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.

TRACK LAYING.

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.

TURNOUTS.

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.

85. Specification for Fencing.

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.

QUANTITIES AND QUALITIES APPROXIMATE.

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.

BASIS FOR ESTIMATING EFFECT OF CHANGES.

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.

HOW TO PROGRESS.

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.