"5fb72e3c-4d43-4ff9-92a5-e4a68354cff9"@en . "CONTENTdm"@en . "GRAVING DOCK CONTRACT."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2016-03-30"@en . "[1880]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0060614/source.json"@en . "application/pdf"@en . " 43 Vic. Graving Dock Contract. 357\nRETURN\nTo an order of the Legislative Assembly, dated 16th April, 1880, for a copy of the\nContract entered into with Messrs. McNamee & Co. for the construction of\nthe Esquimalt Graving Dock.\nBy Command.\nGeo. A. Walkem,\nChief Commissioner Lands and Works.\nLands and Works Department,\n2Srd April, 1880.\n[Copy.]\nThis Indenture made at Montreal this Twenty-Fourth day of February, A.D. 1880,\nbetween Francis Bernard McNamee, Antony Gilbert Nish, and James Wright, constituting the firhi of F. B. McNamee & Co. of Montreal, hereinafter called the Contractors\nof the first part, and Her Majesty, Queen Victoria, rejiresented by the Chief Commissioner of Lands and Works of British Columbia, hereinafter called the Chief\nCommissioner, of the second part.\nWhereas the above Contractors have agreed with the said Chief Commissioner to\nconstruct and maintain a Graving Dock, to maintain and remove the Cofferdam in\nconnection therewith, and to do and execute other works in connection therewith, on\nthe lands and foreshore of Thetis Cove, Esquimalt Harbour, British Columbia, in\naccordance with drawings and specifications prepared by Messrs. Kinipple and Morris,\nEngineers, and by the said Chief Commissioner, and with tho terms and conditions and\nfor the considerations and at the rates and within the time mentioned in a certain copy\nof tho said specifications and in a certain form of tender annexed thereto, and deposited\nby the said Contractors with the Chief Commissioner, and by him filed in record in the\nDepartment of Lands and Works at Victoria.\nAnd whereas the said Contractors have, prior to the execution hereof, and in compliance with the terms of the specifications, deposited with the said Chief Commissioner\nin his capacity before mentioned the sum of Ten Thousand Dollars as part security for\nthe\" due fulfilment of their contract and of the covenants and conditions thereof, it\nhaving been further agreed that they should receive back the said money, with the\ninterest thereon mentioned in the specifications, upon the due performance by them of\nthe said covenants and conditions, but be liable for any loss of the said money or interest\noccasioned by the failure or insolvency of any Bank holding the same or any security\n.representing the same.\nAnd whereas the Dominion Government have, by Order in Council dated the\ntwelfth day of February, 1880, agreed, for reasons therein stated, to contribute Two\nhundred and fifty thousand dollars towards the construction of the said Dock, provided\nthe Terms of the said Order should be sanctioned by the Legislature of British Columbia\nand by the Imperial Government.\nsum\nNow this Indenture witnesseth that, in consideration of the premises, and of the\nof Three hundred and fifty thousand nine hundred and ninety-seven 20-100 dollars, 358 ' Graving Dock Contract. 1880\nor of such other sum as may be certified to be due and payable to the contractors under\nthe specifications hereinbefore mentioned, they, the contractors, hereby covenant and\nagree with Her Majesty that they will faithfully observe and perform all the conditions\nand agreements contained in the copy of specifications and in the form of tender\nherein mentioned, and in accordance with the drawings or amended drawings (if any)\ntherein referred to.\nAnd Her Majesty, in consideration of the premises, hereby covenants with the contractors that they will be paid for and in respect of the works hereby contracted for,\nand in the manner set forth in the said specifications, the several prices or sums therein\nmentioned.\nAll covenants and agreements herein contained shall, where Her Majesty is referred\nto, be binding upon Her successors, and shall, where the contractors are referred to,\ninclude their and each of their executors and administrators; and it is further provided,\nand hereby expressly understood, that the said covenants and agreements shall be void\nand of no effect if the terms of the Order in Council above referred to are not sanctioned\nby the Legislature of British Columbia at its ensuing session, and by the Imperial\nGovernment within six months from the date of these presents, or within such further\ntime as may bo deemed reasonable by the Government of British Columbia and be\nexpressed in a Minute of Council to that effect, said additional time not to exceed\neighteen months in all from the date of these presents.\nIn witness whereof the parties hereto have set their hands and seals the day and\nyear first above mentioned, the Chief Commissioner hereby undertaking to append his\nseal of office hereto when he reaches British Columbia.\nSigned, sealed, and delivered by the parties f (Si d) F# B, MoNamee. [L.S.]\nof the first part m presence of J (Signed) A. G. Nish. , [L.S.]\n(Signed) J. WuRTSeai) qc j^ned] JamesWriqht. [L.8,]\nSigned and sealed by the Chief Commis- (\nsioner in presence of J (Signed) Geo. A. Walkem, [^0\n(Signed) J. Wurtele, as C. C. of Lands and Works,\nof Montreal, Q.C. (.\nWitness to signature and seal of Chief (\"(Signed) Gbo. A. Walkem, [Seal of\nCommissioner of Lands and Works, ) CCL&W office 1\n(Signed) Eli Harrison, Jr. (. 'J\nGOVERNMENT OF BRITISH COLUMBIA, VICTORIA.\nESQUIMALT HARBOUR.\nPROPOSED GRAVING DOCK AT THETIS COVE.\nContract No. 3.\nForm of Bond.\nKnow all men by these presents that we, Francis Bernard McNamee, Antony\nGilbert Nish, and James Wright, of Montreal, Contractors, and John Burke, of Montreal,\nof the firm of Burke Bros., Traders, and William Davis, of Ottawa, Esquire, of the firm\nof Wm. Davis & Sons, are held and bound unto our Sovereign Lady the Queen, in\nthe sum of Twenty-five Thousand Dollars, to be paid to our Lady the Queen, Her Heirs\nand Successors, for which payment well and truly to be made, we bind ourselves and 43 Vic. Graving Dock Contract. 359\neach of us, and the heirs, executors, and administrators of us and each of us, jointly and\nseverally, by these presents. As witness our hands and seals this twenty-fourth day of\nFebruary, A.D. one thousand eight hundred and eighty.\nWhereas the above named contractors have entered into an agreement with the\nHonourable George Anthony Walkem, Chief Commissioner of Lands and Works, acting\nfor the Government of British Columbia, to execute a Contract to construct a Graving\nDock with a Second Entrance at Head, Wings and Harbour Quay Walls, Engine and\nBoiler Houses, Chimney, Pump Wells, Culverts, &c; also to deposit the sum of $10,000,\nin cash or by certified cheque, to the credit of the Government of British Columbia, as\nsecurity herewith for the proper execution of the said Contract; also to maintain and\nremove the Cofferdam, and to fulfil and execute the said Contract in accordance with\nDrawings, Specification, Bills of Quantities, Form of Tender, and conditions therein\ncontained, and which Specifications so far as they refer to the Contractors' sureties are,\nfor the considerations mentioned in the said Contract or Agreement, hereby specially\ndeclared to be binding upon us herein named as such sureties, and our and each of our\nheirs, executors, and administrators.\nNow the condition of the above written bond is such, that if the above bounden\nContractors shall be awarded the Contract for the above mentioned works, and shall\nexecute the said Contract, and shall well and faithfully perform and fulfil all and every\nof the terms, conditions, stipulations, and requirements in such Contract contained, and\nevery part thereof respectively, then the said deposit shall be returned and the above\nwritten Bond shall be void and of no effect, but otherwise shall remain in full force and\nvirtue. \u00E2\u0080\u00A2\nSigned and sealed by the above named par- f (Signed)\nties in the presence of (Signed)\ni (Signed)\n(Signed) J. Wurtele, ] (Signed)\nof Montreal, Q.C. (, (Signed)\nF. B. McNamee.\n\"L.S.I\nA. G. Nish.\n(\"L.S.l\nJames Wright.\nrL.s.i\nJohn Burke.\nrL.s/i\nWilliam Davis.\n[L.S.]"@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1880_28_357_359"@en . "10.14288/1.0060614"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "RETURN To an order of the Legislative Assembly, dated 16th April, 1880, for a copy of the Contract entered into with Messrs. McNamee & Co. for the construction of the Esquimalt Graving Dock."@en . "Text"@en . ""@en .