Appendix_X-PRHTAs Standard Specifications.pdf

Commonwealth of Puerto Rico

DEPARTMENT OF TRANSPORTATION

AND PUBLIC WORKS

PUERTO RICO HIGHWAY AND

TRANSPORTATION AUTHORITY

STANDARD SPECIFICATIONS

FOR

ROAD AND BRIDGE CONSTRUCTION

No. _________

PREFACE

This book is a revised version of the Standard Specifications for Road and Bridges Construction adopted in 1989. The provisions of these specifications shall apply on all construction contracts entered into by the Puerto Rico Highway and Transportation Authority in which this book is incorporated by reference and shall be binding upon the parties signatory to such contracts.

Variations from these specifications will not be permitted except as provided for by supplemental specifications or special provisions included in the specific contract. Plans an estimating are approved by the Executive Director with the understanding that the work covered by such plans an estimates is to be performed or contracted in accordance with these specifications and any supplemental specifications and special provisions included in the contract.

Jack T. Allison Executive Director Puerto Rico Highway And Transportation Authority i

TABLE OF CONTENTS

GENERAL PROVISIONS

Section 101 DEFINITIONS AND TERMS

101.01 General ……………………….. 1

101.02 Abbreviations ……………………….. 1

101.03 Definitions ……………………….. 2

101.04 Other Abbreviations and Terms …… 17

Section 102 BIDDING REQUIREMENTS AND

CONDITIONS

102.01 Advertisement ……………………... 17

102.02 Qualifications of Bidders …………… 18

102.03 Contents and Issuance of Proposals .. 18

102.04 Interpretation of Quantities in the

Proposal Schedule

102.05 Examination of Plans, Specifications, Special Provisions and Site of Work

102.06 Pre-Bid Meeting …………………… 20

102.07 Preparation of Proposals …………… 21

102.08 Proposal Guaranty …………………. 22

102.09 Non-Collusive Affidavit …………… 23

102.10 Eligibility Affidavit …………………. 23

102.11 Delivery of Proposals ……………... 23

102.12 Withdrawal of Proposals …………… 24

102.13 Public Opening of Proposals ……….. 24

102.14 Rejection of Proposals and

Disqualification of Bidders

Section 103 AWARD AND EXECUTION OF

CONTRACT

103.01 Consideration of Proposals …………. 27

103.02 Award of Contract …………………. 28

103.03 Cancellation of Award ……………... 29

103.04 Return of Proposal Guaranty ……….. 29

103.05 Contract Bonds and Insurances ……... 29

ii

103.06 Puerto Rico Internal Revenue and

CIA Stamps

103.07 Execution of Contract ……………….. 33

103.08 Failure to Execute Contract …………. 33

Section 104 SCOPE OF WORK

104.01 Intent of Contract …………………… 33

104.02 Alteration of Plans or Character of

Proposed Work

104.03 Increased or Decreased Quantities …. 34

104.04 Eliminated Items ……………………. 35

104.05 Differing Site Conditions …………… 35

104.06 Extra Work …………………………. 36

104.07 Maintenance of Traffic ……………... 37

104.08 Rights In use of Materials Found

in the Work

104.09 Final Cleaning Up …………………. 38

Section 105 CONTROL OF WORK

105.01 Authority of the Engineer …………… 39

105.02 Plans and Working Drawings ……….. 39

105.03 Conformity with Plans and

Specifications

105.04 Coordination of Plans, Specifications, Supplemental Specifications, Special Provisions and other Contract Documents

105.05 Cooperation by the Contractor ……... 43

105.06 Cooperation with Utilities …………. 44

105.07 Cooperation Between Contractors … 44

105.08 Survey and Stake-out ……………….. 45

105.09 Authority of the Resident Engineer …. 46

105.10 Duties of the Inspectors ……………... 46

105.11 Inspection of Work …………………. 46

105.12 Removal of Unacceptable and

Unauthorized Work

105.13 Load Restrictions …………………… 48

105.14 Maintenance During Construction …. 49

105.15 Advertising Signs …………………… 50

iii

105.16 Acceptance …………………………. 50

105.17 Claims by Contractor ……………….. 51

Section 106 CONTROL OF MATERIALS

106.01 Source of Supply and Quality

Requirements

106.02 Local Material Sources ……………... 52

106.03 Inspection of Materials ……………... 53

106.04 Plant Inspection ……………………... 54

106.05 Contractor’s Quality Control ……….. 55

106.06 Certification of Compliance ……….. 55

106.07 Storage of Materials ………………... 58

106.08 Handling Materials …………………. 58

106.09 Materials Furnished by the Authority . 59

Section 107 LEGAL RELATIONS AND

RESPONSIBILITY TO THE PUBLIC

107.01 Laws to be Observed ……………….. 59

107.02 Permits, Licenses and Taxes ……….. 60

107.03 Patented Devices, Materials and

Processes

107.04 Restoration of Surfaces Opened by

Permit

107.05 Federal Funds Participation …………. 61

107.06 Sanitary, Health and Safety

Provisions

107.07 Labor Relations and Wages …………. 62

107.08 Public Convenience and Safety ……... 63

107.09 Environmental Protection …………… 63

107.10 Construction Over or Adjacent to

Navigable Waters

107.11 Traffic Protection Devices …………. 65

107.12 Use of Explosives …………………… 65

107.13 Protection and Restoration of

Property

107.14 Forest Protection …………………… 67

107.15 Responsibility for Damage Claims …. 68

107.16 Liability Insurance …………………. 69

iv

107.17 Opening of Sections of Project to

Traffic

107.18 Contractor’s Responsibility for Work . 72

107.19 Contractor’s Responsibility for

Utility Property and Services

107.20 Furnishing of Right of Work ……….. 74

107.21 Personal Liability of Public

Officials

107.22 No Waiver of Legal Rights …………. 74

Section 108 PROSECUTION OF WORK

108.01 Notice to Proceed …………………… 75

108.02 Progress Schedule …………………. 75

108.03 Subletting of Contract ……………... 76

108.04 Prosecution and Progress …………… 77

108.05 Limitations on Operations …………. 78

108.06 Character of Workers, Methods

and Equipment

108.07 Suspension of Work ……………….. 81

108.08 Determination and Extension of

Contract Time

108.09 Failure to Complete the Work on

Time

108.10 Default of Contract …………………. 87

108.11 Termination of Contract …………… 88

108.12 Termination of Contractor’s

Responsibility

Section 109 MEASUREMENT AND PAYMENT

109.01 Measurement of Quantities …………. 91

109.02 Scope of Payment …………………… 95

109.03 Compensation for Altered Quantities . 96

109.04 Extra and Force Account Work ……... 97

109.05 Payment for Eliminated Items ……... 102

109.06 Partial Payments …………………… 103

109.07 Payment for Material on Hand ……... 104

109.08 Disputes and Arbitration …………… 105

109.09 Acceptance and Final Payment ……... 105

v

CONSTRUCTIONS SPECIFICATIONS

150 Survey and Stake-Out ……………….. 108 151 Mobilization ……………………….. 113

EARTHWORK (SERIES 200)

201 Clearing and Grubbing ……………... 116 202 Removal of Structures and

Obstructions

203 Excavation and Embankment ……….. 130 204 Finishing Subgrade …………………. 163 205 Trench Excavation …………………. 167 206 Excavation for Structures …………. 178 207 Foundation Fill ……………………... 191 208 Devices for Embankment

Construction Control and Ground Water Observations

209 Sheathing …………………………… 203 210 Soil Erosion and Water Pollution

Control

211 Bridge Approach Embankment ……... 217 212 Reconditioning of Shoulders and

Ditches

BASE COURSES (SERIES 300)

301 Subbase Course ……………………... 223 304 Aggregate Base Course ……………... 231 305 Lean Concrete Base …………………. 238

BITUMINOUS PAVEMENTS (SERIES 400)

401 Hot Plant-Mix Bituminous Pavement . 247 402 Rehabilitation of Bituminous

Concrete Pavement

403 Cold Milling of Bituminous Concrete Pavement

407 Bituminous Tack Coat ……………... 297 408 Bituminous Prime Coat ……………... 300 409 Bituminous Surface Treatments …… 304 vi

410 Hot Plant-Mix Bituminous Pavement Smoothness

PORTLAND CEMENT CONCRETE PAVEMENT

(SERIES 500)

501 Portland Cement Concrete Pavement .. 319 502 Undersealing Portland Cement

503 Removal and Replacement of Portland Cement Concrete Pavement, Full Depth

504 Partial Depth Patching of Portland

Cement Concrete Pavement

505 Installation of New Dowels in

506 Grinding Portland Cement

507 Joint and Crack Sealing in

508 Jacking Portland Cement Concrete

509 Cracking, Reseating and Resurfacing of Portland Cement Concrete Pavement

510 Portland Cement Concrete

Pavement Smoothness

MISCELLANEOUS CONSTRUCTION (SERIES 600)

601 Structural Concrete …………………. 445 602 Reinforcing Steel ……………………. 494 603 Pipe Culverts and Storm Drains …… 502 604 Manholes, Inlets and Catch Basins …. 514 605 Underdrains …………………………. 520 606 Guard Rail …………………………. 524 607 Fences and Gates …………………… 530 608 Sidewalks …………………………… 536 609 Curb and Gutter ……………………... 542 vii

610 Concrete Barrier …………………… 549 611 Field Office and Laboratory ……….. 555 612 Highway Lighting System …………. 568 613 Traffic Signs ……………………….. 601 614 Gabions ……………………………... 617 615 Piling ……………………………….. 623 616 Steel Structures ……………………... 653 617 Paved Waterways …………………… 684 618 Thermoplastic and Preformed

Plastic Pavement Markings

619 Galvanized Steel Railing …………… 699 620 Traffic Impact Attenuator …………… 703 621 Markers and Delineators …………. 708 622 Riprap ……………………………….. 712 623 Stone Revetment for Slope Protection . 720 624 Vertical Drains ……………………... 726 625 Topsoil ……………………………... 736 626 Planting ……………………………... 739 627 Turf Establishment …………………. 757 628 Sodding ……………………………... 763 630 Prestressed Concrete Structures ……. 768 631 Pneumatically Applied Mortar ……... 787 632 Cleaning and Repair of Existing

Culverts and Storm Sewers

634 Adjustment of Utilities ……………... 799 635 Adjustment of Facilities of the

Puerto Rico Electric Power Authority

636 Adjustment of Facilities of the

Puerto Rico Aqueduct and Sewer Authority

638 Maintenance and Protection of Traffic . 835 639 Painted Pavement Markings ……….. 858 640 Raised Pavement Markings …………. 865 650 Slope Paving ……………………….. 871 652 Epoxy Adhesive …………………… 875 653 Painting Steel Structures …………… 878 654 Traffic Signal Systems ………….….. 890 655 Traffic Signals Master Controller

Building viii

656 Central Power System for Traffic Signals

660 Name Plates …………………………. 976 680 Bridge Smoothness …………………. 978

MATERIALS (SERIES 700)

701 Hydraulic Cement …………………. 982 702 Bituminous Materials ……………….. 984 703 Aggregates …………………………. 986 705 Joint Materials ……………………... 995 706 Concrete and Plastic Pipe …………… 999 707 Metal Pipe …………………………. 1001 708 Paints for Steel Structures …………. 1003 709 Reinforcing Steel and Prestressing

Steel

710 Fence and Guard Rail ……………….. 1008 711 Concrete Curing Materials and

Admixtures

712 Miscellaneous Materials …………… 1011 713 Roadside Improvement Materials …. 1023 714 Highway Lighting Materials ……….. 1032 715 Structural Materials …………………. 1048 716 Pavement Marking Materials ……….. 1059 717 Elastomeric Bearings ……………….. 1070 718 Stone Revetment Materials …………. 1075 719 Bituminous Pavements, Measurement of Reduction in Marshall Stability Caused by Immersion in Water

722 Measurement of Fluidity of Grout

Mixtures

723 Traffic Signal Materials …………… 1085

Index ……………………………………………….. 1129

SECTION 101 DEFINITIONS AND TERMS

101.01 General Wherever in these specifications or in other

contract documents the abbreviations and terms included in this section, or pronouns in place of them are used, the intent and meaning shall be interpreted as indicated herein.

101.02 Abbreviations

AA - Aluminum Association AAN - American Association of Nurserymen AASHTO - American Association of State Highway and

Transportation Officials ACI - American Concrete Institute AGC - Association of General Contractors

(Asociación de Contratistas Generales) AIA - American Institute of Architects AISC - American Institute of Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standards Institute ARTBA - American Road and Transportation Builders

Association ASCE - American Society of Civil Engineers ASLA - American Society of Landscape Architects ASME - American Society of Mechanical Engineers ASTM - American Society for Testing and Materials AWS - American Welding Society AWWA - American Water Works Association AWG - American Wire Gauge CRSI - Concrete Reinforcing Steel Institute EIA - Electronics Industries Association FHWA - Federal Highway Administration FSS - Federal Specifications and Standards IEEE - Institute of Electrical and Electronics Engineers IES - Illuminating Engineering Society IMSA - International Municipal Signal Association

IPCEA - Insulated Power Cable Engineers Association ITE - Institute of Transportation Engineers MIL - Military Specifications NBS - National Bureau of Standards NEC - National Electric Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association OSHA - Occupational Safety and Health Administration PCA - Portland Cement Association PCI - Prestressed Concrete Institute PRASA - Puerto Rico Aqueduct and Sewer Authority PRCA - Puerto Rico Communications Authority PREPA - Puerto Rico Electric Power Authority PRTC - Puerto Rico Telephone Company PTI - Post-Tensioning Institute SAE - Society of Automotive Engineers SSPC Steel Structures Painting Council TAI The Asphalt Institute UL Underwriters Laboratory

101.03 Definitions

Addendum A formal revision by additions, deletions or modifications of the contract documents for a construction project issued subsequent to the initial publication of the advertisement for bids but prior to the opening of bids.

Advertisement A public announcement inviting bids for work to be performed or materials to be furnished.

Authority The Puerto Rico Highway and

Transportation Authority.

Award The written acceptance by the Authority of a bid.

Bid (Proposal) The written offer of a bidder, on prescribed proposal forms, to perform the work in accordance with all the requirements of the contract and to furnish the labor, equipment and materials at the prices quoted, properly signed and guaranteed.

Bid Bond See Proposal Guaranty.

Bidder An individual, firm, partnership, corporation or other legal entity formally submitting a proposal for the work to be performed, or materials to be furnished acting directly or through a duly authorized representative.

Board of Awards The official board designated by the

Authority and charged with the responsibilities of receiving and evaluating proposals, and making recommendations to the Director on the award of contracts.

Bridge A structure, including supports, erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or extreme ends of openings for multiple boxes.

Bridge Length The length of a bridge structure is the overall length measured along the line of survey stationing back to back of abutment backwalls, if present, otherwise end to end of bridge floor; but in no case less that the total clear opening of the structure.

Bridge Roadway Width

The clear width measured at right angles to the center line of the bridge between the bottom of curbs or, if curbs are not used, between the inner faces of bridge parapet or railing.

Calendar Day Each and every day shown on the calendar, beginning and ending at midnight.

Change Order A written order issued by the Engineer to the Contractor covering changes in the plans or quantities or both, within the scope of the contract, when prices for the items of work affected are previously established in the proposal schedule, and establishing the basis of any contract time adjustments which may be necessary because of the changes ordered.

Commonwealth The Commonwealth of Puerto Rico.

Contract The written agreement between the

Authority and the Contractor to whom the award is made setting forth the obligations of the parties for the performance of the prescribed work.

Contract Book The assembly of documents furnished by the Authority to describe the work and to be used by the bidder to prepare and to submit his proposal.

Contract Documents

All the documents which are an integral part of the contract including, but not limited to, the invitation for bids, required contract provisions and certifications for Federal-aid projects (when applicable), labor requirements, instructions to bidders, environmental requirements, standard and supplemental specifications, special provisions, standard drawings, project plans, any addenda issued, bid bond, proposal schedule, statement of the bidder, executed agreement, performance bond, payment bond, notice to proceed and any other documents agreed to subsequent to the award of contract which provide for the completion of the work in an acceptable manner, such as change orders, extra work orders and supplemental agreements.

Contract Item (Pay Item)

A specific unit of work, described in the contract documents, for which a price is provided in the proposal schedule.

Contract Time The number of calendar days or working days as specified in the contract, including authorized time extensions, allowed for the completion of the work or services covered by the contract. If a specific calendar date for completion is specified in the contract documents in lieu of a number of calendar days or working days, the contract shall be completed by such specific date.

Contract Unit A major subdivision of a construction project identified as such in the contract documents.

Contractor The individual, partnership, firm, corporation or other legal entity contracting with the Authority for the performance of the prescribed work.

Culvert Any structure that provides an opening under the roadway but that does not meet the classification of a bridge.

Days Calendar or working days. When not otherwise indicated in the Contract documents, the term days shall be interpreted as calendar days.

Department The Puerto Rico Department of

Transportation and Public Works.

Director The Executive Director of the PUERTO

RICO HIGHWAY AND

TRANSPORTATION AUTHORITY.

Drawings See Plans.

Engineer The Executive Director of the Highway

Authority acting directly or through a duly authorized assistant or representative acting within the scope of the particular duties assigned to him and within the scope of the authority vested in him by the Director.

Equipment All machinery and implements, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work.

Extra Work An item of work not provided for in the contract as awarded but found by the Engineer essential for the satisfactory completion of the contract within its intended scope.

Extra Work Order A written order issued by the Engineer concerning the performance of work or furnishing of materials involving extra work. Such extra work may be performed at agreed prices or on a force account basis as provided elsewhere in these specifications.

Federal Agencies Any agency of the Government of the

United States of America.

Force Account Work

Extra work that is paid for on the basis of actual costs for labor, materials, equipment, bonds, insurance and taxes, plus an established allowance, as provided elsewhere in these specifications.

Highway, Street or Road

A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

Highway Section (Road Section)

That portion of a highway included between the top of the slope in cut and the bottom of the slope in fill.

Holidays Sundays and the legal holidays listed below on which the Contractor will not be allowed to perform work under the contract except as otherwise ordered or authorized in writing by the Engineer. All other holidays not listed below will be considered working days. Also, if any of the listed holidays falls on a Sunday, the following Monday will be considered a holiday.

New Year’s Day ……….. January 1 Three Kings Day ……….. January 6 Good Friday ……….. Variable Independence Day .………. July 4 Constitution Day ……….. July 25 Labor Day ……….. First Monday in

September Election Day (when occurring)

……….. Tuesday after 1st Monday in November

Thanksgiving ……….. Fourth Thursday in November

Christmas Day ……….. December 25

Inspector An authorized representative of the Engineer assigned to make detailed inspections of performance of any or all portions of the work included in the

Invitation for Bids The advertisement for proposals for all work or materials on which bids are requested. Such advertisement will indicate in general terms the work to be performed, its location, the range of estimated cost and the time and place of the opening of proposals.

Laboratory The materials testing laboratory of the

Highway Authority or any other testing laboratory which may be designated by the Engineer.

Materials Any substances specified for use in the construction of the project and its appurtenances.

Notice to Proceed A written notice issued by the

Authority to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.

Pavement Structure The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

• Subbase The layers of specified or selected material of designed thickness placed on a subgrade to support a base course.

• Base course The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course.

• Surface course One or more layers of a specified material designed to accommodate the traffic load, the top layer of which is designed to resist skidding, traffic abrasion, and the desintegrating effects of climate. The top layer is sometimes called the “Wearing Course”.

Pay Item See Contract Item.

Payment Bond The security required to be furnished by the Contractor and his Surety and approved by the Authority to guarantee the payment of all persons or entities supplying labor, material and equipment in the prosecution of the work or services required for completion of the contract.

Performance Bond The security required to be furnished by the Contractor and his Surety and approved by the Authority to guarantee the completion of all the requirements of the contract.

Plans The approved contract drawings, including reproductions thereof, which show the location, character, and dimensions of the prescribed work including layouts, profiles, cross sections and other details.

• Standard plans (Standard drawings)

Drawings approved for repetitive use, showing details to be used where appropriate, included in the plans or published as a separate document.

• Working drawings Supplemental design sheets or similar data that the Contractor is required to submit, such as but not limited to stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, and bending diagrams for reinforcing steel.

Presplitting A method of controlled blasting used in rock excavation as set forth in the technical specifications for earthwork.

Profile grade The trace of a vertical plane intersecting a particular surface of the proposed road construction located as shown on the plans. Profile grade means either elevation or gradient of such trace according to the context.

Project The specific section of the highway together with all appurtenances and construction to be performed thereon under the contract.

Proposal See Bid.

Proposal Schedule The prescribed form included in the

Contract Book on which the written and signed offer of a bidder to perform the work at the prices quoted and within the specified time is submitted.

Proposal Guaranty The bid bond or other security acceptable to the Authority furnished by the bidder with his proposal, as a guaranty that he will enter into a contract for the work if his proposal is accepted.

Reasonably Close Conformity

Compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances. Without detracting from the complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may, at his option, accept variations beyond such tolerances as reasonably close conformity where they will not materially affect the value or utility of the work and the interests of the Commonwealth.

Resident Engineer or Resident Inspector

The authorized representative of the Engineer in immediate charge of the crew performing the inspection of the construction work at the project.

Right-of-way A general term denoting land, real property, or interest therein, acquired for or devoted to transportation purposes.

Roadbed The graded portion of a highway within top and side slopes, prepared as a foundation for the pavement structure and shoulders.

Roadbed Material The material in cuts and embankments and in embankment foundations from the subgrade surface down, extending to such depth as affects the support of the pavement structure.

Roadside A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

Roadside Development

Those items necessary to the complete highway, which provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; such suitable placing of other improvements as may increase the effectiveness and enhance the appearance of the highway.

Roadway The portion of a highway included within the outer edges of the shoulders.

Secretary The Secretary of Transportation and

Public Works of Puerto Rico.

Shoulder The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidewalk That portion of the roadway primarily constructed for the use of pedestrians.

Special Provisions Special requirements or directions, and revisions and additions to standard and supplemental specifications, which are applicable to an individual project.

Specialty Item A contract item which is specifically identified in the contract documents as exempted from the computations to determine the total amount of the work that the Contractor may be authorized to subcontract.

Specifications A general term applied to all directions, provisions and requirements for the performance of prescribed work.

• Standard

The set of specifications approved by the Director for general application and repetitive use.

• Supplemental

Approved additions or revisions to the standard specifications.

• Reference

Specifications issued by other organizations such as AASHTO, ASTM, ANSI, etc., which are referred to and made part of the Authority's specifications and other contract documents. Unless otherwise specifically indicated in the contract documents, references cited shall be the edition of such specifications in effect at the time the project is advertised for bids.

Structures Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundations drains and other features which may be encountered in the work and not otherwise classed herein.

Sub-contractor An individual, partnership, firm, corporation or other legal entity to whom the Contractor, with the written consent of the Authority, sublets a part of the work under the contract.

Subgrade The top surface of a roadbed upon which the pavement structure, shoulders and curbs, if any, are constructed.

Substructure All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frame; including backwalls, wingwalls and wing protection railings.

Superintendent The Contractor's authorized representative in responsible charge of the work.

Superstructure The entire bridge structure above the substructure, including the anchorage and anchor bolts but excluding the backwalls, wingwalls and wing protection railings.

Supplemental Agreement

A written agreement between the Contractor and the Authority covering work to be performed under an extra work order.

Surety The insurance or bonding corporation or other legal entity, other than the Contractor, authorized to do business in Puerto Rico, bound with and for the Contractor for the proposal guaranty, the payment bond, the performance bonds, or other bonds and insurances required by the contract documents.

Traveled Way The portion of the roadway designated for the movement of vehicles, exclusive of the shoulders and auxiliary lanes.

Utility A public or privately owned agency and the lines and facilities for producing, transmitting or distributing communications, power, electricity, gas, oil, gasoline, water, sewer and similar commodities for public or private use.

Work The furnishing of all labor, materials, equipment and incidentals necessary or convenient to the successful and satisfactory completion of the project and the carrying out of the duties and obligations imposed by the contract upon the Contractor.

Working Day A calendar day, exclusive of Sundays and designated legal holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed for the major part of the day, with the normal work force, on the principal item or items of work which would normally be in progress at that time.

Work Order A written order, signed by the

Engineer, of a contractual status requiring performance by the Contractor without negotiation of any sort.

101.04 Other Abbreviations and Terms - The Authority's

Highway Design Manual contains additional abbreviations and terms, not included above, which are used in the plans and other contract documents. Such abbreviations and terms shall be interpreted as defined in the Highway Design Manual.

SECTION 102 BIDDING REQUIREMENTS AND

CONDITIONS

102.01 Advertisement - The Authority will give notice to

prospective bidders for the letting of work. This notice may be published as an advertisement of request for proposals. The notice will contain the date of the letting, place and time of opening of the proposals, a description of the proposed work, the range of estimated cost, the address of the place where the contract book and plans may be obtained, the sum to be paid to obtain the contract book and plans, the amount and nature of the proposal guaranty, the date, time and place of any scheduled prebid meeting, and any other information considered by the Authority to be pertinent to the bidding.

102.02 Qualification of Bidders

a. Bidders shall complete all the items in the Statement of the Bidder included in the Contract book as an integral part of their proposal.

b. In addition, before a bid is considered for award, the Authority may require the bidder, to submit additional information on his organization, equipment, previous experience in performing comparable work and his financial resources.

102.03 Contents and Issuance of Proposals

a. Upon request and payment of the required fee, the

Authority will furnish a prospective bidder with a set of project plans and a contract book to be used by the bidder to submit his proposal. All prospective bidders must provide, at the time of receipt of the contract documents, a local address in Puerto Rico where delivery can be made of any addenda subsequently issued.

b. The contract book will contain the project description;

required contract provisions including, when applicable, those required on Federal-aid construction contracts; wage rates and other labor requirements; instruction to bidders; environmental requirements; non-collusive affidavit; eligibility affidavit;

supplemental specifications; special provisions; bid bond form;

proposal schedule; statement of the bidder questionnaire;

performance and payment bond forms; contract form; and other documents and contract requirements applicable to the project.

(1) All papers bound with or attached to the contract book are considered a part thereof.

(2) The plans, standard specifications and other documents designated in the contract book will be considered as part of the proposal whether or not attached to the contract book.

c. The Authority has the right to issue addenda to the contract documents covering interpretations, revisions or changes, at any time up to five (5) working days prior to the opening of bids. These will be delivered to each prospective bidder at the address in Puerto Rico given by him when he obtained the contract book. Such addenda shall become a part of the contract documents. Any revised or additional proposal schedule sheets shall be appended to bidder’s proposal when submitted.

d. Each prospective bidder or interested person will be required to pay the Authority the sum stated in the advertisement for each set of the contract documents that he obtains. This amount is not reimbursable.

e. The plans and contract book will be available, after the project is advertised, for inspection by any person having a legitimate interest in the project, at the Office of Estimates and Bids of the Authority during normal working hours.

102.04 Interpretation of Quantities in the Proposal

Schedule - The quantities of work to be performed and materials to be furnished appearing in the proposal schedule are approximate only and are to be used for the comparison of bids. The Authority does not guarantee that the quantities given in the proposal schedule will be the actual construction quantities. Payment to the Contractor will be made for the actual quantities of work performed and accepted or materials furnished in accordance with the contract, and it is understood that the scheduled quantities of work to be done and materials to be furnished may each be increased, diminished, or omitted as hereinafter provided without in any way invalidating the

102.05 Examination of Plans, Specifications, Special

Provisions and Site of Work

a. The bidder is expected to examine carefully the site of the proposed work, the contract book, the standard specifications, and the plans before submitting a proposal. It is mutually agreed that submission of a bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, special provisions and other contract documents.

b. Boring logs, water elevations, profiles and other subsurface information shown on the plans, or available at the Authority for inspection by the bidders, were obtained by the Authority for use in the study and design of the project. Such data is made available to the bidders in good faith so that they may have access to the same subsurface information and other data available to the Authority and is not intended as a substitute for the personal investigation, interpretation and judgement of the bidders.

c. Any questions or requests for clarification of the plans, specifications or contract book documents shall be submitted in writing no later than ten (10) days prior to the opening of bids.

Such requests shall be addressed to the Director of the Design Area or his designated representative. Questions and requests for clarification may also be raised at the pre-bid meeting if one is held. The Authority will issue addenda covering such revisions and/or additions to the contract documents which are considered necessary from questions raised or clarifications requested in writing or at the pre-bid meeting.

102.06 Pre-Bid Meeting - The advertisement for bids will

indicate if a pre-bid meeting is to be held and the time and place for such meeting. Individuals, partnerships, firms or corporations that intend to compete as a joint venture, will declare in writing such an intention and the members of the joint venture at the pre-bid meeting.

When the project does not include a pre-bid meeting such intention will be notified to the Executive Director five (5) calendar days prior to the opening of bids.

102.07 Preparation of Proposals

a. The bidder shall submit his proposal on the forms furnished by the Authority in the contract book. These forms include the proposal schedule, bid bond, non-collusive affidavit, statement of the bidder and other documents as specified in the contract book. In addition to these forms, the bidders shall submit an accurate and exact copy of the original proposal schedule submitted.

b. The bidder shall specify a unit price in dollars and cents in both words and figures, for each pay item included in the proposal schedule. He shall also show the products of the respective unit prices and the quantities written in figures in the column provided for that purpose, and the total amount of the proposal obtained by adding the amounts of the several items.

All the words and figures shall be written in ink or typed. In case of discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. Erasures and other changes in the proposal schedule shall be initialed by the bidder. A pay item with more than one erasure or change shall have the initials of the bidder at every erasure or change in that pay item.

c. When the proposal schedule calls for prices on alternate items, the contractor may, at his option, bid on either the basic item or the alternate, or on both, unless otherwise provided in the contract documents, “No bid” shall be entered in the appropriate spaces for items or alternates for which no bids are submitted.

d. When the proposal schedule contains more than one contract unit, the bidder shall submit proposals for every unit unless otherwise provided in the contract documents. It shall be understood that the unit price bid for a work item within a contract unit applies specifically to work included under that contract unit. If the same type of work appears under another contract unit, the unit price bid under this other contract unit will apply to the work under such other contract unit.

e. The bidder’s proposal shall be signed in ink by the individual, by one or more members of the partnership, by one or more officers of each firm representing a joint venture, by one or more officers of a corporation, or by an agent of the bidder legally qualified and acceptable to the Authority. The corporate seals shall be stamped on the proposal documents with the signatures.

f. If the proposal is made by an individual, his name and post office address must be shown; by a partnership, the name, post office and business address of each member of the partnership must be shown; by a joint venture, the name and post office address of each member or officer of the firms represented by the joint venture must be shown; by a corporation, the name of the corporation and the business addresses of its corporate officials must be shown.

102.08 Proposal Guaranty

a. The proposal guaranty shall be a certified check, or a cashier’s check from a bank authorized to do business in Puerto Rico, or a bid bond payable to the Authority in an amount not less than the amount specified in the advertisement for bids and the contract book. The bid bond shall be executed in the form provided in the contract book or on a form provided by the surety company but written in substantially the same language as the Authority’s form.

b. The bid bond shall be issued by a surety company that has successfully met the requirements of the Insurance Regulatory Information System as prescribed by the National Association of Insurance Commissioners and of the Insurance Code of Puerto Rico, has been authorized by the Commissioner of Insurance of Puerto Rico to transact surety insurance, and is acceptable to the Authority.

102.09 Non-Collusive Affidavit - The bidder shall submit, as

an integral part of his proposal, an original of a sworn statement, subscribed and affirmed as true under the penalties of perjury, certifying that he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. This sworn statement shall be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of this Commonwealth to administer oaths.

The affidavit shall follow the format included in the contract book.

102.10 Eligibility Affidavit - Prospective participants in a

contract, including the contractor, subcontractors and principals, shall submit a certification as to their current history regarding debarment eligibility, indictments, convictions or civil judgments.

This certification shall follow the format included in the contract book. In the case of bidders the certification shall be submitted with their proposals. The sub-contractors certifications shall be submitted at the time each sub-contractor is submitted for approval by the Authority.

102.11 Delivery of Proposals

a. Each proposal, including all the required forms properly executed as per Section 102.07, shall be enclosed in a sealed envelope plainly marked with the project number, name and location of the proposed work and the name and address of the bidder written on the outside. All proposals shall be filed prior to the time and at the place specified in the advertisement.

Proposals received after the time for opening of proposals will be rejected and returned unopened to the Bidder.

b. Proposals may be submitted by registered mail in which case the sealed proposal shall be enclosed in a larger envelope addressed to the Board of Awards of the Authority. Mailed proposals received after the specified date and time for opening of proposals will be rejected and returned unopened to the bidder.

102.12 Withdrawal of Proposals - A bidder may withdraw

or revise his proposal after it has been deposited with the Authority, provided the request for such withdrawal or revision is received by the Authority in writing or by telegram before the time set for opening of proposals.

102.13 Public Opening of Proposals - Proposals will be

opened and read aloud publicly by the Board of Awards at the time and place indicated in the advertisement. Bidders, their authorized agents, and other interested parties are invited to be present.

However, any proposals determined to be unacceptable at the public opening will not be read and the reasons for rejection will be publicly stated.

102.14 Rejection of Proposals and Disqualification of

Bidders

a. The Board of Awards will reject a proposal for any of the following irregularities:

(1) If the proposal is on forms other than the proposal forms issued or specified by the Authority.

(2) If there are unauthorized additions, omissions, conditional or alternate bids, or irregularities of any kind which may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

(3) If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

(4) If the proposal fails to contain a unit price, in ink or typed, for every item indicated, except in the case of authorized alternate items, and if the bidder failed to show the unit prices in dollars and cents in both words and figures in the proposal schedule. Zero unit prices will not be acceptable.

(5) If the proposal does not include an acceptable proposal guaranty.

(6) If the proposal does not include all required certificates, affidavits, signatures and corporate seals.

(7) If the proposal has erasures, deletions, crossing out of words or numbers and/or changes in the unit price written in words or in the unit price written in numbers which are not initialed by the bidder.

(8) If the copy of the proposals schedule submitted by the bidder is not an accurate and exact copy of the original proposal schedule as required under paragraph

a. of Article 102.07.

b. The Authority may reject a proposal in which its prices are obviously unbalanced.

c. The Authority reserves the right to disqualify a bidder from bidding on a project and reject his proposal for any of the following reasons:

(1) Lack of competency, adequate organization, plant, machinery and other equipment for the project being bid, or inadequate financial resources as revealed by the statement of the bidder questionnaire and other information required under Article 102.02.

(2) Failure to comply with any prequalification requirements established by the Authority.

(3) Unsatisfactory performance record in previous and/or current contract work for the Authority, as judged on the basis of workmanship and/or progress.

(4) Amount of uncompleted work under other contracts or obligations which in the judgement of the Authority might result in unsatisfactory progress in additional work if awarded.

(5) Default under previous contracts with the

Authority or other Commonwealth agencies.

d. The Authority will disqualify a bidder from bidding on a project and reject his proposal for any of the following reasons:

(1) More than one proposal for the same work from an individual, firm, or corporation under the same or different names.

(2) Evidence of collusion among bidders.

Participants in such collusion will receive no recognition as bidders for any future work of the Authority until any such participant shall have been reinstated as a qualified bidder.

e. The Board of Awards will publicly advise on the rejection of any proposal for any of the above causes noted and acted on at the time the proposals are opened and examined.

However, the proposals will be retained by the Authority for further review and record purposes.

SECTION 103 AWARD AND EXECUTION OF

CONTRACT

103.01 Consideration of Proposals

a. After the proposals are opened, those which are accepted and read will be compared on the basis of the summation of the products of the approximate quantities shown in the bid schedule by the unit price bid. The summation will be considered the amount of the bid. The results of such comparison will be made available to the public. In the event of a discrepancy between unit bid price and extensions, the unit bid price shall govern.

b. The Authority reserves the right to disqualify any bidder or reject any proposal, before or after reading, for any of the reasons specified in Article 102.14 of these General Provisions or to waive any technicality or irregularity for which rejection is not mandatory.

c. The Board of Awards will evaluate all proposals received and will recommend to the Director any of the following actions:

(1) Award to the lowest responsible and qualified bidder whose proposal complies with all the prescribed requirements.

(2) Disqualify any bidder and/or reject any proposal as provided in paragraph “b” immediately above.

(3) Reject all proposals and advertise for new proposals for the same work with any modifications deemed desirable.

(4) Reject all proposals and perform the work by Commonwealth forces.

(5) In the case of tied low proposals by two or more bidders, reject all proposals and advertise for new proposals or decide by the flip of a coin.

d. When the proposal schedule provides for alternate bid items, the low bid will be determined on the basis of the lowest summation provided by the various possible combinations of alternate bid items unless otherwise indicated in the contract

103.02 Award of Contract

a. The award of the contract, if it be awarded, will be made within forty five (45) calendar days after the opening of proposals. However, if additional information is required from the low bidder under the provisions of Article 102.02c., the 30-day period shall begin on the date the required data is received at the Authority. The successful bidder will be notified, by letter mailed to the address shown on his proposal, that his bid has been accepted and that he has been awarded the contract.

b. In the event the award is not made within the time specified, any bidder whose proposal guaranty has been retained shall have the right to withdraw his proposal without penalty unless the 45-calendar day period is extended by mutual written consent.

c. When the proposal schedule calls for alternate bid items and the Contractor bids the same price for both the basic and the alternate items, the Authority reserves the right to select whether the basic or the alternate item will be used and included in the contract.

d. If the proposal schedule includes more than one contract unit, the award, if made, will include all the units.

Separate awards by units will not be made unless specifically called for in the request for proposals and the contract

103.03 Cancellation of Award - The Authority reserves the

right to cancel the award of any contract at any time before the execution of said contract without any liability against the Authority.

103.04 Return of Proposal Guaranty - All proposal

guaranties except those of the two lowest bidders will be returned immediately following the opening and consideration of the proposals. The retained proposal guaranties of the two lowest bidders will be returned after the contract with the successful bidder has been executed. If no award is made the retained proposal guaranties will be returned to the bidders after the decision of not to award is taken by the Authority.

103.05 Contract Bonds and Insurances

a. Not later than fifteen (15) working days after receipt of the notice of award or at the time the contract is executed, whichever is earlier, the bidder to whom the award is made shall furnish on the prescribed forms, performance and payment bonds, each in the amount of 50 percent of the original contract amount, unless otherwise stated in the contract

b. In addition to the payment and performance bonds, the successful bidder shall furnish to the Authority, prior to the time the contract is executed, certificates of insurance, in forms satisfactory to the Authority, covering the following insurance requirements:

(1) Workmen’s compensation insurance as required by Puerto Rico’s Workmen’s Compensation Act and issued by the State Insurance Fund. The certificate shall show that all personnel to be employed in the work are covered. The Contractor agrees that the premium payable to the State Insurance Fund will be paid as prescribed and upon failure to do so, the Authority will pay in the name of the Contractor the premium due the Fund in order to maintain the coverage in full force and effect.