1849-07-02 Perimeter Fence: Pale Fence Agreement, 2021.020.001

Boston. July 2. 1849

It is agreed between John L. Flanders and Brother on one part, and Bryant & Blaisdell on the other, as follows. - That whereas said Bryant & Blaisdell have agreed to build a fence around the southerly side of Mount Auburn Cemetery, now the said Joghn L. Flanders agrees on his part to do all the carpenter's work, & find all the treenails that may be wanted in building said fence, including the putting together & setting the same, & also the filling in the earth & raming the same on both sides, all of which work is to be done in exact conformity with the specifications attached to said Bryant & Blaisdell's contract with the Proprietors of the Cemetery of Mount Auburn, for building said fence, & also to have the grounds enclosed with a temporary fence every night while the same is being built, they further agree that all the work shall be done to the saisfaction & approval of Doct^r Jacob Bigelow, one of the committee for said Proprietors, and also to have the work completed within the time specified in the contract for building said fence, provided they are furnished with the posts and the ribbon, and the digging of the trench by said Bryant & Blaisdell, in a suitable time for them to acomplish the same.

And said Bryant & Blaisdell agree on their part, to pay said J. L. Flanders, twenty four & a half cents per foot, lineal measure, measuring the fence after the same has been built & finished; said Bryant & Blaisdell also agree to have all the posts delivered as near the site of the fence as the same can be come at with teams.

It is understood that the said Flanders is to select & assort all the posts so as to have all the small ones in one place, & all the large ones in another place, as the same may be directed - Payments, as the work progresses, after deducting 25 per cent of the amount that has been done. Signed, Benj. H. Flandaers for John L. Flanders Bryant & Blaisdell

Specifications for Pale Fence to be erected by Bryant and Blaisdell for the Proprietors of the Cemetery of Mount Auburn around a portion of that Cemetery in Cambridge and Watertown in Massachusetts.

The fence is to be of "white cedar posts" or pales, each 16 feet in length and measuring from 9. to 12. inches at the butt and 6 to 9 inches diameter at the upper ends: they are to be placed side by side in a continued trench which shall be dug where the old ^wooden fence now stands -, this trench is to be 5 feet in depth below the surface of the ground and the earth is to be filled in and rammed solid and firm on the ^two sides of the trench after the fence is set up. - A slab is to be taken off with the saw (or hewed) from two sides of each post or pale in such manner that from the bottom thereof up to the heighth of 8 feet above the surface of the ground the said fence shall be so^as tigbht and truly fitted ^{as can be done by hewing or sawing & so} as to prevent any sight through the said fence or between the said posts or pales;

The top of each pale is to be "picketed" and a horizontal spruce rail 5 x 7 inches is to be "trunailed," or afixed? to the upper part of each pale or post at a uniform distance from the top points thereof, which distance is to be fixed by the Corporation; this rail is to be continued the entire length of the fence and is to be "let into" all the pales or posts who inches at the least, and more if the said Corporation shall require it.

The whole fence is to be set up in a work manlike manner and to be perfectly plumbed and to be straight and true on the outside face thereof. All the tree rails are to be "heart white oak" and one & one eighth inches in diameter. All the bark is to be entirely removed from each post or pale used in the fence. The fence is to be put up in sections of convenient length at a time and so managed that the Cemetery enclosure shall be "closed

up" every night at sun set during the progress of the erection of said fence.

In crossing boggy places every post or pale must be of sufficient length to reach the "hard bottom."

The fence must be commenced as early as the first day of June A. D. 1849. and shall be fully completed previous to November first A. D. 1850. to the acceptance of such person as may be appointed by the Trustees of said Corporation to superintend its erection.

The foregoing specifications are referred to in the annexed Agreement entered into this twenty fifth day of Janoary A. D. 1849.

Jacob Bigelow} Isaac Parker} Committee of the C. P. Curtis} Trustees on Lots.

Bryant & Blaisdell

An Agreement of two parts made this twenty fifth day of January A. D. eighteen hundred and forty nine, by and between "The Proprietors of the Cemetery of Mount Auburn,"a corporation duly established by law in the Commonwealh of Massachusetts of the first part, and Gridley Bryant and Albert Blaisdell, of Boston in said Massachusetts Builders of the second part.

The said Bryant & Blaisdell in consideration fo the sum of money to be paid them by the said Corporation in the manner hereinafter mentioned and the convenants and agreements hereinafter recited to be kept and performed by said Corporation, do for themselves their Executors and Admionistrators covenant promise and agree to and with the said Corporation, that they the said Bryant & Blaisdell shall and will in a good and workmanlike manner, and according to their art and ability, do and perform the following work and provide all the materials of every kind for the same, that is to say to prepare, furnish deliver, set up, build and fully complete in every particular a "Pale Fence{ upon a portion of the [long black dash] sides of the Cemetery of Mount Auburb situated in Cambridge and Watertown, Massachusetts.

The whole of said wo k is to be performed, and all the materials furnished, in conformity with the specifications of the same as made by Gridley J. F. Bryant, Architect under the direction of Jacob Bigelow a Trustee of said Corporation; said specifications have been signed by both the parties hereto and bear even date herewith, and are to be considered as forming a part of this contract.

The said Bryant & Blaisdell, farther agree, that the work aforesaid shall be commenced and be constantly prosecuted, so as not to delay the owner or any other contractor in any manner, and that all said work shall be completed on or before the first day of November. A. D. eighteen hundred and fifty, and farthermore, that no charge of any kind shall be made by the said Bryant & Blaisdell to the said Corporation beyond the sums hereinafter stipulated, unless said Corporation shall alter the aforesaid specifications by changes or omissions in, or additions to the same, in which case the value of such changes ommissions or additions shall be adeed to the amount

to be paid under this contract, or deducted therefrom as the case may require, it being expressly understood that no extra work of any kind shall be performed, or extra materials furnished therefor, unless first authorized ^{in writing} by some duly authorized person on behalf of said Corporation, and that thesaid Corporation may from time to time make any alterations additions or omissions, which may be deemed expedient in said specifications, upon the terms aforesaid.

The said Corporation in consideration of the materials being provided and the work performed as above agreed convenants promises and agrees to and with the said Bryant & Blaisdell their Executors Adminisrators and Assigns that said Corporation will well and truly pay or cause to be paid unto the said Bryant & Blaisdell or their legal Representatives the sum of one dollar and forty eight - cents per foot - for each and every lineal or running foot of fence that is prepared put up and completed in every particular in accordance with the specifications aforesaid: payments will be made from time to time as the work progresses, not oftener than one thousand lineal feet of said fence is set up and finished complete, and twenty per cent of the value of the work actually executed at the time of making each payment to said Bryant & Blaisdell shall be retained by the said Corporation until the final completion and acceptance of the entire works^{and the acceptance of the same} by the Agent appointed by said Corporation to superintend the erection of said fence, when the entire balance found due shall be paid in full to said Bryant & Blaisdell.

It is well understood and expressly agreed by the parties hereto that for each and every day's delay in the performance and completion of this contract or any extra work under it after the said first day of November A. D. eighteen hundred and fifty the sum of ten dollars shall be allowed and paid by said Bryant & Blaisdell to said Corporation or its Representatives as liquidated damages for such delay.

It is farther understood between the parties hereto that said Bryant & Blaisdell or their Representatives shall not be delayed in the constant progress of the work under this contract or any of the ex-