DOWNTOWN BOAT SLIPS - 06-0033-MA ENGINEERING DEPARTMENT
jj CONSTRUCTION DIVISION
OFFICE COMMUNICATION
TO: Sarah Kessler/Eck Chesney SUBJECT: Tera-'Year 'arra�u Check
CEI/INSEECTOR: i"LO FING I CM :.SYSTEM
E
I RO ECT COMPLETION DATE: Aaa aas 2010
PROJECT NAME: Downtown Boal SIIl s
I�
-0033-MA
CONTRACTOR: Misner Marine
5600 West Commerce Street
Tampa,F1, 3361 16
�INSPEC'I�OR:
DATE• — � ..
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uv.67M FRAME
9 1/4"z 9/0•HALL CONCRETE DOCK.
\ MALL HE PIPE 20"+/-
/ 000 SS CAP PLUG 2"z 2"z 1/0" FREESOARD _ 7GALV
1/0"
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SHORE SIDE
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.
D0 z 1s 4'z 0':24"
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l SCALE 1"=1' SCALE 1"=4'
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RE COPllti1,REF'RODOCID OR MAOP AYAIIAHLE TO ANY L__..(et WITHOOT
5 PRIOR WRITTEN'CONSENT OF SRORSNd.SIEE INC
A Woon 40. 686 eOzvl'wW�wSwm IJ�w4a' .� ... _
Co z Sy �t -a:= rDrOn.raa9,wc QQ U'C�GY -- ---- - - - SHORE SIDE 1fALR11AY NORTH
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,f Fix 9959029 P.0.dQI'J6d
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SCALE 1•=4' ONA3-. fir a ADnm eatiar m ttmeH sW7+/a9 DWG
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"' TT INTRACOASTAL WATERWA C ERLINC CUl P15 MODEL 125GWAVE,ATTENDA
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g'=38'RAS QTY17 45'SLIPS
WHEEL CONN. e epM " �fi'' 4N 144 50 SLIPS_ ...,._
i
W CODER PLATE ' \ ... ! QTY 10 55SLIPS 1
6 q n s5P IAN VIEW
'� TOTALSLIP5=41
70
scala T =70 rt
THIS DRAWDPO CONTAINS,PROPRIETARY IPFORNATION WHICH IS THE PROPER`1Y OF SH0R8lSAEPFR INC,
(((AAA tri l a +„, � g�eS74 ANu sHAv.NOT se cOP>an Rseaanvo>ao OR taws APARADLR To ANY PERSONS)WITHOUT
Q k.' PRIOR WRITTEN CONSM OF SHOREM tee°IRC.
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! 1
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AN.'Muu NOT RR COP= REPRODUM OR MADE AI TO ANY PERSONS)Wi'1'HOOT
D 6 z D'FIID:D LANDING Y PRIOR NRrrm CONSENT OF SHORE UMM INC.
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From: Chesney,Ed
To: Davis.Laura; Kessler.Sarah; Hess. Ricky
Cc: Kurtz.Timathv M.; MacDonald, Michael
Subject: RE: Warranty Inspection-Downtown Boat Slips 06-0033-MA
Date: Tuesday,July 28,2020 1:32:35 PM
Yes, thank you Ricky for such a detailed inspection. I have shared your work with our staff.There are
no warranty claims that can be made as the warranty is for major component failures, not normal
ware and tear or corrosion issues. Ricky your report is very helpful for our team who also inspects
the docks regularly.
Ed Chesney, P.E.
Marine &Aviation Director
City of Clearwater
25 Causeway Blvd.
Clearwater, 133767
727-562-4959
From: Davis, Laura <Laura.Davis@MyClearwater.com>
Sent:Tuesday,July 28, 2020 10:47 AM
To: Kessler, Sarah <Sarah.Kessler@myclearwater.com>; Chesney, Ed
<Ed.Chesney@myClearwater.com>; Hess, Ricky<Ricky.Hess@myClearwater.com>
Cc: Kurtz,Timothy M. <Timothy.Kurtz@myClearwater.com>
Subject: RE: Warranty Inspection - Downtown Boat Slips 06-0033-MA
Greed jd;:b, IIRitC'ky! ..I.IhcllInIk YOU.
:(:J/S o:;�r o:;�Ih .. II.f o;�r r o:;�In ll y a c.'Hl(Din wfll be Il a ll e in wil ll lh Il the C(Din ll r o:;�c;IhDr, Icy ll eo s e C'O: r)y Ime .f Q;r
prOjec.,11 iilIIea
I.Ih(:;1InIk YOU,
II auira D vlii::
G�)�nfirrmm:ts& Procuireimeint SIpmucih lllikt
liity of'Clrc aN ai],er Engineering I Coinsliru;rtiioin
/ Y, ( v l a--b d /l_'h rI-Y"
100 S II`ylyrde!„Ave#220 I;le arrr ar r, II:I 33756
III av '727 562.4 755
mmuwirm ICI m�li»� :�r: lls mires mtsair a rruim:i I`liltU//WWW iruryrle arrn ar er.coirn
r EMCAAI"I°AN RAY'11)BEA,1:
From: Hess, Ricky<Ricky.Hess @my Clearwater.com>
Sent: Monday,July 27, 2020 12:18 PM
To: Davis, Laura <LLaura.Davisj2MyClearwater.com>
Cc: Kessler, Sarah <Sara h.l<esslerL-m-yclea-rwater.com>; Chesney, Ed
<Ed.Chesne\/ m Clearwater.com>; Kurtz,Timothy M. <Timothy.KurtzgmyClearw ter.com>
Subject: Re: Warranty Inspection - Downtown Boat Slips 06-0033-MA
Hi Laura,
I attached my inspection results which include plans mark up and comments sheet.
Ricky J. 1-less
City of Clearwater
Environmental InSpector
727--562--4759
ricky.hessemyclearwatei
.......................................................................................................................................................................................................................................................................................................................
From: Davis, Laura <Laura.Dayisj(2MyClearwater.com>
Sent: Monday,July 6, 2020 8:47 AM
To: Hess, Ricky<ELicli;gmyClearwater.com>
Cc: Kessler, Sarah <Sara h.IKessIerLmycIearwater.com>; Chesney, Ed
<Ed.Chesne\/ m Clearwater.com>; Kurtz,Timothy M. <Timothy.KurtzgmyClearw ter.com>
Subject: Warranty Inspection - Downtown Boat Slips 06-0033-MA
GOOd irr)(Drinim:J Ileic;ky,
'lec,ise (-.'(Dindu(-.'ll ci 10 Yecir WcirrciNyinspec.,H(Din (Din Illhe OCfliin(:J )OC.'k Syslleirr), under
he IDOWn11OWn Il30Cd &ips prOjec.'L Due Il0 () IhciIndwritll11eIn dcfle (Din IllireIlcis11
WcirrciNy :Xpircfli(Din i L)e 8/18/20.
d Chesiney's skI ,iff c.,ciin YOU (Din IIhe inspec.,H(Din, SO Ipller,ise (-.'(D(Dr(-Jiincfle;
c,iin(] in(De IIh0se in cflIein(-Jciin(.'e (Din heinspec.,H(Din II''''(Drim. See cflk,i(-.'hed fOr i iinf 0�
i h ci in k YOU,
�11 au' ira Davlis
('wifiracts& SIpechflkt
Gity of Clearwai],er l Engineering ICoinsliru' ;,,tioin
/ Y" (e v d Yhrb t I......h;I-Y,
100 S Myride Ave#220, Clearwar, ::1 33756
III av 727 562 4 755
uwir ICS Ali»� ��r lls i s:,ir a rrui� V`liRU//WWW irlllyde arrr aer.coirun
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ENGINEERING DEPARTMENT
jj CONSTRUCTION DIVISION
OFFICE COMMUNICATION
TO: Sarah Kessler/Eck Chesney SUBJECT: Tera-'Year 'arra�u Check
CEI/INSEECTOR: i"LO FING I CM :.SYSTEM
E
I RO ECT COMPLETION DATE: Aaa aas 2010
PROJECT NAME: Downtown Boal SIIl s
I�
-0033-MA
CONTRACTOR: Misner Marine
5600 West Commerce Street
Tampa,F1, 3361 16
�INSPEC'I�OR:
DATE• — � ..
` .w � w
.. &`� ,
� 4—LLT�
TAT a u"T ThrJA
a 7a/
pv
_910-7 '14
SIG AT :RE:
c.[rl trY CA 9,M+aF't�^J (mI,j e)mIu b.'"1"PCAV%f f`6.0
�Try A hlin,a wR,a,r.Mi
24"z 50'S4-PILE
(TVP.DF 3)7\\— I�12
w rlrmrri.b I i ?tJ v.. II
MARGINAL,WALKWAY .. -^" �' -� _ ..„., .. I .rya"1+ K-
POST
� TENSIONED CORNER49'-Ll 1 ... MODffi,400 CONCRETE DOCK ]. 12�1!A AQ17&ACOES .+/
CrCh
D
r�. az TRD2a LANnsIa
L94rQ"" cap fm f/'�I k CC ("
rrj a'1 e A aUxt-7 TYP. e SEE SEM'ET CIO"&C20
_ .'. 60'
i ✓ V
�u
_ a �a r��r z4^z eo'
Tol'-i^
r
(TYP.of �cor.lc,,
PIL� VIEWPu,E S / ��r Ra.PRE
C ILL ..NU... .,......,".... . (./i�.. ���^,
w
t
l rCfa,lawa ,�7 .,
` -•. " P"M z 0/4"WALL
GAM.STEEL PIPE GRAY HRARBoAER
POST`,� NSIONED CORNER 1/2•THICK
S/4^QALY.STEEL PLATE POLY[JRSTHANK BLOCK
VAGINAL WALKWAY-\ 2"%2"%1/0'TUBE RE HACKER WASHEH- f /:500 DIA'CABLE TF7-11-
uv.67M FRAME
9 1/4"z 9/0•HALL CONCRETE DOCK.
\ MALL HE PIPE 20"+/-
/ 000 SS CAP PLUG 2"z 2"z 1/0" FREESOARD _ 7GALV
1/0"
GAM STEEL FRAME DAM STEEL FRAME
SHORE SIDE
WALKWAY zLSCAP GASB, LDCBERCARIESTEEL CHANNEL
.
D0 z 1s 4'z 0':24"
1 GALo STEEL caeNNar. __ FLOAT QTY 1
DETAIL B SECTION-A7-A "
l SCALE 1"=1' SCALE 1"=4'
p�CF
Oi Ngf gP 54•t TRIS DRAWING CONTAINS,PROL'R�1'ARY DII+ORMATtox WHICH IS THE PHU .. ... nnuiuseuur�Hs iP1c.
sBg DBTdII,�Iv:, ,J 74 i AND=WING
RE COPllti1,REF'RODOCID OR MAOP AYAIIAHLE TO ANY L__..(et WITHOOT
5 PRIOR WRITTEN'CONSENT OF SRORSNd.SIEE INC
A Woon 40. 686 eOzvl'wW�wSwm IJ�w4a' .� ... _
Co z Sy �t -a:= rDrOn.raa9,wc QQ U'C�GY -- ---- - - - SHORE SIDE 1fALR11AY NORTH
GAM.STEEL CHANNEL 57A7E 0f y, .wi 90 ena.s=Tm DRAWx BY, HATH:
I. g :�M1 CA 9Hgtl2 3y,n$/pddy(ylgq ggQ(ryddRP.YdJ PPP 09/19/09
'9O'•, 'PLORIO ���^� Te19.4n,— feRb'I.R]d'RNATIOA:IG LR Sf�l'NO BY
,f Fix 9959029 P.0.dQI'J6d
PLAN VIEW Fss�........�a �va .=m dam.,., dB6dS-0166 13 of 44
SCALE 1•=4' ONA3-. fir a ADnm eatiar m ttmeH sW7+/a9 DWG
did �a vsa-loos RWv navcaslmx APPRD HATE #°G-13 CLEAR R
xh:Ck," t7 kMil 11e,l r� a�r,�.t r a.... (� �L
a 17 h C ✓ � r -
n Vr a r,
3. (ep—
quo fl ;.VaRr�a <�%�,, rain 1' 1' ir, 0
� F
hi
m4td\\� ll,. '` „ 'NINT�q COP5fAL WATERWAY PER CFNNNEi LIGHTS
,...-. ._ G.LW.W. CFfVTERLI C PE
a a�na
US ACOE s
"' TT INTRACOASTAL WATERWA C ERLINC CUl P15 MODEL 125GWAVE,ATTENDA
� 1
�p r WA 4W ATTENUATOR � -IIOf Or:use / 3� 0 �m�
OD 1050 WAVE ATTENUATOR
lx� I'6n I ,`,..k
c
5 100'-2"
50,
y \
8 y{I1IL1Cr, 57 f
NAT, H 5l x2 w
sa IL
1/0
e tiwar h '� GGi1V-U lA i Vnf r dQ�P�: l
^:I -FrraRR PIER G r
TYP 12— V )
= �'
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U,i Rd
1l l i3 Vit � :' ",.�--.�,`�"�. ✓'" .x111 �\
GER min ��
-e(
317
-3 'o
M. RL aao co 4a': i
—� - -
E
„ 34'-x ( 4r FLOATIN DOCK
i
w
� FItiG rlaR �� i.
N TYP.o z ,,,, ✓
YSLIPSCHEOULE
��. LENGTH QTY WIDTH
_ _ \�1
NORTH BASIN LEN
ry GANGWAY RO G ad'f � �-'�� DOCKA 50'SLIPS 14 �@_a'-6
ri7 2
LLSRS _ ---''� 12 @ 18
k
AND MINI RAMP WHIM CONN. DOCKA 55'SLIPS 10 10@18'
8'=aH'GANGWAY "wtyR,p F�H/COPER PLATE DOCK 8 45'SLIPS 72 32 @ 17
QN
80'FOR FDOT R ***^^�'" � ``�-ea ,,, .�t+ DOCKS 45SUPS 5 3 @ 1T
s'_e.=s'Wn®IarmrNG i /� j� TOTAL SLIP'S
r
g'=38'RAS QTY17 45'SLIPS
WHEEL CONN. e epM " �fi'' 4N 144 50 SLIPS_ ...,._
i
W CODER PLATE ' \ ... ! QTY 10 55SLIPS 1
6 q n s5P IAN VIEW
'� TOTALSLIP5=41
70
scala T =70 rt
THIS DRAWDPO CONTAINS,PROPRIETARY IPFORNATION WHICH IS THE PROPER`1Y OF SH0R8lSAEPFR INC,
(((AAA tri l a +„, � g�eS74 ANu sHAv.NOT se cOP>an Rseaanvo>ao OR taws APARADLR To ANY PERSONS)WITHOUT
Q k.' PRIOR WRITTEN CONSM OF SHOREM tee°IRC.
a®nID']9n'mIS l0.'8'fA '
! 1
$SA'f£Cp '' rero TICK, e., NORTH BASIN LAYOUT W PILES
r/.f�i a.. ,,fiiTa 9•.,/'LOR10 2 . �y ° Wxar: RATE:
r / C� / O•Fr rs i'"RB,.IFisaga eaeararre.¢ayszvrmcavc
1 ncn soeoz _ see oa/te/ae
830NkI-�a'r. spm e�sxsos si%R n�ssa 1st>Ear N044 sr
a am Rom A�,mr _ WIC/oe'DWG.— ....
EF_—roW.. iv-% a.aR C_ a CLEARWATLR
f i..._ .4/ Vii rr,l L,4^<... r
rt) il,l I k ifMIN I(42._ L ruf,r f;,?,2u Srav� Mf?Yy fp(, - I
.e:,%.,n-r 1 ar' I Alll",ars%,v / F„a fRi^ % 4 L✓fiav.1 s 11r4w FRf 4t>nlo;„...rs?eI
(I4r-) !�a+tlLu�
f
�.N,i 9vfr�-/a a� r1
T �Irrraay 4n ;'��� vhf WaHiG' ff Lfa sF
I Lr r
krnd
Alf C `CLf
' ✓lJ. 0 a l c. ,t fi //i7 an.
t ansPr; �I
f,1 _ �51
�rn., k�r _..
✓forkr( r "• -" fr ilPt, l G a f nr
A
�D.CK
—W
M�f( F/ /” IWC, f�.�) Ak
---------
78'—d )sash s �-,/a F 7 10 „�
1, ` ATOS 7 ..-.., C ONCORETB FiAA dtr sN. a.�s A i� r . „. DOCKA 55'SgPS 10
/ r Oti Ik 9@171.
Ilf r
at
MbDRL 0 �- 0 ,� �'f1 r'!!fl ✓1L' :+ DOCK 49 SLIPS 17 14@17x
N.rcr@ 27r
lie e z 19-1'
A,17P,4f(,..
cor 2ca' -
0 .5 (fzL oariri
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From: Chesney,Ed
To: Davis.Laura; Kessler.Sarah; Hess. Ricky
Cc: Kurtz.Timathv M.; MacDonald, Michael
Subject: RE: Warranty Inspection-Downtown Boat Slips 06-0033-MA
Date: Tuesday,July 28,2020 1:32:35 PM
Yes, thank you Ricky for such a detailed inspection. I have shared your work with our staff.There are
no warranty claims that can be made as the warranty is for major component failures, not normal
ware and tear or corrosion issues. Ricky your report is very helpful for our team who also inspects
the docks regularly.
Ed Chesney, P.E.
Marine &Aviation Director
City of Clearwater
25 Causeway Blvd.
Clearwater, 133767
727-562-4959
From: Davis, Laura <Laura.Davis@MyClearwater.com>
Sent:Tuesday,July 28, 2020 10:47 AM
To: Kessler, Sarah <Sarah.Kessler@myclearwater.com>; Chesney, Ed
<Ed.Chesney@myClearwater.com>; Hess, Ricky<Ricky.Hess@myClearwater.com>
Cc: Kurtz,Timothy M. <Timothy.Kurtz@myClearwater.com>
Subject: RE: Warranty Inspection - Downtown Boat Slips 06-0033-MA
Greed jd;:b, IIRitC'ky! ..I.IhcllInIk YOU.
:(:J/S o:;�r o:;�Ih .. II.f o;�r r o:;�In ll y a c.'Hl(Din wfll be Il a ll e in wil ll lh Il the C(Din ll r o:;�c;IhDr, Icy ll eo s e C'O: r)y Ime .f Q;r
prOjec.,11 iilIIea
I.Ih(:;1InIk YOU,
II auira D vlii::
G�)�nfirrmm:ts& Procuireimeint SIpmucih lllikt
liity of'Clrc aN ai],er Engineering I Coinsliru;rtiioin
/ Y, ( v l a--b d /l_'h rI-Y"
100 S II`ylyrde!„Ave#220 I;le arrr ar r, II:I 33756
III av '727 562.4 755
mmuwirm ICI m�li»� :�r: lls mires mtsair a rruim:i I`liltU//WWW iruryrle arrn ar er.coirn
r EMCAAI"I°AN RAY'11)BEA,1:
From: Hess, Ricky<Ricky.Hess @my Clearwater.com>
Sent: Monday,July 27, 2020 12:18 PM
To: Davis, Laura <LLaura.Davisj2MyClearwater.com>
Cc: Kessler, Sarah <Sara h.l<esslerL-m-yclea-rwater.com>; Chesney, Ed
<Ed.Chesne\/ m Clearwater.com>; Kurtz,Timothy M. <Timothy.KurtzgmyClearw ter.com>
Subject: Re: Warranty Inspection - Downtown Boat Slips 06-0033-MA
Hi Laura,
I attached my inspection results which include plans mark up and comments sheet.
Ricky J. 1-less
City of Clearwater
Environmental InSpector
727--562--4759
ricky.hessemyclearwatei
.......................................................................................................................................................................................................................................................................................................................
From: Davis, Laura <Laura.Dayisj(2MyClearwater.com>
Sent: Monday,July 6, 2020 8:47 AM
To: Hess, Ricky<ELicli;gmyClearwater.com>
Cc: Kessler, Sarah <Sara h.IKessIerLmycIearwater.com>; Chesney, Ed
<Ed.Chesne\/ m Clearwater.com>; Kurtz,Timothy M. <Timothy.KurtzgmyClearw ter.com>
Subject: Warranty Inspection - Downtown Boat Slips 06-0033-MA
GOOd irr)(Drinim:J Ileic;ky,
'lec,ise (-.'(Dindu(-.'ll ci 10 Yecir WcirrciNyinspec.,H(Din (Din Illhe OCfliin(:J )OC.'k Syslleirr), under
he IDOWn11OWn Il30Cd &ips prOjec.'L Due Il0 () IhciIndwritll11eIn dcfle (Din IllireIlcis11
WcirrciNy :Xpircfli(Din i L)e 8/18/20.
d Chesiney's skI ,iff c.,ciin YOU (Din IIhe inspec.,H(Din, SO Ipller,ise (-.'(D(Dr(-Jiincfle;
c,iin(] in(De IIh0se in cflIein(-Jciin(.'e (Din heinspec.,H(Din II''''(Drim. See cflk,i(-.'hed fOr i iinf 0�
i h ci in k YOU,
�11 au' ira Davlis
('wifiracts& SIpechflkt
Gity of Clearwai],er l Engineering ICoinsliru' ;,,tioin
/ Y" (e v d Yhrb t I......h;I-Y,
100 S Myride Ave#220, Clearwar, ::1 33756
III av 727 562 4 755
uwir ICS Ali»� ��r lls i s:,ir a rrui� V`liRU//WWW irlllyde arrr aer.coirun
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~.:AIA Document A141'" - 2004
Standard Form of Agreement Between Owner and Design-Builder
~D
AGREEMENT made as of the X) day of fT'01 in the year of ~Ot> <6
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
City of Clearwater, Florida
100 S. Myrtle Avenue
Clearwater FL 33756
and the Design-Builder:
(Name, address and other information)
Misener Marine Construction, Inc.
5600 West Commerce Street
Tampa, FL 33616
For the following Project:
(Name, location and detailed description)
City of Clearwater Downtown Boat Slips
Design, permitting and construction of a floating concrete boat slip facility consisting of
approximately 132 slips of varying sizes. Included are docking facilities for transient,
day and event activities; wave attenuators and all pertinent utilities.
The Owner and Design-Builder agree as follows.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Consultation with an attorney is also
encouraged with respect to
professional licensing requirements
in the jurisdiction where the Project
is located.
Init.
1
AlA Document A141™ -2004. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document Is
protected by U.S. Copyright Law and InternatIonal Treaties. Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
,~
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TABLE OF ARTICLES
1 THE DESIGN.BUILD DOCUMENTS
2 WORK OF THIS AGREEMENT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 MISCELLANEOUS PROVISIONS
8 ENUMERATION OF THE DESIGN.BUILD DOCUMENTS
TABLE OF EXHIBITS
A TERMS AND CONDITIONS
B DETERMINATION OF THE COST OF THE WORK
C INSURANCE AND BONDS
ARTICLE 1 THE DESIGN.BUILD DOCUMENTS
~ 1.1 The Design-Build Documents form the Design-Build Contract. The Design-Build Documents consist ofthis
Agreement between Owner and Design-Builder (hereinafter, the "Agreement") and its attached Exhibits;
Supplementary and other Conditions; Addenda issued prior to execution of the Agreement; the Project Criteria,
including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner, if any; the
Design-Builder's Proposal and written modifications to the Proposal accepted by the Owner, if any; other
documents listed in this Agreement; and Modifications issued after execution of this Agreement. The Design-Build
Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and
Owner, (2) between the Owner and a Contractor or Subcontractor, or (3) between any persons or entities other than
the Owner and Design-Builder, including but not limited to any consultant retained by the Owner to prepare or
review the Project Criteria. An enumeration of the Design-Build Documents, other than Modifications, appears in
Article 8.
~ 1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral.
~ 1.3 The Design-Build Contract may be amended or modified only by a Modification. A Modification is (1) a
written amendment to the Design-Build Contract signed by both parties, (2) a Change Order, (3) a Construction
Change Directive or (4) a written order for a minor change in the Work issued by the Owner.
ARTICLE 2 THE WORK OF THE DESIGN.BUILD CONTRACT
~ 2.1 The Design-Builder shall fully execute the Work described in the Design-Build Documents, except to the
extent specifically indicated in the Design-Build Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
~ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a notice issued by the Owner.
(Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date
will be fixed in a notice to proceed.)
Init.
AlA Document A141 TM _ 2004. Copyright @ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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A commencement date for the design and permitting phase will be fixed in an initial Notice to proceed. When all
permits are approved and in hand, a commencement date for construction will be fixed in. a second Notice to
Proceed for the construction phase.
If, prior to the commencement of Work, the Owner requires time to file mortgages, documents related to mechanic's
liens and other security interests, the Owner's time requirement shall be as follows:
(Insert Owner's time requirements.)
None
~ 3.2 The Contract Time shall be measured from the date of commencement, subject to adjustments of this Contract
Time as provided in the Design-Build Documents.
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.) The Design-Builder shall achieve SUBSTANTIAL COMPLETION within 180
calendar days of the Second Notice to Proceed as provided for in Section 3.1 for the Construction Phase of the
project.
Should the Design-Builder fail to achieve Substantial Completion within 180 calendar days from the Second Notice
to Proceed, Owner will retain an amount of $ 500 per calendar day for each day that Substantial Completion is not
achieved.
Substantial Completion is the stage of progress of the Work as defined in Section A.9.8, Exhibit" A", Terms and
Conditions.
A Final Completion date as defined in A.9.l0 shall be 60 days following Substantial Completion.
f
Portion of Work
Substantial Completion Date
(Table deleted)
(Paragraphs deleted)
ARTICLE 4 CONTRACT SUM
~ 4.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's
performance of the Design-Build Contract. The Contract Sum shall be one of the following:
(Check the appropriate box.)
[ X] Stipulated Sum in accordance with Section 4.2 below;
[ ] Cost of the Work Plus Design-Builder's Fee in accordance with Section 4.3 below;
[ ] Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with
Section 4.4 below.
(Based on the selection above, complete either Section 4.2,4.3 or 4.4 below.)
~ 4.2 STIPULATED SUM
~ 4.2.1 The Stipulated Sum shall be
and five cents ($10,522,765.05
Documents.
ten million, five hundred twenty-two thousand, seven hundred sixty five dollars
), subject to additions and deductions as provided in the Design-Build
~ 4.2.2 The Stipulated Sum is based upon the following alternates, if any, which are described in the Design-Build
Documents and are hereby accepted by the Owner:
Init.
AlA Document A 141'" _ 2004. Copyright @ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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None
~ 4.2.3 Unit prices, if any, are as follows:
Description
None
Units
Price ($ 0.00)
~ 4.2.4 Allowances, if any, are as follows:
(Identify and state the amounts of any allowances, and state whether they include labor, materials, or both)
Allowance
None
Amount ($ 0.00)
Included Items
~ 4.2.5 Assumptions or qualifications, if any, on which the Stipulated Sum is based, are as follows:
None
*
~
f
(Paragraphs deleted)
(Table deleted)
(Paragraphs deleted)
(Table deleted)
(Paragraphs deleted)
~ 4.5 CHANGES IN THE WORK
~ 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the
methods listed in Article A.7 of Exhibit A, Terms and Conditions.
~ 4.5.2 Where the Contract Sum is the Cost of the Work, with or without a Guaranteed Maximum Price, and no
specific provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design-Builder's Fee in the case of
Changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment
will cause substantial inequity to the Owner or Design-Builder, the Design-Builder's Fee shall be equitably adjusted
on the basis ofthe Fee established for the original Work, and the Contract Sum shall be adjusted accordingly.
ARTICLE 5 PAYMENTS
~ 5.1 PROGRESS PAYMENTS
~ 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder, the Owner shall make
progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the
Design-Build Documents.
Init.
AlA Document A141 TM _ 2004. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA- Document, or any portion 01 it,
may result In severa civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (5260 t 6728)
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~ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
N/A
~ 5.1.3Provided that an Application for Payment is received not later than the 25th day of the month, theOwner shall make
payment to the Design-Builder not later. than thirty ( 30 ) days after the Owner receives the Application for
Payment.
(Paragraphs deleted)
~ 5.1.4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost
of the Work with a Guaranteed Maximum Price, the Design-Builder shall submit payrolls, petty cash accounts,
receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to
demonstrate that cash disbursements already made by the Design-Builder on account of the Cost of the Work equal
or exceed (1) progress payments already received by the Design-Builder, less (2) that portion of those payments
attributable to the Design-Builder's Fee; plus (3) payrolls for the period covered by the present Application for
Payment.
~ 5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the
Work with a Guaranteed Maximum Price, the Design-Builder shall submit the most recent schedule of values in
accordance with the Design-Build Documents. The schedule of values shall allocate the entire Contract Sum among
the various portions of the Work. Compensation for design services shall be shown separately. Where the Contract
Sum is based on the Cost of the Work with a Guaranteed Maximum Price, the Design-Builder' s Fee shall be shown
separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its
accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a
basis for reviewing the Design-Builder's Applications for Payment.
~ 5.1.6 In taking action on the Design-Builder's Applications for Payment, the Owner shall be entitled to rely on the
accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have
made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with
Sections 5.1.4 or 5.1.5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to
have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously
paid on account of the Agreement. Such examinations, audits and verifications, if required by the Owner, will be
performed by the Owner's accountants acting in the sole interest of the Owner.
~ 5.1.7 Except with the Owner's prior approval, the Design-Builder shall not make advance payments to suppliers
for materials or equipment which have not been delivered and stored at the site.
~ 5.2 PROGRESS PAYMENTS . STIPULATED SUM
~ 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the
percentage of completion of each portion of the Work as of the end of the period covered by the Application for
Payment.
~ 5.2.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of five percent (
5% ) on the Work, other than services provided by design professionals and other consultants
retained directly by the Design-Builder. Pending final determination of cost to the Owner of Changes
in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,
Terms and Conditions;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment deli vered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of five percent ( 5%);
.3 Subtract the aggregate of previous payments made by the Owner; and
Inlt.
AlA Document A141TM -2004. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AIAfJ) Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized raproductlon or distribution of this AlA- Document, or any portion 01 It,
may result In savere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
7
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Subtract amounts, if any, for which the Owner has withheld payment from or nullified an Application
for Payment as provided in Section A.9.5 of Exhibit A, Terms and Conditions.
~ 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under
the following circumstances:
.1 add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the
full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete
Work, retainage applicable to such work and unsettled claims; and
(Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon
Substantial Completion of Work with consent of surety, ifany.)
.2 add, if final completion of the Work is thereafter materially delayed through no fault of the Design-
Builder, any additional amounts payable in accordance with Section A.9.1O.3 of Exhibit A, Terms
and Conditions.
~ 5.2.4 Reduction or limitation of retainage, if any, under Section 5.2.2 shall be as follows: When work completed
achieves 50% complete of the construction phase, retained earnings will be reduced to 0% of work complete with
all retained funds held to be paid upon acceptance of the project by Owner at final completion.
(If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from
the percentages inserted in Sections 5.2.2.1 and 5.2.2.2 above, and this is not explained elsewhere in the Design-
Build Documents, insert here provisions for such reduction or limitation.)
None
~ 5.3 PROGRESS PAYMENTS. COST OF THE WORK PLUS A FEE
~5.3.1 Where the Contract Sum is based upon the Cost of the Work plus a fee without a Guaranteed Maximum
Price, Applications for Payment shall show the Cost of the Work actually incurred by the Design-Builder through
the end of the period covered by the Application for Payment and for which Design-Builder has made or intends to
make actual payment prior to the next Application for Payment.
~ 5.3.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be
computed as follows:
.1 Take the Cost of the Work as described in Exhibit B;
.2 Add the Design-Builder's Fee, less retainage of N/A ( %). The Design-Builder's Fee shall be
computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in
Section 4.3.2; or if the Design-Builder's Fee is stated as a fixed sum in that section, an amount which
bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section bears to a
reasonable estimate of the probable Cost of the Work upon its completion;
.3 Subtract the aggregate of previous payments made by the Owner;
.4 Subtract the shortfall, if any, indicated by the Design-Builder in the documentation required by
Section 5.1.4 or resulting from errors subsequently discovered by the Owner's accountants in such
documentation; and
.5 Subtract amounts, if any, for which the Owner has withheld or withdrawn a Certificate for Payment
as provided in the Section A.9.5 of Exhibit A, Terms and Conditions.
~ 5.3.3 Retainage in addition to the retainage stated at Section 5.3.2.2, if any, shall be as follows:
N/A
~ 5.3.4 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retain age of not less
than N/A ( %). The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and
approval of payments and retention for Contractors.
~ 5.4 PROGRESS PAYMENTS. COST OF THE WORK PLUS A FEE WITH A GUARANTED MAXIMUM PRICE
~ 5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a
Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the
Init.
AlA Document A141TM -2004. Copyright @2004byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No. 1000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by
dividing (a) the expense that has actually been incurred by the Design-Builder on account of that portion of the
.Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for
Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of
values.
~ 5.4.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section A.7.3.8 of Exhibit A, Terms and Conditions;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Design-Builder's Fee, less retainage of N/A ( %). The Design-Builder's Fee shall be
computed upon the Cost of the Work described in the two preceding sections at the rate stated in
Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section, shall be an
amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding
sections bears to a reasonable estimate of the probable Cost of the Work upon its completion;
.4 Subtract the aggregate of previous payments made by the Owner;
.5 Subtract the shortfall, if any, indicated by the Design-Builder in the documentation required by
Section 5.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's accountants in such documentation; and
.6 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as
provided in Section A.9.5 of Exhibit A, Terms and Conditions.
~ 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less
than N/A ( %). The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and
approval of payments and retention for Contractors.
~ 5.5 FINAL PAYMENT
~ 5.5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract,
including the requirements in Section A.9.10 of Exhibit A, Terms and Conditions, except for the Design-Builder's
responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements, if
any, which extend beyond final payment.
ARTICLE 6 DISPUTE RESOLUTION
~ 6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A,
Terms and Conditions:
(Insert the name. address and other information of the individual to serve as a Neutral. If the parties do not select a
Neutral, then the provisions of Section A.4.2.2 of Exhibit A. Terms and Conditions, shall apply.)
None
~ 6.2 If the parties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A, Terms and
Conditions, the method of binding dispute resolution shall be the following:
(If the parties do not select a method of binding dispute resolution, then the method of binding dispute resolution
shall be by litigation in a court of competent jurisdiction.)
(Check one.)
Arbitration pursuant to Section A.4.4 of Exhibit A, Terms and Conditions
Xl Litigation in a court of competent jurisdiction
Init.
AlA DocumentA141"' -2004. Copyright @2004byTheAmerican Institute of Architects. All rights reserved. WARNING: This AIAf/J) Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It,
may result In severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No.1 000352845_1 which expires on 4/1712009, and is not for resale.
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[ ] Other (Specify)
S 6.3 ARBITRATION
S 6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution, then any claim, dispute or
other matter in question arising out of or related to this Agreement shall be subject to arbitration as provided in
Section AAA of Exhibit A, Terms and Conditions.
ARTICLE 7 MISCELLANEOUS PROVISIONS
S 7.1 The Architect, other design professionals and consultants engaged by the Design-Builder shall be persons or
entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as
follows:
(Insert name, address, license number, relationship to Design-Builder and other information.)
Name and Address
License Number Relationship to
Design-Builder
Design Engineer
Other Information
Halcrow, 4010 Boy
Scout Boulevard, Suite
580, Tampa, FL 33607
Harbormasters -
Marinetek International,
976 Sanford Road,
Wells, Maine, 04090
Dock
manufacturer
Dial Cordy &
Associates, 490 Osceola
Avenue, Jacksonville
Beach, FL 32250
Environmental
permitting
S 7.2 Consultants, if any, engaged directly by the Owner, their professions and responsibilities are listed below:
(Insert name, address, license number, ifapplicable, and re~ponsibilities to Owner and other information.)
Name and Address
License Number Responsibilities
to Owner
Technical and
permitting
assistance
Other Information
Wade Trim,
Renaissance 5, Suite
220, 8475Henderson
Road, Tampa, FL 33634
S 7.3 Separate contractors, if any, engaged directly by the Owner, their trades and responsibilities are listed below:
(Insert name, address, license number, if applicable, responsibilities to Owner and other information.)
Name and Address
License Number Responsibilities
to Owner
Other Information
None
S 7.4 The Owner's Designated Representatives are:
(Insert name, address and other information.)
Design & Permitting Phase: Ed Chesney, P.E.
City of Clearwater Environmental Management
100 S. Myrtle Avenue
Clearwater, FL 33756
727-562-4742
Inlt.
AlA Document A141TM -2004. Copyright @2004byTheAmerican Institute of Architects. All rights reserved. WARNING: This AIA@ Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA- Document, or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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Construction Phase: Perry Lopez
City of Clearwater Construction Division
410 N. Myrtle Avenue
Clearwater, Fl. 33756
727-462-6988
~ 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf
with respect to the Project.
~ 7.5 The Design-Builder's Designated Representative is:
(Insert name. address and other information.)
John Whalen
Misener Marine Construction
5600 West Commerce Street
Tampa, FL 33616
813-839-8441
~ 7.5.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design-
Builder's behalf with respect to the Project.
~ 7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days
written notice to the other party.
~ 7.7 Other provisions:
None
~ 7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document, the reference
refers to that provision as amended or supplemented by other provisions of the Design-Build Documents.
~ 7.7.2 Payments due and unpaid under the Design-Build Contract shall bear interest from the date payment is due at
the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the
Project is located.
(Insert rate of interest agreed upon, if any.)
) per annum
(Usury laws and requirements under the Federal Truth in Lending Act. similar state and local consumer credit laws
and other regulations at the Owner's and Design-Builder's principal places of business, the location of the Project
and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or
modifications. and also regarding requirements such as written disclosures or waivers.)
ARTICLE 8 ENUMERATION OF THE DESIGN.BUILD DOCUMENTS
~ 8.1 The Design-Build Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
~ 8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-
Builder, AlA Document A141-2004.
~ 8.1.2 The Supplementary and other Conditions of the Agreement, if any, are as follows:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
Exhibit A
(Table deleted)
Init.
AlA Document A141T11 -2004. Copyright @2004byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/1712009, and is not for resale.
User Notes: (526016728)
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~ 8.1.3 The Project Criteria, including changes to the Project Criteria proposed by the Design-Builder, ifany, and
accepted by the Owner, consist of the following:
(Either list applicable documents and their dates below or refer to an exhibit. attached to this Agreement.)
The Downtown Boat Slips Technical Proposal dated February 8, 2008 and supplement proposals dated March 11,
2008 & April 1, 2008 which includes changes such as; Seaflex system changed to pile anchored docks adjusted for
changing some 18" pile to 14" pile; M docks width reduction from Super Yacht to premier style float; Owner direct
purchases sales tax savings; Additional breakwater pieces added at the end of A Dock and B Dock in the south
basin..:
(Table deleted)
~ 8.1.4 The Design-Builder's Proposal, dated February 8, 2008 , consists of the following:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
Title of the Design-Builder's Proposal: Downtown Boat Slips Design Build Services Technical and Financial
Proposals
~ 8.1.5 Amendments to the Design-Builder's Proposal, if any, are as follows:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
Supplemental Proposals dated March 11,2008 and April 1, 2008
~ 8.1.6 The Addenda, if any, are as follows:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
Title of the Addenda exhibit: Addendum #1 issued 1/22/08.
(Table deleted)
~ 8.1.7 Exhibit A, Terms and Conditions.
(If the parties agree to substitute terms and conditions other than those contained in AlA Document Al41-2004,
Exhibit A, Terms and Conditions, then identify such terms and conditions and attach to this Agreement as Exhibit
A.)
~ 8.1.8 Exhibit B, Determination of the Cost of the Work, if applicable.
(If the parties agree to substitute a method to determine the cost of the Work other than that contained in AlA
Document Al41-2004, Exhibit B, Determination of the Cost of the Work, then identify such other method to
determine the cost of the Work and attach to this Agreement as Exhibit B. If the Contract Sum is a Stipulated Sum,
then Exhibit B is not applicable.)
~ 8.1.9 Exhibit C, Insurance and Bonds, if applicable.
(Complete AlA Document AI41-2004, Exhibit C, Insurance and Bonds or indicate "not applicable. ")
~ 8.1.10 Other documents, if any, forming part of the Design-Build Documents are as follows:
(Either list applicable documents below or refer to an exhibit attached to this Agreement.)
Title of the Other Documents exhibit:
This Agreement entered into as of the day and year first written above.
~~.~~
~SIGN.BUILDER (Signature)
See below.J ~ M e:s L. \2 c:> .str
(Printed name and title)
7 j2..€"S \ 0 e- .v T
OWNER (Signature)
See below
(Printed name and title)
CITY OF CLEARWATER
Inlt.
AlA Document A141l" -2004. Copyright @2004byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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IN PINELLAS COUNTY, FLORIDA
B~2," ~-.iI.
William B. Home, II
City Manager
Attest:
Countersigned:
. --- - "'-'': /JAJ'/l.
---~--~4r7'- - ~
-~
., ... ....,..-...-...
By, -~ ~
~ibbard,
Mayor-
:;;:=o~
Laura Lipowski
Assistant City Attorney
(Contractor
Corporation,
Individual.)
must indicate whether
Partnership, Company or
.('" C" 0 u .'.:J. (,N ('
MIS e }..) e. tZ.. M kf-, }...J c;.
(The person signing shall, in his own
handwriting, sign the Principal's name, his
own name, and his title; where the person is
signing for a Corporation, he must, by
Affidavit, show his authority to bind the
Corporation).
(Contractor)
B~?hriir -.-
4 IT.tJ' 25 L' /tit,:> /'-
P ILEs, o<~t
Init.
AlA Document A141 "" - 2004. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document Is
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 II,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 12:35:26 on 05/15/2008 under Order No, 1000352845_1 which expires on 4/17/2009, and is not for resale,
User Notes: (526016728)
11
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Additions and Deletions Report for
@ 1M
AlA Document A 141 - 2004 .
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from
the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AlA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AlA software at 12:35:26 on 05/15/2008.
PAGE 1
Citv of Clearwater. Florida
100 S. Mvrtle Avenue
Clearwater FL 33756
Misener Marine Construction. Inc.
5600 West Commerce Street
Tampa. FL 33616
Citv of Clearwater Downtown Boat Slips
Design. permitting and construction of a floating concrete boat slip facilitv consisting of approximatelv 132 slips of
varving sizes. Included are docking facilities for transient. dav and event activities; wave attenuators and all
pertinent utilities.
PAGE 3
A commencement date for the design and permitting phase will be fixed in an initial Notice to proceed. When all
permits are approved and in hand. a commencement date for construction will be fixed in a second Notice to
Proceed for the construction phase.
None
(Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for
early completion of the Work.) The Design-Builder shall achieve SUBSTANTIAL COMPLETION within 180
calendar davs of the Second Notice to Proceed as provided for in Section 3.1 for the Construction Phase of the
proiect.
Should the Design-Builder fail to achieve Substantial Completion within 180 calendar davs from the Second Notice
to Proceed. Owner will retain an amount of $ 500 per calendar dav for each dav that Substantial Completion is not
achieved.
Substantial Completion is the stage of progress of the Work as defined in Section A.9.8. Exhibit nAn. Terms and
Conditions.
Additions and Deletions Report for AlA Document A141 1M - 2004. Copyright @2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyrlghtlllw and International Treaties. Unauthorized reproduction or distribution 01 this AlAe
Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/15/2008 under Order NO.1 000352845_' which expires on 4/1712009, and is not for resale.
User Notes: (526016728)
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A Pinal Completion date as defined in A.9.1O shall be 60 days following Substantial Completion.
i
Portion of Work
Portion of Work
Substantial Completion Date
Substantial ComDletion Date
S 3.3 The DesigR Builder shall ashieve SuhstaRtial CemflletiaR ef the Werk Rat later thaR days fr.em the date sf
semmeRsemeRt, er as fellows:
([rn>el't ",umBer of fJale",d6lr days. AlleFflalivel)', a eak'Ndar date may he wsed when fJeerriinatedwith the oote flf
eemmcnecme"'t. U-l'lle~'1i ~.tated elsewhcFC in the fJe~'i~n llwild f)ocwmentfi, inlieR any reqwiT'emel'ltt;f6r ea1'lier
SW8sttll'ltial Cempletien of ceRai", peFtienli of the lVerk.)
PoFlioA of 'NeFk
SubstaAtial CompletioA Date
[ !J Stipulated Sum in accordance with Section 4.2 below;
~ 4.2.1 The Stipulated Sum shall be ten million. five hundred twenty-two thousand. seven hundred sixty five dollars
and five cents ($10.522.765.05 ), subject to additions and deductions as provided in the Design-Build
Documents.
PAGE 4
None
None
None
None
i..
i
Additions and Deletions Report for AlA Document A141 TII - 2004. Copyright @2004 by The American Institute of Architects. All rights reserved.
WARNING: This AIAfIJ) Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA""
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
u_ ....., I"''' ,,,,, J'
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S 4.3 COST Of THE WORK PLUS DESIGN BUILDER'S fEE
S 4.3.1 Th@ Cast af the WaFk is as SIlHR@d iR Exhibit B.
S 4.3.2 The D@sigR Builser's Pee is:
(Sl6te a Iltmp sltm, peFeenhtge ef CBst 8f the We1'.I( er ether pF8l'isie/'l f6r deleR'l'li/'ling the JJesig/'l Bltilder'li .17-ec and
me Hu:thed 8/ adjlt~.tffle/'lt f6 the Fee fer €htl/'lge~' i/'l the Werk.)
S 4.4 COST Of THE '.AfORK PLUS DIiSIGN BUILDIiR'S fl!li WITH A GUAR.4.NTIiIiD M..UIMUM PRICE
S 4.4.1 The Cast afthe 'Nerk is as setiRes iR EJlhibit B, fllus the DesigR Builser's Pee.
S 4.4.2 The DesigR Byilser's Pee is:
(State a Iltmp ~'II1'I'l, pereeRhlge 8/ Cest of the Work or Bther previliifJl'l for detel'mi/'ling me Desigll Builder's Foe a/'ld
the methed ef adjltlitme/'lt to the Fee for eh8/'lges i/'l the Wel'k.)
S 4.4.3 GU.~.RANTEiI!D MAXIMUM PRICI!
S 4.4.3.1 The sumefthe Cast afthe Werk aaa the DesigR Builder's Pee is guaftlRteed by the DesigR Builder Rat te
exeeed ( ), subjest te additieRs aRd sesuetieBs by ohaRges iR the 'Herk as flRwises iR the DesigR Build
DaSUHl8Rts. Syeh mBJlimum sym is Fl:lfen:ed te iR the DesigR Byild DeeumeRts as the GuarBRteed Maximum Priee.
Casts whish weuld sayse the GuaraRteed Maximum Priee te be exseeded shall be flaid b)' the DesigR Builder
witheyt reimbuF&emeRt by the Owaer.
(!/'ll;'cFt SfH!eifie pFBl'i6is/'ls if the Design Builder i~' t8 fJ6RieiP8te i/'l a/'lY &.tlvings.)
S 4.4.3.2 The Guar-aateed Maximum Priee is based aa the fellewiag alternates, if aRY, whieh are deseribed ia the
Desiga Build DeGymeRts aad aFe hereby aseeflted by t-hll Owaer:
S 4.4.3.3 VRit Priees, if aay, are as fellews:
DeSSAptieR
URit&
PAse ($ 0.00)
S 4.4.3.4 l\llewaases, if aRY, aRl as fenews:
(!dentify tlnd state the amBltn'S of tln'} tlll(lwamJes, tlnd state whether they indltde laher, materials, (lr hem.)
AllewaRse
'.MellRt ($ 0.00)
IRslllded IteMS
S 4.4.3.5 .^.sSymfltieRs, if aa)', ea whieh the GuaraRteed Maximum Priee is based, are as fellews:
(!de/'ltify the as~'umptionli 01'1 which the Gltal'tl/'lteea itlEuimwm Price is Bltlied.)
~ 4.5 CHANGES IN THE WORK
PAGE 5
N/A
Additions and Deletions Report for AlA Document A 141 1M - 2004. Copyright @ 2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/1512008 under Order No.l000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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!5 5.1.3Provided that an Application for Payment is received not later than the 25th day of the month, theOwner shall make
oavment to the Design-Builder not later. than thirty ( 30 ) days after the Owner receives the Aoolication for
Payment.
S 5.1.3 PFevided that aR :\pplieatieR fer PaYlHeRt is Ftleeived Ret later thaR the day af lHaRth, the OWRer shalllHake
paylHeRt ta the DesigR BlIilder Ret later thaR the dayeCtBe lHeRth. If aR .\pplieatieR fer PaymeRt is reeeived by
tBe Owner aner the aflplieatiaR date fixed ahe'.'e, paYlHeRt shall he lHade by tBe OWRer Ret later tBaR ( ) days after
the OWRer r-eeeives the ^flfllisatieR far PaylHeRt.
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
allocated to that portion of the Work in the schedule of values, less retainage of five oercent (
~ on the Work, other than services provided by design professionals and other consultants
retained directly by the Design-Builder. Pending final determination of cost to the Owner of Changes
in the Work, amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,
Terms and Conditions;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of five oercent ( 5% );
PAGE 6
~ 5.2.4 Reduction or limitation of retainage, if any, under Section 5.2.2 shall be as follows: When work comoleted
achieves 50% comolete of the construction ohase. retained earnings will be reduced to 0% of work comolete with
all retained funds held to be oaid uoon acceotance of the oroiect bv Owner at final comoletion.
None
.2 Add the Design-Builder's Fee, less retainage of N/A ( PQ..j. The Design-Builder's Fee shall be
computed upon the Cost of the Work described in the preceding Section 5.3.2.1 at the rate stated in
Section 4.3.2; or if the Design-Builder's Fee is stated as a fixed sum in that section, an amount which
bears the same ratio to that fixed-sum Fee as the Cost of the Work in the preceding section bears to a
reasonable estimate of the probable Cost of the Work upon its completion;
N/A
~ 5.3.4 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less
than N/A ( PQ..j. The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and
approval of payments and retention for Contractors.
PAGE 7
.3 Add the Design-Builder's Fee, less retainage of N/A ( PQ..j. The Design-Builder's Fee shall be
computed upon the Cost of the Wark described in the two preceding sections at the rate stated in
Additions and Deletions Report for AlA Document A141 T1l - 2004. Copyright @ 2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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Section 4.4.2 or, if the Design-Builder's Fee is stated as a fixed sum in that section, shall be an
amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two preceding
sections bears to a reasonable estimate of the probable Cost of the Work upon its completion;
~ 5.4.3 Except with the Owner's prior approval, payments for the Work, other than for services provided by design
professionals and other consultants retained directly by the Design-Builder, shall be subject to retainage of not less
than N/A ( U. The Owner and Design-Builder shall agree on a mutually acceptable procedure for review and
approval of payments and retention for Contractors.
None
(-] Arbitration pursuant to Section A.4.4 of Exhibit A, Terms and Conditions
H-&Litigation in a court of competent jurisdiction
PAGE 8
Halcrow. 4010 Boy
Scout Boulevard. Suite
580. Tampa. FL 33607
Design Engineer
Harbormasters -
Marinetek International.
976 Sanford Road.
Wells. Maine. 04090
Dock
manufacturer
Dial Cordy &
Associates, 490 Osceola
Avenue. Jacksonville
Beach. FL 32250
Environmental
permitting
Wade Trim.
Renaissance 5. Suite
220. 8475Henderson
Road. Tampa. FL 33634
Technical and
permitting
assistance
None
~ 7.4 The Owner's Designated ReflFeS8Htative is:Representatives are:
Design & Permitting Phase: Ed Chesnev. P.E.
City of Clearwater Environmental Management
100 S. Myrtle Avenue
Clearwater. FL 33756
727-562-4742
Additions and Deletions Report for AlA Document A141'" -2004. Copyright @2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"
Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 0511512008 under Order NO.1 000352845_1 which expires on 411712009, and is not.for resale.
User Notes: (526016728)
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~
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Construction Phase: Perry Lopez
City of Clearwater Construction Diviliion
410 N. Myrtle Avenue
Clearwater. Fl. 33756
727 -462-6988
PAGE 9
John Whalen
Misener Marine Construction
5600 West Commerce Street
Tampa. FL 33616
813-839-8441
None
) per annum
Exhibit A
DOGUIR8Rt
+itIe
Page&
PAGE 10
The Downtown Boat Slips Technical Proposal dated February 8. 2008 and supplement proposals dated March 11.
2008 & April I. 2008 which includes changes such as: Seaflex system changed to pile anchored docks adiusted for
changing some 18" pile to 14" pile: M docks width reduction from Super Yacht to premier style float: Owner direct
purchases sales tax savings: Additional breakwater pieces added at the end of A Dock and B Dock in the south
basin.. :
litIe Date
~ 8.1.4 The Design-Builder's Proposal, dated Februarv 8. 2008 . consists of the following:
Title of the Design-Builder's Proposal: Downtown Boat Slips Design Build Services Technical and Financial
Proposals
Supplemental Proposals dated March 11. 2008 and April I. 2008
Title of the Addenda exhibit: Addendum #1 issued 1/22108.
NuIRIMF Date
Page&
Additions and Deletions Report lor AlA Document A141 T1I - 2004. Copyright @2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution olthls AlA"
Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/15/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (526016728)
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Title of the Other Documents exhibit:
See below
See below
CITY OF CLEARWATER
IN PINELLAS COUNTY. FLORIDA
4f!u...~ tB~
Wil iam B. Home. n
City Manager
Countersigned:
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Attest:
~'
Laura Lioowski
Assistant City Attornev
(Contractor
Corporation.
Individual.)
must indicate whether
Partnership. Company or
tVlA(}...tJJh ~6U-6\:, .JoJc..
L
h N\B L-. R.bst t2..esl~/J1B:
(The person signing shall. in his own
handwriting. sign the Principal's name. his
own name. and his title; where the person is
signing for a Corporation. he must. by
Affidavit. show his authority to bind the
Corporation).
" (SEAL) _
-~ '-
~'"' .
Additions and Deletions Report lor AlA Document A141 ™ - 2004. Copyright @ 2004 by The American Institute of Architects. All rights reserved.
WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA"
Document, or any portion 01 It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the
law. This document was produced by AlA software at 12:35:26 on 05/15/2008 under Order NO.1 000352845_1 which expires on 4/1712009, and is not for resale.
User Notes: (526016728)
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Certification of Document's Authenticity
AIA@ Document 0401 ™ - 2003
I, Mike Quillen, hereby certify, to the best of my knowledge, information and belief, that I created the attached final
document simultaneously with its associated Additions and Deletions Report and this certification at 12:35:26 on
05/15/2008 under Order No. 1000352845_1 from AlA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AlA@ Document A 141 ™ - 2004 - Standard Form
of Agreement Between Owner and Design-Builder, as published by the AlA in its software, other than those
additions and deletions shown in the associated Additions and Deletions Report.
/A/J ~ ~
(Signed) 9-
CCr:J
& is- ttU ~ if II.
(Title)
s-- [r-dZ
(Dated)
AlA Document D401"' -2003. Copyrlght@1992and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlAe Document, orany portion 01 It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by
AlA software at 12:35:26 on 05/15/200B under Order No.1000352B45_1 which expires on 4/1712009, and is not for resale.
User Notes: (52601672B)
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.:' AlA Document A141'" - 2004 Exhibit A
Terms and Conditions
for the following PROJECT:
(Name and location or address)
Misener Marine Construction
5600 West Commerce Street
Tampa, FL 33616
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line In the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attomey is encouraged with respect
to its completion or modification.
Consultation with an attomey is also
encouraged with respect to
professional licensing requirements
in the jurisdiction where the Project
Is located.
Clearwater Downtown Boat Slips
Coachman Park at Cleveland Street.
THE OWNER:
(Name and location)
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
THE DESIGN.BUILDER:
(Name and location)
.
.
AlA Document A141 '" - 2004 Exhibit A. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes:
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. TABLE OF ARTICLES
A.1 GENERAL PROVISIONS
A.2 OWNER
A.3 DESIGN-BUILDER
A.4 DISPUTE RESOLUTION
A.5 AWARD OF CONTRACTS
A.6 CONSTRUCTION BY.OWNER OR BY SEPARATE CONTRACTORS
A.7 CHANGES IN THE WORK
A.8 TIME
A.9 PAYMENTS AND COMPLETION
A.10 PROTECTION OF PERSONS AND PROPERTY
A.11 INSURANCE AND BONDS
A.12 UNCOVERING AND CORRECTION OF WORK
A.13 MISCELLANEOUS PROVISIONS
. A.14 TERMINATION OR SUSPENSION OF THE DESIGN-BUILD CONTRACT
.
AlA Document A 141'" - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document. or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05101/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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ARTICLE A.i GENERAL PROVISIONS
t A.i.i BASIC DEFINITIONS
tA.i.i.i THE DESIGN-BUILD DOCUMENTS
The Design-Build Documents are identified in Section 1.1 of the Agreement.
t A.i.i.2 PROJECT CRITERIA
The Project Criteria are identified in Section 8.1.3 of the Agreement and may describe the character, scope,
relationships, forms, size and appearance of the Project, materials and systems and, in general, their quality levels,
performance standards, requirements or criteria, and major equipment layouts.
~ A.i.i.3 ARCHITECT
The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture
identified as such in the Agreement and having a direct contract with the Design-B uilder to perform design services
for all or Ii portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number.
The term" Architect" means the Architect or the Architect's authorized representative.
~ A.i.i.4 CONTRACTOR
A Contractor is a person or entity, other than the Architect, that has a direct contract with the Design-Builder to
perform all or a portion of the construction required in connection with the Work. The term "Contractor" is referred
to throughout the Design-Build Documents as if singular in number and means a Contractor or an authorized
representative of the Contractor. The term "Contractor" does not include a separate contractor, as defined in Section
A.6.1.2, or subcontractors of a separate contractor.
~A.i.i.5 SUBCONTRACTOR
ASubcontractor is a person or entity who has a direct contract with a Contractor to perform a portion of the
construction required in connection with the Work at the site. The term "Subcontractor" is referred to throughout the
Design-Build Documents as if singular in number and means a Subcontractor or an authorized representative of the
Subcontractor.
~.A.i.i.6 THE WORK
The term "Work" means the design, construction and services required by the Design-Build Documents, whether
completed or partially completed, and includes all other labor, materials, equipment and services provided or to be
provided by the Design-Builder to fulfill the Design-Builder's obligations. The Work may constitute the whole or a
part of the Project.
lA.i.i.7 THE PROJECT
The Project is the total design and construction of which the Work performed under the Design-Build Documents
may be the whole or a part, and which may include design and construction by the Owner or by separate contractors.
~ A.1.1.8 NEUTRAL
The Neutral is the individual appointed by the parties to decide Claims and disputes pursuant to Section A.4.2.1.
~ A.i.2 COMPLIANCE WITH APPLICABLE LAWS
~ A.i.2.1 If the Design-B uilder believes that implementation of any instruction received from the Owner would cause
a violation of any applicable law, statute, ordinance, building code, rule or regulation, the Design-Builder shall
notify the Owner in writing. Neither the Design-Builder nor any Contractor or Architect shall be obligated to
perform any act which they believe will violate any applicable law, ordinance, rule or regulation.
~ A.i.2.2 The Design-Builder shall be entitled to rely on the completeness and accuracy of the information contained
in the Project Criteria, but not that such information complies with applicable laws, regulations and codes, which
shall be the obligation of the Design-Builder to determine. In the event that a specific requirement of the Project
Criteria conflicts with applicable laws, regulations and codes, the Design-Builder shall furnish Work which
complies with such laws, regulations and codes. In such case, the Owner shall issue a Change Order to the Design-
Builder unless the Design-Builder recognized such non-compliance prior to execution of this Agreement and failed
to notify the Owner.
Init.
AlA Document A 141 1M - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1000352845_1 which expires on 4/1712009, and is not for resale.
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S A.1.3 CAPITALIZATION
S A.1.3.1 Terms capitalized in these Terms and Conditions include those which are (I) specifically defined, (2) the
titles of numbered articles and identified references to sections in the document, or (3) the titles of other documents
published by the American Institute of Architects.
S A.1.4INTERPRET ATION
S A.1.4.1 In the interest of brevity, the Design-Build Documents frequently omit modifying words such as "all" and
"any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and
appears in another is not intended to affect the interpretation of either statement.
S A.1.4.2 Unless otherwise stated in the Design-Build Documents, words which have well-known technical or
construction industry meanings are used in the Design-Build Documents in accordance with such recognized
meanings.
S A.1.5 EXECUTION OF THE DESIGN-BUILD DOCUMENTS
S A.1.5.1 The Design-Build Documents shall be signed by the Owner and Design-Builder.
S A.1.5.2 Execution ofthe Design-Build Contract by the Design-Builder is a representation that the Design-Builder
has visited the site, become generally familiar with local conditions under which the Work is to be performed and
correlated personal observations with requirements of the Design-Build Documents.
S A.1.6 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA
S A.1.6.1 Drawings, specifications, and other documents including those in electronic form, prepared by the Architect
and furnished by the Design-Builder are Instruments of Service. The Design-Builder, Design-Builder's Architect
and other providers of professional services individually shall retain all common law, statutory and other reserved
rights, including copyright in those Instruments of Services furnished by them. Drawings, specifications, and other
documents and materials and electronic data are furnished for use solely with respect to this Project.
S A.1.6.2 Upon execution of the Design-Build Contract, the Design-Builder grants to the Owner a non-exclusive
license to reproduce and use the Instruments of Service solely in connection with the Project, including the Project's
further development by the Owner and others retained by the Owner for such purposes, provided that the Owner
shall comply with all obligations, including prompt payment of sums when due, under the Design-Build Documents.
Subject to the Owner's compliance with such obligations, such license shall extend to those parties retained by the
Owner for such purposes, including other design professionals. The Design-Builder shall obtain similar non-
exclusive licenses from itspesign professionals, including the Architect. The Owner shall not otherwise assign or
transfer any license herein to another party without prior written agreement of the Design-Builder. Any unauthorized
reproduction or use of the Instruments of Service by the Owner or others shall be at the Owner's sole risk and
expense without liability to the Design~Builder and its design professionals. Except as provided in Section A.I.6.4,
termination of this Agreement prior to completion of the Design-Builder's services to be performed under this
Agreement shall terminate this license.
S A.1.6.3 Prior to any electronic exchange by the parties of the Instruments of Service or any other documents or
materials to be provided by one party to the other, the Owner and the Design-Builder shall agree in writingon the
specific conditions governing the format thereof, including any special limitations or licenses not otherwise provided
in the Design-Build Documents.
S A.1.6.4 If this Agreement is terminated for any reason other than the default of the Owner, each of the Design-
Builder's design professionals, including the Architect, shall be contractually required to convey to the Owner a
non-exclusive license to use that design professional's Instruments of Service for the completion, use and
maintenance of the Project, conditioned upon the Owner's written notice to that design professional of the Owner's
assumption of the Design-Builder's contractual duties and obligations to that design professional and payment to
that design professional of all amounts due to that design professional and its consultants. If the Owner does not
assume the remaining duties and obligations of the Design-Builder to that design professional under this Agreement,
then the Owner shall indemnify and hold harmless that design professional from all claims and any expense,
including legal fees, which that design professional shall thereafter incur by reason of the Owner's use of such
Instruments of Service. The Design-Builder shall incorporate the requirements of this Section A. 1.6.4 in all
agreements with its design professionals.
Init.
AlA Document A1411M -2004 Exhibit A. Copyright @2oo4byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1000352845_1 which expires on 4/17/2009, and is not for resale.
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t A.1.6.5 Submission or distribution of the Design-Builder's documents to meet official regulatory requirements or
for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights
reserved in Section A.l.6.1.
ARTICLE A.2 OWNER
t A.2.1 GENERAL
t A.2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the
Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized
representative. The Owner shall designate in writing a representative who shall have express authority to bind the
Owner with respect to all Project matters requiring the Owner's approval or authorization. The Owner shall render
decisions in a timely manner and in accordance with the Design-Builder's schedule submitted to the Owner.
t A.2.1.2 The Owner shall furnish to the Design-Builder within 15 days after receipt of a written request information
necessary and relevant for the Design-Builder to evaluate, give notice of or enforce mechanic's lien rights. Such
information shall include a correct statement of the record legal title to the property on which the Project is located,
usually referred to as the site, and the Owner's interest therein.
t A.2.2INFORMATION AND SERVICES REQUIRED OF THE OWNER
t A.2.2.1 Information or services required of the Owner by the Design-Build Documents shall be furnished by the
Owner with reasonable promptness. Any other information or services relevant to the Design-Builder's performance
of the Work under the Owner's control shall be furnished by the Owner after receipt from the Design-Builder of a
written request for such information or services.
t A.2.2.2 The Owner shall be responsible to provide surveys, if not required by the Design-Build Documents to be
provided by the Design-Builcler, describing physical characteristics, legal limitations, and utility locations for the
site of this Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage;
rights-of-way, restrictions, easements, encroachments, zoning, deed restriction, boundaries, and contours of the site;
locations, dimensions, and necessary data pertaining to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade,
including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
t A.2.2.3 The Owner shall provide, to the extent available to the Owner and if not required by the Design-Build
Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations
~onducted for the Project involving structural or mechanical systems, chemical, air and water pollution, hazardous
materials or environmental and subsurface conditions and information regarding the presence of pollutants at the
Project site.
t A.2.2.4 The Owner may obtain independent review of the Design-Builder's design, construction and other
documents by a separate architect, engineer, and contractor or cost estimator under contract to or employed by the
Owner. Such independent review shall be undertaken at the Owner's expense in a timely manner and shall not delay
the orderly progress of the Work.
t A.2.2.5 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and
inspections. The Owner shall not be required to pay the fees for such permits, licenses and inspections unless the
cost of such fees is excluded from the responsibility of the Design-Builder under the Design-Build Documents.
t A.2.2.6 The services, information, surveys and reports required to be provided by the Owner under Section A.2.2,
shall be furnished at the Owner's expense, and the Design-Builder shall be entitled to rely upon the accuracy and
completeness thereof, except as otherwise specifically provided in the Design-Build Documents or to the extent the
Owner advises the Design-Builder to the contrary in writing.
t A.2.2.7 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with
the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder.
AlA Document A141'M - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. UnauthorIzed reproduction or distribution 01 this AlA'" Document, or any portion of It,
may result In severe cIvil and crImInal penalties, and will be prosecuted to the maximum extent possIble under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/1712009, and is not for resale.
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~ A.2.2.8 The Owner shall, at the request of the Design-Builder, prior to execution of the Design-Build Contract and
promptly upon request thereafter, furnish to the Design-Builder reasonable evidence that financial arrangements
have been made to fulfill the Owner's obligations under the Design-Build Documents.
~ A.2.2.9 The Owner shall communicate through the Design-Builder with persons or entities employed or retained by
the Design-Builder, unless otherwise directed by the Design-Builder.
~ A.2.2.10 The Owner shall furnish the services of geotechnical engineers or other consultants, if not required by the
Design-Build Documents to be provided by the Design-Builder, for subsoil, air and water conditions when such
services are deemed reasonably necessary by the Design-Builder to properly carry out the design services provided
by the Design-Builder and the Design-Builder's Architect. Such services may include, but are not limited to, test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground
corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions. The services of
geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and
professional recommendations.
~ A.2.2.11 The Owner shall promptly obtain easements, zoning variances, and legal authorizations regarding site
utilization where essential to the execution of the Owner's program.
~A.2.3 OWNER REVIEW AND INSPECTION
~A.2.3.1 The Owner shall review and approve or take other appropriate action upon the Design-Builder's submittals,
including but not limited to design and construction documents, required by the Design-Build Documents, but only
for the limited purpose of checking for conformance with information given and the design concept expressed in the
Design-Build Documents. The Owner's action shall be taken with such reasonable promptness as to cause no delay
in the Work or in the activities of the Design-Builder or separate contractors. Review of such submittals is not
<;onducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and
quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which
remain the responsibility of the Design-Builder as required by the Design-Build Documents.
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~ A.2.3.2 Upon review of the design documents, construction documents, or other submittals required by the Design-
Build Documents, the Owner shall take one of the following actions:
.1 Determine that the docl!~pts or submittals are in conformance with the Design-Build Documents
and approve themwiWfi.21 days from date of receipt by Owner.
.2 Determine that the ~oc~mtmts or submittals are in conformance with the Design-Build Documents
but request changes in the documents or submittals which shall be implemented by a Change in the
Work.
.3 Determine that the dOCUments or submittals are not in conformity with the Design-Build Documents
and reject them. .. ...[\\<
.4 Determine that th~eo~uments or submittals are not in conformity with the Design-Build Documents,
but accept ~em by implementing a Change in the Work.
.5 Determine that the documents or submittals are not in conformity with the Design-Build Documents,
but accept them ~d request changes in the documents or submittals which shall be implemented by a
Change in the Wark.
~ A.2.3.3 The Design-Builder shall submit to the Owner for the Owner's approval, pursuant to Section A,2.3.1, any
proposed change or deviation to previously approved documents or submittals. The Owner shall review each
proposed change or deviation to previously approved documents or submittals which the Design-Builder submits to
the Owner for the Owner's approval with reasonable promptness in accordance with Section A,2.3.1 and shall make
one of the determinations described in Section A,2.3.2.
~ A.2.3.4 Notwithstanding the Owner's responsibility under Section A.2.3.2, the Owner's review and approval of the
Design-Builder's documents or submittals shall not relieve the Design-Builder of responsibility for compliance with
the Design-Build Documents unless a) the Design-Builder has notified the Owner in writing of the deviation prior to
approval by the Owner or, b) the Owner has approved a Change in the Work reflecting any deviations from the
requirements of the Design-Build Documents.
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AlA Document A141TN - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AIA@ Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAO) Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/1712009, and is not for resale.
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S A.2.3.5 The Owner may visit the site to keep informed about the progress and quality of the portion of the Work
completed. However, the Owner shall not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. Visits by the Owner shall not be construed to create an obligation on the part of
the Owner to make on-site inspections to check the quantity or quality of the Work. The Owner shall neither have
control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for the safety precautions and programs in connection with the Work, since these are solely the
Design-Builder's rights and responsibilities under the Design-Build Documents, except as provided in Section
A.3.3.7.
S A.2.3.6 The Owner shall not be responsible for the Design-Builder's failure to perform the Work in accordance
with the requirements of the Design-Build Documents. The Owner shall not have control over or charge of and will
not be responsible for acts or omissions of the Design-Builder, Architect, Contractors, or their agents or employees,
or any other persons or entities performing portions of the Work for the Design-Builder.
S A.2.3.7 The Owner may reject Work that does not conform to the Design-Build Documents. Whenever the Owner
considers it necessary or advisable, the Owner shall have authority to require inspection or testing of the Work in
accordance with Section A.13.5.2, whether or not such Work is fabricated, installed or completed. However, neither
this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Owner to the Design-Builder, the Architect, Contractors, material and
equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
S A.2.3.8 The Owner may appoint an on-site project representative to observe the Work and to have such other
!esponsibilities as the Owner and the Design-Builder agree to in writing.
S A.2.3.9 The Owner shall conduct inspections to determine the date or dates of Substantial Completion and the date
of final completion.
S A.2.4 OWNER'S RIGHT TO STOP WORK
S A.2.4.1 If the Design-Builder fails to correct Work which is not in accordance with the requirements of the Design-
Build Documents as required by Section A.12.2 or persistently fails to carry out Work in accordance with the
Design-Build Documents, the Owner may issue a written order to the Design-Builder to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work
shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design-Builder or
any other person or entity, except to the extent required by Section A.6.1.3.
S A,2.5 OWNER'S RIGHT TO CARRY OUT THE WORK
S A.2.5.1 If the Design-Builder defaults or neglects to carry out the Work in accordance with the Design-Build
Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and
c<>ntinue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day
period give the Design-Builder a second written notice to correct such deficiencies within a three-day period. If the
Design-Builder within such three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, theOwrier may, without prejudice to other remedies the Owner may have, correct such
deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter
due the Design-Builder the reasonable cost of correcting such deficiencies. If payments due the Design-Builder are
not sufficient to cover such amounts, the Design-Builder shall pay the difference to the Owner.
ARTICLE A.3 DESIGN.BUILDER
S A.3.1 GENERAL
S A.3.1.1 The Design-Builder is the person or entity identified as such in the Agreement and is referred to throughout
the Design-Build Documents as if singular in number. The Design-Builder may be an architect or other design
professional, a construction contractor, a real estate developer or any other person or entity legally permitted to do
business as a design-builder in the location where the Project is located. The term "Design-Builder" means the
Design-Builder or the Design-Builder's authorized representative. The Design-Builder's representative is authorized
to act on the Design-Builder's behalf with respect to the Project.
S A.3.1.2 The Design-Builder shall perform the Work in accordance with the Design-Build Documents.
AlA Document A141 T1l - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2009. and is not for resale.
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S A.3.2 DESIGN SERVICES AND RESPONSIBILITIES
SA.3.2.1 When applicable law requires that services be performed by licensed professionals, the Design-Builder
shall provide those services through the performance of qualified persons or entities duly licensed to practice their
professions. The Owner understands and agrees that the services performed by the Design-Builder's Architect and
the Design-Builder's other design professionals and consultants are undertaken and performed in the sole interest of
and for the exclusive benefit of the Design-Builder.
S A.3.2.2 The agreements between the Design-Builder and Architect or other design professionals identified in the
Agreement, and in any subsequent Modifications, shall be in writing. These agreements, including services and
financial arrangements with respect to this Project, shall be promptly and fully disclosed to the Owner upon the
Owner's written request.
S A.3.2.3 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Builder's
employees, Architect, Contractors, Subcontractors and their agents and employees, and other persons or entities,
including the Architect and other design professionals, performing any portion of the Design-Builder's obligations
under the Design-Build Documents.
S A.3.2.4 The Design-Builder shall carefully study and compare the Design-Build Documents, materials and other
information provided by the Owner pursuant to Section A.2.2, shall take field measurements of any existing
conditions related to the Work, shall observe any conditions at the site affecting the Work, and report promptly to
the Owner any errors, inconsistencies or omissions discovered.
fi A.3.2.5 The Design-Builder shall provide to the Owner for Owner's written approval design documents sufficient
to establish the size, quality and character of the Project; its architectural, structural, mechanical and electrical
systems; and the materials and such other elements of the Project to the extent required by the Design-Build
Documents. Deviations, if any, from the Design-Build Documents shall be disclosed in writing.
S A.3.2.6 Upon the Owner's written approval of the design documents submitted by the Design-Builder, the Design-
Builder shall provide construction documents for review and written approval by the Owner. The construction
documents shall set forth in detail the requirements for construction of the Project. The construction documents shall
include drawings and specifications that establish the quality levels of materials and systems required. Deviations, if
any, from the Design-Build Documents shall be disclosed in writing. Construction documents may include
drawings, specifications, and other documents and electronic data setting forth in detail the requirements for
construction of the Work, and shall:
.1 be consistent with the approved design documents;
.2 provide information for the use of those in the building trades; and
.3 include documents customarily required for regulatory agency approvals.
S A.3.2.7 The Design-Builder shall meet with the Owner periodically to review progress of the design and
construction documents.
S A.3.2.8 Upon the Owner's written approval of construction documents, the Design-Builder, with the assistance of
the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities
having jurisdiction over the Project.
S A.3.2.9 The Design-Builder shall obtain from each of the Design-Builder's professionals and furnish to the Owner
certifications with respect to the documents and services provided by such professionals (a) that, to the best of their
knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent
with the Project Criteria set forth in the Design-Build Documents, except to the extent specifically identified in such
certificate, (ii) comply with applicable professional practice standards, and (iii) comply with applicable laws,
ordinances, codes, rules and regulations governing the design of the Project; and (b) that the Owner and its
consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such
certifications.
S A.3.2.10 If the Owner requests the Design-Builder, the Architect or the Design-Builder's other design professionals
to execute certificates other than those required by Section A.3.2.9, the proposed language of such certificates shall
be submitted to the Design-Builder, or the Architect and such design professionals through the Design-Builder, for
AlA Document A141 TJI - 2004 Exhibit A. Copyright @ 2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not lor resale.
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review and negotiation at least 14 days prior to the requested dates of execution. Neither the Design-Builder, the
Architect nor such other design professionals shall be required to execute certificates that would require knowledge,
services or responsibilities beyond the scope of their respective agreements with the Owner or Design-Builder.
S A.3.3 CONSTRUCTION
S A.3.3.1 The Design-Builder shall perform no construction Work prior to the Owner's review and approval of the
construction documents. The Design-Builder shall perform no portion of the Work for which the Design-Build
Documents require the Owner's review of submittals, such as Shop Drawings, Product Data and Samples, until the
Owner has approved each submittal.
S A.3.3.2 The construction Work shall be in accordance with approved submittals, except that the Design-Builder
shall not be relieved of responsibility for deviations from requirements of the Design-Build Documents by the
Owner's approval of design and construction documents or other submittals such as Shop Drawings, Product Data,
Samples or other submittals unless the Design-Builder has specifically informed the Owner in writing of such
deviation at the time of submittal and (I) the Owner has given written approval to the specific deviation as a minor
change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the
deviation. The Design-Builder shall not be relieved of responsibility for errors or omissions in design and
construction documents or other submittals such as Shop Drawings, Product Data, Samples or other submittals by
the Owner's approval thereof.
S A.3.3.3 The Design-Builder shall direct specific attention, in writing or on resubmitted design and construction
documents or other submittals such as Shop Drawings, Product Data, Samples or similar submittals, to revisions
other than those requested by the Owner on previous submittals. In the absence of such written notice, the Owner's
approval of a resubmission shall not apply to such revisions.
SA.3.3.4 When the Design-Build Documents require that a Contractor provide professional design services or
certifications related to systems, materials or equipment, or when the Design-Builder in its discretion provides such
design services or certifications through a Contractor, the Design-Builder shall cause professional design services or
certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all
drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such
professional. Shop Drawings and other submittals related to the Work designed or certified by such professionals, if
prepared by others, shall bear such design professional's written approval. The Owner shall be entitled to rely upon
the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design
professionals.
S A.3.3.5 The Design-Builder shall be solely responsible for and have control over all construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under the Design-Build
Documents.
SA.3.3.6 The Design-Builder shall keep the Owner informed of the progress and quality of the Work.
~ A.3.3.7 TheDesign-Builder shall be responsible for the supervision and direction of the Work, using the Design-
Builder's best skill and attention. If the Design-Build Documents give specific instructions concerning construction
means, methods, techniques, sequences or procedures, the Design-Builder shall evaluate the jobsite safety thereof
and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods,
techniques, sequences or procedures. If the Design-Builder determines that such means, methods, techniques,
sequences or procedures may not be safe, the Design-Builder shall give timely written notice to the Owner and shall
not proceed with that portion of the Work without further written instructions from the Owner. If the Design-Builder
is then instructed to proceed with the required means, methods, techniques, sequences or procedures without
acceptance of changes proposed by the Design-Builder, the Owner shall be solely responsible for any resulting loss
or damage.
S A.3.3.8 The Design-Builder shall be responsible for inspection of portions of Work already performed to determine
that such portions are in proper condition to receive subsequent Work.
AlA Document A141 TII - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 0510112008 under Order No. 1 000352845_1 which expiras on 4/1712009, and is not for resale.
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i A.3.4 LABOR AND MATERIALS
i A.3.4.1 Unless otherwise provided in the Design-Build Documents, the Design-Builder shall provide or cause to be
provided and shall pay for design services, labor, materials, equipment, tools, construction equipment and
machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in
the Work.
i A.3.4.2 When a material is specified in the Design-Build Documents, the Design-Builder may make substitutions
only with the consent of the Owner and, if appropriate, in accordance with a Change Order.
i A.3.4.3 The Design-Builder shall enforce strict discipline and good order among the Design-Builder's employees
and other persons carrying out the Design-Build Contract. The Design-Builder shall not permit employment of unfit
persons or persons not skilled in tasks assigned to them.
i A.3.5 WARRANTY
i A.3.5.1 The Design-Builder warrants to the Owner that materials and equipment furnished under the Design-Build
Documents will be of good quality and new unless otherwise required or permitted by the Design-Build Documents,
that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, and that
the Work will conform to the requirements of the Design-Build Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered defective. The
Design-Builder's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by
the Design-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal
usage. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of
materials and equipment. Ten year warranty period to begin following acceptance of the project by the Owner and as
outlined in Section Three of the Technical Proposal dated February 8, 2008.
i A.3.6 TAXES
i A.3.6.1 The Design-Builder shall pay all sales, consumer, use and similar taxes for the Work provided by the
Design-Builder which had been legally enacted on the date of the Agreement, whether or not yet effective or merely
scheduled to go into effect, except for tax savings for materials which may be purchased directly by the Owner,
resulting in a tax savings under Florida law. It is contemplated by the parties thatthe Owner will directly purchase
sufficient material to assure a sales tax~ayings of $282,215.00. The Design- Builder shall make the owner aware of
additional material purchases whif~ Il!~Y generate sales tax savings if purchased directly by the owner.
i A.3.7 PERMITS, FEES AND. NOTICES
i A.3.7.1 The Design-Builder shall secure and pay for building and other permits and governmental fees, licenses and
inspections necessary for the proper execution and completion of the Work which are customarily secured after
execution of the Design-Build Contrj;l~t~d which were legally required on the date the Owner accepted the Design-
Builder's proposal. There will be no fee charged for City of Clearwater building permits.
i A.3.7.2 The Design-Builder~hall comply with and give notices required by laws, ordinances, rules, regulations and
lawful orders of public auth6nties relating to the Project.
~ A.3.7.3 It is the Design-Builder's responsibility to ascertain that the Work is in accordance with applicable laws,
ordinances, codes, rules and regulations.
~ A.3.7.4 If the Design-Builder performs Work contrary to applicable laws, ordinances, codes, rules and regulations,
the Design-Builder shall assume responsibility for such Work and shall bear the costs attributable to correction.
i A.3.8 ALLOWANCES
i A.3.8.1 The Design-Builder shall include in the Contract Sum all allowances stated in the Design-Build
Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the
Owner may direct, but the Design-Builder shall not be required to employ persons or entities to which the Design-
Builder has reasonable objection.
i A.3.8.2 Unless otherwise provided in the Design-Build Documents:
AlA Document A141T1l-2004 Exhibit A. Copyright <<:>2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent pOSSible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1oo0352845_1 which expires on 4/1712009, and is not for resale.
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allowances shall cover the cost to the Design-Builder of materials and equipment delivered at the site
and all required taxes, less applicable trade discounts;
Design-Builder's costs for unloading and handling at the site, labor, installation costs, overhead,
profit and other expenses contemplated for stated allowance amounts shall be included in the
Contract Sum but not in the allowances; and
whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly
by Change Order. The amount of the Change Order shall reflect (1) the difference between actual
costs and the allowances under Section A.3.8.2.! and (2) changes in Design-Builder's costs under
Section A.3.8.2.2.
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t A.3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid
delay in the Work.
t A.3.9 DESIGN-BUILDER'S SCHEDULE
S A.3.9.1 The Design-Builder, promptly after execution of the Design-Build Contract, shall prepare and submit for
the Owner's information the Design-Builder's schedule for the Work. The schedule shall not exceed time limits and
shall be in such detail as required under the Design-Build Documents, shall be revised at appropriate intervals as
required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the
Design-Build Documents, shall provide for expeditious and practicable execution of the Work and shall include
allowances for periods of time required for the Owner's review and for approval of submissions by authorities
having jurisdiction over the Project.
SA.3.9.2 The Design-Builder shall prepare and keep current a schedule of submittals required by the Design-Build
... .. Documents.
t A.3.9.3 The Design-Builder shall perform the Work in general accordance with the most recent schedules
submitted to the Owner.
~A.3.10 DOCUMENTS AND SAMPLES AT THE SITE
t A.3.10.1 The Design-Builder shall maintain at the site for the Owner one record copy of the drawings,
; specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record field
changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data,
Samples and similar required submittals. These shall be delivered to the Owner upon completion of the Work.
tA,3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
t A.3.11.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Design-Builder or it Contractor, Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the
Work.
t A.3.11.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams
and other information furnished by the Design-Builder to illustrate materials or equipment for some portion of the
Work.
t A.3.11.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
t A.3.11.4 Shop Drawings, Product Data, Samples and similar submittals are not Design-Build Documents. The
purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the
Design-Build Documents the way by which the Design-Builder proposes to conform to the Design-Build
Documents.
t A.3.11.5 The Design-Builder shall review for compliance with the Design-Build Documents and approve and
submit to the Owner only those Shop Drawings, Product Data, Samples and similar submittals required by the
Design-Build Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in
the activities of the Owner or of separate contractors.
AlA Document A141 no - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05101/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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f A.3.11.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Design-
Builder represents that the Design-Builder has determined and verified materials, field measurements and field
construction criteria related thereto, or will do so, and has checked and coordinated the information contained within
such submittals with the requirements of the Work and of the Design-Build Documents.
f A.3.12 USE OF SITE
fA.3.12.1 The Design-Builder shall confine operations at the site to areas permitted by law, ordinances, permits and
the Design-Build Documents, and shall not unreasonably encumber the site with materials or equipment.
f A.3.13 CUTTING AND PATCHING
f A.3.13.1 The Design-Builder shall be responsible for cutting, fitting or patching required to complete the Work or
to make its parts fit together properly.
f A.3.13.2 The Design-Builder shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction or by
excavation. The Design-Builder shall not cut or otherwise alter such construction by the Owner or a separate
contractor except with written consent of the Owner and of such separate contractor; such consent shall not be
unreasonably withheld. The Design-Builder shall not unreasonably withhold from the Owner or a separate
contractor the Design-Builder's consent to cutting or otherwise altering the Work.
f A.3.14 CLEANING UP
f A.3.14.1 The Design-Builder shall keep the premises and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Design-Build Contract. At completion of the Work, the Design-
Builder shall remove from and about the Project waste materials, rubbish, the Design-Builder's tools, construction
equipment, machinery and surplus materials.
f A.3.14.2 If the Design-Builderfails to clean up as provided in the Design-Build Documents, the Owner may do so
and the cost thereof shall be c~arged to the Design-Builder.
f A.3.15 ACCESS TO WORK
f A.3.15.1 The Design-Builder shall provide the Owner access to the Work in preparation and progress wherever
located.
f A.3.16 ROYALTIES, PATENTSA~De~PYRIGHTS
f A.3.16.1 The Design-Builder shall pay all royalties and license fees. The Design-Builder shall defend suits or
claims for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account
thereof, but shall not be responsible fQrsuch defense or loss when a particular design, process or product of a
particular manufacturer or manufact~f~ is required or where the copyright violations are contained in drawings,
specifications or other documents prepared by or furnished to the Design-Builder by the Owner. However, if the
Design-Builder has reason to believe that the required design, process or product is an infringement of a copyright or
a patent, the Design-Builder shall be responsible for such loss unless such information is promptly furnished to the
Owner.
f A.3.17 INDEMNIFICATION
fA.3.17.1 To the fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner,
Owner's consultants, and agents and employees of any of them from and against claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work,
provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or to
injury to or destruction of tangible property other than the Work itself, but only to the extent caused by the negligent
acts or omissions of the Design-Builder, Architect, a Contractor, a Subcontractor, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,
abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person
described in this Section A.3.l?
f A.3.17.2 In claims against any person or entity indemnified under this Section A.3.1? by an employee of the
Design-Builder, the Architect, a Contractor, a Subcontractor, anyone directly or indirectly employed by them or
AlA Document A1411U - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
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anyone for whose acts they may be liable, the indemnification obligation under Section A.3.l7.l shall not be limited
by a limitation on amount or type of damages, compensation or benefits payable by or for the Design-Builder, the
Architect or a Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other
employee benefit acts.
ARTICLE A.4 DISPUTE RESOLUTION
I A.4.1 CLAIMS AND DISPUTES
SA.4.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment
or interpretation of Design-Build Contract terms, payment of money, extension of time or other relief with respect to
the terms of the Design-Build Contract. The term "Claim" also includes other disputes and matters in question
between the Owner and Design-Builder arising out of or relating to the Design-Build Contract. Claims must be
initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.
I A.4.1.2 Time Umits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event
giving rise to such Claim or within 21 days after the claimant ftrSt recognizes the condition giving rise to the Claim,
whichever is later. Claims must be initiated by written notice to the other party.
S A.4.1.3 Continuing Perfonnance. Pending final resolution of a Claim, except as otherwise agreed in writing or as
provided in Section A.9.7.1 and Article A14, the Design-Builder shall proceed diligently with performance of the
Design-Build Contract and the Owner shall continue to make payments in accordance with the Design-Build
Documents.
IA.4.1.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1)
subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design-
Build Documents or (2) unknown physical conditions of an unusual nature which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for
in the Design-Build Documents, then the observing party shall give notice to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Owner shall
promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design-
Builder's cost of, or time required for, performance of any part of the Work, shall negotiate with the Design-Builder
an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions
at the site are not materially different fl'9J11 those indicated in the Design-Build Documents and that no change in the
terms of the Design-Build Contract is j#tified, the Owner shall so notify the Design-Builder in writing, stating the
reasons. Claims by the Design~Bui1derin opposition to such determination must be made within 21 days after the
Owner has given notice of the. decision. If the conditions encountered are materially different, the Contract Sum and
Contract Time shall be equitably adjusted, but if the Owner and Design-Builder cannot agree on an adjustment in the
Contract Sum or Contract Time, the adj~stment shall proceed pursuant to Section A4.2.
S A.4.1.5 Claims for Additional Cost. If the Design-Builder wishes to make Claim for an increase in the Contract Sum,
written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or property arising under Section Al 0.6.
S A.4.1.6 If the Design-Builder believes additional cost is involved for reasons including but not limited to (1) an
order by the OwnerJo stop the Work where the Design-Builder was not at fault, (2) a written order for the Work
issued by the Owner, (3) failure of payment by the Owner, (4) termination of the Design-Build Contract by the
Owner, (5) Owner's suspension or (6) other reasonable grounds, Claim shall be filed in accordance with this Section
A.4.1.
S A.4.1.7 Claims for Additional Time
I A.4.1.7.1 If the Design-Builder wishes to make Claim for an increase in the Contract Time, written notice as
provided herein shall be given. The Design-Builder's Claim shall include an estimate of the time and its effect on
the progress of the Work. In the case of a continuing delay, only one Claim is necessary.
S A.4.1.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be
documented by data substantiating that weather conditions were abnormal for the period of time, could not have
been reasonably anticipated and had an adverse effect on the scheduled construction.
Init.
AlA Document A141TU - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2009. and is not for resale.
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5 A.4.1.8Injury or Damage to Person or Property. If either party to the Design-Build Contract suffers injury or damage
to person or property because of an act or omission of the other party or of others for whose acts such party is legally
responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other
party to investigate the matter.
5 A.4.1.9 If unit prices are stated in the Design-Build Documents or subsequently agreed upon, and if quantities
originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so
that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or
Design-Builder, the applicable unit prices shall be equitably adjusted.
5 A.4.1.10 Claims for Consequential Damages. Design-Builder and Owner waive Claims against each other for
consequential damages arising out of or relating to the Design-Build Contract. This mutual waiver includes:
.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the services of
such persons; and
.2 damages incurred by the Design-Builder for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
except anticipated profit arising directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination
in accordance with Article A.14. Nothing contained in this Section A4.1.10 shall be deemed to preclude an award of
liquidated direct damages, when applicable, in accordance with the requirements of the Design-Build Documents.
5 A.4.1.11 If the enactment or revision of codes, laws or regulations or official interpretations which govern the
Project cause an increase or decrease of the Design-Builder's cost of, or time required for, performance of the Work,
the Design-Builder shall be entitled to an equitable adjustment in Contract Sum or Contract Time. If the Owner and
Dl:lSign-Builder cannot agreetipon an adjustment in the Contract Sum or Contract Time, the Design-Builder shall
, submit a Claim pursuant to Section A4.1.
.
5 A.4.2 RESOLUTION OF CLAIMS AND DISPUTES
5 A.4.2.1 Decision by Neutral. If the parties have identified a Neutral in Section 6.1 of the Agreement or elsewhere in
the Design-Build Documents, then Clailns, excluding those arising under Sections AIO.3 through A 10.5, shall be
referred initially to the Neutral for decision. An initial decision by the Neutral shall be required as a condition
precedent to mediation of all Claims between the Owner and Design-Builder arising prior to the date final payment
is due, unless 30 days have passed after the Claim has been referred to the Neutral with no decision having been
rendered by the Neutral. Unless the Neutral and all affected parties agree, the Neutral will not decide disputes
between the Design-Builder and persons or entities other than the Owner.
5 A.4.2.2 Decision by Owner. If the parties have not identified a Neutral in Section 6.1 of the Agreement or elsewhere
in the Design-Build Documents then, except for those claims arising under Sections Al 0.3 and Al 0.5, the Owner
shall provide an initial decision. An initial decision by the Owner shall be required as a condition precedent to
mediation of all Claims between the Owner and Design-Builder arising prior to the date final payment is due, unless
30 days have passed after the Claim has been referred to the Owner with no decision having been rendered by the
Owner.
5 A.4.2.3 The initial decision pursuant to Sections A4.2.1 and A.4.2.2 shall be in writing, shall state the reasons
therefore and shall notify the parties of any change in the Contract Sum or Contract Time or both. The initial
decision shall be final and binding on the parties but subject first to mediation under Section A4.3 and thereafter to
such other dispute resolution methods as provided in Section 6.2 of the Agreement or elsewhere in the Design-Build
Documents.
5 A.4.2.4 In the event of a Claim against the Design-Builder, the Owner may, but is not obligated to, notify the
surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Design-Builder's
default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the
controversy.
.
AlA Document A141 TII _ 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/1712009, and is not for resale.
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t A.4.2.5 If a aaim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in
accordance with applicable law to comply with the lien notice or filing deadlines prior to initial resolution of the
aaim.
t A.U MEDIATION
t A.4.3.1 Any Claim arising out of or related to the Design-Build Contract, except those waived as provided for in
Sections A.4.1.10, A.9.1O.4 and A.9.1O.5, shall, after initial decision of the Claim or 30 days after submission of the
aaim for initial decision, be subject to mediation as a condition precedent to arbitration or the institution of legal or
equitable or other binding dispute resolution proceedings by either party.
S A.4.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect at the time of the mediation. Request for mediation shall be filed in writing with the
other party to the Design-Build Contract and with the American Arbitration Association. The request may be made
concurrently with the filing of a demand for arbitration or other binding dispute resolution proceedings but, in such
event, mediation shall proceed in advance thereof or of legal or equitable proceedings, which shall be stayed
pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of
the parties or court order.
t A.4.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
I (Paragraphs deleted)
( ARTICLE A.5 AWARD OF CONTRACTS
S A.5.1 Unless otherwise stated in the Design-Build Documents or the bidding or proposal requirements, the Design-
Builder, as soon as practicable after award of the Design-Build Contract, shall furnish in writing to the Owner the
names of additional persons or entities not originally included in the Design-Builder's proposal or in substitution of
a person or entity (including those who are to furnish design services or materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. The Owner will promptly reply to the Design-
Builder in writing stating whether or not the Owner has reasonable objection to any such proposed additional person
or entity. Failure of the Owner to reply promptly shall constitute notice of no reasonable objection.
t A.5.2 The Design-Builder shall Jlot coIjtract with a proposed person or entity to whom which the Owner has made
reasonable and timely objection. The Design-Builder shall not be required to contract with anyone to whom the
Design-Builder has made reasonable objection.
tA.5.3 If the Owner has reasoOl:1ble objection to a person or entity proposed by the Design-Builder, the Design-
Builder shall propose another to whom the Owner has no reasonable objection. If the proposed but rejected
additional person or entity was reasonably capable of performing the Work, the Contract Sum and Contract Time
shall be increased or decreast:(i by the difference, if any, occasioned by such change, and an appropriate Change
Order shall be issued before,fo~encement of the substitute person's or entity's Work. However, no increase in the
Contract Sum or Contract Time shall be allowed for such change unless the Design-Builder has acted promptly and
responsively in submitting names as required.
t A.S.4 The Design-Builder shall not change a person or entity previously selected if the Owner makes reasonable
objection to such substitute.
t A.S.S CONTINGENT ASSIGNMENT OF CONTRACTS
t A.5.5.1 Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner provided that:
.1 assignment is effective only after termination ofthe Design-Build Contract by the Owner for cause
pursuant to Section A. 14.2 and only for those agreements which the Owner accepts by notifying the
contractor in writing; and
.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the
Design-Build Contract.
In it.
AlA Document A141T11- 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is not for resale.
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S A.5.5.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Contractor's
compensation shall be equitably adjusted for increases in cost resulting from the suspension.
ARTICLE A.6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
S A.6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
S A.6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own forces and to award separate contracts in connection with other portions of the Project or other construction or
operations on the site. The Design-Builder shall cooperate with the Owner and separate contractors whose work
might interfere with the Design-Builder's Work. If the Design-Builder claims that delay or additional cost is
involved because of such action by the Owner, the Design-Builder shall make such Claim as provided in Section
A.4.1.
S A.6.1.2 The term "separate contractor" shall mean any contractor retained by the Owner pursuant to Section
A.6. 1. 1.
S A.6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate
contractor with the work of the Design-Builder, who shall cooperate with them. The Design-Builder shall participate
with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The
Design-Builder shall make any revisions to the construction schedule deemed necessary after a joint review and
mutual agreement The construction schedules shall then constitute the schedules to be used by the Design-Builder,
separate contractors and the Owner until subsequently revised.
S A.6.2 MUTUAL RESPON$IBILITY
S A.6.2.1 The Design-Builder shall afford the Owner and separate contractors reasonable opportunity for introduction
and storage of their materials and equipment and performance of their activities and shall connect and coordinate the
Design-Builder's construction and operations with theirs as required by the Design-Build Documents.
S A.6.2.2 If part of the Design-Builder's Work depends for proper execution or results upon design, construction or
operations by the Owner ot.a separate contractor, the Design-Builder shall, prior to proceeding with that portion of
the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that would
render it unsuitable for such proper execution and results. Failure of the Design-Builder so to report shall constitute
an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit
and proper to receive the Design-Builder's Work, except as to defects not then reasonably discoverable.
~A.6.2.3 The Owner shall ?ereiinburs~d by the Design-Builder for costs incurred by the Owner which are payable
to a separate contractor because of delays, improperly timed activities or defective construction of the Design-
Builder. The Owner shall be responsible to the Design-Builder for costs incurred by the Design-Builder because of
delays, improperly timed activities, damage to the Work or defective construction of a separate contractor.
S A.6.2.4 The Design-Builder shall promptly remedy damage wrongfully caused by the Design-Builder to completed
or partially completed construction or to property of the Owner or separate contractors.
~ A.6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are
described in Section A.3.I3.
S A.6.3 OWNER'S RIGHT TO CLEAN UP
~ A.6.3.1 If a dispute arises among the Design-Builder, separate contractors and the Owner as to the responsibility
under their respective contracts for maintaining the premises and surrounding area free from waste materials and
rubbish, the Owner may clean up and the Owner shall allocate the cost among those responsible.
ARTICLE A.7 CHANGES IN THE WORK
~ A.7.1 GENERAL
~ A.7.1.1 Changes in the Work may be accomplished after execution of the Design-Build Contract, and without
invalidating the Design-Build Contract, by Change Order or Construction Change Directive, subject to the
limitations stated in this Article A.7 and elsewhere in the Design-Build Documents.
AlA Document A 141 TII - 2004 Exhibit A. Copyright @ 2004 by The American Institute of Architects. All rights reserved. WARNING: Th is AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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S A.7.1.2 A Change Order shall be based upon agreement between the Owner and Design-Builder. A Construction
Change Directive may be issued by the Owner with or without agreement by the Design-Builder.
S A.7.1.3 Changes in the Work shall be performed under applicable provisions of the Design-Build Documents, and
the Design-Builder shall proceed promptly, unless otherwise provided in the Change Order or Construction Change
Directive.
S A.7.2 CHANGE ORDERS
S A.7.2.1 A Change Order is a written instrument signed by the Owner and Design-Builder stating their agreement
upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment, if any, in the Contract Sum; and
.3 the extent of the adjustment, if any, in the Contract Time.
'lA.7.2.2 If the Owner requests a proposal for a change in the Work from the Design-Builder and subsequently elects
not to proceed with the change. a Change Order shall be issued to reimburse the Design-Builder for any costs
incurred for estimating services. design services or preparation of proposed revisions to the Design-Build
Documents.
S A.7.2.3 Methods used in determining adjustments to the Contract Sum may include those listed in Section A.7.3.3.
S A.7.3 CONSTRUCTION CHANGE DIRECTIVES
S A.7.3.1 A Construction Change Directive is a written order signed by the Owner directing a change in the Work
prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by
Construction Change Directive, without invalidating the Design-Build Contract, order changes in the Work within
the general scope of the Design-B uild Documents consisting of additions. deletions or other revisions, the Contract
Sum and Contract Time being adjusted accordingly.
S A.7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
S A.7.3.3 If the Construction Chan~eQire<;tive provides for an adjustment to the Contract Sum. the adjustment shall
be based on one of the following ~e~ocl&:
.1 mutual acceptance of a'lump sum properly itemized and supported by sufficient substantiating data to
permit evaluation;
.2 unit prices stated in the Design-Build Documents or subsequently agreed upon, or equitably adjusted
as provided in S~ctio~pt4.1.9;
.3 cost to be de~m:uIl:ed in. a manner agreed upon by the parties and a mutually acceptable fixed or
percentage feer~r
.4 as provided in Section A.7.3.6.
S A.7.3.4 Upon receipt of a Construction Change Directive, the Design-Builder shall promptly proceed with the
change in the Work involved and advise the Owner of the Design-Builder's agreement or disagreement with the
method, if any. provided in the Construction Change Directive for determining the proposed adjustment in the
Contract Sum or Contract Time.
S A.7.3.5 A Construction Change Directive signed by the Design-Builder indicates the agreement of the Design-
Builder therewith, including adjustment in Contract Sum and Contract Time or the method for determining them.
Such agreement shall be effective immediately and shall be recorded as a Change Order.
S A.7.3.6 If the Design-Builder does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the method and the adjustment shall be determined by the Owner on the basis of reasonable
expenditures and savings of those performing the Work attributable to the change, including, in case of an increase
in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section A.7.3.3.3,
the Design-Builder shall keep and present, in such form as the Owner may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise provided in the Design-Build Documents, costs for the
purposes of this Section A.7.3.6 shall be limited to the following:
AlA Document A141 TM - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1000352845_1 which expires on 4/1712009. and is not for resale.
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additional costs of professional services;
costs of labor, including social security, old age and unemployment insurance, fringe benefits
required by agreement or custom, and workers' compensation insurance;
costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design-
Builder or others;
costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to
the Work; and
additional costs of supervision and field office personnel directly attributable to the change.
.3
.4
.5
.6
S A.7.3.7 The amount of credit to be allowed by the Design-Builder to the Owner for a deletion or change that results
in a net decrease in the Contract Sum shall be actual net cost. When both additions and credits covering related
Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of
net increase, if any, with respect to that change.
S A.7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, amounts not
in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change
Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in
dispute, the Owner shall make an interim determination for purposes of monthly payment for those costs. That
determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of the
Design-Builder to disagree .and assert a Claim in accordance with Article A4.
S A.7.3.9 When the Owner and Design-Builder reach agreement concerning the adjustments in the Contract Sum and
Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately
and shall be recorded by preparation and execution of an appropriate Change Order.
S A.7.4 MINOR CHANGES INtHE WORK
S A.7.4.1 The Owner shall have authority to order minor changes in the Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Design-Build
Documents. Such changes shall be effected by written order and shall be binding on the Design-Builder. The
Design-Builder shall carry out such written orders promptly.
ARTICLE A.8 TIME
S A.8.1 DEFINITIONS
S A.8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted
in the Design-Build Documents for Su\;>stantial Completion of the Work.
S A.8.1.2 The date of commencement of the Work shall be the date stated in the Agreement unless provision is made
for the date to be fixed in anotice to proceed issued by the Owner.
S A.8.1.3 The date of Substantial Completion is the date determined by the Owner in accordance with Section A9.8.
S A.8.1.4 The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise
specifically defined.
S A.8.2 PROGRESS AND COMPLETION
S A.8.2.1 Time limits stated in the Design-Build Documents are of the essence of the Design-Build Contract. By
executing the Design-Build Contract, the Design-Builder confirms that the Contract Time is a reasonable period for
performing the Work.
S A.8.2.2 The Design-Builder shall not knowingly, except by agreement or instruction of the Owner in writing,
prematurely commence construction operations on the site or elsewhere prior to the effective date of insurance
required by Article All to be furnished by the Design-Builder and Owner. The date of commencement of the Work
shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the
Design-Build Documents or a notice to proceed given by the Owner, the Design-Builder shall notify the Owner in
Init.
AlA Document A141 TM - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of It,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
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writing not less than five days or other agreed period before commencing the Work to pennit the timely filing of
mortgages, mechanic's liens and other security interests.
S A.8.2.3 The Design-Builder shall proceed expeditiously with adequate forces and shall achieve Substantial
Completion within the Contract Time.
S A.8.3 DELAYS AND EXTENSIONS OF TIME
S A.8.3.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by an act or
neglect of the Owner or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by
labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design-Builder's
control, or by delay authorized by the Owner pending resolution of disputes pursuant to the Design-Build
Documents, or by other causes which the Owner determines may justify delay, then the Contract Time shall be
extended by Change Order for such reasonable time as the Owner may detennine.
S A.8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section A.4.1.7.
S A.8.3.3 This Section A.8.3 does not preclude recovery of damages for delay by either party under other provisions
of the Design-Build Documents.
ARTICLE A.9 PAYMENTS AND COMPLETION
S A.9.1 CONTRACT SUM
S A.9.1.1 The Contract Sum is stated in the Design-Build Documents and, including authorized adjustments, is the
total amount payable by the Qwner to the Design-Builder for performance of the Work under the Design-Build
Documents.
S A.9.2 SCHEDULE OF VALUES
S A.9.2.1 Before the first Application for Payment, where the Contract Sum is based upon a Stipulated Sum or the
Cost of the Work plus Con~c:tor's Fee with a Guaranteed Maximum Price, the Design-Builder shall submit to the
Owner an initial schedule of values allocated to various portions of the Work prepared in such form and supported
by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the Design-Builder's Applications for Payment. The schedule of values may
be updated periodically to reflect chan~~~ij.n the allocation of the Contract Sum.
S A.9.3 APPLICATIONS FOR PAYMENT ....
S A.9.3.1 At least ten days before the date established for each progress payment, the Design-Builder shall submit to
the Owner an itemized Application for Payment for operations completed in accordance with the current schedule of
values. Such application shall be n~tar~ed, if required, and supported by such data substantiating the Design-
Builder's right to payment as the Ownef:may require, such as copies of requisitions from Contractors and material
suppliers, and reflecting retainage if ptovided for in the Design-Build Documents:
S A.9.3.1.1 As provided in Section A.7.3.8, such applications may include requests for payment on account of
Changes in the Work which have been properly authorized by Construction Change Directives but are not yet
included in Change Orders.
S A.9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Design-
Builder does not intend to pay to a Contractor or material supplier or other parties providing services for the Design-
Builder, unless such Work has been performed by others whom the Design-Builder intends to pay.
S A.9.3.2 Unless otherwise provided in the Design-Build Documents, payments shall be made on account of
materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If
approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off
the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be
conditioned upon compliance by the Design-Builder with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest and shall include the costs
of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site.
AlA Document A141TM - 2004 Exhibit A. Copyright @2oo4byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maxImum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.1000352845_1 which expires on 4/17/2009, and is not for resale.
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S A.9.3.3 The Design-Builder warrants that title to all Work other than Instruments of Service covered by an
Application for Payment will pass to the Owner no later than the time of payment. The Design-Builder further
warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been
previously issued and payments received from the Owner shall, to the best of the Design-B uilder' s knowledge,
information and belief, be free and clear of liens, Claims, security interests or encumbrances in favor of the Design-
Builder, Contractors, Subcontractors, material suppliers, or other persons or entities making a claim by reason of
having provided labor, materials and equipment relating to the Work.
S A.9.4 ACKNOWLEDGEMENT OF APPLICATION FOR PAYMENT
S A.9.4.1 The Owner shall, within seven days after receipt of the Design-Builder's Application for Payment, issue to
the Design-Builder a written acknowledgement of receipt of the Design-Builder's Application for Payment
indicating the amount the Owner has determined to be properly due and, if applicable, the reasons for withholding
payment in whole or in part.
S A.9.S DECISIONS TO WITHHOLD PAYMENT
S A.9.5.1 The Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect the
Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Application
for Payment or that the quality of Work is not in accordance with the Design-Build Documents. The Owner may
also withhold a payment or, because of subsequently discovered evidence, may nullify the whole or a part of an
Application for Payment previously issued to such extent as may be necessary to protect the Owner from loss for
which the Design-Builder is responsible, including loss resulting from acts and omissions, because of the following:
.1 defective Work not remedied;
.2 third-party claims filed or reasonable evidence indicating probable filing of such claims unless
security acceptable to the Owner is provided by the Design-Builder;
.3 failure of the Design-Builder to make payments properly to Contractors or for design services labor,
materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5 damage to the Owner or a separate contractor;
.6 reasonable evidence that the Work will not be completed within the Contract Time and that the
unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
or
.7 persistent failure to carry out the Work in accordance with the Design-Build Documents.
S A.9.5.2 When the above reasons for withholding payment are removed, payment will be made for amounts
previously withheld.
SA.9.6 PROGRESS PAYMENTS
S A.9.6.1 After the Owner has issued a written acknowledgement of receipt of the Design-Builder's Application for
Payment, the Owner shalllllakepayment of the amount, in the manner and within the time provided in the Design-
Build Documents.
S A.9.6.2 The Design-Builde:r~hall promptly pay the Architect, each design professional and other consultants
retained directly by the Design-Builder, upon receipt of payment from the Owner, out of the amount paid to the
Design-Builder on account of each such party's respective portion of the Work, the amount to which each such party
is entitled.
S A.9.6.3 The Design-Builder shall promptly pay each Contractor, upon receipt of payment from the Owner, out of
the amount paid to the Design-Builder on account of such Contractor's portion of the Work, the amount to which
said Contractor is entitled, reflecting percentages actually retained from payments to the Design-Builder on account
of the Contractor's portion of the Work. The Design-Builder shall, by appropriate agreement with each Contractor,
require each Contractor to make payments to Subcontractors in a similar manner.
S A.9.6.4 The Owner shall have no obligation to payor to see to the payment of money to a Contractor except as may
otherwise be required by law.
S A.9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections A.9.6.3 and
A.9.6.4.
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AlA Document A141'M - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA1JJ Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
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5 A.9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner, shall not constitute
acceptance of Work not in accordance with the Design-Build Documents.
5 A.9.6.7 Unless the Design-Builder provides the Owner with a payment bond in the full penal sum of the Contract
Sum, payments received by the Design-Builder for Work properly performed by Contractors and suppliers shall be
held by the Design-Builder for those Contractors or suppliers who performed Work or furnished materials, or both,
under contract with the Design-Builder for which payment was made by the Owner. Nothing contained herein shall
require money to be placed in a separate account and not be commingled with money of the Design-Builder, shall
create any fiduciary liability or tort liability on the part of the Design-Builder for breach of trust or shall entitle any
person or entity to an award of punitive damages against the Design-Builder for breach of the requirements of this
provision.
5 A.9.7 FAILURE OF PAYMENT
5 A.9.7.1 If for reasons other than those enumerated in Section A.9.5.1, the Owner does not issue a payment within
the time period required by Section 5.1.3 of the Agreement, then the Design-Builder may, upon seven additional
days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The
Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the
Design-Builder's reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Design-Build
Documents.
5 A.9.8 SUBSTANTIAL COMPLETION
5 A.9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion
thereof is sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or
use the Work or a portion thereof for its intended use.
5 A.9.8.2 When the Design-Builder considers that the Work, or a portion thereof which the Owner agrees to accept
separately, is substantially complete, the Design-Builder shall prepare and submit to the Owner a comprehensive list
of items to be completed or.corrected prior to final payment Failure to include an item on such list does not alter the
responsibility of the Design-Builder to complete all Work in accordance with the Design-Build Documents.
5 A.9.8.3 Upon receipt of the Design-B~~der' s list, the Owner shall make an inspection to determine whether the
Work or designated portion thereof issupstantially complete. If the Owner's inspection discloses any item, whether
or not included on the Design-Builder'slist, which is not substantially complete, the Design-Builder shall complete
or correct such item. In such case, the Design-Builder shall then submit a request for another inspection by the
Owner to determine whether the Design-Builder's Work is substantially complete.
5 A.9.8.4 In the event of a dispute regarding whether the Design-Builder's Work is substantially complete, the
dispute shall be resolved pursuant to Article A,4.
5 A.9.8.S When the Work or designated portion thereof is substantially complete, the Design-Builder shall prepare
for the Owner's signature an Acknowledgement of Substantial Completion which, when signed by the Owner, shall
establish (1) the date of Substantial Completion of the Work, (2) responsibilities between the Owner and Design-
Builder for security, maintenance, heat, utilities, damage to the Work and insurance, and (3) the time within which
the Design-Builder shall finish all items on the list accompanying the Acknowledgement. When the Owner's
inspection discloses that the Work or a designated portion thereof is substantially complete, the Owner shall sign the
Acknowledgement of Substantial Completion. Warranties required by the Design-Build Documents shall commence
on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the
Acknowledgement of Substantial Completion.
~ A.9.8.6 Upon execution of the Acknowledgement of Substantial Completion and consent of surety, if any, the
Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be
adjusted for Work that is incomplete or not in accordance with the requirements of the Design-Build Documents.
~ A.9.9 PARTIAL OCCUPANCY OR USE
~ A.9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when
such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is
AlA Document A141 n. - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/0t/2oo8 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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consented to by the insurer, if so required by the insurer, and authorized by public authorities having jurisdiction
over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete,
provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for
payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have
agreed in writing concerning the period for completion or correction of the Work and commencement of warranties
required by the Design-Build Documents. When the Design-Builder considers a portion substantially complete, the
Design-Builder shall prepare and submit a list to the Owner as provided under Section A.9.8.2. Consent of the
Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the
Work shall be determined by written agreement between the Owner and Design-Builder.
S A.9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder shall jointly inspect the
area to be occupied or portion of the Work to be used to determine and record the condition of the Work.
S A.9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not
constitute acceptance of Work not complying with the requirements of the Design-Build Documents.
S A.9.10 FINAL COMPLETION AND FINAL PAYMENT
S A.9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt
of a final Application for Payment, the Owner shall promptly make such inspection and, when the Owner finds the
Work acceptable under the Design-Build Documents and fully performed, the Owner shall, subject to Section
A.9.1O.2, promptly make final payment to the Design-Builder.
S A.9.10.2 Neither fmal payment nor any remaining retained percentage will become due until the Design-Builder
submits to the Owner (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less
amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Design-Build Documents to remain in force after final payment is currently in effect and will not be
cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written
statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover
the period required by the Design-Build Documents, (4) consent of surety, if any, to final payment, and (5) if
required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interc::sts or encumbrances arising out of the Design-Build Contract, to the extent
and in such form as may be designatedpy the Owner. If a Contractor refuses to furnish a release or waiver required
by the Owner, the Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against
such lien. If such lien remains unsatisfied after payments are made, the Design-Builder shall refund to the Owner all
money that the Owner may be liable to pay in connection with the discharge of such lien, including all costs and
reasonable attorneys' fees.
S A.9.10.3 If, after the Owner deterntines that the Design-Builder's Work or designated portion thereof is
substantially completed, final completion thereof is materially delayed through no fault of the Design-Builder or by
issuance of a Change Order or a Construction Change Directive affecting final completion, the Owner shall, upon
application by the Design~~ui1der, make payment of the balance due for that portion of the Work fully completed
and accepted. If the retIlllimng balance for Work not fully completed or corrected is less than retainage stipulated in
the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the
balance due for that portion of the Work fully completed and accepted shall be submitted by the Design-Builder.
Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
~ A.9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Design-Build Documents and
unsettled;
.2 failure of the Work to comply with the requirements of the Design-Build Documents; or
.3 terms of special warranties required by the Design-Build Documents.
~ A.9.10.5 Acceptance of final payment by the Design-Builder, a Contractor or material supplier shall constitute a
waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at
the time of final Application for Payment.
Init.
AlA Document A 141 ™ - 2004 Exhibit A. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
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ARTICLE A.10 PROTECTION OF PERSONS AND PROPERTY
5 A.10.1 SAFETY PRECAUTIONS AND PROGRAMS
5 A.10.1.1 The Design-Builder shall be responsible for initiating and maintaining all safety precautions and programs
in connection with the performance of the Design-Build Contract.
5 A.10.2 SAFETY OF PERSONS AND PROPERTY
5 A.10.2.1 The Design-Builder shall take reasonable precautions for safety of, and shall provide reasonable protection
to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site
or under the care, custody or control of the Design-Builder or the Design-Builder's Contractors or
Subcontractors; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
5 A.10.2.2 The Design-Builder shall give notices and comply with applicable laws, ordinances, rules, regulations and
lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury
or loss.
5 A.10.2.3 The Design-Builder shall erect and maintain, as required by existing conditions and performance of the
Design-Build Documents, reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and
utilities.
5 A.10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are
necessary for execution of the Work, the Design-Builder shall exercise utmost care and carry on such activities
under supervision of properly qualified personnel.
5 A.10.2.5 The Design-Build~r shall promptly remedy damage and loss (other than damage or loss insured under
property insurance requiredby the Desi~-Build Documents) to property referred to in Sections AI0.2.1.2 and
AlO.2.1.3 causedin~hole or in part b~:pte Design-Builder, the Architect, a Contractor, a Subcontractor, or anyone
directly or indirectly employed byanYQf them or by anyone for whose acts they may be liable and for which the
Design-Builder is responsible under Sections AlO.2.1.2 and A.10.2.1.3, except damage or loss attributable to acts or
omissions of the Owner or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the
Owner may be liable, and not attributal:!le to the fault or negligence of the Design-Builder. The foregoing obligations
of the Design-Builder are in addition to'the Design-Builder's obligations under Section A3.17.
5 A.10.2.6 The Design-Builder shall designate in writing to the Owner a responsible individual whose duty shall be
the prevention of accidents.
5 A.10.2.7 The Design-Builder shall not load or permit any part of the construction or site to be loaded so as to
endanger its safety.
5 A.10.3 HAZARDOU~. MATERIALS
5 A.10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),
encountered on the site by the Design-Builder, the Design-Builder shall, upon recognizing the condition,
immediately stop Work in the affected area and report the condition to the Owner.
5 A.10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the
material or substance reported by the Design-Builder and, in the event such material or substance is found to be
present, to verify that it has been rendered harmless. Unless otherwise required by the Design-Build Documents, the
Owner shall furnish in writing to the Design-Builder the names and qualifications of persons or entities who are to
perform tests verifying the presence or absence of such material or substance or who are to perform the task of
removal or safe containment of such material or substance. The Design-Builder shall promptly reply to the Owner in
AlA Document A141'M - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No.l000352845_1 which expires on 4/17/2009, and is not for resale.
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writing stating whether or not the Design-Builder has reasonable objection to the persons or entities proposed by the
Owner. If the Design-Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose
another to whom the Design-Builder has no reasonable objection. When the material or substance has been rendered
harmless, work in the affected area shall resume upon written agreement of the Owner and Design-Builder. The
Contract Time shall be extended appropriately, and the Contract Sum shall be increased in the amount of the
Design-Builder's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be
accomplished as provided in Article A 7.
~ A.10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design-Builder,
Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of any of them from
and against Claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or
resulting from performance of the Work in the affected area if in fact the material or substance exists on site as of
the date of the Agreement, is not disclosed in the Design-Build Documents and presents the risk of bodily injury or
death as described in Section A 10.3.1 and has not been rendered harmless, provided that such Claim, damage, loss
or expense is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible
property (other than the WorkitselO to the extent that such damage, loss or expense is not due to the negligence of
the Design-Builder, Contractors, Subcontractors, Architect, Architect's consultants and the agents and employees of
any of them.
~A.10.4 The Owner shall not be responsible under Section AIO.3 for materials and substances brought to the site by
the Design-Builder unless such materials or substances were required by the Design-Build Documents.
~ A.10.5 If, without negligepc~~h the part of the Design-Builder, the Design-Builder is held liable for the cost of
remediation of a hazard01,l;~marerial or substance solely by reason of performing Work as required by the Design-
Build Documents, the Owner shall indemnify the Design-Builder for all cost and expense thereby incurred.
~ A.10.6 EMERGENCIES
~ A.10.6.1 In an emergency affecting safety of persons or property, the Design-Builder shall act, at the Design-
Builder's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time
claimed by the Design-Builder on account of an emergency shall be determined as provided in Section A4.1.7 and
Article A.7.
ARTICLE A.11 INSURANCE AND BO~[)S.See Exhibit "c"
(Paragraphs deleted)
~ A.11.5 PERFORMANC.E~()ND AND PAYMENT BOND
~ A.11.5.1 The O\yp~rshaJ1.,~~Yc;: the right to require the Design-Builder to furnish bonds covering faithful
performance oftheB~~iR~tBuild Contract and payment of obligations arising thereunder, including payment to
design professionalsepgagetiby or on behalf of the Design-Builder, as stipulated in bidding requirements or
specifically required in the Agreement or elsewhere in the Design-Build Documents on the date of execution of the
Design-Build Contract.
ARTICLE A.12 UNCOVERING AND CORRECTION OF WORK
~ A.12.1 UNCOVERING OF WORK
~ A.12.1.1 If a portion of the Work is covered contrary to requirements specifically expressed in the Design-Build
Documents, it must be uncovered for the Owner's examination and be replaced at the Design-Builder's expense
without change in the Contract Time.
~ A.12.1.2 If a portion of the Work has been covered which the Owner has not specifically requested to examine prior
to its being covered, the Owner may request to see such Work and it shall be uncovered by the Design-Builder. If
such Work is in accordance with the Design-Build Documents, costs of uncovering and replacement shall, by
appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Design-Build
AlA Document A14FM -2004 Exhibit A. Copyright @2oo4byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA'll Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAf!) Document, or any portion ol.lt,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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Documents, correction shall be at the Design-Builder's expense unless the condition was caused by the Owner or a
separate contractor, in which event the Owner shall be responsible for payment of such costs.
1 A.12.2 CORRECTION OF WORK
t A.12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION.
t A.12.2.1.1 The Design-Builder shall promptly correct Work rejected by the Owner or failing to conform to the
requirements of the Design-Build Documents, whether discovered before or after Substantial Completion and
whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional
testing, shall be at the Design-Builder's expense.
t A.12.2.2 AFTER SUBSTANTIAL COMPLETION
t A.12.2.2.1 In addition to the Design-Builder's obligations under Section A.3.5, if, within one year after the date of
Substantial Completion or after the date for commencement of warranties established under Section A.9.8.5 or by
terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found to be not
in accordance with the requirements ofthe Design-Build Documents, the Design-Builder shall correct it promptly
after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a
written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition.
During the one-year period for correction of Work, if the Owner fails to notify the Design-Builder and give the
Design-Builder an opportunity to make the correction, the Owner waives the rights to require correction by the
Design-Builder and to make a claim for breach of warranty. If the Design-Builder fails to correct non-conforming
Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in
accordance with Section A.2.5.
t A.12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the actual
performance of the Work.
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1 A.12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the
Design-Builder pursuant to this Section A.12.2.
.. .1 A.12.2.3 The Design-Builder shall remove from the site portions of the Work which are not in accordance with the
requirements of the Design-Build Doc~ents and are neither corrected by the Design-Builder nor accepted by the
Owner. .
1 A.12.2.4 The Design-Builder shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the Owner or separate contractors caused by the Design-Builder's correction or
removal of Work which is not in accordance with the requirements of the Design-Build Documents.
t A.12.2.5 Nothing contained in this Section A.12.2 shall be construed to establish a period of limitation with respect
to other obligations the Design-Builder might have under the Design-Build Documents. Establishment of the one-
year period for correction of Work as described in Section A.12.2.2 relates only to the specific obligation of the
Design-Builder to correct the Work, and has no relationship to the time within which the obligation to comply with
the Design-Build Documents may be sought to be enforced, nor to the time within which proceedings may be
commenced to establish the Design-Builder's liability with respect to the Design-Builder's obligations other than
specifically to correct the Work.
t A.12.3 ACCEPTANCE OF NONCONFORMING WORK
1 A.12.3.1 If the Owner prefers to accept Work not in accordance with the requirements of the Design-Build
Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum
will be equitably adjusted by Change Order. Such adjustment shall be effected whether or not final payment has
been made.
ARTICLE A.13 MISCELLANEOUS PROVISIONS
t A.13.1 GOVERNING LAW
t A.13.1.1 The Design-Build Contract shall be governed by the law of the place where the Project is located.
.
AlA Document A141 TM - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AlA" Document, or any portion 01 it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1000352845_1 which expires on 4/1712009, and is not for resale.
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S A.13.2 SUCCESSORS AND ASSIGNS
S A.13.2.1 The Owner and Design-Builder respectively bind themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other
party in respect to covenants, agreements and obligations contained in the Design-Build Documents. Except as
provided in Section AI3.2.2, neither party to the Design-Build Contract shall assign the Design-Build Contract as a
whole without written consent of the other. If either party attempts to make such an assignment without such
consent, that party shall nevertheless remain legally responsible for all obligations under the Design-Build Contract.
S A.13.2.2 The Owner may, without consent of the Design-Builder, assign the Design-Build Contract to an
institutional lender providing construction financing for the Project. In such event, the lender shall assume the
Owner's rights and obligations under the Design-Build Documents. The Design-Builder shall execute all consents
reasonably required to facilitate such assignment.
S A.13.3 WRITTEN NOTICE
S A.13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a
member of the fann or entity or to an officer of the corporation for which it was intended, or if sent by registered or
certified mail to the last business address known to the party giving notice.
S A.13.4 RIGHTS AND REMEDIES
S A.13.4.1 Duties and obligations imposed by the Design-Build Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed
or available by law.
S A.13.4.2 No action or failure to act by the Owner or Design-Builder shall constitute a waiver of a right or duty
afforded them under the Design-Build Documents, nor shall such action or failure to act constitute approval of or
acquiescence in a breach therel1I1der, except as may be specifically agreed in writing.
S A.13.5 TESTS AND INSPECTIONS
S A.13.5.1 Tests, inspections and approvals of portions of the Work required by the Design-B uild Documents or by
laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate
time. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and
approvals with an independent testing!~bpratory or entity acceptable to the Owner or with the appropriate public
authority, and shall bear all relatec:leosts of tests, inspections and approvals. The Design-Builder shall give timely
notice of when and where tests artdin$pections are to be made so that the Owner may be present for such
procedures.
S A.13.5.2 If the Owner or public aUtho,,9ties having jurisdiction determine that portions of the Work require
additional testing, inspection or appr~v,al not included under Section AI3.5.1, the Owner shall in writing instruct the
Design-Builder to make arrangementSfor such additional testing, inspection or approval by an entity acceptable to
the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections
are to be made so that the Owner may be present for such procedures. Such costs, except as provided in Section
Al3.5.3, shall be at the Owner's expense.
S A.13.5.3 If such procedures for testing, inspection or approval under Sections A13.5.1 and Al3.5.2 reveal failure
of the portions of the Work to comply with requirements established by the Design-Build Documents, all costs made
necessary by such failure, including those ofrepeated procedures, shall be at the Design-Builder's expense.
S A.13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Design-
Build Documents, be secured by the Design-Builder and promptly delivered to the Owner.
S A.13.5.5 If the Owner is to observe tests, inspections or approvals required by the Design-Build Documents, the
Owner will do so promptly and, where practicable, at the normal place of testing.
S A.13.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid
unreasonable delay in the Work.
AI.A Document A141 TM - 2004 Exhibit A. Copyright @2004 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
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t A.13.6 COMMENCEMENT OF STATUTORY UMIT ATION PERIOD
t A.13.6.1 As between the Owner and Design-B uilder:
.1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of
Substantial Completion, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in any and all events not later than such date of
Substantial Completion;
.2 Between Substantial Completion and Final Application for Payment. As to acts or failures to act
occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final
Application for Payment, any applicable statute of limitations shall commence to run and any alleged
cause of action shall be deemed to have accrued in any and all events not later than the date of
issuance of the final Application for Payment; and
.3 After Final Application for Payment. As to acts or failures to act occurring after the relevant date
of issuance of the final Application for Payment, any applicable statute of limitations shall commence
to run and any alleged cause of action shall be deemed to have accrued in any and all events not later
than the date of any act or failure to act by the Design-Builder pursuant to any Warranty provided
under Section A.3.5, the date of any correction of the Work or failure to correct the Work by the
Design-Builder under Section A12.2, or the date of actual commission of any other act or failure to
perform any duty or obligation by the Design-Builder or Owner, whichever occurs last.
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ARTICLE A.14 TERMINATION OR SUSPENSION OF THE DESIGN/BUILD CONTRACT
t A.14.1 TERMINATION BY THE DESIGN-BUILDER
t A.14.1.1 The Design-Builder may terminate the Design-Build Contract if the Work is stopped for a period of 30
consecutive days through no act or fault of the Design-Builder or a Contractor, Subcontractor or their agents or
employees or any other persons or entities performing portions of the Work under direct or indirect contract with the
Design-Builder, for any of the following reasons:
.1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to
be stopped;
.2 an act of government, such as a declaration of national emergency which requires all Work to be
stopped;
.3 the Owner has failed to make payment to the Design-Builder in accordance with the Design-Build
Documents; or
.4 the Owner has failed to ~~sh to the Design-Builder promptly, upon the Design-Builder's request,
reasonable evidence asr~Uired by Section A2.2.8.
t A.14.1.2 The Design-Builder may terminate the Design-Build Contract if, through no act or fault of the Design-
Builder or a Contractor, Subcontractor or their agents or employees or any other persons or entities performing
portions of the Work under direct or inqirect contract with the Design-Builder, repeated suspensions, delays or
interruptions of the entire Work by the Owner, as described in Section AI4.3, constitute in the aggregate more than
100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is
less.
t A.14.1.3 If one of the reasons described in Sections AI4.1.1 or A.14.1.2 exists, the Design-Builder may, upon
seven days' written notice to the Owner, terminate the Design-Build Contract and recover from the Owner payment
for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and
machinery, including reasonable overhead, profit and damages.
t A.14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder or
a Contractor or their agents or employees or any other persons performing portions of the Work under a direct or
indirect contract with the Design-Builder because the Owner has persistently failed to fulfill the Owner's obligations
under the Design-Build Documents with respect to matters important to the progress of the Work, the Design-
Builder may, upon seven additional days' written notice to the Owner, terminate the Design-Build Contract and
recover from the Owner as provided in Section A14.1.3.
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~ A.14.2 TERMINATION BY THE OWNER FOR CAUSE
~ A.14.2.1 The Owner may terminate the Design-Build Contract if the Design-Builder:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials;
AlA Document A141 '" - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
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.2 fails to make payment to Contractors for services, materials or labor in accordance with the respective
agreements between the Design-Builder and the Architect and Contractors;
.3 persistently disregards laws, ordinances or rules, regulations or orders of a public authority having
jurisdiction; or
.4 otherwise is guilty of substantial breach of a provision of the Design-Build Documents.
~ A.14.2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of
the Owner and after giving the Design-Builder and the Design-Builder's surety, if any, seven days' written notice,
terminate employment of the Design-Builder and may, subject to any prior rights of the surety:
.1 take possession of the site 'and of all materials, Blf'llipRtBR' t8~_ ~8tFUllti8R lllfUipRtllRt BRli
RtBslliRNY tll8Fl!8R 8".\'RBil19y tAB Ql!Ioi!R 8ttilller; ~ 1'/flt'1.
.2 accept assignment of contracts pursuant to Section A5.5.1; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the
Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs
incurred by the Owner in finishing the Work.
~A.14.2.3 When the Owner terminates the Design-Build Contract for one of the reasons stated in Section AI4.2.1,
the Design-Builder shall not be entitled to receive further payment until the Work is finished.
~ A.14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred
by the Owner and not expressly waived, such excess shall be paid to the Design-Builder. If such costs and damages
exceed the unpaid balance, the Design-Builder shall pay the difference to the Owner.
~ A.14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE
~. A.14.3.1 The Owner may, without cause, order the Design-Builder in writing to suspend, delay or interrupt the
Work in whole or in part for such period of time as the Owner may determine.
~ A.14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by
suspension, delay or interruption as described in Section AI4.3.1. Adjustment of the Contract Sum shall include
profit. No adjustment shall be made to the extent:
.1 that performance is, was or would have been so suspended, delayed or interrupted by another cause
for which the Design-Builder is responsible; or
.2 that an equitable adjustnl~nt is made or denied under another provision of the Design-Build Contract.
~ A.14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
~ A.14.4.1 The Owner may, at any time, terminate the Design-Build Contract for the Owner's convenience and
without cause.
~ A.14.4.2 Upon receipt of writtenriotice from the Owner of such termination for the Owner's convenience, the
Design-Builder shall:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work;
and
.3 except for Work directed to be performed prior to the effective date of termination stated in the
notice, terminate all existing contracts and purchase orders and enter into no further contracts and
purchase orders.
~ A.14.4.3 In the event of termination for the Owner's convenience prior to commencement of construction, the
Design-Builder shall be entitled to receive payment for design services performed, costs incurred by reason of such
termination and reasonable overhead and profit on design services not completed. In case of termination for the
Owner's convenience after commencement of construction, the Design-Builder shall be entitled to receive payment
for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on
the Work not executed.
AlA Document A141™ - 2004 Exhibit A. Copyright @2oo4byTheAmerican Institute of Architects. All rights reserved. WARNING: This AlA'" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it,
may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:52:45 on 05/01/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes:
28
"""'7
.
.
Additions and Deletions Report for
AlA" Document A 141 1M - 2004 Exhibit A
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from
the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text.
Note: This Additions and Deletions Report Is provided for information purposes only and Is not incorporated into or constitute any
part of the associated AlA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AlA software at 09:52:45 on 05101/2008.
PAGE 1
Clearwater Downtown Boat Slios
Coachman Park at Cleveland Street.
City of Oearwater
100 S. Myrtle Avenue
Clearwater. FL 33756
(Name and location)
Misener Marine Construction
,5600 West Commerce Street
Tampa. FL 33616
PAGE 6
.
.1 Determinetbatthe documents or submittals are in conformance with the Design-Build Documents
and approve them.themwithin 21 dayS from date of receipt bv Owner.
PAGE 10
~ A.3.5.1 The Design-Builder warrants to the Owner that materials and equipment furnished under the Design-Build
Oocuments will be of good quality and new unless otherwise required or permitted by the Design-Build Documents,
that the Work will be free from defects not inherent in the quality required or permitted by law or otherwise, and that
the Work will conform to the requirements of the Design-Build Documents. Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered defective. The
Design~Builder's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by
the Qesign-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal
usage. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of
materials and equipment. Ten year warranty period to begin following acceotance of the proiect bv the Owner and as
outlined in Section Three of the Technical Proposal dated February 8. 2008.
~A.3.6.1 The Design-Builder shall pay all sales, consumer, use and similar taxes for the Work provided by the
Design-Builder which had been legally enacted on the date of the Agreement, whether or not yet effective or merely
scheduled to go into ~ffect, exceot for tax savings for materials which may be purchased directly bv the
Owner. resulting in a tax savings under Florida law. It is contemplated by the parties thatthe Owner will directly
purchase sufficient material to assure a sales tax savings of $282,215.00. The Design- Builder shall make the owner
aware of additional material purchases which may generate sales tax savings if ourchased directly by the owner.
Additions and Deletions Report for AlA Document A141 TII - 2004 ExhIbit A. CopyrIght @2oo4 by The American institute of Architects. Ail rights
reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 1
of this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:52:45 on 05/01/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is nOI*. .. .
for resale.
User Notes: (746148196)
.
.
.
t A.3.7.1 The Design-Builder shall secure and pay for building and other permits and governmental fees, licenses and
inspections necessary for the proper execution and completion of the Work which are customarily secured after
execution of the Design-Build Contract and which were legally required on the date the Owner accepted the Design-
Builder's proposal. There will be no fee char2ed for City of Qearwater buildin2 Dermits.
PAGE 15
S ....4.4 '-'iUlI:rR.~.TION
S .~4.4.1 Claims, exe. these '.Vai'/ell as previllell fer iR SeetiaRs A.<1.l.l9, 1'..9.10.4 aRllA.9.19.3, far 'lllHeh iRitial
lleeisieRs Rave Ret lI_elRe fiRal &RlllliRlliRg, aall whieh have Ret lIeeR Feselvell hy IRelliatieR hat 'IAlieR are sal:ljeet
ta aFIlit:FatieR pl:lfSa&Rt te SestieRs fi.2 aall fi.J af the .".gRlemeRt er else':Alere iR the DeSigR Builll DeslllReRts, shall
he lleeillell hy aFIlitFBtieR wmeh, IImess the parties lRytually agree ethefwise, shall he iR aeeaftlaRse ,,'lith the
CoostAlGtiaR lnElustfy .\ElIitfatieR Rilles ef the AlReASaR 1'A'bik'atieR AssaeiatiaR s\H'FeaHy ia effest at the tilRe ef
the llliJitFatieR. The EleHlaRll far arhitFatiea shall he filell iR '.witiag '.\lith the ether party te the DesigR Bailll Ceatfast
aRd with the .".IReAeae .\FhitFatiaR Assesiatiea.
S 'q4.4.21'. demand fer aFIlitfatiea ma-y he made Re earlier than eaaeY.FFeaHy with the filiag af a reElllest fer
lRediatieR, hat iR Re e'JeBt shall it he lRaEIe after the Elate ':Alea iastit1:ltiea ef legal er eElyitele pf9seediags hased eR
SQsR QailR weald he haned hy the 8Jlplieahle stamte eflilRitatieas as deterlRiRedpl:H"slIaat te SeetieR A1J.fi.
S .~4.4.3 f.n llliJitFatiaR p\If&\:IftIH te this SeetieR .'\.. <1. <1 lRay he jeiRed 'J:ith aR ar1:likatieR iR'lel'liRg eelRHlaR isslles af
la':: er fasthep:.'eeR the Owaer er Desiga Builder &Rd any perseR er eatity ':/ith 'l.'BeHl the OWBer er Desiga Builaer
.eas a seRkaelYalehligatieR te aFhitfate 9ispates wBiee €lees Ret preeillit eeaseliElatisR sr jeiRder. Ms ether
arhitratieR arising eat af er relatiag ts the Desiga Baild CeatfaGt seall iaehille, 1:Iy seRselillatieR, jeiRder sr ia aRY
ether maF.Rer, aR a4l1itieaalpefSsR sr eRtity Ret a party te the Desiga Bllild Ceat:rast ar Rat a paRy te aa agreelReat
with the O'JlRer er DesigR Builller, eXGept hy vJfitteR seaseat seataiaiag a speeifis refereaee te tAe DesigRBl:lilll
CeRtraet sigaed hy the O'lmer and Desiga Bl:lilller aRd aay ether persaR er eatities saagat te he jeiRed. Caaseat te
arhitratieR ia'lebiRg aR additieRalperseR sr eatity sRall Ret seastitute eaRBeat te arhit:ratiea af aRY slailR, displ:lte sr
ather matter ia EftiestieR Ret Elessrilled iR the WAlteR seRseRt er with a perseR sr eRtily Rat RalRed sr dessrihed
theFeiR. The fefegaieg agf.eeHleat te ar\;J~tfate aad ather agreelReRts te arbit:rate '.vith aa additiaaalpef&aR ar eatity
daly seRseRted te lIy the parties tStReAgreemeRt seall he spesif.isally eRfarseable ia aesamanse witA applieahle
1&':: iR aRY sel:H"t eaviag jYrisGistisR1gefeaf.
S '-4.4.4 ClailAs aRd TllAelylAseFtioR of ClailAs. Tee party filiag a aatise ef demaRd fer afbitfatieR lRast assert iR the
deHlBRd all ClailRS thea kn?\vR telR~party a8 'l:eisR arhitfatieR is permitted ta be llelRaaded.
S 'q4.UJudglAeRt OR FiRaIA;..vaFd~ THe awaFEl reRllered hy the arbikatar ar afbitratafs seall he H8al, aaa jl:lllglReRt
lRay he eatered l:lpe8 it iR. aeserdaRse 'l:ith 8Jlplisahle law ia any eel:lrt eaviag jYrisllistie8 thereef.
ARTICLE A.5 AWARD OF CONTRACTS
PAGE 24
ARTICLE A.11 INSURANCE AND BONDS See Exhibit "C"
S A,11.1 Exeept as lRay etflerwise be set fertft ia the .".greeIR8Rt ar elsewhere ia the Desiga Bl:liM De6HlReRtB, the
O'>>Rer aRll Desig8 Bl:lilller shallpareease aad Hlaiatai8 the fellev:iRg types af iRSl:lraaee with limits af liability aREt
Etedl:lstible alRaHRts aad sal:ljeet ta saee tefIRS aad saRditiaas, as set farth iR this f ...1:iele f.. 1 1.
~ 1>_11.2 DiSIGN ElUILDiR'S L1AElILITY INSURANCi
~ ~..11.2.1 The DesigR Bl:lilder shallpl:H"ehase fr.em aalllRaiRtaiR iR a eampaay ar 6elBfJaaies lawfl:llly aHtAerized to
da Bl:lsiReSS ia the jlH"isdietieR ia whieh the Prajeet is leeatell slleh iasl:lraaee as willpF8teet the DeBigR Bl:liMer from
Additions and Deletions Report for AlA Document A141T11- 2004 Exhibit A. Copyright @2004 by The American Institute of Architects. All rights
reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 2
of this AlA'" Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2.0. 09, and.~iS no.t .
for resale.
User Notes: (746148196)
.
slaiR18 set faFYl&:lelaw d1at RlllY arise allt af ar R!lSYlt fl:e1R the I)esigR 911i1l1er's apeFlHiaRs 8RlIer ~e DesigR 98illl
CaRRet anll far .JJkish the l>esiga 911i1l1er may &:Ie legally liele, wIleYier sash aperaaaRs be &:Iy dle DesigR B8HEler,
&:If a CaRReter ar &:Iy MyaRe lIiFestly ar iRElifeetly efRIJlayeEl&:ly MY af YieIR, ar &:Iy aRyaRe far vAlase asts aRY af
SheIR JR&Y &:Ie lia&:lle:
.1 slaiIRs IIRlIer warMFS' SafRIJeRsal:iaR, disa&:lility &:IeRefit aREI atAer similar elRfllayee &:IeRefit asts '.vhish
are 8I'plisal:lle te ~e '}fark ta&:le perfaHReEl;
.2 slaiRlS far ElafRages &:Iesallse af &:Iadily iRjary, aeelll'atiaRal siskAess ar disease, ar lIea~ af the DesigR
98i1l1er's eIRplayees;
.3 slaiRlS far Elamages &:Iesause af &:Iadily injary, sislmess ar Elisease, ar Eleath af aRY persaR adler dlaR
Yie Desigs 9l1ilEler's eIRplayees;
.4 slaiRlS fer damages iRSYFeEl&:ly lISaal peFSaRal iRjary lial:lility sa'/eFage;
.5 slaiIRs far lIafRllges, atAer dlaR te dle WaFk itself, &:Ieeause af injary ta ar ElestrustiaR af taRgil:lle
prapelty, inel8diRg lass af IIse resllltiag YieR!lfFeIR;
.& slailBS far Elamages &:Iesallse af &:Iadily iRjary, lIeath af a persaR ar pFallerty damage ariSiRg a8t af
a'.'!JReFShip, maiRteRaRSe ar IIse af a IRater 'lehisle;
.7 slaiR18 far &:Iadily iRjary ar praperty lIamage aASiRg aat af salRflleteEl aperaaaRs; aREI
.8 slaiIRs iRvelviRg saRtfaetaallial:lility iRSllf&Rse 8flpUsal:lle te the DesigR B 8ilEler' s abligatiaRs 8Rder
SeSgaR 1'..J.17.
S A.11.2.2 'The iRsUflHlse Fe'lU:iFeEl&:ly SeSgaR A,11.2.1 shall &:Ie 'mtteR far Hat less thM lilRits af lia&:lility speeifteEl iR
the I)esigH 9mlEl DaelHReBts ar feElaiFeEl&:ly law, whishe'!er ea'lerage is ~eater. Ca,.'erages, ':Alether 'NrilleR aR aR
aSSYffeHSe ar slaiR18 IR8Ele &:I&&is, shall &:Ie fRaiHtaiHeEl '.'JiYiaat iRteFFllfltiaH fFaIR lIate af SaHmleHeelReRt af the Wark
IImil lIate af fiRall'aymeat aRII teHRiaatiaR af MY sayerage R!I'lU:ireEl ta &:Ie maiotaiReEl after Baal pllJffieRt.
.
S A.11.2.3 Ceftifisates af iRsBfaRee aeeepta&:lle ta the aWHer &hall &:Ie filed '.':ith the a'l:Rer priar ta eafRfReRSemeRt af
tlle WaFk. These seFtifieates aRd the iRsllf&Rse paUsies reElmFed&:ly ~is SeSgaR A,11.2 shall saRtaiR a pf9YisieR that
sa':emges affardedlWler die I'alisies will Rat be saneeled ar allaweEl te eXjlire aRm at least 3Q days' flriar '.\'fitteR
Ratisehas eeeR gi':eR ta the a'jIBeF. If aRY af the faMgaiRg iRSlH'llftee eayerages are ret:}aireEl te FeHlaiR iR feree after
fiaal paymeat aREllIfe rea6aaaely availaele, an 8Elditiaaal eeftifieate evideasiag eaRtiR8atiea af sash eaveFage shall
ee sa9mitted ']Jidl She fiaal.^.ppUsatiaa far PaymeHt as MElaiR!ldey SestiaR .^..9.19.2. IRfefRl8liaR saRseFRiRg
redastiaR af saverage aR aesaaRt af M".'isedliRlits ar slaims paid aHder the GeReral .^.ggregate, er bath, shall ee
f1:ll'Rishedey tile DesigR Bailder ':.lith fEla~lilRaBle pFeIRpmess iR assafElaRee with the DesigR :aailEler's iRfefRlatioR
sElbelief.
S '..11.1 OWN&R'S LlABILR'Y INSUR.~NC&
S '..11.1.1 The aVIBer &hallee FespaRsil:lle fer }ll:H"shasiRg aREI maiRtaiRiRg the aWRer's I:lsaalliability iRS\UaRSe.
S .'11.4 PROP&RTY INSURANC&
S A.11.4.1 Ualess athefwise pra\iaell,tIle aWRer shall p\H'shase anll maiRtalR, i8 a GeffitJaRY ar eaffitJaRies lawfully
. aatharizeEl ta lie busiRess. iR the jarislliGtiaR iR 'JAtish tile Pi"ejest is lasateEl, pFaperty iRS\;lraRSe 'NritteR a8 a bailder's
risk, "all risk" ar eEfUiwHeRtp~liey raflll iR the afRel:lHt af tile initial CaRtfast Sam, plas the ';alae af s\:ll:!seElY0Rt
DesigR :aailll CaRtfast meEl~fi.eatiaRs aRlil sast ef HlateFials s8ppl:i.elil ar iRstallelil by athers, eaffitJrisiRg tatal vall:le fer
tile eRtire Prejest at tile site l3~arelllasemeHt sast &:Iasis YJitllaat eptiaRalliledaelibles. Sash pF9perty iRSaFaRSe shall
Be HHHHtaiRell, I:lRless atheri'.ise pra..<iEleel iH tile DesigB 9YilEl DaeymeHts ar atluw,vise agreeEl iR .....ritiRg by all
persaRs &nil e8lities 'JAla are heRefieiaries af sl:leh iRS\H'8RGe, alHil BRal. paymeat has beeR made as flf9v-ided iR
SeebeR .:'..9.10 ar 8RtHRa pefSaR ar eRlity ether thy tile aWBilr has BR iRs\H'lWle iRterest i8 the flreperty rellaired by
this SeebeR .\.11.4 ta 913 savered, whiehever is later. This iRSI:lF8Ree shall iRelalle iRterests af tile aWReT, DesigR
:amlder, Ce8traetsFs aRlil SabeaRtraetars iR the Prejest.
S A.11.4.1.1 Property iRSI:lFaRee shall be aR 8R "all risk" Sf ellaiyaleRt peliey fefRl aRd shall iRclYde, withOl:lt
lifRitatiaR, iRSI:lFaR6e agai8st the perils af fire ('lAth exteREled sa..'erage) aRd flhysisalloss or damage iReladiRg,
'}:itheat EluplieatieR af sa'.'eFage, theft, '/aRdalisIR, IRalisiaas misehier, eall8flse, earthquake, need, wiRdstorm,
falsewaFk, tesliRg aREI startlll', temparary BaillliRgs BREI ElehFis Femaval, iRslaEliRg lilemolitieR aeeasiaRed by
eRfereemeRt af 88Y applieable legal FeEluiremeRts, aRII &hall eaver MasaRlWle sempeFlsatioR fur DesigR Builder's
seryiees aREI eXfleRses FeElaiFell as a resalt af sash mSI:lFeEllass.
.
Additions and Deletions Report for AlA Document A141n1 - 2004 Exhibit A. Copyright @2oo4byThe American Institute of Architects. All rights
reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 3
of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:52:45 on 05/01/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and ~iS not ...
for resale.
User Notes: (746148196)
e
.
.
SA 11.4.1.2 If die OWRer Elaes Bet iateaEl te pllfellase sush prepe~ iasuranse N'IUH=eEl hy the Desiga BlIilEl Caalfaet
aBEI widi all af die sa':erages ia die lURauat de8WN ea\'e, the Owaer sh&l.l sa iafarm the Desiga Bailder ia
..eag pnar ta seHHReBeelReat af die WeFk. The Desige BailEler may thea eff'eet iasuraase diat ':AU prateet the
iRterests af the Desiga :RlIilEler, CaRt:FaetefS lIBEl SuesaRwstafS ia die WaFk, &Bll, 1:Iy appf8pFiate Change Omer, the
sast thereaf shall he shargeEl te die O'.\lRer. If the DesigR :RlIilder is ElamageEl1:ly die faihw ar aegleet af the Owaer
ta purehase ar maiaW:iR iRSarBaee IHl EleseFi1:leEl eave withallt sa RatifyiRg the DesigR BailEler ia writiag, dieR the
O'}Jfl8r shall1:lear all relHlaaahle sasts pf8perly aHFi1:luktl:Jle theRlte.
S .\.11.4.1.3 If the prepefty iasl:JF8Rse RlEfYH=eS Eledaebllles, the Owaer shall pay sasts Bet sayereEl hesaase af sllsh
EleElusbllles.
S ~ 11.4.1.4 This pf8pe~ iBsYfaBse shall sa':er paRiaas af the Wark staFeEl af( die site &REI alsa partiaRs af die
Wark ia tFaB8it.
S A.11.4.1.S Partial aesupaBsy ar lI&e iB aesaFElanse with Sestiaa /'..9.9 shall Bet saRHBease lHItil the iasllfaaee
sampaoy ar sampaaies pf81AEliag pf8peRr ias\IfBase hw/e eaaseateEl te sush partial assllp&Rsy ar ase, hy
eRElafSelReat ar 9tReFVAse. The Owaer aBEI the DesigR Builder shall take Nasaaal:lle steps ta ebW:ia saaseRt af the
iaslJAHlse samp&&y ar eampanies anEl shall, withal:lt IRYtuaI ':!fittea eaaseat, take ae astiea w.ith respeat te partial
assllplHl6Y ar I:lse that waYlEl e&l:lse sansellatiaa, lapse ar reeuetiaa af iRslIfaase.
S ....11.4.2 Beil.r lAd MIShiA'FY IA.WAlAS.. Tke O"\lRer shall pllfeha&e aaEl maiaW:ia 1:Iailer BREI mashiaery iasllfBllee
NEfYH:ec:l1:ly the DeRgR :RailEl DasulReats ar hy la.::, whish sh&l.l spesifisally saver syeh iasareEl al:ljests lIaFiag
insmUatiaa Mc:I YRt:H fiaal aseepta:Bse 1:1)' the O.....lRer; this iasuranse shall iRelyEle iateFests af the Owaer, Desiga
BYilEler, CaRt:FaaleFS anEl SueeaatFastefS ia tae W.erk, anEl die OVlBer BREI Desiga BailEler shall1:le HaIRed iasareas.
SA 11.4.3 Leaa ef Ua.IA8WFaAC8. The O\\lRer, at the O?Jfler's aptiaa, may paFGRaSe aaElmaiatHa sash iaslH'aAee as
will iaSYfe the OWBer agaiast lass af use af the OWRer's prapeFty lIae ta fiN ar adier kazarEl8, ha':Jeyer sal:lseEl. Tke
O'.'Jfler '}.'aives all FigMs af Betiaa agaiast the DesigR :Rl:lilder, Arehiteet, the Desiga BYilEier's ather Elesiga
pf8fessiaaals, if MY, CaBlHstafS BREI Sa1:leaRtAletafS far lass af use af tae OWfler's prapeRr, iaslyEliag
eaase'lueatiallasses lIae te HFe ar ather hHaAis, hawever eauseEl.
! ~.~ 11.4.4 If die DeRga BYilEler FeEfYests in '::ritiag that ias\IfBaee fer risks adier thaa thase EiessFi1:leEl heRlia ar ather
speeial e&l:lses af lass 1:Ie iaslaEleEl ia the prepeFty iasuranee paliey, tae OWfler shall, if passihle, iaelaEle saeh
iRSaFaRSe, anEl die east thereaf slJaII he eRaFgeEl te tae Desiga BailEler by apprapriate ChaRge ONer.
! A..11.4.51f EiHt..ng the Pfejeet eaastmetiaa penaEl the OV:fler iaSYfes praperties, r1ilalar pefSaRalar 1:Iath, at ar
aajaeeRt te die site1:ly prape~' iasllfailee aaEler palleies sepaFate gam thase iasl:lRRg the ~ajest, ar if after fiRal
paymeat pEape~ iasuFaRee is te hepfeviEleEl aa die sampleteEl Pfejest thFal:lgh a peliey ar palisies adier thaR taase
iasl:lriag the Pfejest EII:lriRg the saastrl:lstiaR peAaEl, die OWRer shall waive all rights iR assarElaRse with the terms ef
Seetiaa .^..11.<1.7 far Eiamages s&l:lseEl1:ly fiNar ather eBl:l&es aflass sayefeEl by this separate pf8pe~ iaS\JfaRee. .^Jl
sepBfale palisies shall pra'liae this wai...er af sYllf8gatiaa hy eaElarselReat ar 13ther...:ise.
S A.11.U BereEe aa e~as\JFe te lass HIIlJ asew, the O'.'laer shall file with the DssigR BBilEler a sapy af eash fleliey
that iasIaEles ia&QFaRse ea\'eFages N'IBiNEl1:Iy tais SestiaR 1'..11. <1. gaeh peliey shall saRtaiR all geRerally aflfllieable
saRaitiaas, EiefiBitieas, exelYSieas aaEl eRllarsemeats relateEl te this Prejest. gBeh flaliey shall saRtaiR a praYisiaR
that the peliey '.wn Rat 1:Ie saIleeleElar alla'.'Jed ta e~iRl ana that its lilRits willa13t 1:Ie reEll:leNI:lRtil at least 30 aays'
prier '.witteR aatiee hlHl1:leea givea te the Desiga BYilEler.
! A.11.4.7 Waw.F6 ef SwbFegatieRo The OO>>Rer aREI DesigR BailEler waiye all rights agaiRst eBeh ather aRa BRY af their
eaRsaltaBts, sepafate eaRa-aeters ElessAbea ia SestiaR AJi.1, if allY, CaRlfaeters, SBbeeRlfaetars, ageRts aRd
emplayees, easR af the ether, BREI any af their saRlfaetafs, sYlleaRa-~etafS, ageRts aAd emplayees, fer damages
eal:lsec:l1:ly fH'-tl ar ather e&l:lses af less te the exteRt sa'lereEl by flr9flerty iasaraRoe ebtaiReEl fll:lrSl:laRt te this SeetieR
A.ll. <1 ar ather prapeHy ias\JfaRse applieahle ta tae Wark, exsept saeh rights as they haye ta preseeds af sash
iRsur-anee hela 1:1)' the O.....aer as fialleiary. The OWRer ar DesigR Bailder, as ltflflreflriate, shall Fe'laire af the seflafate
eaRlfasters c:leseriBea iR SeetiaR .^..fi.l, if any, BRa the CaRtraetafS, SUBsaRa-aetars, ageats BaEl empleyees €If aRY ef
tRem, by aflpreflriate agFeemeats, ...:fittea v:her1illegally re'lBir1ilc:l fer 'lalidity, similar .....ai.'ers eaeh iR favor ef ether
parties eaamerateEl hereia. The pelieies shall praville saah waivefS af saBragatiaa by eRaarsemeRt er etherwise. f.
Additions and Deletions Report for AlA Document A141 TU - 2004 Exhibit A. Copyright @2oo4 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 4
of this A1A<II Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:52:45 on 05101/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not
tr::~:~, (7"'~
.
wai'fer af slIluagaliaR sIIalllJe effeeti':e as ta a pefSaR ar eRg~ e'leR Uta. that persaR ar eRg~ 'liallll:l athern'ise
ka'/e a EIti~ af iRl:IeHIRifie&tiaR, eaMFaetllal. af a~ef\'Jise, eveR ~aagk ~e pefSeR ar eRtily l:Iil:l Rat pay the iRSI:lfllRee
pAlmi\HR l:IiI'eetly ar iREliFeetly, anl:l VJae~er ar Rat die pefSaR ar eRtily haEl an iRsaralJle iRterest iR tAe preperty
ElamageEl.
S ,\.11.4.8 .\ lass iRSllFel:l \:HlEler OWRer's pfapei'ty iR&lIRHIee sIIalllJe al:ljllstel:llJy ~e O'Niter as fil:llleiary anl:lHJaEle
payaIJle te ~e OWRer as fiElaeiary far ~e iR6l1Fel:lS, as tReil' iRtefests !Ray appear, slllJjeet te FeEjllifelReRts of aRY
applie&IJle IR9ftgagee el8llse aRl:I af SeeHaR ."..11.4.1 Q. The DesigR Baill:lef sRallpay CaRkaetafS tReir jll&t saares af
in6l1f&Ree pfgeeeEls reeeivel:llJy ~e Desiga BlIill:ler, Mll, lJy llppf9pR&te agreelReRls, VlritteR ,-,,;here legally reEJUirel:l
far yalil:lity, sHall reEjllire CaR&:aetefS ta make p~eRts ta theil' S~eeRtraetafS iR similar RHlIlRer.
S A,11.4.8 If reEJail'el:l ill '.-If'itiRg lJy a party in iRteFe6t, die O'.-mer as fiElaeiary sRall. lIflaR aeSlIlHRee af M iRsllrel:l
loss, give lJaREl far pf9pef perfOfRlaRee af the O'.-mer's Elaties. The east af FeEJUiI'el:lllaREls saaU lie ehar-gel:l agaiRst
pfgeeeEls ,eeepfel:l as fiEltieillfY. The O'.veer sR&lll:lepesit iR a sepllf'&te seeellRlpreeeeEls sa reeeivel:l, '.-;hieh the
OWBer sRaII Elisb'ihllte ill aeeaAJaRee 'JAth saea agFee!ReRt as die parties iR iRteFest may reseh. If after slleh lass Ra
a~er speeial agfeelReRt is 818Ele anl:laRless tRe O'J.'Rer tel'RlintMs tAe DesigR BlIill:l CaRtfaet far eewleRieRee,
Fefllaei!lHlElRt af Elamagel:l prapefty shall lie perfermeEllJy the DesigR BlIilEler after RatitiealiaR of a ChaRge iR the
Wark iR aeeaF6aRee with },,:1iele .\..1.
S .\.11.4,10 The O'lJfl8l' 86 fillllsiary saal:l Rave pa'.ver te aEljll8t aRl:IseWe a lass '.vitA iR&1:lI'efS aRless aRe afthe parties
iR iRtefest shall alJjeet in wfitiRg withiR five Elays after aeSlIfFeRSe af less te tRe Ovmer's exereise af this pa'lier.;
The O\'mer as filllleiary sRall, ill ~e ease af a EleeisiaR ar ll':lafd, make SeWS!ReRt ...JiHi iRSlIFefS iR seear6Mee with
ElireetiaRs af a EleeisiaR ar awanl. If Elistrillat:i.aR af iR!MlfllRee pfgeeeEls lly afili&:atiaR is reEjaifeEl. Hie arllitratars will
EliFeet saea l:Iistl'HN8aR.
SA..11.5 PERFORMANCE BOND AND PAYMENT BOND
.
.
Additions and Deletions Report for AlA Document A141T11 - 2004 Exhibit A. Copyright CC> 2004 by The American Institute of Architects. All rights
reserved. WARNING: This AlAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 5
of this AlA" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:52:45 on 05101/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and..~'S not .. ..
for resale.
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'.:'iAIX Document A14f' - 2004 Exhibit C
Insurance and Bonds
for the following PROJECT:
(Name and location or address)
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Reportthat notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
artorney is encouraged with respect
to its completion or modification.
Consultation with an attorney is also
encouraged with respect to
professional licensing requirements
in the jurisdiction where the Project
is located.
Clearwater Downtown Boat Slips
Coachman Park at Cleveland Street.
THE OWNER:
(Name and address)
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
THE DESIGN-BUILDER:
(Name and address)
Misener Marine Construction
5600 West Commerce Street
Tampa, FL 33616
AlA Document A141 nI - 2004 Exhibit C. Copyright @2oo4 by The American Institute ot Architects. All rights reserved. W ARN"NG: This AlA" Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" DocUlr.nt, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA soltware at 09:58:04 on 04/29/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (3553111885)
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ARTICLE C.1
The Design-Builder shall provide policies of liability insurance as required by the Design-Build Documents, or as
follows:
(!:i'pecij)' changes, if any, to the requirements of the Design-Build Documents, andfor each type of insurance identify
applicable limits and deductible amounts.)
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being
performed and furnished and as will provide protection from claims set forth below which may arise out of or result
from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract
Documents, whether it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose act,
any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other
similar employee benefit acts; (ii) Claims for damages because of bodily injury, occupational sickness or disease, or
death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of
any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury
liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the
employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages,
other than to the Work itself, because of injury to or destruction of tangible property wherever located, including
loss of use resulting there from; and (vi) Claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver
to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is
required to purchase and maintain in accordance with this paragraph. The policies of insurance so required by this
paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary
exclusion in respect of professional liability ) City of Clearwater and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as additional insured, and include coverage for the respective
officers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include
contractual liability insurance covering Contractor's indemnity obligations in Article for Contractor's
Responsibilities; (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor
and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain
in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or
replacing defective Work in accordance with Article for Correction of Defective Work; (vi) with respect to
completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in effect
for at least two years after final payment. Contractor shall furnish Owner and each other additional insured identified
in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner
and any such additional insured, of continuation of such insurance at final payment and one year thereafter and (vii)
Name and telephone number of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required shall provide coverage for not less than the following amounts or
greater where required by laws and regulations:
WORKER'S COMPENSATION INSURANCE
Contract Award Amount Contract Award Amount
Under $1,000,000. $1,000,000. and Over
( I) Workers' Compensation Statutory Statutory
(2) Employer's Liability $500,000. 51,000,000.
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property
Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property
Dama e; and Personal In'ur liabilities:
(l) Bodily Injury:
Contract Award Amount
Under $1,000,000.
$500,000. Each Occurrence
$1,000,000. Annual A e ate
$500,000. Each Occurrence
Contract Award Amount
$1,000,000. and Over
$1,000,000. Each Occurrence
51,000,000. Annual A re ate
$1,000,000. Each Occurrence
(2) Property Damage:
AlA Document A141 1M - 2004 Exhibit C. Copyright @2004byThe American Institute of Architects. All rights reserved. WARNING; This AlA' Docum~nt
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or any portion 01 it,
may resuit in severe civii and criminai penaities, and wiii be prosecuted to the maximum extent possibie under the law. This document was produced
by AlA software at 09;58;04 on 04/29/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes:
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(3) Personal Injury, with
employment exclusion deleted
$1,000,000. Annual A e ate
$1,000,000. Annual Aggregate
$1,000,000. Annual A e ate
$1,000,000. Annual Aggregate
AlA Document A141 TII - 2004 Exhibit C. Copyright @2004byTheAmerican Institute ot Architects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAn DocLlment, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:58:04 on 04/29/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not tor resale.
User Notes: (3553111885)
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COMPREHENSIVE AUTOMOBILE LIABILITY
ludmg all owned (private and others), hired and non-owned vehicles:
Contract Award Amount Contract Award Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Prooertv Damage $500,000. Each Occurrence $1,000,000. Each Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other similar document does
not constitute acceptance or approval of amounts or types of coverages, which may be less than required by these
Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to
protect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy
of the Contractor" s Insurance Policy(s). All insurance policies required within this Contract Document shall provide
full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without
prior approval from the Owner.
Longshore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 D.S.C. 932, requires an
employer, with employees in maritime employment, to secure the payment of benefits under the Act either by
insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S.
Department of Labor as a self-insurer.
For General Contractors: Section 4( a) of the Act provides that every employer shall be liable for and shall secure
the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an
employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the
contractor be liable for and be required to secure the payment of compensation.
WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner,
Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the
Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary
coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions
to the effect that in the event of payment of any loss or danlage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights against each other and
their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or
resulting from any of the perils covered by such policies and any other property insurance applicable to the work;
and, in addition, waive all such rights against Sub-contractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In
addition, Owner waives all rights against Contractor, Subcontractors, Engineer, Engineer's Consultant and the
officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other
consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by,
arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii) loss or damage to the
completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by
any property insurance maintained on the completed Project or part thereof by Owner during partial utilization, after
substantial completion or after final payment.
ARTICLE C.2
The Design-Builder shall provide surety bonds as follows:
(SpeciJv type and penal sum of bonds.)
Penal Sum ($ 0.00)
$10,522,765.05
Type
Contractor shall furnish a Performance and
Payment Bond, in an amount at least equal to the
Contract Price as security for the faithful
performance and payment of all Contractor's
obligations under the Contract Documents. All
bonds shall be in the format outlined in Exhibit
AlA Document A141 110 - 2004 ExhIbit C. CopyrIght @2004 by The American Institute of ArcMects. All rights reserved. WARNING: This AlA" Document
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA~' Document, or any portion of II,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced
by AlA software at 09:58:04 on 04/29/2008 under Order No. 1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes: (3553111885)
4
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B. This bond shall remain in effect at least one
year after the date when final payment becomes
due, unless a longer period of time is prescribed
by laws and regulations or by the Contract
Documents. Contractor shall also furnish such
other Bonds as are required by the
Supplementary Conditions. All Bonds shall be in
the form prescribed by the Contract Documents
and shall be executed by such sureties as are
named in the current list of "Companies Holding
Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570
(amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury
Department. All bonds signed by an agent must
be accompanied by a certified copy of such
agents' authority to act. All bonds shall be
deemed to contain all of the Conditions of
Section 255.05, Florida Statutes, even if such
language is not directly contained within the
bond and the Surety shall be licensed and
qualified to do business in the State of Florida.
The Owner reserves the right to reject any surety.
If the Surety on any Bond furnished by the
Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated
in any state where any part of the Project is
located or it ceases to meet the requirements of
these Contract Documents, the Contractor shall
within flve days after notice thereof substitute
another Bond and surety, both of which must be
acceptable to the Owner.
~ C.2.1 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment
of obligations arising under the Agreement, the Design-Builder shall promptly furnish a copy of the bonds or shall
permit a copy to be made.
AlA Document A141 111 - 2004 Exhibit C. Copyright @2004 by The American Institute of Architects. All rIghts reserved. WARNING: This AlA" Dor..ument
Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA" Document, or any portion ot it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documenf was produced
by AlA software at 09:58:04 on 04/29/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not for resale.
User Notes:
5
(355'" """} ~
.
Additions and Deletions Report for
AIA@ Document A14(M - 2004 ExhibitC
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from
the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AlA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AlA software at 09:58:04 on 04129/2008.
PAGE 1
Clearwater Downtown Boat Slips
Coachman Park at Cleveland Street.
Citv of Clearwater
100 S. Mvrtle Avenue
Clearwater, FL 33756
(Name and address)
e
Misener Marine Construction
5600 West Commerce Street
Tampa, FL 33616
PAGE 2
The OWHer aHa Design-Builder shall provide policies of liability insurance as required by the Design-Build
Documents, or as follows:
(Specify changes, if any, to the requirements of the Design-Build Documents, and for each type of insurance identih'
applicable limits and deductible amounts.)
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being
performed and furnished and as will provide protection from claims set forth below which may arise out of or result
from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract
Documents. whether it is to be performed or furnished bv Contractor. and Subcontractor or Supplier. or bv anyone
directly or indirectly employed bv any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other
similar employee benefit acts; (ii) Claims for damages because of bodily injury, occupational sickness or disease, or
death of Contractor's employees; (iji) Claims for damages because of bodily injury, sickness or disease, or death of
any person other than Contractor's emolovees: (iv) Claims for damages insured bv customary personal injury
liability coverage which are sustained bv any person as a result of an offense directly or indirectly related to the
emoloyment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages.
other than to the Work itself, because of injury to or destruction of tangible property wherever located, including
loss of use resultilll! there from: and (vi) Claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership. maintenance or use of any motor vehicle. The Contractor shall deliver
to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance reQuested bv Owner or any other additional insured) which Contractor is
reauired to purchase and maintain in accordance with this paragraph. The policies of insurance so reauired bv this
paragraph to be purchased and maintained shall; (i) include as additional insured (subject to any customary
.
Additions and Deletions Report for AlA Document A141 T1I - 2004 Exhibit C. Copyright @2oo4 by The American Inst~ute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Trealles. Unauthorized reproduction or distribution 1
of this AlA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:58:04 on 04/29/2008 under Order NO.1 000352845_1 which expires on 4/17/2009, and is not
for resale.
User Notes: (3553111885)
.:7
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.
exclusion in respect of professionalliabilitv) City of Clearwater and any other persons or entities identified in the
Supplementary Conditions. all of whom shall be listed as additional insured, and include coverage for the respective
officers and employees of all such additional insures: Iii) include completed operations insurance: (iii) include
contractualliabili tv insurance covering Contractor's indemnity obligations in Article for Contractor' s
Responsibilities: (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor
and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has
been issued (and the certificates of insurance furnished bv the Contractor as described in this paragraph); (v) remain
in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or
replacing defective Work in accordance with Article for Correction of Defective Work: (vi) with respect to
completed operations insurance. and any insurance coverage written on a claims-made basis. shall remain in effect
for at least two years after final payment. Contractor shall furnish Owner and each other additional insured identitied
in the Supplementarv Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner
and any such additional insured. of continuation of such insurance at final payment and one year thereafter and (vii)
Name and telephone number of the authorized insurance agent for the Insurer.
The limits of liability for the insurance reauired shall provide coverage for not less than the following amounts or
greater where reauired bv laws and rel!ulations:
WORKER'S COMPENSATION INSURANCE
Contract A ward Amount Contract Award Amount
Under $1.000.000. $1.000.000. and Over
(I) Workers' Comnensation StatutorY Statutorv
(2) Emnlover's Liabilitv $500,000. $1.000,000.
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
ComPrehensive General Liability includinl! Premise/Onerations: Explosion. Collapse and Underl!round Property
Damal!e: Products/Completed Operations. Broad Form Contractual. Independent Contractors: Broad Form Property
Dama e' and Personal In'ur liabilities:
(J) Bodily Injury:
Contract Award Amount
Under $1.000.000.
$500,000. Each Occurrence
$1,000,000. Annual Al!l!fegate
$500,000. Each Occurrence
I 000 000. Annual A e ate
$1.000,000. Annual Agl!fegate
Contract Award Amount
$1.000.000. and Over
$1.000,000. Each Occurrence
$1 000 000. Annual A re ate
$1.000,000. Each Occurrence
$1 000000. Annual A re ate
$1.000.000. Annual Agl!fegate
(2) Prooertv Damage:
(3) Personal Iniury, with
em 10 ment exclusion deleted
Additions and Deletions Report for AlA Document A141 T1l - 2004 Exhibit C. Copyright @2oo4 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution
of this AlA" Document. or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:58:04 on 04/29/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not
for resale.
User Notes:
2
(3553111885)
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includinl> all owned (nrivate and others). hired and non-owned vehicles:
.. Contract Award Amount Contract Award Amount
. Under $1.000,000. $1.000.000. and Over
.. (1) Bodily Iniury $500,000. Each Person $1.000,000. Each Person
$500.000. Each Accident $1.000.000. Each Accident
(2) Pronertv Damal!e $500.000. Each Occurrence $1.000.000. Each Occurrence
COMPREHENSIVE AUTOMOBILE LIABILITY
.
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other similar document does
hot constitute acceptance or approval of amounts or tvoes of coverages, which may be less than required by these
Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to
n.rotect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy
of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide
full covera!!e from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without
prior approval from the Owner.
Lonl!Shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.c. 932, requires an
employer. with employees in maritime employment to secure the pavment of benefits under the Act either by
insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S.
Department of Labor as a self-insurer.
For General Contractors: Section 4( a) of the Act provides that every emplover shall be liable for and shall secure
the payment to his employees of the compensation payable under Sections 7, 8. and 9 of the Act. In the case of an
employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the
contractor be liable for and be required to secure the payment of compensation.
WAIVER OF RIGHTS
Ownerand Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner,
Contractor, Subcontractors. Engineer. Engineer's Consultants and all other persons or entities identified in the
. Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary
coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions
tathe effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder. Owner and Contractor waive all ril!hts al!ainst each other and
their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or
resulting from any of the perils covered by such volicies and any other property insurance applicable to the work;
and, in addition, waive all such rights against Sub-contractors, Engineer. Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In
addition. Owner waives all rights against Contractor. Subcontractors. Engineer. Engineer's Consultant and the
officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other
consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by,
arising out of or resulting from fire or other peril. whether or not insured by Owner and; (ii) loss or damage to the
completed Proiect or part thereof caused by, arising out of or resulting from rue or other insured peril covered by
any property insurance maintained on the completed Proiect or part thereof by Owner during partial utilization, after
substantial comoletion or after final pavment.
PAGE 4
.
Contractor shall furnish a Performance and
Payment Bond. in an amount at least equal to the
Contract Price as security for the faithful
performance and payment of all Contractor's
obligations under the Contract Document... All
bonds shall be in the format outlined in Exhibit
B. This bond shall remain in effect at least one
year after the date when final payment becomes
due. unless a longer period of time is prescribed
by laws and regulations or by the Contract
Documents. Contractor shall also furnish such
Additions and Deletions Report for AlA Document A141111 - 2004 Exhibit C. Copyright @2004by The American Institute of Architects. All rights
reserved. WARNING: This AlAn Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution
of thIs AIA.1' Document, Oi any portion of It. may result In seveie civil Cind criminal penalties, and will be prosecuted to the maximuiii extent possible
under the law. This document was produced by AlA software at 09:58:04 on 04/29/2008 under Order No.1 000352845_1 which expires on 4/17/2009, and is not
for resale.
User Notes: (3553111885)
$10,522.765.05
3
b
.
.
.
other Bonds as are required by the
Supplementary Conditions. All Bonds shall be in
the form prescribed by the Contract Documents
and shall be executed by such sureties as are
named in the current list of "Companies Holding
Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570
(amended) by the Audit Staff. Bureau of
Government Financial Ooerations, U.S. Treasury
Department. All bonds si~ned by an agent must
be accompanied by a certified COpy of such
agents' authority to act. All bonds shall be
deemed to contain all of the Conditions of
Section 255.05, Florida Statutes, even if such
language is not directly contained within the
bond and the Surety shall be licensed and
Qualified to do business in the State of Florida.
The Owner reserves the right to reiect any surety.
If the Surety on any Bond furnished by the
Contractor is declared bankruPt or becomes
insolvent or its right to do business is terminated
in any state where any part of the Proiect is
located or it ceases to meet the reauirements of
these Contract Documents, the Contractor shall
within five days after notice thereof substitute
another Bond and surety, both of which must be
acceptable to the Owner.
Additions and Deletions Report lor AlA Document A 141 TII - 2004 Exhibit C. Copyright @ 2004 by The American Institute ot Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution
01 this AlA" Document, or any portion of It, may resullln severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 09:58:04 on 04/29/2008 under Order NO.1 000352845_1 which expires on 4/17/2009. and is not
lor resale.
User Notes: (3553111885)
4
6-
ACORD~
CERTIFJCA TE OF LIABILITY INSURANCE
I
300
o P ID KP I OA ,. 'MMIDOIYVVTI
MISEN-2 05/02/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTE:ND OR
AL TER THE COVERAGE AFFORDED 3Y THE oOLlCIES 3ELCW.
p~QOUCeR
I
jTaY10r Johnson Group
. .. 81,19th Street, 3ul.~e
. " .=gl.n:.a 3eac~ ??\ 23~5:'
=:lcne
... .: - - .!, 3.3 - ~ :. ~ '_
?~X ~S--458-;9:-
NS;';REKS ~F~CRDING COVERAGE
NAJC j
NSUReo
NSt,rtE,'t !
::~y.le=s ",=,~p ea. ~f ""e"~"'a
21873
25674
21873
~S...,RE=t ...
Misener Mari:le
Construc~ion :nc
5600 W. Commerce Street
Tampa F!. 33616
NSUIlER ,;
1'1=8lNLn" 1 i'und'Na"~::j'.ao:.~Cll :n.
I 'NSUA!IU
S1qn...l l'tt.itwr.l !n4_.i.~Y .u'Od
!
I
HSUltER ::l
COVERAGES
TH! POl-lellS OP INSURANce Ll.STe:O BELOW ",,,vI! B(EN IssueD TO THe INSURED NAMeD ABove FOR THE POucv PERIOD INQICAT10. NOT'MTHsrAMOlNG
AN" Rl!QUIREMENT, TERM OR CONDlTION 0' ANY CONTRACT OR OTHER OOcuMENT'MfH RIISPECT TO WHICH THll CIRTlPICATlIlAV IE ISSUED 01
MAY PERTAIN. THIINSUIUHCI AFFoRDeO BY TJolE POUCIEI Q!SCRISED HEREIN il SUIIJl!CT To ALl. THI! TeRMS. UCLU!UONS AIiIO CQilIDtTlONS 0# SUCH
POLICies. AGGIUOATe LIMITS SHOWN .....Y HAVE BEEH REDUCED IY PAiD ClAIMS
INSIl 00" POLM:'l' IfIFliiCTrYI POUCY EXPIRATION
". NllitO TYPE OF INSURANCE POUe., NUMB!R DATlCIIIWOI'I"l'J OA TI [MMIODlYV) UMITS
~ERAI. UABlUTV EACH OCCURReNce: . 1,000,000
DAMAGlii TO RENTED
A ..!... COMMERCIAl. GENERAL LIABILITY OML99050051 01/01/08 07/01/08 PAIMISU (Ib OCCUNIU) . 1,000,000
- =:J CUI..>..... [i] OCCUR MSO IXP (An, _ p.rMn) . 5,000
.!... Sudden Pollution PEIlSONAL & ADV IN.lUR., > 1,000,000
X SRLL/Contractual GeNERAL AGGREGATE > 2,000,000
OEN't. ACGREGATE L!UIT ","pun PER: PRODUCTS. CQMPIOP AGO . 1,000,000
I POLIC., ~ ~:i; n LDC
AUTOMOBILE LIASIUTV
r- COMBINED SlHGLe LIMIT > 1,000,000
B ~ ANV AUTO 810-927K1354-TIL-06 01/01/08 07/01/08 (EtIlccicNM)
r- AlL OWNeD AUToe SODtLVIN.lURY
I
SCHEDULED AUTOS (Per,.,.Oft.
-
2E-. HIReD AUTOS SODIL Y INJURY
>
2E-. NON-OWNED 4UTOS l'-"Icckflllll)
- PROPERTY DAMAGe .
(Pti'lcclclenl)
".
GARAGe LIAIlIUTY AUTO aNI. Y -I!A ACCIDINT I
=i ANY AUTO OTHeR THAN eAACC >
AUTO ONL V: Aoo .
IiXCeSSIUMBRELLA LIABILITY IACH OCCURRINCE .20,000,000
C t!J OCCUR D ClAM>..... oxr. IIosoon /onlon-Ol 01/01/08 07/01/08 AOQREGATI! 120,000,000
.
R O.OUCTI.L. I
ReTENTtON . .
X IT=~:: I 10TH-
WORKERS COMPENSAnDN AND ..
D EMPLOYERS'LIABIUTV 10/01/07 10/01/08
ANV PftOPRIETORIPAIITNERI'ILl!CUTIVE D274W00421 EJ.. EACH ACCIDENT .1,000,000
O"ICl!RlMl!MBER lXCLUDED? l!.L. DISEASE. lEA IUPLOYEe: . 1,000,000
If ,... dtiHftbe UNle,
S'ECIAL PIIOVISION8 b.1ow E.L. DISEASE. POlICV LIMIT .1,000,000
OTHER
E USL&H 60191 10/01/07 10/01/08 EACH acc $10,000,000
oescRlPnON 0' OPElU.nONS' LOCATIONS 'VEHICLES' EaCLUac#l1 ADOID BY ENDOIlI..an 'U'SCIAL PIUIvtStO...
C~earwater Downtown Boat Slips, Coachman Park at Cleveland Street.
City of Clearwater is additional insured for general liabili ty , automobile,
and excess liabilli ty as required by contract. Waiver of Subrogation in
favor of City of Clearwater for general and auto liability, umbrella and
workers compensation through the USL&H coverage
CERTIFICATE HOLDER
CANCELLATION
CITYCLE
SHOUUI ANV OF THE ABOVE OEICIlaBED POLlCII5S 81 CANCELLIlD IIEPOR& THE EXPUtA TION
OATE THEREO', THE ISSUING INSURER WILL ENDIAVO" TO MAIL
30
DAYS WRITTEN
.
City of Clearwater
100 S. Myrtle Avenue
Clearwater FL 33756
NOnGE TO THE CERTIFICATE HOLOERNAMED TO THI LIl'T, BUT 'AILURI TO DO so SHALL
IMPOSE NO a8LIOAnON aR LIABIUTY 0' ANY KWD UPON THI INSURER" ITS ADENTS OR
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
?
IMPORTANT
if the certificate holder;s an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.
ACORD 25 (2001108)
1
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. ..
EXHIBIT B
BOND NUMBER: 022022033
CONTRACT BOND
STA TE OF FLORIDA
COUNTY OF Pinellas
KNOW ALL MEN BY THESE PRESENTS: That we
Design-Builder
Liberty Mutual Insurance Company
homeaddressis 175 Berkeley Street, Boston, MA 02116
Misener Marine Construction. Incas
and
(Surety) whose
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: Ten Million Five Hundred Twenty Two
Thousand Seven Hundred Sixty Five and 05/100 Dollars ($10,522,765.05)
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns for the faithful performance of a certain written contract, dated the J d.IVD . day of
m""""i , 20 oog, entered into between the Design-Builder and the City of Clearwater for:
CLEARW ATER DOWNTOWN BOAT SLIPS
PROJECT #: 06-0033-MA
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Design-Builder shall in all respects comply with the terms and conditions of said contract, and his
obligations thereunder, including the contract documents therein referred to and made a part thereof,
and such alterations as may be made in said documents as therein provided for, and shall indemnify
and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct,
want of care or skill, negligence or default, including patent infringements on the part of the said
Design-Builder agents or employees, in the execution or performance of said contract, including
errors in the plans furnished by the Design-Builder, and further, if such Design-Builder shall promptly
make payments. to all persons supplying. him, them or it, labor, material, and supplies used directly or
indirectly by said Design-Builder or Sub-Contractors, in the prosecution of the work provided for in
said Contract, this obligation shall be void, otherwise, the Design-Builder and Surety jointly and
severally agree to pay to the Owner any difference between the sum to which the said Design-Builder
would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay
for the completion of said work by contract or otherwise, & any damages, direct or indirect, or
consequential, which said Owner may sustain on account of such work, or on account of the failure of
the said Design-Builder to properly and in all things, keep and execute all the provisions of said
contract.
Exhibit B.doe
Page 1
Revised: 5/09/2007
"
.
CONTRACT BOND
(2)
And the said Design-Builder and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner
against, and will pay any and all amounts, damages, costs and judgments which may be recovered
against or which the Owner may be called upon to pay to any person or corporation by reason of any
damages arising from the performance of said work, or of the repair or maintenance thereof, or the
manner of doing the same or the neglect of the said Design-Builder or his agents or servants or the
improper performance of the said work by the Design-Builder or his agents or servants, or the
infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Design-Builder and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals ofthe parties hereto this
day of , 20
Misener Marine Construction, Inc.
AT
jzu
DESIGN-BUILDER
By: a -----~ ~
/~~M<!'3 l.. ~~~
JOH'" U. W l-IoPIL'oI
Insurance Company
~1Jo1w
Heather Noles
COUNTERSIGNED:
By:
ATTORNEY-IN-FA
Vickie Lacy
N/A
Exhibit l3.doc
Page 2
Revised: 6/18/2007
.
DOwIltown B()at. S I
IA
ll&muclm
8t Fe ruart
'1:
-
-
-
". i )1" i :-, : ~ ' i
....~cc-..o:.. ..- ... ..~
iiiii
~
"!'.tI!i<-
- -~ ~-~
'-...I..:..
I- '1::"\--
MISINla MARINI
CONSlRUCTION INC
ORION MARINE GROU
IIQlcrow-~
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MIS.NIR MARINI
CONSTRUCTION INC
ORION MARINE GROUP'
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441 / Fax (813) 831-7498
Letter of Transmittal
February 8, 2008
City of Clearwater
City Purchasing Manager
Municipal Services Building
100 South Myrtle Avenue
Clearwater, FL 33756
RE: Request for Proposal 31-07
Downtown Boat Slips - Design-Build Services
Dear City Purchasing Manager:
This letter is written to confirm that the Proposal contained herein shall remain valid for
a period of three (3) calendar months from this date of submission of February 8, 2008
and thereafter until a contract is executed or the procurement is terminated by the (:ity,
whichever occurs first.
Please feel free to contact us should you have any questions regarding this proposal.
We look forward to the opportunity of working with you on this project.
Respectfully Submitted,
MISENER MARINE CONSTRUCTION, INC.
~~
President
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Exhibit C
PROPOSAL FORM
RFP NO. 31-07 DESIGN-BUILD SERVICES FOR
DOWNTOWN BOAT SLIPS
SHEET 1 OF 2
The undersign hereby declares that after examining the Proposal Documents for which proposals were advertised to
be returned by 4:00 p.m., February 8, 2008, does hereby submit a response to the proposal and warrants that:
a.
b.
She/He is an officer of the organization.
She/He is authorized to offer a proposal in full compliance with all requirements and
conditions, as set forth in the RFP.
She/He has fully read and understands the RFP and has full knowledge of the scope,
nature, quantity and quality of the work to be performed; and the requirements and
conditions under which the work is to be performed.
If the proposal is accepted, a Purchase Order and/or Contract will be issued as proposed
subject to any revisions mutually agreed-upon by the City and the vendor.
c.
d.
Will your firm be able to provide a local representative for service and warranty repairs on an "as needed"
basis? (Within a 200-mile radius of the City of Clearwater, Florida) YES xx NO
Parts and service are available at:
5600 W. Commerce St., Tampa, FL 33616
In submitting this Proposal, Respondent represents as more fully set forth in the agreement, that
Respondent has examined copies of all the contract Documents and of the following Addenda:
Addendum No. 1 ,Dated 1- 2 3 - 08 Addendum No. , Dated
Addendum No. , Dated Addendum No. , Dated
The City desires to accept submission of this response only if in so doing, the City can place a limit on the City's
liability for any cause of action arising out of this solicitation, so the City's liability for any cause of action arising
out ofthis solicitation never exceeds the sum of $100. Respondent expresses its willingness to respond to this
solicitation with the knowledge that the Respondent's recovery from the City to any action or claim arising out of
this solicitation is limited to the maximum amount of$100. Nothing contained within this solicitation is in any
manner intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28,
Florida Statutes, or to extend the City's liability beyond the limits established in Section 768.28, Florida Statutes, or
that claims or award against the City shall include attorney's fees, investigative costs, expert fees or pre-judgment
interests. The undersigned acknowledges receipt of good and lawful consideration for this provision and warrants
that he/she is authorized and empowered to sign this document for the Respondent.
~~~ 5600 W. Commerce St.
Authorized Signature Address
James L. Rose Tampa, FL, 33616
Printed Name & Title City, State, Zip Code
Misener Marine Construction, Inc. 813-839-8441
Company Telephone No.
2-8-08 813-831-7498
Date: Fax. No.
- 18-
MISINER MARINE
CONSTRUCTION tNe
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
April 1. 2008
City of Clearwater
City Purchasing Manager
Municipal Services Building
100 South Myrtle Avenue
Clearwater, FL 33756
RE: Request for Proposal 31-07
Downtown Boat Slips - Design-Build Services
We are pleased to submit the following revised proposal based on the items discussed in our meeting on Wednesday,
March 26, 2008.
1 Furnish and install docking system
2 Furnish and install plumbing to slips and pump out facilities
3 Furnish and install electrical, lighting, cable TV and telephone
4 Furnish and install security system
5 Furnish and install rip rap protection of the existing sea wall
6 Bonding
7 Engineering and permitting
The potential tax credit for the City of Clearwater as discussed is now'
The revised price reflects the changes discussed at the meeting:
Revised - 3/11/08
$6,980,299.96
$471,018.63
$1,844,752.26
$87,938.89
$167,919.60
$108,712.79
$612,866.42
$10,273,508.55
Revised - 4/01/08
$7,479,722.96
$477,818.63
$1,867,232.26
$87,938.89
$167,919.60
$111,480.29
$612,866.42
$10,804,979.05
$282,215.00 total
~ Breakwater size for the entire floating attenuator increased back up the 4300 Series
.);- Additional Breakwater pieces added at the end of A Dock and B Dock in the South Basin
The revised price includes all materials, labor, plumbing and electric associated with these changes The changes are
shown on the revised drawings attached with this correspondence
Thank you for this opportunity and we look forward to working with you on this project.
;jjC?JJf;b
Da~hornton
Vice President of Operations
Misener rv'larine Construction, Inc.
Cc .John V\!ha!en
.~
MISIN.. __-__INI
eo....ue'ION INe
ORION MARINI GROUP
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
March 11, 2008
City of Clearwater
City Purchasing Manager
Municipal Services Building
100 South Myrtle Avenue
Clearwater, FL 33756
RE: Request for Proposal' 31-07
Downtown Boat Slips -. Design-Build Services
Please accept the following revised proposal based on the items discussed in our meeting on Tuesday March 4, 2008.
1 Furnish and install docking system
2 Furnish and install plumbing to slips arm pump out facilities
3 Furnish and install. electrical, lighting, cable TV and telephone
4 Furnish and install security system
5 Furnish and install rip rap protection of the existing sea wall
6 Bonding
7 Engineering and permitting
Original
$7,762,427.51
$510,214.00
$2,070,149.12
$87,938.89
$167,919.60
$111,480.29
$612,866.42
$11.322.995.83
Revised. 3/11/08
$6,980,299.96
$471,018.63
$1,844,752.26
$87,938.89
$167,919.60
$108,712.79
$612,866.42
$10.273,508.55
The breakdown for the reduction In cost of the floating dock system is as follows:
1. Attenuator reduction to 3800 series and removal of one slip in South basin adjacent to Pierce 100
2. Seaflex system changed to pile anchored docks, adjusted for changing some 18" pile to 14" pile
3. M Docks width reduction from Super Yacht to Premier Style Float
Total Savings
Potential Credits for City
1. Pump .Out System
2. Sales Tax
PRICE TO CITY WITH CREDITS:
Savings. 3/11/08
$782,127.55
$39,195.37
$225,396.86
$0.00
$0.00
$2,767.50
$0.00
$1.049.487.28
$327,000:00
$352,127.55
$103,000.00
$782.127.55
$63,000.00
$252,600.00
$9.957.908.55
The proposed 3800 series Breakwater proposed is based on a design wave of 3.3' with a transmitted wave of 19" inside
the basin as stated in the e-mail dated March 7, 2008 from Chris Clark of Harbormasters and will be in place of all
attenuators excluding Northern most pieces adjacent to existing fishing pier.
Sincerely,
f1 tJ. /A/ JL
John Whalen
V.P. Tampa Operations
CC: Jim Rose
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PROPOSAL FORM
RFP NO. 31-07 DESIGN-BUILD SERVICES FOR
DOWNTOWN BOAT SLIPS
SHEET 2 OF 2
Item #
1
2
3
4
5
6
7
TOTAL LUMP SUM PROPOSAL COST:
ITEM DESCRIPTION
TOTAL PRICE
Furnish and install dockin s stem
$ 7,762,427.51
$ 510,214.00
$ 2,070,149.12
$ 87,938.89
$ 167,919.60
$ 111 480.29
$ 612 866.42
$ 11 322 995.83
, cable TV and tele hone
Furnish and install securi
Furnish and install ri ra rotection of the existin sea wall
Sondin (Payment, Performance & Bid Bond)
Delivery ARO (After Receipt of Order)
c2~
~horized Signature
James L. Rose, President
Printed Name & Title
426 Calendar Days (including permitting,
design and construction)
5600 W Commerce St
Address
Misener Marine Construction, Inc.
Company
Tampa. FL. 33616
City, State, Zip Code
813-839-8441
Telephone No.
813-831-7498
Fax No.
2-8-08
Date
- 19 -
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IDENTICAL TIE PROPOSALS
In accordance with Section 287.087, Florida State Statutes, preference shall be given to businesses with
drug-free workplace programs. Whenever two or more proposals are equal with respect to price, quality,
and service, and are received by the State or any political subdivision for the procurement of commodities
or contractual services, a proposal received from a business that certifies that has completed a drug-free
workplace program shall be given preference in the award process. Established procedure for processing
tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to
have a drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace, and specifying the
actions that will be taken against employees for violations of such prohibitions.
2) Inform employees about the dangers of drug abuse in the workplace the business policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under
Proposal a copy of the statement
4) I n the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under Proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to any violation of Florida Statutes or of any controlled substance law( s) of the
United States or any state five (5) days after such conviction or plea.
5) Impose sanctions on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, any employee who is so
convicted.
6) Make a good-faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
~~
/AUTHORIZED SIGNATURE
.--/
Misener Marine Construction, Inc.
COMPANY
2-8-08
DATE
- 20-
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SUBCONTRACTOR LISTING
Project: No. 31-07 Desiqn-Build Services for Downtown Boat Slips
Name of Bidder: Misener Marine Construction, Inc.
List all proposed Subcontractors to be used for this Proiect (form may be duplicated if
necessary):
Subcontractor Name, Trade FL Contractors Percentage Dollar Value
Address, Phone License No. of Work
Dave Lincoln Contractinq Plumbinq & CFC-057-433 1% $510,000.00
2061 Oaks Blvd. Pump Out
Naples, FL 34119
239-598-4203
Subcontractor Name, Trade FL Contractors Percentage Dollar Value
Address, Phone License No. of Work
Lavandera Electric Co. Rl 'ro;::al EC13002486 20% $2,000,000.00
P.O. Box 15715
TamDa FL 33684
813-870-3486
Subcontractor Name, Trade FL Contractors Percentage Dollar Value
Address, Phone License No. of Work
Subcontractor Name, Trade FL Contractors Percentage Dollar Value
Address, Phone License No. of Work
- 21 -
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MISENER MARINE
CONSTRUCTION INC
o
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
Letter of Transmittal
February 8, 2008
. 1 ~ 't '
City of Clearwater
City Purchasing Manager
Municipal Services Building
100 South Myrtle Avenue
Clearwater, FL 33756
RE: Request for Proposal 31-07
Downtown Boat Slips - Design-Build Services
Dear City Purchasing Manager:
This letter is written to confirm that the Proposal contained herein shall remain valid for
a period of three (3) calendar months from this date of submission of February 8, 2008
and thereafter until a contract is executed or the procurement is terminated by the City,
whichever occurs first.
Please feel free to contact us should you have any questions regarding this proposal.
We look forward to the opportunity of working with you on this project.
Respectfully Submitted,
MISENER MARINE CONSTRUCTION, INC.
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
TABLE OF CONTENTS
LETTER OF INTEREST
SECTION ONE
WORK PLAN
1.1 Design Build Team Introduction and Organization
A) The Misener Marine - Halcrow Team Introduction
B) Team Organization Chart
1.2 Management Plan
A) Schedule control
B) Document control and records management
C) Plans for reporting status, design and management Information to Clearwater
D) Plan to minimize adverse effects of necessary design changes
E) Plan for cooperative and non-adversarial resolution of change issues
F) Methodology
G) Standard hurricane preparedness plan
1.3 Clearwater's Role
1.4 Schedule
1.5 Quality Control
1.6 Safety Plan and Hurricane Preparedness Plan
SECTION TWO
ORGANIZATIONAL EXPERIENCE AND ABILITY TO PERFORM WORK
2.1 Company Overview
2.1.1 Misener Marine Construction, Inc.
2.1.2 Halcrow, Inc.
2.1.3 Dial Cordy and Associates, Inc.
2.1.4 HarborMasters International
2.2 Key Individuals
2.3 Ability to Perform
SECTION THREE
TECHNICAL PROPOSAL FORMAT AND PROPOSED FACILITIES
3.1 Drawings and Sketches
3.2 Narrative
3.3 Materials and Equipment
3.4 Design Criteria
3.5 Exceptions
3.6 Assumptions
3.7 Alternates
3.8 Warranty
3.9 Maintenance
...... MAlI..
CCNIIIIUCTION IIIC
ORION MARINE GlHl>UI>
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
SECTION ONE
WORK PLAN
1.1 Design Build Team Introduction and Organization
A) The Misener Marine - Halcrow Team Introduction
The Misener Marine-Halcrow Design-Build Team is pleased to present our
qualifications to the City of Clearwater for the "Downtown Boat Slips" project. Our team is
comprised of local firms who will provide the City with high quality marine services in a
responsive manner. We have thoroughly reviewed and understand the Scope of Work
outlined in your RFP and feel that our team is uniquely positioned to provide you with the
best combination of value and experience in the completion of your project.
Our core team is comprised of four highly experienced firms. The breakdown of our
roles is illustrated on the following chart. Below the chart, we present a brief introduction
for each firm.
MIIINI. MAIINI
COIIITIUmONINC
ORION MARINE GROUP
Ila/crow
: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
: Clearwater
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MISENER MARINE
CONSTRUCTION INC
ORION MARINE GROUP
I'a/crow
CONSTRUCTION
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- __ __J
lavandera
Electric Company
Dave Lincoln
Contracting
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MISENER MARINE
CONSTRUCTION INC
ORION MARINE GROUP
Misener Marine Construction, Inc. is a multidiscipline organization that has
specialized in heavy civil marine construction for over 49 years. The evolution from building
primarily small residential seawalls and docks to the diverse heavy civil marine construction
company of today has been a transformation made over the past years through steady,
stable growth and broadening of markets and capabilities to include all types of construction
such as: bridges, harbors, subaqueous construction including pipelines, and special projects
(ranging from upland piledriving and foundations works, breakwaters and jetties, to marinas
and fishing piers).
MISENER MARINE
CONSTRUCTION INC
ORION MARINE GROUP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Ila/crow
Halcrow is a world leader in the planning, design, engineering, construction
management, and security of marine and coastal facilities. They are ranked by
''Engineering News-Record" (ENRJ, a leading construction industry trade publication, as the
6th largest Marine and Port Facility engineering firm in the world. They are also ranked #1
in ports, flood defense, and coastal engineering in the most recent worldwide ran kings by
the ''Institution of Civil Engineers'~ Halcrow's global Maritime Business Group has more
than 350 staff members dedicated exclusively to maritime and coastal work.
. DIAL CORDY
AND ASSOCIATES INC
Enojronmrntal COJlSllltant<;
Dial Cordy and Associates Inc. provides environmental consulting services involving
natural sciences and regulatory affairs. Their services include support of land development;
infrastructure expansion; industrial development; transportation planning; military master
planning; and coastal, marine, and water resource planning. They offer a wide range of
services to support clients working in terrestrial, freshwater, wetland, estuarine, and marine
environments and have served a variety of local, regional, state, and federal governmental
agencies, as well as numerous private land development related clientele.
~/- ~~ ~
~~
HarborMasters is a marina dock construction company providing high-quality and
long lasting marina docks. Their experience comes from over 25 years of service in the
dock making industry, from small projects to large marinas. Notable clients include Donald
Trump, the Sultan of Brunei, major construction companies and municipalities.
Ila/crow
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
B) Team Organization Chart
The following chart shows the proposed team organization.
MlSIND MARINI
COtISTIUmON INC
ORION MARINI! GROUP
Ila/crow
-------------------
ORGANIZATIONAL CHART OF PROPOSED TEAM
M1SEN1R MARINE
CONSTRUCTION INe
QlilOH Ml.llNt GIfOIlP
Construction
Project Director
: Clearwater
... -"" ....
....
Design Criteria
Consultant
Overall Proj~ct
> " ^' , n = f - ~:.. " ">>,
Mark Valenti I
-"'~
"a/crow
Design Project Director
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?fuj:::d lJbJEJ:j::Jf ;'
Andy S~h~field ~
. ~a~f\~:S?!.~?X
Permitting Support
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
build team with specific roles will be identified and matched to their opposite numbers to
facilitate the efficient transfer of information. Protocols will be established for the sharing
and exchange of information, which may include, for example, the setting up of discrete e-
mail groups for effective communication and the use of ftp sites for the transfer of large
datasets.
The project Quality Assurance Plan (see Section 1.5 below) will be established early
following receipt of the notice to proceed with inputs from City of Clearwater staff. Amongst
other things, the QA Plan will identify management structures within the respective
organizations and the schedule for regular formal progress meetings. Informal meetings
that will inevitably be required during the early stages of the project will also be arranged.
The key members of the design-build team are located in offices local to Clearwater
and will therefore be able to meet with City staff face to face at short notice should that be
required. The team's local offices will also be available should members of the City's staff
wish to visit to discuss and review any aspect of the design as it progresses.
We believe that a major factor in the successful completion of the project will be
open and effective communication across the team. We recognize the City as leaders of the
project team and the Misener Marine - Halcrow Team is committed to open and ongoing
communication as we know that the City's effective involvement will reduce the potential for
adverse consequences to cost or schedule.
1.4 Schedule
A summary CPM schedule for completing the contract is included on the following page.
MlSINIR MARINI
CONSTRUCTION INC
ORION MARI~i:
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
1.2 Management Plan
A) Schedule control
The project CPM schedule is a "working instrument" that requires regular updating
to provide accurate and useful project management information. Misener will update the
approved baseline CPM on a monthly basis by inputting actual activity dates and by
updating the activity logic to accurately reflect the actual project events and progress.
Dependent upon the City of Clearwater's requirements the updated project CPM schedule,
standard progress reports and the electronic CPM database can then be submitted for the
City's review.
B) Document control and records management
Please see QC/QA plan included with this proposal (Section 1.5).
C) Plans for reporting status, design and management Information to Clearwater
The Misener Marine - Halcrow Design Build team will engage the City in bi-weekly
progress meetings to bring the City and the design team up to date on the day to day
operations at the project site.
The project schedule will be updated monthly and submitted monthly with periodic
pay applications. When the need for changes to the project is identified, they will be
addressed at the earliest opportunity at the progress meetings so that all parties are aware
of all financial and schedule impacts to the project. The potential change or deletion of work
will be discussed and approved by all parties before any actions are taken.
All correspondence will be transmitted from the Design Build Contractors Project
Management team with copies to all necessary parties.
MlSlNn MAlIIII
COlIlTIUalOlIllIC
ORION lIIIARU\!E GROUP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
0) Plan to minimize adverse effects (cost, schedule, etc.) of necessary design changes
The Misener Marine- Halcrow Team prides itself on our project management
capabilities and our ability to effectively control the cost of a project. Each estimate and
schedule accounts for specific project characteristics, operational constraints, environmental
considerations, utility relocation and upgrading design requirements during the construction
phase of the project. We firmly believe that we have accurately assessed the design
parameters presented in the RFP and have accurately estimated the costs and potential
problems so as to minimize the possibility of change orders during the construction of the
project.
However, where a design change becomes necessary it will be quickly identified, due
to our pro-active approach to schedule and scope management. Quick identification of the
change, together with early communication to the City will ensure minimal, or no, effects on
project delivery.
E) Plan for cooperative and non-adversarial resolution of change issues
Contract Change issues will be addressed by the owner and the Design - Build Team
at the progress meetings. A recovery plan will be proposed and any disputes will be settled
by first, mediation, second dispute resolution by third party consultant to be named as
mutually acceptable to the owner and the design- build team with the determination to be
binding on both parties.
F) Methodology
Subcontractor initiated change order requests will be addressed in the same manner
and all change condition requests. The initial RFI will be submitted to the Design Build
MIIINII MAIINI
cONrnumoN INC
ORION MAlliN!: GRl:HIP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
team and will be reviewed by the City and Design Build team for validity and approved by
all parties prior to remuneration.
G) Standard hurricane preparedness plan
Misener Marine's hurricane preparedness plan is included in section 1.6.
1.3 Clearwater City's Role
The Misener Marine - Halcrow Team anticipates and encourages Clearwater City
staff involvement during the design phase of the project. The involvement of City staff is
essential to ensure that the designs proposed are workable and meet the requirements and
expectations of the City as laid out in the RFP. Full involvement of City staff during the
design will also:
. Facilitate open and effective communication across the team.
. Ensure effective incorporation of City staff's working knowledge of the site and
its requirements into project development.
. Enable efficient transfer of knowledge.
. Potentially reduce the duration of the formal design submission review period
and number of follow-up comments.
. Ensure the design progresses with 'no surprises' and that designs are compatible
with other elements of the boat slip facility outside the scope of the current
contract.
It is proposed that, upon notice of award, a mutually acceptable communication plan
will be drawn up setting out lines of communication between the key members of the City's
staff and the Misener Marine - Halcrow Team. Individuals within the City and the design-
MlSlNU MAllJlI
COJIITIUmOJlIJlC
ORIOl'\! MARI~I!
Ila/crow
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Activity I Activity I Orig I % [Total I Cal I Early I Early I-JA~Ei:CCiIAR T APR I ~ ~ ~
10 Description Our Compl. Float 10 Start Finish , , MA~J_U~__L1itL~U_G~SE~0_~LLN_OY---.--LoE.c JAN-L~EfLlMAR~Ae!LLMAY---.--LJ_UiLL.J.u_L~UG~SE~O.cJ~QY.-J0
, , , ,
Preconstruction Activities - MisenerlHalcrow
100-100000 Submit RFP to City of Clearwater 0 0 0 2 O4FEB08 Submit RFP to City of Clearwater -,
~Notice of Award I
100-100010 Notice of Award 0 0 0 2 07 APR08
100-100020 Design Submittal to City of 0 0 266 2 27MA V08 1- 1 T 'Design Submittal to City of Clearwater
Permitting Activities
901-105080 Assist City With Existing RAI's 35 0 25 2 07 APR08 23MA V08 , Assist City With Existing RAJ's
I I I ,
901-105090 Prepare Updated Permit 60 0 0 2 07 APR08 30JUN08 !repare Updated Permit Applications
901-105100 Submit Applications to FDEP 0 0 0 1 01JUL08 _Su~mit Applications to FDEP
901-105110 Respond to RAl's 78 0 0 2 16JUL08 03NOV08 Respond to RAJ's--
901-105120 Receive Permit Approvals 0 0 0 1 31DEC08 .Receive Permit Approvals
Design Services
901-105020 Plumbing & Pump Out Design 35 0 117 2 07 APR08 23MA V08 , ~Iumbing & Pump Out Design
I I
901-105030 Electrical System Design 35 0 117 2 07 APR08 23MA V08 , ~Iectrical System Design I
I I I
901-105040 Rock Protection Design 35 0 117 2 07 APR08 23MA V08 ~oCk Protection Design
, ' I
901-105050 Prepare Plans & Specifications 29 0 264 2 17APR08 28MA V08 +- I Prepare Plans & Specifications I
100-100030 Halcrow Submit Designs to 0 0 266 2 05MA V08 Halcrow Submit Designs to Misener for review
,-~ .
901-105055 City Review of Design 10 0 117 2 27MA V08 09JUN08 _City Review of Design
,
901-105060 Design Ammendment Following 25 0 117 2 10JUN08 15JUL08 Design Ammendment Following City Review - - - - - -,
901-105070 Design Support During 114 0 0 2 02JAN09 12JUN09 Design Support During Construction
.
Construction Activities
120-502000 Commence Construction 0 0 0 2 02JAN09 tcommence Construction
120-502012 Site Mobilization 3 0 1 2 02JAN09 06JAN09 I.Site Mobilization
,
200-520045 Drive Stake Pile 15 0 1 2 07 JAN09 27 JAN09 ~IDrive Stake Pile
600-516021 Install Rip- Rap Shore Protection 20 0 91 2 07 JAN09 03FEB09 Install Rip- Rap Shore Protection
,
300-512131 Installation of Floating Docks 50 0 1 2 28JAN09 08APR09 Installation of Floating Docks
,- .. - ___._.I_......_~---, .
300-512121 Installation of Plumbing & Pump 60 0 31 2 O4FEB09 29APR09 , Installation of Plumbing & Pump Out
I Installation of Electrical System
400-548000 Installation of Electrical System 60 0 1 2 O4FEB09 29APR09
, I
200-520020 Drive Timber Mooring Pile 4 0 42 2 09APR09 14APR09 "Drive Timber Mooring Pile
600-516051 Substantial Completion 0 0 1 2 29APR09 fsubstantial Completion
160-504012 Site Demobilization 3 0 28 2 30APR09 O4MA V09 'fISite Demobilization
.1 - - " ___n____.._____ _nn m.... ______m mmm____mmm____n__n_n_.________----'---- -- .
600-516031 Submit As Builts 30 0 1 2 30APR09 11JUN09 I , Submit As Builts
I
600-516041 Punch List Completion 30 0 1 2 30APR09 11JUN09 Punch List Completion
+Final Completion I
901-105010 Final Completion 0 0 1 2 11JUN09 I
Start Dale 04FEB08 Early Bar CLR3 Sheel1 of 1
Finish Dale 12JUN09 Misener Marine Construction/Halcrow Dale Revision Checked AI'r>roved
Data Dale 04FEB08 Progress Bar
Run Dale 08FEB0808:55 Critical Activity Clearwater Downtown Boat Slips
Critical Path Activities
@Primavera Systems, Inc.
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
1.5 Quality Control
The Misener Marine-Halcrow Team has extensive Quality Control procedures.
Halcrow's Quality Control summary for the Design aspect of the project follows. Misener
Marine's Quality Control plan for the Construction aspect of the project can be found at the
end of this section.
Halcrow (Desian)
Quality control is Halcrow's highest priority. We have established internal quality
control/assurance programs to ensure that the client always receives the finest product.
Over the years, quality procedures have been developed for various types of projects to
insure that the proper quality control procedures are followed.
Halcrow has a comprehensive QA/QC Manual as well as other standards such as the
Technical Report Writing Manual to insure that all reports produced by the firm are
thorough, concise, and consistent. In fact, Halcrow has written and produced similar
procedural manuals for the u.s. Navy, for report writing, Underwater Inspection
procedures, and Underwater Construction procedures. We also have a CAD Standards
Manual to insure that all the drawings and figures produced by the firm are correct and
consistent and in conformance with different client requirements. Halcrow's QA/QC Manual
and standards can be made available to City of Clearwater if required.
The principals of Halcrow are deeply involved with and provide guidance for
performing the work during every phase of all projects. One of the important aspects of
our QA/QC program is that all work be independently checked by senior engineers who
have not worked on the project. QA/QC leaders are specifically selected to provide for
independent reviews of team outputs.
MlSIND MAlINI
CONSTRUCTION INC
ORION MARINE GROUP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
The Quality Assurance Program utilized by Halcrow for each project is tailored to
meet the specific requirements of that project, based on our Quality Assurance Program.
The principal features of the program are:
.
Creation of a project specific QA Plan, that will be shared with City of Clearwater
staff.
. Regular instruction and updating of Quality Assurance procedures for all
personnel.
. Regular reporting to the Project Manager by the project engineer.
. Quality Assurance review of engineering work by project engineers, monitoring
design against construction budget.
.
Checking and signing of all computations and drawings by a qualified reviewer.
.
Constructability review of all work by the project manager and a partner.
.
Interface checking of contract documents, specifications, and permit
applications.
. Regular review of the QA Plan.
While quality control is a continuous process, we also have specific policies in place
that assure quality on a firm-wide basis. Our Quality Assurance Program establishes
project-related policies, procedures, standards, training, and guidelines to check that our
services and work products meet or exceed the City's expectations. The following elements
of our operations also help produce quality projects:
. Technical training programs
. Communication training programs
. Employee ownership
. High standards for hiring
MISIND MARINI
CONSTlumON INC
tlR!O~ MJUmUl
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
.
Communication within the firm
.
Long-range planning
.
Standards and design guides
.
Informal project and policy audits
.
Formal peer reviews
Misener Marine (Construction)
The Quality Assurance Program utilized by Misener Marine for each project is based
on our Quality Assurance Program, the principal features of the program are described in
the pages that follow.
MlSlllII MAIINI
COtlSTlUmON INC
ORION MARINE GROUP
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MISENER MARINE
CONSIRUCIION INC
U:;:1
Project Quality System Plan
City of Clearwater
Downtown Boat Slips
By
MISENER MARINE CONSTRUCTION, INC.
5540 West Tyson Avenue
Tampa, Florida 33611
February, 2008
1.
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GENERAL
1.1. Quality Policy
1.1.1. Misener Marine Construction, Inc.'s (Misener) Quality Policy is to
ensure that the project works are designed, furnished, constructed
and tested in accordance with the Client requirements as stated in
the contract. Misener will implement on this project an effective
and efficient project specific quality program, planned and
developed with other management functions.
1.1.2. All project staff are required to participate actively in the Quality
System and all managers and supervisors are directly accountable
for the quality of the work or services performed.
1.1.3. This project specific Quality Assurance I Quality Control Plan
describes the quality systems that are to be used on the project
and are in-line with Misener's corporate policy for quality. The
QAlQC Plan refers to all the relevant aspects of design,
procurement, planning, installation, inspection and testing from
preparation through to final completion. Specific procedures, such
as quality control procedures, method statements and inspection as
well as test plans will be developed and implemented to ensure that
all quality aspects of the work are addressed.
1. 1.4. Misener has developed and will maintain throughout the work an
established and operable QAlQC Program which complies with all
elements of the contract and applicable codes or other
requirements.
1.2. Scope
1.2.1. This QAlQC Plan is the principal quality document for the Project,
which implements the controls and resources for quality on the
project. This QAlQC Plan is prepared and reviewed by the Project
Management Staff of Misener. The Plan includes a narrative,
project organizational chart and relative attachments.
1.2.2. The QAlQC Plan shall be the Misener guideline documented by
written policies, procedures, or instructions to insure compliance
with the contract specifications and shall encompass:
· Design Management and Procedures,
· Procurement, Construction, and Testing as defined in the Contract,
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. Subcontractor work as defined in purchase orders and subcontract
agreements.
1.2.3. The Quality Control Program shall be Misener's guideline
documented by written policies, procedures, or instructions to
insure compliance with the contract specifications.
1.3. Purpose
1.3.1. The purpose of the QAlQC Plan is to ensure that:
. Owner quality requirements are understood, clearly defined and
achieved,
. The Misener QAlQC system is communicated, and understood by
project personnel, implemented and audited.
1.4. References
1.4.1. Contract as applicable
1.4.2. Specifications for Downtown Boat Slips
1.4.3. Contract Drawings
1.4.4. Misener Project Systems Plan
1.5. Definitions
1.5.1. Owner:
City of Clearwater
1.5.2. Engineer:
Halcrow
1.5.3. Contractor:
Misener Marine Construction, Inc.
2. ORGANIZATION AND RESPONSIBILITIES
2.1. General
. All field and office supervisory personnel will have access to the
written QAlQC Plan for review and compliance. All project field
personnel will initial the Quality Control Program to show individual
understanding and compliance.
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2.2. Misener home office personnel responsible for implementing
quality assurance requirements:
. John Whalen: V.P. Tampa Operations
. Robert Cappelli: Safety Manager
2.2.1. These personnel will review project site data when necessary and
initiate corrective action as appropriate.
2.2.2. Design of the permanent structures and inspection of material
fabrication work will be overseen by the Design Engineer and
Design Manager.
2.3. Misener field personnel responsible for implementing quality
control requirements:
Mark Valenti, Project Manager
Angela Tucker, Project Engineer
Clint Seace, Field Engineer
2.3.1. The function of the Project Manager includes:
.
Developing of any procedures/documents necessary for the
successful implementation of project quality requirements.
Reviewing of the project's organization as it affects quality.
Reviewing of purchase requisitions, purchase orders and supplier
quality submissions.
Evaluating supplier and subcontractor quality control systems.
Determining principal causes of any quality non-conformance, and
coordinating suitable methods for correction.
Overseeing the submittal of weekly construction reports
documenting production and the quality assessment of the work
completed.
.
.
.
.
.
2.3.2. The Project Manager is ultimately accountable for the quality of the
finished works. In turn, this responsibility is delegated to
supervisors who are responsible for separate activities of the work
and who are required to participate in the QAlQC Plan
implementation.
2.3.3. Project Engineer
· Ensure the quality management system as outlined in the Quality
Assurance / Quality Control Plan is implemented by continuous
monitoring of all activities, checking that the correct documentation
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is in use, that the required inspections and tests are carried out and
that all quality records are adequately completed and maintained.
. Carry out actual QC checks on site to ensure continued adherence
to the requirements.
. Prepare appropriate and required quality reporting documentation.
. Monitoring the project quality systems in order to determine where
improvements are needed and evaluating proper actions to
improve quality of product.
2.3.4. All supervisors are directly responsible for the quality of the work or
services performed by their workforce.
2.3.5. Any areas covered by this Plan that prove inadequate shall be
brought to the attention of the Project Manager for review, in order
to incorporate revisions.
3. PROJECT QUALITY SYSTEM
3.1. General
3.1.1 The project quality system meets the requirements of the Contract
and Specifications as applicable and Misener's standard practices
and procedures.
3.1.2. The project quality system is implemented through a combination
of the Contract and Specifications and the Misener QAlQC Plan
procedures and documents which specify activities, responsibilities,
standards and instructions necessary to meet the detailed specified
quality requirements of the contract.
3.1.3. The project quality system of Misener includes the activities of its
suppliers and subcontractors who are required to conform to their
own existing quality system or to defined Misener procedures to
ensure compliance to project specifications. Where there is a
difference between their own and Misener's procedure, the more
stringent shall control.
3.2. Control of Documents
3.2.1. In developing shop drawings for fabrication of work items, Misener
uses the review process as established in the contract to assure
quality standards are specified and included in design documents,
and any deviations from such standards are controlled.
3.2.2. All shop drawings are submitted to the Engineers.
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3.2.3. Generally, Misener will be responsible for initiating and issuing all
documents concerning project drawings, construction procedures,
and revisions, as well as their conformance with the contract
specifications and drawings.
3.2.4. The final review and approval of shop drawings shall be from the
head of the Design Engineer familiar with area of work under
contract.
3.2.5. Revisions will be made as required by the Engineer's comments
and each revision noted on individual shop drawing.
3.2.6. The Project Manager will ensure the field crew receives the most
current set of drawings, revisions, and addenda.
3.2.7. An updated approved drawings list shall be maintained to record
the flow of documents through Misener as they are approved for
construction.
3.3. Control of Work Operations
3.3.1. General
3.3.1.1. The Project Superintendent is responsible for developing
instructions and procedures for field construction and shall
take necessary actions to complete all work specified under
this contract in accordance with acceptable criteria.
3.3.1.2. The Project Manager is responsible for maintaining
documented instructions and procedures at the work site. He
is also responsible for seeing that instructions and
procedures are adequately carried out by the work force.
3.3.1.3. Daily construction procedures shall be covered on the Daily
Construction Reports.
3.3.1.4. Home office management will periodically review all aspects
of the work operation.
3.3.2. Pile Driving Operation
3.3.2.1. Pilings will be visually inspected prior to handling for driving.
Any damage to the coating found shall be repaired in
accordance with the coating manufacturer's
recommendations and Contract Specifications.
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3.3.2.2. All piles shall be installed within tolerance as per job
specifications.
3.3.2.3. The length of each pile shall be clearly marked in one-foot
increments to provide an accurate measurement of pile
length driven.
3.3.2.4. Pile driving activity shall be recorded on an approved Pile
Driving Log.
3.3.2.5. Completed logs shall be transmitted to the Engineer at the
close of each day.
3.3.3. Field Welding Operations
3.3.3.1. All field welding shall be performed in accordance with the
Contract Specifications
3.3.3.2. Field touch-up of repairs to shop applied finish coating shall
be in conformance with the Contract Specifications.
3.4. Control of Purchased Items, Materials, and Services
3.4.1. Misener will assure that items, materials, or services purchased
from others conform to the contract specifications through first
hand inspections and a thorough review of the contract documents
3.4.2. Certification for all materials showing conformation to material
requirements shall be obtained, and this evidence shall specifically
identify any necessary codes, standards or specifications.
3.4.3. Material supplied by subcontractors shall be strictly conformed to
project specifications through contractual agreements. Copies of
material certification documents shall be maintained at the
fabrication site and submitted to the Engineer as specified by the
Contract.
3.4.4. Non-Destructive Visual Examination of fabrication welds shall be
reviewed for conformance to specifications by fabricator Quality
Control Department, which will certify all testing records have
revealed acceptable results.
3.4.5. Misener personnel will perform inspection of each material
supplier's operation and processes.
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3.4.6. All material certifications and test reports of fabrication shall be
supplied from each supplier prior to acceptance of material for
incorporation into the project.
3.4.7. Misener will inspect all on-site deliveries of permanent materials
and each shall be noted as either approved, approved with
exceptions, or not approved.
3.5. Control of Inspections and Tests
3.5.1. To preclude the inadvertent bypassing of inspections and tests,
Misener will maintain a system defining the status of inspections
and tests performed upon materials or items under this contract.
3.5.2. Markings and documented Daily Construction Reports shall provide
the status of material and work.
3.5.3. For fabrication work at Misener's Tampa shop, the Weld Supervisor
is responsible for initiating inspections and tests as required in the
contract specifications. Results of all shop testing will be
documented and submitted to the Engineer for approval.
3.5.4. Field inspection and testing results shall be provided to the Project
Manager who will in turn be responsible to:
· Review inspection and test logs as appropriate and determine any
actions to be taken
· Use markings such as tags and labels when identification or
approval status is required to be known by others
· Submit results to the Engineer for approval
· Submit results to Misener Marine home office for file
· Retain mill certificates and manufacturer's specifications, as
applicable, for incorporation into the permanent file document
· Use the Daily Construction Reports for documenting all findings
· Document all actions concerning non-conformance
· Ensure that the inspection and test status of all materials and work
within the contract scope is known and verifiable at all times
3.6. Control of Non-Conforming Product
3.6.1. The non-conformance system applies to all permanent materials
received from suppliers and to non-conforming conditions detected
during the construction and installation process. Incomplete
certification is included in "non-conforming condition."
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3.6.2. Non-conformances will be recorded in writing as part of the Daily
Construction Report. The report will identify the criterion not being
met and clearly identify the item or part of the works not in
conformance. Any work and actions concerning the
non-conformance shall be documented as part of the Daily
Construction Report.
3.6.3. The Project Manager shall report directly to the Supervisor in
charge of that area of work all results of non-conformance
inspections and inform the Contract Manager of actions that should
be taken. He is responsible for collecting information and
preparing written procedures for corrective action for the Engineer's
approval.
3.6.4. Non-conforming items shall be reviewed and accepted, rejected,
repaired, or reworked.
3.6.5. All non-conforming materials, parts, or components shall be
properly labeled or tagged and documented.
3.6.6. After approval of the Engineer, all repair or rework shall be in
accordance with written procedures and pertinent approvals.
3.7. Control of Material During Handling, Storage and Shipment
3.7.1. Misener will maintain a system consistent with Quality Control
requirements for the control of handling, cleaning, preservation,
storage, and shipping of materials and equipment.
3.7.2. Generally, the Project Superintendent and the Project Manager
shall be responsible for assuring control of materials and
equipment.
3.7.3. The Project Superintendent shall provide information, as required,
concerning job site equipment and materials for control during
shipment.
3.7.4. The Project Manager is responsible for maintaining adequate files
for management review concerning barge loading, material rigging
and secure storage methods.
3.7.5. The Project Superintendent and the Project Manager shall inspect
material and document methods of handling, storing, and
transporting.
3.7.6. All contract material shall be:
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· Stacked and secured to prevent shifting or load damage.
· Elevated, as required.
· Adequately supported for handling.
· Stored in areas isolated from production areas.
· Inventoried upon delivery.
· Inspected for conformance to specifications.
· Tagged for identification or intended use, if required.
3.8. Control of Subcontractors
3.8.1. Subcontractors shall comply with the requirements of this QAlQC
Plan where applicable.
3.8.2. Subcontractor quality and safety performance shall be closely
monitored during execution of the work. Deviations from the
QAlQC Plan shall be reported to the Project Manager for
correction.
4. QUALITY CONTROL RECORDS
4.1. General
4.1.1. Misener will maintain documents for all work having an effect on
quality to determine that the work has been satisfactorily
accomplished.
4.1.2. Logs, procedures and drawings shall bear reference to appropriate
applicable specifications and acceptance criteria.
4.1.3. The Project Manager, at the project site and home office, shall be
ultimately responsible for collecting and maintaining these records.
4.1.4. For this project, the following records of production shall be
maintained:
. Pile Driving Logs
. Daily Reports
4.1.5. Methods of recording information shall meet the following criteria:
. Records are to be legible, identified and property filed for review.
. Records shall be protected.
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4.1.6. Records for each construction phase shall include at least the
following:
. Certifications of materials.
. Results of reviews, inspections, and tests.
. Procedures and methods of construction.
4.1.7. Test records shall show:
. Responsible personnel/organization involved.
. Observations made and Results.
. Evaluation of acceptability.
. Actions taken as required from inspections or tests.
4.1.8. A master set of records shall be maintained at Misener's home
office for a period of seven (7) years after completion of contract.
5. ACCIDENT PREVENTION & HAZARD CONTROL
5.1. In the interest of our job site employees and the well being thereof,
Misener will endeavor to provide a safe work place and all associated
benefits and services.
5.1.1. Misener shall promptly report to the Owner all accidents occurring
to employees or any other parties or property in conjunction with
the project.
5.1.2. Records concerning the above will be maintained in full by the
Project Manager. Weekly safety meeting of all personnel on site
shall be performed and documented.
5.1.3. The Project Superintendent will report all deviations from Misener's
"Safety Program for Accident Prevention" at once to Project
Manager for assessment and the proper corrective action
determined. Follow up inspections shall be made to insure
corrective action has been taken. The Project Manager will
maintain records of all preliminary and subsequent job site
inspections.
5.1.4. The Project Manager will set up contacts with the appropriate local
civil services for future use, and maintain lists of telephone
numbers and addresses of the above.
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5.1.5. The Project Superintendent and/or Project Manager will provide
basic first aid treatment to those injured, and access to proper
medical facilities as needed.
5.2. Both the Project Superintendent and Project Manager will maintain a
high regard for the laws, rules, and regulations of the governing bodies
and agencies in the area including all conditions of the Occupational
Safety & Health Act of 1970 as they relate to the performance of said
contract.
5.3. Misener's past three (3) years EMR rates are:
2007 .61
2006 .47
2005 .54
6. HURRICANE PREPAREDNESS PLAN
See attached.
7 . ENVIRONMENTAL PROTECTION PLAN
General
The intent of this statement is to outline the measures for the prevention of
environmental pollution on projects constructed by Misener Marine Construction,
Inc. These measures will consist of the construction and maintenance of pollution
control features as outlined herein or as may be required by the contract
documents.
Environmental Pollution is defined as, "The presence of chemical, physical, or
biological elements or agents which adversely affect human health or welfare;
unfavorably alter ecological balances of importance to human life; affect other
species of importance to man; or degrade the utility of the environment for
aesthetic and recreational purposes." Prevention and control require consideration
of air, water and land, and include noise, solid waste-management, and
management of radiant energy and radioactive materials as well as pollutants.
Misener will strictly adhere to Governmental and local laws and regulations, as well
as comply with all regulations and permits concerning environmental pollution
control and abatement.
The installation of permanent and temporary pollution control features will be
coordinated with the construction techniques incorporated by Misener to assure
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economical, effective and continuous control of erosion, air and water pollution
throughout the life of the contract.
We will take sufficient precautions to prevent pollution of the surrounding waters
with paints, fuels, oils or other construction related substances. All construction
activity will be scheduled and conducted so as to avoid pollution or siltation of the
waters which may be considered harmful to fish, shellfish or wildlife.
Misener will not disturb lands or waters outside the limits of construction, except as
may be authorized. Materials used in the construction of both the permanent and
temporary pollution control features will be in accordance with the contract
documents and permits.
Site Considerations
1. Water Pollution Prevention and Control
Turbidity Control - Turbidity controls (turbidity curtains) shall be employed
and maintained in the most effective manner possible to prevent turbidity
from extending beyond the control mechanisms in place. Turbidity
monitoring will be performed and recorded in accordance with contract
documents.
2. Manatee Protection
Measures will be taken to ensure the protection of manatees in the waters
adjacent to the project during construction. These measures shall include
the following:
A. All construction personnel shall be notified of the possible presence
of manatees in the areas and the precautions that should be
implemented during construction period. In the event of a manatee
sighting, personnel shall be instructed to notify their immediate
supervisor.
B. A no wake policy shall be enforced in the waters adjacent to the
construction area.
C. Manatee warning signs shall be displayed prior to and during water
based construction activities.
D. A log detailing sightings, collisions, or injuries to manatees shall be
maintained during the contract period.
E. Any collision with and/or injury to a manatee shall be reported
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immediately to the "Manatee Hotline" (1-888-404-FWCC) and to the
U.S. Fish and Wildlife Service, and to DERM.
3. Waste Management Control and Disposal
A. Construction Debris Control and Solid Waste Handling and Disposal
- Waste building materials such as concrete, lumber, steel or metal
will be separated and disposed of in an appropriate solid waste
disposal facility in accordance with all applicable laws. Necessary
precautions shall be taken to prevent construction debris from falling
into the water. Any debris which does fall into the water shall be
removed immediately and properly disposed of in accordance with
federal, state and local regulations.
B. Sanitary Waste Management - All employees will instructed to use
the vendor supplied portable chemical toilets, holding tanks and/or
temporary semi-permanent type facilities. These facilities will be
located conveniently throughout the work area and will be furnished
and regularly maintained by a company specializing in this type of
service, and utilizing pump truck collection methods.
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: Clearwater
~~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
1.6 Safety Plan and Hurricane Preparedness Plan
Misener Marine's standard Safety Plan and Hurricane Preparedness Plan are
described in the pages that follow.
MlSlNn MAIINI
CONSTRUalONINC
ORION MAlIll''!!!
Ila/crow
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Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page I
November I, 2007
I. Purpose
A. This policy pertains to Orion Marine Group, Inc. (the "Company"), which includes
all subsidiaries and divisions.
B. The purpose of the policy is to set forth the Company's policy on providing a safe,
healthy and injury free workplace for all employees.
H. Responsibility
A. It is the responsibility of all employees to understand and comply with this policy.
B. Foremen and supervisory personnel are responsible for holding their employees
accountable and ensuring compliance with this policy.
C. The Corporate Safety & Health Director is responsible for the overall
administration of this policy. This position will work closely with local Safety &
Health Managers to address and resolve safety and health issues that arise.
HI. Policy and Procedures
A. GENERAL
Orion Marine Group, Inc. is committed to providing a safe, healthy and injury free
workplace for all of its employees. It is the Company's goal that employees work
in an environment that emphasizes the importance of accident prevention and safe
work practices. This will help ensure that all employees return home after each
work day without injury or illness.
B. FUNCTIONAL ROLES - Responsibilities for carrying out the Safety Program of
Orion Marine Group, Inc. are assigned as follows:
1. COMPANY MANAGEMENT
a. Has overall responsibility for the Company's safety program.
b. Insures that all employees are informed of top management's commitment
to lawful, safe operations.
c. Appoints one individual to coordinate the Company program.
d. Maintains close contact with the Company's insurance carrier, keeping
them informed of:
i. New jobs being awarded.
n. Safety activities and conditions for existing jobs.
ill. Results of accident and incident investigations.
e. Selects doctors, other medical and health services and professionals to
handle the Company's cases.
Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 2
November I, 2007
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2. SAFETY DEPARTMENT
a. Reviews and records information on employee injuries, other injuries,
property damage, fIre and other losses.
b. Compiles periodic analyses describing safety records of each supervisor,
each project and the Company as a whole.
c. Develops and distributes safety notices or bulletins to highlight problems
and suggest solutions.
d. NotifIes all supervisory personnel of the names, addresses and telephone
numbers of suppliers of Company medical services.
e. Visits each project regularly to assist the superintendent in developing and
maintaining an effective project safety program.
f. Inspects projects for safety problems and recommends improvements to the
job superintendents.
g. Provides visual aids, safety bulletins, booklets and other materials as
needed.
h. Briefs new workers and obtains acknowledgement that they have read and
understood the employee orientation package.
3. SUPERINTENDENT
a. Performs a complete pre-construction analysis of the plans and
specifIcations to determine possible safety problems that may develop on
that project. With this information, the superintendent will implement a
safety program to prevent accidents and injuries.
b. Conducts periodic safety meetings with key supervisors. The meetings
shall be directed toward the study and control of current safety problems,
identifIcation of hazards in upcoming work and the planning of future
safety activities.
c. Performs a daily safety and housekeeping inspection of the entire project to
detect and correct unsafe conditions and practices that may cause an
accident.
d. Secures adequate First Aid supplies. First Aid supplies shall include a
notebook for recording cases treated.
e. IdentifIes a person who has a valid certifIcate in First Aid training to
provide First Aid in an emergency.
f. Arranges for prompt medical attention in case of serious injury.
g. Obtains proper equipment for prompt transportation of injured employee(s)
to a physician or hospital, or a communication system for contacting
necessary ambulance services.
h. Posts names and telephone numbers of physicians, hospitals or ambulances
in conspicuous places and near telephones.
i. NotifIes the Safety Department and top management in cases of fatalities or
injuries.
j. Places a bulletin board where all personnel can see it. Posts on the bulletin
board the OSHA poster, "Safety and Health Protection on the Job,"
(required by law).
k. Enforces the use of protective equipment such as hard hats and safety belts
by the workers (See Personal Protective Equipment Policy, Policy 4660).
I. Allows only authorized persons on the site and establishes a method and
criteria for authorization.
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Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 3
November I, 2007
m. Publishes and enforces requirements for barricades, warning lights and
safety signs to warn employees and the general public of all hazards.
n. Develops a plan to be implemented in case of ftre.
o. Obtains UL approved ftre extinguishers and locates them where they are
visible and easily accessible.
p. Ensures that work and tasks are assigned such that personnel do not work
alone.
4. FOREMAN
a. Provides information on safety during every work assignment to protect the
inexperienced worker( s) from hazards.
b. Conducts weekly "tool box" safety meetings with his crew to encourage
interest in safety and to give speciftc instructions on avoiding known
hazards.
c. Conducts daily safety and housekeeping checks on the area equipment and
personnel under his or her direct supervision.
d. Investigates all accidents in his or her crew and completes an "Employers
First Report ofInjury or Illness" form and submits it to the Safety & Health
Manager in his or her area for processing.
e. Conducts "tailgate" safety meetings each morning to discuss that day's
work activities and point out possible safety hazards to be encountered.
f. Familiarizes himself or herself with customer safety policies and
regulations and the Company's Safety Policy. Keeps copies of both in his
possession and ascertains that employees under his or her supervision are
made aware of the safety requirements and regulations on a project.
g. Assures that employees under his or her supervision have the proper safety
equipment needed to perform their assigned tasks. In addition, the foreman
will instruct each employee in the proper use of that safety equipment.
C. SUPERVISOR RESPONSffiILITIES
SUPERVISORS AT ALL LEVELS WITHIN THE COMPANY MUST
DEMONSTRATE LEADERSHIP IN SAFETY MATTERS.
1. IN THE EVENT OF MINOR INJURIES
a. Administer ftrst aid. If there is any doubt about the severity of the injury, a
supervisor will accompany the injured to the doctor's office for
examination.
b. Send in an Accident Report within 24 hours to the Safety & Health
Manager for the area, even if information is incomplete. Include the names
of any and all witnesses. If another contractor's employee, material, work
or equipment caused the accident, state so in the report.
c. Employees are to be instructed to report all injuries, no matter how minor,
to their supervisor immediately.
d. Document all minor ftrst aid incidents.
e. Injured will be drug/alcohol tested in accordance with the Company's
Alcohol and Drug Abuse Policy, Policy 8100.
Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 4
November 1, 2007
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2. IN THE EVENT OF SERIOUS INJURY
a. Administer fIrst aid to the injured person, if possible.
b. Telephone for an ambulance and give them the exact job location. Send a
person to meet the ambulance so he/she can direct them to the injured
person.
c. Call the hospital or doctor's office so the injured will receive prompt
attention when the ambulance reaches the hospital emergency room.
d. Tell the ambulance driver to take the injured person to a Company
designated hospital where a Company designated doctor is waiting. A
Company supervisor will accompany the injured to the hospital.
e. Notify the customer representative assigned to the project, if any.
f. Notify the local Safety & Health Manager for the area or region. In
addition, notify the Corporate Safety & Health Manager at (713) 852-6500.
g. Send the accident report to the local Safety & Health Manager's office for
the area within 24 hours. A copy of the report will be submitted to the
customer representative, if any, at the same time.
h. Keep in touch with the injured during the recovery period. Refer the
employee to the Safety Department for information concerning Worker's
Compensation BenefIts.
i. Send a supplemental report to the Safety & Health Manager for the area on
the day the injured employee returns to work.
j. Notify the Safety Department if the injured employee does not appear for
work during the recovery period.
k. Injured person will be drug/alcohol tested in accordance with the
Company's Alcohol and Drug Abuse Policy, Policy 8100.
3. IN THE EVENT OF A FATALITY
a. Call an ambulance and report the exact job location.
b. Notify the customer representative assigned to the project, if any.
c. Call the Company's Corporate Safety & Health Manager or notify the
Orion Marine Group, Inc. corporate office at (713) 852-6500.
d. Cooperate with the coroner and police.
e. The Orion Marine Group, Inc. corporate office will notify OSHA.
f. The Orion Marine Group, Inc. corporate office will notify the Worker's
Compensation Insurance Company.
4. IN THE CASE OF A FIRE
a. Telephone the shift superintendent, customer's fIre department, or nearest
fIre department and report the fIre, giving the exact jobsite location.
b. Make sure that jobsite access is wide open for fire truck(s) to enter.
c. Telephone the customer representative, if any.
d. Telephone the Company Safety & Health Manager for the area.
5. SAFETY CHECKLIST FOR JOB START UP
a. The superintendent will receive a copy of the safety requirements for a
project as outlined in the job specifIcations. He or she is to familiarize
himself or herself with these documents and be prepared to indoctrinate the
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Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 5
November 1, 2007
job foreman and all employees with the information therein, which is
applicable to the project.
b. Post all required state and federal posters.
c. Post emergency telephone number card by the telephone.
d. Post Emergency Evacuation Procedures.
e. Place First Aid kit on job and make sure it is stocked.
i. All First Aid kits have been approved by the Company's consulting
physician. The Superintendent or Foreman will contact the Safety
Department if additional supplies are needed. Only supplies furnished
in individually sealed packages are allowed in the kit.
ii. Potable water for the use of cleaning or flushing skin and eyes will be
stored on eachjobsite. Each employee will be instructed of the location
and proper use of the facility.
f. Post telephone list of Company supervisors and subcontractor supervisors
who can be contacted in case of emergency.
g. Maintain Accident Report forms at the jobsite.
h. All large jobs 1 year in duration or longer will maintain the OSHA Form
300 at the jobsite.
i. Prepare list of clinic, hospital, ambulance and fire services to be used in an
emergency.
j. Maintain notification procedures to be followed in various accident
situations as outlined in this policy at the jobsite.
k. Maintain hurricane preparation procedures as outlined in Hurricane
Preparation Procedures, Policy 4500 at the jobsite.
1. Maintain an MSDS book on site.
6. FOR HOUSEKEEPING REQUIREMENTS
a. Poor housekeeping is the first evidence of neglect of basic safety rules. A
clean job is generally a safe job.
i. All materials should be stacked safely to prevent them from toppling
over.
ii. Each crew will remove all scrap lumber, pile cut-offs and other debris
from its work area each day. Coordinate with the customer
representative as to what material may be disposed of on-site and that
which must be hauled off-site.
D. EMPLOYEE RESPONSffiILITIES
1. RULES
a. Each employee is expected to read, understand, and agree to abide by the
rules contained in this Safety Policy. By endorsing the certificate attached
to this policy (Exhibit A), each employee indicates that they understand
the general rules and those that apply to their craft.
b. The rules in this policy are there to prevent an employee injury. By
complying with them, personnel assure themselves that they are doing
everything in their power to prevent themselves and others from becoming
a "statistic".
Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 6
November I, 2007
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2. THE EMPLOYEE WILL:
a. Know his or her job, follow instructions and think before he or she acts.
b. Use protective equipment, wear a hard hat, use eye protection and safety
shoes. Employees will also use gloves and lifelines as the job demands.
c. Keep the work area clean and orderly, keep paths clear of tools, materials
or scrap, and will learn the location of fIre extinguishers or other fIre
fighting equipment.
d. Work according to good safety practices as posted, instructed and
discussed.
e. Refrain from any unsafe act that might endanger the employee or fellow
workers.
f. Ensure that all work or tasks assigned to him or her are not to be done
alone. If, inadvertently, the employee is assigned work or a task without
help, the employee will ask his or her supervisor for help.
g. Use all safety devices provided for employees' protection.
h. Report any unsafe situation or act to his or her supervisor immediately.
i. Report any injury, no matter how trivial, to his or her supervisor
immediately or before the end of the shift.
j. Assume his or her share of responsibility for thoughtless or deliberate acts
that cause injury to the employee or fellow workers.
k. Not take part in any "horseplay" on the jobsite.
I. Inspect ladders and scaffolds before use. Will set ladders on a fIrm footing
and will secure them top and/or bottom.
m. Be alert around moving equipment and loads. Stand clear of operating
equipment.
n. Lift with the legs, not the back. Get help with heavy loads.
o. Remove or bend down protruding nails immediately.
p. Be sure all connections are safely connected (wired together) when using
air tools.
q. Make sure that stacked material is braced or supported properly.
r. Keep walkways clear so as not to create a tripping hazard.
s. Watch electrical cords and air hoses for tripping hazards.
t. Smoke in permitted areas only. There will be no smoking in vehicles at
any time inside plants. Failure to obey this rule will be grounds for
immediate termination.
u. Use GFCI when using power tools.
3. PROTECTIVE EOUlPMENT REQUIREMENTS - (See Personal Protective
Equipment Policy. Policy 4660)
a. The protective equipment to be used by employees will be determined by
advance analysis of the job and by conditions that occur as work
progresses. However, on all jobs the following are the minimum:
i. Safety goggles or face shields shall be worn by employees who are
engaged in chipping, grinding, or performing any other operations that
present eye hazards.
n. All employees and visitors will wear safety hats and glasses at all times
while on the jobsite.
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Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 7
November I, 2007
ill. Safety Shoes or Safety T oe Work Boots are to be worn. Safety Shoes
and Safety Toe Work Boots must meet ANSI Z41-1991 requirements.
All footwear must have ANSI Z41 labeled on it.
iv . Work vest will be worn and fastened at all times when working over
water (i.e. barges, pipe racks, etc.)
v. Safety belt and/or safety harness will be worn and tied off 100% of the
time while working 6' or more above ground or water.
vi. All employees shall wear proper clothing. No sleeveless or muscle
shirts, no shorts or cutoffs, no frayed or loose fitting clothing.
vii. Ear protection shall be worn when the noise level is above 85 db's.
Example: piledriving.
Safety Policy - Policy 2800
Orion Marine Group, Inc. (the "Company")
Page 8
November 1, 2007
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EXHffiIT A
SAFETY POLICY
ACKNOWLEDGEMENT I CONSENT FORM
I certify that I have RECEIVED, READ, UNDERSTAND AND AGREE TO COMPLY
WITH ORION MARINE GROUP, INC. SAFETY POLICY. POLICY 2800 and that I will
comply with the rules and safe work practices pertaining to my trade. I also understand that
willfully or negligently failing to comply with the Company's SAFETY POLICY will be
cause for disciplinary action up to and including termination.
EMPLOYEE'S PRINTED NAME
DATE
EMPLOYEE'S SIGNATURE
SUPERVISOR'S SIGNATURE
DATE
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Hurricane Preparation - Policy 4500
Orion Marine Group, Inc. (the "Company")
Page 1
November 1, 2007
I. Purpose
A. This policy pertains to Orion Marine Group, Inc. (the "Company"), which includes
all subsidiaries and divisions.
B. The purpose of the policy is to set forth the Company's Hurricane Preparedness
Policy and Procedures.
II. Responsibility
A. Company employees are responsible for complying with all hurricane
preparedness guidelines and practices.
B. Supervisory and management personnel are responsible for ensuring compliance
with these policy provisions. This includes informing their employees of tropical
storms or hurricanes that may threaten Company facilities and jobsites and
advising them on taking proper precautions to reduce the threat of employee injury
and facility/equipment damage.
C. Safety and Health Managers are responsible for the administration of this policy
and coordinating communication efforts between Company management and
employees.
ID. Policy and Procedures
A. It is the Company's policy to ensure that its facilities, equipment, and personnel
make all appropriate preparations in the event a tropical disturbance, storm, or
hurricane develops and threatens workplace operations.
B. Hurricane Preparation Procedures shall remain in force during the entire period
from June I st to November 30th of each year.
C. HURRICANE SEASON - JUNE 1 TO NOVEMBER 30
1. Project Managers, Vessel Captains, Superintendents and Foremen shall make
daily checks with the radio, television and/or the National Weather Service to
monitor the weather during Hurricane Season.
2. For all jobs in progress on June 1 of each year and any new job started during
Hurricane Season, safe harbor in case of a tropical storm or hurricane will be
identified and communicated between the Project Manager, Vessel Captains,
Superintendents and Foremen for all dredges, support equipment and rig
barges.
3. During Hurricane Season, all tows outside of protected waterways (i.e., tows to
Hurricane Preparation - Policy 4500
Orion Marine Group, Inc. (the "Company")
Page 2
November 1, 2007
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the Caribbean or outside the GIWW, AIWW or ICW) shall be approved by the
President & CEO of Orion Marine Group, Inc.
D. TROPICAL DISTURBANCES. STORMS OR HURRICANES
1. When tropical disturbances develop within any geographic area the Company
is operating in, Project Managers, Vessel Captains, Superintendents and
Foremen in the area threatened, shall increase their monitoring of weather
reports utilizing local radio & TV, internet sources, or the National Weather
Service, if possible.
2. All crews and office personnel should be kept informed of current storm
developments.
E. WHEN A HURRICANE WATCH IS ISSUED
1. When a Hurricane Watch is issued for any area the Company is operating in,
Project Managers, Vessel Captains, Superintendents and Foremen for all
jobsites in the threatened area should begin preparations for the storm's arrival.
a. All loose articles should be secured.
b. All trucks and equipment should be fueled.
c. Preparations for towing dredges and marine equipment to safe harbor
should be fmalized.
d. Arrangements for movement of land-based equipment should be fmalized.
e. All personnel should make sure they have phone numbers of their
supervisors and subordinates.
f. Any customer procedures at the jobsite should also be followed.
2. Office personnel should be prepared to move files and computer equipment to
secure areas of their building.
3. Project Managers, Vessel Captains and Superintendents shall keep the Officers
of the Company informed on the status of hurricane preparations.
F. WHEN A HURRICANE WARNING IS ISSUED
1. When a Hurricane Warning is issued for any geographic area the Company is
operating in, Project Managers, Vessel Captains, Superintendents and Foremen
for all jobsites in the threatened area should begin preparations for the
imminent arrival of the storm.
a. All Dredges, support equipment, rig barges and any other marine
equipment are towed to Safe Harbor, or settled in a protected area. Dredge
Captains, Superintendents or Foremen shall inspect all preparations to
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Hurricane Preparation - Policy 4500
Orion Marine Group, Inc. (the "Company")
Page 3
November 1, 2007
insure all equipment is secured and battened down.
b. All land-based equipment is moved to high ground and tied down.
c. All motor/crawler crane booms, buckets and blades should be lowered to
the ground.
d. Any shipments of material to the jobsite should be temporarily suspended.
e. All office trailers and barricades should be secured to the ground.
f. Any customer procedures at the jobsite should also be followed.
2. Office personnel should move all files and computer equipment to secure areas
of their building as directed.
3. Project Managers, Vessel Captains and Superintendents shall keep the Officers
of the Company informed on the status of hurricane preparations.
4. After hurricane preparations are completed, Project Managers, Vessel Captains
and Superintendents shall release personnel at their discretion, allowing for the
safety of all personnel.
5. The senior person at any office located in the warning area shall ensure that the
office site, including files and computer equipment, is secure. Personnel
should be released and the office closed at the senior person's discretion,
allowing for the safety of all personnel.
G. AFTER A HURRICANE/TROPICAL STORM HAS PASSED
1. Personnel should contact their immediate supervisor for instructions to resume
work activities after a hurricane or tropical storm has passed.
2. Damage at jobsites in the storm area should be assessed by the Project
Managers, Vessel Captains and Superintendents and reported to their
supervisors immediately.
3. Activity at jobsites should be resumed when it is safe to do so. Material
deliveries should resume after the jobsite is secure and ready to resume normal
activities.
4. The senior person at each office shall make sure the office is safe before
allowing employees to report to work. Office personnel should contact their
immediate supervisors for instructions on resuming work.
5. Project Managers, Vessel Captains and Superintendents shall keep the Officers
of the Company informed on the status of resuming activities.
Hurricane Preparation - Policy 4500
Orion Marine Group, Inc. (the "Company")
Page 4
November 1, 2007
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H. JOB SITE HURRICANE PREPAREDNESS
1. Supervision at each project site with the assistance of the Safety Department
will develop a hurricane preparedness plan prior to the start of hurricane season
each year. Supervision shall contact Safety Department personnel for
assistance in developing this plan as may be required.
2. This plan will detail site specific plans, identify safe harbor areas, identify
tropical weather monitoring services, and list specific hurricane preparations
that need to be taken for the location.
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; Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
S.E.CTION TWO
ORGANIZATIONAL EXPERIENCE
AND ABILITY TO PERFORM WORK
2.1 COMPANY OVERVIEW
Please see the table on the following page that describes our Team's corporate
information, as requested in the RFP.
MlSlNn MARlIII
COlISTIUmOlllllC
O~IO!M JlAAIUHI! GROIJP
Ila/crow
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State of Type of Relationship with Major Office Customer Base Corporate Officers
Company Name and Year Incorporation Business parent, subsidiary Locations
Add ress Established and associated
companies
Misener Marine 1945 Florida Corporation; Orion Marine Group Orion Marine Group Misener Marine CEO:
5600 West Commerce Street Marine acquired Misener has operations in Construction, J. Michael Pearson
Tampa, Florida 33616-1930 construction Marine Construction Houston Texas, Lake provides construction President:
Tel: (813) 839-8441 Finn in September of 2002 Charles LA, services to the James Rose
Fax: (813) 831-7498 as a wholly owned Jacksonville FL, Maritime Facilities Senior Vice President:
www.misenermarine.com subsidiary Savannah GA, operated by Major David G. Thomton
NOIfolk VA. Port Authorities DOT Vice President:
offices in various John W. Whalen
states, municipalities Treasurer I CFO:
and private Mark Stauffer
development Secretary I Assistant
Treasurer:
Cindy Schroeder
Assistant Secretary:
Laurie Simoson
Halcrow, Inc. Halcrow Delaware Corporation; The Halcrow Group Halcrow has more Halcrow's customer President:
4010 Boy Scout Boulevard Group: 1868, Engineering acquired Han-Padron than 75 offices around base is extremely Michael Della Rocca
Suite 580 Halcrow,lnc: Finn Associates (a finn the world, our major diverse. Our Maritime Treasurer:
Tampa, FL 33607 2005 dedicated solely to U.S., locations Business Group's Coneen Brennan
Tel: (813) 876-6800 marine engineering) in include: Tampa, customer base is Secretary:
Fax: (813) 876-6700 2005, creating the Jacksonville, New primarily ports, Helga Junold
www.halcrow.com U.S. based Halcrow, York, Houston, Long municipalities, and Executive Vice Pres:
Inc. Beach, and Oakland. other waterfront and Dennis Padron
coastal clients. John Wollen
Senior Vice Pres:
12, including Design
Project Director
Todd Stockberger
VICe Presidents:
19, including Project
Marine Structures
Engineer
Lake Rav. III
Dial Cordy and 1996 Florida Corporation, N/A Corporate Office: Clients include private President:
Associates Inc. Environmental Jacksonville Bch, FL developers, county R. Steve Dial
490 Osceola Avenue Consullant Also Wilmington, NC govemments, port Senior Vice President:
Jacksonville Beach, FL 32250 and Ft Lauderdale, FL authorities (Miami Jerry Cordy
Tel: (904) 241-8821 Harbor, Port Vice President:
Fax (904) 241-8885 Everglades, Lee Swain
www.dialcordy.com Canaveral, Vice President:
Jacksonville), and Annette Taylor
U.S. Anny Corps of
Engineers.
Harbormasters lnt Inc. 2006 Delaware Corporation, North American Corporate Office: Clients include private President:
976 Sanford Rd. Marina Design Distributor of Wells" Me. developers, county Christopher Clark
Wells, Me.04090 and Construction Marinetek Products governments, and all Senior Vice President:
Tel: (877) 909-3625 from Finland Sales Office: types of Waterfront John Waldron
Fax: (207) 646-3660 Estero, FLA Development Groups VICe President:
www.harbonnasters.com Marina Del Rey,CA. Bob Harty
Engineering
Paul Huvnh
Marinetek Group 1994 Helsinki Corporation Marinrtek Group is Corporate Office: Clients include CEO:
Vattuniemenkatu 3 parent company to Helsinki,Finland PrivateDevelopers,Mu IIkkaSepala- Finland
FI-00210 Helsinki over 15 companies Offices worldwide nicipalities, Markku Rantanen-GM
Finland worldwide and Distributors
Tel: 358 (0) 9 682 41900 operates seven
Fax: 358(0) 9 682 41030 manufacturing
www.marinetek.net facilities
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
2.1.1
MlSEND MAliNE
CONSTRUmON INC
ORION NlJ\RI!U
(A) Brief History of Firm
Misener Marine Construction, Inc. is a multidiscipline organization that has
specialized in heavy civil marine construction for over forty-nine years. Founded by Richard
H. Misener in 1945, the firm was formally incorporated in the State of Florida in 1956 under
the name of Misener & McEvoy, Inc. After Mr. McEvoy's departure in 1962, the company's
name was changed and continues to be known as Misener Marine Construction, Inc.
From its beginning, the company has been a construction firm, working on heavy
civil engineering projects. The evolution from building primarily small residential seawalls
and docks to the diverse heavy civil marine construction company of today has been a
transformation made over the past years through steady, stable growth and broadening of
markets and capabilities to include all types of construction such as: bridges, harbours,
subaqueous construction including pipelines, and special projects (ranging from upland
piledriving and foundations works, breakwaters and jetties, to marinas and fishing piers).
The original local market area was expanded to other parts of Florida in the early
1950's, to other states in 1955, and to foreign countries in 1962. Our present market area
covers the Atlantic and Gulf states primarily, concentrating on the southeastern states,
Caribbean, Latin America, and Mexico. The company currently has $65 million of ongoing
work in these areas and employs 277 personnel. Through the years, Misener has developed
a worldwide recognition and a reputation for quality, efficiency, productivity,
professionalism, and fairness. This reputation and relationships established through the
MlSIND MAIINI
CONSTIUmON INC
ORION MARINE GROtlFl
Ila/crow
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
many years serve to enhance our stature as one of the leading marine contractors in the
area.
On August 16, 2002, Misener became a member of the Orion Marine Group, the
third largest Marine and Port Facilities contractor in the United States as ranked Engineering
News Record on October 2006. Orion Marine Group is comprised of Orion Construction
located in Houston, Texas, Kingfisher Marine Service located in Port Lavaca, Texas, F. Miller
Construction located in Lake Charles, Louisiana and Misener Marine located in Tampa,
Florida. We now have the unique capability to combine resources with the other Orion
companies to provide clients with an in-depth international expertise in both large and small
scale projects.
The history of our performance of contractual work is unblemished, and we have
successfully completed every project that was initiated and undertaken by the firm.
MlSINII MARIIII
COllmunlONINC
QRIOI'll MARINe GROUP
Ila/crow
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
(B) Corporate Document
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te ~fjf[o '
iJt~...._~~~;: ftba
b4t! " '.. .
IIfpartmrnt of &tatf
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l certify the attached is a true and correct copy of the Articles of Incorporation. as
amended to dale. 01 MISENER MARINE CONSTRUCTION. INC,. a corporation
organized under the laws 01 the Stale 01 Ftorida, as shown by Ihe records 01 this
of lice.
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The document number of this corporation is 313573.
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Given under my hand and the
Great Seal of the State of Florida
al Tallahassee. the Cap'it21.l!hiS the
Fourth day of April. ;ruu3
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~~A. f t<kdY
(lfjlrnllll Jli.liOl./l
,!Jil.rrrrlllri,,,i:i>I:llr
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cnZ(:022 t:'.O:lJ
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MlSlNII MAIINI
COIIITIUmON INC
ORION MARIHE GROuP
Ila/crow
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
I
(C) Evidence of Authority to Sign
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MISENER MARINE CONSTRUCTION,INC.
OFFICER'S CERTIFICATll
I
I, the undersigned, hereby certify thai I am ~ duly elected, qualified and acting
Secrclary and TreullNr of MJSENBR MARINB CONSTRUCTION, INC., II Florida
corporallon (!he "Corporation''), and that I am authorl7Jl!d 10 uccute and deliver Ibi,
certlticllle, 8IId 1 do hereby further certify as folio",,:
I
I. IncumbC1'lC~. TOO followinll named pel'lIOD I, duly elected or appointed,
acuns. and qualified officer oflbc Curporation holding altha dale hereof the office set
fot1h opposile his respeclive II"""" and the signature appearing opposite his rcspcctlvo
name i. hi. genuine .lgnal1ll'e:
I
li6ME
TII!& SPllCIMF.N SIGNATIJRE
James L. Rose
President ~~~
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27,2007.
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MlSlND MAllIII
COIIlTIUmOlllllC
ORION MARINE GROUP
Ila/crow
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
1.1 ,
2.1.2 T-,a,CrOw
(A) Brief History of Firm
Halcrow is one of the UK's leading consultancies, founded in 1868. The company's
founder, Thomas Meik, worked extensively on port, maritime and railway projects in
northern England and Scotland. During the first half of this century, William Halcrow (later
Sir William) established the firm as a pioneering force in other areas, notably tunnelling.
Initially named after Thomas Meik, the firm became Sir William Halcrow & Partners
in 1941. In 1985, a private limited company bearing the same name was formed. The most
recent change was in 1997, when the various Halcrow businesses and departments became
Halcrow Group Limited.
The last ten years have seen a period of extensive growth and development for
Halcrow. They now employ over 7,500 staff in more than 75 offices around the world
(including a fully staffed office in Tampa whose primary focus is port and marine
engineering), working on projects in over 80 countries. The company is owned by a private
trust and an ever-increasing number of employee shareholders, making it one of the largest
independent consultancies in the UK. Halcrow provides consultancy engineering services to
a full spectrum of private and public-sector organizations, including government
departments, public sector authorities and utilities, industrial and commercial companies,
international funding agencies, financial institutions and private individuals.
Halcrow, Inc. was formed in 2005 with The Halcrow Group's acquisition of Han-
Padron Associates (HPA), a firm dedicated solely to maritime engineering. Together, they
form Halcrow's North American Maritime Business Group. Halcrow has more than 350 staff
members world-wide dedicated exclusively to maritime and coastal work.
MISIIIIR MAIINI
COIISTIUCTlON INe
ORION MAIiIl\!E Gl!!.Otll'
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Halcrow's maritime expertise includes waterfront structures, marinas and fishing
I
harbors, port terminals and facilities, coastal, dredging and reclamation, drydocks,
I
shipyards, ship repair yards, and security. Halcrow performs underwater and above water
inspections, detail design, marine structure rehabilitation, feasibility studies, master
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planning, financial, operational and market analysis, simulation modeling, and construction
I
administration and management.
Halcrow's international, national and local experience enables them to deliver global
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thinking and local know-how to projects in Florida and beyond.
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(B) Corporate Document
I
'Delaware
PAGE 2
'Ilie :first State
I
I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF
DBLAJfARE' DO BRREBY C.ERTIFY THAT THB ATTAC1lE'D IS A T1U1R AND
CORRECT COPY OF THE CERTIFICATE OF INCORPORATION OF "HALCROJi,
INe. .. FILED IN THIS OFFICE ON THE FIFTEENTH DAY OF SEPTEMBER,
A.D. 2005, AT 9:09 O'CLOCK A.M.
A FILED COPY OF THIS CERTIFICATE HAS BEEN EURWARDED TO THE
N1lPi CASTLR COVNTY RE'CORDE.R OF DEBDS.
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3883619 8100V -
050755238 .,
-..v~ ~'Jf-~
I
Haniet Smith Windsor, Secrelllry of State
AUTHENTICATION: 4157019
DATE' 09-15-05
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MINH MARINI
CONSTRUCTION INC
OR!CII4 MAIUNI: G!UHIP
Ila/crow
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
.R~~9!:RX
2.1.3 Eflt,irc)nnlelllatCon,;;ulfonrs
(A) Brief History of Firm
Dial Cordy and Associates Inc. is an employee owned corporation with full
capabilities and staffing to provide environmental consulting services involving natural
sciences and regulatory affairs. Since 1984, they have provided technically sound and
responsive services in support of land development; infrastructure expansion; industrial
development; transportation planning; military master planning; and coastal, marine, and
water resource planning. DCM provides responsive and comprehensive environmental and
technical services throughout the eastern United States and Caribbean.
DCM offers a wide range of services to support clients working in terrestrial,
freshwater, wetland, estuarine, and marine environments. They have served a variety of
local, regional, state, and federal governmental agencies, as well as numerous private land
development related clientele. Their objectives are to be responsive to the needs of their
clients, to provide high quality environmental services, and to meet project schedules and
budget commitments.
One of the firm's primary objectives is to maintain the high quality of its services by
utilizing experienced professionals. The firm has accomplished this by successfully
recruiting professionals with advanced degrees and years of experience in environmental
investigations. This is particularly unique in the specialized environmental field, where
senior professionals are difficult to find. Consistency in investigation, analytical, and
reporting techniques is maintained by company-devised strict quality assurance/quality
control procedures, uniform data and report formatting, and the development and utilization
of a comprehensive and multi-functional personal computer database system.
MlSIIID MAIINI
CONlTIUmON INC
ORION MASlINE
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Dial Cordy and Associates Inc.'s multidisciplinary staff reflects their concept of a
strong management team with knowledge of the disciplines, techniques, regulatory
considerations, and personnel and business concerns involved in the environmental and
regulatory field. Staff professionals include specialists with expertise in the fields of botany,
wetland ecology, wildlife biology and management, forestry, environmental planning,
aquatic ecology, chemistry, fisheries, marine science, coastal ecology, regulatory affairs,
socio-economics, geology, physical science, and cartography.
DC&A provides efficient high quality services to many market areas including:
. Federal, State, and Municipal Planning and Assessment
. Water Resource Planning
. Transportation Planning
. Coastal and Marine Planning and Assessment
. Public Facilities and Utilities Planning
. Natural Resource Management and Planning
. Environmental Restoration and Mitigation Planning
. Land Development
MlSINIR MAlINE
CONmUmONINC
ORION MARINI! Gl1!O!.lP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
(B) Corporate Document
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I~t: I certify the attached is a true and correct copy of the Articles of Incorporation of ~
U DIAL, CORDY & ASSOCIATES, INC., a Florida corporation, filed on ~
?~t: January 18, 1996 effective January 15,1996, as shown by the records of this ~
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MlIIIIII MAllIII
CONSTIUmOlllllC
ORfO~ MARINE GROUP
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: Oearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
~ 4~~
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2.1.4
(A) Brief History of Firm
Harbormasters International is the North American distributor for Marinetek Group of
Finland. Harbormasters' C.E.O. Christopher C. Clark has a 25 year track record of designing
and building over 600 World Class Marina Systems.
Clark formed Atlantic Marina Services in 1982 and went on to acquire Thompson
Flotation in 1986 and Meeco International in 1993. Clark sold his controlling interest in
Atlantic- Meeco in 1999.
Notable clients include Donald Trump, the Sultan of Brunei, major construction
companies and municipalities.
Harbormasters perceptive commitment to designing and building unique waterfront
projects makes them a natural choice as development partner where complex waterfront
design issues are present. The firm specializes in Mega Yacht, large vessel, and floating
wave attenuators projects as well as complex anchoring designs.
The Harbormaster System is the result of twenty five years of building floating
systems for seasoned marina owners and operators. By perceptively listening to and
responding to their client's wants and needs, the principals of Harbormasters International
have applied their experience obtained from building over 600 marinas worldwide. Modern
marina facilities are vital amenities to many major waterfront developments. They are an
extension of the movement throughout the world to access waterways and revitalize ports
and harbors for recreational use.
Harbormasters International sets the industry standard by providing showcase
marina systems to successful waterfront developments. Throughout the world,
MIIINII MAIINI
COfUTlUmON INC
~Rll:lN MAIUNE GR~UI'
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Harbormaster Marina Systems are performing every day. They have proven their muscle in
hurricane conditions and met the high traffic demands of daily marina use. The
Harbormaster's exceptional record of durability results in it being specified by leading world-
wide design and engineering firms. The Harbormaster's ability to meet infinite loading and
design requirements makes it a natural choice for any waterfront project.
The Harbormaster System is the strongest and most functional marina system
available, making it also the most desirable.
MlSlNIR MARINI
CONSTRUCTION INC
ORIOl\ll\l!JUllNI! GROUP
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
2.2 Key Individuals
% of time
Name Title and Role to be
dedicated
John Whalen Misener Marine VP & Manager Tampa, Project 25
Director
Mark Valenti Misener Marine, Project Manager 100
Larry Duggan Misener Marine, Construction Manager 100
Angela Tucker Misener Marine, Project Engineer 75
Clint Seance Misener Marine, Field Engineer 100
Todd Stockberger Halcrow Senior VP & Regional Director, Design 25
Phase Project Director
Andy Schofield Halcrow Principal Engineer, Design Team Lead 75
Lake Ray III Halcrow PE, Marina Consultant 25
Patrick Daniell Halcrow PE, Electrical Design Lead 75
Bill White Halcrow PE, Mechanical/Plumbing Design Lead 75
Simon Burchett Halcrow Senior Engineer, Rockwork Design 75
Lead
Christopher Clark HarborMasters PE, Dock System Design Lead 75
Steve Dial Dial Cordy Partner, Permitting Support 50
Jerry Cordy Dial Cordy Partner, Permitting Support 50
The key personnel's experience resumes can be found at the end of this section.
The Misener Marine-Halcrow Team organization chart can be found in Section 1.1.
MlJIND MARINI
CONSTIumON INC
ORION MJUliNE G1UHlP
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MISENER MARINE
CONSTRUCTION INC
ORION MARINE GROUP
JOHN W. WHALEN
Vice President and Tam a Area Mana er
Summary of Qualifications
Currently Vice President and Tampa Area Manager with previous assignment as Senior Project Manager,
Risk/Safety Manager, Project Manager and Project Engineer. Mr. Whalen has over 23 years experience
in the heavy civil marine construction of bridges; docks and piers; foundation piling, bulkheads and
breasting dolphins, outfalls and pipelines.
Academic Credentials and Trainina
B.S., Building Construction, University of Florida, 1975
State of Florida General Contractor#CG C010213
General Lines & Life & Health, Property & Casualty
Insurance license Class 218 & 220, #262-11-5608
Emplovment Historv
Vice President & Tampa Area Manager, Misener Marine Construction, Inc. 2006 - Present
Senior Project Manager, Misener Marine Construction, Inc. 1998 - 2006
1983 -1998 Twin Industries Inc., Clearwater, Florida
As Contractor/Owner in renovations and remodeling of residential and commercial projects.
1991 - Present Anchor Insurance Agency, Clearwater, Florida
As Owner and licensed Florida insurance agent. Licensed all lines of healthllife, property and casualty
insurance. Duties included marketing all facts of insurance as well as maintaining accounts.
1983 - 1991 Anchor Commercial Construction
Owner and sole proprietor of a commercial construction company..
1975 -1983 Misener Marine Construction, Inc., Tampa, Florida
As Project Manager, Project Engineer and Superintendent for various projects in Florida and abroad which
included negotiating business with subcontractors, owners and government regulatory agencies.
Relevant Experience
Berth 3 Bulkhead Improvements, Tampa Port Authority, Tampa, Florida
Installation of new sheetpile bulkhead system including demolition of existing bulkhead, installation of new
sheetpile bulkhead with cap, sacrificial anodes and double bit bollards, steel soil anchors for sheetpile
bulkhead, and earthwork. Approximate value: $2.8 million.
Hookers Point Earthwork/Berth 213 Backland, Tampa Port Authority, Tampa, Florida
Extension of Phase I of Berth 213 improvements. Movement of approximately 400,000 CY of existing fill
at the south end of Hookers Point. Approximate value: $3.9 million.
Berth 213 Improvements, Tampa Port Authority, Tampa, Florida
Construction of a new deep water wharf with adjacent 11-acre cargo yard. Work includes excavation,
earthwork, incidental dredging, installation of bulkheads and anchorage systems, lighting, crane rail
foundation and electric, storm drainage, water and electrical distribution systems, backfill compaction and
paving. Approximate value: $13.2 million.
JOHN W. WHALEN
Page Two of Two
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Berths 250-252 Improvements, Tampa Port Authority, Tampa, Florida
Excavation and removal of 3.5 acres of existing uplands; dredging of removed area to -34.5'; installation
of 2,000' of new bulkhead and anchor system; construction of 2,000' of bulkhead concrete encasement;
construction of a turning dolphin and walkway; installation of lighting, mechanical piping, mooring bollards
and fenders, and asphalt paving. Approximate value: $12.8 million.
Berth 5 Rehabilitation, Manatee County Port Authority, Palmetto, Florida
Reconstruction of 1300 LF of steel bulkhead wall. Demolition of existing seawall and replacement with
concrete capped steel wall. Responsible for procurement and deliveries of permanent materials, quality
control, project schedule, project submittals, payment applications, and coordination with project owner
and engineer. Approximate value: $9.2 million.
Port of Haina, Government of Dominican Republic, Santo Domingo, Dominican Republic
Enlargement and rehabilitation of a marginal wharf facility, including excavation and rock dike placement.
Approximate value $31 million.
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MISENER MARINE
CONSTRUCTION INC
Summary of Qualifications
15 years experience in the heavy civil marine construction industry as both a Professional Engineer and a
Certified General Contractor in the State of Florida. Experience includes all phases of construction;
including planning, design, environmental permitting, construction, construction inspection, and project
management of numerous waterfront projects, along with construction of various waterfront structures
and dredging. Project types include pile driving of concrete, steel pipe, HZ King Pile and PZ sheets,
drilled shafts, wet-form concrete placement and mass concrete placement, and heavy P401 asphalt
placement. Experience also includes the upkeep and utilization of heavy civil marine construction
equipment; which includes cranes, tugs, barges, digging and re-handling buckets, excavators, loaders
and bull-dozers.
Academic Credentials and Trainina
Master of Science of Civil Engineering (MSCE) - Structures, Vanderbilt University
Bachelor of Engineering (BE) - Civil Engineering, Vanderbilt University
Professional Engineer/ Florida #52136
Certified General Contractor/ Florida #1508477
PADI/ Certified Diver
16 Hour Phosphate OSHA Safety Training
24 Hour Mine Safety and Health Administration (MHSA)
Emplovment Historv
2007 -Present
2004-2007
1993-2005
Project Manager - Misener Marine Construction, Inc.
Operations Officer, Heavy Civil Marine Contractor - Victory Marine, LLC
Senior Project Manager, Port Engineering - URS Corporation
Relevant Experience
Significant Constructed Heavy Civil Projects
Mosaic New Wales Facility, Mulberry, Florida
Pile driving operation to install 14-inch square sixty-foot long prestress concrete
piles for new Turbine Generator facility. Significant level of strict safety/facility
requirements were required to perform project. Site difficulties included
constricted work area, and excessive background noise and heat from adjacent
industrial facilities. Approximate value: $400,000.00.
Spoil Island 2-D Improvements, Tampa Port Authority, Tampa, Florida
Pile driving operation to install steel pipe piles for new weir structure. Project
requirements included mobilizing all equipment onto island from barge. All piles
required minimum of one welded splice. Approximate value: $290,000.00.
Spinnaker Cove Dredge, Tampa, Florida
Mechanical dredging operation accomplished by clamshell bucket of silt, sand,
and rock. Project included use of 9260 American, spud barge, deck and hopper
barges, tug, and loader for trucking operation. Standard turbidity and manatee
protection was required. Approximate value: $550,000.00.
Naval Facilities, Ft. Lauderdale, Florida
Provided engineering services to provide design build procurement documents to modify the 200 linear
foot Navy wharf near the entrance of Port Everglades. Completed underwater inspection, preliminary
design of bulkhead and mooring structures. Reviewed design build engineers design drawings and
calculations.
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Significant Engineering Design Marine Projects
Truman Harbor, NAF Key West, Florida
Project Engineer, structural/marine engineering, and construction inspection for
4,000 linear feet of new and rehabilitated deepwater bulkhead, reconfiguration of
the harbor entrance, partial replacement of a 365-foot-long concrete pier, and full
replacement of utilities including high-voltage power, potable water, bilge waste,
and sanitary waste capable of support of seven naval vessels simultaneously.
Assisted US Navy, Southern Division, with procuring all environmental permits.
Provided construction phase services. Approximate value: $15 million.
Tampa Port Authority Berths 249-252, Port of Tampa, Florida
Marine Engineer for redevelopmenUreplacement of 2000 linear feet of deepwater
bulkhead (-34 MLW). The project redeveloped the facility as a multipurpose
terminal, accommodating cruise ships, roll-on/roll-off vessels, light general cargo
ships and cruise/ferries. The project included: full environmental permitting with
mitigation, environmental limited site assessment, navigation and ship interaction
studies to evaluate bulkhead realignment, turning dolphin, storm tie-down
structures, storm water system with treatment for 55 acre upland site, steel kingpile
system with cathodic protection and heavy load rated apron. Special design
criteria included the protection of manatees and new Florida Port security
requirements. Provided onsite construction services. Approximate value: $12.9 million.
Cargill Marine Terminal, Alafia River, Florida (never constructed)
Marine Engineer for modification and expansion of loading / berthing facilities and the turning basin at the
Alafia River Harbor. This two-phase project for Cargill Fertilizer involved modification of the existing berth
and construction of a new berth to
accommodate both Handy and Panamax class vessels. The pier design
consisted of a pile supported cast-concrete rail supports over water joined by a
precast plank and topping system. This structure was designed for an elevation
of -43MLW.
Trident Wharf, Port Canaveral, Florida
Provided full structural analysis of the pile supported concrete wharf. Developed simplified criteria method
for Navy to use to assess any mobile crane, fork lift, HS truck or mobile missile carrier to operate on the
wharf. The Trident Wharf is a deep water facility utilized by the naval vessels and submarines.
Fleming Key Bridge, Key West Naval Air Station, Florida
Repairs to 340 foot-long bridge, which included pile and dolphin rehabilitation, repair of the sheet pile
seawall below the bridge, and replacement of navigation channel lights.
Performed underwater inspection of existing conditions, developed contact
documents and provided construction services. Approximate value: $5 million.
US Army Reserve Rattlesnake Point, Tampa, Florida
Designed various marine structures and full environmental permitting to modify the existing facility to
accommodate four LCU 2000's (173 foot Army Landing Craft). The design included: 185 foot long
concrete finger pier, mono-pile turning/mooring structures, storm bollard, M-1 battle tank rated concrete
RO-RO ramp and storm water oil water separator for mitigation. A portion of the construction was
performed by the Army Reserve units and the pier was construction by Misener
Marine. Approximate value: $650,000.00
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MISENER MARINE
CONSTRUCTION INC
ORION
Summary of Qualifications
Project Manager for Misener Marine Construction, Inc., employed with the company since January 1988
(includes employment tenure with Inter-Bay Marine Construction). Prior project experience includes
sheet pile installation & repair, concrete formwork, ship berth construction, mechanical dredging, coastal
restoration, power & pipeline installation, pier & jetty construction, and other related marine projects.
EmDlovment Historv
Project Manager, Misener Marine Construction, Inc., Tampa, FL
Superintendent, Misener Marine Construction, Inc., Tampa, FL
2006-Present
2002 - 2006
Primary responsibilities have focused on providing marine project leadership and direction. Duties have
included coordinating project plans & goals, scheduling construction work activities, managing the
movement of marine equipment, providing construction oversight, interfacing with field personnel,
troubleshooting & resolving issues, and helping to ensure successful project completion and close out.
Superintendent, Inter-Bay Marine Construction, Tampa, FL, 1988 - 2002
Project Manaaer Relevant Project EXDerience
St. Petersburg Pier 5, City of St. Petersburg, St. Petersburg, Florida
Concrete pile driving, pour cast in place caps and install precast deck slabs. Timber pile driving and
installation of rub rails. Approximate value: $2 million.
Vinoy Marina Rehabilitation, SCS Hotels, Inc., St. Petersburg, Florida
Demolition of existing floating dock structure. Concrete pile driving, pour cast in place caps and install
precast deck slabs. Timber pile driving and installation of fenders and cleats.
Approximate value: $4.5 million.
Sparkman Channel Dredge Widening, Tampa Port Authority, Tampa, Florida
Dredging of the Sparkman Channel to aid in navigation of shipping traffic. Approximately 81,000 CY of
material dredged and placed in the Port's dredge material disposal island.
Approximate value: $9.3 million.
SUDerintendent Relevant Project EXDerience
YEAR
2006
2005/2006
2004/2005
2002/2003
2001/2002
1999/2000
1999
1998
1998
1997
PROJECT DESCRIPTION
Berth 26
Cement Import Terminal Pile Foundation
Marjorie Park Yacht Basin Improvements
FY '02 Dredging
Coffee Pot Bayou Seawall & North Basin
FY '99 Dredging
Farmland Hydro Seawall
Santa Rosa Sound Crossing
Subaqueous Water Line
Artificial Reef
OWNER/CONTRACTOR
Tampa Port Authority
Gaetano Cacciatore, Inc.
City of Tampa
Tampa Port Authority
City of St. Petersburg
Tampa Port Authority
Pakhoed Dry Bulk Terminals
Santa Rosa County
FL Comm Svcs -Walton City
City of Venice
1997
1996
1996
1996
1995
1995
1995
1995
1995
Artificial Reef #M-13
SR 699 Seawall
Transmission Line Repairs in FL Bay
Berths 1, 2, 3, & 4 Repairs
Subaqueous Cable Crossing
Marina Fishing Pier
Curtis Hixon Dock
Subaqueous Power Lines
Tarpon Canal Pipe Crossing
Sarasota County Government
FL Dept. of Transportation
Florida Keys Electric Co-op
Tampa Port Authority
Florida Power & Light
City of Clearwater
City of Tampa
Sarasota County Government
Pinellas County
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MISENER MARINE
CONSTRUCTION INC
ORION GRGUP
Summary of Qualifications
Estimator for one year with transition to Project Engineer.
EmDlovment Historv
Estimator - Misener Marine Construction, Inc., 2006 - 2007
Academic Credentials. Trainina. Licensina & Societies
University of South Florida
Bachelor of Science in Civil Engineering - Structural
Graduation, May 2007
E.1. Certification, Engineering Intern Exam passed - October 2006
Relevant EXDerience
2007 - present
Misener Marine Construction, Inc.
Estimator
Performed estimates for all work types for domestic and foreign projects. Attend pre - bid meetings,
reviewed plans and specifications, perform quantity take-offs, and worked on bidding projects. Create
estimates in Heavy Bid Software and schedules in Primavera.
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MISENER MARINE
CONSTRUCTION INC
ORION
CLINTON L. SEACE
Field En ineer
Summary of Qualifications
An experienced project engineer with 1 year of experience in the heavy civil marine construction industry
and 8 years of commercial mechanical construction. Possess a vast amount of hands-on knowledge and
practical experience in heavy construction, as well as all phases of heavy civil work, and the operation of
various equipment. Also, a certified ACI Concrete Field Testing Technician - Grade 1 and a FOOT
Certified Concrete Field Inspector.
Academic Credentials and Trainina
The Pennsylvania State University - '94-'98
Major: Physics
ACI Concrete Field Testing Technician
Grade 1
FOOT Certified Concrete Field Inspector
Emplovment Historv
Field Engineer, Misener Marine Construction, Inc.
Sheet Metal Mechanic/Foreman, The Fairfield Company
Relevant Experience
January, 2007 to Present
Misener Marine Construction, Inc., Tampa, Florida
Belleair Beach Causeway Bridge Replacement Project, Belleair Bluffs, Florida
Construction of a new 70 feet tall bridge over the intercoastal waterway. Installation of 127 drill shafts,
7,500 C.Y. of substructure concrete, and setting of 105 concrete beams. Approximate value: $25 million.
1999 to January, 2007
The Fairfield Company, Lititz, Pennsylvania
West Chester Music Building
Construction of a new 4 story building (100,000 sq. ft.) in the shape of a grand piano. Complete with a
300 person auditorium with full stage, library, and a 2 story art gallery.
Sheet Metal Mechanic and Foreman. Rigging and setting of all rooftop air handling units (10 tons each);
Design and installation of ductwork systems; concrete pad layout and pouring.
Approximate value: $10 million.
Merck Office Expansion
Construction of a new 5 story building (360,000 sq.ft.) attached to an existing office building via a single
hallway. Complete with a 4 story atrium cafeteria located in the center with a full kitchen, executive
offices, and a new steam substation building adjacent to the new building.
Sheet Metal Head Foreman/Superintendent. Management of 30-40 person workforce; rigging Foreman
of all rooftop air handling units (30 tons each); Safety Foreman in charge of OSHA compliance;
scheduling of materials and equipment; layout for underground manholes and trench boxes.
Approximate value: $9 million.
E.L.C.O. Middle School Renovation
Renovation of the entire building (95,000 sq.ft.) and installation of all new heating/mechanical systems.
Sheet Metal Head Foreman. Rigging and setting all air handling units; concrete pad layout and pouring
supervision. Approximate value: $5 million.
Penn State Thomas Auditorium Expansion
Construction of a new 3 story lecture auditorium attached to the existing Thomas Classroom Building.
Installation of all heating/mechanical systems.
Sheet Metal Apprentice. Design and installation of ductwork. Approximate value: $6 million.
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Penn State Life Sciences Building
Construction of a new 6 story classroom/laboratory building (300,000 sq.ft.) connected to existing
Chemistry Building via enclosed elevated 2 story walkway. Installation of all heating/mechanical systems
including stainless steel exhaust systems, 2 cooling towers, 85 exhaust hoods, and six 30,000 Ibs. air
handling units.
Sheet Metal Mechanic/Mechanical Penthouse Foreman. Rigging and setting of all air handling units,
cooling towers, etc. (20,000-30,000 Ibs. each); concrete pad layout and pouring.
Approximate value: $14 million.
Penn State Chemistry Building
Construction of a new 6 story classroomllaboratory building (290,000 sq.ft.) complete with 82 laboratory
rooms, 160 offices, and 42 classrooms. Installation of all heating/mechanical systems including 190
exhaust hoods with entire stainless steel exhaust lines, four 2 story air handling units, and four 1 story
air handling units.
Sheet Metal Mechanic/Foreman. Rigging and setting all air handling units.
Approximate value: $15 million.
Penn State 1ST Building
Construction of a new classroom/office building (260,000 sq.ft.) complete with 3 lecture auditoriums, 50 ft.
Wide pedestrian walkway elevated over existing 4 land roadway. Installation of all heating/mechanical
Systems including relocations of 800 feet of 12 inch diameter steam piping.
Rigging and setting of all trench boxes. Approximate value: $13 million.
Penn State Beaver Stadium Expansion
Construction of 3 stories of new luxury skyboxes and new 20,000 seat addition to Penn State's Beaver
Stadium. Installation of all heating/mechanical systems including 4 full kitchens, radiant floor heating
systems and exhaust systems.
Sheet Metal Foreman. Picking/rigging operations with 100 ton crane; design and installation of ductwork.
Approximate value: $13 million.
Penn State White Building Renovation
Renovation of existing White Building gymnasiums and classrooms, and construction of a new 3 story
addition (18,000 sq.ft.). Installation of all heating/mechanical systems, 3,600 sq.ft. swimming pool, and
4,000 sq.ft. gymnastics training area.
Sheet Metal Apprentice. Rigging and setting of air handling units. Approximate value: $34 million.
Penn State HUB Building Renovation
Renovation of existing Hetzel Union Building and construction of a new 180,000 sq.ft. 5 story addition
with a 4 story atrium. Installation of all heating/mechanical systems.
Construction Laborer. Approximate value: $15 million.
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TODD STOCKBERGER, P.E.
Design Services Project Director
Registration
Licensed Professional Engineer - States of FL, SC, KS, Puerto Rico, and the u.s. Virgin Islands
Experience Summary
More than 20 years of diversified experience in marine and coastal engineering. Responsibilities have included national and
international marine and coastal projects for private and public industries, as well as all levels of govemment agencies.
Specializes in providing planning, permitting, design, inspection, project management, and construction management
services - including design-build services. Project experience includes oceanographic studies, data collection, and design,
investigation, and repair of marine and coastal projects. Experience in the management of all aspects of these projects
including design, permit acquisition, environmental impact statements, bid document preparation and evaluation,
community involvement, and construction management.
Mr. Stockberger is a Senior Vice President of HP A and the Regional Director of HP A's Southeast Region, which includes
the Southeastern US, the Caribbean, and Latin America.
Credentials
Purdue University
M.S., Civil/ Ocean and Coastal Engineering
B.S., Civil/Structural Engineering
ASCE's Shore Protection Systems standard committee
Association of Coastal Engineers
Founding Board of Directors Member
Key Projects
. UNI1ED STA1ES (Florida): Ft. Myers Yacht Marina Rehabilitation Project, Principal-in-Charge. Redesign and
rehabilitation of the Fort Myers Yacht Basin located in Fort Myers, Florida. Tasks included design development of
steel sheet pile bulkheads and seawalls, concrete pile supported piers, timber fender and mooring piles, and fire
water, potable water, sanitary and fuel piping and utilities. Innovative design features are being implemented to allow
for water flushing throughout the marina creating an environmentally favorable marina.
. UNI1ED STA1ES (Florida): Hernando Beach Channel Improvement, Principal-in-Charge. Maintenance dredging
and navigational improvements of a 12,700 ft entrance channel which provides access to the Gulf of Mexico for
recreational and commercial fishing vessels. The entrance channel will be dredged to a design depth of -6 ft MLLW
removing approximately 77,000 cubic yards of sand and rock. HP A performed the dredging and dredge material
management designs, provided project costs, and evaluated sedimentation rates for estimating future dredging
requirements.
. UNI1ED STA 1ES (Florida): MacDill Air Force Base Shoreline Restoration and Waterfront Development Project,
Principal-in-Charge. Shoreline stabilization study to identify the erosion mechanisms and to develop appropriate
design solutions along 2.5 miles of shoreline. The study included a planning phase and design phase. During the
planning phase, HP A evaluated the coastal processes and identified the primary sediment transport mechanisms.
The design phase implemented the master plan design concepts, including engineered shoreline revetments, a series
of rubble mound jetties (for security purposes), beach fill, and creation of a tidal pond. HPA provided project costs,
generated plans and specifications for the final design, and submitted all related permits to the appropriate
regulatory agencies.
. UNI1ED STA1ES (Tampa, Florida): Tampa Port Authority On-Call General Engineering Services, Program
Director. General Engineering Service responsibilities include civil, structural and marine engineering. Specific
assignments include planning and feasibility studies, structural and underwater inspections, final design and bid
document preparation, permitting, cost estimates, services during construction, and other miscellaneous engineering
services as may be needed. '
. UNI1ED STA1ES Oacksonville, Florida): Jacksonville Port Authority On-Call Engineering Services, Program
Director. Projects include marine engineering services for all port facilities, waterfront structures, maritime security
services, pavements, dredging, building construction, railworks, above water and underwater inspections.
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TODD STOCKBERGER, P.E.
Design Services Project Director
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. PUERTO RICO: Pier and Wharf Rehabilitation and Design, Project Manager. Inspection, planning and design of
repairs for Puerto Rico Ports Authority's Pier 12 Extension, the inspection of Piers 11 through 14, and for the
design of 2,400lf of new wharves. As part of this project HPA also completed a security assessment of Piers 11
through 14 and evaluation of the port's security plan.
. UNITED STATES (South Carolina): Port Security Program, Program Director. South Carolina State Ports
Authority Security Analysis and Design Consulting Services. Project includes review of existing and future port
security requirements, the assessment of existing facilities and supporting communications infrastructure, the
development of a preliminary security improvement plan, detailed design and construction phase services of the
new security system, and assistance in pursuing additional federal security grants.
. CAYMAN ISLANDS: Pier Rehabilitation, Project Manger. Inspection and design of repairs for the general cargo
and rol ro piers at Cayman Brac for the Cayman Islands Port Authority. HP A also provided construction phase
services for this project.
. CAYMAN ISLANDS: Structural Rehabilitation, Project Manager. Inspection, planning, design of repairs, and
construction phase services for the Cayman Islands Port Authority at Georgetown following damage by severe
storms and a hurricane.
. CAYMAN ISLANDS: Port Security Assessment, Program Manager. Security assessment for Cayman Islands Port
Authority of all government owned marine facilities within the Cayman Islands.
. UNITED STATES (Massachusetts): Weaver Cove Energy's New LNG Receiving Terminal, Project Manager. The
project included the planning and design of a new LN G receiving terminal along with a dredging and disposal
program, which included the dewatering and beneficial reuse of the dredged materials. Dredging of the
approximately 3 million cubic yards of maintenance and parent material was required to allow safe passage of LNG
vessels via a Federal Navigation Channel and for the creation of new turning basin.
. TRINIDAD: Detailed Coastal Engineering Studies, Program Manager. Detailed coastal engineering studies
associated with Atlantic LNG's Point Fortin facility. The studies include a significant field data collection
program. Numerical modeling is being carried out to determine the impacts (erosion), if any, caused by
development of the area and another modeling effort is being completed to evaluate the stability of adjacent
beaches. HP A is also evaluating beach nourishment alternatives for both Guapo Beach and Clifton Hill.
. UNITED STATES (Miami, Florida): Port of Miami's $110 million Redevelopment Program, Project Manager.
Services include project management, design, and construction phase services for a new cruise berth, two new
container terminals (including the associated crane rails, pavement, lighting, electrical, and upland stacking areas), a
new refrigerated container storage area, a new cargo gate complex (fully automated and consisting of 18 gates
serving all of the Port's container operations), three new port maintenance facilities, port-wide mooring
improvements, and security improvements for each of the 30+ projects within the Redevelopment Program.
. UNITED STATES (Tampa, Florida): Tampa Port Authority Marine and Civil Engineering Services On-Call
Contract, Project Manager. Services have included above and underwater inspections, studies, analysis, repair
recommendations, designs of repair, cathodic protection design, master planning, Ro-Ro ramp analysis and design,
and engineering for new piers, breasting and mooring dolphins, fender systems, bulkheads and coastal engineering.
. TRINIDAD: Coastal Engineering Studies, Project Manager. Extensive coastal engineering modeling, studies,
evaluations, and recommendations for BP Trinidad. Phase I services led to Phase II design of repair services
which will include a new seawall and a beach nourishment project.
. UNITED STATES (punta Gorda, Florida): City of Punta Gorda's On-Call Engineering Services, Project
Manager. Projects included inspection of the Hendrickson dam, design of repairs to the Hendrickson dam,
Cathodic Protection design of marine structures, and inspection and repair of shore protection structures.
. ST. CROIX: New Coke Dock Facility, Project Manager. Design of a new coke dock facility in St. Croix for
Hovensa. The new dock facility consists of two breasting dolphins, four mooring dolphins, a radial crane runway
for the shiploaders, and a gangway. The facility was also equipped with a cathodic protection system.
. UNITED STATES (illinois): North Point Marina project, Project Manager. Determined cause of breakwater
deterioration through coastal engineering study. Evaluated original design and construction, assessed current
condition, performed sediment transport analysis, and recommended maintenance program and repairs.
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ANDREW SCHOFIELD
Design Project Manager and Marine Design Engineer
Experience Summary
Extensive coastal and maritime project management experience includes numerous coastal erosion/flood defense
schemes across the range of project lifecycles including: coastal strategies, option studies, preliminary and detailed design,
tender and contract documentation, site supervision and contract administration. Port sector project management
experience includes large container port developments and marine supply base facilities.
Experience in the specification, project management and supervision of projects involving dredging works.
Responsibility for economic appraisal of coastal protection and flood defence schemes. Preparation of technical reports
and presentation of business cases to support coast protection schemes for the purpose of justifying grant aid and
promoting best value for money. Risk assessment of coastal vulnerability due to erosion and flooding. Planning and
supervision of coastal data gathering and field surveys, including topographic, bathymetric, geotechnical, sediment
sampling and similar studies. Specification and management of numerical modelling studies investigating wave
conditions, tidal conditions and sediment transport at coastal sites.
Credentials
Bristol University
BEng Civil Engineering (Hons)
Member of the Institution of Civil Engineers
P ADI advanced open water scuba diver
Key Projects
. City of Eustis Downtown Masterplan. Management of marine engineering inputs to master planning project
involving the construction of a new marina and associated facilities.
. Port Orange Riverwalk and Marina. Management of marine engineering inputs to City master planning project.
. Freeport Harbour Mining Project, project manager. Head office management support for $30million dredging
project for deepening the existing harbour basin for future container terminal expansion.
. Flagler Beach Sand Search, project manager. Co-ordination of geotechnical, geophysical, environmental and
engineering effort in study to locate, quantify and specify a suitable source of beach nourishment material for the
City of Flagler.
. ]azan Economic City Port Feasibility Study. Prepared coastal desk study that included an assessment of coastal
design parameters, meteorological conditions and shoreline impacts for a proposed new port development on the
southern Red Sea coast of Saudi Arabia.
. Development of a Bathing Beach at Lung Mei Wan, Hong Kong, project manager. Prepared designs for rock
groyne protection and beach recharge for a bathing beach development in Hong Kong.
. Santa Monica Beach Nourishment Project. Supervised studies into the need for and means to provide beach
nourishment to the beaches within Santa Monica Bay, California. Study included assessment of causes and historical
rates of coastal erosion, sampling and testing of beach sediments and potential nourishment sources.
. Southwold Coastal Frontage Scheme, project manager. Managed production of project appraisal report, detailed
design, contract documentation (ECC Option C) and on-going construction supervision for a [7million scheme
involving rock and timber groynes, beach recharge and flood embankment works. Responsible for all aspects of
study that included condition assessments, process modelling, surveys, environmental statement, scheme option
development, economic assessment, extensive public consultation, planning consent and licence applications.
. ] aywick Sea Defenses, project manager. Under the Environment Agency's NEECA framework agreement,
responsible for preparation of detailed design and contract documentation for a scheme involving the construction
of an offshore reef with beach recharge.
. Easton Broad Project Appraisal Report, deputy project manager. Preparation of project appraisal report and coastal
engineering inputs to an environmentally-led project involving the construction of a set-back embankment defence
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ANDREW SCHOFIELD
Design Project Manager and Marine Design Engineer
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in a SSSI and SPA designated habitat.
· Southern and Central Felixstowe Coastal Strategy, project manager. Preparation of a coastal strategy plan for the
Felixstowe coastal frontage including coastal process study, economic and strategic assessment of scheme options to
Defra appraisal guidelines, and preparation of an environmental impact assessment.
· Shoreham to Lancing Sea Defences, project manager. Prepared project appraisal report to Defra guidelines in
support of grant application. Undertook detailed design and preparation of contract documentation (ECC Option
D) for scheme comprising thirty-three rock groynes and beach recharge. Undertook head office PM duties during
construction phase of three-phase works programme (total works contract value: [,17million).
· Shoeburyness Sea Defence Strategy Study and Flood Risk Assessment, project manager. Prepared statement of
requirement, condition statement and option/strategy study for the MoD that included assessment and hydraulic
analysis of existing defences, identification, cost estimate and risk analysis of sea defence options, and future defence
strategy recommendations to Defra guidelines. Flood risk assessment included hydrodynamic modelling, financial,
environmental and H&S risk assessments.
· Fingringhoe Ranges Strategy Study, project manager. Prepared option/ strategy study for the MoD that included an
assessment and hydraulic analysis of existing defences, identification, cost estimate and risk analysis of sea defence
options, and future defence strategy recommendations in accordance with Defra guidelines.
· Freeport Container Terminal, Grand Bahama, deputy project manager. Assisted in the preparation of design and
construct tender documentation and project management for an estimated [12.5m extension to an existing
container terminal development. Undertook preparation of a condition report on the existing facilities.
· Port of Balboa, Panama, deputy project manager. Assisted in preparation of tender documentation and project
management for a [31 million design and construct container terminal development at an existing port in Panama.
Responsibilities included drafting of employer's requirements and participation in tender appraisal process.
· Obhur Creek Development, Saudi Arabia, project manager. Responsible for setting-up, budget allocation,
monitoring and supervision of work packages for additional design works.
· Urban Infrastructure Project, Belize City, coastal works design engineer. Undertook detailed design, production of
specifications and bills of quantities for coastal protection works for three coastal towns in Belize.
· Doha Dhow Marina Study Report, Qatar, assistant engineer. Prepared report and preliminary design drawings for
alternative marina and breakwater layout options. Study involved investigation of site conditions including waves,
water levels and water quality, discussion of marina requirements, derivation of various layout options and
recommendations on the preferred scheme.
· Belize Urban Infrastructure, Coastal Engineering Report, assistant engineer. Assisted in the preparation of a report
on coastal erosion problems in Belize. The causes of the erosion were investigated and preliminary designs prepared
for works required to prevent further erosion, for three coastal towns. Further involvement included production of
mapping from military sources, identification of historic coastal erosion trends and production of cost estimates for
different coast protection schemes.
· UK: Dover West Beach, Kent, assistant engineer. Bi-annual topographic and hydrographic remeasurement survey
of Dover west beach in conjunction with Dover Harbour Board, to determine any changes in beach proftle as a
result of the Channel Tunnel construction project. Research into historical beach proftles to ascertain safe erosion
limits for the sea wall.
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LAKE RAY, III, P.E.
Senior Structural Engineer/Marina Specialist
Registration
Licensed Professional Engineer - State of FL
Experience Summary
Mr. Ray has over twenty-five years of experience in marine, coastal, petro-chemical and civil engineering. Professional
experience includes the management and design of bulkheads, docks, piers, marinas, boat ramps, dredging, breasting dolphins,
mooring dolphins, gasoline storage terminals, chemical storage terminals, product receipt and distribution lines, tanker truck
loading racks and numerous residential, commercial and industrial developments. The project management work includes
defining the scope of work, evaluation of the site conditions, environmental permitting, preliminary planning, budget analysis,
value engineering, construction design plans, specifications, document management, contract administration, and public
involvement activities.
Credentials
University of Florida
B.S., Civil Engineering
Key Projects
. Project Manager for the on-call General Engineering Services Contract for the Jacksonville Port Authority. General
Engineering Projects and responsibilities include marine engineering services for all port facilities, maritime security
services, inspection, design and construction supervision. The role includes the management and coordination of twelve
specialist sub-consultants.
. Riverpointe Marina, Project Manager. 128 slip recreational boat marina on the StJohns River in downtown Jacksonville.
The marina will be incorporated into the Jacksonville Riverpointe riverwalk development. Providing permitting, marina
layout and planning, design services, preparation and submission of applications for environmental permits to state and
federal agencies, including agency liaison and client representation during the application review and approval process.
. Mayport Marine. Project engineer for a dry stack and wet slip marina in Mayport. The scope of services included the
design of approximately 300 If of industrial grade bulkhead, floating dock system, site planning, structural design of dry
stack boat system, and environmental permitting.
. Amelia Island Marina. Project engineer for a dry stack and wet slip marina on Amelia Island. The scope of services
included the design of approximately 2,000 If of commercial grade bulkhead, floating dock system, site planning,
structural design of dry stack boat system, and environmental permitting.
. Villas Continental Marina, Project Manager. 87 slip recreational boat marina on the St Johns River in Orange Park,
Florida. Services include marina layout and planning, dredging design, bulkhead replacement, site planning, preparation
and submission of applications for environmental permits to state and federal agencies, including agency liaison and client
representation during the application review and approval process. Challenges in the project include the handling of
dredge spoil as well as accommodating manatees.
. Program Director for MOL/Trapac Terminal at Jacksonville Port Authority. Project scope of services include the design
of approximately 2400lf of steel bulkhead, container terminal facilities and development of 150 acre site. The services
include coordination, planning, design and environmental permitting.
. Project Manager for inspection, study, detailed design and contract administration of replacement marine terminal
facilities for Shell Oil Lubricants in Charleston, South Carolina.
. Project Manger for the inspection permitting and design of floating dry dock berth and support maintenance pier at
Atlantic Dry Dock in Jacksonville, Florida. HP A will also provide construction phase services for this project.
. Shipyard Place. Project Director. Redevelopment of the bulkhead and marine facilities at the old Jacksonville Shipyard.
The scope of work included the design of all bulkhead (approximately 5,000 If) and marine features in the conversion of
the industrial shipyard to a residential commercial development. Mr. Ray was responsible for the design of waterfront
structures and features.
. Crowley Liner Services. Project Manager for the Jacksonville industrial marine facilities. Project engineer for various
marine and terminal developments at Lake Charles, Louisiana, Petty, Island New Jersey, San Juan, Puerto Rico and other
Caribbean terminals. The scope of work includes bulkhead design, ship berth design and maintenance, ship fender
systems, terminal layout, regulatory compliance, structural analysis and facilities planning. Managing engineer for marine
LAKE RAY, III, P.E.
Senior Structural Engineer/Marina Specialist
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projects at Crowley's Jacksonville terminal since 1984.
· Project Manager for the inspection, planning and preliminary design for the redevelopment of the Ford Motor Plant
Facility. The design services included the planning of condominium conversion, replacement of industrial bulkhead and
marine terminal in Jacksonville, Florida.
· Commodore's Point Terminal. Project Manager for bulkhead replacement at Tangent 'D' and 'E' (approximately 3,000lf)
under the Hart Bridge. Scope of services included the replacement of the bulkhead, regulatory permitting and re-
development of the terminal including berth design for US Navy rapid deployment vessels. Remains active in the
maintenance of the ship berth depth through numerous dredging projects.
· Chevron-Texaco Terminals. Project manager for the ship berth facilities in Jacksonville, Tampa and Panama City. Scope
of services included the design of industrial bulkhead (approximately 5,000 If), receiving docks, breasting dolphins,
mooring dolphins, fender systems and ship berth maintenance (dredge maintenance). Additionally, Mr. Ray managed the
design of terminal product distribution systems, above ground storage tanks, vapor recovery systems, tanker truck loading
racks and regulatory compliance for the referenced terminals plus Port Everglades, Montgomery, Alabama, Birmingham,
Alabama, Collins, Mississippi, Ft. Worth, Texas and Tyler, Texas. Remains actively involved min maintaining the ship
berth at Jacksonville and Panama City.
· Fernandina Marine Terminal. Project engineer for the container terminal designed for the4 Nassau County Ocean
Highway and Port Authority. The design included a 1,000-foot marginal container wharf, gantry crane system, ship
fender system, ship berth maintenance plan, terminal site development planning, regulatory compliance and federal grant
writing. Mr. Ray later became the project manager for the development of the Fernandina International Tradeplex for the
Port Authority, which currently houses the Georgia Pacific Southeastern distribution center.
· Atlantic Dry Dock. Project Manager for the design of a new ship service pier, replacing an existing structure. The scope
of services include the structural design of the pier, gantry crane accesses, electrical and mechanical services, bulkhead
replacement, environmental permitting and ship berth design for a new dry dock. Also involved with minor marine
related projects, site development projects and general master planning at the shipyard.
· Occidental Chemical Corporation. Project engineer for the phased expansion of the ship berth terminal. Design
included approximately 800 If of bulkhead, marine breasting cells, mooring dolphins and ship berth maintenance
(dredging) .
· Motiva (Shell Oil). Project engineer for the replacement of the receiving dock at Tampa. Scope of work included
structural design of the dock, breasting dolphins, mooring dolphins, ship fender system, receipt piping and ship berth
design. Currently project manager for the redesign of a new fender system at the terminal.
· Project Manager for the study, design and contract administration of two bridges for Oyster Bay Development. The
project included the redesign of a roadway for drainage modification, stormwater management planning and two concrete
bridges in Fernandina, Florida.
· Project Manager for siltation studies and report for the Jacksonville Electric Authority in Jacksonville, Florida. The
project included sediment studies, hydrographic surveys and modeling of channel flow.
· Project Manager for the design and development of a 900 acre development for Deep Creek Plantation. The scope of
services included surveying, permitting, zoning and planning, wetland mitigation stormwater management, engineering
and two timber bridges in Nassau County, Florida
· Project Manager for the design and development of a 89 acre development for Light House Point. The scope of services
included surveying, platting, permitting, zoning and planning, wetland mitigation stormwater management, water
distribution system, and engineering in O'Neil, Florida
· Program Director for the permitting new bulkhead and two new dry dock piers and berth for Atlantic Dry Dock. Scope
of services included preparation of permit documents, permit review and coordination with regulatory agencies,
administrative hearings and expert testimony.
· Project Manager for berth restorations following hurricane events for Chevron Products Terminal in Panama City,
Florida. The scope of work included emergency evaluation, hydrographic surveys, permitting, plans and contract
administration.
· Owens Coming Fiberglas. Project Manager for a new receipt dock at the Jacksonville terminal. Scope of services
included the structural design of the dock, fender system, breasting dolphins, mooring dolphins, environmental
permitting, ship berth planning, demolition plan and receipt piping.
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BILL WHITE, P .E.
Mechanical Engineer
Registration
Licensed Professional Engineer - States of of NY, CT and RI
Experience Summary
Extensive and varied experience in the management of design and construction phase services for industrial and commercial
projects. Office management of an architectural firm including financial projections/cost management, systems management,
project tracking, client relations, and sales/presentations and quality control. Design and consulting for specialty HV AC and
mechanical systems; experience with off-shore projects: Germany, Canada, Spain, Puerto Rico, Mexico, Costa Rica and Russia;
experience in numerous fast track assignments completed on time, and with budget and profit control.
Credentials
Polytechnic Institute of Brooklyn
B.S., Mechanical Engineering
Key Projects
. Lead Mechanical Engineer for the Phases III and IV design of wharf improvements and berth deepening at Maersk's Port
Elizabeth terminal. Work involved design and review of mechanical utilities, including expansion of sanitary sewer and
portable water facilities. Also included wharf extension and storm water drainage system.
. Lead Mechanical Engineer for the schematic designs of a major new port facility at Kalifa, UAE. The systems for this 3,000
acre grass roots facility include bunkering of oil for shop supply, container handling, break bulk materials handling, steam,
potable water, fire water, storm drainage sanitary waste and waste treatment and containment of hazardous materials.
. Lead Mechanical Engineer for the preparation of permit application, detail design, procurement specifications and a
construction bid tender package for upgrading Dock 2 at the Valero Refinery in Paulsboro, N.J. The dock will be upgraded
to handle a wide range of product barges and ships up to 135,000 DWT. The scope of work includes renovation of the
existing shoreline bulkhead, a new loading platform, breasting dolphins, mooring points, a roadway /pipeway access tresde,
walkways, loading arms, product and utility piping, and topside equipment. The facility will be designed to permit
construction in phases to maintain operations at two adjacent berths. Piping systems deliver products to nine loading arms.
Support systems include steam water and ftre protection systems. Additional equipment included gangway/crane and
capstans.
. Lead Mechanical Engineer for the extension of two new piers with associated piping systems for the Pier Complex Upgrade at
Naval Weapons Station Earle, Cots Neck, NJ. Systems include fire protection, potable water, steam, sanitary drainage.
Reviewed shop drawings and responded to contractor requests for information. Also provided engineering support during the
construction phase.
. Lead Mechanical Engineer for the reconfiguration of Dry Dock 8 at the Norfolk Naval Shipyard, Portsmouth, VA. Systems
design included a 15,000 GPM pumping system for dry dock drainage, compressed air, potable water, sanitary sewer and fire
water.
. Lead Mechanical Engineer for the front end engineering design for the Ras Laffan Port Expansion Project for Qatar
Petroleum. This mega project includes 5 new LNG berths, 8 new liquid petroleum berths, 4 new small tanker berths, a
container terminal, tug and support berths, a Navy/Coast Guard facility and the onshore infrastructure (security, roads,
power, ftrewater, utilities, buildings, etc.). The work included product handling and mechanical utilities systems.
. Lead Mechanical Engineer for the FEED for a new LNG berth, tresde, and tug facility associated with the Costa Azul
LNG Terminal Expansion Project in Baja, Mexico for Sempra Energy. The berth is designed to accommodate LNG
carriers up to 250,000 cubic meters capacity. The work included product handling and mechanical utilities systems.
. Lead Mechanical Engineer for the design, drawings, and specifications for $30 million reconstruction of Pier 86 for USS
Intrepid Sea, Air & Space Museum. Scope of work includes mechanical utilities, new steel pipe piles, precast prestressed
concrete framing and deck, fendering, and mooring appurtenances.
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PATRICK DANIEll, P.E.
Electrical Engineer
Registration
Licensed Professional Engineer - States of CT, CA and FL
Experience Summary
More than twenty years of diversified electrical engineering experience in power and lighting distribution design for industrial
facilities including marine, industrial, commercial, and residential projects. Also extensively involved in the design and testing of
cathodic protection and grounding systems. Experienced in engineering design software including programs for data calculation and
analysis, lighting systems, power distribution, and drawing design.
Credentials
University of New Haven
B.S., Electrical Engineering (Cum Laude)
National Association of Corrosion Engineers
Corrosion Technician
Key Projects
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Intermodal Ferry Terminal, N ew York, NY. Lead Electrical Engineer for waterfront engineering services for the Pier 79
West Midtown Ferry on the Hudson River in New York. The new terminal building is supported on a rehabilitated pier.
A floating ferry landing accommodates six ferries of various dimensions and configurations (side loading and end
loading). The work included drawings, specifications for a cathodic protection system.
Lead Electrical Engineer for the provision of waterfront and civil engineering services for Berth 230 for the Port of Tampa
in Tampa, FL. The work assignments under this contract have included the planning and design of piers, wharves, and
bulkheads; shoreline protection; cargo terminal facilities; roll-on/roll-off facilities; dredging of channels and turning basins;
material handling systems; drainage systems; heavy pavements; electrical and mechanical systems; and cathodic protection
systems. The work included drawings, specifications for power, lighting and cathodic protection.
Pier Replacements, New York, NY. Lead Electrical Engineer for Tallman Island Replacement of Piers 1 and 2 for the
Department of Environmental Protection Bureau of Wastewater Treatment. This project consisted of demolition and
replacement of two interconnected piers. The utilities on the piers had to be maintained by re-routing the utilities on a
temporary pipe bridge during construction. The work included drawings, specifications for power, lighting, and cathodic
protection.
Dock Upgrade at Residence ofT.D. O'Malley, Greenwich, CT. Providing detailed design for the repair and upgrade of a
dock at the island residence ofT.D. O'Malley in Greenwich, CT. The scope of work included inspection and the design
of a new dock structure, which the client required to blend into the natural surroundings. The work included drawings,
specifications for power and lighting.
F & M Schaefer Brewing Company site, Brooklyn, NY. Providing design services for the reconstruction of the
waterfront and all public areas at the site of the former F & M Schaefer Brewing Company in Brooklyn, NY for the New
York City Economic Development Corporation. The work included drawings, specifications for power, lighting, and
cathodic protection.
69th St Pier Replacement, Brooklyn, NY, lead electrical engineer. Lead electrical engineer for the preparation of the
detailed design and construction documents for the replacement of the existing 69th Street Pier in Brooklyn, NY. The
dilapidated, timber structure was demolished and replaced with a new recreational pier occupying the same footprint.
The project included the design of electrical power and lighting as well as a potable water supply system and provisions
for future sanitary line installation on the pier.
Pier 79 West Midtown Ferry, Manhattan, NY, lead electrical engineer. Lead electrical engineer for waterfront engineering
services for the Pier 79 West Midtown Ferry on the Hudson River in New York. The new terminal building will be
supported on a rehabilitated pier. A floating ferry landing will accommodate six ferries of various dimensions and
configurations (side loading and end loading). The work included drawings, specifications for a cathodic protection
system.
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PATRICK DANIEll, P.E.
Electrical Engineer
· Recreation Pier on West Side of Manhattan, NY. Performed the design work for a new recreation pier located on the
West Side of Manhattan. The new structure is a multi-level, 700 ft long by 60 ft wide, composite concrete structure that
replaces a dilapidated, ftre-damaged timber pier. The design and construction of the basic structure (not including
architectural amenities) was finished in accordance within an aggressive schedule of seven months. The work included
drawings, specifications for power and lighting. The project was completed for the Trump/New World Organization.
· Hudson River Waterfront Rehabilitation, Irvington, NY, electrical engineer Electrical engineer for the preparation of the
waterfront corrosion protection design for the rehabilitation of the Hudson River waterfront in Irvington, NY. The
design involved the provision of a sacrificial anode system for protection of the sheet pile seawall. The work was
completed for the Village of Irvington.
· Hudson River Waterfront Rehabilitation in Greenwich Village, Manhattan, NY, electrical engineer Electrical engineer
for the design for the rehabilitation of Manhattan's Hudson River waterfront in Greenwich Village. The project included
the demolition and detailed design of four piers and the inspection and design of repairs for 3,300 ft of historic
bulkhead. Working in conjunction with a landscape architect and various community groups, the completed project will
be a public recreation area including pedestrian areas, sports areas, and water access. The project was completed for the
Hudson River Park Trust. The work included drawings, specifications (power) and lighting.
· Electrical Engineer for the planning, design and assistance during construction of electrical systems for marine facilities to
upgrade a very large seven berth container terminal for Maersk-Sealand at Port Elizabeth, New Jersey. The existing electrical
system was upgraded and expanded to twice its former size to accommodate a total of 18 modem container cranes which
are amongst the largest manufactured. The final buildout and crane installation will take place over a period of many years
but the expansion of the electrical facilities was planned and designed during the this project's work. The substation design is
to accommodate a total of 40 MV A of power with 30 MV A installed as of this date and a new underground power
distribution system installed for the full final buildout. The work also includes cathodic protection systems for approximately
6000 feet of new wharfage.
· Lead Electrical Engineer for detailed design for the Dry Dock No.8 extension at the Norfolk Naval Shipyard, Portsmouth,
Virginia, with construction cost estimated at approximately $30 million. The scope of work includes design of a new arched
headwall within the curve of the existing crane rails, installation of piles to support a new floor slab, relocation of utility
services (fresh water; water for fue protection, cooling, and flushing; low-pressure compressed air; high-pressure steam;
sanitary sewer and oily water/waste oil collection), and new paving as required. In addition, a new drainage pump will be
installed for increased cooling and flushing requirements for the nuclear vessels.
· Provided engineering services for the planning, design, and construction supervision for the Haifa Port expansion project.
The work for this major project includes a 500 m extension of the existing main breakwater, construction of 2,200 m of
quays, roll-on/roll-off ramps, dredging and reclamation of 100,000 sq m of land, and the addition of container, general
cargo, and dry bulk terminals. Dredging to widen and deepen the approach channel and turning basin is also included to
accommodate the largest Post-Panamax container ships and modem high capacity cargo and coal vessels. Future, staged
development will ultimately increase the capacity of the Haifa Port to 20 million tons of cargo annually. The work included
drawings, specif1cations for power, lighting, and cathodic protection. The work was completed for the Ports and Railways
Authority.
· Conducted a feasibility study, final design and tender documents considering operational, oceanographic, weather, logistic,
and economic aspects of expanding the Port of Moin in Costa Rica by adding a new berth to increase liquid bulk transfer
capacity. The study considered the addition of either a new offshore mooring system or a fixed pier berth within the harbor.
Based upon terminal simulation studies and economic analysis, the fixed berth option was selected and the detailed design
was prepared. The new berth will accommodate 80,000 dwt vessels and is protected by an existing breakwater, which is
being extended 200 m to provide sufficient shelter for the new berth. The work included drawings, specif1cations for power
and lighting. The work was performed for Recope.
· Finalized the plan and performed the detail design of the infrastructure for the development of the Port of Houston
Authority's Bayport container terminal. This program is the fust phase of a 1,050-acre Bayport Terminal Complex that
consists of a 680-acre container terminal complex, a 100-acre cruise terminal complex, and 230 acres of light industry. The
680-acre container terminal includes a 6,000 ft wharf, a container storage yard, an intermodal rail yard, truck gate facilities,
and thirty new support buildings. The 90-acre intermodal yard accommodates six 28-car unit trains on a combination of
storage and working tracks. The work includes all civil, structural, and utility work as well as pavement design and the
selection of operations and communication systems. The work included drawings, specif1cations for power and lighting.
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lIa/crow
SIMON BURCHETT, C.Eng.
Marine Design Engineer
Registration
Registered Chartered Engineer
Experience Summary
Expertise in the application and interpretation of physical and mathematical models, analysis and design of coastal
structures and beach management schemes, strategic planning and economic assessment, tender and contract preparation
and evaluation, reporting and presentation, Project Management, and market intelligence and bid preparation.
Credentials
University of Plymouth
BEng (Hons) Civil and Coastal Engineering
Member of Institution of Civil Engineers, MICE
Member, PIANC - International Navigation Association
Key Projects
. City of Eustis Downtown Masterplan. Marine engineering inputs to masterplanning project involving the
construction of a new marina and associated facilities.
. Port Orange Riverwalk and Marina. Marine engineering inputs to City masterplanning project.
. Saraya Islands and Marina, UAB. Responsible for management of engineering inputs for detailed design of shore
protection, offshore islands and marina.
. Market sector manager, coastal. Responsible for coordinating skill group resources and prospect management for
the Middle East.
. Hotel between the Bridges, project manager. Design and tender assistance for artificial beaches and shore
protection associated with a 5 star hotel development in tidal channel.
. Private Marine Expansion, Fujairah, project manager. Concept and detailed design and construction documents for
expansion of a small private marina on the east coast ofUAE.
. Sharjah Coastal Monitoring, project manager. Beach and bathymetric survey programme with periodic analysis
against influencing factors including coastal processes and construction activities.
. La Ville Contemporaine, marine team leader. Multi-disciplinary infrastructure project to create additional waterfront
real estate for commercial, residential and tourism use.
. Failaka Island Tourism Park, project manager. Design competition to support real estate investor to win a BOT
contract to develop a small island offshore of Kuwait City. Subsequent detailed design and numerical modelling of a
piled pier and dredged channel to service high speed catamarans and private vessels.
. Khor Qurm Infrastructure Works, marine team leader. Multi-disciplinary infrastructure implementation for
waterfront development around inshore lagoon system and beach frontage for leisure and tourism development.
. Land Reclamation for Doha International Airport, project engineer. Design and tender assistance for coastal
elements of major reclamation project for new international airport for Qatar involving around 60 million m3 of
reclamation and 14 km of revetment.
. Wave Modelling & Overtopping Improvements at Qasr Al Alam, project manager. Mathematical wave modelling,
feasibility studies, design, tender and supervision of a private harbour and sea defences at the palace of His Majesty
Sultan Qaboos.
. Jebel Ali 'L' Numerical Modelling, deputy project manager. Extensive mathematical modelling to determine
environmental impact of major new power and desalination plant on the Dubai coast, with particular consideration
to the influence of Palm Island, supervision and review of physical modelling and design.
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Ha/crow
SIMON BURCHETT, C.Eng.
Marine Design Engineer
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. Jumeirah Shore Protection Works, project manager. Mathematical modelling, analysis and design, construction
drawings and supervision for two private revetments in Dubai.
. Das Island Land Reclamation, project manager. Mathematical modelling, concept studies, design and construction
drawings, tender assistance for land reclamation schemes to provide additional space for development of LPG plant
on Das Island in the central Arabian Gulf.
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. GCC Conference Palace Hotel, project engineer. Mathematical modelling, analysis and design, construction
drawings and supervision services for landmark Hotel to host GCC conference 2004 in Abu Dhabi.
. Al Yasat Ali Island Works, project engineer. Mathematical modelling, analysis and design, construction drawings
and supervision services for new harbour including breakwaters, slipways and quay walls on remote private island in
the southern Arabian Gulf.
. Dibba Harbour and Beaches, project manager. Mathematical modelling, analysis and design, construction drawings,
tender and contract documents and construction supervision for new harbour and residential area on reclaimed land
on north-east coast of UAE with contract value of around [,14 million.
. Bidiya and Dadna Fishing Harbours, project manager. Concept studies, mathematical modelling, analysis I design,
construction drawings, tender I contract documents and construction supervision for two traditional fishing
harbours on the east coast of the UAE.
. EPC of Harbour Jetty Upgrade at Dukhan, project manager. Detailed design and production of construction
drawings under fast-track design and build programme for leisure harbour reconstruction on west coast of Qatar.
. Various minor projects, project engineer. Involved with numerous projects ranging from concepti feasibility stage
to detailed design and construction. Developed understanding of local conditions and forcing factors.
. AI Muntazah Bathing Safety Study, project manager. Coastal process study to identify hazards and quantify
associated risks to swimmers.
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. Kalba Corniche Improvements, project manager. Concept design of alternative configurations for an approximately
2km long stretch of revetment for HH The Ruler of Sharjah.
. Private Breakwaters at Dhadnah, project engineer. Modelling and design for construction of breakwaters under
design and build commission to provide sheltered bathing and high water quality levels to the private residence of
HH The Ruler of Dubai, on the east coast of the UAE.
. Corton Village Coastal Protection Scheme, project manager. Responsible for Halcrow's input as expert advisors on
a [,3 million scheme to protect an eroding cliff frontage on the East Anglian coast.
. Dungeness Nuclear Power Station Coast Protection - Annual Recharge Activities, deputy project manager.
Responsible for co-ordinating and implementing Halcrow's role in providing advice and guidance on management
of the foreshore at Dungeness, including regular surveys and inspections. (ongoing)
. Lowestoft to Thorpeness Coastal Process and Strategy Study, project engineer. Detailed investigation of coastal
processes to gain appreciation of complex sediment transport and hydrodynamic regimes along the most dynamic
section of shoreline in the UK. Appraisal of existing defences and assets, and with knowledge of natural processes,
proposals for technically viable, environmentally sustainable and economically justified management options for the
future. Promotion of the recommended strategy through presentations to the client group, major stakeholders and
wider public (the strategy has subsequently been adopted). Responsible for co-ordinating and implementing work
during the later stages of the study as well as production of final reports.
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QUALIFICATIONS OF ASSIGNED DIAL CORDY AND ASSOCIATES STAFF
Key personnel selected for this contract are experienced in preparation of environmental
permits and supporting documents (monitoring plans, mitigation plans, marine habitat
mapping and assessments) or baseline biological studies. These individuals have extensive
experience throughout Florida, as they are the coastal and marine science team responsible
for providing similar services for several Corps of Engineers projects over the past seven
years. A matrix is provided showing assigned key personnel and their capabilities. Resumes
for key personnel are provided following the matrix.
Project Team Responsibilities and Experience in Relevant Areas of Involvement
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Proposed Staff J:: C/) C/) Q~ 32CllJ.J OCQO
R. Steve Dial MS 24 . . . . . .
Principal- in Charge
Martha Robbart MS 12 . . . . . .
Project Manager, Senior
Marine Scientist
Jason Croop MS 21 . . . . . .
Marine Biologist and Dive
Master
Jerry Cordy MS 25 . . . . . .
Senior Environmental
Scientist
Jason Evert MS 13 . . . . . .
Senior Ecologist, Diver
Mike Rice MS 14 . . . . .
GIS Manager and Analyst
Duke Hunsaker BS 12 . . . .
Scientific Diver and Field
Operations Specialist
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Years Years
Name and Title Project with with Education Cert! State Specific Experience
Assignment this other Reg Held
Firm Firms
DIAL CORDY AND ASSOCIATES INC.
R. Steve Dial Project Director 11 14 M.S./Marine Biology Seagrass survey, scientific diving, environmental
President B.S./Biology/ Aquatic monitoring, preparation of monitoring mitigation
Ecology plans, identification and documentation of
environmental impacts, physical and biological
monitorinq of coastal/marine resources
Martha Robbart Project Manager .5 12 M .S./Biological Seagrass survey, scientific diving, environmental
Senior Marine Sciences monitoring, preparation of monitoring mitigation
Scientist B.A./Biological plans, identification and documentation of
Sciences environmental impacts, physical and biological
monitorinq of coastal/marine resources
Jerry Cordy QAlQC Manager 11 14 B.S.lForest Seagrass survey, scientific diving, environmental
Senior Vice President Resources & monitoring, preparation of monitoring mitigation
Conservation plans, identification and documentation of
environmental impacts, physical and biological
monitorinq of coastal/marine resources
Jason Croop Project Scientist 7 14 M.S./Wildlife Ecology Seagrass survey, scientific diving, environmental
Marine Biologist B.S,fMarine monitoring, preparation of monitoring mitigation
Science/Biology plans, identification and documentation of
environmental impacts, physical and biological
monitorinq of coastal/marine resources
Jason Evert Project Scientist 6 7 M.S.lZoology Seagrass survey, scientific diving, environmental
Senior Ecologist (Aquatic Sciences monitoring, preparation of monitoring mitigation
B.S.lBiology plans, identification and documentation of
environmental impacts, physical and biological
monitorinq of coastal/marine resources
Duke Hunsaker Boat Operator! 5 12 B.A.lUniversity of Seagrass survey, scientific diving, environmental
Field Operations Field Operation Florida monitoring, physical and biological monitoring of
coastal/marine resources
Mike Rice GIS Manager 8 7 M.S.lForested Seagrass survey, environmental monitoring,
GIS Manager and Wetland Ecology preparation of monitoring mitigation plans,
Analyst identification and documentation of
environmental impacts, physical and biological
monitorinq of coastal/marine resources
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R. Steve Dial - Principal in Charge, Senior Marine Scientist
Mr. Dial has served as the Project Manager for numerous beach restoration projects. Mr. Dial
has worked on marine related beach and inlet management projects throughout the State of
Florida since the early 1980's. This direct and long-term experience in Florida has been
instrumental in providing both technical and regulatory guidance towards accomplishing our
clients' beach management goals.
Mr. Dial has over 24 years of experience in directing or supporting water resource,
transportation, erosion control, navigation, master planning, and transportation projects in the
southeastern United States and Caribbean. He has served as Principal Investigator/Project
Manager for preparation of over 100 EAs and six EISs since 1996. He has directed over
3,000 technical projects including environmental assessments and EISs for marine related
actions; wetland delineation; wetland permitting, mitigation design, and monitoring; remote
sensing of submerged marine resources; natural resource inventories of terrestrial, aquatic,
estuarine and marine systems; and other technical or regulatory compliance studies. Mr.
Dial routinely serves as Project Manager on multidisciplinary projects involving the collection,
synthesis, and interpretation of biological, chemical, geological and other data for purposes
of addressing impacts of proposed military, water resource, development, flood control, and
navigation projects.
As President of Dial Cordy and Associates Inc., he is responsible for providing technical
direction and support to projects encompassing NEPA documentation, environmental
planning; endangered /threatened species surveys; marine biological and geophysical
interpretation; natural resource management; wetland delineations; cultural resource studies;
permitting; and wetland mitigation design, construction, and monitoring.
Academic Backaround
Bachelor of Science, Biology\Aquatic Ecology, Kent State University, 1977.
Master of Science, Marine Biology, Florida Atlantic University, 1984.
Representative Contract Manaaement Experience
Indian River County Environmental Documentation Services Contract 2002-present
Indefinite Delivery Contract for Planning and Environmental Services, Savannah District U. S.
Army Corps of Engineers, 2005- 2010.
Indefinite Delivery Contract for Environmental Assessments/Environmental Impact Statements,
Jacksonville District, U. S. Army Corps of Engineers, 1999-2005
Indefinite Delivery Contract for Environmental Planning Support for Department of the Navy,
Atlantic Division, Naval Facilities Engineering Command, 2004-2009 (with Geo-Marine Inc.)
Representative Proiect Experience
Indian River County Sectors 1 and 2 EA, Biological Monitoring, FL
Indian River County Sector 7 EA, FL
Indian River County Hardbottom Resource Mapping, FL
Brevard County Shore Protection Project Resource Mapping, FL
Hillsboro Beach Renourishment Project, Biological Survey and Assessment, FL
Indian Shores Beach Restoration Project Seafloor Mapping and Assessment, FL
Indian Shores Beach Restoration and Environmental Monitoring, FL
Indian Rocks Beach Hard-Bottom Resource Mapping and Assessment, FL
Town of Jupiter Island Marine Biological Monitoring, FL
North Redington Beach Marine Biological Survey, FL
N. Boca Raton Beach Restoration Project Assessment, FL
Ocean Ridge Beach Nourishment Project, FL
Carlin Park Restoration Project, Jupiter Island, FL
Hilton Head Island Beach Restoration Project, SC
Ft Pierce Beach Restoration Monitoring
Sebastian Inlet Comprehensive Inlet Management Plan, FL
Midnight Pass Reopening Project EA and Baseline Surveys, FL
Port Canaveral Section 203 Study and EIS, FL
Port Everglades Feasibility Study EIS and Supporting Services, FL
Palm Beach Harbor and AIWW Section 107 Study EIS, FL
Everglades Modified Water Release EIS, FL
Palm Beach County Harbor and AIWW Seagrass Mapping Project, FL
Miami Harbor Channel Deepening Environmental Baseline Study and EIS
Pinellas County Beach Program Marine EBS, EAs and Monitoring Programs, FL
Port Everglades Inlet Management Plan, FL
Port of Miami Dredging Project -Environmental Management and Monitoring, FL
Port of Miami Seagrass Mitigation Plan
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Martha Robbart - Senior Marine Scientist/Project ManagerlTechnical Writer
Ms. Robbart leads the Dial Cordy and Associates Inc. South Florida office as Senior Marine
Scientist and Project Manager. She has over 10 years experience in a variety of technical
and managerial tasks. Her experience is associated with the management, collection and
analysis of data, preparation and technical writing of biological assessment reports. Ms.
Robbart has participated in numerous projects throughout the southeast, Gulf of Mexico and
Caribbean involving the biological assessment of habitats including seagrass, coral reef and
wetland environments, preparation of technical documents, including impact analyses,
wetland assessments, permitting, mitigation site selection, and interagency coordination.
She has a good understanding and practical experience with regulations pertaining to
Section 404 of the Clean Water Act, the Endangered Species Act, and state wetland
regulations including the Coastal Area Management Act.
Ms. Robbart is the Senior Marine Scientist and Project Manager for the South Florida office.
Projects she has managed or overseen include environmental assessment preparation;
endangered species monitoring, surveys, and management planning; wetland delineation,
permitting, mitigation, and monitoring; and agency coordination.
Ms. Robbart has extensive experience in performing environmental impact assessments,
natural resource mapping, coral reefs assessments, wetland delineations, benthic analyses,
protected species surveys, and application of Uniform Mitigation and Assessment Method
(UMAM). She is particularly adept with benthic organism identification and has conducted
benthic studies of estuarine and offshore areas all along the southeastern Atlantic Coast,
Caribbean and in the Gulf of Mexico. As a coral reef biologist and ecologist Ms. Robbart was
employed as an Expert Witness by the U.S. Courts in St. John's U.S.V.1.
Academic Backaround:
2002 M.A. in Biological Sciences, Smith College, Northampton, MA, Thesis title "Population
dynamics and differential heat shock protein expression in two Caribbean scleractinian
corals, Agaricia agaricites and A. tenuifolia"
1997 A.B. in Biological Sciences, Smith College, Northampton, MA, Major: Biological
Sciences, Minor: Marine Science.
Professional Affiliations/Certifications:
National Association of Environmental Professionals
Sigma Xi
International Society for Reef Studies (ISRS)
Representative Proiect Experience
. Flower Garden Banks National Marine Sanctuary Monitoring, Gulf of Mexico, Minerals
Management Service (MMS) and National Oceanic and Atmospheric Administration
(NOAA). (Ongoing)
. Post-hurricane assessment of Sensitive Habitats in the vicinity of the Flower Garden
Banks (Ongoing).
. Florida Department of Environmental Protection Best Management Practices for Coastal
Construction (Ongoing).
. Guantanamo Bay, Cuba reef assessment (Ongoing).
. Expert Witness in coral reef biology and marine resources in U.SV.I (Ongoing).
· Vieques, Puerto Rico - Transplantation of seagrass for U.S. Navy (Completed 2006).
· Puerto Rico Reef Assessment for the U.S. Navy (Completed 2005).
. Port Everglades proposed channel widening Project (Ongoing).
· Broward County Beach renourishment biological assessment (Ongoing).
· Coastal Construction Control Line permit compliance support (Ongoing).
· Secondary effects of an algal bloom on seagrass populations in Florida Bay (Ongoing).
· AT&T Cable Coral Monitoring, Broward County, Florida (Completed).
· St. Lucie Airport Runway Expansion - Environmental Impact assessment and
Environmental Resource Permit (ERP) Application support (Ongoing).
· Florida Keys Water Quality Environmental Impact Study (EIS) (Completed).
· Florida Bay White Paper, South Florida Water Management District (SFWMD).
(Completed).
. St. Joseph Airport Mitigation, Panama City, Florida (Completed).
. Harbour Isles, Fort Pierce, Florida (Completed).
· Submerged Aquatic Vegetation Survey, Ichetucknee River, Florida (Completed)
. Jensen Beach Causeway (Completed).
. Biscayne Landings, Miami, Florida (Completed).
. Las Olas Marina, Fort Lauderdale, Florida.
. Seaquarium, Miami, Florida.
. SR State Road 80, Fort Worth, Florida.
. Indian Street Bridge, Martin County, Florida (Completed).
. Florida Keys Programmatic Environmental Impact Study (PElS) (Completed).
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Jerry Cordy - Vice President, Senior Environmental Scientist
Major emphasis on supervising staff and project management. Mr. Cordy received his PADI
Open Water Certification in June 1989. Since certification he has logged over 500 hours of
bottom time in recreational and scientific diving. Scientific diving has included seagrass
surveys, dredging assessment, hardbottom mapping and photodocumentation, and reef
monitoring. Mr. Cordy has contributed his expertise on marine related projects requiring
side-scan sonar survey, hardbottom mapping, and marine resource mapping, inventory, and
assessment. Specific responsibilities have included side-scan sonar interpretation,
hardbottom!reef mapping, biological assessments! inventories of soft and hardbottom
communities, and anchor damage assessments in hardbottom communities.
Academic Backaround:
Bachelor of Science, Forest Resources and Conservation, University of Florida, 1980
Federal Wetland Delineation Course, National Wetland Science Training Cooperative, 1989
Wetland Soils and Hydrology Course, Wetland Training Institute, 1990
ReDresentative Proiect EXDerience:
Pinellas County Shore Protection Project Comprehensive Marine Resource Mapping of
Proposed Borrow Areas and EA, FL
Jupiter Inlet, Atlantic Intracoastal Waterway Seagrass Assessment Jupiter, FL
Palm Beach County Harbor and AIWW Seagrass Mapping, Biological Impact
Assessment, Mitigation Plan, and Section 7 Evaluation
Palm Beach Harbor!Port Everglades Marine Seagrass Survey of the Atlantic Intracoastal
Waterway, Palm Beach County, FL
Virginia and Dinner Keys Benthic!Seagrass Surveys, FL
Indian River County Beach Preservation Plan (NEPA and Environmental Support
Contract), FL
West Indian Club Environmental Assessment Report, Grand Cayman, B.W.I.
Port Everglades Harbor and Channel Deepening Project, Seagrass Assessment, for
Jacksonville District
Arecibo Harbor Hardground Assessment (Multiple Projects) for the Jacksonville District,
ACOE
Rio Descalabrado, Puerto Rico, Natural Resource Assessment for the Jacksonville
District, ACOE
Miami Harbor Environmental Baseline Survey for the Jacksonville District, ACOE
Fort Pierce Marine Resource Monitoring for the Jacksonville District, ACOE
Marine Biological Baseline Survey for Ecological Risk Assessment, Roosevelt Roads
NAS,PR
West Indian Club, Grand Cayman, Bahamas
Cross Bay Sewer Main Marine Resource Damage Assessment, Biscayne Bay, FL
Vero Beach Marine Resource Mapping and Assessment, FL
Manatee Watch Program for Acosta Bridge Demolition, Jacksonville, FL
Clearwater Harbor and St. Joseph Sound Seagrass Mapping Project, FL
Turks and Caicos Islands Ecological Characterization
Guana Wildlife Management Area Saltmarsh Restoration Plan, FL
North Key Largo Marine Resource Characterization and Mapping
Key West Seagrass Survey, FL
NAS Roosevelt Roads Oil Spill Marine Resource Damage Assessment, P. R.
Grand Turk Island Marine Resource Mapping Project, Turks and Caicos Islands
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Jason Croop- Marine Biologist and Dive Team Manager
Mr. Croop has over ten years experience managing and conducting marine field
investigations. He has worked on technical projects involving remote sensing of submerged
marine resources; mitigation design and monitoring; environmental assessments and impact
statements; natural resource inventories of terrestrial, aquatic, estuarine and marine
systems; and other regulatory compliance studies. Mr. Croop routinely serves as Project
Manager on multidisciplinary projects involving the collection, synthesis, and interpretation of
marine biological, chemical, geological and other data for purposes of addressing impacts of
proposed coastal engineering, flood control, and navigation projects.
Mr. Croop serves as the diving safety officer for Dial Cordy and Associates. He is a PADI
Master Scuba Diver Trainer and has logged over 2000 hours of diving. Mr. Croop conducts
all projects that include scientific diving for marine resource mapping and inventory, coral
reef and seagrass assessments, and beach erosion and renourishment.
Mr. Croop is responsible for project management, fieldwork, and technical writing for all
marine resource projects. Past experience includes the identification of marine plant and
animals, data interpretation/analysis, and preparation of technical reports and presentations.
Project experience includes seagrass and marine hardbottom assessments, threatened and
endangered species management, benthic sampling, reef fish surveys, and coral reef
damage assessment within the southeastern United States and Caribbean. Mr. Croop's
duties include characterizing marine habitats and associated biological communities,
determining the extent of hard bottom and reef habitat with video and diver surveys as well as
side scan sonar, conducting submerged aquatic vegetation surveys and density, cover, and
abundance determinations.
Academic Backaround
Masters of SciencelWildlife Ecology and Conservation/1996
Bachelors of Science/Marine Science/1995
Professional Trainina
SCUBA/PADI Master Scuba Diver Trainer, 1997
SCUBA/PADI Scuba Diver, 1991
Representative Proiect Experience
Indian River County Sectors 1 and 2 EA, FL
Indian River County Sector 7 EA, FL
Indian River County Sectors 1 and 2 Marine Biological Monitoring, FL
Indian River County Hardbottom Resource Mapping, FL
Ft Pierce Shore Protection Project Biological Monitoring, FL
Stump Pass Sand Transfer Project Biological Monitoring, Lee County, FL
Amelia Island Shore Protection Project Borrow Area Survey and EA, FL
Midnight Pass Reopening Project EA and Permitting, FL
Miami Harbor Dredging Project Environmental Monitoring and Management, FL
Phipps Park, Palm Beach- Beach Nourishment and Erosion Control EIS, FL
Suwannee River\Dixie County, Environmental Baseline Survey, FL
Brevard County Shore Protection Nearshore Hardbottom Mapping, FL
Cumberland Shoals, GA. Dredging Feasibility Study Resource Assessment, FL
Pine lias County Shore Protection Project Comprehensive Marine Resource Mapping of
Proposed Borrow Areas and EA, FL
Miami-Dade County Test Beach Nourishment EA, FL
Pensacola Beach Nourishment Project Borrow Area Survey and EA, FL
Palm Beach County AIWW Seagrass Mapping Project, FL
Gulf Shores Beach Restoration Project Video Survey and EA, AL
Miami Harbor Deepening EIS, FWS Coordination Act Report, Biological Assessment,
404(b)(1) Evaluation, Mitigation Plan, and Environmental Baseline Survey, FL
Port Everglades Expansion EIS, FWS Coordination Act Report, Mitigation Plan,
Environmental Baseline Survey, Reef Survey, FL
Savannah Harbor Federal Channel Sediment Survey, GA
Military Ocean Terminal, Sunny Point Sediment Survey, GA
Dare County Shore Protection Project Marine Resource Survey, NC
Virginia Key Shore Protection Project Seagrass Monitoring, FL
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Jason Evert- Senior Ecologist
Mr. Evert serves as a project manager, fisheries biologist, and aquatic scientist for Dial Cordy
and Associates Inc. In this capacity, he has provided plan formulation and environmental
analysis for four ecosystem restoration feasibility studies (Section 1135 and Section 206),
prepared NEPA documents, conducted environmental resource studies, and prepared
analytical study reports for civil works projects. Mr. Evert's background includes a wide
variety of marine, aquatic, and terrestrial work. His past academic emphasis on population,
community, and system ecology is augmented by expertise in the taxonomy of fish,
amphibians, reptiles, and aquatic and terrestrial vegetation, and by proficiency in data
management and analysis. He has sampled resources in a full array of environments,
including uplands, marshes, swamps, lakes, streams, canals, rivers, estuaries, beaches, and
reefs. Most projects have included water, fish, and benthic sampling. In addition to numerous
USACE projects shown below, his past experience has included the coordination of field
efforts for Florida's Inshore-marine Monitoring and Assessment Program (IMAP); field
operations for the fisheries-independent monitoring program of the Florida Marine Research
Institute; and assistance with a statewide investigation of the ecology of Florida lakes for the
Florida Fish and Wildlife Conservation Commission's Wildlife Research Laboratory.
Academic Backaround
Continuing Education (Conservation Biology). University of North Florida. 2001.
Continuing Education (Botany). University of Florida. 2000.
M.S. Zoology. University of Florida. 1999.
B.S. Biology (Cum Laude). Hope College. 1993.
Relevant Proiect Experience
. Miami Harbor Improvements Feasibility Study Fish and Wildlife Coordination Act Report
. Indian River County Sectors 1 and 2 Project Biological Monitoring
. Port Everglades Expansion Feasibility Study Fish and Wildlife Coordination Act Report
. Hernando Beach Entrance Channel Permitting and Mitigation Planning
. Lido Key Shore Protection Project Study Fish and Wildlife Coordination Act Reports
. Palm Beach Harbor Deepening Feasibility Study Fish and Wildlife Coordination Act
Report
. Mill Creek Ecosystem Restoration Project Aquatic Baseline Survey
. Stevenson Creek Ecosystem Restoration Project Aquatic Baseline Survey, Fish and
Wildlife Coordination Act Report, Wetland Delineation, and Environmental Benefits
. Jackson Creek Ecosystem Restoration Project Feasibility Study ERR
. Longwood Cove Ecosystem Restoration Study Aquatic Baseline Survey and Plan
Formulation
. Shoal Creek Ecosystem Restoration Study Aquatic Baseline Survey and Plan
Formulation
. Brunswick Harbor Dredged Spoil Sediment Assessment
. Alabama Beach Mouse EIS and Cumulative Impact Assessment for U.S. Fish and
Wildlife Service
. Miami Harbor Improvements Marine Resources\Marine Mammal Test Blast Monitoring
Plan
. Port Everglades Marine Resources\Marine Mammal Test Blast Monitoring Plan
. Miami Harbor Improvements Biological Assessment
. Port Everglades Reef Group Coordination
. Pinellas County Shore Protection Borrow Area Study
. Midnight Pass Aquatic Sampling & Fish Studies, Sarasota County, FL.
· FFWCC Florida Imperiled Fishes Distributional Study: Snail and Spotted Bullhead
· SJRWMD Lower St. Johns River, FL Submerged Aquatic Vegetation Monitoring
· Miami Harbor, FL, Expansion Environmental Impact Statement, FWS Coordination Act
Report
. USACE Jax District Port Everglades, FL, Expansion Environmental Impact Statement,
FWS Coordination Act Report, Mitigation Plan, Environmental Baseline Survey, and
Impact Analysis
. USGS Exotic Aquatic Species Assessment, Hillsborough County, FL
. Port Everglades Expansion Feasibility Study
. Pinellas County Ecosystem Restoration Project
. Port Everglades Reef Group Coordination
. Gulf Sturgeon Studies for U.S. Geological Survey, Biological Resources Division
(Suwannee and Levy Counties, Florida)
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Mike Rice- GIS Manager and Analyst
Mr. Rice serves as GIS Manager and Graphics Operator for Dial Cordy and Associates Inc.
His primary responsibilities include integrating GPS, field, and other data sources to produce
a variety of GIS map products, which synthesize and analyze spatial data, and GIS database
acquisition and management. He also conducts field evaluations of wetland mitigation
projects. Mr. Rice supervises terrestrial and marine GPS/navigation data collection and
incorporation of GIS data/imagery from a variety of CADD and GIS platforms including
MicroStation, AutoCad, and ArcView. He serves as a scientific diver and marine operations
specialist for marine resource surveys and monitoring programs, and has served in this
capacity on Indian River County projects for four years.
Academic Backaround
MS, 1997, Forested Wetland Ecology; BS, 1993, Forestry
Representative Proiects
. Indian River County Marine Resource Trend Analysis, FL
. Pinellas County Borrow Area Study GIS Database and Spatial Analysis, FL
. Environmental Baseline Surveys, Resource Mapping, and Spatial Analysis for over 100
Projects for Corps of Engineers Contracts, FL, GA, AL, NC, SC, TN, PR
. Charlotte & Sarasota Counties Beach Renourishment EA Natural Resource Mapping
. Stump Pass Sand Transfer Project, Sarasota County, FL. Sea Grass Monitoring
. Midnight Pass, Sarasota County, FL. EA
. Phipps Park, Palm Beach, FL. Beach Nourishment and Erosion Control EIS
. Suwannee River\Dixie County, FL. Environmental Baseline Survey
. Indian River County, FL. Beach Renourishment EA
. Indian River County, FL. Sectors 3, 5 and 7 Marine Biological Monitoring
. Brevard County, FL. Nearshore Hardbottom Mapping
. Cumberland Shoals, GA. Dredging Feasibility Study, Natural Resource Assessment
. Pinellas County Marine EBS and Monitoring Program for Three Beach Restoration
Projects, FL
. Pinellas County Offshore Borrow Area Characterization, Borrow Area Study, FL
. North Redington Beach Marine Biological Survey, FL
. Suwannee Marine Resource Assessment, FL
. Hernando Beach Channel Characterization Study, FL
. Palm Beach County Harbor and AIWW Seagrass Mapping, Biological Impact
Assessment, Mitigation Plan, and Section 7 Evaluation
. Miami Harbor Channel Deepening Environmental Baseline Study, General Re-Evaluation
Report EIS, FL
. Port Everglades Inlet Management Plan, Navigation Improvements EBS, GIS Mapping,
DEIS, and Mitigation Plan, FL
. Indian River County Beach Preservation Plan (NEPA and Environmental Support
Contract), Beach Management Plan, FL
. Lido Key Shore Protection Study, FL
. Amelia Island Shoreline Stabilization Study, FL
Pensacola Beach Nourishment, FL
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Duke Hunsaker- Scientific Diver and Field Technician
Mr. Hunsaker serves as technical director of field operations for Dial Cordy and Associates
Inc. In this role, Mr. Hunsaker oversees the logistics of field operations and equipment
management. Recent project involvement includes large scale monitoring efforts following
beach nourishment and dredging activities in Indian River County, FL, marine resource
mapping and seagrass assessment in Port Everglades, Miami Harbor, Sarasota County, Lee
County, Duval County, Ft. Pierce, and the panhandle of Florida. Mr. Hunsaker is a certified
Divemaster and serves on Dial Cordy and Associates Scientific Dive Team and has logged
over 1000 hours dive time. Mr. Hunsaker has over 20 years of experience in small boat
handling and equipment operation and maintenance. Mr. Hunsaker also has extensive
management training and has managed projects involving over 200 employees.
Academic Backaround
BA, 1983, University of Florida
Reoresentative Proiects
Indian River County Sectors 1 and 2 EA, FL
Indian River County Sector 7 EA, FL
Indian River County Sectors 1 and 2 Marine Biological Monitoring, FL
Indian River County Hardbottom Resource Mapping, FL
Miami Harbor, FL, Expansion Environmental Impact Statement, FWS Coordination Act
Report, Biological Assessment, 404(b)(1) Evaluation, Mitigation Plan, and Environmental
Baseline Survey
Port Everglades, FL, Expansion Environmental Impact Statement, FWS Coordination Act
Report, Mitigation Plan, Environmental Baseline Survey, and Impact Analysis
Pinellas County Shore Protection Project Comprehensive Marine Resource Mapping of
Proposed Borrow Areas and EA, FL
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
2.3 Ability to Perform
Relevant project summaries demonstrating the Misener Marine-Halcrow Team's
ability to perform projects similar to the design build services for the City of Clearwater
downtown boat slips can be found on the pages that follow.
MIIINII MARINI
CONITIUnlON INC
ORION MAIlINE GROUP
Ila/crow
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MISENER MARINE
CONSTRUCTION INC
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
SPECIFIC PROJECT EXPERIENCE
Name of Project: Marjorie Park Yacht Basin Improvement
Location of Project; Tampa, Florida
Owner of Project: City of Tampa
General Scope of Project: Demolition of docks, including fuel facility dock; dredging and rip-
rap; repair and replacement of seawall; construction fuel and pump-out facility and dock; floating
docks/fingers with gangways and utilities (portable and fire, water and electrical). 30 slip marina,
pavement/overlays and walks, landscape and irrigation; renovation of buildings with HVAC,
plumbing and electrical with all associated work.
Role:
Prime Contractor
Construction Cost: $5,031,169.00
Extent and Type of Work Subcontracted Out:
Dates of Construction;
March 2004 - January 2005
Performance Evaluation by Owner:
Owner has indicated satisfaction with work
Terminated or Assessed Liquidated Damages: No
Owners Point of Contact for Reference:
City of Tampa
306 E. Jackson St., 4N
Tampa, FL, 33602
Tel: 813-274-5677
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MISENER MARINE
CONSTRUCTION INC
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
SPECIFIC PROJECT EXPERIENCE
Name of Project: Vinoy Marina Rehabilitation
Location of Project; St. Petersburg, Florida
Owner of Project: WSRH VSP LP (SCS Hotels, Inc.)
General Scope of Project: Demolition of existing floating dock structure. Drive 14" and 18"
concrete piling, pour cast in place caps and install precast deck slabs. Drive 12" timber piling,
install fenders and cleats.
Role:
Prime Contractor
Construction Cost: $4,551,819.00
Extent and Type of Work Subcontracted Out: Electrical, sewer, potable water and fire
water systems.
Dates of Construction;
March 2007 - October 2007
Performance Evaluation by Owner:
Owner has indicated satisfaction with work
Terminated or Assessed Liquidated Damages: No
Owners Point of Contact for Reference:
WSRH VSP LP (SCS Hotels, Inc.)
1101 Fifth Ave., Suite 330
San Rafael, CA 94901
Mr. Thomas Werner, Senior V.P.
Tel: 415-458-2320
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MISENER MARINE
CONSTRUCTION INC
5600 West Commerce Street / Tampa, Florida 33616
Telephone (813) 839-8441/ Fax (813) 831-7498
SPECIFIC PROJECT EXPERIENCE
Name of Project: Twin Dolphin Marina Renovations
Location of Project; Bradenton, Florida
Owner of Project: Twin Dolphin Enterprises, LLC
General Scope of Project:
Repair Storm Damaged Breakwall
Role:
Prime Contractor
Construction Cost: $2,693,346.00
Extent and Type of Work Subcontracted Out: None
Dates of Construction;
August 2005 - January 2006
Performance Evaluation by Owner:
Owner has indicated satisfaction with work
Terminated or Assessed Liquidated Damages: No
Owners Point of Contact for Reference:
Twin Dolphin Enterprises, LLC
1200 First Ave. West, Suite 200
Bradenton, FL 34205
Mr. Hugh Miller
Tel: 941-748--3433
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Dubai Creek Marina
Dubai
Halcrow was responsible for the design and construction supervision of yacht harbor and marina in
Dubai Creek as part of championship golf course and leisure facilities
The marina, although not large by commercial standards, is a major part of a leisure complex. Two
islands, the Executive Island and the Hotel Island, flank the two entrances to the marina. The edge of the marina
is formed as 60m of concrete quay wall and 410m of concrete revetment, while the edge of the Executive Island
and part of the Hotel Island is formed by 340m of rock revetment.
The concrete walls and revetments are in precast unrein forced concrete, adopted for its pleasing
appearance and absence of the need for maintenance. A slipway and travel lift are provided for launching and
retrieving boats. The landing stages are of the floating type providing 100 berths, and were selected by tender
against a technical specification. Berths for craft of varying length are provided and the water spaces between the
three main arms are made wider at the entrances to take cognizance of the needs of larger craft. Water depth in
the marina is 3 metres below chart datum in the outer part and 2 metres in the inner part.
Client:
Godwin Austen Johnson
Mezzanine Floor
Al Sayegh Building
Umm I-lurair Road
Bur Dubai
P.O. Box 7185
Dubai, U.A.E.
Tel: 009714-3354545
Fax: 009714-3354338
Ila/crow
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Bridgetown Pierhead Marina Development
Carlisle Bay, Barbados
The development of the pierhead area at the northern limit of Carlisle Bay, Bridgetown, in Barbados, will provide
a very prestigious waterfront area encapsulating both marine and land based construction. It is planned that the
marina will form part of a total residential development of some 830,000 sq. ft to include retail, office,
entertainment and a number of other leisure and civic facilities. The enclosed water area of the marina is to be
created by two rubble mound breakwaters offering protection from the prevailing wave conditions. Within the
bounds of these protective breakwaters berthing capacity is to be maximized, accommodating up to 150 boats. It
is expected that the marina will cater to a variety of different size vessels to meet market demand as well as
allowing for possible super-yacht and mega-yacht berthing.
Halcrow was appointed as design consultant to provide detailed design drawings for the marina facility, marine
structures and associated onshore infrastructure. The scope of work being undertaken by Halcrow includes:
. additional surveys
. physical and numerical modeling
. marina layout design
. detailed marina design
. construction procurement
Surveys have been taken to provide topographic, bathymetric, geotechnic and environmental information to assist
in the development of the final marina design. Physical and computational modeling techniques have been used to
develop the breakwater design and rationalize layouts. In this context, navigation criteria, water circulation and
quality, berthing capacity and architectural requirements have all been considered. Further to agreement of the
layout criteria with the client, designs for the breakwaters, quay walls, berthing structures and associated marine
infrastructure are to be finalized. Final preparation and assessment of tenders by Halcrow is to be followed by the
construction phase.
Client:
Barbados Tourism Investment, Inc.
2nd Floor, Nemwil House
Collymore Rock, St. Michael
Barbados
Tel: (246) 426-7085
Fax: (246) 426-7086
Ila/crow
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PROJECTEXPE~ENCE
Pinellas County Erosion Control Program: Borrow Area Marine Resource Mapping
and Characterization Study and Environmental Assessment (2001-2002)
(Jacksonville District USACE). Dial Cordy and Associates Inc. conducted field
investigations to locate, delineate, and characterize existing nearshore hardground
and/or other benthic community resources within nine offshore sand borrow areas and
five ebb shoal borrow areas off Pinellas County for beach fill material. Significant marine
resources were mapped and documented with underwater still and video photography
and qualitatively inventoried as to the dominant sessile invertebrates, marine algae and
fish. Surveys were conducted using Dial Cordy's integrated video mapping system and
by diver surveys using still and video photography. A total of 10,000 acres of seafloor
were mapped using towed video, diver surveys and integrated GIS mapping. Within the
offshore borrow areas, over 75 percent of the habitat surveyed was open sand (10,000.4
acres) while the remaining 3,828.6 acres consisted of hardbottom habitats. The ebb
tidal shoal areas of John's Pass, Blind Pass, Pass-A-G rille , and Egmont Channel all
consisted of open sand habitats exclusively. GIS database and map products were
developed using ArcView, video-mapping results, side-scan records and isopach maps
to characterize viable sand borrow areas. A technical report characterizing the
environmental constraints within all the borrow areas was prepared. Following approval
of the above study report, DC&A. prepared an Environmental Assessment for evaluating
the impacts of dredging the new nine offshore and nearshore borrow areas for beach fill
material. Issues assessed included alternatives analysis, impacts to hardbottom habitat,
Essential Fish Habitat, sediment quality, fish and wildlife, endangered/threatened
species, and water quality. Only minor comments were received on the draft document,
thus expediting completion of the final EA and FONS!.
Client contact and phone number: Yvonne Haberer, Corps of Engineers POC (904-232-
1701 )
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Miami Harbor Dredging Project, Environmental Monitoring and Management
Contract, Miami-Dade County FL (Great Lakes Dredge and Dock Company). Dial
Cordy and Associates Inc. was selected to serve as the Environmental Manager to
oversee all environmental compliance elements of one of the most complex and difficult
dredging projects ever performed in Florida. Dial Cordy was responsible for
environmental review and reporting of activities associated with blasting and dredging of
the harbor. Due to the requirements for blasting rock prior to dredging, monitoring of
marine mammals and sea turtles for every blast was required. Over 45 days of blasting
occurred for a three month period during dredging. Hydraulic dredging was in operation
for six months, hopper dredging for one month, and clamshell dredging for three months.
Aerial surveys prior to and after each blast were initiated to monitor the occurrence of
these species within the 2,400-foot exclusion zone. Daily reports were prepared for the
Corps, USFWS, NMFS, and other interested parties as to the marine mammal/sea turtle
monitoring, fish kills, and turbidity monitoring during dredging. DC&A was responsible
for daily reporting, coordination with all local, state and federal agencies, maintaining
contact with NOAA for monitoring of the Offshore Dredged Material Disposal Site ADCP
current array, conducting environmental briefings to all staff working on the dredge and
drill barge, preparation of a reef and seagrass protection plan, implementing baseline
marine resources surveys, and monthly marine resource monitoring. Monitoring of the
reef and seagrass habitats were required to document any damage due to construction.
Monthly marine resource monitoring consisted of video surveys, post-processing of
video images, preparation of resource maps, and a report.
Client contact and phone number: Sam Morrison, Great Lakes Dredge and Dock
Company (630-574-3000).
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Dames Point Container Terminal, Jacksonville Port Authority. Dial Cordy and
Associates Inc. was contracted to assist Weston Solutions, Inc. and HPA, llC. in
providing comprehensive engineering, environmental, and construction services for a
new container terminal to be leased to Mitsui O.S.K. Lines, Ltd. (Mal). The new facility
will allow Mal to make Jacksonville its base of East Coast operations, and will also
make Jacksonville one of the busiest ports in the country.
The new Dames Point Container Terminal will require
construction of a 2-berth marine container terminal on
162 acres of undeveloped land on the St. Johns River
in Jacksonville, FL. The project includes construction
of berthing areas, the container yard, new access
roadway and existing roadway improvements,
installation of utilities, various buildings to support the
operations of the terminal, dredging of the St. Johns
River from the new bulkhead line out to the limits of
the federally maintained navigational channel, and the
placement of dredged material in the Bartram Island
(CDF).
Dial Cordy was contracted to conduct environmental
studies including wetland delineation and assessment,
benthic and marine assessment, wildlife and protected
species assessments, and Essential Fish Habitat
(EFH) assessment. Dial Cordy assisted Weston
Solutions in preparation of the Environmental
Assessment, prepared the EFH Assessment
document, prepared Biological Assessments for both
the U.S. Fish and Wildlife Service and National Marine Fisheries Service, Benthic
Assessment report, Wetland Mitigation Plan, and acquired an Incidental Take Permit
(ITP) from the state for impacts to the state-listed gopher tortoise. Important issues and
resources potentially affected by the project included freshwater and saltmarsh
wetlands; threatened and endangered species including the West Indian manatee, North
Atlantic right whale, wood stork, and indigo snake; colonial wading bird nesting and
roosting habitat, filling of state owned lands, increased traffic, archaeological sites, and
water quality impacts due to dredging and dredge material disposal.
Dial Cordy also prepared and submitted the combined state and federal agencies
Environmental Resource Permit/Section 404 Dredge and Fill Permit applications.
Because of substantial pre-application coordination with the various state and federal
resource agencies and third party environmental organizations, issuance of the state
permit occurred within five months of submittal of the permit application, and the federal
permit was issued within 10 months. Dial Cordy continues to provide environmental
compliance services during the site clearing and construction process.
Client contact and phone number: David Kaufman (904-357-3030); David Smolder (904-
357-3064)
Indian River County, FL Beach Erosion Control Program Environmental and NEPA
Documentation Services Contract (Indian River County Board of County
Commissioners). Dial Cordy and Associates Inc. met with the Corps of Engineers to
develop a strategy for NEPA compliance for beach restoration actions proposed
throughout the County. This strategy allowed the Sectors 1 and 2 project to proceed
with only an EA, rather than an EIS, as originally
requested. Over the past three years, two
Environmental Assessments for beach Sectors 1 and
2 and for Sector 7 have been prepared. Included
within each document is a thorough review of the
alternatives considered, affected environment, an
assessment of direct, indirect and cumulative impacts
of the proposed action. Supporting documents
prepared and included in the Appendix of each EA,
included an Essential Fish Habitat Assessment,
Biological Assessment, Mitigation Plan, and
Cumulative Impacts Assessment report. Each EA
evaluated the impact of the proposed action on the
nearshore hard bottom habitat, fish communities, sea
turtle nesting and foraging, coastal dynamics,
sediment transport patterns, and other elements.
DC&A conducted informal and formal scoping
meetings with resource agencies, provided
coordination with the Corps of Engineers on NEPA
and Section 7 consultation, and participated in
negotiations with the FDEP for state permits. The
baseline data documented for the County included
mapping (with Multi-spectral Image Analysis) of the nearshore hardbottom features,
video documentation of offshore borrow areas, video surveys of suspected anchor
damage, and pipeline surveys prior to and following the Sectors 1 and 2 project. The
Sectors 1 and 2 Environmental Assessment included a comprehensive Cumulative
Impact Assessment for the impacts of beach nourishment for the past 30 years and next
ten years. This document evaluated how coastal projects of the past, present and
foreseeable future will impact marine resources within Indian River County. An EIS will
be required for Sectors 3 and 5 if hardbottom impacts are significant; however, since the
Sector 7 plan was changed to eliminate impact, it may now be possible to convince the
Corps that an EA will suffice for Sectors 3 and 5, as long as the cumulative impacts are
updated based on the results of biological monitoring for the recently constructed
Sectors 1 and 2 and Sector 7 projects. The firm's experience in NEPA documentation
for dredging projects under the auspice of the Corps of Engineers has greatly enhanced
the County's ability to expedite the NEPA process and issuance of Section 404 permits
for the projects implemented to-date.
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Client contact and phone number: Jonathan Gorham (772-567-8000)
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EIS for Port Everglades Harbor Navigation Improvements (Port Everglades and
Jacksonville District, USACE). Dial Cordy was contracted to provide "turn-key"
services associated with preparation of an EIS for improvements to the federal channel
and associated marine terminals of Port Everglades, Fort Lauderdale FL. The proposed
design included deepening and widening the federal channels to accommodate post-
panamax vessels and to facilitate operational improvements at the existing terminals.
Four alternative designs and four dredged disposal options were formulated for
evaluation in the EIS. Direct, indirect and cumulative impacts were assessed. Impacts of
the preferred alternative includes three acres of impacts to coastal wetlands, three acres
of submerged aquatic vegetation, 12 acres of hardground and reef communities, and
245 acres of unvegetated bottom. Significant issues included loss of Essential Fish
Habitat (wetlands, seagrass, reef), water quality degradation and transport of dredged
material to adjacent seagrass beds, impacts to marine mammals associated with
blasting, and impacts to John U Lloyd State Park.
The firms role included all environmental and planning tasks
associated with production of the DEIS, including a
comprehensive environmental baseline survey, remote
sensing and mapping of marine resources, development of
a GIS database for the study area and public and agency
scoping meetings leading up to preparation of the PDEIS.
The PDEIS was completed in four months following
formulation of the alternatives and included a thorough
assessment of the environmental, economic, and social
impacts of the proposed action. The draft document
included a series of analyses and supporting reports, all
prepared by DC&A: 1) Essential Fish Habitat Assessment
Report; 2) Biological Assessment for Marine Mammals
(Section 7); 3) Cumulative Impact Assessment Report; 4)
Section 404(b)(1) Analysis Report; 5) Coastal Zone
Consistency Determination Report; 6) Comprehensive Evaluation of Mitigation Options,
and Selected Plan; and a 7) Fish and Wildlife Coordination Act Report (CAR). The later
CAR report was one of the first CAR's to be prepared by a contractor for the USFWS.
The mitigation plan formulated by the firm will restore 12 acres of wetlands, enhance
over 50 acres of shallow water and seagrass habitat, as well as mitigate for the loss of
Halophila johnsonii (Johnson's seagrass). The firm participated in resource agency
meetings and presented preliminary findings of the Environmental Baseline Surveys,
participated in the development of mitigation alternatives for project impacts, coordinated
the development of the Port Everglades Reef Group (PERG) to evaluate mitigation
options for reef impacts, and will be presenting the DEIS at a Public Hearing. The firm
will continue to provide services during the public review process, including coordination
with all the resource agencies on final mitigation plans and the FEIS.
Client contact and phone number: Terri Jordan, Corps of Engineers (904-232-1817);
Allan Sosnow, Port Everglades (954-523-3404)
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
SE.CTION THREE
TECHNICAL PROPOSAL FORMAT
AND PROPOSED FACiliTIES
3.1 Drawings and Sketches
The following section contains drawings and sketches describing the Design-Build
team's proposals.
MlSINIR MAlIIIE
COlISTIUmOlllllC
ORIC~ MARINE GROUP
Ila/crow
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Centerline of Intracoastal Waterway
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NEED FOR WAllE
AmNUATOR FLOATS OFF
EXISTING FISHING PIER TO
BE CONFIRMED DURING
DETAILED DESIGN
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LAYOUT IS PREUMINARY AND SHOWS
SINGLE -LOADED POLYETHYLENE FLOATS.
THE BASE PRICE QUOTED IS BASED ON
REINFORCED CONCRETE FINGER PIERS
THROUGHOUT. WITH TIMBER MOORING
PILES. SIMILAR TO DOCKS D AND C
AS INDICATED ON THE PLAN.
FOR DETAILS OF PROPOSED
GANGWAY SYSTEM
SEE SHEETS THAT FOLLOW-
IT _ r_ ,;r.... :=J, -
GMISENER MARINE
_ CONSTRUCTION INe
~;;;;- - - m !Ill!!" 15
DRAWN BY
CLEARWATER MARINA CHECKED BY
SCALE
JOB NUMBER
FILE NAME
DATE: 02-06.2008
I~~
j, .
BY
NO,
REVISION DESCRIPTION
BY DATE
HUYNH
DATE
NO,
REVISION DESCRIPTION
SLIPS AND PILES SCHEDULES
SOUTH BASIN PILES
DOCK A 55' SLIPS 11 v - ,~ 5
DOCK A 50' SLIPS 10 V' - 500
DOCK B 55' SLIPS 5 V""' 10 27..5
DOCK B 50' SLIPS 14 vi 7 70 6
DOCK B ./ ~3 D
45' SLIPS 14 13
DOCK C 40' SLIPS 17 7 ~~ ()
V
DOCK D 30' SLIPS 13 V 7 ~ 6
DOCK M 20
NORTH BASIN
DOCK A 50' SLIPS 24 0/ - 200
DOCK B 40' SLIPS 19 V 12 7':D
DOCK B 30' SLIPS 2 V 3 (pO
D~ ' -. ,..." ."
'<:0
DOCK M 14
TOTAL 145 121
....IV
.----::-
IZ't 5~60
. .
~/" L 4.~ ~__
UAR1VlR~"~
II lNTER N A T I ~N~:t"t'l
CM-{)8
CM-{)05
SHEET
MARINA MODEL LAYOUT
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3.5' (TYP.
EXIST. CONCRETE SEAWALL EL.I +5.19
EL. +4.00
ROCK PROTECTION
Wso=1300 Ibs.GRADED
1000 TO 2000 Ibs.-
(TYP.)
EL. +0.0
FILTER F ABRI C ~
SECTION
SCALE: 3/16"=1'-0"
EXIST. CONCRETE CAP
EL. +4.95
EL. +4.00
EXIST. CONCRETE SEAWALL
SECTION
SCALE: 3/16"=1'-0"
EXIST. CONCRETE CAP-
EL. +5.97
EXIST. CONCRETE SEAWALL-
EL. +4.00
EXIST. SEAWALL
* EXTENT TO BE CONFIRMED
IN DESIGN DEVELOPEMENT
SECTION
SCALE: 3/16"=1'-0"
SEAWALL PLAN
SCALE: 1"=200'
o
1"=200' ,
200
400 FT.
,
Ha/crow
MISENER MARINE
CONSTRUCTION INC
OI'UON IIi',ARn~l!1 GROY
o 5
3/16"=1'-0" 1"""""--_-
10 FT.
13.5' (TYP) ,EXIST. CONCRETE CAP
EXIST. CONCRETE SEAWALL- EL.: +5.18 i
EL. +4.00
ROCK PROTECTION
Wso=1300 Ibs. GRADED 1.5
1000 TO 2000 Ibs. ,.\ 1 V
(TYP.)
EL. +0.00
j
FILTER FABRIC J
SECTION
SCALE: 3/16"=1'-0"
EXIST. CONCRETE CAP \
EL. +4.95 '
EL. +4.00
EXIST. CONCRETE SEAWALL
1.5
1V
SECTION
SCALE: 3/16"=1'-0"
City of Clearwater
Clearwater, Florida
DOWNTOWN BOAT SLIPS
SEAWAL PLAN AND SECTIONS
FIG. 1
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, \
I "
,
, I
p
i , , " p
,
\,
,
, /
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i p "
"
" "
"
"
" "
/
/ /
/ /
/ /
/ /
/ /
/ /
/
7
I I
I I
I I
I I
/ /
!
! PROMENADE ! i
I (BY OTHERS) ~ II
I !I~I I
I I I I
~ I
I !
/ /
! I
I '
! /
/ /
/ I
/ /
/ /
/ /
! !
! !
/ /
/ /
/ /
/
" "
"
"
" "
" "
"
" "
" "
"
" "
"
"
"
" "
"" ""
" " " ~XISTING'
"" "" FLSHING f>IE~
" " " "
"SEJt..G~ASS "" """
"" "" """
" " "
"
"
"
"
"
"
SEAWALL
LEGEND
-0
DOUBLE OUTLET METERED POTABLE
WA TER PEDESTAL
/
/ /
/ /
// ~ NEW BRIDGE
/ / STRUCTURE ABOVE
I I
II
II
II
I I
-0
~
SINGLE OUTLET METERED POTABLE
WATER PEDESTAL
FIRE HOSE CABINET
City of Clearwater
Clearwater, Florida
DOWNTOWN BOAT SLIPS
Ha/crow
MISENER MARINE
CONSTRUCTION INC
M.ARU\lii
o 100
1"=100' r----_-
200 FT.
UTILITY CONNECTION POSITIONS
FIG. 2
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I \
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" II
~ I
1 liD-
~ ir~ :?;
/ I fL
~
'i/ I
, I
/ /
2"PW 1~"PW 1 "PW
6"FP 6"FP 6"FP 6"FP
I~ -4"SSW--------------------------l
I I'~ 1::---- fl.1
..f[ I~ I I I ~
.~ 'I ~I
'? II
\ I I , I
I I I I I
II I "i i
\ '
II I 5;1
I I~ ;n,
IIi; .o-!
dl~ 1
.1..1, I
"cd I
II
I~-l 6:
3" B1'AN.i CH I--j 7-1>
VALV: II' I
, I I
I i II, I
! II:?;I 3f;
! ! I:~j ~
! / :8:~rl
I (!) II ' 3:
I / ~ I a.
PROMEN~DE I' ~
(BY O~~~rS) - I: I I
/ ;'
/ /
/ /
/ /
/ /
/
\ - NEW BRIDGE
'/ STRUCTURE ABOVE
2~"PW
*"PW
1~"PW 2"PW 2~"PW 3"PWI
6"FP 6"FP 6"FP 6"FP, "
:?; ,------------------------ 4"~~0
D- D-I .' I
~ t;1 I' '"
I I ~ I
I i I :?;
I ~:~ e;
~ ~~
~, II
;nIl II
.0- ;
I I II
-t~i
*"PW
i I
1"PW
1 "p
:?;
D-
~
EXISTING
FISHING PIER
"PW
SEA GRASS
SEA WALL
SEAWALL
D-I ------- MAIN WATER METER AND
?-_ :~.1__ __ 3"P~_ RP-=r VAULT LOCATION
. \ \ ~ CONNECT NEW 3" WATER LINE TO
\ ____ EXISTING 12" CITY WATER LINE
~ SEWER LI FT ST A TI ON #2
BILL OF MATERIALS
PIER 1:
4" PIER MAIN PW
4" PIER MAIN SEW
4"x12" WET TAP W/CORPORATION STOP
4" PRV OUTLET PRESS~55 PSI (UNCONFIRMED)
4" METER
4" RPZ
~
PIER 2:
3" PIER MAIN PW
4" PIER MAIN SEW
3"x12" WET TAP W/CORPORATION STOP
3" PRV OUTLET PRESS~55 PSI (UNCONFIRMED)
3" METER
3" RPZ
4" SEWER SHORE TIE AT Ja"/FT PITCH
lIa/crow
MISENER MARINE
CONSTRUCTION INC
OIUON I\JIJUUNE GROIJ
o 100
1"=100' ~---
200 FT.
City of Clearwater
Clearwater, Florida
DOWNTOWN BOAT SLIPS
UTILITY PIPE SIZING
AND TIE IN POINTS
FIG. 3
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330KVA
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/
\
/
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<(
>
:>.:::
o
r<)
r<)
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PROMENADE
(BY OTHERS) T~
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SEAWALL
/ /
/ ;
I
/ /
I
I
L SEAWALL
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I
! /
/
// ~ NEW BRIDGE
/! . / STRUCTURE ABOVE
/
/ /
//
/ /
/ /
I
/ /
I I
/ /
/ /
/ /
I
"a/crow
MISENER MARINE
CONSTRUCTION INC
ORIO"~ l\'\A~mE GROll
o 100
1"=100' r----_-
I
I
k
k k
k k
k k
k
k k
k
k k
k k
k
k
k k
k
\
L SEAWALL
LEGEND
.
k k
k
k k k k
k k k
k k k k E~ISTING k
k k k k FI~HING fl1ERo
k k k k
kSEJl>.G~ASS k k k k k
k k k k k k
k k k k
k
TRANSFORMER SUBSTATION
480V - 120/240V
W/DISTRIBUTION PANEL
(POWER RATING SHOWN
ADJACENT TO TRANSFORMER)
200 FT.
City of Clearwater
Clearwater, Florida
DOWNTOWN BOAT SLIPS
TRANSFORMER SUBSTATION
LOCATIONS
FIG. 4
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: Clearwater
:~
v~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SUPS
3.2 Narrative
Design Services - General
Halcrow will undertake the design and be Engineer of Record for the rockwork
design and mechanical, electrical and plumbing services. Halcrow's project manager and
project director, based in Tampa, will coordinate the design effort working in close
cooperation with Misener Marine, their specialist sub-contractors, and City of Clearwater
staff. The Design-Build team's experienced design staff will ensure that designs meet or
exceed the expectations of the City.
Design Services - Additional Wave Analvses
An initial design task will be to carry out a detailed review of the basin wave studies
undertaken previously. Additional analyses will be undertaken as necessary to fine-tune the
proposed dock system layout to achieve the most efficient wave attenuation and basin
protection, whilst maximizing the number of available boat slips. Particular attention will be
paid to the northern entrance and the interaction of the pontoons with the existing fishing
pier, and the southern entrance where potential wave reflection from the existing seawall
will require mitigation by the placement of rockwork.
Desion Services - Rockwork
A key aspect of the rockwork design will be to determine the required plan extent to
mitigate possible wave reflection into the basin under the range of possible design wave
and water level conditions. This will be undertaken with reference to the wave analyses
discussed above. Other key aspects include the selection of an appropriately durable rock of
the correct grading to withstand the wave forces and remain stable under the design
conditions. The tender design has identified a Iimerock quarry source that we believe will
MlSlNIR MAllIII
COllSTlumOlllllC
ORI@N MARINE GROUP
Ila/crow
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: Clearwater
:~
v~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
meet these requirements. Section 3.1 of our proposal includes details of the proposed rock
profile, grading and extent based on material from this source.
Desion Services - Dock System
The City have clearly expressed their desire for a clean, functional dock design that
maximizes views from upland areas, optimizes boat slip numbers and provides a high
degree of functionality for boat users and pedestrians alike. The Design-Build team believes
that the proposed Marinetek floating attenuator and pontoon system provides the following
key advantages in this respect:
. Wave attenuation properties that exceed the requirements of the basin design
criteria
. Proven track record of performance and durability in demanding environments
. Minimal maintenance requirements
. Integral service conduits within pontoons
. Reduced visual intrusion due to the reduction in pile numbers inherent in the
tethered mooring system
. The tethered mooring system also reduces the risk of potential conflicts with
existing seabed utilities
HarborMasters International Inc will be Engineer of Record for the dock system
design and will liaise closely with other members of the Design-Build team to ensure the full
integration of the system with other aspects on the design including the electrical
distribution and pluming systems.
MlSlNIR MAlINE
eOllSTlUmON lNe
mUON MAIUNfi GROIJP
Ila/crow
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: Clearwater
:~
,,~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Design Services - Mechanical. Electrical and Plumbing
Key aspects of the MEP design will include the appropriate sizing of the utilities
pipework and cabling to ensure the boat slip facility operates efficiently and effectively
under the anticipated loads. Ensuring the correct integration of designs within the pontoon
system will also be a key task requiring close, early liaison with the dock system designer.
From a functionality point of view, the appropriate locating and distribution of service
pedestals within the dock system will also be important. Halcrow designers will draw on
their considerable marina design experience in this respect, working in close consultation
with the City, to ensure functionality and access is optimized.
Environmental Permittina
The initial applications have been submitted to the Florida Department of
Environmental Protection and US Army Corps of Engineers. A Request for Additional
Information (RAI) has been received from both agencies. Some of the requested
information has already been prepared by the City. The remaining information will be
compiled and submitted to the agencies by Dial Cordy at the earliest opportunity following
receipt of the notice to proceed, in order to get the permit process back in motion. Once the
Corps determines it has sufficient information it will then issue a public notice, in which the
public and other agencies will have 30-45 days to respond. The Design-Build team will then
have 30 days to address any concerns the Corps has in regards to comments received. The
total time for permitting is estimated to be 90-120 days, but subject to the assumptions
listed in section 3.6 that follows.
MIllNER MAIINI
CONSTIumON INC
ORION MARINE GROUP
Ila/crow
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; Clearwater
;:;~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
Construction - Means and Methods
The Design Builder will be responsible for the installation of the Marina in its
entirety. The critical points will involve accurate coordination between the design consultant
Marinetek the supplier of the floating dock system and the dedicated mechanical and
electrical subcontractors.
Initial site surveys will be conducted to verify existing field conditions for the proper
installation of the docks.
The rock revetment system will be the first activity started taking care to protect the
adjacent sea grasses and environmental issues associated with the installation of the rock.
The use of floating pile driving jigs will insure the accurate placement of the staking piles for
the attenuator sections and the floating docks in the shallow sections of both the North and
South basins.
Dive crews will assist the barge mounted crane in the secure attachment of the floating
docks to the staked piles and the permanent guide piles for the docks.
Mechanical and electrical sub contractors will be on site as the dock installation process
occurs to provide for minimization of conflicts with the physical location of pedestals and
necessary shore connections.
MISINIR MARINI
CONSTRUCTION INC
ORION MARINE GROUP
lIa/crow
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: Clearwater
:~
v~
DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
3.3 Materials and Equipment
The following section contains details of the materials and equipment proposed by
the Design-Build team.
MISllln MAIINI
CONITIUCTlON INe
ORION MARINE GROUP
Ila/crow
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BREAKWATER
M4316BRK M4320BRK
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Breakwater 4300K
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The Breakwater 4300K units are massively strong and durable.
Professionally designed by experienced engineers, the breakwaters
have a long maintenence free service life. Features of the design are
high freeboard, the exceptionally strong rubber/steel connections and
the accessibility of the anchor connections providing easy installation.
Fitted with twin keels the 4300K breakwater units have very effective
wave attenuation characteristics.
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FLOATS M4316BRK M4320BRK LAYOUT
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LMttlh (III) 16,05 19,fO
Width with fenders (m) 4,3 4,3
c-.... wIdIh (JII) 4.0 4.0
Height (m) 1,8 1,8
w.Ipt (t) 31,6 41,2
Net capacity (kN/m2) 6,0 6,0
FrwetJunI (m) CI,6 0,6
Strength of joint (kN) 2x812 2x812
,/GInt ptII (11Im) fO \10
114116..11:
I
114120.U
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Exact unit weight and freeboard are subject to detailed specification of the unit, equipment and
mooring methods.
TECHNICAL DATA
Concrete strength: 45 N/mm2 watertight, steel
reinforced plastic fibre concrete. Exposure
class according to European EN 206-1
standard.
Core: Expanded polystyrene, density 15 kg/m3
Reinforcement: Partly or fully hot dip
galvanised or stainless steel
Optional accessories: Concrete coatings,
wooden deck, fixing rails, cable ducts and
fenders (timber or plastic)
WAVE ATTENUAnON CAPACITY
Sheltered sea conditions
W=lClm/s W=15m/s W=2Om/s
191m 291m 381m
Ac F
(%) (km)
100 5,0
90
80 4,0
70
60 3,0
50
40 2,0
30
20 1,0
10
0 Hs(m)
0,3 a,s 0,7 0,9 1,1
l(m)
F=Effective fetch lenghl W=Wind velocity.
L=Wave length. Hs=Significant wave height.
Ac=Wave attenuation capacity.
Marinetek operates a policy of continuous
development and reserves the right to change
specifications without notice.
I
Revision date: 15.01.2008
MARINETEK GROUP
I
Vattuniemenkatu 3
FI-00210 Helsinki, Finland
WEB www.marinetek.net
TEL. +358 (0)9 682 4100
FAX +358 (0)9 682 41030
EMAIL info@marinetek.net
I
MARINETEK"
More than Surface
I
ACCESSORIES
F6000 F7S00 F9000 Fl0S00 F12000
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Mooring fingers
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The Marinetek Mooring Fingers are very strong making them ideal
for demanding applications. The fingers have a high load bearing
capacity and they are very stable. The standard versions are equipped
with all-round pve fenders and mooring points. The fingers are fitted
to pontoon by rubber bolt joints and adapters to match with different
frame materials and designs.
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STANDARD MODELS F6000 F7S00 F9000 F10S00 F12000
I.eft&th (m)
Width (m)
TetaI apIldly (Ircl
12,0
0,75
1500
6.0
0,7
6ClO
7,5
0,7
600
'.0
0,7
900
10,5
0,75
1200
I
Standard Finger models suit best for the pontoon types with higher freeboard like PE, SY and
System 242/300. Forthe use of lower freeboard pontoon models (0,5 m or less) the lower float
version M31 L is used. Fingers of special lengths and models are also available.
I
Marinetek operates a policy of continuous
development and reserves the right to change
specifications without notice.
I
Revision date: 1S.01.2008
MARINETEK GROUP
I
Vattuniemenkatu 3
FI-00210 Helsinki, Finland
WEB www.marinetek.net
TEL. +358 (0)9 682 4100
FAX +358 (0)9 682 41030
EMAIL info@marinetek.net
I
TECHNICAL DATA
Frame: Hot rolled steel, galvanised to EN ISO
1461
Float: Rotation moulded polyethylene float
M31 (300 kg)
Decking: Treated pine, hardwood or wood
plastic composite
Fender: PVC plastic (wood plastic composite)
Fittings: Hot dip galvanised steel or aluminium
--"I~
F7500
FtOOO
MARINETEK"
More than Surface
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PREMIUM
M3516SY M3520SY M4016SY M4020SY
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Super Yacht Pontoons 3500, 4000
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The Super Yacht Pontoons are part of the Premium Range and
have been designed for the mooring of the biggest boats and of super
yachts in modern marinas. The design of the units is based on the
Marinetek Breakwaters and are of extremely strong construction with
reinforced joints and mooring points. The pontoons have a high deck
loading capacity and exceptional stability. Mooring can be by piles,
chain or Seaflex.
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FLOATS M3S16SV M3S20SV M4016SV M4020SV
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........(..) 16.05 U,9O 16,05 19,90
Concrete width (m) 3,5 3,5 4,0 4,0
I-MiIht (m) 1.2 1.2 1.2 1.2
Weight (t) 27,1-29,8 33,8-37,2 31,0-34,1 38,7-42,5
Net ClIpIdty (kNIm") 6,5-7,0 6,5-7 JJ 6,5-7,0 6,5-7,0
Freeboard (m) 0,65-0,70 0,65-0,70 0,65-0,70 0,65-0,70
5lnn&d1 fII jelnt (kN) 2x703 2x703 2x703 2x703
Joint gap (mm) 35 35 35 35
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Exact unit weight and freeboard are subject to detailed specification of the unit, equipment and
mooring methods.
Marinetek operates a policy of continuous
development and reserves the right to change
specifications without notice.
I
Revision date: 15.01.2008
MARINETEK GROUP
TECHNICAL DATA
Concrete strength: 45 N/mm2 watertight, steel
reinforced plastic fibre concrete. Exposure
class according to European EN 206-1
standard.
Core: Expanded polystyrene, density 15 kg/m3
Reinforcement: Partly or fully hot dip
galvanised or stainless steel
Optional accessories: Concrete coatings,
wooden deck, fixing rails, cable ducts, service
channels (240x120 / 350x250 mm) and fenders
(timber or plastic)
Ii
-
.-
--
110 100'
(I
t=
-.""
o
~
MARINETEKr
I
Vattuniemenkatu 3
FI-00210 Helsinki, Finland
WEB www.marinetek.net
TEL. +358 (0)9 682 4100
FAX +358 (0)9682 41030
EMAIL info@marinetek.net
I
More than Surface
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MARINA
M2712HDS M2715HDS M3312HDS M3315HDS M4312HDS M4315HDS
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Heavy Duty Pontoons 2700, 3300, 4300
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The Heavy Duty Pontoons have been designed for boat moorings
in modern marinas, overpass bridges and landing stages. They are
very strong and maintenance free with high loading capacity and long
service life. Internal cable ducts are available for water and electricity.
The Heavy Duty Pontoons can be moored either by piles, chain
or Seaflex and have been designed for economic freight and easy
installation.
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FLOATS M2712HDS M271SHDS M3312HDS M331SHDS M4312HDS M431SHDS
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........ (lit) 11,'2 14.'2 11.'2 14,'2 11.'2 14,'2
Width with fenders (m) 2,7 2,7 3,3 3,3 4,3 4,3
c-r... width (m) 2,4 2,4 3.0 3.0 4.0 4.0
Height (m) 0,85 0,85 0,85 0,85 0,85 0,85
Wlliaht (t) 10,' 13,6 12,3 15.4 16.4 20,6
Net capacity (kN/m2J 4,6 4,6 5,0 5,0 5,0 5,0
F-'-"I (Ill) 0,46 0,46 0,50 0,50 0,50 0,50
Strength of joint (kN) 2x322 2x322 2x322 2x322 2x322 2x322
jelntpp(mm) 35 35 35 35 is 35
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Exact unit weight and freeboard are subject to detailed specification of the unit, equipment and
mooring methods.
Marinetek operates a policy of continuous
development and reserves the right to change
specifications without notice.
I
Revision date: 15.01.2008
MARINETEK GROUP
TECHNICAL DATA
Concrete strength: 45 N/mm2 watertight, steel
reinforced plastic fibre concrete. Exposure
class according to European EN 206-1
standard.
Core: Expanded polystyrene, density 15 kg/m3
Reinforcement: Partly or fully hot dip
galvanised or stainless steel
Optional accessories: Concrete coatings,
wooden deck, fixing rails, cable ducts and
fenders (timber or plastic)
lI01410t
II
.=
---
1101G01
II
milD
...-
-
~
c-
MARINETEK"
I
Vattuniemenkatu 3
FI-00210 Helsinki, Finland
WEB www.marinetek.net
TEL. +358 (0)9 682 4100
FAX +358 (0)9 682 41030
EMAIL info@marinetek.net
I
More than Surface
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/
/
/
/
/
/
: ~1~~E!.~Si=~~L~:
r------,
I TREADPLATE I
L..__r___..l
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
3.4 Design Criteria
The design of the dock system will meet the requirements of the RFP and specifically
the design criteria set out in section 5.2.2.1 of the RFP (as modified by tender Addendum
#1).
3.5 Exceptions/Assumptions
The key factor in the timely delivery of the project will be the permitting process.
Dial Cordy & Associates is an extremely experienced company with an impressive track
record of expediting permits for similar projects. They will provide support to the City and
their Design Criteria consultant throughout the process. However, our proposal and work
schedule are based on the following permitting assumptions which are based on the
information provided in the RFP and answers to questions included with Addendum #1.
. There will be no impacts to seagrass or Essential Fish Habitat as a result of the
works.
. No jeopardy opinion for manatees projected by USFWS with the issuance of a
positive Biological Opinion no later than 9-08.
. No additional circulation modeling or data required to demonstrate compliance
with water quality standards.
. Section 404b1 response for sequential analysis (alternatives analysis, avoidance,
minimization and mitigation) has been done for Corps permit application, or, if
needed, will be done within 30 days by City's consultant.
. The City will have obtained the submerged land lease prior to DEP permit
issuance listed in the schedule.
MISENEI MAliNE
CONSTlUCTION INe
ORION MARINE GROUP
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: Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
3.6 Alternates
We are pleased to offer in lieu of the double loaded concrete fingers combined with
the timber mooring pile, the option of a single loaded mooring finger system utilizing the
Polyethylene Floats produced by Marinetek as indicated in the layout drawing in section 3.1
and described in the specification sheet in section 3.3.
3.7 Warranty
The future of our companies is based on the product and commitment we deliver
today. We begin with the end in mind. The integration of good design and construction
practices coupled with a comprehensive quality program will reduce maintenance and afford
us the opportunity to back our construction with a substantial warranty. HarborMasters-
Marinetek will provide a 10 year warranty on the performance of the Marina Package as
designed. The Marinetek concrete pontoons benefit from hot-dip galvanized or stainless
steel reinforcements and fiber concrete to reduce shrinkage and cracking and have been
designed according to the EN 206-1 standard to give 50 years' life in hostile environments.
All of the involved utilities as well as the rock protection will be backed by a one year
warranty, from the final acceptance date as requested in the RFP.
3.8 Maintenance
The manufacturer has provided a maintenance free product. That being said certain
components expressly the underwater tethering systems will require annual inspections to
insure the structural integrity and location of the floating dock system remain intact.
MISINEI MAliNE
eONSTlumON INe
ORION MARINE GROUP
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; Clearwater
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DESIGN BUILD SERVICES FOR THE CITY OF CLEARWATER, FLORIDA - DOWNTOWN BOAT SLIPS
A) Dive Services will be available on an as needed and annual call out basis
from Misener Marine Construction, Inc. at its current daily rates in effect
during that year.
B) Construction crews will be provided on an hourly basis starting after the
warranty period has been exhausted, for the purpose of inspection and
maintenance of the dock structures.
C) Mechanical and electrical maintenance will be performed as needed
during the 1 year warranty period and at current hourly rates for work
needed after the warranty period.
MISINII MAIINI
CONSTRUCTION INC
ORION MARINE GROUP
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PROPOSAL BOND
Misener Marine
KNOWN ALL MEN BY TH,ESE PRESENTS that we Construction, rnc. (hereinafter
called Principal) and L~berty Mutual insurance L;ompany (hereinafter called
the Surety) a corporation chartered and existing under the Laws of the State of Massachusetts
with its principal offices in the City of Boston , p aed f G t t
authorized to do business in the State of Florida, in the full and just sums of~bSnteBra~--~___E~~_~~
Dollars ($ 5% of GAB****) good and lawful money of the United States of America, to be
paid upon demand of the City of Clearwater, Florida, to which payment will and truly to be
made, we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally
and firmly these presents,
WHEREAS, the Principal has submitted to the City of Clearwater, Florida, a Proposal for the
construction of the Downtown Boat Slips, Proposal # 31-07, and
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified or
cashier's check otherwise required to accompany this Proposal, and
WHEREAS, the City requires a financial statement of the Surety Company to be included
as a part, of this contract and the Surety Company must appear on the Treasury
Department's most current list (Circular 570 as amended).
NOW, THEREFORE: the conditions of this obligation are such that if the Proposal is accepted,
the Principal shall, within fifteen (15) days after the receipt of notification of the acceptance
thereof, execute a contract in accordance with the Proposal and upon the terms and condition of
such Proposal, in the form and manner required by the City, and execute a sufficient and
satisfactory Public Construction Bond or separate Payment and Performance Bonds payable to
the City, in an amount not less than the total contract price, as indicated by the approximate
quantities shown in the Proposal, in form and with security satisfactory to the City, then this
obligation to be void; otherwise to be and remain in full force and virtue in law; and the surety
shall, upon the failure of the Principal to comply with any or all of the foregoing requirements
within the time specified above, immediately pay to the aforesaid City upon demand, the amount
hereof in good and lawful money of the United States of America, not as a penalty, but as
liquidated damages.
IN TESTIMONY WHERE2F, the Principal and Surety have caused these presents to be duly
signed and sealed this tli day of February , 2008.
Misener Marine Construction, Inc.
~ Principal
/ ::J{,ll\1fS L . PO~ ,p({lSjd(litl~me and Title
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Liberty Mutual Insurance Company
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Francine Butler, Attorney-in-Fact
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(,) CI) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
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~.:g COUNTY OF MONTGOMERY
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1:: E On this.1Z!b.-.. day of August , 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
~.- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
... Cli Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
.... .""...,..--........
; ~ IN TESTIMONY WH6AEi9'~J~~~~Etunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
:= (,) first above written'~Q:"V l:<'\ONWP~,. "<, "-
cu> ~ (IJ o~ .. ~(.-\ '(, \ .COMMONW.F.',LTH Of:'tiENNf,YLVANIA. A:--...... . II
'0 ~ ~ 1~.r) OF -;i,. ; ,r } .~-::=;~~::y~,~.. .] By ~ ~
Z (,) ~. ~ . J PlimclllhTw;J..MOIlIl)c<1l",yCtMlly. .. l. .
\ .~~ .~~"t' I MyC<.'<11tl)l;\ljj()oE><litoSMru.28.2CUl.. Teresa Pastella, Notary Public
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CERTIFICATE ~~A~ ~... MO/l.t...J'o"n.,1..nlaAos""iM,onof Ntn",fU.
I, the undersigned, Assista';;rsecretaryofLiberty Mutuallhsurance Company, do hereby certify thattheoriginal power of attorney of which the foregoing
is a full, true and correct copy, is in fuU-force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of allorney Is an AsslstantSecretary specially authorized by the. chairman orthepresidentto~ppolnt attorneys-In-fact as provided in Article
XIII, Section 5 of the By-laws of LibertyMutuallnsurance Company,.. ..
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
~his Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS; That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company. pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
MARC W. BOOTS, JOY HAJOVSKY, VICKIE LACY, STEPHEN R. SMITH, P. T. OSBURN,MARY ANN GARCIA,
RICHARD COVINGTON, MARIA D. ZUNIGA, FRANCINE BUTLER, MISTY KOSLOSKY, ALL OF THE CITY OF HOUSTON,
STATE OF TEXAS.. ...... ...~"..... ................... ........... ......... ,........... ......... ....;........ ........................,... ........ ............ ......... ............. ...................
, each individually if there be more-than one named, its true and lawful attorney.ln-fact to make, execute. seal, acknowleclge and deliver, for and on its
behalf as surety and as its act and dee. d, anv. .a. n.d all underts. .klngs, bonds, recogn...izance.. s..and other surety obligations in t. he penal sum not exceeding
FORTY MILLION AND 00/100***"**.....'*******.. DOLLARS($ 40,000,000.00"'" .. ) each, and the
execution of such undertakings, bonds. recognizances and other surety obligations, inpursuanoe of these presents. shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power Is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakitlgs.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-In-fact, as may be necessary to act In behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-In-fact, subJect to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such Instruments and to atlach thereto the seal of the Company. When so executed such instruments shall be
as binding as If signed by the president and aUested by the secretary.
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Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal. acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 17th day of Auqust
2007
LIBERTY MUTUAL INSURANCE COMPANY
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Garnet W. Elliott, Assistant Secretary
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of allorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I hllvel1ereunto subscribed my name and affixed the corporate seal of the said company, this
February ,2u08.
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13. PIIIl1Umo end """_
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21. Racofyoblo. 110m pereo~>ub8I_ll\d aIlIlales ......................... ............ ...... ::::::~A~ii ..... ~.. ~..... ...... ::::::;#.~~~:~ ::::::?41~
22- H..rill.... ($ .. ...........JD IIld oIher ......nlJrooalvel>lo ........... ....... ......... ...... ~..u~...~.~u.....
23. Alil/lllOoIa.....hl lorollwJrlhen _....b.. ................ .......................... ......iiii'ios.9.ii ......;00;44.i14 ......511.66;:;67 ......<<6'iM.iii
24. Total....I..lCdudlng Sopuret. Aooounla, Sogrouatod ......1J1llI1Ild PJOlaclDd CUll
AccwnI. (lines 10 10 23)..... ......... ........................ ..... .......... .............. ...Ml,m.:tt1QJ.ll! ......~.QI!,:p:1,111! '" AA-!llQ.qlh~~ ...1!!Jl.I.l@,Q~
25. ~:~~=- Sel/lllOelDd Acc<lunls """ PJOteclod Cel1Ac<omls '..h h.. ..........
26. 3O.429.38S.T.lll 600.314.641 29.D2lI.O'2.OD~ 26.011.S08.2R1l
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DeTAILS OfWRJTE.lIIS
D'lOl. ...... .~.. ~.. u......... ~ n. ~..........., ............. ........~..................~. u...~..... .................. ... ~ ...~.......... ................... ....... ...~.. .. ~.~
0902. .... ~",,,,"'n"",' ....... .......... ~. .... ~~...... ......... ...... .....n u... ....... ...~...... . ~........., ...... ..................... . ~... ......... .~....
..... ... ......... f~'
0903: ..... ...... ~ ...... .................. ....... ...~..... ... ..................
0998.s.;~;,j;,;~.~.~.l~ii9t.;;,;~P...................................
0990. Tololanlno. O9Ollh/ll''''h 090'3 "'~oooo\nJ~ "" 011....' ...........:.....................
23D1. Olher ....Is . .....J.~,~l~ .......m~.~~ .......I.I!.M~l.~~ ......!.~,~,~I!?
2302. '~';';;;~;:;.d;;;N;&,;;;.;;;,;"'" .............. ........... ............ ................ .....).~.~~? .~.....,..... ..... .......I.'!?,P.o'!~~~ ......!.~,~!~!~
2303.:~~~!!~~P?~~~:~~;::::::::::::::::::::::::::::::::::::::::::::::: ....... ~.:4!!~.M!~ .................. 20.407,883 .......~.~~..~
2396. 9U"":':.fr~wll.....I':..~,:~__ ................................. 173 5117 911 o 896 671 .......iB.iiioi.'42 168.3115813
2J!l9. To'. Une> 230llhmooh 2303 .239 Ino Zl oboYO' 811~911t 100.144114 Sl1 661 887 440 184 B32
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Annll.I-5taI....nllor 110. yur 2806 of iii. ...... .~!~~r:t.Y.!~~.lf!!!I. 'r.~!Jrall~.~ .C.o.mp~r;L.............. .... ............... ...... ............ ..............
I
LIABILITIES, SURPLUS AND OTHER FUNDS
1
CoovnlYw
2
PJIory....
I
I
I. lo=o. (l'ort2l,1JM 3-4. eo,,,... 8) 10169462,164 94477~0 191
2. RoIRlUr.- payobl.""pokll.....;,;;,j k;;;..;.ij.;,;.~;;;is~i;;d~bF:P;.;j.i:c;,i;,;;.:..6i:: ::: ::::::: :::::::: ::::: :: :::: ::::::'1~~~~~;~~~ ::::: ::::::: ~j\~~:#'~
3. lossndl_nl._e.IP8l12A.Uno3-4.C.lulM~ 2084.590736 1.934.9J1136
:: =:.W=~:i===:):~l~~~~::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::~~~r~i :::::::::::::;~~~~:
l T.....bn...III! foe. (oldlxl/nq fod.tIllMCI bnl~nln<4mO lAx..) .......................................... .......... ............?~~.~~~ ..............1.~~~I!l!,~~
7.1 CUnonllod.""lII!boIgn_Iomo(k1dudlng$ 0 D111O'lzooCIJplIdOolllS(1ossoS))
1; =~:y~: :AA\~:~.~~~:~:::::::::~~:{~i:::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::1~~.;~~ :::::::::::::;:~i~~;4~~
9. Unraned ptfIlri.... (PNlIA. lil.31. ClWm15) (_ .edu~inO une....d pre",,,,,, I.r cedud ,ulns..""," .1
~~W!!.p~. /J1d iJI;1txflno wo>'llIlIrlO......oll..............R.I...................... ............................ ...........3,!!9R~.~.~ ...........?,!~.~.!.W
10. AdvJllOO........ ..... ......... ...... .............. ..................... ..... ...... .......... ................. ......... ..... ........~.!.~~.!.~ . ...... ....... !!'\~,8!!~
II. OMdond._ W1d un~,
11.1 S1oclho/Il8I1
112 PoFJ:yho~... .::::::::::::: :::::::::::::::::::::::::: :::::::: :::::::: ::: :::::: ::::::: ::::::::::::::::: ::::: ::::::: :::::: :::::::j~.~ ::::::::::::::).p':1~~i
12. Cadod ,,1naUtDnCO pn>mIUI11I payable'!ool 01 codlng "..uri..lono) . DI9.145.901 611.616&42
~ ~~~'7:"=b~=~":~-::.:.~~:~;~:~~:::::::::::::::::::::::::::::::::::::::: ::::::::?:~~%.~ :::::::::::~1i~*-~~~
15. RoniU...... lIIld ~.... rot &locBlJd
16. _for_ (Schod'" ,;:P~7i::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::)~;~~~~ :::::::::::~:I~~;~j?~#
17. NetsdJ......nls In ....1.1Ild lloblille. d..1ll belgn 0""'_ ra1,.
11. Orufts -Ing ..................... ..................... ....... ::::::: :::: ::::::: :::::: :::::::::: :::::::: :::::::::: ::::::::::3~1;~~;m :::::::::::3,~iq~@.~
19. Poyoblo 10 puon\ subskl1ari.. .nd affli.1cS 159 006.2:ro
20. poyoblo for..coaam........... ........... ::: :::: ::::::::: :::::::: :::::::::: ::: :::::: ::::::: ::: ::::: ::::: :::: :::: ::::: ::::::::::::~~~~~;~i9 ::::::::;::::)~~~;~#
21. UoblIIyforomounllhl!lClund.'...."..,...pl.... ......................................................................... ........................ .........................
22. CapI1aI nails S 0 and __S 0
21 ~9111\lim ..ne:b;;i,;;ib.ili~' ..................... ::::::::::::::::: :::::::: ::::::::: :::: :::::::::::::::::::::: ::::::: :::: :::::::i~~.~; ::::::::::::i!~);w.i.~~
a T.IoIbb1lies'reItxfIno pmltclod CBlIIlahIlIies(li1es 1 Buoogh23)......................................... ............. ..........t.Q.~.~7.,~3,~1!\l ......... ..~~~~!!,4.!!?
2.1. _eel_lie>
26. r.laIl_ (li1es 24 ~d'25j:::::::::::: ::: :::::::::::::: ::::::::: ::::: ::::::::::::::::::: :::::::::::::::::::::::::: 19.967.683.090 18.086,911.457
'lI. II;S"'lInI.- forspoclal"""'" fund. ............. ............................................................... ............~.~!,!~M~ .............J.~1,w.,1?9
:Ia. COlmlOllcop/lal__ 10.000.000 10DOOWO
:. =:w~~~~;~:~::~:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::1:.i.~4.~ :::::::::::::::;;;.:@
31. SII'pha not.. ................ ............. ....... ................... ....... ........ ..... ............ ...... ............ .......... .1..~.1.3.-AA'!.9.1 ..... .......1..~!.2,~.~~.~~
32. G_pBdlolJ1dc:oRll1!>tmdourpl!s 3.148./60.105 2.209.7116.957
33. UnassIgnad fwd. (su.pus) ...... ...:::::::::::::: ::::::::::: ::::::: :::::::: :.:::::::: :::: ::: :::::::: :::::: :::::: ::::::: ::::::: ::: ~~.~!;j.~~ :::::::::: )~~.:<<~.iii i
34. Leos -11)' ,Joel<. alcoot
34.1 ...........~.._ common(voIuo tdllCled In Uno2B$...............~..L................. .................... ........................ .........................
34.2 ...........R.shn. prolarrad (vollla Inclilfad 10 lm 291 ................!U.. ...................................
35. SVIjWa."_189111f. p,lcyhoIdolU(li1es '010 33.10.. 3-1) tp""" ~.Ii>n 39} ............. ........ ........... ..... ..........
36. TOTALS rP8<lO 2 une 26 COl 3'
9952129l12!l
29920.012.089
7 924 696 832
:16.011.601.289
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DE1A1LS 01' Vr'RI're~NS
2m. !l\lllr.~,........................................................................................................ .............1.I!f!,~~~! ..............I.~~11!Mn
2302. ~~.~~.:~................................................................................ ...... ...lM?Mr,i,)!.l) ..........(l,~',l~)
2303- ~!'I'!<!.\f!l!I!l!.~J~................................................................................... ............~.~,~lM~l .............~.~..m,~1!1
2396. ~=~=~:f::.~39~I~::;;=Il9........................................................... 490 520 728 103 985.033
2399. (3G9.600.531 '741.705,215
2701. ~.l~~.!'!~.~............................................................................ ............ ~.I.h1.~~,~~ .............mm~!~
VOl ....................u..............................u........................................................n....... .......................... .........................
2703. .~=~;:=~;~~:~~~Pf:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........................ .........................
2198.
27!19. 811.135.623 181m.479
3001. ~!l.~....................................................................................................... ...............1J.~.~ ..............J,?Ml,~
3002........................................................................................................................ ........................ .........................
3003........................................................................................................................ ........................ .........................
:: =~~==~t:.,~::;:.~........................................................... '.250.000 1.250.000
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Ccunl)'.1 $.1)I19IL........ ..
Th. _ olll1~ Illplll1lng el\lllj' bolrq duly....... oath d."",o.nd $0)' 81Il1her .111111. descrlbed ob...I..1ll repol1lng onUly..oo UIll' on 111. "po~ portod ,"'led
_.111 oIlhe hltllln dasalbed .....IS WO/OIIlo ebsolult _/If ",tho said IUpot1lng onUly.lI8fllllld clDarfrom any lofts 01 c/o/IllS 1I1.""1ll. .."'pl.. h.,,/n ,'ated, ond
IhaIIl1ls .lalaJOOn~ Iogelher wI1h reloled _Ill, _Ideo .nd "I8f\IUOIIIIll."lll'Ol1lllned. an...oo or ..fellOd ...Is. fuI.n<lIIU. 5l<I1.monl.f.llhe ....11....
_ ond.r Ill. oond1l1on ond olIaIts 01 tho NId fOPOl\lng enlly.., ollie ~ """"" s1a1ed ebo'le. llIld or lis 1_ eNl ded""""" 1haI.1.... All Iho perkxI endod.
llIld IIl1Y. been ClllIJlIIlolad In """,nt."",wlllllho HAlC......... SIal....ntInsbuOUOlO end M:oun~ PlUcti:ao ond_.............Jl{ 10 Ih/J _I Ihlll: (I) .tala
lair moydillor. or. (2) Ihalllalo rule! orregulalloos requ~. dllltfenals In ..pmting rot mlolod 10 accounIIng pradloolsnd pl1lOlldu 10 111. bool.1 \hOlr
In(Qnnallon, knOWIedoeand blleI. IIlIpScliolsly. FUI1h8l11101O.1ha ICOpIl 01 Ihis .1tesIa1lon by1h8 d.....blld dDcoll.1llo PtIu e,elal _pondlng a18Cfon1< nr"U
wilh Iha HAlC. when .oquIlOd.1h/J11s ane_copy (lI(tlI!pllorlolm81flng dlftre_ duo Ie oler:lnlnlc 61l\g)oIlho atalamen /Yl a1.CI1OOIcllklg 1M)' be
requestecllli vallous l19uIllols 1111au ctorln addllion 10 Ill. enclosed slalemsnl
~ MCfsLh,
Edmund F....,. Kelly O_rR.....
(PIl1le<l Nomo) IPlInIad Name)
t l
Ch.lrmen .11h. BoenI ~1d8nl & ceo Vtca PlI,ldonl & SecleIDrv
(flUe) (T11lo)
SUbsalbed ond......m 10 bel... me 111~
J!::. d"l'oIs:P~
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(SilInolunl
laumnce Hen 0 f Yehle
(Printed Name)
3-
Senior V1cO "'&Sid..1 & 1lOll$Urer
(fila)
I
.2007
I. Is IIll$8nnt\)Ullllflllr!l? YES(X)NO( J
b. U no: I. SIa..1hn.......smOnInun'l>e< ..................
lOlllolied.....................................
3. Numb.rol pDS" 811.<I1ed .....................
~tt'~
2
I
.l
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID K~ DATE (MM/DDNYYY)
MISEN-2 12/27/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Taylor Johnson Group HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
1081 19th street, suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
virginia Beach VA 23451
Phone: 757-468-6100 Fax: 757-468-9917 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A rir@.an's Fund ltuurancl! Co. 21873
INSURER B Travelers Prop Cas ot AIle:rica 25674
Misener Marine INSURER c- 21873
Construction Inc Fir..an's FundjJn.viqa.tors Ins
5600 W. Commerce street INSURER D United states rid. & Gua. Co
Tampa FL 33616
INSURER E $i9O..1 MutU.ill :Ind9.rn.ty A3soc.
J
~
-
COVERAGES
.~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST!\NDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS !\NO CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSRii TYPE OF INSURANCE POLICY NUMBER D~'1'~ (MMIDDIYYJ DATE (MMlDDNY)" LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- 01/01/08 07/01/08 ':'",,v,,,,,c 'v ~m'cu
A ~ COMMERCIAL GENERAL LIABILITY OML99050051 PREMISES (Ea occurence) $1,000,000
- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
~ Sudden POllution PERSONAL & ADV INJURY $ 1,000,000
~ SRLL/Contractual GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $1,000,000
II !Xl PRO- nLOC
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
"-- $ 1,000,000
B ~ ANY AUTO 810-927K1354-TIL-06 01/01/08 07/01/08 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY' AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 20,000,000
C ~ OCCUR D CLAIMS MADE OXL 99050052 j07L2027-01 01/01/08 07/01/08 AGGREGATE $20,000,000
$
==1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X ITC;RYLIMI'fs I IU~~
D EMPLOYERS' LIABILITY D274W00421 10/01/07 10/01/08
ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT $1,000,000
OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under $ 1,000,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT
OTHER
E USL&H 60191 10/01/07 10/01/08 EACH OCC $10,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is additional insured as respects the General
Liability/Waiver of Subrogation applies to General and Auto Liabilities and
workers compensation via USL&H
CERTIFICATE HOLDER CANCELLATION
CITYCL1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN
~
....
.~
.
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
City of Clearwater
P.o. Box 4748
Clearwater FL 33758-4748
@ACORDCORPORATION1988
ACORD 25 (2001/08)
.-,
l
IMPORTANT
~
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
-
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
-
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
~
-
L
.
~
ACORD 25 (2001/08)
r-