The numbered divisions of these specifications are herein designated as “sections,” each being referred to by the number standing at its beginning. Where reference is herein made to any such section number it shall be considered equivalent to a quotation of that section.
The plans and drawings relating to this work, on file in the office of the City Engineer are designated as ...
1. Authority.—Wherever, in these specifications, the words, the City, are used, they shall be understood to refer to the duly constituted municipal government of the city of ... or its authorized agents, acting within the authority specifically conferred upon them by the said municipal government.[[1]]
Wherever, in these specifications, the words, the Engineer, shall be used, they shall be understood to refer to the City Engineer of said city, or his deputies or assistants, acting within the authority conferred upon them by the City Engineer.
But no agent of the city shall have power to revoke, alter, enlarge or relax the stipulations or requirements of these specifications, except in so far as such authority may be specifically conferred in or by the specifications themselves, without the formal authorization so to do, conferred by the contract of which these specifications are a part, or by ordinance, resolution or other usual official action of the city.[[2]]
2. Interpretation.—In case of any actual or alleged disagreement or discrepancy between the contract, these specifications, and the plans for the work on file in the office of the Engineer, the language and provisions of the contract shall take precedence and prevail; and the Engineer shall determine in each case whether the specifications or the plans shall be followed.
3. The Engineer shall have the right to make such changes in the plans and specifications of the work as he may deem necessary or desirable or to provide for unexpected conditions or contingencies that may develop at any time after the signing of the contract, or during the progress, or before the final acceptance of the work; provided that all such changes do not involve an aggregate increase or decrease in the cost of the work, as shown by his estimates, of more than ten (10) per cent. The contractor shall accept such changes when made, as a part of the original contract and specifications, subject to all the provisions and conditions thereof. But before any such changes shall become valid and before the contractor shall begin the particular work involved in such changes, the increased or decreased cost of the work by reason of such changes, above or below what it would have been under the original plans and specifications, shall be agreed upon in writing between the engineer and the contractor. And when the whole work, including such changes, shall have been completed and accepted by the engineer, the sum or sums so agreed upon shall be added to or deducted from the sum that would have been due the contractor if no such changes had been made.
4. Quality of Material and Work.—The judgment and decision of the Engineer as to whether the materials supplied and the work done under this contract comply with the requirements of these specifications, shall be conclusive and final. No material shall be used in the work until it has been examined and approved by the Engineer, or his authorized agents. All rejected material must be promptly removed from the work and replaced with that which is acceptable to the Engineer, and all improper or defective work must be corrected, and, if necessary, removed and reconstructed so as to comply with these specifications and the instructions of the Engineer.
In all matters of detail not specifically covered by the specifications the work shall be well and skillfully done in accordance with the best trade or art customs and standards for work of like character and purpose.
5. Inspection.—The Engineer may provide for the inspection, by assistants and inspectors under his direction, of all materials used and all work done under this contract. Such inspection may extend to all or any part of the work, and to the preparation or manufacture of materials to be used, whether within the limits of the work on the street, or at any other place. The Engineer and his inspectors shall have free access to all parts of the work, including mines, quarries, manufactories, or other places where any part of the materials to be used is procured, manufactured or prepared. The Contractor shall furnish the Engineer all information relating to the work and the material therefor which the Engineer may deem necessary or pertinent, and with such samples of materials as may be required. The Contractor shall, at his expense, supply inspectors with such labor and assistance as may be necessary in the handling of materials for proper inspection. Inspectors shall have authority to reject defective material and to suspend any work that is being improperly done, subject to the final decision of the Engineer. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of these specifications without the written permission or instruction of the Engineer; nor to delay the Contractor by failure to inspect materials and work with reasonable promptness.