caused by his employees or work, and at the completion of the work he shall remove all his rubbish from and about the building and all his tools, scaffolding, and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified. In case of dispute the Owner may remove the rubbish and charge the cost to the several contractors as the Architect shall determine to be just.

Assignment

1. Contrast the two forms of general conditions and indicate the differences which occur.

2. Which is the superior set? Give your reasons in detail. 3. Select statements out of these general conditions which tend toward misunderstanding. Show how the statements may be reworded to prevent misunderstanding.

4. Are there any omissions in either one of these sets of general conditions which will affect the cost or the general character of the building to be erected?

5. The second set of general specifications has been set up by the American Institute of Architects to apply to the contract for any type of building. Do school buildings require any variation from these general conditions? If so, why?

6. What, in your experience, are the extras which the Board of Education has been required to pay after a building has been erected and the general contractor has been relieved of further responsibility? What safeguards should have been set up in the general conditions of the contract to prevent the necessity of paying these extra costs?

BIBLIOGRAPHY

Agreement with Architect. National School Building Journal, 4:10:443, 463, 465, October; 4:11:520–23, 525, 527, 529, 531, November, 1923.

AMERICAN INSTITUTE OF ARCHITECTS. Documents relating to this subject. Published by American Institute of Architects, The Octagon, Washington, D. C. See Prob. 34 and 36.

BRUCE, W. G. School Architecture: A Handy Manual for the Use of Architects and School Authorities. Johnson Service Co., 1906. (Revised 1910) CUBBERLEY, E. P. State and County Educational Reorganization. The Revised Constitution and School Code of the State of Osceola, pp. 129-32. Macmillan, 1915.

DONOVAN, J. J. ET AL. School Architecture-Principles and Practices, Chapter I, p. 18. Macmillan, 1921.

EVANS, E. J. Building Contracts. E. P. Dutton, 1922.

HENZLIK, F. E. Rights and Liabilities of Public School Boards Under Capital Outlay Contracts, pp. 18-100. Bureau of Publications, Teachers College, Columbia University, 1924.

LOCKHART, G. L. Bond Issues and the Building Program. National School Building Journal, 1922.

Public Schools-Their Construction, Heating, Ventilating, Sanitation, Lighting, and Equipment, pp. 121-24, 131-40. H. W. Kingston Co., St. Paul, Minn., 1918.

MILLS, W. T. American School Building Standards.

Publishing Co., Columbus, Ohio, 1915.

Franklin Educational

Simplifying School Building Contracts. American School Board Journal, 66:68,

June 1923.

PROBLEM 34

INFORMATION FOR BIDDERS ON SCHOOL
BUILDING CONTRACTS

Problem: In asking for sealed proposals or bids for the construction of new school buildings, it is customary for a board of education to include in the specifications or to issue separately a statement informing the bidders of the conditions surrounding the bids. Two forms used by different school boards are shown below.

The information for bidders on the new high school building in Adamsville, N. K., was issued by the Board of Education in the form shown in Case 1.

CASE 1

INFORMATION FOR BIDDERS

Sealed proposals or bids, addressed to the Board of Education, in care of Secretary, School District No. 9, City of Adamsville, N. K., and indorsed "Proposal for High School Building, located at Adamsville, N. K.," will be received by the Owner or the Owner's lawful representative at the office of Secretary, Board of Education, located at Education Building, Adamsville, N. K., until September 1st, 1926, in accordance with the plans and specifications prepared by R. H. Clark, Architect, at which time and place the bids will be publicly opened and read aloud.

Bids must be made in duplicate, the duplicate, without check, to be deposited with the Secretary of the Board of Education previous to the time named for opening bids. The duplicate bid will be deposited in a sealed box, provided for that purpose, in the presence of the person offering bid. The envelope in which duplicate bid is sealed shall be plainly marked on face "DUPLICATE," and the name of project, and shall not be filed until after the original bid is on file.

The original Proposal should be enclosed in a sealed envelope

addressed to the Board of Education, in care of Secretary, School District No. 9, City of Adamsville, N. K., and indorsed "Proposal for (General) or (Plumbing, Heating and Ventilating) or (Electrical) construction, to be opened at time of letting," and delivered to the Secretary of Board of Education.

The sealed envelope will be deposited in a locked box provided for that purpose. No bid will be withdrawn for any purpose whatever after it has been deposited.

Plans and specifications may be seen at the office of the Architect, Exchange Building, Adamsville, N. K.; Chatham Building, Dixon, N. K.; Standard Building, Graham, N. K.; and form of Proposal, Contract, and Bond may be obtained from the office of the Architect.

All bids shall be made on the blank form of Proposal annexed hereto, shall give the price for each item of the proposed work in ink, stated both in words and figures, and shall be signed by the bidder with his full name, and with his business address and place of residence; in case of a firm, the name and residence of each and every member of the firm shall be inserted; and in case. the bid shall be submitted by or in behalf of a corporation, it shall be signed in the name of such corporation by some duly authorized agent thereof who shall also subscribe his own name and the title of his office and, if practicable, the seal of the corporation shall be affixed.

Each bid must be accompanied by a certified check drawn upon a bank or trust company established in the same state as the above building operation and certified by the cashier (or a suitable officer) of the bank upon which it is drawn, for an amount equal to five per cent (5%) of the basic contract proposal and in no case shall the check be drawn for an amount less than one hundred dollars ($100.00), payable to the order of the owner, such check to be returned to the bidder unless forfeited under the condition herein stipulated. This check shall not be enclosed in the sealed envelope containing the bid, but should be delivered to the owner, who will give a proper voucher for the deposit. All such deposits, except that made by the bidder to whom the Contract shall be awarded, will be returned to the person or persons making the same within three days after the execution of the Contract and filing of the surety company's Bond, or in case of the rejection of all bids within three days after such rejection.

A Bond in the full sum of the contract agreement with a surety. company satisfactory to the owner, as surety, will be required for the faithful performance of the Contract, and the Proposal shall state the name and address of the surety company or surety com

panies which will be offered as surety in case the contract is awarded to the bidder.

The party to whom the Contract is awarded will be required forthwith to execute in triplicate the Contract in the form on file in the office of the Architect as specified in the Proposal, and to provide the Bond of a surety company satisfactory to the Owner, all within ten days (not including Sundays or holidays) from the date when a written notice of the award of the Contract is mailed to the bidder at the address given by him; in case of his failure to do so, the Owner may at his option consider that the bidder has abandoned the Contract, in which case the certified check accompanying the Proposal shall become the property of the Owner, and in consideration of the receipt by the Owner of said certified check and the payment thereof, this Proposal and its acceptance shall become in other respects null and void, and the Owner shall be at liberty to make other Contracts with other parties as he sees fit.

After signing of the contract and the acceptance of the Bond by the Owner, the certified check of the successful bidder shall be returned forthwith.

All bids will be compared on the basis as set forth in the Architect's specifications.

The Owner reserves the right to reject any or all bids or to accept any bid, should he deem it for the interests of those for whom he is acting as the lawful agent so to do.

The work is to commence immediately after the signing of the Contract, unless the Architect shall, in a writing, approved in writing by the Owner, authorize a further delay; and it is to be continued with regularity, except during unsuitable weather, until its completion; and the entire work shall be completed on or before.. or (at the earliest possible date compatible with good workmanship) unless the Architect shall in a writing, approved in writing by the Owner, designate some later date.

...

Before the award of the Contract, any bidder may be required to show to the satisfaction of the Owner that he has the necessary facilities, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated, and that he has had experience in constructing works of the same or a similar nature, and to give references which will enable the Owner to satisfy himself as to his qualifications for doing the work.

Proposals which are incomplete, unbalanced, conditional, or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, or which do not comply with the Instructions to Bidders, may be rejected as informal at the option of the Owner.