(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRACT. The agreement entered into between the city and the contractor governing the performance of the work and furnishing of the proper materials to be used in construction of the sidewalk specified in the ordinance locating same.
CONTRACTOR. Any contractor or firm of contractors or any member of a firm contracting for work, or any corporation undertaking a contract.
ENGINEER. The City Engineer or his authorized agent employed by the city.
PLANS. All drawings and profiles or reproductions thereof which have been made for the purpose of truly representing the construction to be completed on the work designated and made b part of the ordinance locating said sidewalk.
SPECIFICATIONS. Provisions and requirements retaining to the proper performance of the work to be done and materials to be used to complete the work specified in the ordinance locating such sidewalk. All sidewalks built within the city shall comply in all respects with the following specifications:
(B) Specifications.
Thickness. The sidewalk slab shall be four inches thick in residential districts and six inches thick in the business districts.
Width. The width of all permanent sidewalks shall be established by the ordinance locating the same.
Grade. All sidewalks shall be laid, constructed and built so as to conform in all respects when completed to the grades heretofore established by the provisions of this code, or which may be established by the ordinance locating the said sidewalk.
Subgrade. The subgrade shall be evenly tamped or rolled until thoroughly compacted and as near as practicable have uniform density throughout. The subgrade shall be brought to the lines, grade and cross- section as shown on plans and which are made a part of the ordinance locating said sidewalk. All soft and unstable material which will not compact readily shall be removed as directed and replaced with suitable material. Wherever filling is required it shall be made with suitable material and compacted thoroughly by rolling or tamping. Fills exceeding 12 inches in depth shall be settled and compacted in a manner suitable to the City Engineer.
Forms. Side forms shall be of lumber, 1¾-inches thick or of steel of equal rigidity. They shall be set with exactness to the required grade and alignment and held securely in place by stakes or braces. The forms for the sidewalks shall be so set that the slab will have a fall of one-inch vertical to four-feet horizontal from the edge nearest the property line toward the edge farthest from the property line. After the forms are set the subgrade shall be tested with an approved template to insure the specified cross- section.
Mixing. The concrete shall be mixed only in the quantity required for immediate use. Concrete which has been mixed longer than 30 minutes, or which has developed initial set shall not be used. Retempering concrete by adding water or by other means will not be permitted. No materials containing frost or lumps of hardened materials shall be used.
The aggregates and the cement shall be thoroughly mixed in an approved batch mixer for a period of not less than one minute. The water shall be introduced in a uniform manner during the first 15 seconds of the mixing period. The mixing time may be extended if necessary to obtain thorough mixing and uniform consistency. Any concrete mixed less than the specified mixing time shall be rejected and shall be disposed of by the contractor at his expense. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. The volume of material mixed per batch shall not exceed the manufacturer's rated capacity of the drum in cubic feet of mixed concrete. The batches shall be so designed that they will not require fractional bags of cement.
Hand mixing will not be permitted except in case of emergency and then only with the written permission of the Engineer.
Consistency of Concrete. The mixture shall contain no more water than is necessary to produce a concrete which is workable and plastic and shall have a slump of not less than two inches nor more than six inches.
Placing and Finishing. The subgrade shall be adequately moistened just before the concrete is placed. The concrete shall be placed in successive batches for the entire width of the slab, struck off from ½-inch to ¾-inch higher than the finished slab, tamped until all voids are removed and free mortar appears on the surface, thoroughly spaded along the edges, struck off to a true grade, and finished to a true and even surface with suitable trowels and floats. Use of metal trowels will be prohibited. The surface shall be divided into rectangular slabs with division plates which shall be removed after the concrete has hardened sufficiently to avoid breaking the edges of the slab. The length of each slab shall be the same as the width of the sidewalk established by the ordinance locating said sidewalk. The edges of the slabs shall be edged with an edging tool rounded to a radius of ¼-inch. The operations of depositing, com pacting and spading shall be conducted so that the concrete, after the removal of the forms, will be free from aggregate pockets and honey comb. All exposed surfaces shall be uniformly smooth, dense and free from projections. All unexposed surfaces shall be dense and free from excessive depressions or projections. All concrete which does not meet these requirements shall be removed and replaced by the contractor, or shall be repaired as directed by the Engineer.
Expansion Joints. Expansion joints one-inch thick shall be placed at intervals of one 100 feet in the sidewalk, and between driveway pavement and sidewalk. Expansion joints ½-inch thick shall be provided between the sidewalk and all structures such as light standards, traffic light standards, trolley poles and manholes, which extend through the sidewalks. Expansion joints shall consist of bituminous premolded expansion joints consisting of bitumen, felt and mineral. It shall be of such character that it will not be deformed by ordinary handling during hot weather, nor become brittle in cold weather. It shall be of the dimensions shown on the plans which are made a part of the ordinance locating said sidewalk.
Curing. As soon as the pavement has been finished as specified herein, it shall be protected against rapid drying by covering with burlap, laid directly upon the surface as soon as the concrete has hardened sufficiently to prevent marring the surface. The burlap covering shall be applied wet and shall be kept wet until removed by applying water in the form of a spray. In no case shall a solid stream of water be directed on the burlap. Not earlier than 24 hours after the concrete is placed, the burlap covering shall be removed and the sidewalk cured by a method suitable to the Engineer.
Placing Concrete in Cold Weather. Concrete may be mixed or placed when the air temperature in the shade and away from artificial heat is 40° F., and falling only with the written permission of the Engineer. Necessary precautions shall be taken to protect the work from freezing. In no case shall concrete be deposited upon a frozen subgrade.
Subdrains. In case of subgrades which are continually wet, and which, in the opinion of the Engineer do not insure a well-drained foundation, a line of tile shall be laid parallel to the walk on the uphill side to intercept the seepage. In cases where tiling is impracticable or impossible, and when special preparation for drainage is necessary the subgrade shall consist of a four-inch foundation of cinders, gravel or similar material.
Upon all questions concerning the execution of the work, concerning the interpretation of these specifications and concerning the measurement and classification of the work, the decision of the City Engineer shall be final and binding.
Composition of Concrete. The proportions of cement, fine aggregate, course aggregate and water will be determined by the Engineer, before the work begins so as to produce a workable plastic concrete having a compressive strength of not less than 3,500 pounds per square inch, and a modules of rupture of not less than 650 pounds per square inch at the age of 14 days when tested by standard methods. This determination will be based upon the tests of the aggregates selected by the contractor for use in the work. The quantities of aggregates for each batch of concrete shall be measured by weight.
The Engineer reserves the right to determine as the work progresses, the proportions of cement, water and the aggregates actually furnished which will produce workable plastic concrete having the strength specified herein.
The Engineer may, at his discretion, permit the contractor to proportion the aggregates for the concrete for a limited extent of sidewalk by volume. In proportioning by volume the unit of measurement shall be one cubic foot. One sack of cement (94 pounds) shall be considered as equal to one cubic foot. Aggregates shall be measured separately by volume, using measuring devices approved by the Engineer. The volume of fine or course aggregate shall be based upon dry loose materials.
Cement. All cement used shall be American Portland Cement conforming to the requirements of the “Standard Specifications for Portland Cement, A.S.T.M. Designation: C.9-30.”
Cement shall be sampled and tested as provided in the “Standard Methods of Testing Cement, A.S.T.M., Designation C.77-30,” except that on small, isolated jobs, the cement shall conform to requirements determined by the City Engineer. Different kinds or brands of cement, or cement of the same brand from different mills, shall not be mixed during use, except as directed by the Engineer. Different kinds or brands of cement, or cement of the same brand from different mills, shall not be used alternately in any one class of construction.
If it is necessary to store cement after its arrival on the work, the contractor shall provide an approved weather-proof means of storage acceptable to the Engineer. Cement showing deterioration after being in storage shall be rejected and replaced by the contractor.
Water. Water for use in cement or mortar shall not be salty or brackish and shall be free from oil, acid, injurious alkali or vegetable matter. Water from suspected sources shall not be used until tested and approved by the City Engineer.
Fine Aggregate. Fine aggregate shall consist of sand having hard, strong, durable particles and shall conform to the requirements of these specifications:
Fine aggregate shall be sampled in accordance with the “Methods of Sampling Stones, Slag, Gravel, Sand and Stone-Block for use as Highway Materials, Tentative Method T-2” of the A.A.S.H.O.
Fine aggregate must be free from loam clay and injurious amounts of organic impurities and at the time of its use be free from all foreign material such as burlap, paper, wood, or dirt stock piles of fine aggregate shall be built in such a manner so as to prevent segregation, and insure reasonable uniform graduation throughout the pile.
Fine aggregate shall be well graded from course to fine and, when tested by means of laboratory sieves, shall conform to the following requirements:
(A) Fine aggregate for concrete:
Passing a 3/8-inch sieve 100%
Passing Number 4 sieve 95% -100%
Passing Number 8 sieve 70% - 90%
Passing Number 16 sieve 45% - 75%
Passing Number 50 sieve 5% - 20%
Passing Number 100 sieve 5/8% - 5%
(B) Fine aggregate for mortar:
Passing Number 8 sieve 100%
Passing Number 50 sieve 15% - 40%
Passing Number sieve 0% - 10%
Both laboratory and field sieves shall have square openings.
Course Aggregate.
Course aggregate shall consist of crushed stone or gravel having hard, strong, durable pieces, free from adherent coating and conforming to the requirements of these specifications.
Course aggregate shall be sampled in accordance with the “Methods of Sampling Stone, Slag, Gravel, Sand and Stone-Blocks for use as Highway Material, Tentative Method T-2” of the A.A.S.H.O.
Course aggregate shall be free from loam, clay, and injurious amounts of organic impurities and at the time of its use be free from all foreign matters such as burlap, paper, wood or dirt which may have become mixed with it. Stock pile shall be so constructed as to prevent caning. Separate stock pile shall be provided for crushed stone and gravel.
Course aggregate, at the time it is proportioned shall be well graded between the limits specified and shall conform to the grading requirements given below. Aggregates in which the different sized particles, have become segregated due to improper stockpiling, improper handling, or for other reasons shall, before being proportioned be remixed in such manner that they will conform to the grading requirements specified herein.
Passing 1½-inch sieve 100%
Passing 1-inch sieve 60% - 90%
Passing ¾-inch sieve 40% - 75%
Passing ½-inch sieve 10% - 30%
Passing No. 4 sieve 0% - 5%
Both laboratory and field sieves shall have square openings.
Sidewalks Over Vaults and Basements.
For the construction of sidewalks over vaults and basements a plan and design shall be submitted to the City Engineer for approval before the contractor shall start work.
All such sidewalks shall not be less than six inches thick and conform to the foregoing specifications as to material and mixtures.
Reinforcement steel shall be of clean new stock, free from kinks, defects and bends not required by the plans, and free from mill and scale rust. The bars shall be wired together at all contact points over six inches apart with an annealed iron wire of diameter not less than No. 18 gauge, or by suitable clips. The bars shall be supported firmly by metal chairs or hangers while the concrete is being poured.
The cross-sectional area and weight per lineal foot for steel reinforcing bars shall be as follows:
Square Inch Pounds Per Foot
Size and Shape (Inches) Area Weight
¼ round .05 .167
3/8 round .11 .376
½ round .20 .668
½ square .25 .850
5/8 round .31 1.043
¾ round .44 1.502
7/8 round .60 2.044
1 square .79 2.670
1 square 1.00 3.400
11/8 square 1.27 4.303
¼ square 1.56 5.313
Structural steel, including angles, I-beams, columns, lintels and all other structural steel required shall conform to the requirements of “Specifications for Structural Steel, Serial Designation A-9-29” of the American Society for Testing Materials.
The design for sidewalks over vaults and basements shall be for a safety factor of three.
Protection of Work. The contractor shall erect and maintain suitable barriers to protect the sidewalk from traffic. All work while in progress must be protected from injury from sun, rain and other causes. Damage from traffic or other causes, prior to official acceptance of the work, shall be cause for replacing the damaged areas by the contractor, at his expense.
Protection to Public. The contractor shall take all precautions that may be necessary to make the work secure and decrease the possibilities of accidents from any cause. He shall maintain barricades and signals at all holes, trenches or dangerous places and shall comply with all provisions of this code in relation to construction work. The contractor will be held responsible for all accidents and shall give and agree to indemnify and protect the city from all suits, claims, and actions against the city, and all costs and damages which the city may be put to by reason of any injury to the person or property of another, in the construction of the work provided for in the ordinance locating said sidewalk, or the performance of the work therein provided for, or in guarding same, or for any material used in its prosecution or its construction, including court costs and attorney's fee, and said contractor agrees to procure suitable and sufficient insurance in responsible companies written so as to protect the owner against all such suits, claims, actions, damages and costs, including compensation insurance to employees of said contractor, pursuant to the statutes in such case made and provided, and said bonds shall be conditioned accordingly.
Performance Bond. The contractor shall furnish a bond with sureties to the satisfaction of the city in the penal sum equal to 100% of the amount of the contract, conditioned upon the faithful performance of his contract, and upon the payment of all persons supplying labor and furnishing materials, and to indemnify and save harmless the city against all liabilities, judgments, costs, damage or expense which may in any wise accrue against said city, in consequence of the granting of such contract or which may in any wise result from the carelessness, neglect or default of the contractor, his agents, assignees, subcontractors, employees, or workers, or any of them in any respect whatever.
The contractor shall take all necessary precautions to avoid damaging structures contiguous to the work. Any damage done to any structure caused by or resulting from the work or neglect of the contractor shall be immediately placed in a safe condition and repaired and replaced in a permanently safe condition free of cost or liability on the part of the city.
Utilities. The contractor shall take all necessary precautions to avoid damaging pipes, conduits, wires and other property belonging to others which may be encountered in the prosecution of the work. If it becomes necessary to maintain or remove and replace any such property, the contractor shall immediately make arrangements with the owner or owners of the utilities to perform the required work.
Line and Grade Stakes. The contractor shall carefully preserve all stakes set for lines, grades or measurements of take work in their proper places and in case of wilful or careless destruction of same, the contractor shall be charged with the expense of replacement.
Any work done without lines and grades given by the City Engineer or done without the supervision of the Engineer may be ordered removed and replaced at the contractor's expense.
Contractor's Default; Forfeiture of Contract. The work herein specified shall be prosecuted with such force as the City Engineer may deem adequate to its completion within the time specified. If the rate at which work is performed is not, in the judgment of the City Engineer, for its completion within a specified time, or to in any event, the contractor fails to proceed with the work in accordance with the requirements and conditions of these specifications, the city shall have full right and authority to take the work out of the hands of the contractor and to employ other workmen to complete the unfinished work, or to relet the same to other contractors, and to deduct the expense occasioned by such default from any money that may be due and owing to the contractor.
If the work be wholly or in part improperly constructed, the city shall have the right to order the entire reconstruction of the same, and in case the contractor shall default or refuse to reconstruct any work improperly done, declare said work forfeited either as to a portion or the whole and to relet the same. In event of such default or forfeiture the city shall have the right to adjust the difference of damage or price (if there by any), which, according to a just and reasonable interpretation of these specifications and the contract as a whole, the contractor should pay to the city as damages for failure to properly commence and prosecute or to properly construct said work in all respects according to the conditions hereinbefore specified, or if for any other default; and it is hereby understood and agreed that for the amount of damage or price determined by the city to be paid to the city by the contractor for any such default, or for any money paid out by the city on account of the contractor, in consequence of any such default, there shall be applied in payment thereof a like amount of any money that may be due and owing to the contractor on account of said work so far as there may be any such moneys and so far as the same shall be sufficient; and if there shall not be a sufficient amount retained from said contractor, then in such case the amount to be paid to the city in consequence of such default shall be a just claim against the contractor and be recovered from him at law, in the name of the city before any court of competent jurisdiction, either by suit upon his bond or otherwise.
In case the City Engineer deems it necessary to declare any portion or section of the work forfeited, it is expressly stipulated and understood that such declaration of forfeiture shall not in any manner relieve the contractor from the covenants and conditions of the contract for said work, but the same shall remain valid and binding on said contractor.
In case the contractor abandons or in any manner fails to complete the work within the time herein specified, the city is authorized and empowered to pay any laborer who has been employed by the contractor upon the said work, the amount due such laborer out of any funds due the contractor or its intention to do so. In every such case, the City Clerk of the city is authorized and empowered to ascertain in such a manner and upon such proofs as he may deem sufficient the amount due any such laborer from the contractor without giving any notice of such proceeding to the contractor. The amount so found to be due such laborer shall be final and conclusive as against the contractor and may thereafter be paid over to such laborer by the city.
Assignment of Work. No part of the work herein specified shall be assigned without the written consent of the city, and in no case shall such consent relieve the contractor or his surety from the obligations herein entered into or change the terms of the agreement.
Character of Workers and Equipment. The contractor shall employ only competent and efficient labor, mechanics, or artisans, and whenever, in the opinion of the Engineer, any employee is careless or incompetent, or obstructs the progress of the work or conducts himself improperly, the contractor shall, upon the request of the Engineer, discharge or otherwise remove him from the work and shall not employ him again, except with the consent of the Engineer.
All machinery and equipment owned or controlled by the contractor which is proposed to be used by him on the work, shall be of sufficient size and in such mechanical condition as to meet with the requirements of the work and to produce a satisfactory quality of work. The Engineer may order the removal of any unsatisfactory equipment and require its replacement with equipment meeting his approval.
Maintaining Traffic. The contractor shall make suitable provisions for free passage of vehicles and pedestrians along the location of the work unless otherwise permitted by the City Engineer. He shall afford ready access to all fire hydrants and water valves. The contractor shall not obstruct the gutter or any street contiguous to the work, nor prevent in any manner the flow of water in the same.
Guarantee. The contractor will be required to give a one year guarantee bond acceptable to the Council to keep the sidewalk in repair for said term.
Increased or decreased quantities. Whenever the quantity of any item or work as given in the proposal shall be increased or decreased, payment shall be made on the basis of the actual quantity completed at the unit price for such item named in the proposal.
Walk built by private contract. No walk may be built by the owner of any lot or parcel of land touching upon a sidewalk, without having the construction of same supervised by the City Engineer.
Supervision. If the City Engineer or his authorized representative shall point out to the contractor any neglect or disregard of the specifications such defect shall at once be remedied and further defective work be at once discontinued Whenever the contractor is not present on the work, direction or orders given by the City Engineer to any superintendent or overseer, who may have charge of any particular work, shall be received and obeyed the same as if given to the contractor.
('71 Code, § 9-3-12) Penalty, see § 97.999