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Top Cottage Contract For Construction

Creator: Henry J. Toombs
Date: July 1, 1938
Source: Franklin D. Roosevelt Library

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Supreme Court
New Hampshire

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Peter Woodbury
Associate Justice
Box 148
Manchester, N.H.

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My dear Mr. President,

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Here are 3 copies of the contract for your house. I believe you will find them ok and in accordance with our agreement with the contractors. Will you please sign these and have the two copies for contractors and myself forwarded to me at Warm Springs,

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Truly yours,
Henry Toombs

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Lorraine Avenue at the Plaza
Upper Montclair
Montclair 2-4600
White Plains, New York
31 Mamaroneck Avenue
White Plains 510

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ADAMS-FABER COMPANY
INCORPORATED
BUILDING CONSTRUCTION MONTCLAIR, NEW JERSEY
June 30, 1938

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Mr. Henry J. Toombs
101 Park Avenue
New York City

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Dear Mr. Toombs:

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Enclosed are the contracts for the President's House, drawn up in accordance with our discussion of yesterday, and attached to the contract is Addenda A listing the changes made. The contract price of Sixteen Thousand Five Hundred Ninety Nine Dollars ($16,599.00) is arrived at as follows:

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Our original proposal of June 27th in the amount of $20,796.00

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The changes worked out yesterday are as follows and the paragraph numbers given refer to the numbered paragraph in Addenda A.

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Add Deduct
#1 $777.
1 (a) Add for asphalt dampproofing on inside, of stone walls in place of Sisalkraft paper $40.
2225.
3191.
415.
537.
692.
7237.
880.
9164.
1050.
1159.
12249.
15460.
1425.
15196.
16275.
1744.
1875.
19100.
2035.
21612.
22104.
23166.

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Original Proposal.....................$20,796.00

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Add Deduct
#24 (a)$175.
(b) 50.
25178.
26 - No change in price
27 75.
Total$293. $4490.
293

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NET DEDUCTION. .................. $4197.00

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CONTRACT PRICE.................$16599.00

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We have included in the Addenda the two alternates still open - that of the sand-finished plaster and also the change from rock lath to metal lath. This latter price has been revised from the original $70.00 given as Alternate #10 in our original proposal to One Hundred Sixty Eight Dollars ($168.00) to cover the additional area of rock lath introduced when the brick furring was eliminated.

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We trust that the above is clear to you, and should you have any question please get in touch with us,

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Very truly yours,
ADAMS-FABER COMPANY

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THE STANDARD FORM OF AGREEMENT BETWEEN CONTRACTOR AND OWNER FOR CONSTRUCTION OF BUILDINGS

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ISSUED BY THE AMERICAN INSTITUTE OF ARCHITECTS FOR USE WHEN A STIPULATED SUM FORMS THE BASIS OF PAYMENT

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THIS FORM OF AGREEMENT, FIFTH EDITION, HAS RECEIVED THE APPROVAL OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA. IT HAS BEEN SUBMITTED FOR APPROVAL TO THE OTHER ORGANIZATIONS THAT APPROVED THE FOURTH EDITION, AND FAVORABLE ACTION WILL BE NOTED HERE IN SUBSEQUENT PRINTINGS.

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COPYRIGHT 1915-1918-1925-1937 BY THE AMERICAN INSTITUTE OF ARCHITECTS, THE OCTAGON, WASHINGTON, D. C. REPRODUCTION OF THE MATERIAL HEREIN OR SUBSTANTIAL QUOTATION OF ITS PROVISIONS WITHOUT PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS VIOLATES THE COPYRIGHT LAWS OF THE UNITED STATES AND WILL BE SUBJECT TO LEGAL PROSECUTION.

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THIS FORM IS TO BE USED ONLY WITH THE STANDARD GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION OF BUILDINGS.

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THIS AGREEMENT made the first day of July in the year Nineteen Hundred and Thirty Eight by and between ADAMS-FABER COMPANY, INCORPORATED hereinafter called the Contractor, and FRANKLIN DELANO ROOSEVELT hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows:

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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 House for the President, Hyde Park-on-the Hudson, New York (Here insert the caption descriptive of the work as used on the Drawings and in the other Contract Documents)

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prepared by Fanklin Delano Roosevelt, Architect; Henry J. Toombs, Associate acting as and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the General Conditions of the Contract, the Specifications and the Drawings.

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Article 2. Time of Completion-The work to be performed under this Contract shall be commenced immediately and shall be substantially completed November 1st, 1938 (Here insert stipulation as to liquidated damages, if any.)

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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: sum of SIXTEEN, THOUSAND FIVE HUNDRED NINETY NINE DOLLARS ($16,599.00) (State here the lump sum amount, unit prices, or both, as desired in individual cases.)

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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.

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Article 4. Progress Payments -- The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the tenth day of each month ninety 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 the first day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to ninety per cent of the Contract price (Insert here any provision made for limiting or reducing the amount retained after the work reaches a certain stage of completion.)

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