Each of these should be drawn to cover fully and clearly its appropriate purpose or function but nothing more. It is not unusual to find, even in the instructions to bidders, stipulations that properly belong in the contract or specifications, and it is quite common to find in the contract proper a lot of matter that properly belongs in the specifications only. In such cases there is liable to be more or less confusion as to the actual meaning or requirements of the general contract as a whole, which may lead to serious misunderstandings and complications between the parties thereto. The several documents composing the general contract are likely to be prepared by different persons, looking at the transaction from different points of view, and often not wholly familiar with the scope, intent and language of the other documents. There is therefore a possibility, at least, of indefinite, if not of conflicting expressions which are open to different interpretations, particularly in the light of special or unexpected conditions that may arise during the progress of the work or the settlement therefor. It would tend to eliminate or avoid the possibility of such complications if each of the several documents confined itself strictly to its appropriate function in the general contract.
Advertisements for proposals may be divided into two general classes. The one is brief in form and substance, simply stating that proposals for a certain named work will be received at a stated place and time, and referring those interested to documents on file at a stated place for all further information. This is the general form adopted by the United States War Department for the many projects carried out by contract under its direction. A sample advertisement taken from a current technical journal is as follows;
TREASURY DEPARTMENT, OFFICE OF the Supervising Architect, Washington, D. C., October 10, 1912. Sealed Proposals will be received at this office until 3 o’clock p. m. on the 1st day of November, 1912, and then opened, for an electric passenger elevator in the United States post office, Bellingham, Wash., in accordance with the drawing and specification, copies of which may be had at this office at the discretion of the Supervising Architect. OSCAR WENDEROTH, Supervising Architect.
The other general class of advertisement, very commonly used by municipal corporations, is much longer and more elaborate, giving a condensed statement of the character of the work to be done, the conditions under which proposals are invited and will be received, and a schedule of the quantities of work involved, together with other particulars. A typical example of such an advertisement, taken from the same periodical, is here given:
PUMPING MACHINERY—ROSELAND PUMPING STATION
DEPARTMENT OF PUBLIC WORKS
Chicago, Ill., October 2, 1912.
Sealed proposals will be received by the City of Chicago until 11 A. M. Wednesday, October 30, 1912, at Room 406, City Hall, for furnishing and erecting at Roseland Pumping Station one vertical triple expansion crank and fly wheel pumping engine of a capacity of twenty-five million (25,000,000) gallons per day against a normal head of one hundred and forty feet (140′). This proposal also includes the dismantling of a similar engine now at Lake View Pumping Station, transporting and erecting it at Roseland Pumping Station, together with the furnishing and erection of certain auxiliaries and appurtenances, according to plans and specifications on file in the office of the Department of Public Works of said city, Room 406, City Hall.
Proposals must be made out upon blanks furnished at said office, and be addressed to said Department, indorsed “Proposals for Pumping Machinery, Roseland Pumping Station,” and be accompanied with Five Thousand ($5,000) Dollars in money or a certified check for the same amount on some responsible bank located and doing business in the City of Chicago and made payable to the order of the Commissioner of Public Works.
The Commissioner of Public Works reserves the right to reject any or all bids. A deposit of One Hundred Dollars ($100) will be required to insure safe return of the plans.