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by the contractor in sufficient quantity when asked for by the Administration. The Administration is also authorized to take samples of asphalt powders, cements, gravel and concrete from the line of work.
$7. Construction of the Asphalt.-The asphalt surface shall, when completed, be at least 2 inches thick and must be uniformly compressed. The asphalt surface has to be laid close to all rails, hydrants, sewer catch-basins, etc., assuming they are fastened securely and .4 of an inch higher than the surface of these objects. The decision as to whether the rails, manholes, etc., are fastened tight is given by the Administration. The finished asphalt surface shall correspond to the cross and longitudinal profile at all points.
b. Construction of the Sheet Asphalt
The construction of the asphalt pavement is to be done in dry weather. No work is to be done in rain or snow. The putting down of the asphalt on the finished, thoroughly cleaned foundation can be started only with the permission of the Administration. Any spots in the foundation which are not properly set or which were injured must be cut out and be replaced with a richer mixture. The laying of asphalt before these spots are hard is not allowed.
The manner of constructing the asphalt pavement in general is left to the contractor and only the following is specified:
In the construction of compressed asphalt, rock asphalt, as specified under §§ 5 and 6 of these specifications, shall be used. The source of this rock asphalt is to be established if so desired. All possible precautions have to be taken to prevent cooling while in transit. Great care has to be taken in laying the asphalt that all foreign matter is removed from the mixture and that passers-by are prevented from throwing anything into the mixture. The box-wagons used in transporting the mixture have to be cleaned carefully before using. The Administration reserves the right to have the wagons cleaned under its supervision.
§ 8. Breaking up of Pavements.-The Administration reserves the right to decide whether or not the contractor shall break up and relay the pavement in the railroad area. The contractor, however, has no claim on the award of this work. The maintenance proviso shall be void if this work is not awarded to the contractor. In this case the right of disposition is left to the Administration. The contractor shall make all connections, for which he will be paid according to the corresponding number of these specifications. Should this work be done by the contractor, he will have to take up the asphalt cover to the width prescribed by the Administration. The adjoining asphalt cover shall not be disturbed. The concrete shall be cut down in a straight line a distance of 34 inches to 4 inches from the asphalt cover. It shall be divided into pieces and be laid aside. Screens must be put up while the pavement and concrete are cut up to prevent any injury to the public and property. Should the contractor fail to comply with these rules, he will have to sustain all damages (see § 13, sub. div. 9). Special care has to be taken in removing the concrete foundation in the railroad area so as not to undermine the adjoining concrete. The specifications for concrete and asphalt are to be enforced in reconstruction work. The contractor is to be paid for all this work according to the respective sections of this contract. But in construction of areas of more than 1200 square yards, the prices for new work are to be paid.
§ 9. Utilization of the Old Material in Concrete.-The contractor is required to do all breaking up of the asphalt layer without extra compensation. The old asphalt and concrete material shall become the property of the contractor. Old concrete may be used again to the extent of one-third in new concrete, if broken up into pieces 1 to 1% inches in length.
Changing of Footways.-Should any lowering or raising of asphalt footways be made necessary in connection with the paving, the contractor will be obliged to execute this work according to the specifications. The base shall be constructed with the material at hand according to directions, on the finished subgrade. The asphalt layer shall be at least 8 of an inch thick. All lost construction material has to be replaced by the contractor at his own expense.
§ 11. Auxiliary Work. Implements, Tools and Other Contrivances, Inspectors. -All work mentioned in this contract is to be carried out by the contractor at the prices mentioned in the price list. He has to furnish all necessary implements, tools, contrivances, etc., unless other provisions are made in the contract or specification.
The contractor shall also do the following without any extra compensation: (a) During and after completion of the work, all old and excess construction material shall be removed and piled up in a place designated by the Administration.
(b) The pavement, subgrade, gravel and dug-up soil must be sprinkled with water as often as necessary, but at least once every day to prevent dust.
(c) The laborers needed for leveling, measuring, etc., have to be furnished by the contractor, also all poles and gauging rods necessary for the work. Should he have no suitable help, he will have to pay the men furnished by the Administration for this purpose.
(d) The contractor shall keep at the construction places besides all tools and implements:
I. For Every Working Crew
(1) A guide made of boards durably constructed and corresponding to the profile of the street. This guide has to be approved by the engineer.
(2) If concrete is to be constructed, the necessary number of measuring boxes and mixing platforms.
II. For Every Place of Construction
(1) A straight-edge at least 10 feet long and 6 inches wide and a waterlevel.
(2) Two standardized measuring sticks, 17 feet long.
(3) If desired, a standardized scale used to determine the weight of cement.
These implements can be procured from or repaired by the Administration at the expense of the contractor if so desired.
The bituminous material used for filling joints and stopping under rails, shall be made fluid at the yards if possible. The fluid bitumen is to be transported in tightly closed kettles which are securely connected with the frame of the wagon. The transportation of hot fluid bitumen in receptacles carried in open ordinary wagons is not allowed.
Should it be necessary to heat the bitumen at the place of construction, tightly closed kettles are to be used, which are to be heated with dry wood and coke.
The arising of smoke during heating of tampers and smoothing-irons in coke ovens is to be prevented.
§ 12. Inspection of the Work and Cleaning of the Site.-The contractor shall appoint one or more technical men to supervise all work, measuring and leveling, according to the extent of the construction. He shall also appoint a foreman for every working gang.
He shall also furnish for every job one, for larger jobs two, uniformed laborers, whose duty it is to see that the site of the work is kept in an orderly condition.
It is the contractor's duty to have the place planked and lighted properly. This work has to be done by the uniformed laborers, who are distinguished by colored blouses and caps furnished by the contractor. The contractor shall pay a fine of 10 marks for every such laborer who is absent from work for any day or part thereof. This fine is to be deducted from the final payment. § 13. Closing of Street; Start and Progress of Work.-The contractor has to apply for the closing of the street, and he will be notified in due time. The work must be started on the day on which the closing of the street is effective.
The minimum day's work to be done, including the day of commencement, in the period from April 1st to October 1st, shall be for every place of construction: I. In an area up to 3000 square yards:
(a) 120 square yards of concrete work under R. R. tracks.
(b) 240 square yards of concrete work for foundation for asphalt pavements in streets with or without R. R. tracks.
(c) 360 square yards of asphalt pavement in streets with or without R. R. tracks.
II. In an area of 3000 to 6000 square yards: in all instances 50% more than specified under I.
III. In an area of more than 6000 square yards double the amount specified under I.
Should the progress of the construction not come up to the standard, or in exceptional cases, the Administration shall specify the number of laborers which shall be employed. The Administration reserves the right to fine the contractor 0.50 marks for every unit measure in deficiency of the prescribed amount to be constructed. These fines are to be subtracted from the balance in his favor.
The contractor shall work on Sundays and holidays, also during the night, if so desired by the Administration. He shall not receive any extra compensation for night or Sunday work. The cost of illumination during night work will be carried by the Administration, but the illumination of the construction place for the safety of the public is the duty of the contractor.
Should railroad tracks be laid or changed and this work be done by the Administration, it will be the endeavor of the Administration to have the operation progress as rapidly as the construction of the pavement. The contractor shall, however, not be entitled to any indemnification if, for any reason, this work shall be delayed or interrupted. All such delays, as well as those caused through unfavorable weather, shall be considered in the determination of a required day's work.
§ 14. Fines.-The Administration reserves the right to impose fines on the contractor for any violations of specifications, etc., which will be deducted from the payment of the security. These fines will be imposed:
If it is shown that the stakes are changed or removed by the contractor or his employes; in each individual case up to 3 marks.
If a gang of laborers is found to be without the necessary tools or implements, 5 marks for every tool and every day the tocl is not found at the place of construction.
If the inspection and supervision of the laborers and the cleaning of the site of the work are not done in accordance with § 12, in each individual case, 10 marks.
If the gravel is stored in violation of § 4-a and b, on the subgrade without a platform, or if any of the concrete mixture which drops from the mixing board is used in the concrete work, or if the traffic is obstructed through improper storing of the material-in each individual case, 10 marks.
If the constructed concrete is of a deficient thickness, in each individual case up to 20 marks.
If the fixed day's work is not kept up through lack of material or insufficient laborers, for every unit measure 0.50 mark.
If the excess of soil is carted to other places than ordered by the engineer, in violation of §1-4, for every load, 10 marks.
§ 15. Changing of the Building Plan.-The contractor has no right to any compensation if a change is decided upon or if the construction is interrupted by the order of the police.
§ 16. Acceptance of the Construction.-After completion of the construction, an inspection will be made before acceptance. The date of acceptance will be stated by the Administration. The contractor has to clean the pavement of any dirt, waste of construction material, etc., before the inspection. Should the pave ment show any deficiency, or should it be not free from gravel, dirt, etc., it will not be accepted, and the contractor is obliged to remedy these defects within the time allotted by the Administration.
Should the pavement not be accepted after the inspection, the Administration will fix the time for a second inspection, but not earlier than eight days from the first. Should it be shown at this second inspection that the contractor has not removed the deficiency, the Administration will appoint a third party to bring the pavement to the required condition. All costs arising from this shall be borne by the contractor.
§ 17. Opening to Traffic; Measurement of Pavement.-All adjoining cross streets have to be cleaned of dirt, coal, ashes and surplus construction material which originate with the contractor. Should the contractor fail to do this, it will be done by the Administration at the contractor's expense.
The finished pavement shall be measured in the presence of the contractor or his representative before the street is opened to traffic. The contractor shall make no protestation against the fixing of the price to be paid if he shall have failed to appear at the time the measurement was made.
The date of the opening of the street shall be set by the Administration. All paraphernalia used in closing the street to traffic shall be removed by the contractor.
§ 18. Calculation of the Asphalted Surfaces.-The surface of the rails, as also the rail area including ties, stones or wood blocks, is not calculated with the asphalted surface in pavements where the street railway area is constructed at the same time. On the other hand, all other surfaces in the roadway or sidewalk, like coverings for wells, gullies and openings of all kinds, water cocks, catchbasins, etc., are not deducted on account of the increased labor, providing each one of these coverings is smaller than 1.2 square yards. If in the above-mentioned case the changes or alterations are made by other departments before completion of the work, no compensation will be given for loss of time.
No compensation will be allowed for connections on stones, ties and the filling out of cavities of the rails with stones unless specified in the estimate. Should it be necessary to remove any existing asphalt pavement in order to make the proper connection, the contractor will bear the cost of the removing and relaying of the pavement, or he will have to secure permission of the contractor holding the maintenance contract for its removal and reconstruction.
(a) It is the contractor's duty to use strong horses only for the drawing of wagons provided by him. Vehicles drawn by lame or sick horses will be ordered away from the place of construction by the Administration, and the contractor is required to replace them with strong and healthy animals; otherwise the Administration will furnish them at the contractor's expense.
(b) Additional horses shall be kept for loaded wagons drawn on unfinished streets or the drivers shall be instructed to assist each other. The contractor shall take care that the joints existing between the unfinished and the adjoining
pavement shall be covered with boards. If during unloading of soil, sand or grave! the wheels of the wagon become covered or their free motion prevented, the obstacle shall be removed before the empty wagons attempt to drive away.
The contractor shall see that all rough treatment and cruelty to animals is avoided and shall instruct the inspectors to enforce this rule.
The Administration reserves the right to fine from 10 to 30 marks drivers or their assistants who do not comply with this rule. The contractor shall guarantee the payment of this fine, which may be deducted from his security, and he will be notified of the imposing of such fine. The number of the wagon and the time of the incident shall be sufficient identification of the violator.
§ 20. Maintenance of the Pavements.-The time of maintenance for asphalted footways will extend from the day of completion for one year, which will start from the 1st of April following the acceptance of the street. This maintenance will be enforced on the newly laid surface.
The time of maintenance for asphalt pavements for roadways will start from the day of completion and will extend for a period of twenty years, which will start from the 1st of April after the acceptance of the street.
(a) Reduction of Area
If during the payment period of maintenance the contractor is relieved from maintaining the entire cr a part of the street area paved under this contract, or if the obligation to defray the cost of maintenance is transferred in whole or in part from the city to a third person, then payment shall be made to the contractor on the original unreduced area to the end of the month in which the reduction or transfer of obligation has taken place, this payment to be based upon a monthly rate equal to 1/12 of the yearly rate stipulated.
(b) Form of Maintenance
It is the contractor's duty to keep asphalt pavements, as well as the concrete foundation in streets constructed by him in a good safe condition during maintenance period. All necessary repairs or alterations to the pavement or foundation are to be carried out during the daytime. Should the contractor deem it necessary to make repairs at night on account of advanced seasons or because of traffic, he will have the necessary permission from the Administration. Should the condition of the streets be dangerous and it be too late to ask permission to do night work, the contractor shall do the work immediately and notify the Administration next morning.
The contractor shall also make all repairs and changes, if decided upon by the Administration, during the night without extra compensation.
The asphalt pavement shall not show any faulty spots, cracks or holes. It shall fit snugly about rails, hydrants, catch-basins, manholes, etc., provided they are fastened securely, which will be determined by the Administration.
The surface of the asphalt shall be the same height as the aforementioned rails, hydrants, etc. The top surface of the asphalt must be even and regular to insure proper drainage of water. It shall therefore not contain any irregularities higher than 4 of an inch and shall be so constructed that a straight-edge 34 feet long will show no larger irregularities than 4 of an inch. The contractor shall inform himself of the proper condition of the pavement and shall remove any faults without notice from the Administration. The contractor shall notify the Administration of any contemplated repairs, in writing, and state the time of commencement of such repairs. In urgent cases a later notification is permitted.
In 20-year maintenance contracts the asphalt pavements and concrete foun.