Handbook of Railroad Construction; For the use of American engineers. / Containing the necessary rules, tables, and formulæ for the location, construction, equipment, and management of railroads, as built in the United States.

SPECIFICATION.

76. The object of this paper is to define exactly the terms of the contract as regards execution of work. Every thing therein should be expressed in a manner so plain as to leave no room for misunderstanding.

77. Specification for Graduation.

LINE.

The centre of the road-bed to conform correctly to the centre line of the railroad, as staked out or otherwise indicated on the ground, and to its appropriate curvatures and grades as defined and described by the engineer; and the contractor shall make such deviations from these lines or grades at any time, as the said engineer may require. The road-bed to conform to the cross section which shall be given or described, or to such other instructions as may be given as hereinafter limited; and the same of the ditches and slopes of the work, and of all operations pertinent to the satisfactory performance of the graduation or masonry on the part or parts of the line contracted for.

CLEARING.

The ground forming the base of all embankments, and five feet beyond the foot of the slopes of all embankments, to be cleared as close to the surface as practicable, of all timber, saplings, brush, logs, stumps, or other perishable material. The valuable timber to be laid aside, beyond the clearing as directed by the engineer, the rest to be burned, if this can be done safely, otherwise to be moved beyond the limits of the cleared ground. The ground for ten feet beyond the top lines of all slopes of cuttings shall be cleared in like manner, of all timber and saplings. Wherever additional ground has to be taken in widening excavations to obtain materials, or in widening embankments to dispose of surplus material, or in grading for turnouts or depot grounds, an additional amount of ground shall be cleared in like manner; and when directed by the engineer, wherever additional space is required for outside ditching, or for alterations of roads or watercourses, or otherwise.

GRUBBING.

All stumps and large roots within ten feet of the grade line shall be grubbed out to the entire width of the work, and moved at least ten feet beyond the slopes. The cost of all clearing and grubbing is included in the price for earth work, which price is also understood to include all clearing and grubbing necessary in borrowing pits, spoil banks, road crossings, alterations of roads and watercourses, the formation of ditches or otherwise. The necessary clearing and grubbing in all cases to be kept completed five hundred feet in advance of any work in progress.

MUCKING.

Wherever mud, muck, or similar soft material occurs in excavations or embankments, within two feet of subgrade, it shall be removed and replaced by compact earth or gravel.

GRADE.

The grade lines on the profiles show the true grade, and correspond with a line two inches below the bottom of the iron rail of the superstructure. What is called subgrade corresponds with a line placed eighteen inches below the grade.^[5]

WIDTH OF ROAD, AND SLOPES.

The width of road-way, unless otherwise directed, shall be twenty-two feet wide at grade in earth excavations, and eighteen feet wide in rock excavations. Both rock and earth shall be taken out eighteen inches below grade for the entire width of road-way. The bottoming to be replaced by gravel, broken stone, or spawls, in such manner as shall be directed by the engineer, leaving the necessary ditches of the width and depth directed on either side. The contractor will not be paid for any rock excavated beyond the slope lines of one to eight from the required width, or for any earth excavated beyond slope lines of one and one half horizontal to one vertical, unless directed by the engineer to move additional rock or earth.

BLASTING.

All blasting shall be done at the risk of the first party, who shall be liable to the second parties, or to the railroad company, for any damages incurred in consequence, to dwelling-houses, individuals, or otherwise.

DITCHES.

Whenever required, ditches shall be cut along the tops of the slopes, of the form and size and in the position directed.

SURPLUS MATERIAL.

Whenever the earth or rock required for the adjoining embankments exceeds the amount in the neighboring excavations, the contractor, when required, shall increase the width of said excavations, as directed by the engineer, to a sufficient width for a double track, provided that this additional width shall not be extended so as to produce an average haul of more than eight hundred lineal feet, on said borrowed stuff. And whenever the earth or rock to be moved from any cut exceeds in amount the adjoining embankments, (unless elsewhere wanted,) it shall be applied to widening the embankment to a width for a double track, within the same limits of haul; but for a greater haul than eight hundred feet, the contractor shall be paid
100 of a cent per yard per hundred feet of excess.

BORROW PITS.

Where the excavation does not furnish sufficient material to make the adjoining embankments, borrow pits may be opened. But no earth shall be deposited in spoil banks nor borrow pits opened without the knowledge and consent of the superintending engineer, who shall take care that such operations are arranged so as not to damage the road or its slopes, nor interfere with the widening of the road-bed at a future time for additional tracks.

MATERIAL TO BE SAVED.

If materials be found in the excavations applicable to useful purposes, such as building stone, limestone, gravel, minerals, etc., they shall be laid aside in such place as the engineer may direct, for use, to be applied then or subsequently to the construction of the road under the conditions of these specifications and of the contract.

CLASSIFICATION OF MATERIALS.

Earth—every thing except solid and loose rock. Loose rock—all boulders and detached masses of rock measuring over one cubic foot in bulk and less than five cubic yards. Solid rock, includes all work in ledge, which requires drilling and splitting, and all loose rocks containing more than five cubic yards.

The prices for excavation include all earth or rock excavated in ditching, bottoming, borrowing, road crossings, alterations of road crossings and water channels, and the construction of temporary roads, provided the average distance hauled on each section, be the same as stated on the schedule here annexed; but if the actual average haul on any section is found, on completion, to have been greater or less than the distance stated, a corresponding addition or deduction shall be made, of one cent per cubic yard per hundred feet which the actual haul exceeds or falls short of that stated.

The embankments to be formed fifteen feet wide on the surface, unless otherwise directed, with slopes of one and one half horizontal to one vertical. Wherever the embankment is formed from ditching on either side, such ditching, and the crest of the slopes thereof shall in no case approach within six feet, nor within double the depth of ditch, of the foot of the proper embankment slope, allowing always on one side for a double track; and no soft mud or muck shall be allowed to enter the bank. Wherever watercourses or new channels for rivers require to be formed, they shall not approach within once and one half of the depth of such stream, plus twenty-five feet. Care shall be taken in forming embankments to exclude all perishable material.

SUBSIDENCE.

To allow for the after settlement of materials on embankments, they shall, when delivered to and accepted by the second parties, be finished to the full width to the following heights above subgrades, namely: all banks below five feet in height to be finished three inches above subgrade; at ten feet in depth, five inches; at twenty feet, six inches; and twenty-eight feet, seven inches; at thirty-five feet, eight inches; and at forty feet in depth, nine inches above grade; and intermediate heights in proportion; the engineer having the power to change these proportions at his discretion.

EXTRA EXCAVATION AND EMBANKMENT.

Whenever it is considered necessary to increase the width of the road-way for turnouts, water stations, or depot grounds, whether in excavation or embankment, such work shall be done at the contract prices, as may be directed. The opening of foundation pits in simple excavation, where coffer-dams or such like expedients are not necessary, and in places where such expedients are necessary, all excavation above the water line shall also be done at such increase or decrease of the contract price as shall be deemed proper by the engineer.

EMBANKING AT BRIDGES AND CULVERTS.

The contractor for earthwork shall not carry forward in the usual way any embankments within fifty feet of any piece of masonry, finished or in progress, (counting from the bottom of the slopes,) but shall in every such case have the earth wheeled to the walls or abutments, and carefully rammed to such width and depth, and in such manner as may be directed, when the embankment may be carried on as usual. The expense attendant upon any damage or rebuilding of mason work, consequent on neglect of these directions, shall be charged to the account of the first party. In case the mason work shall not be finished when the embankment approaches it, the contractor shall erect a temporary structure to carry over the earth, and proceed with the embankment on the opposite side; and the expense of said structure shall be paid by, and charged to, the contractor for masonry, in case such contractor shall have delayed beyond the proper or required time, the construction of the mason work; but if the mason work could not have been ready in season for the bank, then shall the expense belong to the contractor for the earthwork, whose price for graduation is understood to comprehend all such contingencies. For the above work of wheeling and ramming efficiently the earth around any piece of masonry, the contractor shall be paid —— cents per cubic yard, by the engineer’s measurement.

The first party is to make good and convenient road crossings wherever directed, and shall also make such alterations of existing roads, or watercourses, or river channels, or such new pieces of these pertinent the section undertaken by him, as may be required, and shall be paid for such work, whether earth, rock, or masonry, the prices, and no more, applicable to this contract. And such road crossings or other alterations referred to, he shall make at and within such times and in such form and manner as the engineer shall direct; and whenever the operations of the first party interfere with a travelled road, public or private, either by crossing or by making required alterations on it, the first party shall so operate as to afford at all times a safe and free passage to the public travel; and the first party shall be liable for any damage to which the second parties or the railroad company may become lawfully liable by reason of his neglect to maintain a safe and properly protected passage for the current travel.

BALLASTING.

Where gravel is used for the ballasting of the road-bed, it shall be of a quality satisfactory to the engineer, and shall be spread upon the road-bed to the width and depth required. When broken stone is used, it shall be of durable quality, and shall be broken so as to pass through a ring of three inches in diameter. The quantity will be measured in the road-bed as finished, and the contractor will be required to keep the ditches trimmed and clear.

The first party shall distribute rubble stone over the slopes of earth embankments, whenever required to do so, to protect said slopes from the action of water. Such stone to be arranged by competent hands, and laid to such thickness, and with stones of such size, as shall be directed. Where the contractor has rock in the neighboring cuttings which is available, it shall be reserved and applied to this purpose; and when not, good rock shall be obtained where the contractor can conveniently get it.

MEASUREMENTS.

All earth or rock necessarily moved to complete the grading of this contract according to direction, will be measured in excavation only; and if the contractor (with the consent of the engineer,) should find it convenient to waste earth from an excavation, instead of carrying it to its proper embankment, and to borrow at some nearer point earth for said embankment to replace that which was wasted, he shall be paid for the earth from the original excavation in the order of its most economical arrangement for the second parties. All earth moved from borrowing pits shall also be measured in excavation only.

78. Specification for Masonry.

FIRST CLASS MASONRY.

First class masonry will apply to bridge abutments exceeding twenty-five feet in height, to the ring stones of arches, and to the piers of bridges in running water. The stone shall be laid at the rate of one header to two stretchers, disposed so as to make efficient bond. No header to be less than forty inches long, and no stretcher to be less than eighteen inches in width. No stone less than twelve inches in thickness, no stone to have a greater height than width, all stones to be placed upon the natural bed. The masonry throughout to have hammer dressed beds and joints. Vertical joints to be continued back at least ten inches from the face of the wall. The mortar joints on the face not to exceed one fourth of an inch in thickness. The stone to be laid with regard to breaking joints in the adjoining courses. The stone must be dressed complete before laying, and not be moved after being placed in the mortar. The face will not be tooled, but only roughly hewed, except for one half inch from the beds and joints, where it will be hammered. The ring stones of arches shall have beds to conform to the radius of the arch, with the end joints vertical, and be made to set smoothly on the centering, with the beds with the proper inclination. Each stone must extend through the whole thickness of the arch, and not be less than eight inches thick on the intrados. No spawls or pinners will be admitted. The ring stone shall be dimension work, according to the plans furnished, the beds and joints being truly dressed, but the faces left rough.

All first class work shall be carefully laid in good cement mortar, (see Art. Cement). Each stone before being laid shall be carefully cleaned and moistened; and masonry built in hot weather shall be protected from the sun as fast as laid, by covering with boards. Copings shall be built of stone of equal thickness, neatly dressed and laid.

All first class masonry shall be well pointed with cement pointing.

SECOND CLASS MASONRY.

To be applied to abutments less than twenty-five feet high, ring and face walls of bridges and culverts, and to piers not in running water, shall consist of stones cut in bed and build to a uniform thickness throughout, before being laid, but not hammered; they shall be laid on a level bed, and have vertical joints continued back at right angles at least eight inches from the face of the wall. The work need not be carried up in regular courses, but shall be well bonded, having one header for every three stretchers, and not more than one third of the stones shall contain less than two cubic feet, or be less than nine inches thick; and none of that third shall contain less than one and one half cubic feet, or be less than six inches thick. No more small stones shall be used than necessary to make even beds, the whole to be laid in cement mortar and pointed.

THIRD CLASS MASONRY.

Applicable to culverts, and to the spandrel backing of arches, shall consist of strong and well built rubble masonry, laid dry for culverts, but wet for backing. The culverts to be of such form and dimensions as the engineer may direct. The foundation courses of the side walls to consist of large flat stones, from eight to ten inches in thickness, laid so as to give a solid and regular basis for the side walls. The side walls to be laid with sound stone, and of sufficient size, and with beds having a fair bearing surface and good bond. The covering stone for culverts being not less than ten inches thick for two feet culverts, twelve inches for three feet culverts, and fifteen inches for four feet culverts; to be free from flaw or defect, and to have a well bedded rest upon each side wall, of not less than twelve inches for two and three feet culverts; and not less than fifteen inches for larger ones. In case such stone cannot be obtained, a dry rubble arch may be thrown instead, well pinned and backed; but the price for the arch shall not be more than the general price for third class masonry, with an allowance for the centering.

FOURTH CLASS MASONRY.

Applicable to cattle-guards, pavement of culverts, and slope and protection walls, shall consist of stones of not less than one cubic foot in contents, so laid and bonded as to give the greatest degree of strength in preference to appearance; being laid when directed with beds perpendicular to the inclined face. Pavements under culverts shall be made by excavating one foot in depth of that part to be paved, which space shall be filled with flat stones one foot wide, set on edge, close together, and made to present an even upper face.

TIMBER AND PLANK FOUNDATIONS.

Timber and plank foundations require the beds to be perfectly well levelled, and timber of such dimensions, and so laid, as shown by the plans; to be well bedded and brought to an even and level top surface. The spaces between them to be filled and well rammed with such material as the engineer may direct. On these timbers planks shall be laid, and trenailed or spiked if required. The materials shall be of quality and shape approved by the engineer, and the price shall be in full for material and labor in laying the whole in a thorough and workmanlike manner.

PILING.

Piling may be used either as bearing piles for foundations, or for piled bridges. In the former case they will be bid for by the running foot driven, and in the latter by the stick of twenty-five feet in length. The piles in either case must be straight round timber, of a quality approved by the engineer, not less than ten inches in diameter at the small end, barked, and properly banded and pointed for driving. They shall be driven in such places, and to such depths as required, and the heads cut off square, or finished with a tenon to receive caps, as may be required. Bearing piles will be cut off so far below the lowest water that any timber foundation laid thereon shall be at all times entirely immersed.

CEMENT.

Cement when used shall be of the best quality, hydraulic, newly manufactured, well housed and packed, and so preserved until required for use. And none shall be used in the work until tested and approved by the engineer.

CEMENT MORTAR.

The proportion of sand and cement for construction shall be one of cement, to two of clean, sharp sand, unless in special cases the engineer direct otherwise, for which due allowance shall be made. It shall be used directly after mixing, and none remaining on hand over night shall be remixed.

LIME MORTAR.

Lime mortar (which in all cases shall contain cement), will consist, unless otherwise directed, of two parts of best quick lime, one of cement, and five of sand; the ordinary mortar of lime and sand being first properly made, and the cement thrown in and thoroughly mixed immediately before using.

Whenever concrete is required to be used, it shall be formed of clean broken stone, cement, and sharp, clean sand. The stone, which shall be of satisfactory quality, shall be broken so as to pass through a ring three inches in diameter. The cement and sand shall be thoroughly mixed in the proportions already described for cement mortar. Thus prepared, it shall be carefully mixed with the broken stone in the proportion of one of mortar to two or two and one half of broken stone, as the engineer upon experiment shall determine, and shall be immediately laid carefully in its place, and well rammed. The concrete shall be protected on the sides by boards, and be allowed to remain undisturbed after laying until it is properly set; and in special cases the engineer shall direct the mode of application. For the proper preparation and laying of such concrete, there shall be paid the price applicable to second class masonry. The contractor shall furnish all tools and plank necessary to the operation.

POINTING.

All masonry in cement or lime will be finished with a good pointing of cement, without extra charge.

BRICKWORK.

When bricks are required, or allowed to be used, they shall consist of sound, hard-burned brick, laid in cement, or common mortar, as directed, and no soft or salmon brick will be admitted; and none but regular bricklayers must be employed.

The whole top of all arches, whether brick or stone, shall be finished by plastering with a good coat of cement, so as to prevent the percolation of water, and turn it away from the arch. The centering shall be such as the engineer approves of in every respect, and shall not be removed until he directs. The cost of backing to be included in the price bid. For arches of more than twenty-five feet span, compensation shall be made, at the engineer’s estimate, for the extra value and cost of the centering proper for large arches.

GENERAL PROVISION.

79. The engineer reserves the right to require the whole or any part of the above described work of masonry to be laid in cement, lime, mortar, or dry, at his discretion. First and second class masonry, and brickwork, will be bid for at prices for laying in cement, from which will be deducted fifty cents per yard if laid in lime mortar, and one dollar if laid dry. Third and fourth class masonry at prices for laying dry, to which will be added fifty cents per yard if laid in lime mortar, and one dollar if laid in cement.

SCAFFOLDING.

80. Nothing shall be allowed for workmanship or timber of any scaffolding used in the construction of timber bridges, or in carrying up abutments, piers, coffer-dams, or otherwise. Should the timber used in any coffer-dam be carried away by floods, the renewal of it shall fall upon the first party.

81. The foundations for all structures shall be executed by the contractor for masonry in such manner and to such depth as to secure a safe and secure foundation, of which the engineer will judge. If a natural foundation cannot be procured at a reasonable depth, then the contractor shall prepare such artificial foundation as the engineer may direct. The stuff moved from the foundations, if of the proper quality, shall be deposited in the adjoining embankment, provided the site for said embankment has been cleared of all perishable material. So much of the stuff as shall not be fit for the embankment, and all roots, stumps, etc., shall be deposited beyond the limits of the clearing, so as not to obstruct roads, watercourses, or ditches.

For the earth moved from such foundations, and for all earth used according to direction, in the construction of coffer-dams, there shall be paid —— cents per cubic yard.

Whenever it may be necessary to pump or bale water in the foundations, the contractor shall furnish the pumps or buckets, and all scaffolding and apparatus necessary to work them. He shall be allowed the net cost of all labor employed in the operations of pumping or baling water, and shall make a monthly return to the engineer of the value of such labor, provided that these operations are conducted in an economical manner, with efficient men, pumps, and tools, under the direction and to the satisfaction of the engineer. He shall also be allowed such compensation for the use of the pumps and apparatus, and for superintendence, as the engineer shall judge to be fair and reasonable.

82. Includes all wooden structures commonly used as substitutes for abutments and piers, and for farm passes, etc., etc. These shall be built according to the plans furnished, and directions given by the engineer, of sound, durable material, to be approved by him. The price bid shall be by the thousand feet board measure, and will be considered as in full for all material except iron, and for the labor of building and erecting complete. The iron used will be of the best American, and the workmanship of approved quality. The bids will be by the pound, and will cover all cost of material and the labor incident to its use. Spikes and nails when used will be furnished by the contractor at cost.

BRIDGING.

83. Contractors may submit plans for bridging in connection with, or separate from their bids; but the engineer of the company may reject such plans if he choose, and substitute others, which if the contractor decline building at the approved prices, may be let to other parties. In every case, the exact manner of building, erecting, adjusting, and finishing bridges, and the determination of the nature and amount of material, will be specified by the engineer. The price bid must be by the running foot of the whole length of bridge, as erected and finished complete.

SUBSILLS.

To maintain the track in good adjustment until embankments are settled, subsills will be laid on certain banks, and likewise in cuts where the imperfect nature of the bottoming may, in the opinion of the engineer, render them expedient. These subsills to be fairly bedded in the earth or ballasting, and carefully adjusted and rammed so as to correspond with the grade lines given by the engineer. An additional piece of sill, four feet long, shall be laid at each joint of the subsill, either under the sill, or alongside, as may be directed. The sills will be of 3 × 9 plank, in length of twelve, fifteen, eighteen, and twenty-one feet; of which one fourth may be below fifteen, one fourth below eighteen, and one fourth below twenty-one feet. The plank must be square at the ends, and of sound, durable material, and not have more than two inches wane on one end only. There will be about 25,000 feet, board measure, laid per mile where it may be required, and 660 joint sills, 3 × 9 inches, and four feet long. When the depth of stuff to be moved to admit the subsills exceeds six inches, an allowance shall be made for extra labor, the amount of which shall be noted by the assistants on their receiving notice of such extra labor from the contractor or his agent.

CROSS TIES.

The cross ties shall be of white, black, or yellow oak, burr oak, chestnut, red elm, black walnut, or other sound timber of suitable character in the opinion of the engineer. Eight feet long, and not more than three inches out of straight, hewn to a smooth surface on two parallel plane faces six inches apart, the faces being not less than seven inches wide for at least half of the number, and the remainder not less than six inches wide. The ties shall be carefully and solidly laid on the subsills, or ballasting, or earth previously properly prepared, so as to give the true planes required by the rails, whether on straight or curved lines. They shall be laid at the rate of eight ties to each eighteen feet rail. All imperfect ties shall be excluded by the tracklaying party. The surface of the ties to be faithfully adjusted to the grades given, and to the web of the rail; and the rail to be truly laid and firmly spiked so as to correspond neatly to the alignment of the road. There will be about 2,500 ties required per mile of road.

CHAIRS AND JOINTS.

When chairs are used, they shall be such as directed by the engineer, and furnished by the company, and shall be well and accurately placed and spiked in such manner and position as required. When chairs are used, the largest ties shall be selected for the joints. When the joint is made by fishing, there will be no tie directly under the joint.

RAILS.

The rails will weigh about sixty pounds per lineal yard. No rail shall be laid on the tangents which is in any way twisted or bent. It shall be the duty of the first party to correct and make true any crooked rails received by him, also to bend to the proper curve, and in such a manner as not to affect the strength of the bar, all rails laid in curves. Punching of rails, and cutting, will also be done by the contractor.

The materials composing the track will be furnished by the company, and it will be laid in the best manner according to the conditions following. The track will be laid on cross-ties, and the ties at the proper places on subsills. Where the sills are used, they will be laid with four feet blocks at the joints, and with six feet blocks at the rail joints, the whole being set to their places by stakes, and by the engineer’s directions, and mauled down to a perfect bearing, being settled at least half an inch by mauling. The cross ties will be placed uniformly distant, (twenty-eight inches from centre to centre). The iron must be so cut or selected that the joints of the parallel rails shall be within two inches of being opposite to each other; no joint tie being allowed a greater amount of askew than this, whether on tangents or curves. A slip of metal shall be inserted at the rail joints while laying, to keep the rails apart sufficiently to allow for expansion, which thickness, (depending upon the temperature,) shall be fixed by the engineer. Notches to be cut at the centre of each bar, to correspond with half a spike, to prevent longitudinal motion of the rails. Each joint chair to be fastened with four spikes. Two spikes at each end of each tie upon straight lines and upon curves of less than 1,500 feet radius at the outer end of the tie two spikes outside and one inside, and at the inner end two spikes outside and one inside of the rail. Upon curves the outer rail to be raised by such an amount, depending on the radius of curvature, as the engineer may direct.

The contractor to put in such turnouts and sidings, with the necessary frogs and switches, as may be required; the frogs and switches to be firmly and truly placed in position so as to work easily.

FILLING AND DITCHING.

The stuff moved in bedding the sills and ties, to be placed between the latter. The ditches to be properly cleaned out after the track is laid; the filling never to rise higher than the top of the cross tie. Any surplus stuff to be moved out of the cuts, or if on embankment, to be thrown over the bank, leaving the track and road-bed in a neat and workmanlike shape.

DELIVERY OF MATERIALS.

The ties and sills to be delivered at some point on the road as near as possible to the places where they are to be used, in no case requiring more than one thousand feet of haul; to be so piled as easily to be counted and inspected. The bids for ties will be by the piece; the proposal stating the number and conditions; the sills to be bid for by the thousand, board measure. All material furnished in connection with track laying to be delivered in such manner and time as to comply in good season with the contract for laying the rails.

MEASUREMENT OF TRACK.

The measurement of track laid shall include the turnouts, measuring from heel to heel of switch. No extra allowance being made for putting in frogs or switch machinery.

Bids for fencing will be by the running foot, or mile, including both sides of the road. Where required, it will consist of posts placed eight feet apart from centre to centre, set three feet into the ground, either by digging or boring, and not by mauling. The posts shall be of oak, elm, chestnut, or other durable wood, not less than eight inches in diameter at the bottom, barked and charred where put into the ground. The boards to be 6 × 1 inches, and to square sixteen feet long, to be placed six inches apart vertically, and fastened to the posts with tenpenny nails at each bearing, and breaking joint with each other. There will be five bars in depth, the top of the uppermost being five feet from the ground. In side hill and in ground liable to slide, particular care shall be taken to place the posts firmly in the ground. At cattle guards, the fence will be turned in to the proper distance, and such arrangement made as to prevent the passage of animals.

86. General Provisions.

CLASSIFICATION.

The classification of material excavated will be referred to the engineer, in all cases where the nature of the material is questioned, and his judgment taken thereon. Also all material used in structures will be submitted to the inspection of the engineer or his assistants.

The quantities and qualities of work presented in the schedule are merely approximate, and the information given on the maps and profiles in relation thereto is according to the best present knowledge. The company retains the right to change at any time during the progress of the work, the alignment, grades, and width of the road, or any part thereof; and also the limits of the sections, or to alter the character, vary the dimensions, or change the location of structures, or substitute one kind of work or material for another, or to omit entirely, when found necessary, or to require to be built where not now contemplated; and the contractor shall carry into effect all such alterations when required, without the contract prices being thereby affected, unless the aggregate value of all work contemplated by the contract be changed full twenty per cent., in which case a fair allowance, either for the company or the contractor, shall be made by the engineer. In case, however, the aggregate value of the work be changed by over twenty per cent. of the original amount, and the contractor be not satisfied with the altered compensation, then said contractor may throw up said contract, on condition, that within ten days after receiving notice from the engineer of such alteration, he give written notice to the engineer or the company of his desire to do so. In which case, as in other cases of throwing up the contract, he shall as soon as desired, give peaceable possession to the company or their agents; leaving also in their possession any tools or machinery upon which they have advanced any thing; and the company may then settle with the contractor on the measure of damages which either shall suffer.

The basis for estimating any changes as above mentioned is understood to be the schedule exhibited at the letting.

NO LIQUOR, AND GOOD ORDER.

The contractor shall not sell, or allow to be sold or brought within the limits of his work any spirituous liquors, and will in every way discountenance their use by persons in his employ. He will do all in his power by his own act, or by assisting the officers of the county, or of the corporation, in maintaining the laws and such regulations as conduce to good order and peaceable progress, and prevent encroachment on the rights of persons or property; and he shall discharge from his service, when required by the engineer, any disorderly, dangerous, insubordinate, or incompetent person, and refuse to receive into his employ any who may have been discharged for such cause from other parts of the work.

MONTHLY ESTIMATES.

Measurements and estimates shall be made by the engineer once in each month, by means of which may be known approximately the amount of work done, and the contractor shall be entitled to payment therefor at such rates below his contract prices as the engineer or president of the company deems expedient; it being understood that the contractor has no claim on account of any material not laid in its place in the road-way, or for labor bestowed thereon; and the quantities shall be estimated from the dimensions when so laid, though on the advice of the engineer, advances may be made on such material when delivered for use, in which case it becomes the property of the company, in the contractor’s care and keeping, and he becomes liable for its loss or injury.

EXTRA WORK.

No claim for extra work or for work not provided for in the contract shall be allowed, unless a written order to perform such work shall have been given by the engineer; or that the work be subsequently certified by him, and the certificate produced at the time of demanding the payment of the monthly estimate next after such work shall have been performed.

SUB-CONTRACTS.

The contractor will be required to perform the work himself, and no sub-contracts relieving him from the responsibility of a proper performance of his contract will be permitted, unless by the written consent of the president of the company. And no moneys shall be paid to any such sub-contractor for work or materials, without sufficient authority from the principal contractor.

WHEN WORK TO BE COMMENCED.

On the acceptance of a proposal, the chief engineer will give notice thereof to the person proposing, by letter directed to his stated address; and in twenty days from the date of such notice, provided there be no impediment on the part of the company, or in twenty days after such impediment is removed if there be, the work shall be begun with an adequate force, and from that time be prosecuted vigorously until its completion.

It shall be understood that proper progress is not made, if the amount of work done in each month is not in due proportion to the total amount to be done up to the time fixed for completion by the contract; in which case the engineer shall call the attention of the contractor (or whoever may be in charge of the work if the contractor be absent,) to the fact, and state to him what additional exertion is necessary to be made, and what further force is required, in such reasonable time as may be prescribed.

PUTTING ON MORE FORCE.

In default of the contractor’s making such additional exertion, and supplying such force, the chief engineer, or president of the company may have such force sent to the work, and the necessary buildings may be erected to receive them at the contractor’s charge and expense, who shall receive the said force in his employ, and work it at whatever price it may have been found necessary to employ it, without diminishing the previous force of the work, and regarding always such extra force as if employed by himself.

CAUSES FOR DETENTION.

There shall be no claim for detention on account of work not being laid out, unless a written notice three days in advance, that it is required, shall have been given to the engineer; and the damage for such detention shall be estimated by the engineer. The right of way shall be furnished by the company, but if it fail to do so for any particular place, damages for detention shall not be claimed unless the contractor be detained full twenty days after he shall have given written notice to the engineer of his wish to commence work at such place. Then the engineer may either estimate to him the amount of damage which he shall take as satisfactory, or he may extend the time of the completion of such work by as many days beyond the contract time, as the contractor is detained beyond the twenty days following his notice to the engineer.

THE ENGINEER.

In all cases where the word “engineer” is used, the engineer in charge of construction is meant; but the directions of any subordinate engineer shall be obeyed when given in regard to any of the ordinary operations, or where they are evidently in accordance with the specifications, or when transmitting the orders of his superiors. In other cases they may be referred to the resident engineer, and finally to the chief engineer, he being the authorized officer, at the time acting in that capacity.

CONTRACTOR.

The word “contractor” applies to and includes all persons contracting jointly, any one of whom shall be considered the authorized agent for and in behalf of his associates, and empowered to receipt payment of moneys, receive and act upon orders.

THE CONTRACT.

87. This is the mutually binding legal article of agreement between the contractor and the company, specifying the times of completing, manner of payment, and describing the work which is to be done. Thus:—