reason of any act, omission or carelessness on his part or his agents, in the prosecution of the work, have been fully paid and secured; and shall also give notice to said Engineer and Supervisor within ten (10) days after the completion of the work, that any balance for such work or materials, or compensation for such damage still due, has been fully paid or released.

PERSONAL ATTENTION.

57. The contractor must give his personal attention to the work and not assign or sublet the same, but keep the same under his control.

I have this day carefully read and examined the foregoing specifications, and the same are hereby approved.

Any departure from these specifications which increases the cost of the road must have the written consent of the State Commissioner of Public Roads.

Given under my hand, this

A. D.

State Commissioner of Public Roads.

APPENDIX B.

Following is the text of the State Aid Road law, with its amendments:

CHAPTER CCXXIII.

An Act to provide for the permanent improvement of pub

lic roads of this state.

holders may

cause road to be improved.

tions require.

1. BE IT ENACTED by the Senate and General Assembly Board of freeof the State of New Jersey, That whenever the board of chosen freeholders of any county in this state shall, by resolution, have declared their intention to cause any particular road, or section thereof, within such county, to be improved under the provisions of this act, such board shall cause all necessary surveys to be made and specifications to be prepared; the specifications shall require the construction of a What specifica macadamized road, or a telford or other stone road, or a road constructed of gravel, oyster shells or other good materials, in such manner that the same, of whatever materials constructed, will, with reasonable repairs thereto, at all seasons of the year, be firm, smooth and convenient for travel; shall How prepared. be so prepared as to call for bids from which an approximate estimate of the cost can be ascertained, and shall state the amount of security that will be required of the bidder; after said specifications shall have been prepared they shall Freeholders be submitted to the board of chosen freeholders for their approve. approval or rejection; and if such board shall approve them, they shall then be submitted to the state commissioner of public roads for his approval or rejection; it shall be the Commissioner duty of the commissioner of public roads, before approving prove specific the specifications for any road so submitted to him, to ascertain, by personal examination or otherwise, the natural

to reject or

to examine road and ap

tions.

not to exceed

33% per cent.

his approval.

character of the soil upon which such road is proposed to be constructed, and all other facts that he may deem important, and if, after examination of the specifications and facts so ascertained, he shall be of the opinion that the specifications provide for the construction of a road that will, with reasonable repairs thereto, be firm, smooth and convenient for Cost of all roads travel at all seasons of the year, and if he shall also be of the opinion that one-third of the cost of constructing the road or section of road to which such specifications relate, together with one-third of the cost of constructing all other roads and sections of roads in this state under specifications previously approved by him, will not in any one year exceed the sum of one hundred thousand dollars, then he shall approve the specifications, but otherwise he shall reject May withhold them; provided, however, that he shall, in his discretion, have the power to withhold his approval of any specifications, to the end that the estimated aggregate amount of contracts made in any one year shall not exceed the sum of three hundred thousand dollars, and also to the end that the amounts paid out of the state treasury under the provisions of this act shall in each year be distributed amongst the several counties of the state in such manner as to the said state commissioner of public roads shall seem fair and equitable, and any specifications, the approval of which is withheld as aforesaid, may, if otherwise satisfactory to the said state commissioner of public roads, be approved by him in any year subsequent to the one in which the same may be presented for approval as aforesaid; if the board of chosen freeholders and the state commissioner of public roads shall both approve such specifications, it shall then be the duty of the director of the board of chosen freeholders to advertise in at least two daily newspapers, printed and circulating in the county, for the period of two weeks, or in at least two weekly newspapers, printed and circulating therein, for at least four weeks, for bids to do the work according to the specifications prepared; such advertisements shall state where bidders may find the specifications, and shall name a time and place where the board of chosen freeholders, or a committee of five members thereof, of whom the director

Distribute

among the counties.

When approved, freeholders must advertise for bids.

Committee to receive bids.

give bond.

received.

expenditures.

shall be one, will meet to receive bids; every such bid shall Bidders must be accompanied with the bidder's bond in the sum of one thousand dollars, with security satisfactory to the board, conditioned that if the contract shall be awarded to him he will, when required by the board, execute an agreement in writing to perform the work according to the specifications; no bids shall be received by the board or any member Bids how thereof, or by said committee or any member thereof, except at a meeting of said board or a committee, of which notice shall be given as aforesaid, and all bids then received shall be immediately publicly read; if the bids shall be received by a committee of the board they shall be reported to the board at the next meeting thereof, with the recommendations of the committee; the board may reject all bids if, in their opinion, good cause exist therefor, but otherwise they shall award the contract to the lowest bidder who shall give satisfactory evidence of his ability to perform the contract; provided, however, that the estimated amount of contracts Limit of county awarded in any one year by any board of chosen freeholders, together with the estimated cost of repairs of roads already constructed, shall not exceed one-fourth of one per centum of the ratables of the county as reported to the state comptroller for the last preceding year; and provided further, that in every contract made as aforesaid it shall be specified that at least five per centum of the contract price shall not Five per be paid to the contractor within the period of one year after retained by the work specified to be done by such contract shall have been fully performed and accepted; the bidder to whom the Contractors contract may be awarded shall, in addition to executing the bond. agreement to perform the work according to the specifications, also execute to the board of chosen freeholders a bond conditioned for the faithful performance of the contract, in the sum specified in the advertisement for bids, and with such sureties as the board may approve; the contract shall, on behalf of the board of chosen freeholders, be executed by the director thereof, and, when executed by the bidder and said director, a copy of the contract and specifications, with the estimated cost of the work, shall be forthwith filed with tract and the state commissioner of public roads.

centum to be

county.

must give

copy of con

specifications filed with state commissioner.

Commissioner' must appoint supervisor.

ers nominate

supervisor.

may remove

supervisor.

2. And be it enacted, That after a copy of the contracts and specifications shall have been filed with the state commissioner of public roads as commissioner of public roads

aforesaid, the said state shall, as soon as practi

cable, appoint a supervisor of the construction of the work under such contract, who shall receive for his services under this act three dollars per day, to be paid out of the county treasury; if the work for which such contract shall be made shall have been petitioned for, pursuant to the provisions of the eighth section of this act, then, if the petitioners thereProperty-own- for, or any of them, shall in writing nominate to the said state commissioner of public roads one or more persons for the position of such supervisor, it shall be the duty of said state commissioner of public roads, if only one nomination be made, to appoint as such supervisor the person so nominated, and, if more than one nomination be made, to appoint as such supervisor one of the persons so nominated, and if no such nomination be made, the said state commissioner of public roads shall then appoint as such supervisor any person whom he may consider competent for such position; Commissioner the said state commissioner may, however, at any time summarily discharge any supervisor who, in the judgment of the state commissioner, is incompetent or who neglects his duty, and, in such case, shall appoint a new supervisor to take the place of the one so discharged; the supervisor shall supervise all work done under the contract, shall give his whole time thereto, shall require the provisions of the contract to be strictly adhered to by the contractor, and, in any case where the contract provides for partial paymentsduring the progress of the work, he shall also, as each payment becomes due and before payment shall be made, present to the board his certificate, and also the certificate of the surveyor or engineer, if any there be, stating as near as may be the total amount of work done, and that such work has been done in all respects as required by the contract; and the board shall thereupon direct payment to be made by the county collector; provided, that no partial payment made during the progress of the work shall exceed eighty per centum of the estimated value of the work done; the

Supervisor

must give his full time to the work.

Supervisor

must certify payments.