SPECIFICATIONS FOR SANITARY DRINKING FOUNTAINS

1. All types of drinking fountains with vertical jets are to be condemned. 2. Most types of drinking fountains with slanting jets are to be condemned. 3. To be sanitary, drinking fountains should conform to the following specifications:

a. The jets shall be slanting.

b. The orifices of the jets shall be protected in such a manner that they cannot be touched by fingers or lips, or be contaminated by droppings from the mouth, or by splashings from basins beneath the orifices.

c. The guards of the orifices shall be so made that infectious material from the mouth cannot be deposited upon them.

d. All fountains shall be so designed that their proper use is self-evident.

Witnesseth, that the Contractor and the Owner for the considerations hereinafter named agree as follows:

Article 1. Scope of the work. The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and described in the Specifications entitled...

prepared by.

acting as and in these Contract Documents entitled the Engineer; and shall do everything required by this Agreement, the General Conditions of the Contract, the Specifications and the Drawings.

Article 2. Time of completion. The work to be performed under this Contract shall be commenced..

and shall be completed......

Article 3. The contract sum. The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds as follows:.

Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship.

Article 4. Progress payments. The Owner shall make payments on account of the Contract as provided therein, as follows:

On or about the.....

....day of each month.....

per cent of the value, based on the contract prices, of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to

These documents were copyrighted in 1924 by The American Institute of Architects for the Joint Conference on Standard Construction Contracts, composed of delegates of that Institute, American Water Works Association, American Society of Civil Engineers, American Railway Engineering Association, American Association of State Highway Officials, Association of General Contractors of America, Western Society of Engineers and American Engineering Council. These documents call for the arbitration of disputes involving time and money solely, as an expeditious, inexpensive means of settling controversies. If the arbitration feature is not desired, references to it in Articles 12, 18, 23, 31 and 39 and the whole of Article 40 should be stricken out in the Standard General Conditions and Articles 41 and 42 should be made Articles 40 and 41. This will provide a contract form under which all disputes which the parties cannot settle by agreement must go directly to the courts for preliminary trial. These documents must be supplemented by the other forms in local use, such as the Advertisement, Instructions to Bidders, Bond and Specifications. The Joint Conference is not considering Specifications, which are also outside the scope of our Committee's work, and the Conference has not made any recommendations yet as to these other forms. J. Waldo Smith, Chairman, Committee on Standard Form of Contract.

the.....

.day of that month, as estimated by the Engineer, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to.. per cent of the Contract price.

Article 5. Acceptance and final payment. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection, and when he finds the work acceptable under the Contract and t'e Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor at the office of the Owner.. .days after the date of said final

certificate.

Before issuance of final certificate the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid.

The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing after final payment or from requirement of the specifications, and of all claims by the Contractor, except those previously made and still unsettled.

If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the Owner shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Article 6. The contract documents. The General Conditions of the Contract, the Specifications and the Drawings, together with this Agreement, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Specifications and Drawings:..

In witness whereof the parties hereto have executed this Agreement, the day and year first above written.

STANDARD GENERAL CONDITIONS FOR ENGINEERING CONSTRUCTION

Article 1. Definitions. a. The Contract Documents consist of the Agreement, the General Conditions of the Contract, the Drawings and Specifications, including all modifications thereof incorporated in the documents before their execution. These form the Contract.

b. The Owner, the Contractor and the Engineer are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender.

c. Wherever in this Contract the word Engineer is used, it shall be understood as referring to the Engineer of the Owner, acting personally or through an assistant duly authorized in writing for such act by the Engineer.

d. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

e. The term subcontractor, as employed herein, includes only those having a direct Contract with the Contractor and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked.

f. The term "work" of the Contractor or Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the Contract.

g. All time limits stated in the Contract Documents are of the essence of the Contract.

Article 2. Execution, correlation and intent of documents. The Contract Documents shall be signed in duplicate by the Owner and the Contractor. In case the Owner and the Contractor fail to sign the General Conditions, Drawings or Specifications, the Engineer shall identify them.

The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any heading, branch, class or trade of the specifications shall be supplied unless distinctly so noted on the drawings. Materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards.

Article 3. Detail drawings and instructions. The Engineer shall furnish, with reasonable promptness, additional instructions, by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable thereform.

Article 4. Copies of drawings furnished. Unless otherwise provided in the Contract Documents, the Engineer will furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work.

Article 5. Order of completion. The Contractor shall submit at such times as may be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts.

Article 6. Drawings and specifications on the work. The Contractor shall keep one copy of all drawings and specifications on the work, in good order, available to the Engineer and to his representatives.

Article 7. Ownership of drawings. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on other work, and, with the exception of the signed Contract set, are

to be returned to him on request, at the completion of the work. All models are the property of the owner.

Article 8. The Contractor's understanding. It is understood and agreed that the contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employe of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained.

Article 9. Materials, appliances, employes. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. Unless otherwise specified. all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

The Contractor shall at all times enforce strict discipline and good order among his employes, and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him.

Article 10. Royalties and patents. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for all such loss when a particular process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has information that the process or article specified is an infringement of a patent he shall be responsible for such loss unless he promptly gives such information to the Engineer.

Article 11. Surveys, permits and regulations. The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified.

The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom.

Article 12. Protection of work and property. The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection