SURVEYOR AND STATE SURVEY. 2833

For all such construction to be carried out by contract or otherwise as
the county commissioners may determine with the approval of the state
roads commission, the county shall furnish an original estimate of cost,
which shall not be exceeded, save by the consent of the state roads com-
mission.

The money necessary for the construction shall be paid to the county
by monthly estimate as the work progresses, on such reasonable terms as
the state roads commission may direct, and under such supervision by the
said commission as may secure the faithful carrying out of the general
specifications aforesaid.

In such county construction the state roads commission may require that
a county road engineer or county road superintendent be placed in charge
of such construction, who shall be a man of practical experience and effi-
ciency in road construction. No final payment shall be made until the
road is finally accepted. In all cases where the immediate supervision
and control of the work of road construction and the use of local material
indicated by or for the county is permitted, and the cross-sectional drain-
age, and lateral drainage and sub-drainage as specified in behalf of the
county is accepted, the state roads commission may require of the county
commissioners a written guarantee that for the first year after acceptance
the maintenance of any road as constructed shall not exceed, per mile, a
fair percentage of the cost of construction to be agreed upon, with refer-
ence to the cost and use of the road, and for the second and succeeding
years up to and including the sixth year after acceptance shall not exceed
per mile two-thirds of the percentage for repair agreed upon for the first
year which maintenance agreements may be extended by mutual consent,
and the state roads commission shall have the power and authority to en-
force such agreement by mandamus or other appropriate legal remedy;
and the county commissioners so agreeing shall have the right to keep up
the maintenance of the roads covered by such agreement and be reimbursed
by the said state roads commission, so long as such maintenance is fairly
and properly attended to, and upon failure to so maintain such roads the
said state roads commission may itself, and in its fair discretion, upon
notice to such county commissioners, take over and carry on such mainte-
nance.

In case any county has no road engineer or road superintendent, or he
is not satisfactory to the state roads commission, the county commissioners
may appoint an engineer of State roads for such county, at a fixed salary
deductible from the allotment of each county. The state roads commission
shall have power to constitute the board of county commissioners of any
county or the road engineer or road superintendent, its agent to act for
and in its stead with respect to the construction or maintenance of State
roads in such county, subject to such terms, conditions and restrictions as
said commission may impose, and the county commissioners of each county
may accept. In the specifications and contracts for work by competitive
bids, it shall be the policy of said commission to provide as nearly as prac-
ticable that the contractor shall not be delayed in his work by delayed in-
spection; that work inspected shall be promptly approved or rejected; and
that contractors shall be promptly paid for work approved.
91