Railroad Construction Contract.

44. All the necessary turnouts and crossings shall be made by the contractors, and in such manner as the engineer may prescribe.

GENERAL PROVISIONS.

45. For a more full explanation of the form and dimensions of materials and parts, and of the manner of constructing the work in all its details, plans, and, when necessary, bills of timber and plank will be furnished by the engineer, who will also give such directions, from time to time, during the progress of the work, as may appear to him necessary and proper, in order to make the work complete and perfect in all respects, as contemplated in the above specifications; and said plans, bills and directions shall in every respect be complied with.

46. No claims shall be made or allowed for extra work, unless the same shall have been done in pursuance of written contracts or orders, signed by the engineer; and all claims for work done under such written contracts or orders, or on any other account, shall be presented for settlement, on or about the beginning of the month following that in which said work may have been done; or at any other time within three days after the engineer shall have demanded the same; and in case of failure so to present them, the contractors shall forfeit all such claims, and hereby are pledged not to present them in any way afterwards.

47. The corporation will assure a right of way over the premises of landowners, so far as may be necessary to afford the contractors access to their work; but the contractors shall be responsible for all damage done to such premises, in consequence of leaving gates or fences open, and also for all depredations upon fences, wood lots or other property, by the workmen in their employ.

48. It is mutually agreed, that the said company shall furnish the right of way on the line of said railroad; but no claims for damages arising from delay that may in any case occur in obtaining title or possession shall be made by said contractors. But if possession shall not be obtained within three months from the date of this contract, then the said contractors may give notice in writing of such detention, and shall be allowed for the completion of the portion of the work so delayed additional time equal to the period between such notice and the time possession shall be acquired.

49. It is agreed that this contract shall be prosecuted in such order, and at such places and parts of the work, and at such times and seasons, as the said engineer may direct. And that the mortar masonry shall be laid up between the first day of April and the first day of November, and at no other season, unless by the special permission of the said engineer.

50. It is hereby agreed, that the work, during its progress, and the materials delivered for the same, shall be subject to the inspection of the said engineer and his assistants; and if any materials brought on for the use of the work shall be condemned by the said engineer as unsuitable, the contractors shall, if required, remove said materials entirely away from the

Railroad Construction.

line of the work, so as to effectually guard against their introduction into the same.

51. It is further agreed, that if any work is found necessary, of a character not contemplated or provided for in this contract, that the railroad company shall have the right to let the same in a separate contract, provided the prices for doing such work cannot be agreed upon between the said engineer and the said contractors.

52. It is mutually agreed that the Central Railroad Company will be at the expense of transporting the iron rails from New York to White House, and that the transportation of all other materials required under this contract shall be at the expense of the said contractors.

53. It is understood and agreed that the contractors. shall be allowed to use the iron rails for the purpose of temporary track; and that a sufficient quantity for this purpose shall be delivered by the railroad company at White House as soon as may be required by the said contractors.

54. It is also understood and agreed, that the railroad company are to furnish the use of a locomotive engine and gravel cars for ballasting the road-bed and filling the track-the said contractors paying all expenses connected therewith.

55. It is also understood and agreed, that the railroad company, by their engineer, may change the location on sections 17 and 21, so as to equalize the excavation and embankment, and that the grading on the road may be increased in either direction two feet per mile; and that for said changes and alterations no addition or deduction shall be made from the prices specified in this contract.

56. And the said contractors hereby agree that they will perform the work under this contract as before specified; but any alterations in the form, dimensions or materials of said work, which may be directed in writing by said engineer, shall be made by said contractors as directed; and if the work shall be rendered thereby more expensive, they shall be entitled to such extra compensation as said engineer shall estimate to be just and reasonable; and if such alteration shall make the work less expensive, then a deduction shall be made, as said engineer may estimate to be just and equitable.

57. It is further understood and agreed that the specifications, conditions, obligations and prices, specified in this contract, shall regulate and bind the contracting parties, without reference to former proposals or understandings.

And for a failure to make and complete said grading, masonry, bridging and railway superstructure within the time fixed for completion, the engineer shall assess such damages as he may think just and reasonable, and charge said party of the first part with the amount thereof; or the said engineer may employ other help to hasten the completion of the work, within the said specified time, and the expense of such help shall be paid by said party of the first part; or in case it should appear to said engineer that the work had not progressed with sufficient rapidity, he shall have the power to determine that the contract has been abandoned; and in the event of such determination, this agreement, on the part of said corporation, shall

Railroad Construction Contract.

become null and void, and any balance of money due shall be forfeited by the said party of the first part to the said corporation; and the said engineer shall have full right to contract with any person or persons instead of the said party of the first part, their heirs, executors or administrators, for the completion of said work; and the said party of the first part hereby covenant and agree that they will not molest, hinder or interrupt the said corporation, or those employed by them, in the prosecution of said work.

And the said party of the first part may sublet the grading and common masonry, but shall not let or transfer any other part of the work to any other person or persons without the consent of the engineer. And to avoid disputes, and interruptions, and hindrances to the regular and peaceable progress of the different parts of the work, and to prevent unnecessary injury to the rights, property and persons of residents in the vicinity, or of persons travelling on or near the line of said Central Railroad of New Jersey, said engineer shall have power to disiniss from the service of the said party of the first part, every quarrelsome disorderly person, and such as shall be addicted to habits of intemperance; and the said party of the first part shall not employ any person who has been so dismissed from the service of any other contractor; and furthermore, the said party of the first part shall not sell or furnish spirituous liquors, either to persons in their employ, or to any other person or persons on or near the line of said road. This provision is understood as prohibiting entirely the use of ardent spirits as above, and its infringement will subject the said party of the first part to the dismissal and forfeiture hereinafter mentioned.

In condition of the fulfilment by the said party of the first part of the foregoing provisions of this contract, the said Central Railroad Company of New Jersey, hereby promises and agrees that they shall and will, for doing and performing the work, as aforesaid, pay or cause to be paid to the said party of the first part, their heirs, executors or administrators, at the rate of

21 cts.

47 cts.

$1.00

21 cts.

$3.83

$5.00

$7.55

$11.50

Twenty-one and three-quarter cents for every cubic yard of earth excavation, as described in the specifications.

Forty-seven cents for every cubic yard of loose and shale rock as described in the specifications.

One dollar for every cubic yard of solid rock as described in the specifications.

Twenty-one and three-quarter cents for every cubic yard of ballasting.

Three dollars and eighty-three cents for every cubic yard of dry rubble masonry in box and arch culverts.

Five dollars for every cubic yard of rubble masonry in box and arch culverts laid in mortar.

Seven dollars and fifty-five cents for every cubic yard of rubble arch sheeting in culverts and road bridges laid and grouted in

mortar.

Eleven dollars and fifty cents for every cubic yard of hammerdressed arch sheeting in culverts and road bridges laid and grouted in mortar.

$9.45

$5.78

$7.65

Railroad Construction Contract.

Nine dollars and forty-five cents for every cubic yard of brickwork in barrel culverts laid in cement.

Five dollars and seventy-eight cents for every cubic yard of masonry pointed with mortar in public road and farm bridges.

Seven dollars and sixty-five cents for every cubic yard of "hammer-dressed work with rock face" laid in mortar in the four river bridges.

$6.76 Six dollars and seventy-six cents for every cubic yard of "hammer-dressed work with rock face" laid dry in the four river bridges. Six dollars and sixty-two cents for every cubic yard of rubble masonry laid in mortar in the four river bridges.

$6.62

$6.21

213 cts.

47 cts.

$1.00

Six dollars and twenty-one cents for every cubic yard of rubble masonry laid dry in the four, river bridges.

Twenty-one and three-quarter cents for every cubic yard of earth excavation in foundations for masonry.

Forty-seven cents for every cubic yard of loose and shale rock in foundations for masonry.

One dollar for every cubic yard of solid rock in foundations for

masonry.

It being understood that the railroad company are to pay the actual expense of keeping the foundations clear of water.

$5.90

$35.42

$47.24

$53.14

14 cts.

$37.20

44 cts.

4 cts.

35 cts.

$825.00

Five dollars and ninety cents for every cubic yard of concrete used in foundations.

Thirty-five dollars and forty-two cents for every thousand feet, board measure, of hemlock timber and plank, including workmanship, used in foundations.

Forty-seven dollars and twenty-four cents for every thousand feet, board measure, of pine timber and plank, including workmanship, used in public road and farm bridges.

Fifty-three dollars and fourteen cents for every thousand feet, board measure, of white oak or chestnut timber and plank, including workmanship, used in public road and farm bridges.

Fourteen cents for every pound of wrought iron, including workmanship, used in public road and farm bridges.

Thirty-seven dollars and twenty cents for every linear, foot of bridge superstructure in the four river bridges, built according to the plans and specifications.

Four and a quarter cents for every pound of wrought-iron chairs used in the permanent tracks of said road.

Four and a quarter cents for every pound of railroad spikes used in the permanent tracks of said road.

Thirty-five cents for every cross-tie of white oak or chestnut used in the permanent tracks of said road.

Eight hundred and twenty-five dollars for every mile of single railway of two tracks laid; includes the hauling and distributing of the iron rails, chairs, spikes, and castings from White House; hauling and distributing the cross-ties from heaps one mile apart; laying the cross-ties; cutting, laying, straightening and spiking

$53.12

Railroad Construction Contract.

rails; filling track with sand or gravel; removing surplus earth; opening side ditches, and trimming and dressing the road-bed complete according to the specifications contained in this contract. Fifty three dollars and twelve and a half cents for every ton of iron rails delivered at White House or used in the permanent track of said road, of the pattern furnished by the engineer of the company, and equal to Guest & Co.'s iron.

And for furnishing seventy thousand dollars ($70,000) in cash, as required, towards payment of the right of way, fencing, engineering, etc., the said & Co. agree to receive in payment full stock of the said Central Railroad Company of New Jersey at par. And in addition to the prices above stipulated, the said Central Railroad Company of New Jersey hereby agree to pay to the said & Co., contractors, a bonus of thirty thousand dollars ($30,000) in the full stock of the company, payable whenever the above sum of seventy thousand dollars shall have been fully paid in cash, the iron rails deposited at White House and the work commenced to the satisfaction of the engineer of the company.

It is also understood and agreed that the stock for the cash, as advanced, and the bonds for the iron rails, as delivered, shall be paid by the said Central Railroad Company of New Jersey to the said contractors, without any withholding of 15 per cent., as is herein stipulated in relation to all other payments. Payments during the progress of the work, excepting as above specified, will be made in the following manner-that is to say, each and every month during the progress of the work the company aforesaid shall pay eighty-five per centum of the relative value of such work as may have been done, or materials delivered, to be estimated as to quantity and value by the said engineer, until the whole of the work hereby contracted for shall have been accepted as completed agreeably to contract, when the balance due shall forthwith be paid the said & Co., their heirs, executors or administrators. Said payments to be made in the seven per cent. mortgage bonds (not convertible) of the said Central Railroad Company of New Jersey, payable July 1st, 1870, with coupons attached, payable semi-annually. And the said engineer shall be the sole judge of the quality and quantity of all the said work herein specified, and from his decision there shall be no appeal. And it is hereby further agreed, that if the said parties of the first part shall not, on their part, well and truly perform all the covenants herein contained, said engineer may dismiss them from the work, and, in that event, this contract shall become null and void; and any balance for work done on said road, which would have been due the said parties of the first part, shall be forfeited and shall become the right and property of the corporation.

And it is hereby further agreed, that all patent rights and fees connected with the superstructure of the bridges embraced in this contract, are to be paid by the contractors, and if not paid by them, may and shall be kept out and from any moneys due, or which may be due from said corporation to said contractors.

It is mutually understood that when the word engineer is mentioned in this contract, it is intended and meant to designate the engineer of the Central Railroad Company.