Exhibit 10.1





Exhibit 10.1




AGREEMENT




FOR




GUARANTEED MAXIMUM PRICE

CONSTRUCTION SERVICES




BETWEEN




PNK (BATON ROUGE) PARTNERSHIP

(“Owner”)




AND




MANHATTAN CONSTRUCTION COMPANY

(“Contractor”)




FOR




OWNER’S BATON ROUGE 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
	 	 	  5	 
	1.12 Major Permits
	 	 	  5	 
	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
	 	 	  6	 
	1.19 Substitution
	 	 	  6	 
	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
	 	 	20	 
	 
	 	 	 	 
	4.1 Definitions
	 	 	 20	 
	4.2 Time is of the Essence
	 	 	 21	 
	4.3 Completion Guarantees
	 	 	 21	 
	4.4 Liquidated Damages
	 	 	 22	 
	4.5 Intentionally omitted
	 	 	 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
	 	 	 26	 
	5.4 Owner’s Right To Withhold
	 	 	 27	 
	5.5 Joint Payee Checks
	 	 	 30	 






 


 









 





	 	 	 	 	 
	5.6 Retention
	 	 	 30	 
	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
	 	 	 33	 
	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
	 	 	 36	 
	6.7 Good Faith
	 	 	 37	 
	6.8 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
	 	 	 45	 
	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
	 	 	59	 
	 
	 	 	 	 
	9.1 Subcontractors and Vendors
	 	 	 59	 
	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
	 	 	 64	 
	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	 
	11.11 Flow-Down Provisions
	 	 	 72	 
	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
	 	 	 76	 
	 
	 	 	 	 
	ARTICLE XIII CONCEALED CONDITIONS AND UNCOVERING OF WORK
	 	 	79	 
	 
	 	 	 	 
	13.1 Concealed Conditions
	 	 	 79	 
	13.2 Covering of Work
	 	 	 80	 
	 
	 	 	 	 
	ARTICLE XIV INDEMNIFICATION
	 	 	81	 
	 
	 	 	 	 
	14.1 Indemnitee
	 	 	 81	 
	14.2 Defense Costs
	 	 	 82	 
	14.3 Hazardous Materials
	 	 	 82	 
	14.4 Other Limitations
	 	 	 83	 
	14.5 Survival of Indemnification Provisions
	 	 	 83	 
	14.6 Risk
	 	 	 83	 
	 
	 	 	 	 
	ARTICLE XV INSURANCE
	 	 	84	 
	 
	 	 	 	 
	15.1 Owner Controlled Insurance Program
	 	 	 84	 
	15.2 Evidence of Coverage
	 	 	 85	 
	15.3 Deductibles
	 	 	 85	 
	15.4 Cooperation by the Parties
	 	 	 85	 
	15.5 Duration
	 	 	 85	 
	 
	 	 	 	 
	ARTICLE XVI SAFETY AND COMPLIANCE
	 	 	86	 
	 
	 	 	 	 
	16.1 Contractor’s Site Safety Responsibilities
	 	 	 86	 
	16.2 Compliance
	 	 	 87	 






 


 









 





	 	 	 	 	 
	 
	 	 	 	 
	ARTICLE XVII TERMINATION OR SUSPENSION OF THE CONTRACT
	 	 	88	 
	 
	 	 	 	 
	17.1 Material Default by Contractor
	 	 	 88	 
	17.2 Termination for Convenience
	 	 	 92	 
	17.3 Suspensions by Owner
	 	 	 93	 
	17.4 Limitations
	 	 	 94	 
	17.5 Other Rights and Remedies
	 	 	 94	 
	17.6 Contractor’s Remedies
	 	 	 95	 
	 
	 	 	 	 
	ARTICLE XVIII CHANGE IN THE WORK
	 	 	96	 
	 
	 	 	 	 
	18.1 Change
	 	 	 96	 
	18.2 Change Order
	 	 	 96	 
	18.3 Change Proposal Request
	 	 	 97	 
	18.4 Construction Change Directive
	 	 	 97	 
	18.5 Determination of Increases in Guaranteed Maximum Price
	 	 	 98	 
	18.6 Simultaneous Submittal Requirements
	 	 	 99	 
	18.7 Continued Performance
	 	 	 99	 
	18.8 Effect of Change Orders
	 	 	 99	 
	18.9 Verbal Instructions and Minor Changes in the Work
	 	 	100	 
	18.10 Waiver and Release of Contractor’s Rights
	 	 	100	 
	 
	 	 	 	 
	ARTICLE XIX RECORD KEEPING AND AUDIT RIGHTS
	 	 	101	 
	 
	 	 	 	 
	19.1 Required Accounting Records
	 	 	101	 
	19.2 Purpose and Extent of Record Access
	 	 	101	 
	19.3 Record Keeping Formats
	 	 	102	 
	19.4 Certifications
	 	 	102	 
	19.5 Flow Down Provisions
	 	 	102	 
	19.6 Remedies
	 	 	102	 
	19.7 Record Retention
	 	 	103	 
	 
	 	 	 	 
	ARTICLE XX CLAIMS
	 	 	103	 
	 
	 	 	 	 
	20.1 Definition
	 	 	103	 
	20.2 Notice
	 	 	103	 
	20.3 Pending Resolution
	 	 	103	 
	20.4 Final Settlement of Claims
	 	 	104	 
	20.5 Unresolved Claims
	 	 	104	 
	 
	 	 	 	 
	ARTICLE XXI OWNER’S LENDERS
	 	 	104	 
	 
	 	 	 	 
	21.1 Owner’s Lenders
	 	 	104	 
	21.2 Assignment and Default
	 	 	104	 
	21.3 Owner’s Lenders Election
	 	 	105	 
	21.4 Payment and Work Continuation
	 	 	105	 
	21.5 Payments
	 	 	106	 
	21.6 Audit Rights
	 	 	106	 
	21.7 Access
	 	 	106	 
	21.8 Material Changes
	 	 	106	 
	21.9 General Cooperation
	 	 	106	 
	 
	 	 	 	 
	ARTICLE XXII DISPUTE RESOLUTION AND GOVERNING LAW
	 	 	107	 
	 
	 	 	 	 
	22.1 Judicial Determination
	 	 	107	 
	22.2 Waiver of Jury Trial
	 	 	107	 
	22.3 Governing Law
	 	 	107	 
	22.4 Non-Waiver
	 	 	107	 
	22.5 Severability
	 	 	107	 






 


 









 





	 	 	 	 	 
	 
	 	 	 	 
	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
	 	 	108	 
	23.3 Use of Drawings
	 	 	108	 
	 
	 	 	 	 
	ARTICLE XXIV MISCELLANEOUS PROVISIONS
	 	 	108	 
	 
	 	 	 	 
	24.1 Assignment
	 	 	108	 
	24.2 Subordination
	 	 	109	 
	24.3 No Third-Party Beneficiaries
	 	 	109	 
	24.4 Enforceability
	 	 	109	 
	24.5 Headings
	 	 	109	 
	24.6 Counterparts
	 	 	109	 
	24.7 Legal Fees
	 	 	110	 
	24.8 Waiver
	 	 	110	 
	24.9 Intent of the Parties
	 	 	110	 
	24.10 Survival
	 	 	110	 
	24.11 Independent Contractor
	 	 	111	 
	24.12 Pinnacle Entertainment’s Compliance Committee
	 	 	111	 
	24.13 MBE/WBE and Louisiana Businesses
	 	 	111	 
	24.14 Highly Regulated Gaming Establishment
	 	 	112	 
	24.15 Entire Agreement
	 	 	112	 
	 
	 	 	 	 
	ARTICLE XXV NOTICES
	 	 	113	 
	 
	 	 	 	 
	25.1 Notice Procedures
	 	 	113	 
	25.2 Notices to Owner
	 	 	113	 
	25.3 Notices to Contractor
	 	 	113	 
	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
March 30, 2010 (the “Effective Date”) is entered into between PNK (Baton Rouge) Partnership, a
Louisiana partnership (“Owner”), and Manhattan Construction Company, (“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, hotel, 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;


 


3









 






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 3.1.7.1 of
this Agreement;




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.


 


4









 





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).



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 shall be
designated by Owner to Contractor in writing. 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) 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.


 


5









 





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.



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 intended 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 enumeration of particular
items in the Specifications and/or Drawings and/or other Contract Documents shall not be construed
to exclude other items. 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 intended results shall be binding and required as
a part of the Work as if required by all Contract Documents.


 


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. Contractor agrees, accepts and assumes
that Owner’s decision will require implementation of the most stringent requirements among
any conflicting provisions of the Contract Documents as being part of the Work. Contractor
agrees to be bound by all decisions by Owner to implement the most stringent of any
conflicting requirements within the Contract Documents. 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 more stringent requirements.




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 there is any inconsistency in the Drawings or any conflict between the Drawings and
Specifications, Contractor shall provide the better quality or greater quantity of Work or
materials, as applicable, unless Owner directs otherwise in writing.


 


7









 






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.




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 a certain maximum amount mutually agreed to by Owner and Contractor in accordance with
this Article III (“Guaranteed Maximum Price”). The Contractor shall submit the Guaranteed Maximum
Price to Owner on the date and in the manner set forth in Addendum 1 to this Agreement. 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


 


8









 






3.1.1.2 A fee to Contractor in the amount of 3.25% (“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 G attached hereto.




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 (10) 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 (5) 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. 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.


 


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3.1.5 Construction Contingency. The Guaranteed Maximum Price includes a construction
contingency (“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 3.1.7.2 or 3.1.7.3 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. 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. Owner shall receive all of
the Construction Contingency remaining unallocated at Final Completion.




3.1.6 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.




3.1.7 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.


 


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3.1.7.1 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 G
attached hereto, Owner shall, subject to Section 3.1.7.3 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 $5000.00 (subject to an aggregate maximum total of
$100,000), 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




3.1.7.2 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 3.1.5 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 3.1.7.3 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 3.1.7.1 above.




 


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3.1.7.3 Notwithstanding the provisions of Sections 3.1.7.1 and 3.1.7.2 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 (including 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 3.1.7.1 above or under Section 3.1.7.2 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.




3.1.7.4 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.






3.1.7.5 Notwithstanding the provisions of this Section 3.1.7, 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,
the Guaranteed Maximum Price shall be reduced by both (a) the Allowance Amount for
any such Allowance Item or the budgeted amount in the Guaranteed Maximum Price for
such item, and (b) a portion of the Contractor’s Fee in an amount equal to three
percent (3.25%) of 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.


 


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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 lowest price or cost
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 (“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 at
the Site. 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.




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.


 


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3.2.3 Subcontractor and Vendor Costs. Direct cost of amounts actually 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 actually 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
$250.00 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 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 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.




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.


 


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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, direct cost of amounts actually paid by Contractor for a Louisiana Tax
Bond 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;




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.


 


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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 P carried by Contractor and Subcontractors relating to the Work
and costs of insurance pursuant to Section 15.1.1 hereof, if applicable.



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;




3.3.3 Salaries and all other compensation of the Contractor’s personnel and representatives
performing any function at any location whatsoever, except for those Personnel individually
named 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;


 


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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 All direct and indirect costs of any nature relating to work arising during the
Warranty Period defined in Section 10.2 of this Agreement, for correction, removal,
replacement or disposal of any non-conforming Work, materials or equipment to the extent
defined in Article 10 of this Agreement;




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 All direct and indirect costs of any nature resulting from or attributable to either
delays, disruptions or interferences, excepting only for those costs which are expressly
identified and permitted in accordance with Article 11 of this Agreement;




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;




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 to the extent provided in Section 3.2.10 hereof;


 


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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 in excess of $10,000 aggregate 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.


 


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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.



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.



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.


 


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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 a date which is no
later than 24 months from and after the Date of Commencement.



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.



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 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.


 


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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 Forty Thousand Dollars ($40,000.00) per day for each day of delay from and after the
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.




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.



	 	 	 
	Contractor’s Initials

	 	Owner’s Initials






4.5 Intentionally omitted.


 


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4.6 Notice of Contract. Notwithstanding anything to the contrary in this Agreement, Contractor
shall not commence or perform any Work or deliver any materials to the Site until a Notice of
Contract is filed in the mortgage records of the Clerk of Court and Ex-Officio Recorder for the
Parish of East Baton Rouge pursuant to the requirements of the Louisiana Private Works Act, La.
R.S. 9:4801 et seq.. An original of the bond(s) required by Section 7.18.1 of this Agreement shall
be attached to the Notice of Contract when it is recorded. The Notice of Contract shall comply
with the requirements of the Louisiana Private Works Act, La. R.S. 9:4801 et seq., including La.
R.S. 9:4811. Owner shall deliver the Notice of Contract to Contractor on or before Owner’s
delivery of the Notice to Proceed. The Contractor shall sign and return the Notice of Contract to
Owner along with the bond(s) required by Section 7.18.1 of this Agreement. Promptly after receipt
of these materials from Contractor, Owner will record the fully executed original Notice of
Contract (with the bond(s) attached) as required by the Louisiana Private Works Act. Owner shall
provide written notice to Contractor when the Notice of Contract has been recorded.



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, 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.


 


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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.







	 	(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.








 


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	 	(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
notarized 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 notarized 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 notarized 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.



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 thirty (30) 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.


 


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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 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.




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, 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.




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.


 


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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 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 Louisiana Private Works Act or other
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.




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.


 


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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 Louisiana Uniform Commercial Code and mortgage
records 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.




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.


 


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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 The existence of Disputed Claim Amounts (as defined in the Contractor’s Certificate)
in excess of $75,000.00, in the aggregate on any one Application For Progress Payment.




5.4.24 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.



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 that remains unapplied pursuant
to this Agreement 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.


 


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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
Louisiana Private Works Act or other 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 lien in a
manner acceptable to Owner and Owner’s Lenders, all in accordance with Section 7.19 hereof.




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.


 


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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, 7.2.1, 7.2.11, 7.2.12, 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.



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.



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 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.


 


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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;




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.


 


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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 bringing all utilities to the Site, and (b) utility meters;




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;




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.


 


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6.2 Limitations. 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, is furnished solely for the convenience of Contractor only, and without
any representation, warranty or guarantee of accuracy, adequacy, correctness or completeness by
Owner and Owner hereby disclaims all such warranties, guarantees and representations. Except to the
extent set forth in Article 13 below, and except to the extent the information and materials
supplied by Owner contain inaccurate information that was not known to Contractor to be inaccurate
(and such inaccuracy would not have been reasonably discovered by Contractor in the exercise and/or
performance of its obligations under the Contract Documents), Contractor assumes the risk of such
conditions and shall fully complete the Work at no additional cost to Owner and within the Contract
Time (subject to Contractor’s right to use the Construction Contingency as provided in Section
3.1.5 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 costs).



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. Owner may change its designated “Project Representative” by written notice to Contractor.
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 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.



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.


 


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6.7 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.



6.8 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. Contractor
acknowledges and agrees that the Drawings listed in Exhibit E and previously provided to
Contractor, comply with the Guaranteed Maximum Price Premises and Assumptions.



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 has expertise and experience managing
Subcontractors on projects of similar scope within the Baton Rouge, Louisiana 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 Baton Rouge, Louisiana including the foregoing
qualifications and consistent with such other Contractor representations, warranties and
covenants contained in the Contract Documents.


 


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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 fully 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.




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


 


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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 If the Contractor observes any failure of the Contract Documents to conform with
applicable Laws (as defined in Section 7.2 of this Agreement), 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 or reasonably should have known to be contrary to Laws, the
Contractor shall assume full responsibility for such Work and shall bear all costs
(including loss and damage due to delays) of correction, repair and replacement attributable
thereto as Non-Allowable Costs of the Work.




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.


 


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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 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”); (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. Except to
the extent provided otherwise in this Agreement, including, without limitation, Section 7.3 below,
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). Applicable Laws shall supersede the
Contract Documents if there is any conflict; provided, however, that if any applicable Laws shall
necessitate a Change to or deviation from the Contract Documents, Contractor shall obtain Owner’s
written consent prior to implementing that Change. Contractor shall be responsible for failing to
report any discrepancy between the Contract Documents and applicable Laws of which Contractor knows
or should have reasonably known in the exercise of due diligence and prudent judgement and
consistent with the terms of the Contract Documents. If Contractor performs any part of the Work in
violation of any such applicable Laws, Contractor shall bear all costs of correction and adverse
scheduling impacts as Non-Allowable Costs of the Work. 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);


 


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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 major 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 Duane Duffy is 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).




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 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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7.4 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.



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.


 


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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 3.1.5 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 3.1.5
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.




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.


 


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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. Contractor shall bear the cost of, and
be liable for as a Non-Allowable Cost of the Work (subject to Section 3.2 hereof), and promptly
shall remedy, all loss and damage to any Work, tools, equipment and all other improvements and
personal property of the Site from any cause whatsoever, except to the extent of loss or damage
caused by Owner’s negligence or willful misconduct or by the negligence or willful misconduct of
Owner’s separate contractors and their agents and employees (subject to Contractor’s obligations
under the Contract Documents to coordinate and monitor the work of such other Owner contractors).
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.




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.


 


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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.


 


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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.




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.


 


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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.




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;




 


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






	 	(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 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 the 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 Louisiana, shall comply with the
requirements of the Louisiana Private Works Act La. R.S. 9:4801 et seq., including La. R.S.
9:4801, and shall be in an amount not less than 25% of the Guaranteed Maximum Price.




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.



7.19 Liens.




7.19.1 If at any time a lien is filed against the Site or any portion thereof or Owner
receives any stop notice, lien or similar claim pertaining to unpaid amounts for any labor,
goods, materials, equipment or services provided as part of Contractor’s 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 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 within five (5) business days after receipt of such
notice, lien or claim. 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 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 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 lien or claim, whether by filing 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.



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.


 


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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.



9.3 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 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.


 


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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 (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
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 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.


 


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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.



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.


 


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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 affect 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 Baton
Rouge, Louisiana 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 or an increase in the Guaranteed Maximum Price in
the event such item is delayed. 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 any
subsequent re-mobilization of the delayed Work caused solely by such delay, but (as to both
of the foregoing (a) and (b)), only if and to the extent such delay exceeds a period of
thirty (30) consecutive days following commencement of the Work, 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. 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. 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. 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, 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 3.1.5 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, 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 available
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 reasonable revisions thereto established by Owner. Any such
notice to proceed shall be by a Construction Change Directive. As part of such notice, Owner
shall have the right to require Contractor to work its own construction crews and
Subcontractors and other personnel overtime, and to direct Contractor to take all other
necessary action, including, without limitation, increasing the number of personnel and
implementing double shifts, all at no increase to the Guaranteed Maximum Price. Such
overtime work and other actions shall continue until such time as the Work has progressed so
that it complies with the stage of completion required by the then most recently Owner
approved Project Schedule. Additional
costs incurred due to such overtime work and other actions shall not result in any
adjustment in 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 fully occupy and utilize the
Work, or such designated portion thereof which are requested in writing by Owner, for all of
its intended purposes and all aspects of such Work and the Project can be open to the
general public; (b) all Project systems included in the Work (including, without limitation,
all life safety systems) are operational and functioning as designed and scheduled; (c) all
instruction of Owner’s personnel in the operation of the Project systems has been completed;
(d) all final finishes within the Contract are in place; (e) the Work is otherwise
satisfactory to Owner in accordance with the Contract Documents; and (f) no liens, claims or
encumbrances have been filed or are outstanding with respect to the Work. 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.


 


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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.




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.


 


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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.




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.




12.1.4 Notice of Substantial Completion. When Owner determines that the Work in its
entirety, or a designated portion thereof, is substantially complete and Owner issues a
“Certificate of Substantial Completion” to Contractor with respect thereto, Owner shall also
prepare and record in the mortgage records of the Clerk of Court and Ex-Officio Recorder for
the Parish of East Baton Rouge a Notice of Termination or Substantial Completion that
complies with the requirements of the Louisiana Private Works Act, La. R.S. 9:4801 et seq.,
including La. R.S. 9:4822(E).


 


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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.




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 M 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.


 


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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.




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.


 


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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.




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.




12.2.1.18 A clear Lien and Privilege Certificate issued by the Clerk of Court and
Ex-Officio Recorder of Mortgages for the Parish of East Baton Rouge with an
effective date no earlier than 31 days after the date of filing of the Notice of
Termination or Substantial Completion described in Section 12.1.4 of this Agreement
and which certificate shall indicate that there are no outstanding liens then filed
against the Site arising out of the Work.


 


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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.  Notwithstanding anything to the contrary and for the purpose of allowing
the lien period to expire (except with respect to Contractor), the date of Final Completion
shall not be before the date that is at least 31 days after the date of filing of the Notice
of Termination or Substantial Completion described in Section 12.1.4 of this Agreement.
After the occurrence of Final Completion, Owner may prepare and record a cancellation of the
Notice of Contract contemplated by Section 4.6 of this Agreement. At Owner’s request and if
Contractor has then been paid in full for all amount due under this Agreement, Contractor
shall sign the request to cancel the Notice of Contract to concur with the cancelation of
the Notice of Contract as contemplated by La. R.S. 9:4832(A)(2).



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.


 


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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 3.1.5
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, 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, regardless of whether or not such Action is caused by an Owner
Indemnitee (subject to Section 14.4 below).


 


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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, regardless of whether or not such Action is caused by a Contractor Indemnitee
(subject to Section 14.4 below).



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.


 


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14.4 Other Limitations. Subject to the provisions of this Section 14.4, the obligations in
Section 14.1 above shall apply to and include those claims, causes of action, damages, liabilities,
losses, obligations, awards, judgments, costs and expenses arising from the negligent, tortuous,
intentional or other acts of the Owner Indemnitee(s) or Contractor Indemnitee(s), as the case may
be, and such indemnification obligations are primary to any insurance in the names of the Owner
Indemnitee(s) or Contractor Indemnitee(s). 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, 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 Contractor and 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 O 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
reflects 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 Louisiana.




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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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.




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.


 


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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.



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 (as the same may be
amended, modified and supplemented from time to time by Owner), attached as Exhibit N to this
Agreement.



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.


 


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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.




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;


 


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17.1.2.3 The recordation of a Louisiana Private Works Act or other 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 7.19.1 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




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.


 


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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;




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


 


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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
	 
	 	(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.




 


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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;




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.


 


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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) 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), but
not in excess of the portion of the Guaranteed Maximum Price equitably allocable to such
Work based on the percentage such properly performed and completed Work by Contractor bears
to the total Work included within the Guaranteed Maximum Price, 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.




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, but the Guaranteed Maximum Price
shall be increased only if and to the extent such delay, suspension or interruption
exceeds a period of thirty (30) consecutive days following commencement of the Work;
and


 


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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, but the Guaranteed Maximum Price
shall be increased only if and to the extent such delay, suspension or interruption
exceeds a period of thirty (30) consecutive days following commencement of the Work.




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 Limitations. Owner shall have no liability to Contractor or any Subcontractor or Vendor,
and Contractor nor any Subcontractor or Vendor will make and they hereby waive any claim for
(a) compensation, expenses, additional fees or anticipated profits for unperformed Work,
(b) delays, acceleration or disruption, (c) lost business or other opportunities, (d) special,
indirect or consequential damages or losses or loss of use, (e) impaired bonding capacity,
(f) unabsorbed, unrealized or other overheads, or (g) general conditions costs attributable to a
termination for convenience, suspensions, reductions, delays or interruptions for convenience
(except to the extent provided in Section 17.3.2 hereof) or breach, or a termination for default by
Owner, and in no event shall there be any increase in the Guaranteed Maximum Price (except as
expressly provided in Section 17.3.2 above) or Contractor’s Fee as a result of any of the foregoing
Owner elections under Sections 17.2 or 17.3 above or due to any other delays. All amounts payable
by Owner shall be subject to Owner’s right of audit and offset.



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.


 


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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, 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.



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.


 


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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 ten (10) 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.




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. 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.


 


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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.



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 and without any
reservation of rights for future consideration. 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.


 


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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.



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.


 


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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.



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.


 


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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.



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.


 


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19.7 Record Retention. Contractor shall preserve and make available to Owner and Owner’s Lenders
at Contractor’s principal office in Houston, Texas 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 fourteen (14) 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.



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.


 


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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.



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.


 


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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).



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.


 


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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 Material Changes. Contractor and Owner acknowledge and agree that certain Changes,
including increases in the Guaranteed Maximum Price and extensions of the Contract Time, may be
subject to the approval of Owner’s Lenders and agrees that no such Changes shall become effective
without such approval.



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 Baton Rouge, Louisiana. 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 Louisiana.



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.



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, and shall not allow, suffer or permit any
Subcontractors or Vendors to, 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.


 


107









 





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.



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.


 


108









 





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.



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.


 


109









 





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. It is the express intent of the parties that both parties completely
and unconditionally waive to the full extent allowable each and all of those provisions of
Louisiana law that are in conflict with the provisions of this Agreement, provided, however, Owner
and Contractor acknowledge that some applicable provisions of the Louisiana law cannot be waived.
Accordingly, to the extent the foregoing waiver is expressly prohibited as to certain provisions
thereof, the waiver shall not be deemed to extend to those non-waivable provisions of applicable
Louisiana law. In such circumstances, if any, where one or more provisions of this Agreement are in
conflict with provisions of the applicable Louisiana law 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 Louisiana law. 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 provisions in this Agreement shall be of full force and
effect.



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.


 


110









 





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 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.



24.13 MBE/WBE and Louisiana 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 (“MBE/WBE”) as well as locally owned and operated businesses in the states in which
Pinnacle conducts business. Accordingly, the Owner requires Contractor to use its reasonable best
efforts to engage MBE/WBE and Louisiana owned and operated businesses on the Project. Certification
of firms will be in accordance with standard practices in the region/state where the Project is
located. Contractor shall maintain records of the MBE/WBE and Louisiana owned and operated
businesses utilized by Contractor and all Subcontractors and Vendors in the performance of the
Work. These records shall be maintained throughout the performance of this Agreement and for a
period of 3 years after the termination of this Agreement. From time to time at the request of
Owner, Contractor shall provide written reports to Owner of the MBE/WBE and Louisiana owned and
operated businesses utilized by Contractor, Subcontractors and Vendors in the performance of the
Work. Contractor shall require all Subcontractors and Vendors to
comply with the contracting goals and the recordkeeping and reporting requirements set forth in
this Section.


 


111









 





24.14 Highly Regulated Gaming Establishment. Contractor acknowledges that the Project includes the
construction of a gaming facility and that the construction and operation of a gaming facility are
highly regulated. Without limiting the generality of the foregoing, Contractor acknowledges (a)
that Owner’s construction and operation of the Project are subject to the Louisiana Gaming Control
Law, including the Louisiana Riverboat Economic Development and Gaming Control Act, and the
applicable gaming regulations (collectively, the “Louisiana Gaming Laws”), and (b) that the
Louisiana Gaming Control Board (the “Gaming Board”) is the sole and exclusive regulatory and
supervisory board for gaming operations and activities in Louisiana, including Owner’s construction
and operation of the Project. Notwithstanding anything to the contrary in this Agreement, the
Louisiana Gaming Laws and the regulatory and supervisory authority of the Gaming Board shall
control over any contrary or conflicting provisions in this Agreement. Furthermore, Contractor
acknowledges that, pursuant to the Louisiana Gaming Laws, Owner is obligated to ensure that certain
persons who provide certain goods and/or services to Owner must be properly licensed or permitted
by the Gaming Board. Prior to performing any portion of the Work, Contractor, at its sole cost and
expense, shall obtain all licenses and permits required by the Louisiana Gaming Laws or the Gaming
Board, including, if applicable, a finding of suitability. Contractor shall maintain any such
required licenses and permits for the entire term of this Agreement. Contractor shall also ensure
that all Subcontractors and Vendors who are required to be so licensed or permitted also obtain and
maintain such licenses and permits for the entire period in which they are performing any portion
of the Work, all to the extent required by the Louisiana Gaming Laws or the Gaming Board in order
for such Subcontractors and Vendors to perform the Work. Notwithstanding anything to the contrary
in this Agreement, neither Contractor nor any Subcontractor or Vendor shall perform any Work if the
Contractor, Subcontractor or Vendor is required to be but is not properly licensed or permitted
pursuant to the requirements of the Louisiana Gaming Laws or the Gaming Board. Owner shall have
the right to terminate this Agreement pursuant to Section 17.1 (but without any notice or
opportunity to cure) if there is a breach of any of the obligations under this Section 24.14.



24.15 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 P referenced in
this Agreement are hereby expressly incorporated herein by this reference.


 


112









 





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.

9555 Hillwood Drive

Suite 140

Las Vegas, NV 89134



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:




Duane Duffy

Manhattan Construction

2120 Montrose Boulevard

Houston, TX 77006



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.


 


113









 





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



	 	 	 	 	 	 	 	 	 
	PNK (BATON ROUGE) PARTNERSHIP	 	 
	 
	 	 	 	 	 	 	 	 
	By:	 	PNK DEVELOPMENT 8, LLC	 	 
	 
	 	 	 	 	 	 	 	 
	Its:	 	Managing Partner	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	By:	 	PINNACLE ENTERTAINMENT, INC.	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	Its:	 	Sole Member	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Clifford D. Kortman	 	 
	 

	 	 	 	 	 	 

	 	 
	 

	 	 	 	Its:
	 	Executive Vice President, Construction and Development	 	 






	 	 	 	 	 	 	 
	MANHATTAN CONSTRUCTION COMPANY	 	 
	 
	 	 	 	 	 	 
	By:
	 	/s/ Duane K. Duffy	 	 
	 	 	 	 	 
	 

	 	Its:
	 	Executive V.P.	 	 







 


114












 




EXHIBIT A




DESCRIPTION OF SITE




 


 









 













 


 









 







EXHIBIT A




LEGAL DESCRIPTION OF THE PROPERTY




PARCEL I

(Chatsworth — Tract A)




ONE (1) CERTAIN TRACT OR PARCEL OF GROUND, together with all the buildings and improvements
thereon, and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto
belonging or in anywise appertaining, situated in the Parish of East Baton Rouge, Louisiana, in
Sections 40, 41, 77 and 78, Township 8 South, Range 1 East, Greensburg Land District, and being
designated as TRACT A, containing 342.60 acres, on a map entitled “Map Showing Subdivision of a
Certain 374.51 Acre Tract and a certain 8.09 Acre Tract, Being a Portion of the Chatsworth
Plantation into Tracts A & B Located in Sections 40, 41, 77 & 78, Township 8 South, Range 1 East,
Greensburg Land District, East Baton Rouge Parish, Louisiana, for Chatsworth Estates, L.L.C.,
Claude Penn, Jr. & Yendalg, L.L.C.” prepared by Alvin Fairburn, Jr., P.L.S., Alvin Fairburn &
Associates, LLC, dated March 8, 2007, revised August 10, 2007, a copy of which map is recorded as
Original 577, Bundle 12000, of the official records of the Clerk and Recorder for East Baton Rouge
Parish, Louisiana; said Tract A having such bearings and dimensions and being subject to such
servitudes and building line restrictions of record and as shown on said map.



PARCEL III

(Chatsworth — Batture)




One certain tract or parcel of land, together with all the buildings and improvements thereon, and
all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or
in anywise appertaining, situated in Sections 40, 41, 77 and 78, Township 8 South, Range 1 East,
Greensburg Land District, East Baton Rouge Parish, Louisiana, containing 58 acres, more or less,
being more particularly described as follows. COMMENCE at the most Northwest corner of Tract B as
per the “Map Showing Subdivision of a Certain 374.51 Acre Tract & a Certain 8.09 Acre Tract, Being
a Portion of the Chatsworth Plantation into Tracts A & B Located in Sections 40, 41, 77 & 78,
Township 8 South, Range 1 East, Greensburg Land District, East Baton Rouge Parish, Louisiana, for
Chatsworth Estates, LLC, Claude Penn, Jr., and Yendalg, LLC,” by Alvin Fairburn, Jr., P.L.S.,
Alvin Fairburn & Associates, LLC, dated March 8, 2007, revised August 10, 2007, a copy of which map
is recorded as Original 577, Bundle 12000 of the official records of the Clerk and Recorder for
East Baton Rouge Parish, Louisiana; thence go South 14 degrees 03 minutes 40 seconds West along the
Westerly line of the aforesaid Tract B, and an extension thereof, a distance of 5637.19 feet to the
POINT OF BEGINNING; thence go South 66 degrees 54 minutes 19 seconds East a distance of 2140.03
feet; thence go South 61 degrees 22 minutes 21 seconds East a distance of 1848.26 feet to the
section line common to Sections 41 and 43, Township 8 South, Range 1 East, Greensburg Land
District, East Baton Rouge Parish, Louisiana; thence go South 52 degrees 51 minutes 49 seconds West
along the aforesaid common section line a distance of 770 feet, more or less, to the mean low water
line of the northeasterly bank of the Mississippi River; thence meander Northwesterly along the
aforesaid mean low
water line approximately 3500 feet to the intersection of a line passed through the Point of
Beginning, having a bearing of South 14 degrees 03 minutes 40 seconds West; thence, departing the
aforesaid low mean water line, go North 14 degrees 03 minutes 40 seconds East a distance of 700.00
feet, more or less, to the POINT OF BEGINNING.


 


 









 





PARCEL IV

(Chatsworth — River Road and Levee)




One certain tract or parcel of land, together with all the buildings and improvements thereon, and
all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or
in anywise appertaining, situated in Sections 40, 41, 77 and 78, Township 8 South, Range 1 East,
Greensburg Land District, East Baton Rouge Parish, Louisiana, containing 28.007 acres, more or
less, being more particularly described as follows. COMMENCE at the most Northwest corner of Tract
B as per the “Map Showing Subdivision of a Certain 374.51 Acre Tract & a Certain 8.09 Acre Tract,
Being a Portion of the Chatsworth Plantation into Tracts A & B Located in Sections 40, 41, 77 & 78,
Township 8 South, Range 1 East, Greensburg Land District, East Baton Rouge Parish, Louisiana, for
Chatsworth Estates, LLC, Claude Penn, Jr., and Yendalg, LLC,” by Alvin Fairburn, Jr., P.L.S., Alvin
Fairburn & Associates, LLC, dated March 8, 2007, revised August 10, 2007, a copy of which map is
recorded as Original 577, Bundle 12000 of the official records of the Clerk and Recorder for East
Baton Rouge Parish, Louisiana; thence go South 14 degrees 03 minutes 40 seconds West along the
Westerly line of the aforesaid Tract B a distance of 5342.00 feet to the Northerly right of way
line of River Road (Apparent 80’ R/W) and the POINT OF BEGINNING; thence, traversing along said
right of way line for the following seven (7) courses, go South 66 degrees 55 minutes 26 seconds
East a distance of 671.29 feet; thence go South 66 degrees 59 minutes 25 seconds East a distance of
1371.43 feet to a point of curvature; thence go along the arc of a curve to the right, having a
radius of 5769.58 feet (Delta Angle = 04 degrees 57 minutes 52 seconds, Chord Bearing = South 64
degrees 29 minutes 11 seconds East, Chord Distance = 499.76 feet) for an arc distance of 499.92
feet to the point of tangency; thence go South 61 degrees 56 minutes 34 seconds East a distance of
1185.92 feet to a point of curvature; thence go along the arc of a curve to the right, having a
radius of 1472.40 feet (Delta Angle = 10 degrees 48 minutes 00 seconds, Chord Bearing = South 56
degrees 33 minutes 06 seconds East, Chord distance = 277.13 feet) for an arc distance of 277.54
feet to the point of tangency; thence go South 51 degrees 11 minutes 32 seconds East a distance of
75.13 feet; thence go South 46 degrees 11 minutes 04 seconds East a distance of 74.63 feet; thence,
departing the aforesaid northerly right of way line, go South 47 degrees 12 minutes 57 seconds West
a distance of 275.83 feel to the section line common to Sections 41 and 43, Township 8 South, Range
1 East, Greensburg Land District, East Baton Rouge Parish, Louisiana; thence go North 61 degrees 22
minutes 21 seconds West a distance of 1848.26 feet; thence go North 66 degrees 54 minutes 19
seconds West a distance of 2140.03 feet; thence go North 14 degrees 03 minutes 40 seconds East a
distance of 295.19 feet to the POINT OF BEGINNING.


 


 









 





PARCEL V

(Lot B)




ONE (1) CERTAIN LOT OR PARCEL OF GROUND, situated in the Parish of East Baton Rouge, State of
Louisiana, in Sections 43 & 44, T8S, R1E, and being designated as LOT B, containing 32.842 acres,
on a map entitled “Boundary Survey & Resubdivision of Tracts 1, 3 and Unsubdivided Portion of
Longwood Plantation into Lots A, B, C, D, E & F Located in Sections 43 & 44, Township 8 South, Range 1
East, Greensburg Land District, East Baton Rouge Parish, Louisiana”, for Alma Fritchie, prepared
by David B. Fazekas, PLS, Ferris Engineering & Surveying, Inc., dated October 10, 1996, a copy of
which map is recorded as Original 970, Bundle 10751, of the official records of the Clerk and
Recorder for East Baton Rouge Parish, Louisiana; said Lot B having such bearings and dimensions
and being subject to such servitudes and building line restrictions of record and as shown on said
map.



Less and Except Parcel 1-1 sold to the State of Louisiana for State Project No. 257-03-15, La. 30-
La. 42 (Gardere Lane), Route La. 327 (Spur) pursuant to act of sale, registered on December 29,
1986 in Original 105, Bundle 9888.



PARCEL VII

(Lot E)




ONE (1) CERTAIN LOT OR PARCEL OF GROUND, situated in the Parish of East Baton Rouge, State of
Louisiana, in Sections 43 & 44, T8S, R1E, and being designated as LOT E, containing 27.918 acres,
on a map entitled “Boundary Survey & Resubdivision of Tracts 1, 3 and Unsubdivided Portion of
Longwood Plantation into Lots A, B, C, D, E & F Located in Sections 43 & 44, Township 8
South, Range 1 East, Greensburg Land District, East Baton Rouge Parish, Louisiana”, for Alma
Fritchic, prepared by David B. Fazekas, PLS, Ferris Engineering & Surveying, Inc., dated October
10, 1996, a copy of which map is recorded as Original 970, Bundle 10751, of the official records of
the Clerk and Recorder for East Baton Rouge Parish, Louisiana; said Lot E having such bearings and
dimensions and being subject to such servitudes and building line restrictions of record and as
shown on said map.


 


 









 





EXHIBIT B




PROJECT SCHEDULE





 


 









 







To
be provided


 


 









 





EXHIBIT C




CONTRACTOR’S PERSONNEL





 


 









 







To be provided





 


 









 







EXHIBIT D




CONTRACTOR OWNED EQUIPMENT




 


 









 







To be provided



 


 









 





EXHIBIT E




DRAWINGS





 


 











 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL ARCHITECTURAL SHEETS
	 	23	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL CIVIL SHEETS
	 	81	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL STRUCTURAL SHEETS
	 	58	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL MECHANICAL SHEETS
	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL PLUMBING SHEETS
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL ELECTRICAL SHEETS
	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL NAVAL SHEETS
	 	28	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL LIGHTING SHEETS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL SECURITY SHEETS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL FOOD SERVICE SHEETS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL INTERIOR DESIGN SHEETS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL LANDSCAPE SHEETS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL ALL SHEETS
	 	194	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL NARRATIVE OF DESIGN PACKAGES
	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 






			
	SUMMARY
	1 of 14	 






 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ARCHITECTURAL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A0.0.00	 	COVER SHEET
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A0.0.01	 	SHEET INDEX
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A1.1.03	 	SITE PLAN
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A1.3.01	 	CASINO FLOOR PLAN — LEVEL 1
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A1.3.02	 	CASINO FLOOR PLAN — LEVEL 2
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.2.01	 	HOTEL FLOOR PLAN — LEVEL 1
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.2.02	 	HOTEL FLOOR PLAN — LEVEL 2
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.2.03	 	HOTEL FLOOR PLAN — LEVEL 3
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.2.04	 	HOTEL FLOOR PLAN — LEVEL 4
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.2.05	 	HOTEL FLOOR PLAN — LEVEL 5
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A2.4.01	 	HOTEL ROOF PLAN
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.2.01	 	CASINO EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.2.02	 	CASINO EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.2.03	 	CASINO EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.2.04	 	CASINO EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.3.01	 	HOTEL EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.3.02	 	HOTEL EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A3.3.03	 	HOTEL EXTERIOR ELEVATIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A4.3.01	 	HOTEL BUILDING SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A7.6.01	 	ENLARGED HOTEL GUESTROOM PLANS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A8.2.01	 	EXTERIOR DETAILS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A9.6.01	 	PARTITION FRAMING DETAILS AND NOTES
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 
	ARCHITECTURAL
	2 of 14	 






 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	A9.6.02	 	CEILING DETAILS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL ARCHITECTURAL SHEETS
	 	23	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ARCHITECTURAL
	3 of 14	 






 


 









 











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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	CIVIL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	T1	 	TITLE AND VICINITY MAP
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	T2	 	INDEX AND KEYMAP
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-1	 	EXISTING CONDITIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-2	 	OVERALL SITE PLAN
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-3.1	 	DEMOLITION LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-3.2	 	DEMOLITION LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-4.1	 	BASELINE LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-4.2	 	BASELINE LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.1	 	PAVING LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.2	 	PAVING LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.3	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.4	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.5	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.6	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.7	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.8	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.9	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-5.10	 	SECTIONS
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.1	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.2	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.3	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.4	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.5	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.6	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.7	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.8	 	GEOMETRIC LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-6.9	 	CURVE DATA TABLES
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-7.1	 	DRAINAGE LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-7.2	 	DRAINAGE LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	C-7.3	 	DRAINAGE LAYOUT
	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 
	CIVIL
	 	4 of 14






 


 









 











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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.4	 	DRAINAGE LAYOUT	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.5	 	DRAINAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.6	 	DRAINAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.7	 	DRAINAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.8	 	DRAINAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.9	 	DRAINAGE STRUCTURE AND STORM DRAIN DATA	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-7.10	 	OVERALL DRAINAGE PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.1	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.2	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.3	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.4	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.5	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.6	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.7	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-8.8	 	GRADING LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.1	 	PLAN AND PROFILE — BASELINE A	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.2	 	PLAN AND PROFILE — BASELINE A	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.3	 	PLAN AND PROFILE — BASELINE A	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.4	 	PLAN AND PROFILE — BASELINE A	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.5	 	PLAN AND PROFILE — BASELINE A	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.6	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.7	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.8	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.9	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.10	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.11	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-9.12	 	PLAN AND PROFILE — U.S. ARMY CORPS BASELINE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-10.1	 	BASIN LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.1	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.2	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.3	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.4	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.5	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







			
	 	 	 
	CIVIL	 	5 of 14






 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.6	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.7	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.8	 	STRIPING AND SIGNAGE LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-12.9	 	STRIPING AND SIGNAGE DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-13.1	 	ADA LAYOUT AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-13.2	 	MISCELLANEOUS DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-13.3	 	MISCELLANEOUS DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-13.4	 	CONCRETE SLOPED PAVEMENT LAYOUT AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-14.1	 	UTILITY LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	C-14.2	 	UTILITY LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S-1	 	SITE STRUCTURAL LAYOUT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S-2	 	PEDESTRIAN BRIDGE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S-3	 	CASINO ACCESS PLATFORM	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S-4	 	LEVEE ACCESS DRIVE STRUCTURE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S-5	 	T-WALL DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	R-1.1	 	BASIN ARMORMENT DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	R-2.1	 	BASIN ARMORMENT DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	R-3.1	 	BASIN ARMORMENT DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL CIVIL SHEETS	 	81	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







			
	 	 	 
	CIVIL	 	6 of 14





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	STRUCTURAL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	HOTEL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	                                                     	 
	 
	 	S0.01	 	COVER SHEET	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.11	 	GENERAL NOTES	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.12	 	GENERAL NOTES	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00	 	PILE CAPACITY PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01	 	HOTEL FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01.1	 	CENTRAL PLAN FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.02	 	LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.02.1	 	CENTRAL PLANT SLAB FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.03	 	LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.04	 	LEVELS 3-5 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.05	 	ROOF FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.02	 	WALL ELEVATIONS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S4.11	 	COLUMN DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S4.21	 	COLUMN DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.01	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.02	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.03	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.04	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.11	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.12	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.13	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.21	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.31	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.41	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







			
	 	 	 
	STRUCTURAL
	 	7 of 14






 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.42	 	SECTIONS AND DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	            	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S6.11	 	PILE CAP PLANS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S6.12	 	PILE CAP PLANS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	CASINO	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.01	 	COVER SHEET	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.11	 	GENERAL NOTES	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S0.12	 	GENERAL NOTES	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S1.11	 	NET WIND LOAD UPLIFT PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S1.12	 	GROSS WIND LOAD DOWNWARD PRESSURE PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00	 	PILE CAP TYPES PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00A	 	FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00B	 	FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00C	 	FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.00D	 	FOUNDATION PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01A	 	LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01B	 	LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01C	 	LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.01D	 	LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.03A	 	LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.03B	 	LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.03C	 	LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.03D	 	LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.11A	 	ROOF LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.11B	 	ROOF LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.11C	 	ROOF LEVEL 1 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.11D	 	ROOF LEVEL 1 FRAMING PLAN	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.12A	 	ROOF LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	STRUCTURAL
	8 of 14	 





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S2.12B	 	ROOF LEVEL 2 FRAMING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.01	 	BRACE ELEVATIONS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S3.12	 	TRUSS PROFILES	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.11	 	SECTIONS AND DETAILS CONCRETE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.21	 	SECTIONS AND DETAILS STEEL	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.22	 	SECTIONS AND DETAILS STEEL	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.31	 	SECTIONS AND DETAILS BRACE CONN. SCHEDULE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	S5.41	 	SECTIONS AND DETAILS TRUSS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL STRUCTURAL SHEETS	 	58	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	STRUCTURAL
	9 of 14	 





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	MECHANICAL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	MEP0.00	 	SITE PLAN, MECHANICAL, ELECTRICAL, PLUMBING	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	M1.00	 	CENTRAL PLANT MECHANICAL PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL MECHANICAL SHEETS	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	MECHANICAL
	10 of 14	 





 


 









 









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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	PLUMBING	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	P1.00	 	CENTRAL PLANT PLUMBING PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL PLUMBING SHEETS	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	PLUMBING
	11 of 14	 





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	ELECTRICAL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	E2.01	 	CENTRAL PLANT ELECTRICAL PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL ELECTRICAL SHEETS	 	1	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	ELECTRICAL
	 	12 of 14





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	NAVAL	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A45	 	COVER SHEET	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A10	 	PILE ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A11	 	HOLD & TANK ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A12	 	BARGE MAIN DECK ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A13	 	LOWER CASINO DECK ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A14	 	UPPER CASINO DECK ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A15	 	ROOF DECK ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A19	 	TRUSS KEY PLAN	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A20	 	BARGE TRUSS WIREFRAME ARRANGEMENT	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A21	 	TRANSVERSE SITE SECTIONS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A22	 	LONGITUDINAL SITE SECTION	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-A24	 	ELEVATION SECTIONS THROUGHOUT CONSTRUCTION	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-C48	 	WELDING SCHEDULE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-F63	 	HATCH SCHEDULE	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-P10	 	BALLAST PIPING DIAGRAM (1 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-P10	 	BALLAST PIPING DIAGRAM (2 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-P38	 	VENTS & SOUND DIAGRAM	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S20	 	TYPICAL BARGE TRANSVERSE SECTIONS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S25	 	TYPICAL BARGE TRANSVERSE W.T. BULKHEADS (1 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S25	 	TYPICAL BARGE TRANSVERSE W.T. BULKHEADS (2 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S30	 	TYPICAL BARGE LONGITUDINAL SECTION (1 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S30	 	TYPICAL BARGE LONGITUDINAL SECTION (2 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S40	 	BOTTOM SHELL SCANTLINGS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S41	 	MAIN DECK SCANTLINGS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S60	 	STRUCTURAL TRUSS ABOVE BARGES (1 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S60	 	STRUCTURAL TRUSS ABOVE BARGES (2 OF 2)	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S85	 	PILE CAP DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	NA-S86	 	PILE CAPTURE DEVICE DETAILS	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL NAVAL SHEETS	 	28	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






			
	 	 	 
	NAVAL
	 	13 of 14





 


 









 










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

TEL 702.940.0000 • FAX 702.940.0001




BATON ROUGE CASINO HOTEL • Project No. 141039




PROGRESS SET




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	PROGRESS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	SHEET	 	 	 	SET	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	NUMBER	 	SHEET TITLES	 	25 FEB 10	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	NARRATIVES OF DESIGN	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	REVISION	 	SHEET #	 	SHEET TITLES	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	MEPF SYSTEMS DESCRIPTION. Dated Feb 23, 2010	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	MARINE DESIGN AND CONSTRUCTION. Dated Feb 20, 2010	 	*	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	TOTAL NARRATIVES OF DESIGN PACKAGESS	 	2	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 








			
	 	 	 
	NARRATIVES
	 	14 of 14





 


 









 





EXHIBIT F




THE WORK



 


 









 





The Work shall consist of a new hotel and casino with the following components:



100 room hotel



Two level casino barge



Casino barge basin including foundations and mooring piling



Relocation of River Road



Elevated roadway to Casino



Pedestrian walkway from Hotel to Casino



Swimming Pool



Surface Parking



The Work described above is consistent with the Project Design Development Documents, Plans and
Specifications as prepared by Bergman, Walls and Associates and dated February 25, 2010.




 


 












 





EXHIBIT G




GMP PREMISES AND ASSUMPTIONS


 


 









 





To be
provided on the date set forth in Addendum 1 to the Agreement.





 


 









 








EXHIBIT H




CONDITIONAL WAIVER AND RELEASE UPON

PROGRESS PAYMENT


 


 









 





CONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT




STATE OF LOUISIANA




PARISH OF
                                        




Upon receipt by the undersigned of a check from PNK (BATON ROUGE)
PARTNERSHIP in the sum of $            
              
 payable to            
                   
           and when the check has been properly
endorsed and has been paid by the bank upon which it is drawn, this document shall become
effective to release any mechanic’s lien, stop notice, privilege, claim or bond right the
undersigned has on the job of PNK (BATON ROUGE) PARTNERSHIP for PNK
(BATON ROUGE) PARTNERSHIP Project#              
        Project Description         
            , located at     
                  
        
                  
            
to the following
extent.



THIS RELEASE COVERS A PROGRESS PAYMENT FOR LABOR, SERVICES, EQUIPMENT OR MATERIALS
FURNISHED TO PNK (BATON ROUGE)
PARTNERSHIP THROUGH
                                        
 ONLY, AND DOES NOT
COVER ANY RETENTIONS RETAINED BEFORE OR AFTER THE RELEASE DATE. BEFORE ANY RECIPIENT OF THIS
DOCUMENT RELIES ON IT, SAID PARTY SHOULD VERIFY EVIDENCE OF PAYMENT TO THE UNDERSIGNED.



DATED this         
             day of       
                   
               ,
201__.




	 	 	 	 	 
	 
	 	 	 	 
	 	 	CONTRACTOR/LABORER/SUPPLIER:
	 
	 	 	 	 
	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 

	 	Title:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	Sworn and subscribed
before me, 

Notary, this                  
    day of               
      , 201__.
	 	 	 	 
	 
	 	 	 	 
	 


	 	 	 	 
	                                     
                       , NOTARY PUBLIC
	 	 	 	 





 


Page 1 of 1









 






EXHIBIT I




UNCONDITIONAL WAIVER AND RELEASE UPON

PROGRESS PAYMENT


 


 









 





UNCONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT




STATE OF LOUISIANA




PARISH OF
                                                            




The undersigned has been paid and has received progress payments totaling
$                     for labor, services, equipment or materials furnished to PNK
(BATON ROUGE) PARTNERSHIP for the PNK (BATON ROUGE) PARTNERSHIP
Project#                   
   Description                
                   
                  
        , located at         
                  
                  
                , and does hereby
unconditionally release any
mechanic’s lien, privilege, stop notice and claim upon any bond and rights thereto that the
undersigned has on the above referenced job for any and all materials and work furnished on or
before the date of                
     , except for the following claims:
                    
                   
                   
                   
                 
                 
                 
                 
                 
                 
                 
   .




The undersigned does hereby represent and warrant that the undersigned has or will fully pay
for all labor, services, equipment and materials, any and all union, welfare, pension, vacation or
other contributions or benefits required to be made on account of the employment of such laborers
and mechanics so provided by the undersigned and does hereby agree to indemnify and hold each of
the foregoing, the Project, work of improvement and real property, free and harmless from any and
all claims or liens arising or resulting from any non payment of any of the foregoing through the
date indicated herein.



THIS RELEASE COVERS A PROGRESS PAYMENT FOR LABOR, SERVICES, EQUIPMENT AND/OR MATERIAL
FURNISHED TO PNK (BATON ROUGE) PARTNERSHIP THROUGH THE ABOVE REFERENCED DATE ONLY AND DOES NOT
COVER ANY RETENTION OR ITEMS FURNISHED AFTER SAID DATE OR THE CLAIMS REFERENCED ABOVE.



DATED this        
              day of     
                   
                 ,
201__.




	 	 	 	 	 
	 
	 	 	 	 
	 	 	CONTRACTOR/LABORER/SUPPLIER:
	 
	 	 	 	 
	 	 	 
	 

	 	By:	 	 
	 

	 	 	 	 
	 

	 	Title:	 	 
	 

	 	 	 	 
	 
	 	 	 	 
	Sworn and subscribed
before me, 

Notary, this                  
    day of               
      , 201__.
	 	 	 	 
	 
	 	 	 	 
	 


	 	 	 	 
	                                     
                       , NOTARY PUBLIC
	 	 	 	 





 


Page 1 of 1









 






EXHIBIT J




CONTRACTOR’S CERTIFICATE


 


 









 





CONTRACTOR’S CERTIFICATE




TO: PNK
(BATON ROUGE) PARTNERSHIP (“Owner”),
                                        

(“Lender”), and each of their members, officers, partners, employees and agents and their
respective successors, assigns and personal representatives.



RE: Project:                      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                     , 2010 (“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





 


 









 







Geotechnical
Reports as prepared by Louis Cappazolli & Associates dated October 15, 2009.


 


 









 





EXHIBIT L




PERMITS, APPROVALS AND ENTITLEMENTS





 


 









 







Permits needed for the work:




US Army Corps of Engineers: Permit applied for




West Jefferson Levee District: Permit applied for




Building Permit




Foundation Permit




Electrical Permit




Mechanical Permit




Plumbing Permit




Louisiana
DEQ Land Disturbance Permit and SWPP




Louisiana Department of Cultural Resources: Permit applied for




Louisiana Department of Transportation and Development: Permit applied for.



 


 









 





EXHIBIT M




UNCONDITIONAL FINAL WAIVER AND RELEASE





 


 









 







UNCONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT




STATE OF LOUISIANA




PARISH OF
                                       &n
bsp;                    




The undersigned has been paid in full for all labor, services, equipment or materials
furnished to PNK (BATON ROUGE) PARTNERSHIP on the job of PNK
(BATON ROUGE) PARTNERSHIP Project#              
        Description 
                  
        ,
located at                  
                  
                  
       , and does hereby waive and release
any and all rights to a mechanic’s lien, stop notice, privilege, claim or any right or claim
against a labor and material bond on the foregoing job.



DATED this        
              day of     
                   
       
          , 201__.



	 	 	 	 	 
	 	CONTRACTOR/LABORER/SUPPLIER:

 	 
	 	 	 
	 	By:  	 	 
	 	Title:  	 	 




Sworn and subscribed before me,

Notary, this
 _____ 
day of                   
  , 201__. 

                  
                        
                        
                        
   




                  
                  
                  
      , NOTARY PUBLIC




 


Page 1 of 1









 







EXHIBIT N


CONTRACTOR’S PROJECT SAFETY AND HEALTH

GUIDELINES





 


 









 







To be provided



 


 









 





EXHIBIT O


OCIP MANUAL





 


 









 







To be provided



 


 









 





EXHIBIT P


REQUIRED INSURANCE





 


 









 







To be provided





 


 









 







ADDENDUM 1 TO AGREEMENT FOR GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES BETWEEN PNK (BATON
ROUGE) PARTNERSHIP AND MANHATTAN CONSTRUCTION COMPANY dated MARCH 30, 2010.



1.1 Contractor has prepared and submitted to Owner Contractor’s proposal for the Initial Guaranteed
Maximum Price (the “IGMP”). The IGMP proposal is based on the current level of plan development and
includes Contractor’s best and most diligent efforts to establish the lowest complete cost for the
construction and completion of the Project consistent with the Owner’s standards of first class
quality and workmanship. The proposal is also based on discussions with subcontractors from all
required subcontract trades (none of which are affiliated with or controlled by Contractor or any
principal of Contractor) and upon comprehensive and competitive estimates, where commercially
possible, from subcontractors or material suppliers for the balance of the subtrades and all other
costs which are reimbursable under the terms of the Contract. A copy of Contractor’s IGMP proposal
is attached hereto as Exhibit 1.



1.2 No later than 45 days after Contractor receives 100% Design Development Documents, Contractor
shall submit to Owner for approval, Contractor’s proposal for the Guaranteed Maximum Price based on
competitive bids, where commercially possible, and in accordance with the Contract. The proposal
shall be prepared in a format to be specified by Owner and shall include Contractor’s best and most
diligent efforts to establish the lowest complete cost for the construction and completion of the
Project consistent with the Owner’s standards of first class quality and workmanship and shall be
based on (and, if requested by Owner, include copies of) multiple comprehensive, competitive and
legally binding subcontract proposals from all required subcontract trades (none of which shall be
affiliated with or controlled by Contractor or any principal of Contractor). The proposal shall
further be based upon comprehensive and competitive estimates, where commercially possible, from
subcontractors or material suppliers for the balance of the subtrades and all other costs which are
reimbursable under the terms of the Contract.



1.3 If Owner and Contractor agree on Contractor’s proposal for the Guaranteed Maximum Price, then
the Contract shall be amended in writing to set forth the agreed upon amount of the Guaranteed
Maximum Price. If Owner and Contractor agree upon a Guaranteed Maximum Price and amend the Contract
to set forth such amount, then all amounts paid or incurred by Owner under the Contract to or for
the benefit of Contractor or otherwise relating to the Work,
including, but not limited to all fees
and other compensation to Contractor, up through and including the date of such amendment, shall be
applied and counted in full against the Guaranteed Maximum Price.


 


 









 





1.4 If Owner and Contractor acting reasonably and in good faith are unable to reach agreement on
the amount of the Guaranteed Maximum Price within 15 days after Contractor submits its Guaranteed
Maximum Price proposal, then Owner shall have the right to either (i) change the scope and scale of
the Work to be performed by Contractor and /or the scope of the Project, or (ii) terminate the
Contract and all rights and obligations thereunder upon ten (10) days prior written notice to
Contractor. This Section shall not otherwise limit Owner’s right to terminate the Contract as set
forth in the Article XVII of the Contract.



1.5 Until such time as Owner and Contractor execute an amendment to the Contract establishing the
agreed amount of the Guaranteed Maximum Price in accordance with Section 1.3 hereof, or Owner
terminates the Contract because of no such agreement, and notwithstanding any other provision of
the Contract, Owner shall pay to Contractor for Contractor’s performance of the Work, as follows:
as Contractor’s sole compensation, Owner agrees to reimburse Contractor for the actual Cost of the
Work for Work properly performed pursuant to and authorized under the Contract and paid by
Contractor on the Project in accordance with the Contract (to the extent Contractor actually incurs
and pays such Cost of the Work). Such reimbursement shall be subject to the terms of the Contract
on an hourly basis for actual time and materials spent relating to such Work on the Project, plus
Contractor’s Fee.



1.6 In the event of a termination of the Contract
pursuant to Section 1.4 above, occurring after the
start of construction on the Project, Owner shall have the unconditional right to take possession
of the Project and of all materials, tools and appliances thereon and finish the Work by whatever
method Owner may deem expedient. Unless a cause for termination of the Contract shall have been
Contractor’s act of bad faith or neglect of duty under the Contract or any material default by
Contractor (which such termination shall be handled as a termination for cause pursuant to the
Contract), Owner’s sole obligation and liability to Contractor
under the Contract or otherwise,
shall be to pay Contractor for the Cost of the Work, on a reasonable time and materials basis as
provided in Section 1.5 hereinabove, for amounts actually and properly incurred by Contractor
performing the Work, in accordance with the Contract, plus Contractor’s Fee on such properly
completed work.




	 	 	 	 	 	 	 	 	 	 	 
	“OWNER”	 	 	 	“CONTRACTOR”	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	BY:

	 	/s/ Clifford D. Kortman	 	 	 	BY:	 	/s/ Duane K. Duffy	 	 
	 

	 	 

	 	 
	 	 	 	 

	 	 
	ITS:

	 	Executive Vice President 

Construction & Development 
Pinnacle Entertainment, Inc.	 	 	 	ITS:	 	Executive V.P.	 	 







 


 











 




EXHIBIT 1




 


 









 





BID FORM

EXHIBIT B




Baton Rouge Casino & Hotel

Baton
Rouge, Louisiana




To: Pinnacle Entertainment

9555 Hillwood Drive Suite 140

Las Vegas, Nevada 89134

Attention: Mr. Marty Thomas




We the undersigned submit the following Bid
Breakdown in accordance with the General
Contractor 

Request For Proposals (RFP) Dated
February 25, 2010:



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	BID BREAKDOWN & DESCRIPTIONS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	DIVISION OF	 	 	 	 	 	 	 	 	 	 	 	 	CASINO	 	 	CASINO	 	 	CASINO	 	 	CENTRAL	 	 	PEDESTRIAN	 
	WORK	 	 	DESCRIPTION	 	SITE	 	 	HOTEL	 	 	ELEVATION “A”	 	 	ELEVATION “C”	 	 	ELEVATION “F”	 	 	PLANT	 	 	LINK BRIDGE	 
	 	01	 	 	GENERAL CONDITIONS
	 	$	1,640,273	 	 	$	756,625	 	 	$	2,864,367	 	 	$	2,864,367	 	 	$	2,864,367	 	 	$	216,170	 	 	$	27,022	 
	 	01 A	 	 	OWNER SPECIFIED ALLOWANCES (OTHER THAN FINISHES ALLOWANCE IN O9 A)
	 	$	—	 	 	$	2,870,000	 	 	$	5,895,000	 	 	$	5,895,000	 	 	$	5,895,000	 	 	$	—	 	 	$	—	 
	 	02	 	 	SITE WORK (ROUGH / FINISH GRADING AND RELATED EARTHWORK)
	 	$	7,802,424	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 
	 	02 A	 	 	PAVING, LANDSCAPING, HARDSCAPE, DECORATIVE PAVING &
SIDEWALKS, SITE SIGNAGE, ARCHITECTURAL SITE ENHANCEMENTS
	 	$	5,694,323	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 
	 	02 B	 	 	SITE UTILITIES AND STRUCTURES
	 	$	17,106,254	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 
	 	02 C	 	 	RIVER ROAD RELOCATION
	 	$	6,437,756	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 	 	 	N/A	 
	 	03	 	 	CONCRETE
	 	$	—	 	 	$	2,750,002	 	 	$	506,512	 	 	$	506,512	 	 	$	506,512	 	 	$	311,565	 	 	$	—	 
	 	03 A	 	 	PILING WORK
	 	$	—	 	 	$	1,769,150	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	526,460	 	 	$	—	 
	 	04	 	 	MASONRY
	 	$	—	 	 	$	134,811	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	55,350	 	 	$	—	 
	 	05	 	 	STRUCTURAL
& MISC. STEEL, MISC. METALS, JOISTS, DECKING, & ORNAMENTAL METALS
	 	$	—	 	 	$	756,464	 	 	$	4,712,551	 	 	$	4,712,551	 	 	$	4,712,551	 	 	$	170,695	 	 	$	672,000	 
	 	06	 	 	ROUGH & FINISH CARPENTRY (INCLUSIVE OF MILLWORK)
	 	$	—	 	 	$	718,619	 	 	$	344,840	 	 	$	344,840	 	 	$	344,840	 	 	$	12,850	 	 	$	—	 
	 	07	 	 	THERMAL & MOISTURE PROTECTION (ROOFING, CAULKING, WATERPROOFING etc.)
	 	$	—	 	 	$	375,073	 	 	$	1,726,557	 	 	$	1,677,561	 	 	$	1,677,561	 	 	$	102,255	 	 	$	—	 
	 	07 A	 	 	EXTERIOR BUILDING SKIN
	 	$	—	 	 	$	1,470,015	 	 	$	1,967,075	 	 	 	 	 	 	$	136,000	 	 	$	—	 
	 	07 C	 	 	EXTERIOR BUILDING SKIN
	 	$	—	 	 	$	—	 	 	$	—	 	 	$	1,374,100	 	 	$	—	 	 	$	—	 	 	$	—	 
	 	07 F	 	 	EXTERIOR BUILDING SKIN
	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	1,219,470	 	 	$	—	 	 	$	—	 
	 	08	 	 	DOORS, FRAMES, HARDWARE, GLASS & GLAZING
	 	$	—	 	 	$	659,790	 	 	$	700,693	 	 	$	700,693	 	 	$	700,693	 	 	$	33,270	 	 	$	—	 
	 	09	 	 	INTERIOR
DRYWALL, FLOOR FINISHES, WALL FINISHES, CEILINGS,
STONE / MARBLE, PAINTING & WALLCOVERINGS
	 	$	—	 	 	$	2,588,643	 	 	$	3,007,392	 	 	$	3,007,392	 	 	$	3,007,392	 	 	$	41,220	 	 	$	—	 
	 	09 A	 	 	FINISH ALLOWANCE
	 	$	—	 	 	$	—	 	 	$	23,098,900	 	 	$	23,098,900	 	 	$	23,098,900	 	 	$	—	 	 	$	—	 
	 	10	 	 	BUILDING SPECIALTIES: TOILET & BATH ACCESSORIES, ACCESS FLOORING, OPERABLE WALLS
	 	$	—	 	 	$	229,365	 	 	$	25,023	 	 	$	77,520	 	 	$	77,520	 	 	$	570	 	 	$	—	 
	 	11	 	 	EQUIPMENT: FOOD SERVICE, LOADING DOCK, LAUNDRY
	 	$	—	 	 	$	20,000	 	 	$	82,500	 	 	$	105,000	 	 	$	105,000	 	 	$	—	 	 	$	—	 
	 	12	 	 	SPECIALTY FURNISHINGS
	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 
	 	13	 	 	SPECIAL CONSTRUCTION
	 	$	—	 	 	$	—	 	 	$	9,573,618	 	 	$	9,573,819	 	 	$	9,573,819	 	 	$	—	 	 	$	—	 
	 	14	 	 	ELEVATORS & LIFTS
	 	$	—	 	 	$	394,485	 	 	$	703,485	 	 	$	703,485	 	 	$	703,485	 	 	$	—	 	 	$	—	 
	 	15	 	 	MECHANICAL (HVAC, PLUMBING & CONTROLS)
	 	$	—	 	 	$	2,211,025	 	 	$	9,290,320	 	 	$	9,290,320	 	 	$	9,290,320	 	 	$	1,380,000	 	 	$	—	 
	 	15 A	 	 	FIRE PROTECTION SYSTEMS
	 	$	—	 	 	$	138,213	 	 	$	818,208	 	 	$	818,208	 	 	$	818,208	 	 	$	10,280	 	 	$	—	 
	 	16	 	 	ELECTRICAL SYSTEMS
	 	$	—	 	 	$	1,989,923	 	 	$	4,976,240	 	 	$	4,976,240	 	 	$	4,976,240	 	 	$	1,850,618	 	 	$	—	 
	 	16 A	 	 	SITE ELECTRICAL & SITE LIGHTING, (PARKING
LOTS, ORNAMENTAL / DECORATIVE, LANDSCAPE, CONVIENANCE POWER)
	 	$	618,000	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	—	 	 	$	40,000	 
	 	17	 	 	LOW VOLTAGE & FIRE ALARM SYSTEMS
	 	$	—	 	 	$	262,325	 	 	$	4,031,040	 	 	$	4,031,040	 	 	$	4,031,040	 	 	$	17,990	 	 	$	—	 
	 	 	 	 	COST OF WORK SUBTOTAL
	 	$	39,199,030	 	 	$	20,094,526	 	 	$	74,324,521	 	 	$	73,757,547	 	 	$	73,602,917	 	 	$	4,865,301	 	 	$	739,022	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	INSURANCES
	 	$	771,842	 	 	$	410,703	 	 	$	1,437,289	 	 	$	1,426,281	 	 	$	1,423,278	 	 	$	121,767	 	 	$	44,016	 
	 	 	 	 	FEE
	 	$	1,299,053	 	 	$	666,420	 	 	$	2,462,259	 	 	$	2,443,474	 	 	$	2,438,351	 	 	$	162,080	 	 	$	25,449	 
	 	 	 	 	CONTINGENCY
	 	$	2,155,947	 	 	$	1,105,199	 	 	$	4,087,849	 	 	$	4,056,665	 	 	$	4,048,160	 	 	$	267,592	 	 	$	40,646	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL PROJECT BID AMOUNT
	 	$	43,425,872	 	 	$	22,276,849	 	 	$	82,311,918	 	 	$	81,683,968	 	 	$	81,512,708	 	 	$	5,416,740	 	 	$	849,133	 







Company: Manhattan Construction Company




By: Duane K. Duffy


Title: Executive Vice President




Signature of Company Officer Authorized to Bind Company:
               
   /s/ Duane K. Duffy           
        




Printed
Name & Title of Officer: Duane K. Duffy




Dated: March 24, 2010


 


 









 





EXHIBIT “A”




BATON ROUGE HOTEL AND CASINO




March 22, 2010




Client; Pinnacle Entertainment

Project Location: Baton Rouge, LA




	 	 	 	 	 	 	 	 	 
	 	 	MCC Area	 	 	 	 	 
	 	 	Tabulations	 	 	 	 	 
	 
	Level 1:
	 	 	14,990	 	 	 	 	 
	Tower Guestroom SF:
	 	 	59,960	 	 	 	 	 
	Sub Total SF (Occupied Area Only):
	 	 	74,950	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Central Plant (SF):
	 	 	5,140	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Vessel (SF Occupied):
	 	 	165,690	 	 	 	 	 
	Vessel Porte Cochere (SF):
	 	 	3,000	 	 	 	 	 
	Site (Acres):
	 	 	26	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Basin (SF):
	 	 	119,600	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	Keys:
	 	 	100	 	 	 	 	 
	cost per key:
	 	$	193,379.01	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	CSI — Division	 	Cost	 	 	Unit Cost	 
	General Conditions
	 	$	5,404,466	 	 	$	21.99	 
	Hotel
	 	$	19,337,901	 	 	$	258.01	 
	Casino Elevation A
	 	$	71,460,154	 	 	$	431.29	 
	Casino Elevation C
	 	 	 	 	 	$	—	 
	Casino Elevation F
	 	 	 	 	 	$	—	 
	Central Plant
	 	$	4,649,123	 	 	$	904.50	 
	Site
	 	$	37,658,757	 	 	 	 	 
	Pedestrian Bridge
	 	$	712,000	 	 	$	220.43	 
	Cost of Work Subtotal
	 	$	139,222,401	 	 	$	1,857.54	 
	Sub Guard @ 1.25%
	 	$	1,672,724	 	 	$	22.32	 
	Preconstruction Services
	 	$	150,000	 	 	$	2.00	 
	Building Permit (with Owner)
	 	$	0	 	 	$	—	 
	General Liability Insurance (cost of work*.007)
	 	$	939,751	 	 	$	12.54	 
	Builders Risk Insurance (by owner)
	 	$	0	 	 	$	—	 
	LA Sales Tax Bond & City Bond
	 	$	23,142	 	 	$	0.31	 
	MCC P & P Bond Premium (cost of work*.0081)
	 	 	 	 	 	$	—	 
	Project Subtotal
	 	$	142,008,019	 	 	$	1,894.70	 
	MCC Fee @ 3.250%
	 	$	4,615,261	 	 	$	61.58	 
	Project Total
	 	$	146,623,279	 	 	$	1,956.28	 
	MCC Contingency @ 5.5% × cost of work
	 	$	7,657,232	 	 	$	102.16	 
	Project Grand Total
	 	$	154,280,511	 	 	$	2,058.45	 







 


2 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company




BATON ROUGE CIVIL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	River Road Relocation
	 	 	1	 	 	LSUM	 	 	6,437,756	 	 	 	6,437,756	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sitework
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Geofoam at Hotel Permieter (60 psl) — see below
	 	 	0	 	 	CF	 	 	—	 	 	 	0	 
	 	 	Install Geofoam at Hotel Perimeter
	 	 	0	 	 	CF	 	 	—	 	 	 	0	 
	 	 	0	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Temporary Erosion Control at Hotel
	 	 	1	 	 	ALLOW	 	 	25,000.00	 	 	 	25,000	 
	 	 	Temporary Erosion Control at Central Plant
	 	 	1	 	 	ALLOW	 	 	5,000.00	 	 	 	5,000	 
	 	 	30,000	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Temporary Roads at site
	 	 	3,500	 	 	SY	 	 	35.00	 	 	 	122,500	 
	 	 	Fill at Temporary Road at Levee Wet Side
	 	 	14,000	 	 	CY	 	 	23.00	 	 	 	322,000	 
	 	 	Fill at Temporary Road at Levee Dry Side
	 	 	14,000	 	 	CY	 	 	23.00	 	 	 	322,000	 
	 	 	8′′ Gravel Temporary Road at Levee Wet Side
	 	 	1	 	 	LS	 	 	75,000.00	 	 	 	75,000	 
	 	 	Temporary Road at Levee Dry Side
	 	 	1	 	 	LS	 	 	75,000.00	 	 	 	75,000	 
	 	 	Maintenance at Temporary Road
	 	 	1	 	 	LS	 	 	75,000.00	 	 	 	75,000	 
	 	 	Remove temporary road at Levee
	 	 	1	 	 	LS	 	 	125,000.00	 	 	 	125,000	 
	 	 	Temporary Surface Dewatering
	 	 	1	 	 	LS	 	 	32,185.00	 	 	 	32,185	 
	 	 	1,148,685	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Structural Footing Excavation at Hotel
	 	 	2,777	 	 	CY	 	 	28.00	 	 	 	77,756	 
	 	 	Structural Footing Backfill at Hotel
	 	 	1,550	 	 	CY	 	 	18.00	 	 	 	27,900	 
	 	 	Structural Footing Excavation at Central Plant
	 	 	1,060	 	 	CY	 	 	28.00	 	 	 	29,680	 
	 	 	Structural Footing Backfill at Central Plant
	 	 	363	 	 	CY	 	 	18.00	 	 	 	6,534	 
	 	 	141,870	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Earthwork (Dry Side of Levee only)
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Site Demolition, Strip site 6′′, Paving, Walks, Cut &
	 	 	1	 	 	LS	 	 	4,813,370	 	 	 	4,813,370	 
	 	 	Earthwork Mobilization
	 	 	1	 	 	LS	 	 	100,000	 	 	 	100,000	 
	 	 	Hydroseed
	 	 	1	 	 	LS	 	 	70,000	 	 	 	70,000	 
	 	 	Main Hotel and lot area with Earthwork
	 	 	211,000	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Storm Detention Pond Excavation with Earthwork
	 	 	100,000	 	 	CY	 	 	 	 	 	 	0	 
	 	 	Clear and Grubb at Levee
	 	 	160,000	 	 	SF	 	 	0.15	 	 	 	24,000	 
	 	 	Cut for Levee Access Road
	 	 	1,340	 	 	CY	 	 	6.00	 	 	 	8,040	 
	 	 	Fill for Levee Access Road
	 	 	22,380	 	 	CY	 	 	23.00	 	 	 	514,740	 
	 	 	Geo Foam 20,100 sf 9′ thick
	 	 	198,990	 	 	CF	 	 	3.14	 	 	 	624,829	 
	 	 	Geo Foam 20,100 sf 9′ thick — install
	 	 	198,990	 	 	CF	 	 	0.50	 	 	 	99,495	 
	 	 	Geotek Fabric at Geo foam
	 	 	22,110	 	 	SF	 	 	5.00	 	 	 	110,550	 
	 	 	6′′ LW gravel over GeoFoam
	 	 	484	 	 	CY	 	 	40.00	 	 	 	19,356	 
	 	 	Sand for GeoFoam
	 	 	1,709	 	 	CY	 	 	10.00	 	 	 	17,090	 
	 	 	6′′ Concrete over GeoFoam
	 	 	20,100	 	 	SF	 	 	4.00	 	 	 	80,400	 
	 	 	6,481,869	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Storm Drain
	 	 	1	 	 	LS	 	 	877,380.00	 	 	 	877,380	 
	 	 	Storm pipe 24′′ RCP/PCP
	 	 	6,304	 	 	LF	 	 	 	 	 	 	0	 
	 	 	Trench Drain 24′′ wide top
	 	 	854	 	 	LF	 	 	 	 	 	 	0	 
	 	 	Curb inlets CB-06
	 	 	58	 	 	EA	 	 	 	 	 	 	0	 
	 	 	Drop Inlets CB-01
	 	 	19	 	 	EA	 	 	 	 	 	 	0	 
	 	 	Manholes
	 	 	13	 	 	EA	 	 	 	 	 	 	0	 
	 	 	Cross Drain Safety and type 1
	 	 	10	 	 	EA	 	 	 	 	 	 	0	 
	 	 	877,380	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Site Walkway Concrete
	 	 	27,000	 	 	SF	 	 	5.00	 	 	 	135,000	 
	 	 	Handicap ramps
	 	 	35	 	 	EA	 	 	550.00	 	 	 	19,250	 
	 	 	154,250	 	 	 	 	 	 	 	 	 	 	 	 	0	 







 


3 of 36











 




DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CIVIL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Asphalt Paving
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	6′′ Cement Stabilized
	 	 	 	 	 	 	87,000	 	 	SY	 	 	3.00	 	 	 	261,000	 
	 	 	 	 	10′′ Asphalt Paving AC-30 Mix
	 	 	 	 	 	 	52,432	 	 	TN	 	 	90.00	 	 	 	4,718,880	 
	 	 	 	 	10′′, 10′ Wide, Golf cart Side Roads on levee (each
side)
	 	 	 	 	 	 	473	 	 	TN	 	 	120.00	 	 	 	56,787	 
	 	 	 	 	6′′ Cement Stabilized at Goldf Cart Side Road
	 	 	 	 	 	 	971	 	 	SY	 	 	3.50	 	 	 	3,399	 
	 	 	 	 	 
	 	 	5,040,060	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Parking Lot Stripes
	 	 	 	 	 	 	1	 	 	LS	 	 	—	 	 	 	48,903	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Concrete Paving: Stamped/Concrete Pavers
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Curb & Gutter at Asphalt Lot (With Earthwork)
	 	 	 	 	 	 	28,194	 	 	LF	 	 	16.00	 	 	 	451,104	 
	 	 	 	 	 
	 	 	451,104	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Site Utilities
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Utilities from River Road to Central Plant

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	15′′ Water Main Line to Central Plant
	 	 	 	 	 	 	463	 	 	LF	 	 	125.00	 	 	 	57,875	 
	 	 	 	 	8′′ Sanitary Gravity Feed line
	 	 	 	 	 	 	463	 	 	LF	 	 	45.00	 	 	 	20,835	 
	 	 	 	 	Primary Electrical Duct Bank to Central Plant
	 	 	 	 	 	 	463	 	 	LF	 	 	300.00	 	 	 	138,900	 
	 	 	 	 	Primary Tele / Comm Duct Bank to Central Plant
	 	 	 	 	 	 	463	 	 	LF	 	 	100.00	 	 	 	46,300	 
	 	 	 	 	Gas Main by Utilities 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Fire Hydrants
	 	 	 	 	 	 	8	 	 	EA	 	 	4,500.00	 	 	 	36,000	 
	 	 	 	 	Turn in Lines
	 	 	 	 	 	 	3	 	 	EA	 	 	1,000.00	 	 	 	3,000	 
	 	 	 	 	 
	 	 	302,910	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Utilities from Central Plant to Hotel/Casino

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Chilled Water Condensor Lines — from Central Plant
to Hotel/Casino
	 	 	 	 	 	 	750	 	 	LF	 	 	1,000.00	 	 	 	750,000	 
	 	 	 	 	8′′ Sanitary Sewer Force Main
	 	 	 	 	 	 	930	 	 	LF	 	 	45.00	 	 	 	41,850	 
	 	 	 	 	4′′ Domestic Water Lines Central Plant to Hotel and
Casino
	 	 	 	 	 	 	750	 	 	LF	 	 	30.00	 	 	 	22,500	 
	 	 	 	 	Gas Main — from Central Plant to Hotel and Casino
	 	 	 	 	 	 	750	 	 	LF	 	 	50.00	 	 	 	37,500	 
	 	 	 	 	12′′ Fire Line
	 	 	 	 	 	 	750	 	 	LF	 	 	75.00	 	 	 	56,250	 
	 	 	 	 	6′′ Grease Line
	 	 	 	 	 	 	750	 	 	LF	 	 	50.00	 	 	 	37,500	 
	 	 	 	 	Secondary Feeder to Hotel
	 	 	 	 	 	 	250	 	 	LF	 	 	700.00	 	 	 	175,000	 
	 	 	 	 	Secondary Feeder to Vessel
	 	 	 	 	 	 	580	 	 	LF	 	 	950.00	 	 	 	551,000	 
	 	 	 	 	Tele / Comm Duct Bank from Central Plant to Hotel
and Vessel
	 	 	 	 	 	 	580	 	 	LF	 	 	100.00	 	 	 	58,000	 
	 	 	 	 	Precast Utility Trench
	 	 	 	 	 	 	250	 	 	LF	 	 	250.00	 	 	 	62,500	 
	 	 	 	 	 
	 	 	1,792,100	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Tap Fees by Owner
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Water Meter Fees by Owner
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Sanitary sewer lines
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Lift station for 10′′ forced main two pumps (furnish
and install)
	 	 	 	 	 	 	1	 	 	EA	 	 	210,000.00	 	 	 	210,000	 
	 	 	 	 	Excavate/Shore/Backfill for lift station
	 	 	 	 	 	 	1	 	 	LS	 	 	50,000.00	 	 	 	50,000	 
	 	 	 	 	Grease trap (furnish and install — 15,000 gal from
Park Equip)
	 	 	 	 	 	 	1	 	 	EA	 	 	40,000.00	 	 	 	40,000	 
	 	 	 	 	Excavate/Shore/Backfill for grease trap
	 	 	 	 	 	 	1	 	 	LS	 	 	30,000.00	 	 	 	30,000	 
	 	 	 	 	 
	 	 	330,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 







 


4 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CIVIL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Levee Access Ramp / Levee Spread Footing
Drive Structure
	 	 	 	 	 	 	30,000	 	 	SF	 	 	50.00	 	 	 	1,500,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Elevated Structure Loop Road Structure
	 	 	 	 	 	 	141,985	 	 	GSF	 	 	71.75	 	 	 	10,187,424	 
	 	 	 	 	W36 Girders
	 	 	 	 	 	 	24,855	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 	 	Bridge Deck Bracing

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	
Slab on Metal Deck at Elev Road
	 	 	 	 	 	 	142,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Metal Deck at Elev Road
	 	 	 	 	 	 	142,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	CIP Bents (2′ X 4′ X 50′)
	 	 	 	 	 	 	10	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	Spread Footing at CIP Bents
	 	 	 	 	 	 	300	 	 	SF	 	 	25.00	 	 	 	7,500	 
	 	 	 	 	18′′ Piles (assume 120′ length)
	 	 	 	 	 	 	119	 	 	EA	 	 	7,200.00	 	 	 	856,800	 
	 	 	 	 	2′ 6′′ Continuous Pile Cap
	 	 	 	 	 	 	1,415	 	 	LF	 	 	55.00	 	 	 	77,825	 
	 	 	 	 	Traffic Guard rail (Jersery Barrier)
	 	 	 	 	 	 	3,124	 	 	LF	 	 	85.00	 	 	 	265,540	 
	 	 	 	 	Mattress
Revetment (Shore Block)(with Casino)
	 	 	 	 	 	 	43,242	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	Sloped Pavement
	 	 	 	 	 	 	12,000	 	 	SY	 	 	70.00	 	 	 	840,000	 
	 	 	 	 	3′ 0 x 1′ 6′′ Pedestal at Levee
	 	 	 	 	 	 	675	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 	 	6′′ Curbs
	 	 	 	 	 	 	3,275	 	 	LF	 	 	5.00	 	 	 	16,375	 
	 	 	 	 	1′ 6′′ Curb and Gutter
	 	 	 	 	 	 	3,275	 	 	LF	 	 	16.00	 	 	 	52,400	 
	 	 	 	 	3′′ Wall at Perimeter of Elev Structure
	 	 	 	 	 	 	1,916	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 	 	10′′ Asphalt Road
	 	 	 	 	 	 	82,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	6′′ Lime Stabilized
	 	 	 	 	 	 	9,111	 	 	SY	 	 	 	 	 	 	0	 
	 	 	 	 	Concrete Ramp Walls at Levee (2 ea)
	 	 	 	 	 	 	600	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Fill at Levee Ramps (2 ramps)
	 	 	 	 	 	 	148	 	 	CY	 	 	 	 	 	 	0	 
	 	 	 	 	Fill at Elev Structure with earthwork below
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	12,303,864	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Parking / Roadway Lighting (includes base)
	 	 	 	 	 	 	103	 	 	POLES	 	 	6,000.00	 	 	 	618,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	37,658,757	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







 


5 of 36









 








DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Division 2 - Sitework:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Earthwork

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	Pile Inspections, Oversight, Testing (By Owner)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Test Pile Program (Hotel only) — drive /mobilization
	 	 	 	 	 	 	1	 	 	LS	 	 	322,000.00	 	 	 	322,000	 
	 	 	 	 	Test Pile Program — material
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	322,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Prestressed
Concrete Piles (18′′ material; typ and
prestreesed)
	 	 	 	 	 	 	24,495	 	 	LF	 	 	30.00	 	 	 	734,850	 
	 	 	 	 	Prestressed Concrete Piles at HOTEL PORTE
COCHERE (18′′ material; typ and prestressed)
	 	 	 	 	 	 	3,648	 	 	LF	 	 	30.00	 	 	 	109,440	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Drive Prestressed Concrete Piles
	 	 	 	 	 	 	24,495	 	 	LF	 	 	20.00	 	 	 	489,900	 
	 	 	 	 	Drive Prestressed Concrete Piles at HOTEL
PORTE COCHERE
	 	 	 	 	 	 	3,648	 	 	LF	 	 	20.00	 	 	 	72,960	 
	 	 	 	 	 
	 	 	1,407,150	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Mobilization: In/Out —
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	Field Engineering/Layout —
	 	 	 	 	 	 	1	 	 	LS	 	 	40,000.00	 	 	 	40,000	 
	 	 	 	 	Includes mobilization for Marine Work

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	40,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 2 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	23.60	 	 	 	1,769,150	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 3 — Concrete:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Concrete Frame (F/P/F) — Level 1-5
	 	 	 	 	 	 	74,950	 	 	SF	 	 	8.50	 	 	 	637,075	 
	 	 	 	 	Concrete Frame — Roof
	 	 	 	 	 	 	14,990	 	 	SF	 	 	8.50	 	 	 	127,415	 
	 	 	 	 	Concrete Frame — Hotel Porte Cochere (allowance,
no design)
	 	 	 	 	 	 	2,350	 	 	SF	 	 	15.00	 	 	 	35,250	 
	 	 	 	 	Concrete at Pool Deck
	 	 	 	 	 	 	13,200	 	 	SF	 	 	8.50	 	 	 	112,200	 
	 	 	 	 	 
	 	 	911,940	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Pile Caps at Hotel (PC2 & PC3) — with above
	 	 	 	 	 	 	14,685	 	 	CF	 	 	 	 	 	 	0	 
	 	 	 	 	Pile Caps at HOTEL Porte Cochere — with above
	 	 	 	 	 	 	1,440	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Plinths — with above
	 	 	 	 	 	 	455	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Mud Slab at Hotel and Porte Cochere (with above)
	 	 	 	 	 	 	17,340	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Crane
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	3.25	 	 	 	243,588	 
	 	 	 	 	Personell Hoist
	 	 	 	 	 	 	1	 	 	LS	 	 	101,755.00	 	 	 	101,755	 
	 	 	 	 	Safety Handrails
	 	 	 	 	 	 	1	 	 	LS	 	 	19,170.00	 	 	 	19,170	 
	 	 	 	 	Engineering / Layout
	 	 	 	 	 	 	1	 	 	LS	 	 	200,000.00	 	 	 	200,000	 
	 	 	 	 	Lull
	 	 	 	 	 	 	1	 	 	LS	 	 	40,000.00	 	 	 	40,000	 
	 	 	 	 	Crawler Crane Timber Mate
	 	 	 	 	 	 	1	 	 	EA	 	 	20,000.00	 	 	 	20,000	 
	 	 	 	 	 
	 	 	624,513	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Reinforcing Steel Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	460	 	 	TN	 	 	861.10	 	 	 	396,106	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	0	 	 	SQS	 	 	18.00	 	 	 	0	 
	 	 	 	 	 
	 	 	396,106	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Post-Tensioning Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Cables
	 	 	 	 	 	 	39,300	 	 	LBS	 	 	0.82	 	 	 	32,226	 
	 	 	 	 	Back-up Bars
	 	 	 	 	 	 	10	 	 	TN	 	 	861.10	 	 	 	8,611	 
	 	 	 	 	 
	 	 	40,837	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 







 


6 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Reinf Installation
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	460	 	 	TN	 	 	325.00	 	 	 	149,500	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	 	 	 	SQS	 	 	10.00	 	 	 	0	 
	 	 	 	 	P-T Cables
	 	 	 	 	 	 	39,300	 	 	LBS	 	 	0.55	 	 	 	21,615	 
	 	 	 	 	Back-up Bars
	 	 	 	 	 	 	10	 	 	TN	 	 	325.00	 	 	 	3,250	 
	 	 	 	 	 
	 	 	174,365	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Ready-mix Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	2500 PSI Mud Slabs
	 	 	 	 	 	 	279	 	 	CY	 	 	91.56	 	 	 	25,545	 
	 	 	 	 	5000 PSI Pile Caps
	 	 	 	 	 	 	1,038	 	 	CY	 	 	97.01	 	 	 	100,696	 
	 	 	 	 	5000 PSI Grade Beams
	 	 	 	 	 	 	504	 	 	CY	 	 	97.01	 	 	 	48,893	 
	 	 	 	 	5000 PSI Perimeter Wall, Pool Wall
	 	 	 	 	 	 	217	 	 	CY	 	 	100.28	 	 	 	21,761	 
	 	 	 	 	5000 PSI Shear Wall
	 	 	 	 	 	 	201	 	 	CY	 	 	100.28	 	 	 	20,156	 
	 	 	 	 	5000 PSI Structural Slab
	 	 	 	 	 	 	2,175	 	 	CY	 	 	99.46	 	 	 	216,331	 
	 	 	 	 	5000 PSI P-T Slab
	 	 	 	 	 	 	1,060	 	 	CY	 	 	118.81	 	 	 	125,939	 
	 	 	 	 	5000 PSI Columns
	 	 	 	 	 	 	428	 	 	CY	 	 	100.28	 	 	 	42,920	 
	 	 	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	602,241	 	 	 	5,902	 	 	CY	 	 	 	 	 	 	0	 
	 	 	 	 	Concrete Testing
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Material Testing Services/Inspection (By Owner)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 3 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	36.69	 	 	 	2,750,002	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 4 — Masonry:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Misc CMU
	 	 	 	 	 	 	4,050	 	 	SF	 	 	14.00	 	 	 	56,700	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Granite Tops at Typical Guestroom
	 	 	 	 	 	 	850	 	 	SF	 	 	50.00	 	 	 	42,600	 
	 	 	 	 	Granite Tops at Suite
	 	 	 	 	 	 	540	 	 	SF	 	 	50.00	 	 	 	27,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	CMU Reinforcing Steel
	 	 	 	 	 	 	10	 	 	TN	 	 	861.10	 	 	 	8,611	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 4 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	1.80	 	 	 	134,811	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 5 — Metals:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Structural Steel — Hotel Porte Cochere (28#/SF)
	 	 	 	 	 	 	33	 	 	TN	 	 	2,800.00	 	 	 	92,120	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Misc Steel
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Misc Steel Level 1: F & l
	 	 	 	 	 	 	4	 	 	TN	 	 	8,500.00	 	 	 	31,854	 
	 	 	 	 	Misc Steel Tower: F & l
	 	 	 	 	 	 	15	 	 	TN	 	 	8,500.00	 	 	 	127,415	 
	 	 	 	 	Elevator Penthouse (8#/sf)
	 	 	 	 	 	 	10	 	 	TN	 	 	2,800.00	 	 	 	28,000	 
	 	 	 	 	Metal Stair 3 ea
	 	 	 	 	 	 	254	 	 	RISERS	 	 	550.00	 	 	 	139,700	 
	 
	 	 	 	 	Hotel Porte-Cochere Roof Deck
	 	 	 	 	 	 	2,350	 	 	SF	 	 	2.50	 	 	 	5,875	 
	 
	 	 	 	 	Ornamental Stair at Lobby
	 	 	 	 	 	 	29	 	 	RISERS	 	 	10,000.00	 	 	 	290,000	 
	 	 	 	 	Glass Handrail at Ornamental Stair/Balcony
	 	 	 	 	 	 	75	 	 	LF	 	 	400.00	 	 	 	30,000	 
	 
	 	 	 	 	Pit ladders
	 	 	 	 	 	 	1	 	 	EA	 	 	1,500.00	 	 	 	1,500	 
	 	 	 	 	Elevator beams
	 	 	 	 	 	 	5	 	 	EA	 	 	2,000,00	 	 	 	10,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	SBTL	 	Division 5 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	10.09	 	 	 	756,464	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







 


7 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Division 6 — Carpentry:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Rough Carpentry — Level 1
	 	 	 	 	 	 	14,990	 	 	GSF	 	 	0.30	 	 	 	4,497	 
	 	 	 	 	Rough Carpentry — Guestroom Tower
	 	 	 	 	 	 	59,960	 	 	GSF	 	 	0.30	 	 	 	17,988	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Parapet Wall Sheathing: Installation (W/ Roofing)
	 	 	 	 	 	 	2,340	 	 	SF	 	 	2.50	 	 	 	5,850	 
	 	 	 	 	 
	 	 	28,335	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Architectural Woodwork
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Typical Guest Rooms
	 	 	 	 	 	 	85	 	 	EA	 	 	3,250.00	 	 	 	276,260	 
	 	 	 	 	Suites
	 	 	 	 	 	 	15	 	 	EA	 	 	6,000.00	 	 	 	90,000	 
	 	 	 	 	Elevator Lobbies
	 	 	 	 	 	 	4	 	 	EA	 	 	5,000.00	 	 	 	20,000	 
	 	 	 	 	 
	 	 	386,250	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Public Areas Millwork
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Dining Area
	 	 	 	 	 	 	980	 	 	GSF	 	 	35.00	 	 	 	34,300	 
	 	 	 	 	Lobby / Bar
	 	 	 	 	 	 	2,330	 	 	GSF	 	 	50.00	 	 	 	116,500	 
	 	 	 	 	Office
	 	 	 	 	 	 	384	 	 	GSF	 	 	15.00	 	 	 	5,760	 
	 	 	 	 	Elevator Lobby
	 	 	 	 	 	 	208	 	 	GSF	 	 	35.00	 	 	 	7,280	 
	 	 	 	 	Promenade
	 	 	 	 	 	 	1,160	 	 	GSF	 	 	20.00	 	 	 	23,200	 
	 	 	 	 	Meeting Room
	 	 	 	 	 	 	579	 	 	GSF	 	 	15.00	 	 	 	8,685	 
	 	 	 	 	Business Center
	 	 	 	 	 	 	242	 	 	GSF	 	 	25.00	 	 	 	6,050	 
	 	 	 	 	 
	 	 	201,775	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Misc BOH Millwork
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Pantry
	 	 	 	 	 	 	160	 	 	CSF	 	 	12.00	 	 	 	1,92O	 
	 	 	 	 	Service
	 	 	 	 	 	 	228	 	 	GSF	 	 	12.00	 	 	 	2,736	 
	 	 	 	 	Staff Lounge
	 	 	 	 	 	 	339	 	 	GSF	 	 	10.00	 	 	 	3,390	 
	 	 	 	 	Security
	 	 	 	 	 	 	134	 	 	GSF	 	 	12.00	 	 	 	1,608	 
	 	 	 	 	FCC
	 	 	 	 	 	 	141	 	 	GSF	 	 	12.00	 	 	 	1,692	 
	 	 	 	 	Linen
	 	 	 	 	 	 	137	 	 	GSF	 	 	14.00	 	 	 	1,918	 
	 	 	 	 	Corridor Wainscot (4′)
	 	 	 	 	 	 	1,472	 	 	SF	 	 	35.00	 	 	 	51,520	 
	 	 	 	 	 
	 	 	64,784	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Temp Protection
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	0.50	 	 	 	37,475	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 6 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	9.59	 	 	 	718,619	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 7 — Waterproofing:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	EIFS / Simulated Stone
	 	 	 	 	 	 	1	 	 	LS	 	 	386,300.00	 	 	 	386,300	 
	 	 	 	 	EIFS
	 	 	 	 	 	 	11,052	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Pop outs at Front Elevation
	 	 	 	 	 	 	2,192	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Cornice
	 	 	 	 	 	 	570	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 	 	Exterior brick (simulated stone)
	 	 	 	 	 	 	12,865	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	386,300	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Penthouse at Roof (metal panels)
	 	 	 	 	 	 	2,250	 	 	SF	 	 	28.00	 	 	 	63,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Waterproofing at Exterior
	 	 	 	 	 	 	23,917	 	 	SF	 	 	0.28	 	 	 	6,697	 
	 	 	 	 	Damproofing at Exterior
	 	 	 	 	 	 	23,917	 	 	SF	 	 	1.65	 	 	 	39,463	 
	 	 	 	 	Caulking at Exterior
	 	 	 	 	 	 	23,917	 	 	SF	 	 	0.80	 	 	 	19,134	 
	 	 	 	 	 
	 	 	65,293	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Expansion Joint Assemblies (at Boarding Bridge)
	 	 	 	 	 	 	40	 	 	LF	 	 	150.00	 	 	 	6,000	 
	 	 	 	 	Expansion Joint Assemblies (at Porte Cochere)
	 	 	 	 	 	 	60	 	 	LF	 	 	150.00	 	 	 	9,000	 
	 	 	 	 	Facade Sealants (with waterproofing)
	 	 	 	 	 	 	13,814	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	15,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Roofing & Sheet Metal -meets 140 MPH Code
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	SBS Built-up Roofing
	 	 	 	 	 	 	14,990	 	 	SF	 	 	17.00	 	 	 	254,830	 
	 	 	 	 	Roofing: Hotel Porte Cochere
	 	 	 	 	 	 	2,350	 	 	SF	 	 	17.00	 	 	 	39,950	 
	 	 	 	 	 
	 	$	294,780	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 7 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	11.00	 	 	 	824,373	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







 


8 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Division 8 — Doors & Windows:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Hollow Metal Doors / Frames / Hardware 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Stairs
	 	 	 	 	 	 	15	 	 	EA	 	 	1,300.00	 	 	 	19,500	 
	 	 	 	 	BOH
	 	 	 	 	 	 	10	 	 	EA	 	 	800.00	 	 	 	8,000	 
	 	 	 	 	 
	 	 	27,500	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Unload/Distribute HM Doors & Frames
	 	 	 	 	 	 	25	 	 	EA	 	 	12.00	 	 	 	300	 
	 	 	 	 	Hang HM Doors
	 	 	 	 	 	 	25	 	 	EA	 	 	65.00	 	 	 	1,625	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Plastic Laminate Wood Doors / Frames /
Hardware
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Typical Guestroom Entry
	 	 	 	 	 	 	85	 	 	EA	 	 	700.00	 	 	 	59,500	 
	 	 	 	 	Typical Guestroom Bathroom
	 	 	 	 	 	 	85	 	 	EA	 	 	650.00	 	 	 	55,250	 
	 	 	 	 	Connector Doors
	 	 	 	 	 	 	50	 	 	EA	 	 	7,000.00	 	 	 	350,000	 
	 	 	 	 	Suite Entry (Double)
	 	 	 	 	 	 	15	 	 	EA	 	 	1,400.00	 	 	 	21,000	 
	 	 	 	 	Suite Bathroom (Double)
	 	 	 	 	 	 	15	 	 	EA	 	 	1,300.00	 	 	 	19,500	 
	 	 	 	 	Suite Closel (Sliding)
	 	 	 	 	 	 	15	 	 	EA	 	 	700.00	 	 	 	10,500	 
	 	 	 	 	Level 1 Public Area
	 	 	 	 	 	 	30	 	 	EA	 	 	1,500.00	 	 	 	45,000	 
	 	 	 	 	Custom Wood Doors at Public Area?
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	560,750	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Unload/Distribute Wood/PLAM Doors
	 	 	 	 	 	 	295	 	 	LVS	 	 	12.00	 	 	 	3,540	 
	 	 	 	 	Hang Wood/PLAM Doors
	 	 	 	 	 	 	295	 	 	LVS	 	 	65.00	 	 	 	19,175	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Exterior Glass & Glazing
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Exterior Punched Openings
	 	 	 	 	 	 	6,057	 	 	SF	 	 	65.00	 	 	 	393,705	 
	 	 	 	 	Exterior Curtainwall
	 	 	 	 	 	 	8,443	 	 	SF	 	 	70.00	 	 	 	591,010	 
	 	 	 	 	Glass Entrances (Double Doors)
	 	 	 	 	 	 	2	 	 	EA	 	 	3,000.00	 	 	 	6,000	 
	 	 	 	 	Automatic Doors
	 	 	 	 	 	 	4	 	 	EA	 	 	7,500.00	 	 	 	30,000	 
	 	 	 	 	 
	 	 	1,020,715	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Interior Glass & Glazing
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	0.50	 	 	 	37,475	 
	 	 	 	 	Clean Exterior Glass
	 	 	 	 	 	 	1	 	 	LS	 	 	9,425.00	 	 	 	9,425	 
	 	 	 	 	Window wall test (BY OWNER)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Curtainwall Consultant (BY OWNER)
	 	 	 	 	 	 	 	 	 	ALLOW	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 8 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	22.42	 	 	 	1,680,505	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 9 — Finishes:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	Drywall & Acoustical
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	17.25	 	 	 	1,292,888	 
	 	 	 	 	 
	 	 	1,292,888	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	HOTEL FINISHES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	Typical Room Carpet Install (includes pad material)
	 	 	 	 	 	 	2,125	 	 	SY	 	 	10.00	 	 	 	21,250	 
	 	 	 	 	Typical Room Carpet base Install
	 	 	 	 	 	 	5,950	 	 	LF	 	 	1.00	 	 	 	5,950	 
	 	 	 	 	Typical Room Tile Floors
	 	 	 	 	 	 	8,500	 	 	SF	 	 	10.00	 	 	 	85,000	 
	 	 	 	 	Typical Room Tile Walls
	 	 	 	 	 	 	7,650	 	 	SF	 	 	12.00	 	 	 	91,800	 
	 	 	 	 	Typical Room Tile Base
	 	 	 	 	 	 	5,525	 	 	LF	 	 	15.00	 	 	 	82,875	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 







 


9 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Suite Carpet Install (includes pad material)
	 	 	 	 	 	 	608	 	 	SY	 	 	10.00	 	 	 	6,080	 
	 	 	 	 	Suite Carpet base install
	 	 	 	 	 	 	1,200	 	 	LF	 	 	1.00	 	 	 	1,200	 
	 	 	 	 	Suite Tile Floors
	 	 	 	 	 	 	4,875	 	 	SF	 	 	12.00	 	 	 	58,500	 
	 	 	 	 	Suite Tile Walls
	 	 	 	 	 	 	6,750	 	 	SF	 	 	14.00	 	 	 	94,500	 
	 	 	 	 	Suite Tile Base
	 	 	 	 	 	 	2,250	 	 	LF	 	 	16.00	 	 	 	36,000	 
	 	 	 	 	Elevator Lobby Finishes
	 	 	 	 	 	 	4	 	 	EA	 	 	3,000.00	 	 	 	12,000	 
	 	 	 	 	Vending Rooms
	 	 	 	 	 	 	400	 	 	SF	 	 	12.00	 	 	 	4,800	 
	 	 	 	 	Corridor Wall Finishes
	 	 	 	 	 	 	17,550	 	 	SF	 	 	3.00	 	 	 	52,650	 
	 	 	 	 	Corridor Carpet Install (includes pad material)
	 	 	 	 	 	 	660	 	 	SY	 	 	7.75	 	 	 	5,115	 
	 	 	 	 	Corridor Carpet Base Install
	 	 	 	 	 	 	1,950	 	 	LF	 	 	1.00	 	 	 	1,950	 
	 	 	 	 	 
	 	 	559,670	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	MISC FINISHES
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Level 1 BOH Finishes
	 	 	 	 	 	 	7,040	 	 	SF	 	 	6.00	 	 	 	42,240	 
	 	 	 	 	Level 1 Public Area Finishes (Not Including
millwork)
	 	 	 	 	 	 	7,660	 	 	SF	 	 	8.00	 	 	 	61,280	 
	 
	 	 	 	 	Restroom Finishes
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Public RR Tile Floors
	 	 	 	 	 	 	745	 	 	SF	 	 	17.00	 	 	 	12,665	 
	 	 	 	 	Public RR Tile Walls (6′ wainscot)
	 	 	 	 	 	 	1,470	 	 	SF	 	 	17.00	 	 	 	24,990	 
	 	 	 	 	Public RR Tile Base
	 	 	 	 	 	 	245	 	 	LF	 	 	15.00	 	 	 	3,675	 
	 	 	 	 	Public RR Tops
	 	 	 	 	 	 	52	 	 	SF	 	 	50.00	 	 	 	2,600	 
	 	 	 	 	BOH RR Tile Floors
	 	 	 	 	 	 	650	 	 	SF	 	 	12.00	 	 	 	7,800	 
	 	 	 	 	BOH RR Tile Walls (Wet walls only)
	 	 	 	 	 	 	620	 	 	SF	 	 	12.00	 	 	 	7,440	 
	 	 	 	 	BOH RR Tile Base
	 	 	 	 	 	 	200	 	 	LF	 	 	10.00	 	 	 	2,000	 
	 	 	 	 	BOH RR Tops
	 	 	 	 	 	 	47	 	 	SF	 	 	35.00	 	 	 	1,645	 
	 	 	 	 	 
	 	 	103,520	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Painting & Textured Coatings
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	5.00	 	 	 	374,750	 
	 	 	 	 	 
	 	 	374,750	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Hotel Porte Cochere Finishes
	 	 	 	 	 	 	2,350	 	 	SF	 	 	75.00	 	 	 	176,250	 
	 	 	 	 	Final Clean
	 	 	 	 	 	 	1	 	 	LS	 	 	18,750.00	 	 	 	18,750	 
	SBTL	 	Division 9 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	34.54	 	 	 	2,588,643	 
	 	 	 	 	Division 10 — Specialties:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Corner Guards
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Corner Guards: Anodized Aluminum
	 	 	 	 	 	 	160	 	 	EA	 	 	100.00	 	 	 	16,000	 
	 	 	 	 	Corner Guards: Stainless Steel (BOH)
	 	 	 	 	 	 	10	 	 	EA	 	 	150.00	 	 	 	1,500	 
	 	 	 	 	Corner Guards: Installation
	 	 	 	 	 	 	170	 	 	EA	 	 	50.00	 	 	 	8,500	 
	 	 	 	 	 
	 	 	26,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Protection Specialties
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	FE & Cabinets (Recessed)
	 	 	 	 	 	 	12	 	 	EA	 	 	150.00	 	 	 	1,800	 
	 	 	 	 	FE & Cabinets @ Kitchen
	 	 	 	 	 	 	2	 	 	EA	 	 	100.00	 	 	 	200	 
	 	 	 	 	FE Cabinets: Installation
	 	 	 	 	 	 	14	 	 	EA	 	 	85.00	 	 	 	1,190	 
	 	 	 	 	 
	 	 	3,190	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Toilet & Bath Accessories
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Typical Guestroom — Toilet Accessories
	 	 	 	 	 	 	85	 	 	EA	 	 	250.00	 	 	 	21,250	 
	 	 	 	 	Suite — Toilet Accessories
	 	 	 	 	 	 	15	 	 	EA	 	 	400.00	 	 	 	6,000	 
	 	 	 	 	Public Area Toilet Enclosures
	 	 	 	 	 	 	7	 	 	EA	 	 	2,000.00	 	 	 	14,000	 
	 	 	 	 	Public Area Urinal Screens
	 	 	 	 	 	 	2	 	 	EA	 	 	750.00	 	 	 	1,500	 
	 	 	 	 	 
	 	 	41,250	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Way Finding Graphics
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	1.00	 	 	 	74,950	 
	 	 	 	 	Specially Signage (OFOI)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Shower Enclosures at Suites
	 	 	 	 	 	 	15	 	 	EA	 	 	2,000.00	 	 	 	30,000	 
	 	 	 	 	Toilet Enclosures at Suites
	 	 	 	 	 	 	15	 	 	EA	 	 	1,000.00	 	 	 	15,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Misc Div 10 Items
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	0.50	 	 	 	37,475	 
	 
	SBTL	 	Division 10 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	3.06	 	 	 	229,365	 







 


10 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Division 11 — Equipment:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Window Washing Equipment
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Linen Chute
	 	 	 	 	 	 	5	 	 	FLS	 	 	4,000.00	 	 	 	20,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	KITCHEN EQUIPMENT (PNK Allowance)
	 	 	 	 	 	 	1	 	 	LS	 	 	370,000.00	 	 	 	370,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 11 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	5.20	 	 	 	390,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 12 — Furniture:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	FF&E Warehousing/Installation — with owner
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Typical Guest Rooms
	 	 	 	 	 	 	85	 	 	KEYS	 	 	—	 	 	 	0	 
	 	 	 	 	Suite
	 	 	 	 	 	 	15	 	 	KEYS	 	 	—	 	 	 	0	 
	 	 	 	 	Public Area Installation
	 	 	 	 	 	 	1	 	 	LS	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 12 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 13 — Special Construction:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	Pool Area / Landscaping &
Irrigation (PNK
Allowance)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	2,500,000.00	 	 	 	2,500,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 13 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	33.36	 	 	 	2,500,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 14 — Conveying Systems:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Passenger
Elevators:
	 	 	 	 	 	 	10	 	 	STOP	 	 	35,000.00	 	 	 	350,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Cab interior finish allowance
	 	 	 	 	 	 	2	 	 	EA	 	 	12,500.00	 	 	 	25,000	 
	 	 	 	 	Interior
Elevator Operator
	 	 	 	 	 	 	13	 	 	WK	 	 	1,500.00	 	 	 	19,485	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 14 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	5.26	 	 	 	394,485	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 15 — Mechanical:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Plumbing/HVAC
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	27.00	 	 	 	2,023,650	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Protection Systems
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Protection: New
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	1.75	 	 	 	131,163	 
	 	 	 	 	Hotel Porte Cochere —
Dry Pipe
	 	 	 	 	 	 	2,350	 	 	SF	 	 	3.00	 	 	 	7,050	 
	 	 	 	 	 
	 	 	138,213	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Temperature Controls
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	BAS
DOC System
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	2.50	 	 	 	187,375	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 15 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	31.34	 	 	 	2,349,238	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Division 16 — Electrical:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Electrical
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	23.40	 	 	 	1,753,830	 
	 	 	 	 	Temp Power
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	1.00	 	 	 	74,950	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Surveillance
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Security/Surveillance
at Building (excludes
termination and devices)
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	1.15	 	 	 	86,193	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Low Voltage / Communications
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Phone/Data
	 	 	 	 	 	 	74,950	 	 	GSF	 	 	2.00	 	 	 	149,900	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 







 


11 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE HOTEL




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	Qty	 	 	UoM	 	 	Unit Cost	 	Activity Cost	 
	 	 	 	 	Sound System
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Sound System at
Building (excludes
termination and
devices)
	 	 	74,950	 	 	GSF	 	 	1.00	 	 	74,950	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Alarm System
	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Alarm: Design/Materials/Testing
	 	 	74,950	 	 	GSF	 	 	1.50	 	 	112,425	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Fire Alarm Installation: Electrician
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 16
— Subtotal
	 	 	 	 	 	 	 	 	 	30.05	 	 	2,252,248	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL COSTS
	 	 	 	 	 	 	 	 	 	 	 	 	19,337,901	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 





 


12 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 3
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Place and Finish : L1 6′′ Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65,892	 
	 	 	 	 	Place and Finish : L2 5′′ Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65.892	 
	 	 	 	 	Concrete: Mezz. 5′′ Lightweight DELETED
	 	 	 	 	 	 	0	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	Porte-Cochere Concrete: In Civil
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Metal Pan Stair Fill
	 	 	 	 	 	 	1,179	 	 	SF	 	 	4.00	 	 	 	4,717	 
	 	 	 	 	Misc. Equipment Pads
	 	 	 	 	 	 	1,000	 	 	SF	 	 	5.50	 	 	 	5,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Reinforcing Steel Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	9	 	 	TN	 	 	861.10	 	 	 	7,750	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	18.00	 	 	 	14,004	 
	 	 	 	 	 
	 	 	21,754	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Reinf Installation
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	9	 	 	TN	 	 	325.00	 	 	 	2,925	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	10.00	 	 	 	7,780	 
	 	 	 	 	 
	 	 	10,705	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Ready-mix Materials;
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	2500 PSI Mud Slabs (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	91.56	 	 	 	0	 
	 	 	 	 	5000 PSI Pipe Fill (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	 	 	5000 PSI Basin Wall (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	 	 	4000 PSI LtWt Slab on Metal Deck
	 	 	 	 	 	 	2,649	 	 	CY	 	 	125.35	 	 	 	332,052	 
	 	 	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	332,052	 	 	 	2,649	 	 	CY	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 3 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	3.27	 	 	 	506,512	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 4
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Masonry
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 4 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 5
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Metals
	 	 	 	 	 	 	940	 	 	TN	 	 	3,050.00	 	 	 	2,867,000	 
	 	 	 	 	Metals @ MR (included above)
	 	 	 	 	 	 	 	 	 	TN	 	 	 	 	 	 	0	 
	 	 	 	 	(Deep Members @ MR)

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	
Catwalks
	 	 	 	 	 	 	300	 	 	LF	 	 	650.00	 	 	 	195,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	CORDECK @ L1
	 	 	 	 	 	 	88,440	 	 	SF	 	 	4.65	 	 	 	411,246	 
	 	 	 	 	Floor Deck @ L2 (with above
	 	 	 	 	 	 	77.520	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Mezzanine Floor Deck @ L2
	 	 	 	 	 	 	0	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Metal Roof Deck
	 	 	 	 	 	 	77,520	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Miscellaneous Metals ( .75 # / SF ) No Staire
	 	 	 	 	 	 	58	 	 	TN	 	 	4,600.00	 	 	 	261,630	 
	 	 	 	 	Metal Pan Stairs w/ Railings
	 	 	 	 	 	 	295	 	 	RISERS	 	 	550.00	 	 	 	162,155	 
	 	 	 	 	Vessel Perimeter Railing
	 	 	 	 	 	 	796	 	 	LF	 	 	145.00	 	 	 	115,420	 







 


13 of 36











 




DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Structural Steel — Vessel Porte-Cochere (Assumes
28#/SF)
	 	 	 	 	 	 	42	 	 	TN	 	 	2,800.00	 	 	 	117,600	 
	 	 	 	 	Vessel Porte-Cochere Roof Deck
	 	 	 	 	 	 	3,000	 	 	SF	 	 	2.50	 	 	 	7,500	 
	 	 	 	 	 
	 	 	4,137,551	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Ornamental Metals
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Ornamental Stair
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	400,000.00	 	 	 	400,000	 
	 	 	 	 	Glass Rail @ Stair
	 	 	 	 	 	 	130	 	 	LF	 	 	400.00	 	 	 	52,000	 
	 	 	 	 	Glass Rail @ Balcony
	 	 	 	 	 	 	150	 	 	LF	 	 	400.00	 	 	 	60,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Expansion Joint: Road Deck
	 	 	 	 	 	 	420	 	 	LF	 	 	150.00	 	 	 	63,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 5 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	30.40	 	 	 	4,712,551	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 6
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Rough Carpentry
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	 	 	Temporary Protection
	 	 	 	 	 	 	1	 	 	LS	 	 	34,760.00	 	 	 	34,760	 
	 	 	 	 	Misc BOH Millwork
	 	 	 	 	 	 	0	 	 	SF	 	 	1.00	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	(Millwork is in Finishes)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 6 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	2.22	 	 	 	344,840	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 7
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Roofing: Vessel
	 	 	 	 	 	 	77,520	 	 	SF	 	 	17.00	 	 	 	1,317,840	 
	 	 	 	 	Roofing: Vessel Porte-Cochere
	 	 	 	 	 	 	3,000	 	 	SF	 	 	17.00	 	 	 	51,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Joint Sealants
	 	 	 	 	 	 	6,016	 	 	LF	 	 	3.50	 	 	 	21,055	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS / Simuated Stone
	 	 	 	 	 	 	1	 	 	LS	 	 	495,175.00	 	 	 	495,175	 
	 	 	 	 	Simulated Stone Columns at North Elev
	 	 	 	 	 	 	1,536	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone Columns at East/West
Elev
	 	 	 	 	 	 	2,560	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone Wainscot (12′) at North
Elev
	 	 	 	 	 	 	2,400	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone at North Elev
	 	 	 	 	 	 	960	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at East / West Elev
	 	 	 	 	 	 	18,820	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at South Elev
	 	 	 	 	 	 	12,780	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Cornice at Elev 66′
	 	 	 	 	 	 	9,600	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Cornice at Multipurpose
	 	 	 	 	 	 	2,100	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at Stair Dog House
	 	 	 	 	 	 	2,400	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at Multipurpose Pop Up
	 	 	 	 	 	 	7,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Decorative Panels at North Elev (3 ea)
	 	 	 	 	 	 	720	 	 	SF	 	 	100.00	 	 	 	72,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Metal Panels at North Elev
	 	 	 	 	 	 	1,200	 	 	SF	 	 	28.00	 	 	 	33,600	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Sprayed on Fireproofing: L2, Mezz & Roof
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	 	 	Sprayed on Fireproofing: MPR High Roof
	 	 	 	 	 	 	20,735	 	 	SF	 	 	1.50	 	 	 	31,103	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Expansion Joint Assemblies (at Porte
Cochere, Ped
Bridge)
	 	 	 	 	 	 	1	 	 	LS	 	 	24,000.00	 	 	 	24,000	 
	 	 	 	 	Sprayed on Sound @ Btm of MR
	 	 	 	 	 	 	14,000	 	 	SF	 	 	3.50	 	 	 	49,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 7 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	15.01	 	 	 	2,327,332	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


14 0f 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	DIVISION 8
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Misc. HM Frames/Doors/HW — BOH
	 	 	 	 	 	 	50,045	 	 	SF	 	 	0.75	 	 	 	37,534	 
	 	 	 	 	Hollow Metal Frames/Doors/HW: Ext. Single
	 	 	 	 	 	 	1	 	 	EA	 	 	1,500.00	 	 	 	1,500	 
	 	 	 	 	Hollow Metal Frames/Doors/HW: Ext. Double
	 	 	 	 	 	 	15	 	 	EA	 	 	2,100.00	 	 	 	31,500	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single L1
	 	 	 	 	 	 	8	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double L1
	 	 	 	 	 	 	5	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single L2
	 	 	 	 	 	 	9	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double L2
	 	 	 	 	 	 	23	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single Mezz.
	 	 	 	 	 	 	 	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double
	 	 	 	 	 	 	0	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	Custom Wood Doors at Public Area?

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	70,534	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Glass Curtainwall at North Elev
	 	 	 	 	 	 	7,740	 	 	SF	 	 	70.00	 	 	 	541,800	 
	 	 	 	 	Glass Curtainwall at East/West Elev
	 	 	 	 	 	 	7,700	 	 	SF	 	 	70.00	 	 	 	539,000	 
	 	 	 	 	Glass Windows at South Elev
	 	 	 	 	 	 	1,500	 	 	SF	 	 	65.00	 	 	 	97,500	 
	 	 	 	 	AL Fins at Curtainwall
	 	 	 	 	 	 	1,880	 	 	LF	 	 	100.00	 	 	 	188,000	 
	 	 	 	 	 
	 	 	1,366,300	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Skylight
	 	 	 	 	 	 	1,950	 	 	SF	 	 	165.00	 	 	 	321,750	 
	 
	 	 	 	 	Revolving Door
	 	 	 	 	 	 	1	 	 	EA	 	 	125,000.00	 	 	 	125,000	 
	 	 	 	 	Storefront: Entry & Vestibule
	 	 	 	 	 	 	1,200	 	 	SF	 	 	50.00	 	 	 	60,000	 
	 	 	 	 	Entry Manual Glass Doors
	 	 	 	 	 	 	18	 	 	EA	 	 	3,500.00	 	 	 	63,000	 
	 	 	 	 	Entry Manual Glass Doors Custom Hardware
	 	 	 	 	 	 	18	 	 	EA	 	 	1,000.00	 	 	 	18,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Storefront: Retail: Assume 12′ x 10′
	 	 	 	 	 	 	120	 	 	SF	 	 	35.00	 	 	 	4,200	 
	 	 	 	 	Retail Glass Door: Custom
	 	 	 	 	 	 	1	 	 	EA	 	 	10,000.00	 	 	 	10,000	 
	 	 	 	 	Clean Exterior Glass
	 	 	 	 	 	 	1	 	 	LS	 	 	12,705.00	 	 	 	12,705	 
	 	 	 	 	Misc. Interior Glazing
	 	 	 	 	 	 	155,040	 	 	SF	 	 	0.10	 	 	 	15,504	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 8 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	13.33	 	 	 	2,066,993	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 9
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Exterior Framing
	 	 	 	 	 	 	1	 	 	LS	 	 	816,067.00	 	 	 	816,067	 
	 	 	 	 	 
	 	 	816,067	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Finishes F.O.H. Casino (PNK Allowance)
	 	 	 	 	 	 	54,695	 	 	SF	 	 	220.00	 	 	 	12,032,900	 
	 	 	 	 	Finishes F.O.H. L1 Public (PNK Allowance)
	 	 	 	 	 	 	10,490	 	 	SF	 	 	220.00	 	 	 	2,307,800	 
	 	 	 	 	Finishes F.O.H. L1 Special Venue
	 	 	 	 	 	 	 	 	 	SF	 	 	220.00	 	 	 	0	 
	 	 	 	 	Finishes F.O.H. L1 Retail (PNK Allowance)
	 	 	 	 	 	 	400	 	 	SF	 	 	220.00	 	 	 	88,000	 
	 	 	 	 	Finishes F.O.H. L2 Public (PNK Allowance)
	 	 	 	 	 	 	11,410	 	 	SF	 	 	220.00	 	 	 	2,510,200	 
	 	 	 	 	Finishes F.O.H. L2 Special Venue — Buffet/3 Meal/
Coffee/Banquet (PNK Allowance)
	 	 	 	 	 	 	7,700	 	 	SF	 	 	220.00	 	 	 	1,694,000	 
	 	 	 	 	Finishes F.O.H. L2 Special Venue — Fine Dine (PNK
Allowance)
	 	 	 	 	 	 	6,200	 	 	SF	 	 	220.00	 	 	 	1,364,000	 
	 	 	 	 	Finishes F.O.H. L2 Multi-Purpose Room (PNK
Allowance)
	 	 	 	 	 	 	14,100	 	 	SF	 	 	220.00	 	 	 	3,102,000	 
	 	 	 	 	 
	 	 	23,098,900	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Finishes B.O.H. L1
	 	 	 	 	 	 	11,935	 	 	SF	 	 	35.00	 	 	 	417,725	 
	 	 	 	 	Finishes B.O.H. L2 Kitchens
	 	 	 	 	 	 	11,550	 	 	SF	 	 	50.00	 	 	 	577,500	 
	 	 	 	 	Finishes B.O.H. L2
	 	 	 	 	 	 	26,560	 	 	SF	 	 	35.00	 	 	 	929,600	 
	 	 	 	 	Finishes B.O.H. Mezzanine
	 	 	 	 	 	 	 	 	 	SF	 	 	35.00	 	 	 	0	 
	 	 	 	 	 
	 	 	1,924,825	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Vessel Porte-Cochere Finishes
	 	 	 	 	 	 	3,000	 	 	SF	 	 	75.00	 	 	 	225,000	 
	 	 	 	 	Final Clean
	 	 	 	 	 	 	1	 	 	LS	 	 	41,500.00	 	 	 	41,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 9 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	168.38	 	 	 	26,106,292	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


15 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	DIVISION 10
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Specialties — BOH
	 	 	 	 	 	 	50,045	 	 	SF	 	 	0.50	 	 	 	25,023	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 10 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0.16	 	 	 	25,023	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 11 EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Kitchen Equipment (PNK Allowance)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	5,895,000.00	 	 	 	5,895,000	 
	 	 	 	 	K Equipment ( L1 Coffee Bar)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L1 Display Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L1 Service Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L1 VIP Lounge/Players Club)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L2 Buffet/3 Meal/Coffee Shop/
Banquet Kitchen)
	 	 	 	 	 	 	6,500	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 Fine Dining)
	 	 	 	 	 	 	2,700	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 MP Pantry)
	 	 	 	 	 	 	1,200	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 Liquor Storage)
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 EDR)
	 	 	 	 	 	 	2,350	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 Dishwashing Equip)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment Warewashing
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment Warehouse
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	5,895,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Platform
	 	 	 	 	 	 	1,100	 	 	SF	 	 	75.00	 	 	 	82,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 11 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	38.55	 	 	 	5,977,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 12 FURNISHINGS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Furnishings: OFOI
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 12 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 13 SPECIAL CONSTRUCTION
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Marine Work
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Pump Platform, Pipes & Casing
	 	 	 	 	 	 	1	 	 	LS	 	 	125,000.00	 	 	 	125,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	12′ x 555′ Sheet piling for basin concrete wall
	 	 	 	 	 	 	6,660	 	 	SF	 	 	53.00	 	 	 	352,980	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	H14 x 73 x 60′ Battered Piles at basin concete wall
	 	 	 	 	 	 	16,560	 	 	LF	 	 	60.00	 	 	 	993,600	 
	 	 	 	 	Mobilization: In/Out
	 	 	 	 	 	 	1	 	 	EA	 	 	50,000.00	 	 	 	50,000	 
	 	 	 	 	15′ x 487′ x 2′ Concrete Wall at Basin
	 	 	 	 	 	 	7,605	 	 	SF	 	 	27.00	 	 	 	205,335	 
	 	 	 	 	13′ x 487′ x 2.5′ Concrete Footing at Basin Wall
	 	 	 	 	 	 	6,591	 	 	SF	 	 	35.00	 	 	 	230,685	 
	 	 	 	 	 
	 	 	1,832,600	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Dry Cut Basin from +29 to +20
	 	 	 	 	 	 	44,010	 	 	CY	 	 	4.00	 	 	 	176,040	 
	 	 	 	 	Berm at basin
	 	 	 	 	 	 	6,000	 	 	CY	 	 	6.50	 	 	 	39,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Rip Rap at Concrete Wall 9′ X 555′
	 	 	 	 	 	 	500	 	 	TN	 	 	90.00	 	 	 	45,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	42′′ x 126′ dia Mooring Pipe Piles at Basin (includes
concrete)
	 	 	 	 	 	 	9,072	 	 	EA	 	 	342.00	 	 	 	3,102,624	 
	 	 	 	 	Mobilization: In/Out — BOH
	 	 	 	 	 	 	1	 	 	LS	 	 	100,000.00	 	 	 	100,000	 
	 	 	 	 	Engineering and Layout — BOH
	 	 	 	 	 	 	1	 	 	EA	 	 	225,000.00	 	 	 	225,000	 
	 	 	 	 	 
	 	 	3,427,624	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Pile “Caps” at Basin (includes chain and clevis)
	 	 	 	 	 	 	72	 	 	EA	 	 	15,000.00	 	 	 	1,080,000	 
	 	 	 	 	Pad Eye Installation ( by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	—	 	 	 	0	 






 


16 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Pile Capture Device (Labor Only)
	 	 	 	 	 	 	72	 	 	EA	 	 	4,500.00	 	 	 	324,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Install Truss Sections at Bridge Beam Infill
(by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	150.00	 	 	 	10,800	 
	 	 	 	 	Install Bridge Beams (2 ea 12′ x 240′)
	 	 	 	 	 	 	5,760	 	 	SF	 	 	50.00	 	 	 	288,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	ShoreBlock (Includes anchors and void fill)
	 	 	 	 	 	 	196,242	 	 	SF	 	 	6.00	 	 	 	1,177,452	 
	 	 	 	 	Concrete at end of shore blocks (20% Swell)
	 	 	 	 	 	 	30	 	 	CY	 	 	200.00	 	 	 	6,000	 
	 	 	 	 	Filter fabric at blocks
	 	 	 	 	 	 	196,242	 	 	SF	 	 	1.25	 	 	 	245,303	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Connection to Casino
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Concrete Utility Trench To Barge (3/C-14.2)
	 	 	 	 	 	 	130	 	 	LF	 	 	250.00	 	 	 	32,500	 
	 	 	 	 	Connection at Bridges to Barge (4/C-14.2) W/
Bridge (Above ground)
	 	 	 	 	 	 	290	 	 	LF	 	 	250.00	 	 	 	72,500	 
	 	 	 	 	12′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	16′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	Domestic, Hot and cold water lines (With Site
Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	2′′ Gas line (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	Electrical Condults 4′′ (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Ballasting and Connection Support (LPA)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	150,000.00	 	 	 	150,000	 
	 	 	 	 	Vessel Restraint Field Adjustments/Ballasts
	 	 	 	 	 	 	3	 	 	WKS	 	 	15,000.00	 	 	 	45,000	 
	 	 	 	 	Strain Gauges
	 	 	 	 	 	 	72	 	 	EA	 	 	3,500.00	 	 	 	252,000	 
	 	 	 	 	Electrical Support for Strain Gauge System
	 	 	 	 	 	 	72	 	 	EA	 	 	500.00	 	 	 	36,000	 
	 	 	 	 	 
	 	 	3,719,555	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	MR; Sound Attenuation Blankets
	 	 	 	 	 	 	14,000	 	 	SF	 	 	6.00	 	 	 	84,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Vessel Special Construction
Pilot House
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	75,000.00	 	 	 	75,000	 
	 	 	 	 	Smoke Stacks
	 	 	 	 	 	 	2	 	 	EA	 	 	25,000.00	 	 	 	50,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Theatrical Lighting & Trusses: OFOI
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 13 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	61.75	 	 	 	9,573,819	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 14
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Conveying Systems: Passenger
	 	 	 	 	 	 	4	 	 	STOPS	 	 	35,000.00	 	 	 	140,000	 
	 	 	 	 	Conveying Systems: Passenger Cabs
	 	 	 	 	 	 	2	 	 	EA	 	 	12,500.00	 	 	 	25,000	 
	 	 	 	 	Conveying Systems: Freight
	 	 	 	 	 	 	4	 	 	STOPS	 	 	40,000.00	 	 	 	160,000	 
	 	 	 	 	Platform Lift
	 	 	 	 	 	 	1	 	 	EA	 	 	16,000.00	 	 	 	16,000	 
	 	 	 	 	Escalator — 4 each
	 	 	 	 	 	 	98	 	 	RISERS	 	 	3,500.00	 	 	 	343,000	 
	 	 	 	 	 
	 	 	684,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Interior Elevator Operator
	 	 	 	 	 	 	13	 	 	WK	 	 	1,500.00	 	 	 	19,485	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 14 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	4.54	 	 	 	703,485	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


17 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION A




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	DIVISION 15
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Mechanical Systems
	 	 	 	 	 	 	155,040	 	 	SF	 	 	58.00	 	 	 	8,992,320	 
	 	 	 	 	Mechanical Tie — ln’s: CW/CHR/SS/Domestic
	 	 	 	 	 	 	4	 	 	EA	 	 	12,000.00	 	 	 	48,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Fire Protection
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.70	 	 	 	418,608	 
	 	 	 	 	Vessel Porte-Cochere Dry Pipe
	 	 	 	 	 	 	3,000	 	 	SF	 	 	4.00	 	 	 	12,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Pump Platform- Pumps & Pump Piping
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	250,000.00	 	 	 	250,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	BAS
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.50	 	 	 	387,600	 
	 	 	 	 	 
	 	 	10.108,528	 	 	 	 	 	 	 	 	 	 	 	65.20	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 15 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	65.20	 	 	 	10,108,528	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 16
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Electrical
	 	 	 	 	 	 	155,040	 	 	SF	 	 	30.00	 	 	 	4,651,200	 
	 	 	 	 	Pump Platform Electrical
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	20,000.00	 	 	 	20,000	 
	 	 	 	 	Primary/Secondary Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Communication Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Temp Power for Construction
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.00	 	 	 	155,040	 
	 	 	 	 	UPS: 25kva & 50 kva
	 	 	 	 	 	 	75	 	 	KVA	 	 	2,000.00	 	 	 	150,000	 
	 	 	 	 	 
	 	 	4,976,240	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Fire Alarm
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	 	 	 
	 	 	232,560	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Specialty Lighting — ALLOWANCE
	 	 	 	 	 	 	155,040	 	 	SF	 	 	10.00	 	 	 	1,550,400	 
	 	 	 	 	Dimming System at MR (with above)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Low Voltage
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Casino Surveilance/Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	15.00	 	 	 	1,162,800	 
	 	 	 	 	FOH & BOH Surv,/Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	5.00	 	 	 	387,600	 
	 	 	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Data/Phone: No Devices/Equipment
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.50	 	 	 	387,600	 
	 	 	 	 	 
	 	 	387,600	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	AV/Sound
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	 	 	 
	 	 	310,080	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 16 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	58.10	 	 	 	9,007,280	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	TOTAL COST
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	460.91	 	 	 	71,460,154	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


18 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 3
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Concrete: L1 6” Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65,892	 
	 	 	 	 	Concrete: L2 5” Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65,892	 
	 	 	 	 	Concrete: Mezz. 5” Lightweight SOMD
	 	 	 	 	 	 	0	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	Porte-Cochere Concrete: In Civil
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Metal Pan Stair Fill
	 	 	 	 	 	 	1,179	 	 	SF	 	 	4.00	 	 	 	4,717	 
	 	 	 	 	Misc. Equipment Pads
	 	 	 	 	 	 	1,000	 	 	SF	 	 	5.50	 	 	 	5,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Reinforcing Steel Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	9	 	 	TONS	 	 	861.10	 	 	 	7,750	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	18.00	 	 	 	14,004	 
	 	 	 	 	 
	 	 	21,754	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Reinf Installation
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Bars
	 	 	 	 	 	 	9	 	 	TONS	 	 	325.00	 	 	 	2,925	 
	 	 	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	10.00	 	 	 	7,780	 
	 	 	 	 	 
	 	 	10,705	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Ready-mix Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	2500 PSI Mud Slabs (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	91.56	 	 	 	0	 
	 	 	 	 	5000 PSI Pipe Fill (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	 	 	5000 PSI Basin Wall (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	 	 	4000 PSI LtWt Slab on Metal Deck
	 	 	 	 	 	 	2,649	 	 	CY	 	 	125.35	 	 	 	332,052	 
	 	 	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	332,052	 	 	 	2,649	 	 	CY	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 3 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	3.27	 	 	 	506,512	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 4
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Masonry
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 4 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 5
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Metals
	 	 	 	 	 	 	940	 	 	TN	 	 	3,050.00	 	 	 	2,867,000	 
	 	 	 	 	Metals @ MR (included above)
	 	 	 	 	 	 	0	 	 	TN	 	 	—	 	 	 	0	 
	 	 	 	 	(Deep Members @ MR)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Catwalks
	 	 	 	 	 	 	300	 	 	LF	 	 	650.00	 	 	 	195,000	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	CORDECK @ L1
	 	 	 	 	 	 	88,440	 	 	SF	 	 	4.65	 	 	 	411,246	 
	 	 	 	 	Floor Deck @ L2 (with above
	 	 	 	 	 	 	77,520	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	Mezzanine Floor Deck @ L2
	 	 	 	 	 	 	0	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	Metal Roof Deck
	 	 	 	 	 	 	77,520	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Miscellaneous Metals (.75 # / SF) 

No Stairs
	 	 	 	 	 	 	58	 	 	TN	 	 	4,500.00	 	 	 	261,630	 
	 	 	 	 	Metal Pan Stairs w/ Railings
	 	 	 	 	 	 	295	 	 	RISERS	 	 	550.00	 	 	 	162,155	 
	 	 	 	 	Vessel Perimeter Railing
	 	 	 	 	 	 	796	 	 	LF	 	 	145.00	 	 	 	115,420	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Structural Steel — Vessel
Porte-Cochere (Assumes 2)
	 	 	 	 	 	 	42	 	 	TN	 	 	2,800.00	 	 	 	117,600	 
	 	 	 	 	Vessel Porte-Cochere Roof Deck
	 	 	 	 	 	 	3,000	 	 	SF	 	 	2,50	 	 	 	7,500	 
	 	 	 	 	 
	 	 	4,137,551	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 






 


19 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Ornamental Metals
	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Ornamental Stair
	 	 	1	 	 	ALLOW	 	 	400,000.00	 	 	 	400,000	 
	 	 	 	 	Glass Rail @ Stair
	 	 	130	 	 	LF	 	 	400,00	 	 	 	52,000	 
	 	 	 	 	Glass Rail @ Balcony
	 	 	150	 	 	LF	 	 	400.00	 	 	 	60,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Expansion Joint: Road Deck
	 	 	420	 	 	LF	 	 	150.00	 	 	 	63,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 5 — Subtotal
	 	 	 	 	 	 	 	 	 	 	30.40	 	 	 	4,712,551	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 6
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Rough Carpentry
	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	 	 	Temporary Protection
	 	 	1	 	 	LS	 	 	34,760.00	 	 	 	34,760	 
	 	 	 	 	Misc BOH Millwork
	 	 	0	 	 	SF	 	 	1.00	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	(Millwork is in Finishes)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 6 — Subtotal
	 	 	 	 	 	 	 	 	 	 	2.22	 	 	 	344,840	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 7
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Roofing: Vessel
	 	 	77,520	 	 	SF	 	 	17.00	 	 	 	1,317,840	 
	 	 	 	 	Roofing: Vessel Porte-Cochere
	 	 	3,000	 	 	SF	 	 	17.00	 	 	 	51,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Joint Sealants
	 	 	6,016	 	 	LF	 	 	3.50	 	 	 	21,055	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS / Simulated Stone
	 	 	1	 	 	LS	 	 	592,590.00	 	 	 	592,590	 
	 	 	 	 	Simulated Stone Columns at North Elev
	 	 	1,536	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone Columns at East/West
Elev
	 	 	2,560	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone at North Elev
	 	 	9,606	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	Simulated Stone at East/West Elev
	 	 	3,006	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at South Elev
	 	 	12,780	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at East / West Elev
	 	 	18,820	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Cornice at Elev 56’
	 	 	9,600	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Cornice at Multipurpose
	 	 	2,100	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS at Stair Dog House
	 	 	2,400	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Panels at Multipurpose Pop Up
	 	 	7,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	EIFS Canopies at North Elev
	 	 	450	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Sprayed on Fireproofing: L2, Mezz & Roof
	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	 	 	Sprayed on Fireproofing: MPR High Roof
	 	 	20,735	 	 	SF	 	 	1.50	 	 	 	31,103	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Expansion Joint Assemblies (at Porte
Cochere, Ped
Bridge)
	 	 	1	 	 	LS	 	 	24,000.00	 	 	 	24,000	 
	 	 	 	 	Sprayed on Sound @ Btm of MR
	 	 	1	 	 	SF	 	 	3.50	 	 	 	4	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 7 — Subtotal
	 	 	 	 	 	 	 	 	 	 	14.64	 	 	 	2,270,151	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


20 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	DIVISION 8
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Misc. HM Frames/Doors/HW — BOH
	 	 	 	 	 	 	50,045	 	 	SF	 	 	0.75	 	 	 	37,534	 
	 	 	 	 	Hollow Metal Frames/Doors/HW: Ext. Single
	 	 	 	 	 	 	1	 	 	EA	 	 	1,500.00	 	 	 	1,500	 
	 	 	 	 	Hollow Metal Frames/Doors/HW: Ext. Double
	 	 	 	 	 	 	15	 	 	EA	 	 	2,100.00	 	 	 	31,500	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single L1
	 	 	 	 	 	 	8	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double L1
	 	 	 	 	 	 	5	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single L2
	 	 	 	 	 	 	9	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double L2
	 	 	 	 	 	 	23	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Single Mezz.
	 	 	 	 	 	 	0	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	HM Frames/Wd Door/HW: Int Double
	 	 	 	 	 	 	0	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 	 	Custom Wood Doors at Public Area?
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	70,534	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Glass at North Elevation
	 	 	 	 	 	 	6,060	 	 	SF	 	 	65.00	 	 	 	393,900	 
	 	 	 	 	Glass at East Elevation
	 	 	 	 	 	 	480	 	 	SF	 	 	65.00	 	 	 	31,200	 
	 	 	 	 	Glass at South Elevation
	 	 	 	 	 	 	1,500	 	 	SF	 	 	65.00	 	 	 	97,500	 
	 	 	 	 	Glass at West Elevation
	 	 	 	 	 	 	1,214	 	 	SF	 	 	65.00	 	 	 	78,910	 
	 	 	 	 	AL fins at Glass
	 	 	 	 	 	 	1,200	 	 	LF	 	 	150.00	 	 	 	180,000	 
	 	 	 	 	 
	 	 	781,510	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Skylight
	 	 	 	 	 	 	1,950	 	 	SF	 	 	165.00	 	 	 	321,750	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Revolving Door
	 	 	 	 	 	 	1	 	 	EA	 	 	125,000.00	 	 	 	125,000	 
	 	 	 	 	Storefront: Entry & Vestibule
	 	 	 	 	 	 	1,200	 	 	SF	 	 	50.00	 	 	 	60,000	 
	 	 	 	 	Entry Manual Glass Doors
	 	 	 	 	 	 	18	 	 	EA	 	 	3,500.00	 	 	 	63,000	 
	 	 	 	 	Entry Manual Glass Doors Custom Hardware
	 	 	 	 	 	 	18	 	 	EA	 	 	1,000.00	 	 	 	18,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Storefront: Retail: Assume 12’ x 10’
	 	 	 	 	 	 	120	 	 	SF	 	 	35.00	 	 	 	4,200	 
	 	 	 	 	Retail Glass Door: Custom
	 	 	 	 	 	 	1	 	 	EA	 	 	10,000.00	 	 	 	10,000	 
	 	 	 	 	Clean Exterior Close
	 	 	 	 	 	 	1	 	 	 	 	 	 	 	12,705.00	 	 	 	12,705	 
	 	 	 	 	Misc. Interior Glazing
	 	 	 	 	 	 	155,040	 	 	SF	 	 	0.10	 	 	 	15,504	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 8 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	9.56	 	 	 	1,482,203	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 9
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Exterior Framing
	 	 	 	 	 	 	1	 	 	LS	 	 	816,067.00	 	 	 	816,067	 
	 	 	 	 	Finishes F.O.H. Casino (PNK Allowance)
	 	 	 	 	 	 	54,695	 	 	SF	 	 	220.00	 	 	 	12,032,900	 
	 	 	 	 	Finishes F.O.H. L1 Public (PNK Allowance)
	 	 	 	 	 	 	10,490	 	 	SF	 	 	220.00	 	 	 	2,307,800	 
	 	 	 	 	Finishes F.O.H. L1 Special Venue
	 	 	 	 	 	 	 	 	 	SF	 	 	220.00	 	 	 	0	 
	 	 	 	 	Finishes F.O.H. L1 Retail (PNK Allowance)
	 	 	 	 	 	 	400	 	 	SF	 	 	220.00	 	 	 	88,000	 
	 	 	 	 	Finishes F.O.H. L2 Public (PNK Allowance)
	 	 	 	 	 	 	11.410	 	 	SF	 	 	220.00	 	 	 	2,510,200	 
	 	 	 	 	Finishes F.O.H. L2 Special Venue — Buffet/3 Meal/
Coffee/Banquet (PNK Allowance)
	 	 	 	 	 	 	7,700	 	 	SF	 	 	220.00	 	 	 	1,694,000	 
	 	 	 	 	Finishes
F.O.H. L2 Special Venue — Fine Dine (PNK
Allowance)
	 	 	 	 	 	 	6,200	 	 	SF	 	 	220.00	 	 	 	1,364,000	 
	 	 	 	 	Finishes F.O.H. L2 Multi-Purpose Room (PNK
Allowance)
	 	 	 	 	 	 	14,100	 	 	SF	 	 	220.00	 	 	 	3,102,000	 
	 	 	 	 	 
	 	 	23,098,900	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 






 


21 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C




GSF 155,040.00




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Finishes B.O.H. L1
	 	 	 	 	 	 	11,935	 	 	SF	 	 	35.00	 	 	 	417,725	 
	 	 	 	 	Finishes B.O.H. L2 Kitchens
	 	 	 	 	 	 	11,550	 	 	SF	 	 	50.00	 	 	 	577,500	 
	 	 	 	 	Finishes B.O.H. L2
	 	 	 	 	 	 	26,560	 	 	SF	 	 	35.00	 	 	 	929,600	 
	 	 	 	 	Finishes B.O.H. Mezzanine
	 	 	 	 	 	 	 	 	 	SF	 	 	35.00	 	 	 	0	 
	 	 	 	 	 
	 	 	1,924,825	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	 	 	Vessel Porte-Cochere Finishes
	 	 	 	 	 	 	3,000	 	 	SF	 	 	75.00	 	 	 	225,000	 
	 	 	 	 	Final Clean
	 	 	 	 	 	 	1	 	 	LS	 	 	41,500.00	 	 	 	41,500	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 9 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	168.38	 	 	 	26,106,292	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 10
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Specialties
	 	 	 	 	 	 	155,040	 	 	SF	 	 	0.50	 	 	 	77,520	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 10 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0.50	 	 	 	77,520	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 11 EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Kitchen Equipment (PNK Allowance)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	5,895,000.00	 	 	 	5,895,000	 
	 	 	 	 	K Equipment ( L1 Coffee Bar)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L1 Display Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L1 Service Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment
( L1 VIP Lounge/Players Club)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L2 Buffet/3 Meal/Coffee Shop/
Banquet Kitchen)
	 	 	 	 	 	 	6,500	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L2 Fine Dining)
	 	 	 	 	 	 	2,700	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment ( L2 MP Pantry)
	 	 	 	 	 	 	1,200	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 Liquor Storage)
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment
(L2 EDR)
	 	 	 	 	 	 	2,350	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment (L2 Dishwashing Equip)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment Warewashing
	 	 	 	 	 	 	1	 	 	LSUM	 	 	 	 	 	 	0	 
	 	 	 	 	K Equipment Warehouse
	 	 	 	 	 	 	1	 	 	LSUM	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	5,895,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Platform
	 	 	 	 	 	 	1,400	 	 	SF	 	 	75.00	 	 	 	105,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 11 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	38.70	 	 	 	6,000,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 12 FURNISHINGS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Furnishings: OFOI
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 12 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	DIVISION 13 SPECIAL CONSTRUCTION
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	Marine Work
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	Pump Platform, Pipes & Casing
	 	 	 	 	 	 	1	 	 	LS	 	 	125,000.00	 	 	 	125,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	12’ x 555’ Sheet piling for basin concrete wall
	 	 	 	 	 	 	6,660	 	 	SF	 	 	53.00	 	 	 	352,980	 
	 	 	 	 	H14 x 73 x
60’ Battered Piles at basin concrete wall
	 	 	 	 	 	 	16,560	 	 	LF	 	 	60.00	 	 	 	993,600	 
	 	 	 	 	Mobilization: In/Out
	 	 	 	 	 	 	1	 	 	EA	 	 	50,000.00	 	 	 	50,000	 
	 	 	 	 	15’ x 487’ x 2’ Concrete Wall at Basin
	 	 	 	 	 	 	7,605	 	 	SF	 	 	27.00	 	 	 	205,335	 
	 	 	 	 	13’ x
487’ x 2.5’ Concrete Footing at Basin Wall
	 	 	 	 	 	 	6,591	 	 	SF	 	 	35.00	 	 	 	230,685	 
	 	 	 	 	 
	 	 	1,832,600	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 






 


22 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C




GSF 155,040.00



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	 	Unit Cost	 	 	Activity Cost	 
	 	 	 	 	Dry Cut Basin from +29 to +20
	 	 	 	 	 	 	44,010	 	 	CY	 	 	4.00	 	 	 	176,040	 
	 	 	 	 	Berm at basin
	 	 	 	 	 	 	6,000	 	 	CY	 	 	6.50	 	 	 	39,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Rip
Rap at Concrete Wall 9′ X 555′
	 	 	 	 	 	 	500	 	 	TN	 	 	90.00	 	 	 	45,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	42′′ x
126′ dia Mooring Pipe Piles at Basin (includes
concrete)
	 	 	 	 	 	 	9,072	 	 	EA	 	 	342.00	 	 	 	3,102,624	 
	 	 	 	 	Mobilization: In/Out — BOH
	 	 	 	 	 	 	1	 	 	LS	 	 	100,000.00	 	 	 	100,000	 
	 	 	 	 	Engineering and Layout — BOH
	 	 	 	 	 	 	1	 	 	EA	 	 	225,000.00	 	 	 	225,000	 
	 	 	 	 	 
	 	 	3,427,624	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Pile “Caps” at Basin (includes chain and clevis)
	 	 	 	 	 	 	72	 	 	EA	 	 	15,000.00	 	 	 	1,080,000	 
	 	 	 	 	Pad Eye Installation ( by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	—	 	 	 	0	 
	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Pile Capture Device (Labor Only)
	 	 	 	 	 	 	72	 	 	EA	 	 	4,500.00	 	 	 	324,000	 
	 	 	 	 	Install Truss Sections at Bridge Beam Infill (by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	150.00	 	 	 	10,800	 
	 	 	 	 	Install
Bridge Beams (2 ea 12′ x 240′)
	 	 	 	 	 	 	5,760	 	 	SF	 	 	50.00	 	 	 	288,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	ShoreBlock (includes anchors and void fill)
	 	 	 	 	 	 	196,242	 	 	SF	 	 	6,00	 	 	 	1,177,452	 
	 	 	 	 	Concrete at end of shore blocks (20% Swell)
	 	 	 	 	 	 	30	 	 	CY	 	 	200.00	 	 	 	6,000	 
	 	 	 	 	Filter fabric at blocks
	 	 	 	 	 	 	196,242	 	 	SF	 	 	1.25	 	 	 	245,303	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Connection to Casino
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Concrete Utility Trench To Barge (3/C-14.2)
	 	 	 	 	 	 	130	 	 	LF	 	 	250.00	 	 	 	32,500	 
	 	 	 	 	Connection at Bridges to Barge (4/C-14.2) W/
Bridge (Above ground)
	 	 	 	 	 	 	290	 	 	LF	 	 	250.00	 	 	 	72,500	 
	 	 	 	 	12′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	16′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	Domestic, Hot and cold water lines (With Site
Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	2′′ Gas line (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	Electrical
Conduits 4′′ (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Ballasting and Connection Support (LPA)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	150,000.00	 	 	 	150,000	 
	 	 	 	 	Vessel Restraint Field Adjustments/Ballasts
	 	 	 	 	 	 	3	 	 	WKS	 	 	15,000.00	 	 	 	45,000	 
	 	 	 	 	Strain Gauges
	 	 	 	 	 	 	72	 	 	EA	 	 	3,500.00	 	 	 	252,000	 
	 	 	 	 	Electrical Support for Strain Gauge System
	 	 	 	 	 	 	72	 	 	EA	 	 	500.00	 	 	 	36,000	 
	 	 	 	 	 
	 	 	3,719,555	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	MR: Sound Attenuation Blankets
	 	 	 	 	 	 	14,000	 	 	SF	 	 	6.00	 	 	 	84,000	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Vessel special Construction
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Pilot House
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	75,000.00	 	 	 	75,000	 
	 	 	 	 	Smoke Stacks
	 	 	 	 	 	 	2	 	 	EA	 	 	25.000.00	 	 	 	50,000	 
	 	 	 	 	 
	 	 	125,000	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	Theatrical Lighting & Trusses: OFOI
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 13 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	61.75	 	 	 	9,573,819	 
	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 








 


23 of 36











 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION C


GSF 155,040.00


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	DIVISION
14
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Conveying Systems: Passenger
	 	 	 	 	 	 	4	 	 	STOPS	 	 	35,000.00	 	 	 	140,000	 
	 	 	Conveying Systems: Passenger Cabs
	 	 	 	 	 	 	2	 	 	EA	 	 	12,500.00	 	 	 	25,000	 
	 	 	Conveying Systems: Freight
	 	 	 	 	 	 	4	 	 	STOPS	 	 	40,000.00	 	 	 	160,000	 
	 	 	Stage Lift
	 	 	 	 	 	 	1	 	 	EA	 	 	16,000.00	 	 	 	16,000	 
	 	 	Escalator — 4 each
	 	 	 	 	 	 	98	 	 	RISERS	 	 	3,500.00	 	 	 	343,000	 
	 	 	 
	 	 	684,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Interior Elevator Operator
	 	 	 	 	 	 	13	 	 	WK	 	 	1,500.00	 	 	 	19,485	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 14 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	4.54	 	 	 	703,485	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 15
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Mechanical Systems
	 	 	 	 	 	 	155,040	 	 	SF	 	 	58.00	 	 	 	8,992,320	 
	 	 	Mechanical Tie -In’s: CW/CHR/SS/Domestic
	 	 	 	 	 	 	4	 	 	EA	 	 	12,000.00	 	 	 	48,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 		 
	 	 	Fire Protection
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.70	 	 	 	418,608	 
	 	 	Vessel Porte-Cochere Dry Pipe
	 	 	 	 	 	 	3,000	 	 	SF	 	 	4.00	 	 	 	12,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 		 
	 	 	Pump Platform- Pumps & Pump Piping
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	250,000.00	 	 	 	250,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 		 
	 	 	BAS
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.50	 	 	 	387,600	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 15 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	65.20	 	 	 	10,108,528	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 16
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Electrical
	 	 	 	 	 	 	155,040	 	 	SF	 	 	30.00	 	 	 	4,651,200	 
	 	 	Pump Platform Electrical
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	20,000.00	 	 	 	20,000	 
	 	 	Primary/Secondary Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Communication Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Temp Power for Construction
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.00	 	 	 	155,040	 
	 	 	UPS: 25kva & 50 kva
	 	 	 	 	 	 	75	 	 	KVA	 	 	2,000.00	 	 	 	150,000	 
	 	 	 
	 	 	4,976,240	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Fire Alarm
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	232,560	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Specially Lighting — ALLOWANCE
	 	 	 	 	 	 	155,040	 	 	SF	 	 	10.00	 	 	 	1,550,400	 
	 	 	Dimming System at MR (with above)
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Low Voltage
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Casino Surveilance/Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	15.00	 	 	 	1,162,800	 
	 	 	FOH & BOH Surv./Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	5.00	 	 	 	387,600	 
	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 		 
	 	 	Data/Phone: No Devices/Equipment
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.50	 	 	 	387,600	 
	 	 	 
	 	 	387,600	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	AV/Sound
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	 
	 	 	310,080	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 16 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	58.10	 	 	 	9,007,280	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	TOTAL COST
	 	 	 	 	 	 	 	 	 	 	 	 	457.26	 	 	 	70,893,180	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 






 


24 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F


GSF 155,040.00


	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	DIVISION 3
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Concrete: L1
6′′ Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65,892	 
	 	 	Concrete: L2 5′′ Lightweight SOMD
	 	 	 	 	 	 	77,520	 	 	SF	 	 	0.85	 	 	 	65,892	 
	 	 	Concrete: Mezz. 5′′ Lightweight SOMD
	 	 	 	 	 	 	0	 	 	SF	 	 	—	 	 	 	0	 
	 	 	Porte-Cochere Concrete: In Civil
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	Metal Pan Stair Fill
	 	 	 	 	 	 	1,179	 	 	SF	 	 	4.00	 	 	 	4,717	 
	 	 	Misc. Equipment Pads
	 	 	 	 	 	 	1,000	 	 	SF	 	 	5.50	 	 	 	5,500	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Reinforcing Steel Materials
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Bars
	 	 	 	 	 	 	9	 	 	TONS	 	 	861.10	 	 	 	7,750	 
	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	18.00	 	 	 	14.004	 
	 	 	 
	 	 	21,754	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Reinf Installation
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Bars
	 	 	 	 	 	 	9	 	 	TONS	 	 	325.00	 	 	 	2,925	 
	 	 	Mesh
	 	 	 	 	 	 	778	 	 	SQS	 	 	10.00	 	 	 	7,780	 
	 	 	 
	 	 	10,705	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Ready-mix Materials
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	2500 PSI Mud Slabs (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	91.56	 	 	 	0	 
	 	 	5000 PSI Pipe Fill (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	5000 PSI Basin Wall (w/Marine Work)
	 	 	 	 	 	 	0	 	 	CY	 	 	97.01	 	 	 	0	 
	 	 	4000 PSI LtWt Slab on Metal Deck
	 	 	 	 	 	 	2,649	 	 	CY	 	 	125.35	 	 	 	332,052	 
	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	0	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 
	 	 	332,052	 	 	 	2,649	 	 	CY	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 3 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	3.27	 	 	 	506,512	 
	 	 	DIVISION 4
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Masonry
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 4 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 5
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Metals
	 	 	 	 	 	 	940	 	 	TN	 	 	3,050.00	 	 	 	2,867,000	 
	 	 	Metals @ MR (included above)
	 	 	 	 	 	 	0	 	 	TN	 	 	—	 	 	 	0	 
	 	 	(Deep Members @ MR)
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	Catwalks
	 	 	 	 	 	 	300	 	 	LF	 	 	650.00	 	 	 	195,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	CORDECK@L1
	 	 	 	 	 	 	88,440	 	 	SF	 	 	4.65	 	 	 	411,246	 
	 	 	Floor Deck @ L2 (with above
	 	 	 	 	 	 	77,520	 	 	SF	 	 	—	 	 	 	0	 
	 	 	Mezzanine Floor Deck @ L2
	 	 	 	 	 	 	0	 	 	SF	 	 	—	 	 	 	0	 
	 	 	Metal Roof Deck
	 	 	 	 	 	 	77,520	 	 	SF	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	Miscellaneous Metals (.75 # / SF) No Stairs
	 	 	 	 	 	 	58	 	 	TN	 	 	4,500.00	 	 	 	261,630	 
	 	 	Metal Pan Stairs w/ Railings
	 	 	 	 	 	 	295	 	 	RISERS	 	 	550.00	 	 	 	162,155	 
	 	 	Vessel Perimeter Railing
	 	 	 	 	 	 	796	 	 	LF	 	 	145.00	 	 	 	115,420	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 	 
	 	 	Structural Steel — Vessel Porte-Cochere (Assumes 2
	 	 	 	 	 	 	42	 	 	TN	 	 	2,800.00	 	 	 	117,600	 
	 	 	Vessel Porte-Cochere Roof Deck
	 	 	 	 	 	 	3,000	 	 	SF	 	 	2.60	 	 	 	7,500	 
	 	 	 
	 	 	4,137,551	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 





 


25 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	GSF 155,040.00	 
	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	Ornamental Metals
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Ornamental Stair
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	400,000.00	 	 	 	400,000	 
	 	 	Glass Rail
@ Stair
	 	 	 	 	 	 	130	 	 	LF	 	 	400.00	 	 	 	52,000	 
	 	 	Glass Rail @ Balcony
	 	 	 	 	 	 	150	 	 	LF	 	 	400.00	 	 	 	60,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Expansion Joint: Road Deck
	 	 	 	 	 	 	420	 	 	LF	 	 	150.00	 	 	 	63,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 5 - Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	30.40	 	 	 	4,712,551	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 6
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Rough Carpentry
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	Temporary Protection
	 	 	 	 	 	 	1	 	 	LS	 	 	34,760.00	 	 	 	34,760	 
	 	 	Misc BOH Millwork
	 	 	 	 	 	 	0	 	 	SF	 	 	1.00	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	(Millwork is in Finishes)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 6 - Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	2.22	 	 	 	344,840	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 7
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Roofing: Vessel
	 	 	 	 	 	 	77,520	 	 	SF	 	 	17.00	 	 	 	1,317,840	 
	 	 	Roofing: Vessel Porte-Cochere
	 	 	 	 	 	 	3,000	 	 	SF	 	 	17.00	 	 	 	51,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Joint Sealants
	 	 	 	 	 	 	6,016	 	 	LF	 	 	3.50	 	 	 	21,055	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	EIFS / Simulated Stone
	 	 	 	 	 	 	1	 	 	LS	 	 	441,470.00	 	 	 	441,470	 
	 	 	EIFS Columns at North Elev
	 	 	 	 	 	 	1,536	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS Columns
at East/West Elev
	 	 	 	 	 	 	2,560	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS at North Elev (with Reveals)
	 	 	 	 	 	 	9,450	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS at East / West Elev (with Reveals)
	 	 	 	 	 	 	18,820	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS at South Elev
	 	 	 	 	 	 	12,780	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS Cornice at Elev 56’
	 	 	 	 	 	 	9,600	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS Cornice at Multipurpose
	 	 	 	 	 	 	2,100	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS at Stair Dog House
	 	 	 	 	 	 	2,400	 	 	SF	 	 	 	 	 	 	0	 
	 	 	EIFS at Multipurpose Pop Up
	 	 	 	 	 	 	7,000	 	 	SF	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Sprayed on Fireproofing: L2, Mezz & Roof
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	Sprayed on Fireproofing: MPR High Roof
	 	 	 	 	 	 	20,735	 	 	SF	 	 	1.50	 	 	 	31,103	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Expansion Joint Assemblies (at Porte Cochere,
Ped Bridge)
	 	 	 	 	 	 	1	 	 	LS	 	 	24,000.00	 	 	 	24,000	 
	 	 	Sprayed on
Sound @ Btm of MR
	 	 	 	 	 	 	1	 	 	SF	 	 	3.50	 	 	 	4	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 7 -  Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	13.67	 	 	 	2,119,031	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 








 


26 of 36









 






DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	GSF 155,040.00	 
	Sys.	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	 	Unit Cost	 	Activity Cost	 
	 	 	DIVISION 8
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Misc. HM Frames/Doors/HW- BOH
	 	 	 	 	 	50,045	 	 	SF	 	 	 	0.75	 	 	37,534	 
	 	 	Hollow Metal Frames/Doors/HW: Ext. Single
	 	 	 	 	 	1	 	 	EA	 	 	 	1,500.00	 	 	1,500	 
	 	 	Hollow Metal Frames/Doors/HW: Ext. Double
	 	 	 	 	 	15	 	 	EA	 	 	 	2,100.00	 	 	31,500	 
	 	 	HM Frames/Wd Door/HW: Int Single L1
	 	 	 	 	 	8	 	 	EA	 	 	 	—	 	 	0	 
	 	 	HM Frames/Wd Door/HW: Int Double L1
	 	 	 	 	 	5	 	 	EA	 	 	 	—	 	 	0	 
	 	 	HM Frames/Wd Door/HW: Int Single L2
	 	 	 	 	 	9	 	 	EA	 	 	 	—	 	 	0	 
	 	 	HM Frames/Wd Door/HW: Int Double L2
	 	 	 	 	 	23	 	 	EA	 	 	 	—	 	 	0	 
	 	 	HM Frames/Wd Door/HW: Int Single Mezz.
	 	 	 	 	 	 	 	 	EA	 	 	 	—	 	 	0	 
	 	 	HM Frames/Wd Door/HW: Int Double
	 	 	 	 	 	0	 	 	EA	 	 	 	—	 	 	0	 
	 	 	Custom Wood Doors at Public Area?

	 	 	70,534	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 
	 	 	Glass at North Elevation
	 	 	 	 	 	5,730	 	 	SF	 	 	 	65.00	 	 	372,450	 
	 	 	Glass at East Elevation
	 	 	 	 	 	0	 	 	SF	 	 	 	65.00	 	 	0	 
	 	 	Glass at South Elevation
	 	 	 	 	 	1,500	 	 	SF	 	 	 	65.00	 	 	97,500	 
	 	 	Glass at West Elevation
	 	 	 	 	 	1,970	 	 	SF	 	 	 	65.00	 	 	128,050	 
	 	 	AL fins at Glass
	 	 	 	 	 	1,200	 	 	LF	 	 	 	150.00	 	 	180,000	 
	 	 	 
	 	 	778,000	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Skylight
	 	 	 	 	 	1,950	 	 	SF	 	 	 	165.00	 	 	321,750	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Revolving Door
	 	 	 	 	 	1	 	 	EA	 	 	 	125,000.00	 	 	125,000	 
	 	 	Storefront: Entry & Vestibule
	 	 	 	 	 	1,200	 	 	SF	 	 	 	50.00	 	 	60,000	 
	 	 	Entry Manual Glass Doors
	 	 	 	 	 	18	 	 	EA	 	 	 	3,500.00	 	 	63,000	 
	 	 	Entry Manual Glass Doors Custom Hardware
	 	 	 	 	 	18	 	 	EA	 	 	 	1,000,00	 	 	18,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Storefront:
Retail: Assume 12′ x 10′
	 	 	 	 	 	120	 	 	SF	 	 	 	35.00	 	 	4,200	 
	 	 	Retail Glass Door; Custom
	 	 	 	 	 	1	 	 	EA	 	 	 	10,000.00	 	 	10,000	 
	 	 	Clean Exterior Glass
	 	 	 	 	 	1	 	 	LS	 	 	 	12,705.00	 	 	12,705	 
	 	 	Misc. Interior Glazing
	 	 	 	 	 	1 55,040	 	 	SF	 	 	 	0.10	 	 	15,504	 
	SBTL	 	Division 8 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	0.54	 	 	1,478,693	 
	 	 	DIVISION 9
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Exterior Framing
	 	 	 	 	 	1	 	 	LS	 	 	 	816,067.00	 	 	816,067	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Finishes F.O.H. Casino (PNK Allowance)
	 	 	 	 	 	54,695	 	 	SF	 	 	 	220.00	 	 	12,032,900	 
	 	 	Finishes F.O.H. L1 Public (PNK Allowance)
	 	 	 	 	 	10,490	 	 	SF	 	 	 	220.00	 	 	2,307,800	 
	 	 	Finishes F.O.H. L1 Special Venue
	 	 	 	 	 	 	 	 	SF	 	 	 	220.00	 	 	0	 
	 	 	Finishes F.O.H. L1 Retail (PNK Allowance)
	 	 	 	 	 	400	 	 	SF	 	 	 	220.00	 	 	88,000	 
	 	 	Finishes F.O.H. L2 Public (PNK Allowance)
	 	 	 	 	 	11,410	 	 	SF	 	 	 	220.00	 	 	2,510,200	 
	 	 	Finishes F.O.H. L2 Special Venue — Buffet/3 Meal/
Coffee/Banquet (PNK Allowance)
	 	 	 	 	 	7,700	 	 	SF	 	 	 	220.00	 	 	1,694,000	 
	 	 	Finishes F.O.H. L2 Special Venue — Fine Dine (PNK
Allowance)
	 	 	 	 	 	6,200	 	 	SF	 	 	 	220.00	 	 	1,364,000	 
	 	 	Finishes F.O.H. L2 Multi-Purpose Room (PNK
Allowance)
	 	 	 	 	 	14,100	 	 	SF	 	 	 	220.00	 	 	3,102,000	 
	 	 	 
	 	 	23,098,900	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Finishes B.O.H. L1
	 	 	 	 	 	11,935	 	 	SF	 	 	 	35.00	 	 	417,725	 
	 	 	Finishes B.O.H. L2 Kitchens
	 	 	 	 	 	11,550	 	 	SF	 	 	 	50.00	 	 	577,500	 
	 	 	Finishes B.O.H. L2
	 	 	 	 	 	26,560	 	 	SF	 	 	 	35.00	 	 	929,600	 
	 	 	Finishes B.O.H. Mezzanine
	 	 	 	 	 	 	 	 	SF	 	 	 	35.00	 	 	0	 
	 	 	 
	 	 	1,924,825	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Vessel Porte-Cochere Finishes
	 	 	 	 	 	3,000	 	 	SF	 	 	 	75.00	 	 	225,000	 
	 	 	Final Clean
	 	 	 	 	 	1	 	 	LS	 	 	 	41,500.00	 	 	41,500	 
	SBTL	 	Division 9 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	168.38	 	 	26,106,292	 





 


27 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	GSF 155,040.00	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	DIVISION 10
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Specialties
	 	 	 	 	 	 	155,040	 	 	SF	 	 	0.50	 	 	 	77,520	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 10 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	0.50	 	 	 	77,520	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 11 EQUIPMENT
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Kitchen Equipment (PNK Allowance)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	5,895,000.00	 	 	 	5,895,000	 
	 	 	K Equipment (L1 Coffee Bar)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	K Equipment (L1 Display Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	K Equipment (L1 Service Bars)
	 	 	 	 	 	 	2	 	 	EA	 	 	 	 	 	 	0	 
	 	 	K Equipment (L1 VIP Lounge/Players Club)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	K Equipment
(L2 Buffet/3 Meal/Coffee Shop/Banquet Kitchen)
	 	 	 	 	 	 	6,500	 	 	SF	 	 	 	 	 	 	0	 
	 	 	K Equipment (L2 Fine Dining)
	 	 	 	 	 	 	2,700	 	 	SF	 	 	 	 	 	 	0	 
	 	 	K Equipment (L2 MP Pantry)
	 	 	 	 	 	 	1,200	 	 	SF	 	 	 	 	 	 	0	 
	 	 	K Equipment (L2 Liquor Storage)
	 	 	 	 	 	 	1	 	 	LS	 	 	 	 	 	 	0	 
	 	 	K Equipment (L2 EDR)
	 	 	 	 	 	 	2,350	 	 	SF	 	 	 	 	 	 	0	 
	 	 	K Equipment (L2 Dishwashing Equip)
	 	 	 	 	 	 	1	 	 	EA	 	 	 	 	 	 	0	 
	 	 	K Equipment Warewashing
	 	 	 	 	 	 	1	 	 	LSUM	 	 	 	 	 	 	0	 
	 	 	K Equipment Warehouse
	 	 	 	 	 	 	1	 	 	LSUM	 	 	 	 	 	 	0	 
	 	 	 
	 	 	5,895,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Platform
	 	 	 	 	 	 	1,400	 	 	SF	 	 	75.00	 	 	 	105,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 11 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	38.70	 	 	 	6,000,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 12 FURNISHINGS
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Furnishings: OFOI
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 12 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 13 SPECIAL CONSTRUCTION
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Marine Work
	 	 	0	 	 	 	0	 	 	—	 	 	—	 	 	 	0	 
	 	 	Pump Platform, Pipes & Casing
	 	 	 	 	 	 	1	 	 	LS	 	 	125,000.00	 	 	 	125,000	 
	 	 	 
	 	 	0	 	 	 	0	 	 	—	 	 	—	 	 	 	0	 
	 	 	12′ x 555′ Sheet piling for basin concrete wall
	 	 	 	 	 	 	6,660	 	 	SF	 	 	53.00	 	 	 	352.980	 
	 	 	H14 x 73 x 60′ Battered Piles at basin concete wall
	 	 	 	 	 	 	16,560	 	 	LF	 	 	60.00	 	 	 	993,600	 
	 	 	Mobilization: In/Out
	 	 	 	 	 	 	1	 	 	EA	 	 	50,000.00	 	 	 	50,000	 
	 	 	15′ x 487′ x 2′ Concrete Wall at Basin
	 	 	 	 	 	 	7,605	 	 	SF	 	 	27.00	 	 	 	205,335	 
	 	 	13′ x 487′ x 2.5′ Concrete Footing at Basin Wall
	 	 	 	 	 	 	6,591	 	 	SF	 	 	35.00	 	 	 	230,685	 
	 	 	 
	 	 	1,832,600	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Dry Cut Basin from +29 to +20
	 	 	 	 	 	 	44,010	 	 	CY	 	 	4.00	 	 	 	176,040	 
	 	 	Berm at basin
	 	 	 	 	 	 	6,000	 	 	CY	 	 	6.50	 	 	 	39,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Rip Rap at Concrete Wall 9′ X 555′
	 	 	 	 	 	 	500	 	 	TN	 	 	90.00	 	 	 	45,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	42′′ x 126′ dia Mooring Pipe Piles at Basin (includes
concrete)
	 	 	 	 	 	 	9,072	 	 	EA	 	 	342.00	 	 	 	3,102,624	 
	 	 	Mobilization: In/Out — BOH
	 	 	 	 	 	 	1	 	 	LS	 	 	100,000.00	 	 	 	100,000	 
	 	 	Engineering and Layout- BOH
	 	 	 	 	 	 	1	 	 	EA	 	 	225,000.00	 	 	 	225,000	 
	 	 	 
	 	 	3,427,624	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 






 


28 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F


GSF 155,040.00



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	Pile “Caps” at Basin (includes chain and clevis)
	 	 	 	 	 	 	72	 	 	EA	 	 	15,000,00	 	 	 	1,080,000	 
	 	 	Pad Eye Installation (by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Pile Capture Device (Labor Only)
	 	 	 	 	 	 	72	 	 	EA	 	 	4,500.00	 	 	 	324,000	 
	 	 	Install Truss Sections at
Bridge Beam Infill (by LPA)
	 	 	 	 	 	 	72	 	 	EA	 	 	150.00	 	 	 	10,800	 
	 	 	Install Bridge Beams (2 ea 12′ x 240′)
	 	 	 	 	 	 	5,760	 	 	SF	 	 	50.00	 	 	 	288,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	ShoreBlock (includes anchors and void fill)
	 	 	 	 	 	 	196,242	 	 	SF	 	 	6.00	 	 	 	1,177,452	 
	 	 	Concrete at end of shore blocks (20% Swell)
	 	 	 	 	 	 	30	 	 	CY	 	 	200.00	 	 	 	6,000	 
	 	 	Filter fabric at blocks
	 	 	 	 	 	 	196,242	 	 	SF	 	 	1.25	 	 	 	245,303	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Connection to Casino
	 	 	 	 	 	 	0	 	 	—	 	 	—	 	 	 	0	 
	 	 	Concrete Utility Trench To Barge (3/C-14.2)
	 	 	 	 	 	 	130	 	 	LF	 	 	250.00	 	 	 	32,500	 
	 	 	Connection at Bridges to Barge (4/C-14.2) W/Bridge (Above ground)
	 	 	 	 	 	 	290	 	 	LF	 	 	250.00	 	 	 	72,500	 
	 	 	12′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	16′′ Chilled water lines (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	Domestic, Hot and cold water lines (With Site
Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	2′′ Gas line (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	Electrical Conduits 4′′ (With Site Utilities)
	 	 	 	 	 	 	0	 	 	LF	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Ballasting and Connection Support (LPA)
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	150,000.00	 	 	 	150,000	 
	 	 	Vessel Restraint Field Adjustments/Ballasts
	 	 	 	 	 	 	3	 	 	WKS	 	 	15,000.00	 	 	 	45,000	 
	 	 	Strain Gauges
	 	 	 	 	 	 	72	 	 	EA	 	 	3,500.00	 	 	 	252,000	 
	 	 	Electrical Support for Strain Gauge System
	 	 	 	 	 	 	72	 	 	EA	 	 	500.00	 	 	 	36,000	 
	 	 	 
	 	 	3,719,555	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	MR: Sound Attenuation Blankets
	 	 	 	 	 	 	14,000	 	 	SF	 	 	6.00	 	 	 	84,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Vessel Special Construction
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Pilot House
	 	 	 	 	 	1	 	ALLOW	 	 	75,000.00	 	 	 	75,000	 
	 	 	Smoke Stacks
	 	 	 	 	 	 	2	 	 	EA	 	 	25,000.00	 	 	 	50,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	Theatrical Lighting & Trusses: OFOI
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL       	 	Division 13 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	61.75	 	 	 	9,573,819	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	DIVISION 14
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Conveying Systems: Passenger
	 	 	 	 	 	4       	 	STOPS	 	 	35,000.00	 	 	 	140,000	 
	 	 	Conveying Systems: Passenger Cabs
	 	 	 	 	 	2	 	EA	 	 	12,500.00	 	 	 	25,000	 
	 	 	Conveying Systems: Freight
	 	 	 	 	 	4	 	STOPS	 	 	40,000.00	 	 	 	160,000	 
	 	 	Stage Lift
	 	 	 	 	 	1	 	EA	 	 	16,000.00	 	 	 	16,000	 
	 	 	Escalator -4 each
	 	 	 	 	 	98	 	RISERS	 	 	3,500.00	 	 	 	343,000	 
	 	 	 
	 	 	684,000	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Interior Elevator Operator
	 	 	 	 	 	13	 	WK	 	 	1,500.00	 	 	 	19,485	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 14 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	4.54	 	 	 	703,485	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





 


29 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F


GSF 155,040.00



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	 	Unit Cost	 	Activity Cost	 
	 	 	DIVISION 15
	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Mechanical Systems
	 	 	155,040	 	 	SF	 	58.00	 	 	8,992,320	 
	 	 	Mechanical Tie -In’s: CW/CHR/SS/Domestic
	 	 	4	 	 	EA	 	12,000.00	 	 	48,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Fire Protection
	 	 	155,040	 	 	SF	 	2.70	 	 	418,608	 
	 	 	Vessel Porte-Cochere Dry Pipe
	 	 	3,000	 	 	SF	 	4.00	 	 	12,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	Pump Platform- Pumps & Pump Piping
	 	 	1	 	 	ALLOW	 	250,000.00	 	 	250,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	 	 	BAS
	 	 	155,040	 	 	SF	 	2.50	 	 	387,600	 
	 	 	 
	 	 	 	 	 	 	 	 	 	—	 	 	 	 
	SBTL	 	Division 15 — Subtotal
	 	 	 	 	 	 	 	 	 	65.20	 	 	10,108,528	 






 


30 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CASINO ELEVATION F




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	GSF 155,040.00	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	DIVISION 16
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Electrical
	 	 	 	 	 	 	155,040	 	 	SF	 	 	30.00	 	 	 	4,651,200	 
	 	 	Pump Platform Electrical
	 	 	 	 	 	 	1	 	 	ALLOW	 	 	20,000.00	 	 	 	20,000	 
	 	 	Primary/Secondary Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Communication Duct Bank: In Site
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Temp Power for Construction
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.00	 	 	 	155,040	 
	 	 	UPS: 25kva & 50 kva
	 	 	 	 	 	 	75	 	 	KVA	 	 	2,000.00	 	 	 	150,000	 
	 	 	 
	 	 	4,976,240	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Fire Alarm
	 	 	 	 	 	 	155,040	 	 	SF	 	 	1.50	 	 	 	232,560	 
	 	 	 
	 	 	232,560	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Specialty Lighting — ALLOWANCE
	 	 	 	 	 	 	155,040	 	 	SF	 	 	10.00	 	 	 	1,550,400	 
	 	 	Dimming System at MR (with above)
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Low Voltage
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Casino Surveilance/Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	15.00	 	 	 	1,162,800	 
	 	 	FOH & BOH Surv./Security: No Equipment
	 	 	 	 	 	 	77,520	 	 	SF	 	 	5.00	 	 	 	387,600	 
	 	 	 
	 	 	1,550,400	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Data/Phone: No Devices/Equipment
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.50	 	 	 	387,600	 
	 	 	 
	 	 	387,600	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	AV/Sound
	 	 	 	 	 	 	155,040	 	 	SF	 	 	2.00	 	 	 	310,080	 
	 	 	 
	 	 	310,080	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 16 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	58.10	 	 	 	9,007,280	 
	 
	 	 	TOTAL COST
	 	 	 	 	 	 	 	 	 	 	 	 	456.26	 	 	 	70,738,550	 





 


31 of 36









 







DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CENTRAL PLANT


GSF 5,140




	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 	 	Division 2 — Sitework:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Earthwork

	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Pile lnspections, Oversight, Testing (By Owner)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Prestressed Concrete Piles (24′′ material; typ and
prestressed)
	 	 	 	 	 	 	7,378	 	 	LF	 	 	40.00	 	 	 	295,120	 
	 	 	Drive Prestressed Concrete Piles
	 	 	 	 	 	 	7,378	 	 	LF	 	 	30.00	 	 	 	221,340	 
	 	 	 
	 	 	516,460	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Mobilization: In/Out (2 each) -(In hotel cost)
	 	 	 	 	 	 	1	 	 	LSUM	 	 	 	 	 	 	0	 
	 	 	Field Engineering/Layout —
	 	 	 	 	 	 	1	 	 	LSUM	 	 	10,000.00	 	 	 	10,000	 
	 	 	 
	 	 	10,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	SBTL	 	Division 2 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	7.02	 	 	 	526,460	 
	 	 	Division 3 — Concrete:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Concrete Frame (F/P/F) — Central Plant
	 	 	 	 	 	 	5,140	 	 	SF	 	 	7.00	 	 	 	35,980	 
	 	 	Concrete Frame (F/P/F) — Equipment Yard
	 	 	 	 	 	 	6,350	 	 	SF	 	 	7.00	 	 	 	44,450	 
	 	 	 
	 	 	80,430	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Pile Caps at Hotel (PC1, PC2 & PC3) (with above)
	 	 	 	 	 	 	5,628	 	 	CF	 	 	 	 	 	 	0	 
	 	 	Plinths (with above)
	 	 	 	 	 	 	196	 	 	LF	 	 	 	 	 	 	0	 
	 	 	 
	 	 	0	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Reinforcing Steel Materials
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Bars
	 	 	 	 	 	 	75	 	 	TONS	 	 	861.10	 	 	 	64,583	 
	 	 	Mesh
	 	 	 	 	 	 	0	 	 	SQS	 	 	18.00	 	 	 	0	 
	 	 	 
	 	 	64,583	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Reinf Installation
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Bars
	 	 	 	 	 	 	75	 	 	TONS	 	 	325.00	 	 	 	24,375	 
	 	 	Mesh
	 	 	 	 	 	 	0	 	 	SQS	 	 	10.00	 	 	 	0	 
	 	 	 
	 	 	24,375	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	Ready-mix Materials
	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 	 	2500 PSI Mud Slabs
	 	 	 	 	 	 	0	 	 	CY	 	 	91.56	 	 	 	0	 
	 	 	5000 PSI Grade Beams / Caps
	 	 	 	 	 	 	363	 	 	CY	 	 	97.01	 	 	 	35,215	 
	 	 	5000 PSI SOG
	 	 	 	 	 	 	601	 	 	CY	 	 	97.01	 	 	 	58,303	 
	 	 	4000 PSI LtWt Slab on Metal Deck
	 	 	 	 	 	 	0	 	 	CY	 	 	125.35	 	 	 	0	 
	 	 	 
	 	 	93,518	 	 	 	2,649	 	 	CY	 	 	 	 	 	 	0	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Housekeeping Equipment Pads
	 	 	 	 	 	 	2,000	 	 	SF	 	 	5.00	 	 	 	10,000	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Vertical Hoisting
	 	 	 	 	 	 	1	 	 	LS	 	 	28,660.00	 	 	 	28,660	 
	 	 	Engineering / Layout
	 	 	 	 	 	 	1	 	 	LS	 	 	10,000.00	 	 	 	10,000	 
	 	 	Fuel, Filter and Operator with above
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	 
	 	 	38,660	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Concrete Testing
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	Material Testing Services/Inspection (By Owner)
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 3 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	4.10	 	 	 	311,565	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Division 4 — Masonry:
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	Split Face CMU at Central Plant Exterior
	 	 	 	 	 	 	6,000	 	 	SF	 	 	16.00	 	 	 	96,000	 
	 	 	Split Face CMU at Equip Yard Exterior (10′)
	 	 	 	 	 	 	2,500	 	 	SF	 	 	16.00	 	 	 	40,000	 
	 	 	Interior CMU Partitions
	 	 	 	 	 	 	4,300	 	 	SF	 	 	12.00	 	 	 	51,600	 
	 	 	 
	 	 	96,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 	 	CMU Reinforcing Steel
	 	 	 	 	 	 	5	 	 	TONS	 	 	750.00	 	 	 	3,750	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL	 	Division 4 — Subtotal
	 	 	 	 	 	 	 	 	 	 	 	 	2.55	 	 	 	191,350	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







 


32 of 36











 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CENTRAL PLANT


GSF 5,140



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 
	 	Division 5 — Metals:	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Structural Steel — (10#/SF)	 	 	51	 	 	TONS	 	 	2,800.00	 	 	 	143,920	 
	 
	 	Cooling Tower Supports	 	 	1	 	 	LSUM	 	 	7,500.00	 	 	 	7,500	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Metal Deck	 	 	5,140	 	 	SF	 	 	1.50	 	 	 	7,710	 
	 
	 	Misc Steel (1#/SF)	 	 	3	 	 	TONS	 	 	4,500.00	 	 	 	11,565	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 5 — Subtotal	 	 	 	 	 	 	 	 	2.28	 	 	 	170,695	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





 


33 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CENTRAL PLANT


GSF 5,140



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 
	 	Division 6 — Carpentry:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Parapet Wall Sheathing: Installation (W/ Roofing)	 	 	 	 	 	 	5,140	 	 	SF	 	 	2.50	 	 	 	12,850	 
	 
	 	 	 	 	12,850	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 6 — subtotal	 	 	 	 	 	 	 	 	 	 	 	 	0.17	 	 	 	12,850	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 7 — Waterproofing:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	WP, DP, Caulking	 	 	 	 	 	 	8,500	 	 	SF	 	 	1.75	 	 	 	14,875	 
	 
	 	Expansion Joint Assemblies	 	 	 	 	 	 	 	 	 	LF	 	 	150.00	 	 	 	0	 
	 
	 	 	 	 	14,875	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Roofing & Sheet Metal -meets 140 MPH Code	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	SBS  Built-up Roofing	 	 	 	 	 	 	5,140	 	 	SF	 	 	17.00	 	 	 	87,380	 
	 
	 	 	 	$	87,380	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 
	SBTL
	 	Division 7 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	1.36	 	 	 	102,255	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 8 — Doors & Windows:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Hollow Metal Doors / Frames / Hardware	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Central Plant	 	 	 	 	 	 	10	 	 	EA	 	 	1,500.00	 	 	 	15,000	 
	 
	 	 	 	 	15,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Unload/Distribute HM Doors & Frames	 	 	 	 	 	 	10	 	 	EA	 	 	12.00	 	 	 	120	 
	 
	 	Hang HM Doors	 	 	 	 	 	 	10	 	 	EA	 	 	65.00	 	 	 	650	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	OH Colling Door	 	 	 	 	 	 	5	 	 	EA	 	 	3,500.00	 	 	 	17,500	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 8 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	0.44	 	 	 	33,270	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 9 — Finishes:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Acoustical	 	 	 	 	 	 	100	 	 	SF	 	 	3.00	 	 	 	300	 
	 
	 	 	 	 	300	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Painting & Textured Coatings	 	 	 	 	 	 	5,140	 	 	GSF	 	 	3.00	 	 	 	15,420	 
	 
	 	Paint at Split Face Block	 	 	 	 	 	 	8,500	 	 	SF	 	 	3.00	 	 	 	25,500	 
	 
	 	 	 	 	40,920	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 
	SBTL
	 	Division 9 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	0.55	 	 	 	41,220	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 10 — Specialties:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Fire Protection Specialties	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	FE & Cabinets	 	 	 	 	 	 	2	 	 	EA	 	 	100.00	 	 	 	200	 
	 
	 	FE Cabinets: Installation	 	 	 	 	 	 	2	 	 	EA	 	 	85.00	 	 	 	170	 
	 
	 	 	 	 	370	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Tollet & Bath Accessories	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Office Restrooms	 	 	 	 	 	 	1	 	 	EA	 	 	200.00	 	 	 	200	 
	 
	 	 	 	 	200	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 
	SBTL
	 	Division 10 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	0.01	 	 	 	570	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 11 — Equipment:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 11 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





 


34 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE CENTRAL PLANT


GSF 5,140



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 
	 	Division 12 — Furniture:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 12 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 13 — Special Construction:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 13 — subtotal	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 14 — Conveying Systems:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 14 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	—	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 15 — Mechanical:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Plumbing (with HVAC)	 	 	 	 	 	 	5,140	 	 	GSF	 	 	 	 	 	 	0	 
	 
	 	HVAC	 	 	 	 	 	 	1,200	 	 	TONS	 	 	1,100.00	 	 	 	1,320,000	 
	 
	 	Water Softner	 	 	 	 	 	 	1	 	 	LSUM	 	 	40,000.00	 	 	 	40,000	 
	 
	 	Diesel Fuel Tank Pumping System	 	 	 	 	 	 	1	 	 	LSUM	 	 	20,000.00	 	 	 	20,000	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Fire Protection Systems	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Fire Protection: New	 	 	 	 	 	 	5,140	 	 	GSF	 	 	2.00	 	 	 	10,280	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 15 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	18.55	 	 	 	1,390,280	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Division 16 — Electrical:	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Electrical	 	 	 	 	 	 	5,140	 	 	GSF	 	 	10.00	 	 	 	51,400	 
	 
	 	(2) 2000 kw Generators and 10,000 gal Tanks	 	 	 	 	 	 	4	 	 	kw	 	 	400,000.00	 	 	 	1,600,000	 
	 
	 	Switchgear for Hotel	 	 	 	 	 	 	74,950	 	 	GSF	 	 	1.00	 	 	 	74,950	 
	 
	 	Switchgear for Vessel	 	 	 	 	 	 	165,690	 	 	GSF	 	 	0.75	 	 	 	124,268	 
	 
	 	 	 	 	1,850,618	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	Surveillance	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Security/Surveillance at Building
(excludes termination and devices)	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Low Voltage / Communications	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Phone/Data	 	 	 	 	 	 	5,140	 	 	GSF	 	 	2.00	 	 	 	10,280	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Sound System	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Sound System at Building (excludes termination and devices)	 	 	 	 	 	 	 	 	 	GSF	 	 	1.00	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Fire Alarm System	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Fire Alarm: Design/Materials/Testing	 	 	 	 	 	 	5,140	 	 	GSF	 	 	1.50	 	 	 	7,710	 
	 
	 	Fire Alarm Installation: Electrician	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Division 16 — Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	24.93	 	 	 	1,868,608	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	TOTAL COSTS	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	4,649,123	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 





 


35 of 36









 





DETAILED BUDGET REPORT

Manhattan Construction Company

BATON ROUGE PEDESTRIAN BRIDGE



	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	Sys.	 	 	 	 	 	 	 	Conceptual 03-22-2010	 
	Code	 	Description	 	 	 	 	 	Qty	 	 	UoM	 	Unit Cost	 	 	Activity Cost	 
	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	Pedestrian Boarding Bridge 240' x 14'	 	 	 	 	 	 	3,360	 	 	SF	 	 	200.00	 	 	 	672,000	 
	 
	 	Structural Steel (35#/SF)	 	 	 	 	 	 	59	 	 	TONS	 	 	 	 	 	 	0	 
	 
	 	Slab on Metal Deck	 	 	 	 	 	 	3,360	 	 	SF	 	 	 	 	 	 	0	 
	 
	 
	 	Spread Footing at Levee (in Elev Structure below)	 	 	 	 	 	 	280	 	 	SF	 	 	 	 	 	 	0	 
	 
	 	42" Guardrail	 	 	 	 	 	 	480	 	 	LF	 	 	 	 	 	 	0	 
	 
	 	Paint	 	 	 	 	 	 	3,360	 	 	SF	 	 	 	 	 	 	0	 
	 
	 	Light Pole Pedestals	 	 	 	 	 	 	8	 	 	EA	 	 	5,000.00	 	 	 	40,000	 
	 
	 	 	 	 	712,000	 	 	 	 	 	 	 	 	 	 	 	 	 	0	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	SBTL
	 	Subtotal	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	712,000	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 	 







 


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