroll records of
Contractors and adjust Contract amount for final audited insurance premiums in accordance
with the insurance premium audit provisions of the insurance policy. Any and all returns of
premiums, dividends, discounts or other adjustments to any OCIP policy is assigned,
transferred and set over absolutely to OWNER. This assignment is valid for insurance policies
whose premiums have been paid by the OWNER on behalf of such Contractors.



	 	 	 	 	 	 	 	 	 	 	 
	Signed 

	 	 	 	Title
	 	 	 	Date	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 







			
	Send this Form to:	 	Gina Neal— Willis, 224 N. Hwy 67 Suites 193, Florissant, MO 63031

 Phone: 314-395-6615            Fax: 314-395-1880            E-mail: gina.neal@willis.com





					
	 	 	 	 	 
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	 	Page 1 of 1
	 	July 31, 2008
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	 	River
City OCIP 
FORM 3










RIVER CITY CASINO & HOTEL OCIP

SUPPLEMENTAL INSURANCE INFORMATION FORM




(Use
Only if Form-2 Has Been Completed on Another Contract or this is a Change Order)




CONTRACTOR INFORMATION:






	 	 	 	 	 	 	 	 	 	 	 
	Contractor:

	 	 	 	Contact:
	 	 	 	E-mail:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






																									
	Address:

	 	 	 	City: 
	 	 	 	State:
	 	 	 	 Zip: 
	 	 	 	Phone:
	 	 	 	Fax: 	 	 	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






CONTRACT INFORMATION




	 	 	 	 	 	 	 	 	 	 	 
	o New Contract Name/Description:

	 	 	 	Contract/JOB #: 
	 	 	 	Contract Value: $	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






											
	o Existing Contract Name/Description:

	 	 	 	Contract/JOB #:
	 	 	 	Change Order Value: $	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






							
	Awarding Contractor:

	 	 	 	Prime Contractor:	 	 
	 

	 	 
	 	 	 	 






																			
	Award Date:

	 	 	 	Start Date:
	 	 	 	Est Completion Date:
	 	 	 	Self Preformed 
	 	 	 	%, $	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






																			
	Subcontracted

	 	 	 	%; $
	 	 	 	Est. # of Subcontractors
	 	 	 	Est. Manhours
	 	 	 	DBE/MBE/WBE:	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






FOR WORK TO BE PERFORMED UNDER THIS CONTRACT:



Required limits and coverages are shown in Section VII of Contractors Insurance Manual.




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	A.Workers Compensation	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Classification	 	Code	 	 	Rate	 	 		 	 	Estimated Payroll	 	 	Premium
	l.
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	2. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	3. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	4. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	WC SUBTOTAL
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	
It is extremely important to accurately estimate payrolls anticipated for this contract.
Payroll should be raw wages without burden, fringes, or overtime premium: but should include sick, vacation, holiday pay and imputed income.


Although Deductible and Self-Retention Credits are to be identified, they will not be
allowed. Since these types of programs also require loss funding, the credits will be
substituted for the  loss pick. The OCIP provides first dollar coverage for all
contractors. Composite rates must show all surcharges and credits. Corporate
allocations will not be allowed, actual rating must be shown as required above
 	 	Increased Limits Factor	 	$
	 	WC Experience Mod.	 	$
	 	WC Discounts	 	$
	 	WC Discounts	 	$
	 	WC Surcharges	 	$
	 	 Secondary Fund	 	$
	 	 WC State Assessments	 	$
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	Total WC Premium 
	 	A.$
	B.General Liability	 	 	 	 	 	 	 		 	 	Estimated 	 	 	 
	Classification	 	Code	 	 	Rate	 	 		 	 	Payroll/Receipts*	 	 	Premium
	1.
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	2. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	3. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	4. 
	 	 	 	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	5. Subcontracted Work
	 	 	91585	 	 	 	 	 	 	 	 	 	 	$	 	 	 	$
	
	 	Total General Liability	 	B.$
	C. Umbrella/Excess Liability 
	 	 	 	$	 	C.$
	 
	D. Estimated Subcontractor Premiums (Attach Form 1/2 for Each Subcontractor (including leasing and/or temporary labor companies).

	 	 	 	D.$
	 
	E. Total insurance cost, included in bid or change order documents
	 	TOTAL (A+B+C+D)
	 	E.$






It is
each Contractor’s responsibility to notify its own insurance carrier to exclude all work to be done under this contract from your current insurance program.





	 	 	 	 	 	 	 	 	 	 	 
	Signed 

	 	 	 	Title
	 	 	 	Date	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 







			
	Send this Form to:	 	Gina Neal— Willis, 224 N. Hwy 67 Suite 193, Florissant, MO 63031

 Phone: 314-395-6615            Fax: 314-395-1880           E-mail: gina.neal@willis.com





					
	 	 	 	 	 
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	 	River
City OCIP
	 

	 	FORM 4






RIVER CITY CASINO & HOTEL OCIP

NOTICE OF ANTICIPATED COMPLETION




	 	 	 	 	 
	Willis
	 	 	 	 
	Attn: Gina Neal

	 	Phone:
	 	314-395-6615
	224 N. Hwy 67 Suite 193

	 	Fax:
	 	314-395-1880
	Florissant, MO 63031

	 	E-mail:
	 	gina.neal@willis.com






	 	 	 	 	 
	Please be advised, we,

	 	 	 	are scheduled to complete our work for:
	 

	 	 	 	 
	 

	 	(Name of Contractor Film)	 	 






	 	 	 	 	 	 	 
	Awarding Contractor

	 	 	 	Prime:	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 
	Job Name/Description:

	 	 	 	Start Date:
	 	 	 	Completion Date: 
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	^Original Contract Value: $

	 	 	 	^Final Contract Value: $
	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	^Self Performed Work: $

	 	 	 	^Subcontracted Work: $
	 	 
	 

	 	 
	 	 	 	 






	 	 	 
	*Change Orders:

	 	 
	 

	 	 






	 	 	 	 	 	 	 
	Original Actual Payroll: $

	 	 	 	Final Actual Payroll: $
	 	 
	 

	 	 
	 	 	 	 






*   
Note: All Change Orders must have a Form-3 identifying the insurance cost included. If these
have not been furnished to the administrator during construction - one form can be completed
showing total of all change orders and the appropriate insurance cost.



All Contract Values should include all insurance cost



We used the following enrolled subcontractors who will also complete their work on the date shown above:



	 	 	 	 	 
	Subcontractors	 	Final Contract Value	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 






We used the following subcontractors who were not enrolled in the OCIP along with their
subcontract values, they will also complete their work on the date shown above:



	 	 	 	 	 
	Subcontractors	 	Final Contract Value	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 
	 
	 	$	 	 
	 	 	 






	 	 	 	 	 	 	 	 	 
	 

	 	This is our only contract at the
	 	 	 	Project.
	 	 
	 

	 	 	 	 	 	 	 	 






	 	 	 	 	 	 	 	 	 
	 

	 	We are still working on the following jobs at the
	 	 	 	Project.
	 	 
	 

	 	 	 	 	 	 	 	 






	 	 	 	 	 
	Awarding Contractors	 	Job Name/Description	 	Prime
	 
	 	 	 	 
	 

	 	 
	 	 
	 
	 	 	 	 
	 

	 	 
	 	 
	 
	 	 	 	 
	 

	 	 
	 	 
	 
	 	 	 	 
	 

	 	 
	 	 






	 	 	 	 	 	 	 
	Your Company’s Name:

	 	 	 	Date:	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	By:

	 	 	 	Title	 	 
	 

	 	 
	 	 	 	 






Final insurance audits may be made under the applicable policies. Please show who in your
office (or another location if applicable) is responsible for this information:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Name:

	 	 	 	Phone:
	 	 	 	Fax:
	 	 	 	E-Mail:
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Address:

	 	 	 	City:
	 	 	 	State:
	 	 	 	Zip
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






Substantial Completion Form-4




					
	 	 	 	 	 
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	 	River
City OCIP -
	 

	 	FORM 5






River City Casino & Hotel OCIP

PROJECT SITE PAYROLL REPORTING FORM




	 	 	 
	Contractor:

	 	 
	 

	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Address:

	 	 	 	City:
	 	 	 	State:
	 	 	 	Zip:
	 	 
	 

	 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	Phone:

	 	 	 	Fax:
	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 
	Awarding Contractor:

	 	 	 	Construction Manager:
	 	 
	 

	 	 
	 	 	 	 






Please indicate Project Site Payroll and forward to CIP Administrator by the 10th of the
month. Please retain a copy for your files.



If this is your first payroll report, when did you start on site?




Is this is your final payroll report for this contract?




	 	 	 	 	 	 	 
	LOCATION CODE (For this Contract):

	 	 	 	MONTH ENDING):
	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	WORKER’S COMPENSATION	 
	WC Classification Description	 	Manhours	 	 	WC Code	 	 	Actual Payroll	 
	1.
	 	 	 	 	 	 	 	 	 	 	 	 
	2.
	 	 	 	 	 	 	 	 	 	 	 	 
	3.
	 	 	 	 	 	 	 	 	 	 	 	 
	4.
	 	 	 	 	 	 	 	 	 	 	 	 
	5.
	 	 	 	 	 	 	 	 	 	 	 	 
	Total
	 	 	 	 	 	 	 	 	 	 	 	 






	 	 	 	 	 	 	 	 	 	 	 	 	 
	GENERAL LIABILITY	 
	GL Classification Description	 	Manhours	 	 	GLCode	 	 	Receipts/Other	 
	1.
	 	 	 	 	 	 	 	 	 	 	 	 
	2.
	 	 	 	 	 	 	 	 	 	 	 	 
	3.
	 	 	 	 	 	 	 	 	 	 	 	 
	4.
	 	 	 	 	 	 	 	 	 	 	 	 
	5.
	 	 	 	 	 	 	 	 	 	 	 	 
	6. Subcontracted Work
	 	 	 	 	 	 	95185	 	 	 	 	 
	Total
	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Monthly
Receipts (Amount on Monthly Pay Application)
	 	 	 	 	 	 	 	 	 	$	 	 







	•	 	It is extremely important to accurately estimate payrolls anticipated for this contract.
Payroll should be raw wages without burden, fringes, or overtime premium: but should include
sick, vacation, holiday pay and imputed income.
	 
	•	 	Earnings for overtime should be included only at straight hourly rates. Do Not Include the
Extra Wages Paid for Overtime Hours. Overtime means those hours in
excess of 8 hours worked each day, 40 hours in any week or on
Saturdays, Sundays, or holidays, but only when there is an increase in the hourly rate to work
such hours.
	 
	•	 	Hours should be shown on overtime.
	 
	*	 	If GL is based on payroll – only show the classification description and codes, manhours and
payroll are already shown under WC.





The above is a true and complete statement of the entire remuneration of services rendered by
employees of the company shown above.



	 	 	 
	Signature:

	 	 
	 

	 	 






	 	 	 	 	 	 	 
	Title:

	 	 	 	Date	 	 
	 

	 	 
	 	 	 	 






	 	 	 	 	 
	Send this Form to:	 	Gina Neal—Willis, 224 N. Hwy 67 Suite 193, Florissant, MO 63031
	 

	 	Phone: 314-395-6615           Fax: 314-395-1880 E-mail:
gina.neal@willis.com	 	 






					
	 	 	 	 	 
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	Revision	 	 	 	 
	Date	 	Page Number	 	Description of Change
	8/11/08
	 	4	 	Clarified the Builders’
Risk Deductible is to be borne by the Contractor/Subcontractor(s) who
caused the loss
	 
	 	 	 	 
	 
	 	5	 	On-Site Activities — added
wording “and as outlined by the Builders’ Risk policy”.
	 
	 	 	 	 
	 
	 	11	 	Item (2) CGL — Clarified Item a) 4. to read that the $5,000 PD deductible is the responsibility of the contractor who cause the loss.
	 
	 	 	 	 
	 
	 	13	 	Contractor-Provided
Coverage-included wording as stated in the contract that the
products-completed operations should be carried for two year after completion on the project.
	 
	 	 	 	
	 
	 	 	 	 
	07/31/08
	 	13-14	 	Additional Insured Language — Consultants added for RCC as they apply to Yates/Paric
	 
	 	 	 	 
	 
	 	 	 	Pinnacle Entertainment, Inc. name added with endorsed name Casino One
	 
	 	 	 	 
	07/22/08
	 	4	 	Builders Risk Policy Number and Deductible
	 
	 	 	 	 
	 
	 	21	 	St Anthony’s Medical
Clinic
 Updated to Concentra Medical Center (Soulard Clinic)
	 
	 	 	 	 
	03/12/08
	 	4	 	Deleted — Builders Risk Language, (TBD)
	 
	 	 	 	 
	 
	 	5	 	Addition of site description specific to the River City Road Project
	 
	 	 	 	 
	 
	 	6, 7, 13, & 14	 	Pinnacle Entertainment, Inc endorsement. Named changed to Casino One Corporation
	 
	 	 	 	 
	01/14/08
	 	2	 	Deleted — One of Willis’ OCIP Consultant information, Pam Robertson —  “employee change in work duty”
	 
	 	 	 	 
	 
	 	3	 	Updated — New Fax number for Zurich claims
	 
	 	 	 	 
	 
	 	 	 	From — 913-345-4327
to 913-345-1582
	 
	 	 	 	 
	 
	 	 	 	Medical Only Adjuster — changed from Lyla Grady to Joanna KO
	 
	 	 	 	 
	 
	 	14	 	Additional Insured Wording —
	 
	 	 	 	Added Fred Weber, Inc. as additional insured
	 
	 	 	 	 
	01/17/07
	 	Pinnacle Entertainment OCIP Policy and Procedures Manual	 	Original Printing of the Policy and Procedure Manual






					
	 	 	 	 	 
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EXHIBIT Q

OMITTED



 


 









 





EXHIBIT R

REQUIRED INSURANCE COVERAGES



 


 









 





Automobile Liability Insurance:




Minimum
Combined Single Limit that shall not be less than $1,000,000 per
occurrence Commercial Automobile Liability Insurance to cover all vehicles owned by, hired by, or used on behalf of the Prime Contractor/Subcontractor,




Workers’ Compensation and Employer’s Liability Insurance:



Statutory Limits with All States Endorsement and minimum Employer’s Liability Limits will be
provided as follows:



(a) $1,000,000 Bodily Injury with Accident — Each Accident;



(b) $1,000,000 Bodily Injury by Disease — Policy Limit



(c) $1,000,000 Bodily Injury by Disease — Each Employee; and



(d) The policy will be endorsed to exclude “The Project” if you are a participant in
the OCIP.


Commercial General Liability Insurance:



$1,000,000 Bodily Injury and Property Damage Limit for each occurrence



$2,000,000 General Aggregate




$2,000,000 Products/Completed Operations Aggregate



Coverage shall include the following:



Occurrence Basis;



Premises operations;



Contractual Liability;



Products/Completed Operations;



Broad Form Property Damage; and



Independent Prime Contractor/Subcontractors



Such policy must be issued upon an “occurrence” basis, as distinguished from a “claims made” basis.




Excess Liability Insurance:



 $25,000,000



*$5,000,000



*Limits required of Subcontractors unless otherwise noted in Bid Documents.



Coverage
should apply and follow form over primary coverages shown above.



River City Casino & Hotel 14 July 31, 2008



OCIP Manual



Limits must apply: Any one occurrence and general aggregate annually; and Annual Aggregate Products and Completed Operations.






Coverages and Terms:



Excess of General Liability




Excess of Employer’s Liability




Completed Operations




NOTE: If a Contractor/Subcontractor participating in the OCIP chooses to have the policy endorsed
to include “The Project” Site during the construction period, coverage should be Excess and/or
Difference in Conditions (DIC) of the OCIP. This cost should not be passed back to the Owner.
Inclusion of “The Project” Site on such insurance policies shall not replace the OCIP coverage or
otherwise affect the cost identification requirement in paragraph 11.2.