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HomeMy WebLinkAbout2780 Memorandum, James Lawrence Carney and Town of Lexington, supplementary conditions, September 19, 1902THIS MEMORANDUM, made this nineteenth day of September, 1902, between James Lawrence Carney and the Town of Lexington ( the same being supplementary to an agreement between the same parties dated September 8, 1902), WITNESSETH as follows: It have been discovered that the base line of the High School Building at the front entrance is nine inches more or less higher than the same line as it is made to appear on the plan which is re- ferred to in and forms a part of said agreement, it is hereby mutu- ally understood and agreed that said variation of nine inches more or less in the base line shall not impair said agreement; and the parties hereby bind themselves to the performance thereof understand- ing that said plan is to considered as if each and all of the grade lines shown thereon had been made to appear nine inches more or less higher than the same are now marked on the plan. Except as herein explained and modified, said agreement of Sept. 8 is to remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto set their hands, the day and year first above written the Town acting herein by Robert P. Clapp, Chairman of its Building Committee. (Signed) James Lawrence Carney. TOWN OF LEXINGTON. By Robert P Clapp Chairman Building Committee. The Aetna Indemnity Company, surety on a bond given by said Carney to the Town of Lexington under date of Sept. 8, 1902, con- ditioned upon the faithful performance of said agreement between Carney and the Town of Lexington bearing even date with said bond, hereby assents to the foregoing memorandum, and agrees that the obligation of said bond shall attach to the original agreement as above explained and modified. THE AETNA INDEMNITY COMPANY. (Signed) By Frank E. Barnard, Assistant Secretary. " W. Herbert Boynton, Attorney in Fact. [Original of this Memorandum is attached to accompanying bond] THIS AGREEMENT made this eighth day of September, 1902, by and between the Town of Lexington (acting by its High School House Building Committee), hereinafter called the Town, and J. Lawrence Carney, of Boston, herein called the Contrac- tor, WITNESSETH as follows: In consideration of the agreements on the part of the Town herein contained, the Contractor hereby undertakes and agrees to furnish the labor and materials for and do the work of grading and planting the lot whereon the new High School Building in Lexington is situated, all work to be done in conformity with the plans and specifications therefor prepared by Cooper & Bailey, Architects, the same being hereby referred to and made part hereof. For identification they are initialed by the respective signers hereof. The work contracted for includes the construction of drive-ways, gutters, side walk, and retaining wall, all as in- dicated on plan or called for in the specifications; and this work as well as everything required by the plans and specifications shall be done to the satisfaction of the Architects and Building Committee. The agreed price for the completed job, including the plants and shrubs to be furnished and planted by the Contrac- tor is the sum of Twelve Hundred Dollars ($1200.), payable as below provided; and the Contractor agrees to have the job finished (save only as the specifications require care or repair after the sub- stantial original completion of the work) not later than the -fifteenth - day of October - 1902, as to everything except the planting, and to have that all done by the 15th day of Nov. 1902. The Town agrees to accept the work when completed and to pay therefor said sum of Twelve Hundred Dollars ($1200.), and to make the payment in instalments as follows, viz.: at the 2 end of each week 90% of the value (determined by the Architects) of the work then already done, an accumulating reserve to be held back until the job shall be substantially completed. Thereupon the re- served 20% shall and will be paid, less only such amount (not ex- ceeding 5% of the total contract price) as the Architects shall deem to be reasonable as a protection (exclusive of the bond hereinafter mentioned) against such subsequent care [in margin] RMC JES and repair as are required of the Contractor by the specifications. Finally it is understood and agreed by the Contrac- tor that he shall give the Town a bond, with satisfactory surety, for the due and faithful performance of this contract (the premium whereon not exceeding fifteen dollars shall be paid by the Town) and that the making and delivering of such bond is a condition precedent to any liability on the part of the Town hereunder. IN WITNESS WHEREOF the Town has caused the pres- ents to be signed in its behalf by a majority of its High School House Building Committee; and said Carney has here- to set his hand, this eighth day of September, 1902. Executed in triplicate. Town of Lexington By Robert P. Clapp Chairman } Edwin P Bayley } Abram C Washburn } Chas W. Swan } Henry A P Woodward } James Lawrence Carney } High School Building Commit- tee. SPECIFICATIONS for work to be done on the ground about the new High School build- ing for and in the Town of Lexington, Mass., from the plans and under the directions of Cooper and Bailey, Architects. --- Work to be done in general is as follows: Regrade the ground; clearing away all rubbish, constructing the drives and gutter, cultivating and seeding the grounds, and all other work that may be directed in connection therewith as shown upon the plans and described in these Specifications and in accordance with such additional directions as may be given by the architects. The ground to be cleared of all trees, if any, not shown on plan as remaining, and rubbish of every kind that come in the way of the new construction. The stumps and roots of the trees and bushed are to be thoroughly taken out, and with the brush and other unsuitable or surplus material removed from the premises. All trees indicated on grading plan and the stone cannon will remain in their present positions. The loam to the full depth to which it exists is to be removed from all areas, and is to be spread or piled, where di- rected. Loam is to be kept free from sub-soil and debris, and all roots and stones removed at the first handling. After the loam has been removed the surface of the land is to be brought by excavating and filling, as the case may be, to a sub-grade of at least ten inches below the finished grades, where turf is required, as shown or directed, eighteen inches below finished grade, where shown by shaded area on planting plan, and -2- eight inches below finished grade where drives are to be built. Care is to be taken in grading around trees, to dis- turb the roots as little as possible, trees between the street and sidewalk having their roots immediately recovered with fine loam and banked around, as directed. Wherever the grade is raised more than a foot about a tree the trunk shall be protected by a rough stone walling, as directed. (There will be only two trees to be so treated.) Care is to be taken to grade the sub-graded surfaces to graceful slopes, in accordance with the indications given by the contours on the plan and supplementary drtections from the archi- tects. It is estimated (but not guaranteed) that there is already on the premises, available for use, sufficient material to sub-grade the lot in accordance with the requirements of these spec- ifications. It is to be distinctly understood and agreed however by the contractor that should there be any deficiency in such ma- terial for the sub-grading, he shall at this own expense furnish and bring from the outside enough to make good the deficiency, such out- side material, if any, to be of good quality and satisfactory to the architects. Such available sub-gading material is to be under- stood as embracing in addition to the loose dirt dumped upon the premises, whatever may be obtained though the cutting down of the lot in front of the building to the grade shown on the paln and also whatever may be procured by cutting into the ridge or high ground lying in the rear of the building and near line of James F. Russell, the extent of such authorized cutting being indicated by a -3- note on the plan; providing always that the area over which such cutting shall be done, shall be sub-graded in accordance with dire- tions given by the architects and top-surfaced as hereinafter speci- fied for all turfed areas. After the sub-grades have been approved by the ar- chitects, they are to be top-surfaced with loam spread upon the areas intended for turf (such areas including also the strip be- tween the sidewalk and street, not shown on plan) and planting. The loam to be not less than ten inches deep over areas intended to be in turf and not less than eighteen inches deep over area intend- ed to be plant. Should there be any deficiency of loam the contrac- tor shall at his own expense furnish and bring from the outside enough to make good the deficiency. Such outside material, if any, is to be of the best quality and subject to the approval of the ar- chitects. Care is to be taken to prevent the loam from getting into areas intended for drives and walks, a division being made by temporary boards or planks placed along the lines and strongly staked in place. After the loam shall have been spread, it is to be cultivated by trenching over by hand eight inches deep, all wood, roots, sticks, stones and other undesirable material being removed, and the whole ground brough smoothly to the proper shape. All ground is to be kept free from weeds by hoeing and raking and hand weeding from the beginning of the work until it is finally accepted by the architects. Before the trenching well rotted barnyard manure is to be spread over all the areas to be in turf or planted, at least -4- two inches deep. The trenching having been done and the ground having properly settled the areas shall be lightly spaded up and dressed with Bowker's lawn fertilizer at the rate of 800 lbs to the acre. The fertilizer is to raked in with fine toothed rakes, care being taken that the surface is finely pulverized and smoothed to the proper shape. The ground is then to be lightly rolled, lumps and hollows properly smoothed and the whole surface evenly seeded with fresh seed selected by the architects. The surface is again to be lightly and evenly raked with a fine toothed rake and then given a final light rolling. Within one week after the grass has sprung up any spot or area where the grass has not come up well or where the surface has been washed or damaged in any way is to be graded and seeded as before. The seeding must be completed over all front and side areas on or before October 15th 1902 and when seeded the contrac- tor is to water and care of the grass until it is well established, at his own expense. Sodding. Around the building, walls, on either side of drive- ways, along the street walk, and around all areas planted to shrubs, a band of turf twelve inches wide is to be laid. The turf is to be of the best quality pasture sod, clean and free from weeds and cut two inches thick. The sods are to be laid flush with the fin- ished surface of drives and walks, and they are to be set firmly in place by ramming on a board placed upon the and the sod afterwards kept watered until established. -5- Driveways. Excavate for the driveways from the street to the three entrances and extending to the two turns, as shown on the plan. The sub-grade of these driveways is to be eight inches below the finished grade and the road bed is to be worked to an even surface parallel to the finished surface. The finished surface will be rounded or crowned four inches. After the sub-grade has been formed, the road bed is to be thoroughly rolled with a heavy horse ring-roller, or, if the highway superintendent so allows, the town steam roller, before any material is placed upon it, and all soft places are to be dug out and the spaces refilled with suitable material to line of sub-grade and the sur- faces again rolled until they become hard and compact. Upon this sub-grade place a layer of crushed field stone, five inches deep. No stone in this layer is to exceed three inches in any dimensions. Care is to be taken to preserve the crown and this foundation layer is to be well compacted by roll- ing with a heavy roller, and is to be kept in good condition until the pavement is put upon it. A middle layer, of crushed field stone, is to be placed evenly over the foundation layer, no stone in this layer is to exceed two inches in any dimension. Care is to be taken to pre- serve that crown and the whole is to be watered and thoroughly roll- ed again with a heavy ring-roller until the layer is hard and com- pact, and the surface one inch below the finished grade of drive. Upon this middle layer after, it is thoroughly con- solidated, there is to be spread a finishing layer, at least one inch deep after compacting, of fine crushed field stone screenings, composed of stones averaging one half inch in diameter. This -7- layer is to be watered, raked and rolled until thoroughly compacted and hard, and formed to a smooth even surface, and when finished to have a perfect crown of four inches. Gutters. Along the sides of the drives, as directed, construct stone gutters eighteen inches wide, carefully rounded and graded. The stones are to be of even size, egg-shaped, beach stone, not over four inches in greatest diameter, carefully placed by hand in a bed of sand overlaying a concrete base six inches thick. This con- crete is to be composed, by measure, of five parts broken stone, two parts sand and one part Atlas Portland cement. Sidewalk. Along the front of the lot excavate for street side- walk. This walk is to be built by the town. Care is to be taken, however, to leave the trench ready for the walk material, the sides of the excavation being held up by plank strongly staked in place, as before specified. The laying out of the walks, drives and surfaces shall be done by the contractor from the plans and directions of the architects, the contractor employng the engineers (Pierce and Barnes, Boston), who made the original surveys of the lot. Lexington Workmen . In so far as Lexington workmen and laborers, citi- zens of the town, are available for employment on the job and are competent therefor, they shall be given the preference in employ- ment at wages not less than those paid to any outsiders employed in similar capacities on the work. -7- Retaining Wall. The Contractor is to excavate for and put in, as di- rected, a stone foundation 2'-6" deep for the retaining wall on the Russell line opposite the west end entrance. He is to furnish field stone for and build in a satisfactory manner on the above foundations a retaining wall 2'-0" thick to the grade of the highest point of the Russell land along this wall. Shrubs and Planting. The Contractor shall furnish trees and shrubs for the areas to be planted in such numbers and of such kinds as will be satisfactory to the Architects. All to be young, bushy, vigorous stock, free from scale, of good size and of standard stock. The above trees and shrubs are to be planted by the Contractor in the positions and quantities as directed by the Archi- tects. Each group is to be partially mingled with each adjoining group. The Contractor shall warrant and care for the above stock for the period of one year from the time of planting, pruning the same in proper season and warranting them alive and vigorous. Should any of the stock fail, he is, at his own expense, to replace and make good the same to the satisfaction fo the Architects. Further Guaranty. The Contractor shall in the Spring of 1903, and prior to May 1st, make good, at his own expense, any washouts, settlings or other defects that may have occurred in or upon the graded premises subsequent to the original completion of the job, it being understood that the Architects shall be the judges of whether and to what extent any defects exist, and that all the work of replacement and repair shall be doen in accordance wiht their requirements. Sept 8, 1902 R.P.C J.L.C Town of Lexington Contract with J. Lawrence Carney for Grading & Planting Sept 8, 1902 200 2780 copy 1 THIS MEMORANDUM, made this nineteenth day of September, 1902, between James Lawrence Carney and the Town of Lexington ( the same being supplementary to an agreement between the same parties dated September 8, 1902), WITNESSETH as follows: It have been discovered that the base line of the High School Building at the front entrance is nine inches more or less higher than the same line as it is made to appear on the plan which is referred to in and forms a part of said agreement, it is hereby mutually understood and agreed that said variation of nine inches more or less in the base line shall not impair said agree- ment; and the parties hereby bind themselves to the performance thereof understanding that said plan is to considered as if each and all of the grade lines shown thereon had been made to ap- pear nine inches more or less higher than the same are now marked on the plan. Except as herein explained and modified, said agree- ment of Sept. 8 is to remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto set their hands, the day and year first above written the Town acting herein by Robert P. Clapp, Chairman of its Building Committee. James Lawrence Carney. TOWN OF LEXINGTON. By Robert P Clapp Chairman Building Committee. The Aetna Indemnity Company, surety on a bond given by said Carney to the Town of Lexington under date of Sept. 8, 1902, con- ditioned upon the faithful performance of said agreement between Carney and the Town of Lexington bearing even date with said bond, hereby assents to the foregoing memorandum, and agrees that the obligation of said bond shall attach to the original agreement as above explained and modified. THE AETNA INDEMNITY COMPANY. By Frank E. Barnard, Assistant Secretary. " W. Herbert Boynton, Attorney in Fact. [illegible] KNOW ALL MEN BY THESE PRESENTS THAT we, James Lawrence Carney, of Boston, Massachusetts, as principal, and the Aetna Indemnity Company, a Connecticut corpo- ration, having a usual place of business in the Commonwealth of Massachusetts, and duly authorized to transact an indemnity busi- ness in said Commonwealth, as surety, are holden and stand firmly bound unto the Town of Lexington, a municipal corporation in the County of Middlesex and Commonwealth aforesaid, in the sum of Ten Hundred Dollars, to the payment of which to the said Town of Lexington or its successors, we hereby bind ourselves, our re- spective heirs, executors and administrators, jointly and sever- ally by these presents. THE CONDITION of the obligation is such that if said James Lawrence Carney, who has entered into a contract with said Town, bearing even date herewith, in reference to grading and planting the lot whereon the new High School House in Lexington (now nearly completed) is situated, shall duly and faithfully perform said contract, then this obligation shall be void, otherwise it shall remain in full force and virtue. A copy of said contract is hereto annexed. IN WITNESS WHEREOF, we hereunto set our hands and seals, this eighth day of September, A.D. 1902. James Lawrence Carney (seal) Signed and sealed in presence of Ross P. Clapp THE AETNA INDEMNITY COMPANY. By Frank E Barrow Assistant Secretary HB Pearson Attorney in fact 1 THIS AGREEMENT made this eighth day of September, 1902, by and between the Town of Lexington (acting by its High School House Building Committee), hereinafter called the Town, and J. Lawrence Carney, of Boston, herein called the Contractor, WITNESSETH as fol- lows: In consideration of the agreements on the part of the Town herein contained, the Contractor hereby undertakes and agrees to furnish the labor and materials for and do the work of the grading and planting lot whereon the new High School Building in Lex- ington is situated, all work to be done in conformity with the plans and specifications therefor prepared by Cooper & Bailey, Architects, the same being hereby referred to and made part hereof. For identification they are initialed by the respective signers hereof. The work contracted for includes the construction of drive- ways, gutters, side walk, and retaining wall, all as indicated on plan or called for in the specifications; and this work as well as everything required by the plans and specifications shall be done to the satisfaction of the Architects and Building Committee. The agreed price for the completed job, including the plants and shrubs to be furnished and planted by the Contractor is the sum of Twelve Hundred Dollars ($1200), payable as below provided; and the Contractor agrees to have the job finished (save only as the specifications require care or repair after the substantial original completion of the work) not later than the fifteenth day of October, 1902, as to everything except the planting, and to have that all done by the fifteenth day of November 1902. The Town agrees to accept the work when completed and to pay therefor said sum of Twelve Hundred Dollars ($1200), and to make the payment in instalments as follows, viz.: at the end of each week 80% of the value (determined by the Architects) of the work then already done, an acumulating reserve to be held back until 2 the job shall be substantially completed. Thereupon the reserved 20% shall and will be paid, less only such amount (not exceeding 5% of the total contract price) as the Architects shall deem to be reasonable as a protection(exclusive of the bond hereinafter men- tioned) against such subsequent care and repair as are required of the Contractor by the specifications. Finally it is understood and agreed by the Contractor that he shall give the Town a bond, with satisfactory surety, for the due and faithful performance of this contract (the premium whereon not exceeding fifteen dollars shall be paid by the Town) and that the making and delivering of such bond is a condition precedent to any liability on the part of the Town hereunder. IN WITNESS WHEREOF the Town has caused the presents to be signed in its behalf by a majority of its High School House Build- ing Committee; and said Carney has hereto set his hand, this eighth day of September, 1902. Executed in triplicate. Town of Lexington (Signed) By Robert P. Clapp, Chairman) Edwin A. Bayley Abram C. Washburn Charles W. Swan H. A. C Hoodward High School Building Com- mittee James Lawrence Carney. SPECIFICATIONS for work to be done on the ground about the new High School build- ing for and in the Town of Lexington, Mass., from the plans and under the directions of Cooper and Bailey, Architects. --- Work to be done in general is as follows: Regrade the grounds; clearing away all rubbish, constructing the drives and gutters, cultivating and seeding the grounds, and all other work that may be directed in connection therewith as shown upon the plans and described in these Specifications and in accordance with such additional directions as may be given by the architects. The ground to be cleared of all trees, if any, not shown on plan as remaining, and rubbish of every kind that comes in the way of the new construction. The stumps and roots of the trees and bushes are to be thoroughly taken out, and with the brush and other unsuitable or surplus material removed from the premises. All trees indicated on grading plan and the stone cannon will remain in their present positions. The loam to the full depth to which it exists is to be removed from all areas, and is to be spread or piled, where di- rected. Loam is to be kept free from sub-soil and debris, and all roots and stones removed at the first handling. After the loam has been removed the surface of the land is to be brought by excavating and filling, as the case may be, to a sub-grade of at least ten inches below the finished grades, where turf is required, as shown or directed, eighteen inches below finished grade, where shown by shaded area on planting plan, and -2- eight inches below finished grade where drives are to be built. Care is to be taken in grading around trees, to dis- turb the roots as little as possible, trees between the street and sidewalk having their roots immediately recovered with fine loam and banked around, as directed. Wherever the grade is raised more than a foot about a tree the trunk shall be protected by a rough stone walling, as directed. (There will be only two trees to be so treated.) Care is to be taken to grade the sub-graded surfaces to graceful slopes, in accordance with the indications given by the contours on the plan and supplementary drtections from the Archi- tects. It is estimated (but not guaranteed) that there is already on the premises, available for use, sufficient material to sub-grade the lot in accordance with the requirements of these spec- ifications. It is to be distinctly understood and agreed however by the contractor that should there be any deficiency in such ma- terial for the sub-grading, he shall at this own expense furnish and bring from the outside enough to make good the deficiency, such out- side material, if any, to be of good quality and satisfactory to the Architects. Such available sub-grading material is to be under- stood as embracing in addition to the loose dirt dumped upon the premises, whatever may be obtained though the cutting down of the lot in front of the building to the grade shown on the plan and also whatever may be procured by cutting into the ridge or high ground lying in the rear of the building and near line of James F. Russell, the extent of such authorized cutting being indicated by a -3- note on the plan; providing always that the area over which such cutting shall be done, shall be sub-graded in accordance with direc- tions given by the Architects and top-surfaced as hereinafter speci- fied for all turfed areas. After the sub-grades have been approved by the Ar- chitects, they are to be top-surfaced with loam spread upon the areas intended for turf (such areas including also the strip be- tween the sidewalk and street, not shown on plan) and planting. The loam to be not less than ten inches deep over areas intended to be in turf and not less than eighteen inches deep over area intend- ed to be plant. Should there be any deficiency of loam the contrac- tor shall at his own expense furnish and bring from the outside enough to make good the deficiency. Such outside material, if any, is to be of the best quality and subject to the approval of the Ar- chitects. Care is to be taken to prevent the loam from getting into areas intended for drives and walks, a division being made by temporary boards or planks placed along the lines and strongly staked in place. After the loam shall have been spread, it is to be cultivated by trenching over by hand eight inches deep, all wood, roots, sticks, stones and other undesirable material being removed, and the whole ground brough smoothly to the proper shape. All ground is to be kept free from weeds by hoeing and raking and hand weeding from the beginning of the work until it is finally accepted by the Architects. Before the trenching well rotted barnyard manure is to be spread over all the areas to be in turf or planted, at least -4- two inches deep. The trenching having been done and the ground having properly settled the areas shall be lightly spaded up and dressed with Bowker's lawn fertilizer at the rate of 800 lbs to the acre. The fertilizer is to raked in with fine toothed rakes, care being taken that the surface is finely pulverized and smoothed to the proper shape. The ground is then to be lightly rolled, lumps and hollows properly smoothed and the whole surface evenly seeded with fresh seed selected by the Architects. The surface is again to be lightly and evenly raked with a fine toothed rake and then given a final light rolling. Within one week after the grass has sprung up any spot or area where the grass has not come up well or where the surface has been washed or damaged in any way is to be graded and seeded as before. The seeding must be completed over all front and side areas on or before October 15th, 1902, and when seeded the con- tractor is to water and care for the grass until it is well estab- lished, at his own expense. Sodding. Around the building, walls, on either side of drive- ways, along the street walk, and around all areas planted to shrubs, a band of turf twelve inches wide is to be laid. The turf is to be of the best quality pasture sod, clean and free from weeds and cut two inches thick. The sods are to be laid flush with the fin- ished surface of drives and walks, and they are to be set firmly in place by ramming on a board placed upon the and the sod afterwards kept watered until established. Driveways. Excavate for the driveways from the street to the three entrances and extending to the two turns, as shown on the plan. -5- The sub-grade of these driveways is to be eight inches below the finished grade and the road bed is to be worked to an even surface parallel to the finished surface. The finished surface will be rounded or crowned four inches. After the sub-grade has been formed, the road bed is to be thoroughly rolled with a heavy horse ring-roller, or, if the highway superintendent so allows, the town steam roller, before any material is placed upon it, and all soft places are to be dug out and the spaces refilled with suitable material to line of sub-grade and the surfaces again rolled until they become hard and compact. Upon this sub-grade place a layer of crushed field stone, five inches deep. No stone in this layer is to exceed three inches in any dimensions. Care is to be taken to preserve the crown and this foundation layer is to be well compacted by rolling with a heavy roller, and is to be kept in good condition until the pavement is put upon it. A middle layer, of crushed field stone, is to be placed evenly over the foundation layer, no stone in this layer is to exceed two inches in any dimension. Care is to be taken to preserve the crown and the whole is to be watered and thoroughly rolled again with a heavy ring-roller until the layer is hard and compact, and the surface one inch below the finished grade of drive. Upon this middle layer after, it is thoroughly con- solidated, there is to be spread a finishing layer, at least one inch deep after compacting, of fine crushed field stone screenings, composed of stones averaging one half inch in diameter. This layer is to be watered, raked and rolled until thoroughly compacted and hard, and formed to a smooth even surface, and when finished to have a perfect crown of four inches. -6- Gutters. Along the sides of the drives, as directed, con- struct stone gutters eighteen inches wide, carefully rounded and graded. The stones are to be of even size, egg-shaped, beach stone, not over four inches in greatest diameter, carefully placed by hand in a bed of sand overlaying a concrete base six inches thick. This concrete is to be composed, by measure, of five parts broken stone, two parts sand and one part Atlas Portland cement. Sidewalk. Along the front of the lot excavate for street side- walk. This walk is to be built by the town. Care is to be taken, however, to leave the trench ready for the walk material, the sides of the excavation being held up by plank strongly staked in place, as before specified. The laying out of the walks, drives and surfaces shall be done by the contractor from the plans and directions of the Architects, the contractor employng the engineers (Pierce and Barnes, Boston), who made the original surveys of the lot. Lexington Workmen. In so far as Lexington workmen and laborers, cit- izens of the town, are available for employment on the job and are competent therefor, they shall be given the preference in employ- ment at wages not less than those paid to any outsiders employed in similar capacities on the work. -7- Retaining Wall. The Contractor is to excavate for and put in, as di- rected, a stone foundation 2'-6" deep for the retaining wall on the Russell line opposite the west end entrance. He is to furnish field stone for and build in a satisfactory manner on the above foundations a retaining wall 2'-0" thick to the grade of the highest point of the Russell land along this wall. Shrubs and Planting. The Contractor shall furnish trees and shrubs for the areas to be planted in such numbers and of such kinds as will be satisfactory to the Architects. All to be young, bushy, vigorous stock, free from scale, of good size and of standard stock. The above trees and shrubs are to be planted by the Contractor in the positions and quantities as directed by the Arch- itects. Each group is to be partially mingled with each adjoining group. The Contractor shall warrant and care for the above stock for the period of one year from the time of planting, pruning the same in proper season and warranting them alive and vigorous. Should any of the stock fail, he is, at his own expense, to replace and make good the same to the satisfaction fo the Architects. Further Guaranty. The Contractor shall in the Spring of 1903, and prior to May 1st, make good, at his own expense, any washouts, settlings or other defects that may have occurred in or upon the graded premises subsequent to the original completion of the job, it being understood that the Architects shall be the judges of whether and to what extent any defects exist, and that all the work of replacement and repair shall be done in accordance wiht their requirements. 200 Bond of James Lawrence Carney and Aetna Indemnity Company as Surety to Town of Lexington for faithful performance of Grading & Planting Contract Sept 8, 1902 2780 Copy 2