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Articles of agreement entered into in connection with the Canadian Pacific Railway Canada. Department of Railways and Canals 1880

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Array ARTICLES OF AGREEMENT 
ENTERED INTO 
IN CONNECTION WITH THE CANADIAN PACIFIC RAILWAY. Printed by Order of Parliament. OTTAWA : PRINTED BY MACLEAN, ROGER & Co., WELLINGTON STREET 1880.  CANADIAN  PACIFIC   RAILWAY.   |§|
WSnW^&^-;^    (19>)    '^^^^t B BBS
Articles of agreement entered into between the following contractors and
Her Majesty Queen Victoria, represented by trie Minister of Eailways
and Canals, in connection with the Canadian Pacific Railway, viz :—
John Ryan—to do the excavation, grading, bridging, track-laving, ballasting, station
building, etc., on the Colonization Eailway, North-Westerly from Winnipeg,.
Manitoba—about 100 miles.
Andrew Onderdonk—to do the excavation, grading, bridging, track-laying, ballasting, etc., from Emory's Bar to Boston Bar, British Columbia, about 29 miles
(Section A).
Ryan, Goodwin & Co—to do the excavation, grading, ballasting, etc., between Boston
Bar and Lytton, British Columbia, about 29 miles (Section B).
Andrew Onderdonk—to do the excavation, etc., required between Lytton and
Junction Flat, about six miles above Spence's Bridge, on the River ThompsonT
B.C., about 28J- miles in length (Section C).
Andrew Onderdonk—ta do the excavation, grading, bridging, track-laying, ballasting, etc., between Junction Flat and Savona's Perry, British Columbia, about
40£ miles in length (Section D).
Miller Bros, and Mitchell—to supply TOO tons of railway spikes, delivered 400 tons at
Fort William, and 300 tons at Montreal, for the Canadian Pacific Railway.
The Dominion Bolt Co—to supply 35 tons of fish-plate, bolts, and nuts, at Fort
William, for the Canadian Pacific Railway.
The Correspondence, and also
The Agreement in connection with letting of the following contracts for the
supply of 5,000 tons of steel rails and fastenings, etc., viz. : .the West
Cumberland Iron and Steel Co. (Limited) ior 2,000 tons,—the Barrow Co.
for 1,500 tons,—the Ebbw Yale Co. for 1,500 tons,—and the Patent Nut and
Bolt Co. for 48 tons.
The Agreement with R. Dickson to erect Station Buildings, Pembina Branch, Canadian
Pacific Railway, and also
The Agreement with G-uest & Co. for 10,000 tons steel rails, etc.
19—1 The works to be done by the contractors, of which the hereto annexed are the
specifications, consist of all the excavation, grading, bridging, track-laying, ballasting,
station buildings, and other works required to be done on that portion of the Uoloni-
.zation Railway, commencing at Winnipeg, in the Province of Manitoba, and extending one hundred miles, or any shorter distance, north-westerly or westerly, that
the Minister of Railways and Canals may determine. .
So soon as the proposed line of railway or any portion thereof is built, the
Dominion Government shall have the right for themselves, or for tne contractors on
adjoining portions of the main line or branches of the Canadian Pacific Railway, to
use the whole or any part of the line herein contracted for, when and so soon as the
Government rails are laid thereon.
No fencing is to be made under this contract, anything in the specifications or
n the schedule of prices herein contained to the contrary notwithstanding. And
-only such portion of the ballasting as the said Minister may hereafter determine
(not exceeding, however, one-half of the quantity originally contemplated to be done),
is to be done and paid for under this contract.
(Signed) H.A. F.
B.
CANADIAN PACIFIC RAILWAY.
COLONIZATION LINE FROM WINNIPEG IN MANITOBA.
SPECIAL   SPECIFICATION.
1. The Government has determined to construct a Colonization Railway to the
•west of Red River in Manitoba, and in order that delay may be avoided, it has been
-decided to invite tenders at once, the survey being in progress.
2. Commencing at Winnipeg, the railway will run north-westerly to connect
with the main line in the neighborhood of the 4th base line, and thence run westerly
between Portage La Prairie and Lake Manitoba, to a point 100 miles from Winnipeg,
■or for any shorter distance the Government may determine.
3. Whatever improvement the future may call for, the railway shall, in the first
place, be ofthe cheapest description.
4. The survey not being made, and the precise location undetermined, it is not
possible to furnish plans and profiles. Quantities are, however, assumed in order to
give to intending contractors some idea of the work to be done, and to admit of a
comparison of tenders. These quantities may, in actual execution, be diminished
.and the contractors will be paid accordingly, but on no account must the assumed
quantities be increased.
5. The ground over which the railway will pass, is for the most part level, and
in many places the track may be laid almost directly on the natural surface of the
prairie. At other places, a limited amount of grading will be required. The roadbed will be formed with a little light grading, the material being generally obtained
from side-ditches. The road-bed will thus be formed to a width of fifteen feet and
except when crossing streams or depressions, to a height averaging six to twelve
inches above the general prairie surface. The ditches will be made parallel to the
railway, and they must, in no case, be formed nearer the centre line than 15 feet
except where sidings are required, when-the distance will be increased to 30 feet or
such width as may be directed.
6. Timber structures for the crossing of ravines, and for passing water across the
line of rail way, will occasionally be required.   These will be constructed according to .general drawings to be seen at the engineer's office, will be paid for by the cubic
foot of timber erected in place and the weight of iron used. Whore piling is required it will be paid for in the same way.
7. The line shall be fenced along the sides, except at public road crossings, where
•cattle-guards will be used. The fences, however, will properly conform to the position of the cattle-guards, as per drawings. The fence shall be the best description
of common farm fence used in the locality.
At all public roadways, cattlo-guards will be established, and will be constructed
^according to drawings. The roadway between cattle-guards will be planked and the
public road properly graded and gravelled as far as ihe limits of the railway right of
way. Under this heading the bridging of side-ditches, fences from cattle-guards to
the line fences of the railway, albO post and sign and everything necessary to complete the crossing, will bo embraced. The fences connecting cattle-guards with right-1-
-of-way fences will be post and board as per drawings.
9. Farm crossings will be established wherever required and directed. They
will be graded so as to form easy and convenient passages for farm traffic across the
rails, and planked to the full extent of the railway ties. The ditches will be properly
bridged and gates of an approved design and with proper fastenings will be placed in
the fences.
10. All the rails and fastenings will be handed over to the contractors at the
ships' tackle at Montreal. They will be required to receive the material, carry it
forward and place it on the line of railway in Manitoba, pa}Ting for harbor dues in
Montreal, all handling, insurance, canal tolls, wharfage and all other charges by the
way. The Government will make contracts to have therails and fastenings delivered
at Montreal, 5,000 tons by the 15th August, and the balance in October next.
11. The ties shall be equal in quality to those used on other portions of the
Pacific Railway.    See general specification.
12. The track-laying and ballasting shall be performed in accordance with the
general specifications. The ballasting will be confined to one lift, giving six or eight
inches under the ties.
13. Simple station buildings will be required at each station. These will be
-erected at points hereafter to be determined in accordance with the drawings and
specification exhibited.
14. The general specification, dated 30th November, 1878, will be in force as
far as applicable, and the contract to be executed shall be similar in its provisions ta
the form of indenture attached to the general specification.
15. A copy of the general specification and form of contract accompanies this,
;and will be supplied to all intending contractors on application. To these documents
■the attention of parties is specially directed.
16. Sealed tenders, endorsed " C. P. Railway Colonization Line," and addressed
*p, Braun Esquire, Secretary, Department of Railways and Canals, Ottawa," will be
received at Ottawa until noon on Friday, the 1st August, 1879.
17. Tenders must be on the printed forms. These will be furnished on application at the Pacific Railway Offices in Ottawa and Winnipeg. These forms alone are
to be used. Tenders must have the printed quantities correctly priced and accurately
moneyed out, and no tender will be entertained unless an accepted bank cheque for
$3,000 be enclosed with it.
18. The printed quantities in the form of tender are not from any measurements
 they are assumed maximum quantities.    The contract will stipulate that while the
work on completion may cost less than the total amount ofthe accepted tender, that
amount shall not be exceeded.
19. To each tender must be attached the usual signatures of two responsible and
solvent persons, residents ofthe Dominion, willing to become sureties for the carrying
out of the conditions, as well as the performance  of the works embraced in the
contract.
20. The Government does not bind itself to accept the lowest or any tender.
19—1J 21. So soon as a tender is accepted, the parties concerned must be prepared—
immediately after being notified—to enter into contract, and for the due fulfilment of
the same, will be required, by deposit of money or its equivalent value at current
rates, of public securities or bank stocks to the amount of five per cent, on the bulk
sum of the contract, of which the sum sent in with the tender will be considered a
part.
22. The work must be commenced within one month after the acceptance of the
tender and date of the contract. Fifty miles of the line must be in running order
within eight months, and the whole length of line within twelve months, of the
contract date.
SANDFORD FLEMING,
Engineer-in Chief.
Canadian Pacific Railway Office,
Ottawa, 16th June, 1879.
(Signed) H. A. F.
CANADIAN PACIFIC RAILWAY.
GENERAL SPECIFICATION FOR THE CONSTRUCTION OF THE WORK.
[Applicable to all the following Railway Contracts, but not reprinted for each.']
1. This specification refers to all works of construction and materials required in
making and building the railway up to formation level, and preparing it for the permanent way; comprising clearing, close cutting, grubbing, fencing, excavation, tunnelling, draining, ditching, foundation works, bridges, culverts. Also track-laving
ballasting, and all other works connected with the construction and completion of
the line of railway, to which the engineer may consider this specification to be applicable under each contract.
clearing, etc.
2. The clearing is embraced in the contract for the erection of the telegraph •
but in the event of any clearing remaining to be executed, the contractor for grading'
may be required and directed to do it; a price for clearing is therefore necessarv
3. Where the railway passes through wooded sections, the land must be cleared
to the width of sixty-six feet on each side of the centre line, or such greater or lesser
width as the engineer may direct.
4. The clearing is to be done so that all the brush, logs and other loose material
within its limits shall be burned. In no case shall any of the brush or logs be cast
back upon the adjacent timber lands; they must invariably be made into niles near
the centre ofthe space to be cleared, and there entirely consumed Allhr.,Rb Z
trees accidentally or otherwise thrown into the adjacent woods, must 'be dragged out
and burned.   The land, when burned, must be left in a clean condition gg     0Ut
5. Where embankments are to be formed less than four'feet or Am™ +w +
feet in height, all the standing timber and stumps muSbeehooneToU*I IT
ground, within the limits ofthe embankment, and burned Ch0Wed close to ^
6. Where excavations will not exceed three feet in depth, or embank
feet in height, all stumps must be grubbed out and if7S «* «™nKments tw
will not burn/must be Carried beyond the limTts of' L^mL^nZ '^T **?
where directed, and there piled.    Directions will be giverat the ™t« btankrnent<
InroftawSr' T^h* * $3* ^^^^^^ ^^
and off-take drains must also be grubbed, but no grubb
ing pits.
ments two
at
ts,
.    , -,-to
bbed.   The side-ditches
ing will be paid for in borrow- -\
FENCING.
7. The fence, wherever required, shall be a strong, well-built, heavy farm fence
-of approved design, thoroughly secured by stakes, riders, posts and yokes, or other
means to prevent its removal by gales of wind or animals.
8. The farm gates, when required, will be light and strong, of an approved
-design, similar to those on the Intercolonial Railway.
9. The fencing to be thoroughly completed through all the cleared lands and
wherever it may be directed to be placed by the engineer.
GRADING.
10. In woodland the grading will be commenced after the clearing, close cutting
-and grubbing required is completed to the satisfaction of the engineer, and the contractor will be held responsible for all damage to crops.
11. The width of embankments at sub-grade or formation level will be 17 feet.
The width of cuttings will not be less than 22 feet. The slopes of earth work will be
made one and a-half horizontal to one perpendicular. In rock cuttings the slopes
will be, as a rule, one horizontal to four perpendicular. In cutting, partly earth and
partly rock, a berme of six feet shall be left on the surface of the rock. The widths,
slopes and other dimensions above defined may be varied by the engineer at any
time to suit circumstances. And the contractor shall not take out nor be paid for'
rock, nor any other excavation beyond the slopes, without an express order, in
writing, from the engineer. In the event of a slide in a rock cutting after it is formed,
the contractor will remove the debris, and be paid for it as loose rock or as earth,
according to the class to which it may appear to the engineer to belong.
12. The material to be placed in the embankments nvist be approved by the
engineer, and in places where the natural surface of the ground upon which the
embankment is to rest is covered with vegetable matter, which cannot be burned off
in clearing, and which would, in the opinion of the engineer, impair the work, the
same must be removed to his entire satisfaction. In the event of the line crossing
muskegs or morasses, it may be deemed by the engineer expedient that a platform of
logs shall be formed under the embankment of such width as will extend through
and to about six feet beyond the side slopes, and of such depth as may be required,
according to height of embankment. The logs to range six inches to fifteen inches
diameter, and must be laid close together and covered with brush. All sloping ground
covered with pasture shall be deeply ploughed over the base of the embankments
before the latter are commenced.
13. In level prairie sections it will be necessary to excavate off-take ditches
considerable distances to the right or left of the line. These ditches will generally
be required in the lowest ground, where the material is frequently of a tough nature
{locally known by the name of " Gumbo "). These off-take ditches must be of such
widths and depths as may be required and directed. The sides shall be sloped one ver
tical to two horizontal, and the material shall be cast out so as to leave a berme of at
least six feet between the deposit and the top of the slopes. A separate price for offtake ditches will be required in the tenders, and the quantities shall embrace all
excavation in connection therewith, beyond the limits ofthe railway land.
14. Side-hill ground to be covered by embankment shall first be thoroughly
underdrained as the engineer may see expedient, and all cuttings after being formed,
and all slopes likely to be affected by wet must be similarly underdrained, longitudinally or transversely, or both, as circumstances may seem to him to require. These
drains will be constructed in a similar way to that in which ordinary land drains are
sometimes made; a trench will first be dug to a minimum depth of four feet, and in
the bottom of this trench, four or five cedar or spruce poles about two inches in
diameter will first be laid by hand, breaking joint; over the poles will then be placed
not less than three feet of small broken stone, not larger than ordinary road metal or
.good gravel ballast, over which will be deposited such material convenient to the | place as the engineer may approve of. The contractor must find all the material
required in these drains, do all the work described, and remove the surplus earth.
These drains must always be made with a sufficient longitudinal fall for the easy flow
of water, and, therefore, they may, in level cuttings, be deeper at one end than at
the other, but the minimum depth will be not less than four feet.
15. On the completion ofthe cuttings and the under drains provided for in last
clause, ditches for the removal of surface water shall be formed along each side at the-
bottom of the slopes, according to directions to be given. Catch-water ditches shall,
also be formed some distance back from the top of slopes, to exclude from the excavation any water flowing from the adjoining lands; the contractor shall also construct all other drains and ditches which the engineer may deem necessary for the-
perfect drainage of the railway and works.
16. All open ditches in cuttings or elsewhere other than those referred to in
Clause 13, and all excavations required for turning, making or changing watercourses,,
and which must be executed as may from time to time be directed, will be measured,
up and paid for as excavation according to its class, and all other excavations such
as may be required in the formation of public roads, or in borrowing pits, or in
grading depot grounds, turnouts or branches, and so much of ordinary foundation
pits for bridges and culverts as are not under the level of the water, shall be considered as a necessary part of the excavation for the formation of the roadway, and.
must be executed and the material deposited according to the directions of the
engineer, and will be paid for at the same rate per yard as the ordinary excavation^,
according to its denomination. In ordinary foundation pits, where pumping or baling
becomes necessary, all the excavation under water level shall be measured and
reckoned at three times the price of earth excavation in order to cover the extra cost
involved.
17. Excavation willJbe classed under three heads, viz.: solid rock, loose rock,,
and earth, and will be paid for according to the following definitions :—
1st. All stones'and boulders measuring more than 2$ cubic feet, and all solid
quarry rock, shall be termed solid rock excavation.
2nd. All large stones and boulders measuring less than 27 cubic feet, and all
loose rock, whether in situ or otherwise, that may be removed with facility by hand,,
pick or bar, without the necessity of blasting, shall be termed loose rock excavation.
3rd. All other excavation of whatever kind, with the exception of off-take ditches-
referred to in clause 13, shall be termed earth excavation.
18. The contract price for these several classes of excavation shall be taken to-
include the whole cost of hauling, except only extreme cases which may involve a
haul of more than twelve hundred feet. For every hundred feet of haul over twelve
hundred feet and up to twenty-five hundred feet, the contractor will be allowed at the
rate of one cent per cubic yard, that is to say in the event of the haul being in any
case twenty-five hundred feet, thirteen cents per yard shall be added to the schedule
rate; which will be the maximum allowance per haul in any ca^e. This clause shall
not apply to ballast.
19. The embankments must be made to such sufficient height and width as will,
allow for the subsidence of the same, and both cuttings and embankments shall be
left at the completion of the contract, at such heights, levels, widths and forms as
directed by the engineer, the upper surface ofthe banks to be rounded in order to
throw off the water.
20. The whole of the grading shall bo carefully formed to the levels given, and,
the roadway in cuttings shall invariably be rounded and left from six to eight inches
lower at the sides than on the centre line. In rock cuttings it will be sufficient to
form a water channel about two feet wide and eight inches deep along each side. All
materials found in excavations, whether in road-bed cuttings, ditches, water channels,.
road crossings, borrowing pits or elsewhere, must be deposited in such places as the
engineer may direct. In case where the road-bed excavations are insufficient to-
form the embankments, the deficiency shall be supplied by widening the cuttings, or
Irom the sides of the road, or from borrowing pits, but no material shall be so supplied without his concurrence, and not until the cuttings are completed, without his-
express sanction. All borrowing pits shall, if required by the engineer, bo dressed
to a good shape and properly drained. Where material to make up embankments is-
taken from the side, a berme of at least ten feet from bottom of slope of embankment
shall remain untouched.
21. Where the excavation in a cutting exceeds what may be required to make
the embankments of the specified width, the engineer may direct that the embankments be increased in width with the surplus material, and-when this is done to his
satisfaction, the remainder, if any, may be wasted; but in every case where either
borrowing or wasting is resorted to, the materials must be taken and deposited as he
may regulate and direct.
22. In cases where pitching or rip-rapping will be required for the protection of
embankments contiguous to streams, all stone suitable for this work found in excavations may be removed and deposited in some convenient place until required, and all
good building stone which may be found in rock excavations may, with the approval
of the engineer, be preserved and piled along the side of the lino as directed.
But any material so found and used will not be paid for twice, the quantity, if considerable, will form a deduction from the quantity of excavation so measured in the
cutting.
23. Rip-rap work, whenever required and ordered for the protection of slopes of
embankments, must be well and carefully performed, in such manner and of such
thickness as may bo directed.   It will be measured and paid for by the cubic yard.
24. Roads constructed to and from any point on the line of railway for the convenience of the contractor, for the conveyance of material or otherwise, must be at
his own risk, cost and charges, but the contractor will not be required to purchase
land for the railway track, for branches Or for borrowing pits.
25. Wherever the line is intersected by pnblic or private roads, the contractor
must keep open at his own cost convenient passing places,eand he shall be held
responsible for keeping all crossings, during the progress of the works, in such
condition as will enable the public to use them with perfect safety, and such as will
give rise to no just ground for complaint. Contractors will be held liable for any
damages resulting from negligence on their part or that of their mon. At all public
roads crossed on the level, the contractor will be required to put in two substantial
cattle guards of wood of such dimensions as may be directed by the engineer.
26. Whenever any material is met with in the excavations, which the engineer
shall consider suitable and required for ballast, the same shall at his discretion be
reserved for that purpose.
27. When slips occur in cuttings, after they are properly formed, the material
must be immediately removed by the contractor, the slopes re-formed, and such precautions adopted as the engineer may deem necessary. The contractor will be paid
for the removal of slips as already provided for.
28. In the event of earth excavation being proceeded with in winter, no snow
or ice must be placed in embankments, or allowed to be covered up in them, and alL
frozen earth must, as far as practicable, be excluded from the heart of embankments.
29. The contractor shall, before the work is finally accepted, finish up cuttings
and embankments, dress and drain borrowing pits when required, dress slopes to the
required angles, repair all damages by frost or other causes, and complete everything
connected with the grading of ttie road-bed, bridging, etc., in a creditable and workmanlike manner, in accordance with the directions and to the satisfaction of the
engineer.
30. The measurement of quantities shall invariably be made in excavation unless
in special cases, if any, where this may be found impossible; in such cases the engineer
shall determine the quantities in embankment, after making all proper allowances,
of which he shall be the judge.
31. The prices stipulated for excavation of the several denominations, together
with the price for haul in extreme cases, and the price for work in foundation pits
under water level, shall be the total prices for excavating, loading, removing and de- positing all the material. In a word, the rales and prices stipulated in the contract
must be understood to cover every contingency ; the furnishing of all labor, material,
power and plant; the cost of finishing up cuttings and embankments, the dressing and
draining of borrowing pits, when required; the dressing of slopes to the required
angle, and the completing of everything connected with the grading of road-bed, in a
creditable and workmanlike manner, in accordance with the directions and to the
satisfaction of the engineer.
TUNNELLING.
32. The tunnelling will consist of
line
tunnels" and "stream-tunnels"; the
former shall be formed to an exact minimum section hereafter to be furnished. For
the purpose of tendering, the sectional area of " line tunnels " shall be calculated at
405 superficial feet, equal to 15 cubic yards to the lineal foot of tunnel. The | stream
tunnels," where formed, shall be driven through the solid rock, which, in some
places, forms the sides of ravines, they must be formed in the manner to be pointed
out in each case. Open cuttings at the end will be excavated, to give an easy flow
to the water; these open cuttings may be slightly curved, but the tunnels proper
must be perfectly straight from end to end, with the sides as smooth as practicable.
The up-stream in each tunnel must generally be one foot lower than the bed of the
stream opposite, and they must be driven with a proper inclination. Care must be taken
taken to leave a solid pillar of rock between the tunnel and the side of the ravine, equal
(except in special cases) to not less than double the diameter of the tunnel. The thickness of solid rock over the tunnel shall be similarly proportioned. The open cuttings,
which form the outlets and inlets of tunnels shall be measured and paid as ordinary
excavation, according to classification, the material excavated from them to be placed
in the embankments, or as may be directed. The tunnels shall be paid for by the
lineal foot, and the price must cover all cost of pumping, bailing, draining, &c, which
may be necessary.    The tunnels requited will be ofthe following dimensions :—
Sectional Areas. Lineal Foot of Tunnel.
Twenty feet tunnels; 324 superficial feet equals 12 cubic yards.
Sixteen feet       do      216 " 8 "
Twelve feet      do      108 " 4 "
Eight feet do       54 | 2 I
Six feet do       27 1 1 I
TIMBER   STRUCTURE.
33. The structures for the passage of small streams may be built of the most
suitable wood to be found in the country. Character and quality to be approved by
the engineer. The several structures are intended to be built according to the following specification and the drawings referred to ; but the character of the designs
may be changed to suit circumstances.
34. General drawings No. 1 to 9, inclusive, show the kind of structures to be
erected for the passage of the smaller streams under the railway.
Drawing No. 1, for embankments 2 feet high
K
ce
(c
No. 2
No. 3
No. 4
No. 5
No. 6
No. 7
No. 8
No. 9
4
6
8
10
15
20
25
30
•   *u   j      • be comPosed of two bents framed together in the manner shown
« S6^aW1nf' haImg caP-?^nd mud-sills framed into posts and braces, and pinned
as shown.    These bents will be placed in  trenches—previously excavated—11 feet 12
in
; 37. No. 3 will be composed of four bents; each bent will have cap and mi
I inches by 12 inches, and four posts 12 inches by 12 inches, and two bra
iches by 12 inches, all framed together and pinned in the manner shown.
described.    No. 6 will have six
9  ten  bents, and they will in-
centre to centre, and at least five feet in the ground, and when properly levelled as
to grade, height, &c, the earth will then be firmly packed around them. These
bents will be spanned by stringers 16 inches by 12 inches, and bolted by f-ineh bolts
—with washers—to the caps. The bank stringers will be 12 inches by 12 inches.
The whole then covered by ties 9 inches by 8, and of the lengths shown on the plan.
36. No. 2 will be similar in every respect to No- 1, except as to height of bents.
See drawing.
mud sill
aces 12
.pinned in the manner shown. There
will be two diagonal braces of 9 inches by 6 inches placed in each bent in the manner
shown, and bolted to the frames by ^-inch bolts, with washers under the heads, and
nuts of bolts; seven bolts to each brace. Trenches will be dug for the reception of
these bents 11 feet centre to centre, and 5 feet deep, and when the bents have been
levelled up to grade height and placed in line, the earth will then be tramped firmly
around them. Stringers of 16 inches by 12 inches must be provided and bolted to
cap by f-ineh iron bolts with washers. The bank stringers will be 12
inches by 12 inches; the whole structure will then be covered with special
ties 9 inches by 8 inches as shown.
38. Nos. 4 to 9 will be similar to No. 3 already
bents, No. 7 eight bents, No. 8 eight bents, and No.
crease in height according to the height of the bank. In cases where stringers cannot be procured long enough to span the entire number of bents, as iu the cases of
Nos. 6, 7, 8 and 9, then the stringers may be joined either by butt joint on corbells
resting on caps, or be allowed to overlap each other on caps, all being firmly bolted
to caps.
39. Wherever the circumstances ofthe case require the adoption of trestle-work
in lieu of embankments, the same shall be erected in the most substantial manner,
in accordance with the plans and specifications of the same to be furnished from time
to time by the engineer.
40. Wherever the circumstance of the case require the adoption of bridges on
piles, they will be erected according to the following, or another approved plan.
Trenches will first be excavated A feet centre to centre, and to the depth of the beds
of the streams. Each bent will be composed of 4 piles, driven perpendicularly,
together with 2 spur piles, as shown in the drawing. The piles are to measure at the
butt or larger end not less than 12 nor more than 17 inches in diameter, exclusive of
bark. They must be perfectly sound and straight, and be of such lengths as circumstances may require. The piles must be driven by a hammer weighing 1,500 lbs. or
upwards, until they reach perfectly firm ground. They will generally be tested by
the'hammer falling 30 feet at thejlast blow. Care must be taken to have them driven
truly, so that the caps, walling pieces, and braces may be properly framed and bolted
to them. The spur piles must be curve-pointed, so that as they are driven they will
gradually come into their places and butt against the piles and be bolted to the same,
with two bolts to each spur pile. Before being driven the piles must be sawed or
chopped off square at the butt, and tapered to a blunt point at the smaller end.
Should there appear to be any danger of splitting, the heads must be bound with
iron hoops, and if necessary the points must also be properly shod. The stringers
must be double, 12 inches by 16 inches, bolted together and resting on corbells, and
be bolted securely to corbells and caps. The stringers must be of as long lengths as
possible, and to break joint alternately inside and out. The bank stringers win be 16
inches by 12 inches.    The whole to be covered by special ties 9 inches by 8 inches
as shown.
41. The railway will be carried over the larger streams by bridges. The abutments and piers will, in some cases, be built of crib-work filled with stone. _ The
cribs must be constructed in the most substantial manner of the most suitable timber
to be found in the vicinity; outside timbers to be not less than 12 inches square,
■dove-tailed at the angles, and properly pinned with hardwood pins or rag-bolts of 10
iron, as the engineer may direct; the ties may be suitable round timber, dove-tailed
into face timbers and pinned. The sloping faces of the cut-watei s to piers must be
of square timber laid with one side in the line of the rake of the cut-water, and be
dove-tailed at angles; the two faces ofthe cut-waters will then be sheathod with hardwood plank 3 inches thick, well fastened to the crib-work with spikes or rag-bolts.
The whole ofthe abutments and piers to be finished in accordance with the plans, and
to the satisfaction of tho engineer.
42. Where the circumstances of the case require the adoption of timber bridges,
their superstructure will be of the most improved Howe truss pattern, built of pine
with white oak keys, cast iron prisms, and wrought iron rods, with upset ends, the
whole to be first-class material and workmanship. Detail drawings will be prepared
during the progress ofthe work by the engineer, to suit each span or bridge, and to
which the contractor must work. These bridges must be executed in a thoroughly
substantial and workmanlike manner, and shall be completed in every respect, except
painting, which will not be included in the present contract.
43. The Government reserves the right to substitute and furnish iron superstructures for bridges in lieu of timber, and to take such steps as may be deemed best for
placing the same in position. In the event of this right being exercised after the
contractor has incurred expense in procuring some of the timber, he shall not be
entitled to any compensation on account ofthe substitution beyond the value of the
material furnished and the labor expended thereon.
FOUNPATIONS.
44. Foundation pits must be sunk to such depths as the engineer may deem
proper for the safety and permanency of the structure to be erected ; they must in
all cases bo sunk to such depths as will prevent the structures being acted on by the
frost. The material excavated therefrom to be deposited in embankment, unless the
engineer directs otherwise. For ordinary foundations, the 16th clause is referred to.
In tho case of piers in large rivers or lakes,a special price must be given in the tender
for coffer dams and all extra expense involved.
MASONRY.
45. In order to prevent delay it Will be expedient generally to build the
structures in the first place of timber, but should it be practicable to insert structures
of masonry at one or more places without interfering with the progress of the work,
and it appears expedient to do so, the engineer may be authorized to .substitute
masonry for wooden structures. In such cases tho work must be of a substantial and
permanent character, and in every respect equal to the best description of masonry
in railway works.
46. The masonry shall not be started at any point before the foundation has
been properly prepared, nor until it has been examined and approved by the
engineer, nor until the contractor has provided a sufficient quantity of proper materials
and plant to enable the work to be proceeded with regularly and systematically.
47. The stone used in all masonry on the line of railway must bo of a durable
character, large, well propoitioned and well adapted for the construction of substantial
and permanent structures; parties tendering must satisfy themselves as to where
fitting material for the masonry can be most conveniently procured.
48. Bridge masonry shall generally be in regular courses, of largo, well-shaped
stone, laid on their natural beds, the beds and vertical joints will be hammer-dressed, so-
asto form quarter-inch joints. The vertical joints will be dressed back square 9 inches,
the beds will be dressed perfectly parallel throughout. The work will be left with
the " quarry face" except the outside arrises, strings and coping, which will be chisel
dressed.
49. The courses will not be less than twelve inches, and they will be arranged in
preparing the plans to suit the nature ofthe quarries, courses may range up le 24
inches, and the thinnest courses invariably be placed towards the top ofthe work. 11
IV
50. Headers will be built in every course not farther apart .than 6 feet, they will
have a length in line of wall of not less than 24 inches, and they must run back at least
three times their height, unless when the wall will not allow this proportion, in
which case they will pass through from front to back. Stretchers will have a
minimum length in line of wall of 30 inches, and their breadth of bed will at least be
1-J- times their height. The vertical joints in each course must be arranged so as to
overlap those in the courses below 10 inches at least. The above dimensions are for
minimum courses of 12 inches, the proportions will be the same for thicker courses.
51. The quoins of abutments, piers, &c, shall be ofthe best and largest stones,
and have chisel drafts properly tooled on the upright arris, from two to six inches
wide, according to the size and character of the structure.
52. Coping stones, string courses and cut-waters shall be neatly dressed in
accordance with plans and directions to be furnished during the progress of the
work.
53. The bed stones for girders shall be the best description of sound stone, free
from drys or flaws of any kind, they must be not less than 12 inches in depth for the
•mailer bridges, and 8 feet superficial area on the bed. The larger bridges will
require bed stones of proportionately greater weight; these stones shall be solidly
and carefully placed in position, so that the bridge will sit fair on the middle of the
•tones.
54. The backing will consist of flat-bedded stone, well shaped, having an area of
bed equal to four superficial feet or more. Except in high piers or abutments, two
thicknesses of backing stone, but not more, will be allowed in each course, and thoir
joints must not exceed that of the face work. In special cases, where deemed
necessary by the engineer, to insure stability, the backing shall be in one thickness ^
the beds must, if necessary, bescabbled off, so as to give a solid bearing. No pinning
will be admitted. Between the backing and face stones there must be a good
square joint, not exceeding one inch in width, and the face stones must be scabbled off
to allow this. In walls over three feet in thickness, headers will bo built in front
and back alternately, and great care must be taken in the arrangement of the joints
so as to give perfect bond.
55. Culvert masonry shall be built of good, sound, large flat-bedded stones, laid in
horizontal beds. It may be known as random, or broken coursed work. The stones
employod in this class of masonry will generally be not less in area of bed than three
superficial feet, nor less in thickness than eight inches, and they must be hammer-
dressed so as to give good beds with half-inch joints. In smaller structures, and in
cases where stones of good size and thickness cannot be had, they may, if in other
respects suitable, be admitted as thin as five inches. All stones must be laid on their
natural beds.
56. Headers shall be built in the wall, from front and back alternately, at least
one in every five feet in line of wall, and frequently in the rise of wall. In the
smallest structures headers shall not be less than twenty-four inches in length, and
the minimum bed allowed for stretchers shall be. twelve inches. In the larger structures
all stones must be heavier in proportion. Every attention must be paid to produce a
perfect bond,'and to give the whole a strong, neat, workmanlike finish.
57. Wing walls will generally be finished with steps, formed of sound, durable
stone, and not less than from 10 to 12 inches thick, and 6 feet superficial area; other
walls will be covered with coping of a similar thickness, and of seven feet or upwards,
superficial area: These coverings will be neatly dressed when required, and as may
be directed. The walls of the box culverts will be finished with stones, the full thickness of wall, and the covers will be from 10 to 15 inches thick, according to the span ,
they must have a bearing of at least i2 indhes on each wall, and they must be fitted
sufficiently close together to prevent the earth from falling through.
58. Arches of 10 feet span and upwards will be constructed of stones cut so that
when laid, their beds will radiate truly from the centre of the circle; the depth of
.stones will of course vary with the span, but will never exceed 30 inches ; they must
not be less in length than 27 inches and they muet break joint ten inches; their more than one arch shall be provided  with as  many
may deem proper, and in no case shall the centres be struck
thickness on the soffit must be at least 9 inches, and will be dressed to the circle. All
the si ones must be dressed to the full depth of bed so as to give truly radiated joints
from & to £ inch, they must be set without pinning of any kind and the end joints
must be properly squared. Each stone to be full bedded in cement, and each course
afterwards thoroughly grouted. The outer ring stones to be neatly worked with a
chisel draft around their edges.
59. Arches of 8 feet span and under shall be constructed of suitable flat-bedded
stones ranging according to the span from 16 to 24 inches deep and with a minimum
length of from 16 to 24 inches, and 5 to 6 inches in thickness on the soffit, they must
invariably extend through the entire thickness of the arch. Each stone to be well
and closely fitted so as to give half-inch joints and to break joints with its fellow 7 to 9
inches. The whole must be laid in thin mortar and each course must be well grouted
immediately after being laid. The outer arch stones to be as nearly uniform in depth
as possible, of large size and neatly incorporated with the perpendicular face of the
masonry. The keystones to be 10 or 12 inches on the soffit, to have a chisel draft
around their edges, and to project beyond the face of the wall 2 or 3 inches.
60. All arches shall be built in cement, and before being covered with earth or
the centreing removed, they must be thoroughly flushed on the back, levelled up
and rounded to a moderately even and smooth surface with the same material.
61. Centres of arches must in all cases be well formed, of ample strength,
securely placed in position, and in every respect to the satisfaction of the engineer.
The ribs must not be placed farther apart than three feet in any case. The laggings
shall be cut to a scantling of three inches square. The supports of centres shall be
substantial and well constructed, and they must be provided with proper wedges for
easing centres when required.
62. Structures having
centres as the engineer
without his sanction.
63. Centreing and scaffolding of all kinds shall be provided by the contractor,
and the cost included in the price of masonry.
64. The bottoms of culverts will be paved with stones set on edge, to a moderately even face, packed solid, the interstices being also well packed. The paving
will be from 12 to 16 inches deep.
65. Masonry shall be formed dry or laid in mortar as "circumstances may determine.
In dry masonry special regard must be paid to the stone being massive and well proportioned.
66. Mortar shall be of hydraulic lime or cement and common lime.
67. Hydraulic lime mortar will be used, unless otherwise directed, in building all
masonry, from the foundations up to a line two feet above the ordinary level ofthe
stream. It will be used also in turning arches, in laying girder beds, coping, covering
of walls generally, in lipping and in poiuting. The hydraulic lime or cement must
be fresh ground, ofthe best brand, and it must be delivered on the ground, and kept
till used in good order. Before being used, satisfactory proof must be afforded the
engineer of its hydraulic properties, as no inferior cement will be allowed.
68. Common lime moriar must be made of the best common lime and will be employed in all masonry (except dry) where cement is not directed to be used.
69. Both cement and lime must be thoroughly incorporated with approved
proportions of clean large-grained sharp sand. The general proportions may be one
part of lime to two parts of sand, but this may be varied according to the quality of
the lime or cement. Mortar will be only made as required, and it must be prepared
and used under the immediate direction and to the satisfaction of an inspector, by
the contractor's men, failing which the inspector may employ other men to prepare
the mortar, and any expense incurred thereby shall be borne by the contractor.
Grout >hall be formed by adding a sufficient quantity of water to well tempered and
well proportioned mortar.
70. When mortar is used every stone must be set in a full bed and beaten solid ;
the vertical joints must be flushed up solid, and every course must be perfectly level
and thoroughly grouted. 13
71. In all walls built in common lime, the exposed faces will have a four-inch
lipping of cement.
72. All masonry must be neatly and skilfully pointed, but if done out of season,
or if from any other cause it may require r-epointing before the expiration of the contract, the contractor must make good and complete the same at his own cost. Work
left unfinished in the autumn must be properly protected during the winter by the
contractor, at his risk and cost.
73. A puddle-wall, at least 2 feet thick, extending from end to end of the
masonry, and from the bottom to the top must be made between the back of the dry
masonry and the embankment.
74. After the masonry of a structure has been completed for a period of four or
five weeks, the formation ofthe embankment around it may be proceeded with. The
earth must be carefully punned in thm layers around the walls, and in this manner
the filling must be carried up simultaneously on both sides. The contractor must
be extremely careful in forming the embankments around culverts and bridges, as
he will be held liable for any damages to the structures that may arise. The punning
must be carefully attended to, and the whole filling must invariably be done in
uniform courses from the bottom to the top of the embankment, without loading
one side of the masonry more than another.
TRACK-LAYING AND BALLASTING.
75. The work of track-laying and ballasting will embrace all engines, cars, and
plant, (unless otherwise provided in the contract), and all labor and tools required for
loading, unloading and distributing rails, joint-fastenings, spikes, points and crossings,,
and sleepers or cross-ties; laying, lifting, centreing, lining and surfacing the track;
also, for making roads to ballast pits and laying all service tracks; for getting, loading and unloading the ballast, placing the same in the road bed and trimming it up.
At the close of the contract any engines and platform cars which may be considered
by the engineer fit for further use, may be transferred to the Government on the
valuation of the engineer.
76. The Government will furnish to the contractor, rails, joint-fastenings, spikes,,
points and crossings, switch-gear, and switch-frames.
TRACK-LAYING.
77. The rails, joint-fastenings, spikes, points and crossings, switch gear and
frames*, will be delivered by the Government to the contractor at places to be indicated, from whence they shall be distributed by the contractor.
78. Track-laying shall include the supplying, furnishing and laying plank, including spikes for the same, on public and private road crossings, distributing rails,
rail fastenings, spikes, points and crossings, ties, laying the same on main track and
sidings, and centreing lining and surfacing. Track-laying will be pa;d for by the
lineal mile of 5,280 feet.
79. The rails shall be laid to a gauge of 4 feet 8^- inches clear between the rails,,
and they shall be well and carefully fastened at the joints, which must be as near as
possible opposite eaeh other and on the same tie ; special care m ust be taken at points
and crossings to have the rails laid to a tight gauge, the rails must be full spiked,
and on curves the outer rail shall be elevated (unless otherwise directed), according
to the degree of curvature as follows, that is to say, on one degree curves 0.05 feet, on
two degree curves 0.10 feet, on three degree curves 0.15 feet, and on four degree
curves 0.20 feet. The rails shall be handled with great care, and before being run
over by either engine or cars, shall be full sleepered and surfaced. Every precaution
shall be taken to prevent them getting bent during the progress of the ballasting.
80. The sleepers or cross-ties must be of approved sound timber, smoothly hewn,.
free from all score hacks, and chopped or sawn square at the ends, 8 feet long, flatted
on two opposite sides to a uniform thickness of 6 inches, the flatted surface being not 14
less than 6 inches, on either side, at the small end.    They must be placed as nearly as
possible at uniform distances apart, and at right angles to the rails, in such a manner
that about 25 per cent, of the length^of the rail shall have a bearing upon the surface
of the sleepers.    " Joint-sleepers" must have both an upper and under surface bearing,
at their smallest end, of at least 8 inches.
81. When the sleepers are provided under a separate contract from the track-
laying and ballasting, the contractor for the latter shall take delivery of them, in the
position and at the points in which they are received by the Government inspectors.
82. The contractors shall lay all sidings and put in all points and crossings complete, embracing wing and jack rails, head blocks, switch and signal frames, and
gearing.
8:-i. The contractors shall remove from the track and straighten all bent and
damaged rails, and make good all injuries done before the works are finally accepted ;
and further they will be held responsible for all materials provided them, and give a
receipt for the same upon taking delivery.
BALLASTING.
84. The land for ballast pits and approaches thereto will be furnished by the
•Government and approved by the engineer; in selecting land for the purpose, a preference will always be given to those points where the best material can be procured
having due regard to tho convenience of the contractors. During the working of any
pit, should the material be found unfit for ballasting, the engineer shall have power
to compel the contractors to close such pits and open others.
85. The surface of ballast pits shall be stripped of soil where such exists, and
no material whatever shall be placed on the road-bed but good clean gravel, free from
earth, clay, loam, or loamy sand ; no large stones shall be allowed. The maximum
size of gravel must not be greater in diameter than three inches. In unloading the
ballast, the train must be kept working to and fro so as to thoroughly mix the different qualities of ballast, until a sufficient quantity is deposited for the first " lift."
The track must then be raised so that there will be an average depth of six inches
beneath the sleepers, and the ballast must be well beaten and packed under and
around them. As the raising proceeds the end of the lift shall extend over not
less than three rail lengths, and before trains are allowed to pass over the inclined
portion of track, it must be made sufficiently solid to prevent bending the rails, or
twisting the rail-joints. After the lift, the track shall be centred, lined, topped, surfaced and trimmed off to a proper form and width.
86. In the event of full ballasting being required, a second " lift" must be made
in the same manner and with the same precautions as required for the first " lift " in
order to secure a uniform thickness of 12 inches under the sleepers.    In wet cuttings
the engineer shall have power to direct a greater thickness of ballast, should it be
deemed necessary.
87. Whenever the work is sufficiently advanced to admit of trains using the line
for public traffic, it will be in the power of the Government to regulate the running
of all trains, so as to ensure safety, and interfere as little as possible with the traffic.
88. The contractors shall keep all public and private road crossings in a safe and
serviceable condition during the progress of the work, leaving them well and properly
planked inside and outside of the rails, as may be directed by the engineer and
gravelled to a depth of at least 10 inches for a distance of 50 feet on both sides of the
track.
89. The track shall be left by the contractors with everything complete and
well surfaced.   The ballast shall be dressed off to the form required, and the whole
shall be executed according to the direction and to the approval of the 'chief engineer
or other officer duly appointed. b        *
90. The contractors shall be paid by the cubic yard for all ballast put into track
the measurement to be made in the pit or excavation, and the price per cubic yard to &»
15
■coyer the cost of laying tracks to the pit, stripping the ground, excavating, handling
hauling, putting the ballast on the road-bed, and neatly trimming it off to the proper
form.
MISCELLANEOUS.
91. If any work or service be required to be done, which, in tho opinion of the
engineer, does not come within the class of work to be measured under the contract,
he shall be at liberty to direct the contractor to perform the same by day's labor, and
the contractor when required by him shall supply such force as the engineer may
direct, and the contractor shall perform such work, and he shall be paid the reasonable
and actual wages of such force, as ascertained by time-keeper and pay-sheet, together
with fifteen per cent for the use of tools and profit. The engineer shall be at liberty
to discharge any bad or unsuitable workmen who may be placed at day's labor work,
and the work so performed shall be subject to his approval before payment thereof.
92. No tender will bo entertained unless on one of the printed forms prepared
for the purpose, and with the schedule of quantities therein correctly priced and
accurately moneyed out; nor unless an accepted bank cheque, or other available
security of such amount as may be required, accompanies the tender, which bhall be
forfeited if the party and sureties tendering decline or fail to enter into the contract
for the works and Sureties' Indenture when called upon to do so, upon the tender
being accepted. In the event of a tender not being accepted, the cheque or other
security will be returned.
93. For the due fulfilment of the contract, satisfactory security will be required
either by deposit of money, or its equivalent value at current rates of public securities, or bank stock, to the amount of five per cent, on the bulk sum of the contract, of which the sum sent in with the tender will be considered a part, or by such
other security as the Minister of Public Works for the time being of the Dominion
of Canada, may approve of, and all costs and expenses incurred in respect of any
security offered by the contractor, whether in investigating tho title of same, preparing instruments, obtaining valuation or otherwise, shall be paid by the contractor,
whether such security be approved of or not.
94. To each tender must be attached the usual signatures of two responsible and
solvent persons,.residents of the Dominion, willing to become sureties for the carrying out of the contract^Slj
95. ThepersOn.or persons whose tender is accepteo%nall execute at once a contract under seal, similar in its provisions to the form of indenture hereto annexed,
and it will be assumed that parties tendering have made themselves perfectly familiar
with its contents; and further, may contain such special provisions as the Minister
of Public Works for the Dominion of Canada may determine, and the surety or sureties
for the contractor shall also execute at the same time an indenture similar in its
provisions to the form of Sureties' Indenture annexed to said form of contract, and containing such special provisions as the said Minister may determine,
96. The works are to be cemmenced and proceeded with as soon as practicable
after the person or persons whose "Tender" may be accepted, shall have entered into
the contract.
SANDFORD FLEMING,
Engineer-in-Chief.
Canadian Pacific Railway Office,
Department of Public Works,
Ottawa, 30th November, 1878.
(Signed) H. A. F.
J 16
This Indenture, made tho nineteenth day of August, one thousand eight hundred and
seventy-nine, between JOHN RYAN, of Brockville, in the County of Leeds and
Province of Ontario, Contractor, hereafter called " the Contractor." of the first
part, and Her Majesty Queen Yictoria, represented herein by the Minister of
Railways and Canals, of the second part, WITNESSETH, that in consideration
of the covenants and agreements on the part of Her Majesty hereinafter contained, the contractor covenants and agrees with Her Majesty as follows : —
Work.—Engineer.
1. In this contract the word "work" or "works" shall, unless the context
require a different meaning, mean the whole of the work and the materials, matters
and things required to be done, furnished and performed by the contractor under this
contract. The word " engineer " shall mean the chief engineer for the time being
having control over the work, and shall extend to and include any of his assistants
acting under his instructions, and all instructions or directions, or certificates given,
or decisions made by any one acting for the chief engineer, shall be subject to his
approval, and may be cancelled, altered, modified and changed, as to him may seem
fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and extend
to the executors and administrators ofthe contractor, and shall extend to and be binding upon the successors of Her Majesty, and Wherever in this contract Her Majesty
is referred to, such reference shall include her successors, and wherever the contractor
is referred to, such reference shall include his executors and administrators.
Labour, Plant and Material.—Time for Completion.
3 That the contractor will, at his own expense, provide all and every kind of
labour, machinery and other plant, materials, articles and things whatsoever necessary
for the due execution and completion of all and every the works set out or referred
to in the general specifications hereunto annexed, dated 30th November, 1878, and
marked A, and in the Special Specification also hereunto annexed, and marked B
and set out or referred to in the plans and drawings prepared and to be prepared for
the purposes ofthe work, and will execute and fully complete the respective portions
of such works and deliver the same complete to Her Majesty, on or before the dates
following, that is to say, 50 miles therof within eight months after the date of this
contract, and the whole on or before the nineteenth day of August, A.D. one thousand eight hundred and eighty.
Materials and Workmanship.
The said work to be constructed of the best materials of their several kinds, and
finished in the best and most workmanlike manner, in the manner required by and in
strict conformity with the said specifications and drawings which may from time to
time be furnished (which said specifications are hereby declared to be part of this
contract), and to the complete satisfaction ofthe chief engineer for the time being
having control over the work.
Omissions to be Made Good.
4. The aforesaid specifications and the several parts of this contract shall be
taken together, to explain each other, and to make the whole consistent; and if it be
found that anything has been omitted or mis-stated, which is necessary for the proper-
performance and completion of any part of the work contemplated, the contractor- will, at his own expense, execute the same as if it had been properly described, 'and the
decision of the engineer shall be final as to any such error or omission, and the correction of any such error or omission shall not be deemed to be an addition to or deviation from .the works hereby contracted for.
Engineer may order Extra Work and Make Changes.
5. The chief engineer, with the sanction ofthe Minister of Railways and Canals,
shall be at liberty, at any time, either before the commencement or during the construction ofthe works or any portion thereof, to order any work to be done, and to
make any changes which he may deem expedient in the grades, the width of cuttings
and fillings, the dimensions, character, nature, location or position of the works, or
any part or parts thereof, or in any other thing connected with the works, whether,
or not, such changes diminish the work to be done, or the cost of doing the same, and
the contractor shall immediately comply with all written requisitions of the engineer
in that behalf, but the contractor shall not make any change in or addition to, or
omission, or deviation from the works, unless directed by the engineer, and shall not
be entitled to any payment far any change, addition or deviation, unless such change,
addition, omission or deviation shall have been first directed in writing by the
engineer, and notified to the contractor in writing, nor unless the price to be paid for
any additional work, shall have been previously fixed by the Minister in writing,
and the decision of the engineer as to whether any such change or deviation increases
or diminishes the cost of the work, and as to the amount to be paid or deducted as
the case may be in respect thereof, shall be final, and the obtaining of his certificate
shall be a condition precedent to the right of the contractor to be paid therefor. If
any such change or alteration constitutes, in the opinion of the said engineer, a
deduction from the works, his decision as to the amount to be deducted on account
thereof, shall be final and binding.
Changes shall not Invalidate Contract.
6. That all the clauses of this contract shall apply to any changes, additions or
deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations or variations shall annul or invalidate
this contract.
Limit of Expenditure under this Contract.
7. It being the intention that the cost ofthe work to be done under this contract
be limited to the sum of six hundred thousand five hundred dollars (g'iOO^OO.OO) of
lawful money of Canada, which sum is to be taken as the maximum amount of this
contract, not to be exceeded; it is hereby specially agreed that should it, at any time
during the execution of the said work, appear from the cost ofthe work then
performed, as compared with the value of the works- still to be done, that such
maximum amount will be exceeded, whether by reason of additions, alterations,
variations, for any cause whatsoever, the contractor will then be required to complete
only such portion of the works herein contemplated as will be indicated by the
engineer, with the view to limit the total expenditure under this contract to the
maximum above stated; and so soon as the said maximum amount will be expended,
this contract will then be considered as ended, and the contractor will not thereafter
be entitled to continue the works under this contract, or to receive any further
payment beyond the said maximum amount, unless the Minister should authorize and
direct further expenditure; in which case, it is understood that the Minister will have
the right (Which is hereby expressly reserved) to direct that any works, which may
then remain to be done, shall be executed under this contract; and the contractor
hereby agrees to execute the same at the rates or prices hereinafter mentioned, as if
these remaining works formed part of this contract.   Provided also, that in case th&
19—2
J 18
■*
said works, on completion, by reason of alterations, variations, deviations, diminutions,
omissions, or otherwise, should not amount to the total sum above mentioned, the
-contractor will not be entitled to the payment ofthe difference m cost whatsoever
the same may be. No compensation shall, in any case, be claimable by the contractor
for any loss of anticipated profits.
Engineer to be sole judge of Work, Material, &c.
8. That the engineer shall be the sole judge of work and material in respect of
both quantity and quality, and his decision on all questions in dispute with regard to
work or material, or as to the meaning or intention of this contract and the plans,
specifications and drawings shall be final, and no works or extra or additional works
or changes shall be deemed to have been executed, nor shall the contractor be
entitled to payment for the same, unless the same shall have been executed to the
satisfaction ofthe engineer, as evidenced by his certificate in writing, which certificate
.shall be a condition precedent to the right of the contractor   to bo paid therefor.
Schedule of Prices.
9. It is hereby distinctly understood and agreed, that the respective portions of
the works set out or referred to in the list or Schedule of Prices to be paid for the
^different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also all and every kind of work, labor, tools,
and plant, materials, articles and things whatsover necessary for the full execution
and completing ready for use of the respective portions of the works to the satisfaction of the engineer. And incase of dispute as to what work, labor, materials,
tools and plant are or are not so included, the decision ofthe engineer shall be final
.and conclusive.
Foreman.
10. A competent foreman is to be kept on the ground by the contractor during
all the working hours, to receive the orders of the engineer, and should the person
•so appointed be deemed by the engineer incompetent, or conduct himself improperly,
he may be discharged by the engineer, and another shall at once be appointed in his
stead; such foreman shall be considered as the lawful representative of the contractor, and shall have jfull power to carry out all requisitions and instructions of
the said engineer
Unsuitable Material or Imperfect Work.
11. In case any material, or other things in the opinion ofthe engineer not in
.accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for the respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the contractor to remove the same, and to provide proper material or
other things, or properly re-execute the work, as the case may be, and thereupon
the contractor shall and will immediately comply with the said requisition, and if
twenty-four hours shall elapse and such requisition shall not have been complied
with, the Engineer may cause such material, or other things, or such work, to be
removed; and in any such case the contractor shall pay to Her Majesty all such
•damages and expenses as shall be incurred in the removal of such materialt materials,
or other things, or of such work; or Her Majesty may, in her discretion, retain and
•deduct such damages and expenses from any amounts payable to the contractor.
AU Plant and Material to become Property of Her Majesty.
*   +iP* ^ macllineiy and other plant, materials and things whatsoever,  provided
•»y the contractor   for the works hereby contracted for, and not rejected under the 19
provisions ofthe last preceding clause, shall from the time of their being so provided
become, and until the final completion of the said works, shall be the property of
Her Majesty for the purposes of the said works, and the same shall on no
^account be taken away, or used or disposed of except for the- purposes of the said
works, without the consent in writing of the Engineer, and Her Majesty shall not be
answerable for any loss or damage whatsoever which may happen to such machinery
or other plant, material or things, provided always that upon the completion of the
works and upon payment by the contractor of fill such moneys, if any, as shall be
due from him to Her Majesty, such of the said machinery and other plant, material
and things as shall not have been used and converted in the works, and shall remain
undisposed of, shall, upon demand, be delivered up to the contractor.
Insufficient Machinery.—Material or Labor to be Increased.
13. Hthe Engineer at any time shall consider the number of workmen, horses
•or quantity of machinery or other plant, or the quantity of proper materials, respectively, employed or provided by the contractor on or for the said works, to be
insufficient for the advancement thereof towards completion within the limited times
-or that the works are, or some part thereof is not being carried on with due diligence
then in every such case the said Engineer may, by written notice to the contractor
require him to employ or provide such additional workmen, horses, machinery or
•other plant, or materials, as the Engineer may think necessary, and in case the
contractor shall not thereupon within three days, or such other longer period as may
be fixed by any such notice, in all respects comply therewith, then the Engineer
may, either on behalf of Her Majesty, or if he see tit, may, as the agent of and on
aecount ofthe contractor, but in either case at. the expense of the contractor, provide
and employ such additional workmen, horses, machinery and other plant, or any
thereof or such additional and materials respectively, as he may think proper, and
may pay such additional workmen such wages, and for such additional horses,
machinery or other plant and materials, respectively, such prices as he may think
proper, and all such wages and prices, respectively, shall thereupon at once be repaid
Dy the contractor, or the sum may be retained and deducted out of any moneys at
any time payable to the contractor; and Her Majesty may use, in the execution or
.advancement of the said work, not only the horses, machinery and other plant and
materials so in any case provided by anyone on Her behalf, but also all such as
may have been or may be provided by or on behalf of the said contractor.
Delay in Execution.—Work may be taken out of Contractor's Hand.
14. In case the contractor shall make default or delay in diligently continuing
to execute or advance the works to the satisfaction of the Engineer, and such default
•or delay shall continue for six days after notice in writing shall have been given by
the Engineer to the contractor requiring him to put an end to such default or delay,
or in case the contractor shall become insolvent, or make an assignment for the
benefit of creditors, or negleet either personally or by a skilful and competent agent
to superintend the works, then in any of such cases Her Majesty may take the work
out of the contractor's hands and employ such means as she may see fit to complete
the work, and without further notice take possession of the road and works thereon,
and of all horses, machinery and other plant, materials and things whatsoever
as may then be on the road, or even such as may have been or may be provided by
or on behalf of the said contractor for the said works, and in such
cases the contractor shall have no claim for any further payment in respect of
the works performed, but shall nevertheless remain liable for all loss and damage
which may be suffered by Her Majesty by reason of the non-completion by the contractor of the works, and all materials and things whatsoever, and all horses, machinery,
and other plant provided by him for the purposes of the works, shall remain and be
considered as the property of Her Majesty for the purposes and according to the pro-
19—2i 20
visions and conditions contained in the twelfth clause hereof. And when this contract
shall have been so completed by Her Majesty, any balance remaining in Her hands
after meeting all costs and damages incurred, may be paid over to the contractor; it
being distinctly understood and agreed that Her Majesty shall have full power to pay
all such costs and damages out of any balance due to the contractor for works previously
done, or materials and things whatsoever delivered or procured for the works, and
out of any money or other security whatsoever deposited by the contractor, and that
if such balance be not sufficient to meet all such costs and damages, the contract&t-
and his sureties bind themselves to pay any deficiency in that respect.
Contractor to take risk of all loss or damage.
15. The contractor shall be at the risk of, and shall bear all loss or damage whatsoever, from whatsoever cause arising, which may occur to the works, or any°of them
until the same be fully and finally completed and delivered up to and accepted by the
said Minister for the time being, and if any such loss or damage occur before such
final completion, delivery and acceptance, the contractor shall immediately at his
own expense, repair, restore and re-execute the work so damaged, so that the whole
works, or the respective parts thereof, may be completed within the time hereby
limited. J
Contractor to have no claim for delay.
16. The contractor shall not have or make any claim or demand, or bring anv
action or suit or petition against Her Majesty for any damage which he may sustain
by reason of any delay m the progress of the work, arising from the acts of any of
Her Majesty s agents, and it is agreed that in the event of any such delay, the con
tractors shall have such further time for the  completion  of th* w«,.Va « v
fixed in that behalf by the Minister for the time bS                         °lkS aS may be
Contractor not to make assignment.—Work may be taken out of Contractor's hands,
17. The contractor shall not make any assignment of this r>nn+va«+ ™ „ x.
contract, for the execution of any of the 7mJ C^oSSSSdftS and^n any
event no such assignment or sub-contract, even though consented to she'lli H 7
the contractor from liability under this contract, for The duH^ri^^Xll i£
work hereby contracted for.   Tn the event of sm-o- en^K   „„„• f011U1 "ldace ot an the
being madef then the contractor shlll not have o? mat IffilT^^
Her Majesty for any future payments under this conTract Li? «y &SwT» T*
sum or sums than the sum or sums respectively at which th7work 1 T*"
assigned or sub-contracted for shall have been undertaken   to \ °r works so
assignee or sub-contractor, and in the event of\ny sS assign ntntT^K* ^ the
being made without such consent, Her Majesty mavST+f 01 ^-contract
the contractor's hands, and employ such meansas.she ZJ ^ WOrk out of
same, and in such case the oon&Jtor shaU have no claTmVrIvV",?**18*6 the
m respect of the works performed, but shall nev^^fe^
and damage which may be suffered by Her Maiestv hi ™L«emam liable for all loss
by the contractor of the works, and aTl materia s Lal tMn* 1* f^ompletion
horses, machinery, and other plant provided by C for thl g what8oever, and all
shall remain and be considered as th? property of Her Ma?estv?o??rS °f the WOrka'
according to the provisions and conditions contained in thTtSlml ^ P111?0868-- an*
18. Time shall be deemed to be ofthe essence of tbis^tct ' *"*"*
Contractors responsible for damage.
19. The contractor shall be responsible for all d*™*,,.      ^ ■     , 21
ships, or other property, or in respect of any infringement of any right whatsoever,
-occasioned by the performance ofthe said works, or by any neglect or misfeasance
or non-misfeasance on his part, and shall and will at his own expense, m ike such
temporary provisions as may be necessary for the protection of persons, or of lands,
buildings', ships, or other property, or for the uninterrupted enjoyment of all rights
of persons or corporations in and during the peiforman;e ofthe said works.
Failing to pay salaries or wages.
20. If the contractor fail at any time in paying the salaries or wages of any
person employed by him upon or in respect of the said works, or any of them, and
any part of such salary be one month in arrear, or if there be due to any such person
one month's wages or salary, the Engineer may notify the contractor to pay such
salary or wages, and if two days elapse and the same be not paid in full up to the
date of payment, or to such other date as may be in accordance with the terms of
employment of such person, then Her Majesty may pay to such person salary or
wages from any date to any date, and to any amount which may be payable, and may
charge the same to the contractor, and the contractor convenants with Her Majesty
to repay at once any and every sum so paid.
Stakes and marks to be protected.
21. The contractor will protect and will not remove or destroy or permit to be
removed or destroyed, the stakes, buoys, and other marks placed on or about the said
works by the Engineers of the works, and shall furnish the necessary assistance to
conect or replace any stake or mark which through any cause may have been removed or destroyed.
Contractors address.
22. Any notice or other communication mentioned in this contract to be notified or
given to the contractors, shall be deemed to be well and sufficiently notified or given,
if the same be left at the contractor's office or mailed in any post office, to the contractor or foreman, addressed to the address mentioned in the contract, or to the contractor's last known place of business. 22
Schedule of prices:
23 And Her Majesty, in consideration of the premises, hereby convenants with
the contractor, and he will be paid for, and in respect of the works hereby contracted
for, and in the manner set out in the next clause hereof the several prices or sums
following, viz.,: 	
JQ
a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Description of Work.
Clearing	
Grubbing ; -.	
Platform of logs across muskeg3, average 9 inches deep	
Fencing   	
Earth excavation     \	
Oribwork in abutments and piers of bridges, including stone filling.
Rip-rap
Square timber and plank in trestle-work, culverts, bridges, etc., white
pine or tamarac	
Piles driven, 12 inches by 12 inches, tamarac	
8-inch flatted timber  , •  j
Wrought iron, including bolts, spikes, straps, etc	
Oast iron  .-. \	
Public road-crossings, including cattle-guards and connecting-fences;
sign-boards, gravelling roadway, etc	
Farm road-crossings, including gates, forming road-way, etc	
Ties	
Carriage of rails and fastenings from Montreal	
Track-laying.. -.    	
Ballasting ,	
Points and crossings	
Station buildings, 60 feet by 24 feet, with platform, complete 	
Bates.
%   cts.
2
00
4
00
750
00
0
04
0
16
2
50
1
50
0
28
0
60
0
15
0
07
0
07
145
00
10
00
0
29
17
75
275
00
0
22
20
00
,250
00
Per acre,
do
do
Per 1. ft.
Per c. yd,
do
do
Per c. ft
er 1. ft.
do
Per lb.
do
Per crossing
do
er tie.
Per ton.
Per mile.
Per c. yd.
Per set.
Per station -
(Signed)       H. A. F.
Payments.
24. Cash payments equal to about ninety per cent, of the value of the work done,
approximately made up from returns of progress measurements and computed at the
prices agreed upon or determined under the provisions of this contract, will be made
to the contractor monthly, on the written certificate ofthe engineer that the work
for or on account of which the certificate is granted, has been duly executed to his
satisfaction, and stating the value of such wcrk computed as above mentioned—and
upon approval of such certificate by the Minister for the time being for the Dominion
of Canada, and the said certificate and such approval thereof shall be a condition
precedent to the right of the contractor to be paid the said ninety per cent, or any
part thereof. The remaining ten per cent shall be retained until the final completion of the wholo work to the satisfaction of the chief engineer for the time being,
having control over the work, and within two months after such completion the
remaining ten per cent will be paid. And it is hereby declared that the written
certificate of the said engineer, certifying to the final completion of said works to his
satisfaction, shall be a condition precedent to the right of the contractor to receive or
bo paid the said remaining ten per cent., or any part thereof.
Monthly Estimates.
•n k5' It;i!8 intended tnat eveiT allowance to which the contractor is fairly entitl
"will be embraced in the engineer's monthly certificates;  but should  the contrac
tied,
tor 23
at anytime have claims of any description which he considers are not included in the
progress certificates, it will be necessary for him to make and repeat such claims in
writing to the engineer, within fourteen days after the date of each and every certificate in which he alleges such claims to have been omitted.
Claims by Contractors.
26. The contractor, in presenting claims of the kind referred to in the last clause,
must accompany them with satisfactory evidence of their accuracy, and the reason
why he thinks they should be allowed. Unless such claims are thus made during
the progress of the work, within fourteen days, as in the preceding clause, and repeated, in writing, every month, until finally adjusted or rejected, it must be clearly
understood that they shall be forever shut out, and the contractor shall have no claim
on Her Majesty in respect thereof.
Progress Measurements.
27. The progress measurements and progress certificates shall not in any respect
be taken as an acceptance of the work or release of the contractor from responsibility
in respect thereof, but he shall at the conclusion of the work deliver over the same in
good order, according to the true intent and meaning of this contract.
Operations may be Suspended.—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
any particular point or points, or upon the whole ofthe works, and in the event of
such right being exercised so as to cause any delay to the contractor, then
an extension of time equal to such delay or detention, to be fixed by the Minister
as above provided for, shall be allowed him to complete the contract, but no such
delay shall vitiate or avoid this contract or any part thereof, or the obligation hereby
imposed or any concurrent or other bond or security for the performance of this
contract, nor shall the contractor be entitled to any claim for damages by reason of
any such suspension of operations. And at any time after operations have been suspended either in whole or in part—such operations may be again resumed and again
suspended and resumed as Her Majesty may think proper. And upon the contractor
receiving written notice, on behalf of Her Majesty, that the suspended operations are
to be resumed, the contractor shall at once resume the operations and diligently carry
on the same.
Appropriation by Parliament.
29. Should the amouflt now voted by Parliament, and applicable towards payment for the work hereby contracted for, be at any time expended previous to the
completion of the works, tho Minister for the time being, may give the contractor
written notice to that effect; and upon receiving such notice the contractor may, if
he think fit, stop the work—but in any case shall not be entitled to any payment for
work done, beyond the amount voted and applicable as aforesaid—unless and until
the necessary funds have been voted by Parliament in that behalf. And in no event
|shall the contractor have or make any claim upon Her Majesty for any damages or
compensation by reason of the said suspension of payment, or by reason of any delay
or loss caused by the stoppage of work-
Spirituous Liquors.
30. The contractor shall not permit, allow, or encourage the sale of any spirituous liquors on or near the works. 91
\
No Sunday Labour.
31. No work whatever shall at any time or place be carried on during Sunday, and
the contractor shall take all necessary steps for preventing any foreman, or agent, or
men from working or employing others on that day.
Chief Engineer to be Arbitrator.
32. It is hereby agreed, that all matters of difference arising between the parties
hereto, upon any matter connected with or arising out of this contract, the decision
whereof is not hereby especially given to the engineer,—shall be referred to the
award and arbitration ofthe chief engineer for the time being, having control over
the works, and the award of such engineer shall be final and Conclusive; and it is
hereby declared that such award shall be a condition precedent to the right ofthe
contractor to receive or be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly declared that no implied contract of any kind whatsoever, by
or on behalf of Her Majesty, shall arise or be implied from anything in this contract
contained, or from any position or situation of the parties at any tirrfe, it being clearly
understood and agreed that the express contracts, covenants and agreements herein
contained and made by Her Majesty, are and shall be the only contracts, covenants
and agreements upon which any rights against her are to be founded.
34. This eon tract is hereby, pursuant to the provisions of the 8th section of the
Statute, 41st Victoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming advisable, in the interests of the public, to suspend
the work hereby contracted for, or any portion thereof, at any time before its completion, and to put an end to this contract, the Minister for the time being shall have
full power to stop the work and to cancel this contract, on giving due notice to that
effect to the contractor. The contractor, however, will be entitled to receive payment
for all turns then due for work already done, materials used or delivered, or ready to
be used, or in course of preparation, together with such reasonable compensation as'
will cover all bond fide damages, if any, resulting therefrom, and as may then be
agreed upon ; or, in case of disagreement, as may be determined by tho official arbitrators ofthe Dominion of Canada; it being understood, however, that no compensation will be allowed to, or claimed by, the contractor for materials procured for the
works, after the date of the service of the notice above referred to, or for any loss of
anticipated profits, either in respect of the works so suspended as aforesaid, or of the
materials then procured for said works.
In Witness whereof, the contractor hath hereto set his hand and seal—and these
presents have been s;gned and sealed by the said Minister, and countersigned, by the
Secretary of the Department of Railways and Canals, on behalf of Her Majesty.
Signed, sealed and delivered by the contractor in presence of
(Signed)
H. A. FlSSIAPLT.
(Signed)       JOHN RYAN, (Seal.)
J. H. POPE,
Acting Minister of Railways and Canals.
Signed, sealed and delivered by the Minister, and countersigned by the  Secretory in the presence of
(Signed)  H. A. Fissiault.
(Signed) P. H. ENNIS.
Acting Secretary. SURETIES' INDENTURE.
This Indenture, made the nineteenth day of August, one thousand eight hundred and
seventy-nine, between JAMES MURPHY, of the City of Ottawa, in the County of
Cai-reton, and Province of Ontario, Contractor, and JOHN HENEY, of the. same
place, Wood Merchant, hereinafter called <; The Sureties," of the first part, and
Her Majesty Qaeen Victoria, of the second part.
WITNESSETH that the sureties hereby for themselves, and each of them, their and
each of their heirs, executors and administrators, jointly and severally, covenant with
Her Majesty and Her Successors, that the contractor named in the hereunto annexed
Indenture, his executors and administrators, shall and will from time to time, and at
all times, well and truly perform, keep and abide by all and singular the covenants,
agreements end conditions in said Indenture contained, and on his part to be performed, kept and abided by. And the sureties, further, covenant and agree with Her
Majesty and Her Successors, that all the rights, privileges and powers which may, by
virtue of the said Indenture, be exercised by or on behalf of Her Majesty, or by the
engineer or engineers, or other persons mentioned in said Indenture, may be so
exercised without notice to the said sureties, and without in any way releasing or
interfering with tho liability of the sureties under their covenants herein contained.
In witness whereof, the parties hereto have hereunto set their hands and seals.
Signed, sealed and delivered      ^
in presence of V        (Signed)       JAMES MURPHY.    [Seal.]
JOHN HENEY.        [Seal.]
(Signed)    H. A. Fissiault. 26
This Indenture made the twenty-third day of December, one thousand eight hundred and seventy-nine, between ANDREW ONDERDONK, of San Francisco, m
the State of California, one of the United States of North America, Contractor
and Civil Engineer, hereafter called " the Contractor" of the first part, and
Her Majesty Queen Victoria represented herein by the Minister of Railways and
Canals, of the second part, WITNESSETH, that in consideration of the covenants and agreements on the part of Her Majesty hereinafter contained, th«
contractor covenants and agrees with Her Majesty as follows :
Work.—Engineer.
1. In this contract the word "work" or " works", shall, unless the context
require a different meaning, mean the whole of the work and the materials, matters
and things required to be done, furnished and performed by the contractor under
this contract. The word " engineer," shall mean the chief engineer for the time
being having control over the work, and shall extend to and include any of his
assistants acting under his instructions, and all instructions or directions, or certificates given, or decisions made by any one acting for the chief enginoer, shall be
subject to his approval, and may be cancelled, altered, modified and changed, as to
him may seem fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and
extend to the executors and administrators ofthe contractor, and shall extend to and
be binding upon the successors of Her Majesty, and wherever in this contract Her
Majesty is referred to, such reference shall include her successor, and wherever the
contractor is referred to, such reference shall include his executors and administrators.
Labor, Plant and Material.—Time for Completion.—Materials and Workmanship.
3. That the contractor will, at his own expense, provide all and every kind of
labor, machinery and other plant, materials, articles, and things whatsoever necessary
for the due execution and completion of all and every the works set out or referred
tp in the general specifications hereunto annexed, dated 30th November, 1878, and
marked A, and set out or referred to in the plans and drawings prepared and to be
prepared for the purposes of the work, and in accordance with the printed mem-
orarndura herewith annexed, marked B, and will execute and fully complete the
respective portions of such works and deliver the same complete to Hor Majesty, on
or before the thirty-first day of December, A.D., eighteen hundred and eighty-three.
The said work to be constructed of the best materials of their several kinds, and
finished in the best and most workmanlike manner, in the manner required by and in
strict conformity with the said specifications and drawings which may from time to
time be furnished (which said specifications an i memorandum are hereby declared
to be part of this contract) ; and to the complete satisfaction of the chief engineer
for the time being having control over the work.
Omissions to be made Good.
4. The aforesaid specification and memorandum, and the several parts of this
contract shall be taken together, to explain each other, and to make the whole consistent; and if it be found that anything has been omitted or mis-stated, which is
necessary for the proper performance and completion of any part cf tho work contemplated, tho contractor will, at his own expense, execute the same as if it had
been properly described, and the decision of the engineer shall be final as to any
such error or omission, and the correction of any such error or omission, shall not b*
aeemedjto be an addition to, or deviation from, the works hereby contracted for. 1
27'
Engineer may order extra work, and make changes.
5. The chief engineer, with the sanction of the Minister, shall be at liberty at
any time, either before the commencement or during the construction of the works
or any portion thereof, to order any work to be done, and to make any changes
which he may deem expedient in the grades, the width of cuttings and fillings, the
dimensions, character, nature, location, or position of the works, or any part or parts
thereof, or in any other thing connected with the works, whether or not such changes
diminish the work to be done, or the cost of doing the same, and the contractor
shall immediately comply with all written requisitions of the engineer in that
behalf, but the contractor shall not make any change in or addition to, or omission,
or deviation from the works, unless directed by the engineer, and shall not be
entitled to any payment for any change, addition, or deviation, unless such change,
addition, omission, or deviation, shall have been first directed in writing by the
Engineer, and notified to the contractor in writing, nor unless the price to be paid
for any additional work shall have been previously fixed by the Minister in writing,
and the decision of the Engineer as to whether any such change or deviation increases or diminishes the cost of the work, and as to the amount to be paid or
deducted, as the case my be in respect thereof, shall be final, and the obtaining of his
certificate shall be a condition precedent to the right of the contractor to be paid
therefor. If any such change or alteration constitutes, in the opinion of the said
engineer, a deduction from the works, his decision as to the amount to be deducted;
on account thereof shall be final and binding.
Changes shall not Invalidate Contract.
6. That all the clauses of this contract shall apply to any changes, additions, or
deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations or variations shall annul or invalidate
this contract.
Limit of Expenditure under this Contract.
7. It being the intention that the cost of the work to be done under contract be
limited to the sum of Two Millions Seven Hundred and Twenty-seven Thousand Three
Hundred Dollars, which *um is to be taken as the maximum amount of this contract,
not to be exceeded; it is hereby specially agreed that should it, at any time during
the execution of the said work, appear from the cost of the work then performed, as
compared with the value of the works still to be done, that such maximum amount
will be exceeded, whether by reason of additions, alterations, variations, for any other
cause Whatsoever, the contractor will then be required to complete only such jjortion
of the works herein contemplated as will be indicated by the engineer, with the
view to limit the total expenditure under this contract to the maximum above
stated; and so soon as the said maximum amount will be expended, this contract
will then be considered as ended, and the contractor will not thereafter be entitled to
continue the works under this contract, or to receive any further payment beyond
the said maximum amount, unless the Minister should authorize and direct further
expenditure; in which case, it is understood that the Minister will have the right
(which is hereby expressly reserved) to direct that any works, which mayjjthen
remain to be done, shall be executed under this contract; and the contractor hereby
agrees to execute the same at the rates or prices hereinafter mentioned, as if these
remaining works formed part of this contract. Provided also, that in case the&said
works, on completion, by reason of alterations, variations, deviations, diminutions,
omissions, or otherwise, should not amount to the total sum above mentioned,uthe
contractor will not be entitled to the payment of the difference in cost, whatsoever
the same may be. No compensation shall, in any case, be claimable by the( contractor for any loss of anticipated profits. /
r
28.
Engineer to be sole Judge of Work, Material, &c.
8. That the Engineer shall be the sole judge of work and material in respect of
both quantity and quality, and his decision on all questions in dispute with regard to
work or material, or as to the meaning or intention of this contract and the plans,
specifications and drawings shall be final, and no works or extra or additional works
or changes shall be deemed to have been executed, nor shall the contractor be
entitled to payment for the same, unless the same shall have been executed to the
satisfaction of the engineer, as evidenced by his certificate in writing, which certificate shall be a condition precedent to the right of the contractor to be paid therefor.
Schedule of Prices.
9. It is hereby distinctly understood and agreed, that the respective portions of
the works set out or referred to in the list or schedule of prices to be paid for the
different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also all and every kind of work, labor, tools,
and plant material-!, articles, and things whatsoever necessary for the full execution
and completing ready for use ofthe respective portions ofthe works to the satisfaction of the Engineer. And in case of dispute as to what work, labor, materials, tools,
and plant are or are not so included, the decision of tho engineer shall be final and
conclusive.
Foreman.
10. A competent foreman is to be kept on the ground by the contractor during
all the working hours, to receive tho orders of the engineer, and should the person
so appointed be deemed by the Engineer to be inco npetent, or conduct himself improperly, he may be discharged by the Engineer, and another shall at once be appointed in his stead ; such foreman shall be considerel as the lawful representative
ofthe Contractor, and shall have full power to carry out all requisitions and instructions of the said engineer.
*
Unsuitable Material or Imperfect  Work.
11. In case any material, or other things in the opinion of the engineer not in
accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for tho respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the Contractor to remove the same, and to provide proper material or
other things, or properly re-execute the work, as the case may be, and thereupon the
contractor shall and will immediately comply with the said requisition, and if
twenty-four hours shall elapse and such requisition shall not have been complied
with, the engineer may cause such material, or other things, or such work, to be
removed; and in any such case the contractor shall pay to Her Majesty all such
damages and expense as shall be incurred in the removal of such material, materials,
or other things, or of such work; or Her Majesty may, in her discretion, retain and
deduct such damages and expenses from any amounts payable to the contractor.
All Plant and Material to Become Property of Her Majesty.
12. All machinery and other plant, materials, and things whatsoever, provided
by the contractor for the works hereby contracted for, and not rejected under the
provi ions ofthe last preceding clause, shall from the time of their being so provided
become, and until the final completion of the said works, and the same shall, on no
account, be taken away, or used or disposed of, except for the purposes ofthe said
works, without the consent, in writing, of the engineer, and  Her Majesty shall not, \ 29
be answerable for any loss or damage whatsoever which maj'- happen to such
machinery, or other plant, material or things, provided always that upon the completion of the works, and upon ^payment by the contractor of all such moneys, if
any, as shall be due from him to Her Majesty such of the said machinery-and other
plant, material and things as shall not have been used and converted in the works,
and shall remain undisposed of shall, upon demand, be delivered up to the Contractor.
Insufficient Machinery.—Material or Labor to be Increreased.
13. If the engineer shall, at any time, consider the number of workmen, horses,
or quantity of macbinory or other plant, or the quantity of proper materials, respectively, employed or provided by the contractor, on or for the said works, to be
insufficient for the advancement thereof towards completion within the limited
times, or that the works are, or some part thereof, is not being carried on with due
diligence, then in every such case the said engineer may, by written notice to the
contractor, require him to employ or provide such additional workmen, horses,
machinery, or other plant or materials, as the engineer may think necessary, and ^
in case the Contractor shall not thereupon within three days, or such other longer
period as may be fixed by any such notice, in all iespects comply therewith, when
the engineer may, either on behalf of Her Majesty, or if he see fit, may, as the agent
of and on account of the Contractor, but in either case at the expense of the Contractor, provide and employ such additional workmen, horses, machinery, and
other plant, or any thereof, or such additional and materials respectively, as he may
think proper, and may pay such additional workmen such wages, and for such additional horses, machinery or other plant, and materials respectively, such prices as
he may think proper, and all such wages and prices respectively, shall thereupon at
once be repaid by the Contractor, or the same may be retained and deducted out
of any moneys at any time payable to the Contractor ; and Her Majesty may use,
in the execution or advancement of the said work, not only the horses, machinery,
and other plant, and materials so in any case provided by any one on Her behalf,
but also all such as may have been or may be provided by or on behalf of the said-
Contractor.
Delay in Execution.
14. In case the Contractor shall make default or delay in diligently continuing
to execute or advance the works to the satisfaction ofthe Engineer, and such default
of delay shall continue for six days after notice in writing shall have been given by
the engineer to the contractor requiring him to put an end to such default or delay,
or in case the contractor shall become insolvent, or make an assignment for the benefit
of creditors, or neglect either personally or by a skilful and competent agent to superintend the works, then in any of such cases Her Majesty may take the work out ofthe contractor's hands and employ such means as she may see fit to complete the work, and in
such cases the contractor shall have no claim for any further payment in respect of
the works performed, but shall nevertheless remain liable for all loss and damage
which may be suffered by Her Majesty by reason of the non-completion by the
contractor of the works; and all materials and things whatsoever, and all horses,,
machinery and other plant provided by him for the purposes of the works, shalL
remain and be considered as the property of Her Majesty for the purposes and
according to the provisions and conditions contained in the twelfth clause hereof.
Contractor to take Risk of all Loss or Damage.
15. The contractor shall be at the risk of, and shall bear, all loss or damage
whatsover, from whatsoever cause arising, which may occur to the works, or any of
them, until the same be fully and finally .completed and delivered up to and accepted
by the said Minister for the time being; and if any such damage or loss occur before 30
*uch final completion, delivery and acceptance, the contractor shall immediately at
his own expense repair, restore and re-execute the work so damaged, so that the whole
works, or the respective parts thereof, may be completed within the time hereby
•limited.
Contractor to have no Claim for Delay.
16. The contractor shall not have or make any claim or demand, or bring any
action or suit or petition against Her Majesty for any damage which he may sustain
by reason of any delay in the progress of the work, arising from the acts of any of
Her Majesty's agents, and it is agreed that in the event of any such delay the contractor shall have such further time for the completion of the works as may be fixed
in that behalf by the Minister for the time being.
Contractor not to make Assignment.—Work may be taken out of Contractors Hands.
17. The contractor shall not make any assignment of this contract, or any subcontract, for the execution of any of the works hereby contracted for; and in any
event no such assignment or sub-contract, even though consented to, shall exonerate
the contractor from liability, under this contract, for tho due performance of all the
work hereby contracted for. In the event of any such assignment or ' sub-contract
being made, then the contractor shall not have or make any claim or demand upon
Her Majesty for any future payments under this contract for any further or greater
sum or sums than the sum or sums respectively at which the work or works so
assigned or sub-contracted for shall have been undertaken to be executed by the
assignee or sub-contractor ; and in the event of any such assignment or sub-contract
being made without such consent, Her Majesty may take the work out of the
contractor's hands, and employ such means as she may see fit to complete the same;
and in such case the contractor shall have no claim for any further-payment in
respect ofthe works performed, but shall nevertheless remain liable for all loss and
damage which may -be suffered by Her Majesty by reason of the non-completion by
the contractor of the works ; and all materials and things whatsoever, and all horses,
machinery, and other plant provided by him for the purposes of the works, shall
remain and be considered as the property of Her Majesty for the purposes and
according to the provisions and conditions contained in the twelfth clause hereof.
18. Time shall be deemed to be ofthe essence of this contract.
Contractor Responsible for Damage.
19. The contractor shall be responsible for all damages claimable by any person
or corporation whatsoever, in respect of any injury to persons or to lands, buildings
ships or other property, or in respect of any infringement of any right whatsoever^
occasioned by the performance' ol the said works, or by any neglect or misfeasance
or non-misfeasance on his part, and shall and will at his own expense,  make such
temporary provisions as may be necessary for the protection of persons,' or of lands
buildings, ships or other property, or for the uninterrupted enjoyment'of all rights
of persons or corporations, in and during the performance of the said works.
Failing to Pay Salaries or Wages.
20. If the contractor fail at any time in paying the salaries or wages of any
person employed by him upon or in respect of the said works, or any of them and
any part of Buch salary be one month in arrear, or if there be due to any such person
one months wages or salary, the engineer may notify the contractor to pay such
salary or wages, and if two days elapse and the same be not paid in fall up to the
date of payment or to such other date as may be in accordance with the terms of
employment of such person, thon Her Majesty may pay to such person salary or 31
•wages from any date to any date, and to any amount which may be payable, and may
charge the same to the contractor, and the contractor covenants with Her Majesty to
repay at once any and every sum so paid.
Stakes and Marks to be Protected.
21. The contractor will protect and will not remove or destroy, or permit to be
removed or destroyed, the stakes, buoys and other marks placed on or about the said
Tvorks by the engineers of the works, and shall furnish the necessary assistance to
■correct or replace any stake or mark which through any cause may have been
removed or destroyed.
Contractor's Address.
22. Any notice or other communication mentioned in this contract to be notified
■or given to the contractor shall be deemed to be well and sufficiently notified or
given, if the same be left at the contractor's office or mailed in any Post Office, to the
contractor or foreman, addressed to the address mentioned in this contract, or to the
contractor's last known place of business.
Schedule of Prices.
23. And Her Majesty, in consideration ofthe premises, hereby covenants with
the contractor that he will be paid for and in respect of the works hereby contracted
for, and in the manner set out in the next clause hereof, the several prices or sums
following, viz.:—
SCHEDULE OF QUANTITIES AND PRICES.
♦Approximate
Quantities.
250
10
10
10,000
500,000
250,000
Description of Work.
1,500,0001     do
2,000i L. feet
Say 6,000
200
i,000
15,000
10,000
5,000
1,000
1,000
1,000
i
Acres ,Clearing per acre
do     iClose cutting,       do
do     IGrubbing      do
L. feet |Fencing . .*— per 1. ft.
0.yards Solid rock excavation perc yd
do     .Loose ro'ck excavation      do
Earth excavation (including that described in
Clause 13 of Specification)   j      do
Under-drains perl. ft.
Tunnelling (See clause 32 of Specification.)
"Line Tunnels "in rock, in the following
lengths: 300 ft., 50, 150, 105, 240, 400, 360,
385, 290, 200, 150, 140,  1,600,  100, 150, 100,
110, 230, 350 and 500 ft  do
" Twelve feet—Stream Tunnels "  do
" Six feet— Stream Tunnels"  do
Bridge masonry perc yd
Culvert masonry  do
Dry masonry (retaining walls, etc.)  do
Paving  do
Concrete  do
Rip-rap  do
do
do
do
C.yards
do
do
do
do
do
$   cts.
30 00
7,500 00
40 00
400 00
80 00
800 00
05
500 00
1 50
750,000 00
75
187,500 00
30
450,000 00
40
800 00
Amount.
cts.
05 00
630,000 00
36 00
7,200 00
12 00
12,000 00
10 00
150,000 00
6 00
60,000 00
4 00
20,000 00
3 00
3,000 00
6 00
6,000 00
3 09
3,000 0» 32
SCHEDULE OF QUANTITIES AND PRICES—Continued.
•Approximate
Quantities.
Description of Work.
500
L. feet j
1
15,000!C. yards.
8
1
6
1
3
No.    1
do
do
do
do
2,000
5,000
1,500
1,400
L. feet
s
do
do
Cast-iron pipes, 3ft. diameter inside, 1 in. thick,
laid in concrete (the concrete not included
in this item) perl, ft
Hand-laying rock embankments, -where slopes
are steeper than 1 to 1 (labor only) perc yd.
Timber bridge superstructure, 160 tt. clear per span.
do do 125     do             do
do do 100     do             do
do do 60     do             do
do do 40     do             do
(See clauses 42 and 43 of Specification.)
Timber, best quality, for beam culverts, &c.:
12 ft. x 16 ft	
12 ft. x 12 ft...	
8 ft. xl6ft  ,	
8ft. x 12ft	
do
do
do
F, B.M.
10,000
10,000
3,000
20,000
3,000! Lbs.
500      do
75,000      No.
3,000 Tons.
30 Miles.
100,000 0, yards
20 i     No.
41    do
Cther dimensions of timber (if required to be
used) at proportionate prices.
per 1. ft.
.     do
.     do
.     do
ft.
iPiles driven (See clause 40 of Specification) per 1,
Round timber for crib wharfing, etc., not less
than 12 in. diameter	
Flatted timber in road diversion culverts, 12 in.
thick	
Plank  , ...
Wrought iron	
Cast iron	
Ties 	
Carriages of rails and fastenings, from lower end
of Section, inclading all handling.    Tons.
Tracklaying    Miles.
Ballasting.. perc. yd.
do
do
per M.
per lb.
do
Each.
comprising timber
small timber cul-
and notice-boards,
Setting points and crossings
Public road level crossings;
cattle-guards, planking
verts under approaches,
complete	
To cover work which possibly may be required
under clauses 18, 43 and 91 of General
Specification, short quantities and contingencies, add, say $250,000	
Each.
Each.
I
1
Rates.   !    Amount.
$   cts.
10 00
7,5"0
6,250
4,000
2,100
1,400
70
00
00
00
00
00
0 40
0 20
0
25
0
0
0
25
00
15
15
30
1 00
300 00
0 30
25 00
60 00
Total
$   cts.
5,000 00
11,250 00
60,000 00
6,250 00-
24,000 00
2,100 00
4,200 00-
600 00
1,500 00
375 00
350 00
4,000 0O-
2,000 00-
750 00
500 00
450 00
75 00
22,500 00
3,000 00
9,000 00
30,000 00
500 00
200 00
250,000'00
2,727,300 00
•Noth.—Some of the quantities printed in this column are estimated from preliminary location
measurements, and may be considered roughly approximate. Other items are simply conjectured, and
placed herein lor the purpose of obtaining rates.
Payments.
24. Cash payments equal to about ninety per cent, of the value of the work:
done, approximately made up from returns of progress measurements and computed
at the prices agreed upon or determined under the provisions of this contract, will 33
be made to the contractor monthly on the written certificate of the engineer that
the workfor or on account of which the certificate .is granted, has been duly executed
to his satisfaction and stating the value of such work computed as above mentioned—
and upon .approval of such certificate by the Minister for the time being, and the said
certificate and such approval thereof shall be a condition precedent to the right of
the contractor to be paid the said ninety per cent, or any part thereof. The remaining ten per cent, shall be retained until the final completion of the whole work to the
satisfaction ofthe chief engineer for the time being, having control over the work,
and within two months after such completion the remaining ten per cent, will be
paid. And it is hereby declared that the written certificate of the said engineer
eertifying to the final completion of the said works to his satisfaction shall be a
condition precedent to the right of the contractor to receive or be paid the said
remaining ten per cent., or any part thereof.
Monthly Estimates.
25. It is intended that every allowance to which the contractor is fairly entitled,
will be embraced in tho engineer's monthly certificates; but should the contractor at
any time have claims of any description which he considers are not included in the
progress certificates, it will be necessary for him to make and repeat such claims in
writing to the engineer, within fourteen days after the date of each and every certificate in which he alleges such claims to have been omitted.
Claims by Contractors.
26. The contractor in presenting claims of the kind referred to in the last clause
must accompany them with satisfactory evidence of their accuracy, and the reason
why he thinks they should be allowed. Unless such claims are thus made during
the progress of the work, within fourteen days, as in the preceding clause, and repeated,"in writing, every month, until finally adjusted or rejected, it must be clearly
understood that they shall be forever shut out, and the contractor shall have no claim,
on Her Majesty in respect thereof.
Progress Measurements.
27. The progress measurements and progress certificates shall not in anyrespect
be taken as an acceptance ofthe work or release of the contractor from responsibility
in respect thereof, but he shall at the conclusion ofthe work deliver over the same-
in good order, according to the true intent and meaning of this contract.
Operations may be suspended.—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
any particular point or points or upon the #whole of the works, and in tho event of
such right being exercised so as to cause any delay to the contractor, then an' extension of time equal to such delay or detention, to be fixed by the Minister as above
provided for shall be allowed him to complete the contract, but no such delay shall
vitiate or avoid this contract or any part thereof, or the obligations hereby imposed
or any concurrent or other bond or security for the performance of this contract, nor
shall the contractor be entitled to any claim for damages by reason of any such
suspension of operations. And at any time after operations have been suspended
either in whole or in part, such operations may be again resumed and again suspended and resumed as Her Majesty may think proper. And upon the contractor-
receiving written notice on behalf of Her Majesty that the suspended operations are
to be resumed the contractor shall at once resume the operations and diligently carry
on the same.
19—3 34
Appropriation by Paliament.
99 Should the amount now voted by Parliament and applicable towards payment
for the work hereby contracted for, be at any time expended previous to the completion of the works, the Minister for the time being may give the contractor
^written notice to that effect. And upon receiving such notice the contractor may,
if he ihinks fit, stop the work—but in any case shall not be entitled to any payment
for work done, beyond the amount voted and applicable as aforesaid—unless and
until the necessary funds shall have been voted by Parliament in that behalf. And
in no event shall the contractor nave or make any claim upon Her Majesty for any
damages or compensation by reason ofthe said suspension of payment, or by reason
•of any delay or loss caused by the stoppage of work.
Spirituous Liquors.
30. The contractor shall not permit, allow, or encourage the sale of any
spirituous liquors on or near the works.
No Sundiiy labour.
31. Ne work whatever shall at any time or place be carried on during Sunday,
and the contractor shall take all necessary steps for preventing any foreman, or
agent, or men from working or employing others on that day.
Chief Engineer to be Arbitartor.
32. It is hereby agreed, that all matters of difference arising between the parties
hereto, upon any matter connected with or arising out of this contract, the decision
whereof is not hereby especially given to the engineer, shall be referred to the
award and arbitration of the chief engineer for the time being, having control over
the works, and the award of such Engineer shall be final and conclusive; and it is
hereby declared that such award shall be a condition precedent to the right of the
•contractor to receive or  be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly declared that no implied contract of any kind whatsoever, by
or on behalf of Her Majesty, shall arise or be implied f i:Bm anything in this contract
contained, or from any position or situation of the parties at any time, it being
clearly understood and agreed that the express contracts, covenants and agreements
■herein contained and made by Her Majesty, are and shall be the only contracts,
covenants and agreements upon which any rights against Her Majesty are to be
founded.
34. This contract is hereby, pursuant to the provisions of the 8th section of the
Statute, 4lst Yictoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming advisable, in the interests of the public, to
•suspond the work hereby contracted for, or any portion thereof, at any time before
its completion, and to put an end to this contract, the Minister for the time being
shall have full power to stop the work and to cancel this contract, on giving due
notice to that effect to the contractor. The contractor, however, will be entitled to
receive payment for all sums then due for work already done, materials used or
deliverod, or ready to be used, or in course of preparation, together with such reasonable compensation as will cover all bond fide damages, if any, resulting therefrom,
and as may then be agreed upon; or, in ease of disagreement, as may be determined
-by tho Official Arbitrators of the Dominion of Canada; it being understood, however 35
iihat no compensation will be allowed to or claimed by the contractor for materials
procured for the works, after the date of the service of the notice above referred to,
or for any loss of anticipated profits, either in respect of the works so suspended, as
aforesaid, or of the materials then procured for said works.
In Witness whereof, the contractor hath hereto set his hand and seal, and these
pre<=onts have been signed and sealed by the said Minister, and countersigned by the
•Secretary of the Department of Railways and Canals, on behalf of Her Majesty.
Signed,   sealed   and   delivered   by
the contractor, in presence of
(Signed)       H. A. Fissiaoxt
-Signed,   sealed   and   delivered   by ~\ (Signed) CHARLES TUPPER,
the Minister, and countersigned I Minister of Railways and Canals.
{£..   by the Secretary,' in presence of j (Signed) F. ERAUN,
(Signed)       H. A. Fissiaplt. J Secretary.              [L.S.]
(Signed)   ANDREW ONDERDONK.. [L.S.]
SURETIES' INDENTURE.
This Indentubb, made the twenty-third day of December, one thousand eight hundred and seventy-nine, between DUNCAN MACDONALD, ofthe city of Montreal,
in the Province of Quebec, contractor, and ANGUS PETER MACDONALD, ofthe
same place, contractor, hereinafter called " The Sureties," of the first part, and
Her Majesty Queen Victoria, of the second part.
WITNESSETH that the sureties hereby for themselves, and each of them,their and
each of their heirs, executors and administrators, jointly and severally, covenant with
Her Majesty and Her successors, that the contractor named in the hereunto annexed
Indenture, his executors^and administrators, shall and will from time to time, and at
all times, well and truly perform, keep and abide by all and singular the covenants,
agreements and conditions in said Indenture contained, and on his part to be performed, kept and abided by. And the sureties, further, covenant and agree with Her
(Majesty and Her successors, that all the rights, privileges and powers which may, by
virtue of the said Indenture, be exercised by or on behalf of Her Majesty, or by the
[Engineer or Engineers, or other persons mentioned in said Indenture, may be so
exercised without notice to the said sureties, and withoat in any way releasing or
[interfering with the liability ofthe sureties under their covenants herein contained.
In witness whereof, the parties hereto have hereunto set their hands and seals.
(Signed)       DUNCAN MACDONALD.    [L.S.]
(Signed)       A. P. MACDONALD. [L.S.]
Signed, sealed and delivered
in presence of
[Signed)    H. A. Fissiault.
19—3J $
m
This Indenture made the tenth day of February, one thousand eight hundrect;
and eighty, between PATRICK PUROELL, of Williamstown, HUGH KYAN,ofTerth,.
JAMES GOODWIN of Ottawa, in the Province of Ontario, and JAM.Jib IN. bM.HJ±,
of Brooklyn, in the State of New York, one of the United States of North America,.
on together the business of contractors as partners under the name, style,
and firm of | Ryan, Goodwin & Co ," hereafter called " the Contractors " of the-first
part and Her Majesty Queen Victoria represented herein by the Minister of Railways and Canals, of the second part, WITNESSETH,  that in consideration ofthe-
covenants and agreements on the part of Her Majesty hereinafter contained, the contractors convenant and agree with Her Majesty as follows :
Work.
1. In this contract the word ''work" or
quire a different meaning, mean the
thin
Engineer.
works " shall, unless the context re-
whole of ths work and the materials, matters and
lgs required to be done, furnished and performed by the contractors under this
tract.    The word " engineer," shall mean  tho chief engineer for the time being
having control over the work, and shall extend to and include any of his assistants
acting under his instructions, and all  instructions or directions, or certificates given
or decisions made by any one acting for the  chief engineer, shall be subject to his
approval, and may be cancelled, altered, modified and changed, as to him may see
fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and extend to the executors and administrators of the contractors, and shall extend to and
be binding upon the successors of Her Majesty, and wherever in this contract Her
Majesty is referred to, such reference shall include her successors, and wherever the
contractors are referred to, such reference shall include their executors and administrators.
Labor, Plant and Material.—Time for Completion.—Materials and Workmanship.
3. That the contractors will, at their own expense, provide all and every kind
of labor, machinery and other plant, materials, articles, and things whatsoever necessary for the due execution and completion of all and every the works set out or referred to in the general specifications hereunto annexed, dated 30th November 1878
and marked A, and set out or referred to in the plans and drawings prepared and to
be prepared for'the purposes ofthe work, and in 'accordance with the printed memorandum herewith annexed, marked B, and  will execute and fully complete the respective portions of such works, and deliver the same complete to Her Majesty, on or
before the thirtieth day of June, A.D. eighteen hundred  and eighty-four.    The said
work to be constructed of the best materials of their several kinds, and finished in the
best and most workmanlike manner, in the manner required by and in strict conformity with the said specifications and drawings which may from time to time be furnished (which said specifications and memorandum are hereby declared to be part of
this contract), and to the complete satisfaction ofthe chief engineer for the time being *
having control over the work. i
Omissions to be Made Good.
4. The aforesaid specification and memorandum, and the several parts of this!
contract shall be taken together, to explain each other, and to make the whole conj
sistent;andifitbefoundthat anything has been omitted or mis-stated which isl
necessary for the proper performance and completion of any part of the work con?
templatcd, the contractors will, at their own expense, execute the same as it had beerl 3f
properly described, and the decision of the engineer shall be final as to any snch error
or Omission, and the correction of any such error or omission, shall not be deemed to
be an addition to or deviation from the works hereby contracted for.
Engineer may Order Extra Work and Make Changes.
5. The chief engineer, with the sanction of the Minister, shall be at liberty at
any time, either before the commencement or during the construction of the works
•or any portion thereof, to order any work to be done, and to make any changes which
he may deem expedient in the grades, the width of cuttings and fillings, the dimensions, character, nature, location, or position ofthe works, or any part or parts thereof,
or in any other thing connected with the work, whether or not such changes
•diminish the work to be done, or the cost of doing the same, and the contractors shall
immediately comply with all written requisitions of the engineer in that behdf, but
the contractors shall not make any changes in or addition to, or omission, or deviation
from the works, unless directed by the engineer, and shall not be entitled to any payment for any change, addition, or deviation, unless such change, addition, omission,
•or deviation shall have been first directed in writing by the engineer, and notified to
the contractors in writing, nor unless the price to be paid for any additional work
shall have been previously fixed by the Minister in writing, and the decision of th»
engineer as to whether any such change or deviation increases or diminishes the cost
ofthe work, and as to the amount to be paid or deducted, as the case may be, in respect thereof, shall be final, and the obtaining of his certificate shall be a condition
precedent to the right of the contractors to be paid therefor. If any such change or
alteration constitutes, in the opinion ofthe said engineer, a deduction from the works,
his deoision as to the amount to be deducted on account thereof shall be final and
binding.
Changes shall not Invalidate Contract.
6. That aJl the clauses of this contract shall apply to any changes, additions, or deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations 01 variations shall annul or invalidate
this contract.
Limit of Expenditure under this Contract.
7. It being the intention that the cost ofthe work to be done under this contract
be limited to the sum of Two Millions Five Hundred and Seventy-three Thousand Six
Hundred and Forty Dollars, whichsumis to betaken as the maximum amount of this
contract, not to be exceeded; it is hereby specially agreed that should it, at any time
during the execution of the said work, appear from the cost of the work then performed, as compared with the value of the works still to be done, that such maximum
amount will be exceeded, whether by reason of additions, alterations, variations, for
any other cause whatsoever, the contractors will then be required to complete only
such portion ofthe works herein contemplated as will be indicated by the engineer,
with the view to limit the total expenditure under this contract to the maximum
above stated; and so soon as the said maximum amount will be expended, this contract will then be considered as ended, and the contractors will not thereafter be
entitled to continue the works under this contract, or to receive any farther payment
beyond the said maximum amount, unless the Minister should authorize and direct further expenditure; in which case, it is understood that the Minister will have tho right
(which is hereby expressly reserved) to direct that any works, which may then
remain to be done, shall be executed under this contract; and the contractors hereby
agree to execute tlie same at the rates or p.ices hereinafter mentioned, as if these
remaining works formed part of this contract. Provided also, that in case the said
works, on completion, by reason of alterations, variations, deviations, diminutions, r
38
omissions, or otherwise, should not amount to the total sum above mentioned, the
couu-ac oi-s will not be entitled to the payment of the differenco in cost, whatsoever-
the same may be. No compensation shall, in any case, be claimable by the contractors
for any loss of anticipated profits.
Engineer to be Sole Judge of Work, Material, &c.
8. That the engineer shall be the sole judge of work and material in respect of
both quantity and quality, and his decision on all questions in dispute with regard to
work or material, or as to the moaning or iutention of this contract, and the plans,
soecifications'and drawings shall be final, and no works or extra or additional works
or changes shall be deemed to have been executed, nor shall the contractors be
entitled to payment for the same, unless the same shall have been executed to the
satisfaction of the engineer, as evidenced by his certificate in writing, which certifi
cate shall be a condition precedent to the right of the contractors to be paid therefor
Schedule of Prices.
9. It is hereby distinctly understood and agreed, that the repective portions of
the works set out or referred to in the list or schedule of prices to be paid for the different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also all and every kind of work, labor, tools
and plant, materials, articles and things whatsoever necessary for the full execution
and completing ready for use of the repective portions of the works to the satisfaction of the engineer. And in case of dispute as to what work, labor, materials, tools-
and ttl-mi. are or are not so included, the decision ofthe engineer shall be final and
conclusive.
Foreman.
10. A competent foreman is to be kept on the ground by the contractors during
all the working hours, to receive the orders of the engineer, and should the person so-
appointed be deemed by the engineer incompetent, or conduct himself improperly,
he may be discharged by the engineer, and another shall at once be appointed in his
stead ; such foreman shall be considered as the lawful representative of the contractors, an<i shall have full power to carry out all requisition^ and instructions of the
■aid engineer.
Unsuitable Material or Imperfect Work.
11. In case any material, or other things, in the opinion of the engineer not in
accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for the respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the contractors to remove the same, and to provide proper material or
other things, or properly re-execute the work, as the case may be, and thereupon the
contractors,shall and will immediately comply with tho said requisition, and if twenty-
four hours shall elapse and buch requisition shall not have been complied with the-
engineer may cau.<e such material, or other things, or such work, to be removed-'and
in any such case the contractors shall pay to Her Majesty all such damages and
expense as shall be incurred in the removal of such material, materials or other-
things, or of such work; or Her Majesty may, in Her discretion, retain and deduct
auch damages and expenses from any amounts payable to the contractors
12. A
All Plant and Material to Become Property of Her Majesty.
11 machinery and other plant, materials and things wl
v    ., „ " i » — .vLiwu .dm Lint "> vviiacsoever timvinon
by the contractors for the works hereby contracted for, and not rejected under the
J 39
provisions ofthe last preceding clause, shall from the time of 1 heir being so provided
become, and until the final completion of the said works, shall be the property of Her
Majesty for the purposes of the said works, and the same shall on no account be taken
away, or used or disposed of except for the purposes of the said works, without the
consent in writing of the engineer, and Her Majesty shall not be answerable for any
loss or damage whatsoever which may happen to such machinery or other plant,
material or things, provided always that upon the completion ofthe works and upon
payment by the contractors of all such moneys, if any, as shall be due from them to
Her Majesty such ofthe said machinery and other plant, material and things as shall
not have been used and converted in the works, and shall remain undisposed of shall,
upon demand, be delivered up to the contractors.
Insufficient Machinery.—Material or Labour to be Increased.
13. If the engineer shall at any time consider the number of workmen, horses or
quantity of machinery or other plant, or the quantity of proper materials, respectively
employed or provided by the contractors on or for the said works, to be insufficient
for the advancement thereof towards completion within the limited times, or that the
works are, or some part thereof is not being carried on with due diligence, then in
every such case the said engineer may, by written notice to the contractors, require
them tp employ or provide such additional workmen, horses, machinery or other
plant or materials as the engineer may think necessary, and in case the contractors'
shall not thereupon, within three days, or such other longer period as may be fixed
by any such notice, in all respects comply therewith, then the engineer may, either
on behalf of Her Majesty, or if he see fit, may, as the agent of and on account of
the contractors, but in either case at tho expense of the contractors, provide and employ
such additional workmen, horses, machinery and other plant, or any thereof or such
additional and materials respectively, as he may think proper, and may pay such
additional workmen such wages, and for such additional horses, machinery or other
plant and materials respectively, such prices as he may think proper, and all such
wages and prices respectively shall thereupon at once be repaid by the contractors,
or the same may be retained and deducted out of any moneys at any time payable to
the contractors : and Her Majesty may use, in the execution or advancement ofthe
said work, not only the horses, machinery and other plant and materials so in any
case provided by anyone on Her behalf, but also all such a3 may have been or may be
provided by or on behalf of the said contractors.
Delay in Execution.— Work may be taken out of Contractors' Hands.
14. In case the contractors shall make default or delay in diligently continuing
to execute or advance the works to the satisfaction ofthe engineer, and such default
of delay shall continue for six days after notice in writing shall have been given by
the engineer to tho contractors requiring them to put an end to such default or
delay, or in case tne contractors shall become insolvent, or make an assignment for
the benefit of creditors, or neglect, either personally or by a skilful and competent
agent, to superintend the works, then in any of such cases Her Majesty may take the
work out of the contractors' hands and employ such means as She may see fit to
complete the work, and in such cases the contractors shall have no claim for any
further payments in respect ofthe works performed, but shall nevertheless remain
liable for all loss and damage which may be suffered by Her Majesty by reason of
Ithe non-completion by the contractors of the works; and all materials 4nd things
whatsoever, and all horsos, machinery and other plant provided by them for the purposes of the works, shall remain and be considered as the property of Her Majesty
for the purposes and according to the provisions of the said conditions contained
in the twelfth clause hereof.
L 40
Contractors to take Risk of all Loss or Damage.
15. The contractors shall bo at the risk of and shall bear all lo.ss or damage
whatsoeever, from whatsoever cause arising, which may occur to the works, or any
of them, until the same be fully and finally completed and delivered up to and accepted by the said Minister for the time being; and if any such loss or damage occur
before such final completion, delivery and acceptance, the contractors shall immediately, at their own expense, repair, restore and re-execute the work so damaged, so
that the whole works, or the rospective parts thereof, may be completed within the
time hereby limited.
Contractors to have-no Claim for Delay.
16. The contractors shall not have or make any claim or demand, or bring any
action or suit or petition against Her Majesty for any damage which they may
sustain by reason of any delay in the progress of the work, arising from the acts of
any of Her Majesty's agents, and it is agreed that in the event of any such delay the
contractors shall have such further time for the completion of the works as may be
fixed in that behalf by tho Minister for the time being.
Contractors not to make Assignment.— Work may be taken out of Contractors' Hands.
17. The contractors shall not make any assignment of this contract, or any sub"
contract, for the execution of any of the works hereby contracted for and in any
event no such assignment or sub-contract, even though consented to, shall exonerate
the contractors from liability, under this contract, for the due performance of all the
work hereby contracted for. In the event of any such assignment or sub-contract
being made, then the contractors shall not have.or make any claim or demand upon
Her Majesty for any future payments under this contract for any further or greater
sum or sums than tho sum or sums respectively at which the work or works so assigned
or sub-contracted for shall have been undertaken to be executed by the assignee or
sub-contractor; and in the event of any such assignment or sub contract being made
without such consent, Her Majesty may take the work out of the contractor's hands,
and employ such means as she may see fit to complete the same; and in such case
the conti actors shall have no claim for any further payment in respect of the works
performed, but shall nevertheless remain liable for all loss and damage which may be
suffered by H;r M ijesty by reason of the non completion by the contractors of the
works; and all materials and things whatsoever,and all horses, machinery and other
plant provided by them for the purposes of the Works, shall remain and be considered
as the property of Her Majesty for the purposes and according to the provisions and
conditions contained in the twelfth clause hereof.
18. Time shall be deemed to be of the essence of this contract.
Contractors Responsible for Damage.
19. The contractors shall be responsible for all damages claimable by any person
©incorporation whatsoever, in respect of any injury to persons or to lands, buildings,
shipsor other property, or in respect of any infringement oi any right whatsoever
occasioned by the performance ofthe said works, or by any neglect or misfeasance
or non-misfeasance on their part, and shall and will at their own expense, make such
temporary provisions as may be necessary for the protection of persona, or of lands,
buildings, ships or other property, or for the uninterrupted enjoyment of all rights
of persons or corporations, in and during the performance of the said works.
Failing to pay Salari
es or
Wages.
20.
If the contractors fail at any time in paying th
e salaries or wages of any
person employed by them upon or in respect of the said  works, or any of them, 41
any part of such salary be one month in arrear, or if there be due to any such person
one months wages or salary, the engineer may notify the contractors to pay such
salary or wages, and if two days elapse and the same be not paid in full up to the
date of payment or to such other date as may be in accordance with the terms of
employment of such person, then Her Majesty may pay to such person salary or
wages from any date to any date, and to any amount which may be payable, and
may charge the same to the contractors, and the contractors covenant with Her
Majesty to repay at once anv and every sum so paid.
Stakes and Marks to be Protected..
21. The contractors will protect and will not remove or destroy or permit to be
removed or destroyed, the stakes, buoys and other marks placed on or about the
said works by the engineers ofthe works, and shall furnish the necessary assistance
to correct or replace any stake or mark which through any cause may have been removed or destroyed.
Contractors' Address.
22. Any notice or other communication mentioned in this contract to be notified
or given to the contractors shall be deemed to be well and sufficiently notified or
given, if the same be left at the contractors' office or mailed in any post office, to the
contractors or foreman, addressed to the address.mentioned in this contract, or to the
contractors last known place of business.
Schedule of Prices.
23. And Her Majesty, in consideration of the premises, hereby covenants with
the contractors, that they will be paid for and in respect of the works hereby contracted for, and in tho manner set out in the next clause hereof the several prices or
sums following, viz:
SCHEDULE  OF QUANTITIES AND PRTCES.
4001 Acres
10,     do
10      do
10,000 L. feet
200,000 U.yard
300,000      do   '
3,000,0001     do
2,000 L. feet
Clearing
[Close cutting.
Grubbing
Fencing   	
Solid rock excavation	
Loose rock excavation ■_ •
lEarth excHVitii.n (including that described in
Clause 13 of Specification) 	
jUnder-drains •
iTuhnelling (See clause 32 of Specification).
do
per 1. ft.
180 00
0 75
0 30
0 40
Say 600
100
600
do
do
do
" L;ne tunnels" 	
," I'-wvlve feet—stream tunnels",
i" Six feet—stream tunnels"	
do
120 00 i
do
50 00 1
do
20 00 '
10,000 00
300 00
1,000 00
600 00
360,000 00
220,000 00
900,000 00
800 00
72,000 00
5.000 00
10,000 00 42
SCHEDULE OF QUANTITIES AND PRICES—Continued.
25,000 0. yards Bridge masonry _ perc. yd
10,000      do      Culvert masonry       do
.^,000     do      Dry masonry (retaining walls, etc.)      do
1,000;     do       Paving      do
1,000      do       Concrete      do
30,000      do       Rip-rap      do
600 L. feet Cast iron pipes, 3 ft. diameter inside, 1 in. thick,
laid in concrete (the concrete not included in this item) per'. ft.
1,000|C. yards Hand-laying rock embankments,  where slopes
|       are steeper than 1 to 1 (labour only)  per c. yd.
Timber bridge superstructure, 150 ft. clear per span
11
No.
1
do
34I
do
ll
do
ll
1
1
do
1
200:
L. fret 1
2,00u|
do
200,
do
200^
do
10,000;
do
10,000:
do
3,000
do
10,000 Ft. B.M.
1,000
Lbs.
loo
do
T5,000
No.
3,000'
Tons
30
Miles
00,000
0. yards
20
No.
2
do
do
do
do
do
do
125
do
do
100
do
do
60
do
do
40
do
do
do
do
do
(See clauses 42 and 43 of Specification)
Timber, best quality, for beam culverts. &c :
lift. X 16 ft perl. ft.
12 It. X 12 ft ».      do
8 ft. X 16 ft t       do
8 ft  X 12 ft       do
Other dimensions of timber (if required to
be used) at proportionate prices.
Piles driven iSee clause 40 of Specification)       do
Round t mber for crib-wharfing, &c , not less
than 12 in. diameter           do
Flatted timber in road diversion culverts, 12 in.
thick       do
Plank    „   per M.
Wrought iron  per lb.
Cast iron      do
Ties   each.
Carriage of rails and fastenings from lower end
of section, including all handling per ton.
Tracklaying  , per mile
Ballasting  perc. yd
Setting points and crossings..    each.
Public roai level crossings, comprising timber
I cattle-guards, planking, small timber cul-
!       verts under approaches, and notice-boards,
'       complete        do
To cover work which possibly may be required
under clauses 18, 43 and 91 of General Specification, short quantities and contingencies
—add, say, $250,000 ;  „ !
Total
$   cts.
12 00
8 00
30 00
0 50
5,800 00
4,20) 00
3,000 00
1,M)0 00
1,000 00
0 60
0 45
0 40
0 30
0 50
0 30
0 25
30 00
0 30
1 00
250 00
0 40
40 00
150 00
Amount.
$    ets.
300,000 00
80,000 00
75,000 00
2,500 00-
7,000 00
60,000 0O
500 09
5,800 00
4,200 00
102,000 00
1,500 0»
1,000 00-
120 0»
900 00
80 00
60 00
5,000 00-
3,000 0O
750 00
300 00-
120 00
10 00
22,500 00
3,000 0&
7,500 0O
40,000 00
800 00
300 00
250,000 0O
2,573,640 00
*Note. -Some of the quantities printed in this column are estimated from preliminaiy locatioa
measurements, and may be considered roughly approximate; other items are simply conjectured and
are placed herein for the purpose of obtaining rates. WM ■43
Payments.
24. Cash payments equal to about ninety per cent, of the value of the work done,
approximately made up from returns of progress measurements and computed at the
prices agreed upon or determined under the provisions of this contract, will be made
to tho contractors monthly on the written certificate of the engineer that the work
for or on account of which the certificate is granted, has been duly executed to his
satisfaction, and stating the value of such work computed as above mentioned—and
upon approval of such certificate by the Minister, for the time being, and the said
certificate and such approval thereof shall be a condition precedent to the right of the
contractors to be paid the said ninety per cent, or any part thereof. The remaining
ten per cent, shall be retained until the final completion of the whole work to the
satisfaction of the Chief Engineer for the time being, having control over the work,
and wjthin two months after such completion the remaining ton per cent, will
be paid. And it is hereby declared that the written certificate of the said engineer-
certifying to the final completion of said works to his satisfaction shall be a a condition precedent to the right of the contractors to receive or be paid the said remaining
'ten per cent., or any part thereof.
Monthly Estimates.
25. It is intended that every allowance to which the contractors are fairly
entitled will be embraced in the engineer's monthly certificates; but should the contractors at any timo have claims of any description which they consider are not
included in the progress certificates, it will be necessary for them to make and
repeat such claims in writing to the engineer, within fourteen days after the date of
each and every certificate in which they allege such claims to have been omitted.
Claims by Contractors.
26. The contractors, in presenting claims of the kind referred to in the
last clause, must accompany them with satisfactory evidence of their accuracy, and
the reason why they think they should be allowed. Unless such claims are
thus made during the progress of the work, within fourteen days, as in the preceding
clause, and repeated, in writing, every month, until finslly adjusted or rejected,
it must be clearly understood that they shall be forever shut out, and the contractors
shall have no claim on Her Majesty in respect thereof.
Progress Measurements.
2Y. The progress measurements and progress certificates shall not in any respect
be taken as an acceptance of the work or release of the contractors from responsibility
in respect thereof, but they shall at the conclusion of the work deliver over
the same in good order, according to the true intent and meaning of this contract.
Operations may be Suspended—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
any particular point or points or upon the whole of the works, and in the event of such
right being exercised so as to cause any delay to the contractors, then an extension
of time equakto such delay or detention, to be fixed by the Minister as above provided for, shall be allowed them to complete the contract, but no such delay shall
vitiate or avoid this contract or any part thereof or the obligation hereby imposed or
any concurrent or other Bond or Security for the performance of this contract, nor
shall the contractors be entitled to any claim for damages by reason of any such suspension of operations. And at any time after operations have been suspended either
in whole or part—such operations may be again resumed and again suspended, and 44
resumed, as Her Majesty may think proper. And upon the contractors receiving
written notice on behalf of Her Majesty that the suspended operations are to be
resumed, the contractors shall at once resume the operations and diligently carry on
"the same.
Appropriation by Parliament.
. 29. Should the amount now voted by Parliament and applicable towards payment for the work hereby contracted for, be at any time expended previous to the
completion ofthe works, the Minister for the time being may five the contractors
written notice to that effect. And upon receiving such notice the contractors may,
if they think fit, stop the work—but in any case shall not be entitled to any payment
for work done, beyond tho amount voted and applicable as aforesaid -unless and
until the necessary funds shall have been voted by Parliament in that behalf. And
in no event shall the contractors have or make any claim upon Her Majesty for any
■damages or compensation by reason ofthe said suspension of payment, or by reason
of any delay or loss caused by the stoppage of work.
Spirituous Liquors.
30. The contractors shall not permit, allow, or encourage the sale of any
Spirituous liquors on or near the works.
No Sunday Labour.
31. No work whatever shall at any time or place be carried on during Sunday,
and the contractors shall take all necessary stops for preventing any foreman, or
agent, or men from working or employing others on that day.
Chief Engineer to be Arbitrator.
32. It is hereby agreed that all matters of difference arising between th°
parties hereto upon any matter connected with or arising out of this contract, th9
decision whereof is not hereby especially given to the engineer.—Sh ill ba referred t°
the award and arbitration of the Chief Engineer for the time being having control
ovor the works,and the award of such engineer shall be final and c <nclu4ve; and it
is heroby declared that such award shall be a condition precedent to the fight of the
contractors to receive or be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly1 declared that no implied contract of any kind whatsoever, by
or on behalf of Ilor Majesty, shall arise or be implied from anything in this contract
contained, or from any position or situation of the parties at any time, it being
clearly understood and agreed upon that the express contracts, covenants and agreements herein contained and made by Her Maj-sty, are and shall be the only
contracts, covenants and agreements upon which any rights against Eer are to be
founded.
31. This contract is hereby, pursuant to the provisions of the 8th section of the
Statute, list Victoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming advisable in the interests of the public to suspend'
the work hereby contracted for, or any portion thereof, at anv time before its completion, and t" put an end to this contract, the Minister for the timo b^ing shall have
full power to stop the work and to cancel this contract, on giving d 10 notice to that- 45
effect to the contractors. The contractors, however, will be entitled to receive payment for all sums then due for work already done, materials used or delivered, or
ready to be used, or in course of preparation, together with such reasonable compensation as will cover all bond fide damages, if any, resulting therefrom, and as may
then be agreed upon ; or, in case of disagreement, as may be determined by the
Official Arbitrators of the Dominion of Canada; it being understood, however, that
no compensation will be allowed to or claimed by the contractors for materials
procured- for the works, after the date of the service of the notice above referred to,.
or for any loss of anticipated profits, either in respect of the works so suspended as-
aforesaid, or of the materials then procured for said works.
In Witness whereof, the contractors have hereto set their hands and seals and
these presents have been signed and sealed by the said Minister, and countersigned
by the Secretary of the Department of Eailways and Canals, on behalf of ILev
Majesty.
Signed,  sealed  and delivered  by the    ")
contractors in presence of
(Signed)        P. H. Ennis,
as to signature " Patricjc Purcell,"
per H. Eyan,
and in presence of
(Signed)        H A.. Fissiault,
by " Hugh Eyan," " James Goodwin,'
and " James N. Smith,
per James Goodwin, his Attorney."
Signed, sealed  and delivered  by the
Minister, and countersigned by the
Secretary in the presence of
(Signed)        H. A. Fissiault.
[L.S.]
(Signed)
PATEICK PUECELL
per H. Eyan.
HUGH EYAN, [L.S.]
JAMES GOODWIN, [L.S.]
JAMES N. SMITH, [L.S]
per JAMES GOODWIN,
his Attorney.
(Signed) CHAELES TUPPEE,
Minister of Eailways and Canals.
(Signed) F. BEAUN,
Secretary. [L.S.]
SUEETIES' INDENTUEE.
This Indenture, made the tenth day of February, one thousand eight hundred and
eighty, between EDWAED GEIFFIN, Gentleman, and ALEXANDEE MOE-
TIMEE, Bookbinder, both of the City of Ottawa, in the Province of Ontario,
hereinafter called " The Sureties," of the first part, and Her Majesty Queen-
Yictoria, of the second part.
WITNESSETH, that the sureties hereby for themselves, and each of them, their-
and each of their heirs, executors and administrators, jointly and severally, covenant
with Her Majesty and Her Successors, that the contractors named in the hereunto
annexed Indenture, their executors and administrators, shall and will from time to
time, and at all times, well and truly perform, keep and abido by all and singular the
covenants, agreements and conditions in said Indenture contained, and on their part
to be pei'fo'aned, kept and abided by. And the sureties, further, covenant and agree
with Her Majesty and Her Successors, that all the rights, privileges and powers
which may, by virtue of the said Indenture, be exercised by or on behalf of
Her Majesty, or by the engineer or engineers, or other persons mentioned in
said Indenture, may be so exercised without notice to the said sureties, and without,
in any way releasing or interfering with the liability of the sureties under
their covenants herein contained.
In witness whereof, the parties hereto have hereunto set their hands and seals-
Signed, sealed and delivered        f (Signed) EDWAED GEIFFIN.    [Seal.
in presence of -j
(Signed) F. H- Ennis.        ((Signed)
A. MOETIMEE.
[Seal.] 46
This Indenture, made tho twenty third day of December, one thousand eight hundred
and seventy-nine, between ANDEEW ONDEEDONK, of San Francisco, in the
State of California, one of the United States of North America, Contractor
and Civil Engineer, hereafter called " the Contractor." of the first part,
and Her Majesty Queen Victoria, represented herein by the Minister of
Eailways and Canals, of the second part, WITNESSETH, that in consideration
of the covenants and agreements on the part of Her Majesty hereinafter contained, the contractor covenants and agrees with Her Majesty as follows : —
Work.—Engineer.
1. In this contract the word "work" or "works" shall, unless the context
require a different meaning, mean the whole of the work and the materials, matters
and things required to be done, furnished and performed by the contractor under this
contract. The word " engineer" shall mean the chief engineer for the time being
having control over the work, and shall extend to and include any of his assistants
acting under his instructions, and all instructions or directions, or certificates given,
or decisions made by any one acting for the chief engineer, shall be subject to his
approval, and may be cancelled, altered, modified and changed, as to him may seem
fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and extend
to the executors and administrators of the contractor, and shall extend to and be binding upon the successors of Her Majesty, and wherever in this contract Her Majesty
is referred to, such reference shall include her successors, and wherever the contractor
is referred to, such reference shall include his executors and administrators.
> Labour, Plant and Material.—Time for Completion.
3 That the contractor will; at his own expense, provide all and every kind of
•labour, machinery and other plant, materials, articles and things whatsoever necessary
for the due execution and completion of all and every the works set out or referred
to in the general specifications hereunto annexed, dated 30th November, 1878, and
marked A, and set out or referred to in the plans and drawings prepared and to be
prepared for the purposes of the work, and in accordance With the printed memorandum herewith annexed, marked B, and will execute and fully complete the respective portions of such works and deliver the same complete to Her Majesty, on or
before the thirty-first day of December, A.D. one thousand eight hundred and
eighty-four.
Materials^ and Workmanship.
The said work to be constructed of the best materials of their several kinds, and
finished in the best and most workmanlike manner, in the manner required by and in
strict conformity with the said specifications and drawings which may from time to
time be furnished (which said specifications are hereby declared to be part of this
•contract), and to the complete satisfaction ofthe chief engineer for the time being
having control over the work. to
Omissions to be Made Good.
4. The aforesaid specification and memorandum and the several parts of this
contract shall be taken together, to explain each other, and lo make the whole
consistent; and if it be found that anything has been omitted or mis-stated which is
necessary for the proper performance and completion of any part of the work con-
J een
47
templated, the contractor will, at his own expense, execute the same as if it had fL
properh described, and the decision ofthe engineer shall be final as to any sut-h error
■or omission, and the correction of any such error or omission shall not be deemed to
be an addition to or deviation from tho works hereby contracted for.
Engineer may order Extra Work and Make Changes.
5. The chief engineer, with the sanction ofthe Minister of Eailways and Canals,
shall be at liberty, at any time, either before the commencement or during the construction ofthe works or any portion thereof, to order any work to be done, and to
make any changes which ho may deem expedient in tho grades, the width of cuttings
*nd fillings, the-dimensions, character, nature, location or position of the works, or
any part or parts thereof, or in any other thing connected with the works, whether,
or not, such changes diminish the work to be done, or the cost of doing the same, and
the contractor shall immediately comply with all written requisitions of tho engineer
in that behalf, but the contractor shall not make any change in or addition to, or
•omission, or deviation from the works, unless directed by the engineer, and shall not
be entitled to any payment for any change, addition or deviation, unless such change,
addition, omission or deviation shall have been first directed in writing by the
engineer, and notified to the contractor in writing, nor unless the price to be paid for
any additional work, shall have been previously fixed by the Minister in writing,
and the decision of the engineer as to whether any such change or deviation increases
or diminishes the cost of the work, and as to the amount to be paid or deducted as
the case may be in respect thereof, shall be final, and the obtaining of his certificate
shall be a condition precedent to the right ofthe contractor to be paid thorefor. If'
any such change or alteration constitutes, in the opinion of the said engineer, a
deduction from the works, his decision as to the amount to bo deducted on account
thereof, shall be final and binding.
Changes shall not Invalidate Contract.
6. That all the clauses of this contract shall apply to any changes, additions or •
deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations or variations shall annul or invalidate
this contract.
Limit of Expenditure under this Contract.
7. It being the intention that the cost ofthe work to be done under this contract
be limited to the sum of Two Millions Fifty-six Thousand Nine Hundred and Fifty Dollars, lawful money of Canada, which sum is to be* taken as the maximum amount of this
• contract, not to be exceeded; it is hereby specially agreed that should it, at any time
during the execution of the said work, appear from the cost ofthe work then
performed, as compared with the value of the works still to be done, that such
maximum amount will be exceeded, whether by reason of additions, alterations,
variations, for any other cause whatsoever, the contractor will then be required to complete only such portion of the works herein contemplated as will be indicated by the
engineer, with the view to limit the total expenditure under this contract to the
maximum above stated; and so soon as the said maximum amount will be expended,
this contract will then be considered as ended, and the contractor will not thereafter
be entitled to continue the works under this contract, or to receive any further
payment beyond the said maximum amount, unless the Minister should authorize and
•direct further expenditure; in which case, it is understood that the Minister will have
the right (which is hereby expressly reserved) to direct that any works, which may
then remain to be done, shall be executed under this contract; and the contractor
hereby agrees 1o execute the same at the rates or prices hereinafter mentioned, as if
these remaining works formed part of this contract.   Provided also, that in case the 48
.aid works .on completion, by reason of alterations, variations, deviations, diminutions^
wm,7 m- otherwise   should  not-amount to the total sum above mentioned, the
Sector will not be entitled to the payment of the difference in cost   whatsoever
the same may be.    No compensation shall, in any case, be claimable by the contractoi-
for any loss of anticipated profits.
Engineer to be sole judge of Work, Material, &c.
8. That the engineer shall be the  sole judge of work and material in respec
h quantity and quality, and his decision on all questions in dispute with regart
intention of this contract
in respect of
d to ■
ana the plans,
both quantity _
work or material, or as to the meaning on
specifications and drawings shall be final, and no works or extra or additional works
■     o-es shall be deemed to have  been  executed, nor shall the contractor  be
shall  have been executed   to the
h certificate1
or changes shall be deemed to nave oeen exeouieu, uur euan mo ^.u.
entitled to payment for the same, unless tho same shall have been execut
satisfaction of the engineer, as evidenced by his certificate in writing, which
shall be a condition precedent to the right of the contractor to be paid thei
efor.
Schedule of Prices.
9 It is hereby distinctly understood and agreed, that the respective portions of
the works set out or referred to in the list or Schedule of Prices to be paid for the
different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also alt and every kind of work, labor, tools,,
and plant, materials, articles and things whatsover necessary for the full execution
and completing ready for use of the respective portions of the works to the satisfaction ofthe engineer. And in case of dispute as to what work, labor, materials,
tools and plant are or are not so included, the decision ofthe engineer shall be final
and conclusive.
Foreman.
10. A competent foreman is to be kept on the ground by the contractor during
all the working hours, to receive the orders ofthe engineer, and should the person
so appointed be deemed by the engineer incompetent, or conduct himself improperly,
he may be discharged by the engineer, and another shall at once be appointed in his
stead • such foreman shall be considered as the lawful representative of the contractor and shall have full power to carry out all requisitions and instructions of
the said engineer.
Unsuitable Material or Imperfect Work.
11. In case any material, or other things in the opinion ofthe engineer not in
accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for the respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the contractor to remove the same, and to provide proper material or
other things, or properly re-oxecute the work, as tbe case may bo, and thereupon
the contractor shall and will immediately comply with the said requisition, and if
twenty-four hours shall elapse and such requisition shall not have been complied
with, the Engineer may cause such material, or other things, or such work, to bo
removed; and in any such case the contractor shall pay to Her Majesty all such
damages and expenses as shall be incurred in the removal of such material, materials,,
or other things, or of such work; or Her Majesty may, in Her discretion, retain and
deduct such damages and expenses from any amounts payable to the contractor.
All Plant and Material to become Property of Her Majesty.
12. All machinery and other plant, materials and things whatsoever, provided
by the contractor for the works hereby contracted for, and  not rejected under th»= 49
provisions ofthe last preceding clause, shall from the time of their being so provided
become, and until the final completion of the said works, shall be the property of
Her Majesty for the purposes of the said works, and the same shall on no
account be taken away, or used or disposed of except for the purposes of the said
works, without the consent in writing of the Engineer, and Her Majesty shall not be
answerable for any loss or damage whatsoever which may happen to such machinery
or other plant, material or things, provided always that upon the completion of the
works and upon payment by the contractor of all such moneys, if any, as shall be
due from him to Her Majesty, such of the said machinery and other plant, material
and things as shall not have been used and converted in the works, and shall remain
undisposed of, shall, upon demand, be delivered up to the contractor.
Insufficient Machinery.—Material or Labor to be Increased.
13. If the Engineer at any time shall consider the number of workmen, horses,
or quantity of machinery or other plant, or the quantity of proper materials, respectively, employed or provided by the contractor on or for the said works, to be
insufficient for the advancement thereof towards completion within the limited times,
or that the works are, or some part thereof is not being carried on with due diligence,
then in every such case the said Engineer may, by written notice to the contractor,
require him. to employ or provide such additional workmen, horses, machinery or
other plant, or materials, as the Engineer may think necessary, and in case the
contractor shall not thereupon within three days, or such other longer period as may
be fixed by any such notice, in all respects comply therewith, then the Engineer
may, either on behalf of Her Majesty, or if he see fit, may, as the agent of and on
ascount ofthe contractor, but in either case at the expense of the contractor, provide
and employ such additional workmen, horses, machinery and other plant, or any
thereof or such additional and materials respectively, as he may think proper, and
may pay such additional workmen such wages, and for such additional horses,
machinery or other plant and materials, respectively, such prices as he may think
proper, and all such wages and prices, respectively, shall thereupon at once be repaid
by the contractor, or the same may be retained and deducted out of any moneys at
any time payable to the contractor; and Her Majesty may use, in the execution or
advancement of the said work, not only the horses, machinery and other plant and
materials so in any case provided by anyone on Her behalf, but also all such as
may have been or may be provided by or on behalf of the said contractor.
Delay in Execution.—Work may be taken out of Contractor's Hands.
14. In case the contractor shall make default or delay in diligently continuing i
to execute or advance the works to the satisfaction of the Engineer, and such default
or delay shall continue for six days after notice in writing shall have been given by
the Engineer to the contractor requiring him to put an end to such default or delay,
or in case the contractor shall become insolvent, or make an assignment for the
benefit of creditors, or negleet either personalty or by a skilful and competent agent
■to superintend the works, then in any of such cases Her Majesty maytake the work
out ofthe contractor's hands and employ such means as she may see fit to complete
the work, and in such cases the contractor shall have no claim, for any further
payment in respect of the works performed, but shall nevertheless remain liable
for all loss and damage which may be suffered by Her Majesty by reason of the
non-completion by the contractor of the works, and all materials and things whatsoever, and all horses, machinery, and other plant provided by him for the purposes
ofthe works, shall remain and be considered as the property of Ilcr Majesty tor the
purposes and according to the provisions and conditions contained in the twelltn
clause hereof.
19—4
L 50
Contractor to take risk of all loss or damage.
15. The contractor shall be at the risk of, and shall bear all loss or damage whatsoever, from whatsoever'cause arising, which may occur to the works, or any of them,
until the same be fully and finally completed and delivered up to and accepted by the
said Minister for the time being, and if any such loss or damage occur before such
final completion, delivery and acceptance, the contractor shall immediately, at his
own expense, repair, restore and re-execute the work so damaged, so that the whole
works, or the respective parts thereof, may be completed within the time hereby
limited.
Contractor to have no Claim for delay.
16. The contractor shall not have or make any claim or demand, or bring any
action or suit or petition against Her Majesty for any damage which he may sustain
by reason of any delay in the progress of the work, arising from the acts of any of
Her Majesty's agents, and it is agreed that in the event of any such delay, the contractors shall have such further time for the completion of the works as may be
fixed in that behalf by the Minister for the time being.
Contractor not to make assignment.— Work may be taken out of Contractor's hands.
17. The contractor shall not make any assignment of this contract, or any subcontract, for the execution of any of the works hereby contracted for, and in any
event no such assignment or sub-contract, even though consented to, shall exonerate
the contractor from liability under this contract, for the due performance of all the
work hereby contracted for. In the event of any such assignment or sub-contract
being made, then the contractor shall not have or make any claim or demand upon
Her Majesty for any future payments under this contract for any further or greater
sum or sums than the sum or sums respectively at which the work or works so
assigned or sub-contracted for shall have been undertaken to be executed by the
assignee or sub-contractor, and in the event of any such assignment or sub-contract
being made without such consent, Her Majesty may take the work out of
the contractor's hands, and employ such means as she may see fit to complete the
same, and in such case the contractor shall have no claim for any further payment
in respect of the works performed, but shall nevertheless remain liable for all loss
and damage which may be suffered by Her Majesty by reason of the non-completion
by the contractor of the works, and all materials and all things whatsoever and all
horses, machinery, and other plant provided by him for the purposes of the works
shall remain and be considered as the property of Her Majesty for the purposes, and
according to the provisions and conditions contained in the twelfth clause hereof.
18. Time shall be deemed to be ofthe essence of this contract.
Contractors responsible for damage.
19. The contractor shall be responsible for all damages claimable by any person
or corporation whatsoever, in respect of any injury to persons or to lands, buildings
ships, or other property, or in respect of any infringement  of any right whatsoever'
occasioned by the performance of the said works, or by any neglect or misfeasance
or non-misfeasance on his part, and shall and will at his  own expense make such ■
temporary provisions as may be necessary for the protection of persons,'or of lands
buildings, ships, or other property, or for the uninterrupted enjoyment of all rights'
of persons or corporations in and during the performance of the said works.
Failing to pay salaries or wages.
20. If the contractor fail at any time in paying the salaries or wao-es of any
person employed by him upon or in respect of the said works, or any of them, and * 51
any part of such salary be one month in arrear, or if there be due to any such person
one month's wages or salary, the Engineer may notify the contractor to pay such
salary or wages, and if two days elapse and the same be not paid in full up to the
date of payment, or to such other date as may be in accordance with the terms of
employment of such person, then Her Majesty .may pay to such person salary or
wages from any date to any date, and to any amount which may be payable, and may
charge the same to the contractor, and the contractor convenants with Her Majesty
to repay at once any and every sum so paid.
Stakes and marks to be protected.
21. The contractor will protect and will not remove or destroy or permit to be
removed or destroyed, the stakes, buoys, and other marks placed on or about the said
works by the Engineers of the works, and shall furnish the necessary assistance to
correct or replace any stake or mark which through any cause may have been removed or destroyed.
Contractor's address. -
22. Any notice or other communication mentioned in this contract to be notified or
given to the contractors, shall be deemed to be well and sufficiently notified or given,,
if the same be left at the contractor's office or mailed in any post office, to the contractor or foreman, addressed to the address mentioned in the contract, or to the contractor's last known place of business.
Schedule of prices.
23. And Her Majesty, in consideration of the premises, hereby convenants with
the contractor, and he will be paid for, and in respect of the works hereby contracted
for, and in the manner set out in the next clause hereof the several prices or sums
following, viz.,:
SCHEDULE OF QUANTITIES AND PEICES.
200
101
10
10,000
200,000;
100,000:
2,500,000!
Acres
do
do
L. feet
C. yards
do
do
2,000 L. feet
Say 400
15,000
10,000
30,000
1,000
1,000
20,000
19
do
Clearing per acre
Blose cutting      do
Grubbing j      do
Fencing   per 1. ft.
Solid rock excavation perc. yd.
Loose rock excavation          do
Earth excavation (including that described in
clause 12 of Specification)      do
Under-drains perl. ft.
[Tunnelling (See clause 32 of Specification).
I "Line Tunnels"       do
0. yards|Bridge masonry perc.yd
do    (Culvert masonry |      do
do
do
do
do
do
-4i
iry masonry (retaining-walls, etc)  do
faring  <jo
Concrete ■»•«  do
litijHrap*.  do
40 00
8,000 00
50 00
500 00
100 00
1,000 00
0 05
500 00
1 60
320,000 00
© 80
80,000 00
0 30
750,000 00
1   0 40
i
800 00
105 00
42,000 00
12 00
180,000 00
7 00
70,000 0C
4 00
120,000 00
3 00
3,000 00
6 00
6,000 00
2 00
40,080 00 52
SCHEDULE OF QUANTITIES AND PEICES-
-Continued.
'Approximate
Quantities.
500
1,000
L. feet
C, yards
2'No.
19
1
2
1
1
1,000
5,000
1,000
1,000
10,000
10,000
10,000
20,000
3,000
600
75,000
3,000
30
100,000
20
7
do
do
do
do
do
L. feet
do
do
do
do
do
do
F. B.M.
Lbs.
do
No.
Tons.
Miles
C. yards
No.
do
Description of "Work.
Oast-iron pipes, 3ft. diameter inside, lin. thick,
laid in concrete (the concrete not included
in this item) perl. ft.
Hand-laying rock embankments, where slopes
are steeper than 1 to 1 (labour only) per c. yd.
Timber bridge superstructure, 150 ft. clear per span
do
do
do
do
do
do
do
do
do
do
100
60
50
40
30
do
do
do
do
do
do
do
do
do
do
Bates,
(See clauses 42 and 43 of Specification.)
Timber, best quality, for beam-culverts, &c.:
12 ft. x 16 ft perl.ft.
12 ft. x 12 ft       do
8 ft. x 16 ft       do
8 ft. x 12 ft      do
Other dimensions of timber (if required to
be used) at proportionate prices.
Piles driven (See clause 40 of Specification)      do
Round timber for crib-wharffng, &c, not less
than 12in. diameter ,      do
Flatted timber in road diversion culverts; &c,
12in. thick       do
Plank   per M.
Wrought-iron     per lb.
Oast-iron ,   do
Ties. each
Carriage of rails and fastenings from lower end
of section, including all handling .per ton
Tracklaying ..per mile
Ballasting per c. yd.
Setting points and crossings , each
Public road level crossings, comprising timber
cattle-guards, planking, small timber cul-
I       vert under approaches and notice-boards,
j      complete     do
To cover work which possibly may be required
under clauses 18,43 and 91 of General Specir
fication; short quantities,  cofferdams and
contingencies, add, say, $250,000 ,	
10 00
1 00
7,500 00
4.000 00
2,100 00
2,100 00
1,400 00
1,400 00
0 40
0 40
0 30
0 30
0 40
0 25
Total
1 00
300 00
0 30
25 00
50 00
Amount.
$   cts.I      $     cts.
T
5,000 00
1,000 00
15,000 00
76,000 00
2,100 00
4,200 00
1,400 00
1,400 00
400 00
,000 00-
300 00
300 00
,000 00
2,500 00
0 30
3,000 00
25 00
500 00
0 20
600 00
0 20
100 00
0 30
22,500 00
3,000 oa
9,000 00
30,000 00
500 00
350 00
250,000 00
2,056,950 00
* Note.—Some of the quantities printed in this column are estimated from preliminary location!
measurements and may be considered roughly approximate ; other items are simply conjectured andi
placed herein for the purpose of obtaining rates.
Payments.
24. Cash payments equal to about ninety per cent, of the value of the work done^
approximately made up from returns of progress measurements and computed at thq
prices agreed upon or determined under the provisions of this contract, will be made! .4
53
to the contractor monthly, on the written certificate of the engineer that the work
for or on account of which the certificate is granted, has been duly executed to his
satisfaction, and stating the value of such wcrk computed as above mentioned
—and upon approval of such certificate by the Minister for the time being,
and the said, certificate and such approval thereof shall be a condition pre-
. cedent to the right of the contractor to be paid the said ninety per cent, or any
part thereof. The remaining ten per cent shall be retained until the final completion of the whole work to the satisfaction of the chief engineer for the time being,
having control over the work, and within two months after such completion the
remaining ten per cent will be paid. And it is hereby declared that the written
certificate of the said engineer, certifying to the final completion of said works to hia
satisfaction, shall be a condition precedent to the right of the contractor to receive or
be paid the said remaining ten per cent., or any part thereof.
Monthly Estimates,
25. It is intended that every allowance to which the contractor is fairly entitled,
will be embraced in the engineer's monthly certificates; but should the contractor
at any time have claims of any description which he considers are not included in the
progress certificates, it will be necessary for him to make, and repeat such claims in
writing to the engineer, within fourteen days after the date of each and every certifi-
i cate in which he alleges such claims to have been omitted.
Claims by Contractors.
26. The contractor, in presenting claims of the kind referred to in the last clause,
jmust accompany them with satisfactory evidence of their aucurauy, aud the reason
why he thinks they should be allowed.    Unless such  claims are thus made during
:the progress of the work, within fourteen days, as in the preceding clause, and repeated, in writing, every month, until finally adjusted or rejected, it must be clearly
understood that they shall be forever shut out, and the contractor shall have no claim
on Her Majesty in respect thereof.
Progress Measurements.
27. The progress measurements and progress certificates shall not in any respect
fee taken as an acceptance of the work or release of the contractor from responsibility
in respect thereof, but he shall at the conclusion of the work deliver over the same in
good order, according to the true intent and meaning of this contract.
Operations may be Suspended.—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
jury particular point or points, or upon the whole ofthe works, and in the event of
jiuch right being exercised so as to cause any delay to the contractor, then
m extension of timb equal to such delay or detention, to be fixed by the Minister
is above provided .for, shall be allowed him to complete the contract, but no such
ielay shall vitiate or avoid this contract or any part thereof, or the obligation hereby
imposed or any concurrent or other, bond or security for the performance of this
nontract, nor shall the contractor be entitled-to any claim for damages by reason of
*ny such suspension of operations. And at any time after operations have been suspended either in whole or in part—such operations may be again resumed and again
tuspended and resumed as Her Majesty may think proper. And upon the contractor
eceiving written notice, on behalf of Her Majesty, that the suspended operations are
I be resumed, the contractor shall at once resume the operations and diligently carry
•n the same. 54
Appropriation by Parliament.
29. Should the amount now voted by Parliament, and applicable towards payment for the work hereby contracted for, be at any time expended previous to the
completion of the works, the Minister for the time being, may give the contractor
written notice to »that effect; and upon receiving such notice the contractor miiy, if
he thinks fit, stop the work—but in any case shall .not be entitled to any payment for
work done, beyond the amount voted and applicable as aforesaid—unless and until
the necessary funds have been voted by Parliament in that behalf. And in no event
shall the contractor have or make any claim upon Her Majesty for any damages or
compensation by reason of the said suspension of payment, or by reason of any delay
or loss caused by the stoppage of work-
Spirituous Liquors.
30. The contractor shall not permit, allow, or encourage the sale of any spirituous liquors on or near the works.
No Sunday Labour.
31. No work whatever shall at any time or place be carried on during Sunday, and
the contractor shall take all necessary steps for preventing any foreman, or agent, or ,
men from working or employing others on that day. .
Chief Engineer to be Arbitrator.
32. It is hereby agreed, that all matters of difference arising between the parties
hereto, upon any matter connected with or arising out of this contract, the decision
whereof is not hereby especially given to the engineer,—shall be referred to the
award and arbitration of the chief engineer for the time being, having control over
the works, and the award of such engineer shall be final and conclusive; and it is
hereby declared that such award shall be a condition precedent to the right of the
contractor to receive or be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly declared that no implied contract of any kind whatsoever, by
or on behalf of Her Majesty, shall arise or be implied from anything in this contract
contained, or from any position or situation of the parties at any time, it being clearly
understood and agreed that the express contracts, covenants and agreements herein
contained and made by Her Majesty, are and shall be the only contracts, covenants
and agreements upon which any rights against her are to be founded.
34. This contract is hereby, pursuant to the provisions of the 8th section of the
Statute, 41st Victoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming-advisable, in the interests of the public, to suspend
the work hereby contracted for, or any portion thereof, at any time before its completion, and to put an end to this contract, the Minister for the time being shall have
full power to stop the work and to cancel this contract, on giving due notice to that
effect to the contractor. The contractor, however, will be entitled to receive pavment
for all sums then due for work already done, materials used or delivered or ready to
be used, or in course of preparation, together with such reasonable compensation as
will cover all bona fide damages, if any, resulting therefrom, and as may then be
agreed upon ; or, in case of disagreement, as may be determined by the official arbi-1
Sill „ T of Canada; it being understood, however, that no compensation will be allowed to, or claimed by, the contractor for materials procured for the- works, after the date of the service of the notice above referred to, or for any loss of
anticipated profits, either in respect ofthe works so suspended as aforesaid, or of the
materials then procured for said works.
In Witness whereof, the contractor hath hereto set his hand and seal—and these
presents-have been s;gned and sealed by the said Minister, and countersigned by the
Secretary of the Department of Eailways and Canals, on behalf of Her Majesty.
Signed, sealed and delivered by the ~)
contractor in the presence of [■ (Signed)    ANDEEW ONDEEDONK, (L. S.)
(Signed)    H.,A. Fissiault. j
Signed, sealed and delivered by the^ (Signed) CHAELES TUPPEE, (L. S.)
the Minister, and countersigned by I Minister of Railways and Canals.
by the Secretary in the presence of j (Signed) F.  BEAUN,
(Signed)   H. A. Fissiault. J Secretary.
SUEETIES' INDENTUEE.
This Indenture, made the twenty-third day of December, one thousand eight hundred and seventy-nine, between DUNCAN MACDONALD. of the City of
Montreal, in the Province of Quebec, Contractor, and ANGUS PETEE
MACDONALD, ofthe same place, Contractor, hereinafter called ''■ The Sureties,"
of the first part, and Her Majesty Queen Victoria, ofthe second part.
WITNESSETH that the sureties hereby for themselves, and each of them, their and
each of their heirs, executors and administrators, jointly and severally, covenant with
Her Majesty and Her Successors, that the contractor named in the hereunto annexed
Indenture, his executors and administrators, shall and will from time to time, and at
all times, well and truly perform, keep and aoide by all. and singular the covenants,
agreements and conditions in said Indenture contained, and on his part to be performed, kept and abided by. And the sureties, further, covenant and agree with Her
Majesty and Her Successors, that all the rights, privileges and powers which may, by
virtue ofthe said Indenture, be exercised by or on behalf of Her Majesty, or by the
engineer or engineers, or other persons mentioned in said Indenture, may be so
exercised without notice to the said sureties, and without in any way releasing or
interfering with the liability ofthe sureties under their covenants herein contained.
In witness whereof, the parties hereto have hereunto set their hands aud seals.
Signed, sealed and delivered      ")
in presence of I    (Signed)    DUNCAN MACDONALD,   f'L.S.)
f A. P. MACDONALD. (L.S.)
(Signed)     H. A. Fissiault. j 56
This Indentube made the fifteenth day of December, one thousand eight hundred and seventy-nine, between ANDEEW ONDEEDONK, of San Francisco, in
the State of California, one of the United States of North America, Contractor
and Civil Engineer, hereafter called "the Contractor" ofthe first part, and
Her Majesty Queen Victoria represented herein by the Minister of Eailways and
Canals, of the second part, WITNESSETH, that in consideration of the covenants and agreements on the part of Her Majesty hereinafter contained, th»
contractor covenants and agrees with Her Majesty as follows :
Work.—Engineer.
1. In this contract the word "work" or "works" shall, unless the context
require a different meaning, mean the whole of the work and the materials, matters
and things required to be done, furnished and performed by the contractor under
this contract. The word | engineer," shall mean the chief engineer for the time
being having control over the work, and shall extend to and include any of his
assistants acting under his instructions, and all instructions or directions, or certificates given, or decisions made by any one acting for the chief engineer, shall be
subject to his approval, and may be cancelled, altered, modified and changed, as to
him may seem fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and
extend to the executors and administrators ofthe contractor, and shall extend to and
be binding upon the successors of Her Majesty, and wherever in this contract Her
Majesty is referred to, such reference shall include her successor, and wherever the
contractor is referred to, such reference shall include his executors and administrators.
Labor, Plant and, Material- -Time for Completion.—Materials and Workmanship.
o.
That the contractor will, at bis own expense, provide all and every kind of
labor, machinery and other plant, materials, articles, and things whatsoever necessary
■ for the due execution and completion of all and every the works set out or referred
to in the general specifications hereunto annexed, dated 30th November, 1878, and
marked A, and set out or referred to in the plaias and drawings prepared and to be
prepared for the purposes of the work, and in accordance with the printed memorandum herewith annexed, marked B, and will execute and fully complete the
respec+ive portions of such works and deliver the same complete to Hor Majesty, on
or before the thirtieth day of June, A.D., eighteen hundred and eighty-five.
The said work to be constructed of the best materials of their several kinds, and
finished in the best and most workmanlike manner, in the manner required by and in
strict conformity with the said specifications and drawings which may from time to
time be furnished (which said specifications and memorandum are hereby declared
to be part of this contract) ; and to the complete satisfaction of the chief engineer
for the time being having control over the
&
won
Omissions to be made Good.
4. The aforesaid specification and memorandum, and the several parts of this
contract shall be taken together, to explain each other, and to make the whole consistent; and if it be found that anything has been omitted or mis-stated, which is
necessary for the proper performance and completion of any part cf the work contemplated, the contractor will, at his own expense, execute the same as if it had
been properly described, and the decision of the engineer shall be final as to any
such error or omission, and the correction of any such error or omission, shall not be
deemed to be an addition to, or deviation from, the works hereby contracted for. 5*7
Engineer may order extra work, and make changes.
5. The chief engineer, with the sanction of the Minister, shall be at liberty at
any time^ either before the commencement or during the construction ofthe works
or any portion thereof, to order any work to be done, and to make any changes
which he may deem expedient in the grades, the width of cuttings and fillings, the
dimensions, character, nature, location, or position of the works, or any part or parts
thereof, or in any other thing connected with the works, whether or not such changes
diminish the work to be done, or the cost of doing the same, and the contractor
shall immediately comply with all written requisitions of the engineer in that
behalf, but the contractor shall not make any change in or addition to, or omission,
or deviation from the works, unless directed by the engineer, and shall not be
entitled to any payment for any change, addition, or deviation, unless such change,
addition, omission, or deviation, shall have been first directed in writing by the
Engineer, and notified to the contractor in writing, nor unless the price to be paid
for any additional work shall have been previously fixed by the Minister in writing,
and the decision of the Engineer as to whether any such change or deviation increases or diminishes the cost of the work, and as to the amount to be paid or
deducted, as the case my be in respect thereof, shall be final, and the obtaining of his
certificate shall be a condition precedent to the right of the contractor to be paid
therefor. If any such change or alteration constitutes, in the opinion of the said
engineer, a deduction from the works, his decision as to the amount to be deducted
on account thereof shall be final and binding:.
Changes shall not Invalidate Contract.
6. That all the clauses of this contract shall apply to any changes, additions, or
deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations or variations shall annul or invalidate
this contract.
Limit of Expenditure under this Contract.
■1. It being the intention that the cost of tho work to be done under this contract be
limited to the sum of One Million Seven Hundred and Forty-six Thousand One Hundred
and Fifty Dollars, which sum is to be taken as the maximum amount of this contract,
not to be exceeded; it is hereby specially agreed that should it, at any time during
the execution of the said work, appear from the cost of the work then performed, as
compared with the value of the works still to be done, that such maximum amount
will be exceeded, whether by reason of additions, alterations, variations, for any other
cause whatsoever, the contractor will then be required to complete only such portion
of the works herein contemplated as will be indicated by the engineer, with the
view to limit the total expenditure under this contract to the  maximum above
stated; and so soon as the said maximum amount will be expended, this contract
will then be considered as ended, and the contractor will not thereafter be entitled to
continue the works under this contract, or to receive any further payment beyond
the said maximum amount, unless the Minister should authorize and direct further
expenditure; in which case, it,is understood that the Minister will have the right
{which is hereby expressly reserved) to direct that any works, which may then
remain to be done, shall be executed under this contract; and the contractor hereby
agrees to execute the same at the rates or prices hereinafter mentioned, as if these
remaining works formed part of this contract.    Provided also, that in case the said
works, on completion, by reason of alterations, variations, deviations, diminutions, •
■omissions, or otherwise, should not amount to the total sum above mentioned, the
contractor will not be entitled to the payment of the difference in cost, whatsoever
the same may be.   No compensation shall, in any case, be claimable by the contractor for any loss of anticipated profits. 58
Engineer to be sole Judge of Work, Material, &c.
8 That the Engineer shall be the sole judge of work and material in respect of
both quantity and quality, and his decision on all questions in dispute with regard to
work or material, or as to the meaning or intention of this contract and the plans,
specifications and drawings shall be final, and no works or extra or additional works
or changes shall be deemed to have been executed, nor shall the contractor be
entitled to payment for the same, unless the same shall have been executed to the
satisfaction of the engineer, as evidenced by his certificate in writing, which certificate shall be a condition precedent to the right of the contractor to be paid therefor.
Schedule of Prices.
9. It is hereby distinctly understood and agreed, that the respective portions of
the works set out or referred to in the list or schedule of prices to be paid for the
different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also all and every kind of work, labor, tools,
and plant materials, articles, and things whatsoever necessary for the full execution
and completing ready for use ofthe respective portions ofthe works to the satisfaction ofthe Engineer. And in case of dispute as to what work, labor, materials, tools,
and plant are or are not so included, the decision of the engineer shall be final and
conclusi%7e.
Foreman.
10. A competent foreman is to be kept on the ground by the contractor during
all the working hours, to receive the orders of the engineer, and should the person
so appointed be deemed by the Engineer to be incompetent, or conduct himself improperly, he may be discharged by the Engineer, and another shall at once be appointed in his stead ; such foreman shall be considerei as the lawful representative
of tho Contractor, and shall have full power to carry out all requisitions and instructions of the said engineer.
*o*
Unsuitable Material or Imperfect  Work.
11. In case any material, or other things in the opinion of the engineer not in
accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for the respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the Contractor to remove the same, and"to provide proper material or
other things, or properly re-execute the work, as the case may be, and thereupon the
contractor shall and will immediately comply with the said requisition, and if
twenty-four hours shail elapse and such requisition shall not have been complied
with, the engineer may cause such  material, or  other things, or  such work to be
All Plant and Material to Become Property of Her Majes
tv.
12. AU machinery and other plant, materials, and things whatsoever, provided
by the contractor for the works hereby contracted for, and not rejected under the
provisions of the last preceding clause, shall from the time of their being so provided
become and until the final completion ofthe said works, and tho same shall, on no
account, be taken away, or used or disposed of, except for the purposes of the said
woiks, without the consent, in writing, of the engineer, and  Her Majesty shall not 59
be answerable for any loss or damage whatsoever which may happen to such
machinery, or other plant, material or things, provided always that upon the completion of the works, and upon jpayment by the contractor of all such moneys, if
any, as shall be due from him to Her Majesty such ofthe said machinery and other
plant, material and things as shall not have been used and converted in the works,
and shall remain undisposed of shall, upbn demand, be delivered up to the Contractor.
Insufficient
Machinery.—Material or Labor to be Increreased.
13. If the engineer shall, at any time, consider the number of workmen, horses,
or quantity of machinory or other plant, or the quantity of proper materials,' respectively, employed or provided by the contractor, on or for the said works, to" be
insufficient for the advancement thereof towards completion within the limiteds
times, or that the works are, or some part thereof, is not being carried on with due
diligence, then in every such case the said engineer may, by written notice to the
contractor, require him to employ or provide such additional workmen, horses,
machinery, or other plant or materials, as the engineer may think necessary] and
in case the Contractor shall not thereupon within three days, or such other longer
period as may be fixed by any such notice, in all respects comply therewith, when
the engineer may, either on behalf of Her Majesty, or if he see fit, may, as the agent
of and on account of the Contractor, but in either case at the expense of the Contractor, provide and employ such additional workmen, horses, machinery, and
other plant, or any thereof, or such additional and materials respectively, as he may'
think proper, and may pay such additional workmen such wages, and for such additional horses, machinery or other plant, and materials respectively, such prices as
he may think proper, and all such wages and prices respectively, shall thereupon at
once be repaid by the Contractor or the same may be retained and deducted out
of any moneys at any time payable to the Contractor; and Her Majesty may use,
in the execution or advancement of the said work, not only the horses, machinery,
and other plant, and materials so in any case provided by any one on Her behalf,
but also all such as may have been or may be provided by or on behalf of the said
Contractor.
Delay in Execution.— Work may be taken out of Contractor's hands.
14. In case the Contractor shall make default or delay in diligently continuing
to execute or advance the works to the satisfaction ofthe Engineer, and suchdefault
of delay shall continue for six days after notice in writing shall have been given by
the engineer to the contractor requiring him to put an end to such default or delay,
or in case the contractor shalLbecome insolvent, or make' an assignment for the benefit
of creditors, or neglect either personally or by a skilful and competent agent to superintend the works, then in any of such cases Her Majesty may take the work out ofthe contractor's hands and employ such means as she may see fit to complete the work, and in
such cases the contractor shall have no claim for any further payment in respect of
the works performed, but shall nevertheless remain liable for all loss and damage
which mav be suffered by Her Majesty by reason of the non-completion by the
contractor "of the works: and all materials and things whatsoever, and all horses,
machinery and other plant provided by him for the purposes of the works, shall
remain and be considered as the property of Her Majesty for the purposes and
according to the provisions and conditions contained in the twelfth clause hereof.
Contractor to take Risk of all Loss or Damage.
15. The contractor shall be at the risk of, and shall bear, all loss or damage
whatsover from whatsoever cause arising, which may occur to the works, or any of
them until the same be fully and finally completed and delivered up to and accepted
by the said Minister for the time being ; and if any such damage or loss occur before 60
such final completion, delivery and acceptance, the contractor shall immediately at
his own expense repair, restore and re-execute the work so damaged, so that the whole
or the respective parts thereof, may be completed within the time hereby
wor
limited.
Contractor to have no Claim for Delay.
16. The contractor shall not have or make any claim or demand, or bring any
action or suit or petition against Her Majesty for any damage which he may sustain
by reason of any delay in the progress of the work, arising from the acts of any of
Her Majesty's agents, and it is agreed that in the event of any such delay the contractor shall have such further time for the completion of the works as may be fixed
in that behalf by the Minister for the time being.
Contractor not to make Assignment.—Work may be taken out of Contractor's Hands.
IT. The contractor shall not make any assignment of this contract, or any subcontract, for the execution of any ofthe works hereby contracted for; andx in any
event no such assignment or sub-contract, even though consented to, shall exonerate
the contractor from liability, under this contract, for the due performance of all the
work hereby contracted for. In the event of any such assignment or sub-contract
being made, then the contractor shall not have or make any claim or demand upon
Her Majesty for any future payments under this contract for any further or greater
sum or sums than the sum or sums respectively at which the work or works so
assigned or sub-contracted for shall have been undertaken to be executed by the
assignee or sub-contractor; and in the event of any such assignment or sub-contract
being made without such consent, Her Majesty may take the work out of the
contractor's hands, and employ such means as she may see fit to complete the same;
and in such case the contractor shall have no claim for any further payment in
respect of the works performed, but shall nevertheless remain liable for all loss and
damage which may be suffered by Her Majesty by reason of the non-completion by
the contractor of the works; and all materials and things whatsoever, and all horses,
machinery, and other plant provided by him for the purposes of the works, shall
remain and be considered as the property of Her Majesty for the purposes and
according to the provisions and conditions contained in the twelfth clause hereof.
18. Time shall be deemed to be of the essence of this contract.
Contractor Responsible for Damage,
19. The contractor shall be responsible for all damages claimable by any person
or corporation whatsoever, in respect of any injury to persons or to lands, buildings,
fhips or other property, or in respect of any infringement of any right whatsoever,
occasioned by the performance ol the. said works, or by any neglect or misfeasance
or non-misfeasance on his part, and shall and will at his own expense, make such
temporary provisions as may be necessary for the protection of persons, or of lands,
buildings, ships or other property, or for the uninterrupted enjoyment of all rights
of persons or corporations, in and during the performance ofthe said works.
Failing ta Pay Salaries or Wages.
20. If the contractor fail at any time in paying the salaries or wages of any
person employed by him upon or in respect of the said works, or any of them, and
any part of" such salary be one month in arrear, or if there be due to any such person
one month s wages or salary, the engineer may notify the contractor to pay such
salary or wages, and if two days elapse and the same be not paid in full up to the
date of payment or to such other date as may be in accordance with the terms of
employment of such person, then Her Majesty may pay to such person salary or 61
wages from any date to any date, and to any amount which may be payable, und may
charge the same to the contractor, and the contractor covenants with Her Majesty to
repay at once any and every sum so paid.
Stakes and Marks to be Protected.
21. The contractor will protect and will not remove or destroy, or permit to be
removed or destroyed, the stakes, buoys and other marks placed on or about the said
works by the engineers of the works, and shall furnish the necessary assistance to
correct or replace any stake or mark which through any cause may have been
removed or destroyed.
Contract's Address.
22. Any notice or other communication mentioned in this contract to be notified
or given to the contractor shall be deemed to be well and sufficiently notified or
given, if the same be left at the contractor's office or mailed in any Post Office, to the
contractor or foreman, addressed to the address mentioned in this contract, or to the
contractor's last known place of business.
Schedule of Prices.
23. And Her Majesty, in consideration of the premises, hereby covenants with
the contractor that he will be paid for and in respect of the works hereby contracted
for, and in the manner set out in the next clause hereof, the several prices or sums
following, viz.:—
SCHEDULE OF QUANTITIES AND PEICES.
•Approximate
Quantities.
Description of Work.
3,000,000,     do
|
2,000, L. feet
Say     250     do
25] Acres .Clearing per acre
5     do     j Close cutting ,      do
5      do     (Grubbing..      do
10,000 L. feet   Fencing ~~. per 1. ft.
100,000 C. yards Solid rock excavation perc. yd
50,000|    do     ILoose rock excavation -      do
Earth excavation (including that described in
Clause 13 of Specification)      do
Under-drains perl. ft.
Tunnelling (See clause 32 of Specification.)
i" Line Tunnels." This tunnel will be formed
in earth. The price per lineal foot of tunnel
must cover excavation, centering, masonry
and all expenses      do
" Twelve feet—Stream Tunnels"      do
I "Six feet—Stream Tunnels"      do
1001     do
100 i     do
10,000iC.yards|Bridge masonry   , - perc yd
5,000
1,000
1,000
1,5000
do
do
do
do
do
Culvert masonry j do
Dry masonry (retaining walls, etc.)  do
Paving  do
Concrete  do
Rip-rap  a0
$   cts.
30 00
40 00
50 00
06
1 75
75
Amount.
$    CtSt
750 00
200 00
250200
600 00
175,000 00
37,500 00
27
810,000 00
20
400 00
60 00
15,000 00
20 00
2,000 00
15 00
1,500 00
10 50
105,000 00
10 00
50,000 00
8 00
40,000 00
5 00
5,000 00
5 50
5,500 09
2 75
41,250 00 62
SCHEDULE OF QUANTITIES AND YHICES—Continued.
500 L. feet
1,000 C. yards
No.
do
do
do
do
1,0001 L. feet
50,0001     do
15,0001     do
60,000      do
50,000      do
Oast-iron pipes, 3ft. diameter inside, 1 in. thiek,
laid in concrete (the concrete not included
in this item) perl, ft^
Hand-laying rock embankments, where slopes
are steeper than 1 to 1 (labor only) perc yd.|
Timber bridge superstructure, 200 tt. clear per span
do do 150    do             do
do do 125     do             do
do do 100     do             do
do do 60     do             do
(See clauses 42 and 43 of Specification.)
Timber, best quality, for beam culverts, &c.
12 ft. x 16 ft	
12 ft. x 12 ft	
8 ft. x 16 ft	
8ft. x 12 ft	
8 ft.x 10 ft	
10,000
10,000
10,000
do
do
do
per 1. ft.
.     do
.     do
.     do
.     do
200,000
F, B.M.
50,000
Lbs.
10,000
do
100,000
No.
4,000
Tons,
42
Miles.
130,000
0. yard
25
No.
2
do
Other dimensions of timber (if required to be
used) at proportionate prices.
Piles driven (See clause 40 of Specification) per 1. ft.
Round timber for crib wharfing, not less
than 12 in. diameter	
Flatted timber in road diversion culverts, 12 in.
thick	
Plank .fgi
I Wrought iron	
Cast iron	
Ties.	
[Carriage of rails and fastenings, from lower end
I       of Section, including all handling    Tons.
|Tracklaying   Miles.
.Ballasting per c yd.
Setting points and crossings    Each,
Public road level crossings, comprising timber
cattle-guards, planking, small timber culvert under approaches, and notice-boards,
complete    Each.
To cover work which possibly may be required
under clauses 18, 43 and 91 of General
Specification, short quantities, cofferdams,
contingencies, etc., say $250,000	
do
do
per M.
per lb.
do
Each.
18 00
2 75
8,000 00
6,000 00
5,000 00
3,500 00
2,100 00
0 50
0 40
0 30
,0 30
0 25
0 40
0 25 I
I
0 30 j
35 00 !
0 12
0 10
0 25
3 00
300 00
0 27
30 00
200 00
Total.
9,000 00
2,750 00
16,000 00
6,000 00
5,000 00
3,500 00
2,100 00
500 00
20,000 00
4,500 00
15,000 00
12,500 00
4,000 00
2,600 60
3,000 00
7,000 00
6,000 00
1,000 00
25,000 00
12,000 00
12,600 00
35,100 00
750 00
400 00
260,000 00
1,746,150 00
•Note.-Some ofthe quantities printed in this column are estimated from preliminary location
measurements, and may be considered roughly approximate. Other items are simply conieetured and
placed herein lor the purpose of obtaining rates. •
Payments,
24. Ca-h payments equal to about ninety per cent, of the value of the work
done, approximately made up from returns of progress measurements and computed
at the prices agreed upon or determined under the provisions of this contract, will ■\
63
=_ be made to the contractor monthly on the written certificate of the engineer that
~ the work for or on account of which the certificate is granted, has been duly executed
to his satisfaction and stating the value of such work computed as above mentioned—
and upon approval of such certificate by the Minister for the time being, and the said
certificate and such approval thereof shall be a condition precedent to the right of
the contractor to be paid the said ninety per cent, or any part thereof. The remaining ten per cent, shall be retained until the final completion of the whole work to the
satisfaction of the chief engineer for the time being, having control over the work,
and within two months after such completion the remaining ten per cent, will be
paid. And it is hereby declared that the written certificate of the said engineer
certifying to the final completion of the said works to his satisfaction shall be a
condition precedent to the right of the contractor to receive or be paid the said
remaining ten per cent., or any part thereof.
Monthly [Estimates.
25. It is intended that every allowance to which the contractor is fairly entitled,
will be embraced in the engineer's monthly certificates; but should the contractor at
any time have claims of any description which he considers aremot included in the
progress certificates, it will be necessary for him to make and repeat such claims in
writing to the engineer, within fourteen days after the date of each and every certificate in which he alleges such claims to have been omitted.
Claims by Contractor.
26. The contractor in presenting claims of the kind referred to in the last clause
must accompany them with satisfactory evidence of their accuracy, and the reason
why he thinks they should be allowed. Unless such claims are thus made during
the progress ofthe work, within fourteen days, as in the preceding clause, and repeated, in writing, every month, until finally adjusted or rejected, it must be clearly
understood that they shall be forever shut out, and the contractor shall have no claim
on Her Majesty in respect thereof.
Progress Measurements.
21. The progress measurements and progress certificates shall not in any respect
be taken as an acceptance of the work or release of the contractor from responsibility
in respect thereof, but he shall at the conclusion of the work deliver over the same
in good order, according to the true intent and meaning of this contract.
Operations may be suspended.—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
any particular point or points or upon the whole of the works, and in the event of
such right being exercised so as to cause any delay to the contractor, then an extension of time equal to such delay or detention, to be fixed by the Minister as above
provided for, shall be allowed him to complete the contract, but no such delay shall
vitiate or avoid this contract or any part thereof, or the obligations hereby imposed
or any concurrent or other bond or security for the performance of this contract, nor
shall the contractor be entitled to any claim for damages by reason of any such
suspension of operations. And at any time after operations have been suspended
either in whole or in part, such operations may be again resumed and again suspended and resumed as Her Majesty may .think proper. And upon the contractor
receiving written notice on behalf of Her Majesty that the suspended operations are
to be resumed, the contractor shall at once resume the operations and diligently carry
en the same. 64
Appropriation by Paliament.
29 Should the amount now voted by Parliament and applicable towards payment
for the'work hereby contracted for, be at any time expended previous to the completion of the works, the Minister for the time being may give the contractor
written notice to that effect. And upon receiving such notice the contractor may,,
if he thinks fit, stop the work—but in any case shall not be entitled to any payment
for work done, beyond the amount voted and applicable as aforesaid—unless and
until the necessary funds shall have been voted by Parliament in that behalf. And
in no event shall the contractor have or make any claim upon Her Majesty for any
damages or compensation by reason ofthe said suspension of payment, or by reason
of any delay or loss caused by the stoppage of work. '[
Spirituous Liquors.
30. The contractor shall not permit," allow, or encourage the sale of any
spirituous liquors on or near the works.
No Sunday labour.
31. Ne work whatever shall at any time or place be carried on during Sunday,,
and the contractor shall take all necessary steps for preventing any foreman, or
agent, or men from working or employing others on that day.
Chief Engineer to be Arbitartor.
32. It is hereby agreed, that all matters of difference arising between the parties-
hereto, upon any matter connected with or arising out of this contract, the decision
whereof is not hereby especially given to the engineer, shall be referred to the
award and arbitration of the chief engineer for the time being, having control over
the works, and the award of such Engineer shall be final and conclusive; and it is
hereby declared that such award shall be a condition precedent to the right of the
contractor to receive or be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly declared that no implied contract of any kind whatsoever, by
or on behalf of Her Majesty, shall arise or be implied from anything in this contract
contained, or from any position or situation of the parties at any time, it being
clearly understood and agreed that the express contracts, covenants and agreements
herein contained and made by Her Majesty, are and shall be the only contracts,
covenants and agreements upon which any rights against Her Majesty are to be
founded.
34. This contract is hereby, pursuant to the provisions of the 8th section of the-
Statute, 41st Yictoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming advisable, in the interests of the public, to
suspend the work hereby contracted for, or any portion thereof, at any time before
its completion, and to put an end to this contract, the Minister for the time being
shall have full power to stop the work and to cancel this contract, on giving due
notice to that effect to the contractor. The contractor, however, will be entitled to
receive payment for all sums then due for work already done, materials used qr
delivered, or ready to be used, or in course of preparation, together with such reasonable compensation as will cover all bond fide damages, if any, resulting therefrom,
vi?8 ^7 tben ^e agr      Upon' 0r'iQ oase of disagreement, as may be determined
by .he Official Arbitrators of the Dominion of Canada; it being understood, however • 65
that no compensation will be allowed to or claimed by the contractor for materials
.procured for the works, after the date of the service of the notice above referred to,
or for any loss of anticipated profits, either in respect of the works so suspended, as
aforesaid, or of the materials then procured for. said works.
In Witness whereof, the contractor hath hereto set his hand and seal, and these
presents have been signed and sealed by the said Minister, and countersigned by the
Secretary of the Department of Eailways and Canals, on behalf of Her Majesty.
Signed,   sealed   and   delivered   by  ")
the contractor, in presence of   f- (Signed)   ANDEEW ONDEEDONK. rSeal.1
(Signed)        A. P. Bradley. J -     L
Signed,   sealed   and   delivered   by -j (Signed) CHAELES TUPPER,
the Minister, and countersigned I Minister of Railways and Canals..
by the Secretary, in presence of [ (Signed) F. BEAUN,
(Signed)       H. A. Fissiault. j Secretary. [Seal.]
SUEETIES' INDENTUEE.
This Indenture, made the fifteenth day of December, one thousand eight hundred and seventy-nine, between JOSEPH KAVANAGH, of the city of Ottawa,
in the Province of Ontario, merchant, andDAYID OPPENHEIMEE, of Tale, in
the Province of British Columbia, merchant, hereinafter called " The Sureties,"
of the first part, and Her Majesty Queen Yictoria, of the second part.
WITNESSETH that the sureties hereby for themselves, and each of them, their and
each of their heirs, executors and administrators, jointly and severally, covenant with
Her Majesty and Her successors, that the contractor named in the hereunto annexed
Indenture, his executors and administrators, shall and will from time to time, and at
all times, well and truly perform, keep and abide by all and singular the covenants,
agreements and conditions in said Indenture contained, and on his part to be performed, kept and abided by. And the sureties, further, covenant and agree with Her
Majesty and Her successors, that all the rights, privileges and powers which may, by
virtue of the said Indenture, be exercised by or on behalf of Her Majesty, or by the
Engineer or Engineers, or other persons mentioned in said Indenture, may be so
exercised without notice to the said sureties, and without in any way releasing or
interfering with the liability of the sureties under their covenants herein contained.
In witness whereof, the p irlies hereto have hereunto set their hands and seals.
Signed, sealed and delivered "J     (Signed)       JOS. KAVANAGH, [Seal.]
in presence of r *|
{Signed)      A. P. Bradley. )     (Signed)       DAVID OPPENHEIMEE,    [Seal.]
19—5 Ml
\
66
19 E.
ft^^^S'       ^»CA°      'ft'
CANADIAN   PACIFIC   RAILWAY.
SPECIFICATION
OP
FISH-PLATE BOLTS AND SPIKES.
1. The Minister of Eailways and Canals is prepared to receive tenders for the
supply of 35 tons of fish-plate bolts and nuts, and TOO tons of railway spikesr in lots
of not less than 100 tons.
2. Sealed tenders endorsed " Tenders for Bolts and Spikes," and addressed "F<
Braun, Esq., Secretary, Department of Eailways and Canals, Ottawa," will be
received up to noon of Wednesday, the 20th day of August next.
3. The number of tons tendered for must be inserted in the tenders.
4. The bolts and nuts are to be made from the best refined iron. The bolts to
be 3f inches long from under side of head, of three-fourths inch round iron, with
square necks, and pressed cup-shaped heads. They will be screwed for a length of
two inches, the thread being well cut on both bolts and nuts, and having a pitch of
one-tenth of an inch. The nuts will be 1^ inches square and seven-eighths inch-
thick. The whole to be dipped in linseed oil, and packed in strong iron-bound cases
of two cwt. each.
5. The spikes are also to be made from the best refined iron five-eighths of an
inch square, and must, on test, be equal to being bent to a double without N fracture*
They will have a pressed head ofthe usual size and form, the points chisel-sharpened,
and be six inches in length over all. They will be put up securely in iron-bound
cases of two cwt. each.
6. Samples of bolts and nuts and spikes may be seen at the office of the Engineer-
in-Chief, Ottawa.
T. Inspectors may be appointed to overlook the manufacture and to test the
quality; and the makers will be required to make such tests as the Inspectors may
deem necessary.
8. The 35 tons of bolts and nuts and 400 tons of spikes will be delivered at Fort j
V, illiam, Lake Superior, and the other 300 tons of spikes will be delivered to the j
contractor for the " Colonization Line from Winnipeg," on the wharf at Montreal, or \
at some convenient point on the line of transit, west of that port. The bolts andi
nuts, with 100 tons of the spikes for Fort William, and the whole of the spikes for ]
the Colonization Line, must be delivered by the 1st day of October next. The]
balance ofthe spikes for Fort William must be delivered before the close of naviga-1
tion this year.
9. No tender will be entertained, unless on one of the printed forms prepared]
for the purpose, no!• unless an accepted bank check for two hundred dollars accom-]
panies the tender, which shall be forfeited if the party tendering declines or fails tol
enter into contract when called upon to do so, at the rates stated in tho offer sub-j
mitted.   In the event of a tender not boing accepted, the cheque will be returned. 61
10. For the due fulfilment ofthe contract, satisfactory security will be required,
by deposit of money, public or municipal securities, or bank stock, to the amount
of about five per cent, on the bulk sum of the contract.
11. The contractor shall provide sureties to the satisfaction of the ^Minister of
Eailways and Canals, and who, with himself, shall sign a contract, embodying this
specification and other clauses usual in such agreements.
12. Payments will be made on certificate of delivery, equal to 80 per cent, of
the delivered price, and the balance will be paid when the contract has been duly
fulfilled.
13. The Government does not bind itself to accept the lowest, or any tender.
SANDFOED FLEMING,
Engineer-in-Chief.
Canadian Pacific Railway Office,
Ottawa, 22nd July, 1879.
Signed by the Contractors and Sureties, in the presence of
^1 (Signed) G. A. MILLEE.
/o-      ifc    m w -cr I " CHAELES H. MILLEE.
(Signed)   T.W.Harrington,   J        u JAMES MITCHELL.
L. A. Desage. i -(i HECTOE LeTOUENEUX.
J " DANIEL WILSON.
Signed by the Acting Minister of Eailways and Canals, and by the Acting
Secretary, in presence of
,n-      j      -o-   a    x. ") (Signed)    J. H. POPE.
(Signed;    H. A. Fissiault.      ^   b«        F  B ENNIS,
E- Batoe- \ .     Acting-Secretary.
19—51
1 68
Articles of Agreement entered into on the fourth day of September, in the year of
our Lord, one thousand eight hundred and seveniy-nine, and made in triplicate
between GEOEGE ANGUS MILLER, CHARLES HERBERT MILLER, and
JAMES MITCHELL, all three ofthe City of Montreal, in the Province of Quebec
and Dominion of Canada, carrying on together the business of manufacturers under
the name, style and firm of " MILLER BROS. & MITCHELL," and represented
herein by GEORGE ANGUS MILLER, one of the members of the said firm,
and hereinafter throughout called " the parties of the first part " ofthe first-part;
And HER MAJESTY QUEEN VICTORIA, represented herein by the Minister
of Railways and Canals - of the Dominion of Canada, of the second part; And
Messrs. HECTOR LeTOUENEOX, of the said City of Montreal, Clerk, and
DANIEL WILSON, ofthe same place, Coal Merchant, Sureties of the third part;
Witness, that the parties ofthe first part hereby bind and oblige themselves to
and in favor of Her said Majesty, Her Heirs and Successors, for and in consideration
of the ^covenants, conditions and agreements hereinafter mentioned, to the
satisfaction of the said Minister; to manufacture, supply and deliver for
the use of the Canadian Pacific Eailway, in accordance with the specification
for the same hereunto  annexed  marked A:   1st. The quantity of four  hundred
ton   weight for
the   purposes  hereof
being
fixed at two
tons  (400 tons), tho
thousand two hundred and forty pounds, of railway spikes, delivered on the Railway
Wharf at Fort William. Lake Superior; 2nd. And the quantity of three hundred
(300) tons (the ton weight same as above,) of railway spikes, delivered on the
wharf at the aforesaid City of Montreal. The whole to be delivered as follows : One
hundred tons of spikes, for Fort William, on the Eailway Wharf at Fort William ;
and the wholo of the spikes for the " Colonization" Line from Winnipeg, say, three ~.
hundred tons on the wharf at Montreal, or near the same, as may be pointed out by
the engineer or officer of the Department in charge of the works, and in such
quantities as may be required, between the day of the date hereof and the first day
of October, (1879), now next ensuing; and three hundred tons, being the balance of
the 400 tons of spikes for Fort William, to be delivered on the Eailway Wharf at
Foit William, at such place or places as may be indicated by the said Departmental
officer, and before the close of navigation this year (1879).
In Consideration Whereof, Her Majesty Queen Victoria, represented by the
said Minister as aforesaid, doth hereby promise and agree to pay the parties of the
first part, or to the heirs, assigns, or lawful representatives of the parties of the first
part (according to the provisions of the Act Thirty-first Victoria, Chapter Twelve,)
that is to say :—The rate or sum of fifty-two dollars and seventy-five cents, currency,
for each of the four hundred tons of railway spikes, delivered as aforesaid on the
wharf at Fort William, ($52.75) ; and the rate of forty seven dollars and seventy-five
cents per ton for each ofthe three hundred tons of railway spikes delivered as aforesaid on the wharf at Montreal, ($47.75).
And the said parties ofthe first part, and Her said Majesty, represented as aforesaid, do hereby declare, covenant and agree that the said contract and undertaking
shall be and is further made and entered into by the said parties'of the first part and
Her said Majesty, represented as aforesaid, under the express agreements, stipulations, covenants and conditions following, that is to say:—
Firstly.—That the payments ofthe price hereinbefore mentioned, shall be made
to the parties of the first part within ten days after an estimate of the engineer or
officer in charge shall have been received by the Minister, specifying the amount of
spikes delivered, to the satisfaction of the said Minister, or his successors in office or
his engineer, or person in charge of the works, during the month then ended ; but
that nevertheless, it shall be lawful for Her Majesty to withhold from the parties of
the first part and retain twenty per cent, out of the amount of the several estimates
until the perfect completion of the contract, and the acceptance of the same by the
Minister, which twenty per cent., so withheld and retained, shall be paid with the
last instalment, within ten days after the engineer or officer in charge shall have delivered to the Minister his final estimate of the materials furnished, in virtue of
these presents, and his certificate of tho contract having been fully completed and
finished, if the Minister shall so soon have accepted and approved of the same ; Provided always, and it is further agreed, that Her said Majesty, from time to ti
ing th<
progress of theworks, may pay to the parties of the first part the whole
time dur-
or
any portion ofthe twenty per cent." so withheld and retained
Secondly.—That if, by the report ofthe engineer or superintendent employed by
the Minister in that behalf, it shall appear that the rate of progress in the delivery of
the spikes is not such as to insure the completion of the same within the time herein
prescribed, or if the parties of the first part shall persist in any course, violating the
provisions of this contract, Her said Majesty shall have the power, at Her discretion,
by the Minister aforesaid; or his successors in office, without previous notice or protest, and without process or suit-at law, either to take the contract, or anv part
thereof, out of the hands of the parties of the first part, and to relet the same to any
other contractor or contractors, without its being'previously advertised; and the
parties ofthe first part shall be liable for all damages, and extra costs and expenditure, which may be incurred by reason thereof; and shall likewise forfeit all moneys
then due, under the conditions and stipulations, or any or either of them herein contained.
Thirdly.—That in case of failure in the contract, the parties of the first part
shall thereby forfeit all right and claim to the said twenty per cent., or any part
thereof remaining unpaid, as well as to any moneys whatever due on this contract.
Fourthly.—That all materials shall be inspected and approved of, before being
accepted, either by the Minister or such person as he may appoint, and any materials
disapproved of shall be removed, and if not removed by tho parties of the first part,
when directed by the Minister, or his engineer, or person in charge, then, the rejected materials shall be removed by the Minister, his engineer, or person in charge, to
such place as he may deem proper, at the cost and charge, and at the risk of the
parties of the first part; but it is distinctly understood and agreed, that the inspection and approval of materials shall not in anywise subject Her said Majesty to pay .
for the said materials or any portion thereof, nor prevent' the rejection, afterwards,
of any portion thereof, which may turn out unsound or unfit to be used in the work,
nor shall such inspection" be considered as any waiver of objection to the materials,
on the account of their unsoundness or imperfection.
Fifthly.—Should any difference of opinion arise as to the construction to bo put
upon any part of the'specifications, the same shall be determined by'the Minister
alone, and such determination shall be final and conclusive, and binding upon the
parties to this contract, and every of them.
Sixthly.—That any notice or other paper connected with these presents, which
may be required or desired, on behalf of Her Majesty, to be servod on the parties of
the first part, may be addressed to the parties of the first part, ac his or their domicile or usual place of business, or at the place where the work Li to be carried on,
and left at the Post Office, and any paper so addressed and left at the Post Office shall,
to all intents and purposes, be considered legally served.
Seventhly.—That, should the parties of the first part not deliver the material
herein contracted for, at the period agreed upon as above mentioned, the parties
of the first part shall be liable for, and shall cause to be paid to the party of the
second part, all salaries or wages which shall become due 1 the person or persons
superintending the work, on behalf of the said Minister from the above-named period
for completion, until the same shall actually be completed'and received.
Eighthly.—That none ofthe foregoing clauses or condition!:
comminatory (comninatoires), but on the contrary   mall be strict!    observed  and
enforced • the said clauses and conditions being essential for tion of the .
interest ofthe public and expressing the exact intention of the parties thereto, and
without the said clauses and conditions, and each of them, the present contract
would not have been entered into. Ninthly.—That should the amount now voted for this service by Parliament be
at any time expended previous to the completion of this contract, the said parties of
the first part, may or not, as may be seen fit, on receiving a notice in writing from
the said party of the second part to the above effect, stop'the delivery of materials;
but, in any case, the parties of the first part shall not be entitled to any further
payment for material, after the service of the notice above referred to, until the necessary funds shall have been voted by Parliament; nor shall the said parties of
the first part have any claim for compensation or damages for the said suspension of
payment.
Tenthly.—In this agreement the words " the parties of the first part" shall include and comprehend (where the context admits of it) the heirs, executors, and administrators of each of the parties of the first part.
And for the fulfilment of all and every the covenants and obligations, undertakings and clauses hereinbefore expressed, and every part thereof, the parties of the
first part do hereby bind and oblige themselves to and in favor of Her said Majesty,
Her Heirs and Successors, and the parties of the third part for themselves, their
heirs and assigns do also hereby bind and oblige themselves jointly and severally the
one for the other, and for and with the said parties ofthe first part, to and in favor of
Her said Majesty, Her Heirs and Successors, for the due and faithful performance and
fulfilment of all and every the covenants, obligations and undertakings hereinbefore
expressed, so to be performed and fulfilled by the said parties of the first part, the
parties of the third part making the same their own affair, as if they were themselves
the contractors, and renouncing the benefit of the exceptions of division, discussion
and fidejussion, and all other a .vantages allowed by law to sureties in ordinary cases.
In Witness Whereof, the' parties of the first part, and the said Minister
representing Her Majesty as aforesaid, and also the parties ofthe third part, have
hereunto signed their names and set their seals, and the Secretary hath also countersigned these presents. Twenty-two words obliterated are null, and one marginal
note is £Ood.
Signed and sealed by the said parties "|   (Signed) G. A. MILLEE.
of the first part and of the third part ! CHAELES H. MILLEE.
in presence of V JAMES MITCHELL.
(Signed)       T. W. Harrington, j
L. A. Lesage. J
H. Le TOUENEUX.
DANIEL WILSON.
[L.S."
[l.s:
[L.s:
[l.s;
[L.S.
Signed and scaled by the said Acting ^
Minister of Eailways and Canals, | (Signed) J. H. POPE.
and countersigned by the Acting I Acting Minister of Railways and Canals.
Secretary, in presence of j F-. H. ENNIS
(Signed) H. A. Fissiault.  \ Acting Secretary.
E. Bauce. J * y
\ 71
ll
(No. 19 F.)
Witness, that the parties of the first part hereby bind and oblige themselves to
and in favor of Her said Majesty, Her Heirs and Successors, for and in consideration
of the covenants, conditions and agreements hereinafter mentioned, to the satisfaction
ofthe said Minister: To manufacture, supply, and deliver, for the use of the Canadian
Pacific Eailway, in accordance with the specification for the same hereunto annexed,
marked "A," the quantity of thirty-five (35) tons (the ton weight for the purposes
hereof being fixed at two thousand two hundred and forty pounds) of fish-plate
bolts and nuts. The whole to be delivered at such place or places on the Eailway
Wharf at Fort William, Lake Superior, or near the same, as may be pointed out by
the engineer or officer ofthe Department in charge of the works, an . in such quantities as may be required, between the' day of the date hereof and the first day of
October, 1879, now next ensuing.
In Consideration Whereof, Her Majesty Queen Victoria, represented by the
said Minister as aforesaid, doth hereby promise and agree to pay the parties of the
first part, or to the lawful representatives of the parties of the first part (according
"to tho provisions ofthe Act thirty-first. Victoria, chapter twelve), that is to say : Toe
rate or sum of seventy-five dollars ($75) per ton, of the weight aforesaid, offish-plate
bolts, and nuts delivered as aforesaid, agreeably to the true intent and meaning of tb*
said annexed specification, and subject to the agreements following :—-
And the said parties of the first part, and Her said Majesty, r<
represented
aforesaid, do
taking
ere by declare, covenant and agree that the said contract and under,
lall be and is further made and entered into by the said parties of the first
part and Her said Majesty, represented as aforesaid, under the express agreements,
stipulations, covenants and conditions following, that is to say : —
Firstly.—That the payments of the price hereinbefore mentioned, shall be made
to the parties of the first part within ten days after an estimate of the engineer or
officer in charge shall have been received by the Minister, specifying the amount of
fish-plate bolts and nuts delivered, to the satisfaction of the said Minister, or his
successors in office, or his engineer, or person in charge of the works, during the
month then ended; but that, nevertheless, it shall be lawful for Her Majesty to withhold
from the parties of the first part and retain twenty per cent, out ofthe amount of the
several estimates until the perfect completion of the contract, and the acceptance of
the same by the Minister, which twenty per cent., so witheld and retained, shall be
paid with the last instalment, within ten days after the engineer or officer in charge
shall have delivered to the Minister his final estimate of the materials furnished, in
virtue of these presents, and his certificate of the contract having been fully completed and finished, if the Minister shall so soon have accepted and approved of the
same; Provided always, and it is, further agreed, that Her said Majesty, from time
to time during the progress of tho works, may pay to the parties of the first part
the whole or any portion of the twenty per cent, so withheld and retained.
Secondly.—That if by the report of the engineer or superintendent employed
by the Minister in that behalf, it shall appear that the rate of progress in the delivery
J 12
of the material is not such as to insure the completion of the same within the time
herein prescribed, or if the parties of the first part shall persist in any course,
violating the provisions of this contract, Her said Majesty shall have the power, at
Her discretion, by the Minister aforesaid, or his successors in office, without previous
notice or protest, and without process or suit at law, either to take the contract, or
any part thereof, out of the hands of the parties of the first part, and to relet the
same to any other contractor or contractors, without its being previously advertised;
and the parties of the first part shall be liable for all damages, and extra costs and
expenditure, which may be incurred by reaeon thereof; and shall likewise forfeit all
moneys then duo, under the conditions and stipulations, or any or either of them
herein contained.
Thirdly.—That in case of failure in the contract, the parties of the first part
shall thereby forfeit all right and claim to the said twenty per cent., or any part
thereof remaining unpaid, as well as to any moneys whatever due on this contract.
Fourthly.— That all materials shall be inspected and approved of, before being
accepted, either by the Minister or such person as he may appoint, and any materials
disapproved of shall be removed, and if not removed by the parties of the first part,
when directed by the Minister or his engineer, or person in charge, then the rejected
materials shall be removed by the Minister, his engineer, or person in charge, to
such place as he may deem proper, at the cost and charge, and at the risk of the
parties of the first part; but it is distinctly understood and agreed, that the inspection and approval of materials, shall not in anywise subject Her said Majesty to pay
for the said materials or any portion thoreof, nor prevent the rejection, afterwards,
of any portion thereof, which may turn out unsound or unfit to be used in the work,
nor shall such inspection be considered as any waiver of objection to the materials'
on the account of their unsoundness or imperfection.
Fifthly.—Should any difference of opinion arise as to the construction to be put
upon any part of the specifications, the same shall be determined by the Minister
alone, and such determination shall be final and conclusive, and binding upon the
parties to this contract, and every of them.
Sixthly.—That any notice or other paper connected with these presents, which
may be required or desired, on behalf of Her Majesty, to be served on the parties of
the first part, may be addiessed to the parties of the first part, at his or their domicile
or usual place of business, or at the place where the work is to be carried on, and left
at the Post Office, and any paper so addressed and left at the Post Office, shall, to all
intents and purposes, be considered legally served.
Seventhly.—That should the parties of the first part not deliver the material
herein contracted for, at the period agreed upon as abovQ, mentioned, the said' parties
of the first part shall be liable for, and shall cause to be paid to the party of the
second past, all salaries or wages which shall become due to the person or persons
superintending the work, on behalf of the said Minister from the above-named period
for completion, until the same shall actually be completed and received.
Eighthly.—That should the amount now voted for this service by Parliament
be at any time expended previous to the completion of this contract, the said parties
of the first part, may or not, as may be seen fit, on receiving a notice in writing from
the said party of the second part to the above effect, stop the delivery of materials ;
but in any case, the parties of the first part, shall not be entitled to any further pay^
ment for material, after the service of thenotice above referred to, until the necessary
funds shall have been voted by Parliament; nor shall the said parties of the first >art
have any claim for compensation or damages for the said suspension of payment.
Ninthly.—-In this agreement the words "the parties of the first part" shall
include and comprehend (where the context admits of it) the successors of the parties
of the first part.
In Witness Whereof, the parties of the first part, and the said Minister
representing Her Majesty as aforesaid, have hereunto signed their names and set
I their seals, and the Secretary hath also countersigned these presents.    Twentj'-three-
words struck out are null.
Signedjmd sealed by the said parties of the first part, in presence of
■)     (Signed)    DOMINION BOLT CO.,   [L.S.]
(Signed)    T. W. ^Harrington.  /     k   °   p^. J0HN LIVINGSTONE,
L. A. Lesage.
i
Proprietor.
Signed and Sealed by the said Minister of Eailways and Canals, and countersigned by the Secretary, in presence of
"}     (Signed)    J. fl. POPE,
(Signed)    H. A. Fissiault.   ! Acting Minister of Railways wid Canals*.
E. Bauce. F. H. ENNIS,
Acting Secretary if
14.
(No. 19 o.)
-COPIES OF CABLEGEAMS, RE LETTING 5,000 TONS STEEL EAILS AND
FISH-PLATES.
Ottawa, 17th June, 1879.
Eeynolds, London.
When and what price could 5,000 tons Sandberg's Pacific Standard be delivered
in Montreal.
FLEMING.
London, 18th June, 1879.
-Sandford Fleming,
Ottawa
End of next month and August, five pounds sterling; if advise immediately,
probably better.
EEYNOLDS.
Ottawa, 19th June, 1879.
Eeynolds, London.
Eeceive tender, 5,000 tons, delivered Montreal before 15th August; cable number tendors and lowest; rails and fastenings must be Pacific Standard.
FLEMING.
London, 21st June, 1879.
S. Fleming, Ottawa.
Eleven lowest delivered; c.f.i. Montreal, 15th August; five for reply by cable ,
time short; shall I inspect?
EEYNOLDS.
Ottawa, 21st June, 1879.
Reynolds, London.
Order rails and fastenings; furnish^Sandberg's template; oversee inspection.
FLEMING. -
Canadian Pacific Railway, .
Office of the Fngineer-in- Chief,
Ottawa, 9th September, 1879.
i H. Ennis, Esq.,
Acting Secy., Department Railways and Canals.
Sir,— I beg to hand you herewith, for the information of the Department, the
correspondence which took place in connection with the letting of the following contracts for the supply of 5,000 tons of steel rails, with the necessary fastenings delivered
in Montreal,.viz.:—
West Cumberland Co  2,000 tons steel rails, with necessary fish-plates.
Barrow Co   1,500 1 1 I
EbbwValeCo   1,500 | | 1
Patent Bolt and Nut Co. say   48 tons bolts and nuts.
I am, etc.,
(Signed) T. R. BURPEE,
Secretary. 75
Stephens & Eeynolds,
Iron and Steel Merchants and Engineers,
3 Clement's Lane, Lombard St., E.G.,
London, 19th June, 1879.
'Gentlemen,—Please quote us your lowesfpriee, c.f.i. Montreal, for 5,000 tons of
steel rails, 57£ lbs. per yard, with necessary steel fish-plates to enclose section,
to be delivered at Montreal by the 15th of August next. Should you be unable to
furnish the whole quantity by date specified, please quote for such portion as you
can guarantee to deliver by the time named, and if unwilling to deliver in Montreal,
kindly let us have your price for delivery f.o.b.; rails will be inspected during manufacture.    Payment net cash, no commission being required.
(Signed)
The above sent to the following:
Yours truly,
STEPHENS & EEYNOLDS.
Guest & Co.; Ebbw Vale Co.; Bolckow, Vaughan & Co.; Barrow & Co.; Chas.
Cammell &Co.;   West Cumberland Co.; John Brown & Co.; Moss Bay Co.; Ehefin-
mg Co
Wilson, Cammell & Co.;   Brown, Bayley & Dixon.
3 Clement's Lane, Lombard St., E.C.,
London, 2nd July, 1879,
Dear Sir,—Please quote us your lowest price for 96,800 fish-bolts and nuts f
inches diameter, 3f inches long, cup head and square necks and nuts, oiled and
packed in strong 2 cwt. iron-bound cans and delivered f.o.b. Newport.    Terms of
payment wil
net cash on shipment, no commission being required; delivery to
be made within three weeks of this date.
Yours truly,
STEPHENS & EEYNOLDS,
(Signed)
The above sent to the following :—
Patent Nut and Bolt Co. ; Bayliss, Jones & Bayliss; Horton & Son
West Cumberland Iron and Steel Co., (Limited.)
Workington, 24th June, 1879.
Messrs. Stephens & Eeynolds,
3 Clement's Lane, Lombard Street, E,C,
London.
Dear Sirs—We have your favor of yesterday, for which we are very much
obliged, and in reply wired you as follows:—"Have two pairs rolls to turn,
will undertake to have three thousand delivered or shipped by fifteenth August, by
Liverpool steamers, subject no break down machinery, please wire," and have your
reply Teleoraph received, you say delivered or shipped, cannot accept shipment
fifteenth August; you had better therefore state quantity you can guarantee to
deliver Montreal by that date as per enquiry, telegraph reply immediately.'
In response to which we sent you the following message :—" Two thousand tons
delivered by fifteenth August and another thousand on the way by that time, in.
your opinion if given to us at once," as we find we must turn new roll for your
order we should not like to undertake more than 2,000 tons delivered at Montreal
by 15th August.   It is, however, quite possible that we could exceed  this quantity, f
16
and we should be glad to have 3,000 tons viz: .
tons on the way, but if you cannot meet us in this we shall be quite c
2,000 tons with the necessary fish-plates.
We await specification and templates without delay.
We remain, yours faithfully,
000 tons to be delivered and 1,000
content to enter
(Signed) WILLIAM WILSON,
Secretary.
London, 24th June, 1879.
Gentlemen,—This morning we received your telegram in reply to our letter of
last night. We cannot accept anything later than 15th August next for delivery
Montreal, in fact, could we give to the end of August we should have no difficulty in
placing the whole five thousand tons with one maker. We therefore telegraphed
and asked you to name a quantity you would guarantee to deliver by the time
required, and this afternoon we have your reply, copies of both your telegrams and
our own enclosed.
To save time we send you by post to night template of rails and fish plates, and
have now pleasure in giving you order for two thousand tons of the rails, with the
necessary steel fish-plates to be delivered at Montreal by the 15th August, at the
price of four pounds nineteen shillings per ton, c.i.f. Montreal.
We do not quite understand the ojjtion you offer for the other 1,000 tons, but
will write you as to this on receipt of your letter confirming your telegram tomorrow morning, and at the same time will send tracing and specifications; meantime
we are,
Yours very truly,
(Signed) STEPHENS & EEYNOLDS.
Messrs the West Cumberland Iron and Steel Co., (Limited,)
Londonderry, Workington.
Copy of Telegrams.
Eeceived—Have two pairs rolls to turn ; will undertake to have three thousand
delivered or shipped by 15th August, by Liverpool steamers, subject no break down
machinery; please wire.
Sent—Telegraph received; you say delivered or shipped, cannot accept shipment
fifteenth August, you had better therefore state quantity you can guarantee to deliver
Montreal by that date, as per enquiry; telegraph reply immedietely."
Eeceived—"Two thousand tons delivered by 15th August, and another thousand
on the way by that ti.ae, in your option " if given to us at once."
Barrow Hematite Steel Co'y, (Limited),
I Barrow-in-Furness, 20th June, 1879.
Messrs. Stephems & Eeynolds,
London.
Dear Sirs,—We are much obliged by yours of yesterday. We have several
negotiations for rails now pending and scarcely see how we can make room for 5,000
tons if they are carried through. If we knew to-morrow we could take the whole
rails and fish-plates at £5 per tori all round delivered at Montreal nett cash, but as we
are now placed we should quite as soon have the order for half only.
Yours faithfully,
(Signed) W. H. SILVAE,
For the Company. 77
3 Clement's Lane, Lombard St., E. C,
London, 25th June, 1879.
Messrs. The Barrow Hcematite Iron and Steel Co. (Limited), Barrow.
Gentlemen,—As the time for delivery is so short, we have decided to divide
the order for the 5,000 tons steel rails and fish-plates which you quoted us for on the
; .20th, and we this morning telegraphed you to which we have just received your answer;
copies of both enclosed.    We have much pleasure in giving you order for 1,500 ofthe
rails, with the necessary steel fish-plates, to be  delivered at Montreal by the 15th
ugust, at the price of five pounds per ton c.i.f. Montreal.
We will, to-morrow, send you full particulars with tracing and specification.    In
the meantime,
We are,- Gentlemen,
Yours truly,
(Signed)        STEPHENS & EEYNOLDS,
Per E. D. E.
Copy of Telegrams Sent.
" Propose sending you order for 1,500 tons rails with neccssaryfish-plates delivered
Montreal by 15th August. Price as per yours twentieth. Will this suit you. Please
telegraph reply."
Received. Obliged by telegram.    Please send the order to-night if you can.
The Ebbw Yale Steel, Iron & Coal Co. (Limited),
7 Lawrence Pountney Hill,
London, C. E., 19th June, 1879.
Messrs. Stephens and Eeynolds.
Dear Sirs —In reply to your favor of this date, we will deliver 1,500 tons steel
rails with necessary fish-plates at Montreal, by the 15th August next, at the price
of $5 per ton, c.i.f. Montreal.
We are, dear Sirs,
Yours truly,
(Signed)       JOS. EOBINSON & Co.,
For the above Company.
London, 26th June, 1879.
Messrs the Ebbw Yale Steel, Iron and Coal Co. (Limited),
messis. uu Ebbw Yale>
r    tleMEN We have pleasure in giving you order for fifteen hundred tons of
IxENTL        '    tQ ^g yard, with necessary steel fish-plates, at the price of £5
steel rails, iojt     ^ delivered c> j. f. Montreal, by the 15th August next.
(hve pounas; y >     drilling, notching, also template, shall be sent you to-mor-
row.    Meantime, We are, Gentlemen,
Yours faithfully,
(Signed)       STEPHENS & EEYNOLDS. 78
The Patent Nut and Bolt Company (Limited),
24 Bodge Bow, Cannon St.,
London, E. O, 4th July, 1879.
Messrs. Stephens and Reynolds .
Gentlemen,—We have very much pleasure in quoting you for the 96,000 bolts
and nuts, say f and 3f cup heads, square necks and square nuts, the price of £10 (ten
pounds) per ton of f. o. b. ship at Newport, oiled and packed in strong iron bound
cases, 2 cwt. each. Terms of payment, net cash delivery to be made within 3 weeks
from date ; the quality to be to your entire satisfaction and subject to approval, and
reception at our works.    Trusting to be favored with the order,
We are, Gentlemen,
Yours respectfully,
THE PATENT NUT AND BOLT CO. (LIMITED),
(Signed)       Alfred W. Jones.
Clements Lane, E. C.
London, 4th July, 1879.
Messrs. The Patent Nut and Bolt Co. (Limited),
24 Budge Row, E. C.
Gentlemen,—We have now pleasure in giving you order for 96,000 fish-bolts and
nuts, in terms of your tender of this date, and we now beg to enclose your tracing.
Kindly let us have four samples bolts, to which you guarantee-the bulk shall be
equal, and let us know when ready for inspection and forwarding. The cases will
be marked as at foot. Please take care that delivery is made in Newport not later
than 25th of this month, and oblige,
Yours very truly,
(Signed)       STEPHENS & REYNOLDS.
Mark for cases.
W
MONTREAL.
I Articles of Agreement entered into this twenty-ninth day of August, in
the year of Our Lord one thousand and eight hundred and seventy-
nine, and made in triplicate.
Between West Cumberland Iron and Steel Company, limited (hereinafter called
the Company), of the first part, and Her Majesty the Queen Victoria, represented
herein by the Honorable Sir Charles Tupper, the Minister of Eailways and Canals of
Canada (hereinafter called the Minister) of the second part.
Witness, that the company, for and in consideration ofthe conditions and agreements hereinafter mentioned, doth hereby agree with Her Majesty, Her successors
and assigns, to manufacture, supply and deliver to the satisfaction ofthe Minister, in
full and perfect accordance with the terms, and agreeably to the true interest and
and meaning of the specification hereunto annexed, marked "A" (which is hereby
declared and agreed to be part and of parcel this agreement, and to be taken and
read as incorporated herewith, and which is hereinafter called the specification), five
thousand tons of steel rails of the standard of the Canadian Pacific Eailway (hereinafter called the railway), together with such quantity and number of steel fish-plates
as may be proportionate and required for laying the said rails on the track of the
railway, and together, also, with such quantity and number of iron bolts and nuts as
may be proportionate to and required for the rails on the track of the railway. The
said delivery ofthe same respectively, to be made on such wharf in the harbor of the
City of Montreal, in Canada, in bond, as the Minister may direct, as follows : Three
thousand tons of the said steel rails, together with the quantity and number of. steel
fish-plates and of iron bolts and nuts, respectively, proportionate to and requisite for
laying the said rails, on or before the first day of October, in the present year, one
thousand eight hundred and seventy-nine, and the balance or remaining quantity of
two thousand of the said steel rails, together with the proportionate quantity and
number of steel fish-plates, and of iron bolts and nuts, respectively, proportionate and
required for laying the said rails, on or before the first day of November, in this
present year, one thousand eight hundred and seventy-nine, time being ofthe essence
of this contract. In consideration whereof, Her Majesty, represented as aforesaid,
doth hereby agree to pay to the company, or their lawful representative, the sum of
four pounds nineteen shillings for each ton of the said rails and fish-plates, for the
same quantity of five thousand tons of the said rails, and proportionate quantity of
fish-plates respectively hereinbefore mentioned, and the sum of nine pounds fifteen
shillings for each ton of the iron bolts and nuts proportionate and required for the
rails, as hereinbefore mentioned. Such weight respectively of the rails, fish-plates,
iron bolts- and nuts being two thousand two hundred and forty pounds per ton, the
whole being payable as follows, that is to say; eighty per cent., or 1 hereabout of the
price of each shipment to be paid to the company on account ofthe same, through
the Bank of Montreal, in the City of London, England, or the financial or other duly
authorized agent of Canada in England, upon production ofthe bills of lading of such
shipment and of the policies or documents of insurance thereupon, and certificates
ofthe inspection by the inspector appointed by the Minister for such purpose, and
the balance or remaining sum of twenty per cent, of the full and entire contract
price uoon the certificate ofthe Engineer-in-Chief of the railway ofthe due fulfilment
of this contract and agreement, and that the full quantity, quality, and weight of the
md iron bolts and nuts has been delivered in full accordance
ition and with this agreement upon the appointed wharf in Montreal
rails, fish-plates
with the specifics
wharfage
ot
expenses
good o'rder and free   from cost or
„bor landing or other dues or
Provided,' and it is hereby agreed, that the acceptance at the
number of tons weight of any shipment of the
nuts or of any of them, respectively, shall not be acceptance
same
the Mi
urance,  freight,
shipping,   ins
in connection with the same.
City of Montreal of any
rails, fish-plates, iron bolts and
of the whole of
tho
or any shipment or delivery upon the wharf of Montreal, as expressed, but
Linister may accept part and reject part of the same, respectively,  where
expressed, but that
the 1
80
same shall not be found to be in accordance with this specification and agreement,
and in any such case the amount of payment for the portion so accepted shall be in
accordance with the terms of this proviso, and the part so rejected shall be left at the
risk, cost and expense of the parties of the first part. And it is hereby further agreed
upon that the I uspector to be appointed in England by the Minister for such purpose
shall have full power to reject any ofthe rails, fish-plates, or iron bolts and nuts which,
in his" opinion, sire not fully and in all respects conformable to and in accordance with
the specification and this agreement, and further, that for securingthe due performance
of this agreement by the company the sum of one thousand two hundred and fifty
pounds, either in bank deposit receipts, or securities to the cash value of the said sum,
or other security approved by the Minister or the Financial or other duly authorized
Agent of Canaua in London, England, shall, within ten days hereafter, be deposited
at the Bank of Montreal in London to the credit of the Financial Minister of Canada,
the same to be disposed of by him for making good any defaults of the company in
due fulfilment of this contract and agreement, but in no case shall Her Majesty or the
Dominion of Canada, or any Minister,Officer or Agent, in their behalf be liable for any
interest on this deposit, or for any loss or diminution in value of such securities. And it is
further agreed that if, from strikes or other extraordinary occurrences beyond their
control, the company shall be unable to complete the said deliveries or either of them
within the times respectively specified, a further period not exceeding three months
shall be allowed for such incomplete delivery, and thereafter only such further time
as the Minister' may by writing allow for such purpose.
In Witness whereof the company hath hereunto caused its corporate seal to be
set and affixed, and the President and Secretary of the company hath hereunto set
their hands, and the Minister hath hereunto set his hand and affixed his seal and
the Secretary of the Department of Eailways and Canals of Canada hath countersigned
the same, on the day and year first above written..
The seal of the West Cumberland Iron
and Steel  Company,   Limited,  was
hereunto set and affixed by
(Signed)    Willam Wilson,
Secretary ofthe of the said company,
and the same signed by
(Signed)   Andrew Green Thompson,
Director, for President and tho said
William Wilson, Secretary in   the
said company in the Province of.
(Signed)   Jos. Hannah,
29th August, 1879.
Signed, sealed and delivered  by the Minister of Eailways  of Canada,  in the
presence of
I Corporate [L.S.]
(Signed)
H. A. Fissiault.
(Signed)   CHAELES TUPPEE,
Minister of Eailways and Canals.
Countersigned,
F. BEAUN, [L.S.]
Secretary, Department of Eailways and Canals,
Canada. 81
THE   SPECIFICATION (A)   BEFERRED  TO IN THE ANNEXED
ARTICLES OF AGREEMENT.
' Canadian Pacific Eailway Specification for Standard Steel Bails 57£ lbs.
and Fastenings.
Rails.
1. The rail
are to be accurately rolled, uniform throughout, true to template*
and of that form known as the Canadian Pacific Eailway Standard.
2. The steel used for rolling the rails must be of the first quality, such as to
secure the best rails manufactured and best suited for the Canadian climate. The
ends are to be cut straight and perpendicular to the axis ofthe rail. The head must
be perfectly smooth, without any defects; the flanges are to be clean and without
'chipping. No attempt to improve defective placos on the rails after rolling is to be
allowed, either by hammering or reheating; likewise, no reheating shall be allowed
for cutting the rails.
The straightening of the rails is to be made when cold by pressure.
Each rail is to be distinctly marked on the web with the initials C.P.E. steel, the
name of the maker and the year of manufacture.
3. The weight of the rail must be as nearly as possible 57J lbs., per yard, and
every means must be taken to secure this weight. When rolling is commenced, and
at other times during the process of manufacture, ten rails, perfectly true to section,
will be weighed, and if found not corresponding with the required weight, such
slight changes in section, as necessary to bring the weight to 57^ lbs., per yard, must
be made. No rail varying more than one per cent, above or below the normal weight
of 57£ lbs., per yard, will be accepted, and no payment for overweight will be made.
4. The general length of rail will be 30, 28, 26 and 24 feet; but a quantity not
exceeding ten per cent, will be received in shorter lengths (22, 20, 19 and 18 feet, in
about equal proportion}, but none under 18 feet. The 19-feet length must be specially
marked with red paint.
The short rails are not to be rolled purposely, but are to be cut out of such long
rails as may have faulty ends.
The length ofthe rails are to be as stated above, and no deviation from the exact
length to be allowed beyond three-sixteenths of an inch, either above or below ; or
a possible extreme variation of three-eighths of an inch between two rails; the one
being all the allowance too long, and the other all the allowance too short.
5. The rails will be drilled (not punched or punched and enlarged) with two
holes near each end. Those holes to be one inch by seven-eighths of an inch, as per
drawing, the centres ofthe holes to be t\ and 1\ inches respectively, from ends of rail.
Two notches will be slotted in the flange at each end of the rail, with corners rounded,
and the whole must be in the positions shewn on drawing.
Every possible care must be taken to render rail and fastening interchangeable.
6. The rails will be inspected during the whole course of manufacture by an
engineer or inspector appointed by the Minister of Railways and Canals of Canada.
Such officer shall have liberty to be present on the works at all hours, and will be
empowered to reject all rails which, in his opinion, do not eome up to the required
standard, both of form and quality. _     _ .,      .„ ,       , .      I       MR
Besides accurate external examination, the rails will be subjected to the-- follow-
in <>■ tests at the contractor's expense :—
I One rail out of each 100 tons (or one or more rails taken at random out of oach
day's make if so required) will be chosen and tested as follows :—
A   A portion of the rails placed on supports four feetapart, mu3t stand, without
fracture, a blow from a ball one ton in weight "
19—6
falling from a height of 20 feet. 52
B. Another portion of the rail, similarly supported, shall be submitted to
successive blows from a ball weighing 3 cwt., from heights of 3 feet, 4 feet and 5 feet,
and the respective deflections are not to exceed £, J and \ inch.
If the first rail taken out of the lot of the 100 tons does not stand the above test,
the lot is to be divided by halves and one rail of each half (50 tons) tested. If these
.tests are unsuccessful the whole lot is to be rejected.
The falling weight tost shall be continued until fracture results and the facts
duly recorded and reported.
All the expenses of testing is to be borne by the makers. The test to be recorded
in a statement signed by the receiving Inspector and by the manufacturer's agent
present at the tests. All rejected rails must be painted in white paint on the two
ends and over the letters C.P.R. on the web on the both sides. The accepted rails
are to be weighed and each stamped at the ends with the initials of the Inspector.
STEEL  FISH-PLATES.
1. The fish-plates are to be of a section to fit the Canadian Pacific standard rail
and of a similar quality of tough, mild steel as the rails, and subject to such teste as
ma}T bo required.'
2. A template will be furnished to which two sample plates shall be made and,
when approved by the engineer, they shall be the standard of finish and weight.
3. They are to be twenty inches long, square at ends, perfectly straight and
smooth on every surface, and of uniform section throughout.
4. Each fish-plate must be punched hot with four holes, as shown on drawing;
these holes must be clean and true, square through the plate, and exactly in the centre
of the width, free from buns on either side, and perfectly accurate in size and
position.
5. Every means must be taken to make the fish-plates uniformly true to template,
and exactly according to drawing, so as to fit the rails perfectly and interchangeably.
6. The fish-mlates to be dipped to prevent rusting, and then properly secured in
bundles of ten in the usual manner for shipment.
BOLTS AND  NUTS.
1. The bolts £ inch in diameter, 3f inch long, to be made with cup heads and
square necks, in accordance with the drawing, the nuts are to be square.
2. The iron is to be of a tough, fibrous quality, equal to best Staffordshire, and
shall bo subject to the approval of the inspecting engineer.
3. The workmanship and finish must be of the best description, great care being
taken that the internal faces of the bead and nut are exactly square with the axis
of the bolt.
4. The bolt heads and necks must be solid. The threads of screws to be Whit-
worth's standard, ten to the inch, clearly cut, to fit lightly into the nuts and made so
as to hold throughout their entire length.
5. Samples to be submitted to and approved by the inspecting engineer before j
the work is commenced, and the whole must be subject to close inspections at all :
tii^es.
6. The bolts and nuts are to be heated and dipped to prevent rusting, and packed|
in strong iron-bound casos, each case to contain not over 2 cwt.
(Signed)       SANDFOED FLEMING,
I I Engineer-in-Chief.
Ottawa, July 15th, 1879. y '
West Cumberland Iron and Steel Company, (Limited.)
(Signed)       WM. WILSON,
Aug. 29th, 1879. Secretary. 83
19h.
A.
CANADIAN   PACIFIC  RAILWAY,
SPECIFICATION
Of Combined Passenger and Freight Building.
1. The materials required for the framing and finishing ofthe walls, partitions,
a'oof, &c, to be of the  best quality of their several kinds.   The timber for   the
carpenter   work may be spruce, that for the joiner work and sheating to be of
=white pine.    The timber to be cut die square, perfectly sound, free from shakes, large
height of rooms and internal  arrangements   are
chambers of the second story will not be finished
knots, and all other defects
2. The general dimensions
^shown on the drawings.   The
.inside.
3. The buildings and platforms will be erected on cedar or tamarac mud sills,
firmly bedded. The ground over the several sites will be excavated and levelled
where necessary for this purpose.
4. The frame work consists of a sill and wall plate 6in. x 4in. half checked
-at joinings and corners and spiked. Upright posts 6in. x 6in. to be set at each corner
of building, on each side of door and window openings and under brackets. Intermediate posts 6 in. x 4 in. to be placed at distances not exceeding 4ft. The girts
•"^, x 2in,, to be placed about 2ft. 6in. apart, gained into'posts and properly nailed.
■6in.
•Outer walls to have studding necessary for lathing purposes.   All to  be properly
trimmed for doors and windows.
5. The outer walls of the building to be covered with lin. rough square edged
merchantable pipe timber, in widths of 9 inches, of sufficient length to reach from
the lower side of sill to under side of roof boarding, and nailed properly with 3in.
cut nails.
6. After the boards are nailed on, the joints are to be covered with best 3in x
lin. battens of pine, cut in one length same as boards, and nailed with 2*in cut nails.
7. The roof to be constructed as shown, the rafters to be of 9 x 2 placed at 2ft.
■6in. centres and connected by a collar beam 9 x2. The rafters to project 7ft. over
the walls of the building.
8. The projecting portions of roof to be supported by good strong pine brackets,
made from 6in. x 6in. scantling, having moulded ends, and to be strongly bolted to
posts of building. ,.,„.. , ,   , ,       ,
9. The rafters to be covered with lm. pine or spruce, matched boards, not more
than 9 inches wide, the joints broken where practicable, and properly nailed with 3in.
out nails, three nails to each board on each bearing.
10 The roof boards to be covered with the best pine or cedar shingles laid in
mortar' and not more than four inches to the weather, well nailed to boards about six
inches above the butt. y'li-7-* vJ ;V      ,       ■,      ., ,, 01
11. The roof to be finished with saddleboards 6 inches broad, and a ridge roll 2$
inches in diameter. W^'^ttMM a    fh i •    _ 11 a
12 The underside of projections of roof shall be covered with lin. well seasoned
nine boards planed, grooved andtongued, and not more than 4in. wide. The ends
of the rafters and roof boarding to be finished off with box cornice and a facia boarding, to detail, as shown on drawing.
13 The floor joists to be 12 in. x 3 in. planks, 18 in. from centres, bridged with
two rows of 1 in. x 3 in. crossed bridging.   The joists in office and waiting rooms to
19—6* 84
bo covered with a double floor.   First with  1 in. boards nailed with 3 in. cut spikes,,
then with l| in. planed, grooved and tongued flooring nailed to floor below with 4 in.
cut spikes.   The joists in office and waiting-room to  be counter-floored.    Fillets
1 in. x 1J in. well nailed, covered with rough boarding, and to have a good coat or
hair mortar.
14. The partition wall between freight room and office to be of 2 in. x 6 in studding. The other partitions will be set throughout as shown by the plans, studs 2 in.
x 4 in. set 16 in. from centres. Studs for door-jams and projecting angles to be 4 in.
x 4 in. or set double.
15. Fix grounds around the window and door openings, and for top of base and
skirting to fini&h flush with the plastering, and finish all angles with corner bead.
16. The windows to have double frames, pulley stiles 1* in. thick, sashes. 2 in.
thick, throated and moulded, single hung, furnished with pulleys, cords and weights,
and with all necessary fastenings; to have outside and inside linings, and wickets-
placed where shown on plan.   The glass for windows and ransoms to be of 21 oz.
Chance's Smethwick.
17. The outside doors of waiting rooms to be as shown on drawing, framed of
2-inch pine plank with panels and mouldings, provided with strong hinges, latches-
and approved locks. The inside doors to be If inches thick, framed with panels-
and mouldings, and provided with all necessary hinges and locks. The freight,
room doors to be made from 2-inch seasoned pine, and fitted in with two thicknesses
of grooved and tongued stuff placed diagonally and well fastened. To slide on?
rollers from centre to each side in a frame built inside, and to be provided with
rollers, fastenings and locks.
18. The walls of the waiting rooms, office, baggage room and closets to be?
sheathed to the height of four feet with pine sheathing, planed, matched and beaded,
put on vertical, and finished with a neat cap. The walls under the sheathing to-
receive a coat of plaster.
19. The ceilings, walls and partitions of the office, waiting rooms, baggage
room and closets to be lathed, breaking joint, with good sound laths, and the whole
to be covered with three coats of plaster, the first coat to have sufficient hair mixed
with it to ensure perfect adhesion. The mortar to be composed of fresh burned
lime and clean coarse sand to approval.
20. The inside of the freight room to be lined with 1-inch pine boards 9 inches-
wide, from the floor upwards to a height of 8 feet 6 inches. The whole to be well
nailed with 3-inch cut nails to posts and girts. The floor to be of good sound 3-inch
plank, well nailed to joists with 6-inch cut spikes.
£1. A " Moulds " earth closet of approved pattern to be furnished and put in
where shown or directed ; to have seat fitted up in the usual manner j the seat to
have a cover secured at the back with two butt hinges.
22. A strong platform will be framed, from 3-inch plank, as may be directed to
carry chimney, which will be built of best quality of brick, finished at top as shewn
on drawings.
23. The whole ofthe internal and external woodwork, except the shingles to be
properly primed, knotted and stopped, and will be painted with three coats of best
anti-corrosive paint and linseod oil, of an approved light stone color. The shingles-
to be painted two coats anti-corrosive paint and linseed oil and finished of an approved
slate color.
24. The platforms to be of the dimensions shown on the plan,  supported  on
flatted cedar or tamarac sills and joists as shown, the whole to be planked crosswise
with good sound 3-inch plank, the edge next the track to be level with the surface of
the rail, and tho platform to incline upwards four inches, to the level of the floor of
waiting room.    In front of freight room a freight platform 8 ft. wide and 3 ft. 9 in
above top of rail to be built as shown.
25. This specification, together with the plan exhibited, are to be taken as giving-
a general idea of the work required, and any omissions in either are not to be
considered as invalidating the contract, and parties tendering must embrace every-
1 85
thing in their tender, whether mentioned or not, as they will be required to complete
"the work according to the true intent and meaning of this specification and plan for
the contract rate.
26. The contractor shall, at his own expense, from time to time, insure against
loss by fire, and make the policies over to the Minister of Eailways and Canals, for
the amount of moneys advanced on the work.
27. The contractor, finding all material and labour, shall complete the buildings
for the contract price. He shall commence operations immediately after the contract
has been executed, and make such progress as shall secure their completion, ready
for occupation, by the time mentioned in the form of tender.
28. No tender will be entertained, unless on one of the printed forms prepared
for the purpose, nor unless an accepted bank cheque for two hundred dollars accompanies the tender, which shall be forfeited if the party tendering declines or fails to
•enter into contract for the works, when called upon to do so, at the sum stated in the
offer submitted. In the event of a tender not being accepted, the cheque will be
returned.
29. For the due fulfilment of this contract, satisfactory security will be required,
by the deposit of money, public or municipal securities, or bank stock, to the amount
of about five per cent, on the bulk sum of the contract, of which the sum sent in with
the tender will be considered a part.
30. The contractor shall provide sureties to the satisfaction of the Minister of
Eailways and Canals, and who, with himself, shall sign a contract, embodying this,
specification and other clauses usual in such agreements.
31. Payments will be made as the work progresses, on certificate ofthe engineer,
with 10 per cent, deduction, until the contract has been duly fulfilled.
32. The Government does not bind itself to accept the lowest, or any tender.
Canadian Pacific Eailwat Office,
Ottawa, 15th Juno, 1879.
S ANDFOED FLEMING,
Engineer-in-Chief* 86
This Indenture made the fifteenth day of August, one thousand eight hundred and
seventy-nine, between RICHAED DICKSON, of Selkirk, in the Province of
Manitoba, House-builder and Carpenter, hereafter called "the Contractor ot
the first part, and Her Majesty Queen Victoria represented herein by the
Minister of Railways and Canals, of the second part, WITNESSETH, that in,
consideration of the covenants and agreements on the part of Her Majesty hereinafter contained, the contractor convenants and agrees with Her Majesty as-
follows:
Work.—Engineer.
1. In this contract the word "work" or "works" shall, unless the context require a different meaning, mean the whole of the work and the materials, matters and
things required to be done, furnished and performed by the contractor under this
contract. The word " engineer," shall mean the chief engineer for the time being-
having control over the work, and shall extend to and include any of his assistante
acting under his instructions, and all instructions or directions, or certificates given
or decisions made by any one acting for the chief engineer, shall be subject to his-
approval, and may be cancelled, altered, modified and changed, as to him may see
fit.
On whom Binding.
2. All covenants and agreements herein contained shall be binding on and extend to the executors and administrators of the contractor, and shall extend to and)
be binding upon the successors of Her Majesty, and wherever in this contract Her
Majesty is referred to, such reference shall include her successors,, and wherever tho
contractor is referred to, such referenco shall include his executors and administrators.
Labor, Plant and Material.—Time for Completion.—Materials and Workmanship.
3. That the contractor will, at his own expense, provide all and every kind!
of labor, machinery and other plant, materials, articles, and things whatsoever necessary for the due execution and completion of all and every the works set out or
referred to in the specifications hereunto annexed and marked A, and set out or
referred to in tbe plans and drawings prepared and to be prepared for the purposes
of the work, and will execute and fully complete the respective portions of such
works, and deliver the same complete to Her Majesty, on or before the first day of
November, A.D. eighteen hundred and seventy-nine, now next ensuing. The said
work to be constructed of the best materials of their several kinds, and finished in the
best and most workmanlike manner, in the manner required by and in strict conformity with the said specifications and drawings which may from time to time be furnished (which said specifications are hereby declared to be part of this contract) and
to the complete satisfaction of the chief engineer for the time being having control
over the work.
Omissions to be Made Good*
4. The aforesaid specification and the several parts of this contract shall be
taken together, to explain each other, and to make the whole consistent; and if it
be found that anything has been omitted or mis-stated, which is necessary for
the proper performance and completion of any part of the work contemplated, the
contractor will, at his own expense, execute the same as if it had been properly
described, and the decision of the engineer shall be final as to any snch error or
omission, and the correction of any snch error or omission, shall net be deemed to be
un addition to or deviation from the works hereby contracted for.
I
\
\ Engineer may Order Extra Work and Make Changes.
ii\Ttie °hief enSineer> with the sanction of the Minister of Eailways and Canals,
shall be-at liberty at any time, either before the commencement or during the construction of the works or any portion thereof, to order any work to be done, and to
make any changes which he may deem expedient in the character, nature, location,
or position ofthe works, or any part or parts thereof, or in any other thing connected
with the works, whether or not such changes diminish the work to be done, or the
cost of doing the same, and the contractor shall immediately comply with all written
requisitions of the engineer in that behalf, but the contractor shall not make any
change in, or addition to, or omission, or deviation from the works, unless directed by
the engineer, and shall not be entitled to any payment for any change, addition, or
deviation, unless such change, addition, omission, or deviation shall have been first
directed in writing by the engineer, and notified to the contractor in writing, nor
unless the price te- be paid for any additional work shall have  been previously fixed
by the Minister in writing, and the decision of the engineer as to whether any such
change or deviation increases or diminishes the cost of the work, and as to the amount
to be paid or deducted, as the case may be, in respect thereof, shall be final, and the
obtaining of his certificate shall be a condition precedent to the right of the contractor
to be paid therefor.    If any such change or alteration constitutes, in the opinion of
the said engineer, a deduction from the works, his decision as to the amount to be
deducted on account thereof shall be final and binding.
Changes shall not Invalidate Contract.
6. That ail the clauses of this contract shall apply to any changes, additions, or deviations, in like manner, and to the same extent, as to the works at present projected, and no changes, additions, deviations or variations shall annul or invalidate
this contract. y
Limit of Expenditure under this Contract.
1. It being the intention that the cost of the work to be done under  this
contract be limited to the sum of Fifteen   Thousand   Eight Hundred   and   Two
Dollars and Forty Cents, which sum is to be taken as the maximum amount of this
contract, not to be exceeded; it is hereby specially agreed that should it, at any time
during the execution of the said work, appear from the cost of the work then performed, as compared with the value of the works still to be done, that such maximum
amount will be exceeded, whether by reason of additions, alterations, variations, for
any other cause whatsoever, the contractor will then be required to complete only
such portion ofthe works herein contemplated as will be indicated by the engineer,
with the view to limit the total expenditure under this contract, to the maximum
above stated; and so soon as the said maximum amount will 'be expended, this contract will then be considered as' ended, and the contractors will not thereafter be
entitled to continue the works under this contract, or to receive any further payment
beyond the Baid maximum amount, unless the Minister should authorize and direct further expenditure; in which case, it is understood that the Minister will have tho right .
(which is hereby expressly reserved) to direct that any works, which may then
remain to be done, shall be executed under this contract; and the contractor hereby
agrees to execute the same at the rates or prices hereinafter mentioned, as if these
remaining works formed part of this contract.    Provided also, that in case, the said
works on completion, by reason of alterations, variations, deviations, diminutions,
omissions or otherwise, should not amount to the total sum above mentioned, the
contractor will not be entitled to the payment of the difference in cost, whatsoever
the same may be.   No compensation shall, in any case, be claimable by the contractor
for any loss of anticipated profits. •
88
Engineer to be Sole Judge of Work, Material, &c.
8. That the engineer shall be the sole judge of work and material in respect of
both quantity and quality, and his decision on all questions in dispute with regard to
work or material, or as to the meaning or iutention of this contract, and the plans,
specifications and drawings shall be final, and no works or extra or additional works
or changes shall be deemed to have been executed, nor shall the contractor be
entitled to payment for the same, unless the same shall have been executed to the
satisfaction of the engineer, as evidenced by his certificate in writing, which certificate shall be a condition precedent to the right of the contractor to be paid therefor.
Schedule of Prices.
9. It is hereby distinctly understood and agreed, that the repective portions of
the works set out or referred to in the list or schedule of prices to be paid for the different kinds of work, include not merely the particular kind of work or materials
mentioned in said list or schedule, but also all and every kind of work, labor, tools
and plant, materials, articles and things whatsoever necessary for the full execution
and completing ready for use of the repective portions of the works to the satisfaction ofthe engineer. And in case of dispute as to what work, labor, materials, tools
and plant are or are not so included, the decision ofthe engineer shall be final and
conclusive.
Foreman.
10. A competent foreman is to be kept on the ground by the contractor during
all the working hours, to receive the orders of the engineer, and should the person so
appointed be deemed by the engineer incompetent, or conduct himself improperly,
he may be discharged by the engineer, and another shall at once be appointed in his
stead; such foreman shall be considered as the lawful representative of the contractor, and shall have full power to carry out all requisitions and instructions of the
said engineer.
■■&'
Unsuitable Material or Imperfect Work.
II. In case any material, or other things, in the opinion of the engineer not in
accordance with the said several parts of this contract, or not sufficiently sound or
otherwise unsuitable for the respective works, be used for or brought to the intended
works, or any part thereof, or in case any work be improperly executed, the engineer
may require the contractor to remove the same, and to provide proper material or
other things, or properly re-execute the work, as the case, may be, and thereupon the
contractor shall and will immediately comply with the said requisition, and if twenty-
four hours shall elapse and such requisition shall not have been complied with, the
engineer may cause such material, or other things, or such work, to be removed;' and
in any such case the contractor shall pay to Her Majesty all such damages and
expense as shall be incurred in the removal of such material, materials or other
things, or of such work; or Her Majesty may, in Her discretion, retain and deduct
such damages and expenses from any amounts payable to the contractor.
All Plant and Material to Become Property of Her Majesty.
12. All machinery and other plant, materials and things whatsoever, provided
by the contractor for the works hereby contracted for, and not rejected under the
provisions ofthe last preceding clause, shall from the time of their being so provided
become, and until the final completion of the said works, shall be the property of Her
Majesty for the purposes of the said works, and the same shall on no account be taken
away, or used or disposed of except for the purposes of the said works, without the 1
89
consent in writing ofthe engineer, and Her Majesty shall not be answerable for any
loss or damage whatsoever which may happen to such machinery or other plant,
material or things, provided always that upon the completion ofthe works and upon
payment by the contractor of all such moneys, if any, as shall be due from him to
Her Majesty such ofthe said machinery and other plant, material and things as shall
not have been used and converted in the works, and shall remain undisposed of shall,
upon demand, be delivered up to the contractor.
Insufficient Machinery.—Material or Labour to be Increased.
13. If the engineer shall at any time consider the number of workmen, horses or
quantity of machinery or other plant, or the quantity of proper materials, respectively
employed or provided by the contractor on or for the said works, to be insufficient
for the advancement thereof towards completion within the limited times, or that the
works are, or some part thereof is not being carried on with due diligence, then in
every such case the said engineer may, by written notice to the contractor, require
him to employ or provide such additional workmen, horses, machinery or other
plant or materials as the engineer may think necessary, and in case the contractor
shall not thereupon, within three days, or such other longer period as may be fixed
by any such notice, in all respects comply therewith, then the engineer may, either
on behalf of Her Majesty, or if he see fit, may, as the agent of and on account of
the contractor, but in either case at the expense of the contractor, provide and employ
•such additional workmen, horses, machinery and other plant, or any thereof or such
additional and materials respectively, as he may think proper, and may pay such
additional workmen such wages, and for such additional horses, machinery or other
plant and materials respectively, such prices as he may think proper, and all such
wages and prices respectively shall thereupon at once be repaid by the contractor,
or the same may be retained and deducted out of any moneys at any time payable to
the contractor: and Her Majesty may use, in the execution or advancement of the
said work, not only the horses, machinery and other plant and materials so in any
case provided by anyone on Her behalf, but also all such a3 may have been or may be
provided by or on behalf of the said contractor.
Delay in Execution.— Work may be taken out of Contractor's Hands.
14. In case the contractor shall make default or delay in diligently continuing
to execute or advance the works to the satisfaction ofthe engineer, and such default
of delay shall continue for six days after notice in writing.shall have been given by
the engineer to the contractor requiring him to put an end to such default or
delay, or in case the contractor shall become insolvent, or make an assignment for
the benefit of creditors, or neglect, either personally or by a skilful and competent
agent, to superintend the works, then in any of such cases Her Majesty may take the
work out of the contractor's hands and employ such means as She may see fit to
complete the work, and in such cases the contractor shall have no claim for any
further payments in respect of the works performed, but shall nevertheless remain
liable for all loss and damage which may be suffered by Her Majesty by reason of
the non-completion by the contractor of the works; and all materials and things
whatsoever, and all horses, machinery and other plant provided by him for the pur-
poses of the works, shall remain and be considered as the property of Her Majesty
for the purposes and according to the provisions of the said conditions contained
in the twelfth clause hereof.
Contractor to take Risk of all Loss or Damage.
15. The contractor shall be at the risk of and shall bear all loss or damage
whatsoeever, from whatsoever cause arising, which may occur to the works, or any
of them   until the same be fully and finally completed and delivered up to and ac- 1
90
cepted by the said Minister for the time being; and if any such loss or damage occur
before such final completion, delivery and acceptance, the contractor shall immediately, at his own expense, rep:tir, restore and re-execute the work so damaged, so
that the whole works, or the respective parts thereof, may be completed within the
time hereby limited.
Contractor to have no Claim for Delay.
16. The contractor shall not have or make any claim or demand, or bring any
action or suit or petition against Her Majesty for any damage which he may
sustain by reason of any delay in the progress of the work, arising from the acts of
any of Her Majesty's agents, and it is agreed that in the event of any such delay the
Contractor shall have such further time for the completion of the works as may be
fixed in that behalf by the Minister for the time being.
Contractor not to make Assignment.— Work may be taken out of Contractor's Rands.
17. The contractor shall not make any assignment of this contract, or any subcontract, for the execution of any of the works hereby contracted for and in any
event no such assignment or sub-contract, even though consented to, shall exonerate
the contractor from liability, under this contract, for the due performance of all the
work hereby contracted for. In the event of any such assignment or sub-contract
being made, then the contractor shall not have or make any claim or demand upon
Her Majosty for any future payments under this contract for any further or greater
sum or sums than the sum or sums respectively at which the work or works so assigned
or sub-contracted for shall have been undertaken to be executed by the assignee or
sub-contractor; and in the event of any such assignment or sub contract being made
without such consent, Her Majesty may take the work out of the contractor's hands,
and employ 6uch means as she may see fit to complete the same; and in such case
the contractor shall have no claim for any further payment in respect of the works
performed, but shall nevertheless remain liable for all loss and damage which may be
. suffered by Her Majesty by reason of the non-completion by the contractor of the
works; and all materials and things whatsoever, and all horses, machinery and other
plant provided by him for the purposes of the works, shall remain and be considered
as the property of Her Majesty for the purposes and according to the provisions and
conditions contained in the twelfth clause hereof.
18. Time shall be deemed to be ofthe essence of this contract.
Contractor Responsible.for Damage.
19. The contractor shall be responsible for all damages claimable by any person
or corporation whatsoever, in respect of any injury to persons or to lands, buildings,
ships or other property, or in respect of any infringement of any right whatsoever,
occasioned by the performance ofthe said works, or by any neglect or misfeasance
or non-misfeasance on his part, and shall and will at his own expense, make such
temporary provisions as may be necessary for the protection of persons, or of lands,
buildings, ships or other property, or for the uninterrupted enjoyment of all rights
of persons or corporations, in and during the performance of the said works.
Failing to pay Salaries or Wages.
20. If the contractor fail at any time in paying the salaries or wages of any
person employed by him upon or in respect of the said works, or any of them, and
any part of such salary be one month in arrear, or if there be due to any such person
one month's wages or salary, the engineer may notify the contractor to pay such
salary or wages, and if two days elapse and the same.be not paid in full up to the
date of payment or to such other date as may be in accordance with the terms of 91
employment of such person, then Her Majesty may pay to such person salary or
wages from any date to any date, and to any amount which may be payable, and
may charge the same to the contractor, and the contractor covenants with' Her
Majesty to repay at once any and every sum so paid.
Stakes and Marks to be Protected..
21. The contractor will protect and will not remove or destroy or permit to be
removed or destroyed, the stakes, buoys and other marks placed on or about the
said works by the engineers of the works, and shall furnish the necessary assistance
to correct or replace any stake or mark which through any cause may have been removed or destroyed.
Contractor's Address.
22. Any notice or other communication mentioned in this contract to be notified
or given to the contractor shall be deemed to be well and sufficiently notified or
given, if the same be left at the contractor's office or mailed in aDy post office, to the
contractor or foreman, addressed to the address mentioned in this contract, or to the
contractor's last known place of business.
Schedule of Prices.
23. And Her Majesty, in consideration of the premises, hereby covenants with
the contractor, that he will be paid for and in respect of the works hereby contracted for, and in the manner set out in the next clause hereof the several prices or
sums following, viz:
10
18
26
35
43
54
63
70
77
85
lEmerson..
Penza..
300 ft. by 12 ft., |
by 12 ft., along
Station building, 120 ft. by 24 fc ;   platform,
along front, and with end rear portions....
Station building, 60 by 24; platform, 300 ft
front, and -with end and rear portions .;i||.	
Arnaud jPlatform only, 100 ft. by 12 ft., indluding raised portion	
Dafrost  I Platform only, 100 ft. by 12 ft, including raised portion	
Otterburn Station building, 60 by 24; platform, 300 ft-by 12 ft., along
front, and with end and rear portions	
NTverville'.. Station building, 60 by 24; platform^ 300 ft. by 12 ft., along
front, and with end and rear portions	
Platform only, 100 ft. by 12 ft., including raised portion	
Station building, 120 ft. by 24 ft., platform, 300 ft. by 12 ft.,
along front, and with end and rear portions	
Platform only, 100 ft. by 12 ft., including raised portion	
Gonor  Platform only, 100 ft. by 12 ft., including raised portion	
Selkirk.". iStation building, 60 ft. by 24 ft.; platform, 300 ft, by 12 ft,
along front, and witn end and rear portions	
St. Norbert.
St. Boniface
Total
Payments.
$   cts.
3,340 40
2,030 40
200 00
200 00-
2,030 40
2,030 40
200 00
3,340 40
200 00
200 00-
2,030 40
15,802 40-
24. Cash payments equal to about ninety per cent, of the value of the work done,
armroximately made up from returns of progress measurements and computed at the
prices agreed upon or determined under the provisions of this contract, will be made 92
to the contractor monthly on the written certificate of the engineer that the work
for or on account of which the certificate is granted, has been duly executed to his
satisfaction, and stating the value of such work computed as above mentioned—and
npon approval of such certificate by the Minister, for the time being, and the said
certificate and such approval thereof shall be a condition precedent to the right of the
contractor to be paid the said ninety per cent, or any part thereof. The remaining
ten per cent, shall be retained until the final completion of the whole work to the
satisfaction of the Chief Engineer for the time being, having control over the work,
and within two months after such completion the remaining ten per cent, will
be paid. And it is hereby declared that the written certificate of the said engineer
certifying to the final completion of said works to his satisfaction shall be a condition precedent to the right of the contractor to receive or be paid the said remaining
ten per cent., or any part thereof.
Monthly Estimates.
25. It is intended that every allowance to which the contractor is fairly
entitled will be embraced in the engineer's monthly certificates; but should the contractor at any time have claims of any description which he considers are not
included in the progress certificates, it will be necessary for him to make and
repeat such claims in writing to the engineer, within fourteen days after the date of
■each and every certificate in which he alleges such claims to have been omitted.
Claims by Contractor.
26. The contractor, in presenting claims of the kind referred to in the
last clause, must accompany them with satisfactory evidence of their accuracy, and
the reason why he thinks they should be allowed. Unless such claims are
thus made during the progress ofthe work, within fourteen days, as in the preceding
•clause, and repeated, in writing, every month, until finally adjusted or rejected,
it must be clearly understood that they shall be forever shut out, and the contractor
*hall have no claim on Her Majesty in respect thereof.
Progress Measurements.
27. The progress measurements and progress certificates shall not in any respect
be taken as an acceptance ofthe work or release of the contractor from responsibility
in   respect   thereof,  but   he shall   at the conclusion of the  work deliver over
the same in good order,
according to the true intent and meaning of this contract.
Operations may be Suspended—Resumed.
28. Her Majesty shall have the right to suspend operations from time to time at
any particular point or points or upon the whole of the works, and in the event of such
right being exercised so as to cause any delay to the contractor, then an extension
of time equal to such delay or detention, to be fixed by the Minister as above provided for, shall be allowed him to complete the contract, but no such delay shall
vitiate or avoid this contract or any part thereof or the obligation hereby imposed or
any concurrent or other Bond or Security for the performance of this contract, nor
shall the contractor be entitled to any claim for damages by reason of any such suspension of operations. And at any time after operations have been suspended either
in whole or part—such operations may be again resumed and again suspended, and
resumed, as Her Majesty may think proper. And upon the contractor receiving
written notice on behalf of Her Majesty that the suspended operations are to be
resumed, the contractor shall at once resume the operations and diligently carry on
khesamo. &      J        J 93
Appropriation by Parliament.
29. Should the amount now voted by Parliament and applicable towards payment for the work hereby contracted for, be at any time expended previous to the
completion of the works, the Minister for the time being may give the contractor
written notice to that effect. And upon receiving such notice the contractor mayr
if he thinks fit, stop the work—but in any case shall not be entitled to any payment
for work done, beyond the amount voted and applicable as aforesaid—unless and
until the necessary funds shall have been voted by Parliament in that behalf. And
in no event shall the contractor have or make any claim upon Her Majesty for any
damages or compensation by reason of the said suspension of payment, or by reason
of any delay or loss caused by the stoppage of work.
Spirituous IAquors.
30. The contractor  shall  not permit,  allow,  or
spirituous liquors on or near the works.
encourage
the sale of   a
n7
No Sunday Labour.
31. No work whatever shall at any time or place be carried on during Sunday,
and the contractor shall take all necessary steps for preventing any foreman, or
agent, or men from working or employing others on that day.
' Chief Engineer to be Arbitrator.
32. It is hereby agreed that all matters of difference arising between tho
parties hereto upon any matter connected with or arising out of this contract, the
decision whereof is not hereby especially given to the engineer,—shall be referred to
the award and arbitration of the Chief Engineer for the time being having control
over the works, and the award of such engineer shall be final and conclusive; and it
is hereby declared that such award shall be a condition precedent to the right of the
contractor to receive or be paid any sum or sums on account, or by reason of such
matters in difference.
33. It is distinctly declared that no implied contract of any kind whatsoever, by
or on behalf of Her Majesty, shall arise or be implied from anything in this contract
contained, or from any position or situation of the parties at any time, it being
clearly understood and agreed upon that the express contracts, covenants and agreements herein contained and made by Her Majesty, are and shall be the only
contracts, covenants and agreements upon which any rights against Her are to be.
founded.
34. This contract is hereby, pursuant to the provisions ofthe 8th section of the
Statute, 41st Victoria (1878), chapter 5, made subject to the express condition that
no Member of the House of Commons of Canada shall be admitted to any share or
part of such contract, or to any benefit to arise therefrom.
Contract may be Cancelled.
35. In the event of it becoming advisable in the interests of the public to suspend
the work hereby contracted for, or any portion thereof, at any time before its completion, and to put an end to this contract, the Minister for the time being shall have
full power to stop the work and to cancel this contract, on giving due notice to that
effect to the contractor. The contractor, however, will be entitled to receive payment for all sums then due for work already done, materials used or delivered, or
ready to be used, or in course of preparation, together with such reasonable compensation as will cover all bond fide damages, if any, resulting therefrom, and as may
then be agreed upon ; or, in  case of disagreement, as may be determined by the fl
94
i
Official Arbitrators of the Dominion of Canada; it being understood, however, that
no compensation will be allowed to or claimed by the contractor for materials
procured for the works, after the date ofthe service ofthe notice above referred to,
or for any loss of anticipated profits, either in respect of the works so suspended as
aforesaid, or of the materials then procured for said works.
In Witness whereof, the contractor hath hereto set his hand and seal and
these presents have been signed and sealed by the said Minister, and countersigned
by the Secretary of the Department, on behalf of Her Majesty.
Signed,  sealed and delivered by the    "|
contractor in presence of >
(Signed)       James H. Eowan. )
Signed, sealed and delivered by the ^
Minister, and countersigned by the 1
Secretary, in the presence of
(Signed)       H. A. Fissiault.
(Signed)
E. DICKSON, [L.S.]
(Signed) CHAELES TUPPEE,
Minister of Eailways and Canals.
(Signed) F. BEATJN,
Secretary. [L.S.]
SUEETIES' INDENTUEE.
This Indenture, made the fifteenth day of August, one thousand eight hundred and
seventy-nine, between JO HN McKECHNIE, of Winnipeg, in the Province of
Manitoba, and WILLIAM W. McMELLAN, of the same place, carrying on
together the business of General Merchants, as partners, under the name, style
and firm of " McKechnie & McMillan," and JAMES McLENAGHEN, of Winnipeg, Merchant, in the said Province of Manitoba, hereinafter called " The
Sureties," of the first part, and Her Majesty Queen Victoria, of the second part.
WITNESSETH, that the sureties hereby for themselves, and each of them, their
and each of their heirs, executors and administrators, jointly and severally, covenant
with Hor Majesty and Her Successors, that the contractor named in the hereunto
annexed Indenture, his executors and administrators, shall and will from time to
time, and at all times, well and truly porform, keep and abide by all and singular the
covenants, agreements and conditions in said Indenture contained, and on his part
to be performed, kept and abided by. And the sureties, further, covenant and agree
with Her Majesty and Her Successors, that all the rights, privileges and powers
which may, by virtue of the said Indenture, be exercised by or on behalf of
Her Majesty, or by the engineer or engineers, or other persons mentioned in
said Indenture, may be so exercised without notice to the said sureties, and without
in any way releasing or interfering with the liability of the sureties under
their covenants herein contained.
In witness whereof, the parties hereto have hereunto set their hands and seals.
Signed, sealed and delivered        f (Signed)
in presence of ■< (Signed)
fSigned)     James H. Eowan.    ( (^Signed)
JOHN McKECHNIE.
william McMillan.
JAS. McLENAGHEN.
Seal.]
Seal.J
"Seal.] "I
95
(19 i.)
Articles of Agreement entered into this eleventh day of September, in the year
one thousand eight hundred and seventy nine, and made in triplicate between
GEOEGE THOMAS CLAEK, of Do wlais, Wales, sole Trustee under the will ofthe
late Sir John Guest, Baronet, and now carrying on business as manufacturer at Dow-
lais Steel and Iron Works under the name or firm of" GUEST A "NT) COMPANY"
(hereinafter called " the Company"), and HEE MAJESTY QUEEN VICTOTIA,
represented herein by the Honorable SIB CHARLES TUPPER, the Minister of
Eailways and Canals of Canada, hereinafter called the " Minister," of the second
part;
Witnesseth, that the company, for and in consideration of the conditions and
agreements hereinafter mentioned, doth hereby agre to and with Her Majesty her
successors and assigns, to manufacture, supply and deliver, to tho satisfaction of the
Minister in fnll and perfect accordance with the terms and agreeably to the true
intent and meaning of the specification hereunto annexed marked A, (which ie hereby declared and agreed to be part and parcel of this agreement, and to be taken and
read as incorporated herewith, and which is hereinafter called the " Specification,")
ten thousand tons of steel rails of the standard of the Canadian Pacific Kailway
(hereinafter called the "- Eailway," together with such quantity and number of steel
fish-plates as may be proportionate and required for laying the said rails on the track
of the railway.
And together also with such quantity and number of iron bolts and nuts as
may be proportionate to and required for the rails on the track ofthe said railway.
The said delivery ofthe same respectively to be made as to the first quantity of Five
Thousand tons at the option of the company on such wharf at Point Levi, opposite
the City of Quebec, or in the City of Montreal, in Canada, and as to-the second quantity of Five Thousand tons on such wharf at PointLevi, aforesaid, in bond as the
Ministemnay direct, as follows: Five Thousand tons of the said steel rails, together
with the quantity and number of steel fish-plates and of iron bolts and nuts
respectively proportionate and requisite for laying the said rails, on or before the
firstday of October in the present year one thousand eighthundred and seventy-nine.
And the balance or remaining quantity of Five Thousand tons of the said steel rails,
together with the proportionate quantity and number of steel fish-plates and of iron
bolts and nuts respectively proportionate and requisite for laying the said rails, on or
before the first day of June in the year one thousand eight hundred and eighty, time
being of the essence of this contract. In consideration whereof, Her Majesty's repre-
sentaive as aforesaid Doth hereby agree to pay to the company, or their lawful
representative, the sum of four pounds seventeen shillings and six pence for each ton
of the said rails for tho said quantify of five thousand tons of the said rails firstly
hereinbefore mentioned, and the sum of five pounds seventeen shillings and sixpence
for each ton of steel fish-plates, and the sum of twelve pounds for each ton ofthe
iron bolts and nuts respectively proportionate and required for the rails firstly
hereinbefore mentioned, and the sum of five pounds for each ton of the said rails, for
the Quantity of five thousand tons ofthe said rails secondly hereinbefore mentioned,
and the sum of six pounds for each ton of steel fish-plates, and the sum of twelve
oounds for each ton ofthe iron bolts and nuts respectively proportionate and required
for the rails secondly hereinbefore mentioned, such weight respectively of the said
Ten Thousand tons of rails, and ofthe proportionate and requisite steel fish-plates and
' nn bolts and nuts hereinbefore mentioned, being two thousand two hundred and
forty pounds per ton, the.whole being payable as follows, that is to say, eighty per
tor thereabouts of the price of each shipment to be paid to the company, on ac-
CeTi t of the same, through the Bank of Montreal in the City of London, England,
C01fhe Financial or other duly authorized Agent of Canada in England, upon pro-
^r H of Bills of lading of such shipment, and of the policies or documents of induction kerenp0n and certificates of the inspection by the Inspector appointed by
+KraM'nister for such.purpose, and the balance or remaining sum of twenty per cent. <w
96
The present certificate further shows that the Company are entitled to receive
"their land subsidy for the said twenty miles, at the rate of 12,500 acres a mile or a
total of 250,000 acres, le^s one-fifth retained under the contract.
The undersigned recommends that authority be given for the payment to the
Company ofthe aforesaid sum of $125,000, covered by the present certificate.
Eespectfully submitted,
CHAELES TUPPER, Minister Railways and Canal*.
Cbbtimed Copt of a Report of a Committee of the Honorable the Privy Council, approved
by His Honor the Deputy of His Excellency the Governor General in Council, on
the 15th November, 1882.
On a Memorandum, dated 14th November, 1882, from the Minister of Bailwaya
and Canals, representing that a certificate, No. 17, dated 11th November instant, has
been received from the Chief Engineer of the Canadian Pacific Eailway, showing that
upon the Eastern Division of the Central Section of the railway, there has been completed and equipped, so far as to admit of the running of regular trains thereon, a
Jurther extent of 20 miles of road, making a total on this division of 521 miles.
The Minister submits the following particulars of the present certificate:—
Total value of work done and materials delivered up to the 8th November, 18821
521 miles at $10,000 per mile     $5,210,000 00
Add advance on rails; total advance,
30,750 tons at $50—$1,537,500;
•35 percent $1,153,125 00
Less covered by this Estimate, 16,300
tons at $50—$815,000; 75 p. c.    611,250 00
Less deducted for plant, etc., taken
by the Company as per Estimate
No. 1 (subject to correction).. .$1,042,519 29
Less amount, payment of which is
deferred by O. C. dated 23rd
May, 1882      500,000 00
541,875 00
$5,751,875 00
542,519 29
$5,209,355 71
Of this amount the books of the Accountant of the
Department show that there has been already
paid      5,084,355 71
Leaving the'^balance now payable       $125,000 00
The Minister states that the present certificate further shows that the Company
are entitled to receive their land subsidy for the said twenty miles at the rate of
22,500 acres a mile, or a total of 250,000 acres, less one-fifth retained under the
^contract.
The Minister recommends that authority be given for the payment to the Company ofthe aforesaid balance covered by the present certificate, namely, $125,000.
The Committee advise that payment be made accordingly.
JOHN J. McGEE.
Bon. Minister Eailways and Canals. Ottawa, 15th November, 1882.
Sir,—I have the honor to inform you that an Order in Council has passed,
based on a certificate, No. 17, from the Chief Engineer of the Canadian Pacific
Eailway, showing that a further extent of 20 miles of road on the Central Section
(Eastern division) has been completed and equipped so far as to admit of the running
of trains thereon, making a total of 521 miles so completed on this division; and
that the Company are entitled to receive for the said 20 miles, the sum of $125,-
000.00. Payment of this sum is authorized by the order referred to> and I have to
request that the amount may be paid accordingly.
The certificate of tho Chief Engineer further shows that the Company are
entitled to receive their land subsidy for the same 20 miles at the rate of 12,500
acres a mile, or a total of 250,000 acres, less one-fifth retained under the contract.
I have the honor to be, sir, your obedient servant,
A. P. BRADLEY, Secretary.
J. L. McDougall, Esq., Auditor-General.
Advance on Bails.—5,000 Tons stored at Hochelaaa.
Canadian Pacific Eailway Company,
Office of the Secretary, Montreal, 10th November, 1882.
My Dear Sir,—We have 5,000 tons of rails stacked at Hochelaga, intended for
construction west of Mattawa.
We shall not use them until the spring, and intend to leave them where they
are. It would be convenient if we could have an advance on these as soon as
possible.   They cost us where they lie $30 per gross ton.
Will you kindly arrange for an engineer to certify for them.
Yours truly,
iff   C DELNKWATEB, Secretary.
Collingwood Schreibbr, Esq., Eailways and Canals.
Canadian Pacific Eailway,
Office of the Enginber-in-Chtef, Ottawa, 11th November, 1882.
Sib,—The Secretary of the Canadian Pacific Eailway Company, by letter dated
the 10th inst. hereto attached, has made application for an advance on 5,000 tons of
rails delivered in Montreal.
As this delivery does not appear to conform to sub-section C of section 9 of the
Act of incorporation, I have taken no action.
The sub-section referred to is as follows:—
" K at any time the Company shall cause to be delivered on or near the line of
the said railway, at a place satisfactory to the Government, steel rails and fastenings
to be used in the construction of the railway *******
shall, upon such terms and conditions as shall be determined by the Government,
advance thereon three-fourths ofthe value thereof at the place of delivery."
I am, Sir, your obedient servant,
COLLINGWOOD SCHREIBEE, Chief Engineer.
A. P. Bradley, Esq., Secretary Eailways and Canals. 98
i^
a. A portion of the rail placed on supports four feet apart, must stand without
fracture a blow from a ball one ton in weight falling from a height of 20 feet.
b. Another portion of the rail, similarly supported, shall be submitted to successive blows from a ball weighing three cwt. from heights of three feet, four feet
and five feet, and the respective deflections are not to exceed If p and ^ inch.
If the first rail taken out of the lot of the 100 tons does not stand the above tests,
the lot is to be divided by halves, and one rail of each half (50 tons) tested. H these
tests are unsuccessful, the whole lot is to be rejected.
The falling weight test shall be continued until fracture results, and the facts
duly recorded and reported.
I All the expense of testing is to be borne by the makers. The test to be recorded
in the statement signed by the receiving Inspector, and by the Manufacturers' Agent
present at the tests. All rejected rails must be painted with white paint on the two
ends, and over the letters C.P.E. on the web on both sides. The accepted rails are to
be weighed, and each stamped at the ends with the initials of the Inspector.
Steel Fish-plates.
1. The fish-plates are to be of a section to fit the Canadian Pacific standard rail,
and of a similar quality of tough mild steel as the rails, and subject to such tests as
may be required.
2. A template will be furnished to which two sample plates shall be made, and
when approved by the engineer they shall be the standard of finish and weight.
3. They are to be 20 inches long, square at ends, perfectly straight and smooth
on every suriace, and of uniform section throughout.
4. Each fish-plate must be punched hot with four holes, as shown on drawing.
These holes must be clean and true, square through the plate, and exactly in the
centre of the width, free from burrs on either side, and perfectly accurate in size and
position.
5. Every means must be taken to make the fish-plates uniformly true to template, and oxactiy according to drawing, so as to fit the rails perfectly and interchangeably.
6. The fish-plates to be dipped to prevent rusting, and then properly secured in
bundles of ten in the usual manner, for shipment.
Bolts and Nuts.
1. The bolts | in. diameter, 3| in. long, to be made with cup heads and square
necks, in accordance with the drawing.    The nuts-are to be square.
2. The iron is to be of a tough, fibrous quality, equal to " Best Best Staffordshire 1
and !-hall be subject to the approval of tho inspecting engineer.
3. The workmanship and finish must be ofthe best description great care being
taken that the internal faces of the head and nut are exactly square with the axis of
the bolt.
4. The bolt heads and necks must be solid. The threads of screws to be " Whit-
worth's standard," ten to the inch, clearly cut, to fit tightly into the nuts and made
so as to hold throughout their entire length.
5. Samples to be submitted to and approved by the inspecting engineer before
the work is commenced, and the whole must be subject to close inspection at all times
&& 6- TJie bolts an(i nuts are to be  heated and dipped to prevent rusting  and
ipacked in strong, iron-bound cases, each case to contain not over 2 cwt.
(Signed)       SANDFOED FLEMING,
u Engineer-in-Chief.
\ .  Witness, I (SiSn0<1) GEaR(M »0LAEK-
(Signed)       Alfred W. Houlson.
Ottawa, July 15th, 1879.
—  

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