Library Collections: Document: Full Text

Supreme Court
New Hampshire

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

My dear Mr. President,

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,

Truly yours,
Henry Toombs

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

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

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

Dear Mr. Toombs:

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:

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

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

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

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

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

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.

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

Very truly yours,
ADAMS-FABER COMPANY

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

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

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.

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.

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

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:

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)

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.

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.)

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.)

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 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.)

Page 2:

Article 5. Acceptance and Final Payment -- Final payment shall be due thirty days after substantial completion of the work provided the work be then fully completed and the Contract fully performed.

Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the 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 that the entire balance found to be due the Contractor, and noted in said final certificate, is due and payable.

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

If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, 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. Agreement between Contractor and Owner. Fifth Edition - Five Pages - Page 3.

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: General Conditions, American Institute of Architects, Fifth Edition; Architects' Specifications Entitled "Specifications of Labor and Materials for the Construction of a House for the President, Hyde Park-on-the-Hudson, New York, dated May 26th, 1938"

GENERAL CONDITIONS....................................S-1
EARTH WORK............................................S-2
CONCRETE...............................................S-3
MASONRY. ..............................................S-4
WATERPROOFING.........................................S-5
MISCELLANEOUS METAL WORK. ............................ .S-6
ROUGH CARPENTRY. ..................................... .S-7
FINISH CARPENTRY. ..................................... S-8
CAULKING AND WEATHERSTRIP PING.........................S-9
ROOFING...............................................S-10
COMPOSITION FLOORS....................................S-11
PLASTERING............................................S-12
HEAT INSULATION....................................... .S-13
PAINTING..............................................S-14
PLUMBING..............................................S-15.
BATHROOM AND CLOSET ACCESSORIES...................... .S-16
ELECTRICAL............................................S-17

Addenda A to the Specifications dated June 30th, 1938, thirty-two paragraphs.

Drawing #1 - 5/26/38 - Foundation, and Basement Plan
Drawing #2 - 5/26/38 - First Floor Plan
Drawing #3- 5/26/38 - Roof Plan
Drawing #4 - 5/26/38 - East and West Slevations
Drawing #5 - 5/26/38 - North and South Elevations and Sections
Drawing #6 - 5/26/38 - Details

Agreement between Contractor and Owner. Fifth Edition - Five Pages - Page 4.

ADDENDA "A" TO THE SPECIFICATIONS
HOUSE FOR THE PRESIDENT
HYDE PARK, N. Y.
June 30, 1938

1. The Interior brick furring of the masonry walls is to be omitted and the foundation walls are to be reduced to a thickness of 1'6". The interior of the masonry walls is to be furred with free-standing 2 x 4's with a clear air space between the inside face of the stone wall and the face of the stud furring. The inside face of the wall is to be dampproofed with two coats of dampproofing compound, R.I.W., Minwax, or equal, prior to furring. The furring is to be covered with rock lath and. plaster.

2. The special waterproofing of the basement walls and floors is to be omitted.

3. Wherever brick is indicated for foundations, cement block of the same thickness may be used.

4. The 8 x 13 flue for the hot water heater shown in the main chimney is to be omitted.

5. The manner of framing the first floor beams of the two wings is to be revised. A 6 x 10 girder is to be run down the length of the wing resting on three cement block piers spaced approximately 8 o.c. The 2 x 10 floor beams are to be framed across the wings resting on top of the 6 x 10 girder.

6. The two stone walls 8' long shown extending out from the east elevation are to be omitted.

7. All work in connection with the building of the terrace on the east is to be omitted except a flagstone platform approximately six feet square is to be installed at the entrance to Door X to the entry.

8. The porch on the east elevation at the entry is to be omitted but the platform is to remain.

Page 3:

9. All shutters are to be omitted.

10. The kitchen cabinet requirements are to be simplified.

11. The finished oak floor is to be #2 red oak 13/16 x 2-1/4.

12. All storm sash for windows and doors are to be omitted.

13. The roof is to be covered with 210# asphalt strip shingles, 10 x 36, with plain backs.

14. All sheet metal is to be plain copper without lead coating.

15. The insulation is to be omitted.

16. The painter's finish on all interior plaster walls and ceilings is to be omitted.

17. The wood floors are to receive one coat of stain, one filler, one shellac and two wax. This omits two coats of floor varnish.

18. The two kitchen sinks are to be Standard. Plate P-6620.

19. All trees and stumps which interfere with the construction of the building are to be removed by the owner.

20. The stone arches over the windows are to be generally like the stone arches in the Nancy Cook house.

21. The bedroom chimney is to be completely omitted.

22. All work in connection with the kitchen entrance porch including the cement platform is to be omitted.

25. The screening of the porch is not to be done but screens are to be provided for the two windows opening out on the porch. Opening Z is not to be screened.

24. Cash allowances are to be revised as follows:
a. For the purchase of finishing hardware.. ..$125.00
b. For the purchase of lighting fixtures....... $50.00

25. Ponderosa pine raised wood panels are to be installed at the window reveals.

26. A forty-gallon electric hot water heater with Hot Point #W 114 or W 97 as manufactured by the Edison General electric Appliance Company or other approved equal is to be furnished and installed in place of the oil burning heater.

27. Copper pipe type M, hard, conforming to Federal Specifications WWT799 and ASTMB 88-33, and copper soldered fittings are to be used for all cold water supply piping, all hot water supply and circulating lines, except pipes exposed at plumbing fixtures.

28. All building stone is to be furnished by the owner at the site.

29. The cash allowance of $160.00 for linoleum includes both furnishing and installation.

30. The contract is based on earth excavation and if rock is encountered the contract price is to be increased using the following units:
Rock in general excavation, $3.75 per cubic yard additional.
Rock in trench excavation, $5.75 per cubic yard additional.

31. The contract includes the spreading of the earth and top soil resulting from the excavation to a rough finished grade but it does not include the supplying or spreading of any additional soil nor final preparation for planting.

32. The contract does not include any work in connection with walks, driveways retaining walls.

ADDENDA "A" - House for the President Sheet #3

ALTERNATES

1. If sand-finished, plaster is used for the third coat in the living room and entry instead of smooth plaster, there will be no change in price.

2. If flat diamond mesh metal lath weighting not less than 3.4 pounds per yard is used in place of rock lath. Add One Hundred Sixty Eight Dollars ($l68.00).

IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written.

Franklin Roosevelt OWNER

ADAMS-FABER COMPANY
Secretary