Item REF.2013.007 - Lakeshore Asylum Contract

Mark / Inscription text:
(1) Articles of Agreement
(2) MADE (induplicate) the seventh day of November in the year of our Lord one thousand eight hundred and eighty eight - / Between John Dickenson of the Village of North Glanford in the County of Wentworth and Province of Ontario, and Edward Dickenson (Junior) of the village of North Glanford in the County and Province aforesaid carrying on business under the name style and firm of J and E Dickenson / hereinafter called the Contractors of the first part, and Her Majesty Queen Victoria, represented herein by the Honourable Commissioner of Public Works for the Province of Ontario, under and by virtue of the Revised Statute, respecting the Public Works of Ontario, chaptered thirty-three, of the second part, / Witness that the Contractors hereby binds themselves, their heirs, executors, and administrators, to and in favour of Her Majesty, her Heirs and Successors, for and in consideration of the covenants, conditions, and agreements hereinafter contained, as follows: / FIRST. - The contractors, their executors or administrators, will find all labour, tools, implements, and materials whatsoever necessary for the due performance, execution, construction, and completion of all and singular the works mentioned and set forth in the specifications hereunto annexed, and thereby required in and for the erection of eight cottages, main building, central building and rear building at Mimico on hard of lot time in the first concession of the [illegible, 1 word] of Etobicoke for the seen [illegible, 1 word] of the Toronto Asylum for the Insane and with the exception of two of said Cottages will have the buildings erected, built and roofed in before the 1st Day of December 1889 and will have the said two Cottages completed and ready for occupation and will deliver the same unto the Government of Ontario on the 1st day of May 1889. / and will deliver the remainder of such works unto the Government of Ontario before the first day of September one thousand eight hundred and ninety, the [illegible, 1 word] years [illegible, 1 word] to be, fully and finally completed at the [illegible, 1 word] times afore named and the best materials of their several kinds and finished in the best and most workmanlike manner, in the manner required by, and in strict conformity with, the said specifications hereto appended, and the plans and drawings (if any) referring thereto (which said specifi-cations, plans, and drawings are hereby declared to be and are made part and parcel of the Contract), and to the complete satisfaction of the Commissioner and the Architect, Engineer, or other person in charge of the said works on behalf of the said Commissioner of Public Works. -
(3) SECOND. - The said specifications, and the several parts thereof, and the plans and drawings (if any), therein referred to, shall be taken together to explain each other, and to make the whole, taken together, con-sistent ; and if in the execution of the work, or any part thereof, it shall be found that anything has been omitted or mis-stated, in the plans, drawings, or specifications, which is necessary for the proper performance and completion of any part of the work contemplated, the Contractors, their executors or administra-tors, shall, at their own expense, execute the same as though it has been more particularly described, and provide whatever may be necessary to complete the whole in the best, and most workmanlike manner, according to the true intent of the said specifications, plans and drawings, and any addenda thereto ; and the decision of the Commissioner of Public Works shall be final and conclusive between the parties as to such true intent ; and the correction of any such omission or mis-statement shall not be taken to be or alleged or claimed to be an alteration in, or deviation from, the works hereby contracted for. / THIRD. - The Contractors, their executors or administrators, shall not make any alteration in addition to, or omission from the work described in the said specifications and as shown on the plans and drawings (if any), therein referred to, unless such alteration, addition, or omission shall have been first in writing ; and in the event of any alteration, addition or omission either in the position or details of any part of the work being ordered in manner aforesaid, the Contractors shall be bound to make such altera-tion, addition, or omission, and in the event of any such alteration, addition, or omission being so made, the value of such alteration, addition, or omission shall be ascertained accord-ing to the schedule of prices hereto annexed (if any), and if no schedule or prices is hereto annexed, then by the judgement of the Architect, Engineer, or other person in charge, as aforesaid ; and the amount thereof shall be either added to or deducted from the amount of this contract as the case may require ; and the decision of the Commissioner of Public Works as to whether any such alteration constitutes an addi-tion to or deduction from the work as contemplated by the said specifications shall be conclusive between the parties hereto, and the certificates of the Commissioner shall be given accordingly ; provided always that nothing in this clause contained shall be constructed to make any correction of any error or omission in the said specifications, plans, or drawings referred to in the last preceding clause, an alteration in or deviation from this contract ; and provided that no such alteration, addition, or omission, whatever may be the extent or quality thereof, or at whatever time the same may be required pending this contract, shall in any wise have the effect of suspending or rescinding this contract, which shall continue to subsist notwithstanding any such alteration, addition, or omission. / FOURTH. - The Contractors their executors or administrators, shall not perform any work in the nature of extras, or any work not contemplated by the said specifications, plans, and drawings, and shall not make any claim or being any action or suit in respect of any matter or thing claimed or alleged to be such extra or extras, unless before the performance of said work the order therefor of the Commissioner of Public Work has been given in writing ; such extra respectively shall then become incorporated with this contract, and shall be payable hereunder upon the certificates of the Architect, Engineer, or other person in charge, in the same manner and in the same proportions and at the same times
Mark / Inscription type:
(1) Page number
(2) Contract details
(3) Contract details      
Mark / Inscription description:      
Mark / Inscription technique: Printed and handwritten, black ink      
Mark / Inscription position:
(1) Top centre of page
(2) Middle of page from top to half way
(3) Middle of page from half way to bottom
Mark / Inscription language: English      
Mark / Inscription translation: N/A