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.