01 Request for Quotes for 26-014A.pdf

REQUEST FOR QUOTES

for

Viola Turning Basin Bulkhead Repairs

Port of Corpus Christi Authority

Project No. 26-014A

August 2026

Prepared by:

Port of Corpus Christi Authority

Department of Engineering Services

Reviewed and Approved for Release

08/21/2026

PCCA Project No. 26-014A

Table of Contents i

TABLE OF CONTENTS

for

Viola Turning Basin Bulkhead Repairs

Request for Quotes

CONTRACT DOCUMENTS

SECTION I – GENERAL PROVISIONS

Quote Form

Quote Breakdown

General Conditions

Special Conditions

Agreement

Payment Bond

SECTION II - TECHNICAL SPECIFICATIONS

SECTION III - CONSTRUCTION DRAWINGS

Reference Documents – (provided via separate file)

Carboline Coating, Linings & Fireproofing: Splash Zone A-788 Product Data Sheet.

PCCA Project No. 26-014A Page 1 of 2

Request for Quotes

REQUEST FOR QUOTES

Project #26-014A

Viola Turning Basin Bulkhead Repairs

The Port of Corpus Christi Authority (PCCA) will accept Informal Quotations for, Viola Turning Basin Bulkhead Repairs until 3:00 PM, on Friday, September 4, 2026 via the PCCA Procurement website https://pocca.procureware.com.

The project scope generally consists of attaching a 56” x 36” AZ26 sheet pile plate patch section onto an existing sheet pile bulkhead wall underwater penetration. Underwater welding of the patch section to the existing AZ18 steel sheet pile and filling the voids annulus between the two-steel sheet pile with specified splash zone epoxy and backfill eroded landside areas. PCCA will furnish steel sheet piling presently stockpiled on PCCA property. Vendor is required to trim section to size and transport from PCCA laydown yard to the project site. This is a lump sum quote item.

This is a lump sum contract. Quotes that exceed $50,000 will require a Payment Bond from successful bidder prior to execution of a contract. Bond will be for 100% of the contract amount.

Interested vendors shall complete and submit its response on the Quote Form included. The

Quote Form must be signed by an authorized representative of the Vendor.

By submitting a Bid, the Vendor acknowledges the following:

A. The lump sum quote must include all labor, supervision, equipment, materials, insurance, overhead, and profit, etc., to successfully complete the project. The interested Vendor represents that it has thoroughly examined and become familiar with the work required in this request for quotes and that it is capable of performing quality work to successfully achieve the objectives of the PCCA.

B. Selected Vendor will not commence work until vendor has obtained all the insurance requirements as detailed in Special Conditions 1.06 Insurance Requirements and certificates of such insurance are approved by, and on file with, the Texas Insurance Commission, and must be reasonably acceptable in their content to PCCA.

C. Vendor will also be required to submit Payment Bond (if applicable) within seven (7) calendar days of the date of the written Notice of Award of Contract.

D. If awarded the contract, the Vendor hereby agrees to commence work under this contract within ten (10) calendar days of the date of the written Notice to Proceed and to complete the project as detailed in Special Conditions. The bidder specifically acknowledges and agrees to provisions in the General and Special Conditions and the Agreement, under which damages may be assessed for failure to complete the work within the required completion time.

https://pocca.procureware.com/

PCCA Project No. 26-014A Page 2 of 2

Request for Quotes

E. The Vendor must complete and submit with the Quote Form the attached Quote Price

Breakdown Sheet. Failure to complete and submit this sheet with the Quote Form (unless otherwise indicated in the Special Conditions) may cause the Quote to be rejected.

F. Any qualification or exception to the requirements of these Contract Documents may cause the Quote to be rejected.

G. The PCCA reserves the right to reject any or all responses and to waive irregularities contained therein and to accept any response deemed most advantageous to the PCCA.

All quotes be received through the PCCA’s electronic procurement system website at https://pocca.procureware.com by 3:00 PM, on Friday, September 4, 2026. Quotes will not be accepted in person, e-mail, or by facsimile. Quotes received after the instructed time will not be accepted. If you have any questions, please submit all questions through the electronic procurement system. The PCCA looks forward to receiving your quote.

PCCA Project No. 26-014A Page 1 of 1

QUOTE FORM (Rev. 04/2024)

QUOTE FORM

for

Viola Turning Basin Bulkhead Repairs

Company Name:

Point of Contact Name:

Contact Phone Number: Contact Email Address:

The project scope generally consists of attaching a 56” x 36” AZ26 sheet pile plate patch section onto an existing sheet pile bulkhead wall underwater penetration. Underwater welding of the patch section to the existing AZ18 steel sheet pile and filling the voids annulus between the two-steel sheet pile with specified splash zone epoxy and backfill eroded landside areas. PCCA will furnish steel sheet piling presently stockpiled on PCCA property. Vendor is required to trim section to size and transport from

PCCA laydown yard to the project site. This is a lump sum quote item.

*Allowance item shall be included in the Quote Breakdown and included in the Base Quote lump sum amount. Allowance item is not guaranteed and may only be used upon written authorization from the

PCCA.

Total Amount - Lump Sum Quote $

Calendar Days to Complete 90/Days

Vendor acknowledges receipt of the following addenda (if any):

List Addendum Number(s)

We request quotes be received through the PCCA’s electronic procurement system website at https://pocca.procureware.com by 3:00P.M., Friday, September 4, 2026. Quotes will not be accepted in person, e-mail, or by facsimile. Quotes received after the instructed time will not be accepted. If you have questions, please submit all questions through the electronic procurement system.

By signature below, individual acknowledges they are a signatory official with authority to bind

Vendor to a contract, and confirms the correct forms are being submitted with this Quote as identified in the Request for Quote documents and addenda (if any) as acknowledged.

Submitted by (Print) Title

Signature Date

BID BREAKDOWN SHEET Page 1 of 2

(Company Name)

QUOTE BREAKDOWN SHEET

This breakdown is a part of the Contract Documents. Please fill out the items listed below so that the total matches the prices shown on the Quote Form. The Vendor is invited to include their own estimates if he so chooses.

Estimated

Quantity

Vendor`s

Quantity

Unit

Amount

Total

Amount

BASE QUOTE

1.01 Mobilization/Demobilization 1 LS $ $

1.02 Insurance/Bonds 1 LS $ $

1.03

Select Fill (delivered, placed, and compacted) 40 CY $ $

1.04

PCCA Furnish Steel Sheet

Pile trimming to size 1 EA $ $

1.05

Steel Sheet Pile Underwater

Welding 1 EA $ $

1.06 Revegetation (Sod) 150 SF $ $

1.07 Steel Sheet Pile Transport 1 LS $ $

1.08 Splash Zone Epoxy 1-778 1 LS $ $

1.09 Sediment Control Fence 200 LF $ $

1.10

Allowance for unforeseen existing interface issues 1 LS $ $ 5,000

Total Amount – Base Quote $

The preceding estimated quantities are approximate and are not guaranteed. Vendors will prepare their own estimate of work and price accordingly. Vendors will indicate their own estimate of work under the column labeled “Vendor’s Quantity” and calculate the “Total Amount” based on same. If this column is left blank, the vendor will be deemed to be in agreement with the estimated quantities and no adjustment in contract price will be made for variance. Additionally see General Conditions Section

5.02.

Allowance is included for unforeseen existing interface issues in the Quote Breakdown. The allowance amount are not guaranteed and will not be used without an executed without an executed Allowance

Authorization form. The details of the allowances will be defined and provided to Contractor prior to performing work. Any unused allowance funds will be deducted from the contract amount at the completion of the project.

BID BREAKDOWN SHEET Page 2 of 2

List of Subcontractors and Suppliers

Please list all intended subcontractors and major suppliers below. The Vendor awarded the contract will be required to notify the Engineer of any changes in the actual suppliers and subcontractors.

Material Item Name of Supplier

Splash Zone Epoxy A-788

Select Fill

Revegetation/Sodding

Subcontractors (if any):

Back filling

Underwater Welding

GENERAL CONDITIONS

Viola Turning Basin Bulkhead Repairs

GENERAL CONDITIONS

Revised March 2024

248742-Revised March 2024

TABLE OF CONTENTS

ARTICLE 1

DEFINITION OF TERMS

1.01 Addenda

1.02 Additive Bid

1.03 Agreement or Contract

1.04 Alternate Bid

1.05 Alternative Item

1.06 Base Bid

1.07 Bid

1.08 Bid Breakdown Sheet

1.09 Calendar Day

1.10 CERCLA

1.11 Change Order

1.12 Claim

1.13 Construction Drawings

1.14 Contract Documents

1.15 Contractor

1.16 Contractor’s Daily Report

1.17 Deductive Bid

1.18 Dispute

1.19 Engineer

1.20 Equal or Approved Equal

1.21 Evaluated Bid

1.22 Extra Work

1.23 Field Order

1.24 Final Acceptance

1.25 Final Statement

1.26 Horizontal Control

1.27 Notice of Award of Contract

1.28 Notice of Intent to Protest

1.29 Notice of Nonconformance

1.30 Notice to Proceed

1.31 Owner

1.32 PCCA

1.33 PCCA Authorized Contract Representative…

1.34 PCCA Construction Representative…

1.35 PCCA Property

1.36 Port Commission

1.37 Principal Officers of Contractor

1.38 Project

1.39 Publications

1.40 RCRA

1.41 Special Conditions

1.42 Statement of Accounts

1.43 Subcontractor

1.44 Substandard Performance

1.45 Substantial Completion

1.46 Technical Specifications

1.47 Unilateral Change Order

1.48 Unit Cost

1.49 Value Engineering Proposal

1.50 Vertical Control

1.51 Work

ARTICLE 2

RESPONSIBILITIES OF ENGINEER

OR CONTRACTOR

2.01 PCCA Construction Representative–Engineer Relationship

2.02 Inspection by PCCA Construction Representative

2.03 Payments for Work

2.04 Dispute Determinations

2.05 Horizontal and Vertical Control

2.06 Contractor’s Duty and Superintendence

2.07 Contractor’s Understanding

2.08 PCCA’s Policies and Procedures

2.09 Character of Workmanship

2.10 Drug–Free Workplace

2.11 Security Access Requirements

2.12 Access and Storage

2.13 Sanitation

2.14 Work and Materials

2.15 Shop Drawings

2.16 Preliminary Approval

2.17 Defects and Their Remedies

2.18 Changes and Alterations

2.19 Barricades and Warnings

2.20 Storm Water Pollution Prevention Plan

2.21 Site Conditions

2.22 Utilities

2.23 Testing, Inspection, and Control

2.24 Contractor’s Daily Reports

2.25 Debris

2.26 Environmental Policy

2.27 Prevailing Wage Rates

ARTICLE 3

GENERAL OBLIGATIONS AND RESPONSIBILITIES

3.01 Bid Exceptions, Deviations, or Qualified Bids

3.02 Conflict of Interest

3.03 Requests for Clarifications

3.04 Correspondence

3.05 Written Notice

3.06 Approved Equal

3.07 Titles or References

3.08 Award of Contract

3.09 Bid Protest Procedure

3.10 Notice to Proceed

3.11 Safety and Environmental Record

3.12 Construction Drawings and Technical Specifications

3.13 Ownership of Construction Drawings and Technical Specifications

3.14 Adequacy of Design

3.15 Value Engineering Proposals

3.16 Right of Entry

3.17 Collateral Contracts

3.18 Discrepancies and Omissions

3.19 Equipment, Materials, and Construction Plant

3.20 Protection Against Accidents

3.21 Performance and Payment Bonds

3.22 Losses from Natural Causes

3.23 Protection of Existing Equipment, Structures, and Utilities

3.24 Protection of Adjoining Properties and Facilities

3.25 Smoking Policy

3.26 Misplaced Material

3.27 Signal Lights

3.28 Channel Traffic

3.29 Physical Data

3.30 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery, Equipment, and Supplies

3.31 Protection Against Royalties or Patented Inventions

3.32 Laws and Ordinances

3.33 Taxes

3.34 Assignment and Subletting

3.35 Indemnification and Release

3.36 Insurance

3.36.1 Certificate of Insurance

3.36.2 Waiver of Subrogation

3.36.3 Workers’ Compensation Insurance Coverage

3.37 Schedule

3.38 Damages for Delay

3.39 Liquidated Damages

3.40 Permits

ARTICLE 4

PROSECUTION AND PROGRESS

4.01 Time and Order of Completion

4.02 Extension of Time

4.03 Ozone Action Days

4.04 Hindrances and Delays

4.05 Suspension of Work

4.06 Termination of Agreement

4.07 Differing Site Conditions

ARTICLE 5

MEASUREMENT AND PAYMENT

5.01 Quantities and Measurements

5.02 Estimated Quantities

5.03 Changes in Quantity

5.04 Price of Work

5.05 Progress Payments and Retainage

5.06 Use of Completed Portions

5.07 Notice of Substantial Completion

5.08 Final Acceptance

5.09 Final Payment

5.10 Payments Withheld

5.11 Guarantee

ARTICLE 6

EXTRA WORK AND CLAIMS

6.01 Change Orders

6.02 Minor Changes

6.03 Extra Work

6.04 Time of Filing Construction Claims

ARTICLE 7

MEDIATION/ARBITRATION

7.01 Mediation

7.02 Arbitration

ARTICLE 8

ABANDONMENT

8.01 Abandonment by Contractor

8.02 Abandonment by PCCA

REVISION HISTORY ..................................................................................................... (3 pages)

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ARTICLE 1

DEFINITION OF TERMS

The terms defined in this Article I will apply throughout these General Conditions. All references in the General Conditions to “Section” or “Article” will refer to a section or article of these General Conditions, unless otherwise expressly stated. All references to “herein,”

“hereof,” “hereto,” “hereunder,” or similar terms will be deemed to refer to the entire General

Conditions. The headings of Articles and Sections in these General Conditions are for convenience only and will not affect the interpretation hereof.

1.01 ADDENDA. Any written interpretation or change to the Contract Documents made by

PCCA prior to the opening of Bids.

1.02 ADDITIVE BID. If called for in the Bid, it is the amount stated for any Work to be priced separately from the Base Bid, which Work can be added at the option of PCCA.

1.03 AGREEMENT OR CONTRACT. The written contract for the Project executed after the

Notice of Award of Contract is issued.

1.04 ALTERNATE BID. If called for in the Bid, it is the amount stated for Work to be performed in place of the Base Bid.

1.05 ALTERNATIVE ITEM. Any item the bidder proposes to substitute for a comparable item specified in the Contract Documents.

1.06 BASE BID. The amount stated for performing all of the Work specified in the Contract

Documents that is not specifically identified as an Additive, Deductive, or Alternate Bid item.

1.07 BID. PCCA form on which the bidder sets forth the Base Bid and any Additive or

Deductive Bid Items or Alternate Bid for the Work specified in the Contract Documents, which must be submitted by the date and time stated in the Notice of Solicitation.

1.08 BID BREAKDOWN SHEET. The document that allows PCCA to establish values for the individual items of the Work in order to more easily resolve modifications to the

Contract Documents.

1.09 CALENDAR DAY. Any day of the week or month; no days being excepted. Unless otherwise specified, all PCCA contracts will be done on a calendar-day basis.

Accordingly, where the term “day” is used herein by itself, it means a Calendar Day.

1.10 CERCLA. The Comprehensive Environmental Response, Compensation, and Liability

Act of 1980, 42 USC § 9601 et seq.

1.11 CHANGE ORDER. PCCA form signed by PCCA Construction Representative, Engineer and Contractor that adds to, deletes from, or otherwise changes any part of the

Work or the Project.

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1.12 CLAIM. A written notice received by the PCCA Authorized Contract Representative that a person or entity asserts entitlement to damages arising from the Project.

1.13 CONSTRUCTION DRAWINGS. The drawings to be used for the bidding and construction of the Project.

1.14 CONTRACT DOCUMENTS.

A. The instruments listed in this section and used by PCCA to take Bids for and implement construction of the improvements authorized by the Port Commission, which instruments are incorporated herein by reference:

1. Bid Form

2. Bid Breakdown Sheet

3. General Conditions

4. Special Conditions

5. Construction Drawings (if any)

6. Technical Specifications (if any)

7. Agreement

8. Texas Statutory Performance and Payment Bonds (if any)

9. Certificates of Insurance

10. Contractor’s Statement of Experience

11. Local Preference Program Acknowledgement Form

12. Conflict of Interest Questionnaire

13. Addenda to the Contract Documents (if any)

14. Change Order(s) (if any)

15. Unilateral Change Order(s) (if any)

16. Field Order(s) (if any)

B. The Contract Documents are complementary, and what is called for by any one will be as binding as if called for by all. In case of conflict between any of the

Contract Documents, priority of interpretation will be in the following order (from the highest to the lowest):

1. Unilateral Change Order(s)

2. Change Order(s)

3. Field Order(s)

4. Agreement

5. Bid Form

6. Addenda to Contract Documents

7. Special Conditions

8. Construction Drawings

9. Technical Specifications

10. General Conditions

11. Bid Breakdown Sheet

12. Texas Statutory Performance and Payment Bonds

13. Certificates of Insurance

14. Contractor’s Statement of Experience

15. Local Preference Program Acknowledgement Form

16. Conflict of Interest Questionnaire

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1.15 CONTRACTOR. Contractor is that person or organization identified as such in the

Agreement.

1.16 CONTRACTOR’S DAILY REPORT. A report prepared by Contractor and submitted to

PCCA Construction Representative that provides required information on the progress of the Project.

1.17 DEDUCTIVE BID. If called for in the Bid, it is the amount separately stated for any

Work to be deducted from the Base Bid.

1.18 DISPUTE. Any unresolved issue regarding the Work included in the Contract

Documents after a written decision is made by PCCA Construction Representative.

1.19 ENGINEER. Under the Texas Engineering Practice Act, only duly licensed persons may legally perform, or offer to perform engineering services for the public. Furthermore, public works must be designed and constructed under the direct supervision of a licensed professional engineer. Engineer is identified in the Special Conditions. If Engineer is a

PCCA employee, Engineer may also concurrently serve as Authorized Contract

Representative.

1.20 EQUAL OR APPROVED EQUAL. Any item approved by PCCA Construction

Representative and/or Engineer to be substituted for the item specified in the Contract

Documents.

1.21 EVALUATED BID. The incorporation of the Base Bid plus the unit cost additive or deductive bid items into a theoretical formula that represents a possible project scenario.

This allows the unit price items as well as the Base Bid to be evaluated to determine the most competitive bid submitted.

1.22 EXTRA WORK. All Work that may be required by PCCA Construction Representative to be done by Contractor to accomplish any change, alteration, or addition to the Work shown on the Construction Drawings or reasonably implied by the Technical

Specifications and not covered by Contractor’s Bid, except as provided under Section

2.18, “Changes and Alterations,” herein.

1.23 FIELD ORDER. PCCA form issued by PCCA Construction Representative which indicates any minor change in the Project consistent with the overall intent of the

Contract Documents and which does not involve an increase or decrease in the

Agreement price or schedule.

1.24 FINAL ACCEPTANCE. That point in the Project wherein PCCA Authorized Contract

Representative considers the Project complete and PCCA issues a Certificate of Final

Acceptance.

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1.25 FINAL STATEMENT. A written statement prepared by PCCA Construction

Representative upon completion of the Project that sets forth the value of all Work performed, and materials furnished for the Project under the terms of the Agreement.

1.26 HORIZONTAL CONTROL. A system located in the field that provides a point of horizontal reference for all Work described in the Contract Documents.

1.27 NOTICE OF AWARD OF CONTRACT. A letter issued to Contractor whose Bid has been accepted by the Port Commission.

1.28 NOTICE OF INTENT TO PROTEST. A document prepared by the bidder and delivered to PCCA’s Director of Procurement Services when the bidder chooses to protest the bidding process or contract award.

1.29 NOTICE OF NONCONFORMANCE. A written report issued by PCCA Construction

Representative in the event PCCA Construction Representative or Engineer finds improper work or substandard workmanship in connection with the Project.

1.30 NOTICE TO PROCEED. A letter issued by PCCA Authorized Contract Representative to Contractor once all Contract Documents have been executed and approved by PCCA.

1.31 OWNER. The Owner referred to in these documents is the Port of Corpus Christi

Authority of Nueces County, Texas.

1.32 PCCA. The Port of Corpus Christi Authority of Nueces County, Texas, which may also be referred to as Owner in the Contract Documents.

1.33 PCCA AUTHORIZED CONTRACT REPRESENTATIVE. PCCA representative for the

Contract authorized to issue Notice to Proceed, Notice of Substantial Completion, Notice of Final Acceptance, and who shall assist in resolving disputes that may arise during the construction process. The Authorized Contact Representative is identified in the Special

Conditions.

1.34 PCCA CONSTRUCTION REPRESENTATIVE. PCCA’s duly authorized representative responsible for coordination, oversight and managing the construction process. The

Construction Representative is identified in the Special Conditions.

1.35 PCCA PROPERTY. Any land, structure, equipment, or other improvement owned by

PCCA.

1.36 PORT COMMISSION. The governing board of PCCA.

1.37 PRINCIPAL OFFICERS OF CONTRACTOR. Those persons representing Contractor who have the express or legal authority to contract with PCCA.

1.38 PROJECT. The Work that is described and specified in the Contract Documents.

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1.39 PUBLICATIONS. Any codes, standards, or specifications referred to in the Contract

Documents.

1.40 RCRA. The Resource Conservation and Recovery Act of 1996, 42 USC § 6901 et seq.

1.41 SPECIAL CONDITIONS. The document that details those circumstances individual or particular to a project. If in conflict with the General Conditions, the Special Conditions will govern.

1.42 STATEMENT OF ACCOUNTS. A final written accounting of all costs required to complete the Project after abandonment by Contractor or PCCA.

1.43 SUBCONTRACTOR. Except as separately defined herein relative to Workers’

Compensation insurance coverage, “Subcontractor” means only those persons or entities having a direct contract with Contractor or one who furnishes material worked to a special design according to the Construction Drawings or Technical Specifications of the

Contract Documents but does not include one who merely furnishes material not worked to a special design. A list of all Subcontractors must be submitted with the Bid, and the list must be approved by PCCA Construction Representative prior to starting Work.

Approval of Subcontractors by PCCA Construction Representative does not relieve

Contractor of Contractor’s responsibility for the Work.

1.44 SUBSTANDARD PERFORMANCE. Any Work by Contractor or any Subcontractor or supplier that, in the opinion of PCCA Construction Representative or Engineer, is unacceptable or is not conducive to successful completion of the Project.

1.45 SUBSTANTIAL COMPLETION. That point in the Project wherein PCCA Construction

Representative determines that the Project is suitable for use or occupancy for its intended purpose but may still require minor miscellaneous Work or adjustment.

1.46 TECHNICAL SPECIFICATIONS. The specifications provided by Engineer to be used for the bidding and construction of the Project.

1.47 UNILATERAL CHANGE ORDER. A Change Order issued by PCCA Construction

Representative when agreement cannot be reached with Contractor on the price to be paid or other changes to the Project that are in dispute.

1.48 UNIT COST. Cost for each item of work.

1.49 VALUE ENGINEERING PROPOSAL. A proposal prepared by Contractor and submitted to PCCA regarding a change in the design shown in the Contract Documents.

Value Engineering Proposals that include design revisions shall include design documents that are prepared by a licensed professional engineer.

1.50 VERTICAL CONTROL. A system located in the field that provides a point of vertical reference for all Work described in the Contract Documents.

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1.51 WORK. Any construction, repair, or alteration described in the Contract Documents.

ARTICLE 2

RESPONSIBILITIES OF PCCA, ENGINEER

AND CONTRACTOR

2.01 PCCA CONSTRUCTION REPRESENTATIVE – ENGINEER RELATIONSHIP.

PCCA Construction Representative is an employee of PCCA, and the person Engineer designates as PCCA’s representative during construction. The duties, responsibilities, and authority of PCCA Construction Representative as PCCA’s representative during construction are set forth in the Contract Documents and may not be extended or limited without written consent of PCCA. All of PCCA’s instructions to Contractor will be issued through PCCA Construction Representative.

2.02 FIELD OBSERVATION. PCCA Construction Representative, Engineer, and/or

Engineer’s authorized agent will make periodic visits to the Project site to familiarize themselves with the progress of the executed Work and to determine if such Work generally meets the essential performance and design features and technical and functional engineering requirements of the Contract Documents. PCCA Construction

Representative and/or Engineer, however, are not responsible for making any detailed, exhaustive, comprehensive, or continuous on-site inspection of the quality or quantity of the Work; nor are PCCA Construction Representative or Engineer in any way responsible, directly or indirectly, for Contractor’s construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions, or lack of same, incident to or in connection with the Work. Notwithstanding any other provision of the

Agreement or any other contract document, PCCA Construction Representative and/or

Engineer are not in any way responsible or liable for any acts, errors, omissions, or negligence of Contractor.

2.03 PAYMENTS FOR WORK. In accordance with the Contract Documents, Contractor will submit requests for progress payments to PCCA Construction Representative. Any request for updated project schedule should be submitted within three (3) calendar days from date requested. Failure to submit updated project schedules may cause progress payments to be delayed. PCCA Construction Representative will review Contractor’s requests for progress payments and supporting data, determine the amount owed to

Contractor, and approve, in writing, payment to Contractor of such amount. Such approval of payment to Contractor constitutes a representation to PCCA of PCCA

Construction Representative’s professional judgment that the Work has progressed to the point indicated to the best of PCCA Construction Representative’s knowledge, information, and belief; but such approval of an application for payment to Contractor is not a representation by PCCA Construction Representative that PCCA Construction

Representative has made any examination to determine how or for what purpose

Contractor has used the moneys paid Contractor pursuant to the Agreement.

2.04 DISPUTE DETERMINATIONS. All Claims, Disputes, and other matters in question between Contractor and PCCA relating to the execution or progress of the Work or the interpretation of the Contract Documents will first be decided by PCCA Construction

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Representative; and PCCA Construction Representative's decision will be rendered in writing within a reasonable time after notice to PCCA of any Dispute. Should PCCA

Construction Representative fail to make such decision within a reasonable time, mediation/arbitration pursuant to Article 7, “Mediation/Arbitration,” herein, may be demanded as if PCCA Construction Representative’s decision had been rendered against the party demanding mediation/arbitration.

If PCCA Construction Representative renders any decision that in the opinion of

Contractor is not in accordance with the meaning and intent of the Agreement, Contractor must file with PCCA’s Construction Representative and Authorized Contract

Representative, within thirty (30) days after the date of PCCA’s Construction

Representative’s decision, Contractor’s written objection to the decision and, by such action, reserve the right to submit the Dispute to mediation/arbitration as hereinafter provided in Article 7, “Mediation/Arbitration.” Contractor’s written objection must state all of the grounds upon which the objection is made.

2.05 HORIZONTAL AND VERTICAL CONTROL. Unless otherwise specified, benchmarks for Vertical Control and a baseline for Horizontal Control will be as indicated on the

Construction Drawings or furnished by PCCA Construction Representative. Contractor will use these controls to establish other lines and grades as indicated on the Construction

Drawings. All such Horizontal or Vertical Controls will be preserved by Contractor, and in case of destruction or removal by Contractor or Contractor’s employees, said controls may be replaced by PCCA at Contractor’s expense.

2.06 CONTRACTOR’S DUTY AND SUPERINTENDENCE. Contractor will give adequate attention to the faithful prosecution and completion of the Project and will keep a competent superintendent and any necessary assistants on the Project during its progress.

This superintendent must be present during any Work, whether subcontracted or not. The superintendent will represent Contractor in Contractor’s absence, and all directions given to the superintendent will be as binding as if given to Contractor.

Contractor is an independent contractor, solely responsible for the manner and method of completing Contractor’s Work under the Agreement, with the authority to select the means, method, and manner of performing such Work so long as such methods do not adversely affect the Work or the improvements on the Project, PCCA, and Engineer being interested only in the result obtained and conformity of the improvements on the

Project to the Contract Documents.

All Work performed for Contractor by a Subcontractor or supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or supplier, which specifically binds the Subcontractor or supplier to the applicable terms and conditions of the Contract Documents for the benefit of PCCA. Whenever any such agreement is with a Subcontractor or supplier who is listed as an additional insured on the insurance provided in Section 3.36, “Insurance,” the agreement between Contractor and the

Subcontractor or supplier will contain provisions whereby the Subcontractor or supplier waives all rights against PCCA, Contractor, PCCA Construction Representative, PCCA

Authorized Contract Representative, Engineer, Engineer’s consultants, and all other

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8/46 | P a g e individuals or entities identified in these General Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and Subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or supplier, Contractor will obtain the same.

Engineering Construction Drawings and Technical Specifications, as well as any additional information concerning the Work, passing from or through PCCA may not be interpreted as requiring or allowing Contractor to deviate from the Construction

Drawings and Technical Specifications, the intent of such Construction Drawings, Technical Specifications, and any other such instruction being to define with particularity the Work Contractor is to perform. Contractor is responsible, at Contractor’s expense, for design, construction, installation, and use or nonuse of all items and methods incident to performance of the Agreement and for all loss, damage, or injury incident thereto, either to person or property, including without limitation the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery, equipment, safety precautions or devices, and similar items or devices used by Contractor for the Project.

Any review of Work in progress, any visit or observation during construction, or any clarification of Construction Drawings and Technical Specifications by PCCA

Construction Representative or any agent, employee, or representative of Engineer, PCCA Construction Representative or PCCA, whether through personal observation at the Project site or by means of approval of shop drawings for temporary construction or construction processes or by other means or method, is agreed by Contractor to be for the purpose of observing the extent and nature of Work completed or being performed as measured against the Construction Drawings and Technical Specifications constituting the Contract Documents or for the purpose of enabling Contractor to more fully understand the Construction Drawings and Technical Specifications so that the Work will conform thereto. Review by PCCA Construction Representative, Engineer or PCCA in no way relieves Contractor from responsibility for the proper performance of

Contractor’s Work on the Project, including without limitation the propriety of means and methods of Contractor in performing the Work and the adequacy of any designs, Construction Drawings, Technical Specifications, or other facilities for accomplishing such performance. Deviation by Contractor from Construction Drawings and Technical

Specifications that may have been in evidence during any visitation or observation by

PCCA Construction Representative, Engineer or any of Engineer’s representatives, whether called to Contractor’s attention or not, in no way relieves Contractor of

Contractor’s responsibility to complete all Work in accordance with said Construction

Drawings and Technical Specifications.

2.07 CONTRACTOR’S UNDERSTANDING. Subject to General Conditions Section 4.07, Contractor has, by careful examination, become satisfied as to the nature and location of the Work; the conformation of the ground; the character, quality, and quantity of the materials to be encountered; the character of equipment and facilities needed preliminary to and during the prosecution of the Work; the general and location conditions; and all

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9/46 | P a g e other matters which can in any way affect the Work under the Agreement. No verbal agreement or conversation with any officer, agent, or employee of PCCA, PCCA

Authorized Contract Representative, PCCA Construction Representative or Engineer, either before or after the execution of the Agreement, affects or modifies any of the terms or obligations contained in the Contract Documents.

2.08 PCCA’S POLICIES AND PROCEDURES. The Contractor is required to follow all of

PCCA’s policies and procedures as described in Specification 00 73 10, “PCCA Policies

& Procedures,” of the Technical Specifications.

2.09 CHARACTER OF WORKMANSHIP. Contractor agrees to employ only orderly and competent workers, skilled in the performance of the type of Work required by the

Agreement, to do the Work, and agrees that whenever PCCA Construction

Representative informs Contractor in writing that any worker on the Project is, in PCCA

Construction Representative’s opinion, not an acceptable worker, such worker will be discharged from the Project and will not again be employed on the Project without PCCA

Construction Representative written consent. This section is applicable to craftsmen, laborers, foremen, superintendents, project managers, and Subcontractors. Contractor is responsible for the workmanship, errors, and omissions of all such persons. All materials and equipment must be installed, and all Work completed in a workmanlike manner by craftsmen skilled in the work they perform.

2.10 DRUG-FREE WORKPLACE. PCCA is a drug-free workplace, and Contractor and

Contractor’s employees as well as Contractor’s Subcontractors and the employees of

Contractor’s Subcontractors must adhere to the requirements of Federal Acquisition

Regulation 52.223-6, “Drug-Free Workplace,” and the Drug-Free Workplace Act of

1988. Any employee of Contractor or Contractor’s Subcontractors may be discharged from the Project if that employee is found to be in violation of these laws or regulations.

The final decision concerning the acceptance or non-acceptance of any employee on the

Project will be determined solely by PCCA Construction Representative.

2.11 SECURITY ACCESS REQUIREMENTS. Due to increased national security concerns and new security regulations, PCCA has revised its Tariff to designate certain areas of the port as “restricted areas” and to address policies and procedures for access to those restricted areas. Contractor should be aware that Contractor will be required to obtain ID cards and vehicle decals for any personnel requiring access to these areas. This procedure will involve criminal background checks as well as costs for the ID cards and decals. These costs will be at Contractor’s expense and should be included in

Contractor’s Bid. For detailed information on the new security requirements, Contractor should review Specification 01 14 13, “Access to Port Authority Property (Tariff Item

669).” Contractor is required to follow all policies and procedures in said Specification

01 14 13.

PCCA reserves the right at any time to increase or decrease its security level as determined by PCCA or mandated by state or federal regulations or authorities, and to deny access to restricted areas to any individual or company based upon the security level in place. Changes in security levels could affect, limit, or stop any or all personnel access

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10/46 | P a g e or construction activity at PCCA. If Work is stopped for a period of time totaling five days or less during the course of the contract, then no additional compensation will be due Contractor. If Work is stopped for more than five days, then PCCA and Contractor will enter into good faith negotiations for agreement as to Contractor’s actual costs of the

Work stoppages to be paid by PCCA. In either case, PCCA will grant a day-for-day extension of time for security-induced stoppages as they affect the time of completion required under this contract.

2.12 ACCESS AND STORAGE. PCCA may designate entrance points, parking areas, and work and storage areas to be used by Contractor. The building of structures for housing workers or the erection of tents or other forms of protection will be permitted only at such places as PCCA Construction Representative directs, and the sanitary conditions of the grounds in and about such structures will be at all times maintained in a manner satisfactory to PCCA Construction Representative.

2.13 SANITATION. Contractor will provide sanitary conveniences for use by Contractor’s personnel. Contractor will locate these conveniences in such manner and at locations approved by PCCA Construction Representative. Contractor’s personnel may not use

PCCA’s facilities without the approval of PCCA Construction Representative.

2.14 WORK AND MATERIALS. Contractor will provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, water, light, power, fuel, transportation, and facilities specified or necessary for the execution and completion of the Work. Unless otherwise specified, all materials must be new; and both workmanship and materials must be of good quality. Contractor will, if required, furnish satisfactory evidence as to the kind and quality of materials. Unless otherwise stated in the Contract Documents, words or phrases that have a well-known technical or construction industry trade meaning are used in the Contract Documents in accordance with such recognized meaning. Materials or Work described in words that have a well-known technical or trade meaning will be equal to the standards established by such description.

2.15 SHOP DRAWINGS. Unless otherwise specified, Contractor will submit to PCCA

Construction Representative promptly, and so as not to delay Contractor’s Work or that of any other contractor on the Project, checked copies of all shop and setting drawings and schedules required for the Work, and PCCA Construction Representative and/or

Engineer will review them with reasonable promptness, making desired corrections.

Contractor will promptly make any corrections required and file corrected copies with

PCCA Construction Representative. PCCA Construction Representative/Engineer’s review or approval of such drawings or schedules does not relieve Contractor from responsibility for deviations from Construction Drawings or Technical Specifications unless Contractor has in writing called PCCA Construction Representative’s attention to such deviations at the time of submission, nor will it relieve Contractor from responsibility for errors or omissions of any kind in shop drawings or schedules. It is the

Contractor’s responsibility to review all shop drawings to ascertain their effect on

Contractor’s ability to perform the Work in accordance with the Construction Drawings and Technical Specifications within the time stated in the Contract Documents.

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Review of Construction Drawings or schedules by PCCA Construction Representative or

Engineer is for the sole purpose of determining the sufficiency of the drawings or schedules to achieve finished improvements in conformity with the Construction

Drawings and Technical Specifications, and does not relieve Contractor of Contractor’s duty as an independent contractor; nor does PCCA Construction Representative or

Engineer by such review assume any duty to review or approve the propriety or adequacy of such Construction Drawings or schedules or any means or methods reflected in the same in relation to the safety of either person or property during Contractor’s performance.

2.16 PRELIMINARY APPROVAL. Neither PCCA Construction Representative nor

Engineer have the power to waive the obligations of Contractor under the Agreement.

Failure or omission of PCCA Construction Representative or Engineer to discover, object to, or condemn any defective Work or material does not release Contractor from the obligation to fully and properly perform the Agreement, including without limitation the obligation to at once tear out, remove, and properly replace defective Work or materials at any time prior to Final Acceptance, upon the discovery of said defective Work or materials. PCCA Construction Representative will, however, upon written request of

Contractor, inspect and accept or reject any material furnished; and such acceptance is binding on PCCA unless it can be clearly shown that such material furnished does not meet the Technical Specifications.

Any questioned Work may be ordered taken up or removed for reexamination by PCCA

Construction Representative prior to Final Acceptance. If found not in accordance with the Contract Documents for said Work, all expenses of removing, reexamination, and replacement will be borne by Contractor. Otherwise, such expense will be allowed as

Extra Work and paid for by PCCA, provided that where inspection or approval is specifically required by the Contract Documents prior to performance of certain Work, and should Contractor proceed with such Work without requesting prior inspection or approval, Contractor will pay all expenses of taking up, removing, and replacing this

Work if so directed by PCCA Construction Representative.

2.17 DEFECTS AND THEIR REMEDIES. If the Work or any part thereof or any material brought on the site of the Work for use in the Project, or selected for the same, is deemed by PCCA Construction Representative as unsuitable or not in conformity with the

Construction Drawings and Technical Specifications, Contractor must, at Contractor’s expense, after receipt of a Notice of Nonconformance from PCCA Construction

Representative, forthwith remove such material and rebuild or otherwise remedy such

Work so that it complies with the Agreement.

2.18 CHANGES AND ALTERATIONS. PCCA, in its sole discretion, may make such changes and alterations in the line, grade, form, dimension, plan or material for the Work, or any part thereof, either before or after the beginning of the construction, without affecting the validity of the Agreement between PCCA and Contractor.

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If changes or alterations decrease the amount of Work to be done, Contractor may make a

Claim for damages for the Work that may be eliminated, except as provided in Article 5, “Measurement and Payment.” If the amount of Work is increased and the Work can fairly be classified as such under the Technical Specifications, such increase will be paid for according to the quantity actually done and at the unit price, if any has been established for such Work under the Agreement, except as provided in Article 5, “Measurement and Payment.” Otherwise, such additional Work will be paid for as provided in Article 6, “Extra Work and Claims.” In case PCCA makes changes or alterations that make useless any Work already done or material already furnished or used in said Work, PCCA will compensate Contractor for any such material or labor used and for any actual loss occasioned by such change based upon actual expenses incurred by Contractor.

2.19 BARRICADES AND WARNINGS. Contractor will provide barricades and warning signs and lights to properly mark the Project site. Barricades should be placed so as to prevent access to unfinished areas of Work and to demarcate grade changes and other hazards. Contractor must obtain an approved barricading plan from the City of Corpus

Christi Traffic Division prior to blocking any portion of any city street.

2.20 STORM WATER POLLUTION PREVENTION PLAN. When applicable, Contractor will comply with the written Storm Water Specification included in the Contract

Documents. Contractor will certify Contractor’s compliance by signing the Storm Water

Pollution Prevention Plan certification page which states that Contractor has reviewed and agrees to comply with the terms and conditions of the Texas Pollutant Discharge

Elimination System (TPDES) Construction General Permit (Permit No. TXR150000), which authorizes discharge of storm water from the Project site.

2.21 SITE CONDITIONS. Contractor must become familiar with the working conditions at the Project site. Contractor must also become familiar with utilities and roadway, rail and other approaches to the Project site available to Contractor and with the space available for storage, for working, and for temporary offices, sheds, etc.

2.22 UTILITIES. Contractor will arrange for and secure all temporary connections for water, electricity, telephone, gas, and other services needed by Contractor for the proper prosecution of Contractor’s operations; and any cost for these services will be paid by

Contractor.

Contractor will promptly notify utility and pipeline companies when prosecution of the

Work may affect said companies and will cooperate with said companies in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any subcontractor, supplier, any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable will be remedied by Contractor at Contractor’s expense.

If Contractor encounters uncharted or incorrectly charted utilities or pipelines, Contractor will promptly notify PCCA Construction Representative, who will provide instructions

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13/46 | P a g e on how to proceed. Contractor must cooperate with all parties to keep the utility or pipeline in service.

2.23 TESTING, INSPECTION, AND CONTROL. The Special Conditions and Technical

Specifications generally govern the scope and frequency of testing the Work and materials; however, PCCA Construction Representative reserves the right to order additional testing. Testing and inspection of materials may be performed by a commercial testing laboratory selected by PCCA. Except as noted below or in the

Special Conditions, the cost of laboratory tests will be paid by PCCA.

A. Contractor will furnish at Contractor’s expense all materials or specimens for testing ordered by PCCA Construction Representative.

B. Contractor will pay for all tests and re-tests of materials that fail to comply with the Technical Specifications.

C. Contractor will pay for all trip cancellation charges. A deductive change order will be executed between Contractor and PCCA to cover related expenses billed to PCCA.

D. Contractor will furnish at Contractor’s expense all materials and labor required to patch or otherwise repair all Work affected by testing.

It is Contractor’s responsibility to notify and otherwise coordinate with the testing laboratory relative to the material to be tested. Failure of Contractor to have the Work or materials tested may require removal and replacement of the Work or materials at

Contractor’s expense.

2.24 CONTRACTOR’S DAILY REPORTS. On a weekly basis, Contractor will submit to

PCCA Construction Representative daily reports that include the following minimum information:

A. Number of Contractor and Subcontractor employees working on site (itemized by trade).

B. Equipment on site.

C. Ongoing construction activities.

D. Progress made (i.e., quantity of material installed, or Work completed).

E. Delays or problems encountered.

F. Direction received from PCCA Construction Representative.

G. Visitors on site.

H. General…