This article may include words that may be in dispute or ambiguous such as: Board of Trustees, Elevation, City, Contractor, Rock, Earth, etc., etc.
2. Disputes. To prevent disputes and litigations, the Engineer shall in all cases determine the amount, quality, and acceptability of the work which is to be paid for under the contract; shall decide all questions in relation to said work and the performance thereof, and shall in all cases decide every question which may arise relative to the fulfillment of the contract on the part of the Contractor. His determination, decision and estimate shall be final and conclusive, and in case any question shall arise between the parties touching the contract, such determination, decision, and estimate shall be a condition precedent to the right of the Contractor to receive any moneys under the contract.
3. Duties of the Engineer. The Engineer shall make all necessary explanations as to the meaning and intentions of the specifications and shall give all orders and directions, either contemplated therein or thereby, or in every case in which a difficulty or unforeseen condition shall arise in the performance of the work. Should there be any discrepancies in or between, or should any misunderstanding arise as to the import of anything contained in the plans and specifications, the decision of the Engineer shall be final and binding. Any errors or omissions in plans and specifications may be corrected by the Engineer, when such corrections are necessary for the proper fulfillment of their intentions as construed by him.
4. Duties of the Contractor. The Contractor shall do all the work and furnish all the labor, materials, tools and appliances necessary or proper for performing and completing the work required by the contract, in the manner called for by the specifications, and within the contract time. He shall complete the entire work at the prices agreed upon and fixed therefor to the satisfaction of the Commission and its Chief Engineer and in accordance with the specifications, the drawings, and such detailed drawings as may be furnished from time to time, together with such extra work as may be required for the performance of which written orders may be given and received as hereinafter provided.
The Contractor shall place sufficient lights on or near the work and keep them burning from twilight to sunrise; shall erect suitable railings, fences or other protections about all open trenches, and provide all watchmen on the work, by day or night, that may be necessary for the public safety. The Contractor shall, upon notice from the Engineer that he has not satisfactorily complied with the foregoing requirements, immediately take such methods and provide such means and labor to comply therewith as the Engineer may direct, but the Contractor shall not be relieved of this obligation under the contract by any such notice or directions given by the Engineer, or by neglect, failure, or refusal on the part of the Engineer to give such notice and directions.
The Contractor shall furnish such stakes and the necessary labor for driving them as may be required by the Engineer. He shall maintain the stakes when set, with reasonable diligence, and stakes misplaced due to the carelessness of the Contractor or his workmen shall be reset under the direction of the Engineer, at the Contractor’s expense.
5. Night, Sunday, and Holiday Work:[[78]] No night, Sunday, nor holiday work requiring the presence of an engineer or inspector will be permitted except in case of emergency, and then only to such an extent as is absolutely necessary and with the written permission of the Engineer; provided that this clause shall not operate in the case of a gang organized for regular and continuous night, Sunday, or holiday work.
6. Absence of Engineer or Inspector. Any work done without lines, levels, and instructions having been given by the Engineer or without the supervision of an assistant or inspector, will not be estimated or paid for except when such work is authorized by the Engineer in writing. Work so done may be ordered removed and replaced at the Contractor’s sole cost and expense.
7. Absence of Contractor. During the absence of the Contractor he shall at all times have a duly authorized representative on the work. The Contractor shall give written notice to the Commission of the name and address of said representative and shall state where and how such representative can be reached, at any and all hours, whether by day or night.
Whenever the Contractor or his representative is not present at any place on the work where it may be necessary to give orders or directions, such orders or directions will be given by the Engineer and they shall be received and promptly obeyed by the superintendent or foreman who may have immediate charge of the particular work in relation to which the order may be given.