APPENDIX 237 



3. Tender and detailed estimate. Every person proposing to contract for 

 these works must send in his tender on the form provided for the pur- 

 pose, and the amount of such tender shall be the total sum for which he 

 proposes to execute the work, supposing the plans to be carried out 

 precisely as designed ; but as in executing the works the actual quantities 

 may vary from those originally intended, the total amount of the con- 

 tract will be determined at the completion, or during the progress of the 

 work by measuring and ascertaining the quantities actually executed. 

 He shall also deliver with his tender a detailed estimate of the cost of 

 the various works, fully priced out, the total amount being that of his 

 tender ; and it is to be expressly understood that the several amounts set 

 forth in the detailed estimate shall be the whole consideration for, and 

 shall be accepted by the contractor in full discharge of, the cost of all 

 materials and plant of every description used and work done, in the 

 execution of the several works therein mentioned, and the value of 

 any alteration or deviation shall be calculated in accordance with the 

 10th clause of these conditions. 



4. Contractor to enter into contract with sureties. Within seven days 

 of the acceptance of his tender by the corporation, or as soon thereafter 

 as the contract shall have been prepared, the contractor shall enter into 

 a formal contract, with two sureties to be approved by the corporation, 

 to complete the whole of the works according to the manner and within 

 the period herein specified. 



[As to sureties generally, see Emden's Building Contracts, Chap. IV., 

 p. 25.] 



5. Plans to lie kept in engineer's office. The drawings referred to 

 in the specification shall be signed by the contractor, and kept in the 

 custody of the corporation or at their whence they shall not 

 be removed, but the contractor shall have all reasonable access to them 

 in office hours during the progress of the work. 



[NOTE. As to who owns the plans, see Chap. XI., 16, anteJ] 



6. Contractor to comply with lye-laws. The contractor shall in carry- 

 ing out the works comply with the provisions of the "Public Health" 

 and other Acts and with the bye-laws in force within the said borough 

 of and shall be responsible for any proceedings that may be insti- 

 tuted against him, any of his workmen, or the corporation for any breach 

 thereof, and shall indemnify the corporation against any such breach as 

 aforesaid and any proceedings in respect thereof. He shall also give all 

 such notices (if any) as are required by law to be given to any parties 

 or persons entitled to such notices in respect of the operations to be 

 performed under this specification. 



7. Testing of materials, etc. All materials, stock, implements, and 

 plant brought and delivered on the ground and works, and all offices, 

 and other erections made thereon at any time after the contractor's 

 tender has been accepted, shall thenceforward be the absolute property 

 of the corporation, and be held to be legally in their possession, and 

 shall not be removed from the works, without the consent of the 

 engineer, the contractor only having the right of using the same for the 



