HomeMy WebLinkAboutC2026-068 - 5/12/2026 - Approved 00 52 27 CONSTRUCTION MANAGER-AT-RISK AGREEMENT
This Agreement is between the City of Corpus Christi (Owner) and Reytec Construction Resources, Inc
(CMAR), Effective May 12, 2026.
Owner and CMAR agree as follows:
ARTICLE1—Work..........................................................................................................................................3
ARTICLE 2—Owner Representative and Designer........................................................................................3
ARTICLE 3—General Scope of Work.............................................................................................................3
3.01 General....................................................................................................................................3
3.02 Documents Furnished by Owner.............................................................................................4
3.03 Time is of the Essence.............................................................................................................4
ARTICLE4—Contract Price............................................................................................................................5
4.01 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...............................6
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..............................................................11
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
10.01 The CMAR makes the following representations:.................................................................16
ARTICLE 12—Contract Documents and Order of Precendence..................................................................17
ARTICLE 13—Contract Document Signatures.............................................................................................19
Construction Manager-At-Risk Agreement 00 52 27-2
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
ARTICLE 1—WORK
1.01 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:
Construction Manager At Risk for Corpus Christi Water Reclaimed Water for Industrial Reuse
25018
ARTICLE 2—OWNER REPRESENTATIVE AND DESIGNER
2.01 The Owner's Authorized Representative or OAR for this Project is:
Joseph Johnson,Assistant Director of Engineering Services—Construction Management
City of Corpus Christi—Engineering Services
4917 Holly Road, Building No. 5
Corpus Christi,Texas 78411
aosephi2@cctexas.com
2.02 The Designer for this Project is:
Ardurra Group, Inc
801 Navigation Blvd,Suite 300
Corpus Christi,Texas 78408
ARTICLE 3—GENERAL SCOPE OF WORK
3.01 General
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
Construction Manager-At-Risk Agreement 00 52 27-3
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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 architectural and/or engineering firm(s) to perform
professional design services identified in Section 2.02 of this Agreement. 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 Documents Furnished by Owner
Owner makes no representation or warranty as to the accuracy, completeness or sufficiency of any
document furnished by Owner to CMAR prior to execution of the Agreement. CMAR may rely upon
professionally produced products contracted by Owner but only to the extent that the product was
produced for a specific purpose. CMAR shall, as part of the Phase 1 services, independently verify and
confirm the accuracy, completeness and sufficiency of any documents furnished by Owner and shall
promptly report in writing to Owner any error, omission or insufficiency in such documents that CMAR
discovers. CMAR shall have no right to seek any adjustment to Contract Price or Contract Times as the
result of any error,omission or insufficiency relating to any information provided to CMAR by or on behalf
of Owner in connection with the Contract Documents.
3.03 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
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.
Construction Manager-At-Risk Agreement 00 52 27-4
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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
GMP 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 GMP for 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 Section Article 5, subject to such
adjustment only as provided by the terms of the Contract and payable as set forth in
this Agreement.
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 shall be subject
to a Guaranteed Maximum Price. To the extent that the Construction Phase consists of
multiple Work Packages, each such Work Package shall be subject to a Guaranteed
Maximum Price. The sum of the Guaranteed Maximum Prices for all Work Packages
shall not exceed the Guaranteed Maximum Price for the Construction Phase.
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
A. Owner will pay CMAR in accordance with the Contract Documents an amount Not to Exceed
$16,194,400.00 as full and total compensation, including all expenses, for Phase 1 Scope of
Work.
B. The Preconstruction Phase Services Fee shall include:
Construction Manager-At-Risk Agreement 00 52 27-5
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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, subject to the
GMP as established in the initial Contract Amendment (or such subsequent Contract
Amendments).
5.03 Contract Time
A. Phase 1 is required to be completed within 70 days from the date Contract Times commence
to run as provided in the Notice to Proceed. 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.
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
Construction Manager-At-Risk Agreement 00 52 27-6
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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 GMP 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.
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
Construction Manager-At-Risk Agreement 00 52 27-7
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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.
D. CMAR assumes the risk of reviewing the construction documents for discrepancies and
potential problems and will not be entitled to any extensions of the Contract Time or to any
adjustment of the Contract Price on grounds that it misinterpreted or misunderstood any
matter that could, or should reasonably, have been raised by the constructability review.
CMAR assumes all risks accepted and obligations undertaken by it under the Contract
Documents, except for concealed conditions or conditions that could not have been
reasonably anticipated or discovered. Owner shall not be responsible for any damages
resulting from a discrepancy and CMAR will not be entitled to a Claim for adjustment in
Contract Time or Contract Price resulting from a discrepancy unless the CMAR advises Owner
in writing of the discrepancy and potential problem and proposes a solution as required herein
and Owner confirms in writing that it wishes the CMAR to proceed in accordance with the
Contract Documents as originally given.
Construction Manager-At-Risk Agreement 00 52 27-8
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
E. CMAR is not responsible to the Owner, Designer, or any of their other design professionals or
consultants forthe 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
responsibility or liability for the Project design by its limited participation in design related
reviews from a construction perspective.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 that compares Owner's Construction Cost Limitation for the Work
to CMAR's estimated construction costs. If CMAR's estimated construction costs would
reasonably cause the Owner's Construction Cost Limitation for the Project or for any
Work Package (to the extent that a Construction Cost Limitation for the Work Package
has been established in the Contract Documents) to be exceeded, CMAR shall develop
reasonable strategies to be reviewed by the Designer and approved by the Owner to
reduce the costs estimated to be incurred during all stages of the Construction Phase of
the Work.
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
Construction Manager-At-Risk Agreement 00 52 27-9
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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
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, 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.
Construction Manager-At-Risk Agreement 00 52 27- 10
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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
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.
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
guaranteed maximum price ("GMP") 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 Phase 2 GMP 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 GMP. 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;
Construction Manager-At-Risk Agreement 00 52 27- 11
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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
n. A Schedule of Values in accordance with paragraph 17.03 of the General
Conditions.
C. CMAR, Owner and Designer shall meet to review the Binding Construction Price Proposal,
reconcile differences and attempt to negotiate the GMP 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 GMP or until Owner terminates this Agreement in accordance
with Article 8.
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,
procurement of long-lead items. 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 GMP Contract Amendment,Owner will issue CMAR a Notice to Proceed
for Phase 2.
6.02 Construction Phase Services Fee
A. The Phase 2 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 5.9%of the Cost of Work as defined in Article 15 of the General
Conditions.
2. The General Conditions/Field Indirect Costs shall be 3.3%.
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
Construction Manager-At-Risk Agreement 00 52 27- 12
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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.
6.03 Contract Time
A. Phase 2 completion dates will be negotiated and set forth in the GMP 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 Phase 2 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;
Construction Manager-At-Risk Agreement 00 52 27- 13
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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;
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 Designer 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.
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.
Construction Manager-At-Risk Agreement 00 52 27- 14
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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.
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 2.
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
Construction Manager-At-Risk Agreement 00 52 27- 15
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
CMAR's failure to maintain such individuals in their identified roles or perform the identified
responsibilities shall entitle Owner to assess the Liquidated Damages.
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'Y 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 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 to satisfy itself 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.
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 00 52 27- 16
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
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 PRECENDENCE
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—Key Individuals
5. Exhibit 3—CMAR Proposal
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 00 52 27- 17
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
ARTICLE 13—CONTRACT DOCUMENT SIGNATURES
CITY OF CORPUS CHRISTI
Jeff Edmonds(May 28,2026 16:42:12 CDT)
Jeff H. Edmonds, P.E.
Director of Engineering Services
Ord.033931 AUTHORIZED
APPROVED AS TO LEGAL FORM: BY COUNCIL 5/12/2026
Janetad(May 27,2026 13:44:55 CDT) RH/SB
Assistant City Attorney
CMAR: Reytec Construction Resources, Inc
Ste veil /�_ Amiy(a
Steven K.Aranda(May 26,2026 11:47:47 CDT)
Steven K. Aranda
Vice President
1901 Hollister St.
Address
Houston TX 77080
City State Zip
713-957-4003
Phone Fax
csmith@reytec.com
EMail
END OF SECTION
Construction Manager-At-Risk Agreement 00 52 27- 18
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
EXHIBIT 1
Site Plan
Exhibit 1
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
s n�as buuaauibug ;o yuaw{�oda4
"i �1bbC1(7�1 i 1N3W121 D"d34 _ _ NV-ld 3119 i33fOHd-nVH3AO _ X
M Y s3111111n X
�EAv sdx31 svx31 us1HHo sndaoo o x
I1SI?HO snd�o� lO3fOHd 3Sf13H o X
10 AM ���/ WIH1SnC]N1 HOd H31VM 03WIV103H
aN$w"
aNg w.
E3=al< wo w Row
w / Ha 3uo� Na�o� a .Mob
Q®® I'
00 «< J
° o Lu
El o N�
a a X \ a
Cc
LU
\m\ 0 3Na
s ®J X \\ g m e
_ o❑ ❑ e ^
00 El
o
El El
_ a
VA �3NNdH�—MN 3M
\ 00 o A
\ ® s
s as Buuaau!6u3 Jo y—j—da4 e°Ins m
ISSI "
p11- - � ��� 1N3W121 D"d34 �OkilNOO NIVW NOISSIWSNVIil-1WHzIAO o z X
N bbbnnby 53111111n x
.✓ SdX31 SVX31'USIHHO sn1 iHOO of a X
+ Il SI?JHO sndaoo 103fOkid 3Sf13ki X
���/ o X '
10 AM 1VIlilsn(INI HOd U31VM 03WIV103H
w
BEE 6
®�®
8 ism �
o soZ, wl
EL
HHFFH
d°
aot
® ® F w
EHHH1 a, ® MMEHED El
erZ„'
°
MID
mm
ffid
t u d �o�oo�a�ao�x
"� rtoz, ,;u snrr n
EHEBOM11
MHHHEll
Hmml
J
VWi tt°t`� w
L
El
�
ft ° 19
FRFRffffmffmTRR oaoaRaa"s^�aa g
cc
®�IIIppIOEM
� Z
°M�20''A GP'� CF'2p55 ® N H00
Ij ® Z
w LLLU
J n
o f o
1 5
— 77
Mfflffsl
p'rb
p}5
w w pa3
fflim
o RR LY W Ci B+�'2Q49
p k =
M uN =z ® �1
& 8 g3 G nl�^ a® �p51
u'd 5 x wLY j
2HERH ® p53
cP,
��� 888 i; 08��08�88 20g2 V
EXHIBIT 2
KEY INDIVIDUALS
Key Individual Name/ Email/Phone
Chris Smith
CMAR's Representative csmith@reytec.com
281-773-8176
Katy Drown
Project Manager kdrown@reytec.com
713-301-8637
Todd Fisher
Pre-construction Services Construction Manager tfisher@reytec.com
713-569-0738
Prime Controls, Dustin Crawford &Greg Laverty
Control(SCADA) &Automation Lead d.crawford@prime-controls.com
830-743-4553
Corrosion/Specialty Materials Lead 3rd Party Testing Agent Not Identified
Nathan Martinka
Construction Superintendent nmartinka@reytec.com
512-922-4493
Katy Drown
Commissioning Lead kdrown@reytec.com
713-301-8637
Bart Kuck
bkuck@retyec.com
Quality Manager 832-694-8428
Jose Castillo
icastilloCcDreytec.com
Safety Manager 281-507-2671
Exhibit 2
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
EXHIBIT 3
CMAR PROPOSAL
Exhibit 3
Reclaimed Water for Industrial Reuse(Project#25018) Rev 10/2025
Attachment E
Fee and Rate Proposal Form
1. Estimated Construction Budget
The estimated construction budget is$108 million.
2. Phase 1-Preconstruction Services
Proposer shall provide billing rates and estimated man hours for proposed CMAR's supervisory
and administrative personnel that will directly perform the CMAR preconstruction services under
the Contract.*Add additional categories as needed:
Category Billing Rate ($/hr) Estimated Man Hours
Project Manager 175 .00 288
Preconstruction Manager Corporate Overhead 288
Safety Manager 135 . 00 96
Quality Control Manager 135 .00 96
Lead Estimator 150 .00 480
Scheduler 145 .00 96
Superintendent 175 .00 96
Administrative Personnel 80. 00 192
*
Preconstruction Services aumn $
S 194 , 400 . 00
um Price)
3. Phase 2-Construction Phase Services
Construction Phase Services Fee:
Provide the Construction Phase Services Fee as a percentage of the cost of the Work(in numbers
and words): 5 .9 0%
Written: Five point nine, zero percent
General Conditions:
Provide Proposed General Conditions as a percentage of the cost of the Work(in numbers and
words): 3 . 30%
Written: Three point three zero percent
END OF ATTACHMENT E