Kims;:; <3^©»In MEMORY OF HENRY OGDEN AVERY ARCH ITE CT^K2y(5)K5KS)- BORN THIRTY- FIRST JANUARY M DCCC L II DIED THIRTIETH APRIL M DCCC LXXXX-CYe>> ^/©^s-HIS PARENTS SAMUEL P AVERY AND MARY OGDEN AVERY HAVE FOUNDED THIS REFERENCE LIBRARY OF ARCHITECTURE AN) DECORATIVE ART-^R- D C € C M€ >e oeneral Conditions or me ^ Contract Standard form of the Hmerican Institute of Hrcbitects Hrcbitects using the Standard General Conditions of the Contract are requested to read the note explanatory of the Documents on the second page of this cover, and especially the Hppendix to the General Conditions on the third page of this cover* Hs these Conditions and the Standard form of Hgreement have been drafted for conjoint use neither should be used without the other. A Copyrighted 1911 by Che Hmerican Institute of Hrcbitects Cdasbington, D. C. first Standard edition. 1 fries iui* A*#** »*+*»Afe^'"{nTSiTrT!TSt...: 7.1 i»ui r o c o o r r O © o o r o o r © c e o e o 0 o o o Co coco o c O o o c C © e o GOTO go o r o r * ** ® C C © f.«OC c 3 ]N~ otevrayp UimtSry of the Standard Documents The American Institute of Architects has been engaged for more than four years in an effort to improve the form of certain documents cur- rently used by architects, with a view to mak- ing these documents clear in thought and state- ment, equitable as between Owner and Con- tractor, applicable to work of almost all classes, binding in law and a standard of good practice. The related Standard Forms now approved by the Institute are: (a) Invitation to Bid; (b) Instructions to Bidders; (c) Form of Proposal; (d) Form of Agreement; (e) Form of Bond; (f) General Conditions of the Contract. These forms are not put forth to diminish the use of the " Uniform Contract,” the publi- cation of which will be continued under the joint auspices of the American Institute of Architects and the National Association of Builders. As in almost all cases, Drawings, Specifica- tions, General Conditions and Agreement are necessary for the complete expression of the obligations of Owner and Contractor, they are in fact, as set forth in Article 1 of the General Conditions, "The Documents Forming the Contract.” It is therefore inadvisable to speak of a certain one of them as "The Contract,” but as there is one of them in which the Owner and Contractor formally acknowledge their agreement, that document is distinguished as "The Agreement.” The General Conditions contain so much relative not merely to the Specifications but to the Drawings and the Agreement that it appears illogical to call them, as customary heretofore, "The General Conditions of the Specifications.” It has therefore been deemed wise to call them "The General Conditions of the Contract,” and it is interesting to note that such is the designation assigned to them by the Royal Institute of British Architects. As statements placed in any one of the docu- ments are just as binding as if placed in any other, the Agreement has been reserved for matters that are essentially private as between Owner and Contractor, e. #., contract price, terms of payment, date of completion, penalty, etc. All other general clauses governing the relations of Owner and Contractor, and the execution of the work have been placed in the General Conditions of the Contract. In view of the expense of corporate surety and of the difficulty of recovery therefrom, the bonds of individuals are now frequently preferred. A simple Form of Bond suited for either has therefor been prepared. The forms though intended for use in actual practice should also be regarded as a code of reference representing the judgment of the Institute as to what constitutes the best practice of the profession. Though in- tended primarily for use in connection with a single or general contract, nothing contained in them prevents their use for operations under separate contracts without a general contractor. The work of preparing the documents was entrusted to the Standing Committee on Con- tracts and Specifications who, on undertaking it, studied with great care the Uniform Con- tract and forms in use by some thirty well- known architects. After much deliberation, tentative forms were embodied in a First and Second Edition, which latter was submitted to all the Chapters of the Institute. As a result of the criticisms thus obtained, careful revisions were made and the result embodied in a Third Edition. This in turn was submitted for criticism to engineers, contractors and architects throughout the country. The results of their suggestions and of further study and delib- eration by the Committee were embodied in three subsequent editions. The Committee has from time to time had the advice of Francis Fisher Kane, Esq., Counsel for the Institute; Ernest Eidlitz, Esq., and in the Fifth Edition of its work, the able and careful criticism of Prof. Samuel Williston of the Harvard Law School and the assistance of James W* Pryor, Esq., in its editing. At its Forty-first Annual Convention held in Chicago in 1907, the Institute authorized its Board of Directors to sanction the publication of the Standard Forms as having the approval of the Institute, which sanction was given by the Board acting through its Executive Committee, April 12, 1911. The Standing Committee on Contracts and Specifications has during the preparation of the Standard Forms consisted of the following members of the Institute: — ALLEN B. POND, Secretary FRANK MILES DAY WILLIAM A. BORING GROSVENOR ATTERBURY, Chairman FRANK C. BALDWIN ALFRED STONE, Deceased FRANK W. FERGUSON G. L. HEINS, Deceased ? Vi m C ltle page of the General Conditions of the Contract and of the Specifications Brief Description of the CHorh The work consists of that called for by the Drawings and Specifications entitled Bere Insert the caption descriptive of the worh as used in the form of proposal, in the Specifications and upon the Drawings.) hereinafter called the Owner, and is to be executed to the satisfaction of, under the supervision of and in accordance with the Drawings and Specifications prepared by acting as and in these Contract Documents called the Architect* Identification of Documents The Drawings and Specifications forming a part of these Contract Documents are the following: first Standard Gdltlon. i \ ■r ► > 4 v t 2 z be General Conditions of the Contract Standard form of the Hmerican Institute of Hrc hitects Cbis form copyrighted 1911 by the Hmerican Institute of Hrcbitects. Cbe Octagon, ^Washington, D. C. Sole Licensee for publication, 6. 0. Soltmann, Drawing JVlaterials, 1 3 4 _ 1 4° 29th St., f^ew Y or k. Index to the Hrticles of the General Conditions Hrticle page Drawings and Specifications 1. Contract Documents ..... 3 2. Intent of Documents 3 3. Detail Drawings and Instructions ... 3 4. Copies Furnished and Kept at the Work . 3 5. Figures to Govern 3 6. Use and Return of Drawings and Models . 3 7. Shop Drawings and Models .... 3 JYIaterials and ^Workmanship 8. Skilled Workmen ...... 3 9. Materials ........ 3 10. Inspection ....... 4 11. Re-examination ...... 4 1 2. Condemnation and Correction of Defective W ork 4 13. Clerk of the Works and Superintendents . . 4 financial Relations 14. Statement of Costs ...... 4 15. Requisitions for Payments .... 4 16. Payment of Final Certificate a Waiver . . 4 17. General Guarantee ...... 4 18. Certificates Withheld ..... 5 19. Deductions for Defective Work ... 5 20. Changes in Work ...... 5 21. Contractor's Claim for Extra Remuneration . 5 22. Additions and Deductions .... 5 23. Extra Work under Special Order ... 5 24. Waiver of Liens ...... 6 25. Cash Allowances ...... 6 26. Fire Insurance ...... 6 27. Contractor's Liability for Delay in Completion 7 28. Contractor's Claim for Extension of Time . 7 29. Contractor's Claim for Damages ... 7 30. Mutual Responsibility of Contractors . . 7 31. Contractor's Responsibility for Damages to Per- sons or Property ...... 7 Hrticle 32. Compensation for Protracted Services . . 33. Right to do Work in Contractor's Default 34. Owner's Right to Terminate Contract . 35. Contractor's Right to Terminate Contract and to Interest on past due Payments . 36. Assignment of Contract . . . ♦ . 37. Other Contracts ...... 38. Arbitration ....... Cbe Hrcbitect 39. Architect's Decision . 40. Architect's Status ...... 41. Architect's Authority in Emergencies 4 2. Change of Architect . Che Contractor 43. Schedule of Dates ...... 44. Labor, Materials and Appliances 45. Storage Limits ...... 46. Subletting of Contracts . 47. Control of Sub-Contractors . . . . 48. Co-operation ....... 49. Competent Foreman . . . . . 50. No Work Without Instructions 51. Supervision and Verification . . . ■ 52. Measurements ...... 53. Permits, Notices, Laws and Rules . 54. Reports ....... 55. Vouchers and Samples .... 56. Patents, Fees ...... 57. Rubbish ....... 58. Fires, Smoking, Signs, Loading 59. Protection of Work ..... 60. Repair of Damage ..... 61. Cutting, Fitting and Digging . 62. Accident Insurance .... 63. Notice of Imperfect Work or Material page 8 8 8 8 8 8 8 9 9 9 9 9 9 9 10 10 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 Xn these General Conditions the Owner, the Contractor and the Hrcbitect are treated as if each were of the singular number and masculine gender. CUbere the words written notice or notice in writing are used, suco notice shall be deemed to have been duly served if delivered in person to the individual or to a member or the firm or to an officer of the corporation for whom it is intended, or if delivered at the last address or the said individual, firm or corporation known to him who gives the notice. first Standard edition. 3 Drawings and Specifications Hrticle I. The Agreement, the General Conditions of the Contract, the Specifications and the Drawings with all notes made there- on before the signing of the Agreement are the documents forming the Contract* Copies of all these documents signed by the parties, or identified by the Architect, as provided in the Articles of Agreement, shall remain in the custody of the Architect and shall be pro- duced by him at his office on demand of either party* Hrticle 2. The documents forming the Contract are complementary, and what is called for by any one shall be as binding as if called for by all* They are intended to in- clude all detail of labor and material reason- ably necessary for the proper execution of the work. Should they disagree the Architect shall determine which quantity or quality of the work is to be furnished* Where reference is made to approval of work, material, fix- tures, etc*, such approval, unless otherwise distinctly stated, is to be understood as that of the Architect. Hrticle 3 * The Contractor, if required, shall prepare, in consultation with the Architect, a schedule fixing the latest dates at which the various detail drawings and decisions will be required for the proper conduct of the work, and the Architect will from time to time, as necessary, furnish such detail and working drawings, which shall be true developments of the scale drawings* The work shall be exe- cuted in conformity therewith, and with such instructions, directions and explanations, not inconsistent therewith, as may from time to time be given by the Architect. Hrticle 4* The Architect will furnish to the Contractor, free of cost to him, one copy of each full size detail drawing, and two copies of all other drawings and of the Specifications* If additional copies are desired they may be obtained at the cost of reproduction* The Contractor shall keep in good order upon the work one copy of the Specifications and one of each Drawing, and the Architect and his representatives shall have free access to such copies. Hrticle 5. Figured dimensions shall be fol- lowed in preference to measurements by scale ; and larger scale drawings shall take prece- dence over those at smaller scale* Article 6. The Drawings and Specifications furnished by the Architect shall be used for this work only* As instruments of service they are the property of the Architect, and shall be returned to him. Any models fur- nished under this Contract, or by the Owner, are the property of the Owner and shall be disposed of as directed by him* Hrticle 7* The Contractor shall furnish to the Architect at proper times all shop and set- ting drawings or diagrams which the Archi- tect may deem necessary in order to make clear the work intended or to show its relation to adjacent work of other trades. The Con- tractor shall make any changes in such draw- ings or diagrams which the Architect may require, and shall submit two copies of the revised prints to the Architect for his identifi- cation, one copy to be returned to the Con- tractor, the other to be filed by the Architect* In submitting such shop and setting drawings the Contractor shall in writing specifically call the attention of the Architect to every change from the Architect's Drawings or Specifica- tions* The Architect's identification on the revised prints shall not relieve the Contractor of entire responsibility for his own errors and for changes not so pointed out in writing. Any models or templates submitted shall be changed as required until satisfactory to the Architect. JVIaterials and ^Korkmansbip, and their Inspection Hrticle 8* No one unskilled in the work which he is given to do shall be employed, and all work shall be executed in a skillful and workmanlike manner* Should the Archi- tect deem any one employed on the work in- competent or unfit for his duties, and so cer- tify, the Contractor shall dismiss him, and he shall not again, without the Architect's per- mission, be employed on the work. Hrticle 9. All materials, unless otherwise specified, shall be new and of the best quality of their respective kinds. first Standard edition. 4 Hrticle i o. The Contractor shall at all times maintain proper facilities and provide safe access for inspection to all parts of the work, and to the shops wherein the work is in prepa- ration* Where the Specifications require work to be specially tested or approved it shall not be tested or covered up without timely notice to the Architect of its readiness for inspection and without his approval thereof or consent thereto. Should any such work be covered up without such notice, approval or consent it must, if required by the Architect, be uncov- ered for examination at the Contractor's ex- pense* Hftick 1 1 . When required, the Contractor shall provide all facilities and labor necessary for a complete re-examination of work under suspicion, and if the Architect decides that the work is defective, the Contractor shall bear the expense of re-examination and replace- ment. If not found defective, such expense shall be credited to the Contractor as extra work, Hrticle 12. The Contractor, upon receiving from the Architect written notice and within such reasonable time as may be named therein, shall remove from the premises all materials, whether worked or unworked, and take down and remove all portions of the work, con- demned by the Architect as unsound or im- proper or as in any way failing to conform to the Contract; and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner, and shall bear the expense of making good all work of other contractors destroyed or damaged by such re- moval, or replacement* If the Contractor does not remove such con- demned or rejected work and materials within the time limited by the notice, the Owner may remove them and may store the material at the expense of the Contractor* If the Con- tractor does not pay within ten days after such removal by the Owner the expense of such removal, the Owner may at any time thereafter upon ten days' written notice sell such materials at auction or at private sale* The Owner shall account to the Contractor for the proceeds of such sale, after deducting all expense of removal and storage. Hrtick 1 3 . Except when authorized in writing by the Owner through the Architect, neither the clerk of the works nor a superin- tendent, even though employed by the Owner, has authority to add to or deduct from the work called for under the Contract, or to make any changes therein. financial Relations Hrticle 14* The Contractor, when required, shall furnish to the Architect, upon a blank form provided or approved by him, a correct statement, showing the estimated cost of each part of the work as subdivided in the Specifi- cations, the total equaling the contract price. This statement shall be for the use of the Architect at his discretion, in preparing esti- mates for payments on account* Hrticle 1 5* At least one week before each payment falls due the Contractor shall submit to the Architect a requisition therefor and shall, if required, submit therewith an item- ized statement of the quantities and cost and proportionate share of profit of work per- formed to the termination of the period to be covered by the payment. Such statement shall be made in form provided or approved by the Architect; but it shall not be binding as against his judgment. Hrticle 16. The acceptance by the Contrac- tor of the payment of the final certificate shall constitute a waiver of all claims against the Owner under or arising out of this Contract. Hrticle The Contractor shall make good, without cost to the Owner, any omis- sions from his work or negligence in connec- tion therewith or any improper materials or defective workmanship or consequences thereof of which he may in writing be notified within one year of the date of the final cer- tificate, but this general guarantee shall not act as a waiver of any specific guarantee for another length of time set elsewhere in the Contract Documents. Within the period of general or special guar- antee, no certificate given, nor payment made under the Contract, nor partial nor entire occupancy of the premises by the Owner, shall be construed as an acceptance of defec- fnrat Standard 6dttion. i — 5 tive work or of improper material or as con- doning any negligence or omission. Hrticle 1 8. The Architect may withhold or nullify any certificate or reduce the amount thereof, if, in his opinion, violation of the Contract exists after the Contractor has been duly notified to correct the same, or if he have knowledge of lien against the premises under this Contract, and such certificates may be withheld until such violation is corrected to the satisfaction of the Architect, or such lien is discharged or satisfactorily bonded. Hrticle i p. If , in the opinion of the Archi- tect, it is not expedient to correct injured work, or work not done in accordance with the Con- tract, the Owner may deduct the difference in value between the work involved and that called for by the Contract, together with a fair allowance for damage, the amount of which shall be determined by the Architect, subject to arbitration. Hrticle 20. The Owner may, without in- validating the Contract, make changes by altering, adding to or deducting from the work in the manner hereinafter provided. No claim for an extra charge for such changes shall be valid unless such work is done in pursuance of a formal written order therefor from the Owner or from the Architect acting under the authorisation of the Owner, and no bill for extra work of any kind will be audited by the Architect or paid by the Owner unless it be rendered in accordance with the terms of such formal written order. Unless other- wise expressly agreed all such work shall be executed under the conditions of the original Contract. Hrticle 2 1 » Should the Contractor deem any work which he is called upon to perform, whether by instructions, by detail drawings or otherwise, to be extra to the Contract, he shall give the Architect written notice thereof before proceeding to execute it, and in any case within two weeks of receiving such in- structions or drawings or otherwise being called upon to perform such work, and failure so to do shall constitute a waiver of all claim for extra payment on account of it. Should the Architect decide that no extra work is involved, the Contractor may appeal to ar- bitration before commencing the work, but in any case he shall proceed with it if so or- dered. Hrticle 22 , Should the Architect determine that any alterations in, addition to or deduc- tions from, the work covered by the Contract affect the contract price, then their value shall be determined in one or more of the following ways, as may be selected by the Owner: A. By Unit Prices named in the Contract or subsequently agreed upon, in which case the Architect shall make the award, subject to arbitration. B. By Cost and Percentage or Cost and a Fixed Fee, under special order in writing, in which case the Contractor shall keep a true and correct account of the net cost of labor and ma- terials, rendering to the Architect, at required intervals, detailed statements and vouchers, and the Architect shall award an amount as cost and profit, subject to arbitration. C. By Estimate and Acceptance in a lump sum. D. In case an agreement as to price cannot be reached or in case the Owner should refuse to employ any of the above methods, the Architect may, with the authority of the Owner, by a special order in writing, direct the work to proceed and the Contractor shall forthwith proceed and leave the price to be settled by arbitration. Hrticle -23. Where the Contractor is thus specially ordered in writing by the Owner or Architect to do additional work not covered by unit prices, or by estimate and acceptance in a lump sum, the Contractor or his duly au- thorised agent shall, unless directed to the contrary by the Architect, prior to doing such work, notify the superintendent or, in his ab- sence, the Architect, stating his intention to enter upon such work, and not later than the next day thereafter he shall deliver to the superintendent or Architect as directed a writ- ten memorandum, in duplicate, giving in detail the amount of materials and labor in- corporated in the claim for the day, together with his proper compensation therefor. Fail- ure on the part of the Contractor so to notify the superintendent or Architect or to deliver the memorandum relative to the day's work shall be construed as a waiver of any and all claims therefor. The duplicate copy of the above mentioned memorandum will be re- turned to the Contractor as soon thereafter as possible, with a duly certified approval, disap- fnrat Standard edition. ' ' ' ■ V ' <- . ft* :V ------- • 1*;- •- iV . - ■ • " - - - . ■ i :j ■ • ' ’-***.- *?- - — ■* - - ■ 1 -*■ v '••• :;■■ ■ ■ •" ■ J • . : - ' -•* - Ov: ,,-v. ■ ■ ■ , ' - ssm .- : . .1' = > '• . - K J f\ ' * \ < 6 proval or correction, and all bills for extra work shall be rendered on the basis of these approved daily memoranda* HrticU 2^* Neither the Contractor nor any sub-contractor, materialman, nor any other person shall file or maintain a lien, commonly called a mechanic's lien, for materials deliv- ered for use in, or work done in, the perform- ance of this Contract, and the right to main- tain such lien by any or all of the above named parties is hereby expressly waived, except in the event of the failure or refusal of the Owner to pay the amount called for by any certificate of the Architect, within ten days of the date of its tender to the Owner for payment. Then, and in such case only, shall any of the above named parties have the right to file and maintain a mechanic's lien. Payments shall not become due unless at the time of each payment the Contractor, if so required, and in any event at the time of final payment, shall deliver to the Owner a satisfactory release of all liens against the premises on the part of all persons who have delivered materials for use in, or work done in, the performance of this Contract in respect of all such work or material covered by the pay- ment in question. At the last payment, such releases shall include that of the Contractor himself. If at any time there shall be evi- dence of any lien or claim for which, if estab- lished, the Owner or the premises might be made liable, and which would be chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter becoming due, an amount suffi- cient to indemnify himself for such lien or claim until the same shall have been effec- tually discharged or bonded. If, because of the Contractor's negligence or default, any such lien or claim shall remain unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in discharging such lien or claim. HrticU 25* The Contractor shall set aside to be expended as the Architect shall direct the amount of each cash allowance required by the Contract. The Contractor shall ex- pend and pay such allowance at such times and in such amounts, and to and in favor of such persons and upon such work as the Architect may in writing direct, and the Con- tractor shall make sub-contracts with such parties for furnishing such materials and la- bor, and he shall assume the same responsi- bility for their work as for other portions of his work. But no such sub-contractor shall be employed upon the work against whom the Contractor shall make objection which the Architect considers reasonable, or who will not enter into an agreement with the Contractor upon conditions consistent with those of this Contract. Except where specifically provided to the contrary all cash allowances shall be for the actual net cost to the Contractor of labor and material only, exclusive of office or other ex- penses or profit. L e., The Contractor in mak- ing up his bid shall add such sum for expenses and profit on account of cash allowances as he deems proper, and no demand for expenses or profit other than those included in the contract sum shall be allowed by the Architect. Cash allowances shall be payable by the Contractor without discount or deduction or by the Owner directly, if he so elect. All bills for la- bor and materials under such allowances shall be submitted to the Architect for his approval. Proper credit or debit shall be made in the con- tract price, according to the difference between the total cost of such material and labor, and the total of cash allowances named in the Agreement or Specification, and any credit balance may be deducted from the contract price or applied by written order of the Archi- tect in payment for additional work done by the Contractor on formal written order. Hrttcle 26 * Unless specifically provided otherwise in the Agreement the Owner and the Contractor shall each protect his own in- terest against loss or damage by fire, pending full performance by the Contractor of the work hereunder and full payment therefor by the Owner. For the purpose of maintain- ing fire insurance as far as concerns this Con- tract the Owner's interest at any time shall be held to amount to the sum of all payments which he shall have made to the Contractor on account of this Contract. For the same purpose, the Contractor's interest shall be held to consist of any and all insurable value under and pertaining to this Contract not above de- fined as "Owner's interest." Loss or damage by fire shall not affect the rights and obliga- tions of either party under this Contract, ex- cept that in such event the Contractor shall be entitled to reasonable extension of time for the performance of this Contract, as provided un- fnrat Standard edition. der Article 28, “Contractor's Claim for Ex- tension of Time.” The Contractor shall upon written notice from the Owner immediately proceed with the reinstallation of work dam- aged or destroyed, and the Owner shall make payments to the Contractor on account of reinstallation upon certificates of the Architect issued on the same principles as govern pay- ments during its original construction as pro- vided in the Agreement. Should the Owner and the Contractor fail to agree on the total amount thus to be paid, such amount shall be subject to arbitration. Hrtlcle 27 . Should the Owner claim dam- ages for delay in the completion of the work, the Architect, if, in his opinion, any damages be payable, shall make an award, and shall write the amount thereof across the face of the final certificate as “amount to be deducted from the face hereof for delay in completion of the work,” but such amount shall be sub- ject to arbitration. Thereupon the Architect's services in this matter shall terminate, except as provided under Article 38. Hrttcle 28 . Should the Contractor be de- layed in the prosecution or completion of the work by the act, neglect or default of the Owner, or of anyone employed by the Owner, or by fire, or by general strikes or for any other reason deemed sufficient by the Archi- tect, then the time fixed in the Agreement for the completion of the work shall be extended for a period equivalent to the time lost by reason of any and all the causes aforesaid. Such extension of time shall be determined and fixed by the Architect. (Subject to arbi- tration.) But no such allowance shall be made unless a claim therefor is presented in writing to the Architect within forty-eight hours of the occurrence of such delay. Hrtlde 2 $ ♦ Should the Owner fail to pro- vide all labor and materials, not included in this Contract, but essential to the conduct of this work, in such manner as not to delay its reasonable progress, or should the Contractor be damaged by any act or omission of the Owner, the right of the Contractor to com- pensation for the damage suffered, whether in the form of unusual or protracted services or otherwise, and the amount of such compensa- tion shall be determined and awarded by the Architect (subject to arbitration) ; but no such allowance shall be made unless a claim there- for is made in writing or by telegraph to the Architect within forty-eight hours of the oc- currence of such damage. Hrttcle 30. Should the Contractor or any person directly or indirectly employed by him cause damage to the material, apparatus or executed work of any other contractor em- ployed by the Owner on the work, or cause damage by way of delay or otherwise to such other contractor, such other contractor shall in writing notify the Owner, through the Archi- tect, of the fact within forty-eight hours of the occurrence of such damage and should the two contractors be unable to reach a settlement within ten days thereafter the Owner shall debit the Contractor in the amount that the Architect shall decide to be just and shall credit that amount to the other contractor. (Subject to arbitration.) Should the Contractor sustain damage to his apparatus or materials or exe- cuted work by reason of delay or otherwise at the hands of some other contractor he shall in similar manner notify the Owner, and should the two contractors be unable to reach a set- tlement within ten days thereafter the Owner shall credit the Contractor in the amount that the Architect shall decide to be just, and shall debit that amount to the other contractor. (Subject to arbitration.) The Contractor shall in final settlement accept, or permit the deduc- tion of, the amount determined by the Archi- tect or by arbitration. The terms of Article 38, entitled “Arbitration,” shall in all ways con- trol any arbitration held under this para- graph, save that each contractor shall name an arbitrator or that they may agree on a single arbitrator, the Owner in either case naming none. Hrtlcle 3 i ♦ The Contractor shall save harmless and indemnify the Owner from every claim or demand which may be made by reason of — 1. Any injury to person or property sus- tained by the Contractor or by any person, firm or corporation employed directly or indi- rectly by him upon or in connection with his work, however caused, except as provided by Article 29. 2. Any injury to person or property sus- tained by any person, firm or corporation, caused by any act, neglect, default or omission of the Contractor or of any person, firm or first Standard edition. - * . •• 5 - . : : - v’ ’ • ' ■ h t r- 'V - z : r- - — 8 corporation directly or indirectly employed by him upon or in connection with his work, whether the said injury or damage occur upon or adjacent to the work* And the Contractor at his own cost, ex- pense and risk shall defend any and all ac- tions, suits or other legal proceeding that may be brought or instituted against the Owner on any such claim or demand, and pay or satisfy any judgment that may be rendered against the Owner in any such action, suit or legal proceeding or result thereof* Hrtklc 32* Should the Contractor by his own fault or negligence delay the completion of the work, thereby necessitating unusual or protracted services or expenses on the part of the Architect or the clerk of the works, the Owner shall be entitled to retain from the amount otherwise to become due to the Con- tractor, an amount sufficient to reimburse them for such protracted or unusual services or expenses* (Subject to arbitration*) Hrticle 33* Should the Contractor become insolvent, or at any time, except in case of a general strike, refuse or fail to supply a suffi- ciency of properly skilled workmen or of ma- terials of the proper quality, or fail in the per- formance of any of his obligations under the Contract, such refusal or failure being certified by the Architect to both Owner and Con- tractor as sufficient ground for such action, the Owner shall be at liberty, without preju- dice to any other right or remedy he may have, to provide, after giving the Contractor three days* written notice, any such labor or materials, and to deduct the cost thereof from any money then due or thereafter to become due to the Contractor under the Contract* Hrttcle 34* If the Architect shall certify to both Owner and Contractor that such refusal or failure is sufficient ground for such action, the Owner shall also be at liberty, without prejudice to any other right or remedy he may have, after giving the Contractor three days* notice, to terminate the employment of the Contractor for said work, and for the pur- pose of completing the work, to enter upon the premises and take possession thereof, and of all materials, tools and appliances thereon, and to employ any other person or persons to finish the work, and to provide the materials therefor* In case of such discontinuance of the employment of the Contractor, he shall not be entitled to receive any further payment until the said work shall be wholly finished, at which time, if the unpaid balance of the amount to be paid shall exceed the expenses incurred by the Owner in finishing the work, including proper compensation to the Archi- tect for his additional services in connection therewith, such excess shall be paid by the Owner to the Contractor* But if such expense shall exceed such unpaid balance, the Contrac- tor shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architect. Hrttcle 35* Should the Owner fail to pay to the Contractor any sum named in a certifi- cate of the Architect as due from the Owner to the Contractor within ten days of its pre- sentation to the Owner in person or at his last known address, the Contractor may give him written notice of such failure, and should he within a further period of five days fail to pay the said sum, or if the work should be stopped under an order of any Court of Law for a period of three months through no action or fault of the Contractor or of any one directly or indirectly employed or instigated by him, then the Contractor shall be at liberty to ter- minate this Contract by notice in writing given to the Owner and the Architect and to recover from the Owner payment for all work executed, and for any loss he may have sus- tained upon any plant or material supplied or purchased for the purpose of this Contract and for reasonable profit and damages. Should the Owner fail to pay the sum named in any certificate of the Architect within ten days of its presentation to him or at his last known address, the Contractor shall receive, in addition to the sum named in the certificate, interest thereon at the rate of five per cent* per annum until the date of payment of such certificate. Hlttde 36. The Contractor shall under no circumstances assign this Contract without the written permission of the Owner* Hrttcle 3/* The Owner reserves the right to let contracts other than this one in connec- tion with this work. fivQt Standard edition. • : ' r ~ - ■ :r- “c ' ■ ' . ; • ; ■ •' JjOC'N • •:* - ■ ' : :.*• >r $.■ • a •- ' : i - ’ - r- : pr j- ■ . • V ; ■;* ■ ■ ■■ :i ‘ V . t iu ' : TrS v • ■ ■ v. n (i : r, • r*\ -■ •; ' ■ • • i - ■ , - ■ • :• ■ -O ' ' - t/ . . ’.••t ■ . • • ' ’ • ± ■' >■ ‘ : ' " "• •• ‘ i rr . >i ~c. b. ■ . ' ' - ' . ■h .. O'.: - ■' V . Qu? ' 'v.;v v ' r: ■ ,, - - ' r •. • - . . 5 . : • ■ n - Zg "• ••• J 9 Hrticle 38 . in any case in which an appeal to arbitration is permitted tinder this Contract, the Owner or Contractor may demand arbi- tration by filing with the Architect, within ten day of the receipt of the decision from which he appeals, a written notice of such demand, sending at the same time a copy thereof to the other party to the Contract. In case no such notice be filed within ten days, both parties shall lose the right of appeal and the decision of the Architect shall stand as final* In case such notice be filed three disinterested arbi- trators shall be chosen, one by the Owner, one by the Contractor and the third by these two arbitrators, and the difference or dispute shall be submitted to them for arbitration* Should the party filing notice fail to choose an arbitrator within ten days of filing such no- tice, his right to arbitration shall lapse, and the decision of the Architect shall stand as final* Should the other party fail to choose an arbitrator within ten days of the filing of the notice, then the Architect shall appoint an arbitrator who, with the other arbitrator, shall choose a third. Should either party re- fuse or neglect to supply the arbitrators with any papers or information considered neces- sary by them and demanded in writing, the arbitrators are empowered by both parties to tafce ex parte proceedings. The arbitrators shall act with promptness. The, decision of any two of them shall be binding on both parties hereto. The decision of the arbitrators upon any question subject to arbitration under the terms of this Con- tract shall be a condition precedent to any right of legal action by either Owner or Con- tractor. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the timr, ex- pense and trouble incident to the appeal, and this sum may be named in cases where the claim is set aside in whole, or as an addition to or deduction from the amount of the prin- cipal award. The arbitrators shall assess the costs and charges of the arbitration upon either or both parties, in such proportion as the arbitrators shall deem just. In lieu of the three arbitrators hereinbefore provided for, the parties may by mutual agreement name a single arbitrator, and in such case the provisions of this Article shall otherwise apply. Che Hrcbltect Hrticle 39 * Save only in cases in which an appeal to arbitration is permitted by these General Conditions, the final decision of all questions arising under this Contract shall be made and given by the Architect, and both the Owner and the Contractor shall be bound thereby, and such decision shall be a condition precedent to any right of legal action by either Owner or Contractor. Hrticle The parties to the Contract rec- ognize the Architect as the interpreter of the Contract Documents, and in that capacity he is to define their true intent and meaning. He is not the agent of the Owner except in structural emergencies (Article 41) and except when in special instances he is authorized by the Owner so to act. Hrticle 41. The Architect has authority to stop the, progress of the work whenever, in his, opinion, such stoppage may be necessary to insure the proper execution of the Contract. In an emergency affecting the safety of life or of the structure or of adjoining property, he is hereby empowered to act as the Owner’s agent, and, if he so elect, to make such changes or to order such work, extra to the Contract or otherwise, as may in his opinion be advisable. Hrticle In case of the termination of the employment of the Architect or his suc- cessors, the Owner shall appoint a capable and reputable Architect, whose duties and author- ity under the Contract shall be those of the former Architect. Che Contractor Hrticle 43. The Contractor, if required, of manufacture and installation of materials shall prepare, in consultation with the Archi- and for the completion of the various parts of tect, a schedule fixing dates for the beginning the work. first Standard edition. WM— 'HII milMUllll IIIMWl U - .V ' ' i ■ ; *:, i . I ’ - > O ';-; ’h - C ; . ; a ’ - ' • ' .. ’ i ,,--: . .. . _ - • - ;. • - . ;■ V ..... - ■ •. - r, • ■ • -£t ■ ■. ’ ■T . ? . . •;? ; : • * ■ . ••• -• ■ ' ’ -V ■■ v . :••• i -:.- - v -' •: ■ ' f5 • ; .. t ... : r 53K‘.--. : : ■ i ' 3 - , -*? :: ' ’> r - ’ r | .i '"hr.*/ ’■ ■ '?. • • - - - . . . ■ r ' - . - J.. * • < • • • iz. - ■ 5 . h ■ ' r r ’• / -C ■ . • '• , ..... .. . -. , t; y:: Sr . h •• r - ' V - • •: • : f ‘ . * • . if ■ ■ - ■ d r ; rr - : . ' :: . ’ . ■ ' 1 • ' ; r - • : • ' r n ; T* *• W .\ ■ : r ' . ■ .' . ■ .. .. t ' k .: '> r n . . :. s -:v : : . :. •' rr ::;- r : . , ■ , >, • T, t 9 *' • T . - ; \ - ■* * /' : ' ■- : ;;r /. r J -c. .■•-7/ r "• it' '- h >i ■ - | V .1 . ' ; . ‘ r. . ; . V ‘ i t +■ ? * * - r . ■ • - ' . 'i . ■ jfi > r 10 Hrticle 44 * The Contractor, unless other- wise expressly provided, shall furnish and in- stall all material and shall furnish all labor, water, apparatus, light and power necessary for the complete, prompt and satisfactory exe- cution of the work and for properly connect- ing and co-ordinating his work with that of other contractors* Hrticle 45 * The Contractor shall confine the storage of materials and operations of his workmen to the limits indicated by law, ordi- nances, permits or by the Architect, and shall not unnecessarily encumber the premises with his materials* Hrticle 46. The Contractor shall submit in writing the names and references of all pro- posed sub-contractors to the Architect who shall have the right to reject such as he deems unsatisfactory, and the Contractor shall not sublet any portion of the work without the written permission of the Architect. Such per- mission shall not, however, relieve the Con- tractor from responsibility for the conduct and work of his sub-contractors* Hrticle 47* The Contractor in subletting any part of the work shall make contracts by which his sub-contractors shall be bound by the terms of these Contract Documents as far as applicable to the work sublet* He shall properly direct and control his sub-contractors being responsible for the correlation of his own work and that of his sub-contractors. Should the Contract Documents assign certain respon- sibilities to sub-contractors the Contractor is not thereby relieved of such or of any respon- sibilities for the entire work or any part thereof* The Contractor shall promptly trans- mit to his sub-contractors all Drawings and Specifications bearing on their work* Hrticle 48* The Contractor shall afford other contractors employed by the Owner every reasonable facility for the storage and introduction of their materials and for erection of their work. with the consent or at the instance of the Architect. The foreman shall represent the Contractor in his absence, and all directions as to the conduct of the work given to him shall be as binding as if given to the Contractor, provided that on request such directions be given in writing* Hrticle 50* The Contractor shall not do any work without proper drawings or instruc- tions, and shall, at his own expense, replace any work wrongly executed, whether from lack of such drawings or instructions or other- wise. Hrticle 5 1 ♦ The Contractor, as a part of his services, shall give personal supervision to the work, and he shall carefully study and com- pare all Drawings, Specifications and other information given to him by the Architect, as to figures, materials and methods of construc- tion, using therein the skill and experience for which he receives compensation under this Contract, and shall immediately report to the Architect for rectification any error, inconsis- tency or omission therein which he shall discover. . Hrticle 52. The Contractor shall measure work already in place, to insure the proper execution of his subsequent work, or for the information of the Architect; and should any discrepancy between the executed work and the drawings be discovered, he shall report it at once to the Architect. Hrticle 53* The Contractor shall, at his own expense, obtain for the Owner all neces- sary permits and licenses, except permanent easements, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relat- ing to the work, and to the preservation of the public health and safety. If the Drawings and Specifications are at variance therewith, he shall so notify the Architect in writing, stating the effect of such compliance upon the contract price. Hrticle 49 ♦ The Contractor shall keep a competent general foreman and any necessary assistants, satisfactory to the Architect, in charge during the progress of the work. The general foreman shall not be changed except Hrticle 54. The Contractor shall furnish, within a reasonable time, whenever required, and in the manner directed, reports showing the progress and status of the work at the building and in the shops. fnrat Standard edition. BBHK i~r . ? 2 :'V '> ' . - . ■- •' ; • It >• :■ • ■ Y ■/ >.! - ' . • S o:.i; l- "a. i. : V' - ' -- , • •' - • Y * • -,q « , '• ' ;■ ' :p'\ ■ - - i'x:^ ; " "■ r \ A :- > T . >; ■ ■ ' ' ' ' - ' O' •••••. • :• ' - " a Y. ttj- S ■ ; ' ' - - ' . . .. - - • . -y . ' V : ' - - ‘ - ’ . * ? C. - h ' V. - •/ VHt. i: - i Y : r ife •. iWi ; O : tf$ X n '■ ■- ; •; •' ’ , v ' '• - ' >». . - yhft-i . & gs* st.-;. ?>'. Y-,i ’ / •...?£ ■ . "T Y .. ■ V . . Y: ■ •• . V. ' ■ Y 'i;Cr. " . - i \ Y - tier'. Y io Y;-- r. ■ .V-. :> ■:! \r; . ! •> ■ .>« 5 * \ • . •. Ti. ty •; • . . " ; V ■ ' •; ' 6 ■ -• • - . - >• ‘ r iy hni- - i- •'* 2 - r.ni'i- ■ ■ ■ ■ ■ " ' 2v“... ‘ ' ^ ; • Civ ' v ' ^ . . - • " ■ ■ . : - :■ • , -- -■ . ' . " 1 " . > * ■ : ■ . ----- ■ - ■ " _ ' ■; ':■{ .. Y - ■' ' ' r - ■' " ' } - •iz-cyiy 3 / ; &>. \c ’ ift h:.- : X:-X • • v '*/ - - rr-;: " . • -v ■ - • - /• J ' ' - - ■ Ki v OJ i 5C.' m. - N- - •:--J ' ' ' S*': j i r. ^V y .v •' •' V. - 3 -; 2 , . - V S' 9 *. V:. li.’ :• ‘ i " ,/v ' - 'i. -(<%& rnoy >■;. 4 \ ,4 I i *■ r Invitation to submit a proposal Office of Hrcbitect Dear 8ir: — You are invited to submit a proposal for Drawings, Specifications and other information may be procured from this office on and after All documents must be returned to this office To be entitled to consideration the Proposal must be made upon the form provided, which must be fully completed in accordance with the accompanying Instructions to Bidders and must be delivered to this office not later than Very truly yours, 1 9 Hrcbitect. Cbis form copyrighted 1911 by the Hmerican Institute of Hrcbitects, ~Cbe Octagon, Washington, D. C. Sole Licensee for publication, 6. ©. Soltmann, Drawing Materials, 134-140 W. 29th St., JVew York. first Standard Bdition, 1 *:■ ■ :s •- r. v " yr •:* : v -.?• -• ; - , ... \ • - • •, *•* • - . :• * ■ ■ .. * ■■ . : ' . . ■.ft-;- .. . - ■ v :.; : ./ . • ■ ■ _• ■; ■’ : .v ; . ' ..... ... ■. ■ •' •; ’ -- ► *- « r / V k > f V C be Standard form of proposal of the Hmerican Institute of Hrcbltects Cbls form copyrighted 1911 by the Hmerican Institute of Hrcbltects, Washington, D. C. Sole licensee for publication, 6. 0 . Soltmann, 134-140 West 29th St., ]New York. Architect. Dear Sir: — Having carefully examined the Instructions to Bidders, the General Conditions of the Contract and the Specifications entitled (Here insert the caption descriptive of the work as used therein.) and the Drawings, similarly entitled, numbered as well as the premises and the conditions affecting the work, the Under- signed proposes to furnish all materials and labor called for by them for /Here insert, in case all the work therein described isto be covered by one contract, “ the entire work.” In case of a partial contract\ Vinsert name of the trade or trades to be covered and the numbers of the pages of the Specifications on which .the work is described./ O in accordance with the said documents for the sum of Dollars ($ ) and to execute a contract for the above work, for the above stated compensation in the form of the Agreement, shown first Standard edition. I nstructions to Hrcbitects using tbc Standard form of Proposal of tbc Hmerican Institute of Hrcbitects Che form, as printed, includes only such statements as will probably be re- quired in any proposal* Hdditions will usually have to be made to it* Suggestions suited to certain conditions are offered in the following notes* Xf the Bidder is to name the time required for completing the work, insert such a clause as the following: The Undersigned agrees, if awarded the Con- tract, to begin the work within days, and to complete it within after the signing of the Contract Documents. Xf liquidated damages are to be re- quired, insert the following : And further agrees that, from the compensa- tion otherwise to be paid, the Owner may retain as and for liquidated damages the sum of __ Dollars ($ ) for each day there- after, Sundays and Holidays not included, that the work remains uncompleted. Xf a bond is required, insert the following : The Undersigned agrees, if awarded the Contract, to execute and deliver to the Archi- tect within days after the signing of the Contract, a satisfactory bond in the sum of extending from the time of signature months beyond the day on which the final certificate is issued, the bond to be made in accordance with the form given in Instructions to Bidders. And further agrees that if such bond be not required he will deduct from the proposal price the sum of Dollars ($ ) . Xf a certlf led check be required, the following clause should be inserted : The Undersigned further agrees that the certified check payable to Owner, accompanying this proposal is left in escrow with you as Architect, that its amount is the measure of liquidated damages which the Owner will sustain by the failure of the Under- signed to execute and deliver the above named Agreement and that if the Undersigned defaults in executing that Agreement within days of written notification of the award of the contract to him, then the check shall become the property of the Owner, but if this proposal is not accepted within days of the time set for the submission of bids, or if the Undersigned executes and delivers said Contract, the check shall be returned to him on receipt therefor. Xf alternative proposals should be required, they should be set forth, as, for example : Should be substituted for the Undersigned agrees to deduct (or will require the addition of) Dollars ($ ) ^ om | the proposed sum. Xf unit prices are required as a part of the proposal, they should be set forth, as, for example : The Undersigned agrees that work added shall be computed at the following prices, and that work omitted shall be computed at per cent, less than these prices : Concrete foundations per cubic yard. Rough brickwork .. per thousand. Plastering (3 coats) per yard. Xf the names of sub-contractors whom the Contractor proposes to employ are required as a part of the proposal, this requirement should be set forth, as, for example : In case of obtaining the award the Under- signed will employ, subject to the Architect's approval, sub-contractors in each of the several trades selected from the following list (one or more names must be inserted for each trade) : Excavation Stone masonry Brickwork Etc., etc. Cbis form copyrighted 1911 by the Hmerican Institute of Hrcbitects, Che Octagon, Washington, D. C. Sole Licensee for publications, 6. 0 . Soltmann, Drawing JVIaterials, 134-140 W. 29th St., ]Vew York. first Standard 6dltton. in Instructions to Bidders, provided that he be notified of the acceptance of this proposal within days of the time set for the submission of bids. Instructions to Bidders Standard form of the Hmerican Institute of Hrcbitects Proposals, to be entitled to consideration, following instructions : a. Proposals shall be made upon the form accompanying these instructions, and all blank spaces in the form shall be fully filled ; num- bers shall be stated both in writing and in figures; the signature shall be in long hand; and the completed form shall be without inter- lineation, alteration or erasure* b * Proposals shall not contain any recapitu- lation of the work to be done. c. Proposals shall be delivered to the Archi- tect enclosed in an opaque, sealed envelope ad- dressed to him, marked “Proposal,” and bearing the title of the work and the name of the Bidder* d. No oral, telegraphic or telephonic pro- posals or modifications will be considered. Should a Bidder find discrepancies in or omissions from the drawings or documents or must be made in accordance with the should he be in doubt as to their meaning, he should at once notify the Architect, who will send a written instruction to all bidders. Neither Owner nor Architect will be responsible for any oral instructions* Before submitting a proposal, bidders should carefully examine the Drawings and Specifica- tions, visit the site or work, fully inform them- selves as to all existing conditions and limita- tions, and shall include in the Proposal a sum to cover the cost of all items contemplated by the Contract* The competency and responsibility of bidders and of their proposed sub-contractors will be considered in making the award. The Owner does not obligate himself to accept the lowest or any other bid. Che Standard ■form of Hgreement of the Hmerican Xnstitute of Hrcbitects will be used as follows : Oris Hgreement made the day of in the year Nineteen Hundred and by and between hereinafter called the Con- tractor and _• hereinafter called the Owner mitnessetb, that the Contractor and the Owner for the considerations here- inafter named agree as follows : HrtlCle 1 • The Contractor agrees to provide all the materials and to perform all the work shown on the Drawings and described in the Specifications entitled prepared by _ acting as, and in these Contract Documents entitled the Architect, and to do to the satisfaction of the Architect everything required by the Drawings, Specifications and General Conditions. Hrttcle 2 * The Contractor agrees to complete the work by and at the following time or times, to wit:... and to pay or allow the Owner as liquidated damages, the sum of ($ ) for each day thereafter, Sundays and legal holidays not included, that the work remains uncompleted, Hrtfclc 3. The Owner agrees to pay the Contractor in current funds for the performance of the Contract .($ ...) subject to additions and deductions as provided in the General Conditions of the Contract. Hrttcle 4. The Owner agrees to make payments on account of this Contract on the certificate of the Architect, as follows: In no case, however, shall the Contractor be entitled to a payment which, in the judgment of the Architect, will leave the balance withheld insufficient to com- plete the work. Hrttcle 5* The Contractor and the Owner agree that the Drawings with all notes now thereon, the Specifications and the General Conditions of the Con- tract are, together with this Agreement, the Documents forming the Contract, and that the said Drawings, Specifications and General Conditions are as fully a part of the Contract as if hereto attached or herein repeated; and that should the Contractor and the Owner fail to sign them the identification of them by the Architect shall be binding on both parties. The Contractor and the Owner for themselves, their successors, executors, admin- istrators and assigns, hereby agree that they will in all ways be bound by the Documents forming the Contract, and that they will abide by and will promptly and fully carry out all decisions given thereunder, and that they will fully per- form all of the covenants and agreements therein contained, in witness whereof they have hereunto set their hands and seals, the day and year first above written. Should a Bond be required, the Standard form of Bond of the Hmerican Xnstitute of Hrcbitects will be used as follows : Know all ]VIen by these presents: That we {Hire insert the name attci address of the Contractor.) ...hereinafter called the Principal, and and and hereinafter called the Surety or Sureties are held and firmly bound unto. hereinafter called the Owner, in the sum of ..($. ,) for the payment whereof the Principal and the Surety or Sureties bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. lOhei*e k •’ , , . > - - £;} , C ‘ : ;i : - YiYYY - -viOl V-:> 'OvtOift.;. t" ’ ; . . '■ 0 5''’ !" •••* -,r •. * ;'v ■> » ■ * ■ t } ■ *• ; : : v.- i o;. :/.-«• «■ : o :.>• ; :■ o • . '-'i. iv;\ \;,-J P :, "-vX . tv.; \ ch - ’. ; , . -\ • ;■, ■' v -> ! 1. . •• " ?e; n ... ; ii\y '.!■ ii 0 ’ i r .. ; Jr * ' \ ■v 1 , . ; n 'ic 'ky -moJ ■>■■■ • 1 to: t .:0 ts. m D- z,:r hzzm < r * . J _ -v .. -C-. - ■ ' - • ^ ' *, * J >. h . • - t rtl =>'■•■ j’’ « : ;.:fiS fit /• i;u;/c:Z. y -s ; ■. &•;; ’Kr' ... ; ;‘V. Eg rmolisq < i brus £ smis a s . I ■ v i ■ n i >t . «§ toi b jno z d o I--t>sqE sitJ il fc »c . ns r ■ : * . ■■;>•■•) : ; i ?:• 5 .w. i... ^V'-ri; " : ■ « v ' ... ; '-c .r a '. 1 5 .?! ' - o/ .- ; V -7 *. ; 0 1 ..1 ■ :. ; V" • ' .; , J -A” 0 ■■ I" -. .' ' ■ ■ ^ b h ?q : “OLt - « . ' > • sAi Ho rsoitoMMM® »djr ot ob pt km tA sat bs! - aJaarmwoU &i p rgfioi^ticDisraflit) bm jsfsoltes^lbsql s _ i w s? [»d (d '■ ■ ■■■ : u T Hrticle 2. The Contractor agrees to complete the work by and at the following time or times, to wit: and to pay or allow the Owner as liquidated damages, the sum of ($ ) for each day there- after, Sundays and legal holidays not included, that the work remains uncompleted. Hrticle 3. The Owner agrees to pay the Contractor in current funds for the performance of the Contract ($ ) subject to additions and deductions as provided in the General Conditions of the Contract. Hrticle The Owner agrees to make payments on account of this Contract on the certificate of the Architect, as follows : In no case, however, shall the Contractor be entitled to a payment which, inthe judg- ment of the Architect, will leave the balance withheld insufficient to complete the work. f t i i 1 HrtiCle 5* The Contractor and the Owner agree that the Drawings with all notes now thereon, the Specifications and the General Conditions of the Contract are, together with this Agreement, the Documents forming the Contract, and that the said Drawings, Specifications and General Conditions are as fully a part of the Contract as if hereto attached or herein repeated; and that should the Contractor and the Owner fail to sign them the identification of them by the Architect shall be binding on both parties. )'• . .. V • • ■■ v - • /O : ' ' ' £ • :■■■■■ . ..v ; ■ . ■ ■ u " '• ; ;• ■ - ^ - The Contractor and the Owner for themselves, their successors, executors, administrators and assigns, hereby agree that they will in all ways be bound by the Documents forming the Contract, and that they will abide by and will promptly and fully carry out all decisions given thereunder, and that they will fully perform all of the convenants and agreements therein contained, in witness whereof they have hereunto set their hands and seals, the day and year first above written. In presence of (Seal) (Seal) Oris Hgreement is not intended to diminish the use of the Uniform Contract, the publication of which is continued by the Hmerican Institute of Hrchitects and the Rational Hssociation of Builders. Oris Hgreement is issued in two styles, identical in wording: One, Style H, is intended for carbon duplication, the other, Style B, is intended for reproduction by blue-printing. Oris is Style B. Oris form copyrighted 1911 by the Hmerican Institute of Hrchitects, Che Octagon, ^Washington, D. C. Sole licensee for publication, 6. 0 . Soltmann, Drawing JVlaterials, 134-140 3 d. 29th St., JNew Yorh. Hppendlx to tbe General Conditions of tbc Contract In many cases the sixty-three Articles printed will not include all necessary General Condi- tions of the Contract* The Architect will then add to them such others as he deems wise* Many architects include in their General Conditions one or more of the subjects named below. It would seem that many of these should appear in the specifications for the various trades, and that others, though suited for inclusion in the General Conditions, are not invariably needed. These subjects are: Watchmen, Heating during Construction, Protection and Care of Trees and Shrubs, Pro- tective Coverings in general. Vault Permit, Sidewalks, Fences, Ladders, Temporary Stair- ways, Scaffolding, Sheds, Sanitary Conve- niences, Offices and their Furniture, Telephone, Temporary Wiring and Electric Lights, Lan- terns, Temporary Enclosure from Weather, Keeping Building and Cellar free from Water, Chases, Photographs, Checking by Surveyor and his Certificate, Contractor to Work Over- time if Required, Time of Completion of the Essence of the Contract, Earthquake Insurance, Owner to furnish Survey, Contractors to lay out the Work, Giving Lines and Levels, Owner's Contingent Policy of Accident Insur- ance, Bracing Building during Construction, Damage to Adjoining Property by Movement or Settlement, Stoppage of Work in Freezing Weather, etc.j LIENS Owing to the diversity of the lien laws in the several applicability. In certain States it is necessary as a bar to States, it is impracticable. to draft an article suited for use liens, that the Agreement, or at least the lien clauses of in all, but it is thought that Article 24 is of very general the Contract, be publicly filed or recorded. FIRE INSURANCE The scheme for effecting and settling insurance, described in the following paragraph, has had much consideration. As it has not been tried in practice it is thought wiser to include in the body of the General Conditions the shorter form, but the following is presented for the consideration of members, as possibly preferable under certain conditions. and as having the approval of the representatives of the National Board of Fire Underwriters. The ** Trustee " hereinafter mentioned may, of course, be agreed upon at the time of the signing of the Contract, or subsequently named by the Architect. The Owner shall maintain fire insurance upon the building in all stages of construction, and upon all ma- terials in or about the premises, not including Contractor's tools and appliances, to the full amount of the Architect's estimate of the value of the building, so far as completed, and of such materials. The policies shall be taken out in the name of the Owner ** for account of whom it may concern, upon their joint and several interests in" the building and materials described. The loss, if any, shall be made adjustable with the Owner, and payable to a Trustee to be named by the Architect. Within ten days after the occurrence of any loss covered by the policies, the Contractor shall deliver to the Owner a complete schedule of ( 1 ) labor and materials necessary for rebuild- ing, restoring and replacing the work or the materials destroyed or damaged, and (2) their true value, together with a sworn statement that such schedule and valuation are full and correct. All moneys paid for losses under the policies shall be held by the Trustee aforesaid for dis- tribution to the Owner, the Contractor and all other per- sons having insurable interests in building or in materials upon the premises, as their interests may be determined. The Trustee shall disburse the insurance moneys in ac- cordance with the agreement reached by the Owner, the Contractor and other persons having insurable interests under this policy, or as determined by arbitration ; but he shall make payments to contractors only upon the Archi- tect's certificates of reinstallation of the work. If the Owner, the Contractor and the other persons interested in the insurance should fail to agree upon a distribution, the matter shall be referred to arbitration, as provided in Arti- cle 38 of the General Conditions, the Owner appointing one arbitrator, the Contractor and the other persons having insur- able interests appointing a second arbitrator, and these two appointing a third. The Contractor agrees that if the Owner maintains insurance as above provided, he will not make upon the Owner any claim for loss through fire beyond the Contractor's interest under the policies of in- surance maintained by the Owner under this Article. In case of fire the Contractor shall not be released or relieved in any way from the obligation to complete the work under contract, notwithstanding the cost of so doing may exceed the contract price, or the amount recovered as his share of the insurance; and the Contractor shall proceed with the work forthwith, and without awaiting a decision as to the distribution of insurance money, and shall make good all his work or materials destroyed or damaged. All fire insurance policies upon the building or upon materials upon the premises shall be kept in the custody of the Architect and shall be open to inspection by the Owner, the Contractor and others having insurable interests. Upon the request of any person having an insurable interest under such policies, the Architect shall deliver to such person a certificate setting forth briefly the terms and the amounts of the policies, and the facts so far as they are within the personal knowledge of the Architect, upon which such person claims an insurable interest. If the Owner fails to maintain insurance as provided in this Article, the Contractor may terminate the Contract ; but the Contractor may terminate the Contract, under this provision, only at a time when building and materials are not insured as provided in this Article. If the Contractor or any sub-contractor takes out fire insurance upon his interest in the building or in materials upon the premises, he shall not have, while such insurance is in force, any right to participate under any policy taken out by the Owner. A SUGGESTED CLAUSE RELATIVE TO PAYMENTS When the system of monthly payments is adopted 1 , the following form may be used in filling the blank in Article 4 of the Agreement. ** On or about the day of each month, .. .per cent, of the value, proportion- ate to the amount of the Contract, of labor and materials wrought into the building up to the first day of that month. as estimated by the Architect, less the aggregate of previous payments. On the satisfactory completion of the entire work, a sum sufficient to increase the total payments to .per cent, of the value of the work, and days thereafter the balance due under the Contract." C be Standard Documents of the Hmencan Institute of Hrcbitects may be ordered at the following cash prices from 0. 6* Soltmanri, Sole Licensee for publication 'Ccc Square Building, 134-140 CClest 29th Street, New ^orh Cbe proposal forms consisting of the Invitation to submit a Proposal, the Form of Proposal, Instructions to Bidders and Instructions to Architects* Less than fifty at 2 x /z cents each ; fifty for $1.00; one hundred for $1.75; five hundred for $7.50 Cbe General Conditions of tbe Contract containing the sixty-three Articles and consisting of loose leaves enclosed in a cover. Less than fifty at 6 cents each ; fifty for $2.75 ; one hundred for $5.00 ; five hundred for $22.50 Cbe Hgreement and tbe Bond The Agreement is issued in two styles, identical in wording. Style A is printed upon both sides of an opaque paper. From it carbon duplicates may be made upon similar blanks. Style B is printed upon one side of a transparent paper. It is especially adapted for reproduction by blue-printing. Architects ordering Forms of Agreement should state which style is desired. Less than fifty at 2K cents; fifty for $1.00; one hundred for $1.75; five hundred for $7.50 A complete trial set of the documents in duplicate will be delivered postpaid on receipt of ten two cent stamps. Should an architect wish to have his name and address printed at the several places in the documents in which they would otherwise be written, an arrangement to that effect may be made with Mr. Soltmann. Should a firm of architects wish to have their name and address printed in the documents, and all references to them put in the plural, an arrangement to that effect may be made with Mr. Soltmann. Apart from the above indicated changes, Mr. Soltmann is not at liberty to print forms varying from the standard until the proposed variations have been submitted to the Committee on Contracts and Specifications and have received its approval.