Contractor's Foreman

The Contractor is to have a representative fully empowered to act in all cases for him on the site whenever any work is in progress or material being delivered; and neither the Owner nor the Architect will give to anyone, except such representative, any directions or instructions. Should such representative not give proper attention to such directions or instructions, such neglect will be sufficient cause for refusal on the part of the Owner to make further payments until the settlement of the questions involved.

The protection by the Contractor, of trees, sidewalk, curb, adjoining property, etc., as required hereinafter, will not relieve the Contractor from responsibility for any injury which may occur to such protected items on account of the building operations.

The Drawings

It is the intention that the general scheme for the work shall be illustrated by the drawings, on which all dimensions and sizes are given. When features or details are evidently of a similar nature to those already shown, they will not be carried out in detail; but in all such cases the Contractor will complete the work in accordance with the evident intent of the drawings.

The materials are in general designated; and when the drawings are competent to show fully what is required, it will not be within the province of the specification, or details to be prepared later, to make further reference thereto.

The Specification

It is the intention that this specification shall cover those material points only which the drawings are not competent to cover; and the fact that certain items are indicated on the drawings, and not mentioned herein, will not relieve the Contractor from furnishing them. It is the intention that the drawings and this specification shall so co-operate that all matters in connection with the proposed structure necessary for making accurate estimates for the completion of the building, shall be fully set forth. There are, however, certain operations and materials evidently necessary for the construction; and unless these are of unusual nature, no mention thereof will be made, but such fact will not relieve the Contractor from his obligation to provide for all such items.

The Architect

The Architect is the technical adviser for the Owner, and will have the general direction and oversight of the building operations, with the right conceded by both Owner and Contractor to accept or reject finally materials or workmanship, to decide the amount due at each payment period, and to determine when the Contractor has complied with the conditions of his agreement.

He is not to be responsible for such items as whether or not liability for liens exists, or for such other matters of business detail as do not require the technical training for architectural practice.

As the Architect must depend on the clear requirements of the drawings and specifications for his authority in exercising his duties, it is desirable that all questions which may arise be fully settled therein, so far as practicable, before the submission of bids. Therefore all parties who propose to submit bids should, in writing, call attention to any points which in their judgment are not fully explained by the drawings and specifications, at least six days before that set for receipt of proposals; and such questions, with the replies thereto, will be forwarded to each prospective bidder; and the failure of any bidder to ask for such supplementary information will be construed, after the award of the contract, as barring him from demurring from any ruling which in the opinion of the Architect is justified by the contract requirements. In any questions of a technical character which may arise between the Owner and Contractor, the Owner will be governed by the decision of the Architect.

Payments

Before beginning the work, the Contractor, if he so desires, can prepare for the Architect a statement showing the order in which he will proceed with the construction of the building; and a schedule of the quantities of all items entering into the work, with the value of each in place - the total of such values to be the contract price. If, in the judgment of the Architect, this schedule is perfectly fair, it will be adopted as a basis of the monthly estimate of the value of the work satisfactorily in place; and on he 3rd day of each month, the Owner will pay on the contract price 90 per cent of the value of the materials satisfactorily in place on the 1st, as determined by the schedule; but in these estimates, no account will, under any circumstances, be taken of the value of materials not finally incorporated in the building.

If, however, the Contractor does not elect to prepare such a schedule, or prepares a schedule evidently not fair to the Owner, then the Owner will pay to the Contractor on the 3rd of each month 90 per cent of the value of the materials satisfactorily in place, as determined by the Architect's estimate; and in determining the value, the Architect is to be governed by the total contract price, so that at all times there will be reserved by the Owner sufficient funds to complete the building, in case of default on the part of the Contractor, at usual market rates, and in addition 10 per cent.

Time

The time limit for the completion of the work will be nine months from the date of award of contract; and it will be a condition of the contract, that there will be deducted from the final payment the sum of fifteen dollars as liquidated damages for each day's delay after the expiration of such period, until the final acceptance of the work by the Architect and its delivery to the Owner.

The Site

Put a tight board fence 5 feet high, with three 2-inch by 4-inch rails, and with 4-inch by 4-inch posts set 6 feet on centers which will protect adjoining property from encroachments during building operations.

On the street side, and in front of the spot to be occupied by the building on the Avenue, enclose such portion of the roadway as is permitted by the City building ordinance to be used in building operations, with such fence - also place such walks - as are required by such ordinance.

On the site is one oak tree, and in the street two elm trees. These are to be protected by tree boxes of 2-inch plank and 2-inch by 4-inch cleats, with such holes cut on sides as will permit a full circulation of air about the trunk; and under no circumstances are any guy ropes to be secured to, or allowed to interfere with, any portion of the trees.

There will be no attempt to save any of the sod or shrubs now on the site, and the Contractor will be allowed all the space for piling material, etc.

Excavation

Four test-pits have been dug to a point 1 foot below the bottom of all footings; and bidders should visit the site and examine the conditions. The black soil which constitutes the top stratum is all to be piled on the lot wherever the Contractor desires, so long as it is not against the oak tree. Below the black soil is a stratum of sand which is satisfactory for concrete and cement mortar; below this is coarse gravel which may be used for concrete, provided all stones which will not pass through a 2-inch ring are cracked to such size. Any other material to be taken from the excavation is worthless, and must be hauled away.

The excavation is to be carried on so that different strata will be kept in separate piles. Any materials mixed so as to make it undesirable in the opinion of the Architect to use them for the purposes above designated, are to be hauled away.

The curbstone in place is to be protected so that there will be no settlement or shifting before the supporting wall is completed, by sheet piling driven down just back of the inside of curb line.

The other sides of the excavations will be sloped enough to prevent caving.

The excavation will not go below the party wall of adjoining building.

All excavation for footings must be complete before any footings are placed.

Backfilling

After all foundation walls are completed and thoroughly set, backfilling is to be done with sand or gravel.