Maritime Park Design-Build Contract

The Donovan/Nobles political action committee, Park Yes Stadium No, the purpose of its petition is reconsideration of the measure as follows: “That City Council approve the Design Build Contract between the Community Maritime Park Associates (CMPA) and Magi Construction, LLC for construction of the Community Maritime Park site improvements and public improvements.”

However, their website,, doesn’t provide a copy of the Design-Build Contract.

The 77-page contract is available on the City’s website (here).

The Contract is the standard AIA (American Institute of Architects) Document A141 – 2004. It follows a very standard format. The Project is “Site Improvements and Public Improvements for the Vince Whibbs Community Maritime Park described and the Base Project Work plus the Project Enhancement outlined in the Preliminary Statement of Work attached hereto as Exhibit D.

Table of Articles includes
The Design-Build Documents
Work of this agreement
Date of Commencement and substantial completion (Dec. 31, 2011)
Contract Sum
Dispute Resolution
Misc. Provisions
Enumeration of the Design-Build Documents.

The Contract Sum is Cost of the Work Plus Design-Builder’s free with a guaranteed maximum price.

The Design Builder’s architects and consultants are Baskerville Donovan (Marty’s brother) and Populous. The City is represented by Hatch Mott McDonald.

The Contract in its Exhibit B states the Design-Builder will follow the Community Maritime Park Design Criteria (that was approved by the City Council in 2007—and included the stadium) and the design changes approved in April 2010. (These designs were never challenged in the public hearings by Marty Donovan or Jack Nobles and the time to challenge them by petition has lapsed.)

There are seven distinct phases of work.
1. Bulkhead, Mitigation, Dredging
2. Stadium Foundations, Rough grading
3. Site electrical, natural gas, telecom, sidewalkd, parking. streets
4. Stadium structure, playing field
5. Stadium seating, lighting, interior
6. Landscape, irrigation, South Park, Promenade, playground
7. Breakwater & Marina

Donovan and Nobles should, at least, tell the voters why they oppose this contract. The time of challenging the stadium has passed. Remember the CMPA, City and the Master Developer are legally bound to build the stadium whether this contract is rescinded or not.