NYC DOT Highway Specifications 291
5/16/2022
SECTION 5.05 – Maintenance
(A) CONTRACTOR TO STAY INFORMED OF CONDITIONS OF PAVEMENT
The Contractor must stay informed of the condition of the curbs, sidewalks, roadway pavement, gutters,
headers, trees and other structures which are under maintenance, and will be required to keep the same
in repair or make replacements without notice from the Commissioner. In case of failure or neglect of the
Contractor to do so, then the Commissioner shall have the right to purchase such material as the
Commissioner shall deem necessary, and to employ such person or persons as the Commissioner shall
deem proper, and to undertake and complete said repairs or make said replacements by contract or
otherwise and to charge the expense thereof against the Performance Bond or any sum of money retained
by The City, as herein provided, and the excess cost to the Contractor, and the Contractor shall pay all
such expense to which The City may have been put by reason of the neglect of the Contractor to make
such repairs or replacements as aforesaid.
(B) CONTRACTOR TO MAKE REPAIRS OR REPLACEMENTS
1. The Contractor shall immediately repair or make good to the satisfaction of the Engineer
all disintegration, cracks, bunches, waves, deteriorations and defects of every nature, or
settlements or depressions in the pavement, pavement base, subgrade material, headers, curb,
sidewalk, gutters and other structures, which shall occur at any time during the maintenance period.
The City will repair all defects for which, in the opinion of the Engineer, the Contractor is not
responsible.
2. Where a settlement, depression, or defect in the pavement, pavement base, subgrade
material, headers, curb, sidewalk or other structure is a result of backfilling not placed under this
contract, as certified by the Engineer; or is caused by settlement of the backfill which is not due to
the failure of the Contractor to comply with the requirements of the specifications but is due to the
unstable condition of the soil underneath the backfill, as certified by the Engineer; the Contractor
shall not be responsible for the restoration of such settled pavement, pavement base, subgrade
material, headers, curb, sidewalk or other structure over such settled area to the original grade.
The Contractor shall, however, repair all other defects to the satisfaction of the Engineer.
3. The Contractor shall remove and replace all trees under maintenance which die or, in the
opinion of the Engineer, seem unhealthy, stunted or unable to flourish, within the period of
maintenance, except as otherwise provided, and replace said trees with new trees of the same size
and species as originally planted, except when such death, unhealthiness, stunting or inability to
flourish is due to vandalism or damage resulting from causes over which the Contractor has no
control, as certified by the Engineer. However, the Engineer may, at the Engineer’s discretion,
direct a substitution of species.
(C) PERIOD OF MAINTENANCE
The period of maintenance, except for trees planted or transplanted and otherwise provided, shall be for a
period of eighteen (18) months after the date of substantial completion as certified by the Engineer. The
period of maintenance for each individual tree planted or transplanted shall begin upon planting or
transplanting and shall end twenty-four (24) months thereafter. The Contractor shall obtain the said
certificate from the Department of Parks and Recreation, in writing, and file such certificate with the
Engineer.
(D) MAINTENANCE NOT TO TERMINATE IN WINTER MONTHS
When the period of maintenance for the work, other than the work of planting or transplanting trees, shall
terminate within the months of December, January, February and March, the said months, or such part
thereof as the Commissioner may determine, shall not be included in the computation of the period of
maintenance during which the said work is to be kept in repair by the Contractor, and also, in that case, the
payment to be made under the provisions of this contract shall not be made before the first of April next
thereafter, unless otherwise specifically permitted by the Commissioner.
When the termination date of the period of maintenance for planted or transplanted trees shall fall outside
the planting periods specified in Section 4.16, hereof, the interval between the said termination date and
next planting period thereafter, or such part as the Commissioner may determine, shall not be included in
the computation of the period of maintenance during which the replacement of defective trees is to be made