Trustworthy, administrator
6,720
edits
Changes
m
To supply all materials &c
The contractor shall to the satisfaction of the Engineer in a workmanlike substantial and lasting manner construct and execute all the Works herein mentioned and specified or referred to whether temporary or permanent including all contigent and incidental works and shall construct and execute all the said Works, and in the manner and according to the directions and provisions herein respectively as delineated on the Drawings enumerated herein after mentioned specified or referred to or in any detailed or modified Specifications Drawings Plans Sections or written instructions which may from time to time be given to the Contractors by the Engineer, and in and for the construction and execution of the said works, the Contractor shall provide and supply all the materials plant articles and things which according to this specification are to be provided by the Contractor or which may be requisite or proper for the due performance of the works and of all the kinds descriptions and qualities specified in or to be inferred from this Specification and the Drawings or from any detailed Specification Plans Drawings Sections or written instructions as aforesaid of the best and most proper kinds or descriptions respectively to the satisfaction of the Engineer, and shall also find and provide all labour tools plant and machinery requisite or proper for the due performance of the work, and in executing the same shall perform fulfill obey and abide by all the directions provisions terms and conditions of this Specification and the Drawings and of any such detailed Specifications and written instructions as aforesaid and shall be subject to the several liabilities and obligations in case of default herein mentioned it being the intention of these Presents that the Contractor shall do execute and provide in accordance with this Specification everything requisite or proper for the entire performance of the said Works.
41 Contractor to keep competant Foreman on Works
Company may employ another foreman in default of Contractor doing so.
Typo
1 The contractor to execute all works
To supply all materials &c
The contractor shall to the satisfaction of the Engineer in a workmanlike substantial and lasting manner construct and execute all the Works herein mentioned and specified or referred to whether temporary or permanent including all contingent and incidental works and shall construct and execute all the said Works, and in the manner and according to the directions and provisions herein respectively as delineated on the Drawings enumerated herein after mentioned specified or referred to or in any detailed or modified Specifications Drawings Plans Sections or written instructions which may from time to time be given to the Contractors by the Engineer, and in and for the construction and execution of the said works, the Contractor shall provide and supply all the materials plant articles and things which according to this specification are to be provided by the Contractor or which may be requisite or proper for the due performance of the works and of all the kinds descriptions and qualities specified in or to be inferred from this Specification and the Drawings or from any detailed Specification Plans Drawings Sections or written instructions as aforesaid of the best and most proper kinds or descriptions respectively to the satisfaction of the Engineer, and shall also find and provide all labour tools plant and machinery requisite or proper for the due performance of the work, and in executing the same shall perform fulfill obey and abide by all the directions provisions terms and conditions of this Specification and the Drawings and of any such detailed Specifications and written instructions as aforesaid and shall be subject to the several liabilities and obligations in case of default herein mentioned it being the intention of these Presents that the Contractor shall do execute and provide in accordance with this Specification everything requisite or proper for the entire performance of the said Works.
2 Contract includes all materials &c
Except permanent way
6 “Contractor”
The word "Contractor" shall be taken to apply equally to all and each of the Partners of firm (if any) entering into a contract with the said Company or to any single individual making such Contract.
7 “Authority”
“Authority” or “orders in writing” and all expressions to that effect shall apply to any printed or written Documents signed by the Secretary or Engineer of the Company whether such documents be letters notices drawings or sketches
8 Company to deliver lands to Contractor
The Company will from time to time deliver to the Contractor so much of the lands required for teh the works as shall in the opinion of Engineer be sufficient for teh the commencement by the Contractor of such work respectively and will from time to time deliver to the Contractor posession possession of the residue of the land required in such pieces or parcels as the Engineer may think proper and sufficient for the due completion of the said works within the period eo whch to which the Contractoris Contractor is limited by the Contract.
9 Contractor to commence immediately after notice shall have been given by Engineer
Prosecute work with Diligence
And deliver same complete within time limit
The Contractor shall commence the execution of such of the said Works as the Company may from time to time think proper to have executed and as may be included in any notice or notices to that effect from time to time given to him by the Engineer immediately on the receipt of such notice or notices and shall proceed with and execute all such works with due diligence and despatch in the order and course prescribed by the Engineer and shall fully complete the whole of the works and deliver the same over to the Company in good and complete order and condition within the period limited by the Contract
10 Contractor to maintain the works during progress
And indemnify company from damage to roads &co
And from failure from bad workmanship &co for 12 months
11 Land for temporary works by contractors
The Contractor shall at his own cost provide all the land required for temporary purposes or for depositing the materials excavated from the foundations and site of the works, or for spoil banks and in order to obtain this, he may as agent of the Company but at his own costs charges and expenses use the powers of the Acts of Parliament authorizing the construction of the said Railways and the Acts incorporated therewith but the situation of the land required for such purposes shall be subject to the approval of the Engineer.
12 To make arrangements with owners
Pay all damage
Indemnify Company
17 To provide materials, Labor, etc.
The Contractor shall at his own cost provide all materials (except those which are in Clause 19 specially excluded) labor, tools, watchmen, lighting, temporary fencing, shoring, centreing, coffer dams, sewers, drains, pumping, scaffolding, horses, engines, waggons, barrows, planks, temporary rails, temporary bridges, roads, machinery, implements of every sort and all temporary works of every description necessary for the public safety of fulfilment of any legal obligation arising out of the construction of the said Works and the proper and entire completion of the works on or before the 31st day of October 1875.
18 Not to remove Materials
The Contractor shall not at any time during the progress of the Works remove any materials or plant from the Works without order from the Engineer in writing permitting or ordering him so to do.
19 Company will provide rails, etc.
The Company will provide all rails, chairs, keys, sleepers, fastenings, fish plates and bolts, switches and crossings, check rails, signals and telegraphs, requisite or necessary for the permanent way and sometime herein called permanent way materials to the Contractor at the Bewdley or the Kidderminster Station, the Contractor conveying the same along the new line at his own cost.
20 Foundations not to be covered till inspected
No foundation or other work shall be covered up or hidden from view until the same shall have been inspected and approved by the Engineer or resident Engineer.
21 Contractor to copy Drawings and be responsible for setting out
The Contractor shall provide at his own cost copies of all the drawings required in carrying out his contract and shall be responsible for the correct setting out of the Works and for the completion there of in conformity with the Specification and with the Drawings.
“ 12 Bridge at 2m 46.30 Chs
“ 13 Division at River Stour and Canal
23Contractor not to absent himself and to assist in measuring
The Contractor shall not absent himself from the Works without having a fully authorised and competent Agent to act in his stead and shall give the Engineer or his assistants all personal assistance by himself and his Agents and workmen and all labor and materials required in setting out (or in checking his setting out) the work from time to time during the progress of the works.
24To perform night work if required
The Contractor shall carry on by night work any of the work which the Engineer may call upon him so to do without his being entitled to any additional payment for such night work.
25Workmen to be paid once a fortnight
Office for Resident Engineer
The workmen employed by the Contractor shall be paid in cash at least every fortnight in an Office or Offices to be erected for the purpose and the Contractor shall also provide a convenient office for the Resident Engineer on the works.
26Acceptance of work
No work shall be considered as completed unless accepted in writing by the Engineer.
27Contractor to keep open Railways, etc.
The Contractor, at his own cost, shall keep open, where required, all existing Railways, roads, footpaths, sewers, canals, rivers, etc, free from obstruction at all times during the term of the Contract.
28And to make good damage to railways, etc.
The Contractor shall also be liable for, and shall make good any damage or injury to Railways, Canals and Roads whether public or private, and to contiguous or adjoining lands, buildings or property and to watercourses, sewers, drains, culverts, pipes, telegraphs etc, occasioned by the acts or defaults of himself his agent, servants or workmen of from any cause whatever contingent upon the execution of the works done or omitted by himself for his own purposes as Contractor; and shall take upon himself any liability of the Company to compensate owners and occupiers of buildings and land for temporary damage, and shall pay the costs of all suits and trials which may arise from these causes but this shall not include any compensation which in the ordinary course would be payable by the Company for the injurious affecting of lands, buildings or other property such as the interference with light access, water, etc not occasioned by the acts or defaults of the Contractor or his Agents or Servants.
29Contractor not to sell sand, etc, excavated
The Contractor shall not sell or otherwise dispose of, or remove except for the purpose of the Contract, or as herein mentioned and sand, stone, clay soil or other materials of any kind or description whatsoever, which may be obtained from the excavations, cuttings or embankments from any lands in the possession of the Company.
30. The Company to pay as follows.
The Company shall, and in manner hereinafter mentioned, pay to the Contractor for the work done under this Contract, such prices and sums of money as are hereinafter provided.
31. Monthly Certificates of the work done.
The value of the works as they proceed shall be estimated every month by the Engineer and a Certificate of the amount due in respect of work done shall thereupon be granted by the Engineer to the Contractor and in granting such Certificate, the Engineer shall be at liberty, if in his absolute discretion he shall think proper so to do, to add to the amount thereof any further sum which he may think proper in respect of the value of any materials or plant brought by the Contractor on to the ground. Any assistance or labour which the engineer may require for the purpose of enabling him to make such Estimate and all stakes, posts, poles and other articles which may, in his opinion be required for setting out or taking measurements of the works, or for any other purpose whatever shall be found by the Contractor.
32. Authority for alterations.
No payments for extra or altered works will be allowed unless the contractor can produce an order from the engineer in writing to execute such works and the claim for payment for the same shall be made by the Contractor in time for the Certificate immediately following the execution of such work or the claim will not be there after recognized by the Company.
33. Payments.
The payments to be made by the Company to the Contractor in respect of work done shall be made monthly and the amount of such payments shall be in accordance with the Certificate of the Engineer, as hereinafter mentioned.
34. Time and mode of payments subject to retention.
The Contractor shall within fourteen days after the presentation of every such Certificate, be entitled to receive from the Company ninety per cent of the amount so from time to time certified and the Company shall and may retain the remaining 10 per cent until the sums so retained shall amount to £4,000 after which the whole some included in every such Certificate shall be paid to the Contractor. The sums so retained by the Company shall be held by them as a Security for the due performance by the Contractor of the conditions and or stipulations of the Contract, and shall be paid over to him by the Company at the expiration of three months after the due and proper completion of the works as certified by the Engineer, less such an amount as the Engineer may consider necessary to retain to meet any contingencies which might arise through the obligation of the Contractor to maintain the works constructed by him for twelve months, as herein provided for.
35. Payments not to operate as an admission of works being properly constructed.
The payment of any instalments or sums payable under this Contract shall not affect any question upon the ultimate settlement of the accounts in respect of the Contract, or be taken as a proof or admission of any particular works having been executed, or of the value thereof, or of any works having been properly constructed and executed, but shall be taken as having been made upon account generally only.
36. Not to underlet Contract
The Contractor shall not, without the permission of the Engineer first obtained in writing, assign or under let this Contract or any part thereof
37. Company to have a lien on materials &c.
The Company shall have a lien on all materials plant, and machinery, tools articles and things which have been or shall be brought or deposited by or for the Contractor upon the site of the works, or upon any other land of the Company adjoining or near thereto and shall be entitled to prevent the Contractor from removing or taking away the same from the site of the said works or such land, without the leave and permission of the Company, and to recover possession of the same, if so removed or taken away without their leave and permission, at any time before the entire execution & completion of the works
38 Contractor to observe stipulations and requisitions of the Company’s Acts and the general Acts Incorporated therewith
To pay compensation for omission to comply therewith
The Contractor shall at all times during this Contract in the construction and execution by him of the said works, and in the occupation and use of the lands from time to time purchased for the purposes of the said Railways and Works and also of the lands which he may require and obtain possession of for temporary purposes, observe, fulfil and comply with all the directions, stipulations and requisitions with respect thereto of “The West Midland and Severn Valley Railway Companies Act 1861” The Great Western Railway Acts of 1868 and 1872 and the several Public General Acts incorporated therewith so far as the same or any of them are applicable, and of any agreements entered into with Landowners, manufacturers, Public boards, or other Companies, and shall also make and pay to the several persons entitled thereto all compensation, penalties, damages, costs, charges, and expenses incurred by reason of anyneglect any neglect or omission of the Contractor to comply with the provision of any such Acts of Parliament or Agreements And the Contractor shall save harmless and indemnify the Company from and against all claims and demands for any such compensation, penalties damages and moneys and all actions and other proceedings costs and charges in respect thereof.
39 Company paying compensation to be repaid by contractor
Together with expenses
In case at any time the Company shall be called upon to pay any such compensation penalties damages moneys or costs as are hereby agreed to be paid by the Contractor, the Company shall be entitled to make such payments in respect thereof as they may think fit or be compelled to make (as the case may be) and to procure the repayment by the Contractor of the amount so paid, together with any expenses incurred by the Company in ascertaining or disputing the liability to any such compensation penalties damages moneys or costs, or the amount thereof respectively or in defending any action or suit or othe rproceeding in respect thereof in manner provided by article 46
40 In case sufficient Machinery Plant &c not provided by Contractor
Or works not proceeding with due diligence
And in case of non compliance by them Company to enter on Works to provide additional Machinery &c and to recover payments from Contractor.
In case the Engineer is of opinion that sufficient machinery, tools, plant and materials, are not provided, or that a sufficient number of workmen are not employed in the execution or maintenance of the said Works, or that said Works or any part of them are not being carried on with due diligence and despatch, having regard for the time within which the said Works are to be completed or according to the rate of progress which may for the time being have been fixed or regulated by the Engineer in reference to the said Works or such part thereof (as the case may be) or if the Engineer shall think reasonable for the due execution of the said Works with greater diligence and despatch, or to comply with such order as aforesaid, and in the case of the Contractor shall not, within ten days next after the receipt of such notice in all respects comply with the directions thereof, or commence the things thereby required to be done, and diligently proceed therewith so far as the time will admit the Company shall be entitled to enter upon the works, and to do the several matters and things required by the said notice, and for that purpose to provide such additional machinery, tools, plant, and materials and to employ such additional number of workmen and to pay them such wages as the Engineer may think fit and reasonable and to recover from the Contractor all payments which may have been made by the said Company in and about such several matters in the manner hereinafter provided by Article 46
41 Contractor to keep competent Foreman on Works
Company may employ another foreman in default of Contractor doing so.
The Contractor shall at all times during the progress of the said Works employ and keep at least one competant foreman to superintend the execution of the said Works, and in case the Engineer shall consider the foreman employed by the Contractor incompetent, or to be acting improperly, or not to be properly performing the duties which are to be performed by him and shall thereupon give give the Contractor a notice in writing requesting him to dismiss such foreman and stating therein the grounds for such dismissal , the Contractor shall comply with such notice and employ another foreman in the place of the one so dismissed, an dif the Contractor shall fail or omit to comply with such notice within one week after receipt thereof it shall be lawful for the Company by their Engineer to dismiss such foreman, and to employ another in his place at such wages as the Engineer may think reasonable and to recover the amount so paid from the Contractor in manner provided by Article 46.
42 Power of engineer to order dismissal of any workman
The Engineer or Resident Engineer shall have the power to order the dismissal of any workman or workmen employed by the Contractor or by any Sub Contractor upon the said Works without assigning any reason for so doing, upon giving three days notice of his intentions so to do to the Contractor or any such Sub Contractor, and if any such workman or workmen shall be retained by the Contractor or any Sub Contractor upon the said Works after such notice has been given the Engineer shall have power to deduct the wages of such workman or workmen out of the monthly monies due to the Contractor.
43 Imperfect work to be taken down and removed
Company may cause imperfect works to be removed
In case the Engineer shall at any time during the progress of the said works be of opinion that any part of said works is being executed unsoundly or imperfectly, or not with proper materials, or in any respect not in accordance with the Specification, drawings plans or other instructionsrespectivelyinstructions respectively, given by the Engineer to the Contractor, or shall at any time after the completion of the said works and during any period referred to in Clause 10 be of opinion that any works done by the Contractor have been executed unsoundly or improperly or not with proper materials or have become unsound, or imperfect by reason of accident or from any cause not being the act or default of the Company and in ase the Engineer shall thereupon give the Contreactor Contractor a notice in writing requiring him cause such part of the said works to be taken down and removed and to be re-executed properly, and with proper materials according to the Specification, drawings, plans, or other instructions then the Contractor shall forthwith comply with such notice, and do the several matters and things thereby required of him to the satisfaction of the Engineer without any extra charge and without any extension of the period for teh completion of the said works in respect thereof, notwithstanding that before the giving of such notice any payment may have been made by the Company on account of such works so objected to, or any Certificate may have been given by the Engineer of the due execution thereof. And in case the Contractor shall not within ten days after the receipt of such notice have duly complied therewith and executed the works thereby required or commenced and diligently proceeded with the same, the Company shall be entitled to cause the works so objected to, to be taken down and removed and to be executed properly and with proper materials and for that purpose to expend such sum as as the Engineer may consider reasonable and proper and to recover the money so paid from the Contractor in manner provided by Article 46.
44 If Contractor neglects to complete works or become bankrupt or underlets the Company may take Works
If the Contractor from any cause not attributable to default on the part of the Company neglect or omit to proceed with and complete or be prevented from or materially delayed in proceeding with and completing the said Works in accordance with this specification or if he shall become bankrupt or insolvent or enter into any arrangement with his Creditors or shall without such consent as hereinbefore mentioned assign or underlet the work or any part thereof except as hereinbefore mentioned the Company shall be entitled on giving fourteen days notice of such their intention or in any case of emergency without any such notice to take the said works entirely out of the hands of the Contractor.
45 In case default made as mentioned Company to be at liberty to let contract to others and provide plant &c.
In case the Contractor shall make any suchdefault such default as aforesaidand teh aforesaid and the said Works be thereupon taken out of his hands of the Company shall be at liberty to contract with and employ any other person or persons to proceed with and complete teh same to provide all such plant and material in addition to the plant and materials then being upon the works or upon any land of teh the Company near or adjoining thereto as may be required for such work and materials such amount as may be agreed upon or may be reasonable and to use or employ all machinery palnt plant machinery tools and articles provided or supplied by the Contractor and then upon the site of the said Works or upon any land adjoining or near thereto and all such payments as may be required to be made and shall in fact be made by the Company for or in relation to teh further execution and completion of the said works and the entire fulfilment of the engagement undertaken by the Contractor in and by the contract to be founded upon this Specification and also such sum as may be agreed upon or determined by the Engineer to be reasonable compensation to the Company for any loss or delay occasioned to them by such act or default of the Contractor may be deducted by the Company as teh case may be out of any monies remaining in their hands under the provision of these presents and in case the money so remaining shall be insufficient for such purpose then the amount or deficiency as the case may be shall be repaid by teh the Contractor to teh the Company on demand but if on the other hand after the Company shall have made all such deductions there shall remain in their hands any balance due to the Contractor under these presents the balance shall be dealt with and applied as teh the Company may think fit.
46 Moneys payable by Contractor may be deducted from Contract moneys
In every case in which by this Specification provision is made either for the payment of money or for the incurring of expenses by the Company which are to be repaid by or recovered from the Contractors the Company shall be entitled to deduct the amount thereof out of any money which may be then due or may at any time thereafter become due to the Contractor from the Company or to sue for and recover the amount or the balance after any such deductions as the case may be as a debt due from the Contractor to the Company
47Extension of time to Contractor if Works delayed by act of Company
If the Contractor shall be prevented from or materially delayed in proceeding with the execution of the said works or any of them after receiving written notice from the Engineer to commence or proceed, with the same or any of them by reason of any act or omission of the Company such prevention or delay shall not vacate the contract or otherwise affect the same except that in that event the Contractor may within a reasonable time not exceeding one calendar month from the time when such impediment commenced make an application in writing addressed to the Secretary of the Company for an extension of time by reason of such prevention or delay, and for compensation for any loss or extra expense which may be occasioned to him thereby And if the Company shall refuse or negletct upon any such application to grant such extension of time or to make such compensation or if the Contractor shall not be satisfied with such extension of time or compensation as may be offered by them, the question whether any and if any what extension of time or compensation should be granted in respect of such prevention or delay shall be referred to and decided by the Engineer.
48Notice to Contractorto be given in writingand signed by Secretary or theEngineer
The Notices to be given to the Contractor, under the provisions of this Specification, shall be in writing and shall be signed by the Secretary or the Engineer or the Resident Engineer, and shall be deemed to have been sufficiently given and served, if either left at or sent by post to the Contractor, at any place of business or office of the Contractor
upon or near the site of the said works, or if delivered to the principal Foreman of the Contractor for the time being employed at or upon the said works
49Matters relatingto progress of Works etc. to be decided by Engineer
Upon all matters and questions relating to works under the Contract with respect to the quality or mode of execution of the works and as to the progress of the works, and as to the sufficiency of the Foreman or Workmen employed thereon, and as to the compliance of the Contractor with the orders and directions of the Engineer and as to the construction and effect of this Specification and such written instructions drawings plans and sections as aforesaid and the compliance or non-compliance of the Contractor therewith and as to all other matters arising under this Contract the decision of the Engineer shall be final and conclusive upon both parties.
50Materials etc. to be property ofCompany.
All materials, trees, timber and all crops upon the site of the Works shall be the property of the Company and as many of them as it may be necessary to remove for the execution of the Works shall be removed from the Works by the Contractor who shall deposit them in such place of safety as may be directed by the Engineer
51Penalty for delay in completion
The Contractor shall complete the whole of the works comprised in this Contract to the satisfaction of the Engineer on or before the 31st day of October 1875 and for every days delay in so completing the works he shall forfeit to the company by way of ascertained and liquidated damages, the sum of Twenty pounds.
52Contract to beexecuted andcost equallydivided
The Contractor will be required to execute a Contract to be prepared by the Solicitors for the Company and half the Cost of such Contract Deed shall be borne by each party.
Where the fencing intersects roads, streams or footpaths the same shall be made good and secure so as to effectually prevent trespass onto the Railway
The ordinary post and rail fencing shall be of larch. The posts are to be 7ft 8 ins in length, let 3 feet into the ground, and firmly secured in the ground, They are to be set 9 ft apart, and have 5 Clean Mortice holes for the rails; each post shall be well hoooped hooped with 1½ in. new hoop Iron at the top, and have not less than 18 in. sectional area at the smallest end. The rails 5 in number, shall have 5½ in. section at the smallest part, and shall be straight, sound, and free from shakes or flaws, and carefully fitted into the mortice holes in the posts. One prick post of Larch, 5 ft 6" long, of scantling, equal to 4½“ x 1½ “ shall be placed between the posts, and well and firmly nailed and clenched, with two wrought Iron rails to each of the horizontal rails. Wire fencing if used shall be of a description and from a Maker approved of by the Engineer. The Contractor shall be paid for the same upon the Manufacturers invoices, with an addition of ten percent to the cost of fence erected.
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Quicks shall be planted where required
The palnts plants to be of not less than 3 years growthsound growth sound and healthy planted in two rows 11 inches apart and 12 plants shall be placed in each lineal yard. the mound shall be formed inside the fencing and dug to the proper depth and width and it shall be perforated by 4" drain tiles wherever the nature or slope of the ground may remder render this necessary to secure effectual drainage.
A drain shall be made in each side of the Railway on top of cuttings and at foot of embankments as shewn on Drawing No 4 of such depth as effectually to carry off all water but in no case shall it be less than 18 inches in depth and of the proper slope and form as shewn on the drawings and whenever it intersects cross drains the water from such cross drains shall be properly carried into it and it shall be well puddled opposite all such cross drains.
All wrought fencing shall have four coats of best oil paint the last coat of such color as the Engineer may direct. The posts of approach fencing shall be of English Oak 6 ft 6 in by 4 in and when firmly fixed in the ground it shall stand 4 feet above the surface, the distance from centre to centre of post to be 6 feet. The rails shall be three in number made of best red wood teh top rail being 4 inch square set on edge in a birds mouth cut in the top of the post and firmly secured to the post by an iron strap 15" long on each side by 2" wide by one eigth of an inch in thickness. The rails shall be continuous and in
26
29
34
For the effectual drainage of the upper surface of all arches the spandrils shall be formed with sufficient fall to allow the free escape of the surface water towards the outside wall and into glazed or cast iron drain pipes as shwen shewn on the drawings and the whole must be made perfectly watertight.
Tunnel
37
Or settlement of any part or imperfection of the centres or by any other causes the Contractor shall amend or remove such irregularity in a satisfactory manner.
Drains are to be laid through the side walls to permit of free drainage of water, at such intervals as the Engineer may direct, and drains are to be laid down, ech each side of the tunnel, of the form and dimensions shewn on the Drawing.
Should the Engineer authorise the Contractor to substitute Masonry for Brickwork in any portion of the side wallos of the tunnel, such Masonry shall consist of coursed rubble, and shall be executed in all respects in conformity with the Specification
Culverts
