01 Section I General Provisions for 24-019B.pdf

CONTRACT DOCUMENTS

for Cargo Docks 1 & 2 Maintenance

PORT CORPUS CHRISTI

Port of Corpus Christi Authority

Project No. 24-019B

September 2026

Prepared by:

Ardurra and

Port of Corpus Christi Authority

Department of Engineering Services

Reviewed and Approved far Release

THIS SEAL APPLIES TO:

SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

DIVISION 00

DIVISION 01

TABLE OF CONTENTS

PCCA Project No. 24-019B

Notice of Solicitation

CONTRACT DOCUMENTS

SECTION I - GENERAL PROVISIONS

Bid Form

Bid Breakdown Sheet

Bid Attachment A – Contractor’s Statement of Experience

Bid Attachment B – Conflict of Interest Questionnaire

Bid Attachment C – First Amended Local Preference Program Acknowledgement Form

General Conditions

Special Conditions

Agreement

Texas Statutory Performance Bond

Texas Statutory Payment Bond

SECTION II - TECHNICAL SPECIFICATIONS

SECTION III - CONSTRUCTION DRAWINGS

NOTICE OF SOLICITATION

The Port of Corpus Christi Authority (PCCA) hereby issues this Request for Bids (RFB) seeking Bidders interested in the Cargo Docks 1 & 2 Maintenance project. Interested Bidders must be registered on the PCCA’s procurement website to obtain the complete RFB package (https://pocca.procureware.com/home).

Scope of work generally consists of repairing washout under Cargo Dock 2, which includes furnishing and installation of new sheet pile and new flowable fill. The Contractor shall furnish and install a new stormwater repair system, address concrete spall repairs, replace fenders along with new attachment hardware, and install new riprap.

This is a lump sum contract. Bidder must submit a bid bond or cashier’s check for 5% of the total amount of the bid. Performance and Payment Bonds are required when the successful bidder executes this contract, each for 100% of the total contract amount.

A pre-bid meeting is scheduled at 10:00 A.M. on Tuesday, September 22, 2026, at the Ortiz Center located at 400 Harbor Drive, Corpus Christi, Texas 78401, with a site visit to follow. For virtual access to the meeting, login information will be published prior to the meeting date/ time. The project location is within a TWIC secure area; therefore, advanced registration is required for the site visit.

One (1) original signed bid package must be received in a sealed envelope marked “Bid for Cargo Docks 1 & 2 Maintenance – Bid Opening at 3:00 P.M. on Thursday, October 1, 2026, and must be addressed to Port of Corpus Christi Authority, 400 Harbor Drive, Corpus Christi, Texas 78401, Attention: Melinda Licon, Procurement Services Manager. Bids will be publicly opened virtually at the time bids are due. Bids may not be faxed or emailed to the PCCA office.

Bids submitted by express mail service must be in a sealed envelope inside the express mail packaging. The PCCA reserves the right to accept or reject any or all bids received.

BY AUTHORITY OF THE PORT OF CORPUS CHRISTI

https://pocca.procureware.com/home

SECTION I

GENERAL PROVISIONS

Cargo Docks 1 & 2 Maintenance

BID FORM Page 1 of 6

BID FORM

Port Commissioners Port of Corpus Christi Authority P. O. Box 1541 Corpus Christi, Texas 78403

Dear Commissioners:

The undersigned bidder, in compliance with the Notice of Solicitation for Cargo Docks 1 & 2 Maintenance, having examined the specifications with related Contract Documents and the site of the proposed work and being familiar with all of the conditions surrounding construction of the proposed project, including the availability of materials and supplies, will construct the project, in accordance with the Contract Documents, within the time set forth herein, and at the prices stated below. The bidder hereby proposes to furnish all labor, materials, tools, equipment, supplies, superintendence, insurance, incidentals, and services necessary or required to complete the work as shown on the drawings and described in the specifications for the prices noted below (includes profit and overhead).

The work shall include all associated labor, materials, and equipment and shall be in accordance with the Contract Documents. The bid items include all work not specifically identified as an additive, deductive, or alternate bid item. Additive, deductive, or alternate bid items are those items that may be added to or deleted from the contract if so desired by the PCCA.

A. Base Bid: The general work includes maintenance repairs and replacements of marine elements, dock structure, and stormwater system at both Cargo Dock 1 and Cargo Dock 2.

The scope of work addressed below for both cargo docks is a lump sum bid item.

At Cargo Dock 1, replacement of select existing arch-type fenders and concrete spall repairs.

At Cargo Dock 2, rehabilitation of select existing trapezoidal fenders. Sections of the existing storm drain to be grout-filled and abandoned in place. Reroute of a new storm drain line to a new outfall location, and repair of an existing washout under the dock addressed using sheet pile and flowable fill.

An allowance for buried concrete removal (See Special Conditions 1.06) is included on the Bid Breakdown Sheet and should be included in the Base Bid amount. Allowance is not guaranteed and can only be used with written approval from the PCCA.

Total Amount - Base Bid $________________________ (Numbers)

______________________________________________________________ U.S. Dollars (Words)

(Company Name)

BID FORM Page 2 of 6

B. Additive Bid Item 1: Unit cost to provide additional concrete repairs to include additional chipping, cutting, cleaning of concrete and applying the repair material. This is a unit price bid item.

Total Amount – Additive Bid Item 1 $___________________/CF (Numbers)

_______________________________________________________________ U.S.Dollars (Words)

C. Additive Bid Item 2: Unit cost to provide additional flowable fill material above 50 cubic yards to include additional labor, equipment and material needed to completely fill the washout void under Cargo Dock 2. This is a unit price bid item.

Total Amount – Additive Bid Item 2 $___________________/CY (Numbers)

_______________________________________________________________ U.S.Dollars

D. Evaluated Bid: To rate the bids on an equitable basis and provide the most value to the PCCA, the bids will be evaluated using the following computation. Bidder must complete this information.

Base Bid (Total Lump Sum for Base Bid) 50 x $_______ /CF Additive Bid Item 1 20 x $_______/CY Additive Bid Item 2 = $________________

Total Amount - Evaluated Bid $_______________________ (Numbers)

______________________________________________________________ U.S. Dollars (Words)

This information is used only to evaluate the bids for the lowest projected cost to the PCCA. The quantities are not guaranteed. Total quantities for each additive bid item will be determined during the actual execution of this contract.

E. PCCA reserves the right to accept any, all or combination of Additive Bid Items for its evaluation and consideration to be in its best interest.

F. The following procedure will be utilized in resolving arithmetical and other discrepancies found in the Bid:

1. Obviously misplaced decimal points will be corrected;

2. Obvious errors in addition, subtraction, or multiplication will be corrected;

3. Readily apparent errors in interpretation of various bid items will be corrected.

4. Words will govern over numerals.

G. The bidder understands that this is a lump sum bid. Bidder agrees that use of the extended values on the Bid Breakdown Sheet does not cause the contract to be a unit price contract. In

BID FORM Page 3 of 6 the event of any conflict between the Bid Form and Bid Breakdown Sheet, the Bid Form will govern.

H. For work not covered in A thru C in or by separately agreed prices, compensation will be calculated on a time and materials basis for extra work. (Refer to paragraph 6.03 of the General Conditions.)

1. The bidder will submit a Schedule of Equipment Rental Rates for extra work. NOTE:

The equipment rental rates will include cost of fuel, oil, grease, maintenance, overhead, profit, depreciation charges, taxes, insurance, and all other charges, except for operators. No increase or change in the rates will be made for overtime hours or for any other reason.

2. The bidder will submit a Schedule of Labor Charge Rates for extra work. NOTE:

The labor rate schedule will include labor classifications and charge rates. Profit, overhead, taxes, and insurance will be included in the charge rates. For calculation of overtime compensation, the PCCA workweek begins Monday morning.

3. Materials used for extra work will be charged at cost plus 15%. The 15% markup will include all indirect costs, such as bond and insurance costs, profit, overhead, etc.

I. Enclosed with the Bid is a bid bond or cashier’s check in the amount of $______________________, which amount is five (5) percent of the total amount of the bid.

Cashier’s checks must be drawn on a bank that is a member of the Federal Reserve System (no personal or company checks will be accepted). It is agreed that this bond or check will be forfeited to the Owner if this Bid is accepted within sixty (60) calendar days from the date Bids are received and the undersigned bidder fails to enter into a written contract and execute Performance and Payment Bonds and Certificates of Insurance under the terms and conditions stated in the Contract Documents within seven (7) calendar days of the date of the written Notice of Award of Contract. Otherwise, the bond or check will be promptly returned to the bidder.

J. The bid price is subject to acceptance by the PCCA for a period of sixty (60) calendar days from the scheduled closing date for receiving bids.

K. If awarded the contract, the undersigned bidder 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, “REQUIRED COMPLETION TIME”. 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.

L. The bidder must complete and submit with the bid the attached Bid Breakdown Sheet. This sheet is a part of the Contract Documents. Failure to complete and submit this sheet with the Bid (unless otherwise indicated in the Special Conditions) may cause the Bid to be rejected.

BID FORM Page 4 of 6

M. The bidder must complete and submit with the bid the attached Contractor’s Statement of Experience. This statement is a part of the Contract Documents. Failure to complete and submit this statement with the Bid (unless otherwise indicated in the Special Conditions) may cause the Bid to be rejected. (See Bid Attachment A)

N. The bidder must complete and submit with the bid the attached Conflict of Interest Questionnaire (See Bid Attachment B). See paragraph entitled “Conflict of Interest” in the General Conditions, Section 3.02 if Bidder has:

1. Any employment or other business relationship with any employee of the PCCA.

2. Any employment or other business relationship with any relative of an employee of the PCCA.

3. Given any gifts or services of more than $100 in aggregate value to any employee or relative of an employee of the PCCA within the preceding 12-month period.

O. The bidder must complete and submit with the bid the attached Local Preference Program

Acknowledgement Form. This form is a part of the Contract Documents. (See Bid Attachment C)

P. The successful bidder will be required to comply with the provisions of Section 2252.908 of the Texas Government Code and Chapter 46 of the Texas Ethics Commission Rules by preparing and submitting Texas Form 1295, “Certificate of Interested Parties” and submitting the signed form to PCCA at the time the contract is executed. PCCA will provide the unique identifier and description of services for Box 3 on Texas Form 1295. Laws, regulations, forms and instructions for preparing Form 1295 are available at:

https://www.ethics.state.tx.us/filinginfo/1295

Q. Bidders are required to furnish written information concerning any citation, notice of violation, or penalty regarding a safety or environmental violation by Bidder made by any agency or department of this state or the federal government within the past five years. This information must include a general description of the conduct that resulted in the citation or notice of violation or penalty and the document(s) sent from the agency or department to Bidder that set forth the citation, violation, or penalty.

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

S. Any previously terminated contracts with the PCCA due to Contractor performance or actions may cause the PCCA to not recommend award of contract.

T. The bidder understands that the PCCA reserves the right to reject any or all Bids and to waive any minor informalities or irregularities in the bidding.

https://www.ethics.state.tx.us/filinginfo/1295

BID FORM Page 5 of 6

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

List Addendum Number(s)

BID FORM Page 6 of 6

By signature below, the individual acknowledges they are a signatory official with authority to bind the Bidder to a contract, and confirms the correct forms are being submitted with this Bid as identified in the Contract Documents and Addenda (if any) as acknowledged.

Respectfully submitted, BIDDER: (Seal if bid is by a corporation)

(Company Name)

BY:

(Signature)

NAME:

TITLE:

ADDRESS: (For all official correspondence)

COUNTY:

TELEPHONE NUMBER:

CONTACT PERSON:

E-MAIL ADDRESS:

DATE:

BID BREAKDOWN SHEET Page 1 of 3

(Company Name)

BID 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 Bid Form. The bidder is invited to include their own estimates if he so chooses.

Estimated Bidder’s Unit Total Quantity Quantity Amount Amount

BASE BID

General

1.01 Mobilization/Demobilization 1 LS $ $

1.02

Insurance/Bonds 1 LS $ $

Total Amount – General $

Cargo Dock 1

1.03 Removal and proper disposal of existing arch type fenders 21 EA $ $

1.04

Furnish and install new trapezoidal fenders and attachment hardware 21 EA $ $

1.05 X-Ray concrete surface for new anchor rod installation 1 LS $ $

1.06

Furnish and install new concrete coating system at concrete repair areas 1 LS $ $

1.07

Concrete spall repairs 25 CF $ $

Total Amount – Cargo Dock 1 $

Cargo Dock 2

1.08 Temporarily remove and store trapezoidal fenders 20 EA $ $

1.09

Furnish and install new attachment hardware for existing temporarily removed trapezoidal fenders 20 EA $ $

1.10

Furnish and install new flowable fill for repair of washout 45 CY $ $

1.11 Furnish and install new sheet piling for repair of washout 1 LS $ $

1.12

Silt fence 90 LF $ $

BID BREAKDOWN SHEET Page 2 of 3

Estimated Bidder’s Unit Total Quantity Quantity Amount Amount

1.13

Tree removal 2 EA $ $

1.14 Grout fill existing 18” RCP to be decommissioned. 1 LS $ $

1.15 Furnish and install new 18”

RCP 154 LF $ $

1.16

Pipe trench safety 1 LS $ $

1.17 Removal and reestablishment of riprap for new outfall 1 LS $ $

1.18 Backfill 1 LS $ $

1.19

Reestablish area disturbed for new RCP route back to original conditions 1 LS $ $

1.20

Furnish and install new standard 5 foot diameter Type A manhole in its entirety 2 EA $ $

1.21 Stormwater structure trench safety 1 LS $ $

1.22 Cut opening into existing concrete for repair of washout 1 LS $ $

1.23

Furnish and install new asphalt to full depth of pavement repair 1 LS $ $

1.24

Furnish and install new riprap 80 Tons $ $

1.25

Concrete pavement repair 1 LS $ $

1.26 X-Ray concrete surface for new anchor installation 1 LS $ $

1.27 ALLOWANCE* - Buried Concrete Removal 1 LS $ $ 25,000

Total Amount – Cargo Dock 2 $

Total Amount – Base Bid $

The preceding estimated quantities are approximate and are not guaranteed. Bidders will prepare their own estimate of work and bid accordingly. Bidders will indicate their own estimate of work under the column labeled “Bidder’s Quantity” and calculate the “Total Amount” based on same.

If this column is left blank, the bidder 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(s) are not guaranteed and can only be used with written approval from the PCCA.

BID BREAKDOWN SHEET Page 3 of 3

List of Subcontractors and Suppliers

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

Material Item Name of Supplier

Flowable Fill

Disposal Site

New Fenders and Attachment Hardware

Silt Fence

RCP

Manhole

Riprap

Sheet Piling

Subcontractors (if any):

Concrete

Flowable Fill

Trench Safety

Steel

Pile Driving

BID ATTACHMENT A

Contractor’s Statement of Experience

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 1 of 7

CONTRACTOR’S STATEMENT OF EXPERIENCE

The Port of Corpus Christi Authority is seeking Contractors and Sub-contractors qualified and experienced in the performance of the work as described in the Contract Documents.

The statement shall be completed to demonstrate compliance with the qualifications and experience requirements.

All questions shall be answered, and the data provided shall be comprehensive. If necessary, questions may be answered on separate attached sheets. Do not attach general advertising and marketing literature; non-relative materials will not be considered as part of the Bid.

Company Information

1. Name of Company submitting Bid (Prime Contractor Only):

2. Type of Contractor (i.e. Civil, General, Electrical, etc.): ________________________

3. List current licenses, if any: ______________________________________________

4. Permanent main office address and telephone number: ________________________

5. Year organized: If a corporation, where incorporated: __________________

6. Owner/Principals: ______________________________________________________

7. Current number of employees: ____________________________________________

8. Current number of contracts on hand: . Provide information showing name and address of Owner, amount of each contract and the approximate anticipated dates of completion.

9. Have you ever defaulted on a contract?

Yes No If Yes, submit details. Include where, why, name of project, name and address of the Owner, and name of bond carrier.

10. Is your company presently, or previously been engaged in litigation related to a project?

Yes No If Yes, submit details. Include description and state case number, type of case and court in which pending or in which judgement was entered, and other pertinent information.

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 2 of 7

11. Has your company ever been assessed Liquidated Damages on any project within the past five (5) years?

Yes No If Yes, submit details. Include owner name, address, and Project Manager contact.

12. Is your company currently working on any projects that are past the original contract completion date?

Yes No If Yes, submit details. Include the owner name, address and Project Manager of the project along with an explanation of why the project is late or past the scheduled deadline.

13. Have the principals of your company been engaged in the construction contracting business under any other name within the past five (5) years?

Yes No If Yes, submit details. Provide the name of such principal(s) and the name and address of the former business.

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 3 of 7

CONTRACTOR PROJECT HISTORY

The Contractor and Sub-contractors (to the Contractor) must demonstrate technical expertise, experience, and resources to provide a complete project. List project experience from the past five years that achieved final completion that are similar to the type, size, and scope of this project.

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 4 of 7

Project References

Project #1

Customer/Owner Name

Site Location

Customer Contact Name and Phone Number

Customer or Contractor? Project Manager

Brief Description of Work

Award Date

Contract Completion Date

Acceptance Date

Was Project delayed? Yes No (If Yes, explain below.)

Explain how the referenced project is similar in type, size and scope to this project.

Optional Photos/Additional Project Information:

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 5 of 7

Project #2

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 6 of 7

Project #3

CONTRACTOR’S STATEMENT OF EXPERIENCE Page 7 of 7

I certify that all information provided is true and correct as of the date of this statement; that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Port of Corpus Christi Authority as changes occur.

Certifying Person (Type or Print) Title

Signature of Certifying Person Date

BID ATTACHMENT B

Conflict of Interest Questionnaire

BID ATTACHMENT C

First Amended Local Preference Program Acknowledgement Form

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…