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"' '"'"^*'' iwiit: M 4*^-) m ., t'';';!a >iiU" ■';-*'^*^^.' .1 rr i I MINUTES Ol' liXFOllMATION GIVEN HE FORE TIJE SELECT COMMITTEE OF COUNCIL OS THE ESPLANADE CONTRACT. P T 11 N T : MACI.KAIt, THOMAS & CO., riUNTKUS, KING STREET EAST. 1855. RESOLUTION OF THE COMMON COrNCIL. MoxDAV, March 12, 18r)5. ]:esolrc<],— Hint inasmuch as it is dcslrahle that the fullest informatinii on tho suhjoct of the Esplanade should be furnished to this Council and the public, it is expedient that a Select Committee sliculd be a])iiviinted to whom the contract for constructing the Esplanade and all otlicr papers connected there^Yith, together Avith the draft c£ the l)ill before the Coun- cil should be referred, and that such Committee should be composed of llis AVorship the Mayor and one member from each ward, to wit : Aider - men "Wilson, Smith, Carr, Sheard, Duggan and Henderson, and (.Coun- cillor Wilson. (' I MINUTES. 3Ion(luy, lOtli :\rarcli, 1S55. The Select Coinmlttce to whom \Yas rrferrcd the contract for constructing; the Esplanade, and all other papers connected therewith, together with the draft of the Bill hefure the Council, met at half- past ten o'clock, a. ni. Present The^Iajor, Aldermen Carr, Duggan, Henderson, Sheard, Smith, Wilson, Councilman Smith. Moved by Alderm:'.n Henderson, seconded by Councilman Smith, that Alderman Wilson be Chairman of this Committee. Carried. Klvas Tully, l">«juire, was requested to attend. He came, in pursuance of notice. 3Ir. Tully was shewn his estimate, dated 19th December, 1853, in which he states the (piantities and work as follows : — 1,000,000 cubic yards of filling, at Is. 3d £02,500 45 87-1 " gravelling, per road 11,4GS 10 Surface draining, paving, &c 2,5S9 10,350 feet Hncal of crib work, at 00s Contingencies : — 10 per cent, on estimate for ci general expenses ' Balance to provide for loss on De- bentures, being less than 10 per cent, on £150,000 to be 40,002 X in<2: anc 5 19 ippor tioncd when the work is cmi pleted 14,524 11 20,840 10 £150,000 t 4 lie pays lie diil init iiKiko up the fjuiintitlcs contained in his e^tiiiiiitL' iViiia iitt'Uil iiicasurciiient, Init fVfim tlio plan vliiili vas I'uriiislicd to liiiii )»y ilu; City (.'(luiicil I'ur the piirpdsi; of hU ostiiiialiiiL,^ upon, ^vllicll j)lan m:is prcjiariMl by !Mi'. Shaiilcy, dated oix\ November, IS,").'), and acccrdin^' to that ]ilaii be (liinks hi.s cs^titiiate or(iiiaiuities is rather under than (jver tlu! tnic i|uantitios. The above estimate is for the woilc contraettd to be d< lie by Gzowshi A: Co., from IJroek .Street to the ])on. ]Mr. 'I'ldly Avas asked if he Avould uive the CIr. Tully said he would procure as soon as possible. "Walter Shanley, Esquire, attended. Says that in his estimate of 21st July, 1:^58, as follows :— 750,000 cubic yards of earth filling, 11,000 " ashler masonery, 9,100 " rubble, 17,000 " loose stone, 232,000 feet of timber Thinks the prices he founded the total estimate of £1 "9,000 upon, were as fi)llows : — Earth filling, 2s. per yard £75,000 Ashler Masonery, GOs. per yard o4,S()0 Rubble, 25s. per yard [should bo 20s., £9,1 00]. . . 11,875 Loose Stone, 8s. per yard [should be 10s., £8,500] (),S00 Timber, Is. per foot 11,000 Total £189,575 I t Mr. Shiinlcy was a.skod what the cost, accorilini:; tn his urigiiial plan would Ikivo bee I fium the Queen's Wliail" tu Bruek .Street, which is Mot now in the contraet. Mr. Shanley was also recjucsteil to inform the Connnittie what the (linereiice would be between earryiiig out his original j»lan with stone Vt'oik as proposed, and cribbing; and what additional ijuantity of earth-work the change from the (jid line to the new liiu- W(jidd occasion. lie says the present (pnintity and aitual soundings ujion the contract line between Urock Htrect and the Don is 1,0lI.'),()(IU cubic yards exclusively of the filling already done by private tjwners ; thinks .') per cent, in this case for engineering and general expenses upon the work would be a propi-r charge, which would be .C4,r)00 upon £1 oOjOOO ; has never known more than 5 per cent, charged up(jn large contracts. Mr. t^hanley, u[»on being .shewn the plan on which is written, "Line of Ksplaiiade on which (Jzowski & Co.'s tender of Tth October, 1850, is based," containing the original Esplanade line, and a pencil line, says he thinks it the same plan upon which he pre- pared his estimate of the 21st of July, ISo^i, that the pencil line upon this plan corresponds with the present contract line. Adjourned at ten minutes past two, p. m. "Wednesday, 21st IMarch, If^oG. ]Met at eleven o'cbjck, a. m. Present — Adam "Wilson, (Chairman), The Mayor, Aldermen Carr, Henderson, Shcard, kSmitli, Councilman Smith. (Alderman iHig- gan came in afterwards.) AVrote letters to Walter Shanley, Kf^uire, and 3Ir. lirunell, for plans, <*J:c. Received letter from Samuel Thompson, Esquire, saying he was going to Quebec to-morrow, and if he was required by Committee he would attend. Wrote him to attend at two, p. ni. Kivas Tully, Es(pure was in attendance. He says he cannot tell tlie (juantity of work according to Shanley's original plan west of Brock Strei't, as he lias not been able to see the plan. e> (1 CI 1 .200 That the (lifTfroncG of work oast of IJay Htrect betwoon the oM jihin and ii(!W phin is as follows : — I. Crib work, 4,535 lineal, extra th-ptli, at 20s., between Ihy Street and IJerkelcy Street, the new line IkIii;^- an aYora<.fe of two fi'et deeper than tin- old line, ecpial to '[0<. a running Hint CI,");)..) II. distance between Berkeley street and the Dun, .say 1,500 lineal feet new Crib wovlc, fruni louiida- tion, at 00s. afoot <'»,750 The aliove items include stone fdliiig, at 00s. a foot. ;]. Stone lillinj^ occasined by extra depth between ]}ay Street and IJerkele)' Street, 120 tuise, at (i^^s. 4. Karth fillinj^ from r)ay Street to the Don, ofca- sioiied by extra depth and exlra K'n^^th, .'527,0<»O cubic yards, at Is. oil 2,0 1 :] 1 .) 287,000 yards, IJay Street to IJerkeley Street, oecasioncd by chanc:c from old to ik;w line; 40,000 yards, ]Jerkeley Street to ])on, occasioned by continuintr the Esplanade according to new I-lan 327,000 yards. 1'his is upon an estimate of an average depth of filling of 1 2 feet between Day and Derkcley Streets, and of 11 feet between Berkeley Street and the Don, as made from Contract plan. Total difference of £14,588 15 Occasioned by change of old line to new line between Day Street and the Don. Tlie third (|ucstiou formerly submitted to Mr. Tully, he says he cannot answer at present, as he cannot procure the original plan of Mr. Shanley, upon which to form an opinion. Mr. Tully says he thinks Is. 3d. a yard for earth filling, payable in cash was a full price, which is the reason he inserted that as the price in his estimate in December, 1853. Mr. Tnllv says he cannot fuid the paper upon whith he made up his former estimate of December, 1853, so as to be able to say exactly how he arrived then at the quantities there stated. The di>tanee from north-west corner of I'roek Street to outside oi lv^t •• ]hy '• ^' oUO " " ii(.rtli-e:i>t " (ie(»rgc " " i)f<0 " " iKHth-we.-t " ]Ierkley " " 580 " Mr. Tally says he iicvei- uiude an estimate of work till after con- tract arranged upon. Jleceived from AValter Shanley, E,<*iuire, the followln,;^ il<>cu- nients : — 1st. His Specifications, dated 20th July, iSo.'J. 2iid. Approximate Kslimate of cost of an Esplanade, on lines laid down hy {'(niimittee on ^\'harves and Harbours, July IS')."). ord. lietterfrom Mr. Shanley, dated this day, on above subject. J. (i. Howard, Ksip, attei:ded. lie says he made a ])laii in con- junction with 3Ir. .Seymuui', then the jirincipal Knuineer t)f the Northern 11. 11. Comjiany, of the proposed Esplanade for the City :;ad a detailed estimate of the quantity of filling for each lot on the three Hues : 1. Of thu old Ivsphinade line, from Simcoc Street to l]erkeley St. ; L'. Of the new one, as it is called in the lleports, Howard's, or the Centre line ; y>. And of the V\'indmill line, dated olst January, lS,')2. The fpuintities of filling in the different linos were as follows : l-O'hl Lino. 2-Xew Lino, o-WinJmill Liuc. Earth, 2;:G,3'.)5 yards, K irth, 478,04.'i yards. Earth, 1,811>,S82. The soundings now, as taken by nic yesterday, are precisely th<.' same as when the F.stimate above spoken of was made. ]Mr. Bar- low, who acted for ISlv. Seymour, made an estimate in which his (jUantities agreed with mine, but his prices varied : IfonMid's Prices. l!arlow"s. 1. Line, Siiucoo to Tjorkoloy Streets, iu- cludini^erihbing, stone fillin'r, and earth iilliug .' £21,503 C41,o0 1 o 2. Contro Lino, Queen's Wharf to Berkeley Street, same work 4G,70U 15 107,(Kt8 G ?, '.]. Windmill Line, from Queen's Wharf to I^,.,-rkeloy Street, same work 123,703 15 248,-308 1 3 Mv. Hovrard says he based his prices upon work which ho had car- ried out for the City. yiv. Howard, on referring to the 12th lleport f)f the Committee id' "\Vh;irvcs and jhiib.turs, ikitcd 8th iJecendjcr, lS5o, says tluit the 8 information submitted to him by the Committoe was a specification of IMcssrs. Gzwoski & Co., dated 7th October, 18')3, of Avhich he now hands in a copy ; the original one of which this is a copy, he docs not know where it is, but it was signed in rod ink, in the mar- gin, in name of S. Thompson, and he knows the one handed in to bo a true copy, — upon which occasion he reported to the Committee, on :>rd December, 1853, in eflfect as follows : That Cribbing could be done, 14 feet deep, 11 feet thick up to 10 feet from bottom, then diminished to 8 feet, covered with o-iuch plank, at 55s. per lineal foot, including stone tilling. In handing in his Iveport to the Comnuttee, the Committee seemed surprised at the lowncss of his estimate, and upon this he supplied the Committee with the data upon whii-h he founded his report. 1 1 jok a distance of 33 feet of cribbing, which I then understood, from information which I had obtained from the Committee, v>-as to be the length of each crib, and u.ade up the estimate of such :!:> feet as follows : JG50 cubicfeet of timber, at 7id ^€51 11 3 1250 feet inch measure, iu 4-inch plank, at 48s. per 31., stated at 3 800 feet inch measure, in 3-inch plank, 50s. per .M.... 2 l>ins 1 10 13 toisc stone, at 50s. per toisc 32 10 Total, £00 11 3 which sum if divided by 83 will give nearly £2 15s. per lineal foot, according to estimate in his report of 3rd December, 1853, firstly sent in. Upon my going over this with Committee, they expressed a great deal of dissatisfaction at my prices. Mr. (Jooderham said the tim- ber coidd not bo supplied for less than Is. per foot, and that the stone would cost at least $10 per toise ; to which I said if that were the case I must be very much out, and I begged to be allowed to cor- rect my report, both as to the timber and stone work, which I did, and sent in on the same day an amended report in eifect as follows : That cost per lineal foot would bo £4 5s., and if strongtlioiied by land ties every 33 feet of 8 feet front by 8 feet deep, the extra ex- 9 peiiso would be 7s. per lineal foot. This sum was made up us fol- lows, taking the same distance of o'-) feet as above stated : l<;50fLTt of timber at Is., £S:i 10 ]2r)0 inch measure at dSs. per IM., '•'> *' 800 '' " at 50s. " 'J~ Pins 1 1>^ <• l.'J toiscstone at SOs., 52 <> £141 Divided by o3 as above will give noaily the above £-1- .">>. I considered the prices firstly above mentioned to be (piite sulTi- cient, and that those secondly given in were too uau-h ; but when I head been assured by 31r. (Jooderhani, the Chairman of the Commit- tee, that my prices were altogether too low, and, as 1 had been ab- sent from this country in England fn- some time, and prices had risen in the mean time, I thought I must be mistaken, and that he must know better than myself, and I corrected my fir;12 '- " I'ctcr Street. 4 " '•' John Street. a 1-12 " " Simcoe Street. :]7-12 " '' York Street. And allowing for the superstructurt>, will give as the average height of cribbing less than 13 feet ; but T allow feet as f illows : 1050, being 9 feet high, 11 feet thick at bottom, R at top, and 3o in length, as above, at Is., £52 10 1250 inch measure, as above at 4'^s. per M., o 800 '< " at 50s. " 2 Pins 1 10 ^ 8Toiscstone SOs., -52 Total, £01 Divided liy :!:], as above, v.'ill give £2 15s. per lineal foot at ihc above highest prices. 10 As to sliriiiliaiiC in oartli wnrli Lcing donC; Itliink the cutting will iv.) (ho tilling. 1 havi' f^r(>n a phui nuitle by IjuiIoav, from a survey made l)y him and niy.'cH' together at the Northern 11. K. Cmnpany's Office ; u])on seeing that 1 will he able to tell the situatiuu of the centre or lloAViird's line by measurement fiom af^certained points, on shore at Ih-cck f-^treet, I know my line is ISO feet further south than the pre- sent bre.'ist work. 3Ir. li(,v.-ard says th;it ( !zw(i,d;i's speciiication of 7th October, lS5o, includes in the idling all the di>taiiee fi'om the point on the land from which the measurement (n the breastwork is madi', that is, GoO feet from ]h>i( k Street and '')■]() feet from Simeoc Street, the average b(ing r)SO fert from thi^. line on Trout i^trect, — while the Idling in is only from the shore and not from those places of measurement, lie says he has not nuide up the average according to the statement of iMessrs. Gzowski, but he will do so, — for he does not think there can be a millio)! of yards, nor more than he has himself allowed, which is h:ss than half that quantity for a greater area. Thiid;s '21 per cent, on value of work done, or to be done, would be quite suftieient for engineering, as hardly any engineering has to be done, the plans and information having been furnished by the city to the contra :tor ; the -\- per cent. 1 have spoken of would be suffi- cient for engip.eering from the beginning, that is taking measure- ments, distances, soundings, drawing plans, making estimates, speei- fieati'ins, ivc. Samuel Thompson, l^sq., attended. — Thinks the conversation spoken of by 3Ir. Howard with 3Ir. (Jooderham, as to the prices of tindjer and stone, took place. Mr. Howard had tinu; to satisi'y him- self as to the correctness of the prices he brought in ; he eertaiidy had no directions from the Committee to bring in a false estimate. 1 mentioned at the time that if his first estimate was correct, the Com- mittee must report against the work, that is against the contraet being completed. Upon being sliowu the plan on which Is marked, " Line of Espla- nade (ill which C. S. Czowski I'v Co.'s tender of 7th (Jctober, ]sr);}, i,s based," 31r. Thompson says that the pencil line mentioned in the 8tli lu'port (d' the C(unmittee of Wharves ;ind .llaibdurs, dated lOtli Oclober, is.");], is the light pencil line, coinmencing a little to the cast of the continuance of the Esplanade, from the angle of the Es- i 1 11 planailo lino on Buy ^Irci-t, a> iiKivIcod on tlio :ibnvo plan, and con- tiniiint:- from tlicncc in about a direct line to West ]Market-pl:ic-c, alx.ut 1.10 feet south of the latter place,— thence continuing; ca,«tcrly in u direct line to tlic south-AVC^t ;inde of Parliament and Front Streets ; tliis line was made upon the same by Mr. G/owshi. The 8th IJeport was made after the heavy pencil line w:!.< drown on the plan, which heavy pencil line; is the present contract line. The Committee had no estimate of the difference between 3Ir. Gzow^ld's ori-inal tender of 2'.>th Au-u>t, ]^:).'5, and the work which he proposed to do aceordintr to the pencil line, and of the material mentioned in the 8th lleport of the Committee,— because the Committee never adopted that pencil line as the one to be re- commended, nor sanctioned the mode of construction therein referred to. This work was proposed by ]Mr Czowshi to lie done according to the plan of reduced cribbing, prepared by Mr. Tlutmas at the suggestion of the Water Lot owners. The printed forms of tender fur the work, upon the plan of the reduced cri])bing, were put out by Mr. Thomas without the Icnowledge of tbe Committee ) the Com- mittee had never heard of the reduced cribbing, until the tenders upon the reduced cribbing had been opened, about the l:-th Feptem- ber, 1S.-,:1. The Con\mittee was dissatisfied at the time with Mr. Thomas for acting on behalf of the AYater Lot owners, while he wsis employed to act professionally by the city. I understand the reduced cribbing is reduced from Mr. Shanley's estinuite of cribbing to 3Ir. Thomas'. The Couimittcc did not receive any estimate of what the dilTerenoe would be between Gzowski'.s original tender and the one on which the cimtract has been made ; they had the estimate of Mr. Howard and'3Ir. Tully on the work as contracted for as a whole. T think 1 mnd.e a statement in the Council while the coidract was und.er discus.'^ii ;, that from information I had obtained from IMr. Thomas, for my own satisfaction, I had ctdculated the difference in the ontracts of the work tendered for by ^Ir. Borczy, and then pro- posed to 1)0 contracted fjr by ^Fr. Gzowski ; and I had satisfied my- .sioiial estimate showing the difference of the work be- tween the two tenders. Cannot remember of having my attention drawn to ?tlr. Shanley's Btatemcnt in his letter of 21st July, 1>'5:5, that the expense of fol- lowing Howard's line in place of his own would be onl} £5,000. Cannot explain why the distances from points in land to extent of breastwork, stated in the specitications annexed to contract, vary from the distances given in Gzowski's specitications of 7th October, 185B. I had been Secretary of Toronto and Guelph Ilailroad Company fur about a year, and ceased to be so about September, lS5:j. There never has been any relation existing between myself and Gzowski i^- Co., either directly or indirectly. There was no compen- sation or allowance in any way or shape, directly or indirectly, made to me for my services as a member of the Council or of the Commit- tee of AVharves and Harbours, or for anything I did connected with tlie Esplanade. 14 I protested at all times holding any coiumunication Avitli CJzow.ski &Co. on the business of tlic Council, iintl more particularly xuilcss in the presence of 3Ir. Gooderham. I think 1 remember Mr. Itomain sayiiiL^ in Cfjuncll, when the .-sub- ject of Cj/owsld's contract for the Ksjilanade wis before tlie Council, that he would not vote on the (question, which I believe was for the adoption of the 8 th Report, dated 10th October 1S5.'>, because he was in the emjdoymcnt of (Jzowski, A: Co. Sat till a quarter to six, p. m. Adjourned till half-past two, p. m., to-morrow. 'J'lie Committee met at half-pa.-t tv/o, p. ni., oa Thursday, 22nd March, IS,!."*. I'rc.^ciit — Adam AVilson (Chairman), the Mayor, /vldirmou Carr, ilcndorson, Sheard, Councilman Smilli. AVilliam Thomas, Es(|uire was examined. lie says, 1 was employed about the end of duly or beiiininng of August, i>^i)'-]. As 1 was then acting as City Surveycn-, under a rcsolati(jn of the Council diiiiiig ?dr. Howard's absence in England to make a design fur ast.ne v.'all breastwork throughout, upon 3ir. Shaidey's line of l>rea,st\vork for iin Esplanade, the Comndttee of Wharves and Harbours in- structed me to take up 3i(;ssrs. Howard and Fhanley'.s plan, and a--certain the real S(jandings along ?dr, Shaidey's liiie of breastwork — that is, Mr. Slianley's original plan. As soon as I prepared my plans, for a stoiu'' wall, 1 received instructions from the Connaittec to put these three modes of construction to piddle ti^nder — that is, Mr. Shanley's half stone and half cribbing; 31r. Howard's, all cribbing, forty feet wide, in from face of breastwork filled with stone ; and my own plan was stone thnnighout. The Committee and myself drew a forai of tender and advertised same. I then recona- mcndcd the Comnuttcc to prepare a schedule of the different kinds of work, that those tendering nnght till in the amounts which should be allowed for extras or onussions. The tenders I put out were to be for work to extend from the west side of Brock Street, terminating at Goodcrhnm's Wharf. [See the Schedule stating the same.] These tenders were based upon 3Ir. Shanley's line, but with increased depths, according to my soundings, which exceeded Mr. Shanley's by an average of three feet. Before the tenders wore sent in, I had seen the owners of water lots, having received a communication from them, saying the stone i i M# 15 wall \v:is tuo expensive to be adopted by the Council ; and that tlicy did not like Mr. Hhanlcy's plan, half eiibbinc; and h:dt' stone; and that it.would be better to got a more ccunoinical manner of doing the work, usint^ cribl)ino' only, and they wished me to prepare apian and spccilicati(jn for it, with cribbing only, and also to consult the ('ommittee of "Wharves and Harbours, and got the time extended to have tenders made upon this proposed cribbing. I consulted the Committee, stating what the water-lot owners were anxious to do — to have a cheaper mode of construction than cither 3Ir. Shaidey's or my own. They allowed me to extend tlu; time Inr a fortnight, and to get tenders u})on the plan of the water-lot owners, which plan is of cribbing throughout, filled with stone, in lengths of :'0 feet each, 11 feet in thicknes at the base, S feet at the top ; fliat is, battered o leet to average ]■] feet in height the whole length, with land ties every oO feet, of oO feet in length, secured to a continual sleeper, 14 ;■' 10, according to plan now produced and 1' I't with this Conunittee, having Is ;idditional joists in each thirty feet of lei;-th, fur the support of the stone filling, and having seven transveise sleepers of 11 feet at the bottom f)r each crib oi' .'5 f 'ct ; and this criljbing was to have a heavy crib, If) /C 1 1, f'naing a cop:!ig course. i.'pon this plan, and also upon the other phin, ten], is, as L lUnUr- stand it, reduced in cost from the other plans of sto-ie ami Iialf stone, and not the ([uantity or (piality of the work. I was present when the tenders were opened Isy the Cenunittee. Something was said of Gzowski's tender of. X 1 :ii 1,(1 vU And it was reduced by the Jetty .-£10,000 And work about to be done by the Northern Kailroad Company "',0« H) _ 15,000 Leaving the amount of his tender ;it CI J4,000 It was then mentioned, that for the same work there was a tender from George ^Vhite, & Co., according to Shaidey's plan, of£'100,0(;0 in Debentures. Some conversation arose, and I remendjer it distinctly, on the difference of jjrice between Gzowski andWhite, when ^Mr. Thompson IG said lie saw iin chaiico of ( lx:i!ni!Kitii.n of 3Ir. 1'hompson's tender, wd:o had only given schedule prices, and not a lun.p sum for ■\vhi(di he AVould do the work. '!'o ascertain whr.t the total of his amount would be at his tender prices, I nuide out a statement of the (juantities at his prices as follows :— -■ ():)7,0l.M) run of timber in cribbing, at £:!5 per 100 £21,;')72 20S,7t) I superficial inch lumber in plank, at 818 per M 004 20,000 cubic yards stone lilling, at Ts. Gd 7,533 700.000 '' earth filling, at Is. Gd 57,000 87,500 A Jd 11 per cout. iiicideutal expenses ],'-)12 10 £88,821 10 The result of ^Ir. Thompson's tender prices shewed he Avould do the M'ork according to my plan for about that sum. I reported to the Committee about the 19th of September, 1853, to the eflect of the draft report which I now have, and therein stated the lowest of the tenders as follows : — T)eb. (::\f.h. lloliinsou & Co., stone throughout with earth filling XlGo.OGO X150,000 G. White & Co., Shanley's plan 100,000 With an extra depth of 2 feet, as suggested by me 110,000 James Cotton, my plan of cribbing and stone till- ing throughout, and earth filling 7o,000 Carried forward .Cloti.OOO X150,000 J I 17 •Tames Cotton, vritli my stono wallin;^ and steps to tlitj end of the streets, about 13 streets 83,000 In this report I rcconuncMdeJ tlio accoptanco of Mr. Cotton's ten- dor at .175,000, and to have the addition of stone walling and stairs at the different streets. As to Avhat 3Ir. S. Thompson says about iny actin;^ for the Water fiot owners, I say, as I have before said, I was waited iipon by the Water Lot owners, and as I believed their interest was the same as that of the city. I thought I was acting for the interest of the city ia all 1 did. On Scpteuiber 24, lb5:}, ]Mr. Gzowski was present with the Com- mittee of Wharves and Harbours, when I came to their room, and a conversation took place between myself and 3Ir. Gzowski about the Hallway being threat<}ned to be taken to the back of the city in place of the front, — when I mentioned that it would cost three times as much to take it to the back of the city as the £10,000 he was to give for the track along the Esplanade. jMr. Gzowski said he thought so, too, at one time, but he was quite satisfied then to the contrary ; that he had understood from Mr. Jackson he would not c»»me down to the front of the city at all unless he had the doing the work, and his contract was accepted. I said to Gzowski it was a very extraordinary thing, the Great Western Ivailway Company was expending about a ([uarter of a million to bring their line down to the water at Hamilton, and the Grand Trunk Hallway should want to keep away from this front altogether, — he just passed it off. Soon after that, S. Thompson and Gzowski had some conversation between themselves, and they were retiring into the room in the rear, j\[r Thompson then having my plan (at present lying before me), when I called Mr. Thompson aside, and told him I considered it v/as altogether without precedent In my professional practice to make any arrange- ments with a contractor who had not competed for the work, — that it was an act of great injustice to the others who had tendered, who had gone to a great deal of labour in preparing their tenders. I don't know exactly what he said, but it was to the effect that he or the committee (I don't remember which he said), considered that they were at liberty to do so, and from that time my services ceased in this matter for the city. The reason for which, I believe, was be- cause I had so interfered, — the tenders were spoken of. ll ^} 18 I never had any reason to douLt of the different tenders bein.t; honajhU, 3Ir. Berczy's, for instance, or White's or Cotton's. I was present at the Committee room when Mr. Cotton was called in hy the Comnjittec, and they asked him if lie was ready tu carry out his con- tract, if everything was satisfactory ; he said he was <[uite ready to do so, or words to that effect. The plan before me, in which the pencil line is, is my plan ; the coloured line is Mr. Shanley's original line, upon which all the ten- ders were made, and which I extended to Gooderham's "Wharf The difference between doing the work according to Mr. Shanley's original plan, of half stone and half cribbing, and doing the same line of cribbing and in the same depth, will be £23,714. And upon being shown Mr. Shanlcy's estimate of masonry at £43,000, and deducting that from his total of £139,000, and then adding the ne- cessary height for timber and stone filling to make up to Mr. Shan- ley's height of 10 feet G, according to his plan the like sum and prices he has charged for the lower five feet, it would be £20,100. The result of difference between half stone and cribbing would be £23,800, according to Mr. Shanlcy's showing. Tender as above.... Deducted for Jetty. £130,000 10,000 £129,000 Deduct above difference between stone and cribbing £23,800 I then estimate the expense of work between the Queen's Wharf and Brock Street, which has been abandoned, the distance being 1,710 feet, — as- suming the same to have been done, — of the re- duced cribbing, the earth filling, say — computed at Is. 6d. per yard, while the above £139,000 in- cludes earth filling at 2s. per yard 10,000 Crib work and stone filling for same distance, on the prices of GSs. a 100 for timber, and 7s. Gd. a yard for stone filling ; while Shanlcy's prices are lOOs. a 100 for timber and lOs. for stone filling, and hia quantities are much more than mine 4,22G Carried forward £38,026 £129,000 19 Bnm-lit fonviird X38,02G XICO.OOO But still, ivt my low prices iiiul estimates, the ditfor- ence ia JC14,'22G. Loaviiijn; u resiiluo of jC90,074 Then I add fur the line of Kspliinado being car- ried further south and east than Mr. Shanlcy's ori- ginal jtlan as follows : )0 From I)(!rk(d(\v Street to tlie Don, one-third, the filling from IJroek Street to Wharf, say X3,3.3;5 Add the ahove cribbing 4,220 T(jtal jC7,o50 Deduct for only 1,500 in plaee of 1,700 feet, say 5.00 lle^iduo C7,000 Earth fillinp; for lino bein;!; carried further south, be- tween IJay Street and IJerkeley Street, from Mr. Shanlcy's original lino to contract line, as marked on my plan, now before Committee, in strong pencil, 275,501 yards at Is. Gd 20,007 27,007 Cribbing and stone filling will 1)0 same as old line. Total of original tender of Gzowski, as reduced and increascil according to present tender work X118,G41 The oncflneering of this work would bo 21 per cent, for surveying, (Irawinp; plans, c*ce., and completing tlie whole work. I never was asked by the Conimittce what my charges would be for superintend- ing, &e. I never gave Mr. Thompson any information that I re- collect of showing that Gzowski's tender at £150,000 was just as reasonable for the work he was to do, as jMr. Berczy's tender, at c£6 4,000, was for the work he liad agreed to do. I took my own soundings, but the measurement of distances from Shanlcy's plan ; all my calculations and quantities are taken from an average lo feet in depth. Assuming Mr. Berczy's offer of £84,000 to do the work from Goodcrham's Wharf to Brock Street, according to my plan with cribbing to the Queen's "Wharf, the difference be- tween such work he was to have done, and that Gzowski is to do it, as follows : I 20 Kxtra from Goodorhani's Mill to the Don say ono tliird oftho price (on 2nJ preceding pa{!;e), from Ik-rkeley Street to the Dun, that is of XT, U<»0, .say Xil,333 G 8 Also the extra liliin<^ south, between Uerkeloy Street and l>ay Street, as above, say 2<',*j07 ,C-J;i,0(iO G H AniMiint by which Burczy's contract is to be increased for ]iurpose of jiidginj^ of reasonableness of (izows- ki's last tender of XIOO.OOO : Less the cribbing and stone tilling between Queen's AVharf and IJnjck Street, included in Herczy's tender of Xs4,n(lL:;oc.st's Imnihvrltini^ ; ho is a clerk in (izowski's ofl'ict', or Mianajiinj; man, m' cliiof accountant. This was the tirst paper wliiili cntnc into my liands fur the purpose of draf'titi^ the eontract. Tpoii the ah()V3 tneiuoraiHhiiii I (hviHcd a contract, in pursuanct; of the terms uf tlie same. 1 subiiiittcd same from time to time to (i nvski. (i/owslvi said it was not drawn U[» according to liis memorandum with tli(i Cor]»oration. My reply wa«, it was drawn up accordinjj; to the memorandum whicli i h^id, which was given to me. What 1 say now refers particularly to fhe Is. JJd. per cubic yard for earth. (Jzowski objected to this Is. Ihl., as lie htttl taken tho contract in gross, and that the Is. JJd., according to my recollection of what r}zt)wski Sc Co. said, was an aiiproxi..:;'te merely to guide them in receiving their payments from the city, according to the work done, and was not to be taken as the actual price of the earth fdling itself. I said I had no power to alter it, — they had better see Mr. Thompson. They did do so, when my draft was alt<3red to the form in which it now stands in the contract, by the direction of Mr. Thompson. (Jzowski had my original draft ; Gzowski undertook to make a fair copy of my draft, which was the reason he got it. I have no recol- lection how or why the £1 10,000 was altered into jC1.')0,000, as in the contract. The letter, not signed, but dated 7th October, IS');], is also, I thirdc, in Mr. IJrondgcest's handwriting ; this letter is not the original document, so fir as I know, but the same is a copy sent to me from Gzow.ski's office. The pencil figures and writing on the memorandum of 2')th Xo- vendxT, ^^'h], appear to bu in Mr. Thompson's handwriting. I don't know how it is the specifications state the distance to be GOO feet from the n(jrth-west corner of Brock Street and Front Street, nor whether the plai\ upon which the above letter of 7th October, 1853, is founded is G-'U) feet, so that if there be any dilTerence, how that difference arose. Mr. Thompson was the one who managed the matter for the city principally. After Gzowski &, Co. copied contract, I compared same. AVilliam Gooderham, I'-'^ii., attended. — I was Chairman of Com- mittee of Wharves and Harbours in 185.3. Is shown above memo- randum, dated ^oth Xovendjcr, 1853. I may have seen it before, but I don't remeniber. The pencilling in margin ma}' be Mr' Thompson's, ])ut 1 don't know. I a' --ays understood the Esplanade was to have been built for £150,000 by Gzowski & Co., without any 09 t reference to the bridges; and I cannot explain why there is a differ- encc of £10,000 between the work of the JCsplanado as mentioned in tiie nicnioranduni of the 25th November, and tliat specified in the contract. I think Gzowski's tender of 2!>th August, iSoo, was about the first sent in ; he did not tender again witli the rti-t, but I tliink there was a communication from him on the subject. I don't know why Cr. White's tender of i: 100,000 on Shanh^'s l»hin was not taken. There were several tenders put in the Commit- tee did not entertain, because the Committee did not think the par- tics could carry out the work, and the Committee was not satisfied tlie work would be completed. I don't name any names. The Grand Trunk people Avere not satisfied if other parties had the contract, the Esplanade would be ready in time for their use. This was a powerful reason why Gzowski k Co. were preferred. 3Ir. Thomas was ordered by the Committee, I think, to prepare a plan of cribbing to suit the Water Lot owners. I ;'.m not positive of this, but I think so. The Committee did not take Gzow.ski's first tender of £1." JO, 000, and add to or substract from that, to judge of the reasonableness of his tender for £150,000, because the first was in a different line from the second ; but by dissecting the offer of £150,000, and making up a memorandum of the different parts of the work, — which memoran- dum was made by Messrs. Gzowski and Thompson in my presence, I think in Gzowski's office, — it appeared there was no great difference, or any difference that the Committee thought Avorth entertaining, be- tween the price of £150,000 for the work proposed to bo done for that sum and the sums for which the other parties had tendered to do their work for, which I also couple with the advantage of having the line of liailway along the Esplanade. I believed that Gzowt^ki k Co. would have taken the llailway line to the norih of the lity if they had not obtained the contract. As to the 40 feet right of way, I think if that were given in exchange for the extra piece at the south and (he j>trip at the north, that the city and owners of water projierty will still be gainers. 1 do not remember whether IMr. Thomas had limited the parties tendering in his specifications to do the work in two years. I do not thiidc any indulgence at all, as to the tiiiu; within which the work was to be done, was given to Gzowski c*v: Co., over the others who terulered. The owners of water lots opposed the pruceeding as to I * , " 4^, t t ' iV 23 the Esplanado, bccnnsc they wanted a line of Esplanade, to suit theraselvcsi, and because the earth filling they contended they should only pay Is. 3d. a yard for. The line of Esplanade was afterwards made to suit them. I understood the owners were to pay no more than Is. 8d. a yard for earth filling. The corporation, I thiid<, con- sented to this, at all events they satisfied the water-lot owners on this point. Gzowski expressed a willingness to pay any one who •"'ould contract with him for it Is. od. a yard cash for earth filling. Mr. Thompson, upon the amalgamation of the Toronto and (luelph Ilail- road with the (jrand Trunk, was recommended by the Directors to be allowed £500 for the loss of his office as secretary to the Guelph llailway. The Esplanade along my easterly property would not leave above 20 feet, after deducting from it the GG feet required for the road. I cannot give any account of pencil marks on plan, nor how it is there is a difference (if there be such a difference) between the line of Esplanade at Brock Street and the other streets, as required in the plan of 7tli of October, 1853, and in the contract plan. I did not consider whether the city had the power to sell the -iO feet right of way in the position in which it is. I did not ascertain what claim the water-lot owners would make for the land proposed to be taken from *hcra above the 100 feet, because I thought their proportion of what they would receive upon a valuation of the lots being made by being e-ctcnded to the windmill line on the south and the south of Front Street on the north, would be a sufficient recompense to them. I do not think I over told Mr. Howard to take back his estimate and amend it. If I did tell Air. Howard anything, it must have been based upon 'ither work I was having done, or more particularly the price that work was being done for at the Queen's "Wharf. I did not tell him to put the price of timber at Is. per foot, or stone at SIG a toise, and other things in proportion. Neither did I ever state that if 3Ir. Howard's first estimate were correct, the Committee would have to report against Gzowski's tender. I do not think I took any material action in the plans of the Esplanade ; ^h. Thompson struck the lines, but with my consent, to ^:;uit the views of the water-lot proprietors. I never objected to act as ihairman of committee, but Mr. Thompson did much or juost of the writing, as being more accustomed than myself to the pen. ■ -mmi ii *Ma, 24 I was no party to any change being made, nor was I aware that there had been any change made in the line of Esplanade after the contract was accepted with Gzowski & Co. James Cotton attended. Tendered for the Esplanade in fall of 1853, £75,000, for crib-work and earth filling. jMyself and water lot owners opposed the contract being entered into, because they wished to know the prices that the particular parts of the work were to bo done for. An assurance was afterwards given in Council that the owners would be charged only Is, 3d. a yard for the earth filling, and that that was the price that Gzowski's tender was based upon. I heard after that this price was repudiated, cither by the Council or by Gzowski, and that the water-lot owners would bo charged whatever the proportion of each lot would come to, not basing it upon Is. 3d. a yard, but upon the round sum of £150,000 for the whole work. Upon receiving notice to fill lot, which was also given to other water-lot owners, I called at City Hall twice to see the plan of Esplanade adopted by the Council, but could not find a plan which was authorized or adopted by the Council. I took a sub-contract from Gzowski & Co. to build the Esplanade according to his contract with the City, for Is. a cubic yard earth filling for all the earth I got between the south side of Front Street and the waters of the bay, and for all that was required over that I was to provide it by dredging or otherwise as I could, at Is. 2d. a yard, to complete all the necessary earth-tilling. Cribbing at £37 10s. finished all complete for every lineal thousand feet, equal to 9d. per foot workmanship and all, stone filling at 45s. a toise, placed in the cribs. Wo could make no estimate exactly. Gzowski said there might be a million of yards earth filling, 400 M. feet timber, and about 4,000 toise of stone. Gzowski informed me that he had only Is. 3d. a yard for earth filling himself After G/owski had taken the contract, I said to Gzowski I would be very willing to take the job from him at £75,000. Mr. McPherson, who was by, shook his head, and said that they could not let the work at a lump Bum. I think my sub-contract price, if the work had been done under it, would have been less than the £75,000, and I believe the above quantities are over estimated by about 25 per cent., computing from that which has been already filled out. It was my intention to carry out my contract if I had got it; I never intended to back out of it ; ♦ 25 4^ I I never gave any one any roa.son to believe I would not do the contract. I never tendered at any time where I was more anxious to do the work tendered for than when I tendered for this work. 1 bought in Vau'^han £0,000 of pine timber land, chiefly for the Esplanade (if I had got it). My impression is, that Mr. Thompson w^as determined to give the contract to Gzowski. My impression was that he was in Ozowski's employment. It was notorious that Gzowski k Co. were contractors for Toronto and Guelpli llailway Company, and had the control of the election of directors, and Thompson was the secretary, and received £500 bonus, as I always understood; upon what particular ground I do not know. Adjourned at 7 p.m. till Wednesday the 28th March, 1855, at half-past 2 p.m. Summon G. White, A. Manning, and C. Berczy — to bring all necessary papers, memoranda, Sic. Wednesday, half-past 2 p.m. 2Stli March, 1855. Present, Adam Wilson (Chairman), Aldermen Carr, Duggan, Henderson, Shcard, Smith, and Councilman Smith. Charles Berczy wrote he could not attend. Alexander Manning attended. I made and was interested in a tender for the Esplanade work in 1853. I was a water-lot owner in 1853, and was very much annoyed about the passing of the act compelling water-lot owners to build or pay for their own share of the Esplanade. The water-lot owners had several meetings on the subject, when I acted as secretary. Mr. Berczy consulted with me on several of the water-lot owners com- bining and making a tender for the work, as a means of keeping down the allowance of any excessive price to whoever might get the con- tract, as it was expected that Gzowski & Co. would then get the contract. We were then prepared however to accept the work, and go on with it if we had got it. I jointly with others from the States tendered to do sections of the Guelph railway on this side of Georgetown; Gzowski k Co. also tendered for the Guelph Railway lino, and have since got it. After they had got the contract, the Guelph llailway Company bought out Sterling, at the foot of York Street, for a depot, intending as I thought to continue their line from the west of the old garrison { 2G cnstcrly into the city, under tlie bank, accorJing to Shanlcy's plan of the lino of the Cuclph Kaihvay -within the city. I with Snarr then took a contract from (Jzowski and Co. to supply 00,000 feet of tim- ber for cribbing, and to frame it and prepare it ready to siidc on the line of llaihvay, which I should think will be about the same line where the l']splanadc on that part of the city now is. Gzowski then said that this quantity would oidy be a small portion of the timber which would be required, but he could not tell at present, because they expected to continue the line from York Street westerly beyond the Queen's AVharf to meet the (jiuelph Hail way. Czowski wished nio to sink the cribs. I refused, because (Jzowski would not allow me 88 a toise, as he said he could get it for less. I was to be allowed £28 2s. Od. per thousand feet of timber, completely worked and fmished, ready to be put together for sinking. In July or August, 1853, the amalgamation between the Grand Trunk and (iuclph Railway lines took place. I had been proceeding under my prior contract for some months before, but on the amalga- mation taking place, they gave me notice to stop, saying they would be likidy to get the work of the Esplanade, and the whole of the timber would be wanted for that job. My sub-contractor sued me for damages for stopping him in his work, and Czowi?ki & Co. settled the demand which was so made against me. In September, 1853, I tendered for Esplanade as above mentioned on Shanley's plan of one-half stone, Thumas's of wood, and Thomas's of stone. I was interested in Cotton's tender on Thomas's plan of wood for £75,000. I was interested in that of G. "White's for £100,000 in Shanley's plan of half stone, and I was interested in Cotton's tender of £180,000 on Thomas's plan of stone throughout. White and myself came here and saw Thomas's plan now produced to me, and we saw also Mr. Thomas's elevation of the stone breast- work, which gave the depths of soundings at the different points. I made up the quantities according to Thomas's soundings, even on the tenders which were made up on Shanley's plan, not taking the quantities on Shanley's plan. The memorandum I now produce contains the height of cribbino:, accordin^r to Thomas's soundings, from the Windmill to Queen's Wharf, shewing an average of 13 feet throughout. The quantities of earth filling I actually made, to be necessary, were 547,077 cubic yards, but I put it down for a little larger, that is at 567,000 yards, and this was made up from Thomas's 1 ■ 1 />•, ( i ■ 1 27 depths ami cli.stance??. The cribbirii^ is from (]nccn'd Wharf to the Wiiidiiiill, tlic earth filling from IJroek Street to the Wimlmill. My average of earth filling in deptli tliroughout is I) feet and a little more, and I do not think it will take nujre than the above 507,000 yards to do the work, even according to the new line, which is further to the south and cast. Betv/ecn ]?rock Street and York Street, for instance, the depth of earth filling is not 9 feet, nor more than 7 feet, and the soundings are not so deep as those upon which I based my coujputatiiin, so that the extension further south and further east being in less soundings than I reckoned upon, where it is further south, and being less from York Street to JJrock Street than I com- puted upon, aiul which is a part of the line which has not been altered; the result is tliat my deeper assumed soundings, and greater average depth of earth filling throughout, will fully e(jual the difi'er- ence occasioned by the line being extended more to the south and east ; and I feel perfectly satisfied that now the work will not take more than 5(J7,000 cubic yards of earth filling. xVfter Czowski had got the contract, that is in December, 18r)l>, I said T was surprised he had got the cuntraet, with such an increase of price upon it, Avhen there were otliers who had tendered for less. lie said it was their luck that the Corporation should have taken their first oft'er of £lo((,000. I then shewed him my (juantities and dis- tances, and said I was sure they ^Vere correct. On the KJth of March, IS.VI:, after a good deal of iiegociation. Cotton, White, and myself took a sub-contract from (jzowski and Co. to do the earth filling, cribbing, and stone filling from J>rock Street to the Don, the whole line of Ksplanado, which we wished to do in bulk, fur £05, 000, as I think Gzowski seemed willing to let it in bulk, but 3Ic]'herson was not willing, so we agreed to do the earth 'filling at Is. a vard for what was taken from the bank, and l.s. 2d. a yard for all earth tliey had to provide elsewhere; but (izowski & Co. told me we could get 750,000 yards south of Front Street, f?1 50 per thousand for the timber, and 80 a toise i'ov the stone, all complete. The quantities which I make up of the different kinds of work in the Esplanade will be as follows : — 507,000 cubic yards earth-filling at my price, Is. £28,:550 4,000 toise of stone, at?!) 0,000 ;)50,000 feet of timber, at 8150 M 1 :), 125 28S,000 feet of plank, at ^S12 3[ SOI i;4i,:ja9 o o 28 I always thoutrlit our work in tlie whole would amount to about £50,000. Mr. Thompson said the water-lot owners would not he called upon to pay more than Is. od. a yard for earth fillini;; upon this they withdrew their opposition to the contract bein<^ made with Cizowski & Co. Afterwards Mr. Thompson said that Gzowski & Co. had taken the contract at a lump sum, and if they only paid Is. 3d. a yard for ejirth fillinp:, they would have to pay the difFercnco upon the crib work. I never heard of such a charge as 2s. a yard for earth lillinL', until (piite lately. Tenders were put oif for a fortnight or so by the Committee on Wharves and Harbours, to enable Thomas to nuikc up his plan of cribbing, and to receive tenders upon the same. I set the cribs which I sank for Gzowski and Co. in the ground as it was, without any dredging ; they would not allow us for it. Our contract did not specify dredging. I know Cotton was prepared to go on with his tender if he got the contract. There is no arrangement made at the edge of the breastwork leading down by stairs or other- wise to the water. George AMiitc, appeared. I tendered in September, 1S53, for the Esplanade, according to Shanley's plan, stone on crib foundation, £100,000, at a distance of 11,300 feet, which I was anxious and ready to carry out if I got it. My quantities wen^ : — 507,000 yards of earth filling, at Is. 6d £42,525 373 cribs at an average of 1,300 feet of timber to the crib, each £70 a crib 20,110 C,000toisc of loose stone, at GOs 18,000 11,300 feet of planking, 10 feet Avidc, 4 inches thick, at ^8 M. inch measure 2,(500 Contingencies 10,705 £100,000 This docs not include in express terms the quantity and prices of the different kinds of stone work according to Shaidey's plan, but I thought I could do it for the above £100,000, allowing £10,705 for contingencies as a part of the allowance fjr the stone work, and de- ducting from the other items as liiuch less as would be required vy doing it of stone in place of crib work throughout. I put in my tender, after being assured by Mr. Thomas that the lowest one would f Of) be accepted. I sat here several nights witli 3Ir. Thomas, getting in- formation from him to enable me to make it np, and I Avas qnite pre- pared to give security and go on with the work if I got it. I did not reckon upon getting the e* rth from tlie bank when I tendered ; T thought of getting it from tue Don, or from my farm, or from elsewhere, when I allowed 1 . Gd. a yard. (.letting it from the bank makes a great dilTerence, b; reducing the price of earth lilling ; 1 estimated, and so I believ " .1 all the others, to the water's edge of the Esplanade as the spuv^v. »,o be filled Avitli earth, although all along the water edge consists of cribbing and stone lillinL'. 1 made n<» deduction or allowance upon that account. Adjourned at a rpiarter before 7 P.M., till Friday at 2] 1*.M. Summon J. G. Howard, S. rieming, Jonathan ])unn, John Bax- ter, D. L. MacPherson. I Friday, oOth ^larch, 1855. Committee met at half-past 2 P.M. Prc-cnt, — Adam AVilson, Chairman ; The Mayor; Aid. Carr, Hen- derson, Hheard, Smith, and (.'ouncilman Smith. John ]]axter, attended. — I was a member of the City Council in 1853, and I believe, in the fall of the year, a member of the Com- mittee of Wharves and Harbours. Sandford Fleming, Fs(|. — I am a Civil Engineer. The distance on ]\Ir. Thomas's plan of 7th October, 1853, between north-west cor- ner of Front Street anl the intersection of Ikock Street, is about GGO feet to the edge of the embankment. From the north side of Front and the west side of Simcoc Street, the distance is about 535 feet to the edge of embankment. From the north side of Front Street and the west angle of IJay Street, the distance is 535 feet to edge of embankment. From the north side of Front or Palace Street, and ea.'-^t side of George Street, the distance is about GlO feet to the edge of embankment. From the north side of Front or Palace Street, and the west corner of ]3erkcley Street, the distance is about GlO feet to the edge of the embankment. 80 In plan of ord November, 1853, the distances are us follows : at, Foot. Dlf. ]Jerkcley Street, from same point, 575 35 George " " '' COO 10 IJay " '' '' 520 15 Simcoo <' " " 530 15 Brock " " " 035 25 On contract plan distances as follows : lierkoley Street, from same point, 580 Gcor-e " " " 580 Buy " '' " 500 Simcoc " " " 500 Brock " " '^ GOO The ditrercnce in the price of cartli tilling, by having the line of Esplanade less by 30 feet to the soutli than it ouglit to have been by the plan of Tth October, 1853, will be about 103,500 cubic yards. John G. Howard, Es<[., attended. — The distance is 3,207 feet from the west side of Brock Street to the east side of York Street ; and according to the estimate of prices I formerly accepted, after having seen the Committee on the subject, as I formerly stated, at £4 5s. for cribbing and stone fdling, the work that is now actually being done is so much less than that which I estimated was to have been done for the £4 5s., that, allowing this increased sum of £4 5s. to stand, and calculating the quantities of actual work being done at such increased price, it will very nearly equal my first assumed quaji- titics at my first low price of 55s. per cubic foot. The effect of all this is, that by increasing my prices from 55s. to SSs., but by taking the actual quantities in place of my former as- sumed quantities, the result will be about the same. Above distance, from west side of Brock Street to cast side of York Street, 3,257, at 85s. [A confusion arises here by permitting the distance of 3,257 feet to represent two different quantities of work, while the details should be mada up to show the precise diifercncc at one price or another.] The quantity of earth filling which I make up will be required to complete the contract line between Brock Street and the east side of York Street, will bo 189,901 cubic yards, according to my measure- ment of the bank before the banks were cut. T have not made up . \' 31 what the difference between stone work and crib work will be j nor have 1 made up any estimate of difference occasioned by deducting the leuL'th of line between the Queen's AVharf and IJrock Street, and by addinir to it the greater extension to the east and to the south. .Adjourned at P.M., till Tuesday at half-past 2 I'.M. * Tuesday, 3rd April, 1855. Met at half-past 2 P.M. Present,— Adam Wilson, Chairman ; The Mayor j Aid. Carr^IIen- derson, Sheard, Smith, and Councilman Smith. J. Cr. Howard, Es.j., in attendance. — 1st. I produce a sketch and esthuate of Shanley's plan, of half stone and half cribbing, ac- cording to Thomas's soundings of an average of VA feet, including the Jetty, from the Queen's AVharf to ]5crkelcy Street, and I make the quantities as follows, at Shanley's prices : 352,000 cubic feet timber at Is., .£17,003 11,000 " yards of dredging at 2s., 1,100 stone filling... at 10s., 12,801 10 ashlar at GOs., 34,800 rubble at 20s., 9,000 earth fillin-... at 2s., 75,000 25,723 11,000 11,000 750,000 a (( (( a a Total, £150,424 10 2ud. x\n approximate estimate of the cost of an Esplanade on llovard's Unc, according to Shanley's plan and soundings, from Brock Street to Parliament Street, distance 8,741, one-half stone and one-half cribbing,— the quantities are as follows, at Shanley's prices : lG3,7l2feetlinealtimber, at Is £8,185 12 8,741, at 140 yards in every 100 feet, equal to 12,23Gcubicyardsof stone filling, at 10s.... 0,118 8,741 cubic yards of stone ashlar, at GOs 2G,223 8,741 feet of rubble wall, equal to 3,042 cubic yards, at 20s. ^,042 490,977 cubic yards of earth filling, at 2s 49,097 14 Carried forward £93,800 32 iJi-ourrlit funv.ml £93,800 Extra earth iilling out to Howard's line, Mr, Slian- loy's estimate of (liffcrcnco r),000 Total, .^l.).^,800 For estcnuiup; line from Parliament Street to the Don, distance say 1,500 feet, by an average of 250 feet in width, and an average of feet deep : 33,51 feet cubic timber, at Is £1,075 10 30,U00 feet inch measure of o-incli planking, at 00s 2,400 cubic ys. of stone filling, at 1 Os. 83,8;j2 '* " earth tilling, at 2s. lOS 1,215 O l)0 C.OO.) 1 11, HOI 11 Total, £110,228 0~0 3rd. An approximate estimate of the cost of an Esplanade from the Queen's Wharf to Uerkeloy Street, according to Shanley's line and plan, substituting crib work throughout in place of one-half stone an.' one-half crib work, the (piantities will be as follows, including !lrj Jetty, — allowing -jOO feet return at Queen's Wharf with 200 feet, making in all a distance of 11,000 feet, at Shanley's prices : 441 ,440 feet of timber, at Is £22,072 34,000 stone filling, cubic yards, at 10s 17,000 750,000 earth filling, at 2s 75,000 878,400 feet inch measure, in 3-inch plank cover- ins:, at GOs Then extending this from Berkeley Street to the Don, as in prece- ding page, will be £11,301 14 And carrying the line of old Espla- nade, from Day Street to Parlia- ment Street, as far south as their thin pencil line drawn by Gzows- ki on Thomas's plan, will give additional quantities as follows, according to memorandum here- inafter mentioned : 104,444 cubic yards of earth fill- ing, at 2s 10,444 8 835 4 £114,007 4 £21,806 2 88 1 Then if work which has been ahanJonctl Im Ivv tl Wl'i- 1' and -liuw w t the pc ri( iinc iJnx'k Stn.'i't be deducted, the above aiuouiit work should hiive been done fur according to (j/.ow,.! >f 4tli. Estimate of work in prot^re.ss to form the Esplanade fronj Hrock Street to the Don, the prices will be £1 15,s. per lineal foot fur cribbing, including stone filling, and Is. Gd. per cubic yard fur earth fdling: '5,257 feet of cribbing, between west side of J3rock strcetandeastsidcof York .Street, at jC2 Ifjs... jCS,95G 15 189,1)91 cubic yards of earth filling fur same work, iitls. (kl 14,249 G G 5,48 1 feet of cribbing from cast side of Vork Street to I'arliamcnt Street, on thin pencil line or ( ; zowski's line, at 55s 15,08 1 275,258 yards of earth filling on old line of Espla- nade, between cast side of York Street and Tarliament Street, at Is. Gd 20,044 7 I0t,4il- yards of earth filling extra, out to thin pen- cil line or (izowski's line, at Is. Gd 7,833 G £GG,7G4 14 G 78,500 extra yards of eartli filling out to thick pencil line or line ten- dered npon 7th October, 185.», at Is. (Id , .£0,502 10 1,500 feet cribbing and filling, from Parliament Street to the Don IJridge, at 55s 11,301. 14 17,924 4 £84,088 18 6 Which I think will be the full value of work as it is being done. The reason I allow the j£2 15s. per lineal foot, is because the aver- age depth is only 9 feet, while in my former estimate, as corrected on information received from the Committee, my price was £4 5s. per lineal foot, at an average depth of 14 feet; and admitting the higher estimate to stand as the value of work 14 feet in depth, the above sum of £2 15s. per foot is fully sufficient at the average depth of 9 feet. * Note. — Mr. Howard's evidence in tliia part was not completed, itrequircd some calculations which were not supplied. 3 84 The nctiijil quantUicfi of work on Ksplatuulc na now in prnprcss, at Mr. Shaiiloy's prices, from ]irock »Street to ea.'^t .side of Y(jik Street : 180,01)1 cubic yards of earth lillinf:, at L's X'1S,1)!>1 2 107,SU0 feet of timber, at Is 5,:}00 7S4 toisc of stone filling, at 80s l\,VH) £-11,1-^1 2 Received on .'lOth of 3Iarch last a note from D. L. ^kliuTson, sayini^ he could not attend, but he would answer any question in writing. Adjourned at 20 minutes past 5 1*.jM., until to-morrow, at half- past 2 P.M. Wednesday, 4tli April, 1855. Committee met at half-past 2 P.M. Present, — Adam Wilson, Chairman j Aldermen Carr, Henderson, Shcard, and Councilman Smith. Received letter from ]Mr. Fleming, saying he had not had time to make up the statement required of him, that it would take two or three days to make it. Mr. McPhersou was written to by direction of Committee, to ex- plain why it was the difference existed between the distances from the north side of Front Street and the outer edge of the Fsplanadc, as stated in the plan and tender of 7th October, 185o, and the ac- tual contract plan and specifications. The Committee liave been informed by the Chamberlain, that Water Lots, Nos. 53 and 54, were leased by the city to the I'oronto and Guelph Railway Company on the 25th November, 1852, 177 feet at 30s., ^205 lOs. Upon making an estimate of iMr. Shanley's estimate of the ex- psensc of his Jetty, half stone and half crib-work, at his own price it appears as follows : — 87,000 yards of earth filling, at 2s £8,700 Mr. Shanley's own estimate : 20,700 feet of cribbing, being 900 X 200 feet X TG in depth, at is 1,335 866 yards of Ashlar Masonry, at 00s 2,598 3 CG yards of Rubble do. at 20s 3CC The total expense appears at jC12,999 85 while he cstimutcJ it at only X 10,000 or about £3,000 under the mark. Adjuuriicd at 10 luiuutos past 5 P.M. Monday 0th April, 1855. Coiamitteo mot at 1 I'.M. Prcsont, — Adam Wilson, Chairman ; Aldermen Carr, Shcard, Smith, and Councilman Smith. Ih all lloport read ; directed to bo engrossed and presented. Mr. Howard was in attendance. Adjourned at a .[uarter pa.st (i P.M. The Committee in the course of their investij^ation have mado re- ference to the following among other documents : 1. Letter of A. M. Ros.s, dated 2S June, 1853. 2. Letter of K. Tully " 20 Aug., " 3. Tender of (!zowski&Co '^ 20 '' " 4. Statement of prices of E. W. Thompson. " " " 5. Letterof C. Berczy&Co " 10 Sept., '' (',. '• .James Cotton " " " " 7. ' (J. H.White & Co '• " " " 8. « Czowsld&Co " 21 " '' 0. " do " 2;; " 10. " W.Thomas '• 1 "> Oct., " 11. llesolutions of Water Lot owners presented " 17 " " 12. Printed Copy of proceedings in Kxecu- tive Council " G Dec., " 13. Specifications of K. Tully " 12 <' " 14. Letter and estimate of do " 19 " " 15. Petition of Water Lot owners and lessees to the House of Assembly, presented, it is believed, in 1854. IG. Printed Copy of pror'osed Esplanade Bill and of proposed amendments, by owners and lessees " 17. Letter of K. Tully dated 3 April, " 18 to 30, inch The 13 different documents of tender of the other contractors beside Gzowski & Co. 31 to 45., inclusively. The Ileports Nos. 1 to 15, inclusively, of the Committeo of Wharves and Harbours for the year 1853. 46. Specifications of Mr. Thomas In 1853. (( 21 a a i i 20 a a a 28 Sept., u li aboiii , .«ainc time. a 7 Oct., 1853. '' ^i (< No date. 4 k 2 Nov., a 86 47. Report of Mr. Shanley dated 10 July, 1858. 48. do. do 49. Specifications of do 50. lleport of W. Thomas 51. Report of do. 52. Tender of (Jzowski & Co " 53. Copy of specifications of do 54. Report of W. Tliomas 55. " AV. Shanley 50. Letter of do. 57. Report of do. 58. Memorandum of (izowski & Co., contain- ing Mr. Thompson's pencil mem 51). Report of J. (jI. Howard 00. Copy of Contract 01. Approximate estimate of W. Shanley, ex- plaining his former quantities contain- ed in his report of 21 July, 1853 (52. The draft of proposed Esplanade Bill. r>3. Czowski Co. 's communication to his Wor- ship the Mayor I3eside the contract plan, specifications and contract, tlic plan of Mr. Thomas, in which is written, " Line of Esplanade on which C. S. G. & Co.'s tender of 7 October, 1853, is based," and containing the thin pencil line, the thick pencil line, and Gzowski & Co.'s line tendered upon on the 7th October, 1853. The plan intended to represent the above thick pencil line, and the contract line dated 3 Nov., 1858. 25 Nov., •■' 5 Poc, " 1 Junv., 1>54. 20 ?Jurch, 1!) 1854. The plan of Mr. Thomas The letters patent to the City, and the Espla- nade plan attached thereto The License of Occupation The Statute passed S cpt. 21 Foby., 1840. 2!>3Iarcli, 1853. 14 June, " The Committee then directed Mr. Howard to make copies of dif- ferent plans, showing the quantities and distances according to each plan, to annex to the Report of Committee. Presented Report in Council, 10 April, 1855, with appendix of 8 plans. V 7 % i: I E 37 ^ Saturday, 21st April, 1855. (.■ommlttce met at 2 P.M. PrcKcnt, — Adam Wilrion, Chairman ; Aldermen Carr, Henderson, Sheard, and Councilman Smith. Draft of ])ill amendlni^ flsplanade Act read, and desired by Com- mittee to bo engrossed, and introduced into Council on Mondoy night, the 28rd instant. Adjourned at 20 minutes to 4 P.M. ■• A P P E N D I X. iNo. 1.] MINUTES OF STANDLNG COMMlTTEl^ ON WHARVES IlAllBOUilS, &c. Monday, Sep. 12, 185o. Proscnt — The Chuirman, Alderman Thompson, Councillors Green and M'Donald. Tlie followin;^ Tenders for the Espluuude were opened : 1. From Messrs. 0. S. Gzowski & Co., offering:; to construct the work according to the plan and estimate of Mr. Shanloy, and to allow the sum of X10,000 for the right of way on the Espla- nade to the width of forty feet. 2. From E. AV. Thompson, detailing the price per foot and yard. '). From II. Tinning, according to reduced plan of criljhing of Mr. AV. Thomas.^ ^ £12;],000 debs., 111,900 cash. 4. From AA^orthington & Co., for stone AYork throughout 187,000 " 170,000 '' 5. Do., reduced cribbing 12:5,200 '' 112,000 •' 6. C. licrczy k Co., for stone work throughout £200,000 debs. 7. Do. accordingto Air. Shanley's plan 110,000 " H_ Do. according to reduced plan of cribbing by Mr. Thomas 8 4,000 " 9. Jas. Cotton, cribbing according to Mr. Thomas's pl;xn ,£75,000 debs, or cash. Filling' out to line of iNFv. 'I'homas's ,C70,000 10. Jas. Cotton, stone work throughout 180,000 According so Shanley's plan and specification 1 10,000 T ^ if t 39 11. A. (\. llobinson & Co., Mr. Shanlcy's pbn 152,400 debs. Do. do. I:i8,(i00 casli. 12. A . (I. llobinson & Co., reduced evibbing 155,000 debs. Do. do. 150,000 cash. 13. CI. II. White & Co., reduced cribbing 88,000 debs. 14. Do. AV. Shank'y's plan 100,000 debs. 15. Do. stone work throughout 190,000 dobs. 10. A. DcGras.si & Co., W. Shanlcy's plan 158,970 cash. Add 20 per cent, for debentures. 17. E. W. Thompson, stonework throughout 210,000 debs. Do. do. 205,000 cash. 18. Do. W. Shanlcy's plan 105,000 debs. Do. do. 102,500 cash. Ordered that the whole of the above Tenders be referred to W. Thomas, Escj., to report thereon to the Committee. (Signed,) W. GOODEiUIAM, Chairman. If iNb. 2.] Lettkii of C. S. GZOWSKI k CO. Toronto, 23d Sept., 18-33. g£ji — With referenco to our communication of the 29th ult., wc bog to iiifunu you that our proposal to allow ten thousand pounds for right of w:iy for the Trunk line over the proposed Esplanade was in- tended to 1)0 conditional, on the acceptance of our offer for the con- struction of the work. Our engagements, as well as those of [Messrs. Jackson k Co., with the Grand Trunk llailway Conqiany are such that another location of the line must bo adopted uidess we can be assured that the Es- planade will bo completed in time to receive the Tracks; and the question of timo is of such vital importance to us, that wc arc un- willing to incur the risk that we should be exposed to if the execu- tion of the work were intrusted to other hands than our own. We have the honour to be, Sir, Your obedient servants, (Signed,) GZOWSKI & CO. W. Gooderham, Es((., Chairman of the (Jommittec of Wharves and Harbours. 40 [.Yo. 3.] PETITION OF THE OWNEllS AND LESSl^ES OF WATFll LOT.S. To the IlunoraUe tlte Lrglslatlvc Anscmllij of (lie Proiincc of Canada, in Parliament asscmhlcd. The petition of tlic undersigned, Owners and Lessees of AVatev Lots in the City of Toronto, Avhose Property is affected by the Toronto Esphinade Act and the proposed Amendments thereto; licsjjecffuU^ shciccth : That the Act passed in the sixteenth year of Her Majesty's reign, iniiiulcd" An Act convey in (/ (o the Citij ; of the (Corporation to produce tlie necessary plans, they proceeded to advertise for and receive Tenders for the construction of the Works, in accordance with spe- citications unattached to any particular plan, and adapted subse- quently to the cx[>iration of the time in which the Owners of the property were permitted to decide. Tliat several Tenders for the performance of the work were re- ceived from responsible persons. That the Tenders so received,, however, were all rejected, and a Committee of the Common Council determined to accept a subse- quent offer from Messrs. Czowski & (Jo., to build the Esplanade for £150,000 Currency, being in excess of proposals made by parties equally competent. That the proprietors of Water Lots, considering that their interests had been sacrificed, and that an expenditure was about to be in- curred, for which they would be liable out of proportion to the be- nefits they would receive, in order to secure that which, if beneficial at all, would be common to the whole City, remonstrated with the (.'ity Council, and refused to assent to the Contract being given out at so liigh a Hate, unless they first obtained some pledge against an excessive charge being levied on the property. That the Committee of the Common Council, to whom was in- trusted tlic conqilciion of the agreement with ^Messrs. Czowski& Co., thereupon invited the proprietors of the Water Lots to an interviev,', when the Committee pledged the Corporation to the proprietors, that the charge for earth-filling on their property should not exceed one shilling and threepence currency per cubic yard, for the quantity actually required on their respective Lots, and that no ni'tre than a fair proportion of tin; cost nf the crib-work in front, in accordance with the frontoge of the several Lots, should be charged to each proprietor. That, on receiving the above pledge, the Owners and Lessees o^ Water Lots held a ineeting on the 17th day of October, 185,'], and then passed the following Resoluticn : '•■ That the Owners of Water Lots will concur in the recommenda- tions of the Committee on Wharves and Harbours, to contract with Messrs. Gzowski k Co., for tlie construction of the Esplanade filling, &c., provided that switches be constructed for the use of each Water ri 42 k 1 t ■ I liOt, and th;it the owners of AVator Lots arc not comnnittoil to a chartio <»(' above one shillinpj and threepence currency per cubic yard of solid fiHinn;, and the .sbarc of breast-work estiniated at so much per foot frontat^e, iu proportion to the share of the whole frontage, as stated by the Committee on Wharves aud Harbours." That the above llesohition was read in open Council by the City (Jlerk, whereupon the most prominent member of the Committee on Wliarves and Harbours, declared that the Water Lot Owners would not be required to pay more than one shilling and three pence cur- rency per cubic yard. That the majority of the Council were obviously opposed to ratify- ing the Contract with Messrs. (izowski & Co., and were only induced to do so by the representation of the C^ommittee, that unless the Contract was given as they recommended, the C«rand Trunk Kailway Company would undoubtedly be induced to locate the lload to tiie northward of the City, which, they declared would be ruinous to its future prosperity. That your petitioners have now learned, with alarm, that, by the \Vi\\ which the Corporation has had introduced into your Honorable House, to give the Corporation authority to carry out their contract with Messrs. (Izowski & Co., they have asked for power to t; x youi Petitioners without any such limit as that stipulated for, and that the Bill, instead of embodying such amen Iments to the old Act as should meet the necessity and justice of the ease, iu reference to all parties, is, in many respects, defective, and unjust to your Petition- ers ; that it, for example, contains no reference to the fact that the new plan, for which Legislative sanction is required, takes from each of your Petitioners 1G6 feet in breadth of their land, instead of 100 feet, which only the former Act provided for, and which alone is the extent required by such of the instruments under which your Peti- tioners arc interested in the property as bind any of your Petitioners to build, or pay for the building of the Esplanade across their Lots. That some of your Petitioners are under no obligation, by the in- t^truments whereby they hold their lands, to build or pay for the ]']s- planade. That obligation is one imposed on them, not by any consent on their parts, nor by any coiuiition in their tenures, but solely ]jy legislative (uithority, expressed in the form of an ex post facfo law, passed without the knowledge or concurrence of those affected by it. » , ^ 43 » ^ Your Petitioners mal^c no objection, however, to llie building o the Esplanade, on eciuitnble terms, according to any phm which will be.t subserve the public interests, whether, so far as it may be con- structed over their premises, it shall accord with any provisions in relation thereto in the Patents and Leases or m.t. J5ut tlu^y submit that it will be most unjust, at once to deprive them nt their land, and force them tu pay besides a large expenditure upon it lor the ..eneral benefit, without distinctly securing to them ade0 foot from its nortli-wost imglo, the lengtli of this lino will bo 2,-VI'l foot, more or lo.-^.s, by an average of [)H() feet. 2n(l. — From the la.^t point, a straight line to the angle pla!iade, for the use of the Grand Trunk Railway Company. The price to be one hundred and lil'ty-thoa-and pounds, (.•urreiicy, iVu" the entire work, as shown on the plan, iu'.'luding live IJridges at Streets to be named by parties of the secoiui part ; :ind in case tlic reduced plan is adoptcul, then tlie amount to bo p:iid to tlie parties of the first [i;irt to be in proportion, and as provided for in the following ( lause : ruicK roil t;ik i;.\ti;?h ksplanahk. As per i)lan to be £140,000 And for the live Hridu-e-! 10,000 Total £150,000 Distributed as follows : Earth-iiUing, Is. ;>d. per cubic yard. Cribbing and fitting, planking, gravelling the Carriiige-way, draining the surfjicc engineering and superintendence, at the rate of £7 Os. 8d. ; and one-twentieth of a penny per running foot of the Esplanade. I'or the five Iron Bridges completed, ten thousand pounds, all to be paid in Bonds of the City of Toronto at par, as provided by the Act passed for that special purpose, payable in liondon, ;aid bearing six per cent, interest.