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C2025-272 - 12/16/2025 - Approved
CONTRACT DOCUMENTS E FOR PRECONSTRUCTION AND CONSTRUCTION OF EVANGELINE/SAN PATRICIO CO. GROUNDWATER PROGRAM PROJECT NUMBER 27100 00 0100 TABLE OF CONTENTS Division / Section Title Division 00 Contracting Requirements 00 52 27 Construction Manager -At -Risk Agreement Exhibit 1— Proposal Exhibit 2 — Site Layout Exhibit 3 — Key Individuals 00 61 14 Performance Bond (CMAR) 00 61 17 Payment Bond (CMAR) 00 72 00CM General Conditions — CMAR END OF SECTION Table of Contents Evangeline/San Patricio Co. Groundwater Program (27100) 000100-1 Rev 11/2025 00 52 27 CONSTRUCTION MANAGER -AT -RISK EMERGENCY AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Garney Companies, Inc. (CMAR), Effective December 16, 2025. Owner and CMAR agree as follows: ARTICLE 1— Work 3 ARTICLE 2 — Owner Representative and Designer 3 ARTICLE 3 — General Scope of Work 3 ARTICLE 4 — Contract Price 5 ARTICLE 5 — Phase 1— Preconstruction phase 5 5.01 Notice to Proceed 5 5.02 Preconstruction Phase Services Fee 5 5.03 Contract Time 6 5.04 General Coordination 6 5.05 Pre -Construction Schedule, Progress Schedule and Submittal Schedule 7 5.06 Design Review, Constructability Review 7 5.07 Budget, Cost Estimating and Cost Control 9 5.08 Construction Planning 10 5.09 Failure to Perform Preconstruction Phase Services 10 5.10 Construction Contract Amendment Negotiations 11 ARTICLE 6 — Phase 2 Construction 12 6.01 Notice to Proceed — Phase 2 12 6.02 Construction Phase Services Fee 12 6.03 Contract Time 13 6.04 Construction 13 ARTICLE 7 — Early Work Packages 13 7.01 Early Work Package 13 7.02 Early Work Package Contract Amendment Negotiation 13 7.03 Notice to Proceed 14 7.04 Contract Price 14 7.05 Contract Time 14 7.06 Permits 14 ARTICLE 8 — Termination of Agreement Prior to Phase 2 NTP 14 8.01 Termination 14 8.02 Work Product 15 8.03 Payment 15 ARTICLE 9 — Key Individuals 15 ARTICLE 10 — CMAR's Representations 16 ARTICLE 11—Accounting Records 17 ARTICLE 12 — Contract Documents and Order of Precedence 17 ARTICLE 13 — Contract Document Signatures 18 Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-2 Rev 11/2025 ARTICLE 1— WORK 1.01 Emergency Procurement A. The Parties acknowledge that this Agreement is entered into pursuant to Texas Local Government Code § 252.022(a), which exempts certain procurements from competitive bidding or competitive proposal requirements in cases where it is necessary to preserve or protect the public health or safety of the municipality's residents. The Owner has determined that such circumstances related to this Agreement and the Work in connection with this Agreement exist and has documented the justification for entering into this Agreement in accordance with Texas Local Government Code § 252.022(a). B. Owner further acknowledges and agrees that CMAR shall not be held responsible or liable for any procurement -related challenges, claims or disputes in connection with the Owner's decision to proceed with this Agreement under Texas Local Government Code § 252.022(a). If this Agreement is voided, Owner will follow the termination procedures set forth in the Contract Documents. 1.02 CMAR shall perform all pre -construction and construction services, and provide all material, equipment, tools and labor necessary to complete Work as specified or indicated in the Contract Documents. The Work is generally described as: Evangeline/San Patricio Co. Groundwater Program 27100 ARTICLE 2 — OWNER REPRESENTATIVE AND DESIGNER 2.01 The Owner's Authorized Representative or OAR for this Project is: Brett Van Hazel, P.E. Director of Water Supply Management 1201 Leopard Street, 5th Floor Corpus Christi, TX 78401 BrettVH@corpuschristitx.gov 361-826-3273 2.02 The Designer for this Project is: Pape -Dawson Consulting Engineers, LLC Attn: Chris Noe, Managing VP, Project Delivery 2000 NW Loop 410 San Antonio, TX 78213 CNoe@gape-dawson.com 815-482-7081 210-375-9000 ARTICLE 3 — GENERAL SCOPE OF WORK 3.01 General Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-3 Rev 11/2025 A. The real property on which the presently contemplated improvements are to be constructed (the "Site") is generally depicted in the Site Plan/Location Map attached hereto as Exhibit 1. The Project Scope generally consists of all labor, materials, equipment, tools, supplies, temporary facilities, and incidentals necessary to complete the construction of the improvements described in and reasonably inferable from the Contract Documents, including the supervision, coordination, and administration of the construction of such improvements (the "Work"). The Project Scope also includes the preconstruction services reasonably required for a project of this nature, size, and scope and as described herein. B. Provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other items require resolution so as not to jeopardize CMAR's ability to complete the Work for the Contract Price and within the Contract Time(s). C. The services and the Work to be performed by or through the CMAR shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 1. It is anticipated that the Construction Phase Work may be divided into one or more separate packages (individually, a "Work Package") which identify a specific scope of Work and which will be ready for commencement of construction before it is appropriate to arrive at an overall Guaranteed Maximum Price for the entire Work. However, in the Owner's discretion, the Work may be awarded in one Work Package for the entire Project with one Guaranteed Maximum Price. 2. When the Parties have identified the Work to be performed in a Work Package and have agreed on any applicable Contract Time Requirements for that Work Package and such other terms and conditions relating to that Work Package, including but not limited to the price for the Work Package, the Parties shall enter into a Contract Amendment which shall amend this Agreement and incorporate the terms thereof into the Contract. However, no Work shall commence under a Work Package until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract Documents. D. Owner has retained the services of the following identified architectural and/or engineering firms to perform those professional design services identified below. Owner expressly reserves the right to replace or modify the responsibilities of its Designer or other consultants performing work on this Project or to retain additional firms in Owner's sole discretion. Owner shall provide prompt written notice to CMAR of any replacement of existing firms, addition of new firms, and material modifications of the responsibilities of existing firms that might impact the CMAR with regard to the services to be performed or obligations of the CMAR arising from the Contract. 3.02 Time is of the Essence A. CMAR's achievement of the requirements of Phase 1 and Phase 2, including Substantial Completion, Commissioning, and Final Acceptance indicated for such milestones in the Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-4 Rev 11/2025 Project Schedule, as such schedule may be amended pursuant to the Contract Documents, are of the essence of this Agreement. B. The Owner will determine whether the Work has been completed within the Contract Times. ARTICLE 4 — CONTRACT PRICE 4.01 Contract Price A. Owner will pay CMAR for completion of the Work in accordance with the Contract Documents B. The Contract Price includes: 1. the CMAR's Preconstruction Phase Services Fee; 2. the CMAR's Fee for Construction Phase Services; and 3. the Cost of the Work as provided in Article 15 of the General Conditions, subject to the a Contract Amendment and any adjustments made in accordance with the Contract Documents. C. The applicable Contract Price and its component elements for each Work Package shall be subject to the Contract Amendment applicable to that Work Package. D. The Contract Price for the Project shall be the sum of the compensation and reimbursements to be made to the CMAR for the Preconstruction Services and the compensation for the Construction Phase Services as established in accordance with the Contract Documents. 1. Preconstruction Phase Services. The compensation for the services to be performed by or through the CMAR for the Preconstruction Phase shall be a not to exceed amount (the "Preconstruction Phase Fee") as set forth in Article 5, subject to such adjustment only as provided by the terms of the Contract and payable as set forth in this Agreement. CMAR shall also be entitled to reimbursement of certain costs and expenses incurred in the performance of the Preconstruction Phase Services (the "Preconstruction Phase Reimbursables") as set forth and limited in Article 5. 2. Construction Phase. The compensation for the Work to be performed by or through the CMAR for the Construction Phase shall be as set out in Article 6 and established in a Contract Amendment. ARTICLE 5 — PHASE 1— PRECONSTRUCTION PHASE 5.01 Notice to Proceed A. Upon execution of the CMAR Agreement, Owner will issue a Phase 1 NTP. B. CMAR shall perform the Preconstruction Phase Work, and shall continue to provide the required services as needed throughout the duration of the Contract. 5.02 Preconstruction Phase Services Fee Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-5 Rev 11/2025 A. Owner will pay CMAR in accordance with the Contract Documents an amount Not to Exceed $3,000,000.00 as full and total compensation, including all expenses, for Phase 1 Work in accordance with the Contract Documents and Exhibit 2 Proposal. B. The Preconstruction Phase Services Fee shall include: 1. All personnel costs, including insurance and benefits in connection with the performance of the Preconstruction Phase Services, as well as the CMAR's overhead and profit for such Services, shall be included in the CMAR's Preconstruction Phase Fee; and 2. Reimbursement of actual costs and expenses incurred in the performance of the Preconstruction Phase Services. C. Submit invoices monthly with a statement detailing Work performed and an estimate of the proportion of Phase 1 services completed at the time of billing. D. It is acknowledged and agreed that, even after the commencement of the Construction Phase of the initial Work Package, the CMAR shall continue to be obligated to perform Preconstruction Phase Services relative to that Work Package and the rest of the entire Work. However, all fees, costs, and expenses in connection with such Preconstruction Phase Services performed after the commencement of the Construction Phase of the initial Work Package, including Preconstruction Phase Reimbursables, shall be reimbursable only to the extent such fees, costs, and expenses are reimbursable as Cost of the Work as established in the initial Contract Amendment (or such subsequent Contract Amendments). 5.03 Contract Time A. Phase 1 is anticipated to be completed by January 30, 2026. Owner may, in its sole discretion, elect to: 1. Extend the time for the provision and completion of Phase 1; or 2. Terminate this Agreement pursuant to this Agreement. 5.04 General Coordination A. Attend regular meetings with the Project Team during the Construction Document review to advise them on Site considerations, selection of materials, building systems and equipment, and methods of delivery of materials, systems and equipment. B. Provide recommendations and information to the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; development of a safety plan and responsibilities for safety precautions and programs; temporary Project facilities; equipment, materials and services for common use of the CMAR and Owner's Third Party Contractors, if any; cost factors, including costs of alternative materials and possible cost savings; methods of verification for determining that the requirements and assignment of responsibilities are included in the Contract Documents; and any other matters necessary to accomplish the Work in accordance with the Project Schedule and the Contract Price. C. Create and continuously update a "Decision Tracking Report," which records all Work issues and the decisions in a format acceptable to Owner. The updates must be done at least monthly immediately prior to the Application for Payment. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-6 Rev 11/2025 D. Coordinate with the Designer and Owner on approvals, reviews, permits and licenses that are required for construction of the Work. 5.05 Pre -Construction Schedule, Progress Schedule and Submittal Schedule A. Within 30 days from the commencement of the Preconstruction Phase Services, develop a Pre -Construction Schedule consistent with the Project Schedule for Owner's review and approval with input from Owner, the Designer, and OAR, which will include the activities of CMAR, Owner, OAR and the Designer during the Pre -Construction Phase. Owner is responsible for obtaining the performance of OAR and the Designer. B. Within 90 days from the commencement of the Preconstruction Phase Services, CMAR shall submit to OAR a preliminary Progress Schedule for both the Pre -construction and Construction Phases of the Project consistent with the Project Schedule and in a form reasonably acceptable to OAR. Said preliminary Progress Schedule shall include, but not be limited to, the durations for all major items of Work to be performed; the start and finish date of all such activities; and the Contract Time Requirements for the Construction Phase of the Project, including the Work Packages, as set out in the Contract Documents. C. Within 30 days from the submission of the preliminary Progress Schedule, CMAR shall submit to OAR for approval, a more detailed Progress Schedule, which will be a Critical Path Method (CPM) schedule depicting all significant activities which will occur on the Project; the duration of such activities; the start and finish dates of such activities; the Contract Time Requirements as set out in the Contract Documents; and the precedence logic of such activities. D. CMAR shall submit to OAR updated Progress Schedules each month to reflect actual progress made and to forecast future progress of the Work. E. Prior to the commencement of the Work under a Work Package, CMAR shall submit to Owner and OAR a cash flow projection depicting the estimated projected monthly cash flow for the Work to be performed pursuant to such Work Package. Such projection shall be updated on a quarterly basis. F. Coordinate all Submittal Schedules for Shop Drawings and Samples required by Contract Documents. These Submittal Schedules must provide a method for reviewing and processing the required Submittals, which is acceptable to all parties. 5.06 Design Review, Constructability Review A. CMAR acknowledges that prior to the submission of a Proposal for any Work Package that it will have satisfied itself, through on -site visits and examination and comparison of survey information, geotechnical reports, and the Construction Documents then made a part of the Contract Documents, as to the conditions and limitations under which the Work under the Work Package is to be performed, including, without limitation: (1) the location, condition, layout and nature of the Site and surrounding areas, including (without limitation) all property lines, visible utility locations, existing improvements, elevations, and other observable physical conditions of the Site and surrounding areas; (2) generally prevailing climatic conditions; (3) anticipated labor supply and costs; (4) availability and cost of materials, tools and equipment; and (5) other similar issues. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-7 Rev 11/2025 B. Consult with OAR, the Designer and Owner during the development of design and provide them with recommendations on improvements, construction phasing, selection of materials, building systems and equipment. CMAR shall provide consultation and recommendations on construction feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including estimated costs of alternative designs or materials, preliminary budgets and value engineering alternatives. Any material or system proposed by CMAR, upon acceptance by Owner, OAR, and the Designer shall be incorporated into the Contract Documents. CMAR shall review the drawings and specifications when they are furnished to CMAR, recommending alternative solutions throughout the Pre - Construction Phase regarding construction feasibility, cost, or schedule. CMAR shall endeavor to provide advice on ways to reduce the construction costs and conform to (and, if possible, shorten) the schedule, without reducing design quality. C. Implement and conduct a constructability review of all Contract Documents employing a systematic analysis process that is used throughout private industry and governmental agencies for projects of the Project's nature, size, and scope. The constructability review services required herein are intended to be comprehensive of the Work to be performed with regard to each Work Package and must be completed prior to the commencement of the Work under the respective Work Package, unless otherwise approved by Owner. 1. Conduct a constructability review to examine all Contract Documents, including without limitation, the plans and specifications, to ensure that the respective scope of the Work under a Work Package will be completed with a minimum of delays from excessive requests for information and Change Orders once the Work under the Work Package is under construction. The review, at a minimum, must evaluate the workability of interrelated systems between civil, architectural, structural, mechanical, and electrical Drawings and Specifications, and review Designer's scheduled installation durations against actual installation requirements for systems integration, to ensure coordination between different design disciplines. Conduct a comprehensive analysis of the construction documents to ensure coordination of all systems in determining the ease of constructability and cost effectiveness of building the Project. If in reviewing the Contract Documents the CMAR discovers any Discrepancies, the CMAR must immediately notify the Owner and Designer about the Discrepancies. 2. Prepare a "Constructability Review Report," which outlines items that in the CMAR's opinion may cause problems in the way the Project is proposed to be constructed and which will document identifiable Discrepancies and potential problems with the construction documents that, if left unattended, may result in ineffective or inefficient constructability, Change Orders or Claims once Project construction commences. 3. Propose the most practical solution to resolve the Discrepancies and potential problems. Additionally, CMAR shall recommend alternative design suggestions for consideration and document potential savings that require the minimum impact to the Project Schedule and Contract Price and further the best interest of the Project. 4. Notwithstanding anything to the contrary in this Agreement or in the Contract Documents, it being acknowledged and agreed that this provision prevails, the CMAR is not responsible to the Owner, Designer, or any of their other design professionals or consultants for the design of the Project or for any claims, damages, losses, or expenses resulting from any such errors, inconsistencies, or omissions in the Project's design. The CMAR does not control the Project design or contents of the Contract Documents and does not assume Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-8 Rev 11/2025 responsibility or liability for the Project design by its limited participation in design related reviews from a construction perspective. For the abundance of clarity, the Owner's Designer, and their Design Professionals, is an independent contractor and assumes the full risk of the design. The CMAR's review of the Project design and Contract Documents and providing recommendations, consulting, and constructability reviews are solely for the purposes of facilitating the construction of the Work and is only advisory to the Owner. 5.07 Budget, Cost Estimating and Cost Control A. Preliminary Cost Estimating 1. Within 45 calendar days from the commencement of the Preconstruction Phase Services, the CMAR shall prepare, for the review of the Designer and approval of the Owner, a Preliminary Cost Estimate for the Work of the Project in reasonable detail and based upon the Drawings and Specifications and such other construction documents approved by the Owner for cost estimating and such other information furnished by the Designer and the Owner, utilizing area, volume or similar conceptual estimating techniques for the Work. 2. When Schematic Design Documents have been issued by the Designer for the entire Work or for any Work Package and approved by the Owner for cost estimating, the CMAR shall prepare, for the review of the Designer and approval of the Owner, a cost estimate for the Work or the respective portion thereof in reasonable detail, with such supporting data as reasonably requested by Owner. During the preparation of the Design Development Documents, the CMAR shall update and refine this estimate at appropriate intervals agreed to by the Owner and CMAR. 3. CMAR shall provide such additional cost estimating as may be required for preparing the Proposal for the Work and each Work Package as directed by the Owner. B. Cost Management Report. 1. With regard to each preliminary cost estimate CMAR is required to provide, including the pricing for the Proposals for each Work Package, the CMAR shall provide a Cost Management Report. C. Schedule of Values 1. As part of the negotiation of the Guaranteed Maximum Price for each Work Package, CMAR shall provide an initial Schedule of Values for that scope of the Work. Owner will review the initial contents and format for the Schedule of Values after receipt and suggest any revisions or request any additional information. Further, the Schedule of Values will conform to the requirements of the Contract Documents, will be subdivided into component parts in sufficient detail to serve as the basis for Progress Payments during the Project, and will be updated as needed, but at least monthly prior to submitting each Application for Payment. D. Procurement and Estimates 1. CMAR shall prepare and be responsible for all Subcontractor procurement and construction cost estimates. E. Cost Control, Recommendation — Contract Price and Price Time Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-9 Rev 11/2025 1. CMAR shall advise the other members of the Project Team immediately, if at any time the CMAR has knowledge or belief that the Contract Price or Contract Time Requirements will not be met, and make recommendations to the Project Team for corrective action to bring the costs down or to bring the Project back on Schedule. 5.08 Construction Planning A. CMAR shall provide to Owner for review and approval a "Procurement Plan" which contains the CMAR's procurement process and procedures. It should contain information such as identification of long lead items, recommended phased construction, identification of work to be self -performed, negotiated with and awarded to key vendors, Suppliers and Subcontractors, and/or bid or acquired by Competitive Sealed Proposal method, including evaluation criteria and award factors, identification of work to be self -performed, solicitation documents and subcontractor agreements and forms, scoring matrix and evaluation method, bid award process, outreach efforts and solicitation schedule. Solicitation schedule should include key dates and milestones such as advertisement dates, bid openings, and Proposal dates, review period, proposed City Council dates and approvals and any other information relative to the CMAR's procurement process. B. Identify any equipment, materials or other components of the Work for which orders must be placed in advance of the commencement of the respective Work in order to achieve the applicable Contract Time Requirements and to protect the Owner from excessive cost escalations ("Long Lead Items") and expedite the procurement by both CMAR and Owner of Long Lead Items to ensure delivery and installation for all Construction Trades Packages by the dates provided on the Progress Schedule and within the applicable Contract Time Requirements. C. Develop a quality control Work plan to assure requirements of the Contract Documents are met with a minimum of remedial work. The CMAR will plan for scheduling all needed tests with Owner, Owner's Third -Party Contractors and consultants and any applicable testing agencies. D. CMAR shall make recommendations to the Owner and Designer regarding the phased issuance of Drawings and Specifications to modify the existing schedule of the Work Packages or to add Work Packages to facilitate construction of the Work, if such modifications or additions are appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities. E. As requested and approved by Owner, issue invitations for bids and/or requests for technical proposals to qualified sources and receive bids and/or proposals and assist in their evaluation. F. Schedule and conduct pre -bid and/or pre -proposal conferences with interested proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of same. 5.09 Failure to Perform Preconstruction Phase Services A. If CMAR fails to timely perform any of the Preconstruction Phase Services set out herein, and if, in the Owner's judgment, Owner determines that the Project is not on schedule, the Owner shall notify CMAR who must immediately provide Owner and Designer with a recovery schedule. The recovery schedule must include any and all actions necessary to get Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-10 Rev 11/2025 the Project back on schedule and must remain in effect until the progress of the Work is back on schedule in Owner's sole judgment. B. CMAR is not entitled to an increase in Contract Price for any additional effort it applies to the Work under this Section to the extent due to CMAR's fault. C. Failure to immediately act to provide a recovery schedule for Owner's approval or to implement an approved recovery schedule, is grounds for termination for cause. 5.10 Construction Contract Amendment Negotiations A. During Phase 1, CMAR shall participate in price negotiations, on an open book basis, for a price to complete Phase 2 and deliver a fully functional and complete Project. B. CMAR shall submit a Binding Construction Price Proposal following the resolution of comments on Designer's 60% design submittal. The Binding Construction Price Proposal shall be based on the most recent baseline cost model and include the Baseline Schedule on which it is based and a proposed construction draw schedule. 1. The Binding Construction Price Proposal shall include a validity date that provides Owner 60 days, or as mutually agreed, to either accept or reject the proposal ("Validity Date"). City Council action may be required to accept or reject the Binding Construction Price Proposal and authorize the Contract Amendment. 2. The Binding Construction Price Proposal shall be an estimate, prepared and provided on an open book basis, of the cost to complete the Project in the form of a Contract Amendment. At a minimum, CMAR's Binding Construction Price Proposal shall contain the following information: a. Unit prices; b. Quantity take -offs; c. Cost of the Work including material costs, equipment costs, labor costs, hourly labor rates, crew sizes, shifts per day, hours per shifts (labor rates shall include employee benefits, payroll taxes and other payroll burdens); d. Risk assumptions and assignments of risks; e. Contingencies and Allowances; f. CMAR's Fee; g• Production rates, transportations, and other facilities and services necessary for the proper execution of the Work; h. Pricing of subcontracted Work and copies of quotations from Subcontractors and Suppliers; i. Field indirect costs, bonds, taxes and insurances; j. A narrative of all assumptions made in generating the estimate; k. A Baseline Schedule for completion of the Work; I. A construction draw schedule; m. Construction Pricing Documents; and Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-11 Rev 11/2025 n. A Schedule of Values in accordance with paragraph 17.03 of the General Conditions. C. CMAR, Owner and the Independent Cost Estimator ("ICE") shall meet to review the Binding Construction Price Proposal, reconcile differences and attempt to negotiate the Contract Amendment prior to the Validity Date of the Binding Construction Price Proposal. D. CMAR shall submit updated Binding Construction Price Proposals as may be necessary to continue negotiations for the Contract Amendment or until Owner terminates this Agreement in accordance with Article 9. E. Owner shall not be obligated to accept a Binding Construction Price Proposal where the total cost of Phase 2 exceeds the contemporaneous ICE estimate for the total cost of Phase 2 by 10% or more. Owner shall not be obligated to accept a Binding Construction Price Proposal solely on the basis that a Binding Construction Price Proposal contains a total cost of Phase 2 that is within 10% of the contemporaneous ICE estimate. ARTICLE 6 — PHASE 2 CONSTRUCTION 6.01 Notice to Proceed — Phase 2 A. CMAR shall provide Performance and Payment Bonds in accordance with Article 6 of the General Conditions. B. The insurance required by CMAR to be provided in Article 6 of the General Conditions in effect by the commencement of the Phase 2 Work. However, the insurance required by CMAR under Article 6 shall not be required to be effective in the event Owner issues an interim or limited Notice to Proceed for certain Phase 2 Work items including, for instance, Early Work packages, procurement of long -lead items, and the like. Notwithstanding anything to the contrary and for clarity, property insurance required under this Agreement shall be effective upon issuance of the Phase 2 Notice to Proceed. C. Upon approval of the Contract Amendment, Owner will issue CMAR a Notice to Proceed for Phase 2. 6.02 Construction Phase Services Fee A. The Contract Amendment shall include the cost to complete each scope of work and include the Construction Markup, General Conditions Cost and premiums for bonds and insurance. 1. The CMAR's Fee shall be 15% of the Cost of Work as defined in Article 15 of the General Conditions. 2. The General Conditions/Field Indirect Costs shall be $TBD — Phase 2 Amendment. 3. The cost of performance and payment bonds and insurance for the project shall be $TBD — Phase 2 Amendment. B. In the event that the Construction Phase is divided into two or more Work Packages, the CMAR's Fee for a respective Work Package shall be set out in the Proposal for that Work Package and shall be allocated to such Work Package in an amount which bears the same ratio to the CMAR's Fee as the estimated Cost of the Work of that Work Package (as reflected in the Proposal) bears to a reasonable estimate of the Cost of the Work of the entire Project. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 00 52 27 - 12 Rev 11/2025 6.03 Contract Time A. Phase 2 completion dates will be negotiated and set forth in the Contract Amendment. 6.04 Construction A. CMAR shall complete all Work as specified or indicated in the Contract Documents, including the General Conditions. ARTICLE 7 — EARLY WORK PACKAGES 7.01 Early Work Package A. During Phase 1, identify discrete aspects of the construction work that can be performed prior to execution of a Contract Amendment. CMAR shall attempt to identify construction work that can be performed on its own and without dependence on performance of any other construction work. CMAR shall identify potential Early Work Packages that mitigate risk and enable timely completion of the remaining construction work. 7.02 Early Work Package Contract Amendment Negotiation A. CMAR shall submit a Binding Construction Price Proposal with the construction documents for the Early Work Package. The Binding Construction Price Proposal shall include the Baseline Schedule on which it is based and a proposed construction draw schedule. B. CMAR shall submit updated Binding Construction Price Proposals as may be necessary to continue negotiations for the Early Work Package. C. Each Binding Construction Price Proposal shall be an estimate, prepared and provided on an open book basis, of the cost to complete the Early Work Package in the form acceptable to Owner. At a minimum and to the extent applicable, CMAR's Binding Construction Price Proposal shall contain the following information: 1. Unit prices; 2. Quantity take -offs; 3. Cost of the Work, including material costs, equipment costs, labor costs, hourly labor rates, crew sizes, shifts per day, hours per shifts (labor rates shall include employee benefits, payroll taxes and other payroll burdens); 4. Risk assumptions and assignments of risks; 5. Contingencies and Allowances; 6. CMAR's Fee; 7. Production rates, transportations, and other facilities and services necessary for the proper execution of the Early Work Package; 8. Pricing of subcontracted work and copies of quotations from Subcontractors and Suppliers; 9. Field indirect costs, bonds, taxes and insurances; 10. A narrative of all assumptions made in generating the estimate; Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 00 52 27 - 13 Rev 11/2025 11. A Baseline Schedule for completion of the Early Work Package; 12. A construction draw schedule; 13. Construction pricing documents; and 14. A Schedule of Values in accordance with Article 17 of the General Conditions. D. Early Work Package Contract Amendment Negotiations 1. CMAR, Owner and the Independent Cost Estimator ("ICE") shall meet to review the Binding Construction Price Proposal, reconcile differences and attempt to negotiate the Early Work Package. 7.03 Notice to Proceed A. Upon approval of the Early Work Contract Amendment and acceptance of the construction documents, Owner will issue CMAR a Notice to Proceed for the Early Work Package to be completed under the Contract Documents. 7.04 Contract Price A. Early Work Package contract price will be negotiated and set forth in the Early Work Package Contract Amendment(s). 7.05 Contract Time A. Early Work Package completion dates will be negotiated and set forth in the Early Work Package Contract Amendment(s). 7.06 Permits A. Obtain and pay for all necessary permits, approvals, licenses, government charges and fees required for the prosecution of the Early Work Package by any government or quasi - government entity having jurisdiction over the Project except as otherwise provided in the Contract Documents. CMAR may submit a Change Proposal pursuant to Article 12 of the General Conditions if, without any fault of CMAR, it encounters an unanticipated delay or additional cost in obtaining such permits, approvals, licenses, government charges or fees. B. Provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. ARTICLE 8 — TERMINATION OF AGREEMENT PRIOR TO PHASE 2 NTP 8.01 Termination A. Owner may, in its sole discretion, exercise its right to discontinue efforts with respect to completing Phase 1 at any time, and for any reason, prior to issuance of the Phase 2 NTP by implementing a termination for convenience. To effect such termination, Owner shall provide notice of the Work that has already commenced and that is to be completed prior to the effective date of the termination of the Agreement. B. Owner's termination of the Agreement after issuance of the Phase 2 NTP with respect to Phase 2 or an Early Work Package shall be governed by Article 18 of the General Conditions. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 00 52 27 - 14 Rev 11/2025 8.02 Work Product A. If Owner terminates the Agreement pursuant to this Article, CMAR shall deliver all Work Product produced in the performance of the Agreement to Owner within five days of Owner's notice of termination. B. In addition, CMAR shall assign or take such other steps as may be necessary to transfer the interests or rights under any applications for governmental approvals, material orders or otherwise to Owner. C. CMAR shall not withhold any Work Product on the basis that Owner has not yet paid the final invoice submitted by CMAR. 8.03 Payment A. If Owner terminates the Agreement pursuant to this Article, CMAR shall only be entitled to payment for the Phase 1 Work performed up to the date of termination, any Work performed under an Early Work Amendment, and reasonable demobilization costs, if any, which shall include, but not be limited to, reasonable cost(s) incurred by CMAR to break contractual obligations with Subcontractors, Subconsultants, Suppliers, Vendors, and Materialmen entered prior to the notice of termination. CMAR shall submit a final invoice of Work performed to Owner within 45 days of completion of the Work identified as to be completed in Owner's notice of termination. Except for a claim that Owner failed to pay sums owed to CMAR for Work performed, CMAR shall not be entitled to any damages of any nature arising out of Owner's termination of the Agreement pursuant to this Article. B. CMAR acknowledges that Owner is a public entity and has a duty to document the expenditure of public funds. The failure of CMAR to comply with the submittal of the work product and final invoice, as required in this Article, shall constitute a waiver by CMAR of any and all rights or claims to payment for services performed under this Agreement. ARTICLE 9 — KEY INDIVIDUALS 9.01 The Contract Documents specify Key Individuals, which are further detailed in Exhibit 3. 9.02 Key Individuals shall not be replaced or substituted unless such removal or substitution is (i) permissible due to good cause shown, as such phrase is defined in paragraph 2.04 of the General Conditions, and (ii) approved in writing by Owner, in Owner's sole discretion. Any proposed replacement individual must meet the requirements of the role and exhibit the same qualifications as the original individual, unless otherwise approved by Owner. 9.03 Owner and CMAR recognize the importance of retaining qualified personnel and the importance of the Key Individuals for successful performance and completion of the Project. Owner and CMAR agree that Owner will suffer financial loss if the Key Individuals are changed or vacant. Owner and CMAR also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if key individuals are changed or vacant. Accordingly, instead of requiring any such proof, Owner and CMAR agree the individuals identified in Exhibit 2 as Key Individuals shall perform the role and responsibilities stated therein, and CMAR's failure to maintain such individuals in their identified roles or perform the identified responsibilities shall entitle Owner to assess the Liquidated Damages. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-15 Rev 11/2025 A. CMAR shall not remove or substitute any person identified as a Key Individual unless approved in writing by the Owner. B. CMAR shall replace any person identified as a Key Individual within 90 days of departure of the Key Individual unless approved in writing by Owner. If CMAR fails to replace the Key Individual, beginning on the 91' day of vacancy, CMAR shall pay Owner $2,000 each day that CMAR does not have an approved Key Individual. ARTICLE 10 — CMAR'S REPRESENTATIONS 10.01 The CMAR makes the following representations: A. The CMAR has visited the Site and become familiar with and is satisfied as to the general, local, and observable Site conditions that may affect cost, progress, and performance of the Work. With respect to the Phase 2 Work, CMAR will perform such additional inspections during the Phase 1 Work as specified in the Contract Documents to obtain additional information as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. B. The CMAR is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work at the time of Agreement Execution. C. CMAR has, or shall, before the submission of the Binding Construction Price Proposal, carefully studied the following Site -related reports, if any: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. D. CMAR has considered the: 1. Information known to CMAR; 2. Information commonly known to designers and contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and E. CMAR has considered the items identified in the Contract Documents with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by CMAR; and 3. CMAR's safety precautions and programs. Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-16 Rev 11/2025 F. CMAR's entry into this Contract constitutes an incontrovertible representation by CMAR that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. G. CMAR verifies that it does not boycott Israel and will not boycott Israel during the term of this CMAR Agreement. H. CMAR verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and that it will not discriminate against a firearm entity or firearm trade association during the term of this CMAR Agreement. I. CMAR verifies that it does not boycott energy companies and will not boycott energy companies during the term of this CMAR Agreement. J. CMAR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS. ARTICLE 11— ACCOUNTING RECORDS 11.01 Accounting Record Availability: The CMAR shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions. Owner's right to audit the CMAR's records is set out in paragraph 32.02 of the General Conditions. ARTICLE 12 — CONTRACT DOCUMENTS AND ORDER OF PRECEDENCE 12.01 Contents: A. The Contract Documents consist of the following, and in the event of any conflict, discrepancy or inconsistency among any of the Contract Documents that make up this contract, the documents take precedence in the following order: 1. Change Orders and Contract Amendments 2. Documents listed in the Table of Contents for the Project (including CMAR Agreement and General Conditions) 3. Exhibit 1 - Site Plan 4. Exhibit 2 — Proposal 5. Exhibit 3 — Key Individuals 6. Design and Construction Documents B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract Documents. [Signature Page Follows] Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-17 Rev 11/2025 Contract Document Signatures CITY OF CORPUS CHRISTI 8re-ft Van/ f-lwze-C Brett Van Hazel (Jan 9, 202616:50:34 CST) 01/09/2026 Brett Van Hazel, P.E. Director of Water Supply Management Ord. 033820 AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Francis Y.Pi d ( 9, 202615:24:18 CST) 01/09/2026 RH/SB Assistant City Attorney 12/16/2025 CMAR: Garney Companies, Inc. BY Bill Williams 0261030 06 PST) 01/08/2026 Title: Executive Vice President 7850 Collin McKinney Parkway, Suite 110 Address McKinney, TX 750 City 816-258-0332 State Zip Phone Fax bwil liams@garney.com EMail END OF SECTION Construction Manager -At -Risk Agreement Evangeline/San Patricio Co. Groundwater Program (27100) 005227-18 Rev 11/2025 URVEY LEGEND NOTES: P -FOUND IRON ROD A - IVNI-NiAnIMONUMIENT VW) 4NN MULTIPLE OWNERS PROPERTY ID 1043139 MULTIPLE OWNERS 581.13 ACRES PROPER, ID 1043143 CITE OF SINTON 300.00 ACRES 1 WarrantyAbstracts ond County Line. T.15,5.5188 surve., elven-a s and [he county bound, 5hortn hereon have nat been field ',Wind and 5hould CEnndered apprommace. Scope of Interest. This enhen Onfineales waler Irecis pursuant 10 Ihe Fee Simple cumeem dated in the°final Pem Peco enne of San Patric, u^N oO lu iN85.5 E8NdE'd'n.rs.E. .gym T. BAKER SMITH A CENTURY Of IONS 3354 -FM 113E63 Ata113mPam TX78399 {61)3346719 - ttrtnph rate TBPLS #101945T5 MUSOUIZ SURVEY ABSTRACT NO. 20 ABSTRACT NO. 24 MULTIPLE OVENERS 1,2E938 ACRES PROPERTY ID 1043206 TRACT VI -A 4,806.19 ACRES FAMILY TRUST 15093 ACRES ENo 8a13 D 50.00 ACRES C. P, EVANGEL 355 SEE. 2 o /p DOC. NO. 070012 /. ewe FNoX IHONRoo RICHARD THE P. THOM 5 FAMILY TRUST 0 ACRES Doc. NO.676410 TRACT V-B (HAMILTON-INGLESIDE LTD) 4.43 ACRES DRAY 13 APPROVED B AO/ SAN PATRICIO COUNTY ATHLETIC DOC NO 626957 ABSTRACT MULTIPLE OWNERS 916.70 ACRES PROPERTY ID 1043120 ABSTRAC TRACT III (R.H. V 5.568 TRACT V-A (HAMILTO 642.60 A EXHHIT 3 DOCNO 84€l20 BOUNDARY EXHIBIT DATE 9/28 JOB NO 0 80 Nwatr.1RmRRTER RIGHTS ONLY FINAL 202stz-i2 TSOU, DUMNADAS SP SOUZONE GEO. ct )I VERT. DATUM NAVDae GRID UNITS, US SURVE FEET SHEET NO OF CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT LOCA'I'I_D IN SAN PATRICIO COUNIY, IEXAS La & P QUINN SURVEY ABSTRACT NO. 29 SURVEY ACT NO.27 LEGEND FOUND 00 Ezoni Roo QP APPROXIMATE COUNTY LINE AS DETERMINED BY TAX APPRAI AL MAPS TRACT IV (E-H PARTNERSHIP_ LTD.) 3,522.07 ACRES AM a REOUPY SURVEY ABSTRACT NO.I2 Sa9''61'10 / ARANSASRNER 9 MULTIPLE OWNERS 212.87 ACRES PROPERTY ID: 1043146 M. DE LA. AREA SURVEY ABS PACT NO. 9 MULTIPLE OWNERS PROPERTY ID. .431. DRSPCT 11,1ULTIPLE OWNERS 581.13 ACRES MULTIPLE 768.9.3 PROPERTY MUSQUE ABSTRACT MULT 1,26 T. BAKER SMITH A CENTURY Of ION$ 3854 -FM 113(163 AtareasPass, TX MDR (21)3346719-ttrtnlikan TBPLS #(0194575 DRAY B APPROVED BY AN/ BOUNDARY EXHIBIT EVANGEL DATE 9/20 JOB NO wUIVA mIORTER reiGRTS ONLY FINAL 202 PROJECTU EXAS SP SOUTH ZONE GEO. ct )I VERT. DATUM NAVDae GGRIDUNRS, NUS SURVE FEET SHEET 0 2 OF CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT LUCA'I'I_U IN SAN PATRICIO COUNTY, IEXAS OWNERS ACRES TRACT 11-1 (EDWARDS 1976 TRUST A) 1,456.14 ACRES T. BAKER SMITH A CENTURY Of IONS 3854 fM 1989 AtaleasPass, TX78339 { 1)3346719-1lsmphram TBPLS #10194575 MULTIPLE ONMERS s.70 ACRES PROPERTY o 1043126 F.R. PORTILLA ABSTRACT NO.26 TRACT III (R.H. WELDER HEIRS, LTD.) 5,568.31 ACRES EVANGEL TRACT I (OAKES DAVID EDWARDS, JR.) 4.381.67 ACRES DRAY El m>e=soasw APPROVED B 51 ADD 536 56 381...V O9 C0-555680 54C V' 05, F.R. PORTILLA SURVEY ABSTRACT NO.26 Co=633.61' LEGEND MONUMENT (G., BOUNDARY EXHIBIT DATE JOB NO wkkel.1iwa101.TER RIGHTS ONLTFINAL PEOJECTM TEXAS SP SOUTH ZONE GEO. c1 )I VERT. DATUM NAVo6 GRID UUNITS, US SURVE FEET SHEET 0 3 OF CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT LOCA'I'I_IJ IN SAN PATRICIO COUNIY, IEXAS TRACT I (OAKES DAVID EDWARDS, JR.) 4,381.67 ACRES NiB 4458 5.84ae' 557 S 1EIRS, LTD.) zS S.` 02' 15'W F.R.PORTILLA SURVEY ABSTRACT NO.26 USH Wp1HR0W.I lV sg\NglE P.O.B. TRACT I AND TRACT III LEGEND • N OD ADM PORT - CONCRETE MONUMENT T. BAKER SMITH DRAY El APPROVED S BOUNDARY EXHIBIT A CANYLRY Of IONS 3654 -FM 1151863 AtareasPass, TX 78338 061)3344719 - Rstnph rate TBPLS #10194575 EVANGEL DATE No 0 PO mliGUIVA mRRTER reiGRTS ONL,FINAL 202stz-i2 PROJECTION.TEXAS XAS SP SOUTH ZONE GEO. ct )I VERT. DATUM NAVDae GRID UNITS, NUS SURVE FEET SHEET 0 4 OF CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT LOCA'I'I_IJ IN SAN PATRICIO COUNIY, IEXAS MULTIPLE OWNERS 1,69.88 ACRES ROPER, ID 1043206 DRSPCT ;T VI -A 9 ACRES J.F. N Al. PORTILLA SURVEY ABSTRACT NO. 24 MULTIPLE OWNERS 916.70 ACRES PROPERTY ID 1043126 Ea 16.8 �p „ory FUG DOC. NO.676,11. /. F.R. PORTILLA SURVEY ABSTRACT NO.26 TRACT III (R.N. WELDER HEIRS, LTD.) 5,568.31 ACRES TRACT V-A (HAMILTON-INGLESIDE LTD.) 642.60 ACRES OEXHIBIT A s RICHARD P. THOM AS AND 97.347 ACRES P T O o.Rs.acT. EXEMPT TRUST oRSPCT` y TRACT V-B (HAMILTON-INGLESIDE LTD) 4.43 ACRES SAN PATRIOCOUNTY ATHLETIC S.o ACRES T. BAKER SMITH A CENTURY Of IONS 3654 -FM 11A AtoroasPass. TX 78399 {61)3346719 - tbs nphrate TBPLS #10194575 J. HENDERSON SURVABSTRACT EY EVANGEL ULRICH FAMILY HOLDINGS LP SAN PATRICIO COUNTY ATHLETIC 8,0 ACRES DRAY B F Ft PORTILLA. SURVEY ABSTRACT NO F.R. PORT1LLA SURVEY ABSTRACT NO.. TRACT 11-2 (EDWARDS 1976 TRUST A) 872.57 ACRES EEK ABSTRACT NO.251 547.78 300.91 APPROVED B AN/ F.R. PORTILLA SURVEY ABSTRACT NO.26 ALLEGIANT FUND ILP 1,769.41 ACRES LEGEND BOUNDARY EXHIBIT DATE 9/20 JOB NO 0 80 mliGUNDA mRRTER reiGHTS ONLTFINAL 202stz-i2 PROJECTION.TEXAS SP SOUTH ZONE DATUM ct )I VERT. DATUM NAVD88 GRID UNRSUS SURVE FEET SHEET 0 5 OF CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT LOCA'I'I_ IJ IN SAX PATRICIO COUNIY, IEXAS Line Table Line No Length Direction 00,0 Li. Table Line No Length Direction Line Table Line No Length Direction Line Table Line No Length Direction 13027 6119. Line Table Line No Length Direction 12111 Line Table Line No Length Direction teat Line Table Line No Length Direction 36.8 LIO 333,0 33,9 55.0 9,161 LI 425.15 010,1 66807 I NI LLI 21026 825 ,655 L. 22. 329 20030 705. 124,2 it age L. 1.27 Lil 119, L. 122. 3200 354 L. 120.31 353 184, L. 192, 620 125, 1,20 313,4 Line Table Line No Length Direction 6662 9,14 1,71 200,4 22221 137, 222.61 1,528 33,11 2.10,8 19809 132,5 183.19 1,93 123.7 72,0 117, 74,1 300 107.56 06,0 101. LIII 31.52 10327 1117 L. 07,2 125.67 165.94 101.70 112.38 114.40 22542 21/ 127211 177.00 1.210 210.62 232.89 119.04 229.61 143.79 L. L. 150.84 16,43 12361 240.61 1103 100.70 .10 102.07 206. LIIS 138,7 11362 Line Table Line No Length Direction .119 2420 111,2 15618 Laza 10425 105.00 .127 .35 .129 162.06 10431 .33 Laas ,37 14, 156. .149 13241 .142 .252 144,2 136, 136. 168.60 L. 127.30 17,49 204,8 225.63 122, 247.56 191.71 209.50 208.39 142.24 299.30 238.00 L. 319.08 ,679 LILL Line Tarte Line No Length Direction 67/011 .109 1076 ,79 14, ,93 1.94 120,3 254.25 .00 120.35 .33 1,10 126.77 Lila 159.47 124411 1,22 122.79 146.33 15125 78,1 ,1221 .51 15663 101,4 14960 L. 100,9 ,1310 91.67 374, 111022 3366 73.66 073,1 161,5 3923 75,6 179,5 157. 3902 14.2 1,07 42,2 1,09 138.00 183.72 Line Table Line No Length Direction 3323 3167 6/201 92.9 12,0 16,3 100, 144.50 221. ,1539 3267 .40 11060 174,9 110,7 139. 13,43 214,4 6550 191,5 200,3 3557 197,0 100.16 672 164, 108,4 114,0 1218 252.43 153.19 1,33 207,5 1115,1 1333, 283,12 100. 133, 123.43 20069 155.92 200, 223.84 16610 1200 173.35 1205 .05 1207/ 1208 1282 1240 189.72 1242 20652 190.73 1242 1247/ 180.50 1242 150.50 .51 1150 152,7 1255 1255 111.92 1252 197.33 101.50 165 Line Tahle Line No Length Direction .88 1/15.54 119.44 11,22 170.50 105.24 .82 130. .88 191.40 17603 138.25 127.37 224 LOH 159.22 1206, 233.20 20.6 1,217/ 152.11 1315 304.64 253.36 192.29 2,00 S105 DI 12263 133.16 14,60 121.67 111.65 112.53 143,0 125.52 1,37 2202 186.71 112, 123,6 .100 17525 .114 tatota 100,7 tat Line Tao, Line No Length Direction 325.26 320, 133.40 166.75 240.55 21060 13,.31 190,5 200, 170.95 119.13 298,0 130.60 127.82 142.70 109,0 150. 327.77 1.24 349.73 349.33 1,70 372.26 62206 9,49 39,5 105,0 10560 13062 2220 100,0 164,7 126.40 99,9 3/0219 288,9 100. 134,5 172,5 10222 3358 161.07 175.43 1.53.13 3322 133, 100,7 Line Tahle Line No Lenglh Direction 34665 888313 909, 026. 7,60 180,1 227.18 5288 329.11 510,9 1518, 996. 503,2 LEGEND T. BAKER SMITH APPROVED BY MUD BOUNDARY EXHIBIT A CENTURY Of IONE EVANGEL JOB NO. 2025.1380 PPOJECTICIN.TEXAS SP SOU, ZONE GRID UNITS: US SURVE FEET SHEET NO 6 OF 6 CITY OF CORPUS CHRISTI EVANGELINE WATER PROJECT SAN PATRICIO COUNTY, TEXAS GC' GARNEY Classification Principle -In -Charge Regional Manager Area Manager Sr. Project Manager Project Manager Asst Project Manager Project Engineer Sr. Superintendent Superintendent Assist. Superintendent Field Engineer BIM/VDC Scheduler Field Clerk Project Coordinator Regional Safety Manager Safety Manager QA/QC Support Chief Estimator Sr. Estimator Estimator Foreman (Job Foreman) Carpenter Concrete Finisher Pipe Layer Skilled Laborer Crane Operator Excavator Operator Loader Operator Dozer Operator Misc. Operator Intern / Co -Op Billing Rate 329.00 314.00 270.00 226.00 181.00 145.00 270.00 226.00 181.00 145.00 211.00 189.00 $ 92.00 112.00 226.00 167.00 189.00 248.00 211.00 $ 184.00 Hourly OT Rate 116.00 $ 276.00 85.00 $ 174.00 76.00 $ 127.50 85.00 $ 114.00 69.00 $ 127.50 103.00 $ 103.50 101.00 $ 154.50 80.00 $ 151.50 80.00 $ 120.00 73.00 $ 120.00 62.00 $ 109.50 Evangeline - Wage Rate Sheet 12/13/2025 EXHIBIT 3 KEY INDIVIDUALS Key Individual Name / Email / Phone CMAR's Representative Andy Hawthorne Project Manager Bart Slaymaker / Daniel Murray Pre -construction Services Construction Manager Sam Marston Control (SCADA) & Automation Lead Prime Controls Corrosion/Specialty Materials Lead Bart Slaymaker / Daniel Murray Construction Superintendent Shane Johnson Commissioning Lead Justin Dreitzler Quality/Safety Manager Marcus Kirk Exhibit 2 Evangeline/San Patricio Co. Groundwater Program (27100) 1 Rev 10/2025 00 61 14 PERFORMANCE BOND (CMAR) BOND NO. Construction Manager -At -Risk as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 Contract Project name and number: Award Date of Contract: Construction Budget: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E-Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll free number: 1-800-252-3439 Performance Bond (CMAR) Evangeline/San Patricio Co. Groundwater Program (27100) 006114-1 Rev 10/2025 Surety and CMAR, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the CMAR as Principal faithfully performs the Work through the Warranty Period required by the Contract Documents then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. The CMAR Agreement between Owner and CMAR is incorporated by reference into this Statutory Performance Bond, pursuant to Chapter 2253 of the Texas Government Code. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapters to the same extent as if they were copied at length herein. If CMAR does not faithfully construct and complete said Work through the Warranty Period under its contract with Owner, and Owner invokes its contractual rights and declares CMAR in default, Surety shall promptly remedy the default, and at Owner's sole option, Surety shall: 1. Within a reasonable time (but not later than 30 days after Surety receives written notice of CMAR's default), with written notice to Owner, step into and assume the role, all rights and all obligations of the defaulting CMAR under the Contract. Upon assumption of this role, Surety shall directly contract with a Completion Contractor hired/engaged by Surety to complete the Work. The selection of the Completion Contractor must be approved in writing by Owner. Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the Work; or 2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of Owner's written notice of Default, Owner may, at Owner's sole discretion, select a Completion Contractor in accordance with Texas law to complete the Work. In this event, Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner's selected Completion Contractor to complete the Work; or 3. At Owner's sole discretion, Surety shall pay Owner the estimated amount for Owner to execute a Project Completion Contract with a Completion Contractor, selected by Owner in accordance with Texas Law, solely to complete the Work. Surety shall pay Owner any and all costs, up to the Bond Sum, for Owner -selected Completion Contractor to complete the Work. Venue shall lie exclusively in Nueces County, Texas. Surety agrees to be bound by the mediation clause in Article 22 of the General Conditions of the Contract Documents between Owner and CMAR, said contract incorporated by reference in this Bond. Performance Bond (CMAR) Evangeline/San Patricio Co. Groundwater Program (27100) 006114-2 Rev 10/2025 CMAR as Principal Signature: Name: Title: Email Address: Surety Signature: Name: Title: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond (CMAR) Evangeline/San Patricio Co. Groundwater Program (27100) 006114-3 Rev 10/2025 00 61 17 PAYMENT BOND (CMAR) BOND NO. Construction Manager -At -Risk as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78401 Contract Project name and number: Award Date of Contract: Construction Budget: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E-Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll free number: 1-800-252-3439 Payment Bond (CMAR) Evangeline/San Patricio Co. Groundwater Program (27100) 006117-1 Rev. 10/2025 Surety and CMAR, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the CMAR as Principal pays all claimants providing labor or materials to it or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapters to the same extent as if they were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. CMAR as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond (CMAR) Evangeline/San Patricio Co. Groundwater Program (27100) 006117-2 Rev. 10/2025 00 72 00 GENERAL CONDITIONS - CMAR Table of Contents Page Article 1— Definitions and Terminology 10 1.01 Defined Terms 10 1.02 Terminology 15 Article 2 — Preliminary Matters 16 2.01 Delivery of Bonds and Evidence of Insurance 16 2.02 Copies of Documents 16 2.03 Project Management System 16 2.04 Before Starting Construction of Work Packages 16 2.05 Preconstruction Meeting; Designation of Authorized Representatives 17 Article 3 — Contract Documents: Intent, Requirements, Reuse 17 3.01 Intent 17 3.02 Reference Standards 18 3.03 Reporting and Resolving Discrepancies 19 3.04 Interpretation of the Contract Documents 20 3.05 Reuse of Documents 20 Article 4 — Commencement and Progress of the Work 20 4.01 Commencement of Contract Times; Notice to Proceed 20 4.02 Progress Schedule 20 4.03 Delays in CMAR's Progress 21 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 22 5.01 Availability of Lands 22 5.02 Use of Site and Other Areas 23 5.03 Subsurface and Physical Conditions; Underground Utilities 23 5.04 Differing Subsurface or Physical Conditions, including Underground Facilities 24 5.05 Hazardous Environmental Conditions at Site 25 Article 6 — Bonds and Insurance 26 6.01 Performance, Payment, and Other Bonds 26 6.02 Licensed Sureties 27 6.03 Required Minimum Insurance Coverage 27 General Conditions - CMAR Corpus Christi Standards 007200-1 Rev 11/2025 6.04 General Insurance Provisions 29 6.05 CMAR's Insurance 30 6.06 Property Insurance 32 6.07 Waiver of Rights 33 6.08 Owner's Insurance for Project 34 6.09 Acceptable Evidence of Insurance 34 6.10 Certificate of Insurance 34 6.11 Insurance Policies 35 6.12 Continuing Evidence of Coverage 35 6.13 Notices Regarding Insurance 35 6.14 Texas Workers' Compensation Insurance Required Notice 35 Article 7 — CMAR's Responsibilities 37 7.01 Supervision and Superintendence 37 7.02 Labor; Working Hours 38 7.03 Services, Materials, and Equipment 38 7.04 Concerning Subcontractors, Suppliers, and Others 39 7.05 Patent Fees and Royalties 40 7.06 Permits 40 7.07 Taxes 41 7.08 Laws and Regulations 41 7.09 Safety and Protection 41 7.10 Safety Representative 42 7.11 Hazard Communication Programs 42 7.12 Emergencies 42 7.13 CMAR's General Warranty and Guarantee 43 7.14 INDEMNIFICATION 43 7.15 Delegation of Professional Design Services 45 Article 8 — Other Work at the Site 46 8.01 Other Work 46 8.02 Coordination 46 8.03 Legal Relationships 47 Article 9 — Owner's and OPT's Responsibilities 47 9.01 Communications to CMAR 47 General Conditions - CMAR Corpus Christi Standards 007200-2 Rev 11/2025 9.02 Replacement of Owner's Project Team Members 47 9.03 Furnish Data 47 9.04 Pay When Due 48 9.05 Lands and Easements; Reports and Tests 48 9.06 Insurance 48 9.07 Modifications 48 9.08 Inspections, Tests, and Approvals 48 9.09 Limitations on OPT's Responsibilities 48 9.10 Undisclosed Hazardous Environmental Condition 48 9.11 Compliance with Safety Program 48 Article 10 — OAR's and Designer's Status During Construction 48 10.01 Owner's Representative 48 10.02 Visits to Site 49 10.03 Resident Project Representatives 49 10.04 Rejecting Defective Work 49 10.05 Shop Drawings, Modifications and Payments 49 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 49 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 50 Article 11— Amending the Contract Documents; Changes in the Work 50 11.01 Amending and Supplementing the Contract Documents 50 11.02 Owner -Authorized Changes in the Work 51 11.03 Unauthorized Changes in the Work 51 11.04 Change of Contract Price 51 11.05 Change of Contract Times 52 11.06 Substitutions 52 Article 12 — Change Management 53 12.01 Requests for Change Proposal from Designer 53 12.02 Change Proposals Submitted by CMAR 53 12.03 OPT Will Evaluate Request for Modification 54 12.04 Execution of Change Orders 55 12.05 Notice to Surety 56 Article 13 - Claims 56 13.01 Claims 56 General Conditions - CMAR Corpus Christi Standards 007200-3 Rev 11/2025 13.02 Claims Process 56 Article 14— Prevailing Wage Rate Requirements 57 14.01 Payment of Prevailing Wage Rates 57 14.02 Records 58 14.03 Liability; Penalty; Criminal Offense 58 14.04 Prevailing Wage Rates 58 Article 15 — Cost of the Work; Allowances; Unit Price Work 59 15.01 Cost of the Work 59 15.02 Allowances 62 15.03 Unit Price Work 62 15.04 Contingencies 63 Article 16 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 63 16.01 Access to Work 63 16.02 Tests, Inspections and Approvals 63 16.03 Defective Work 64 16.04 Acceptance of Defective Work 65 16.05 Uncovering Work 65 16.06 Owner May Stop the Work 65 16.07 Owner May Correct Defective Work 66 Article 17 — Payments to CMAR; Set -Offs 66 17.01 Progress Payments 66 17.02 Application for Payment 68 17.03 Schedule of Values 70 17.04 Schedule of Anticipated Payments and Earned Value 71 17.05 Basis for Payments 71 17.06 Payment for Stored Materials and Equipment 72 17.07 Retainage and Set -Offs 73 17.08 Procedures for Submitting an Application for Payment 73 17.09 Responsibility of Owner's Authorized Representative 74 17.10 CMAR's Warranty of Title 75 17.11 Final Completion Application for Payment 75 17.12 Final Completion Payment 75 17.13 Waiver of Claims 76 General Conditions - CMAR Corpus Christi Standards 007200-4 Rev 11/2025 Article 18 — Suspension of Work and Termination 76 18.01 Owner May Suspend Work 76 18.02 Owner May Terminate for Cause 76 18.03 Owner May Terminate For Convenience 78 18.04 Work Product 78 Article 19 — Project Management 78 19.01 Work Included 78 19.02 Quality Assurance 79 19.03 Document Submittal 79 19.04 Required Permits 79 19.05 Safety Requirements 79 19.06 Access to the Site 80 19.07 CMAR's Use of Site 80 19.08 Protection of Existing Structures and Utilities 80 19.09 Pre -Construction Exploratory Excavations 81 19.10 Disruption of Services/Continued Operations 82 19.11 Field Measurements 82 19.12 Reference Data and Control Points 82 19.13 Delivery and Storage 82 19.14 Cleaning During Construction 84 19.15 Maintenance of Roads, Driveways, and Access 84 19.16 Area Access and Traffic Control 85 19.17 Overhead Electrical Wires 85 19.18 Blasting 85 19.19 Archeological Requirements 85 19.20 Endangered Species Resources 86 19.21 Cooperation with Public Agencies 86 Article 20 — Project Coordination 87 20.01 Work Included 87 20.02 Document Submittal 87 20.03 Communication During Project 87 20.04 Project Meetings 88 20.05 Requests for Information 89 General Conditions - CMAR Corpus Christi Standards 007200-5 Rev 11/2025 20.06 Decision and Action Item Log 90 20.07 Notification By CMAR 90 20.08 Record Documents 90 Article 21— Quality Management 92 21.01 CMAR's Responsibilities 92 21.02 Implement CMAR's Quality Management Plan 93 21.03 Quality Assurance Activities by OPT 95 21.04 CMAR's Use of OPT's Test Reports 95 21.05 Verification Testing for Corrected Defects 96 21.06 Test Reports 96 21.07 Limitation of Authority of Testing Laboratory 97 Article 22 — Final Resolution of Disputes 97 22.01 Senior Level Negotiations 97 22.02 Mediation 97 Article 23 — Minority/MBE/DBE Participation Policy 98 23.01 Policy 98 23.02 Definitions 98 23.03 Goals 99 23.04 Compliance 99 Article 24 — Document Management 99 24.01 Work Included 99 24.02 Quality Assurance 100 24.03 CMAR's Responsibilities 100 24.04 Document Submittal 100 24.05 Document Numbering 101 24.06 Document Requirements 102 Article 25 — Shop Drawings 102 25.01 Work Included 102 25.02 Quality Assurance 103 25.03 CMAR's Responsibilities 103 25.04 Shop Drawing Requirements 104 25.05 Special Certifications and Reports 105 25.06 Warranties and Guarantees 105 General Conditions - CMAR Corpus Christi Standards 007200-6 Rev 11/2025 25.07 Shop Drawing Submittal Procedures 105 25.08 Sample and Mockup Submittal Procedures 107 25.09 Equal Non Specified Products 108 25.10 Requests for Deviation 109 25.11 Designer Responsibilities 109 25.12 Resubmission Requirements 111 Article 26 — Record Data 112 26.01 Work Included 112 26.02 Quality Assurance 113 26.03 CMAR's Responsibilities 113 26.04 Record Data Requirements 113 26.05 Special Certifications and Reports 114 26.06 Warranties and Guarantees 114 26.07 Record Data Submittal Procedures 114 26.08 Designer's Responsibilities 115 Article 27 — Construction Progress Schedule 116 27.01 Requirements 116 27.02 Document Submittal 117 27.03 Schedule Requirements 117 27.04 Schedule Revisions; Recovery Schedule 118 27.05 Float Time 119 Article 28 — Video and Photographic Documentation 119 28.01 Work Included 119 28.02 Quality Assurance 120 28.03 Document Submittal 120 28.04 Photographs 120 28.05 Video Recording 120 Article 29 — Completion; Closeout; Correction Period 121 29.01 Substantial Completion 121 29.02 Partial Utilization 121 29.03 Final Completion Inspection 121 29.04 Reinspection Fees 122 29.05 Closeout Documents Submittal 122 General Conditions - CMAR Corpus Christi Standards 007200-7 Rev 11/2025 29.06 Transfer of Utilities 122 29.07 Correction Period 122 29.08 Warranties, Bonds and Service Agreements 123 Article 30 - Temporary Facilities and Controls 124 30.01 Work Included 124 30.02 Quality Assurance 124 30.03 Delivery and Storage 124 30.04 Job Conditions 124 30.05 Options 125 30.06 Temporary Field Offices 125 30.07 Temporary Storage Buildings 125 30.08 Temporary Sanitary Facilities 125 30.09 Temporary Heat 125 30.10 Temporary Utilities 125 30.11 Water for Construction 126 30.12 Equipment 126 30.13 Location of Temporary Facilities 126 30.14 Project Identification and Signs 126 30.15 Temporary Lighting 126 30.16 Drinking Water 126 30.17 Construction Fence 127 30.18 Removal of Temporary Facilities 127 30.19 Maintenance and Janitorial Service 127 Article 31- Temporary Controls 127 31.01 Work Included 127 31.02 Quality Assurance 128 31.03 Document Submittal 128 31.04 Standards 128 31.05 Permits 128 31.06 Stormwater Pollution Control 129 31.07 Pollution Control 129 31.08 Earth Control 130 31.09 Ozone Advisory Days 130 General Conditions - CMAR Corpus Christi Standards 007200-8 Rev 11/2025 31.10 Management of Water 130 31.11 Dewatering 131 31.12 Disposal of Highly Chlorinated or Contaminated Water 132 31.13 Windstorm Certification 132 31.14 Constructing, Maintaining and Removing Temporary Controls 132 Article 32 — Miscellaneous 132 32.01 Computation of Times 132 32.02 Owner's Right to Audit CMAR's Records 132 32.03 Independent CMAR 133 32.04 Cumulative Remedies 133 32.05 Limitation of Damages 134 32.06 No Waiver 134 32.07 Severability 134 32.08 Survival of Obligations 134 32.09 No Third Party Beneficiaries 134 32.10 Assignment of Contract 134 32.11 No Waiver of Sovereign Immunity 134 32.12 Controlling Law 135 32.13 Conditions Precedent to Right to Sue 135 32.14 Waiver of Trial by Jury 135 32.15 Attorney Fees 135 32.16 Compliance with Laws 135 32.17 Enforcement 136 32.18 Subject to Appropriation 136 32.19 Contract Price 136 32.20 CMAR's Guarantee as Additional Remedy 136 32.21 Notices. 136 32.22 Public Information 136 General Conditions - CMAR Corpus Christi Standards 007200-9 Rev 11/2025 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The document executed between Owner and CMAR covering the Work. 2. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation if Owner and CMAR cannot reach an agreement between themselves. 3. Application for Payment - The forms used by CMAR to request payments from Owner and the supporting documentation required by the Contract Documents. 4. Baseline Schedule — The Progress Schedule serving as the benchmark for evaluating durations for construction progress and completion. 5. Binding Construction Price Proposal — Offer to perform the Work submitted by Construction Manager -At -Risk. 6. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 7. Change Order - A document issued on or after the Effective Date of the Contract, which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 8. City Engineer - The Corpus Christi City Engineer and/or designee as identified at the preconstruction conference or in the Notice to Proceed. 9. Claim - A demand or assertion by Owner or CMAR submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or CMAR is not a Claim. 10. Concurrent Delay — period of delay to the completion of the Work wherein two or more delay events occur simultaneously or overlap in time, and each delay event independently impacts the Contract Time. 11. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 10 Rev 11/2025 f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g• Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 12. Construction Manager -at -Risk or CMAR - The individual or entity with which Owner has contracted for performance of the Work. 13. Construction Manager -at -Risk's or CMAR's Team - CMAR and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 14. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and CMAR. 15. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and CMAR which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract but does not make changes in the Work. 16. Contract Documents - Those items designated as Contract Documents in the Agreement. 17. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay CMAR for completion of the Work in accordance with the Contract Documents. 18. Contract Times - The number of days or the dates by which CMAR must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Achieve Final Completion. 19. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 20. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. b. c. Does not conform to the Contract Documents; Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion 21. Designer - An independent contractor named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by General Conditions - CMAR Corpus Christi Standards 00 72 00 - 11 Rev 11/2025 Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 22. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other CMAR documents are not Drawings. 23. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 24. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 25. Final Completion — Date all work is complete in compliance with the Contract Documents and ready for final payment. Date of final acceptance by Owner. 26. Governmental Approvals — Any permit, license, authorization, consent, certification, exemption, ruling, entitlement or approval issued by a governmental authority of whatever kind and however described, which is required under applicable law to be obtained or maintained by any person with respect to the Work. 27. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 28. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner. These costs include fees for engineers, architects, attorneys, and other professionals. 29. Independent Cost Estimator or ICE — A member of the OPT that analyzes CMAR's Cost Model and cost proposals in order to advise Owner on the Contract Price 30. Key Individuals — Specific individuals filling the roles identified in the Agreement. 31. Laws and Regulations; Laws or Regulations -Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 32. Liens - Charges, security interests, or encumbrances upon Project -related funds, real property, or personal property. 33. Milestone - A principal event in the performance of the Work that CMAR is required by Contract to complete by a specified date or within a specified period of time. 34. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; General Conditions - CMAR Corpus Christi Standards 007200-12 Rev 11/2025 c. Field Order; or d. Work Change Directive. 35. Notice to Proceed or NTP - A notice to CMAR of the Contract Times and the date Work is to begin. 36. Owner - The City of Corpus Christi (the City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 37. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an independent contractor or an employee of the Owner. 38. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals or entities directly or indirectly employed or retained by them to provide services to the Owner. 39. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 40. Progress Schedule - A schedule prepared and maintained by CMAR, describing the sequence and duration of the activities comprising the CMAR's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 41. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 42. Proposal — The price breakdown submitted by CMAR to complete construction of the Project in accordance with the Contract Documents. 43. Request for Information or RFI — A request submitted in written form to the OAR needing clarification or additional information with an aspect of the Project. 44. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 45. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 46. Schedule of Documents - A schedule of required documents, prepared and maintained by CMAR. 47. Schedule of Values - A schedule, prepared and maintained by CMAR, allocating portions of the Contract Price to various portions of the Work and used as the basis for CMAR's Applications for Payment. General Conditions - CMAR Corpus Christi Standards 007200-13 Rev 11/2025 48. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by CMAR to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 49. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights -of -way, easements, and other lands furnished by Owner which are designated for use by the CMAR. 50. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 51. Subcontractor - An individual or entity having a direct contract with CMAR or with other Subcontractors or Suppliers for the performance of a part of the Work. 52. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 53. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CMAR or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 54. Technical Data - Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project, hazardous environmental conditions and other documents attached as Exhibits to the Contract Documents. 55. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 56. Unit Price Work - Work to be paid for on the basis of unit prices. 57. Validity Date — expiration date of Proposal. 58. Work - The construction of the Project or its component parts as required by the Contract Documents. 59. Work Change Directive - A directive issued to CMAR on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 60. Work Package — a specific scope of work issued under a Contract Amendment prior to commencement of construction for the Project. 61. Work Product — All manuals, as -built drawings, calculations, reports and other documents or data required to be prepared or furnished by or on behalf of CMAR. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 14 Rev 11/2025 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at CMAR's expense," or similar words mean that the CMAR is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or General Conditions - CMAR Corpus Christi Standards 007200-15 Rev 11/2025 similar words include the meaning of the phrase "The CMAR shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the CMAR. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by CMAR prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. 2.02 Copies of Documents A. OPT is to furnish one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Project Management System A. Owner shall administer its design and construction management through an internet-based project management system known as e-Builder. B. CMAR shall conduct all communication through and perform all project -related functions utilizing this project management system. This includes all correspondence, submittals, requests for information, payment requests and processing, contract amendments, change orders, delivery orders and other administrative activities. C. Owner shall administer the software and provide training to CMAR's Team. 2.04 Before Starting Construction of Work Packages A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule, which must be a Critical Path Method (CPM) Schedule; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 16 Rev 11/2025 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.05 Preconstruction Meeting; Designation of Authorized Representatives A. Attend the preconstruction meeting as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the CMAR. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the CMAR. C. CMAR shall not substitute any Subcontractor, Sub -Subcontractor, person or organization that has been accepted by Owner, unless the substitute has been accepted in writing by Owner and appropriate documentation is provided to Owner demonstrating any cost savings attributable to Owner. D. Owner is to designate the specific individuals authorized to act as representatives of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the CMAR and coordinated with the OPT. 1. The Contract requirements described in the General Conditions apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In entering into this Contract, CMAR represents: a. CMAR has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. CMAR has studied any Technical Data or other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. CMAR has correlated these studies and observations with the requirements of the Contract Documents; and d. CMAR has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the CMAR when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or General Conditions - CMAR Corpus Christi Standards 007200-17 Rev 11/2025 Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. 5. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or CMAR. Additional details required for the correct installation of selected products are to be provided by the CMAR and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire agreement between Owner and CMAR. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if CMAR is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time CMAR's Bid is submitted or when CMAR negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or CMAR from those described in the Contract Documents or assigns a duty to or gives authority General Conditions - CMAR Corpus Christi Standards 007200-18 Rev 11/2025 to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that CMAR discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Article 12. 2. The exactness of existing grades, elevations, dimensions or locations given on any Drawings issued by Designer, or the work installed by other contractors, is not guaranteed by Owner. CMAR shall, therefore, satisfy itself as to the accuracy of all grades, elevations, dimensions and locations. Any errors due to CMAR's failure to verify at the site all such grades, elevations, dimensions or locations relating to such existing or other work shall be rectified by CMAR without any additional cost to Owner. 3. Immediately notify the OAR in writing of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 4. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Article 12, except in an emergency as required by Paragraph 7.12. 5. During construction of the Project, CMAR is liable to the Owner for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which CMAR has actual knowledge. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 19 Rev 11/2025 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non -technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to CMAR. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to CMAR. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. CMAR may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. CMAR's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. CMAR is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner so directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times shall commence to run on the date indicated in the Notice to Proceed. B. Begin performing the Work on the date indicated in the Notice to Proceed. 4.02 Progress Schedule A. Submit a Progress Schedule that complies with Article 27 for the Project. B. Perform the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. C. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 20 Rev 11/2025 4.03 Delays in CMAR's Progress A. No Damages for Delay: CMAR shall receive no compensation for delays or hindrances to the Work, except in the case of direct interference with means and methods by the Owner. In no event shall the CMAR be entitled to any compensation or recovery of any special damages in connection with any delays, including without limitation: consequential damages, lost opportunity costs, impact damages, or other similar damages. Owner's exercise of any of its rights or remedies under the Contract Documents (including without limitation ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of Owner's exercise of such rights or remedies, shall not be construed as active interference in the CMAR's performance of the Work. An extension of Contract Time, to the extent permitted, shall be the sole remedy of the CMAR for any acknowledged delays. CMAR agrees that the extension of time provides an equitable adjustment. B. Notwithstanding anything to the contrary, each Amendment for Construction Work approved under Phase 2 will include milestone dates for Access to the Site, Permits to be provided by the Owner, availability of Permanent Power, and/or other items required to initiate work which are outside of the control of the CMAR. If these milestones are not met by Owner, Section 4.03 does not apply, and CMAR may submit a change proposal as outlined in Article 12.02. C. CMAR is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of CMAR's Team. D. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.03.D, for Projects using calendar days or a fixed date to establish the Contract Time. CMAR is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. E. CMAR is entitled to an equitable adjustment in the Contract Times if CMAR's performance or progress is delayed, disrupted or interfered with by unanticipated causes not the fault of and beyond the control of both OPT and CMAR. These adjustments in Contract Times are the CMAR's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners performing other work at or adjacent to the Site; 3. Acts or failures to act of any government or quasi -government entity having jurisdiction over the Project unless applicable to 4.03B; 4. Acts of war or terrorism; and 5. Rain days in excess of the number specified in a calendar year in the table below. A rain day is defined as any day in which the amount of rain measured by the National Weather Services at the Power Street Stormwater Pump Station is 0.50 inch or greater. Records indicate the following average number of rain days for each month: Month Day Month Days January 3 July 3 General Conditions - CMAR Corpus Christi Standards 007200-21 Rev 11/2025 February 3 August 4 March 2 September 7 April 3 October 4 May 4 November 3 June 4 December 3 F. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article 5: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and 3. Hazardous Environmental Conditions. G. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. H. Notify the OAR immediately in writing of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. Claims for adjustment to the Contract Price or Contract Times that do not strictly comply with Article 13 are waived. CMAR must mitigate all delaying, disrupting or interfering events and provide proof of mitigation with any change proposals. I. CMAR is only entitled to an adjustment of the Contract Price or Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the CMAR to complete the Work within the Contract Times. No adjustments in Contract Price or Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. J. CMAR is not entitled to an adjustment in Contract Price for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the CMAR's Team. Such a concurrent delay by CMAR shall only entitle CMAR to an adjustment of Contract Times as its sole and exclusive remedy for the duration of the concurrent delay. ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner is to furnish the Site and inform the CMAR of encumbrances or restrictions known to Owner related to use of the Site with which CMAR must comply in performing the Work. B. Provide for additional lands and access CMAR requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. General Conditions - CMAR Corpus Christi Standards 007200-22 Rev 11/2025 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or CMAR has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the CMAR's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for CMAR's Team's operations; c. Damage to other adjacent land or areas; and d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the CMAR's Team: a. Take immediate corrective or remedial action; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions; Underground Utilities A. CMAR may rely upon the accuracy of the Technical Data identified in any signed and sealed geotechnical or other reports and drawings depicting existing surface or subsurface conditions at or adjacent to the Site, except Underground Facilities, provided that such reports and drawings are not Contract Documents. Owner makes no representation whatsoever as to the completeness of any information in Technical Data, and CMAR specifically acknowledges that Owner assumes and accepts no responsibility that the Technical Data, as may be available in the geotechnical or other reports is accurate or completely describes actual site conditions that may affect the Work. Owner does not assume any responsibility whatsoever in respect to the sufficiency and locations of borings made, or of the log of test borings, or of other investigations, or of the interpretations made thereof, and there is no warranty or guarantee, either expressed or implied, that the conditions indicated by such investigations are representative of those existing throughout such area, or any part thereof or that unforeseen developments may not occur. B. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to CMAR. C. The CMAR is responsible for: 1. Investigating and field -verifying the location of Underground Facilities before beginning Work; General Conditions - CMAR Corpus Christi Standards 007200-23 Rev 11/2025 2. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 3. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 4. Locating Underground Facilities shown or indicated in the Contract Documents; 5. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 6. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. 5.04 Differing Subsurface or Physical Conditions, including Underground Facilities A. Notify OAR immediately in writing, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Requires a change in the Drawings or Specifications; 2. Differs materially from that shown or indicated in the Contract Documents; 3. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents or,. Is of such a nature as to establish that any Technical Data in which CMAR is entitled to rely is materially inaccurate.Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the CMAR. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect to the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the CMAR's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to CMAR regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 24 Rev 11/2025 D. Possible Contract Price and Contract Times Adjustments: 1. CMAR may be entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in CMAR's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Article 15. 2. CMAR is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. CMAR knew of the existence of the subsurface or physical condition at the time CMAR made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been reasonably discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly allowed by the Contract Documents prior to when CMAR negotiates the Contract Amendment; or c. CMAR failed to give notice as required by Paragraph 5.04.A. 3. CMAR may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to CMAR regarding the subsurface or physical condition in question. 4. A Change Order is to be issued by the OAR if Owner and CMAR agree that CMAR is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Hazardous Environmental Conditions at Site A. Technical Data may contain reports and drawings relating to Hazardous Environmental Conditions. These reports and drawings are not Contract Documents. B. CMAR may not rely upon or make claims against Owner with respect to: 1. The completeness of these reports and drawings for CMAR's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CMAR or CMAR's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any CMAR interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions or information. C. CMAR is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered or revealed at the Site unless this removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. CMAR is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by CMAR's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to CMAR for associated costs if CMAR's Team creates a General Conditions - CMAR Corpus Christi Standards 007200-25 Rev 11/2025 Hazardous Environmental Condition, and CMAR does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. CMAR's obligation to indemnify Owner for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. E. Immediately notify the OAR in writing and take the following action if CMAR uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the CMAR's Team that was not created by the CMAR's Team, not identified in the Contract Documents and is unknown to CMAR: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the CMAR: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if CMAR does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. F. CMAR may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether CMAR is entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which CMAR agrees to resume Work. G. The provisions of Paragraphs 5.03 and 5.04 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of CMAR's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after Final Completion. B. Bonds furnished by the CMAR must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. General Conditions - CMAR Corpus Christi Standards 007200-26 Rev 11/2025 C. Notify OAR immediately in writing if the surety on Bonds furnished by CMAR: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. CMAR is to use amounts paid by Owner to CMAR under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice or take other action to claimants under the Payment Bond. G. Owner may exclude the CMAR from the Site and exercise Owner's termination rights under Article 18 if CMAR fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the 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 Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. 6.03 Required Minimum Insurance Coverage A. Obtain and maintain insurance as required in this Article. Policy Type of Insurance Minimum Insurance Coverage A Commercial General Liability including 1. Commercial Form 2. Premises —Completed Operations 3. Premises — Medical Expense 4. Explosions and Collapse Hazard $5,000,000 Per Occurrence 5. Underground Hazard $10,000,000 Aggregate 6. Products / Completed Operations Hazard 7. Contractual Liability General Conditions - CMAR Corpus Christi Standards 00 72 00 - 27 Rev 11/2025 8. Broad Form Property Damage 9. Independent Contractors 10. Personal & Advertising Injury 11.Fire Damage (Damage to Rented Premises) B Business Automobile Liability - Owned, Non -Owned, Rented and Leased $500,000 Combined Single Limit C Workers' Compensation Statutory D Employer's Liability $500,000/ 500,000/ 500,000 E Excess Liability/Umbrella Liability $5,000,000 Per Occurrence F CMAR's Pollution Liability / Environmental Impairment Coverage Not limited to sudden and accidental discharge. To include long-term environmental impact for the disposal of pollutants/contaminants. $1,000,000 Per Claim G Marine General Liability 1. Bodily Injury and Property coverage 2. Personal Injury Coverage 3. Products and Completed Operations 4. Contractual Liability 5. Maritime Employers Liability Only for entities performing services in/on the water and workers while working in the water $5,000,000 Per Occurrence $10,000,000 Aggregate H Installation Floater / Builders' Risk Insurance Submission of pay applications with a cumulative value of MOH Payments that exceeds $10,000,000 triggers Installation Floater insurance Commencement of construction will trigger Builders' Risk Insurance Equal to cost of uninstalled Materials on Hand or Probable Maximum Loss with commercially available sublimits for the perils of flood, earthquake, Named Windstorm and convective storm Professional Liability (Errors and Omissions) Only for entities performing engineering or architectural services. $5,000,000 Per Claim $10,000,000 Aggregate If claims made policy, retro date must be prior to inception of Design -Build Agreement, have extended reporting period provisions and identify any limitations regarding who is insured. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 28 Rev 11/2025 B. Deliver evidence of insurance in accordance with this Article to the Owner to demonstrate that CMAR has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. C. Include the Owner, E-H Partnership, Ltd, Hamilton -Ingleside Limited, Diana Welder Hamilton Ranch Partnership, Ltd, Prosperity Bank as Executor of the Estate of Oakes David Edwards, Jr, Deceased and Trustee of the Edwards 1976 Trust "A", and R.H. Welder Heirs, Ltd as additional insureds on all policies with the exception of the workers' compensation policy and Design -Builder's professional liability policy. 6.04 General Insurance Provisions A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with this Article . B. Provide endorsements to the policies as outlined in this Article. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A-VIII or better. D. Furnish copies of endorsements and documentation of applicable self -insured retentions and deductibles upon request by OPT or any named insured or additional insured. CMAR may block out (redact) any confidential premium or pricing information contained in any endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the CMAR's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the CMAR's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the CMAR fails to purchase or maintain the insurance required by the Contract Documents. CMAR shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the CMAR from the Site and exercise Owner's termination rights under Article 18 if CMAR fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect CMAR or CMAR's interests. J. The required insurance and insurance limits do not limit the CMAR's liability under the indemnities granted to Owner in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. CMAR's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 29 Rev 11/2025 6.05 CMAR's Insurance A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to meet all workers' compensation obligations. Provide an "All Other States" endorsement if CMAR is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CMAR's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of CMAR. The expected coverage is that which would be included in a commercially available ISO Commercial General Liability policy and should provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CMAR's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by CMAR; and 4. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide CMAR's commercial general liability policy that is written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Article. Insurance is to remain in effect for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. If required, provide and maintain Installation Floater insurance for property under the care, custody, or control of CMAR. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the CMAR's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 30 Rev 11/2025 b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; e) Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the CMAR is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for CMAR's contractual indemnity obligations in Paragraph 7.14, and all other contractual indemnity obligations of CMAR in the Contract Documents. Industry standard ISO Contractual Liability coverage will meet this obligation. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against 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. E. For Projects with a Contract Price that exceeds $5,000,000, purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide CMAR's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Contract Documents as additional insureds; 3. Include coverage for Owner as defined in Article 1; and General Conditions - CMAR Corpus Christi Standards 007200-31 Rev 11/2025 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from CMAR's operations and completed operations. Provide CMAR's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Contract Documents as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if CMAR or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Article must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Article or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to CMAR, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when CMAR is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the CMAR's performance of the Work and CMAR's other obligations under the Contract Documents, whether performed by CMAR, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. J. The coverage requirements for specific policies of insurance must be met directly by those policies and may not rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 6.06 Property Insurance A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Article or those required by Laws and Regulations and must comply with the requirements of Paragraph 6.09. This insurance shall: 1. Include the OPT, CMAR, and all Subcontractors, and any other individuals or entities identified in the Contract Documents, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and General Conditions - CMAR Corpus Christi Standards 007200-32 Rev 11/2025 other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and CMAR. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and CMAR. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to Owner and CMAR and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. CMAR may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Article. F. CMAR, Subcontractors, or employees of the CMAR or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. 6.07 Waiver of Rights A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in the Contract Documents. General Conditions - CMAR Corpus Christi Standards 007200-33 Rev 11/2025 B. All policies purchased in accordance with this Article are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. CMAR and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights CMAR has to the proceeds of insurance as trustee. C. CMAR is responsible for assuring that agreements with Subcontractors contain provisions that the Subcontractor waive all rights against Owner, CMAR, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 6.08 Owner's Insurance for Project A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the CMAR, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, CMAR is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the CMAR from compliance with the insurance requirements of the Contract Documents. 6.09 Acceptable Evidence of Insurance A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 6.10 Certificate of Insurance A. Submit Certificates of Insurance meeting the following requirements: 1. Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 34 Rev 11/2025 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 6.11 Insurance Policies A. If requested by the Owner, make available for viewing a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self -insured retentions and deductibles. B. CMAR may block out (redact) any proprietary information or confidential premium pricing information contained in any policy or endorsement furnished under this Contract. 6.12 Continuing Evidence of Coverage A. Provide updated, revised, or new evidence of insurance in accordance this Article prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. 6.13 Notices Regarding Insurance A. Notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Contract Administrator by calling 361-826-3500. 6.14 Texas Workers' Compensation Insurance Required Notice A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the CMAR's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the CMAR has undertaken to perform on the Project, regardless of whether that person contracted directly with the CMAR and regardless of whether that person has employees. This includes, without General Conditions - CMAR Corpus Christi Standards 007200-35 Rev 11/2025 limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CMAR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CMAR providing services on the Project, for the duration of the Project. C. The CMAR must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the Project, the CMAR must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The CMAR shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the CMAR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CMAR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CMAR shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the CMAR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The CMAR shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The CMAR shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; General Conditions - CMAR Corpus Christi Standards 007200-36 Rev 11/2025 2. Provide to the CMAR, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the CMAR: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by this section, with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CMAR is representing to the governmental entity that all employees of the CMAR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CMAR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the governmental entity to declare the Contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ARTICLE 7 — CMAR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. CMAR is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent construction superintendent and project manager acceptable to the OPT. The construction superintendent and/or project manager are to be present at all times when Work is being done. Provide a replacement construction superintendent or project General Conditions - CMAR Corpus Christi Standards 00 72 00 - 37 Rev 11/2025 manager equally competent if replacement is required. In the absence of good cause shown, Owner may assess liquidated damages consistent with the Agreement. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. Regular working hours are between sunrise and sundown Monday through Saturday unless other times are specifically authorized in writing by OAR. C. Do not perform Work on a Sunday or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Martin Luther King Jr Day Third Monday in January Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a set-off in the Application for Payment for this cost per Article 17. 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Documents. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 38 Rev 11/2025 C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. CMAR may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. CMAR must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 10 days after receiving this list. Under no circumstances shall any Subcontractor debarred under Chapter 41 of the Code of Ordinances, City of Corpus Christi, be deemed acceptable to Owner. D. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the CMAR. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require CMAR to retain specific replacements, subject to CMAR's reasonable objections. E. CMAR may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The CMAR is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any entity deemed unsuitable by the OAR. Notify OAR immediately in writing if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by CMAR to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. F. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the CMAR to complete the Work in accordance with the Contract Documents. G. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work and update as needed. H. CMAR is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. I. CMAR is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OAR through CMAR. K. Contracts between the CMAR and its Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. CMAR is responsible for meeting the requirements of the Contract Documents General Conditions - CMAR Corpus Christi Standards 00 72 00 - 39 Rev 11/2025 if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. L. OPT may furnish information about amounts paid to CMAR for Work provided by Subcontractors or Suppliers to the entity providing the Work. M. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the CMAR's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the CMAR's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. CMAR is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the CMAR, in the Contract Price. B. CMAR's obligation to indemnify Owner for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses specified in the Scope of Work. OPT is to assist CMAR in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the CMAR's Bid is submitted or when CMAR negotiates the Contract Price. This Project is not exempt from City of Corpus Christi permits and fees unless expressly stated otherwise. B. CMAR shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. C. Notwithstanding anything to the contrary in this Agreement or in the Contract Documents, the Parties acknowledging that this provision shall prevail, CMAR shall not be liable or responsible for any unanticipated delays or additional costs, or both, in securing such permits set forth in this Paragraph 7.06 provided CMAR is not the cause of such unanticipated delay or additional cost. In the event the commencement or progress of the Work is delayed due to the securing of any permits set forth in this Paragraph 7.06, then CMAR may submit a Change Proposal per Article 12, and, further, CMAR agrees to use reasonable efforts to mitigate the impact associated with such unanticipated delays or costs. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 40 Rev 11/2025 7.07 Taxes A. CMAR is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. CMAR is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by CMAR in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. CMAR must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. CMAR may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring CMAR's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by CMAR that are contrary to Laws or Regulations. CMAR is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve CMAR of its obligations under Paragraph 3.03. C. If, after the execution of the applicable Construction Amendment, any new, change or modification of existing Laws and Regulations (which shall specifically include tariffs, taxes, and/or duties and the like), or judicial decisions is enacted, issued, or becomes effective ("Change in Law") and impacts the time, cost or scope of work or the CMAR's ability to perform its obligations, the CMAR may submit a Change Proposal in accordance with Paragraph 12.02 7.09 Safety and Protection A. CMAR is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and General Conditions - CMAR Corpus Christi Standards 007200-41 Rev 11/2025 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property caused by CMAR's Team. E. CMAR's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continue until Work is completed and resumes whenever CMAR's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program. 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately in writing if CMAR believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the CMAR and that a change in the Contract Documents is required because of the action taken by CMAR in response to this emergency. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 42 Rev 11/2025 7.13 CMAR's General Warranty and Guarantee A. CMAR warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on CMAR's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. CMAR's warranty and guarantee excludes defects or damage caused by Owner's improper maintenance or operation, abuse, or modification; or normal wear and tear under normal usage. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND ARE NULL AND VOID. C. CMAR's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of CMAR's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR to pay or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the CMAR to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and correction obligations contained in an assigned contract govern with respect to CMAR's performance obligations to Owner for the Work described in an assigned contract. 7.14 INDEMNIFICATION A. CMAR shall indemnify, defend, and hold harmless the Owner from and against third -party claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the Work, violations of Laws or Regulations, or bodily injury, death or destruction of tangible property (not to the Work itself), but only to the extent caused by the negligent acts, omissions or negligence of the CMAR's Team, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner hereunder, subject to the Owner's defenses and liability limits under the Texas Tort Claims Act. However, nothing herein shall be construed to require CMAR to indemnify an Owner General Conditions - CMAR Corpus Christi Standards 00 72 00 - 43 Rev 11/2025 against a claim, loss, damage or expense caused by the sole negligence of an Owner. B. CMAR shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs for third -party claims asserted against Owner, arising out of or relating to: (i) the failure to control, contain, or remove a Constituent of Concern brought to the Site by CMAR's Team or a Hazardous Environmental Condition created by CMAR's Team, Nothing in this paragraph obligates the CMAR to indemnify the Owner from the consequences of the Owner's sole negligence. c. CMAR shall indemnify, defend, and hold harmless the Owner from and against Indemnified Costs resulting from infringement on patent rights or copyrights by CMAR's Team, except to the extent arising out of any patented, trademarked, or other proprietary item specified by the Owner or in the Contract Documents. D. The indemnification obligations of this Paragraph 7.14 are not limited by the amount or type of damages, compensation or benefits payable by or for members of the CMAR's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner by an employee or the survivor or personal representative of employee of CMAR's Team. The indemnification obligations of this Paragraph 7.14 shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by CMAR. E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or CMAR receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner does not waive any rights to indemnification except to the extent that CMAR is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10-day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the CMAR and pay related costs, unless Owner decides otherwise. CMAR's counsel must be acceptable to Owner. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 44 Rev 11/2025 Control the defense and any negotiations to settle the claim. Advise Owner as to its defense of the claim within 10 days after being notified of the indemnification request. Owner may assume and control the defense if CMAR does not assume the defense. Pay all defense expenses of the Owner as an indemnified loss. 2. Owner may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if CMAR defends the claim. CMAR may not settle the claim without the consent or agreement of Owner. CMAR may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner to comply with restrictions or limitations that adversely affect Owner; b. Would require Owner to pay amounts that CMAR does not fund in full; or c. Would not result in Owner's full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. CMAR is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out CMAR's responsibilities for construction means, methods, techniques, sequences, and procedures. CMAR is not required to provide professional services in violation of applicable Laws and Regulations. As stated in Paragraph 5.06.D of the Agreement, unless and only to the extent design services are specifically required by the Contract Documents for a portion of the Work, CMAR is not responsible to the Owner, Designer, or their other design professionals for design of the Project or for any damages resulting from any such errors, inconsistencies, or omissions in the Project's design. The CMAR does not control the project design or contents of the Contract Documents and does not assume responsibility or liability for the Project design by its limited participation in design related reviews from a construction perspective. B. The Contract Documents specify performance and design criteria related to systems, materials or equipment if professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of CMAR. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by CMAR's design professionals, provided OPT has specified to CMAR the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. CMAR is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT in writing if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 45 Rev 11/2025 ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the CMAR's Work. This other work may be performed by Owner's employees or through other contractors. CMAR agrees to cooperate fully with Owner's coordination of such other work by Owner's employees or through other contractors. Utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify CMAR of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to CMAR. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR in writing if the proper execution of part of CMAR's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of CMAR's Work. CMAR's failure to notify the OAR constitutes an acceptance of this other work as acceptable for integration with CMAR's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 46 Rev 11/2025 8.03 Legal Relationships A. CMAR may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT or other contractor retained by the Owner: 1. Damages the Work or property of CMAR's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately in writing of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the CMAR is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that CMAR assign rights against the other contractor to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to CMAR's ability to complete the Work within the Contract Times. C. Take prompt corrective action if CMAR's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if CMAR damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to CMAR and assign the Owner's contractual rights against CMAR with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors if damages, delays, disruptions, or interference occur. E. CMAR's obligation to indemnify Owner for claims arising out of or related to damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to CMAR A. OPT issues communications to CMAR through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. General Conditions - CMAR Corpus Christi Standards 007200-47 Rev 11/2025 9.04 Pay When Due A. Owner is to make payments to CMAR when due as described in Article 17. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Article 5. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to CMAR in accordance with Article 5. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Article 16. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for CMAR's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for CMAR's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Article 5. 9.11 Compliance with Safety Program A. CMAR is to inform the OPT of its safety programs, and OPT is to comply with the specific applicable requirements of this program. 9.12 Plans and Specifications A. Owner does not warrant the plans and specification. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 48 Rev 11/2025 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OAR of issues or concerns, and OAR is to work with CMAR to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in the Contract Documents. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in the Contract Documents. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in the Contract Documents. 10.04 Rejecting Defective Work A. OAR has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work notice to CMAR and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non -technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to CMAR. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work or accept the Work under the provisions of Article 16 if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to CMAR. C. CMAR may appeal Designer's decision by submitting a Change Proposal if CMAR does not agree with the Designer's decision. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 49 Rev 11/2025 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of CMAR's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the CMAR or members of the CMAR's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and CMAR may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. If negotiations under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05 are unsuccessful, CMAR must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non -technical, administrative issues. Submit a Change Proposal if CMAR believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. General Conditions - CMAR Corpus Christi Standards 007200-50 Rev 11/2025 B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications or directions are provided in the Modification. 11.02 Owner -Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the CMAR to undertake Work that CMAR reasonably concludes cannot be performed in a manner consistent with CMAR's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. CMAR is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 16.05. B. CMAR is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. 11.04 Change of Contract Price A. The Contract Price for authorized Work can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Article 12. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 13. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 15.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 15.01 plus a CMAR's fee for overhead and profit determined as provided in Article 15 when the Work involved is not covered by unit prices in the Contract Documents, and the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price for each Contract Amendment may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute, whichever is greater. Owner may decrease the Work by up to 25 percent of the Contract Price. General Conditions - CMAR Corpus Christi Standards 007200-51 Rev 11/2025 11.05 Change of Contract Times A. The Contract Times for authorized Work can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Article 12. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 13. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.03 of the General Conditions. C. CMAR shall be entitled to an extension of Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. CMAR shall bear the entire economic risk of all weather delays and disruptions. CMAR shall not be entitled to any increase in the Contract Price by reason of such delays or disruptions. Upon CMAR reaching Substantial Completion, Owner and CMAR shall look back at the entire duration of the calendar day Project and review the totality of what CMAR claims were unusually severe weather disruptions. If the Project was delayed or disrupted due to unusually severe weather in excess of weather normally experienced in the Project locale, CMAR may submit a Change Proposal for an extension of the Contract Time for delays or disruptions due to unusually severe weather in excess of weather normally experienced at the job site, as determined from climatological data set forth by the National Weather Service and which affects the Project's critical path. Any time extension granted shall be non -compensatory. 11.06 Substitutions A. The products of the listed Suppliers are to be furnished where Specifications list several manufacturers but do not specifically list "or equal" or "or approved equal" products. Use of any products other than those specifically listed is a substitution. Follow these procedures for a substitution. B. Substitutions are defined as any product that the CMAR proposes to provide for the Project in lieu of the specified product. Submit a Change Proposal per Article 12 along with a Shop Drawing as required by Article 25 to request approval of a substitution. C. Prove that the product is acceptable as a substitute. It is not the Owner's responsibility to prove the product is not acceptable as a substitute. 1. Indicate on a point -by -point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents. 2. Make a direct comparison with the specified Suppliers' published data sheets and available information. Provide this printed material with the documents submitted. 3. The decision of the OPT regarding the acceptability of the proposed substitute product is final. D. Provide a written certification that, in making the substitution request, the CMAR: 1. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. General Conditions - CMAR Corpus Christi Standards 007200-52 Rev 11/2025 2. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the manufacturer of the specified product. 3. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. 4. Will maintain the same time schedule as for the specified product. E. Pay for review of substitutions in accordance with Article 25. ARTICLE 12 — CHANGE MANAGEMENT 12.01 Requests for Change Proposal from Designer A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. OAR will issue the Request for a Change Proposal to CMAR. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 for evaluation by the OPT. 12.02 Change Proposals Submitted by CMAR A. Submit a Change Proposal to the OAR to: 1. Respond to a Request for Change Proposal; 2. Request an adjustment in the Contract Price or Contract Times; 3. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 4. Contest a set-off against payment due; or 5. Seek other relief under the Contract Documents. B. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. 1. Use the Change Proposal provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if CMAR initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: General Conditions - CMAR Corpus Christi Standards 007200-53 Rev 11/2025 1) List of materials and equipment to be installed; 2) Man hours for classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; and 9) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate CMAR mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outlined in the paragraph above for self -performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. C. Submit a Change Proposal to the OAR to request a Field Order. D. A Change Proposal is required for all substitutions or deviations from the Contract Documents. E. Request changes to products in accordance with Article 25. 12.03 OPT Will Evaluate Request for Modification A. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and CMAR's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The CMAR may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 13. 1. Change Orders and Contract Amendments will be sent to the CMAR for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the CMAR's risk. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 54 Rev 11/2025 b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The CMAR may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. 12.04 Execution of Change Orders A. Owner and CMAR are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times, which are agreed to by Owner and CMAR, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in the Work which are: a. Ordered by Owner pursuant to Article 11, b. Required because Defective Work was accepted under Paragraph 16.04 or Owner's correction of Defective Work under Paragraph 16.07, or c. Agreed to by the Owner and CMAR; and 3. Changes in the Contract Price or Contract Times, or other changes under Article 11 or Article 13. B. Acceptance of a Change Order by CMAR constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by CMAR constitutes conclusive evidence of CMAR's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of CMAR's submission by Owner constitutes neither acceptance nor approval of a Change Order, nor a warranty that the Change Order will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. CMAR may proceed with Work if a Work Change Directive is issued. D. If the CMAR refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 12.04, the Change Order is deemed to be in full force as if executed by CMAR. CMAR may file a Claim for payment and/or time, pursuant to Article 13. General Conditions - CMAR Corpus Christi Standards 007200-55 Rev 11/2025 12.05 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. ARTICLE 13 - CLAIMS 13.01 Claims A. Strictly follow the Claims process described in this Article for the following disputes between Owner and CMAR: 1. Seeking an adjustment of Contract Price or Contract Times; 2. Contesting an initial decision by OAR concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; 3. Appealing OAR's decision regarding a Change Proposal; 4. Seeking resolution of a contractual issue that OAR has declined to address; or 5. Seeking other relief with respect to the terms of the Contract. 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Notice of a Claim by CMAR must be in writing and delivered to the Owner, Designer and the OAR within 14 days after the start of the event giving rise to the Claim. Failure by CMAR to submit written notice of a Claim within 14 days shall constitute a waiver of such Claim. C. Submit the complete Claim with supporting documentation to Owner no later than 90 days after the start of the event giving rise to the Claim (unless OAR allows additional time for claimant to submit additional or more accurate data in support of such Claim). The Claim must be signed and sworn to by CMAR, certifying that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of CMAR's knowledge and belief, the relief requested accurately reflects the full compensation to which CMAR is entitled. Failure by CMAR to submit the Claim within 90 days shall constitute a waiver of such Claim. D. Any Claims by CMAR that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. E. Claims by Owner must be submitted by written notice to CMAR. F. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the CMAR's job cost report. Provide additional documentation as requested by OAR or Designer. General Conditions - CMAR Corpus Christi Standards 007200-56 Rev 11/2025 2. Claims seeking an adjustment of Contract Time must include a Time Impact Analysis and native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR or Designer. G. Claims by CMAR against Owner and Claims by Owner against CMAR, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation. H. Designer will review a Claim by CMAR within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the OAR does not take any action, the Claim shall be deemed denied 30 days after receipt of the Claim. J. Following receipt of Designer's initial recommendation regarding a Claim, the CMAR and the Owner may seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and CMAR may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. If the Owner and CMAR reach a mutual agreement regarding a Claim, the results of the agreement or action on the Claim will be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times. L. If the Claim is denied in whole or in part, this action is final and binding unless the procedure described in Article 22 for final resolution of disputes is invoked by filing a notice of appeal within 30 days after this action. The notice of appeal must include an expert report supporting the claimant's position. M. Both parties shall continue to perform all obligations under the Agreement during the pendency of any dispute or disagreement relating to this Agreement N. Any failure of CMAR to strictly comply with any of the foregoing conditions precedent with regard to any such Claim shall constitute a waiver of any entitlement to submit or pursue such Claim. O. Receipt and review of a Claim by Owner shall not be construed as a waiver of any defenses available to the Owner under the Contract Documents or at law. ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS 14.01 Payment of Prevailing Wage Rates A. CMAR and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. B. CMAR and its Subcontractors are required to pay Davis -Bacon Wage Rates. General Conditions - CMAR Corpus Christi Standards 007200-57 Rev 11/2025 C. CMAR and its Subcontractors are required to pay laborers and mechanics an overtime rate of not less than one and one-half times the basic rate for all hours worked in excess of forty hours in a given workweek. 14.02 Records A. In accordance with Tex. Gov't Code §2258.024, the CMAR and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the CMAR or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 14.03 Liability; Penalty; Criminal Offense A. Tex. Gov't Code §2258.003 — Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. B. Tex. Gov't Code §2258.023(b) — Penalty: Any CMAR or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058 — Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any CMAR or Subcontractor, or an agent or representative of the CMAR or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. 14.04 Prevailing Wage Rates A. Use the Prevailing Wage Rates specified in the Contract Documents. General Conditions - CMAR Corpus Christi Standards 007200-58 Rev 11/2025 ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 15.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 15.01, except those excluded in Paragraphs 15.01.D through 15.01.F, necessary for the proper performance of the Work. The provisions of this Paragraph 15.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. CMAR is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items unless approved by the owner and CMAR: 1. Payroll costs for CMAR's employees performing the Work and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Sunday or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. CMAR may retain cash discounts unless Owner provided funds to the CMAR for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by CMAR to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the CMAR as outlined in the Procurement Plan. General Conditions - CMAR Corpus Christi Standards 007200-59 Rev 11/2025 Proposals, quotes, bids, etc. will be shared with the OAR . If the Subcontractor's Cost of the Work and fee are determined in the same manner as CMAR's Cost of the Work and fee as provided in this Paragraph 15.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CMAR's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of CMAR, less their market value when Work is completed; d. For CMAR- and Subcontractor -owned machinery, trucks, power tools or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book ("Blue Book") multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Blue Book at the time of use. Payment will be made for the actual hours used in the Work. 1) Standby costs will be paid at 50% of the FHWA rental rates found in the Blue Book if CMAR is directed by Owner in writing to standby. Standby costs will not be allowed during periods when the equipment would otherwise have been idle. For a six -day work week, no more than eight hours per a 24-hour day, no more than 48 hours per week and no more than 208 hours per month shall be paid of standby time. Operating costs shall not be charged by CMAR. e. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from CMAR or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; 1) The hourly rate shall be determined by dividing the actual invoice cost by the actual number of hours the equipment is involved in the Work. Owner reserves the right to limit the hourly rate to comparable Blue Book rates. 2) If CMAR is directed to standby in writing by Owner, standby costs will be paid at the invoice daily rate excluding operating costs, which includes fuel, lubricants, repairs and servicing. f. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which CMAR pays consistent with Laws and Regulations; g. Deposits lost for causes other than negligence of CMAR's Team; h. Royalty payments and fees for permits and licenses; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 60 Rev 11/2025 i. Cost of additional utilities, fuel, and sanitary facilities at the Site; J• Minor expense items directly required by the Work; and D. The Cost of the Work does not include the following items, which are considered general conditions costs. General conditions costs, also known as field indirect costs, are the costs of performing the Work not allocable to a specific construction activity. General conditions costs do not include any home office overhead. The General conditions costs are: 1. wages including benefits, payroll insurance, and taxes for onsite management, supervision, engineers, safety personnel, quality control staff, and administration staff; 2. cost of construction survey; 3. ownership or rental of building, maintenance, facility and debris removal, utilities, office and engineering expendables, furniture, computers and infrastructure, and photographs; 4. taxes, excluding payroll taxes, such as property tax and any special local or state sales tax, included with the applicable item taxed; 5. cost of ownership or rental, set up, maintenance, and removal of buildings such as owner's office (if not otherwise a direct bid item), warehouses, first aid building, and other miscellaneous buildings; 6. personnel expense (other than direct labor) such as small tools and supplies, safety expendables, drug screen testing, training, physicals, and hiring expense, including any per -diem costs for craft or indirect personnel; 7. Site utilities such as temporary electric, water, and sanitary; 8. mobile equipment such as overhead vehicles, maintenance equipment and personnel (if not in equipment operating expense), and general service equipment and personnel (such as flatbeds and forklifts if not in direct cost); 9. construction plant, including site fences, parking areas, material yards, temporary access, and other such special construction costs not included in direct costs (haul road construction and maintenance are included in direct costs); 10. cost of quality control labor, equipment, and supplies and outside services and CMAR- hired personnel with site overhead wages; 11. estimated cost of the above items for which firm pricing cannot be obtained, including increases in craft and field indirect wage rates and fringe benefits whether by agreement or estimated; and 12. insurance other than that based on payroll, such as equipment insurance, and other specified or CMAR-required insurances (insurance that is carried by CMAR as a general cost of doing business and is already included as Home Office Overhead shall not be considered a general conditions cost). E. The Cost of the Work also does not include the following items: 1. Costs due to the actions of CMAR's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. General Conditions - CMAR Corpus Christi Standards 007200-61 Rev 11/2025 2. Losses, damages, and related expenses caused by damage to the Work or sustained by CMAR in connection with the performance of the Work. CMAR is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining CMAR's fee. 3. Any Indemnified Cost paid with regard to CMAR's indemnification of Owner. F. The CMAR's fee for profit and overhead expenses that cannot be attributed to a specific project but are incurred in support of all of CMAR's projects is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis; 2. A mutually acceptable fixed fee; or 3. A fee based on the following percentages of the various portions of the Cost of the Work: a. The CMAR's fee is set forth in the Agreement and is applied to Cost of Work and General Conditions; G. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 15.01. 15.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. CMAR agrees that the cash allowance is used to compensate the CMAR for the cost of furnishing, unloading, installing, materials and equipment and subcontractors for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by CMAR for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by CMAR for Work covered by the allowance and this Work is included on the Application for Payment. 15.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Contract. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to CMAR for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by CMAR to be adequate to cover CMAR's overhead and profit for each separately identified item. General Conditions - CMAR Corpus Christi Standards 007200-62 Rev 11/2025 D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by CMAR to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 15.03.E. E. CMAR may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 15.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the CMAR differs by more than 20 percent from the estimated quantity of an item indicated in the Contract; 2. There is no corresponding adjustment with respect to other items of Work; and 3. CMAR believes it has incurred additional expense as a result of this condition or Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 15.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Contract. B. The contingency funds may be used for costs incurred by the CMAR provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 15.01. The contingency funds are not to be used for the following items: 1. Rework required to correct Defective Work. 2. Inefficiencies in completing the Work due to the CMAR's selected means, methods, sequences, or procedures of construction. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. CMAR is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 16.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. CMAR can require compliance with CMAR's safety procedures and programs as part of providing safe access. 16.02 Tests, Inspections and Approvals A. OAR may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is General Conditions - CMAR Corpus Christi Standards 007200-63 Rev 11/2025 ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OAR's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OAR to provide these inspections and tests. 16.03 Defective Work A. It is CMAR's obligation to ensure that the Work is not Defective. B. OAR has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify CMAR of Defective Work of which OAR has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 64 Rev 11/2025 16.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 17 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 17 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. 16.05 Uncovering Work A. OAR has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OAR's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless CMAR has given OAR timely notice of CMAR's intention to cover the Work, and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OAR considers it necessary or advisable that covered Work be observed by OAR or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others resulting from the Defective Work if it is found that the uncovered Work is Defective. 16.06 Owner May Stop the Work A. Owner may order CMAR to stop the Work if: 1. The Work is Defective; 2. CMAR fails to supply sufficient skilled workers or suitable materials or equipment; or 3. CMAR performs Work that may fail to conform to the Contract Documents when completed. General Conditions - CMAR Corpus Christi Standards 007200-65 Rev 11/2025 This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of CMAR's Team or surety. 16.07 Owner May Correct Defective Work A. Owner may remedy deficiencies in the Work after 7 days' notice to CMAR if: 1. CMAR fails to commence reasonable measures to correct Defective Work, or to remove and replace rejected Work as required by OAR; 2. CMAR fails to perform the Work in accordance with the Contract Documents; or 3. CMAR fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude CMAR from the Site, but only to the extent reasonably practicable and for the time necessary for Owner to remedy deficiencies in the Work; 2. Take possession of the Work and suspend CMAR's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OAR access to the Site and off -Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 16.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 16.07 are to be charged against CMAR as a set-off against payments due under Article 17. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of CMAR's Defective Work. E. CMAR is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 16.07. ARTICLE 17 — PAYMENTS TO CMAR; SET -OFFS 17.01 Progress Payments A. Payment requests are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in this Article 17. Each Application for Payment shall be consistent with previous applications and payments as signed/certified by Designer and OAR. 1. Payments for lump sum work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 17.03. Final payment will be for the total lump sum amount. 2. Payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 15.03. 3. Payments for Work to be paid on the basis of the Cost of the Work per Article 15 are to be paid for Work completed by CMAR during the pay period. General Conditions - CMAR Corpus Christi Standards 007200-66 Rev 11/2025 j• B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) CMAR's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) CMAR's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non- compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which CMAR is responsible; c. Work is Defective, or completed Work has been damaged by CMAR's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 16.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by CMAR justifying a termination for cause; Liquidated damages have accrued as a result of CMAR's failure to achieve Milestones, Substantial Completion, or Final Completion; h. Liquidated damages have accrued as a result of CMAR's failure to retain or timely replace Key Individuals; i. Liens have been filed in connection with the Work, except where CMAR has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; Failure to submit up-to-date record documents as required by the Contract Documents; g• k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide certified payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the CMAR; o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 67 Rev 11/2025 p• q• OPT has actual knowledge of the occurrence of events that would constitute a default by CMAR and therefore justify termination for cause under the Contract Documents with associated cost impacts; Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and CMAR. 3. OAR is to notify CMAR stating the amount and the reasons for an imposed set-off. The Owner is to pay the CMAR amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and CMAR if CMAR remedies the reasons for the set-off. CMAR may submit a Change Proposal contesting the set-off. C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of an approved Application for Payment and accompanying documentation from the OAR. 17.02 Application for Payment A. Submit Applications for Payment for completed Work and for materials and equipment in accordance with the Contract Documents. The Contract Price is to include costs for: 1. Providing the Work in accordance with the Contract Documents; 2. Installing Owner furnished equipment and materials; 3. Providing Work for Alternates and Allowances; 4. Commissioning, start-up, training and initial maintenance and operation; 5. Acceptance testing in manufacturer's facilities or on Site; 6. All home office overhead costs and expenses, including profit made directly or indirectly for the Project; 7. Project management, Contract administration, field office, and field operations staff, including supervision, clerical support, and technology system support; 8. Professional services including design fees, legal fees, and other professional services; 9. Bonds and insurance; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 68 Rev 11/2025 10. Permits, licenses, patent fees, and royalties; 11. Taxes; 12. Providing all documents and Samples required by the Contract Documents; 13. Facilities and equipment at the Site including: a. Field offices, office furnishings, and all related office supplies, software, and equipment, b. Storage facilities for CMAR's use, storage facilities for stored materials and equipment, including spare parts storage, c. Shops, physical plant, construction equipment, small tools, vehicles, technology and telecommunications equipment, d. Safety equipment and facilities to provide safe access and working conditions for workers and for others working at the Site, e. Temporary facilities for power and communications, f. Potable water and sanitation facilities, and g. Mobilization and demobilization for all of these facilities and equipment; 14. Products, materials, and equipment stored at the Site or other suitable location; 15. Products, materials, and equipment permanently incorporated into the Project; 16. Temporary facilities for managing water, including facilities for pumping, storage, and treatment as required for construction and protection of the environment; 17. Temporary facilities for managing environment conditions and Constituents of Concern; 18. Temporary facilities such as sheeting, shoring, bracing, formwork, embankments, storage facilities, working areas, and other facilities required for construction of the Project; 19. Temporary and permanent facilities for protection of all overhead, surface, or underground structures or features; 20. Temporary and permanent facilities for removal, relocation, or replacement of any overhead, surface, or underground structures or features; 21. Products, materials, and equipment consumed during the construction of the Project; 22. CMAR labor and supervision to complete the Project, including that provided through Subcontractors or Suppliers; 23. Correcting Defective Work during the Contract Times, during the Correction Period, or as required to meet any warranty provision of the Contract Documents; 24. Risk associated with weather and environmental conditions, start-up, and initial operation of facilities including equipment, processes, and systems; 25. CMAR's safety programs, including management, administration, and training; 26. Maintenance of facilities, including equipment, processes, and systems until operation is transferred to Owner; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 69 Rev 11/2025 27. Providing warranties, extended or special warranties, or extended service agreements; 28. Cleanup and disposal of any and all surplus materials; and 29. Demobilization of all physical, temporary facilities not incorporated into the Project. B. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price. C. Provide written approval of the surety company providing Bonds for the Schedule of Values, Application for Payment form, and method of payment prior to submitting the first Application for Payment. Payment will not be made without this approval. D. OAR may withhold processing Applications for Payment if any of the following processes or documentation are not up to date: 1. Record Documents per Article 20. 2. Progress Schedule per Article 27. 3. Project photographs per Article 28. 4. Documentation required to comply with Owner's Minority / MBE / DBE Participation Policy. 5. Documentation required to substantiate any approved Project deviation, including overruns of Designer's estimated quantity. 6. Documentation required by funding agency, if applicable. 17.03 Schedule of Values A. Submit a detailed Schedule of Values for the Work at least 10 days prior to submitting the first Application for Payment. B. Submit the Schedule of Values in the form attached to the Application for Payment - Tabulation of Earned Value of Original Contract Performed. C. Do not submit an Application for Payment until the Schedule of Values has been approved by the OAR. D. If unit prices are included in the Contract, use each unit price line item in the Contract as a unit price line item in the Schedule of Values. E. Divide lump sum line items, including Subcontractor and Supplier amounts in the Schedule of Values into smaller components to allow more accurate determination of the earned value for each item. 1. Provide adequate detail to allow a more accurate determination of the earned value expressed as a percentage of Work completed for each item. 2. Line items may not exceed $50,000.00, unless they are for products, materials or equipment permanently incorporated into the Project that cannot be subdivided into units or subassemblies. 3. Lump sum items may be divided into an estimated number of units to determine earned value. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 70 Rev 11/2025 a. The estimated number of units times the cost per unit must equal the lump sum amount for that line item. b. CMAR will receive payment for the lump sum for the line item, regardless of the number of units installed, unless an adjustment is made by Change Order. 4. Include CMAR's overhead and profit in each line item in proportion to the value of the line item to the Contract Price. 5. Include the cost not specifically set forth as an individual payment item but required to provide a complete and functional system in the Contract Price for each item. 6. These line items may be used to establish the value of Work to be added or deleted from the Project. 7. The sum of all values listed in the schedule must equal the total Contract Price. F. Subdivide each line item in the Schedule of Values into two payment components. The first component is the direct cost for products, materials, and equipment permanently incorporated into the Project. The second component is all other costs associated with the item in the Contract. The sum of the two components must equal the value of the line item in the Schedule of Values. G. Where a percentage of the line value is allowed for a specified stage of completion, show the value for each stage of completion as a component of that line item cost. 17.04 Schedule of Anticipated Payments and Earned Value A. Submit a schedule of the anticipated Application for Payments showing the application numbers, submission dates, and the anticipated amount to be requested. Incorporate retainage into the development of this schedule of anticipated payments. B. Update the Schedule of Payments as necessary to provide a reasonably accurate indication of the funds required to make payments each month to the CMAR for Work performed. 17.05 Basis for Payments A. Lump Sum Contracts: 1. Payment will be made for the earned value of Work completed during the payment period expressed as a percentage of Work completed for each line item during the payment period per the Contract Documents. 2. Payment amount is the value of Work completed per the Contract Documents multiplied by the percentage of Work completed. 3. Payment for lump sum items divided into an estimated number of units to determine earned value per Paragraph 17.03 will be made for the measured number of units. 4. Payment for stored materials and equipment will be made per Paragraph 17.06. B. Unit Price Contracts: 1. Payment will be made for the actual quantity of Work completed during the payment period and for materials and equipment stored during the payment period per the Contract Documents. General Conditions - CMAR Corpus Christi Standards 007200-71 Rev 11/2025 a. Payment amount is the Work quantity measured per the Contract Documents multiplied by the unit prices for that line item in the Contract. b. Payment for stored materials and equipment will be made per Paragraph 17.06. 2. Measure the Work described in the Contract for payment. Payment will be made only for the actual measured and/or computed length, area, solid contents, number, and weight, unless other provisions are made in the Contract Documents. Payment on a unit price basis will not be made for Work outside finished dimensions shown in the Contract Documents. Include cost for waste, overages, and tolerances in the unit price for that line item. 17.06 Payment for Stored Materials and Equipment A. Store materials and equipment properly at the Site. 1. Payment will be made for the invoice amount less the specified retainage. 2. Payment for materials and equipment shown in the Application for Payment and attachments will be made for the invoice amount, up to the value shown in the Schedule of Values for that line item. Costs for material and equipment in excess of the value shown in the Schedule of Values may not be added to other line items. 3. Payment will be made in full for the value shown in the line item for products and materials if invoices for materials and equipment are less than the amount shown in the line item and it can be demonstrated that no additional materials or equipment are required to complete Work described in that item. 4. Provide invoices at the time materials are included on the Application for Payment and attachments. Include invoice numbers so that a comparison can be made between invoices and amounts included on the Application for Payment and attachments. B. Provide a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of Liens. Provide documentation of payment for materials and equipment with the next Application for Payment. Adjust payment to the amount actually paid if this differs from the invoice amount. Remove items from the tabulation of materials and equipment if this documentation is not provided. Payment will not be made for material and equipment without documentation of payment. C. Contractors can be paid for non-perishable materials on hand stored at the site, provided that invoices are furnished to the Owner for verification of the material value, and that CMAR provides documents, satisfactory to the Owner, that show that the material supplier has been paid for the materials delivered to the work site. D. Provide evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest. E. The Work covered by progress payments becomes the property of the Owner at the time of payment. The CMAR's obligations with regard to proper care and maintenance, insurance, and other requirements are not changed by this transfer of ownership until accepted in accordance with the General Conditions. F. Payment for materials and equipment does not constitute acceptance of the product. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 72 Rev 11/2025 17.07 Retainage and Set -Offs A. Retainage will be withheld from each Application for Payment per the Agreement. Retainage will be released with the Final Completion payment. B. Reduce payments for set -offs per the General Conditions. Include the appropriate attachment to the Application for Payment. 17.08 Procedures for Submitting an Application for Payment A. Submit a draft Application for Payment to the OAR each month. Do not submit Applications for Payment more often than monthly. Review the draft Application for Payment with the OAR to determine concurrence with: 1. The earned value for each lump sum item including the value of properly stored and documented materials and equipment for each item in the Contract. 2. The quantity of Work completed for each unit price item. 3. Set -offs included in the Application for Payment. 4. Values requested for materials and equipment consistent with invoices for materials and equipment. B. Submit Applications for Payment monthly through the OAR after agreement has been reached on the draft Application for Payment. 1. Number each application sequentially and include the dates for the application period. 2. Show the total amounts for earned value of original Contract performed, earned value for Work on approved Contract Amendments and Change Orders, retainage, and set- offs. Show total amounts that correspond to totals indicated on the attached tabulation for each. 3. Include Attachment A to show the earned value on each line item in the Schedule of Values for Work shown in the original Contract. 4. Include Attachment B to show the earned value on line items for approved Change Orders. Add items to Attachment B as Change Orders are approved. Change Orders must be approved before payment can be made on Change Order items. 5. Include Attachment C to document set -offs required per the Contract Documents. Show each set-off as it is applied. Show a corresponding line item to reduce the set-off amount if a payment held by a set-off is released for payment. 6. Include Attachment D to allow tracking of invoices used to support amounts requested as materials in Attachments A and B. Enter materials to show the amount of the invoice assigned to each item in Attachment A or B if an invoice includes materials used on several line items. 7. Sign the Application for Payment, which certifies that all Work, including materials and equipment, covered by the Application for Payment has been completed or delivered and stored in accordance with the Contract Documents, that all amounts have been paid for Work, materials, and equipment for which previous payments have been made by the Owner, and that the current payment amount shown in the Application for Payment is now due. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 73 Rev 11/2025 C. Submit attachments in Portable Document Format (PDF): 1. Generate attachments to the Application for Payment using the Excel spreadsheet provided. 2. Submit PDF documents with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. 17.09 Responsibility of Owner's Authorized Representative A. OAR will review draft Application for Payment with CMAR to reach an agreement on the values that will be recommended for payment by the OAR. B. OAR will review Application for Payment submitted by CMAR to determine that the Application for Payment has been properly submitted and is in accordance with the agreed to draft Application for Payment. C. OAR is to either recommend payment of the Application for Payment to Owner or notify the CMAR of the OPT's reasons for not recommending payment. CMAR may make necessary corrections and resubmit the Application for Payment. OAR will review resubmitted Application for Payment and reject or recommend payment of the Application for Payment to Owner as appropriate. D. OAR's recommendation of the Application for Payment constitutes a representation by OPT that based on their experience and the information available: 1. The Work has progressed to the point indicated; 2. The quality of the Work is generally in accordance with the Contract Documents; and 3. Requirements prerequisite to payment have been met. E. This representation is subject to: 1. Further evaluation of the Work as a functioning whole; 2. The results of subsequent tests called for in the Contract Documents; or 3. Any other qualifications stated in the recommendation. F. OPT does not represent by recommending payment: 1. Inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or 2. Other matters or issues between the parties that might entitle CMAR to additional compensation or entitle Owner to withhold payment to CMAR may or may not exist. G. Neither OPT's review of CMAR's Work for the purposes of recommending payments nor OAR's recommendation of payment imposes responsibility on OPT: 1. To supervise, direct, or control the Work; 2. For the means, methods, techniques, sequences, or procedures of construction, or safety precautions and programs; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 74 Rev 11/2025 3. For CMAR's failure to comply with Laws and Regulations applicable to CMAR's performance of the Work; 4. To make examinations to ascertain how or for what purposes CMAR has used the monies paid on account of the Contract Price; or 5. To determine that title to the Work, materials, or equipment has passed to Owner free and clear of Liens. 17.10 CMAR's Warranty of Title A. CMAR warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 17.11 Final Completion Application for Payment A. Include adjustments to the Contract Price in the Final Completion Application for Payment for: 1. Approved Change Orders and Contract Amendments, 2. Allowances not previously adjusted by Change Order, 3. Deductions for Defective Work that has been accepted by the Owner, 4. Penalties and bonuses, 5. Deductions for liquidated damages, 6. Deduction for all final set -offs, and 7. Other adjustments if needed. B. OAR will prepare a final Change Order reflecting the approved adjustments to the Contract Price which have not been covered by previously approved Change Orders and if necessary reconcile estimate unit price quantities with actual quantities. 17.12 Final Completion Payment A. Make Final Completion Application for Payment after completing required corrections identified during the Final Completion inspection and delivering items and documents required by the Contract Documents. Provide the following with the Final Completion Application for Payment: 1. Consent of Surety to Final Completion payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the Final Completion Application for Payment to Owner if OPT is satisfied that the Work has been completed and CMAR's other obligations under the Contract Documents have been fulfilled or notify the CMAR of the OPT's reasons for not recommending final payment. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 75 Rev 11/2025 C. The Work is complete, subject to surviving obligations, when it is ready for Final Completion payment as established by the OAR's recommendation of payment of the Final Completion Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the Final Completion Application for Payment and accompanying documentation from the OAR. 17.13 Waiver of Claims A. The making of Final Completion payment does not constitute a waiver by Owner of claims or rights against CMAR. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after Final Completion inspection; 3. CMAR's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. CMAR's continuing obligations under the Contract Documents. B. CMAR waives claims and rights against Owner by accepting Final Completion payment with the exception of those Claims made in accordance with the provisions of Article 22 and specifically noted in the Certificate of Final Completion. ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION 18.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to CMAR. This notice fixes the date on which CMAR is to resume Work. CMAR is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. 18.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by CMAR and justifies termination for cause: 1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the CMAR to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 76 Rev 11/2025 4. Failure of CMAR to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against CMAR, b. CMAR is adjudged as bankrupt or insolvent, c. CMAR or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of CMAR's creditors, or e. A receiver is appointed on account of CMAR's insolvency; 5. CMAR's disregard of Laws or Regulations of public bodies having jurisdiction; 6. CMAR's repeated disregard of the authority of OPT; 7. CMAR's failure to prosecute the work with diligence; or 8. CMAR's other material breach of the Contract. B. CMAR and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if CMAR is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 18.02.A.4. Owner may terminate CMAR's performance under this Contract if CMAR and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. C. Owner may declare CMAR to be in default, give notice to CMAR and surety that CMAR's performance under the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving CMAR and surety 10 days' notice that one or more of the events identified in Paragraph 18.02.A has occurred. D. Owner may exclude CMAR from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated CMAR's performance under the Contract for cause. E. Owner may elect not to proceed with termination of CMAR's performance under the Contract under this Paragraph 18.02 if CMAR begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. CMAR is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 18.02. The amount of the Contract Price remaining is to be paid to the CMAR if the unpaid balance exceeds the cost to complete the Work. The cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination of CMAR's performance does not affect the rights or remedies of Owner against CMAR or against surety under the Payment Bond or Performance Bond. Owner does not release CMAR from liability by paying or retaining money due CMAR. General Conditions - CMAR Corpus Christi Standards 007200-77 Rev 11/2025 H. In the event the Owner terminates the contract for cause, and it is later determined that cause for termination was lacking, the termination will be deemed a termination without cause under Paragraph 18.03. 18.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to CMAR of the effective date of termination. CMAR is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 15.05; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to CMAR for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. 18.04 Work Product A. If Owner terminates the Agreement pursuant to this Article, CMAR shall deliver all Work Product produced in the performance of the Agreement to Owner within five days of Owner's notice of termination. B. In addition, CMAR shall assign or take such other steps as may be necessary to transfer the interest or rights under any applications for governmental approvals, material orders or otherwise to Owner. C. CMAR shall not withhold any Work Product on any ground, including on the basis that Owner has not yet paid the final invoice submitted by CMAR. ARTICLE 19 — PROJECT MANAGEMENT 19.01 Work Included A. Furnish resources required to complete the Project with an acceptable standard of quality within the Contract Times. B. Construct Project in accordance with current safety practices. C. Manage Site to allow access to Site and control construction operations. D. Construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities when no longer needed. E. Provide temporary controls for pollution, management of water and management of excess earth. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 78 Rev 11/2025 19.02 Quality Assurance A. Employ competent workmen, skilled in the occupation for which they are employed. Provide Work meeting quality requirements of the Contract Documents. B. Remove Defective Work from the Site immediately unless provisions have been made and approved by the OPT to allow repair of the product at the Site. Clearly mark Work as Defective until it is removed or allowable repairs have been completed. 19.03 Document Submittal A. Provide documents in accordance with Article 24. 1. Provide copies of Supplier's printed storage instructions prior to furnishing materials or products and installation instructions prior to beginning the installation. 2. Incorporate field notes, sketches, recordings, and computations made by the CMAR in Record Data. 19.04 Required Permits A. Obtain building permits for the Project from the local authorities having jurisdiction. Pay building permit fees and include this cost in the Contract Price. B. Obtain environmental permits required for construction at the Site. C. Provide required permits for transporting heavy or oversized loads. D. Provide other permits required to conduct any part of the Work. E. Arrange for inspections and certification by agencies having jurisdiction over the Work. F. Make arrangements with private utility companies and pay for fees associated with obtaining services, or for inspection fees. G. Retain copies of permits and licenses at the Site and observe and comply with all regulations and conditions of the permit or license. 19.05 Safety Requirements A. Manage safety to protect the safety and welfare of persons at the Site. B. Provide safe access to move through the Site. Provide protective devices to warn and protect from hazards at the Site. C. Provide safe access for those performing tests and inspections. D. Comply with latest provisions of the Occupational Health and Safety Administration and other Laws and Regulation. E. Cooperate with accident investigations. Provide two copies of all reports, including insurance company reports, prepared concerning accidents, injury, or death related to the Project to the OAR as Record Data per Article 26. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 79 Rev 11/2025 19.06 Access to the Site A. Maintain access to the facilities at all times. Do not obstruct roads, pedestrian walks, or access to the various buildings, structures, stairways, or entrances. Provide safe access for normal operations during construction. B. Provide adequate and safe access for inspections. Leave ladders, bridges, scaffolding, and protective equipment in place until inspections have been completed. Construct additional safe access if required for inspections. C. Use roadways for construction traffic only with written approval of the appropriate representatives of each entity. Obtain written approval to use roads to deliver heavy or oversized loads to the Site. Furnish copies of the written approvals to the Owner as Record Data per Article 26. 19.07 CMAR's Use of Site A. Limit the use of Site for Work and storage to those areas designated on the Drawings or approved by the OAR. Coordinate the use of the premises with the OAR. B. Provide security at the Site as necessary to protect against vandalism and loss by theft. C. Do not permit alcoholic beverages or illegal substances on the Site. Do not allow persons under the influence of alcoholic beverages or illegal substances to enter or remain on the Site at any time. Persons on Site under the influence of alcoholic beverages or illegal substances will be permanently prohibited from returning to the Site. Criminal or civil penalties may also apply. D. Park construction equipment in designated areas only and provide spill control measures. E. Park employees' vehicles in designated areas only. F. Obtain written permission of the Owner before entering privately -owned land outside of the Owner's property, rights -of -way, or easements. G. Do not allow the use of audio devices, obnoxious, vulgar or abusive language, or sexual harassment in any form. These actions will cause immediate and permanent removal of the offender from the premises. Criminal or civil penalties may apply. H. Require workers to wear clothing that is inoffensive and meets safety requirements. I. Do not allow firearms or weapons of any sort to be brought onto the Site under any conditions. No exception is to be made for persons with concealed handgun permits. Remove any firearms or weapons and the person possessing these firearms or weapons immediately from the Site. 19.08 Protection of Existing Structures and Utilities A. Examine the Site and review the available information concerning the Site. Locate utilities, streets, driveways, fences, drainage structures, sidewalks, curbs, and gutters. Verify the elevations of the structures adjacent to excavations. Report any discrepancies from information in the Contract Documents to the OAR before beginning construction. General Conditions - CMAR Corpus Christi Standards 007200-80 Rev 11/2025 B. Determine if existing structures, poles, piping, or other utilities at excavations will require relocation or replacement. Prepare a Plan of Action and coordinate Work with local utility companies and others for the relocation or replacement. C. Protect buildings, utilities, street surfaces, driveways, sidewalks, curb and gutter, fences, wells, drainage structures, piping, valves, manholes, electrical conduits, and other systems or structures unless they are shown to be replaced or relocated on the Drawings. Restore damaged items to the satisfaction of the OPT and utility owner. D. Carefully support and protect all structures and/or utilities so that there will be no failure or settlement where excavation or demolition endangers adjacent structures and utilities. Do not take existing utilities out of service unless required by the Contract Documents or approved by the OAR. Notify and cooperate with the utility owner if it is necessary to move services, poles, guy wires, pipelines, or other obstructions. E. Protect existing trees and landscaping at the Site. 1. Identify trees that may be removed during construction with OPT. 2. Mark trees to be removed with paint. 3. Protect trees to remain from damage by wrapping trunks with 2 x 4 timbers around the perimeter, securely wired in place, where machinery must operate around existing trees. Protect branches and limbs from damage by equipment. 4. Protect root zone from compaction. 19.09 Pre -Construction Exploratory Excavations A. Excavate and expose existing pipelines that cross within 20 feet of Project pipelines prior to any Work. Survey the line to determine its exact vertical and horizontal location at each point the existing pipeline may potentially conflict with the Work. B. Excavate and expose existing parallel pipelines at 300 feet intervals (maximum) for existing pipelines which are within 10 feet of Project pipelines. Survey the line to determine its exact vertical and horizontal location at each point where the line is excavated and exposed. C. Prepare a plan of action indicating the owner of pipelines excavated and surveyed and all pertinent survey data, including the station where lines cross or conflicts may exist and the distance to the pavement centerline and elevations of the top of existing pipelines. D. Do not perform Work on the Project until all exploratory excavations have been completed and the plan of action has been approved by the OAR. E. Unless specifically indicated otherwise in the Bid Form, no separate payment will be made for pre -construction exploratory excavations. Include the cost for pre -construction exploratory excavations in the unit price for the pipe construction or other applicable feature. When necessary, pavement repairs associated with exploratory excavations that are beyond the limits of the new pavement will be paid for at the unit prices for pavement repair when an item is included in the Bid Form. When an item for pavement repair is not included in the Bid Form, the cost should be included in the unit price for the pipe construction or other applicable feature. General Conditions - CMAR Corpus Christi Standards 007200-81 Rev 11/2025 19.10 Disruption of Services/Continued Operations A. Existing facilities are to continue in service as usual during the construction unless noted otherwise. Owners of utilities must be able to operate and maintain the facilities. Keep disruptions to existing utilities, piping, process piping, or electrical services to a minimum. 1. Do not restrict access to critical valves or operators. 2. Limit operations to the minimum amount of space needed to complete the specified Work. 3. Maintain storm sewers and sanitary sewers in service at all times. Provide temporary service around the construction or otherwise construct the structure in a manner that the flow is not restricted. B. Provide a plan of action if facilities must be taken out of operation. 19.11 Field Measurements A. Perform complete field measurements prior to purchasing products or beginning construction for products required to fit existing conditions. B. Verify property lines, control lines, grades, and levels indicated on the Drawings. C. Check Shop Drawings and indicate the actual dimensions available where products are to be installed. D. Include field measurements in Record Data as required in Article 26. 19.12 Reference Data and Control Points A. The OPT will provide the following control points: 1. Base line or grid reference points for horizontal control. 2. Benchmarks for vertical control. B. Locate and protect control points prior to starting the Work and preserve permanent reference points during construction. Designated control points may be on an existing structure or monument. Do not change or relocate points without prior approval of the OAR. Notify OAR when the reference point is lost, destroyed, or requires relocation. Replace Project control points on the basis of the original survey. C. Provide complete engineering layout of the Work needed for construction. 1. Provide competent personnel. Provide equipment including accurate surveying instruments, stakes, platforms, tools, and materials. 2. Provide surveying with accuracy meeting the requirements established for Category 5 Construction Surveying as established in the Manual of Practice of Land Surveying in Texas published by the Texas Society of Professional Surveyors, latest revision. 3. Record Data and measurements per standards. 19.13 Delivery and Storage A. Deliver products and materials to the Site in time to prevent delays in construction. General Conditions - CMAR Corpus Christi Standards 007200-82 Rev 11/2025 B. Deliver packaged products to Site in original undamaged containers with identifying labels attached. Open cartons as necessary to check for damage and to verify invoices. Reseal cartons and store properly until used. Leave products in packages or other containers until installed. C. Assume full responsibility for the protection and safekeeping of products stored at the Site. D. Store products at locations acceptable to the OAR and to allow Owner access to maintain and operate existing facilities. E. Store products in accordance with the Supplier's storage instructions immediately upon delivery. Leave seals and labels intact. F. Provide additional storage areas as needed for construction. Store products subject to damage by elements in substantial weather -tight enclosures or storage sheds. Provide and maintain storage sheds as required for the protection of products. Provide temperature, humidity control, and ventilation within the ranges stated in the Supplier's instructions. Remove storage facilities at the completion of the Project. G. Protect the pipe interior. Keep all foreign materials such as dirt, debris, animals, or other objects out of the pipe during the Work. Cap or plug ends of installed pipe in an approved manner when pipe is not being installed. Clean or wash out pipe sections that become contaminated before continuing with installation. Take precautions to prevent the pipe from floating or moving out of the proper position during or after laying operations. Immediately correct any pipe that moves from its correct position. H. Provide adequate exterior storage for products that may be stored out-of-doors. 1. Provide substantial platforms, blocking, or skids to support materials and products above ground which has been sloped to provide drainage. Protect products from soiling or staining. 2. Cover products subject to discoloration or deterioration from exposure to the elements, with impervious sheet materials. Provide ventilation to prevent condensation below covering. 3. Store loose, granular materials on clean, solid surfaces, or on rigid sheet materials, to prevent mixing with foreign matter. 4. Provide surface drainage to prevent erosion and ponding of water. 5. Prevent mixing of refuse or chemically injurious materials or liquids with stored materials. 6. Pipes and conduits stored outdoors are to have open ends sealed to prevent the entrance of dirt, moisture, and other injurious materials. Protect PVC pipe from ultraviolet light exposure. 7. Store light weight products to prevent wind damage. I. Maintain storage facilities. Inspect stored products on a weekly basis and after periods of severe weather to verify that: 1. Storage facilities continue to meet specified requirements; 2. Supplier's required environmental conditions are continually maintained; and General Conditions - CMAR Corpus Christi Standards 007200-83 Rev 11/2025 3. Products that can be damaged by exposure to the elements are not adversely affected. J. Replace any stored item damaged by inadequate protection or environmental controls. K. Payment may be withheld for any products not properly stored. 19.14 Cleaning During Construction A. Provide positive methods to minimize raising dust from construction operations and provide positive means to prevent air -borne dust from disbursing into the atmosphere. Control dust and dirt from demolition, cutting, and patching operations. B. Clean the Project as Work progresses and dispose of waste materials, keeping the Site free from accumulations of waste or rubbish. Provide containers on Site for waste collection. Do not allow waste materials or debris to blow around or off of the Site. Control dust from waste materials. Transport waste materials with as few handlings as possible. C. Comply with Laws and Regulations. Do not burn or bury waste materials. Remove waste materials, rubbish and debris from the Site and legally dispose of these at public or private disposal facilities. D. Provide a final cleaning to thoroughly clean the entire Site and make ready for acceptance. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water trucks or hose down paved site to like new appearance. 19.15 Maintenance of Roads, Driveways, and Access A. Maintain roads and streets in a manner that is suitable for safe operations of public vehicles during all phases of construction unless the Owner approves a street closing. Do not close public roads overnight. B. Submit a Notification by CMAR for Owner's approval of a street closing. The request shall state: 1. The reason for closing the street. 2. How long the street will remain closed. 3. Procedures to be taken to maintain the flow of traffic. C. Construct temporary detours, including by-pass roads around construction, with adequately clear width to maintain the free flow of traffic at all times. Maintain barricades, signs, and safety features around the detour and excavations. Maintain barricades, signs, and safety features around the Work in accordance with all provisions of the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). D. Assume responsibility for any damage resulting from construction along roads or drives. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 84 Rev 11/2025 19.16 Area Access and Traffic Control A. Provide traffic control measures to assure a safe condition and to provide a minimum of inconvenience to motorists and the public. Provide all-weather access to all residents and businesses at all times during construction. Provide temporary driveways and/or roads of approved material during wet weather. Maintain a stockpile of suitable material on the Site to meet the demands of inclement weather. B. Schedule operations to minimize adverse impact on the accessibility of adjoining properties. Sequence construction to build driveways in half widths, construct temporary ramps, or any other measure required to maintain access to adjoining properties. C. Maintain travel lanes within the Traffic Control Plan, including pot hole patching and mill and overlay, if needed. D. Install blue signs for business access with the initial Traffic Control Plan. E. Comply with the Owner's Uniform Barricading Standards and Practices. Copies of this document are available through the Owner's Public Works Department. Secure required permits from the Owner's Public Works Department. 19.17 Overhead Electrical Wires A. Comply with OSHA safety requirements regarding construction equipment working beneath overhead electrical wires. Prevent and pay for repairs for damage to existing overhead electrical wires or facilities. B. Provide for adequate safety with regard to overhead lines whether overhead lines are or are not shown in the Contract Documents. 19.18 Blasting A. Blasting is not allowed for any purpose. 19.19 Archeological Requirements A. Cease operations immediately and contact the Owner for instructions if historical or archaeological artifacts are found during construction. B. Conduct all construction activities to avoid adverse impact on the Sites where significant historical or archaeological artifacts are found or identified as an area where other artifacts could be found. 1. Obtain details for Working in these areas. 2. Maintain confidentiality regarding the Site. 3. Adhere to the requirements of the Texas Historical Commission. 4. Notify the OAR and the Texas Historical Commission. C. Do not disturb archaeological sites. 1. Obtain the services of a qualified archaeological specialist to instruct construction personnel on how to identify and protect archaeological finds on an emergency basis. 2. Coordinate activities to permit archaeological work to take place within the area. General Conditions - CMAR Corpus Christi Standards 007200-85 Rev 11/2025 a. Attempt to archaeologically clear areas needed for construction as soon as possible. b. Provide a determination of priority for such areas. D. Assume responsibility for any unauthorized destruction that might result to such Sites by construction personnel, and pay all penalties assessed by the State or Federal agencies for non-compliance with these requirements. E. Contract Times will be modified to compensate for delays caused by such archaeological finds. No additional compensation will be paid for delays. 19.20 Endangered Species Resources A. Do not perform any activity that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal Endangered Species Act (ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. B. Cease Work immediately in the area of the encounter and notify the OAR if a threatened or endangered species is encountered during construction. OPT will implement actions in accordance with the ESA and applicable State statutes. Resume construction in the area of the encounter when authorized to do so by the OAR. 19.21 Cooperation with Public Agencies A. Cooperate with all public and private agencies with facilities operating within the limits of the Project. B. Provide a 48-hour notice to any applicable agency when work is anticipated to proceed in the vicinity of any facility by using Texas 811 at 811 and the Lone Star Notification Center at 1-800-669-8344. C. A contact list of agencies is included for CMAR's convenience: Public Agencies/Contacts Phone Number City Engineer 361-826-3500 City Construction Inspection 361-826-3510 Traffic Engineering 361-826-3547 Police Department 361-882-2600 361-826-1800 (361-826-1818 after Water/ Wastewater/ Stormwater hours) Gas Department 361-885-6900 (361-885-6942 after hours) Parks & Recreation Department 361-826-3461 Street Department 361-826-1875 City Street Div. for Traffic Signals 361-826-1610 Solid Waste & Brush 361-826-1973 IT Department (City Fiber) 361-826-1956 General Conditions - CMAR Corpus Christi Standards 007200-86 Rev 11/2025 Public Agencies/Contacts Phone Number AEP 1-877-373-4858 AT&T 361-881-2511 (1-800-824-4424 after hours) Grande Communications 1-866-247-2633 Spectrum Communications 1-800-892-4357 Crown Castle Communications (Network Operations Center) 1 888 632 0931 Centu ryLi n k 361-208-0730 Windstream 1-800-600-5050 Regional Transportation Authority 361-289-2712 Port of Corpus Christi Authority Engr. 361-882-5633 TxDOT Area Office 361-808-2500 Corpus Christi ISD 361-695-7200 ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included A. Administer Contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the OAR. 20.02 Document Submittal A. Provide documents in accordance with Article 24. B. Use the forms provided for Contract administration, applications for payment, document submittals, documentation of test results, equipment installation and documentation, and Project closeout. A digital copy of the required forms will be provided to the CMAR before or at the pre -construction conference. 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The OAR will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. C. The OAR will normally communicate only with the CMAR. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the CMAR. General Conditions - CMAR Corpus Christi Standards 007200-87 Rev 11/2025 D. Direct written communications to the OAR at the address indicated at the pre -construction conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Project number. 4. Date. 5. A reference statement. 20.04 Project Meetings A. Pre -Construction Meeting: 1. Attend a pre -construction meeting. 2. The location of the meeting will be determined by the OAR. 3. The time of the meeting will be determined by the OAR but will be not later than 15 days after the Notice to Proceed is issued. 4. The OPT, CMAR's project manager and superintendent, representatives of utility companies, and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Article 27. b. Schedule of Values and anticipated Schedule of Payments per Article 17. c. List of Subcontractors and Suppliers. d. CMAR's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the CMAR and the limit of that authority with respect to the execution of legal documents, Contract Modifications, and payment requests. B. Progress Meetings: 1. Attend meetings with the OAR, Owner and Designer. a. Meet on a biweekly basis or as requested by the OAR to discuss the Project. b. Meet at the Site or other location as designated by the OAR. c. CMAR's superintendent and other key personnel are to attend the meeting. Other Key Individuals may be requested to attend to discuss specific matters. d. Notify the OAR of any specific items to be discussed a minimum of one week prior to the meeting. 2. Provide information as requested by the OAR concerning this Project. Prepare to discuss: a. Status of overall Project schedule. b. CMAR's detailed schedule for the next month. General Conditions - CMAR Corpus Christi Standards 007200-88 Rev 11/2025 c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of documents. f. Information or clarification of the Contract Documents. g. Claims and proposed Modifications to the Contract. h. Field observations, problems, or conflicts. i. Maintenance of quality standards. 3. Designer will prepare minutes of meetings. Review the minutes of the meeting and notify the OAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre- Submittal and Pre -Installation Meetings: 1. Conduct pre -submittal and pre -installation meetings as required in the individual technical Specifications or as determined necessary by the OAR (for example, instrumentation, roofing, concrete mix design, etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by CMAR in accordance with Paragraph 20.07 for the meeting two weeks before the meeting. OPT must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the OPT for review. OPT will review the minutes of the meeting and notify the CMAR of any discrepancies within 10 days of the date of the meeting memorandum. The minutes will not be corrected after the 10 days have expired. Corrections will be reflected in a revised set of meeting minutes. 20.05 Requests for Information A. Submit Request for Information (RFI) to the OAR to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item through e-Builder. 2. Attach adequate information to permit a written response without further clarification. Requests that do not have adequate information will be returned to the CMAR for additional information. CMAR is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made through e-Builder. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents and does not modify the Contract Documents. General Conditions - CMAR Corpus Christi Standards 007200-89 Rev 11/2025 C. OAR will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. 20.06 Decision and Action Item Log A. OAR will maintain a decision and action item log to track decisions and assignments made at meetings, telephone conversation, in emails or at Site visits. 1. Review the Action Item Log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the CMAR or through the CMAR to a Subcontractor or Supplier to the OAR. Report on status of progress one week prior to each progress meeting established in Paragraph 20.04 to allow OAR to update the log prior to the progress meetings. 3. Be prepared to discuss the status at each meeting. B. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a Modification as an action item if appropriate. The Contract Documents can only be changed by a Modification. 20.07 Notification By CMAR A. Notify the OAR of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by OAR, Designer, or inspection agencies prior to covering Work. 6. Training. B. Provide written notification a minimum of 2 weeks in advance in order to allow OPT time to respond appropriately to the notification. 20.08 Record Documents A. Maintain at the Site one complete set of printed Record Documents including: 1. Drawings. 2. Specifications. 3. Addenda. 4. Modifications. 5. Record Data and approved Shop Drawings. 6. Construction photographs. 7. Test Reports. 8. Clarifications and other information provided in Request for Information responses. General Conditions - CMAR Corpus Christi Standards 007200-90 Rev 11/2025 9. Reference standards. B. Store printed Record Documents and Samples in the CMAR's field office. 1. Record Documents are to remain separate from documents used for construction. 2. Provide files and racks for the storage of Record Documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain Record Documents in clean, dry, legible conditions, and in good order. 5. Make Record Documents and Samples available at all times for inspection by the OPT. C. Maintain a digital record of Specifications and Addenda to identify products provided in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. D. Maintain a digital record of Drawings in PDF format. 1. Reference the Record Data number, Shop Drawings number, and O&M manual number for each product and item of equipment furnished or installed. 2. Reference Modifications by type and number for all changes. 3. Record information as construction is being performed. Do not conceal any Work until the required information is recorded. 4. Mark Drawings to record actual construction, including the following: a. Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. b. Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. c. Location of utilities and appurtenances concealed in the Work. Refer measurements to permanent structures on the surface. Include the following equipment: 1) Piping. 2) Ductwork. 3) Equipment and control devices requiring periodic maintenance or repair. 4) Valves, unions, traps, and tanks. 5) Services entrance. 6) Feeders. 7) Outlets. d. Changes of dimension and detail. e. Changes by Modifications. f. Information in Request for Information or included in the Project Issues Log. General Conditions - CMAR Corpus Christi Standards 007200-91 Rev 11/2025 g• Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations, and additional information issued in response to RFIs. 5. Mark Drawings with the following colors: a. Highlight references to other documents, including Modifications in blue; b. Highlight mark ups for new or revised Work (lines added) in yellow; c. Highlight items deleted or not installed (lines to be removed) in red; and d. Highlight items constructed per the Contract Documents in green. 6. Submit Record Documents to Designer for review and acceptance 30 days prior to Final Completion of the Project. E. Applications for Payment will not be recommended for payment if Record Documents are found to be incomplete or not in order. Final payment will not be recommended without complete Record Documents. ARTICLE 21— QUALITY MANAGEMENT 21.01 CMAR's Responsibilities A. Prepare and submit the CMAR's Quality Management Plan at the pre -construction meeting. Update and revise, as necessary. B. Provide CMAR's Quality Management Plan that incorporates construction operations at both the Site and production Work at remote locations and includes Work by Subcontractors and Suppliers. The CMAR's Quality Management Plan is to include: 1. A description of the quality control organization, including an organization chart showing lines of authority to control the quality of Work; 2. The name, qualifications (in resume format), duties, responsibilities, and authorities of other persons assigned a quality control function; 3. Procedures for scheduling, reviewing, certifying, and managing documentation, including documentation provided by Subcontractors and Suppliers; 4. Control, verification, and acceptance testing procedures for each specific test. Include: a. Name of tests to be performed, b. Specification paragraph requiring test, c. Parameters of Work to be tested, d. Test frequency, e. Persons responsible for each test, and f. Applicable industry testing standards and laboratory facilities to be used for the test; 5. Integrate the OPT quality assurance testing into the CMAR's Quality Management Plan; 6. Procedures for tracking and documenting quality management efforts; General Conditions - CMAR Corpus Christi Standards 007200-92 Rev 11/2025 7. Procedures for tracking Defective Work from initial identification through acceptable corrective action. Indicate how documentation of the verification process for deficiencies will be made; 8. Reporting procedures; and 9. The name of the proposed testing laboratories along with documentation of qualifications that includes a list of the engineers and technical staff that will provide testing services on the Project, descriptions of the qualifications of these individuals, list of tests that can be performed, equipment used with date of last certification, and a list of recent projects for which testing has been performed with references for those projects. 10. Provide testing laboratories that comply with the American Council of Independent Laboratories (ACIL) "Recommended Requirements for Independent Laboratory Qualifications." C. Notify the OAR of any changes to the CMAR's Quality Management Plan or quality management personnel. 21.02 Implement CMAR's Quality Management Plan A. Implement the CMAR's Quality Management Plan to control the quality of the Work and verify that the Work meets the standards of quality established in the Contract Documents. 1. Inspect products to be incorporated into the Project. Ensure that Suppliers have adequate quality control systems to ensure that products that comply with the Contract Documents are provided. 2. Integrate quality control measures into construction activities to produce Work which meets quality expectations of the Contract Documents. Inspect the Work of the CMAR, Subcontractors, and Suppliers. Correct Defective Work. 3. Provide and pay for the services of an approved professional materials testing laboratory acceptable to the OPT to provide testing that demonstrates that products proposed for the Project fully comply with the Contract Documents. 4. Handle and protect test specimens of products and construction materials at the Site in accordance with recognized test procedures. Provide facilities for storing, curing, and processing test specimens as required by test standard to maintain the integrity of Samples. 5. Provide facilities, equipment, and Samples required for quality control inspections and tests: a. Give the OAR adequate notice before proceeding with Work that would interfere with inspections or testing; b. Notify the OAR and testing laboratories prior to the time that testing is required, providing adequate lead time to allow arrangements for inspections or testing to be made; c. Do not proceed with any Work that would impact the ability to correct defects or Work that would require subsequent removal to correct defects until testing General Conditions - CMAR Corpus Christi Standards 007200-93 Rev 11/2025 services have been performed and results of tests indicate that the Work is acceptable; d. Cooperate fully with the performance of sampling, inspection, and testing; e. Provide personnel to assist with sampling or to assist in making inspections and field tests; f. Obtain and handle Samples for testing at the Site or at the production source of the product to be tested; g. Provide adequate quantities of representative products to be tested to the laboratory at the designated locations; h. Provide facilities required to store and cure test Samples; i. Provide calibrated scales and measuring devices for the OPT's use in performing inspections and testing; j. Provide adequate lighting to allow OPT observations; and k. Make Contract Documents available to testing agencies when requested. 6. Provide safe access for all inspection and testing activities, including those to be conducted as part of the OPT's Quality Management Program. 7. Document Defective Work through certified test reports and Defective Work notices. Document that corrective actions have been taken to correct any defects and that corrected Work is in compliance with the Contract Documents. 8. Apply quality control measures to documentation provided for the Project. 9. Implement countermeasures to prevent future Defective Work. B. Perform testing per recognized test procedures, standards of the State Department of Highways and Public Transportation, American Society of Testing Materials (ASTM), or other testing associations. Perform tests in accordance with published procedures for testing issued by these organizations. 1. Provide certified test reports for products to be incorporated into the Project. Provide reports to indicate that proposed products comply with the Contract Documents or indicate that proposed products do not comply with the Contract Documents and why it does not comply. Submit these test reports as part of a Shop Drawings submitted per Article 25. 2. Provide certified test reports for inspection and testing required in the Contract Documents. Provide reports to indicate that Work complies with the Contract Documents or indicate that Work does not comply with the Contract Documents and why it does not comply. Submit these test reports per Article 24. C. All verification testing is to be observed by the OAR or designated representative. D. Send a copy of test reports to the OAR. E. Provide an update on quality control activities at monthly progress meetings. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 94 Rev 11/2025 F. Owner will withhold payment for Defective Work or Work that has not been tested or inspected in accordance with the CMAR's Quality Management Plan, the OPT's quality assurance program, or the Contract Documents. G. Owner will withhold payment for additional testing fees incurred due to CMAR's noncompliance with OPT's Quality Control Program, including retesting fees, standby time, cancellation charges, and trip fees for retesting or cancellations. H. Work performed that is connected or adjacent to Defective Work or Work that would have to be removed to correct Defective Work is also considered to be Defective. CMAR is responsible for all cost with replacing any acceptable Work that must be removed or might be damaged by corrective actions. 21.03 Quality Assurance Activities by OPT A. OPT will perform its own quality assurance tests independent of the CMAR's Quality Management Program. Assist the OPT and testing organizations in performing quality assurance activities. B. Quality assurance testing performed by the OPT will be paid for by the Owner, except for verification testing required for Defective Work. C. Quality assurance activities of the OPT, through their own forces or through contracts with consultants and materials testing laboratories are for the purpose of monitoring the results of the CMAR's Work to see that it is in compliance with the requirements of the Contract Documents. Quality assurance activities or non-performance of quality assurance activities by the OPT do not: 1. Relieve the CMAR of its responsibility to provide Work or furnish products that conform with the requirements of the Contract Documents; 2. Relieve the CMAR of its responsibility for providing adequate quality control measures; 3. Relieve the CMAR of its responsibility for damage to or loss of Work or products before OPT's acceptance; 4. Constitute or imply OPT's acceptance; and 5. Affect the continuing rights of the Owner after OPT's acceptance of the completed Work. D. Work is subject to OPT's quality assurance observations or testing at any time. Products which have been tested or inspected and approved by OPT at a supply source or staging area may be inspected or tested again by the OPT before, during or after incorporation into the Work and rejected if products do not comply with the Contract Documents. 21.04 CMAR's Use of OPT's Test Reports A. CMAR will receive copies of all test reports documenting OPT's quality assurance activities. CMAR is entitled to rely on the accuracy of these test results and use these as part of their quality control efforts. B. CMAR is to determine additional testing or inspections that may be required to implement the CMAR's Quality Management Plan. Include cost for additional testing and inspections General Conditions - CMAR Corpus Christi Standards 007200-95 Rev 11/2025 required to meet Contractors quality control obligations, including the cost for correcting Defective Work in the Contract Price. 21.05 Verification Testing for Corrected Defects A. Provide verification testing on Work performed to correct Defective Work to demonstrate that the Work is now in compliance with the Contract Documents. Document that Defective Work has been corrected. B. Pay for verification testing. OPT may perform verification testing as part of its quality assurance program and impose a set-off to recover the cost for this testing. C. Conduct the same tests or inspections used to determine that the original Work was Defective. Different tests or methods may be used if approved by the OPT. 21.06 Test Reports A. Certified test reports are to be prepared for all tests. 1. Tests performed by testing laboratories may be submitted on their standard test report forms if acceptable to the OPT. These reports must include the following: a. Name of the Owner, Project title and number and CMAR; b. Name of the laboratory, address, and telephone number; c. Name and signature of the laboratory personnel performing the test; d. Description of the product being sampled or tested; e. Date and time of sampling, inspection, and testing; f. Date the report was issued; g. Description of the test performed; h. Weather conditions and temperature at time of test or sampling; i. Location at the Site or structure where the sample was taken; j. Standard or test procedure used in making the test; k. A description of the results of the test; I. Statement of compliance or non-compliance with the Contract Documents; and m. Interpretations of test results, if appropriate. 2. Submit reports on tests performed by CMAR, Subcontractors or Suppliers to the OAR. 3. OPT will prepare test reports on tests performed by the OPT. B. Send test report to OAR within 24 hours of completing the test. Flag test reports with results that do not comply with Contract Documents for immediate attention. C. Payment for Work may be withheld until test reports indicate that the Work is not Defective. General Conditions - CMAR Corpus Christi Standards 007200-96 Rev 11/2025 21.07 Limitation of Authority of Testing Laboratory A. The testing laboratory representatives are limited to providing testing services and interpreting the results of the test performed. B. The testing laboratory is not authorized to: 1. Alter the requirements of the Contract Documents; 2. Accept or reject any portion of the Work; 3. Perform any of the duties of the CMAR; or 4. Direct or stop the Work. ARTICLE 22 — FINAL RESOLUTION OF DISPUTES 22.01 Senior Level Negotiations A. Each party is required to continue to perform its obligations under the Contract pending the final resolution of any dispute arising out of or relating to the Contract, unless it would be impossible or impractical under the circumstances then present. B. All negotiations pursuant to Article 22 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. C. Before invoking mediation, Owner and CMAR agree that they first shall try to resolve any dispute arising out of or related to this Contract through discussions directly between those senior management representatives within their respective organization who have overall managerial responsibility for similar projects. Owner and CMAR agree that this step shall be a condition precedent to the use of any other alternative dispute resolution process. If the parties' senior management representatives cannot resolve the dispute within 60 calendar days after a party delivers a written notice of appeal of a claim under Article 13, the parties shall proceed with mediation. 22.02 Mediation A. In the event that Owner and/or CMAR contend that the other has committed a material breach of the Contract or the parties cannot reach a resolution of a claim or dispute pursuant to Paragraph 22.01, as a condition precedent to filing a lawsuit, either party may request mediation of the dispute with the following requirements: 1. The request for mediation shall be in writing and shall request that the mediation commence not less than 30 calendar days or more than 90 calendar days following the date of the request, except upon agreement of the parties. 2. In the event Owner and CMAR are unable to agree to a date for the mediation or to the identity of the mediator within 30 calendar days following the date of the request for mediation, all conditions precedent shall be deemed to have occurred. 3. Owner and CMAR are to each pay one-half of the mediator's fees and costs. Venue for any mediation or lawsuit filed under this Contract shall be in Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement in any court having jurisdiction thereof. General Conditions - CMAR Corpus Christi Standards 007200-97 Rev 11/2025 4. Nothing in this Contract shall be construed as consent to a lawsuit. No provision of the Contract shall waive any immunity or defense. ARTICLE 23 — MINORITY/MBE/DBE PARTICIPATION POLICY 23.01 Policy A. It is the policy of the Owner that maximum opportunity is afforded minorities, women, low income persons and Minority/Disadvantaged Business Enterprises (M/DBE) to participate in the performance of contracts awarded by the Owner in support of Equal Employment Opportunity goals and objectives. In accordance with such policy, the Owner has established goals, as stated herein, both for minority and female participation by trade and for Minority Business Enterprise. 23.02 Definitions A. Minority/Disadvantaged Business Enterprise: A business enterprise that is owned and controlled by one or more minority person(s) or socially and economically disadvantaged individual(s). Minority/Disadvantaged person(s) must collectively own, operate and/or actively manage, and share in payments from such an enterprise in the manner hereinafter set forth: 1. Owned: a. For a sole proprietorship to be deemed a minority business enterprise, it must be owned by a minority person. b. For an enterprise doing business as a partnership, at least 51 percent of the assets or interest in the partnership property must be owned by one or more minority person(s). c. For an enterprise doing business as a corporation, at least 51 percent of the assets or interest in the corporate shares must be owned by one or more minority person(s). 2. Controlled: a. The primary power, direct or indirect, to manage a business enterprise rests with a minority person(s). 3. Share in Payments: a. Minority partners, proprietors, or stockholders of the business enterprise must be entitled to receive 51 percent or more of the total profits, bonuses, dividends, interest payments, commissions, consulting fees, rents, procurement, and subcontract payments, and any other monetary distribution paid by the business enterprise. B. Minority: Minority persons include Blacks, Mexican -Americans and other persons of Hispanic origin, American Indians, Alaskan Natives, and Asians or Pacific Islanders. For the purposes of this policy, women are also considered as minorities. C. Socially and economically disadvantaged individual: Any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who has been subjected to General Conditions - CMAR Corpus Christi Standards 007200-98 Rev 11/2025 racial or ethnic prejudice or cultural bias within American society because of his or her identity as a member of a group and without regard to his or her individual qualities. The social disadvantage must stem from circumstances beyond the individual's control. D. Female Owned Business Enterprise: A sole proprietorship that is owned and controlled by a woman, a partnership at least 51 percent of whose assets or partnership interests are owned by one or more women, or a corporation at least 51 percent of whose assets or interests in the corporate shares are owned by one or more women. E. Joint Venture: A joint venture means an association of two or more persons, partnerships, corporations, or any combination thereof, founded to carry on a single business activity which is limited in scope and direction. The degree to which a joint venture may satisfy the stated MBE goal cannot exceed the proportionate interest of the MBE as a member of the joint venture in the Work to be performed by the joint venture. For example, a joint venture which is to perform 50 percent of the Work itself and in which a minority joint venture partner has a 50 percent interest, shall be deemed equivalent to having minority participation in 25 percent of the Work. Minority members of the joint venture must have financial, managerial, or technical skills in the Work to be performed by the joint venture. 23.03 Goals A. The goals for participation by minorities and Minority Business Enterprises expressed in percentage terms for the CMAR's aggregate work force on all construction Work for the Project shall be: 1. Minority participation goal is 45%. 2. Minority Business Enterprise participation goal is 15%. B. These goals are applicable to all construction Work (regardless of federal participation) performed under the Contract, including approved Change Orders. The hours of minority employment must be substantially uniform throughout the length of the Contract and in each trade. The transfer of minority employees from contractor to contractor or from project to project for the sole purpose of meeting the CMAR's percentage is prohibited. 23.04 Compliance A. Upon completion of the Project, a final breakdown of MBE participation shall be submitted by the CMAR to the OAR. B. The CMAR is to indicate the percent of minority and female participation, by trade, which has been utilized on the Project. ARTICLE 24 — DOCUMENT MANAGEMENT 24.01 Work Included A. Submit documentation as required by the Contract Documents and as reasonably requested by the OAR. General Conditions - CMAR Corpus Christi Standards 007200-99 Rev 11/2025 24.02 Quality Assurance A. Submit legible, accurate, complete documents presented in a clear, easily understood manner. Documents not meeting these criteria will be returned without review. 24.03 CMAR's Responsibilities A. Review documents prior to submitting. Make certifications as required by the Contract Documents and as indicated on forms provided. B. Provide a Schedule of Documents to list the documents that are to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that documents must be returned to comply with the Project schedule. C. Incorporate the dates for processing documents into the Progress Schedule required by Article 27. 1. Provide documents in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of documents when preparing the Progress Schedule. Assume a 14 day review cycle for each document unless a longer period of time is indicated in the Contract Documents or agreed to by Designer and CMAR. 3. Schedule submittal of documents to provide all information for interrelated Work at one time. 4. Allow adequate time for processing documents so construction of the Project is not delayed. 24.04 Document Submittal A. Submit documents through the OAR. Send all documents in digital format for processing. 1. Provide all information requested with a completed Document Transmittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. 2. The Document Transmittal form is to be the first page in the document submitted. 3. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the document. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 100 Rev 11/2025 f. Flatten markups in documents to prevent markups made by CMAR from being moved or deleted. Flatten documents to allow markup recovery. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 24.05 Document Numbering g. A. Assign a number to the documents originated to allow tracking of the documents during the review process. 1. Assign the number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment CMAR CO Change Order OAR CP Change Proposal CMAR CTR Certified Test Report CMAR FO Field Order OAR NBC Notification by CMAR CMAR PD Photographic Documentation CMAR RCP Request fora Change Proposal OAR RD Record Data CMAR RFI Request for Information CMAR SD Shop Drawing CMAR SCH Schedule of Progress CMAR 2. Issue sequence numbers in chronological order for each type of document. 3. Issue numbers for resubmittals that have the same number as the original document followed by an alphabetical suffix indicating the number of times the same document has been sent to the Designer for processing. For example: SD 025 A represents Shop Drawing number 25 and the letter "A" designates that this is the second time this document has been sent for review. 4. Clearly note the document number on each page or sheet of the document. 5. Correct assignment of numbers is essential since different document types are processed in different ways. B. Include reference to the Drawing number and/or Specification Section, detail designation, schedule, or location that corresponds with the data on the document transmittal forms. Other identification may also be required, such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. General Conditions - CMAR Corpus Christi Standards 007200-101 Rev 11/2025 24.06 Document Requirements A. Furnish documents as indicated below or in individual Specification Sections. Submit documents per the procedures described in the Contract Documents. B. Submit documents per the Specification Section shown in the following table: Document Type Section Application for Payment Article 17 Change Proposal Article 12 Certified Test Report Article 25 for approval of product Article 21 to demonstrate compliance Notification by CMAR Article 20 Photographic Documentation Article 28 Progress Schedules Article 27 Record Data Article 26 Request for Information Article 20 Shop Drawing Article 25 Schedule of Values Article 17 Substitutions Article 11 Suppliers and Subcontractors Articles 20 and 26 ARTICLE 25 — SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the CMAR conform, in general, to the design concepts of the Contract Documents. C. CMAR's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 102 Rev 11/2025 25.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents or will be if deviations requested per Paragraph 25.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 25.03 CMAR's Responsibilities A. Provide Shop Drawings in accordance with the Schedule of Documents. B. Include Shop Drawings in the Schedule of Documents required by Article 24 to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by Article 27. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting the Shop Drawing for a least a second review. Assume a 14-day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to CMAR's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 103 Rev 11/2025 E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawings; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawings are complete for their intended purpose; and 5. Conflicts between the Shop Drawings related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the CMAR and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request in accordance with Paragraph 25.09. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the CMAR's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by Owner. 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; General Conditions - CMAR Corpus Christi Standards 00 72 00 - 104 Rev 11/2025 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 25.05 Special Certifications and Reports A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 25.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of Final Completion. B. Identify all extended warranties, defined as any guarantee of performance for the product or system beyond the 1-year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for extended warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 25.07 Shop Drawing Submittal Procedures A. Submit Shop Drawings through OAR. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 105 Rev 11/2025 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 25.08.A. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by CMAR from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 106 Rev 11/2025 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless CMAR requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14-day target. CMAR is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 25.03. 25.08 Sample and Mockup Submittal Procedures A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts from the manufacturer or fabricator and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by CMAR. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 107 Rev 11/2025 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by CMAR. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 25.09 Equal Non Specified Products A. CMAR may submit other manufacturers' products that are in full compliance with the Specification where Specifications list one or more manufacturers followed by the phase "or equal" or "or approved equal." 1. Submit a Shop Drawing as required by this article to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the OPT's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the Shop Drawing. c. The decision of the Designer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the CMAR: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 108 Rev 11/2025 b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 25.10 Requests for Deviation A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 25.11 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the General Conditions - CMAR Corpus Christi Standards 00 72 00 - 109 Rev 11/2025 document submittal or relieve the CMAR from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to CMAR's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g• Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the CMAR may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other General Conditions - CMAR Corpus Christi Standards 007200-110 Rev 11/2025 information provided. The CMAR is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. CMAR is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. CMAR is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.11 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 25.12 Resubmission Requirements A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. General Conditions - CMAR Corpus Christi Standards 007200-111 Rev 11/2025 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the CMAR if the CMAR submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of CMAR. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A set-off will be included in each Application for Payment to pay costs for the additional review by the Owner on a monthly basis. The set-off will be based on invoices submitted to Owner for these services. 5. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the CMAR to an adjustment in Contract Price or an extension of Contract Times. ARTICLE 26 — RECORD DATA 26.01 Work Included A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OAR. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. CMAR's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents require for record purposes. General Conditions - CMAR Corpus Christi Standards 007200-112 Rev 11/2025 26.02 Quality Assurance A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 26.03 CMAR's Responsibilities A. Submit Record Data required by SECTION 00 73 00 SUPPLEMENTARY CONDITIONS in accordance with the Schedule of Documents. B. Include Record Data in the Schedule of Documents required by Article 24 to indicate the Record Data to be submitted, the dates on which documents are to be sent to the OAR for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to CMAR's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OAR; are shown on the Record 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the OAR. Certify that all Record Data has been reviewed by the CMAR and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 26.04 Record Data Requirements A. Include a complete description of the material or equipment to be furnished, including: General Conditions - CMAR Corpus Christi Standards 007200-113 Rev 11/2025 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 26.05 Special Certifications and Reports A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. 26.06 Warranties and Guarantees A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of Final Completion. B. Identify all extended warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for extended warranties if required. C. Provide a copy of all warranties in a separate document in accordance with Article 29. 26.07 Record Data Submittal Procedures A. Submit Record Data through the OAR. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF documents from native format files unless files are only available from scanned documents. b. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. General Conditions - CMAR Corpus Christi Standards 007200-114 Rev 11/2025 c. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. d. Submit color PDF documents where color is required to interpret the Record Data. e. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. f. Flatten markups in documents to prevent markups made by CMAR from being moved or deleted. Flatten documents to allow markup recovery. g. Use software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. h. Add footers to each document with the Project name. 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per Article 12 to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 26.03. 26.08 Designer's Responsibilities A. Record Data will be received and logged as the Project record. General Conditions - CMAR Corpus Christi Standards 007200-115 Rev 11/2025 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. CMAR's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." CMAR is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required, and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required, and the Record Data process will be closed. C. CMAR is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27 — CONSTRUCTION PROGRESS SCHEDULE 27.01 Requirements A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor progress and to relate document processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of documents and the dates when documents must be returned to the CMAR into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. General Conditions - CMAR Corpus Christi Standards 007200-116 Rev 11/2025 E. Schedule Work based upon a six day work week. 27.02 Document Submittal A. Submit Progress Schedules in accordance with Article 24. B. Submit a Baseline Schedule within 10 days after the Effective Date of the Contract. The schedule is to be available at all meetings. C. Submit Progress Schedule updates monthly with Applications for Payment to indicate the progress made on the Project to that date. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 27.03 Schedule Requirements A. Schedule is to be in adequate detail to: 1. Assure adequate planning, scheduling, and reporting during the execution of the Work; 2. Assure the coordination of the Work of the CMAR and the various Subcontractors and Suppliers; 3. Assist in monitoring the progress of the Work; and 4. Assist in evaluating proposed changes to the Contract Times and Project schedule. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. Prepare the schedule using acceptable scheduling software. C. Provide the schedule in the form of a computer -generated critical path schedule which includes Work to be performed on the Project. It is intended that the schedule accomplish the following: 1. Give early warning of delays in time for correction. 2. Provide detailed plans for the execution of the Work in the form of future activities and events in sequential relationships. 3. Establish relationships of significant planned Work activities and provide a logical sequence for planned Work activities. 4. Provide continuous current status information. 5. Allow analysis of the CMAR's program for the completion of the Project. 6. Permit schedules to be revised when the existing schedule is not achievable. 7. Log the progress of the Work as it actually occurs. D. Prepare a time scaled CPM arrow or precedence diagram to indicate each activity and its start and stop dates. 1. Develop Milestone dates and Project completion dates to conform to time constraints, sequencing requirements and Contract completion date. 2. Use calendar day durations while accounting for holidays and weather conditions in the projection of the duration of each activity. 3. Clearly indicate the critical path for Work to complete the Project. General Conditions - CMAR Corpus Christi Standards 007200-117 Rev 11/2025 E. Provide a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The chart is to indicate: 1. Complete sequence of Work by activity; 2. Identification of the activity by structure, location, and type of Work; 3. Chronological order of the start of each item of Work; 4. The activity start and stop dates; 5. The activity duration; 6. Successor and predecessor relationships for each activity; 7. A clearly indicated single critical path; and 8. Projected percentage of completion, based on dollar value of the Work included in each activity as of the first day of each month. F. Provide a schedule incorporating the Schedule of Documents provided in accordance with Article 24 indicating: 1. Specific date each document is to be delivered to the Designer. 2. Specific date each document must be received in order to meet the proposed schedule. 3. Allow a reasonable time to review documents, taking into consideration the size and complexity of the document, other documents being processed, and other factors that may affect review time. 4. Allow time for re -submission of each document. CMAR is responsible for delays associated with additional time required to review incomplete or erroneous documents and for time lost when documents are submitted for products that do not meet Specification requirements. 27.04 Schedule Revisions; Recovery Schedule A. Revise the schedule if it appears that the schedule no longer represents the actual progress of the Work. 1. Submit a written report if the schedule indicates that the Project is more than 14 days behind schedule. The report is to include: a. Number of days behind schedule; b. Narrative description of the steps to be taken to bring the Project back on schedule; and c. Anticipated time required to bring the Project back on schedule. 2. Submit a recovery schedule indicating the action that the CMAR proposes to take to bring the Project back on schedule. The recovery schedule should indicate changes to working hours, working days, crew sizes and equipment required to achieve compliance and the date by which recovery will be accomplished. B. Revise the schedule to indicate any adjustments in Contract Times approved by Modification. General Conditions - CMAR Corpus Christi Standards 007200-118 Rev 11/2025 1. Include a revised schedule with Change Proposals if a change in Contract Times is requested. 2. OPT will deem any Change Proposal that does not have a revised schedule and request for a change in Contract Times as having no impact on the ability of the CMAR to complete the Project within the Contract Times. C. Updating the Project schedule to reflect actual progress is not considered a revision to the Project schedule. D. Applications for Payment may not be recommended for payment without a revised schedule and if required, the report indicating the CMAR's plan for bringing the Project back on schedule. 27.05 Float Time A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the CMAR or Owner. C. Where several subsystems each have a critical path, the subsystem with the longest time of completion is the critical path and float time is to be assigned to other subsystems. D. Contract Times cannot be changed by the submission of a schedule. Contract Times can only be modified by a Change Order or Contract Amendment. E. Schedule completion date must be the same as the Contract completion date. Time between the end of construction and the Contract completion date is float time. ARTICLE 28 — VIDEO AND PHOTOGRAPHIC DOCUMENTATION 28.01 Work Included A. Provide a video recording of the Site prior to the beginning of construction. 1. Record the condition of all existing facilities in or abutting the construction area (right- of-way) including but not limited to streets, curb and gutter, utilities, driveways, fencing, landscaping, etc. 2. Record after construction staking is complete but prior to any clearing. 3. Provide one copy of the recording, dated and labeled to the OAR before the start of construction. Provide additional recording as directed by the OAR if the recording provided is not considered suitable for the purpose of recording pre-existing conditions. B. Furnish an adequate number of photographs of the Site to clearly depict the completed Project. 1. Provide a minimum of ten different views. 2. Photograph a panoramic view of the entire Site. 3. Photograph all significant areas of completed construction. 4. Completion photographs are not to be taken until all construction trailers, excess materials, trash, and debris have been removed. General Conditions - CMAR Corpus Christi Standards 007200-119 Rev 11/2025 5. Employ a professional photographer approved by the OAR to photograph the Project. 6. Provide one aerial photograph of the Site from an angle and height to include the entire Site while providing adequate detail. C. All photographs, video recordings, and a digital copy of this media are to become the property of the Owner. Photographs or recordings may not be used for publication, or public or private display without the written consent of the Owner. 28.02 Quality Assurance A. Provide clear photographs and recordings taken with proper exposure. View photographs and recordings in the field and take new photographs or recordings immediately if photos of an adequate print quality cannot be produced or video quality is not adequate. Provide photographs with adequate quality and resolution to permit enlargements. 28.03 Document Submittal A. Submit photographic documentation as Record Data in accordance with Article 24. B. Submit the video recording as Record Data in accordance with Article 24. 28.04 Photographs A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the OAR. 28.05 Video Recording A. Provide digital format that can be played with Windows Media Player in common format in full screen mode. B. Identify Project on video by audio or visual means. C. Video file size should not exceed 400 MB. D. Video resolution shall be 1080p. E. The quality of the video must be sufficient to determine the existing conditions of the construction area. Camera panning must be performed while at rest, do not pan the camera while walking or driving. Camera pans should be performed at intervals sufficient to clearly view the entire construction area. F. Recording shall be labeled with construction stationing and stationing should be called out, voice recorded, in the video. G. The entire construction area recording shall be submitted at once. Sections submitted separately will not be accepted. H. Pipeline projects should be recorded linearly from beginning to end. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 120 Rev 11/2025 ARTICLE 29 — COMPLETION; CLOSEOUT; CORRECTION PERIOD 29.01 Substantial Completion A. Notify OAR in writing when CMAR considers the entire Work substantially complete and request certification of Substantial Completion. B. Submit documents required by the Contract Documents in accordance with the Schedule of Documents in Article 24. C. OPT is to inspect the Work within 30 days after CMAR's notification to determine if the Work is substantially complete. OAR, within 60 days after receipt of CMAR's notification, is to either certify that the Project is substantially complete, which sets the date of Substantial Completion, or notify CMAR of the reasons the Project is not considered to be substantially complete ("Substantial Completion Punchlist"). Owner's certification of Substantial Completion is not material to the completion of the Work and is not a condition precedent to CMAR's performance under the Contract Documents. D. The OPT and CMAR are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the CMAR's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Responsibility for security, operation, protection of the Work, maintenance, and utilities upon Substantial Completion; 3. CMAR's obligations for operations and maintenance during performance and acceptance testing; 4. CMAR's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1-year correction period. 29.02 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and CMAR agree constitutes a separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with CMAR's performance of the remainder of the Work. 29.03 Final Completion Inspection A. Notify the OAR in writing when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all training has been completed; 4. Specified spare parts and special tools have been provided; and General Conditions - CMAR Corpus Christi Standards 007200-121 Rev 11/2025 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Completion payment within 30 days after the notice is received. C. OAR will notify the CMAR that the Project is complete or will notify the CMAR that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the OAR in writing when Defective Work has been corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. OAR will notify the CMAR that the Project is complete or will notify the CMAR that Work is Defective. E. Submit the Request for Final Completion Payment with the closeout documents described in this Article if notified that the Project is complete and the Work is acceptable. 29.04 Reinspection Fees A. Owner may impose a set-off against the Application for Payment in accordance with the General Conditions to compensate the OPT for additional visits to the Project if additional Work is required. 29.05 Closeout Documents Submittal A. Record Documents per Article 26. B. As -built Record Drawings. C. Warranties and bonds. D. Equipment installation reports on equipment. E. Shop Drawings, Record Data, and other documents as required by the Contract Documents. F. Evidence of continuing insurance and bond coverage as required by the Contract Documents. G. Final Photographs per Article 28. H. Pest Control Report. 29.06 Transfer of Utilities A. If applicable to the Project, transfer utilities to the Owner when the Certificate of Substantial Completion has been issued and the Work has been occupied by the Owner. B. Submit final meter readings for utilities and similar data as of the date the Owner occupied the Work. 29.07 Correction Period A. Promptly correct Defective Work without cost to Owner for one year after the date of Final Completion or, in the event of a latent defect, within one year after discovery thereof by Owner. B. Promptly correct damages to the Site or adjacent areas that CMAR has arranged to use through construction easements or other agreements. Promptly correct damages to the Work or the work of others. Make corrections without cost to Owner. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 122 Rev 11/2025 C. Owner may have the Defective Work and damages corrected if CMAR does not comply with the terms of OAR'S instructions, or in an emergency where delay would cause serious risk of loss or damage. D. CMAR's obligation to indemnify Owner for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. CMAR's obligations under this paragraph are in addition to other obligations or warranties. The provisions of this paragraph are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. 29.08 Warranties, Bonds and Service Agreements A. Provide warranties, bonds, and service agreements required by the Contract Documents. B. The date for the start of warranties, bonds, and service agreements is established per the Contract Documents. C. Compile warranties, bonds, and service agreements and review these documents for compliance with the Contract Documents. 1. Provide a log of all equipment covered under the 1-year correction period specified in the Contract Documents and all products for which special or extended warranties or guarantees are provided. Index the log by Specification Section number on forms provided. Include items below in the tabulation. 2. Provide a copy of specific warranties or guarantees under a tab indexed to the log. Each document is to include: a. A description of the product or Work item; b. The firm name with the name of the principal, address, and telephone number; c. Signature of the respective Supplier or Subcontractor to acknowledge existence of the warranty obligation for extended warranties and service agreements; d. Scope of warranty, bond, or service agreement; e. Indicate the start date for the correction period specified in the Contract Documents for each product and the date on which the specified correction period expires. f. Indicate the start date for extended warranties for each product and the date on which the specified extended warranties period expires. g. Start date, warranty or guarantee period, and expiration date for each warranty, bond, and service agreement; h. Procedures to be followed in the event of a failure; and i. Specific instances that might invalidate the warranty or bond. D. Submit digital copies of the documents to the OAR for review. E. Submit warranties, bonds, and service agreements within 10 days after equipment or components are placed in service. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 123 Rev 11/2025 ARTICLE 30 — TEMPORARY FACILITIES AND CONTROLS 30.01 Work Included A. Provide temporary facilities, including OPT's field office and the CMAR's field offices, storage sheds, and temporary utilities needed to complete the Work if required. B. Install and maintain temporary Project identification signs. Provide temporary on -site informational signs to identify key elements of the construction facilities. Do not allow other signs to be displayed. 30.02 Quality Assurance A. Provide a total electrical heating and cooling system for the OPT's field office capable of maintaining the following conditions: 1. Heating: Minimum 75 degrees ID temp at 10 degrees ambient. 2. Cooling: Minimum 75 degrees ID temp at 105 degrees ambient. 3. Relative humidity: 48 to 54 percent. B. Inspect and test each service before placing temporary utilities in use. Arrange for all required inspections and tests by regulatory agencies and obtain required certifications and permits for use. 30.03 Delivery and Storage A. Arrange transportation, loading, and handling of temporary buildings and sheds. 30.04 Job Conditions A. Locate buildings and sheds at the Site as indicated or as approved by the OPT. B. Prepare the Site by removing trees, brush, or debris and performing demolition or grubbing needed to clear a space adequate for the structures. C. Pay for the utilities used by temporary facilities during construction. D. Provide each temporary service and facility ready for use at each location when the service or facility is first needed to avoid delay in the performance of the Work. Provide OPT's field office complete and ready for occupancy and use within 7 days of the Notice to Proceed. E. Maintain, expand as required, and modify temporary services and facilities as needed throughout the progress of the Work. F. Remove services and facilities when approved by the OAR. G. Operate temporary facilities in a safe and efficient manner. 1. Restrict loads on temporary services or facilities to within their designed or designated capacities. 2. Provide sanitary conditions. Prevent public nuisance or hazardous conditions from developing or existing at the Site. 3. Prevent freezing of pipes, flooding, or the contamination of water. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 124 Rev 11/2025 4. Maintain Site security and protection of the facilities. 30.05 Options A. Construction offices may be prefabricated buildings on skids or mobile trailers. B. Storage sheds may be prefabricated buildings on skids or truck trailers. 30.06 Temporary Field Offices A. The CMAR may be required to furnish the OPT with a field office at the Site. The field office must contain at least 120 square feet of usable space. The field office must be air- conditioned and heated and must be furnished with an inclined table that measures at least 30 inches by 60 inches and two chairs. The CMAR shall move the field office on the Site as required by the OAR. There is no separate pay item for the field office. B. Furnish a field office of adequate size for CMAR's use. Provide conference room space for a minimum of 10 people. C. Other trades may provide their own offices only when space is available at the Site, and the OPT agrees to its size, condition, and location. D. No monthly partial payments will be processed until OPT's field office facilities are completed and approved. 30.07 Temporary Storage Buildings A. Furnish storage buildings of adequate size to store any materials or equipment delivered to the Site that might be affected by weather. 30.08 Temporary Sanitary Facilities A. Provide sanitary facilities at the Site from the commencement of the Project until Project conclusion. Maintain these facilities in a clean and sanitary condition at all times and comply with the requirements of the local health authority. On large sites, provide portable toilets at such locations that no point in the Site shall be more than 600 feet from a toilet. B. Use these sanitary facilities. Do not use restrooms within existing or Owner -occupied buildings. 30.09 Temporary Heat A. Provide heating devices needed to protect buildings during construction. Provide fuel needed to operate the heating devices and attend the heating devices at all times they are in operation, including overnight operations. 30.10 Temporary Utilities A. Provide the temporary utilities for administration, construction, testing, disinfection, and start-up of the Work, including electrical power, water, and telephone. Pay all costs associated with furnishing temporary utilities. 1. Provide a source of temporary electrical power of adequate size for construction procedures. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 125 Rev 11/2025 a. Use existing power systems where spare capacity is available. Provide temporary power connections that do not adversely affect the existing power supply. Submit connections to the OAR for approval prior to installation. b. Provide electrical pole and service connections that comply with Laws and Regulations and the requirements of the power company. 2. Provide telephone service to the Site and install telephones inside the CMAR's and the OPT's field office. 30.11 Water for Construction A. Provide temporary water. Potable water may be purchased from the Owner by obtaining a water meter from the Owner and transporting water from a water hydrant. Non -potable water may be used for hydraulic testing of non -potable basins or pipelines. Include the cost of water in the Contract Price. B. CMAR must comply with the City of Corpus Christi's Water Conservation and Drought Contingency Plan as amended (the "Plan"). This includes implementing water conservation measures established for changing conditions. The OAR will provide a copy of the Plan to CMAR at the pre -construction meeting. The CMAR will keep a copy of the Plan on the Site throughout construction. 30.12 Equipment A. Fire extinguishers: Provide UL rated with class and extinguishing agent as required by locations and classes of fire exposures. 30.13 Location of Temporary Facilities A. Locate temporary facilities in areas approved by the OAR. Construct and install signs at locations approved by the OAR. Install informational signs so they are clearly visible. 30.14 Project Identification and Signs A. If signs are required, the Owner will furnish two Project signs to be installed by the CMAR. The signs must be installed before construction begins and will be maintained throughout the Project period by the CMAR. The locations of the signs will be determined in the field by the OAR. 30.15 Temporary Lighting A. Provide temporary lighting inside buildings once buildings are weatherproof. B. Provide lighting that is adequate to perform Work within any space. Temporary lights may be removed once the permanent lighting is in service. C. Provide portable flood lights at any time that Work will be performed outside the structure at night. Provide adequate lighting at any location Work is being performed. 30.16 Drinking Water A. Provide all field offices with potable water. Provide a dispenser and cooling apparatus if bottled drinking water is provided. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 126 Rev 11/2025 B. Pay for water services and maintain daily. 30.17 Construction Fence A. Install and maintain a construction fence around the Site and off -site storage yards. Fence must be a minimum 6 feet high chain link construction unless shown otherwise. Provide gates with padlocks. 30.18 Removal of Temporary Facilities A. Remove temporary buildings, sheds, and utilities at the conclusion of the Project and restore the Site to original condition or finished in accordance with the Drawings. B. Remove informational signs upon completion of construction. C. Remove Project identification signs, framing, supports, and foundations upon completion of the Project. 30.19 Maintenance and Janitorial Service A. Provide janitorial service (sweeping/mopping) for the OPT's field office on a weekly basis or as requested. Empty trash receptacles daily or as needed. B. Maintain signs and supports in a neat, clean condition. Repair damage to structures, framings, or signs. C. Repair any damage to Work caused by placement or removal of temporary signage. D. Service, maintain, and replace, if necessary, the OPT's field office computer equipment throughout the Project as required by the OPT including replacement cartridges for all office equipment. ARTICLE 31— TEMPORARY CONTROLS 31.01 Work Included A. Provide labor, materials, equipment, and incidentals necessary to construct temporary facilities to provide and maintain control over environmental conditions at the Site. Remove temporary facilities before the end of the Project when no longer needed to support daily construction operations. B. Construct temporary impounding works, channels, diversions, furnishing and operation of pumps, installing piping and fittings, and other construction for control of conditions at the Site. Remove temporary controls at the end of the Project. C. Provide a Storm Water Pollution Prevention Plan (SWPPP) as required by Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 for stormwater discharges from construction activities as applicable to the nature and size of the Project. Comply with all requirements of the Texas Commission on Environmental Quality (TCEQ) and Laws and Regulations. File required legal notices and obtain required permits prior to beginning any construction activity. D. Provide labor, materials, equipment, and incidentals necessary to prevent stormwater pollution for the duration of the Project. Provide and maintain erosion and sediment control General Conditions - CMAR Corpus Christi Standards 00 72 00 - 127 Rev 11/2025 structures as required to preventive sediment and other pollutants from the Site from entering any stormwater system including open channels. Remove pollution control structures when no longer required to prevent stormwater pollution. 31.02 Quality Assurance A. Construct and maintain temporary controls with adequate workmanship using durable materials to provide effective environmental management systems meeting the requirements of the Contract Documents and Laws and Regulations. Use materials that require minimal maintenance to prevent disruption of construction activities while providing adequate protection of the environment. B. Periodically inspect systems to determine that they are meeting the requirements of the Contract Documents. 31.03 Document Submittal A. Provide documents requiring approval by the OPT as Shop Drawings in accordance with Article 25. B. Provide copies of notices, records, and reports required by the Contract Documents or Laws and Regulations as Record Data in accordance with Article 26. 31.04 Standards A. Provide a SWPPP that complies with all requirements of TPDES General Permit No. TXR150000 and any other applicable Laws and Regulations. B. Perform Work to comply with the City of Corpus Christi Code of Ordinances, Part III, Chapter 14, Article X - titled "STORM WATER QUALITY MANAGEMENT PLANS" and any other applicable Laws and Regulations. 31.05 Permits A. As applicable, submit the following to the TCEQ and the Operator of any Municipal Separate Storm Sewer System (MS4) receiving stormwater discharges from the Site: 1. Notice of Intent (NOI) at least 48 hours prior to beginning construction activity. Construction activity may commence 24 hours after the submittal of an electronic NOI. 2. Notice of Change (NOC) letter when relevant facts or incorrect information was submitted in the NOI, or if relevant information in the NOI changes during the course of construction activity. 3. Notice of Termination (NOT) when the construction Project has been completed and stabilized. B. Post a copy of the NOI at the Site in a location where it is readily available for viewing by the general public and as required by Laws and Regulations prior to starting construction activities and maintain the posting until completion of the construction activities. C. Maintain copies of a schedule of major construction activities, inspection reports, and revision documentation with the SWPPP. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 128 Rev 11/2025 31.06 Stormwater Pollution Control A. Comply with the current requirements of TPDES General Permit as set forth by the TCEQ for the duration of the Project as applicable to the nature of the work and the total disturbed area: 1. Develop a SWPPP meeting all requirements of the TPDES General Permit. 2. Submit a Notice of Intent to the TCEQ. 3. Develop and implement appropriate Best Management Practices as established by local agencies of jurisdiction. 4. Provide all monitoring and/or sampling required for reporting to the TCEQ. 5. Submit reports to the TCEQ as required as a condition of the TPDES General Permit. 6. Submit copies of the reports as Record Data in accordance with Article 26. 7. Retain copies of these documents at the Site at all times for review and inspection by the OPT or regulatory agencies. Post a copy of the permit as required by Laws and Regulations. 8. Assume sole responsibility for implementing, updating, and modifying the TPDES General Permit per Laws and Regulations for the SWPPP and Best Management Practices. B. Use forms required by the TCEQ to file the Notice of Intent. Submit the Notice of Intent at least two days prior to the start of construction. Develop the SWPPP prior to submitting the Notice of Intent. Provide draft copies of the Notice of Intent, SWPPP, and any other pertinent TCEQ submittal documents to Owner for review prior to submittal to the TCEQ. C. Return any property disturbed by construction activities to either specified conditions or pre - construction conditions as set forth in the Contract Documents. Provide an overall erosion and sedimentation control system that will protect all undisturbed areas and soil stockpiles/spoil areas. Implement appropriate Best Management Practices and techniques to control erosion and sedimentation and maintain these practices and techniques in effective operating condition during construction. Permanently stabilize exposed soil and fill as soon as practical during the Work. D. Assume sole responsibility for the means, methods, techniques, sequences, and procedures for furnishing, installing, and maintaining erosion and sedimentation control structures and procedures and overall compliance with the TPDES General Permit. Modify the system as required to effectively control erosion and sediment. E. Retain copies of reports required by the TPDES General Permit for three years from date of Final Completion. 31.07 Pollution Control A. Prevent the contamination of soil, water, or atmosphere by the discharge of noxious substances from construction operations. Provide adequate measures to prevent the creation of noxious air -borne pollutants. Prevent dispersal of pollutants into the atmosphere. Do not dump or otherwise discharge noxious or harmful fluids into drains or sewers, nor allow noxious liquids to contaminate public waterways in any manner. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 129 Rev 11/2025 B. Provide equipment and personnel and perform emergency measures necessary to contain any spillage. 1. Contain chemicals in protective areas and do not dump on soil. Dispose of such materials at off -site locations in an acceptable manner. 2. Excavate contaminated soil and dispose at an off -site location if contamination of the soil does occur. Fill resulting excavations with suitable backfill and compact to the density of the surrounding undisturbed soil. 3. Provide documentation to the Owner which states the nature and strength of the contaminant, method of disposal, and the location of the disposal site. 4. Comply with Laws and Regulations regarding the disposal of pollutants. C. Groundwater or run-off water which has come into contact with noxious chemicals, sludge, or sludge -contaminated soil is considered contaminated. Contaminated water must not be allowed to enter streams or water courses, leave the Site in a non -contained form, or enter non -contaminated areas of the Site. 1. Pump contaminated water to holding ponds constructed by the CMAR for this purpose, or discharge to areas on the interior of the Site, as designated by the OAR. 2. Construct temporary earthen dikes or take other precautions and measures as required to contain the contaminated water and pump to a designated storage area. 3. Wash any equipment used for handling contaminated water or soil within contaminated areas three times with uncontaminated water prior to using such equipment in an uncontaminated area. Dispose of wash water used to wash such equipment as contaminated water. 31.08 Earth Control A. Remove excess soil, spoil materials, and other earth not required for backfill at the time of generation. Control stockpiled materials to eliminate interference with CMAR and Owner's operations. B. Dispose of excess earth off the Site. Provide written approval from the property owner for soils deposited on private property. Obtain approval of the Owner if this disposal impacts the use of Site or other easements. 31.09 Ozone Advisory Days A. Do not conduct roofing, priming, or hot -mix paving operations, except for repairs, on days the City Engineer has notified CMAR that an ozone advisory is in effect. An extension of time will be allowed for each day for which priming or hot mix paving was scheduled, crews were prepared to perform this Work and the City Engineer issued ozone alert prevents this Work. 31.10 Management of Water A. Manage water resulting from rains or ground water at the Site. Maintain trenches and excavations free of water at all times. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 130 Rev 11/2025 B. Lower the water table in the construction area by acceptable means if necessary to maintain a dry and workable condition at all times. Provide drains, sumps, casings, well points, and other water control devices as necessary to remove excess water. C. Provide continuous operation of water management actions. Maintain standby equipment to provide proper and continuous operation for water management. D. Ensure that water drainage does not damage adjacent property. Divert water into the same natural watercourse in which its headwaters are located, or other natural stream or waterway as approved by the Owner. Assume responsibility for the discharge of water from the Site. E. Remove the temporary construction and restore the Site in a manner acceptable to the OAR and to match surrounding material at the conclusion of the Work. 31.11 Dewatering A. This item is considered subsidiary for all dewatering methods other than "well pointing" to the appropriate items where dewatering is needed to keep the excavation dry and shall include all costs to provide a dry foundation for the proposed improvements. B. Storm water that enters an excavation can be pumped out as long as care is taken to minimize solids and mud entering the pump suction and flow is pumped to a location that allows for sheet flow prior to entering a storm water drainage ditch or storm water inlet. C. An alternative to sheet flow is to pump storm water to an area where ponding occurs naturally without leaving the designated work area or by a manmade berm(s) prior to entering the storm water system. Sheet flow and ponding is to allow solids screening and/or settling prior to entering a storm water conduit or inlet. D. Storm water or groundwater shall not be discharged to private property without permission. It is the intent that CMAR discharges groundwater primarily into the existing storm water system, provided that the quality of groundwater is equal to or better than the receiving stream. E. Testing of groundwater quality is to be performed by the CMAR, at the CMAR's expense, prior to commencing discharge and shall be retested by the CMAR, at the CMAR's expense, a minimum of once a week. CMAR shall coordinate with the Owner on all testing. Tests will also be performed as each new area of construction is started. F. Another option for disposal of groundwater by CMAR would include pumping to the nearest wastewater system. If discharging to temporary holding tanks and trucking to a wastewater or wastewater plant, the costs for these operations shall be negotiated. Other groundwater disposal alternatives or solutions may be approved by the OAR on a case by case basis. G. Prior to pumping groundwater from a trench to the wastewater system the CMAR shall contact Wastewater Pre-treatment Coordinator at 361-826-1817 to obtain a "no cost" permit from Corpus Christi Water. CMAR will pay for any water quality testing or water analysis cost required. The permit will require an estimate of groundwater flow. Groundwater flow can be estimated by boring a hole or excavating a short trench then record water level shortly after completion, allow to sit overnight, record water level again, pump hole or trench dry to a holding tank or vacuum truck then record how long it takes to fill to original level and overnight level. General Conditions - CMAR Corpus Christi Standards 007200-131 Rev 11/2025 31.12 Disposal of Highly Chlorinated or Contaminated Water A. Dispose of water used for testing, disinfection, and line flushing. Comply with Owner's requirements and Laws and Regulation regarding the disposal of contaminated water, including water with levels of chlorine, which exceed the permissible limits for discharge into wetlands or environmentally sensitive areas. Comply with the requirements of all regulatory agencies in the disposal of all water used in the Project. Do not use the Owner's wastewater system for disposal of contaminated water. 31.13 Windstorm Certification A. All affected materials and installation shall comply with Texas Department of Insurance Requirements for windstorm resistant construction for design wind speed as required by the current version of the International Building Code (IBC). When applicable, CMAR shall be responsible for contracting with a licensed structural engineer in the State of Texas to perform all inspections and provide documentation for windstorm certification to the Texas Board of Insurance. The CMAR shall coordinate windstorm inspections and be responsible for providing all necessary design/assembly documentation for all new windows, doors, louvers, etc. to the windstorm engineer/inspectors required to conform with the requirements of the Texas Department of Insurance. 31.14 Constructing, Maintaining and Removing Temporary Controls A. Construct temporary controls in accordance with Laws and Regulations. B. Maintain controls in accordance with regulatory requirements where applicable, or in accordance with the requirements of the Contract Documents. C. Remove temporary controls when no longer required, but before the Project is complete. Correct any damage or pollution that occurs as the result of removing controls while they are still required. ARTICLE 32 — MISCELLANEOUS 32.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Sunday or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or Final Completion are specified in lieu of identifying the number of days involved. 32.02 Owner's Right to Audit CMAR's Records A. By execution of the Contract, CMAR grants Owner the right to audit, examine, inspect and/or copy, at Owner's election at all reasonable times during the term of this Contract and for a period of four years following the completion or termination of the Work, all of CMAR's written and electronically stored records and billings relating to the performance of the Work under the Contract Documents. The audit, examination or inspection may be performed by General Conditions - CMAR Corpus Christi Standards 00 72 00 - 132 Rev 11/2025 an Owner designee, which may include its internal auditors or an outside representative engaged by Owner. CMAR agrees to retain its records fora minimum of four years following termination of the Contract, unless there is an ongoing dispute under the Contract, then, such retention period must extend until final resolution of the dispute. As used in these General Conditions, "CMAR written and electronically stored records" include any and all information, materials and data of every kind and character generated as a result of the work under this Contract. Examples of CMAR written and electronically stored records include, but are not limited to: accounting data and reports, billings, books, general ledgers, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, Subcontractor agreements, Supplier agreements, rental equipment proposals, federal and state tax filings for any issue in question, along with any and all other agreements, sources of information and matters that may, in Owner's sole judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Documents. B. Owner agrees to exercise the right to audit, examine or inspect CMAR's records only during regular business hours. CMAR agrees to allow Owner and/or Owner's designee access to all of the CMAR's Records, CMAR's facilities, and current or former employees of CMAR, deemed necessary by Owner or its designee(s), to perform such audit, inspection or examination. CMAR also agrees to provide adequate and appropriate work space necessary for Owner or its designees to conduct such audits, inspections or examinations. C. CMAR must include this Paragraph 32.02 in any Subcontractor, supplier or vendor contract. 32.03 Independent CMAR A. CMAR is to perform its duties under this Contract as an independent contractor. The CMAR's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting CMAR's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership or formal business organization of any kind. 32.04 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or CMAR by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 32.04 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 133 Rev 11/2025 32.05 Limitation of Damages A. Owner is not liable to CMAR for claims, costs, losses or damages sustained by CMAR's Team associated with other projects or anticipated projects. B. Owner and CMAR each waive claims against the other for consequential, incidental or special damages arising out of contract, tort or any other basis EXCEPT damages arising out of the gross negligence, fraud or intentional misconduct of the other party. Damages or costs incurred by Owner to the extent such are covered by any contractually required insurance policy related to the Project or when the insurance is willing to cover such damages, damages covered by, arising out of or related to the indemnification obligations with respect to third - party claims set forth in the Contract Documents, or the CMAR's obligation to pay liquidated damages set forth in the Contract Documents are outside of this waiver. 32.06 No Waiver A. The failure of Owner to enforce any provision of this Contract does not constitute a waiver of that provision or affect the enforceability of that provision or the remainder of this Contract. 32.07 Severability A. Any word, provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining words and provisions shall continue to be valid and binding upon Owner and CMAR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 32.08 Survival of Obligations A. Representations, indemnifications, warranties, guarantees and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 32.09 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and CMAR. Neither the Owner nor CMAR intends to create third party beneficiaries by entering into this Contract. 32.10 Assignment of Contract A. This Contract may not be assigned in whole or in part by the CMAR without the prior written consent of the Owner. 32.11 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. B. This Contract is to perform a governmental function solely for the public benefit. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 134 Rev 11/2025 32.12 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County, Texas. 32.13 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, CMAR will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. 32.14 Waiver of Trial by Jury A. Owner and CMAR agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 32.15 Attorney Fees A. The Parties expressly agree that, in the event of litigation, all parties waive rights to payment of attorneys' fees that otherwise might be recoverable, pursuant to the Texas Civil Practice and Remedies Code Chapter 38, Texas Local Government Code §271.153, the Prompt Payment Act, common law or any other provision for payment of attorney's fees. 32.16 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. B. No qualified person shall on the basis of race, color, religion, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. C. Comply with all applicable federal, state and city laws, rules and regulations. D. CMAR verifies that it does not boycott Israel and will not boycott Israel; does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association; and does not boycott energy companies and will not boycott energy companies during the term of this Contract. E. Each applicable provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein, and the Contract shall be read and enforced as though each were physically included herein. General Conditions - CMAR Corpus Christi Standards 00 72 00 - 135 Rev 11/2025 32.17 Enforcement A. The City Manager or designee and the City Attorney or designee are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 32.18 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason, funds are not appropriated in any given year, the Owner may direct immediate suspension or termination of the Contract with no additional liability to the Owner. If the CMAR is terminated or suspended and the Owner requests remobilization at a later date, the CMAR may request payment for reasonable demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 32.19 Contract Price A. The Contract Price is stated in the Contract and, including authorized adjustments, is the total maximum not -to -exceed amount payable by Owner to CMAR for performance of the Work under the Contract Documents. CMAR accepts and agrees that all payments pursuant to this Contract are subject to the availability and appropriation of funds by the Corpus Christi City Council. If funds are not available and/or appropriated, this Contract shall immediately be terminated with no liability to any party to this Contract. 32.20 CMAR's Guarantee as Additional Remedy A. The CMAR's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release or relinquish any rights or remedies available to the Owner for any claims or causes of action against the CMAR or any other individual or entity. 32.21 Notices. A. Any notice required to be given to Owner under any provision in this Contract must include a copy to OAR by mail or e-mail. B. Strict compliance is required for all notice provisions in the Contract Documents. 32.22 Public Information A. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Contract, and CMAR agrees that the Contract can be terminated if CMAR knowingly or intentionally fails to comply with a requirement of that subchapter. END OF SECTION General Conditions - CMAR Corpus Christi Standards 00 72 00 - 136 Rev 11/2025 AC b® CERTIFICATE OF LIABILITY INSURANCE DATE 1(MM/DDs (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Arthur J. Gallagher Risk Management Services, LLC 595 Market Street Suite 2100 San Francisco CA 94105 License#: OD69293 CONTACT NAME: PHONE FAX (A/C, No, Ext): 415-391-1500 (A/C, No): 415-391-1882 ADDRESS: CertRequests@ajg.com INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED GARNCOM-02 Garney Holding Company/Garney Companies, Inc./ Garney Construction/Garney Pacific, Inc./Garney Federal, Inc, 1700 Swift Street, Suite 200 North Kansas City MO 64116 INSURER B : Travelers Property Casualty Co of America 25674 INSURER c : XL Insurance America, Inc. 24554 INSURER D : Starr Indemnity & Liability Company 38318 INSURER E : Steadfast Insurance Company 26387 INSURER F : COVERAGES CERTIFICATE NUMBER: 1871576605 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y TB2641426942725 10/1/2025 10/1/2026 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RETED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE X LIMIT APPLIES Ter- PER: LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y AS2641426942715 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ 5,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C D X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y Y US00143952L125A 1000588640251 10/1/2025 10/1/2025 10/1/2026 10/1/2026 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENT ON $ Each Occ/Aggregate $ 5,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIA Y WA264D426942735 10/1/2025 10/1/2026 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B E Inland Marine Professional Liability Pollution Liability Y Y Y Y QT6301L164501TIL25 E0C186212600 10/1/2025 10/1/2025 10/1/2026 10/1/2026 Leased/Rented Equip. Ea. Claim-Occ./Agg. Ea. Claim-Occ./Agg. $3,000,000 $10,000,000 $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Garney Job #7540/7541 RE: Evangeline/San Patricio Groundwater Program 27100 ADDITIONAL INSURED(S): Owner, E-H Partnership, Ltd, Hamilton -Ingleside Limited, Diana Welder Hamilton Ranch Partnership, Ltd, Prosperity Bank as Executor of the Estate of Oakes David Edwards, Jr, Deceased and Trustee of the Edwards 1976 Trust "A", and R.H. Welder Heirs, Ltd as additional insureds on all policies with the exception of the workers' compensation policy and Design -Builder's professional liability policy CERTIFICATE HOLDER CANCELLATION City of Corpus Christi 1201 Leopard Street, 5th Floor Corpus Christi TX 78401--;.� I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AI: (1,4-i ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Location(s) Of Covered Operations Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) Or Organization(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Location And Description Of Completed Operations Any location listed in such agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG20011219 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the Definitions sec- tion is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured con- tract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another SCHEDULE Scheduled Railroad: Any railroad for which you are performing operations and for which no Railroad Protective Liability Policy has been purchased for the railroad by you, or any railroad for which "your work" has been completed or put to its intended use. party to pay for "bodily injury" or "property dam- age" to a third person or organization. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or fail- ing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph (1) above and supervisory, in- spection, architectural or engineering activi- ties. Designated Job Site: All jobsites. (If no entry appears above, information required to complete as applicable to this endorsement.) this endorsement will be shown in the Declarations CG 2417 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG 20 11 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and Designation Of Premises (Part Leased To You): 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. SCHEDULE Where required by contract or written agreement, prior to an "occurrence" or offense, to provide additional insured status Name Of Person(s) Or Organization(s) (Additional Insured): All person(s) or organization(s) leasing premises to you where required by written contract or agreement entered into prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 11 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG 20 28 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations leasing equipment to you. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 28 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2641426942725 COMMERCIAL GENERAL LIABILITY CG20121219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Where required by contract or written agreement, prior to an "occurrence" or offense, to provide additional insured status Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 12 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY TB2641426942725 CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "insured contract" in the Definitions sec- tion is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured con- tract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another Scheduled Railroad: Union Pacific Railroad Company (If no entry appears above, information as applicable to this endorsement.) party to pay for "bodily injury" or "property dam- age" to a third person or organization. Tort li- ability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or fail- ing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in Paragraph (1) above and supervisory, in- spection, architectural or engineering activi- ties. SCHEDULE Designated Job Site: Union Pacific Railroad Company Property required to complete this endorsement will be shown in the Declarations CG24171001 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: AS2641426942715 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number:AS2641426942715 Issued by:Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: AS2641426942715 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in Kentucky. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Where required by contract or written agreement prior to loss and allowed by law. In the states of Alabama, Arizona, Arkansas, Colorado, District of Columbia, Georgia, Indiana, Kansas, New Mexico, Oklahoma, South Carolina, Tennessee, Vermont and West Virginia, the premium charge is 0% of the total manual premium, subject to a minimum premium of $0 per policy. In the state of North Carolina, the premium charge is 2% of the total manual premium, subject to a minimum premium of $100 per policy. In the state of Virginia, the premium charge is 5% of the total manual premium, subject to a minimum premium of $250 per policy. In the states of Florida, Iowa, Maryland, Mississippi, and Nebraska, the premium charge is 1% of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Hawaii, the premium charge is $250 and determined as follows: The premium charge for this endorsement is 1 % of the total manual premium, subject to a minimum premium of $250 per policy. In the state of Louisiana, the premium charge is 2% of the total standard premium, subject to a minimum premium of $250 per policy. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WA264D426942735 Issued to Garney Companies, Inc. WC 00 03 13 Ed. 04/01/1984 Effective Date Premium $ © 1983 National Council on Compensation Insurance. Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule_ The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250 per policy Person or Organization Where required by contract or written agreement prior to Toss and allowed by law. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No. WA264D426942735 Issued to Garney Companies, Inc. Job Description Effective Date Premium $ WC 04 03 06 Page 1 of 1 Ed: 04/1984 POLICY NUMBER: QT6301L164501TIL25 COMMERCIAL INLAND MARINE their financial interest in the Covered Prop- erty. 4. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. 5. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all the terms of this Coverage Part and: a. We have reached agreement with you on the amount of the loss; or b. An appraisal award has been made. 6. We will not be liable for any part of a loss that has been paid or made good by others. F. Other Insurance 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In- surance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. G. Pair, Sets Or Parts 1. Pair Or Set In case of loss or damage to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or b. Pay the difference between the value of the pair or set before and after the loss or damage. 2. Parts In case of loss or damage to any part of Cov- ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be re- turned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to re- pair the recovered property, subject to the Limit of Insurance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or damage of a scheduled item, in which event we will refund the unearned premium on that item. J. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 1 Prior to a loss to your Covered Property. 2. After a loss to your Covered Property only if, at time of loss, that party is one of the follow- ing: a. Someone insured by this insurance; or b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, intentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. Page 2 of 3 CM 00 01 09 04 Policy No. E0C186212600 up to a maximum of $25,000 per proceeding, subject to a maximum of $50,000 per Policy Period and provided that any such proceeding must result from Professional Services rendered on or after the Coverage A.1. Professional Liability Retroactive Date, and is: a. first commenced against the Insured during the Policy Period; and b. reported to us in writing during the Policy Period and before any legal expenses have been incurred. D. Public Relations Assistance We shall reimburse you for the Public Relations Expenses that you incur in connection with a Crisis Event first occurring during the Policy Period and reported to us pursuant to Subsection VI.D.2. Our maximum liability under Section II. Supplementary Payments for all covered Public Relations Expenses combined will be subject to the Public Relations Assistance Limit of Liability shown in the Declarations. A Crisis Event occurs when you first become aware of the Crisis Event. E. Bankruptcy Litigation Expenses We shall reimburse the Insured up to a maximum of $25,000 per Claim, subject to a maximum of $50,000 per Policy Period, for the reasonable and necessary legal fees, costs, and expenses incurred by the Insured in filing a motion to seek relief from a bankruptcy stay with respect to a Design Professional as part of a Protective Claim against that Design Professional. III. DEFINITIONS When used in this policy, the following terms, whether in the singular or plural, are defined as follows: A. Additional Insured means, solely with respect to Coverage C.1. Contractor's Pollution Liability, any person or organization that is required to be added as an Insured on this policy by written contract or written agreement executed with the Insured prior to a known Pollution Event as a result of the performance of Covered Operations that are the subject of such written contract or written agreement. B. Automobile means a land motor vehicle, trailer, or semi -trailer designed for travel on public roads, including any machinery or apparatus attached thereto. C. Bodily Injury means physical injury, sickness, disease, or death sustained by any person, including mental anguish, emotional distress, and costs for medical monitoring, but only when such mental anguish, emotional distress, and costs for medical monitoring are a direct result of physical injury, including physical injury to tangible property. D. Carrier means any person or organization that is properly licensed to transport Materials by Automobile, Vessel, aircraft, or rolling stock, including the Insured and any other person or organization, pursuant to written contract or written agreement, that transports such Materials on behalf of the Insured. E. Circumstance means: 1. an event reported to us during the Policy Period in compliance with Subsection VI.E. Notice of Circumstance, which the Insured could reasonably expect to result in a Claim; and 2. all proceedings reported to us during the Policy Period in compliance with Subsection II.A. Pre -Claims Assistance. F. Claim means: 1. under Coverage A.1., a Professional Liability Claim; 2. under Coverage A.2., a Rectification Claim; 3. under Coverage B., a Protective Claim; 4. under Coverages C.1.a., b., c. and Subsection I.C.1.e., a Contractor's Pollution Liability Claim; 5. under Coverage C.1.d., a Time Element Claim; or 6. under Coverage C.2., a Mitigation Claim. G. Claim Expenses means reasonable and necessary fees, costs, and expenses resulting from the investigation, adjustment, defense, and appeal of a Claim: 1. charged by an attorney designated by: a. us; or STF-CPP-100-E CW (06/24) Page7of26 Policy No. E0C186212600 G. Other Insurance 1. Except as specifically provided in Subsection IX.G.2. below, this policy is excess over any other applicable insurance available to the Insured, including but not limited to project -specific policies or wrap-up policies, whether such other insurance is shown to be primary, pro-rata, contributory, excess, contingent, self -insured, or otherwise, unless such other insurance is written specifically excess of this policy by reference in such other policy to this policy number. a. When this policy is excess under this Subsection IX.G.1., neither payments by the Insured to satisfy a Self -Insured Retention or Deductible applicable to any underlying policy nor payments by the underlying insurer will apply toward satisfaction of the Self -Insured Retention under this policy. b. When this policy is excess under this Subsection IX.G.1. for a claim arising out of Professional Services, coverage under Coverage A.2. Rectification will not be available to the Insured. c. When this policy is specifically written as excess over another insurance policy, Section II. Supplementary Payments will not be available to the Insured. d. This policy will apply specifically as excess over any project -specific insurance policy subject to its limitations, conditions, provisions, and other terms; provided, however, unless specifically endorsed, this excess coverage will not be broader than the project -specific insurance policy and will not function as Difference in Conditions coverage. 2. Insurance provided under Coverage C.1. Contractor's Pollution Liability is primary and non-contributory unless: a. an endorsement states that the coverage is excess or contingent upon the absence of other insurance; b. any other insurance is available to cover liability for any Loss arising out of the premises or operations for which the Insured has been added as an additional insured on another policy; c. other insurance is provided for Transportation under Coverage C.1.b. Transportation or non -owned disposal sites under Coverage C.1.c. Non -Owned Disposal Sites; d. the Insured is not required by written contract or written agreement to provide insurance for an Additional Insured under Subsection I.C.1.e. Additional Insured on a primary basis; or e. another insurance policy, in force prior to this Policy Period, is available to the Insured for any Loss or Claim Expenses also covered under the terms and conditions of this policy, even if the other insurance policy does not provide coverage in whole or in part for the Loss or Claim Expenses. The insurance provided under Coverage C.2. Mitigation is primary. The coverage under Coverage C.2. Mitigation will not be available to the Insured on an excess basis. 3. When this policy is excess under Subsection IX.G.1. or Subsection IX.G.2. above and any other insurance has a duty to defend the Insured in a matter for which the Insured has notified us of a Claim, regardless of whether that other insurance covers the same Claim Expenses, Damages, or Loss, we shall have no duty to defend the Claim until the limits of all the other insurance have been exhausted by payment of Claims. If no other insurer defends and we have a duty to defend the Claim, then we shall undertake the defense, but we shall be entitled to the Insured's rights against all other insurers. When this insurance is excess over other insurance, we shall pay only our share of the amount of the Claim Expenses, Damages, or Loss, if any, that exceeds the sum of: a. the total amount that all such other insurance would pay for the Claim Expenses, Damages, or Loss in the absence of this insurance; and b. the total of all Deductible and Self -Insured Retention amounts under all the other insurance. 4. When this insurance and other insurance apply to any payment on the same basis, whether primary, excess, or otherwise, we shall not be liable under this policy for a greater proportion of any payment than set out in the Limits of Liability or the following contribution provision, whichever is lower: a. Contribution by equal shares: Under this approach, each insurer contributes equal amounts until it has paid its applicable limit or all of the payments have been paid, whichever occurs first; or STF-CPP-100-E CW (06/24) Page 24 of 26 Policy No. E0C186212600 Except with respect to the applicable Limit(s) of Liability and any rights or duties specifically assigned to the Insured, this insurance applies separately to each Insured against which a Claim is made. Misrepresentation, concealment, breach of condition, or violation of any duty under this policy by one Insured will not prejudice the interests of or coverage afforded to another Insured under this policy. K. Sole Agent If there is more than one (1) Named Insured in this policy, then the Named Insured that is listed in the Declarations shall act on behalf of all Insureds for all purposes, including but not limited to the payment or return of premium, responsibility for payment of any Self -Insured Retention, receipt and acceptance of any endorsement issued to form a part of this policy, complying with all applicable claims provisions, giving and receiving notice of cancellation or nonrenewal, and the exercise of the rights provided in the Automatic Extended Reporting Period, Optional Extended Reporting Period, if applicable, or Subsection IX.L. Subrogation. L. Subrogation In the event of any payment under this policy, we shall be subrogated to all the Insureds' rights of recovery against any person or organization, and the Insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insureds shall do nothing to prejudice such rights. We shall not exercise any such rights against any person(s), firm(s) or corporation(s) included in the definition of Insured, against the Insured's clients, or as may be required by a written contract or agreement if, prior to the Claim, the Insured contractually agreed to or entered into a legally enforceable waiver of subrogation. For any recovery obtained through subrogation, after expenses incurred in such subrogation are deducted by the party bearing the expense, reimbursement will be made in the following order: 1. First, to any interest who has paid any amount in excess of the Limits of Liability provided under this policy; 2. Next, to us; and 3. Then to any interests as are entitled to claim the remainder, if any. M. Policy Territory Coverage under this policy will extend to Claims, Wrongful Acts, Pollution Events taking place, and Damages or Loss incurred anywhere in the world, where permitted by applicable law. All premiums, Limits of Liability, Self -Insured Retentions, Claim Expenses, Cleanup Costs, Damages, Loss, Mitigation Costs and Expenses, Protective Claim Attorneys' Fees and Expenses, and Rectification Costs and Expenses and any other amounts paid under this policy are expressed and payable in the currency of the United States of America. If judgment is rendered, settlement is denominated, or another element of Damages or Loss under this policy is shown in a currency other than United States dollars, payment under this policy will be made in United States dollars at the rate of exchange published in The Wall Street Journal on the date the final judgment is reached, the amount of the settlement is agreed upon, or the other element of Damages or Loss are due, respectively, or, if not published on such date, the next date of publication of The Wall Street Journal. STF-CPP-100-E CW (06/24) Page 26 of 26