The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-23


| gate fall within the said sum of $500, 900
| When the said plans, drawings and specitica-
| tions, upon approval by the board, shallfnally,
| after advertisements duly published, be
| adopted by them basis for the contract for
the erection of the said depot, then the second
| party obligates himselfto supervise the work as
it progresses at all times, and to report TO the
! board the manner in which the same is done.
In addition 10 this the second party shall rem
der all such services as are generally required
on buildings, and the second party shall be in
all manner subject TO the control of the chief
engineer of the board. acting under its direc-
ton.
The second party further agrees to draft and
submit to the board for its approval new or
modified plans upon the request OF the board,
even ii their plans have been finally adopted,
where, after the contract has been let or the
work partially completed, it shall be deemed
by the board proper or necessary to make adj
ditions to or changes in the original work.
All engineering work involved in the actual
building and construction OF said proposed de-
pot and its foundations shall be paid for by
said parties OF the first part to or through such
contractors or engineers as they shall employ
at their own cost and expense; but said party
of the second part shall pay for at his own ex-
pense any engineering work or services or any
engineer employed by him in the computa-
tions and calculations involved in the prepare
ton by him of the said plans and drawings for
the said building.
As a compensation for his said services and
for such duties as the said party OF the second
part may properly discharge as the architect
for the drawing OF the plans and for the super
vision and construction of said depot and Its
foundation, he shall be entitled to charge and
shall receive from said board, for his services
in connection with the foundations OF said
building, sum equal to 81 per cent upon the
contract price of said foundation Tor upon the
cost of said foundations, in case the same shall
be built otherwise than by contract), and for
his services in connection with the super
structure OF said depot Il sum equal 10 per
cent uDon the contract price of said super
structure Tor upon the cost of said superstruc-
ture in case the same is built otherwise than
by contract, which commissions and eompen-
sation shall be payable to said party of the sec
ond part upon the following contingencies and
in the following times and manners, to wit:
l. If the plans prepared by said party OF the
second part for said work shall be approved
and the construction or work Hereunder shall
be begun within twelve months from date
hereof, then one-half part of said commissions
Ito wit: one and One-quarter per cent OF the
price or cost of said foundations and two and
onehalf per cent OF the price or cost OF the said
superstructure) shall be deemed due TO said
party of the second part at the commencement
OF said work, and shall De paid by said parties
of the first part at the time of commencement
OF said work, or prior thereto, at the option of
the said parties of the first part and the bal
ance of said commissions, namely, the other
One-half thereof, shall thereafter and from
time 10 time be paid to said party of the second
part as the said work progresses, and in pro-
portion as certificates are issued 10 the con-
tractors or builders thereof for their payments
on account.
?. In case the said parties of the first part
shall not commence the actual work of con-
struction of said building and foundations,
pursuant to said plans to be prepared by said
party OF the second part, within twelve months
from date thereof, then and at the expiration
OF said twelve months there shall be paid to
said party of the second part, on account of the
commissions herein above provided for, a sum
equal TO one and a quarter 40 per cent of the
estimated cost OF the said foundations OF said
building las so drawn and planned by him),
and two ana half per cent of the estimated
cost of the superstructure of said building;
but, if the estimated cost of such superstruc-
ture shall exceed the sum OF 100000, the
amount 10 be paid TO said party of the second
part at the end of said twelve months. ON
account OF his commissions upon the said SUI
perStructure. shall be limited to q sum equal
TO % per cent on 5000 and in the case
provided for in this paragraph, whenever said
parties OF the first part shall, after the expira-
tion OF said twelve months from date hereof,
commence the actual construction of the foun-
datlOn or SuperstruetuTe OF said building, pur-
suant to the plans prepared for them by said
party OF the second part, the balance OF the
total fees and commissions hereinaboye pro-
vided for TO be paid to said party of the second
part, less the sum which shall heretofore have
been paid on account as aforesaid, at the ex-
piration Of said twelve months, shall be there
after paid to him from time 10 time in proper
ton as said work of construction progresses
and as certificates are issued to the contractor
or builders thereof Tor their payment on &C.
count.
g. In the event that the said party of the
second part shall, from any other cause than
the abandonment by him of said work without
good cause, cease TO be the architect of the said
board for the completion OF the work contem-
plated, then he shall be entitled to charge and
shall receive from said board for his services
hereunder, over and above such sum as shall
have heretofore become due and payable to
him under the foregoing provisions hereof, q
sum equal to - per cent OF the contract
price or estimated cost of said building and
foundations, or, in lieu thereof, and at the
election of the said parties of the first part
such further WOnld then he dine and
payable TO MIN under and pursuant 10 the
schedule of charges adopted by the American
Institute of Architects, as set forth and defined
in the memorandum hereto annexed marked
exhibit A, which is hereby referred TO and
made part hereof.
When estimates are made by the said party
OF the second part they shall first be submitted
TO the chief engineer OF the said party of the
first part for his approval, and in the event Of
difference OF opinion between the said second
party and said engineer the decision of the
said party of the first part upon the questions
involved in such difference shall be final and
conclusive.
1t is understood that all the drawings, plans
and specifications shall be prepared by said
party OF the second part at his own Office and
at his sole expense for clerical work and draw
| ings.
In witness whereof the said Commissioners
have hereunto set their hands and the official
seal OF the board, attested by the signature OF
their secretary; and the party of the second
part has set his hand the day and year first
above written. G. F. BAssETT,
CHARLES o. ALEXANDER,
w. H. BROWN,
State Harbor Commissioners.
! J. ]. KEEGAN, Secretary.
A. PAGE BROWN.
When there was any glory to be had out
of the ferry foundation, the bridge and the
union depot A. Page Brown was very
| largely in evidence. When there was any
doubt as to the stability of the foundation
or the quality of the concrete A Page
Brown dropped out of sight and showed
| forward Engineer Holmes. Mr.. Brown
was liberal with his name when the design
was to be published, as the publications
will show, but when the breath of scandal
famed the foundation he was again swal-
| lowed in a mist and Holmes had to bear
the brunt of the investigation. Now there
is an investigation in progress by Profess
ors Soule and Marx, the recognized au.
thorities of the State, and the president OF
! the Board of Harbor Commissioners pro.
poses that the architect shall be heard from
Mr.. Brown has clearly violated his con
tract" said President Colnon yesterday
afternoon. "The contract in the first place
was drawn clearly in his favor and had he
lived by his terms he would have been well
enough compensated, but he has not even
had the common decency to follow out its
conditions. He was to have drawn up
the specifications, but it is shown that En-
| gineer Holmes did this work Mr. Brown