GENERAL SPECIFICATIONS FOR EXPERIMENTAL OR UNTRIED PAVEMENTS[[71]]
123. Contractors or promoters submitting proposals for the construction of new, experimental, or special street pavements, the merits of which have not been established by experience in the city of ..., must submit with their proposal a full and complete set of specifications for the construction of the pavement. If contract shall be awarded under said proposal, said specifications will be made a part of the contract entered into. The Engineer will enforce compliance with these specifications, as the construction work proceeds, without assuming or incurring any responsibility for the character, quality, serviceability or durability of the resulting pavement. But the Contractor shall be subject to and shall comply with the requirements and stipulations of Sects. 1 to 25, inclusive, of these specifications.
124. Special Guaranty.[[72]]—Inasmuch as the pavement to be constructed under the special specifications submitted by the Contractor is more or less of an experimental character, having not been heretofore used in the city of ... to an extent sufficient to establish its value, the Contractor shall be held wholly responsible for the utility, serviceability and durability of the pavement so constructed; and he shall enter into a guaranty to the effect as follows:
That the pavement will fulfill all the usual and legitimate requirements of a satisfactory roadway pavement upon the street upon which it is to be laid.
That the pavement will successfully serve and endure the travel to which the street may be subjected for a period of ... years next following the date of the certificate of its completion and acceptance, and shall be in good condition at the end of that period, ordinary and reasonable wear and tear, and accidental or other injuries not due to defects in the pavement itself, excepted.
That the Contractor will, at his own cost, keep the said pavement in satisfactory repair during said period of ... years, and will leave it in a condition of satisfactory repair at the end of that period.
That the Engineer, or his successor or successors in office, shall be the sole and final judge as to whether the conditions of this guaranty shall be, or shall have been complied with.
That in case the pavement shall not, in the judgment of the Engineer, fulfill the terms and conditions of this guaranty at any time during said period of ... years, or upon its expiration; or in case the Contractor shall fail to make all or any of the repairs that may in the judgment of the Engineer be or become necessary during said period of ... years, within a reasonable period to be determined by the Engineer, but not to be less than twenty (20) days after notice to make such repairs has been given him by the Engineer, he (the Engineer) may proceed to make or to have made such repairs, or to repave the street, in any manner that he may deem necessary or advisable, and to charge the cost of such repairs or repavement to the Contractor, provided, that the sum or sums so charged against the Contractor shall not, in the aggregate, be more than the amount paid to the Contractor for the construction of the pavement.
125. Bond.—The Contractor shall give bond with sureties satisfactory to the Engineer in a sum not less than the estimated cost of the pavement at the contract prices, the term of the bond to extend over the entire period of ... years, for which the pavement is guaranteed.
126. During the said period of ... years the Contractor shall, upon being notified by the Engineer so to do, make any repairs to the pavement that may become necessary by reason of cutting into it for the purpose of constructing or repairing pipes, conduits or other underground structures, or street railroad tracks, or by reason of accidental or unusual causes, or of any causes other than those due, in the opinion of the Engineer, to the failure of the pavement to meet and fulfill the terms of the guaranty stipulated in Section 124. And for making such repairs the Contractor shall be paid the price of ... per square yard for the repairs actually so made. Repairs so made shall be subject to the terms of the guaranty, stipulated in Section 124, until the expiration of the said term of ... years after the date of the original certificate of completion and acceptance. In case the Contractor shall neglect or fail to make such repairs within a period of twenty (20) days after he shall have received notice to do so, the Engineer may proceed to make or to have made such repairs, and he shall charge to and collect from the Contractor the cost of the repairs so made.