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RETURN To an Order of the Legislative Assembly for a copy of the Contract between the Government and… British Columbia. Legislative Assembly 1882

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 45 Vic. Graving Dock Contract. 485
To an Order of the Legislative Assembly for a copy of the Contract between the
Government and Messrs. McNamee for the construction of the Esquimalt
Graving Dock.
Geo. A. Walkem,
Chief Commissioner of Lands and Works.
Lands and Works Office,
March 16th, 1882.
Copy of Graving Dock Contract.
This Indenture made the 4th day of October, A. D. 1880, between Francis Bernard
McNamee, Anthony Gilbert Nish and James Wright, constituting the firm of P. B.
McNamee & Co., of Montreal, hereinafter called the contractors, of the first part, and
George Anthony Walkem as Chief Commissioner of Lands and Works of British Columbia, acting on behalf of Her Majesty, hereinafter called the Chief Commissioner, of
the second part.
Whereas the contract has been awarded to and accepted by the above contractors
to construct and maintain a Graving Dock, to maintain and remove the Cofferdam connected therewith, and to execute other works connected therewith on the land and foreshore of Thetis Cove, Esquimalt Harbour, British Columbia, according to drawings
and specifications prepared by Messrs. Kinipple & Morris, Engineers, and by the said
Commissioner, and according to the terms, and for the considerations, and at the rates,
and within the time mentioned in a copy of the said specifications and in a form of tender thereto annexed, deposited by the said contractors and filed of record in the Lands
and Works Department, Victoria, on the 24th day of December, 1S79.
And whereas the said contractors have, as agreed upon, deposited with the Chief
Commissioner as said officer a sum of ten thousand dollars as part security for the fulfillment of their contract, which sum is to be repaid to them with interest, as provided
in the specifications, upon the due performance of their contract, subject however, to the
loss (if any) of the said money or interest by reason of the failure or insolvency of any
Bank holding the same being borne by the contractors.
And whereas the Dominion Government agreed by Order in Council of the 12th
day of February, 1880, to contribute $250,000 towards the construction of the said Dock
provided the terms of the said Order should be accepted by the Legislature of British
Columbia and sanctioned by the Imperial Government.
And whereas the said terms have been so accepted by the Legislature of British
Columbia and ratified by the Parliament of Canada.
And whereas, it is therefore desirable that these presents should be executed in
lieu of an indenture of similar import herewith, made between the present contracting
parties respectively, and bearing date the 24th day of February, 1880, and for and in
respect of the said Dock and works connected therewith and mentioned herein, which
indenture is now on record in the Lands and Works Department.
And whereas directions In writing, dated the 10th day of June, 1880, were given
by the said Chief Commissioner to the said contractors under the provisions of section
25 of tho specifications to commence the works as agreed upon. Now this indenture
witnesseth, that in consideration of tho premises and of tho sum $350,997.20 or of the
sums certified to be duo to the contractors under the specifications referred to, they the contractors hereby covenant and agree with the Chief Commissioner acting as aforesaid,
that they will faithfully observe and perform all the conditions and agreements
contained herein, and in the specifications and tender herein mentioned, and in
accordance with the drawings or amended drawings (if any) therein referred to, and
that they will finish the whole of the works contracted for within 28 months from the
above mentioned date, namely, the 10th day of June, 1880, or within any extended time
that may be given under the specifications.
And the Chief Commissioner, acting as aforesaid, in consideration of the premises,
covenants with the contractors that they will be paid for the work contracted for
according to the prices and sums mentioned in the specifications. All convenants by or
in favour of the Chief Commissioner shall be binding upon or enure to Her Majesty, and
her successors, and all covenants herein by or in favour of the contractors shall be
binding upon or enure to them and each of them and their and each of their executors
and administrators.
And it is further expressly understood that these presents shall be void if the terms
of the Order of the Privy Council of Canada of the 12th of February, 1880, which are
embodied in the annexed Act of the British Columbia Legislature, being cap. 8 of the
Acts of 1880, be not sanctioned by the Imperial Government within 12 months from tho
date of these presents or within such further time as may be reasonable and be expressed in a Minute of Council of the Government of British Columbia to that effect.
It is also hereby understood and agreed, that Section 17 and so much of any other
section of the specifications as declare that the contract for or management of the
works herein mentioned is or shall be subject to the "Public Works Act, 1872," or Acts
amending the same, shall be and be considered as cancelled after tho execution of these
presents, as the contract has been awarded and these presents agreed upon under the
provisions of the several Statutes and agreements passed and made with special reference to the construction of the said Graving Dock.
In witness whereof the respective parties have hereto set their hands and seals,
and the Chief Commissioner hath affixed his signature and seal of office.
Signed, sealed and delivered in presence of") (Signed,)   F. B. McNamee,        [L.S.]
(Signed)    W. G. Turner, [• „ A. G. Nish, [L.S.]
„ James Morrissey. ) „ James Wright. [L.S.]
{Victoria, 26th  October, 1880.)
Witness to signature and Seal of Chief     "1
Commissioner, ! (Signed)    Geo. A. Walkem,        [L.S.]
(Signed) W. S. Gore, As Chief Commissioner of
Surveyor-General. J Lands and Works.
Esquimalt Harbour.
Form of Bond.
Know all men by these presents that We, Francis Bernard McNamee, Gilbert Nish,
and James Wright, of Montreal, Contractors, and John Burke, of Montreal, of the firm
of Burke Bros., Traders, and Patrick Kennedy, Alderman, also of Montreal, are held
and bound unto our Sovereign Lady the Queen, in tbe sum of Twenty-five Thousand
Dollars, to be paid to our Lady the Queen, Her Heirs and Successors, for which payment well and truly to be made, we bind ourselves and each of us, and the heirs, executors and administrators of us and each of us, jointly and severally, by these presents.
As witness our hands and seals this fourth day of October, A.D. one thousand eight
hundred and eighty. 45 Vic. Graving Dock Contract. 487
Whereas the above named Contractors have entered into an agreement with the
Honourable George Anthony Walkem, Chief Commissioner of Lands and Works, acting
for the Government of British Columbia, to execute a Contract to construct a Graving
Dock with a Second Entrance at Head, Wings and Harbour Quay Walls, Engine and
Boiler Houses, Chimney. Pump Wells, Culverts, &c; also to deposit the sum of $10,000
in cash or by certified cheque, to the credit of the Government of British Columbia, as
security herewith for the proper execution of the said Contract; also to maintain and
remove the Cofferdam, and to fulfil and execute the said Contract in accordance with
Drawings, Specifications, Bills of Quantities, Form of Tender, and conditions therein
contained, and which Specifications so far as they refer to the Contractors' sureties are,
for the considerations mentioned in the said Contract or Agreement, hereby specially
declared to be binding upon us herein named as such sureties, and our and each of our
heirs, executors, and administrators.
Now the condition of the above written bond is such, that if the above bounden
Contractors who have been awarded the Contract for the above mentioned works, and
shall execute the said Contract, and shall well and faithfully perform and fulfil all and
every of the terms, conditions, stipulations, and requirements in such Contract contained, and every part thereof respectively, then the said deposit shall be returned and
the above written Bond shall be void and of no effect, but otherwise shall remain in full
force and virtue.
Signed and sealed by F. B. McNamee in the presence of 1
W. G. Turner.        }-(Signed)    P. B. McNamee. [L.S.]
Jambs Morrissey.
Signed and sealed by A. G. Nish in the presence of
W. G. Turner.        [     „ A. G. Nish. [L.S.]
James Morrissey.
Signed and sealed by James Wright in the presence of
• W. G. Turner.        }-     „ James Wright. [L.S.]
James Morrissey.
Signed and sealed by P. Kennedy in the presence of
W. G. Turner.        }-     „ P. Kennedy. [L.S.]
' James Morrissey.
Signed and sealed by John Burke in the presence of
W. G. Turner.       }-     „        John Burke. [L.S.]
James Morrissey.
/ } "
a.        I-     „
iSEY.    J
[Copy of " An Act respecting the Construction of the Graving Dock at Esquimalt"


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