Page:United States Statutes at Large Volume 72 Part 1.djvu/551

 72 S T A T. ]

PUBLIC LAW 8 5 - 6 9 4 - A U G. 6, 1968

509

a railroad siding: Provided further, That in connection with the highway-planning survey, involving surveys, plans, engineering, and economic investigations of projects for future construction in the District of Columbia, as provided for under section 10 of the Federal Aid Highway Act of 1938, and in connection with the construction of | | ^^^ l'^'^^' Federal-aid nighway projects under section 1(b) of said Act, and lausc/ifb* highway-structure projects financed wholly from the highway fund, this appropriation and the appropriation "Operating expenses, Department of Highways" shall be available for the employment of engineering or other professional services by contract or otherwise, and without regard to section 3709 of the Revised Statutes and the civil- "^^ ^®^ ^• service and classification laws, and section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), and for engineering and incidental expenses: ^° ^*"*' *^°' Provided further, That this appropriation and the appropriation "Operating expenses, Department of Highways" shall be available for the construction and repair of pavements of street railways, in accordance with the provisions of the Merger Act (47 Stat. 752), and go^'note.^'^'** ^' the proportion of the amount thus expended which under the terms of the said Act is required to be paid by the street-railway company shall be collected, upon the neglect or the refusal of such street-railway company to make such payment, from the said street-railway company in the manner provided by section 5 of the Act of June 11, 1878, and D?c^*codi"7.*604. shall be deposited to the credit of the appropriation for the fiscal year in which it is collected: Provided further, That in connection with projects to be undertaken as Federal-aid projects under the provisions of the Federal Aid Highway Act of December 20, 1944, as amended, the Commissioners are authorized to enter into contract or 58 s^yu. |38.^ contracts for those projects in such amounts as shall be approved by the Bureau of Public Roads, Department of Commerce: Provided further, That the Commissioners are hereby authorized to construct grade-crossing elimination and other wholly District construction projects or those authorized under section 8 of the Act of June 16, 1936 (49 Stat. 1521), and section 1(b) of the Federal Aid High23 USC 24a. way Act of 1938, as amended, in accordance with the provisions of 23 USC 4ib. said Acts, and this appropriation may be used for payment to contractors and other expenses in connection with the expenses of surveys, design, construction, and inspection pending reimbursement to the District of Columbia by the Bureau 01 Public Roads, Department of Commerce, or other parties participating in such projects, reimbursement to be credited to the appropriation from which payment was made: Provided further, That the Commissioners are authorized to fix or alter the respective widths of sidewalks and roadways (including tree spaces and parking) of all highways that may be improved under appropriations contained in this Act: Provided further, That no appropriation in this Act shall be available for repairing, resurfacing, or paving any street, avenue, or roadway by private contract unless the specifications for such work shall be so prepared as to permit of fair and open competition in paving materials as well as in price: Provided further, That in addition to me provision of existing law requiring contractors to keep new pavements m repair for a period of one year from the date of the completion of the work, the Commissioners shall further require that where repairs are necessary during the four years following the said one-year period, due to inferior work or defective materials, such repairs shall be made at the expense of the contractor, and the bond furnished by the contractor shall be liable for such expense: Provided further, That this appropriation and the appropriation "Operating expenses. Department of Highways" shall be available for advance payments to Federal agencies for work to be performed, when ordered by the Commissioners,

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