THE PARK ENGINEERING DIVISION 



641 



justed accordingly. All such work shall be executed 

 under the conditions of the original contract except 

 that any claims for extension of time thereof shall be 

 adjusted at the time of ordering such change. 



Except as provided in Article 15, no change shall be 

 made unless in pursuance of a written order from the 

 commissioners signed by the engineer and counter- 

 signed by the general superintendent or a written order 

 from the engineer countersigned by the general super- 

 intendent stating that the commissioners have author- 

 ized the change, and no claim for any addition to the 

 contract sum shall be valid unless so ordered. 



The value of any such change shall be determined in 

 one or more of the following ways: (a) By estimate and 

 acceptance in a lump sum; (b) By unit prices named in 

 the contract or subsequently agreed upon; (c) By cost 

 and percentage, or by cost and a fixed fee; (d) If none 

 of the above methods is agreed upon, the contractor, 

 provided he received an order as above, shall proceed 

 with the work. In cases (c) and (d) the contractor 

 shall keep and present, in such form as the engineer 

 may direct, a correct account of the net cost of labor 

 and materials, together with vouchers. In any case the 

 engineer shall certify to the amount, including a reason- 

 able profit due to the contractor. Pending final determi- 

 nation of value, payments on account of changes shall 

 be ir.ade on the engineer's certificate. 



20. Claims for Extras. 



If the contractor claims that any instructions, by 

 drawings or otherwise, involve extra cost under this 

 contract, he shall give the engineer written notice 

 thereof before proceeding to execute the work, and in 

 any event within two weeks of receiving such instruc- 

 tions, and the procedure shall then be as provided in 

 Article 19. No such claim shall be valid unless so made. 



21. Payments. 



Payments will be made of eighty-five per cent of the 

 value of the work done or material delivered during 

 each calendar month in full compliance with the con- 

 tract and specifications, provided the progress made is 

 such as to insure completion of the contract within the 

 specified time. The value of the work done or the 

 material delivered will be determined by the estimate 

 of the engineer, to be made not later than the fifth day 

 of the following month. The remaining fifteen per cent 

 shall be retained until the final completion of the work, 

 the issuance of final certificate by the engineer and its 

 acceptance by the South Park Commissioners. In no 

 case, however, shall the contractor be entitled to pay- 

 ment which, in the judgment of the engineer, will leave 

 the balance withheld insufficient to complete the work. 

 The Commissioners will issue permits to enter and use 

 the necessary area for construction purposes, free of 

 charge to the contractor. The contractor shall pay for 

 all licenses and shall give all notices, pay all fees, 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, he shall promptly 

 notify the engineer in writing, and any necessary 

 changes shall be adjusted under Article 19. If the con- 

 tractor performs any work, knowing it to be contrary 

 to such laws, rules and regulations and without such 

 notice to the engineer, he shall bear all costs arising 

 therefrom. 



23. Royalties and Patents. 



The contractor shall pay all royalty and license fees. 

 He shall defend all suits or claims for infringement on 

 any patent rights and save the commissioners harmless 

 from loss on account thereof. 



24.. Use of Premises. 



The contractor shall confine his apparatus, the stor- 

 age of materials and the operations of his workmen to 

 limits indicated by law, ordinances, permits or direc- 

 tions of the engineer, and shall not unreasonably en- 

 cumber the premises with his materials. The contractor 

 shall not load or permit any part of any structure to be 

 loaded with a weight that will endanger its safety. The 

 contractor shall enforce the engineer's instructions 

 regarding signs, advertisements, fires and smoking. 



25. Cutting, Patching and Digging. 



The contractor shall do all cutting, fitting and patch- 

 ing of his work that may be required to make the 

 several parts come together properly or fit it to receive 

 or be received by work of other contractors shown on, 

 or reasonably implied by the drawings and specifica- 

 tions for the completed structure and he shall make 

 good after them, as the engineer may direct. He shall 

 also do any and all shoring of any sort that may be 

 necessary to protect adjacent property. 



Any cost caused by defective or ill-timed work shall 

 be borne by the party responsible therefor. 



The contractor shall not endanger any work by 

 cutting, digging, or otherwise and shall not cut or alter 

 work of any other contractor unless with the consent of 

 the engineer. 



26. Conformity with Ordinances. 



All park ordinances and police regulations regarding 

 the use of the park grounds, obstructions of driveways 

 or boulevards and safeguarding the public must be 

 strictly observed. 



Such material, tools and machinery as are placed on 

 the park grounds, driveways or boulevards, within 

 limits assigned, shall be well guarded with all necessary 

 red lights, signals of danger and barricades. 



27. Maintenance of Order. 



Good order shall at all times be maintained on the 

 work and no intoxicated or disorderly persons shall be 

 permitted on the premises. 



