Item REF.2013.003 - Lakeshore Asylum Contract

Mark / Inscription text:
(1) 2
(2) respectively as payments for the work in the said specifications, plans, and drawings mentioned are hereby agreed to be made ; and in case no price therefor is specified in the order therefor, the same shall be ascer-tained according to the schedule of prices (if any) hereto annexed ; or in case there is any work of a kind which is not mentioned in such schedule, or in case there is no schedule annexed hereto, then the price there-for shall be what the Architect, Engineer, or other person in charge, as aforesaid, may consider the same reasonably worth. / FIFTH. - If the Contractors shall become bankrupt or insolvent, or shall compound with their creditors, or propose any composition to their creditors for the settlement of their debts, or shall commit any act of insolvency, or shall attempt to transfer, sub-let, or assign this contract, or any part thereof, or if by the report of the Architect, Engineer, or person in charge, employed by the said Commissioner in that behalf, it shall appear that the rate of process of the said works is not such as to ensure the completion of the same within the time herein prescribed, or within any additional time which may have been granted as hereinafter provided ; or in case no additional time has been granted, and the said works are not completed within the time before limited ; or in case no additional time has been granted, and the said works are not completed within such additional time ; or if the Contractors shall persist in any course violating any of the provisions of this contract, Her Majesty shall have the power, at her discretion, by the said Commissioner aforesaid, without previous notice and without process or suit at law, to take the work or any part thereof out of the hands of the Contractors, and either to re-let the same to any other person or persons, without its being previously advertised, or to employ workmen, and provide materials, tools and other necessary things a the expense of the said work ; and the Contractors in either case shall be liable for all damages and extra expenditures which may be incurred by reason thereof ; Provided always that if any balance on the amount of this Contract remains after com- pletion in respect of work done during the time of the defaulting Contractors the same shall belong to them or the persons legally representing them. / SIXTH – All materials for the said work shall, before being used, be inspected and approved of either by the said Commissioner or by such person as he may appoint, and any material disapproved of shall not be suded in the work ; but it is distinctly agreed that the inspection and approval of materials shall not in anywise subject Her Majesty to pay for the said materials, or any portion thereof which may turn out to be unsound or unfit to be used in the work ; nor shall such inspection be considered as any waiver of objection to the work on account of the unsoundness or imperfection of the materials used. SEVENTH. - In case any material not corresponding with the said specifications or, in the opinion of the the Architect, Engineer, or other person in charge of the said works, not sufficiently sound or suitable for the said works, shall at any time be brought to the intended works, or any part thereof, it shall be lawful for the Architect, Engineer, or other person in charge of the said works, to require the Contractors their execu- tors or administrators, remove the same from off Her Majesty’s property, and to provide sound and suitable materials in accordance with the said specifications and to the satisfaction of the said Architect, Engineer, or other person in charge as aforesaid ; and in case any part of the said works shall have been executed in an improper manner as regards the workmanship, or with unsound or unsuitable materials, not in accordance with the said specifications, plans, and drawings, or the instructions given by the said Architect, Engineer, or other person in charge as aforesaid, it shall be lawful for the Commissioner or for such Architect, Engineer, or other person as aforesaid to require the Contractors, their executors or admins- trators, or their Foreman of the works, such unsound or unsuitable material shall be not be removed from off Her Majesty’s property by the Contractors, their executors or administrators, it shall be lawful for the Com- missioner or for the Architect, Engineer, or other person in charge of the said works, to cause the same to be removed to such place or places as he shall think fit ; and if, after twenty-four hours; notice to the Contractors, their executors or administrators, or their Foreman, such works so improperly executed shall not have been taken down and removed, it shall be lawful for the said Commissioner, the Architect, Engineer, or other person in charge of the said works, to cause the same to be taken down and removed to such place or places as he may think fit, and the work to be re-executed by sicj workmen as he shall think competent, and in a manner in accordance with the said specifications or the instructions of such Architect, Engineer, or other person in charge as aforesaid, from time to time given, without any liability on his own part or damage of Her Majesty for any loss that may arise to the Contractors, their executors or administrators, or damage which may happen to the works in removing such improper materials, or in taking down and removing such improper works, or in substituting other materials, or in causing the work to be re-erected in a more work- manlike manner ; but in any of such cases the Contractors, their executors or administrators, shall pay such costs, charges, and expenses as shall be incurred in the removal of such materials or the substitution of other materials, or in the re-erection of the said works ; and the costs, charges, and expenses attending the same shall be deducted from the amount of this contract. / EIGHTH. - It shall be in the power of Her Majesty to make payments or advances on materials, implements, vessels or tools of any description procured for the works, or used or intended to be used about the same, in such cases, and upon such terms and conditions, as to the said Commissioner may seem proper ; and when- ever any advance or payment shall be made to the Contractors upon any materials, implements, vessels or tools of any description, the materials, implements, vessels or tools upon which such advance or payment shall be made, and also all and any other materials, implements, vessels or tools of any description which may be placed upon property belonging to Her Majesty, or upon any street or road in the neighbourhood of the said works, for the purpose of being used about the said works, shall henceforth be vested in and held as colleterial security by Her Majesty, her Heirs and Successors, for the due fulfilment by the Contractors of the present contract ; and the same or any of them may be used by the Commissioner in the completion of the said works ; it being, however, understood that all such materials, implements, vessels or tools of any kind, are to remain at the risk of the Contractors who shall be responsible for the same until finally used and accepted as part of the work by the said Commissioner ; but the Contractors shall not exercise any act of ownership or control whatever over any such materials, implements, vessels, or tools, except for the purpose of the said works, without the permission in writing of the said Commissioner, or the Architect, Engineer, or person in charge. / NINTH. - Should any overseer, mechanic or workman on or about the work, give any just cause of complaint, the Contractor shall, immediately upon the application of the said Commissioner, the Architect, Engineer, or person in charge, dismiss such person forthwith from the works, and he shall not be employed again thereof without the consent in writing of the said Commissioner, the Architect, Engineer, or person in charge ; and should the Contractors continue to employ, or should they again employ about such works, without such consent, such overseer, mechanic, or workman, the Contractor shall pay and forfeit to Her Majesty, her Heirs and Successors, the sum of twenty dollars lawful money of Canada for each day during which such overseer, mechanic or workman shall be employed on the works after such
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(1) Page number
(2) Contract details      
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Mark / Inscription technique: Printed, black ink      
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Mark / Inscription language: English      
Mark / Inscription translation: N/A