Appendix_Y-PRHTAs Supplemental Specifications.pdf

Revised: October 10, 2008

SUPPLEMENTAL SPECIFICATION

SPECIFICATION 152 - ON THE JOB TRAINING

TASK

(TRAINING, ACCOMPLISHMENT, SUCCESS AND KNOWLEDGE)

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152-1 DESCRIPTION

152-1.01 Scope and Goal - This work shall consist of providing on-the-job training aimed at developing workers to the full journeyperson level in the types of trades involved in the project and indicated in the contract documents. Journeyperson as used herein means a craftsperson considered capable of performing all the major duties of a particular trade. The employment and training program will consist of no less than 500 (approx. 3 months) and no more than 2,000 hours (1 year approx.) depending on contract time of the project.

152-2 MATERIALS

152-2.01 The Contractor shall provide all the materials required for the training in the trades specified. This includes all safety equipment necessary.

152-2.02 The Contractor shall provide, for each participant, the following work clothes:

a. two (2) pairs of jeans

b. one (1) pair of workboots

c. socks (package of 6 pairs).

The Authority will reimburse up to $50.00 for the jeans, up to $30.00 for workboots and up to $10.00 for socks. The Contractor shall provide evidence of purchase for the clothing. Program participant must sign receipt of items given.

152-3 CONSTRUCTION REQUIREMENTS

152-3.01 Prior to commencing construction, the Contractor shall submit to the Authority (Civil Rights Office) for approval, a training utilization schedule which shall be correlated to the Contractor's construction schedule and a training program to be used for each trade. Trainees will be required to train for the number of hours specified in the proposal schedule. Approval of all training programs shall be obtained from the Authority (Civil Rights Office) prior to commencing work on the project. The Contractor will be credited for each trainee employed on the contract work who is currently enrolled or has become enrolled in an approved program and will be reimbursed for such trainee as provided hereinafter.

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152-3.02 Training and upgrading of women toward journeyperson status is the primary objective of this specification. Accordingly, the Contractor shall make every effort to enroll women (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield women trainees) to the extent that such persons are available within a reasonable area of recruitment. The Contractor shall be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this specification.

152-3.03 No employee shall be employed as trainee in any classification in which he has successfully completed a training course leading to journeyperson status or in which he has been employed as a journeyperson. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor's records should document the findings in each case.

152-3.04 The minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by the Authority.

The Authority will approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyperson status in the classification concerned by the end of the training period. Approval or acceptance of a training program shall be obtained from the Authority prior to commencing work on the classifications covered by the program. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training.

152-3.05 Except as otherwise noted below, the Contractor will be reimbursed at the unit bid price per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer, reimbursement will be made for training persons in excess of the number specified herein. This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other sources does not specifically prohibit the Contractor from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the Contractor where he/she does one or more of the following and the trainees are concurrently employed on a Federal-aid project; contributes to the cost of the training, provides the instruction to the trainee or pays the trainee's wages during the offsite training period.

152-3.06 Participants (trainees) of the Program will be paid no less than the current Federal minimum wage. Also, all fringes that correspond to the trainees such as those for unskilled labor and/or depending on classification of work being done.

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152-3.07 The Contractor shall furnish the trainee a copy of the program he/she will follow in providing the training. The Contractor shall provide each trainee with a certificate indicating the type and length of training satisfactorily completed.

152-3.08 The Contractor shall assume responsibility for the success of the training program and shall enforce rules and disciplinary measures on behavior, tardiness, absences and such other action as may be required.

152-3.09 The Contractor must take into consideration at the moment of bidding that the trainees, if eligible, will be able to join a labor union, with all the rights and privileges that these provide. The Authority nor its representatives have jurisdiction nor will mediate with the arrangement between the trainee and a labor union. The trainees are entitled to receive the same fringe benefits as the other employees of the Contractor, even though they are not members of a labor union. The trainees will be covered by all the labor laws and decrees included in the contract documents.

152-3.10 The Contractor shall provide for the maintenance of records and furnish periodic reports documenting the trainees’ performance under this specification.

152-3.11 In the event that a Contractor subcontracts a portion of the contract work, the Contractor must determine how many, if any, hours of training and what trades trainees are to be trained by the sub-contractor. The Contractor shall retain the primary responsibility for meeting the training requirement imposed by this specification. The Contractor shall also insure that this training specification is made applicable to such subcontract.

152-3.12 Where training is provided under a multi-phase training program it is expected that training will be provided continually through all phases to the extent that opportunity for such training exist on the project. Upon satisfactory completion of a phase of training under a multi-phase training program, when further appropriate training is not available and work in the completed phase is available, the trainee shall continue employment, and be compensated at the prevailing wage rate for such work as approved by the Authority.

152-3.13 Penalty for Noncompliance -

a. No payment will be made to the Contractor if either the failure to provide the required training, or the failure to hire the trainee as a journeyperson, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this specification. It is normally expected that a trainee will begin his/her training on the project as soon as feasible after start of work utilizing the skill

SS-152/Page 4 of 5 involved and remain on the project as long as training opportunities exist in her work classification or until she has completed her training program. It is not required that all trainees be on board at the same time. A Contractor will have fulfilled his/her responsibilities under this if he/she has provided acceptable training to the number of trainees specified and/or utilized hours indicated. The number trained shall be determined on the basis of the total number of hours indicated in the contract.

b. If the Contractor's failure to either provide the required training or to employ and compensate a trainee at the prevailing wage rate or minimum federal wage specified for the occupation in which training was provided, following certification of satisfactory completion of such training is caused by the Contractor's failure to meet the requirements of this specification, no reimbursement will be made for any Trainee Man Hours (TMH) recorded as provided to the trainee involved. The foregoing is in addition to any other sanctions for non-compliance with required contract provisions which may be imposed.

c. In the event the Contractor fails to provide training as specified in the approved Training Program, the Authority shall withhold payment to the Contractor in an amount equal to three (3) times the wages that would have been earned by trainees had such training been provided. In the event the Contractor fails to pay wages or other compensation due to trainees, the Authority may pay such unpaid amounts directly to the applicable trainees on the Contractor’s behalf and deduct as a penalty as amount equal to three (3) times such amount from the payment to the Contractor for the work.

152-4 METHOD OF MEASUREMENT

152-4.01 The quantity to be paid for under this item will be the number of Trainee Man Hours (TMH) used and approved in accordance with this specification. Documentation of the number of Trainee Man Hours shall be made by the Contractor in a manner and form satisfactory to the Authority.

152-5 BASIS OF PAYMENT

152-5.01 The number of Trainee Man Hours determined as provided above will be paid for at the contract unit price per TMH. Such price and payment shall constitute full compensation for providing and administering the required training including all labor, SS-152/Page 5 of 5 equipment, materials and incidentals necessary to complete this work as specified.

152-5.02 Payment will be made under:

Pay Item Pay Unit

Trainee Man Hours ...................................................................................... Each

SPECIFICATION 153 - YOUTH PARTNERSHIP PROGRAM (YPP)

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153-1 DESCRIPTION

153-1.01 Scope and Goal - This work shall consist of providing socially and economically disadvantaged youth (ages 18 through 23) with employment and training opportunities to the maximum extent possible on highway and other public work projects.

This project is intended to help young people reach economic self-sufficiency, reduce unemployment and give its participants the chance to demonstrate their abilities. Youth Partnership Program (YPP) will provide these youths with an opportunity for personal growth and a positive employment experience. The employment and training program will consist of no less than 500 hours (3 month of training) and no more than 2,000 hours (1 year approx.) depending on the contract time of the project.

153-2 MATERIALS

153-2.01 The Contractor shall provide all safety equipment (hard hats, rubber boots, tools, etc.) to participants.

153-2.02 The Contractor shall provide, for each participant, the following work clothes:

a. two (2) pairs of jeans

b. one (1) pair of work boots

c. socks (package of 6 pairs).

The Authority will reimburse up to $50.00 for the jeans, up to $30.00 for work boots and up to $10.00 for socks. The Contractor shall provide evidence of purchase for the clothing. Program participant must sign receipt of items given.

153-3 CONSTRUCTION REQUIREMENTS

153-3.01 Prior to commencing construction, the Contractor shall submit to the Authority (Civil Rights Office) for approval an employment and training program schedule which shall be correlated of the Contractor’s construction schedule and training program to be used for each trade. Participants will be required to complete the number of hours specified in the proposal schedule. Employment and training programs must be submitted to the Civil Rights Office prior to commencement of work for approval. The Contractor will be credited for each participant employed who is currently in an approved program and will be reimbursed for such as provided hereinafter.

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153-3.02 Participation of young people toward employment status in the construction industry is the primary objective of this specification. Accordingly, the Contractor shall make every effort possible to enroll young adults referred by welfare recipient referred by the Department of the Family.

153-3.03 The minimum length and type of employment and training for each classification will be as established in the program selected by the Contractor.

153-3.04 Except as otherwise noted below, the Contractor will be reimbursed at the unit bid per hour of training given a participant in this contract in accordance with an approved training program.

153-3.05 YPP participants will be paid no less than the minimum Federal Wage rate plus the fringes that correspond such as those for unskilled labor depending on classification of work being done.

153-3.06 The Contractor shall furnish the participant and the Engineer a copy of the program which will be followed in providing the training. The Contractor shall provide each participant a certificate indicating the type and length of training and skill satisfactorily completed.

153-3.07 Participants are entitled to receive the same fringe benefits as the other employees of the Contractor. They will be covered by all the labor laws and decrees included in the contract documents. Participants are permitted to join the labor union.

153-3.08 In the event that a Contractor subcontracts a portion of the contract work, the Contractor must determine how many, if any, hours of YPP training and what work participants are to do with the sub-contractor. The Contractor shall retain the primary responsibility for meeting the YPP requirements imposed by this specification.

153-3.09 Penalty for Noncompliance -

a. No payment will be made to the Contractor if he fails to provide the required employment training or evidence a lack of good faith on his behalf in meeting the requirements of this specification. It is normally expected that a participant will begin his work on the project as soon as the opportunities exist in his work classification.

b. If the Contractor fails to comply with said Program, no reimbursement will be made for any Trainee Man Hours (TMH) recorded as provided to the participant

SS-153/Page 3 of 3 involved. The foregoing is in addition to any other sanctions for non-compliance with the required contract provisions which may be imposed.

c. In the event the Contractor fails to provide training as specified in the approved YPP Program, the Authority shall withhold payment to the Contractor in an amount equal to three (3) times the wages that would have been earned by trainees had such training been provided. In the event the Contractor fails to pay wages or other compensation due to trainees, the Authority may pay such unpaid amounts directly to the applicable trainees on the Contractor’s behalf and deduct as a penalty as amount equal to three (3) times such amount from the payment to the Contractor for the work.

153-4 METHOD OF MEASUREMENT

153-4.01 The quantity to be paid for under this item will be the number of Trainee Man Hours (TMH) used and approved in accordance with this specification. Documentation of the number of Trainee Man Hours shall be made by the Contractor in a manner and form satisfactory to the Authority.

153-5 BASIS OF PAYMENT

153-5.01 The number of Trainee Man Hours (TMH) determined as provided above will be paid for at the contract unit price per TMH. Such price and payment constitute full compensation for providing labor to be done (wages and fringes).

153-5.02 Payment will be made under:

Trainee Man Hours (YPP) ............................................................................. Each

Revised: December 14, 2013

REVISIONS TO ARTICLES 102.07, 102.12, 102.14, 103.05, 107.02, 107.06 AND 109.07

OF THE GENERAL PROVISIONS

SS-GP/Page 1 of 3

102.07 Preparation of Proposals

Paragraph e. is revised to read as follows: (September 21, 2011)

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.

Article 102.12 is revised to read as follows: (December 14, 2013)

102.12 Withdrawal of Proposals - A bidder may withdraw or revise his proposal after it has been deposited with the Authority, provided that request for such withdrawal or revision is received by the Authority in writing (delivered by hand, fax or e-mail) before the time set for opening of proposals.

102.14 Rejection of Proposals and Disqualification of Bidders

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

Paragraph (6) is revised to read as follows: (September 21, 2011)

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

Paragraph (9) is added: (December 14, 2013)

(9) If documents required by the DBE Contract Provisions are not delivered by the Bidder in the dates established.

103.05 Contract Bonds and Insurances –

Paragraph a. is revised to read as follows: (April 1, 2009)

SS-GP/Page 2 of 3

a. Not later than ten (10) calendar days after the 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 on the amount of the whole contract award amount, unless otherwise stated in the contract documents.

Paragraph b. is revised to read as follows: (December 14, 2013)

b. In addition to the payment and performance bonds, the successful bidder shall furnish to the Authority, not later than ten (10) calendar days after the receipt of the notice of award, certificates of insurance, in forms satisfactory to the Authority, covering the following insurance requirements:

Article 107.02 is revised to read as follows: (December 14, 2004)

107.02 Permits, Licenses and Taxes - The Contractor shall procure all required permits and licensed and pay all fees, taxes, royalties and charges and give all notices necessary and incidental to the due and lawful prosecution of work. The Contractor shall hold the Authority harmless and non-liable for any claims arising out of the application of this article.

107.06 Sanitary, Health and Safety Provisions:

Add paragraph c.: (September 22, 2004)

c. In the event that the Contractor fails to comply with the provisions of paragraphs a. and b. of this article or with any Violation Citation issued by the Safety

Office of the Authority, he will be assessed with liquidated damages at the rate specified in article 108.09 of the General Provisions for each calendar day he is in violation. The Engineer will notify the Contractor in writing of the effective date of the application of the penalty. The liquidated damages are non reimbursable.

109.07 Payment for Material on Hand –

Paragraph a. is revised to read as follows: (February 27, 2006)

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a. Advance payment, not to exceed seventy five percent (75%) of the contract unit price, may be made to the Contractor for the cost of materials which are to be incorporated into the work, provided the materials meet the requirements of the plans and specifications and are on hand at the job site or stored in acceptable storage places. No advance payment will be made on living or perishable plant materials. In case of materials which have been purchased by the Contractor, the cost shall be determined by the vendor’s invoice. In case of materials manufactured or obtained by the Contractor through the use of his own workmen or equipment, the cost will be determined by the Engineer in accordance with and based upon that particular unit of the project in which the materials are to be utilized.

April 1, 2009

REVISIONS TO ARTICLE 103.04 OF THE GENERAL PROVISIONS

SS-GP103.04/Page 1 of 1

This article is revised to read as follows:

103.04 Return of Proposal Guaranty – When requested in written by a bidder, all proposal guaranties except those of the two lowest bidders will be returned after the

Authority has finished the revisions of the bid results as provided in article 103.01 a.. 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 award is taken by the

Authority.

March 30, 2009

REVISIONS TO ARTICLE 103.08 OF THE GENERAL PROVISIONS

SS-GP103.08/Page 1 of 1

103.08 Failure to Execute Contract

Paragraph a. is revised to read as follows:

a. Failure of the bidder to whom an award is made to submit the required documents within the prescribed time and to execute the contract within fifteen (15) calendar days after the date of notice of award, unless an extension of time is granted by the Authority, shall be just cause for cancellation of the award and the forfeiture of the proposal guaranty which shall then become the property of the Authority, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be readvertised, or performed as the Authority may decide.

November 30, 2006

REVISIONS TO ARTICLE 105.17 OF THE GENERAL PROVISIONS

SS-GP105.17/Page 1 of 1

105.17 Claims by Contractor

Add paragraph e.

e. The Contractor shall submit, as part of his claim, an original of a sworn statement, subscribed and affirmed as true under the penalties of perjury, certifying that the claim presented is just and is based on the real additional costs incurred by the Contractor for such works and materials not covered in the contract or not ordered by the Engineer as an extra work order.

May 1, 2012

REVISIONS TO ARTICLE 106.06 OF THE GENERAL PROVISIONS

SS-GP106.06/Page 1 of 2

106.06 Certification of Compliance

Paragraph d. is revised as follows:

d. The Contractor shall submit the following certificate, as described in section

106.06b, attesting to the quality of the material provided or will cause such a certificate to be supplied by his subcontractors or suppliers. The certificate shall include as a minimum the following:

CERTIFICATE OF COMPLIANCE

WE HEREBY CERTIFY that (description of material)

Furnished to: (Name of Contractor or Sub-contractor)

For use in: (Project name)

With Federal-aid Number: and PRHTA number:

In the quantity of: (Quantity represented by this certificate)

Conforms to: (List ASTM, AASHTO or other applicable specifications)

Produced by: (Name of manufacturer) and manufactured at:

(Location)

Identified by (Label, seal or batch number) and shipped via (Consignment or waybill) meets the requirements of the project plans, specifications and special provisions of the Puerto Rico Highway and Transportation Authority in all respects, processing, product testing, inspection control.

Exception to the material requirements are as follows: (list all aspects in which the product does not complies with the contractual requirements.

Attachment of manufacturer brochure is not acceptable and exceptions are to be listed independently in the certificate).

May 1, 2012

REVISIONS TO ARTICLE 106.06 OF THE GENERAL PROVISIONS

SS-GP106.06/Page 2 of 2

All records and documents pertinent to this certificate and not submitted herewith will be maintained available at (provide address at which records will be maintained) by the undersigned for a period of not less than five years from (expected completion date of the project).

Signed by:

Title:

This document must be signed by a person having the legal authority for binding the

Contractor, Sub-contractor or Supplier.

The document shall be submitted in triplicate prior to or at the time of delivery.

The Authority may sample and test materials covered by such certification at its discretion to ascertain the validity of certificates.

September 14, 2015

REVISIONS TO ARTICLE 108.02 OF THE GENERAL PROVISIONS

108.02 Progress Schedule

This article is revised to read as follows:

a. The Contractor shall submit for the approval of the Regional Office Director, not later than five calendar days after the date the Notice to Proceed (NTP) is issued, a construction progress schedule in a chart form. A Critical Path

Method (CPM) using Primavera Software shall be used to develop said progress schedule through the total construction time.

b. The Contractor shall prepare and submit all progress schedules and analysis reports in electronic and hard copy.

c. The Contractor’s progress schedule will be used to evaluate the progress of the work. It shall be updated monthly during the life of the contract subject to the approval of the Regional Office Director. The Contractor shall maintain the progress schedule and charts up to date.

d. Failure to comply with any of the above paragraphs a. to c., will be considered justification to withhold partial payments.

e. The Contractor shall preface each progress schedule with the following information:

(1) Project name

(2) Contract Number (AC & Oracle)

(3) Contractor

(4) Original contract time

(5) Revised contract time

(6) Type of progress schedule (initial or updated)

(7) Effective date of the schedule

(8) Percentage of work completed in dollars amount

(9) Percentage of time use

(10) Original contract amount

(11) Revised contract amount

e. The Critical Path Method (CPM) shall consist of a diagram, a tabulated schedule and a written narrative of the activities displayed.

(1) For the diagram, the “activity-on-arrow” format for arrow diagrams or the “activity-on-mode” format for precedence diagrams shall be used. It shall include the following:

i. A time scale to graphically show the percent of work scheduled for completion by any given date during the contract time.

ii. The activities shall be work activities, not contract pay items. Nevertheless, they shall be defined and related to the corresponding contract pay items. Activities shall be identified by location, units or work areas. If the activity is not continuous, it shall be shown by an interruption in the corresponding bar.

iii. Permits, endorsements, coordination with governmental and private agencies or entities required to start or finish an activity.

iv. The sequence and interdependence of all activities including permits, endorsements, coordinations, submittals, submittal reviews, fabrication and delivery.

v. All activity nodes, activity descriptions and durations.

vi. All network dummies (on arrow diagrams only).

vii. The critical path.

(2) The tabulated schedule shall include:

i. Activity beginning and ending node numbers for arrow diagrams.

ii. Activities lead or lag times for precedence diagrams.

iii. Activity duration.

iv. Activity description.

v. Early start and finish dates.

vi. Late start and finish dates.

vii. Status (critical or not)

viii. Total float

f. Written narratives for CPM shall include the following:

(1) A description of the logistics of the work and the basic general schedule of the project including the type and quantity of equipment and labors to be used, with emphasis on critical activities and on the strategies considered to achieve the complete construction of the project within the contracted time frame.

(2) An estimated of any periods during which an activity will be idle or partially idle showing the beginning and end dates or idle time.

(3) Expected and critical delivery dates for equipment or materials that can affect timely completion of the project.

(4) A description of critical completion dates for maintaining the progress schedule.

(5) An identification of the vendor, supplier, or subcontractor performing the activity. Include all assumptions made in the scheduling for subcontractor’s or supplier’s work.

g. No time extensions will be granted unless a revised progress schedule is approved by the Authority.

h. Complying with all the requirements under this section will not be measured directly for payment but shall be a subsidiary obligation of the

Contractor with its costs included under the pay items included in the proposal schedule

April 15, 2009

REVISIONS TO ARTICLE 108.08 OF THE GENERAL PROVISIONS

SS-GP108.08/Page 1 of 1

108.08 Determination and Extension of Contract Time

Paragraph e. is revised to read as follows:

e. The determination of whether a project is substantially completed is at the discretion of the Authority. A project could be considered substantially completed, when the project can be safely and effectively used by the public without further delays, disruptions, or other impediments.

July 30, 2009

REVISIONS TO ARTICLE 109.06 OF THE GENERAL PROVISIONS

SS-GP109.06/Page 1 of 2

109.06 Partial Payments –

Add sections d. and e.

d. Retainage

(1) The Authority shall retain five percent (5%) of the partial payments determined by the Engineer as provided in Article 109.06 and 109.07; except for payments made for force account work performed as per section 109.04d.

(2) Amounts will be retained up to five percent (5%) of the original contract value or the revised contract amount, whichever is higher. The amounts will be retained by the Authority until final acceptance of the project and final settlement of the contract has been completed with the Construction and the Finance Areas of the Authority. Final acceptance of the project should be as provided in Articles 105.16 and 109.09.

(3) An amount equal up to seventy five percent (75%) of the retainage may be released upon substantial completion of the project with the approval of the Engineer and the consent of the Surety as long as suitable progress is being made and there are no outstanding claims against of the Contractor and no claims for unpaid amounts by the Authority have been received. The remaining twenty five percent (25%) or an amount equivalent to two times of the cost of the punch list, whichever is higher, will be retained until final acceptance of the project and the final settlement of the contract. However, the remaining of the retainage will not be released until the Contractor submits the following documents or satisfactory evidence that:

(a.) A release or consent from the Surety of the project stating that has no objection to the final payment under the contract.

(b.) A release from the State Insurance Fund Corporation

(“Corporación del Fondo del Seguro del Estado”) regional office, where the project is located, establishing that the Contractor has no pending balances or issues with this entity.

(c.) A release from Municipal Government(s) where the project is located stating that the Contractor has paid all construction taxes including any increase to contract value and has no pending issues with the municipality.

REVISIONS TO ARTICLE 109.06 OF THE GENERAL PROVISIONS

SS-GP109.06/Page 2 of 2

(d.) Payment of additional stamps from CIAPR for cancellation to cover any addition if any to the original contract amount.

(e.) An affidavit or sworn statement from the Contractor stating that all his indebtedness by reason of this contract has been fully paid or is satisfactorily secured.

(4) Intentionally Omitted

(5) Intentionally Omitted

(6) In federal aided projects, the Contractor shall fully comply with the requirements of the DBE Program Contract Provisions regarding prompt and full payment of retainage to DBE subcontractors. Nothing in this section shall be construed as to limit the rights of the DBE subcontractors under the DBE

Program Contract Provisions.

e. Retainage for Covering Claims against the Contractor-

(1) Unpaid amounts claimed by suppliers and subcontractors against the

Contractor should be deducted from the ninety five percent (95%) payment of the Monthly Progress Payment. When there are no available monies in the contract, the amount could be deducted from any other contract between the

Authority and the Contractor.

(2) Amounts of levies if any from Treasury Department or Internal

Revenue Service should be deducted in full from Monthly Progress Payment of the project until complete satisfaction of the debt. When there are no available unpaid monies in the contract, the amount could be deducted from any other contract between the Authority and the Contractor.

SPECIFICATION 401 – HOT PLANT-MIX BITUMINOUS PAVEMENT

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401-1 DESCRIPTION

401-1.01 Scope -

a. This work shall consist of constructing one or more courses of Marshall hot plant-mix bituminous pavement on a prepared foundation in accordance with these specifications, and in conformance with the lines, grades, thickness and typical cross sections and smoothness requirements shown on the plans or established by the

Engineer. Courses will be identified as, leveling (L), base (B) and surface (S).

b. The work shall also include the application of any required tack and prime coats as specified in Specifications 407 and 408 respectively.

401-2 COMPACTIVE EFFORT LEVELS, CATEGORIES AND TYPES OF

MIXES, AND THICKNESS REQUIREMENTS

401-2.01 General - The bituminous plant mix shall consist of a mixture of aggregates, asphalt binder, hydrated lime and anti-stripping additives, if required.

401-2.02 Compactive Effort Levels - The contract documents will specify the number of hammer blows to be used in the Marshall Test (AASHTO T 245) for each mix. When the number of hammer blows is not specified, the requirements for mixes will be based on the road classification as indicated on Table 401-1 below:

Table 401-1

Road Classification

Compactive Effort Levels

(Number of Marshall Hammer

Blows- AASHTO T-245)

Primary and Secondary 75

Tertiary and Municipal 50

401-2.03 Categories of Mixes – The Combined aggregate gradation of Mixes designed and produced under this specification shall be categorized as coarse-graded when it passes below the Primary Control Sieve1 (PCS) control points defined in Table 401-2. Other gradations shall be categorized as fine-graded.

1PCS – The Primary Control Sieve is the aggregate size that determines what is coarse and what is fine for any aggregate combination. The weight or mass of coarse aggregate (passing the PCS) determines if a mix is a “coarse graded mix” or “fine graded mix”.

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Table 401-2

PCS Control Point for Mixture Nominal Maximum Aggregate Size2 (NMAS)

Nominal Maximum Aggregate Size (NMAS) 1-inch ¾-inch ½-inch 3/8-inch

Primary Control Sieve (PCS) No.4 No.4 No.8 No.8

PCS Control Point (%Passing) 40 47 39 47

401-2.04 Types of Mixes – Mixes as designed and produced under this specification shall be of the following types in conformance with Article 401-3.02 of this specification.

a. Leveling mixes (L) - Leveling mixes for all Compactive Effort Levels shall be categorized as either fine-graded or coarse-graded mixes, containing, after blending of all aggregates, a Nominal Maximum Aggregate Size of 1-inch (25 mm), ¾-inch

(19 mm), ½-inch (12.5 mm) or 3/8-inch (9.5 mm).

b. Base mixes (B) – Base mixes for all Compactive Effort Levels shall be of all aggregates, a Nominal Maximum Aggregate Size of 1-inch (25 mm), 3/4-inch

(19 mm) or ½-inch (12.5 mm).

c. Surface mixes (S) - Surface mixes for all Compactive Effort Levels shall be of all aggregates, a Nominal Maximum Aggregate Size of 1/2-inch (12.5 mm) or 3/8-inch (9.5 mm).

The Contractor will select, for all types of mixes described herein, the category (fine-graded or coarse-graded) of the mix to be designed, produced and placed in the project. Also, in those cases in which the Authority does not require a specific NMAS of mix in the mix pay item, the Contractor will have the option of selecting, from the sizes specified above, the

NMAS of the mix to be designed, produced and placed in the project. The selection by the

Contractor of the above mix properties shall be based upon mix compliance with all specification requirements.

401-2.05 Layer (course) Thickness – Compacted thickness for each course of mix shall be as indicated in Table 401-3 as follows:

SS-401/Page 3 of 30

Table 401-3

NOMINAL MAXIMUM

AGGREGATE SIZE

(NMAS)

COMPACTED THICKNESS

FOR EACH COURSE (inches)

Min – Max

NMAS = 3/8-inch 1.00 – 2.00

NMAS = ½-inch 1.50 – 2.50

NMAS = ¾-inch 2.25 – 3.75

NMAS = 1-inch 3.00 – 5.00

2Nominal Maximum Aggregate Size (NMAS) is defined as being one sieve larger than the first sieve to have a percent passing less than 90 percent by weight.

401-3 MATERIALS

401-3.01 Asphalt Binder - The asphalt binder shall conform to the requirements of

Section 702-1 of Specification 702 – Bituminous Materials.

401-3.02 Aggregates - Aggregates, including mineral filler, shall meet the requirements of Section 703-3 of Specification 703 - Aggregates.

401-3.03 Reclaimed Asphalt Pavement (RAP) – Reclaimed Asphalt Pavement materials shall meet the requirements of Section 703-3.02 of Specification 703-Aggregates.

401-3.04 Hydrated Lime - Hydrated lime shall meet the requirements of section 712-3 of specification 712 – Miscellaneous Materials. The Contractor shall submit certified laboratory reports on tests of the hydrated lime to be used showing its compliance with the specifications.

401-3.05 Chemical Anti-Strip Agent - Furnish commercially produced, heat stable liquid products that when added to an asphalt have the chemical and physical properties to prevent separation of the asphalt from aggregates. The Contractor shall submit for approval the certified laboratory reports of the proposed chemical anti-strip agents. Contractor shall be responsible for verifying the affinity/compatibility of the proposed quantity and source of anti-strip agent with all mix components.

401-3.06 Composition of Mixtures -

a. Job-Mix Formula3 (JMF) - The Contractor shall develop and submit in writing for the Engineer's approval, at least thirty five (35) calendar days in advance

SS-401/Page 4 of 30 of the date he intends to start paving operations, a job-mix formula based upon a

Marshall mix design, meeting the requirements of this Specification, for each type of mixture to be used in the project.

Each job-mix formula shall be supported by qualified laboratory test data used in the mix design process including, but not limited to, the design charts used. The submission shall also identify the proposed sources of the asphalt binder and aggregates to be used, including the FHWA 0.45 power gradation chart of the proposed mix. The five-week lead requirement may be waived at the discretion of the Authority. The submittal shall comply with the proposed job-mix formula and with all specification requirements.

Each proposed job-mix formula and mix design shall be designed and submitted to the Authority’s Materials Testing Office on a three year basis or when a statistical analysis of the Acceptance and/or Contractor Quality Control test results shows significant difference in mix properties, which ever occur first. No mix shall be placed on this project without an approved job-mix formula and a corresponding mix design. The Authority reserves the right of being present at the Contractor’s laboratory during the development of the mix designs.

3Job-mix formula (JMF) is the proposed combined aggregate gradation, percent of asphalt binder, dust to effective asphalt ratio and volumetric properties used to establish target values for mix production based upon a mix design

Verification of the proposed mix design may be performed at the Authority’s laboratory by the Authority personnel at the time of submission of JMF. When determined by the Authority, the Contractor shall coordinate with the Authority the sampling of all materials proposed for use in the mix. Verification of mix design will consist in checking the selection of the optimum asphalt content made by the

Contractor. Furthermore, the above procedure will also include verification of moisture susceptibility and relative permeability requirements established in this specification.

b. Mix Requirements - Each mix shall be designed according to the Marshall

Mix Design Method as described in the Asphalt Institute Manual MS-2 and shall meet the following requirements:

(1) Mix Stability and Flow as determined by AASHTO T 245 shall meet the requirements of Table 401-4:

SS-401/Page 5 of 30

Table 401-4

Compactive Effort

Level

Stability (Lbs.) – (Minimum) Flow (0.01 inch (25 mm))

(Minimum - Maximum)

50 1,200 8-16

75 1,800 8-14

(2) Moisture Susceptibility Requirements – Mixes shall meet the following requirements:

a. AASHTO T 283 for Laboratory Mixed - Laboratory

Compacted Specimens:

i.For AASHTO T 283 procedures include the freeze and thaw cycle (severity conditioning). In addition, all samples shall be compacted to 7 ±1.0 percent air voids. The test specimens shall be 6-inch diameter samples compacted using a gyratory compactor (AASHTO T 312).

ii.Tensile Strength – The minimum dry and unconditioned tensile strength shall be 80-psi for surface mixes and 70-psi for other mixes. This requirement will not be applied to contracts which bids are opened prior to June 30, 2010.

iii.Retained Tensile Strength Ratio (TSR) – Minimum 65 percent of Tensile Strength.

(3) Air Voids Content (Va) Requirements – The mix shall have an air void content of 4.0 percent at the design Compactive Effort Level as determined by

AASHTO T 166, T 209 and T 269.

(4) Voids in Mineral Aggregate (VMA) Requirements – The mix shall have a VMA based upon the NMAS of the mix as indicated in Table 401-5:

SS-401/Page 6 of 30

Table 401-5

NMAS Minimum VMA (Percent)

3/8-inch 15

1/2-inch 14

3/4-inch 13

1-inch 12

(5) Voids Filled with Asphalt (VFA) Requirements – The mix shall have a

VFA (percent) based upon the Compactive Effort Level as indicated in Table

401-6:

Table 401-6

Compactive Effort Level VFA (Percent)

(Min – Max)

50 65-78

75 65-75

(6) The Dust to Effective Asphalt Binder ratio (DEAR) of the mix, computed by dividing the percentage of material passing the No. 200 sieve by the percent of effective asphalt binder (Pbe) in the mix, shall be as indicated in

Table 401-7:

Table 401-7

Mix Category Dust to Effective Asphalt Binder Ratio

(DEAR) / Specification Limits (Min –

Max)

Fine-Graded 0.6 – 1.2

Coarse-Graded 0.8 – 1.6

(7) Laboratory Mixing Temperature – Mixing temperature shall be the temperature at which the binder viscosity is approximately 0.17 +/- 0.02 Pa-s in accordance with AASHTO T 245. This mixing temperature will be for laboratory use only.

(8) Laboratory Compacting Temperature – Compacting temperature shall be the temperature at which the binder viscosity is approximately 0.28 +/-

SS-401/Page 7 of 30

0.03 Pa-s in accordance with AASHTO T 245. This compacting temperature will be for laboratory use only.

c. Mix Values - Each job-mix formula submitted shall propose definite values for:

(1) The type of mix to be used (S, B, L).

(2) The category (fine-graded or coarse-graded) of the mix to be designed.

(3) Nominal Maximum Aggregate Size (NMAS) of the aggregate mixture.

(4) Compactive Effort Level (Number of Hammer Blows).

(5) The source and materials to be used; Single percentage of aggregates passing each required sieve size.

(6) Single percentage of asphalt binder (Pb) to be added based on total weight of the mixture.

(7) The kind and percentage of mineral filler to be used, if any.

(8) Production Temperature - The target temperature at which the mixture is to be discharged from the asphalt plant.

(9) Bulk Specific gravity and Apparent Specific gravity of each separate mixture component.

(10) Specific gravity of the Binder at 25 degrees Celsius.

(11) Polish Stone Value (PSV) of coarse aggregate (Only for S mixes).

(12) Coarse Aggregate Angularity, Flat and Elongated Particles and Percent

Wear (abrasion loss), etc.).

(13) Design Gradation on FHWA’s 0.45 Power Gradation Chart.

(14) Provide all the physical properties achieved at the different asphalt binder contents used to determine the optimum asphalt content.

SS-401/Page 8 of 30

(15) Percent Asphalt Binder Content (Pb) (optimum) and Effective Asphalt

Binder Content (Pbe).

(16) Dust to Effective Asphalt Binder Content Ratio (DEAR).

(17) Theoretical Maximum Specific Gravity and Density of Asphalt Paving

Mixtures (Gmm (AASHTO T 209) at Target Binder Content).

(18) Bulk Specific Gravity, Effective Specific Gravity of Mix at the Design

Compactive effort level.

(19) Air Void Content (Va) at Design Compactive effort level

(20) Voids in Mineral Aggregate (VMA) at Design Compactive effort level

Voids Filled with Asphalt (VFA) at Design Compactive effort level

Laboratory Density in Lb/ft^3.

(21) Required In-place Compaction.

(22) Type and quantity of chemical anti-strip agent and/or hydrated lime, if required, including all data to perform the optimization procedure.

(23) Moisture Susceptibility data sheet of the proposed mix in accordance with AASHTO T-283.

(24) Retained tensile strength ratio, tensile strength (dry and unconditioned) and tensile strain (dry and unconditioned).

d. Additional Mix Values – With each job-mix formula report the following values or mix properties as available:

(1) Aggregate geological and mineralogical descriptions.

(2) Fine Aggregate Angularity and Sand Equivalent of Aggregate mixture.

(3) Field Compaction Temperature - The target temperature at which the mixture is to be compacted during lay-down operations.

(4) Bailey Method Ratio’s for each Marshall Mix.

(5) Asphalt film thickness for each mix.

SS-401/Page 9 of 30

(6) Results from AASHTO T-182 (Coating and Stripping of Bitumen-

Aggregate Mixtures).

(7) FM 5-508 (Laboratory Testing the Effectiveness of Anti-Strip

Additives) test results performed on mix.

(8) AASHTO T-283 optimization test results obtained at other anti-strip and/or hydrated lime dosages.

e. Changes and resubmissions. If a job-mix formula is rejected or a material source (including the recycled asphalt pavement) has changed, submit a new job-mix formula for acceptance. Up to twenty one (21) calendar days may be required to evaluate a change. Approved changes in target values will not be applied retroactively for payment.

401-3.07 Sampling and Testing -

a. All acceptance sampling and testing activities will be performed by the

Authority. Samples will be taken at random locations during production and will remain in the custody of the Authority at all times. Each sample shall provide enough material to adequately perform all testing as determined in each test procedure. The

Contractor or his authorized representative may be present, if so desired, when these sampling and testing operations are being performed. All testing will be done at the producer's plant laboratory provided it has been qualified by the Authority’s Materials

Testing Office in accordance with PRHTA Q 401-10 - Qualification of Hot Mix

Asphalt (HMA) Laboratories. However, the Authority may, at its discretion, perform the testing at the Authority’s laboratory. Sampling for acceptance testing will be performed by the Authority in accordance with Table 401-8:

Table 401-8

Description Procedure Designation

Qualification of Hot Mix Asphalt (HMA) Laboratories PRHTA Q 401-10

Determination of Random Sampling Location PRHTA M 401-10

Sampling of Asphalt Binder AASHTO T-40

Sampling of Aggregates AASHTO T-2

Sampling of Bituminous Paving Mixtures AASTHO T-168

Reducing Samples of Hot-Mix Asphalt to Testing Size AASHTO T-328

Sampling of Compacted HMA Pavement PRHTA M 401-20

SS-401/Page 10 of 30

b. Provide at the mixing plant laboratory and at the field all the equipment, tools, supplies and other apparatus required for sampling the mix, preparing specimens and testing for compliance of the mix being produced and its components with all the requirements stated in this specification, applicable AASHTO or ASTM Standards or

Puerto Rico Highway and Transportation Authority’s procedures. The use of microwave oven shall not be used for acceptance testing procedures.

c. The Authority will take, at its discretion, random samples of the asphalt binder and aggregates at the plant (prior to and during mix production) to test for the compliance of these materials with their specifications requirements.

d. Samples of the mix material being produced for delivery to the project will be taken by the Engineer at the plant following the procedures established in Table 401-

8. The control unit for sampling, testing and acceptance purposes will be a lot which is defined as 900 tons, 750 tons or 600 tons or fraction thereof placed each day, subdivided into three equal sub-lots of 300 tons, 250 or 200 tons respectively. Any fraction produced that amounts to 100 tons or less will be incorporated in the previous lot. Any fraction produced that amounts to more than 100 tons will be considered a sub lot of a new lot. Lot size shall be determined by the Contractor in writing to the

Authority prior to the Pre-Paving Meeting.

e. Acceptance testing will consist of evaluating the number of samples as indicated in Table 401-9 below per each lot. Each sample shall provide enough material to adequately perform all testing as determined in each individual test procedure. Acceptance testing procedures are as follows:

Table 401-9

Procedure Designation

(AASHTO)

Frequency Testing

AASTHO T-164

1 per sub-lot

Quantitative Extraction of

Bitumen from Bituminous

Paving Mixtures

AASHTO T-30/11B Mechanical Analysis of

Extracted Aggregate / Materials

Finer than No. 200 Sieve in

Mineral Aggregates by

Washing Using a Wetting

Agent

AASHTO T-209 (including

Section #11) /

PRHTA T 401-50

1 per lot (use average of two split samples for acceptance)

Theoretical Maximum Specific

Gravity and Density of Hot Mix

Asphalt Paving Mixture

SS-401/Page 11 of 30

AASHTO T-245

1 per sub-lot (use average of three split samples for acceptance per lot)

Resistance to Plastic Flow of

Bituminous Mixtures Using

Marshall Apparatus

AASHTO T-166 or T-275 as required

Bulk Specific Gravity of

Compacted Hot Mix Asphalt

Mixtures Using Saturated

Surface Dry Specimens / Bulk

Specific Gravity of Compacted

Hot Mix Asphalt Mixtures

Using Paraffin-Coated

Specimens

AASHTO T-269 Percent Air-Void in Compacted

Dense and Open Asphalt

Mixtures

PRHTA T…