D.—No. 19

54

RAILWAY CONTRACTS,

to the commencement or during the progress of the Avorks, by an order in writing, require, at and for such prices or rates as shall be agreed upon in writing between the Contractor and the Minister for Public Works. In case of non-agreement as to price, the work shall be done by the Contractor as required by the Engineer, and the price thereof shall be settled by arbitration as hereinafter provided, and shall when so ascertained be added to and thenceforth deemed to be part of the contract price for the Avorks to be executed under this contract; but no additions, deviations, or alterations whatever, Avhich shall be claimed by the Contractor, will be admitted or recognized under any circumstances, or will be allowed or paid for, which shall be done or executed without or contrary to any previous order from the Engineer in writing as aforesaid: Provided always that no addition, deviation, or alteration from the plans and specifications to be ordered by the Engineer as aforesaid shall invoke an increased expenditure in connection Avith the works or any part thereof, unless distinctly authorized by writing under the hand of the Minister for Public Works, avlio, before authorizing any such deviation, shall obtain from the Engineer an estimate of the increased expenditure arising therefrom: Provided also that in all cases where such deviation, addition, or alteration as last aforesaid, from the plans and specifications, shall involve an outlay exceeding £500, the consent of the Governor in Council shall first be obtained. And in all cases it shall be the duty of the Contractor to satisfy himself that such addition, deviation, or alteration (if any) has been duly authorized in the manner required by " The Immigration and Public Works Act, 1870," and also, that to any such outlay as aforesaid, requiring the consent of the Governor in Council as aforesaid, such consent has been obtained, as required by the said Act. OMISSION OF POETIONS OF WOEKS. 5. To the Minister for Public Works there is reserved the right from time to time of requiring the omission of any particular portion or portions of works described in the specification or shown on the drawings, and of deducting the A ralue thereof from the amount of the contract, such value to be agreed upon between the Minister for Public Works and the Contractor, or in case of difference to be settled by arbitration as hereinafter proA rided; but the Contractor shall be entitled to be paid a sum of ten per cent, on the agreed or ascertained value of the Avork omitted; such sums for omissions to be paid on the completion of the contract. MATEEIALS, LABOUE, &c. 6. The Contractor shall provide, at his OAvn costs and charges, all materials, labour, tools, plant, tackle, machinery, scaffolding, AA raggons, cordage, cartage, stores, planking, centres, coffer dams, diving bells, staging, diving dresses, and everything necessary for the proper execution and completion of the several Avorks, and centres must not be struck without the Avritten authority of the Engineer. The Contractor is also to provide, at his cost, for keeping all the trenches and foundations free from water, and for preventing all slips of ground into the trenches. All material and all prepared work brought upon the ground of the works for use therein is to be considered the property of the Queen, and the Contractor shall not take away any such material or work without the written authority of the Engineer, unless the same shall be required for the purposes of other works under this contract. The Contractor will be required to set out accurately, at his own expense, all the works comprised in this contract, agreeably to the drawings and specifications, and shall be held responsible for their being so set out and executed accordingly. EEMOVAL OF IMPEOPEE MATEEIALS. 7. It shall be lawful for the Engineer to order the removal from the works of any materials, whether fixed or not, which may appear to him to be of an inferior or improper description, and the Contractor shall remove the same Avithin twentyfour hours after a written notice in that behalf given to him by the Engineer; and in case of neglect or refusal to remove the same according to such notice, the Engineer shall have poAver to remove the same at the cost of the Contractor.