BOARD OF RAPID TRANSIT RAILROAD COMMIS-
SIONERS, CITY OF NEW YORK.
CONTRACT
FOR
CONSTRUCTION AND OPERATION
OF
RAPID TRANSIT RAILROAD
(MANHATTAN AND THE BRONX.)
WITH
SUPPLEMENTAL AGREEMENTS
TO
NOVEMBER 24*11, 1903
Contract Dated, February mst, igoo
BOARD OF RAPID TRANSIT RAILROAD COMMIS-
SIONERS, CITY OF NEW YORK.
CONTRACT
FOR
CONSTRUCTION AND OPERATION
OF
RAPID TRANSIT RAILROAD
Approved as to form this nth day of
October,
JOHN WHALEN
Corporation Counsel
of the City of New York.
2
H(jrCCttlCnt t made this 2ist day of February, 1900,
between THE CITY OF NEW YORK, hereinafter called the
City, acting by THE BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS FOR THE CITY OF NEW YORK, hereinafter
called the Board, party of the first part, and JOHN B.
MCDONALD, of the City of New York, hereinafter called
the Contractor, party of the second part.
WHEREAS, the Board, in behalf of the City, by due ad-
vertisement pursuant to law, of a notice for proposals,
which is substantially in the form hereto annexed, and
entitled Invitation to Contractors has invited Con-
tractors to submit to the Board proposals for making this
contract; and
WHEREAS, the Contractor has thereupon duly submit-
ted to the Board a proposal in the form hereto annexed
and entitled Contractor's Proposal
1RO W, tbCtCfOrC, in consideration of the said In-
vitation to Contractors and the said Contractor's Proposal
and of the mutual stipulations and covenants hereinafter
contained, and under the authority of chapter 4 of the
laws of 1891, entitled, "An Act to provide for Rapid
Chapter I. General. t 3
"Transit Railroads in Cities of over one million Inhab-
itants," and of the various acts amending the same, the
parties hereby do, the City for itself and its successors
and the Contractor for* himself, his heirs, executors and
administrators, H0TCC each with the other as follows:
CHAPTER L GENERAL.
The Contractor agrees with the City to fully construct Outline of
Contract.
and equip the Rapid Transit Railroad upon the Routes
and General Plan hereinafter mentioned, and to put the
same in operation and thereafter to use, maintain and
operate the same under a lease thereof from the City for
the term of fifty years.
The said railroad is for the purposes of this contract
divided into four sections, as follows :
Construction
to be by
Section I. shall include all of the railroad from the Sections,
southern terminus thereof at the City Hall to and includ-
ing a station at 59th street.
Section II. shall include: (a) All of the railroad on
the west side north of such station at 59th street, to and
including a station at the intersection of I37th street and
Boulevard; and (&) All of the railroad on the east side
from I03rd street and Boulevard to and including a sta-
tion at the intersection of 13 5th street and Lenox avenue.
*Here insert, if a corporation, itself and its successors; if a
single individual, himself, his heirs, executors and administra-
tors; if several individuals, themselves, their heirs, executors
and administrators, jointly and severally.
^259801
4 Chapter I. General.
9
Section III. shall include: (a) All of the railroad on
the west side north of such station at I37th street to and
including a station at Fort George; and (b) All of the
railroad on the east side from the said station at 13 5th
street to and including a station at Melrose avenue.
Section IV. shall include: (a) All the railroad on the
west side north of such station at Fort George; and (b}
All of the said Railroad on the east side north of such
station at Melrose avenue.
The City expects that the Railroad will be so con-
structed, used, maintained and operated by the Contractor
along all the routes and according to the entire General
Plan. But the City desires to restrict its entire pecuniary
liability for rapid transit at any one time within limits
which it deems to be consistent with its other obligations
and interests. The Railroad is, therefore, to be constructed
and equipped in sections. The Contractor shall begin
with Section I. If and when thereafter the City shall so
elect the Contractor shall construct Section II. If and
when thereafter the City shall so elect the Contractor shall
construct Section III. If and when thereafter the City
shall, so elect the Contractor shall construct Section IV.
Such elections by the City shall be respectively made
within and not after the periods hereinafter prescribed.
Chapter I. General. 5
The City shall pay to the Contractor for Construc-
tion of the Railroad as follows: If it shall consist only
of Section I then the sum of Fifteen million dollars
($15,000,000) ; if it shall consist of only Sections I and
II, then the sum of Twenty-six million dollars
($26,000,000) ; if it shall consist of only Sections I, II
and III, then the sum of Thirty-two million dollars
($32,000,000) ; and if it shall include all four sec-
tions, then the sum of Thirty-five million dollars
($35,000,000) ; and, in addition to the foregoing, the sum
of One million dollars ($1,000,000) for terminals; and,
further, in addition to the foregoing, a sum for real estate
as follows : If the Railroad shall consist only of Section
I, the sum of One hundred and seventy thousand dollars
($170,000) ; if only of Sections I and II, the sum of Three
hundred and seventy thousand dollars ($370,000) ; if only
of Sections I, II and III, the sum of Four hundred and
sixty thousand dollars ($460,000) ; and, if the Railroad
include all four sections, then the sum of Five hundred
thousand dollars ($500,000), Provided, however, that all
such payments shall be subject to modification as herein-
after provided.
In no event does the City assume, nor shall it be deemed
to assume, any liability of any character for or by reason
of Sections II, III or IV, or either of them, except upon
its successive elections to construct the same as herein-
after expressly provided.
Rental under
Lease.
Divisions and
Construction of
the Contract.
Definitions of
words :
6 Chapter I. General.
The Contractor shall pay to the City as annual rental
under such lease, the sums to be fixed and ascertained in
the manner stated in Chapter III. hereof.
This contract, besides this present Chapter I., General,
includes hereinafter the following divisions : Chapter
II. Agreement for Construction; and Chapter III.
Agreement for Operation the Lease.
The three chapters and all the provisions of this con-
tract are and shall be construed as a single instrument.
But, if, between the provisions of the Agreement for Con-
struction and the provisions of the Lease, there shall be
any inconsistency, the provisions of the Lease shall con-
trol.
The Contractor shall so construct and equip the Rail-
road as to fully and strictly meet all the requirements and
exigencies of the operation thereof as provided in the
Lease. The respective obligations of the City and the
Contractor in or relating to the use or operation of the
Railroad, or as lessor or lessee shall be ascertained solely
from this Chapter I., General (including the Copy of the
Routes and Geenral Plan, but none other of the papers
appended to this Contract), and Chapter III., the Lease.
The following words and expressions used in this con-
tract shall, except where by the context it is clear that
Chapter I. General. 7
another meaning is intended, be construed as follows :
(i.) The word "City" to mean the City of New York, " Clt y-"
and any other corporation or division of government to
which the ownership, rights, powers and privileges of
the City of New York or the Mayor, Aldermen and Com-
monalty of the City of New York, under the Rapid Tran-
sit Act, shall hereafter come, belong or appertain.
(2.) The word "Board" to mean the Board of Rapid "Board."
Transit Railroad Commissioners for the City of New
York, and any other board, body, official or officials, to
which or to whom the powers now belonging to the said
Board shall, by virtue of any act or acts hereafter pass
or be held to appertain.
(3.) The word "Contractor" to mean the party of the "Contractor."
second part to this contract, and* his executors, admin-
istrators and assigns, and any and every person or cor-
poration who or which shall at any time be liable in the
place or for the party of the second part to perform an-, r
*Here insert, as the case may be, either its successors or his
executors, administrators and assigns, or their executors, ad-
ministrators and assigns.
"Comptroller.
"Engineer."
"Railroad."
8 Chapter I. General.
obligations under this contract assumed by the said party
of the second part. For convenience the Contractor is
hereinafter spoken of as if the Contractor were a corpora-
tion. The word "it" shall include "him," "her" ami
"them," and the word "its" shall include "his," "her" and
"their."
(4.) The word "Comptroller" to mean the Comptroller
of the City of New York, and the officer or board to whom
or to which his powers now existing under the Rapid
Transit Statute shall come to appertain.
(5.) The word "Engineer" to mean the present Chiuf
Engineer of the Board and any successor or successors
duly appointed or any deputy or substitute for him who
shall be appointed by the Board or by its authority.
(6.) The word "Railroad" to mean the section or sec-
tions which the Contractor shall be bound to build, with
all stations and real estate belonging to and used in con-
junction therewith, and all appurtenances thereto and all
other property to be used thereon or in conjunction there-
with, and which under this contract are to be constructed
or provided by the Contractor and by the Contractor to
Chapter I. General. 9
be maintained and operated, but excepting, however, the
Equipment.
(7.) The words "Rapid Transit Statute" to mean cfiap- "Rapid Transit
Statute."
ter 4 of the laws of 1891 as amended by chapters 102 and
556 of the laws of 1892, chapters 528 and 752 of the laws
of 1894, chapter 519 of the laws of 1895, and chapter 729
of the laws of 1896.
(8.) The word "Equipment" to mean all equipment "Equipment."
used or intended for use on the Railroad, including all
motors, cars, whether used for passengers, freight, ex-
press or any other purpose, and all other rolling stock, all
boilers, engines, wires, ways, conduits, mechanisms, ma-
chinery, power houses, all real estate upon which any such
power houses shall stand or which shall be necessary for
the generation or transmission of motive power, and all
tools, implements and devices of every nature whatsoever
used for such generation or transmission of motive power,
and also all apparatus and devices for lighting, signalling
and ventilation, whether such equipment be situate on or
near or separate from the railway, provided that the same
be used or intended for use in connection therewith or for
any of its purposes, and including all such equipment in
10
Chapter I. General.
"Agreement for
Construction."
"Lease."
"Rental."
"Construction.
existence at any time during or at the end of the term of
the Lease. Provided, however, that no real estate or
rights therein or thereon paid for by the City or acquired
for terminals, roadbed, stations or otherwise for construc-
tion of the Railroad shall be included in Equipment.
(9.) The words "Agreement for Construction" to mean
the provisions of Chapter II. of this contract as explained
or modified by the provisions of this chapter.
(10.) The word "Lease" to mean the provisions of
Chapter III. of this contract as modified or explained by
the provisions of this chapter.
(n.) The words "New York" to mean the City of
New York according to its boundaries at the date of this
contract.
(12.) The word "Rental" to mean all the payments to
be made by the Contractor to the City as provided in the
Lease, whether being the equivalent of interest or other-
wise.
(13.) The word "Construction" to mean all the work
of constructing the Railroad, including the doing of work,
the providing of materials, the complete furnishing of the
equipment of the Railroad, the restoration and reconstruc-
tion of street surfaces, sewers and other sub-surface struc-
tures, and all other work or materials to be done or fur-
nished of every nature whatsoever under the Agreement
for Construction.
Chapter I. General. u
(14.) The word "Operation" to mean operating and "Operation."
maintaining the Railroad according to the provisions of
the Lease.
(15.) The words "daily newspaper" to mean any paper "Daily
newspaper."
regularly published in the City of New York on every
day or every day except Sundays and holidays.
(16.) The word "notice" to mean a written notice. "Notice."
Every such notice to be served upon the Contractor, or
upon any surety if not delivered personally, shall either
be delivered at such office in the City of New York as
shall have been designated by the Contractor or surety,
or shall be mailed by deposit in the general postoffice in
the City of New York, postage prepaid, addressed to the
office so designated, or to such office as the Contractor
shall designate by written notice delivered to the Board,
or if no such office shall have been designated, or if such
designation shall have for any reason become inoperative,
then addressed to the person or corporation intended at
the City of New York. Such delivery or mailing shall
be equivalent to direct personal notice.
The contract is made pursuant to the Rapid Transit Statutes incor-
porated herein.
Statute which is to be deemed a part hereof as if it were
incorporated in every chapter hereof.
Security by
Contractor.
Deposit of
$1,000,000.
12 Chapter I. General.
Simultaneously with the execution of this contract the
Contractor shall give security for the performance of i:s
obligations both under the Agreement for Construction
and under the Lease as follows :
I. For Construction:
A. By depositing with the Comptroller the sum of
One million dollars ($1,000,000) in cash.
The City shall collect all interest, dividends or other
income on the cash or securities so held or deposited.
The said deposit whether in cash or securities, in the
form and as the same shall at any time be., shall be se-
curity for the faithful performance by the Contractor of
all the covenants, conditions and requirements specified
and provided for in the Agreement for Construction. In
case of any default on the part of the Contractor in such
performance, and in the further case that the City shall
for or by reason of such failure, whether by reason of
employment of another contractor or contractors or other-
wise, incur or become liable for expense through such de-
fault as in the Agreement for Construction provided, then
the Comptroller shall forthwith pay and apply to the
use of the city from such deposit of $1,000,000, or
Chapter I. General. 13
from the portion of the deposit remaining at the time, the
amount of such expense.
The Comptroller may, in order to make such payment
and application to the use of the City, sell at public auc-
tion in the City of New York any of the securities which
may then constitute part of such deposit upon notice to be
published in four (4) daily newspapers, the first publica-
tion to be as much as ten (10) days before the sale and
such publication to be made three (3) times within such
ten days. The Comptroller shall, from the proceeds of
any such sale, deduct all expenses thereof and of such ad-
vertisement, and shall pay and apply to the use of the City
so much of the residue as may be necessary for the pur--
pose aforesaid. And the Contractor within ten ( 10) days
after notice from the Board so to do shall thereupon by
further deposit of money or securities of the character
aforesaid approved by the Board restore the said deposit
with the Comptroller to the full amount and value of One
million dollars ($1,000,000). In addition to, or in lieu
of, the sale above provided for, the Board may, in the
name of and in behalf of the City bring any appropriate
suit or proceeding in any proper Court to enforce the lien
and claim of the City in and upon the sai4 deposit
whether such deposit be in money or securities.
14 Chapter I. General.
If at any time when the Contractor shall otherwise be
entitled to a return of the said deposit, as hereinafter pro-
vided, there shall be pending any claim for damages or
loss caused to others by the negligence, fault or default
of the Contractor, for which it shall be claimed that the
City shall be liable, then and in that case the said deposit,
or such part thereof as the Board shall fix, shall, upon
the requirements of the Board, be reserved by the Comp-
troller for a reasonable time as security to the City against
such claims. And the amount of any such damages or
costs paid by the City to others or for which the City
shall be liable to others, shall be deducted from the said
deposit before the same shall be returned to the Con-
tractor as hereinafter provided.
When the Contractor shall have fully completed the
Construction and Equipment of the Railroad according co
the terms of this contract, and the operation of the same
shall have begun pursuant to this contract, the Board
shall so certify, and upon such certificate, the Comptroller
shall pay and deliver to the Contractor the said deposit,
or so much thereof as shall not have been reserved or
used or applied for any of the purposes above mentioned
and the Contractor shall also then be entitled to be cred-
Chapter I. General. 15
ited upon the Rental with a sum which shall be equal, .is
the case may be, either to the interest on the said deposit
(if made in cash) from the time of such deposit at the
rate of interest provided for in the bonds which shall
have been issued and sold by the City to provide for the
construction of the Railroad, or to the interest, dividends
or other income which the City shall have received from
the said securities. If, however, any of the cash so de-
posited shall have been used or applied for any of the
purposes above mentioned, then the Contractor shall not
be entitled to credit for interest on the amount of cash
so applied from the time of such application.
B. By filing with the Comptroller a bond executed by
the Contractor and by two or more sureties to be cor-
porations or persons approved by the Board in the sum
of Five million dollars ($5,000,000), the said bond to be
substantially in the form hereto annexed and entitled
Bond for Construction and Equipment. Every
surety upon such bond shall be bound for at least Five
hundred thousand dollars ($500,000) of the penalty and
justify in double the amount for which such surety shall
be bound.
16 Chapter I. General.
Bond. II. For Rental and also for Construction: By filing
with the Comptroller, a bond executed by the Contractor
and by sureties approved by the Board, in the sum cf
One million dollars ($1,000,000), the said bond to be
substantially in the form hereto annexed and entitled
Continuing Bond.
In case any of the sureties upon either the Bond fo*
Construction and Equipment or the Continuing Bond shall
become insolvent or unable in the opinion of the Board
promptly to pay the amount of such bond to the extent
of which such surety might be liable, then the Contractor
within thirty days after notice by the Board to the Con-
tractor shall, by supplemental bond or otherwise, substi-
tute another and sufficient surety to be approved by the
Board in place of the surety so insolvent or unable. If
the Contractor shall fail, within such thirty days or such
further time as the Board may grant, to so substitute an-
other and sufficient surety, then the Contractor shall, for
all the purposes of this contract, be deemed to be in de-
fault in the performance of its obligations hereunder, and
the Board may terminate the contract or may bring anv
proper suit or proceeding against the Contractor or the
sureties, or either of them, or may require to be deducted
Chapter I. General. 17
from any moneys then in or thereafter coming into the
hands of the City and due to the Contractor the amount
for which the surety insolvent or unable as aforesaid shall
have justified on said bond; and the moneys so deducted
shall be held by the Comptroller as collateral security for
the performance of the conditions of the said bond.
The City shall also have a first lien upon the Equip- City's Lien on
Equipment.
ment as further security for the faithful performance by
the Contractor of the covenants, conditions and agree-
ments of this contract on its part to be fulfilled and per-
formed. Such lien shall arise immediately upon the ac-
quisition by the Contractor of any part of the Equipment
for use on or in connection with the Railroad or any part
of it, or intended for such use, whether or not such equip-
ment be set up or delivered upon or at the railway. The
Board may from time to time, by concurrent vote of six
(6) members thereof, relieve from such lien any of the
property to which the same may attach upon the pro-
vision of additional property equivalent in value and in the
convenience and certainty with which the lien thereon is
enforceable to the property which it is proposed to release,
and upon such terms as to the Board, by such concurrent
vote, shall seem just.
i8 Chapter I. General.
Remedies. i n case o f default by the Contractor the City shall have
the following remedies :
On Contractor's I. In case the Contractor shall fail to complete the
default m Con-
struction or
Equipment, Construction or Equipment of the Railroad, or shall at
City may
complete in
behalf of Con- any time fail to proceed with such Construction or Equip-
tractor and hold
Contractor
''able; ment with reasonable diligence, or so that it shall not be
reasonably probable that the same will be completed and
equipped within the period herein prescribed therefor,
then and in any such case the Board upon a notice to the
Contractor of not less than ten days may
(/) By resolution declare the Contractor to be in de-
fault; and the City by the Board in addition to every,
cr in substitution for any other, remedy which it may
have by law or hereunder, may forthwith, so far as the
City may now have or may hereafter secure statutory
powei , procure by contract or otherwise, the completion of
such Construction and Equipment ; and the City may to
the extent of the cost of such completion of the Con-
struction and Equipment and interest thereon withhold
arid apply thereon any moneys otherwise due or to become
due by the City to the Contractor, and the Contractor shall
Chapter I. General. 19
be liable to the City and shall forthwith pay to the City
the excess, if any, of the cost to the City of the completion
of such Construction and Equipment over the amount
payable to the Contractor therefor under the terms of this
contract. And such completion by the City shall not re-
lease or discharge the Contractor from liability for Rental,
or any other liability hereunder. Or
(2} By resolution declare this contract at an end ex- or make new
Contract.
cept as to the liability of the Contractor hereinafter in this
paragraph provided, and may make a new contract for
Construction and Equipment, upon advertisement of a
new invitation to contractors, upon such terms as the
Board may deem proper; the same to provide among
other things that the new contractor shall allow for so
much of Construction and Equipment as has been already
completed, such reasonable amount as the Board may
deem proper; and in such case the Contractor shall pay
the City all damage which the City shall sustain by reason
of such failure, including the excess, if any, of the amount
which the City shall pay the new contractor over the
2O Chapter I. General.
amount it would have had to pay the Contractor, party
hereto, for the same work or materials, and without de-
duction therefrom because of any increase of rental which
the City may secure from the new contractor. Or
or proceed upon /~\ The City may proceed as to the Board shall seem
Bond of Constn.
proper upon the Bond for Construction and Equipment.
On default in II. In case of default of the Contractor in paying the
payment of rent
hererader, Rental herein provided or in case of the failure or neglect
of the Contractor faithfully to observe, keep or fulfill any
of the conditions, obligations and requirements of this
contract, the City, by the Board, may :
City may ( r ) After notice to the Contractor of at least ten days,
take possession,
take possession of the Railroad and Equipment, and, as
the agent of the Contractor, either
and, as agent (a) Maintain and operate the Railroad and use thereon
of the Contractor,
roadf C the Equipment (without commencing any proceeding for
the enforcement of its lien thereon) for the full unex-
pired term of the Lease or such shorter period as the
Board may determine ; or
Chapter I. General. 21
(6) Enter into a contract with some other person, firm or make a
sub-contract ;
or corporation for the maintenance and operation of the
Railroad and use of the equipment, retaining out of the
proceeds of such operation after the payment of the nec-
essary expenses of operation, maintenance and use, the
said annual rental and paying over the balance, if such
there be, to the Contractor; and if the proceeds of the
Operation of the Railroad after the payment of the neces-
sary expenses of operation and maintenance, including the
keeping in repair of the rolling stock and rest of the
Equipment, shall in any year be less than the annual
rental, then and in every such case, the Contractor and
its bondsmen on the Continuing Bond shall be and con-
tinue jointly and severally liable to the City for the
amount of such deficiency until the end of the full term
for which the Lease was originally made. Or
(2) The City may upon reasonable notice to the Con- or may terminate
contract ;
tractor, and after reasonable notice to the Contractor to
make good the default, terminate this contract; and in
such case the Contractor shall be liable to the City for
all damage by reason of such default. Or
22 Chapter I. General.
or may sue or (3) The City may by the Board or otherwise, bring
enforce Lien on
Equipment ;
such suit or proceeding as it may deem proper, to enforce
its lien upon the Equipment or for any other purpose.
Or
or use Remedies (4) The Citv may avail itself of any or all of the
of Landlord;
remedies hereinbefore provided, which are not inconsist-
ent with one another or of any other remedy provided by
law in the case of landlord and tenant.
Enforcement of In case the City shall become entitled to enforce its lien
hen on Equipment:
against the Equipment, then, at the time of beginning any
suit or proceeding for the enforcement of such lien,
whether by foreclosure or otherwise, or at any time there-
after, the City shall be entitled forthwith to enter into and
take summary and complete possession of the Equipment,
or any part thereof, it being the express intention of the
Contract that upon any default by the Contractor in Con-
struction, Equipment or Operation the City shall have the
right forthwith to operate the Railroad so far as is then
practicable (if at all), and to that end to have complete
and immediate possession of all Equipment and of ail
other things necessary or convenient, or which may there-
after be necessary or convenient, for the operation of the
Chapter I. General. 23
Railroad, which shall belong to the City or upon which
the City shall have a lien as aforesaid.
III. If the Contractor shall fail to construct or operate
the Railroad according to the terms hereof and shall,
after due notice of its default, omit for more than a rea-
sonable time to comply with the provisions hereof, the
Board (i) may by notice to the Contractor forfeit and Board may for-
feit Contract
and sue ;
vacate all the rights of the Contractor under this contract
and may bring in the name and behalf of the City an
action or actions to declare and establish such forfeiture
and vacation and for damages or otherwise as may be
necessary for the sufficient and just protection of the rights
of the City; or (2) may, upon such terms as to the Board
seem just and with such person or corporation as to the
Board may seem proper, make another operating contract
and lease of the Railroad for the residue of the term of the
Contractor in default, including in such contract and
lease, a provision as to a transfer or lease to the new
contractor of the lien and any other interest of the City
2 4 Chapter I. General.
and bring Suit. on and in the Equipment, and may bring action in the
name and on behalf of the City to recover from the Con-
tractor the amounts which by this Contract the Contractor
agrees to pay the City for Rental or otherwise due from
the Contractor, less the amount which shall have been re-
ceived under and by virtue of such new contract and for
all other damages which may have been sustained by the
City by reason of such default without allowance to the
Contractor for any advantage to the City by increase of
Rental.
City's Assurances The City hereby stipulates and covenants to and with
to Contractor
of Right to Con-
struct and the Contractor that the City will secure and assure to the
Operate.
Contractor so long as the Contractor shall perform the
stipulations of this contract, the right to construct and to
operate the Railroad as prescribed in this contract free of
all right, claim or other interference whether by injunc-
tion, suit for damages or otherwise on the part of any
abutting owner or other person ; but the Contractor shall
enforce its rights against the City under this provision
solely by claim for money, and shall have no right to set
up any failure or default on the part of the City to per-
Chapter I. General. 25
form or satisfy this stipulation or covenant in defense, or
by way of exculpation or any excuse whatsoever (other-
wise than as a claim or counter-claim for money) of the
Contractor for any default or failure of any character
whatsoever on its part, except that nothing herein con-
tained shall be construed to require the Contractor to do
any act in violation of a valid injunction issued by a Court
of competent jurisdiction forbidding such act.
The routes and general plan for the Railroad adopted Q? uteS i a pj d
incorporated in
by the Board by its resolution of izj-th January and 4th this Contract.
February, 1897, and heretofore approved by the author-
ities of the City and by the Appellate Division of the
Supreme Court shall be deemed to be incorporated into
this contract as a partial description of the Railroad ard
Equipment. For convenience a copy thereof is hereto
appended, entitled Copy of the Routes and General
Plan.
The railway and its equipment as contemplated by the Beauty of
material as well
contract constitute a great public work. All parts of th<- a cienc y-
structure where exposed to public sight shall, therefore,
be designed, constructed and maintained with a view to
the beauty of their appearance, as well as to their effi-
ciency.
Contractor to
afford Facilities
to Board.
Changes in the
Contract.
26 Chapter I. General.
If under any provision of this Contract the Board or
the City shall be entitled by reason of any failure of the
Contractor to do or have done any work upon or in rela-
tion to the Railroad or Equipment, then the Contractor
shall afford to the Board or the City all facilities for doing
' such work, and the representatives of the Board or the
City shall be at liberty at any time for such purpose to
enter upon any part of the premises.
No correction or change in this contract shall be madt
except by written instrument duly authorized by the
Board, and consented to by the Contractor and its sureties
upon Ihe bonds given hereunder and then in force.
No claim shall be made by the Contractor against any
Members of
Board not liable.
member of the Board personally by reason of this con-
tract or of any of its articles or provisions.
The Contractor shall be exempt from taxation under the
- a \ vs of the State of New York in respect to its interest
in the Railroad under the contract and in respect to the
rolling stock and all other Equipment of the Railroad in
the manner and to the extent provided in the Rapid Tran-
sit Statute.
Contractor not
taxable on
ment.
Chapter I. General. 27
This contract shall not be assigned without the written Contract when
assignable.
consent of the Board concurred in by all the members
thereof.
In case the Board shall cease to exist the legislature Provision m
case Board
cease,
may provide what public officer or officers of the City of
New York shall exercise the powers and duties of the
Board under and by virtue of this contract ; and in default
of such provision, such powers and duties shall be deemed
to be vested in the mayor of the City. In case any officer
or officers other than the Board shall hereafter have the
powers of the Board or any of them, then the provisions
of this contract shall be applicable to such officer or offi-
cers to the extent to which the powers of the Board shall
appertain to such officer or officers, and any official act or
determination of such officer or officers or of this Board
*
shall be sufficient hereunder, anything herein to the con-
trary notwithstanding, if the same be done or had by law-
ful vote or resolution or in such manner as the legislature
may from time to time prescribe.
If any member of the Board or any member of the City Officials not
to be interested.
municipal assembly of the City of New York or any head
of a department, chief of bureau, deputy thereof or clerk
28 Chapter I. General.
therein, or any officer of any grade or description of the
City, or any person in the employ of the Board is directly,
indirectly, actually or contingently interested with the
Contractor, and to its knowledge, in any profit or advan-
tage hereunder, or in any supplies or work for or under
this contract or^for or under any portion of this work,
then the Board may, by notice to the Contractor, vacate
and terminate the contract. And in such case the Con-
tractor shall be entitled to recover for work which shall
then have been done no more than the amount payable
hereunder at the time according to the terms of this con-
tract, or than the fair and reasonable value thereof.
Labor Law to be The provisions of the Labor Law, chap. 415 of the laws
observed
of 1897 and the laws amendatory thereof are, so far as
applicable, made part of this contract. If the provisions
of Section 13 of the said act are not complied with by the
Contractor, the contract shall be void. All worked,
dressed and carved stone, excepting paving blocks o:
crushed stone, authorized or required by or under this con-
tract, shall be so worked, dressed or carved within the
boundaries of this State as required by Section 14 of the
said law. Section 3 of the said law as now amended is
Chapter I. General. 29
hereby made part of this contract. No laborer, workman
or mechanic in the employ of the Contractor or of any
subcontractor or any person doing or contracting to do
the whole or a part of the work contemplated by this con-
tract, shall be permitted or required to work more than
eight hours in any one calendar day except in cases of
extraordinary emergency caused by fire, flood or danger
to life or property. Each laborer, workman or mechanic
employed by such contractor, subcontractor or by such
other person on or upon such work or upon any material
to be used upon or in connection therewith shall receive
the wages provided for in the said section of the said act
and the same shall not be less than the prevailing rate for
a day's work in the same trade or occupation in the lo-
cality where such work on, by or in connection with which
such labor is performed in its final or completed form is to
be situated, erected or used. This contract shall be void
and of no effect unless the person or corporation making
or performing the same shall comply with the provisions
of the said Section 3.
All necessary
legal provisions
deemed inserted
herein.
Marginal
notes, etc.
30 Chapter I. General.
It is the understanding of the parties to this agreement
that each and every provision of law required to be in-
serted in this agreement is inserted herein. Furthermore
it is hereby stipulated that every such provision is to be
deemed to be inserted herein ; and if, through mistake or
otherwise, any such provision is not inserted in correct
form, then the contract shall forthwith, upon the applica-
tion of either party, be amended by such insertion so as t3
strictly comply with the law, and without prejudice to the
rights of either party hereunder.
Titles, headings and marginal notes are herein printed,
merely for convenience and shall not be deemed to be anv
part of this contract for any purpose whatever.
CHAPTER IL AGREEMENT FOR CONSTRUC-
TION.
The Contractor will at his own cost and expense, and W f k to
done.
in strict conformity with the specifications hereinafter
contained and called the Specifications, and also in
strict conformity with all the provisions of this contract,
whether included in the specifications or not, furnish al!
the materials and labor necessary and proper for the pur-
pose, and, in a good, substantial and workmanlike man-
ner, construct the Railroad, including therein the stations,
side-tracks, switches, cross-overs, terminal yards and ail
other appurtenances complete and ready for Operation,
and including also all necessary construction of sewers
along or off the route of the Railroad, all necessary read-
justment of the mains, pipes, tubes, conduits, subways or
other sub-surface structures, the support and care, includ-
ing underpinning wherever necessary, of all buildings of
whatsoever nature, monuments, elevated and surface rail-
ways affected by or interfered with during the construc-
tion of the Railroad and the reconstruction of street pave-
32 Chapter II. Agreement for Construction.
ments and surfaces, and do all the work and supply all
the materials necessary to construct and equip the Rail-
road in complete working order fully and finally ready for
actual operation in the carriage of passengers and other-
wise as hereinafter specified. Such construction of sew-
ers, readjustment of mains, pipes, tubes, conduits, sub-
ways or other sub-surface structures, and such support,
care and underpinning of buildings, monuments and rail-
ways are and are to be deemed to be essential parts of the
Construction of the Railroad.
The Contractor shall provide a complete Equipment of
the Railroad according to definition of Equipment afore-
said and according to the Specifications hereinafter con-
tained.
Construction by The Railroad shall, so far as concerns the rights ami
Sections.
obligations of the parties under this contract, be deemed
to include only Section I, unless and until the City shall
determine that the Railroad shall also include Section II.
After such election by the City the Railroad shall, so far
as concerns such rights and obligations be deemed to in-
clude only Sections I and II unless and until the City shall
determine that the Railroad shall also include Section III.
After such last mentioned election the Railroad shall, <n
far as concerns such rights and obligations, be deemed to
Chapter II. Agreement for Construction. 33
include only Sections I, II and III unless and until the
City shall determine that the Railroad shall also include
Section IV, whereupon the Railroad shall be deemed to
include all four sections. Every such determination by
the City shall be made by written notice by the Board to
the Contractor. Such notice shall be given with respect to
Section II on or before a date not later than one year after
the Contractor shall begin work upon Section I, and with
respect to Section III on or before a date not later than
two years after the Contractor shall begin work on Sec-
tion I, and with respect to Section IV. on or before a date
not later than three years after the Contractor shall begin
work on Section I, Provided, however, that such periods
shall be respectively extended by the time or times during
which by injunction or other legal obstruction the Board
shall be delayed in giving the notice.
The City shall pay, and the Contractor shall receive for Pri
the Construction of the Railroad sums of money as fol-
lows : If the Railroad shall consist only of Section I, then
the sum of Fifteen million Dollars ($15,000,000) ; or if
the Railroad shall consist only of Sections I and II, the
sum of Twenty-six million Dollars ($26,000,000) ; or if
34 Chapter II. Agreement for Construction.
the Railroad shall consist only of Sections I, II and III,
then the sum of Thirty-two million Dollars ($32,000,000) ;
or if the Railroad shall consist of 'Sections I, II, III and
IV, then the sum of Thirty-five million Dollars ($35,000,-
ooo) , Provided, however, that such payments shall be sub-
ject to modification and the conditions herein prescribed.
The City shall also pay and the Contractor shall also re-
ceive for the Construction of the Railroad the sum of One
Million Dollars ($1,000,000) for terminals, subject to
modification as herein provided. The City shall also pay
and the Contractor shall also receive for the construction
of the Railroad a sum of money for real estate as follows :
If the Railroad shall include only Section I, then the sum
of One hundred and seventy thousand Dollars ($170,000) ;
if the Railroad shall include only Sections I and II, then
the sum of Three hundred and seventy thousand Dollars
($370,000) ; if the Railroad shall include only Sections I,
II and III, then the sum of Four hundred and sixty thou-
sand Dollars ($460,000) ; if the Railroad shall include
Sections I, II, III and IV, then the sum of Five hundred
thousand Dollars ($500,000). The said sums so to be
paid do not include the cost of Equipment, but do include
Chapter II. Agreement for Construction. 35
a consideration satisfactory to the Contractor for its obli-
gation to provide the Equipment which, when provided,
shall be the property of the Contractor, subject to the first
lien of the City, as provided in Chapter I of this contract.
The Board shall have the right, during the progress of
Right of Board
the work, to amplify the plans, to add explanatory speci- to amplify Plans,
% to require extra
Work, &c.
fications and to furnish additional specifications and draw-
ings within the limits of the general purview of the work.
The Board shall also have the right for any section of the
Railroad to require additional work to be done or addi-
tional materials to be furnished, or both, within the gen-
eral purview of a rapid transit railroad as described in the
Copy of the Routes and General Plan hereto appended
or to require work or materials herein specified or pro-
vided for to be omitted. If such additional work or ma-
terials shall be required, then the reasonable value there-
of shall be additionally paid to the Contractor. If work
or materials herein specified or provided for shall be re-
quired to be omitted, then a reasonable deduction shall be
made in the manner hereinafter provided from the amount
36 Chapter II. Agreement for Construction.
to be paid to the Contractor for construction, Provided,
however, that the amount of work and materials called for
by this contract upon any Section shall not be diminished
without the consent of the Contractor so as substantially
to alter the general character or extent of the work as
proposed.
No acceptance N O acceptance of anv part of the work or materials in
to obviate the
Necessity for
sound Work, &c. construction or equipment shall relieve the Contractor of
his obligation to furnish sound material and perform
sound work.
Inspection. The Board contemplates, and the Contractor hereby ap-
proves, the most thorough and minute inspection by the
Board, its Engineer and their representatives and subor-
dinates, of all work and materials from the beginning of
the manufacture or preparation both of the Railroad and of
such materials to the final completion of its Equipment.
It is the intention of the -Board that its Engineer shall
draw the attention of the Contractor to all errors or vari-
ations from the requirements of this contract or other de-
fects in workmanship or materials. But it is expressly
agreed that no omission on the part of the Board or
its Engineer or any other subordinate of the Board to
Chapter II. Agreement for Construction. 37
point out such errors, variations or defects shall give the
Contractor any right or claim against the City or in any
way relieve the Contractor from its obligation to fully
construct and equip the Railroad according to the terms
of this contract.
The work is to be done and the materials are to be fur- Work subject to
Approval of
nished subject to the direction and approval of the En-
gineer. The Contractor shall promptly obey and follow
every direction within the general purview of the work
which shall be given by the Engineer, including any direc-
tion which he shall give by way of withdrawal, modifica-
tion or reversal of any previous direction given by him.
If any additional specification be prescribed or additional
drawing be required to be followed, or additional detail
required, or if any question shall arise as to the quality,
character or amount of materials or work, or as to the;
obligation of the Contractor to do any particular work
or furnish any particular -materials, or as to the value of
any additional work or materials required by the Board
or as to the deduction to be made from the contract price
for the construction by reason of any materials or work
directed by the Board to be omitted, or if any other dis-
pute, question or doubt as to what is the obligation of the
38 Chapter II. Agreement for Construction.
Contractor shall arise prior to the time of the complete
construction and equipment of the Railroad and the dec-
laration thereof by the Board, the determination of the
Engineer shall be binding upon the Contractor and the
City, so far as that the Contractor shall, as the case may
be, proceed or refrain from proceeding, and without any
delay obey the requirement of the Engineer.
Engineer's Deter- But a determination of the Engineer shall not be finally
mination, when
subject to
Review. conclusive upon either the Contractor or the City as to
the reasonable value of any work or materials additionally
required as aforesaid or omitted as aforesaid, or as to the
question whether the Contractor is entitled to additional
payment for anything additionally required by the En-
gineer, whether upon additional specifications or drawings
or in the way of additional details as aforesaid, or other- -
wise as herein provided, or as to the question whether the
City is entitled to a deduction from the amount payable to
the Contractor according to the terms hereof. In every
such case the Engineer shall make his determination in
writing and in duplicate, one duplicate to be filed with
the Board and the other duplicate to be delivered to the
Contractor. Such determination as to work done or mater-
Mode of
Review.
Arbitration.
Chapter II. Agreement for Construction. 39
ials supplied on or after the first day of the calendar month
next preceding the date of making such certificate, shall
if filed with the Board within five days after its said date,
be binding and conclusive upon the City unless the Board
shall appeal within ten (10) days after such determina-
tion is filed with it, and shall be binding upon the Con-
tractor unless the Contractor shall appeal within ten (10)
days after such delivery to him. The appeal shall be taken
by a written notice addressed, if the Board be the appel-
lant, to the Contractor, or, if the Contractor be the ap-
pellant, then to the secretary of the Board. The notice
of appeal shall state the determination appealed from, the
grounds of appeal, the precise award or redress desired,
and shall include the appointment of an arbitrator on the
part of the appellant, with a written undertaking on the
part of the arbitrator to act. Within ten (10) days after
the receipt of a notice of appeal the party receiving the
same shall name an arbitrator, and give written notice cf
such nomination to the party appealing, the notice to be
accompanied by a written acceptance by the arbitrator
of the appointment. If the party against whom the ap-
peal is taken shall not so nominate an arbitrator, who
shall so accept, then the arbitrator named by the party
4O Chapter II. Agreement for Construction.
appealing shall be the sole arbitrator. Either party may,
by a general notice to the other, appoint a standing arbi-
trator for such party. In case of such standing appoint-
ment such arbitrator shall be deemed to be appointed upon
each appeal, without specification of his appointment upon
the appeal. Any vacancy in the office of an arbitrator
shall be filled by the party which shall have appointed the
last incumbent thereof, within five (5) days after notice
of the vacancy during which five days the running of
other periods of time prescribed for or in course of the
arbitration shall be suspended. If not so filled, or if
notice of the appointment be not given within such five
days, the remaining arbitrator shall be the only arbitrator.
Within five (5) days after the appointment of its arbi-
trator by the party against whom the appeal is taken, or,
if there be a standing arbitrator for such party, then after
ten (10) days, but within fifteen (15) days after notice of
the appeal is given, the arbitrators, or if the party
against whom the appeal is taken shall be in default in ap-
pointing an arbitrator, then within five (5) days after
such default the arbitrator named by the party appealing,
shall proceed summarily, and upon two (2) days notice
to both parties, to hear such evidence or statements, oral
Chapter II. Agreement for Construction. 41
or written, as may be produced. Such hearing shall be
finished within five (5) days after such hearing shall be-
gin; and within three (3) days after finishing such hear-
ing, the determination of such arbitrators or arbitrator
shall be made. But if within such three days the arbi-
trators (in the case of two arbitrators) shall fail to agree
upon and make an award, then they shall forthwith so
certify to the Board and the Contractor, and the contro-
versy shall be deterniined by an umpire to be nominated
by the Executive Committee for the time being of the
Chamber of Commerce of the State of New York, or if
within three (3) days after being notified by either of the
parties hereto of such failure the said Committee shall not
make a nomination, then by an umpire to be named by the
Executive Committee for the time being of the Associa-
tion of the Bar of the City of New York. The umpire
shall hear the parties, their counsel, the statements of the
arbitrators and the statements and evidence received bv
them, or such of them and so much thereof as may ap-
pear or be submitted to the umpire upon two (2) days
notice to the parties. Such notice shall be given within
three (3) days after the nomination of the umpire. The
hearing by the umpire shall be concluded within three (3)
42 Chapter II. Agreement for Construction.
days. His award shall be made within three (3) days
after the hearing before him is concluded. Every deter-
mination by the umpire, arbitrator or arbitrators, shall be
in writing in duplicate, one to be delivered to the secretary
of the Board and the other to the Contractor. The Exec-
utive Committee of the said Chamber of Commerce and
the Executive Committee of the said Association of the
Bar may, upon the joint request of both parties, and from
time to time nominate a standing umpire, or a standing
board of three experts, to act as such umpire. Such
standing umpire or standing board of experts shall, upon
every arbitration where an umpire is required, be such
umpire, and a decision or determination by a majority of
such board of experts shall be the decision of such board.
The days for notices and other proceeding shall be ex-
clusive of Saturdays, Sundays and holidays. All fees and
expenses of arbitrators and umpires shall be borne and
paid equally by the City and the Contractor, by both of
whom every such arbitrator and umpire shall be deemed
to be employed. Every such arbitrator and umpire shall,
before proceeding to hear the testimony or to consider the
matter, be sworn as nearly as may be in the same manner
as referees in actions at law are required to be sworn.
Chapter II. Agreement for Construction. 43
The Contractor shall become entitled to additional pay- Vouchers for
extra Work.
ment for additional work or by reason of additional speci-
fications, drawings, details or other requirements only
upon the production of the certificate and determination
of the Engineer if unappealed from and certified by the
Board, or, if so appealed from, then only upon and ac-
cording to the final award of arbitrators, arbitrator or um-
pire as aforesaid certified by the Board, it being expressly
agreed that the City shall make no additional payment to
the Contractor except upon vouchers which include such
certificates and determination unappealed from, or if ap-
pealed from, then such final award and certificate of the
Board, as a condition precedent to payment and that no
payment shall be made in any such case inconsistently with
such final award.
Nor shall the City be entitled to claim any abatement When City
entitled to
. -,.... Abatement of
from the contract price by reason of diminution in the Price.
amount of work required, delay in completion or other-
wise except upon the certificate or determination of the
Engineer unappealed from by the Contractor as aforesaid,
or, if so appealed from, then upon the certificate and award
of the arbitrators, arbitrator or umpire as aforesaid.
44 Chapter II. Agreement for Construction.
Commencement The Contractor shall begin work upon the Railroad
and Comple-
tion of Work.
within thirty (30) days after the execution of this con-
tract. The entire Railroad shall be completely construct-
ed and equipped ready for immediate, full and continuous
operation as follows : If the Railroad shall consist only
of Section I, then within three (3) years from the date
of the delivery of this contract ; if the Railroad shall con-
sist of Sections I and II, then within two (2) years from
the date of notice of election by the City to construct Sec-
tion II, Provided, however, that the entire period allowed
for the construction of Sections I and II shall be as much
as three (3) years; if the Railroad shall consist of Sec-
tions I, II and III, then within two (2) years from the
date of notice of election by the City to construct Section
III, Provided, however, that the entire period allowed
for the construction of Sections I, II and III shall be as
much as four (4) years ; or if the Railroad shall consist of
Sections I, II, III and IV, then within two (2) years
from the date of notice of election by the City to construct
Section IV, Provided, however, that the entire period
allowed for the construction of Sections I, II, III and IV
shall be as much as four and one-half (4^2) years. In
the event of delay in such complete Construction and
Chapter II. Agreement for Construction. 45
Equipment beyond the period or periods so prescribed,
and in case such delay shall not be excusable, as herein
provided, the price to be paid the Contractor shall be re- Price to be
reduced for
duced as follows : From the several amounts which shall
become payable to the Contractor after the expiration of
the said period or periods for work completed or materials
furnished thereafter, there shall be deducted and retained
by the City as liquidated damages for such delay two
per cent, thereof for each and every month after the ex-
piration of the said period or periods until such amounts
are severally certified to be due and payable. But in case
the Contractor shall be delayed by injunction or by strike
or by any interference of public authority, and in case the
Contractor cannot, notwithstanding such injunction, strike
or interference, with reasonable diligence make up for the
delay so occasioned by speedier work when the Contractor
shall not be so interfered with, then the said date for com-
pletion shall be extended to a date later than the expira-
tion of the said period or periods by the amount of time cf
such delay, Provided, however, that no period of such de-
lay shall be deemed to begin until written notice thereof
shall be given by the Contractor to the Board.
The sites of the terminals shall be proposed by the Con- Sites of Ter-
minals,
tractor, but the same shall be subject to the approval of
46 Chapter II. Agreement for Construction.
the Board. The City shall itself purchase the real estate
for the terminals, by condemnation or otherwise ; but the
amount which shall be paid by the City for real estate for
terminals shall be deemed to be payment to the Contractor
on account of Construction. The Contractor shall receive
the exact cost to the Contractor of the complete construc-
tion of the terminals, together with a profit of ten (10)
per cent, thereon, for its services in connection therewith.
The total amount to be paid or allowed to the Contractor
for such cost of construction, including the additional al-
lowance of ten (10) per cent, (as explained above) to-
gether with the sum paid by the City for real estate for
terminals, shall in no case exceed One million seven hun-
dred and fifty thousand dollars ($1,750,000).
Cost of Ter- The amount included as aforesaid in the price for Con-
minals.
struction hereunder for terminals is the estimated sum of
One million dollars ($1,000,000) which includes the al-
lowance for cost of the real estate for terminals and of
their complete construction ready for operation, but does
not include the cost of any equipment thereof. The varia-
tion of the cost of the terminals (including real estate,
construction and profit aforesaid) from the said sum of
One million dollars ($1,000,000), shall, within the said
Chapter II. Agreement for Construction. 47
maximum limit of One million seven hundred and fifty
thousand dollars ($1,750,000) be added to or deducted
from, as the case may be, the total contract price for con-
struction payable to the Contractor. Any excess of the
cost of the terminals above One million seven hundred and
fifty thousand dollars ($1,750,000) shall be borne and
paid by the Contractor ; and any excess above such amount
which the City shall itself have paid, shall be forthwith
returned by the Contractor to the City or may be deducted
by the City from any money otherwise due the Contractor.
The amount included as aforesaid in the price for Con- Cost of Real
Estate for
struction hereunder for real estate to be acquired for sta-
tions and other purposes of the Railroad except terminal
and equipment, is as follows: If the Railroad shall in-
clude only Section I, the sum is One hundred and seventy
thousand dollars ($170,000) ; if it includes Sections I and
II, it is Three hundred and seventy thousand dollars
($370,000) ; if it includes Sections I, II and III, it is Four
hundred and sixty thousand dollars ($460,000) ; if it in-
cludes Sections I, II, III and IV, it is Five hundred thou-
sand dollars ($500,000). The City shall itself acquire
48 Chapter II. Agreement for Construction.
(by condemnation or otherwise) all such real estate ; and
every amount paid therefor by the City shall be deemed
to be a payment to the Contractor on Construction. In
case the total cost to the City of acquiring such real estate
shall be greater than the sums so prescribed, then the
contract price for Construction shall be increased accord-
ingly, except, however, that the cost of real estate for such
purposes to be borne by the City shall in no case exceed
the sum of Three hundred and forty thousand Dollars
($340,000) for Section I ; Seven hundred and forty thou-
sand Dollars ($740,000) for Sections I and II; Nine hun-
dred and twenty thousand Dollars ($920,000) for Sections
I, II and III; and' One million Dollars ($1,000,000) for
Sections I, II, III and IV. Any such excess shall be
borne by the Contractor. In case the total cost to the
City of acquiring such real estate shall be less than the
said sum of One hundred and seventy thousand Dollars
($170,000) for Section I, or Three hundred and seventy
thousand Dollars ($370,000) for Sections I and II, or
Four hundred and sixty thousand Dollars ($460,000) for
Sections I, II and III, or Five hundred thousand Dollars
($500,000) for Sections I, II, III and IV, the contract
price for construction shall be diminished accordingly.
Chapter II. Agreement for Construction. 49
The Citv shall conduct with diligence proceedings tc City to
ctCQUlic IlC
Real Estate.
acquire the real estate needed for terminals and other rail-
road purposes or (if requested by the Contractor) which
the Contractor shall need for Equipment. The Contractor
shall, however, give to the Board notice of at least three
(3) months that the real estate is required, specifying the
parcels. Any damage sustained by the Contractor by
reason of delay in its possession of such real estate beyond
a period of six months after the giving of such notice
shall be paid by the City to the Contractor. The amount
thereof shall be certified by the Engineer as aforesaid but
subject to appeal by the City or Contractor and determina-
tion by arbitration as aforesaid.
The City shall pay the Contractor for the work as the Payments, how
made to Con-
tractor,
same progresses upon vouchers certified by the Board.
Written requisitions by the Contractor for such payments
shall be delivered to the Board at intervals of not less
than one (T) month. Each requisition by the Contractor
shall be accompanied by a certificate of the Engineer to
the effect that work has been done and materials have been
delivered in accordance with the terms of the Contract
at or upon the Railroad prior to the time of such requisi-
tion of a value stated in such certificate. Such value shall
50 Chapter II. Agreement for Construction.
be ascertained relatively to the contract value of the entire
work.
The Board shall thereupon forthwith prepare and certi-
fy a voucher in due form for payment by the City for
the work so done and materials so furnished. The Board
shall not be bound by the certificate of the Engineer, but
may in every case fix the amount due at such sum as the
Board shall itself determine to be the proper actual relat-
tive value of such work and materials. The amount .so
certified by the Board shall be forthwith paid by the Citv
to the Contractor without any deduction except as herein
otherwise provided. In case such Contractor shall be dis-
satisfied with the determination of the Board as to value
'as aforesaid, the Contractor may appeal from such deter-
mination in the manner hereinbefore provided for appeals
for determination of the Engineer as to additional work,
and the receipt by the Contractor of the amount certified
by the Board shall not be deemed the waiver of his rights
to appeal.
And if the payment upon such appeal shall be deter-
mined to be too small, then upon such determination the
City shall forthwith and upon a voucher certified by the
Chapter II. Agreement for Construction. 51
Board pay to the Contractor the additional amount award-
ed upon such appeal.
At a date not later than the time when two-thirds (2-3) Equipment*
in value of the work which the Contractor shall be bound
to do, not including equipment, shall have been finished,
and certified by the Engineer (but subject to appeal as
aforesaid) the Contractor shall begin and shall thereafter
diligently proceed with the provision of the equipment of
the Railroad, and such provision shall proceed at such rate
as that the Equipment shall be completely ready for use
three (3) months in advance of the complete Construction
of the Railroad (that is to say, of the Section or Sections
which the Contractor shall be bound to construct) .
The Contractor shall furnish the Board with satisfac- v V d ! n 5 e
that labor and
materials are
tory evidence that all persons who have done work or fur- P aid for -
nished materials in the construction, and who have given
written notice to such Board before or within ten (10)
days after the final completion and acceptance of the
whole work required under this contract, that any balance
for such work or materials is due and unpaid, have been
fully paid and satisfactorily secured ; and in case such evi-
dence is not furnished as aforesaid such amount as may be
52 Chapter II. Agreement for Construction.
necessary to meet the claims of the persons aforesaid may
be retained from the money due to the Contractor under
this agreement until the liabilities aforesaid shall be full*-
discharged or such notice withdrawn.
If at the time of any such requisition any lien shall have
been filed against the Contractor on the Railroad against
the amount payable to the Contractor under the provisions
of this contract by any person or corporation entitled to
file the same for work, labor, or services done or per-
formed for or materials furnished to the Contractor in or
about the Construction, an amount reasonably sufficient
to pay and discharge such lien and to pay the costs of fort-
closure thereof shall be retained by the Comptroller from
the amount which would be otherwise payable to the Con-
tractor on such requisition, until the said lien shall be dis-
charged or secured as provided by law. If such lien shail
be foreclosed according to law then the Comptroller may
pay the said amount found due upon such lien by the
judgment in the foreclosure action to the person entitled
thereto, and such payment shall be deemed a payment
hereunder to the Contractor. If the sum so retained
Chapter II. Agreement for Construction. 53
shall not be sufficient to discharge the lien so foreclosed,
the deficiency shall be retained by the Comptroller out of
the next moneys coming due to the Contractor.
In case any claim shall be made by any person or cor-
poration against the City for loss or damage to person or
property caused by or arising from or alleged to have been
caused by or to have arisen from any negligence, fault
or default of the Contractor, the amount of such claim
shall upon the requirement of the Board be retained by
the Comptroller out of any moneys thereafter growing
due to the Contractor hereunder (in addition to the other
sums hereinbefore authorized to be so retained) , as secur-
ity for the payment of such claim or claims. If and when
the liability of the City on such claim or claims has been
finally established by a judgnlent of a court of competent
jurisdiction, or has been admitted by the Contractor, the
said claim or claims shall be paid from the amount so re-
tained and the balance, if any, paid to the Contractor.
The specifications and contract-drawings hereinafter Specifications
and Drawings
subject to
mentioned, and the other and additional provisions of Requirement of
Railroad of high-
est Grade.
this contract, are intended by the Board to be full and
comprehensive, and to show all the work required to be
54 Chapter II. Agreement for Construction.
done. But in a work of this magnitude it is impossible
either to show in advance all details, or to precisely fore-
cast all exigencies. The specifications and contract-draw-
ings are to be taken, therefore, as indicating the amount
of work, its nature and method of construction so far as
the same are now distinctly apprehended. But the Con-
tractor understands, and it is expressly agreed, that there
is included within its obligation the complete Construction
and Equipment of the Railroad as herein contemplated.
The Railroad is to be constructed for actual use and opera-
tion as an inter-urban railroad of the highest class, adapt-
ed to the necessities of the people of the City of New
York. It is to be used and operated as provided in Chap-
ter III, the Lease. The Contractor shall construct, com-
plete and fully equip the Railroad in the best manner,
according to the best rules and usages of railway construc-
tion, so that the Railroad shall be thoroughly fitted for
safe, continuous, immediate and full operation in the
manner and subject to the requirements of Chapter III,
the Lease. If, in the specifications or contract-drawings
or in the provisions of this contract, any detail or other
Chapter II. Agreement for Construction. 55
matter or thing requisite for such operation in such man-
ner and subject to such requirements be not mentioned,
nevertheless the same is deemed to be included, and the
Contractor hereby undertakes to do the same as part of
its work hereunder. And it is expressly agreed that the
price. to be paid the Contractor as herein prescribed in-
cludes full compensation for every such detail, matter and
thing.
T ,, r . ,. Where Text of
In the event of any doubt as to the meaning of any por- Contract doubt-
ful, best Mater-
tion or portions of the specifications or contract-drawings, ' a ^ s ^. ork-
' manship re-
quired,
or of the text of the contract, the same shall be interpreted
as calling for the best construction, both as to materials
and workmanship, capable of being supplied or applied
under the then existing local conditions. This provision,
by way of illustration, implies the requirement that the
interior surface of every part of the tunnel containing
the railway shall be entirely free from percolation of
ground or other water from without; the requirement
throughout of a structure whose component parts shall
be of as permanent and durable a character as practicable ;
the requirement that the steel and such other parts of tho
structure as are liable to rust and decay shall be fully pro-
tected from such action ; the requirement that the track
Plans and
Contract
Drawings.
56 Chapter II. Agreement for Construction.
and roadbed shall be such that trains such as are described
in Chapter III, the Lease, can be run thereon with safety
and comfort at the highest practically attainable speeds;
and the requirement that there shall be adequate stations.
All the clauses of the specifications, and all parts of the
contract-drawings, are, therefore, to be understood, con-
strued and interpreted as intending to produce the results
hereinbefore stated.
The plans referred to in the specifications hereinafter
contained are one hundred and seventeen (117) in num-
ber, bear date 7th April, 1898, are each countersigned by
the Engineer, are stamped with the seal of the Board, and
bear the general title, ..Contract Drawing No.
The sheets are as follows: Nos. A I to A 35 inclusive;
Nos. B i to B 46 inclusive ; Nos. C i to C 36 inclusive.
The sections and dimensions of all parts shown on the
contract-drawings are typical sections and dimensions ap-
plicable to the greater part of the work, and where no
extraordinary conditions exist. Where such conditions
do exist, or where unforeseen contingencies arise, such as
the encountering of quicksand or other bad material, or
Chapter II. Agreement for Construction. 57
when provision must be made for the support of elevated
railroad columns, or when there are buildings, monuments
or other structures whose foundations are of such a char-
acter as to bring an undue thrust upon the tunnel, or other
similar circumstances exist, then and in every such case
the Board may issue such special plans, duly counter-
signed by the Engineer, and accompanied by specifications
explanatory thereof, or describing the method of construc-
tion, changing the sections or the dimensions of the parts
or the materials of the structure; and such special plans
and specifications when so issued shall be binding on the
Contractor.
In addition to the contract-drawings already mentioned, Supplementary
Drawings.
the Board has had prepared a set of maps and plans one
hundred and forty-two (142) in number, bearing the same
seal, general title and date as the contract-drawings, but
designated as ^Supplementary Drawings" which are
signed by the Engineer and marked Nos. D I to D 142
inclusive. These supplementary drawings exhibit certain
information which the Board has received from its En-
gineer of the nature of the soil underlying portions of the
58 Chapter II. Agreement for Construction.
route, the nature and position of elevated and surface rail
ways, water mains, gas and other pipes, sewers, electric
subways, manholes, hydrants, catch basins, and other sur-
face and sub-surface structures. The supplementary
drawings have been exhibited to the Contractor without
any guarantee on the part of the Board as to their com-
pleteness or correctness, and the Contractor may, at its
option and at the expense of the Board, have copies there-
of for such aid, if any, as the Contractor may derive from
them. If. upon opening the streets or otherwise, diffi-
culties of any nature be encountered which are not indi-
cated or suggested by the supplementary drawings, or if
additional surface or sub-surface structures be discovered
or found of different size or in different positions or of
different nature from those shown on the supplementary
drawings, or if in any way such supplementary drawings
be found erroneous, the Contractor shall have no claim
whatever for any such failure, discrepancy, or error, but
is to take every necessary or proper precaution to over-
come the unforeseen difficulty, and is to take care of, pro-
tect, remove, adjust or readjust, as the case may be, the
additional or different surface or sub-surface structures
according to the direction of the Engineer.
Chapter II. Agreement for Construction. 59
The Contractor shall, before making any sub-contract Names of Sub-
Contractors to
of its work, in writing state to the Board the name of
such sub-contractor, the portion of the work which such
sub-contractor is to do or the materials which sub-con-
tractor is to furnish, the place of business of the sub-con-
tractor and such information as the Board may require ro
enable it to know whether such sub-contractor is able com-
petently to do the work or provide the materials.
The Contractor admits and covenants to and with the Contractor ap-
proves Plans as
involving no
City that the plans and specifications and other provisions Damage.
of this contract for construction, if the work be done with-
out fault or negligence on the part of the Contractor, do
not involve any danger to the foundations, walls or other
parts of adjacent buildings or structures; and the Con-
tractor shall at its own expense make good any damage
that shall, in the course of construction, be done to any
such foundation, walls or other parts of adjacent buildings
or structures.
The Contractor shall during the performance of the Traffic to be
maintained.
work safely maintain the traffic on all streets, avenues,
highways, parks or other public places in connection with
the work, and take all necessary precautions to place
proper guards for the prevention of accidents, and put up
60 Chapter II. Agreement for Construction.
Indemnification and keep at night suitable and sufficient lights and indeni-
for Accidents.
nify and save harmless the City against and from all dam-
ages or costs to which it may be put by reason of injury
to the person or property of another or others, resulting
from negligence or carelessness in the performance of the
work or from guarding the same, or from any improper
materials used in its construction, or by or on account of
any act or omission of the Contractor or the agents there-
of.
The Contractor sha11 be responsible for all damage
to abutting Prop-
erty, which may be done to abutting property or buildings or
structures thereon by the method in which the construc-
tion hereunder shall be done, but not including in such
damage any damage necessarily arising from proper con-
struction pursuant to this contract or the reasonable use,
occupation or obstruction of the streets thereby. The
Contractor shall obey any order of the Engineer to sup-
port or secure abutting property or any structure thereon ;
but the Contractor shall not be relieved of responsibility
by any failure or omission of the Engineer to give any
such order or notice of any danger.
Excavated All material excavated along the route shall be the prop-
material.
erty of the Contractor.
Chapter II. Agreement for Construction. 61
The Contractor will at all times give to the Board and Inspection.
its members, to the Engineer and the assistants and su-
perintendents under the Engineer, and any person desig-
nated by the Board or its president, all facilities, whether
necessary or convenient, for inspecting the materials to
be furnished and the work to be done under this contract.
The members of the Board, the Engineer and any super-
intendent, assistant or other person bearing his authoriza-
tion or the authorization of the Board or its president,
shall be admitted at any time summarily and without de-
lay to any part of the work or to inspection of materials
at any place or stage of their manufacture, preparation,
shipment or delivery.
Any engineer substituted by the Board in place of the Substitute of
Chief Engineer.
Chief Engineer during any absence, illness or inability of
his or when the Board shall so determine, shall, during
his official connection, have all the power and authority of
the Engineer, and in all respects be recognized as such
Engineer.
The Contractor shall complete the entire work upon Contractor
bound to com-
every section of which construction shall be required as ^l 6 ^ 1 "
aforesaid in accordance with the specifications and con-
tract-drawings and according to the other provisions of
this contract and within the times specified in this contract
in the most workman-like manner and with the highest
regard to the safety of life and property and according to
62 Chapter II. Agreement for Construction.
the lines, levels and directions given by the Engineer, for
the price herein agreed upon, except that for extra work,
if any, there shall be additional payment as hereinbefore
provided, and except that for part or parts of the work,
if any, omitted, there shall be deduction from the contract
price as hereinbefore provided.
Best Materials, The Contractor is to furnish of the best description all
Machinery, Tools,
&c., to be used. materials, machinery, implements, tools and labor neces-
sary to construct and put in complete working order all
work covered by the specifications, contract-drawings and
other provisions of this contract including all additional
specifications, drawings and details issued or required as
herein provided.
In order to construct the Railroad it will be necessary
to take up and relay the pavement or other surface ma-
terial, to protect and support during construction elevated
and surface railways, water mains, gas pipes, electric sub-
ways, pneumatic tubes, steam pipes and other subsurface
structures, together with their necessary connections, as
the same may be met with along the route ; to build sewers
both along the route and other streets ; to make or remake
the necessary manholes, catch basins and other sewer
connections therewith ; to move, alter, readjust or rebuild
water mains, gas pipes, electric subways, pneumatic tubes,
steam pipes and other subsurface structures, together with
Construction
includes Sewer
and other
Incidentals.
Chapter II. Agreement for Construction. 63
their necessary connections ; and to do all such additional
and incidental work as may be necessary for the comple-
tion of the Railroad and the final restoration of the street
or other surface to as useful and good a condition as ex-
isted before construction shall have been begun. All such
work of every description is part of the work of Construc-
tion of the Railroad included within this contract.
The following are specifications of the work, but it Is Specifications
not exclusive.
expressly understood that such specifications do not in-
clude all requirements, but are requirements in addition
to those heretofore or elsewhere given or provided in this
contract. The specifications and other provisions of this
contract, and the contract drawings, are intended to be
explanatory of each other. Should, however, any dis-
crepancy appear or any misunderstanding arise as to the
import of anything contained in either, the explanation
of the Engineer shall be final and conclusive, except that,
upon any claim by the Contractor that it has been called
upon to do work or furnish materials in excess of quan-
tity or value of those called for by the terms of this con-
tract, it shall be entitled to appeal, as hereinbefore pro-
vided, and to a correction by way of money allowance to
it of any error of the Engineer.
SPECIFICATIONS.
These specifications are grouped in subdivisions as fol-
lows :
PAGE.
(67) i. General Description of the Work.
(70) 2. Manner of Prosecution.
(74) 3. Excavation.
(78) 4. Backfilling.
(78} 5. Piling and Timbering.
(7p) 6. Tunnelling.
(Si) 7. Cement.
(te) 8. Mortar.
(83} 9. Concrete.
(5) 10. Brick Masonry.
(87) ii. Stone Masonry.
(po) 12. Water Proofing.
(p^) 13. Drains and Pumps.
(p<5) 14. Steel and Iron.
(io<?) 15. Painting.
(10^:) 1 6. Track,
(no) 17. Sewers.
(127) 18. Water Mains.
(132} 19. Paving.
(150) 20. Maintenance of Street Railway Tracks,
Mains and other Surface or Sub-sur-
face Structures.
(157) 21. Stations.
(156} 22. Terminals.
(157) 23. Equipment.
(i5p) 24. General Clauses.
(161} 25. Sectional Construction.
(i<5i) 26. Trade Combinations.
Chap. II. Agree't for Const' n: Specifications. 67
i. GENERAL DESCRIPTION.
The railway to be built commences at a point in Park General de-
, scnption of
Row near Frankfort Street, with a two-track loop under t h e work.
the City Hall Park, Broadway, and Park Row to the
above-mentioned point near Frankfort Street, where there
commences a four-track line running thence under Centre
Street, New Elm Street, Lafayette Place, across Astor
Place and private property between Astor Place
or Eighth Street and Ninth Street to Fourth Ave-
nue at Ninth Street; thence under Fourth Avenue and
Park Avenue io Forty-second Street, thence under Forty-
second Street to Broadway, and thence under Broadway
and the Boulevard to a point at or near Ninety-seventh
Street, all of which railway shall be known as the Main Main Line.
Line.
On the four-track portion above mentioned the inside Express and
tracks are to be used by express trains stopping only at Local tracks -
comparatively long distances, and the outside tracks by
local trains stopping at shorter distances.
At or near Ninety-sixth Street suitable cross-overs shall 96th Street
be constructed, permitting the free running of trains from c
the south-bound express track to the south-bound local
track, and from the south-bound local track to the south-
bound express track, and in like manner from the north-
bound express track to the north-bound local track, and
from the north-bound local track to the north-bound ex-
press track.
At a suitable point north of the construction of these East Side
cross-overs the outside tracks will rise so as to permit the Line -
inside tracks, on reaching a point near One Hundred and
Third Street, to curve to the right, passing under the
north-bound track and to continue thence across and un-
der private property to One Hundred and Fourth Street ;
thence under One Hundred and Fourth Street and Cen-
tral Park to One Hundred and Tenth Street near Lenox
Avenue ; thence under Lenox Avenue to a point near One
68 Chap. II. Agree' t for Const' n: Specifications.
Hundred and Forty-second Street ; thence across and un-
der private property and the intervening streets to the
Harlem River ; thence under the Harlem River and across
and under private property to One Hundred and Forty-
ninth Street; thence under and along One Hundred and
Forty-ninth Street to Third Avenue, to Westchester Ave-
nue, where at 'a convenient point the tracks will emerge
from the tunnel and be carried on a viaduct along and
over Westchester Avenue, Southern Boulevard and Bos-
ton Road to Bronx Park.
That portion of the railway from the north end of the
cross-overs at or near Ninety-seventh Street, to Bronx-
Park, shall be known as the East Side Line.
West Side From the northern end of the above-mentioned cross-
overs, at or near Ninety-sixth Street, the outside tracks
shall rise, as previously described, and after the over
crossing of the inside tracks, they shall be brought to-
gether on a location under and as far as possible sym-
metrical with the centre line of the street and proceed
along and under the Boulevard to a point between One
Hundred and Twenty-second and One Hundred and
Twenty-third Streets, at which point the tracks shall
commence to emerge from the tunnel and be carried on a
viaduct along and over the Boulevard to a point between
One Hundred and Thirty-fourth and One Hundred and
Thirty-fifth Streets, where they shall again pass into and
continue in tunnel under and along the Boulevard and
Eleventh Avenue to a point about thirteen hundred and
fifty (1,350) feet north of the centre line of One Hun-
dred and Ninetieth Street, where the tracks shall again
emerge from the tunnel and be carried on a viaduct across
and over private property to Elwood Street, and over and
along Elwood Street to Kingsbridge Road or Avenue,
private property, the Harlem Ship Canal and Spuyten
Duyvil Creek, private property, Riverdale Avenue or Two
Hundred and Thirtieth Street, to a terminus near Bailey
Avenue.
That portion of the line from the north end of the
cross-overs at or near Ninety-seventh Street to the above -
Chap. II. Agree 't for Const' n: Specifications. 69
mentioned terminus at Bailey Avenue, shall be known
as the West Side Line.
In addition to the construction of the railway itself, it
will be necessary to construct or re-construct certain
sewers, together with house and other sewer connections
and to adjust, re-adjust and maintain railways, pipes,
subways, and other surface and sub- surf ace structures,
and to relay the street pavement both on streets occupied
by and on streets other than those occupied by the route
of the railway.
The above description of the Main, East and West Side
Lines, and the sewers off the route of the railway, is told
in general language, but the location of the various tracks,
junctions, loops, grades, terminii, etc., are set forth more
particularly and accurately on the accompanying Contract
Drawings.
During the progress of the work the Board will give, Lines and'
through the Engineer, to the Contractor, suitable points, Grades<
marks or benches, indicating the line and grade of the
railway and of the sewers ; such points for bench marks
being established at such intervals as the Engineer deems
necessary for the Contractor to be able to perform its
work. From such line points and benches, the .Contrac-
tor, under the supervision of the Engineer, shall make,
unless the Board decides otherwise, all the necessary sub-
measurements for the locations of foundations, walls, col-
umns, beams, and all other structural parts, both for
the railway and all other structures to be built under
this contract. Such submeasurements shall be at all times
subject to inspection by the Engineer, and if found to be
in error, as called for by the plans or his directions, shall
be at once corrected, even though work had been done
under them.
The Contractor shall also make all working or shop Working and
drawings which may be required in addition to the Con- Sh P drawings,
tract Drawings, or in addition to such other drawings as
the Board may issue in amplification of such Contract
Drawings as explained above. All working or shop
drawings shall be submitted in duplicate to the Engineer
70 Chap. II. A greet for Const'n: Specifications.
for his approval, which approval shall be indicated by his
countersigning one set of such working or shop draw-
ings and returning the same to the Contractor. Should
the working or shop drawings be not in accordance with
the Contract Drawings and Specifications, then the En-
gineer shall return one set of such working or shop draw-
ings, with the necessary corrections and changes indicat-
ed thereon, and the Contractor must make such correc-
tions and changes, and again submit plans in duplicate for
the approval of the Engineer ; and no work shall be done
or subcontract let upon said working or shop drawings
until the approval of the Engineer be obtained, except as
specified below. In the event of the Engineer failing to
take any action within ten (10) working days after de-
livery to him at his office of such plans in duplicate, such
failure shall be taken as equivalent to approval and the
Contractor shall be entitled to proceed exactly the same
as if one set had been returned to him with the Engineer's
approval indicated by his signature.
2. MANNER OF PROSECUTION.
Rapidity and All the work shall be prosecuted in the manner ac-
cording to location best calculated to promote rapidity in
construction, to secure safety to life and neighboring prop-
erty, and to reduce to the minimum any interference with
the public travel.
Night work. Wherever, in the judgment of the Board, traffic or other
local conditions demand, the work shall be prosecuted
during the night only or .during both the night and day ;
and at all points the Board shall have power to require
the Contractor to so conduct its work that it shall not re-
main open or obstruct traffic an unreasonable length of
time.
Parks. For that portion of the route under Central Park, and
other public parks or parkways, such reasonable precau-
tions must be taken to protect from injury all trees, shrubs,
other plants and grassplots, as may be called for bv the
authorities specially charged wim the care of the public
Chap. II. Agree't for Const' n: Specifications. 71
parks. Such trees as are found along the line of the
route and between the necessary side lines of excavation,
where open excavation is permitted, are to be supported in
place, if in the judgment of Engineer such trees can
thereby be saved. For every tree removed or killed, the
Contractor shall set out a new thrifty tree of similar kind
of a height not less than fifteen (15) feet, and of a diam-
eter not less than three and one-half (3^2) inches, in such
a position as the superintendent of public parks shall in-
dicate. All roads, crosspaths, grassplots, shrubbery and
other plants, removed or affected by the construction of
the railroad, shall be restored as soon as possible to as
good a condition as existed before commencing operations.
Special care must be taken to diminish damage wherever v
open excavation is permitted, and the width of such ex-
cavation must not exceed the width actually necessary, in
the opinion of the Engineer, for the proper prosecution of
the work.
In Central Park there must be no disturbance of the
surface except between the points marked "A" and "B"
on Contract Drawing No. A25- No material will be al-
lowed to be piled in Central Park during construction,
unless special permission is obtained therefor from the
authorities specially charged with the care of public parks.
For that portion of the route along Park Row, and Park Row -
Broadway adjacent to the Post Office, sucli special pre-
cautions will be taken as may be required by the Engineer
For that portion of the route along Centre Street, La- Centre Street,
fayette Place, Fourth Avenue, Forty-second Street, Broad- FotTrt^Avelrue,'
way between Forty-second Street and Sixtieth Street, the 42d Street,
Contractor will be permitted to conduct its work by open
excavation. No opening, unless roofed over with timber
so as to permit the passage of vehicles and pedestrians,
shall exceed in length four hundred (400) feet, nor in
width the distance to the centre of the street or the outer
rail of the car track next beyond the centre of the street,
if such car track exists, plus such reasonable space in ad-
72 Chap. II. Agree' 't for Const' n: Specifications.
Openings limited
to 30 days.
New Elm
Street.
Park Avenue.
iO4th Street
and Central Park.
dition as may be required for sheathing, leaving the bal-
ance of the street unobstructed for normal surface traffic.
No two unroofed openings shall be within five hundred
(500) feet in the clear of each other, and every cross
street shall be bridged over such opening for a width
of at least fifteen (15) feet for a carriageway and with
one (i) foot walk in addition five (5) feet in width, ex-
cept at Fourteenth Street, Twenty-third Street, Fifth
Avenue and Sixth Avenue, where the bridging for the
carriageway shall be at least thirty (30) feet in width,
and for two (2) foot walks in addition, each at least five
(5) feet in width.
No open excavation shall be maintained in front of any
property for a period greater than thirty (30) working
days, unless the consent of the owner of such property
shall be filed with the Board. Should it be impossible to
restore the pavement within the space of thirty (30) days
then, unless permitted by the property owner, or by a
special vote of the Board, the Contractor shall maintain a
bridge or roof over such excavation, which bridge or roof
shall not be subsequently removed for a period exceeding
four (4) days at any one time.
For that portion of the route along New Elm Street,
the Contractor shall be permitted to conduct its work by
open excavation, \vhich may be the full width of the tun-
nel. The Contractor shall, however, maintain bridges at
each cross street at least twenty (20) feet in width, and
wherever required by the Board, shall so arrange its work
as to give access to all property abutting on Elm Street
which shall not abut also on a cross street, and not close
at one time more than two (2) adjacent blocks against
vehicular traffic.
For that portion of the route under Park Avenue be-
tween Thirty-fourth and Fortieth Streets, the work shall
be done by tunnelling without disturbing the surface of
the street.
For that portion of the route from the east side of the
Boulevard between One Hundred and Third and One
Hundred and Fourth Streets to the points marked "A" in
Chap. II. Agree't for Const' n: Specifications. 73
Central Park on Contract Drawing No. A 25, and such
other portions of the route where the Contractor may so
desire, the work shall be done by tunnelling. On the por-
tion of the route above specifically described, the Contrac-
tor may establish a shaft of such suitable size as may be
necessary, on the easterly sidewalk of Central Park West,
leaving, however, a footway for pedestrians to pass the
same of not less than six (6) feet in width, which for the
protection of pedestrians shall be securely roofed over and
be kept lighted at night. From this shaft the Contractor
will work both w r ays to meet the headings driven easterly
from the Boulevard and westerly from the point marked
"A" on Contract Drawing marked No. A 25. No encroach-
ment on the lands of Central Park at the shaft above-
mentioned will be allowed without the express permission
of the proper authorities charged with the care of public
parks.
On other portions of the route wherever the Contractor
may desire to work by tunnelling, it may locate shafts as
approved by the Board, of such size and in such locations
as will not prevent a reasonable use of the thoroughfares
by vehicles and pedestrians, and surface tramways, if they
exist.
For that portion of the route lying beneath the Harlem Harlem River.
River and the approaches thereto, the work may be con-
ducted by means of compressed air, dredging, open cais-
sons founded on piles, or such other means as the Con-
tractor may prefer and as may be approved by the En-
gineer. Whatever method, however, is pursued, must
give the tunnel a firm foundation without danger of settle
ment, and must during construction give a free and unob-
structed waterway, for the passage of vessels, at least
two hundred (200) feet in width. If necessary, the Con-
tractor must keep a channel dredged to a depth at least
equal to the minimum channel depth existing in the Har-
lem River at the time of commencing construction. The
Contractor must also maintain suitable signals during both
day and night, and during foggy weather, to indicate the
position of its temporary work and must, if required by
the Engineer, protect the same by guard piles. When
74 Chap. II. Agree 't for Const 'n: Specifications.
Other portions
the Route.
construction is finished, all temporary piles must be drawn
and all parts of caissons or other work removed, so that
there will be an unobstructed depth of water over the top
of the tunnel for the full width of the river measured be-
tween the established bulkhead lines as shown by the plans.
For all other portions of the route north of Sixtieth
Street not otherwise specified, the Contractor will be per-
mitted to conduct its \vork in the most expeditious man-
ner possible, having due regard for the safety of persons
and neighboring property and under such reasonable in-
structions as the Engineer may give from time to time as
to facilities to be furnished by the Contractor for the bene-
fit of street travel, both longitudinal and cross.
Along the Boulevard, where in the course of the work
it is necessary to destroy the trees in the parkways, the
Contractor shall set out if required, wherever there exists
four (4) feet or more of top filling over the roof of the
tunnel, an equal number of new trees of the same kind
not less than fifteen (15) feet in height and with a diam-
eter not less than three and one-half (3^2) inches. These
trees are to be bedded in good soil to be approved by the
Engineer, and are to be stayed by suitable guys until they
have become well rooted.
Access to
fire hydrants.
3. EXCAVATION.
^ 'herever the work is being carried on by open excava-
tion, access must be given by a bridge to every fire hydrant
and fire alarm box, and at all times and in all places no
materials must be piled within four (4) feet of any fire
hydrant or fire alarm box ; and where materials are piled
near to a fire hydrant or fire alarm box, and to such height
as to obscure a sight of the same, the position of such
hydrant or fire alarm box shall be indicated, if required
by the Fire Department, by suitable signals, both day and
night. And all work in excavation must be so conducted
Chap. II. Agree' t for Const' n: Specifications. 75
or bridged, if necessary, as to give the Fire Department
access at all times and in all places to any building or
buildings for the extinguishing of a fire.
Trenches shall be excavated to such depth in soft Depth of
ground as may be necessary to permit the laying of such
concrete bed or special foundation as may be deemed nec-
essary by the Engineer. In rock they shall be excavated
to such depth so that no projecting point of rock shall be
within eight (8) inches of the grade of the finished sur-
face of the floor.
Such excavated sand, gravel or stone as in the judg- Material ex-
CeLV3,tcd
ment of the Engineer is suitable for use in mortar, con-
crete or masonry, may be stored and so used in the work.
The balance shall be removed expeditiously and disposed
of in any place selected by the Contractor, subject to the
ordinances and regulations of the City authorities govern-
ing the disposal of suclf material, and the regulations of
the United States Government as to the disposal or dump-
ing of material in and about or near the Harbor of New
York. The carting awsiy of excavated material shall be Hours of re-
done in residential districts between the hours of 7 A. M. r
and 8 P. M., unless otherwise specially directed by the
Board.
All material which with the permission of the Board Material to be
may be left temporarily in the street, shall be watered by wa
the Contractor when so directed by the Engineer.
For the purpose of facilitating construction and to di- Temporary
minish the period of occupancy of any street for the trans-
portation of material, the Contractor may, with the ap-
proval of the Board, lay upon or over the surface of any
street temporary tramways to be used only for the removal
of excavated materials and for the transportation of ma-
terials for use in construction, provided, however, that any
such tramway shall be forthwith removed upon the direc-
tion of the Board.
All carts, buckets or other vehicles used by the Con- Carts to be
tractor for the removal of material shall be tight and so tlg t-
arranged when loaded as not to spill over the top. When-
ever a cart, bucket or other vehicle so used is leaky, it
76 Chap. II. Agree 't for Const' n: Specifications.
shall be immediately withdrawn from the work on notifi-
cation by the Engineer or his duly qualified assistant in
charge of that portion of the work.
Open Exca-
vations.
Sides to be
secured.
Quicksand.
Pumping.
All open excavations shall be of such width, in addition
to that of the railway, as shall be necessary in the opinion
of the Engineer, for the proper and expeditious progress
of the work, and to permit the laying and readjusting of
all sewers, mains, subways and other subsurface structures
encountered along the route. The paving, flagging, bridge,
curb or gutter stones, if to be re-used, shall be taken at
once to be used on another block or shall be piled neatly
along the route or in streets adjacent thereto, as may be
permitted by the Engineer, but so as not to prevent a rea-
sonable use of the sidewalk by pedestrians, or of the car-
riageway by vehicles or street cars. The sides of the ex-
cavations shall be secured against slips by suitable sheet
piling or sheathing, held in place by braces, shores, or
waling strips, special precautions being taken where there
is additional pressure due to the presence of buildings or
other structures. The Engineer may order additional
braces and supports, and the same shall be promptly put in
place by the Contractor. All such sheet piling, sheathing,
bracing, shores and waling strips, shall be put in place by
workmen especially skilled for that purpose, and shall be
so arranged as to permit their being withdrawn when the
trenches are being backfilled. In the event of encounter-
ing quicksand, subsurface streams or similar dangerous
contingencies, or where passing especially heavy buildings
which by their construction or position might bring a
great pressure upon the trenches, the right is reserved by
the Board for the Engineer to direct that but a short
length of trench shall be opened at one time, and further-
more to direct, if necessary, that the same shall be se-
curely sheathed and braced on all sides after the manner
of a shaft, and that the permanent work be constructed in
such shaft and backfilled before another opening is made.
Whenever water is encountered in trenches, the same shall
be removed by baling or pumping, great care being taken
when pumping that the surrounding particles of soil be
not disturbed or removed. If necessary to prevent such
Chap. II. Agree' t for Const'n: Specifications, 77
disturbance, the pumping must be done by a series of
driven wells whose points are protected by fine wire cloths,
and the rate of flow at each well being made so slow as not
to remove the particles of soil ; or the pumping must be
done by other means approved by the Engineer. The
delivery from all pumps shall be conducted into the ad-
jacent sewers, and the delivery pipes shall be so arranged
as to be readily inspected at all times to ascertain if the
water is free from particles of soil.
Whenever rock is encountered in any trench, and blast- Blasting,
ing is necessary for its removal, all necessary precautions
must be exercised by the Contractor, and before blasts are
fired the same must be covered with logs, as required by
the ordinances of the City of New York relative to blast-
ing. Explosives shall be used only of such character and
strength as may be permitted by the Board, and the right %
is reserved for the Engineer to direct that in special cases
ordinary blasting powder only, in small charges, shall be
used.
Wherever any pipe or main is encountered in the trench,
right is reserved to direct that all rock within five (5) feet
of the same shall be removed by means other than blasting.
In residental districts no blasts in open trenches shall be
fired, without the special permission of the Board, between
the hours of 8 P. M. and 7 A. M. No larger quantity of Hours for
explosives shall be kept on the line of the work than will
be actually required for the twelve (12) hours of work
next ensuing, and such supplies shall be divided as far as
possible and kept under lock, the key to which being only
in the hands of the foreman or other equally trustworthy
person. The amount of explosives kept in any one place storage of
shall not exceed the limit permitted by any , ordinance of Explosives,
the city, or as may be determined by the Board. Caps
and exploders shall not be kept in the same place with
dynamite and other explosives. During freezing weather,
special precautions shall be taken as to the care and ma-
nipulation of dynamite.
78 Chap. II. Agree 't for Const' n: Specifications.
4. BACKFILLING.
Layers
The trenches at the sides of and over the top of the tun-
nel shall be backfilled with sand, gravel, or other good
clean earth and free from stones exceeding eight (8)
inches in diameter and not containing in any place a pro-
portion of stone below that size exceeding one ( i ) part of
stone to three (3) parts of earth. The filling shall be de-
posited in layers not exceeding nine (9) inches in thick-
ness, well watered and thoroughly packed by rammers
weighing not less than thirty (30) pounds each, and in
such manner that no unbalanced pressure can be thrown
upon the tunnel or any sewer, pipe or other subsurface
structure. Whenever pipes, sewers, or other subsurface
structures are met with, the filling must be carefully
packed, rammed and tamped under such subsurface struct-
ures, using special tools for the purpose. No filling of
trenches with frozen earth will in any case be permitted.
Timber to be .11-11
withdrawn. As fast as the work of filling permits, sheathing and other
timber supporting the sides of the excavation shall be
carefully withdrawn, or left in place as directed by the
Engineer.
5. PILING AND TIMBERING.
Piles. At situations where the excavation is in wet ground,
or for the foundations of any part of the viaduct portions
of the railroad, if in the judgment of the Engineer the
ground is of such a character as to -require piling, the
Board may direct the Contractor to drive piles. Such
piles shall be of good sound oak, pine or spruce, straight
and free from shakes ; they shall be not less than twelve
( 12) inches in diameter at the butt end, nor less than six
(6) inches in diameter at the point, and shall be driven
to the satisfaction of the Engineer and by means of a
steam hammer driver if so required by him. If neces--
sary the points of the piles shall be protected by proper
shoes, and the butts by rings or caps. Piles shall not
be spliced unless permitted by the Engineer, and then in
Chap. II. Agree't for Const 'n: Specifications. 79
such a manner as he directs. Piles shall be carefully cut
off to the grade given by the Engineer.
All foundation timber shall be of pine or spruce, or Foundation
other timber permitted by the Engineer, sound and free
from shakes. It shall be of such dimensions, and laid in
such manner, as the special plans to be issued shall re-
quire, and held in place by spikes or good seasoned oak
or locust treenails.
All timber used for sheeting, shoring, bracing, bridging Timber for
or other temporary purposes, shall be sound and free from tem P rar y
... AT. purposes,
any defects that may impair its strength. The top or
wearing surface of all bridging used for carriageways
shall be of hard yellow pine, sound, straight, and free
from all shakes, and large loose knots. All sheathing and
timber used temporarily shall be put in place by skilled
mechanics, keyed tight by wedges where necessary, and
so arranged as to be withdrawn readily without erfdan- *
gering the adjoining soil.
6. TUNNELLING.
All tunnels, unless otherwise ordered by the Board, Tunnels to be-
shall be lined with concrete or brick masonry. Where lmed -
tunnels are in rock and said rock is dry and free from
waterbearing seams, the lining may be of brick or con-
crete, at the option of the Contractor. Where in wet
ground the lining shall be of brick of which at least one
ring in the arch and one brick thickness in the sidewalls,
shall be laid in asphalt as prescribed in these specifications
relative to waterproofing.
The spacing between the extrados of the arch or back Packing-,
of the sidewalls and the rock or other materials of excava-
tion, shall be completely filled with dry packing of sound
stone of approved size and quality and free from perish-
able matter, or with rubble masonry laid in natural cement
mortar, or with concrete, as may be ordered by the En-
gineer. The filling of whatever nature to be carefully and
thoroughly compacted so as to bring a uniform pressure
on the masonry.
8o Chap. II. Agree' t for Const' n: Specifications.
Extrados to be
coated.
Blasting.
Loose Rock.
Whenever dry packing is- used, the extrados of the arch
and back of the sidewalls where in contact with such dry
packing, shall be covered with a coating of natural cement
mortar mixed one (i) portion cement to one (i) portion
sand, and not less than one-half (y 2 ) inch thick.
The tunnels shall be excavated to the lines as shown
on the plans. Drilling and blasting must be conducted
with all possible care and in such manner as not to shat-
ter the roof and sides outside of the section lines, nor
endanger adjoining property. Blasts shall not be fired
between the hours of 8 P. M. and 7 A. M. where tunnels
are in front of private residences, without the express per-
mission of the Board and under such restrictions as it
may impose.
Whenever any loose rock occurs outside of the lines of
the excavation, whose fall or settlement might, in the
j udgment of the Engineer, produce an unequal or concen-
trated pressure on the masonry, the same shall be re-
moved.
Drainage of
seams.
Soft ground.
Methods to be
approved.
Arched cut and
cover.
All seams carrying water shall be carefully drained, as
specified under the clauses relating to drainage.
In soft ground the Contractor must take every precau-
tion, or such precautions as the Engineer may direct, by
suitable shields, timbering, lagging or other supports, to
prevent any settlement or movement of surrounding
ground. Such timber as cannot be drawn without endan-
gering the work or the ground above, shall be left in place
and thoroughly surrounded by masonry or dry packing,
as the Engineer may direct.
All methods of tunnelling shall be subject to the ap-
proval of the Engineer, and be changed from time to time
if, in his judgment, the local conditions so require.
In arched cut and cover work the arching and side walls
shall be of concrete or brick masonry, with proper pre-
caution taken in each case to prevent leaks, as prescribed
in the clauses relating to waterproofing.
Chap. II. A greet for Const' n: Specifications. 81
7. CEMENT.
Natural and Portland cement, slow or quick setting, Best quality,
as directed, and equal in quality to the best grades of
Rosendale and American Portland cements respectively
are to be used and delivered in well made casks or such
other packages as may be approved by the Engineer.
Before any cement will be allowed to be used, the brand Brand to be
and name of the maker must be submitted to and receive a PP roved -
the approval of the Engineer, and no cement will be per-
mitted to be used that is not in all respects satisfactory
to him.
All cements used shall be subject to inspection and Inspection and
such rigorous tests as shall be ordered by the Engineer, *
preference being given to cements, however, which, by
their records, show a tendency to develop strength stead-
ily for long periods, unless for special purposes cement
is required that will develop great strength in a short
time.
The Contractor must at all times keep in store, at some Methods of
convenient point in the vicinity of the work, or at the s
place of manufacture, should the Engineer so elect, a
sufficient quantity of cement to allow ample time for tests
to be made, and the Engineer shall be notified at once of
each delivery. Cements shall be stored in a tight building,
each cask or package being raised several inches above
ground by blocking or otherwise, and ample storage room
must be provided so that each separate lot of not more
than one hundred (100) barrels can be stored so as to
make it convenient to identify each individual lot in case
of its rejection, or in case of the necessity for further
tests.
82 Chap. II. Agree' t for Const' n: Specifications.
Sand.
How mixed.
Cement how
measured.
8. MORTAR.
All mortar shall be prepared from cement in perfect
condition, which has passed the tests required by the En-
gineer, and clean, sharp sand, free from loam or foreign
matter, and approved by the Engineer. These ingredients
shall be thoroughly mixed dry in the proportions as speci-
fied below ; a moderate dose of water is then to be added,
so as to produce a stiff paste of the proper consistency.
The mortar shall be freshly mixed for the work in hand,
in proper boxes made for that purpose, and no mortar
shall be used that has become hard or has taken an initial
set, nor shall any mortar be used that has stood beyond
such limit of time as may be ordered by the Engineer.
No retempering of mortar will, under any circumstances,
be permitted.
In mixing mortar, the cement shall be measured as
packed in the casks received from the manufacturer, or
in other packages equivalent to casks, and the propor-
tions by volume shall be, for the various classes of work,
as specified below :
Brick masonry, i portion Portland Cement, 2 portions
sand.
Column footing stones, I portion Portland Cement, 2
portions sand.
Stone masonry, i portion Portland Cement, 2 J / 2 por-
tions sand.
Rubble masonry, i portion Natural Cement, 2 por-
tions sand.
Pointing, i portion Portland Cement, i portion sand.
Concrete masonry, as specified under the head of con-
crete.
For other classes of work, as directed by the Engineer.
Chap. II. Agree't for Const' n: Specifications. 83
9. CONCRETE.
The concrete shall be composed of sound, clean, How composed,
screened gravel or sound broken stone, or a mixture of
both, free from all dirt and dust, and mixed together with
the proportion of mortar specified below.
The broken stone or gravel used for concrete for the size of Stone
finishing- floor of the railway, must not exceed one ( I ) i_ n finishing
floor,
inch at their largest diameter.
For all other concrete the maximum diameter for Size of Stone
._ . , other concrete,
broken stone or gravel unless specifically permitted by
the Engineer must not exceed in any direction two (2)
inches, with a minimum diameter of one-quarter (*4) of
an inch.
In all concrete where the thickness is thirty (30) inches Rubble concrete,
or more, the Contractor may imbed in the same broken
pieces of sound stone whose greatest diameter does not
exceed twelve (12) inches, and whose least diameter or
thickness is not less than three-quarters ( 24 ) of the great-
est diameter. These stones shall be set by hand in the
concrete as the layers are being rammed, and so placed
that each stone is completely and perfectly bedded. No
two stones are to be within six (6) inches of each other
and no stones within four (4) inches of an exposed face.
The proportions of mortar and stone used in making Proportions of
. 1t concrete,
concrete shall be as follows :
Concrete in arches of roof and sidewalls, where the
thickness does not exceed 18 inches, one (i) portion
Portland cement, 2 portions sand, 4 portions stone.
Concrete in sidewalls or tunnel arches, where backing
is rock in place, i portion Portland cement, 2^ portions
sand and 5 portions stone.
Concrete in foundations in wet ground, where thick-
ness, exclusive of finishing floor concrete, does not ex-
ceed 24 inches, i portion Portland cement, 2 portions sand,
4 portions stone.
Concrete in foundations in wet ground where thickness,
exclusive of finishing floor concrete, exceeds 24 inches,
i portion Portland cement, 2.^/2 portions sand, 5 por-
tions stone.
Stone to be
wet.
To be laid
immediately.
To be allowed
to set.
Rock to be
cleaned.
How to join
new concrete
with old.
Molds.
84 Chap. II. Agree 't for Const' n: Specifications.
Concrete in foundations in dry ground, i portion Port-
land cement, 2 l / 2 portions sand, 5 portions stone.
Concrete in foundations where on rock, if not exceed-
ing 12 inches in thickness, i portion Portland cement, 2 l / 2
portions sand. 5 portions broken stone. If exceeding 12
inches, i portion Portland cement, 3 portions sand, 6
portions broken stone. (Nom If the rock is dry, Nat-
ural cement may be substituted for Portland cement in
above, but increasing the quantity of cement used thirtv
(30) per cent.).
Concrete in mass, such as retaining walls, or backing
of masonry retaining walls, in dry ground, i portion Nat-
ural cement, 2.y 2 portions sand, 5 portions stone. If such
retaining walls or backing are in wet ground, or subject
to extraordinary strain, then Portland cement shall be
substituted for Natural.
The broken stone or gravel shall be spread on a plat-
form sprinkled with water, and then thoroughly mixed
with the mortar in the proportions as specified above.
Machinery for the mixing of concrete may be used if
approved by the Engineer.
The concrete shall be laid immediately after mixing
and be thoroughly compacted throughout the mass by
ramming. The amount of water used in making the con-
crete shall be approved by the Engineer.
The concrete shall be allowed to set for twelve (12)
hours, or more, if 'so directed, before any work shall be
laid upon it ; and no walking over or working upon it
shall be allowed while it is setting.
Before laying concrete on rock surfaces the latter shall
be swept clean of the debris and dirt.
Whenever it becomes necessary to lay fresh concrete
next to or on top of concrete in which the mortar has
already set, the surface of the old concrete shall be well
washed and a thin layer of clear cement shall then be
spread over it immediately previous to the laying of the
fresh concrete.
Suitable molds shall be provided by the Contractor to
support the concrete while being rammed in the walls o:
Chap. II. Agree 't for Const' n: Specifications. 85
roofs. These molds shall be immediately replaced by new
ones as soon as they commence to lose their proper shape.
Before being used they shall be carefully cleaned of ce-
ment and dirt and shall present to the concrete on the sur-
face afterwards exposed to sight a perfectly smooth sur-
face, to be obtained by covering such portion of the molds
with sheet metal, or by carefully planing the wood and
coating the face of the same with black oil. In no case
on an exposed surface of the concrete must the joints of
any competent pieces of the mold, nor the grain of the
wood, be visible. The molds shall be set true to line,
firmly secured, and be so tight as not to allow water in
the mortar to escape. They shall remain in place until
the concrete is thoroughly set, and in the event of pressure
coming at once on the concrete, such additional time as the
Engineer may direct.
On removing the molds, if any voids or irregular con- Voids to be
nections with the steel framework are discovered, such filled '
defective work shall be cut out and filled with a rich con-
crete or mortar, in such proportion and in such manner as
the Engineer may direct.
10. BRICK MASONRY.
Bricks for all masonry, except where enamelled bricks Quality,
are specified, shall be of the best quality, hard burned
bricks, burned hard entirely through, regular and uniform
in shape and size and of compact texture. Special bricks
of pressed concrete or other equally durable material may
be used if approved by the Engineer.
Enamelled bricks or tiles will be accepted as "run of Enamelled
kiln," provided that no brick or tile shall go into the work bricks or tiles -
that is unsound, or has any defect that impairs its strength
or durability. Enamelled bricks or tiles will be carefully .
inspected and only "firsts" and "seconds" used in stations, seconds.
86 Chap. II. Agree' t for Const' n: Specifications.
Lower than
seconds.
Fine joints.
Bricks how laid.
Surfaces to be
scraped.
Bricks to be
culled.
Unfinished
work.
Special bricks.
Centers.
care being taken to so distribute them that only firsts
shall be laid in the most exposed places.
Enamelled bricks or tiles grading below seconds shall
be used in the lining of jack-arches over the railway at
the stations and in the lining of the sidewalks of the rail-
way for a distance of at least thirty (30) feet in both
directions from the ends of the platform.
Enamelled bricks or tiles must be laid by workmen es-
pecially skilled, with very fine joints and perfectly true
to line and surface.
All brick masonry shall be laid in mortar of the quality,
above described, except that in exposed locations coloring
matter may be added, if permitted by the Engineer. The
bricks shall be laid to line with joints in the face work
not exceeding one-quarter (^4) inch in the beds, and
three-eighths (^) inch on ends; the bricks to be thor-
oughly wet before laying and to be completely imbedded it.
mortar under the bottom and on the sides and ends ,nt
one operation, care being taken to have every joint full
of mortar.
All exterior surfaces shall be smooth and regular.
The inside faces of all arches and other exposed parts
shall have all the mortar scraped off within three (3) days
after the centres have been struck, and shall be pointed
and left in neat condition.
All bricks of whatever nature will be carefully culled
before laying, at the expense of the Contractor. No
"bats" shall be used except in large masses of brickwork,
where a moderate proportion, to be determined by the En-
gineer, shall be used, but nothing smaller than half bricks.
All unfinished work must be racked back or toothed,
as directed by the Engineer, and before new work is joined
to it the faces of the bricks in the old must be scraped en-
tirely clean, scrubbed with a stiff brush and be well moist-
ened.
Where necessary to make a neat joint in connection
with steel framework, or at corners, curves, or other sim-
ilar places, special bricks of proper shape shall be fur-
nished and used. All centres made to fit the curves of
Chap. II. Agree' t for Const' n: Specifications. 87
the work shall be made, put up and removed in a manner
satisfactory to the Engineer.
ii. STONE MASONRY.
Cut stone masonry will be used for footing stones of Where used,
columns, copings, ventilating openings, portals, and other
exposed surfaces where the line passes from tunnel to
viaduct and from viaduct to tunnel. Such masonry, ex-
cept as otherwise specified, shall be of granite, unless some
other durable stone is accepted by the Board.
All stone masonry in connection with portals, and ap- How finished,
preaches thereto, shall be left with a rock face, rough
pointed, or fine hammered, in accordance with the design
and the various positions in which the stones are placed.
The stones used in such work, or other exposed positions,
must be of uniform color, free from all seams, discolora-
tions, and other defects.
Footing stones for columns shall be of the dimensions Footing stones,
and shapes shown on the plans, shall be strong and free
from defects, and shall be set in Portland cement mortar.
Before being set the tops shall be rough-pointed without
chisel draft. The vertical sides shall be left quarry faced,
the portion of the top where the column base plate is to sit
dressed with pean hammers, and the bed brought to a
plane such that at no point will it be more than three-
quarters (24) of an inch from a straight edge laid across TO be set high.
in any direction. In case the contractor fails to set the
footing stones true to line and surface, then they shall be
set with their tops about one-eighth ( l /% ) of an inch above
the grade called for by the plans, and not less than two
(2) days after being set they shall have their tops dressed
with pean hammers, so as to form accurate seats for the
base plates of the columns. Holes shall be accurately Anchor bolt
drilled for anchor bolts, and filled with neat Portland ce- holes,
ment mortar after the bolts are set in place.
Chap. II. Agree' t for Const' n: Specifications.
Portals.
Retaining walls
in cuts.
Retaining walls
in fills.
Sizes of stone.
Backing of walls.
The masonry in the face walls of the portals shall be
of first-class rock-faced ashlar.
The retaining walls of open cuts adjacent to tunnel
portals shall be faced with good red face bricks for a
thickness of at least twelve (12) inches and backed with
concrete.
The retaining walls of the embankments in the Boule-
vard at 1 23d and I33d streets shall be faced with first
quality very hard face bricks of color approved by the
Engineer and divided into panels by cut stone pilasters
all resting on a granite sub-base.
The retaining walls of the embankment in Westchester
Avenue shall be faced with first quality very hard bricks
or first-class rock-faced ashlar of the quality as described
below. The retaining walls at Fort George shall be faced
with native stone ashlar.
The sizes of the stones and the depths of the courses
shall be according to the plans to be furnished by the
Board. All bed joints shall be truly horizontal and all
end joints truly vertical. The stones shall be accurately
squared, jointed and bedded over their whole surface and
laid with one-half (5/2) inch joints, except in the native
stone masonry where the joints shall not exceed three-
fourths (24) of an inch. The proportion of headers to
stretchers shall be as directed by the Engineer, but not
less than one (i) header to four (4) stretchers.
All retaining walls shall have a backing composed of
concrete or good range rubble, made of some sound stone,
acceptable to the Engineer, but all thoroughly bonded
with and tied to the face of the wall. If rubble be used,
the stones must be bedded in the same way as those in the
face, but not jointed, and must be well fitted to their
places, the interstices being filled with sound stones. If
concrete be used, the same shall be composed of materials
and mixed in the manner as specified in the clauses relat-
ing to concrete. It shall be built up in layers evenly
with the stone facing, particular care being taken to have
the concrete well rammed, and the headers so set that the
facing and backing shall be firmly bonded.
Chap. II. Agree't for Const' n: Specifications. 89
The walls shall be finished with suitable copings as per Coping stones,
plans to be furnished by the Board. These copings are to
be cut to exact dimensions, with all mouldings, angles and
arrises true, well defined and sharp.
The copings, except at Fort George, shall be surmount- Railings,
ed by a masonry wall at least six (6) feet in height. At
Fort George the coping shall be surmounted by an iron
hand-rail.
Refuge niches, archways and quoins, and other special Refuge niches.
parts, shall be finished in rough pointed work and with
stones of such dimensions as called for by the plans to be
furnished by the Board.
In rock faced work the arrises of the stones enclosing Rock face.
the rock face must be pitched to true lines, the face pro-
jections to be bold, and not exceeding three (3) inches
beyond the plane of the arrises. The angles of all walls Chisel drafts.
on structures having rock faces are to be defined by a
chisel draft not less than two (2) inches wide. In rough Roughpointing.
pointed work the stones shall at all points be full to the
true plane of the face, and at no point shall project beyond
one-quarter (^) of an inch, the arrises to be sharp and
well defined. Each stone to have its arrises well defined
by a chisel draft one and one-half (1^2) inches in width,
unless reduced by the Engineer.
In bush-hammered work the faces of the stones shall Bush hammer-
be brought to a true plane and fine dressed with a bush mg -
hammer having six (6) blades to the inch.
If directed by the Engineer all stone shall be sprinkled Stones to be
before being laid. sprinkled.
In case, during the progress of the work, any rubble or Rubble masonry,
other masonry of different class from that specified
above shall become necessary, or shall be desired by the
Board, the same shall be constructed according to the
specifications applicable to the best work of such class,
and according to the directions of the Engineer.
The pointing of the faces shall be thoroughly made Pointing mortar,
with Portland cement mortar, mixed in the proportion
of one portion of cement to one portion of sand.
90 Chap. II. Agree' t for Const'n: Specifications.
Joints to be
raked.
Freezing weather.
Natural cement
not to be used in
freezing weather.
Unless otherwise permitted, every joint to be raked out
within two days after being laid, to a depth of at least
two inches.
No pointing shall be done in freezing weather and all
masonry laid between December ist and April ist shall
not be pointed until permitted by the Engineer. During
freezing weather such masonry only will be built whose
construction cannot be postponed, in the judgment of the
Engineer, except at the cost of delaying the work. The
Contractor must provide salt, or appliances for heating
the water and steaming the building materials according
to the specific directions of the Engineer.
Natural cement will not be permitted to be used in
freezing weather. During such weather Portland cement
must be substituted in its place.
Protection during During hot weather all masonry, especially concrete,
hot weather. shall be kept wet by sprinkling and be covered until the
same has become hard enough to prevent drying and
cracking.
Defective
masonry.
Masonry,
definition of.
Any masonry which is found to be defective from any
cause at any time before the acceptance of the work must
be removed and properly rebuilt.
The word "masonry," where it occurs in these specifica-
tions, covers, unless otherwise specified, masonry of all
kinds, whether of concrete, brick or stone.
Percolation
water to be
prevented.
of
Preparation of
Eoundations.
12. WATERPROOFING.
It is the very essence of these specifications to secure a
railway structure where underground, which shall be en-
tirely free from the percolation of ground or outside water,
to which end construction shall be carried out as follows :
After the soil has been excavated to the required depth
and dressed off to a true grade as directed by the Engi-
neer, there shall be laid a bed of concrete of the propor-
tions as herein described, of such thickness as the local
conditions demand, in the judgment of the Engineer. On
Chap. II. Agree 't for Const' n: Specifications. 91
such bed, which shall be made as level and smooth as
possible on the top surface, there shall be spread a layer Layer of hot
of hot asphalt, and on such asphalt there shall be immedi- as phalt.
ately laid sheets or rolls of felt, all of the quality herein-
after described; another layer of hot asphalt shall be
spread over the felt ; another layer of felt laid, and so on Layer of felt,
until not less than two (2) such layers of felt nor more
than six (6) be laid with asphalt between each layer, and
below and on top. On top of the upper surface of asphalt
the remainder of the concrete as called for by the contract
drawings shall be put in place. In dry open soil the felt
in the floor concrete may be omitted, the base course of
concrete being- covered with one good layer of asphalt. Omission in dry
In rock excavation, where the same is dry and above foundations,
water level, both the felt and the asphalt in the floor may
be omitted.
When the I-beam columns of the side walls are set and Side wall
secured permanently in place, the concrete composing the construction,
sidewalks shall be rammed in place in such manner that
the back or outer face is flush with the outer flanges of
the columns. On such outer face hot asphalt shall be
brushed and felt spread in alternate layers, in the manner
as described for the foundations, and the backing of con-
crete then added as shown by the plans. Instead of con-
structing the side walls with the waterproofing as de-
scribed above, the contractor may build in dry, open soils, j n dry soils,
if permitted by the Engineer, and if no additional width
of excavation is required for sewers or other purposes, a
four (4) inch brick wall supported at the back by the
trench sheathing, laid in cement mortar or hot asphalt,
and at a distance of at least two (2) inches in the clear
from the line of the exterior faces of the side-wall beams,
and to attach to it the layers of waterproofing material as
described above, and then to ram around the beams and
against the waterproofing surface the concrete composing
the side walls. Under similar conditions in dry rock ex-
cavation, the rock may be excavated so that no projecting
point comes within three (3) inches of the line of the ex-
terior face of the side-wall beams and then the rough sur-
face shall be made smooth with a plaster of concrete, and
92 Chap. II. Agree 't for Const' n: Specifications.
Roof construction.
Continuous water-
proof envelope.
Asphalt, quality
of.
Chemical com-
position.
Coal tar pro-
hibited.
Felt, quality of.
on such smooth surface the waterproofing material shall
be spread, and then the concrete of the side walls rammed
against the same in the manner as described above.
The roof of the structure shall be treated in a similar
manner by finishing the jackarches to such a height as di-
rected by the Engineer, spreading the asphalt and felt in
alternate layers and then adding a cover of concrete, com-
pleting the roof as called for by the Contract Drawings.
By the arrangement above described there will be a
continuous sheet of asphalt and felt imbedded within the
concrete of the bottom, top and both sides, and completely
enveloping the structure.
The asphalt used shall be the best grade of Bermudez,
Alcatraz or lake asphalt, of equal quality, and shall com-
ply with the following requirements : The asphalt shall
be a natural asphalt or a mixture of natural asphalts, con-
taining in its refined state not less than ninety-five per
cent. (9$%) of natural bitumen soluble in rectified car-
bon bisulphide or in chloroform. The remaining ingredi-
ents shall be such as not to exert an injurious effect on
the work. Not less than two-thirds (2-3) of the total
bitumen shall be soluble in petroleum naphtha of 70
Baume or in Acetone. The asphalt shall not lose more
than four (4) per cent, of its weight when maintained for
ten (TO) hours at a temperature of 300 degrees Fahren-
heit.
The use of coal tar, so-called artificial asphalts, or other
products susceptible to injury from the action of water,
will not be permitted on any portion of the work, or in
any mixtures to be used.
The felt used in waterproofing such part of the struct-
ure as is below ground water level shall be composed of
asbestos or other equally non-perishable material dipped
in asphalt and weighing not less than ten ( 10) pounds to
the square of one hundred (100) feet. The felt used in
other parts of the structure shall be the same as the above,
or of the best quality of coal tar felt weighing not less
than fifteen (15) pounds to the square of one hundred
Chap. II. Agree' t for Const'n: Specifications. 93
(100) feet, except that if the latter be used, one layer
more will be required than of the former. All felt shall
be subject to the approval of the Engineer.
The surfaces to be waterproofed shall be smooth with- Surfaces to be
out projecting stones, or made smooth where necessary stnooth -
by a coating of mortar made of one portion Natural ce-
ment to one portion sand, and should be dry before the
asphalt is applied.
Means for artificially drying the surface of concrete Artificial
may be taken by the Contractor by blowing warm air over drying,
it, or as otherwise permitted by the Engineer, but not
until the concrete has had at least forty-eight (48) hours
to set.
Each layer of asphalt fluxed as directed by the Engi- No cracks or
neer must completely and entirely cover the surface on blow noles -
which it is spread without cracks or blowholes.
The felt must be rolled out into the asphalt while the Felt to be care-
latter is still hot, and pressed against it so as to insure its
being completely stuck to the asphalt over its entire sur-
face, great care being taken that all joints in the felt are
well broken, and that the ends of the rolls of the bottom
layer are carried up on the inside of the layers on the
sides, and those of the roof down on the outside of the
layers on the sides so as to secure a full lap of at least
three (3) feet. Especial care must be taken with this
detail.
None but competent men, especially skilled in work of Skilled men.
this kind, shall be employed to lay asphalt and felt.
When the finishing layer of concrete is laid over or next T P surface of
,, - . . ,. v A i asphalt not to
to the waterproofing material, care must be taken not lo b e broken.
break, tear or injure in any way the outer surface of the
asphalt.
The number of layers of felt on the sides and under Number of
the floor shall in no case be less than two (2) in ground la y ers of felt
that is quite dry, and where there is a water pressure
against the masonry equal to twelve (12) feet not less
than six (6) layers. Where the water pressure is less
than twelve (12) feet, or where the ground is damp, such
number of layers between three (3) and six (6) shall i;?
94 Chap. II. Agree 't for Const' n: Specifications.
Bricks
dipped in asphalt.
Asphaltic con-
crete.
Rolled and
compressed.
Waterproofing
when omitted.
Leaky masonry
to be rebuilt.
Railway to be
self-draining.
used as the Engineer may direct. The number of layers
of felt on the roof shall be not less than three (3) of as-
phalted asbestos or four (4) of tarred felt.
At any point where the Contract Drawings and the
Engineer permit, the Contractor may lay, instead of the
asphalt and felt above described, one or more courses of
bricks dipped in hot asphalt of the above described quality^,
and laid while the coating of asphalt is still hot.
In foundations the Contractor may lay, if it prefer, in-
stead of the ordinary concrete with the layer of water-
proofing material, as above described, a bed of asphaltic
concrete, composed of broken stone of the qualities pre-
viously described for concrete, heated in a suitable heater
to such proper temperature as the Engineer may direct,
and when so heated have added thereto the melted asphalt
of the quality as described above, and in such proportion
as to insure a covering of each particle of stone with as-
phalt, and the whole mass shall then be thoroughly mixed
and incorporated in a suitable mixer. Such asphaltic con-
crete shall be spread in place and thoroughly rolled and
compressed so that it will present a smooth, even surface,
that will be impervious to water. No asphalt shall be
heated to exceed a temperature of 325 degrees Fahrenheit.
In masonry lined structures where there is no steel
work and the ground is dry the regular waterproofing may
be omitted, but in that case in arched cut and cover work
the extra dos of. the arch shall be coated with hot asphalt
of the quality described or the best grade of refined Trini-
dad.
Any masonry that is found to leak at any time prior
to the completion of this work shall be cut out and the leak
stopped, if so ordered by the Engineer.
13. DRAINS AND PUMPS.
Every part of the railway, the stations and their appur-
tenances connected therewith, must be so arranged that
any water finding access thereto will be led away auto-
matically to the City sewers.
Chap. 11. Agree' I for Const' n: Specifications. 95
Where the underground portion of the railroad is on an Where floor may
inclined gradient, and is constructed in dry, porous soil, act as conduit
the floor of the railway may be depended on to act as a
conduit. At the bottom of the inclined gradient connec-
tions must be made with a sewer or with subdrains lying
beneath the railway and draining into the sewers.
Along such parts of the work where the soil is not Sub drains.
porous, or where the floor of the railway cannot, in the
judgment of the Engineer, be used as a conduit, there
shall be laid beneath the rail level and on a continuous
descending gradient, drain pipes of vitrified salt-glazed
stoneware, of the quality described in these specifications
for sewer pipe. Such drain pipe shall be of such diameter
not exceeding twelve (12) inches, as the Engineer may
direct, and there shall be one such drain for each two
tracks. Each drain shall be laid in the concrete or direct-
ly in the soil with tight or open joints, in such manner and
in such position as in the opinion of the Engineer local
circumstances require.
Where the railroad is costructed in rock excavation Rock excavation,
or in tunnel, drains formed of broken stone or tile and of drams m -
sufficient capacity, shall be set at every seam or fissure
bearing water, and elsewhere as directed by the Engineer.
1'hese drains shall be built outside of the sidewalls of the
railway, shall be connected with the main drains, and all
so arranged as to lead away into the sewers any water
that may find its way through the rock.
Where drain pipes connect with the city sewers, the Traps,
junction shall be protected by traps to prevent back rush
of water or gas from the sewers. Connections with the
railway shall be as necessity demands and all as directed
by the Engineer.
Whenever the grade of the railway passes below the Sump,
bottom of adjacent sewers there shall be constructed a
sump connected with the subdrains or the floor of the
railway. Such sump must be water tight with a capacity
of not less than eight hundred (800) gallons. At every
sump there must be an electric or other improved pump
96 Chap. II. Agree' t for Const 'n: Specifications.
Automatic pump, with a capacity of four hundred (400) gallons per min-
ute against a head of fifteen (15) feet. Such pump must
be arranged to work automatically. The delivery of such
pumps shall be into the city sewer? or elsewhere, as direct-
ed by the Engineer.
Medium and rivet
steel.
Open hearth.
Phosphorous
limits.
14. STEEL AND IRON.
The steel used in this work shall be of two grades,
medium steel and rivet steel. All steel shall be made by
the open-hearth process, and may be either acid or basic,
with the following maximum limits of phosphorus :
ACID. BASIC.
Medium steel 06% -04%
Rivet steel 06% .04%
No irregularities.
Melt number.
The finished work shall be perfect in all parts and free
from irregularities, surface imperfections of all kinds, and
piping. No deficiency in the cross-section or weight of
sections, as called for by the plans, exceeding two and
one-half (2^2) per cent., will be permitted.
The original melt number must be painted or stamped
on all ingots, blooms, billets, and slabs, in order to identify
the material throughout the various processes of manu-
facture, and the original melt number, together with the
furnace heat number, in case of eyebar flats, must be
stamped on each piece of finished material, except in the
case of rivet steel and small pieces not forming part of
the calculated sections and members, which may be
shipped in bundles wired together, with the melt number
on a metal tag: attached.
Sample bars. Two sample bars not more than two (2) inches wide,
having a sectional area of not less than one-half (^2)
square inch, shall be cut from the finished product of
every mett. When taken from metal more than two
inches thick, they may be turned round bars. Tests shall
Chap. II. Agree' t for Const' n: Specifications. 97
be made on these sample bars in their natural state, with-
out annealing. Measurements to determine elongation
shall be made on an original length of eight (8) inches.
When a melt is rolled into several classes of shapes, the
material of each class shall be separately tested, in which
event one sample bar for each class will suffice. The test
pieces when tested in a lever machine shall on an average
for each melt fulfill the following requirements :
Reduc- Requirements.
Ultimate Elastic Elonga- tion of
strength, limit, tion, area,
Ibs. Ibs. % %
Medium steel 58,000 to 66,000 33,000 20 44
Rivet steel, '50,000 to 58,000 28,000 27 54
The entire fracture shall be silky.
A piece of each sample bar, whose thickness is at least
five-sixteenths (5-16) of an inch, after being heated to n
cherry red, and cooled in water at a temperature of sev- g en( ji n g tests
enty (70) degrees Fahrenheit, shall be bent cold one hun-
dred and eighty (180) degrees and closed up against it-
self. In no case shall any crack appear until the diameter
of the circle around which the bar is bent becomes less
than the thickness of the bar.
In the case of rivet steel, the sample bar shall close up
against itself without showing any crack or flaw.
Punched holes pitched two (2) inches from a sheared Punching tests,
or rolled edge in a piece at least three-eighths (^) inch
thick, must stand drifting until their diameters are fifty
(50) per cent, greater than those of the original holes,
without signs of cracking in the plate.
Duplicate tests may be made when the test pieces pass Duplicate tests,
five (5) of the above-mentioned requirements, and the
chemical analysis. If the second tests pass all require-
ments the melting will be accepted.
All castings shall be made of tough gray iron which Cast iron,
shall exhibit a uniform and closely grained fracture free
from any white, mottled or vitreous appearance. It shall
be soft enough to be readily cut, drilled and chipped, and
98 Chap. II. Agree 't for Const' n: Specifications.
Tests.
Test bars.
Average of tests.
Cast steel,
annealed.
Test pieces.
Tests.
when struck on a corner or edge with a hammer, the metal
shall indent and not break off.
The metal must exhibit a tensile strength between eigh-
teen thousand (18,000) and twenty-four thousand
(24,000) pounds per square inch when measured on a test
specimen, from which the external coating or skin has
. been entirely removed by turning, planing or milling.
When tested in the rough state with the "skin" retained,
sample bars or castings having a uniform width
and depth of one (i) inch and a length of forty (40)
inches shall, when placed horizontally upon two sharp
edged supports thirty-six (36) inches apart, sustain at
their middle point a gradually applied load of seven hun-
dred and fifty (750) pounds, with a deflection at the cen-
tre of four-tenths (0.4) to six-tenths (0.6) of an inch.
The Contractor shall make, prepare and provide at least
two (2) of the said cross breaking test bars and the same
number of said tensile test bars from each charge or run-
ning of the metal actually used in the manufacture of any
castings for said work. Two of the test bars of each sec
shall be poured at the beginning and two at the end of
each charge or running. The tension bars shall be of
such size and form as may be required by the Engineer or
his representative. All such specimens are to be true
samples of the iron used in the castings made from said
charge or running. All test specimens are to be properly
numbered for reference.
In judging the suitability of the metal, the average of
these tests shall be considered as representing the strength
of the metal as required aforesaid.
All steel castings shall be annealed.
Every steel casting shall be made with a coupon for
testing, which coupon shall be cut off after annealing, and
the test shall be made from a three-quarter (4) inch
round cut from the coupon. The test piece shall show an
ultimate strength of at least seventy thousand (70,000)
pounds, an elastic limit of not less than thirty-five thou-
sand (35,000) pounds, an elongation of at least fifteen
Chap. II. Agree't for Const 3 n: Specifications. 99
(15) per cent, in two (2) inches, and a reduction of area
of twenty (20) per cent, at the point of fracture.
When the bearing surface of any steel casting is fin- Blowholes,
ished there shall be no blowhole visible exceeding one ( I )
inch in any direction, nor exceeding one-half (J^) inch
in area. The length of the blowholes gauged by any
straight line laid in any direction, shall never exceed one
(i) inch in one (i) foot.
All portions of the metal work exposed to view, espe- Neat finish,
daily at stations or on viaducts, shall be neatly finished,
pains being taken with any ornamental work to give it
an attractive and artistic appearance.
All rolled members shall be carefully straightened at the Shapes to be'
shop before assembling. straightened.
The nominal size of the rivets shown on the plans shall Rivets,
be understood to be the actual size of the cold rivets be-
fore heating. Rivets when driven must completely fill
the holes, have full heads concentric with the rivet holes,
and be machine driven wherever practicable, the machines
to be capable of retaining the applied pressure after the
upsetting is completed. The rivet heads must be fully
and neatly finished, of approved hemispherical shape, and
in full contact with the surface, or be countersunk or flat-
tened when so required, and of a uniform size for the
whole diameter of the rivet throughout the work, and
must bind the connecting pieces thoroughly together.
All loose or otherwise imperfect rivets must be cut out Imperfect rivets,
and replaced. No tightening of rivets by caulking or re-
cupping will be permitted.
Rivet holes must be accurately spaced. Accurate spacing
of holes.
The use of drift pins will be allowed only to bring to- Drift pins,
gether the several parts forming a member, and they must
not be driven with sufficient force to distort the metal
about the holes. .
If any hole has to be enlarged to admit the rivet, it Holes how
enlarged,
must be reamed.
ioo Chap. II. Agree' 't for Const' n: Specifications.
Rivet holes,
when punched.
Rivet holes
reamed 1-16
inch.
Rivet holes in
metal over 5/&
inch thick.
Reaming of
field rivets.
Rivet holes in the cross frames, lateral connections, col-
umns where the rivets are shop-driven, and such other
holes in the metal of the viaduct portion of the work not
exceeding five-eighths (^) of an inch in thickness, as the
Engineer may permit, and rivet holes in members com-
posing the frame of the underground structure, except
rivet holes for splices in the bottom flanges of roof beams,
may be made by a punch whose diameter is one-sixteenth
(1-16) of an inch greater than that of the rivets called for
by the plans.
All punched holes shall be free from torn or ragged
edges, sharp fins being trimmed off before rivetting.
Rivet holes in the viaduct work other than those speci-
fied above, and in splices and connecting splice plates of
the underground structure, as above mentioned, shall be
made by a punch whose diameter is not greater than that
of the rivets called for on the plans, and subsequently in-
creased by reaming to a diameter one-sixteenth (1-16)
inch greater than the rivets specified. Before this ream-
ing takes place, all the pieces to be rivetted shall be as-
sembled and bolted into position. After reaming, every
hole shall be entirely smooth, showing that the reaming
tool has everywhere touched the metal. Should such
reaming fail to produce a perfect match of cylindrical
holes, then the rivet holes must be made by a punch whose
diameter shall be one-eighth (^) of an inch less than the
specified rivets, and subsequently increased by reaming
three-sixteenths (3-16) of an inch. When required by
the Engineer a reamer shall be run on the outer edge of
holes so as to remove the sharp edges and make a fillet
of at least one-sixteenth (1-16) inch in width under the
rivet head.
Rivet holes in the flanges of important built up girders
whose thickness is over five-eighths (^) of an inch shall
be made by a punch whose diameter is one-eighth (^)
of an inch less than the specified rivets, and shall be sub-
sequently increased by reaming three-sixteenths (3-16)
of an inch.
All holes for field rivets, where reaming is called for by
the preceding paragraphs, shall be reamed to iron templets
Chap. II. Agree' t for Const' n: Specifications. 101
at least one (i) inch thick, or shall be reamed while the
connecting pieces are temporarily assembled either in shop
or in the field. If such work is done in the shop, the con-
necting parts must be matchmarked to insure similar po-
sitions in erecting.
All built-up members, when finished, must be true and Members to be
free from twists, kinks, buckles or bent joints between
component pieces. All abutting surfaces of compression Bearing surfaces
members, except flanges of plate girders, must be planed
or turned to even bearings, so that they shall be in perfect
contact.
All I-beam and built-up columns, after gusset plates Columns to be
are rivetted on, shall be faced top and bottom perpen-
dicularly to the axis and to exact length. The lug angles
shall then be set so as to produce an even bearing as de-
termined by a straight edge. If lug angles are not set
to give an even bearing, then the same shall be rivetted
on before facing, but such facing shall not reduce the
thickness of angles more than one-sixteenth (1-16) inch.
The base and capplates must also be true to surface.
Web-plates must not project beyond the flange angles, Web Pi ates -
nor be more than one-quarter (J4) of an inch from the
same. The web stiffeners of the plate girders shall in all
cases form a close bearing against the flange angle.
The ends of all stringers, and longitudinal and abutting ^"ders^be" 1 "*
girders, shall be faced true and square or to exact bevel, faced.
as called for by the plans. The header angles shall be
so accurately fitted that when the ends of the stringers
or girders are faced to the figured length, the amount
of metal removed shall not reduce the thickness of the
ends of the header angles by more than one-sixteenth
(1-16) inch, while securing a true surface on the whole
width of the connection.
The abutting ends of the beams in the roof of the under- Beam ends,
ground portion of the work must either be faced or cold
sawed so smooth, true, square and perfectly perpendicular
to the longitudinal axis of the beams that joints will be
tight and give full bearing of beam ends.
All plates thirty-six (36) inches and less in width shall Universal mill
have universal mill rolled or planed edges.
102 Chap. II. Agree 't for Const' n: Specifications.
Turned bolts.
Anchor holes.
U. S. standard
threads.
Machined sur-
faces coated.
Steel to be care-
fully handled.
Steel not to be
worked cold.
Annealing.
Damage in trans-
portation to be
avoided.
Injured pieces to
be rejected.
When members are connected by bolts which transmit
sheering stresses, the holes must be reamed parallel and
the bolts have a driving fit.
All anchor bolts are to be of soft steel with cold pressed
or rolled members and so made that when tested to de-
struction, the threaded portion of the bolts will develope
greater strength than the unthreaded portions of the same.
All threads and nuts, unless otherwise ordered, shall b:
of the United States standard.
All machined surfaces shall be coated with white lead
and tallow.
Great care must be taken in handling steel. Straighten-
ing after punching must be conducted so as to reduce the
risk of cracking to the minimum.
Steel sections must not be hammered cold or worked
at a black heat. When any part of the steel piece in
which the full strength is required has to be heated for
working, the whole shall be afterwards annealed.
All parts shall be loaded for shipment from the shops,
so as to avoid injury in transportation. In shipping or
handling at any time, every care shall be taken to avoid
bending or straining the pieces, or damaging the paint.
All pieces bent or otherwise injured will be rejected.
Metal to be
cleaned.
Kind of paint.
After erection.
15. PAINTING.
The metal work before leaving the shop shall be thor-
oughly cleaned and have all loose rust and scale removed
to the satisfaction of the Engineer, and be given one (i)
coat of either pure red lead and pure boiled linseed oil,
mixed in the proportion of twenty (20) pounds of red lead
to a gallon of paint, or one coat of such other paint as
may be approved by the Engineer. After erection the
metal work shall be cleaned from dirt or other objection-
able matter that may be found thereon, and then thorough-
ly and evenly painted with two (2) additional coats of
paint of a kind and color to be approved by the Engineer.
Chap. 'II. Agree 't for Const' n: Specifications. 103
In the case of members buried in concrete, the third coat
may be omitted, if permitted by the Engineer, and pro-
vided that any damage to the first coat is thoroughly re-
paired before the application of the second.
Surfaces of built-up members in contact, or inaccessible Surfaces in con-
after assembling, shall be cleaned before assembling, and tact to be P ainted -
shall be painted with one (i) heavy coat of red lead or
such other paint as the Engineer may permit. The parts
shall be at once assembled for riveting, but while the
paint is -still fresh.
All recesses that might contain water, or through which Recesses to be
water could enter, must be filled with thick paint or a
waterproof cement of ground skins before receiving final
painting.
All surfaces so close together as to prevent the insertion Use of cloth,
of a brush, must be painted thoroughly by using a piece
of cloth.
All three (3) coats of paint applied to the metal work Coats of different
must be of distinctly different colors or shades, and the
previous coat must be thoroughly dry before the next one
is put on.
All materials for painting shall be subject to the closest Inspection and
,.. ,- analysis,
inspection and chemical analysis, and the detection of any
inferior quality of material, or adulterant, shall involve
the rejection of all such material and the scraping aiul
repainting of such portions of the work which were paint-
ed with it.
The mixing and application of paint and the preparation
of the surface before the application of the paint, will be
subject to the closest scrutiny.
No painting in rainy or freezing weather shall be done NO painting in
without the approval of the Engineer. wiSher freezing
The surface of the concrete and brick walls, and roof Walls and roof,
arches, shall be white plastered, or shall be painted with
three (3) coats of light color, to the satisfaction of the
Engineer. This paint may be spread on by machinery.
The final coat of paint at stations shall contain such Cork Paint,
a proportion of granulated cork as shall be directed by
the Engineer.
104 Chap. II. Agree 't for Const' n: Specifications.
Track under-
ground.
Tracks on
viaducts.
Rail section.
Length of rails.
16. TRACK.
The track shall be laid of the best materials and to the
standard and in the manner best calculated to make a
track on which trains can be run at the highest attainable
speeds with the minimum of jar and noise.
In the underground portions of the railway the track
shall consist of rails laid on a continuous bearing of wood-
en blocks, the grain of which is to be transverse to the
length of the rail. The blocks are to be held in place by
guard rails secured to metal cross ties imbedded in con-
crete. The method of procedure shall be to set the cross
ties accurately to grade and support them by blocking
until the concrete composing the finishing floor can be
rammed into place and has set. This concrete must be
brought to a true surface, to exact grade, and flush with
the tops of the cross ties as tested by a level and straight
edge. On this foundation there will be laid and secured
the guard rails, wooden blocking and track rails, as shown
by the plans and according to the directions of the En-
gineer.
The track on viaducts shall consist of rails laid on cross-
ties with wooden guard timbers, in the manner as de-
scribed hereafter.
The section of the rail rolled shall conform to the sec-
tion adopted as standard by the American Society of
Civil Engineers, a templet of which will be furnished by
the Board. The weight of the rail per linear yard shall
be not less than eighty (80) pounds. No variation in
height exceeding one-sixty-fourth (1-64) inch from the
standard section will be permitted, and the fit of the fish-
ing or male templet shall be maintained perfect.
The standard length of rails shall be not less than thirty
(30) feet. Rails of shorter length will be accepted to the
extent of ten per cent. (10%) of the order, but no rail
less than twenty-six (26) feet in length will be accepted
as No. i quality.
Chap. II. Agree 't for Const 'n: Specifications. 105
The rails shall be No. I rails, except as hereinafter No. i quality.
otherwise permitted, and free from all mechanical defects
and flaws. They shall be sawed square at the ends, and
the burrs made by the saws carefully filed off, showing
clean surfaces on the faces of the web and head of the
rail.
The rails shall be smooth on the head, and straight in Rails to be smooth
all directions of surface and line, without any twist, waves an
or kinks ; particular attention being given .to have the
ends of the rails without kinks or drops.
Rails must not be overcambered to cool. Not over-cam-
bered.
Cold straightening of the rails by "gagging" sufficient
to leave distinct marks of the "gag" on the head of the
rail, will not be allowed.
If required by the Engineer, holes shall be drilled in the Joint holes,
web for plate joints or fastenings in such manner and of
such size and spacing as he shall direct. All holes must
be^accurate in every respect and finished without burrs.
The number of the charge and the name of the maker, Marks,
and the month and year of manufacture, shall be marked
in plain figures and letters on the side of the web of the
rail.
The chemical composition of the rails will be left to the Chemical
railmaker's judgment, except composition.
Carbon must not be less than .55% nor exceed .6$%. .
Phosphorus must not exceed .085% ;
Sulphur must not exceed .07% ;
Silicon must not be less than .10%.
While the heat is being cast, two (2) test ingots shall Test ingots,
be made; the first from steel going into the first regular
ingot; the other from metal representing the last one.
These test ingots shall be three (3) by three (3) inches,
and not less than four (4) inches long. From these in-
gots, bars at least one-half ( l / 2 } inch square shall be
drawn at one heat by hammering. Each bar when cold
shall be bent, without breaking, to not less than a right
angle. Should one (i) bar from a heat fail and the other
stand the test, a third bar may be taken from a bloom
106 Chap. II. Agree 't for Const'n: Specifications.
Breaking tests.
Ingots, treat-
ment of.
Bled ingots.
No. 2 rails.
No. 2 rails,
quality of.
rolled from the ingot represented by the failed one. If
this stand the test it shall be accepted in lieu of the failed
one. If the makers choose, more than two (2) test ingots
shall be taken, but they must be from the steel of the first
and last regular ingots. If this be done and a test bar
fail, another one may be drawn from the duplicate ingot
and tested, and if it stands be accepted.
A rail-butt from each conversion shall be placed either
head or base upwards on solid steel or iron supports, the
distance apart of which, in the clear, shall be four (4)
feet ; and upon it shall be dropped a weight of two thou-
sand (2,000) pounds falling freely from a height of twen-
ty ( 20) feet. Should a test fail to stand the drop without
breaking, a second one may be made. If it also fails, all
rails made from that heat shall be rejected ; but if the sec-
ond test stands, then a third one shall be made, and if
this be successful, the rails of that conversion shal be
accepted.
The treatment of the steel while being cast into ingots
and the treatment of the ingots and blooms, shall be "ac-
cording to the latest practice of stel makers. The top
end of each ingot shall be cut off sufficiently to show solid
steel. After the ingots are cast they shall be kept in an
upright position either until ready to be rolled, or until
the interior steel has had time to solidify.
No "bled" ingots, or ingots from chilled or badly teemed
heats, shall be used. In reheating blooms, care shall be
taken not to overheat them.
No. 2 rails will not be accepted without the distinct
permission of the Engineer. Such rails shall be laid only
in storage tracks in terminal yards.
In order that the rails may be accepted as No. 2 rails,
they must conform to the specifications for No. I rails, ex-
cept that they will be accepted in lengths not less than
twenty-two and a half (22^2) feet, with a flaw in the head
not exceeding one-quarter (*4) inch and flaws in the
flanges not exceeding one-half (^) inch in depth, and
may be made from imperfectly poured ingots.
Chap. II. Agree 't for Const' n: Specifications. 107
No. 2 rails must be distinctly marked, as directed by the To be distinctly
Engineer, before leaving the shops, so that on no account marked -
may they be mistaken for No. I rails.
The rail-maker shall supply, without cost to the Engi- Test facilities to
neer, the requisite facilities for inspection and test, and be furnished by
shall furnish a carbon analysis of each heat and such other
analyses as the Engineer may require. Should the in-
spector reject any rails of a heat that show imperfect or
improper handling of the metal, all rails of that heat shall
be rejected.
At any time before shipment, the Engineer or his duly Rejection,
authorized inspector shall have the power to reject any
material or finished pieces that, in his judgment, do not
comply with the specifications, or which in material or
workmanship are not first class in every respect.
In loading rails or unloading them from the cars, or Handling of rails,
in handling them at any other time up to and including
the actual laying, care must be taken not to bruise them
or drop them from a height, or to let them fall upon each
other.
The rails shall be laid truly to exact line, and so that Rail laying,
the distance between the inside faces on tangents shall be .
four (4) feet eight (8) and one-half (J^) inches, and on
curves such additional width as the degree of curvature Gauge,
shall require. The rails of the track of curves, whether in
tunnel or on viaduct, shall be bent previously to laying by
an approved rail bender, to correspond exactly with the Rail bender,
curvature of the line. No springing of rails to curve will
be permitted.
All cutting of rails to close at switches, frogs, or else- Cutting of rails,
where, shall be done with a saw.
The rail surface must be exactly true longitudinally, Rails level trans-
and both rails of the same track shall be set so that their ver
tops are on the same level, transversely, except on curves,
where the outer rail must be set at a higher elevation than
the inner rail, the amount of such super-elevation depend- Superelevation,
ing on the degree of curvature and the location and situa-
tion of curves as governing the speed of trains at such
point, and obtained by sloping the concrete floor or by
io8 Chap. II. Agree' t for Const' n: Specifications.
Broken joints.
Metal shims.
Joint.
No unevenness.
Skilled workmen.
Wooden bearing
blocks.
Wooden cross
ties.
Spacing.
varying the thickness of the bearing blocks, or by both, as
directed by the Engineer. The. amount of such super-
elevation for each case will be furnished by the Engineer,
Rails shall .always belaid with broken joints; that is,
the joints in one line of rails are to be opposite the centres
of the other line of rails in the same track; and on via-
ducts the joints in the rails in each track are to be oppo-
site the corresponding quarters of rails in the adjoining
track.
Where rails are laid with fished joints, iron shims of
thickness depending on the temperature when laying, and
as ordered by the Engineer, shall be used ; and while lay-
ing, at least the last three (3) consecutive shims must re-
main in position.
The joint used shall be approved by the Engineer.
No burr, projection or unevenness will be permitted on
the top or on the gauge side of the head.
All lining, gauging, levelling, spiking, bolting and
other work in connection with the laying of the track,
must be done by specially skilled workmen in a manner
entirely satisfactory to the Engineer.
The wooden bearing blocks on which the rails in tunnel
shall rest, shall be sound, white oak, or long-leafed yellow
pine. They are to be on tangents four (4) inches deep
and on curves such other depth and taper as required by
the superelevation. They are to be twelve (12) inches
long, and eight (8), ten (10) or twelve (12) inches in
width. All dimensions shall be exact and the faces shall
be dressed on the top and bottom in order to get an even
bearing.
The cross ties on viaducts shall be of long-leafed yellow
pine, dressed on all sides to the specified dimensions. On
tangents they shall be seven (7) inches deep, eight (8")
inches face, and eight (8) feet long, and on curves such
additional depth as to permit their being tapered to fit the
superelevation.
Ties must be accurately spaced eighteen (18) inches
centre to centre and laid at exact right angles to the line
of track, and so that the projecting ends shall form a line
Chap. II. Agree' t for Const 'n: Specifications. 109
on both sides parallel to the centre line of the track. Their
top surfaces must form a true plane, as tested by a
straight edge fifteen (15) feet long. In order to comply
with this requirement ties must be sized on their under sizing for irregu-
side to fit or overcome any cover plate or other irregular- larities.
ity, and holes must be bored one and three-quarters ( i % )
inches diameter and not exceeding three-quarters (4)
of an inch deep, to permit ties to rest over rivet heads
where the same exist.
On every tie and in the proper place beneath the rail Tieplates.
seat, there must be set a tieplate having ribs running long-
itudinally with the cross tie. Such tieplates must be
pressed into position, if required by the Engineer, before
the rails are laid.
Each tie, where resting on the top flange of longitudinal Held by hook
girders, shall be held to the flange of the same by hook
bolts with nut-locks.
Every third tie shall be of such additional length as to Foot walk,
permit a footwalk three (3) feet wide as measured from
the side of the car, to be laid by means of longitudinal
planks, and protected on the outside by a hand rail of pat-
tern to be approved by the Board.
Guard rails shall be laid the whole length of each track Guard rails,
and on both sides of the rail. In the under ground work
these guard rails shall be of steel in the shape of bulb an-
gles or such other form as may be permitted by the En-
gineer. On viaducts they shall be of long leafed yellow
pine timber, six (6) inches wide, eight (8) inches deep
outside of the rails, and six (6) inches deep inside of the
rails, and about thirty (30) feet long. Each pair of out-
side or inside guard rails shall be secured to alternate ties
by three-quarter (^4) inch bolts, and the outside guard
rails shall be notched one (i) inch over the ties. The
joints between connecting timbers shall be made by a lap
joint at least eighteen (18) inches long and a close fit.
On the inside of sharp curves wooden guard rails may be -
omitted and a guard rail consisting of track rail laid in
place. The flange of such rail shall be planed off to per-
mit the guard rail to be set against the track rail. Guar-!
Timber,
quality of.
Preserved.
Frogs and
switches.
Fastenings.
Timber, framing
of.
no Chap. II. Agree 't for Const'n: Specifications.
rails shall be set at such a distance from the track rails as
may be directed by the Engineer.
All timber used in connection with the track shall be
thoroughly sound and free from sap, shakes, decay, or any
other defects which, in the judgment of the Engineer,
might impair its strength, durability or serviceability for
the special uses intended, and after being dressed to the
dimensions required shall be preserved against decay by
some process satisfactory to the Engineer.
All frogs, switches and other appurtenances of a similar
nature, must be of such design as to give an unbroken
or continuous bearing on the main track rails, and all
such devices must receive the approval of the Engineer
before being laid. All switches, as far as practicable,
shall be laid trailing.
All angle bars, bolts and nuts, washers, nutlocks, hook
bolts, spikes, and other material used in connection with
the track, shall be according to the plans issued by the
Board or as may be approved by the Engineer.
All framing of timber must be neatly done. Holes
must be bored truly, and recessed holes such as for wash-
ers or rivet heads, are to be bored with augurs with stop
guages. The size of augurs used, as a general thing, to
be only large enough to permit the bolt to pass the hole
easily.
General clauses to
govern.
17. SEWERS.
Sewers and appurtenances are to be built of the ma-
terials, sizes and dimensions, on the lines and in the man-
ner shown by Contract Drawings Numbers B i. to B 46.
The general clauses in these specifications relating to
excavation, both in open trench and tunnel; backfilling;
cement ; mortar ; masonry ; piling ; timber work of all
kinds ; care of streets and public places, maintenance of
surface and sub-surface structures ; protection of persons
Chap. II. Agree 't for Const' n: Specifications, in
and neighboring property; repaying or restoring of the
surface of the street or other public places ; responsibility
of the Contractor ; authority of the Engineer to examine
and condemn materials ; and the power of the Board and
the Engineer in all or any other respects to enforce this
contract, apply to the construction and reconstruction of
sewers, water mains or pavements, unless specifically
amended or exempted below, both along the route occu-
pied by the railway and elsewhere.
All necessary bull's eyes or spurs for connection of Spurs.
branch sewers, whether of brick or pipe, are to be built in
the proposed sewer at the points indicated on the Contract
Drawings, and at other points as the Engineer may direct.
All the mason work throughout, whether of brick or All masonry
stone, will be laid in cement mortar, made and laid as cemen
described in these specifications, except when otherwise
ordered in writing by the Engineer.
All the trenches, while the foundations are being laid Excavation to be
and the masonary being constructed, must be kept entirely f re e e e ^ ^atef 6 **
free from water at the Contractor's expense, and the sides
of the excavations must in all cases be strongly and thor-
oughly sheeted and shored.
If it should be found upon excavating, that the proposed Existing sewer to
sewers, culverts or receiving basins would follow the line
or occupy the place of any existing sewer, culvert, drain
or water pipe, the Contractor shall, if the Engineer so di-
rects, remove such sewer, culvert, drain or water pipe and
rebuild and relay the same in such place and in such
manner as the said Engineer shall direct, and if in the
opinion of the Chief Engineer of the Department of Water
Supply, it be necessary to temporarily remove and relay
any water pipe, the same shall be done by the Contractor
or by the said Chief Engineer, and the expense thereof
shall be borne by the Contractor ; and all existing sewers,
culverts, drains and house connections intercepted by the
proposed sewers, culverts or receiving basins, shall be con-
nected, with the new work in such manner as the Engineer
ii2 Chap. II. Agree' t for Const 'n: Sp educations.
shall direct; and all sewers, drains, basins, or culverts ren-
dered unnecessary, or becoming disused by the construc-
tion of the work herein contemplated, must be filled in and
made solid, in the manner directed, with good, wholesome
earth.
Allowance of time
for delays.
Should postponement or delay be occasioned by the
precedence of paving or other contracts, which may be
either let or executed by the Department of Highways
before or after the execution of this contract, on the line
of the work, no claims for damages therefor shall be made
or allowed; nor shall any claim for damages be made or
allowed in consequence of the street or the adjoining
sewers not being in the condition contemplated by the
parties at the time of making the contract, except that
if the Contractor shall be delayed in the performance of
his work by reason of the street or the adjoining sewers
not being in such condition, an allowance of time shall
be given in the completion of the work equal to the delay
so occasioned.
Connections
present sewers.
Trenches.
Trenches, di-
mension of.
The connections with the present sewers are to be made
in a workmanlike manner. Wherever the proposed sew-
ers connect with manholes into which pipes of unsuitable
size for such connections have been inserted, the same
shall be carefully taken out and new connections made
without injuring the manholes. The ends of all sewers,
branches and spurs to be securely closed with brick ma-
sonry of approved stoneware covers.
The ground shall be excavated in open trenches to the
necessary width and depth, or as directed by the Engi-
neer.
The trenches for sewers in streets other than the route
of the railroad, shall be one (i) foot wider on each side
than the sewers intended to be laid in them, at the point
of the greatest external diameter, and the bottom of the
trenches shall be excavated to the exact form and size of
the lower half of the sewers, or as the contract drawings
call for, unless otherwise ordered by the Engineer.
Chap. II. Agree't for Const 'n: Specifications. 113
No tunnelling will be allowed except by special consent No tunneling.
of the Board and according to the method approved by the
Engineer.
The sides of the excavation shall be supported by suit- Shoring,
able planking and shoring wherever necessary ; and in all
cases the same are to be drawn as the work progresses,
unless otherwise ordered.
All irregularities in the bottom of the trenches shall be Foundations to be
filled up to the required level with gravel or clean sand, made g od -
firmly rammed in ; and where the ground does not afford a
sufficiently solid foundation the Contractor shall excavate
the trench to such increased depth as the Engineer may
decide to be necessary, and shall then bring it up to the
required level and form with such material and in such
manner as the Engineer shall determine.
The material excavated from the trench in streets other Passageway to
than the route of the railway, for the first one hundred ^ left clear -
(100) feet in length, shall be carted away by the Con-
tractor as soon as excavated, and the material subsequent-
ly excavated shall be used to fill in the trench where the
sewer has been built. This is done so as to insure that
there shall be no surplus material lying on the line of the
street at any time during the construction of said sewer.
Any extra material required for filling at the completion
of the work shall be procured by the Contractor, and at
all times the streets and sidewalks shall be kept open and
free for the passage of carts, wagons, carriages and street
or steam railroad cars, or pedestrians, unless when other-
wise authorized by special permission of the Board.
No more than two hundred (200) feet of trench off the Length of
line of the railroad shall be opened at any one time in ad- trencn to be
opened,
vance of the complete building of the sewer, unless by
permission of the Board, and for the distance therein
specified.
On the completion of each section of one hundred (100) Surplus material
feet of sewer the regrading and repaving over the same t
shall be done and completed, and all surplus earth, sand
and rubbish on that section shall be immediately removed.
ii4 Chap. 11. Agree 't for Const' n: Specifications.
Quicksand.
Drains, etc.,
interrupted.
Rock excavation,
dimensions of.
When the sewer
exceeds ten feet
in width.
Should the Contractor fail to comply with the foregoing
clause, after twenty-four (24) hours' notice in writing by
the Engineer, the same may be done at his expense and
the cost thereof deducted from his next payment.
When running sand, quicksand, or bad or treacherous
ground is encountered, the work shall be carried on with
the utmost vigor, and shall be proceeded with day and
night, should the Board so require.
The Contractor shall provide for the flow of all sewers,
drains and water-courses interrupted during the progress
of the work, and shall restore and make good all connec-
tions, and shall immediately cart away and remove all of-
fensive matter, in such manner and with such precaution.^
as may be directed by the Engineer.
All excavations for culverts and receiving basins in
earth are subject to these specifications for trenches.
When rock is to be excavated, it shall be fully taken
out twenty (20) feet in advance of the laying of the sewer,
and six (6) inches below the grade of the outer bottom of
the sewer, and, except when concrete or cement is used
under the sewer, the trench then filled up to the level of
that grade with clean, sharp sand, thoroughly rammed
and made solid. The trench at the point of the sewer's
greatest external diameter shall be one { i ) foot wider on
each side than the sewer intended to be laid in it, provided
that the trench shall in no case be of less width than four
(4) feet six (6) inches, and from this point to the bottom
of the trench the sides shall be vertical ; and from the same
point the sides of the trench shall be sloped upward in the
proportion of three (3) inches horizontal to one (i) foot
vertical, and so continued until the trench has a width of
twelve (12) feet; thence to the surface the sides are to
bee carried up vertically, and at a width of twelve
(12) feet. In case the width of the sewer exceeds
ten ( 10) feet the trench shall be excavated one ( i ) foot
wider on each side than the greatest width of the sewer,
and the sides of the trench shall be carried up vertically at
that width to the surface.
Chap. II. A greet for Const' n: Specifications. 115
After the sewer with its required foundations is laid or
built, the trench shall be backfilled, and the filling care-
fully packed and rammed under and around the sewer by
trusty persons with proper tools. The refilling of the Refilling,
trenches shall be done in layers not exceeding four (4)
inches thick in the loose, and the earth used is not to be
dumped in piles, but is to be spread evenly at that thick- Thickness of
ness, and then compressed by iron tampers. The number ayei
of men using tamping irons shall be in the proportion of
four (4) tampers to one (i) shoveller. If directed by the
Engineer the filling shall be flushed with water before
tamping. No stone over three inches in diameter will be
allowed in refilling. No retaining walls for the refilling
will be allowed in the trenches over the sewers, whethev
for temporary use or otherwise.
The refilling in all cases shall be of good, clean earth, Kind of earth
sand or gravel, free from stones above three inches in l
diameter, and not containing in any part or place a pro-
portion of stones below that size exceeding one (i) part
of stone to three (3) parts of earth. For a height of at
least one and a half (1^2) feet above the top of all pipe
sewers the material shall be entirely free from stones.
Where pipe sewers are used special precaution will be Where pipe
required. The earth must be carefully laid in so as not to sg wers are used,
disturb them, and tamped and solidly rammed down under
and around the pipes, with proper tools made for this pur-
pose. The trench shall then be filled by layers, as above
described, and the first layers to a point at least nine (9)
inches above the top of the pipe shall be carefully thrown
in with shovels, and not from barrows or carts. In all
cases of rock excavation clean, wholesome earth must be
provided and refilled in the manner above described for a
height of at least fifteen (15) inches above the top of the
pipe.
As the trenches are filled in and the work completed, the R emov al of sur-
Contractor shall cart away or remove all surplus earth, plus material,
stone and other material from the ground, or to such
places on the line of the work as the Engineer shall direct.
n6 Chap. II. Agree 't for Const' n: Specifications.
and leave all roads and places free, clear and in good or-
der ; and in case this is neglected, he will be allowed only
twenty-four (24) hours to remove the same, after a writ-
ten notice of his failure or neglect.
Quality of bricks. In the construction of brick masonry, none but the best
quality of whole North River bricks, burned hard entirely
through, will be used ; they shall be equal to the sample to
be seen in the office of the Engineer of the Department of
Sewers and are to be culled as they are brought on the
ground, and all bats and all bricks of improper quality are
to be immediatelv removed from the work.
Bricks to be wet The bricks .are to be thoroughly wet by immersion im-
b 6 .*? 1 ! 6 J a X'? g , an( ! mediately before laying. Every brick is required to be
laid in full beds of .... .....
mor tar. aid m a full joint mortar, made as described in these
specifications, on its beds, ends and sides, at one operation.
In no case is mortar to be slushed or grouted in afterward.
The bricks are to be neatly and truly laid, every second
course by line, and the joints to be carefully struck on the
inside, and the sewer is to be coated on the outside with
Natural cement mortar one (i) inch in thickness, mixed
in the proportion one (i) cement to one ( i) sand.
Courses racked
back.
All brick work, as it progresses, must be racked back in
courses, and in no case will it be allowed to be toothed,
unless by special permission in writing from the Engineer.
Inverts.
All inverts, or bottom curves, are to be worked from
profiles accurately made according to the dimensions of
the sewer, and correctly set according to the grades fur-
nished. The same shall be allowed to set for twenty-four
(24) hours before the arch is turned. Vitrified stoneware
inverts will be used when required by the plan of the work,
and whenever so used they must be thoroughly jointed so
as to be water-tight along the inner surface of the sewer,
in such manner as the Engineer shall direct ; and when
required by the Engineer the internal space of the invert
Chap. II. Agree' t for Const 'n: Specifications. 117
blocks is to be solidly filled with concrete made as de-
scribed in these specifications and well rammed in as each
invert block is laid.
The upper curves of arches to be formed on strong Centres,
centres of correct form and dimensions, according to the
sizes and shapes required. The crown is to be keyed up Crown of the
with stretchers, in full joints of mortar. The centres shall a
not be removed or withdrawn in less than thirty-six (36)
hours, and until the work is thoroughly set and the filling
of earth is properly put into place a depth which is at
least one ( i ) foot above the crown of the arch. The cen-
tres shall then be drawn or struck with care, so as not
to crack or injure the work.
All fresh work must be carefully protected from injury Fresh work to be
in any way. No wheeling or walking on it will be al- prc
lowed, and any portion injured must be relaid by the Con-
tractor.
Unless otherwise permitted, vitrified sewer pipes or Vitrified sewer
spurs, with heels moulded thereon for house connections, e P built in^he t0
and equal in every respect to those described in these speci- wall,
fications, and of not less than six (6) inches interior diam-
eter, and of sufficient length to project at least four (4)
inches beyond their exterior, are to be worked into the
walls of brick or pipe sewers at an angle of about forty -
five (45) degrees, and in the direction of the flow of the
current. They are to be built in wherever similar house Where and how
connections exist in the present sewer which is to be re- built -
constructed under this contract. In the case of the con-
struction of new sewers where no sewers existed previous-
ly, except sewers under public parks or crossing intersect-
ing streets they are to be built in opposite each house, and
where there are no houses, at an average distance apart of
seven and one-half (7^) feet opposite all lot fronts ; they
are to be so set that their inner ends will be flush with the
inner face of the sewer, which end must be moulded or
trimmed to the same curve. They are to be set at such
height in the walls as the Engineer may direct, and each
pipe or spur is to be closed outside by inserting an earthen-
ware cover made for the purpose.
Mortar.
Cement, its quality
and test.
118 Chap. II. Agree' t for Const' n: Specifications.
All pipe branches for lateral sewers are to be similarly
furnished and built in where required.
All mortar is to be composed of one ( i ) part of fresh-
ground natural hydraulic cement, of the best quality, ami
two (2) parts of clean, sharp sand, entirely free from
loam. It is to be carefully and thoroughly mixed dry, and
a sufficient quantity of water is to be afterwards added to
make it of proper consistency. No mortar of improper
quality will be allowed to be used in the work.
All cement furnished by the Contractor will be subject
to inspection and test before it is used. Natural cement
shall, when mixed, be capable of resisting a tensile strain
of fifty (50), and Portland cement one hundred and sixty
(160) pounds per square inch, after thirty (30) minutes
exposure in air and twenty- four (24) hours immersion in
water.
When necessary, in the opinion of the Engineer, cement
alone, without any admixture of sand, will be used.
Where concrete is required it shall be composed of one
(i) part cement, two (2) of sand, mixed into mortar as
specified above, excepting that in mixing mortar for con-
crete less water shall be used than in mixing mortar for
brickwork, and five (5) parts of clean, broken stone, free
from dust or dirt, and broken so as to pass in every way
through a one (i) inch ring. It shall be quickly and
thoroughly mixed in a box made for that purpose, and de-
posited in layers of not less than four (4) nor more than
nine (9) inches in thickness, and must be settled into its
place by ramming sufficiently to flush the mortar to the
surface.
No working on it. When in place, all wheeling, working or walking on or
over it must be prevented until it is sufficiently set.
Dirty stone, etc. All gravel and broken stone that is dusty or dirty will
be required to be thoroughly screened and washed before
it can be used ; and such piles or heaps as have any ad-
mixture of dirt, or stones above the size specified, will be
wholly rejected when delivered upon the work.
Neat cement.
Concrete.
Layers.
Chap. II. Agree' t for Const' n: Specifications. 119
Where required, vitrified salt glazed stoneware, sewer Pipe sewers,
and drain pipes shall be furnished and laid down, of the
sizes and in the manner shown on the plan of the work
herein specified.
The pipes shall be designated by their interior diameters. How designated.
Each pipe shall be a true cylinder, and shall have in every
part an internal area equal to the full area due to its diam-
eter.
The inner and outer surface of each pipe shall be con- Concentric,
centric. All straight pipes must be straight in the direc-
tion of the axis of the cylinder.
All pipes of a diameter of twelve (12) inches and under Thickness,
shall in no part be less than one (i) inch in thickness;
those of fifteen (15) inches and not under twelve (12)
shall in the same way be not less than one and one-quarter
(i^4) inches thick; and those of eighteen (18) inches and
not under fifteen (15) not" less than one and three-eighths
(i-Hs) inches thick.
All pipes of whatever kind shall be made of the best Made of best ma-
material, thoroughly and perfectly burned, without warps, tenals and glaz
cracks or imperfections, and shall be well and smoothly
salt glazed in the best manner over their entire inner and
outer surfaces ; and they shall be of equal quality in every
respect to the samples exhibited at the pipe yards of the
Department of Sewers, and subject to all tests ordered by
the Engineer, at any time previous to their being used.
Each straight pipe, having no branch or connection, Length,
shall in no case be less than two (2) feet and six (6)
inches in length.
Each pipe having an opening moulded into it for the
house connection, or a branch of any size or kind, shall be
not less than two (2) nor more than three (3) feet in
length.
Each pipe of whatsoever kind must be fitted with a Pipe to be fitted
sleeve or collar of the same character, cylindricity, and
thickness and not less than five (5) inches in width.
Each collar must have an internal diameter of not less Sizes of collars,
than one-half ( l / 2 ) nor more than one and one-half ( 1 1 / 2 )
inches greater than the external diameter of the pipe to
which it is to be fitted.
120 Chap. II. A greet for Const' n: Specifications.
Curved pipe.
Covers.
Bends, etc.
Hub and spigot
pipe.
How laid.
Where concrete
foundation is
required.
When required, curved pipe shall be furnished and laid,
curved to such a radius with the axis of the pipe as may
be shown on the plan of the work. No curved pipe shall
exceed three (3) feet in length.
The spurs are to be closed with approved vitrified stone-
ware covers.
Bends, syphons and special pipes shall, if required, be
furnished and laid of the sizes and forms shown on plan
of the work.
In case the Commissioner of Sewers shall elect to use
hub and spigot pipes they shall be furnished in all cases
similar and equal in size, quality and kind to those above
described. The hub shall have a depth of at least three
(3) inches from its face to the shoulder of the pipe on
which it is moulded, and shall have an interior diameter
not less than one (i) nor more than two (2) inches great-
er than the exterior diameter of the pipe which is to be
fitted into it.
All pipes are to be excavated for and laid true in line
and grade throughout, according to the lines and grades
furnished from time to time. The ends of the pipes shall
abut against each other, and in such manner that there
shall be no shoulder or unevenness of any kind along the
bottom half of the sewer on the inside.
Before putting in concrete, side pieces of plank are t)
be placed on each side of the pipe, giving the full width re-
quired as per section. It is then to be put in layers, the
first being five (5) inches in thickness and to the full
width. Each layer of concrete, after being thoroughly
tamped, shall be allowed to be properly set, for not less
than twenty-four (24) hours. After the concrete is set,
and before the laying of the pipe is commenced, additional
planks shall be used to bring it up to the height required.
The plank shall not be removed, but shall be left in. Not
less than sixty (60) feet of concrete bottom to be laid at
one time, and to be tamped to mortar surface.
The space between bands to be filled with concrete made
with small stones or screened gravel, even with inner sur-
face of bands. The pipe is then to be bedded, and the re-
Chap. II. Agree 't for Const' n: Specifications. 121
mainder of the concrete, as per section, put in place, and
shall be exposed twenty-four (24) hours for inspection,
as required for the bottom course.
Each joint, as the pipes are laid, is to be fitted with Each joint to be
a collar or ring- which shall lap equally the ends of such fi *jj^ r wlth a
abutting pipe; the lower half of the said collar shall
in all cases be whole and unbroken, and the upper half
shall not be in more than two (2) pieces. The space
between the ring and the pipes is to be as uniform
as possible, and to be thoroughly filled with the best
hydraulic cement mortar, made in small quantities, of
equal parts of cement and clean, sharp sand, thoroughly
mixed dry, and water enough afterwards added to give it
proper consistency, and used as soon as made. The joints
shall be carefully wiped and pointed inside and out, and Joints to be
all mortar that may be left inside to be thoroughly wiped and P inted -
cleaned out ; and the pipe left clean and smooth through-
out. When required strips of pine or spruce plank shall Foundation strips
be furnished, six (6) inches wide, one and one-half (1^2) P lank -
inches thick and two (2) feet long, and laid transversely
with the trench, or on either side of the joint, and the
pipe to rest thereon.
When the pipes are in place, earth shall be filled .in. How filled
as provided in these specifications. Every third pipe around -
shall be filled around so as to prevent the moving of the
joints.
All pipes, previous to their being lowered into the Pipes to be first
trench, shall be fitted together dry on the surface and fitted dry -
matched, so that when jointed in the trench they may
form a true and smooth line of tubes, and in no case shall
they be lowered into the trench until the same is done.
All branch pipes, connections and pipe of whatever Branch pipe,
kind, shall be excavated for, fitted and laid as above
described.
When hub and spigot pipe are used, they shall be Hub and spigot
laid, fitted and jointed evenly and smoothly, in the same plpe-
manner as described above.
No walking on or working over the pipes after they No walking or
are laid (except as may be necessary in tamping the earth wor king on pipe.
122 Chap. II. Agree 't for Const' n: Specifications.
Pipe to be
cleaned a. laid.
Mouth of pipe to
be protected.
Inspector to be
present.
Iron pipes to be
used.
Manholes on
pipe sewers.
Quality of work.
and refilling) will be allowed until there is at least thirty
(30) inches of earth over them.
The interior of the pipe shall be carefully freed from
all dirt, cement and superfluous material of every de-
scription as the work proceeds, for which purpose a disk
mould or plate attached to a rod sufficiently long to pass
two joints from the end of the pipe last laid, shall be
continuously worked through.
The mouth of the pipe shall be carefully protected
from all blasts, and the excavations shall in all cases
be fully completed at least twenty (20) feet in ad-
vance of the laying of the pipe. In all cases the mouth
of the pipe shall be provided with a board or other stopper,
carefully fitted to the pipe, to prevent all earth and other
substance from washing in.
When the trench is properly prepared, and before
laying the sewer, the Contractor must notify the Engineer,
who will thereupon direct an assistant or general in-
spector to be present on the work when sewers are to be
laid; and it is further expressly understood that at no
other time will such laying be proceeded with.
Under station platforms, and at such other points
along the route of the railway where the presence of
pipes and other subsurface structures would prevent free
access to the sewer for the purpose of repairs, the sewer
shall be made of iron pipe of the quality called for in
these specifications for waterpipe, and made with lead
joints in a manner similar to that specified for the laying
of water pipes.
Brick manholes shall be built at such points on the
line of the pipe sewers, of the form, thickness and in
the manner shown on the Contract Drawings of such
work. The brick work shall be carried up to within
twelve (12) inches of the arch of the established grade of
the street at that point, and true to templets correctly
made and set at top and bottom, whence not less than
eight (8) lines are to be drawn. The work in all re-
spects shall be of the quality described in these specifica-
tions, with the joints neatly struck and pointed on the
inside.
Chap. II. Agree' t for Const' n: Specifications. 123
Foundations.
Bluestone.
Manhole head
and cover.
The foundations of these manholes will be of cement
concrete, commencing not less than twelve (12) inches
below the lines of the inner bottom of the sewer at that
point. Sewer pipes are to be built in and trimmed, when
necessary, so as to be flush with the inner face of the
manhole, and an arch turned over the same on a drv
sand joint.
Wrought iron rods of good quality, of the size, length Steps built in.
and shape required for steps, are to be built in where
shown on the said Contract Drawings.
Hammer-wrought bluestone is to be furnished and
laid, as shown on the Contract Drawings.
A cast-iron manhole head and perforated cover, free
from imperfections, and thoroughly cleaned, and in
dimensions, quality of iron and all other respects
similar to the pattern adopted by the Commissioner of
Sewers, and now exhibited at his office, are to be
fitted to each of the above-described manholes. Each
manhole head and each cover is to have such certain
marks or numbers cast on it as the Commissioner of
Sewers shall designate, and also have its weight marked
distinctly upon it with oil paint.
For street manholes no head shall be used that shall
weigh less than four hundred and seventy-five (475)
pounds, nor more than five hundred (500) pounds, nor
cover that shall weigh less than one hundred and thirty-
five (135) pounds, nor more than one hundred and
fifty (150) pounds. For sidewalk manholes the heads
shall weigh not less than three hundred (300) nor more
than three hundred and ten (310) pounds, and the covers
not less than one hundred (100) nor more than one
hundred and ten ( 1 10) pounds. When the pavement of
street is asphalt, the manhole head shall be fitted with
noiseless covers.
Brick manholes shall be worked in the arch of the
brick sewers, at such points in the line of the sewer as
the Board may direct, of the size, form, thickness, and
in the manner shown on the Contract Drawings, and
brought up to within twelve (12) inches of the arch of
the established grade of the street at that point. The
work in all respects to be of the quality above de-
Manholes on
brick sewers.
124 Chap. II. Agree' t for Const' n: Specifications.
No incomplete
manholes.
Receiving basins.
Gutter stone
head stone.
and
Cast-iron cover.
Grate bar.
Trap.
scribed for manholes or pipe sewers. The manholes
are to be fitted with wrought-iron rods for steps, and
cast-iron manhole heads and covers, as above describel.
The above described manholes, whether in brick or
pipe sewers, are in all cases to be fully and com-
pletely built, and fitted with their covers, as the worV;
progresses, and as each is reached ; and the sewers will
not be allowed to be laid beyond or in advance of any
uncompleted manhole.
Whenever it becomes necessary to reconstruct or to
change the location of receiving basins, the same are
to be built in accordance with the plans to be furnished
by the Board. Each portion of the basin shall be built
of the size and materials designated on said drawing or
model; and all of the brickwork is to be plastered thor-
oughly inside and outside with cement mortar, mixed in
the proportion of one ( I ) part of cement to one ( i ) part
of clean, sharp sand, and carefully made as described
in these specifications. Each basin is to have a gutter
stone and a head-stone, sound and perfect throughout,
free from all seams and imperfections, with bluestone
curb and gutter stones adjoining, all cut in accordance
with the said drawings or patterns, and the head-stone
is to be fitted with a cast-iron cover of the best quality,
weighing not less than eighty (80) nor more
than ninety-five (95) pounds, of the size and shape shown
in such drawings or patterns, and also a cast-iron grate
bar, made according to drawing, fastened solidly into
the said head-stone, in the manner shown. The said
gutter stone and head-stone must be finely hammer-
dressed and similar to the sample at the pipe yard of
the Department of Sewers, unless otherwise ordered by
the Board. An iron hood or trap will be furnished by
said Department of the size and dimensions shown on
said drawing or model, and is to be built in the basin
in the manner therein shown. The whole to be built
and laid in cement mortar, as described in these .specifica-
tions, and the joints carefully struck on the inside.
The stone forming the bottom of the basin to be in
Chap. II. Agree 't for Const' n: Specifications. 125
all cases of the thickness as shown on the section, and
in not more than two (2) pieces.
All culverts for the connection of receiving basins Culverts.
with the sewers, are to be of twelve (12) inch vitrified
stoneware drain pipe, of the kind and quality previ-
ously described, and laia and the trench refilled in the
manner described, and shall be connected with the
sewers at an angle of forty-five (45) degrees, and in a
thorough and workmanlike manner; and when connected
with the sewers, the culvert pipe shall not project in- Not to project
. , ,, . , , , , , . , a , ... ,, inside the sewers.
side the said sewers, but be trimmed flush with the curve
and lines of the inner face thereof. In case the line of
the sewers shall .intersect any culverts now built, ,so Culverts to be
much of said culverts as may, in the opinion of the Engi- rebuilt.
neer, be necessary, shall be taken up and rebuilt or relaid
with vitrified stoneware drain pipe or brick, as the case
may be, in the manner described above, and connected
by a proper curve with said sewers.
The Commissioner of Sewers shall have the right to Permits for con-
connect any sewer or sewers with the sewers to be nectlons -
built under this contract, or to grant permits to any
person or persons to make connections therewith, at any
time before it is finally completed ; and said Contractor
shall not interfere with or place obstructions in the way
of such persons as may be employed in building such
new sewer or sewers, or in making such connections.
No extra allowance will be made to the said Contractor on
account thereof.
All the curb, gutter, flagging, paving and macadam Disposal of paving
stones necessary to be removed, together with all rock, " eSC
earth or sand taken from the trenches, shall be placed
in such parts of the carriage way, or the vicinity thereof,
as the Engineer in charge of the work shall direct, or
shall be removed as provided in these specifications ; and
in all cases a passageway on the sidewalks, of not less
than three (3) feet in width, shall be preserved free
from all obstruction, and the Contractor will be required
to preserve from needless obstruction the carriage way
on one side of the line of the proposed work.
126 Chap. 11. Agree 't for Const' n: Specifications.
Catherine street
outfall.
Staves.
Creosoted.
Iron bands.
Centres.
Galvanized iron.
Pier alterations.
For the outfall of the sewer at or near the foot of
Catherine Street, there shall be constructed two (2) new
round sewer boxes of the size and shape shown on the
Contract Drawings. These boxes shall be built of staves
of spruce or yellow pine timber, about four and one quar-
ter (4 1 / 4) inches thick by thre$ and one-quarter (3 1 /!)
inches face, free from wind shakes, decay, loose or rotten
knots, and in pieces milled accurately on all sides to
templets conformable with the plans. After milling this
timber shall be thoroughly creosoted with not less than
ten (10) pounds of creosote or dead oil per cubic foot
and tempered according to a process approved by the
Engineer. The boxes shall be built in sections about
twenty (20) feet long, more or less, according to the
spacing of the pile bents of the pier. The staves shall
be held in place by galvanized iron bands fastened with
screw bolts and placed about three (3) feet apart. The
butt joints shall be covered with special cover bands
of galvanized iron five (5) inches wide and one-quarter
(>4) of an inch thick, with thickened lugs fastened by
screw bolts. All sections of the boxes shall be set up
on centres accurately shaped to the inside surface of
the sewer and placed about six (6) feet apart. The
temporary centering on which the boxes are set up will
be kept in place until they are secured in position and
shall then be removed.
. The cover bands, intermediate bands, mouth-pieces
and the screw bolts fastening them, are to be of the
best quality of galvanized iron, and to accord in shape
and dimensions with the drawings. The screw bolts
and nuts must have the surplus zinc removed from the
threads after galvanizing, to allow the nuts to work
freely on the bolts.
*
All of the work of constructing, adjusting and secur-
ing these boxes and all alterations of pier No. 34, East
River, necessary for their construction, shall be done in
the manner and of the materials and workmanship a?
prescribed by the standard specifications of the Depart-
ment of Docks and Ferries of the City of Xe\v York
relating to such work.
Chap. II. Agree 't for Const 'n: Specifications. 127
During the progress of the work and until the entire Sewers to be
completion thereof, all sewers, drains, basins, culverts pt
and connections, are to be kept thoroughly clean
throughout and left clean, and the drainage now pass-
ing through the old sewers to be taken up, shall be pro-
vided for.
If during the progress of the work it is found, in Location affected
the opinion of the Engineer, reasonably impossible to gtrifctures
construct according to the Contract Drawings any
sewers, manholes, or other appurtenances, owing to the
presence of unknown subsurface structures or other con-
tingencies, the Contractor shall construct such sewers,
manholes or appurtenances in the location and according
to the directions of the Engineer.
18. WATER MAINS.
Whenever it is necessary to relay any water main, ali
new material required for the same shall be of the qual-
ity and laid in the manner specified below, and subject
to the various clauses of these specifications applicable
thereto.
The pipes shall be circular cylinders, with the inner Description of
and outer surfaces concentric, and of the full interior conclmt pipes,
diameter required.
The hub or socket and the spigot end shall be
shaped in exact conformity with the standards of the
Department of Water Supply, to be furnished by the
Board, and will be tested by circular gauges.
The seat or shoulder of the socket and the end of the
spigot must be straight and even, so as to make a smooth
joint. Special care will be required in making the
sockets and spigots to conform to the drawings, and all
pipes will be particularly tested at these points. No pipe
will be received whose eccentricity at the spigot and
socket ends, or either, exceeds one-eighth (% ) of an
inch.
The pipes shall be designated by dimensions of the
interior diameter.
Bands, buttons, or ribs shall, if required, be cast on Bands, etc.
128 Chap. II. Agree 't for Const' n: Specifications.
Dimensions.
Straight pipes.
Thickness.
Weight.
Tested by cali-
pers.
Variation in
weight.
To be cast
vertically.
Pipes to be
marked.
pipes, of such forms and dimensions as the Engineer may
direct.
The straight pipe shall be twelve (12) feet long, ex-
clusive of hub ; all others as may be directed.
All the pipes shall be straight in the direction of the
axis of the cylinder.
The thickness of the pipes, branches and special cast-
ings shall correspond with the standards of the Depart-
ment of Water Supply. The weight shall be approxi-
mately as follows :
The 48-inch
The 36-inch
The 3O-inch
The 2O-inch
The 12-inch
The 6-inch
pipes, 8,250
pipes, 4,860
pipes, 4,000
pipes, 2,400
pipes, 1,000
pipes, 430
pounds each,
pounds each,
pounds each,
pounds each,
pounds each,
pounds each.
The thickness of the metal of the pipes and special
castings will be tested by calipers after the castings have
been freed from sand and cleaned.
No pipe will be received when the thickness of metal
is less by more than one-twelfth (i-i2th) of an inch than
the thickness required by the standards.
No pipe or casting will be received which weighs less
than the weights above mentioned by more than two and
a half (2^) per cent, of said weights.
All straight pipes shall be cast vertically, with the
hub end down.
All the castings shall be made in such moulding-sand
or loam as will leave the surface clean and smooth.
All the castings shall have the year in which they
are cast, the running number of the castings of the
same size and form, the letters D. W. S., and the ini-
tials or name of the Contractor, and of the foundry
where cast, cast on the outer side in raised letters of
not less than two (2) inches in length and one-eighth
(i^) of an inch in relief, in such manner as the Engineer
may designate; and, in case any pipe shall be con-
demned, the letters D. W. S. shall be erased by the Con-
tractor.
Chap. IL Agree' t for Const' n: Specifications. 129
The metal of which the castings are to be cast Quality of metal,
(which must be remelted in a cupola or air-furnace)
shall be pig-iron, made without any admixture of cin-
der-iron, or other inferior metal, and shall be of such
character as to make a pipe strong, tough and of an
even grain, entirely free from uncombined carbon when
seen under the microscope, and such as will bear, satis-
factorily, drilling and cutting, and shall have a tensile
strength of at least sixteen thousand ( 16,000) pounds to
the square inch.
The castings shall be free from scoria, sand holes, air
bubbles, and other defects and imperfections.
The castings shall be perfectly cleaned and no lumps Sockets and
shall be left on the inner surface of the barrels or sockets, smooth *'
or on the outer surface of the spigot end.
All castings being perfectly cleaned, according to the Hammer inspec-
specifications and the directions of the Engineer, shall tlon -
be subjected to a careful and thorough hammer in-
spection.
Every casting must be thoroughly dressed and made Cleaned,
clean and free from earth, sand and dust, which ad-
heres to the iron in the molds. Iron-wire brushes must
be used, as well as softer brushes, to remove the loose
dust. No acid or other liquid shall be used in cleaning
the castings.
Every pipe, branch and special casting shall be care- To be coated,
fully coated inside and out with coal pitch and oil.
Every casting must likewise be entirely free from rust
when the coating is applied. If the casting cannot be
dipped immediately after being cleaned, the surface
must be oiled with linseed oil, to preserve it until it is
ready to be dipped; no casting to be dipped after rust
has set in.
The coal-tar pitch to be made from coal tar, distilled The coating,
until the naphtha is entirely removed and the material
deodorized with a mixture of five (5) or six (6) per cent,
of linseed oil. Pitch, which becomes hard and brittle
when cold, will not answer for this use.
Pitch of the proper quality having been obtained, it Heated,
must be carefully heated in a suitable vessel to a tem-
perature of 300 degrees Fahrenheit, and must be main-
130 Chap. II. Agree' 't for Const' n: Specifications.
Renewal of
pitch.
Inspection before
dipping.
Proof in hydraulic
press.
Weight to be
marked.
Pipe to be laid
on blocking.
Blocks.
tained at not less than this temperature during the time
of dipping. The material will thicken and deteriorate
after a number of pipes have been dipped; fresh pitch
must, therefore, be frequently added, and occasionally the
vessel must be entirely emptied of its old contents and
refilled with fresh pitch.
Every casting must attain a temperature of 300 de-
grees Fahrenheit, before being removed from the ves-
sel of hot pitch. It may then be slowly removed and
laid on skids to drip.
No casting shall be dipped until the authorized in-
spector has examined it as to cleaning and rust and sub-
jected it thoroughly to the hammer proof. It may then
be dipped, after which it will be passed to the hydraulic
press to meet the required water proof. The proper coat-
ing will be tough and tenacious when cold on the pipes,
and not brittle or with any tendency to scale off.
The castings must be capable of sustaining a pressure
in the hydraulic press of three hundred (300) pounds
to a square inch, and any casting which shows any defect,
by leaking, sweating or otherwise, will be rejected. This
proof will be made at the foundry, and at the expense
of the Contractor.
The casting will be weighed, and the weight distinctly
marked on the casting in white paint. The Contractor
will provide at the foundry where the pipes and castings
are to be manufactured proper sealed scales and weights
for weighing the castings, which will be done at the
expense of the Contractor, under the supervision of the
inspector.
Each pipe over six (6) inches inside diameter, unless
otherwise ordered, shall be placed on two blocks and
four wedges of hemlock timber, the wedges to rest on
the blocks and the pipe on the wedges.
The blocks and wedges shall be of sound hemlock
timber. Forty-eight (48), thirty-six (36) and thirty (30)
inch pipe shall be laid on blocks four (4) feet long,
twelve (12) inches wide and six (6) inches thick, with
wedges eighteen (18) inches long, six (6) inches wide,
four (4) inches thick on one end and one-half (%} inch
thick on the other. Twenty (20) and twelve (12) inch
Chap. II. Agree 't for Const' n: Specifications. 131
pipe shall be laid on blocks two (2) feet long, eight
(8) inches wide and four (4) inches thick, with wedges,
twelve (12) inches long, four (4) inches wide, three (3)
inches thick on one end and one-half (^2) inch thick on
the other.
The spigot end of the pipe shall be inserted into the Joints,
hub to within from one-fourth ( l / ) to one-eighth ( y& ) of
an inch of the full depth of the hub, and the space
around the pipe shall be equalized so as to give as nearly
as possible an equal space for the packing. The space
between the pipe and hub shall be packed with clean,
sound hemp packing yarn, free from tar, far enough to Yarn,
leave the proper space for lead. The remaining space
shall then be filled by running it full of lead to a depth Lead,
of four (4) inches, with a bead outside of the face of
the hub large enough to allow for caulking, so that when
the joint is properly caulked the lead will be flush with
the hub of the pipe. After the joint shall have been run
with lead, it shall be caulked by means of proper tools,
so as to make a watertight joint.
The lead to be used shall be of the best quality of Quality of lead,
pure, soft lead, and in every respect suitable for the
purpose.
In case it becomes necessary to cut any connection Flow of water in-
with any other main, house or hydrant, or in any way *
to interfere with ;the continuous and normal flow of
water, due notice shall be sent at least forty-eight (48)
hours in advance to the Engineer and to the Commis-
sioner of Water Supply, and the Contractor shall, if so
ordered, make a temporary by-pass or other arrangement
to preserve the flow of water while breaking connections.
All connections cut, interfered with or injured shall All connections to
be restored under the directions of the Engineer and with-
out delay to a suitable condition as good as existed before
commencing work.
Stop cocks, boxes, branches, curved pipe, and other Specials,
specials according to the standards of the Department
of Water Supply, shall be set where necessary.
132 Chap. II. Agree' t for Const' n: Specifications.
Pavement to
be restored.
Asphalt on
concrete.
Samples to be
submitted.
19. PAVING.
As soon as the work in any open excavation or trench
made under this contract, shall have been completed, the
trench backfilled and the backfilling thoroughly rammed
in place and compacted, all as provided herein, the Con-
tractor shall proceed to restore the surface to a condition
similar to, and equally good as that existing previous
to the commencement of construction. If the pavement
were originally of asphalt on a concrete foundation and
laid under a guarantee as to repairs and maintenance,
which guarantee at the time of relaying has not expired,
the Contractor will have the option of calling on the
original contractor for such asphalt pavement to relay the
same under his contract with the Commissioner of High-
ways and at the price named therein, or the option of
laying uch asphalt jpavement itself according to the
specifications herein contained and giving to the Com-
missioner of Highways a satisfactory guarantee as to
maintenance and repairs for a period equal in length
to the unexpired portion of the guarantee of the original
contractor, and a sufficient bond indemnifying the City
against suit for damage by said original contractor.
If the original contractor shall relay any asphalt pave-
ment as contemplated above, he will be considered by
the Board as a sub-contractor to the Contractor under
this contract, and nothing herein contained shall be con-
strued as entitling either the Contractor or such sub-con-
tractor to any additional payment from the Board or the
City for such work, beyond the general' sum named
herein.
If asphalt pavement is to be laid the Contractor shall
submit to the Board and to the Commissioner of High-
ways samples of the materials he intends to use, to-
gether with certificates and statements as follows :
1. Specimens of asphalt and asphaltum with a certifi-
cate stating where the specimens were mined.
2. A specimen of the asphaltic cement, with a state-
ment of the elements of the composition of the bitu-
Chap. II. Agree't for Const' n: Specifications. 133
minous cements used in the composition of the paving
surface.
3. Specimens of sand intended to be used.
4. Specimens of pulverized carbonate of lime, granite
or quartz intended to be used.
5. A certificate, if the material proposed to be used
has not heretofore been used in the City of New York,
showing some other locality where pavement of such
material has been laid, its area, date of acceptance,
which must have been at least two (2) years previous to
the issuance of the certificate, and that said pavement
has worn well and satisfactory; all to be signed and
acknowledged by the chief municipal officer having charge
of said work in the city or cities where such pavement
has been laid.
Such specimens, certificates and statements must be,
in the judgment of the Board, equal in all respects to
similar conditions exacted by the Department of High-
ways for other asphalt pavement in the City of New
York.
The backfilling on the top of the trench shall be of Subgrade for
clean gravel or sand, or other wholesome earth, free
from all spongy or vegetable material and thoroughly
rolled with a roller weighing not less than ten ( 10) tons,
so that the top of the filling is parallel to the crown of
the street and nine (9) inches below it, except beneath
the stone block pavement adjoining rails, manhole heads
and stopcock boxes, where the depth below finished grade
shall be thirteen and a half (13^) inches. When the
roller cannot reach every portion of the roadbed, the bot-
tom shall be rolled by a small roller or tamped, as directed
by the Engineer, and water shall be sprinkled on such
bottom when required. Upon the foundation thus pre-
pared, there shall be laid a bed of hydraulic cement con-
crete six (6) inches in thickness, and made as follows:
All cement must be of jkhe best quality, of either Cement,
fresh-ground best American Portland or Rosendale
134 Chap. II. Agree 't for Const' n: Specifications.
Portland cement
concrete.
Rosendale
cement concrete.
Pebbles.
Broken stone.
Concrete to be
rammed.
Mixing concrete.
hydraulic cement, and shall be tested and approved by
the Engineer before being used.
Concrete, when Portland cement is used, shall be corn-
posed of one (i) part of cement, three (3) parts of clean,
sharp sand and seven (7) parts of broken stone, or one
(i) part of cement, three (3) parts of clean, sharp sand,
four (4) parts of broken stone and three (3) parts of
pebbles by measure.
Concrete, when Rosendale cement is used, shall be
composed of one (i) part cement, two (2) parts of clean,
sharp sand and three (3) parts of broken stone, or one
(i) part of cement, two (2) parts of clean, sharp sand,
two (2) parts of broken stone and two (2) parts of
pebbles, by measure. The cement and sand shall be
mixed dry; the broken stone having been first wet shall
be then added and the mass turned over, with the addition
of the necessary water, and worked until the broken stone
is incorporated completely.
The pebbles shall be hard, clean, free from sand,
screened and washed, and of a size that has passed a
sieve of one and one-half (1^2) inch mesh and rejected
by a three-quarter (^4) inch mesh.
The broken stone shall be solid trap, limestone or
granite, free from dust or dirt, and of a graded size
not larger in any dimension than will pass through a
two (2) inch ring, and shall be crushed and screened
before being brought upon the work, and no crushing
shall be done on the work.
The concrete shall be placed in proper position and
there rammed with wooden rammers until thoroughly
compacted, which surface shall be three (3) inches be-
low the grade of the top of the finished pavement and
exactly parallel thereto.
The concrete foundation shall be capable of sus-
taining such test as the Engineer shall deem necessary.
No carting or wheeling will be allowed on the concrete
until it is sufficiently set, and then only on planks laid
down for the purpose.
The whole operation of mixing and laying each batch,
which shall not contain more than one (i) barrel of
cement, must be performed as expeditiously as possible
Chap. II. Agree't for Const' n: Specifications. 135
by the employment of a sufficient number of skilled men,
and, if necessary, must be protected from the action of
the sun and wind until set. No concrete will be allowed
to be used which has been mixed more than thirty (30)
minutes.
Upon the foundation must be laid a fine bituminous Bituminous
concrete or binder, to be composed of clean broken stone bmder -
not exceeding one and one-quarter (i^4) inches in their
largest dimensions, thoroughly screened, and either coal-
tar residuum, commonly known as No. 4 paving compo-
sition, or the same bitumen used in the body of the pave-
ment.
The stone must be heated by passing through revolving Stone to be
heaters, and thoroughly mixed by machinery with the " eated -
paving composition in the proportion of one ( I ) gallon of
paving composition to one ( i ) cubic foot of stone.
This binder must be hauled to the work and spread Laying of binder,
with hot iron rakes in all holes or inequalities and de-
pressions below the true grade of the pavements, to such
thickness that after being thoroughly compacted by tamp-
ing and handrolling the surface shall have a uniform
grade and cross-section, and the thickness of the binder
at any point shall be not less than three-quarters (4)
of an inch. No binder shall be laid during a rain, nor
shall any binder be laid that is too cold to be manipulated
easily ; over-heated binder shall be removed entirely from
the work.
The upper surface shall be exactly parallel with the
surface of the pavement to be laid.
Upon this foundation must be laid the wearing sur- Wearing surface,
face, or paving proper, the basis of which, or paving
cement, must be pure asphaltum, unmixed with any of
the products of coal tar.
The wearing surface will be composed of :
1. Refined asphaltum.
2. Heavy petroleum oil.
3. Fine sand, containing not more than one (i) per
centum of hydro-silicate of alumina.
4. Fine powder of carbonate of lime, granite or quartz.
136 Chap. II. Agree't for Const' n: Specifications.
5. The heavy petroleum oil must be freed from all im-
purities and brought to a specific gravity of from 18 to
22 degrees Baume, and a fire test of 250 degrees Fahren-
heit, or, if the formula of Contractor requires it, the
powdered carbonate of lime may be omitted, and the
heavy petroleum oil may be replaced by sufficiently fluid
natural bitumen.
Asphaltum. The asphaltum used must be equal in quality to that
mined from the Pitch Lake on the Island of Trinidad,
or from the Alcatraz mine, Santa Barbara County, Cali-
fornia, specially refined and brought to a uniform stand-
ard of purity and gravity, of a quality to be approved
by the Commissioner of Highways.
Asphaltic cement. From these two hydro-carbons shall be manufactured
an asphaltic cement which shall have a fire test of 250
degrees Fahrenheit, and, at a temperature of 60 degrees
Fahrenheit, shall have a specific gravity of 1.19, said
cement to be composed of one hundred (100) parts of
pure asphalt, and from fifteen (15) to twenty (20) pails
of heavy petroleum oil.
Pavement mix-
ture.
How mixed.
Laying of pave-
ment mixture.
The asphaltic cement being made in the manner above
described, the pavement mixture must be formed of the
following materials, and in the proportions stated :
Asphaltic cement From 12 to 15
Sand From 83 to 70
Pulverized carbonate of lime, granite or
quartz From 5 to 1 5
The sand and asphaltic cement are to be heated sep-
arately to about 300 degrees Fahrenheit. The pulver-
ized carbonate of lime, granite or quartz, while cold, shall
be mixed with the hot sand in the required proportions,
and then mixed with the asphaltic cement at the re-
quired temperature, and in the proper proportions, in a
suitable apparatus, which will effect a perfect mixture.
The pavement mixture prepared in the manner thus
indicated must be brought to the ground in carts, at a
temperature of about 250 degrees Fahrenheit, and if
the temperature of the air is less than 50 degrees, iron
Chap. IL Agree 't for Const'n: Specifications. 137
carts, with heating apparatus, shall be used in order to
maintain the proper temperature of the mixture; it shall
then be carefully spread by means of hot iron rakes,
in such manner as to give a uniform and regular grade.
The surface shall then be compressed by hand-rollers,
after which a small amount of hydraulic cement shall
be swept over it, and it shall then be thoroughly com-
pressed by a steam roller weighing not less than two
hundred and fifty (250) pounds to the inch run, the roll-
ing to be continued for not less than five (5) hours for
every one thousand (1,000) square yards of surface.
After having received its ultimate compression the pave-
ment must have a thickness of not less than two (2)
inches.
The powdered carbonate of lime, granite or quartz Powdered stone.
shall be of such a degree of fineness that five (5) to fifteen
(15) per centum by weight of the entire mixture for the
pavement shall be an impalpable powder of limestone,
and the whole of it shall pass a No. 26 screen. The sand Sand,
shall be of such size that none of it shall pass a No. 80
screen, and the whole of it shall pass a No. 10 screen.
The gutters for a width of twelve (12) inches next Gutters,
the curb must be coated with hot, pure asphalt, and
smoothed with hot smoothing irons in order to saturate
the pavement to a depth to be directed by the Engineer
with an excess of asphalt.
If rock asphalt be used, the material shall be an amor- Rock Asphalt.
phous limestone naturally, thoroughly and uniformly im-
pregnated with bitumen : ( I ) From the Sicilian mines at
Ragusa and Verwohle, equal in quality and composi-
tion to that mined by the United Limmer and Verwohle
Rock Asphalte Company, Limited. (2.) From the Swisi
mines at Val de Travers, equal in quality and composition
to that mined by The Neuchatel Asphalte Company, Lim-
ited. Or (3) from the French mines at Seyssel, MonS,
and Sicilian mines at Ragusa, equal in quality and com-
position to that mined by the Compagnie Generate de
Asphaltes de France, Limited, and it shall be prepared
and laid as follows t
138 Chap. II. Agree't for Const' n: Specifications.
Preparation.
Powder to be
heated.
Surface to be
rolled.
Special permis-
sion to lay rock
asphalt.
Space next to
rails, manholes,
etc.
Space within
car tracks.
The rock shall be finely crushed and pulverized; the
powder shall then be passed through a fine sieve. Noth-
ing whatever shall be added to or taken from the powder
obtained by grinding the bituminous rock. The powder
shall contain nine (9) to twelve (12) per cent, natural
bitumen, eighty-eight (88) to ninety-one (91) per cent,
pure carbonate of lime, and must be free from quartz,
sulphates, iron pyrites or aluminum.
This powder shall be heated in a suitable apparatus
to 200 to 250 degrees Fahrenheit, and must be brought
to the ground at such temperature, in carts made for
the purpose, and then carefully spread on the binder
foundation previously prepared to such depth that, after
having received its ultimate compression, it will have a
thickness of not less than two (2) inches.
The surface shall be rendered perfectly even by ram-
mers and smoothers, and shall be rolled with a steam
roller weighing not less than two hundred and fifty (250)
pounds to the inch run, the rolling to continue for not
less than five (5) hours for each one thousand (1,000)
square yards of surface in the case of Trinidad asphalt;
in the case of rock asphalt pavement the ultimate com-
pression may be by heated pilons.
But rock asphalt shall not be used in any case with-
out written permission from the Commissioner of High-
ways.
On each side of the rails of the car tracks, around
all manholes and stop-cock boxes, the Contractor, when
required, shall lay a line of granite or syenite paving
blocks, as headers, long and short stones alternating and
toothing into the pavement, laid on a foundation of six
(6) inches of concrete, which must extend to the depth
of the crossties and beneath and around the girders and
stringers, on which shall be laid a bed of fresh cement
mortar, two (2) inches in thickness; and on the mortar
so laid shall be laid the stone blocks, the top surface of
which shall conform to the grade of the pavement. The
joints of the blocks shall be filled with paving cement,
as hereinafter described.
Whenever the space within car-tracks has been laid
with granite or syenite blocks, the said space shall be
Chap. II. Agree 't for Const' n: Specifications. 139
repaved with said blocks or said asphalt according to the
determination of the Commissioner of Highways.
If granite or syenite pavement on a concrete founda- GRANITE
tion is to be relaid, the filling on top of the trench is to P avement on
concrete,
be formed, and rolled or thoroughly tamped, as prescribed
for asphalt pavement, except that the surface is to be
truly shaped to a grade sixteen (16) inches below that
of the street grade, except under and eighteen (18)
inches on each side of the track girders, where the finished
surface shall be six (6) inches below the girders.
Upon the foundation thus prepared, there shall be laid Concrete thick-
a bed of concrete to a depth of six (6) inches. Where r
vaults, railroad ties, sewer connections, cable railroad,
electric or pneumatic conduits or other subsurface struct-
ures are encountered, the depth of the concrete shall be
increased, diminished or omitted, as may be deemed neces-
sary by the Engineer.
The concrete shall be composed of the same quality Concrete pro-
and proportion of materials, and mixed and laid in the portions-
same manner, as described for asphalt paving.
In all cases where horse-car tracks exist and a con- Horse cars to be
crete foundation is to be laid between the rails of the P assed by hand.
same, the Contractor shall keep men to pass the cars
over the same, so that no horses shall travel on the
concrete until three (3) hours after it has been laid,
and the Contractor shall then cover the concrete with
sand and planks until the pavement is laid. Horses must
be kept off stone pavement until the joints are filled with
tar.
The surface of the concrete is to be kept wet until Preparation
covered with sand, and at least thirty-six (36) hours shall of foundation -
be allowed for the concrete to set before the pavement
is laid. When connection is to be made with any layer
set or partially set, the edge of such layer must be broken
down, be free from dust and properly wet, so as to make
the joints fresh and close. On this concrete foundation
shall be laid a bed of clean, sharp sand, perfectly free
from moisture (made so by artificial heat, if deemed
140 Chap. II. Agree 't for Const' n: Specifications.
Stones how
laid.
When temperature
is below 40 de-
grees F.
necessary) not less than one and one-half (1^/2) inches
thick, to the depth necessary to bring the pavement and
crosswalks to the proper grade when thoroughly rammed.
Upon this bed of sand the stone blocks and cross-
walks must be laid. The stone blocks are to be laid in
courses at right angles with the line of the street, ex-
cept in special cases, when they shall be laid at such
angle with such crown and at such grade as the Engi-
neer may direct. Each course of blocks shall be of
uniform width and depth, and so laid that all joints
shall be close joints and all longitudinal joints shall be
broken by a lap of at least three (3) inches.
When the temperature at 7 o'clock A. M. is below 40
degrees Fahrenheit, the pavement must be rammed and
made ready for pouring the paving cement within thirty
(30) feet of the row of blocks last laid, and all joints
shall be filled with paving cement within fifty (50) feet
of ,the face of the paving ; the intention of this require-
ment being to have the joints filled before the gravel gets
either wet or cold.
Gravel for joints. As the blocks are laid they shall be covered imme-
diately with clean, hard, hot, dry gravel, of proper size,
as directed by the Engineer, artificially dried, which shall
be raked into the joints until all the joints become filled
therewith. This gravel shall be free from sand; it shall
be such as has passed through a horizontal sieve of three-
quarters (24) inch mesh, and retained by one of a one-
half (^2) inch mesh. The blocks shall then be thor-
oughly rammed, and the ramming be repeated until the
blocks are brought to an unyielding bearing with uniform
surface, true to the roadway on the established grade, and
the courses adjusted to the proper line, and no gravel
shall be added after ramming until the joints are poured
with cement. Before the pouring of the paving cement
as hereinafter provided for, the joints and gravel filling
must be made dry and free from dirt, fine gravel, sand
or any matter that would obstruct or hinder the complete
filling of all voids and spaces within the joints to the
full depth of the joint.
Blocks to be
rammed.
Chap. II. Agree't for Const' n: Specifications. 141
The paving cement as hereinafter described shall then Paving cement,
be poured into the joints at a temperature not less than
300 degrees Fahrenheit, and while the gravel is still hot
and dry, until the joints and all interstices of gravel filling
are full and will take no more and are filled flush with the
top of the blocks. Dry, hot gravel of proper size, heated
in pans especially provided by the Contractor for that pur-
pose, must then be poured along the joints filled with pav-
ing cement, as above described, and consolidated by tamp-
ing with a light rammer or otherwise.
The paving cement to be used in filling the joints be- Paving cement
tween the paving blocks and between the crosswalk stones c
as herein provided shall be composed of twenty (20) parts
of refined Trinidad asphalt of a quality to be approved by
the Engineer, and three (3) parts of residuum oil mixed
with one hundred (100) parts of coal tar which shall be
obtained from the direct distillation of coal tar, and shall
be the residuum therefrom, and shall be such as is ordi-
narily numbered 4 at the manufactory (the proportions to
be determined by the weight). It shall be delivered on
the work in lots at least one (i) week before being used,
in order that the necessary analysis and examination may
be made by the Engineer. In addition to this the Con-
tractor must furnish the Engineer with the certificate of
the manufacturer or refiner that the materials are of the
kind specified. The coal tar, oil and asphalt must be
mixed and heated in the proportions named, on the work
as needed for immediate use, to a temperature of 300 de-
grees Fahrenheit, which temperature shall be indicated by
a thermometer attached and fixed to the boiler or heating
kettle.
If stone pavement is to be relaid without concrete foun- STONE
dation, the trench is to be backfilled, dressed off and com- ^* e . nt without
pactly rolled or tamped as previously described for asphalt
pavement, except that the surface is to be truly shaped
to a grade ten ( 10) inches below the top of the proposed
pavement when rammed, unless stones are to be used of a
different depth than the standard stones of not less than
seven (7) nor more than eight (8) inches, in which case
142 Chap. II. Agree't for Const 'n: Specifications.
Stones how laid.
MACADAM
pavement.
Bed, preparation
of.
Old material.
the distance from the grade of the proposed pavement to
the grade of the filling as rolled, is to be increased or de-
creased accordingly.
The stone blocks are to be laid in courses at right angles
with the line of the street, except in special cases when
they shall be laid at such angle as directed, with such
crown and at such grade as the Engineer may direct ; each
course of blocks shall be of uniform width and depth, and
so laid that all longitudinal joints or end joints shall be
close joints and shall be broken by a lap of at least three
(3) inches, and that joints between courses shall be as
close as possible. As the blocks are laid they shall be cov-
ered with sharp, coarse sand to a depth that will complete-
ly fill all joints which shall be raked until all the joints be-
come filled therewith ; the blocks shall then be thoroughly
rammed to a firm, unyielding bed, with a uniform surface
to conform to the grade and crown of the street. No
ramming shall be done within twenty-five (25) feet of the
face of the work that is being laid, and in doing all ram-
ming the Contractor shall employ one ( I ) rammer to every
two (2) pavers. Whenever the payment for not less than
two hundred (200) feet, and not exceeding two hundred
and sixty (260) feet, shall have been constructed as above
described, it shall be covered with a good and sufficient
second coat of clean, sharp sand; and shall immediately
thereafter be thoroughly rammed until the work is made
solid and secure; and so on until the whole of the work
embraced in this agreement shall have been well and
faithfully completed, in accordance with these specifica-
tions.
Where macadam pavement is to be relaid the trench is
to be backfilled, dressed off and compactly rolled or
tamped as previously described for asphalt pavement, ex-
cept that the surface is to be truly shaped to a grade eigh-
teen (18) inches below the grade of the proposed pave-
ment.
On taking up old macadam pavement, only so much of
the component material shall be used in relaying as the
Engineer may permit. Such material shall be neatly piled
Chap. II. Agree' t for Const' n: Specifications. 143
as and where directed and the old material condemned as
unfit for use shall be at once removed and disposed of in
the manner as specified for excavated material. New New material.
material for macadam paving shall be of the quality and
description as hereinafter described.
The stone for the foundation of the pavement is to be Quality and
sound, hard and durable quarry stone, not too brittle or t fof stone foundi-
friable, free from sap, seams and imperfections, and of tions.
even quality, each from ten (10) to twelve (12) inches in
depth, from three (3) to six (6) inches in width, and from
six (6) to sixteen (16) inches in length, and of a suffi-
ciently uniform size to be acceptable, with suffi-
ciently parallel and even faces on sides, ends, top and
bottom, and to properly join and wedge, except the stones
under the trap or granite block pavement, or bridge stones,
which only differ from those above described in that they
must be not less that six (6) nor more than eight (8)
inches in depth, and except the course of stone under the
macadam, which is next to the stone blocks, which stone
is to be twelve (12) inches in depth, not less than twelve
(12) nor more than twenty- four (24) inches in length,
and not less than six (6) nor more than nine (9) inches
in thickness, but in every other respect similar to the foun-
dation stone first above described.
The bottom course is to be composed of broken trap or Quality and di-
Clinton Point stones, all of the same kind and hard, dura- JSSS. Stone.
ble and not too brittle. The stones are to be of uniform
quality, free from sap, seams and imperfections, and free
from screenings, dirt and other foreign matter. No stone
in its greatest diameter shall be more than two and a half
(2^2) inches, and in its smallest diameter less than one
and one-half (ij^) inches, and the stones between these
dimensions shall average sufficiently large to be acceptable.
The broken stone composing the next overlying course
is to be hard, durable, and not too brittle trap-rock or
Clinton Point stone; no stone shall measure more than
two (2) inches nor less than one and a half (ij^) inches
in any diameter. The stones between these dimensions
144 Chap. II. Agree 't for Const' n: Specifications.
Quality and di-
mensions of the
binding material.
shall be distributed evenly throughout the mass, and shall
be of a shape as nearly cubical as can be secured by any
mechanical process acceptable to the Engineer.
The binding course is to be composed of trap-rock or
Clinton Point screenings. They shall be of uniform qual-
ity, free from dirt and other foreign matter, no stone to
be of larger size in any direction than one-half (y 2 ) inch,
and all particles to be of such relative size to one-half ( l / 2 )
inch as shall be acceptable to the Engineer ; it may con-
tain not more than twenty (20) per cent, of the flour.
A sample of the macadam stone, showing the quality
and the run of the size of the stone to be used in the work,
shall be furnished at the office of the Board and approved
by the Engineer before any is placed upon the street or
avenue.
Laying the
foundation for
pavement.
After the road-bed is properly prepared, to the satisfac-
tion of the Engineer, and the stone for foundation hauled
and deposited thereon, they shall be laid by hand in the
form of a close, firm pavement, so as to break joints by at
least one ( I ) inch and with the various sizes properly dis-
tributed. They shall be set on their broadest edges, with-
out underpinning, perpendicular to the line of grade,
lengthwise and at right angles across the road, except in
the case of the stone under the macadam, which is next
to stone blocks or bridge stones, and stones where the road-
way beyond is not macadamized, which foundation stone
are to be placed with their longest side parallel to the curb
or bridge stones; after being set closely together, they
are to be firmly wedged by inserting and driving down
with a bar, in all possible places between them, stones of
the same quality, as near as practicable, of the same depth,
until all the stones are bound and clamped in proper posi-
tion; all the projections and irregularities of the upper
part of the pavement shall be broken off with a hammer,
care being taken not to loosen the pavement, and the spalls
and chips are to be worked and driven with the hammer
into all the interstices not already filled by the process of
wedging, so that the pavement, when completed, shall pre-
Chap. II. Agree't for Const' n: Specifications. 145
sent a sufficiently even, but not too smooth surface, and be
ten (10) inches thick under the macadam, except the line
of stone nearest the stone blocks, which shall be twelve
(12) inches, and eight (8) inches under the stone blocks
or new lines of bridge stone. No wedging shall be done
within twenty-five (25) feet of the face of the work that
is being laid and the stone foundations must be in a com-
pact and satisfactory condition in every respect at the time
of the spreading of the broken stone. The road bed must
be prepared for laying the telford at least fifty (50) feet
ahead of the work. The interstices of the telford over
which stone blocks or bridge stones are to be placed must
be thoroughly and completely filled with clean, sharp,
coarse sand.
After the stone foundation has been completed agreeably Macadamizing,
to these specifications and has passed the inspection of the
Engineer, a layer of broken stone of the quality and size
herein specified for the bottom course, and of such a depth
as will, when rolled, have a surface four (4) inches below
the surface of the broken stone when completed, irrespec-
tive of the finishing course, shall be spread evenly over the
foundation pavement, except where the stone blocks and
bridge stones are to be laid ; this layer is then to be rolled
until sufficiently compact with or without the sprinkling of
water, and in so doing as much dry screening of trap-rock
as can be introduced without separate stone, is to be rolled
into the stone so as to fill the interstices, and stone is to be
added or removed so as to make the surface practically
of the proper height.
The next overlying course will be of the stone herein-
before described for said course, and is to be spread at
such depth that the surface, when rolled, will be at the
proper grade irrespective of the finishing course ; this layer
is then to be rolled, and during the process of rolling,
similar stone is to be added or removed from time to time,
so that when the rolling ceases, the roadway is truly sur-
faced to the required grade and crown.
During the process of rolling the upper course of stone,
screenings shall be introduced dry or with the assistance
146 Chap. II. Agree 't for Const' n: Specifications.
of water applied in such manner and quantity as shall be
required, so that all interstices shall be entirely and com-
pletely filled with screenings, and as these screenings dis-
appear in the interstices of the stone with the rolling, fresh
screenings are to be added until all interstices are filled
and the surface of the pavement smooth and consolidated
and on the proper crown and grade. After the upper lay-
er has become thoroughly compact, there shall be spread
upon the surface so much screenings as will produce a
covering of one ( I ) inch in depth when rolled. The roll-
ing is to be continued until the surface is puddled and
water flushes on it, and the screenings shall be worked in
and through to such extent as is necessary for puddling,
after water flushes on the surface screenings to the depth
of one-half (y 2 ) inch shall be spread over the road, which
shall then be open to traffic.
The surface of any course shall be scratched, if required,
so as to obtain a proper bond with that next overlying.
Each of the different courses must be completed for the
distance of not less than fifty (50) feet before any of the
materials of the next succeeding course are laid.
Rolling. The rolling of the macadam stone and screenings shall
be done with a roller weighing not less than four thou-
sand (4,000) pounds to the foot of width.
Each layer of broken stone and the screenings shall be
well and thoroughly rolled, and the rolling upon each
layer shall be prosecuted, until, in the opinion of the En-
gineer, each course shall have been completed as herein-
before specified, and until each layer and the finished sur-
face shall be rolled and finished to his entire satisfaction
and approval.
During the rolling of the lower course of stone only
so much water shall be sprinkled thereon as is necessary
to prevent wearing by attrition ; but in rolling the upper
course of stone and the screenings, water is to be applied
in such quantities and in such manner as to completely
and compactly fill all interstices with screenings, and
soaked so as to secure a set and to produce the flushing
Chap. II. Agree' t for Const' n: Specifications. 147
hereinbefore referred to; and the screenings shall be
worked in and through to further secure this result, and
shall be applied to such extent as is necessary for pud-
dling. The sprinkling of the puddled course shall be
done from a cask or other receptacle, mounted on a two
wheeled cart, and in compacting and puddling this course
the cart shall be kept immediately in front of the wheels
of the roller.
After all the interstices of the stone are filled with
screening, forty-eight (48) hours may elapse before the
final puddling, if, in the opinion of the Engineer, better
results would be obtained thereby.
The rolling shall be prosecuted in such sections as shall
be directed, for the entire width of the wheelway, and a
length of fifty (50) feet at the end of each course shall,
when practicable, remain, as the work progresses, un-
covered by the next overlying course, and, when prac-
ticable, no rolling will be allowed within twenty-five (25)
feet of the end of any course. No rolling directly on the
telford will be allowed without special permission.
The pavement, when completed, shall be, when prac- Depth of
ticable, at each point of such construction, at least of such P avement -
a depth as required by the specifications, that is, eighteen
( 18) inches exclusive of the finishing course, and of such
crown and such form of gutter as shall be directed, and
in any case the thickness of the pavement is to be deter-
mined on a line at right angles to the grade and crown.
The use of a proper roller, rammers or other suitable
implement, is to be substituted for that of the steam-
roller when necessary.
The construction of the telford foundation and the
macadam pavement shall proceed so as to be equally ad-
vanced across the entire width of the space to be paved.
Particular care and attention will be required in obtain-
ing a satisfactory joining of the macadam paving and the
blocks in the gutters, and at the bridge stones.
148 Chap. II. Agree' t for Const' n: Specifications.
Unpaved streets. On unpaved streets, the filling over the work shall be
brought to a height not greater than the established grade
of the street, and the street surface restored to a condition
safe and suitable for public travel.
Cross walks.
Pavements ad-
joining the exca-
vation.
Broken stones to
be replaced.
Specifications do
not prohibit lay-
ing better pave-
ments under
special agree-
ments.
Wherever cross-walks are required across or adjoining
pavement that is to be relaid, the present bridge stones are
to be relaid, provided they are not broken in taking up
and are in a condition to use, as approved by the En-
gineer. They shall be redressed so as to be laid with
joints at the ends not exceeding one-quarter (14) of an
inch in width from the top to the bottom. Bridge stones
are to be firmly imbedded on a foundation of clean, sharp
sand and set and tamped in such a manner that they shall
admit of no further settlement. They must be true :o
line and grade, and so laid in courses that the transverse
joints will be broken by a lap of at least one (i) foot.
Paving, flag, bridge, curb and gutter stones adjoining
the excavation shall, where deemed necessary to secure a
true street grade, be taken up and relaid by the Contractor
at the time of repaving. Whenever any sidewalks or
curbstones are displaced, taken up or removed, they shall
be relaid by the Contractor in a manner similar to and in
a condition at least as good as existed previous to such
displacement or removal, and as soon as possible after the
completion of the work.
Whenever any paving, curb, gutter or flag-stones are
lost or broken, they shall be replaced by stones of similar
size and quality.
Nothing contained in these specifications shall be un-
derstood or construed as prohibiting the Contractor from
making any arrangement with the Commissioner of High-
ways, or such other officer of the City of New York who
may be in charge of street paving, to lay a better or other
form of street pavement ; or to make an arrangement with
any property owner to lay another style of sidewalk in
front of such premises, in place of the pavement or side-
walk taken up ; in which case the Contractor is to file with
Chap. II. Agree 't for Const' n: Specifications. 149
the Board a copy of its contract with such municipal offi- In case municipal
cer or with such property owner, duly acknowledged in owner
writing by both parties. In case the municipal officer in agree with
charge of street paving, or any property owner, desires to c
lay a pavement in any street, or a sidewalk along any
street, affected by this Contract, different from the one
removed, and shall notify the Board in writing that he
has failed to make satisfactory arrangements for such
work with the Contractor, then the Board in its discretion
may direct the Contractor to finish and dress off the filling
over its work to such grade as the Engineer may select,
and further direct it to remove from the street all stones
of whatever nature not required to be relaid, and to per-
mit another contractor to lay such pavement or sidewalk ;
in which case the liability of the Contractor under this
contract shall cease as far as that part of its work is con-
cerned, whenever the Engineer shall report to the Board
that the instructions of the Board have been complied
with, exactly the same as if the Contractor had fully com-
pleted the repaving as hereinbefore provided. The Engi-
neer shall then report to the Board the number of square
yards of pavement thus disturbed but not relaid, and the
Board will deduct from the amount named in this con-
tract as the price to be paid to the Contractor, the sum of
one dollar and five cents ($1.05) for each square yard of
said pavement when the same is granite, and one dollar
and twenty cents ($1.20) for each square yard of said
pavement when the same is macadam.
In New Elm Street where the same is to be widened or No pavmg - m
regraded, the Contractor will not be required to relay the Elm Street,
pavement unless the work of widening and repaving shall
have been completed prior to his commencing work. It
will, however, remove the old material or store the same
for use by the parties owning the same, as directed by the
Board, and backfill with approved filling material to a
grade below that of the proposed pavement, as may be
ordered by the Board, and leave its work in such condi-
tion that the municipal officer in charge of street paving
or the abutting property-owners, may let contracts for
new pavements.
150 Chap. II. Agree 't for Const' n: Specifications.
Surface and
sub-surface
structures to
be supported.
20. MAINTENANCE OF STREET RAILROAD
TRACKS, MAINS AND OTHER SURFACE
OR SUBSURFACE STRUCTURES.
The Contractor shall at all times, by suitable bridging
or other supports, maintain and support in an entirely
safe condition for their usual service and to the reason-
able satisfaction of the owners, all elevated railroad struc-
tures, street tramways of whatever character, water and
gas mains, steam pipes, pneumatic tubes, electric subways,
sewers, drains, and all other surface or subsurface struc-
tures encountered during the progress of the work. The
sidewalks, curbs, areas and stoops along the line of the
work must also be protected from any injury; but should
any injury occur to any sidewalk, curb, area or stoop, the
Contractor shall fully restore the same to as good a con-
dition as existed before the injury was done.
Notice to be
given in advance
of commencing
operations.
Notice is to be given by the Contractor to all companies
and the proper city officials, owning or having charge of
surface or subsurface structures along any part of the
work, of its intention to commence operations .along such
part of the route, at least one (i) week in advance, and
the Contractor shall file with the Engineer at the same
time a copy of said notice; and it shall co-operate with
the proper officers or officials in charge of such structures
and shall furnish them with all reasonable facilities to In-
spect the methods of caring for their property.
Work, when done
by City or com-
panies owning
mains.
Whenever it becomes necessary to cut, move, change
or reconstruct any such structures, as named above, or
connections therewith, such work shall be done according
to the reasonable satisfaction of the owners of such pipes
or other structures, and should they so desire by the own-
ers themselves, at the expense of the Contractor;' such
expense not to exceed the actual cost of labor and ma-
terials used, together with a reasonable allowance for the
use of plant and tools not exceeding - seven and a half
per cent.
Chap. II. Agree 't for Const' n: Specifications. 151
All work of reconstruction or alteration if performed To be recon-
by the City or owners shall be done with reasonable dis- ^ without
patch and facilities are to be provided so that said work
will interfere as little as possible with the practical work-
ing and use of such structures. Failing to make such al-
terations within a reasonable time as shall be adjudged
by the Board, may be considered by the Contractor as a
waiver on part of said City or owners of the right to do
said work.
In the event of the companies or the City, being re- Right of corn-
quired to make any alteration to their structures as above
provided, or in case they shall consider it necessary or de-
sirable to make any further alterations in, or do any work
to or in connection with surface or sub-surface structures
owned by them or it, at the time the work under this con-
tract is in progress, the Contractor shall give said com-
pany or City all reasonable opportunity to perform such
work, provided such work or alteration for the benefit
solely of the owners of sub-surface structures does not
cause the Contractor any serious loss or delay, as shall be
determined by the Board.
21. STATIONS.
Contract Drawings Numbers C 26. to C 34. inclusive, Stations un-
are plans and details of two stations, the one for local der g round -
trains only and the other for local and express trains.
During the progress of the work the Board will issue ad-
ditional plans for the other ' stations to be built, which
plans shall be similar in principle to those shown in the
Contract Drawings above mentioned, differing, however,
in dimensions and details as rendered necessary by local
conditions, which plans shall become binding on the Con-
tractor as if prepared and issued at the time of signing
the contract. Or, if the Contractor prefer, it may prepare
plans of all or any of the stations and submit the same to
the Board, and if their approval be obtained to such plans,
or to such plans as amended by them, then the Contractor
Stations on
viaducts.
152 Chap. II. Agree 't for Const' n: Specifications.
may use such plans, or plans as amended, in lieu of the
plans shown in Contract Drawings Numbers C 26. to
C 34., inclusive, and the other Contract Drawings of the
other stations as contemplated above. Such plans, if pre-
pared by the Contractor must, in order to be approved,
describe stations at least as convenient, effective and at-
tractive in their general plan, arrangement and details
as the stations described in these specifications and in
the Contract Drawings Numbers C 26. to C 34., -inclusive.
Where local conditions permit, and the Board approve,
the Contractor will be permitted to build stations with
island platforms.
Stations on viaducts shall be built according to plans
and specifications furnished by the Board or according to
plans and specifications furnished by the Contractor and
approved by the Board. Such plans and specifications will
describe stations of the most convenient form according
to the local conditions, and with an attractive and artistic
appearance. The platforms shall be of the same length
as for the stations underground, and the stairways leading
to the same shall start from both sides of the street, or
from both sides of the cross streets in the case of two
sided stations located at the intersection of streets. Plat-
forms and stairways shall be as wide as the local circum-
stances permit, and shall be covered for their full length.
All materials used in the construction of such stations
shall be of the best class as ordinarilv used for such work.
Vault lights. The roof of the stations, where under the sidewalks,
shall, to as great an extent as possible, consist of what
are known as vault lights. These lights shall be made of
cast-iron frames, with lenses not exceeding two (2 s )
inches in diameter, of strong glass set in cement, all of
design approved by the Engineer ; which frames shall be
of sufficient strength to carry, when supported in a man-
ner similar to that in which they are to be permanently set,
an equally distributed load of at least five hundred ( 500")
pounds per square foot without signs of failure, deforma-
tion or permanent set, when such test load is removed.
The right is reserved to test at least one d) frame in
Chap. 11. Agree' t for Const' n: Specifications, i^
every ten (10) delivered, as selected by the Engineer.
Should the one selected fail, another will be selected by
the Engineer; and, if that fail, then the whole lot may be
rejected. These frames must be set in place with ce-
ment, lead or other means to be absolutely waterproof, as
tested by a hose with one-half (^2) inch nozzle and hy-
drant pressure.
In order to prevent any leaks and as far as possible Walls,
condensation, the Contractor must exercise great care in
the construction of station walls and roofs. The walls
above the platform level, when acting as retaining walls,
shall be built of brick or concrete with a waterproof lay-
er, all as described under the appropriate clauses in these
specifications. The walls shall be faced with enamelled
hollow bricks. If such hollow bricks can not be obtained Hollow bricks,
of quality satisfactory to the Engineer, then at a distance
of one ( i ) inch from the interior face of such walls there
shall be built a wall of enamelled bricks, or in place of
enamelled brick a wall not less than four (4) inches thick
of hollow brick, the exterior face of which shall be cov-
ered with enamelled tiles. The interior wall may be
stayed by header bricks abutting against the main wall,
such header bricks occurring not oftener than one (i)
inch in each square yard. The hollow spaces in the walls
shall be connected at the bottom by a pipe furnished with
a stopcock and leading to the drain.
The floors of stations shall be of some approved form Floors,
of cement or artificial stone, and shall be sa arranged as
to drain to one or more points as directed, where suitable
and proper provision shall be made for the removal cf
water used in flushing the same. In the designs of sta-
tions all corners formed by intersecting walls shall be
avoided by joining these walls by curves of large radius.
In order that such curved surface shall present a smooth
and workmanlike finish, the Contractor shall supply spe-
cial bricks or tiles properly curved to the radius used ; and
where the sidewalls join the floor the corners shall be
rounded by specially made bricks or tiles curved to a
Ceilings.
Stairways.
Ventilators.
Waterclosets.
154 Chap. II. Agree' t for Const' n: Specifications.
radius of at least two (2) inches. All details of the sta-
tions must be so arranged as to facilitate cleaning, and to
permit if desired a thorough washing of all parts of the
stations and their approaches by means of a hose.
The ceilings of stations where not made by vault lights
shall be made as follows: The roof shall be formed in
the ordinary manner as the roof of the railway, that is,
of brick or concrete jack arches, all carefully water-
proofed. The interior surface shall be made of wood,
plaster on expanded metal laths, 'or some non-conducting
material approved by the Board. This material, of what-
ever nature, shall be of the best quality ordinarily used
for such purpose, and shall be attached to the flanges of
the roof beams so as to leave an air space behind the
same. The ceiling on the exposed surface shall be suit-
ably decorated. The stairways shall be of iron or of
sound and suitable stone, and furnished with the most
approved form of treads to prevent slipping. Wherever
possible there shall be two (2) stairways for each side of
each station, and all stairways shall be of as great a width
as the local conditions will satisfactorily permit and as
the Board may approve. Where the presence of area-
ways or other openings permits there shall be louvre ven-
tilators of glass of approved design placed immediately
beneath the ceiling of stations. These louvres shall be in
height not exceeding three (3) feet, shall extend in length
as great a distance as the local circumstances shall permit,
unless otherwise ordered by the Board, and shall be so ar-
ranged as to exclude storm water.
The ticket booths, railings, doors and other details are
to be of wood, brass and glass, and designed and con-
structed with skill and in a manner approved by the
Board.
Each side of every station, unless otherwise ordered by
the Board, shall be equipped with two (2) waterclosets
plainly marked for the use of women and men respective-
ly. They shall be finished with bowls of sanitary design
and approved make, and supplied with a good flushing
device. In addition to the bowl the closet for the men
Chap. II. Agree 't for Const' n: Specifications. 155
shall be furnished with a urinal and special flush for the
same, all of approved design. The doors leading to these
closets shall be equipped with good self-closing springs.
Each closet shall have a ventilating pipe leading direct to
the outer air, and covered by a suitable cast iron grating
to set in the sidewalk or other place, and furnished with
a small automatic exhaust fan. The bowls and urinals
shall be connected by means of cast iron drain pipes to
the main sewer. These drains shall be furnished with
sufficient traps of approved design, set close to the fixt-
ures, which traps shall be back-aired in an efficient and
workmanlike manner, such back-air pipes terminating in
the sidewalk or other approved situation, and covered by
suitable galvanized iron gratings.
Both sides of every station shall have connection with Water con-
the Croton water main so as to permit the attaching of *
hose or hoses for the flushing and washing of all parts of
the station and platform, waiting rooms and stairways.
In certain stations it will be necessary to pass sewers Sewers and pipes.
or pipes, or both, beneath the station platforms, and in
order to reach the same for the purpose of inspection and
repair, cast iron frames capable of being lifted, of such
size and design as the Board may prescribe, shall be in-
serted in the floor, and the concrete of the floor so laid
as to be exactly flush with the same.
Whenever it is necessary to suspend from the ceilings
of any station or stations, pipes for the conveyance of
water, gas, air, electric cables or other materials, the same
shall be of wrought iron or steel in lengths of at least
twenty (20) feet between joints. The joints and manner
of attaching and supporting such pipes shall be as per-
mitted by the Engineer. Water mains shall be encased
in asbestos or other approved non-conducting material
and all exposed mains or pipes shall be suitably painted.
Wherever station platforms are located at a depth or Elevators,
height exceeding thirty (30) feet from the surface of the
Lighting.
Decoration.
156 Chap. II. A greet for Const' n: Specifications.
street, the Contractor shall, if required by the Board, es-
tablish an approved plant of elevators not exceeding four
(4) in number, each elevator being of sufficient size to
carry at least twenty-five (25) persons.
The Contractor shall submit to the Board a system of
lighting the stations to be approved by them before being
put into operation. The lights are to be located as far
as possible by being sunk in recesses in the ceiling or be-
hind mouldings, so as to be sheltered from direct obser-
vation, and to furnish light by reflection. The lights
must be of sufficient number and so situated as to light
the stations, platforms and bridges in a thorough manner.
The stations must be finished in a decorative and at-
tractive manner, such as is consistent with and suitable to
buildings of such character. The general effect is to be
light, avoiding any gloomy suggestion. To produce such
an appearance the color of the enameled bricks or tiles
shall be white or approaching white, except as bricks or
tiles of other color are introduced for architectural effect.
The ceilings are to be decorated in a suitable and attrac-
tive manner, and tinted a light color.
Where located.
Extent.
Surface to be
graded.
22. TERMINALS.
Terminal grounds shall be located by the Contractor
subject to the approval of the Board, and shall be suffi-
cient in area to permit the construction of machine repair
shops, transfer and turntables, and other terminal appur-
tenances, and storage tracks having a mileage of not less
than five (5) miles and capable of storing such equipment
as will be furnished under this contract, and such reason-
able additions thereto as are likely to be made within ten
( 10) years next ensuing from the completion of the work.
The surface of such ground shall be improved by ex-
cavating, filling, or other grading as ordered by the
Board, in order to put the same in proper condition for
use.
Chap. II. Agree' t for Const' n: Specifications. 157
Buildings, transfer and turntables and similar ter- Permanent im-
minal appurtenances of a permanent character shall be
constructed according to the plans and specifications fur-
nished by the Board, or according to the plans and speci-
fications to be furnished by the Contractor and approved
by the Board.
All buildings shall be constructed of steel, brick, or Fire proof
other fireproof materials, and shall present an attractive
appearance.
All machinery and other equipment in connection with Machinery and
, i .,,. ., , equipment owned
such buildings or other terminal appurtenances are to be {, contractor.
furnished and owned by the Contractor along with the
equipment as contemplated by the Statute and called for
by this contract.
Sidetracks of substantial character shall be constructed Sidetracks,
on the terminal grounds. These sidetracks shall have a
combined length sufficient to hold all the rolling stock
furnished by the Contractor, and shall be so laid out and
placed as to permit their convenient operation, and the
inspection and cleaning of the cars while stored thereon.
23. EQUIPMENT.
Full and sufficient equipment, including all rolling stock, Furnished by
motors, boilers, engines, wires, subways, conduits and contra ct r -
mechanisms, machinery, tools, implements and devices of
every nature whatsoever, used for the generation or trans-
mission of motive power, and including all power houses,
real estate necessary therefor, or for the generation or
transmission of motive power, and all apparatus for sig-
nalling and ventilation, are to be provided by the Con-
tractor at its expense, as provided in the Statute.
The amount of such equipment shall be at least suffi- Amount required,
cient to supply at one time trains of three (3) cars on the
local lines at two (2) minute intervals, and trains of four
(4) cars on the express lines at five (5) minute intervals,
each car having a minimum seating capacity of forty-eight
(48) persons.
158 Chap. II. Agree 't for Const' n: Specifications.
Power.
Cars.
Signals.
Ventilation.
Equipment to be
approved.
The motive power of such equipment shall be of such
a character as not to require combustion in the tunnels or
on the viaducts. The motors shall have sufficient power
to haul on level gradients, in addition to their own weight,
a train of five (5) cars, at an average speed of thirty-five
(35) miles an hour, with stations one and a half (i^/a)
miles apart, allowing ten (10) seconds for the duration of
each stop.
The cars shall be so constructed as to facilitate to the
utmost a quick discharge and loading of passengers. Both
motors and cars shall be designed to have a handsome and
attractive appearance, both within and without, and be
constructed of the best material and workmanship; and
special care must be taken to avoid all loose or rattling
parts that might produce noise. Extra provision must be
made for the thorough ventilation of all cars.
The signalling devices shall be of the most approved
and reliable character, preference being given to a system
which will automatically bring a train to a stop in the
event of the man in charge failing to obey a danger signal.
The Contractor shall so construct the tunnel, cars and
equipment and provide them with such devices for venti-
lation that they will be supplied at all times with pure,
wholesome air. In addition to the openings to be con-
structed at stations, the Contractor shall construct at least
two (2) such blowholes as shown on Contract Drawing
No. C 10. between every two stations on the tunnel por-
tion of the Main and West Side Lines between Sixtieth
street and One hundred and fiftieth street. The Con-
tractor may construct other blowholes and ventilating
shafts and such other constructions as, in the opinion of
the Contractor, may be needed to give an efficient system
of ventilation and as may be approved by the Board.
The general plans of the equipment, including designs
for cars, devices for signals and ventilation, must be sub-
mitted to the Board and approved by it, both as to design
and quantity, and furthermore, the construction of the
Chap. II. Agree' t for Const' n: Specifications. 159
equipment must be similarly approved as to material and
workmanship.
24. GENERAL CLAUSES.
All materials and workmanship must be of the best Materials and
class in every respect as ordinarily used for such work workmanship,
where applied, and the Engineer is to be the sole judge of
their quality and efficiency.
Wherever necessary the Contractor' shall erect and Fences,
maintain at its own expense fences for the protection of
adjoining property and of the adjoining public places.
At its own expense and under the direction of the En- Work to be
gineer, the Contractor is to clear the work, streets and cleared -
all public places occupied by it from all refuse and rub-
bish, and leave them in a neat condition.
Wherever the Contractor is absent from any part of Orders given in
the work where it may be necessary to give instructions, Contractor's
orders will be given by the Engineer to and shall be re-
ceived and obeyed by the superintendent or overseer of
the Contractor who may have charge of the particular
work in relation to which the orders are given, and a
written copy of such orders will be forwarded to the Con-
tractor by the Engineer without delay.
The principal lines and grades are to be given by the Lj nes and grades.
Engineer, who may change them from time to time as
may be authorized and directed by the Board. The stakes
and marks given by the Engineer must be carefully pre-
served by the Contractor, which must give to the Engineer
all necessary assistance and facilities for establishing
benches and plugs for making measurements.
Any inefficient or imperfect work which may be dis- Imperfect work.
covered before the final acceptance of the work, shall be
corrected immediately on the requirement of the Engineer,
notwithstanding that it may have been overlooked by the
proper inspector.
160 Chap. II. Agree' t for Const' n: Specifications.
Damaged work
to be replaced.
In all work of whatever kind, which during its progress
and before its final acceptance, shall become damaged
from any cause, so much of it as may be objectionable,
shall be broken up or removed, and be replaced by good
and sound work.
Notice to be
given to Engi-
neer prior to
commencing
construction.
Before commencing work on any part of the route,
whether on the railway or on the sewers lying off the
line of the railway, the Contractor shall give notice in
writing to the Engineer at least one (i) week in advance
of its intention to commence such operations ; and before
commencing manufacture, or resuming manufacture if
the same has been suspended, of any article called for by
these specifications, notice shall be given to the Engineer
in writing at least one (i) week in advance, with the
name and address of the mill and the amount and descrip-
tion of the material to be manufactured, in order thin
proper inspection may be arranged for.
Commencement
to be postponed.
If so requested by the Engineer in writing, counter-
signed by the President of the Board, a further reasonable
delay in commencing work or manufacture must be grant-
ed, such delay to extend the time of completing this con-
tract as named herein.
Conveniences.
Ordinances and
regulations.
Necessary conveniences, properly secluded from public
observation, shall be constructed wherever needed for the
use of laborers on the works, to the satisfaction of the
Engineer and the sanitary authorities.
In all operations connected with the work, all ordi-
nances of the City authorities, and of the Board of Health,
which shall be valid and operative with respect to work
9n the Rapid Transit Railroad, and the valid regulations
of the officers of the United States in charge of the navi-
gable waters in and about the Harbor of New York, and
all laws of this State which are now applicable and control
or limit in any way the actions of those engaged in the
work or affecting the materials belonging to them, must
be respected and strictly complied with
Chap. II. Agree' t for Const' n: Specifications. 161
If the work or any part thereof, or any material found Removal of
or brought on the ground for use in the work or selected tSff" 111 ^ ~
for the same, shall be condemned by the Engineer as un-
suitable or not in conformity with the specifications, the
Contractor shall forthwith- remove such materials from
the work and rebuild or remedy such work as may be
directed by the Engineer.
The Contractor shall employ only competent, skillful Competent men to
and faithful men to do the work. Whenever the Engi- be employed,
neer shall notify the Contractor in writing that any man
on the work is in his opinion incompetent, unfaithful or
disorderly, such man shall be discharged from the work
and shall not again be employed on it.
25. SECTIONAL CONSTRUCTION.
The foregoing specifications and all drawings have, for
convenience, been prepared without regard to the con-
struction of the Railroad in sections. All of the specifi-
cations and drawings shall, so far as applicable, apply to
each section which the Contractor shall be bound to con-
struct.
26. TRADE COMBINATIONS, ETC.
In the event of difficulty arising through trade com- Contractor pro-
binations, or otherwise, preventing the purchase on fair tected from
trade combma-
terms, as determined by the Board, of any article called tions.
for by these specifications, then the Board may upon the
request of the Contractor adopt such alternative require-
ments as it shall deem proper.
1 62
CHAPTER III. THE LEASE.
Description of The City hereby lets the Railroad to the Contractor
Railroad.
for the term hereinafter mentioned. The Railroad here-
by leased includes the railway constructed under the
Routes and General Plan thereof prescribed by the reso-
lutions of the Board adopted on the I4th day of January
and the 4th day of February, 1897, together with ter-
minals, stations and all other appurtenances whatsoever
of the said Railroad, but not including the Equipment
thereof, Provided, however, that the railroad leased shall
be deemed to include only Section I unless and until the
City shall determine, as prescribed in Chapter I, General,
to construct Section II, whereupon the railroad leased
shall be deemed to include only Sections I and II unless
and until the' City shall determine, as prescribed in Chap-
ter I, General, to construct Section III, whereupon the
railroad leased shall be deemed to include Sections I, II
and III unless and until the City shall determine, as pre-
Chapter III. The Lease. 163
scribed in Chapter I, General, to construct Section IV,
whereupon the railroad hereby leased shall be deemed to
include all four sections.
The Contractor hereby agrees to equip, maintain and Term of Lease,
operate the Railroad during the whole of the said term.
The said term shall be fifty (50) years, and shall run
from the date on which Section I of the Railroad shall
be declared by the Board to be ready for operation, pro-
vided, however, that, if the Railroad shall include Sec-
tions II, III and IV, or any of them, the term of the
Lease as to each of such sections so included shall begin
on the date or dates on which it shall be declared by the
Board to be ready for operation and shall end at the end
of the said first mentioned tern) of fifty years.
The Contractor shall surrender possession of the Rail- Contractor to
surrender Posses-
sion at End of
road at the end of the said term of fifty years or at the Lease.
earlier termination of this Lease, as herein provided.
The Contractor shall pay to the City rental for the Rail-
road, which rental shall consist of the following :
( i ) An annual sum equal to the annual interest payable Rental -
by the City upon all bonds which shall be issued by it in
164 Chapter III. The Lease.
order to provide means for Construction. The amount
of such interest shall be ascertained as of the time when
the Railroad shall be declared by the Board to be ready
for operation ; but it shall be increased from time to time
by the amount of the annual interest payable by the City
for all bonds which, after the date when the Railroad
shall be so declared to be ready for operation, shall be
issued in order to provide means for Construction. The
amount or amounts payable under this subdivision shall
not be subject to decrease by reason of the refunding by
the City at lower rates of interest of any of the bonds
issued as aforesaid. Bonds issued in order to provide
means for Construction shall be deemed to include bonds
issued to pay interest on bonds theretofore issued pur-
suant to this Contract under the provisions of section 34
of the Rapid Transit Act; but shall not be deemed to in-
clude bonds issued to pay for rights, terms, easements,
privileges or property other than lands acquired in fee.
(2) A further annual sum which shall be equal to one
per centum upon the whole amount of the said bonds
(with the exceptions above mentioned) except that the
Chapter III. The Lease. 165
annual payment in excess of such interest shall, for each
year during the period oi five (5) years from the date at
which the payment of rental shall begin, be such sum not
exceeding such one (i) per centum as shall be equal to
the excess of the profits of the Contractor for such year
in the operation of the Railroad over five (5) per centum
upon the capital of the Contractor invested in the enter-
prise, and except further that for each year during a sec-
ond and immediately succeeding period of five (5) years,
there shall, in lieu of such one per centum, be paid one-
half ( l / 2 } of such one (i) per centum and in addition an
amount not exceeding one-half (^2) of such one (i) per
centum which shall be equal to the excess of the profits
of the Contractor for such year in the operation of the
Railroad over five (5) per centum per annum upon its
capital invested as aforesaid.
The Rental shall begin as to each Section with the date
of the declaration of the Board that such Section is ready
for operation and shall be payable at the end of each quar-
ter on the first days of January, April, July and October.
During the first ten ( 10) years of the said term of fifty when Contractor
to state net Pro-
(50) years, the Contractor shall deliver to the Comp- ceeds of Operation.
troller at the time each payment of Rental is due a state-
166 Chapter III. The Lease.
ment in form and with details to be prescribed by the
Board, the same to be verified under oath by the Con-
tractor or by the treasurer of the Contractor, or, in case
of his absence or inability, then by its president, or other
chief officer or manager, showing for the preceding quar-
ter,
(1) The amount of Capital of the Contractor in-
vested in the enterprise not including borrowed
money however secured.
(2) The gross receipts from the operation of the
Road.
(3) The operating expenses of the road including
actual expenditure for repairs and maintenance and
interest on borrowed money, but without allowance
otherwise for wear or tear or deterioration.
The profits shall be determined by deducting from the
gross receipts the operating expenses as above defined.
After the expiration of the said period of ten ( 10) years
the Contractor shall deliver to the Comptroller at the
quarterly times above mentioned a statement verified as
Chapter III. The Lease. 167
above provided, showing its gross receipts for the preced-
ing quarter from the operation of the Road.
The Comptroller or the Board shall have the right to
verify any of the said statements by an examination of the
Contractor's books and the examination under oath of any
of its officers or servants ; and the Contractor hereby cove-
nants that its officers and servants shall submit to such
examination and produce such books whenever and wher-
ever they may be. reasonably required by the Board or
\
Comptroller.
The Contractor by Chapter II of this contract has Contractor's
Assurance of
Character of
agreed to itself construct the Railroad so that the same Railroad.
shall be an intra-urban railway of the very best character
according to the highest modern standard, in respect of
safety, speed and convenience and in all other respects.
The Contractor covenants to and with the City that at the
time or times the Lease shall begin the said Railroad so
far as declared by the Board ready for operation shall be
a railway of the character aforesaid ready for immediate
and continuous operation, and that the same shall, at the
time of the commencement of the said term or terms, be
a railway in all respects conforming to all and every of
the requirements of the Lease. The Contractor admits
Contractor to
observe highest
Standard of
Railway
Operation.
1 68 Chapter III. The Lease.
that at the commencement of -its Operation of the Rail-
road under the Lease it will have a complete knowledge
thereof and a knowledge ampler than that of the City or
any official thereof. The Contractor shall at no time and
in no event be at liberty to object to the plans or specifi-
cations upon which the Railroad has been constructed, or
the manner of its construction, maintenance or operation.
The Contractor covenants to and with the city that the
Contractor will, during the term of the Lease, operate the.
Railroad carefully and skilfully according to the highest
known standards of railway operation.
It further covenants to do all the things which in this
Contract is provided that it shall do.
Trains, their The Contractor shall run trains of two kinds, local
Speed, Frequency,
&c.
trains and express trains. Ihe local trains shall be run
at a speed on the average, stops at stations included, of
not less than fourteen (14) miles per hour. The express
trains shall be run on the average, stops at stations in-
cluded, at a rate of not less than thirty (30) miles per
hour. The Contractor shall, so far as is practicable, meet
all reasonable requirements of the public in respect of fre-
quency and character of its railway service to the full
Chapter III. The Lease. 169
limit of the capacity of the Railroad. Between the hours
of half-past eleven and one o'clock at night and between
five and six o'clock in the morning trains shall be run by
the Contractor stopping at all stations at intervals of not
less than ten (10) minutes. Between the hours of one
o'clock and five o'clock in the morning trains shall be
run, stopping at all stations at intervals of not less than
fifteen (15) minutes.
The Contractor shall operate the Railroad with the Safety,
highest regard to the safety of the passengers and em-
ployees thereof and of all other persons. Mechanical
and other devices for safety shall be of the very best
known character. The Contractor hereby covenants to
and with the City that it will save the City harmless of
and from all claims of every nature arising from injuries
to passengers, employees or other persons by reason of
negligence on the part of the Contractor or of any of its
employees, and all other claims by reason of operation of
the Railroad, except those against which the City by this
contract assures the Contractor.
The Contractor shall during the term of the Lease keep Repairs,
the Railroad and its Equipment and each and every part
170 Chapter III. The Lease.
thereof in thorough repair, and shall restore and replace
every part thereof which may wear out or cease to be
useful, so that at all times and at the termination of the
Lease the Railroad shall be in thoroughly good and solid
condition and fully and perfectly equipped presently ready
for continuous and practical operation to the full limit of
its capacity. If at any time the Board or its Engineer
shall notify the Contractor of any loss, wear, decay or
defect in the Railroad or the Equipment, such loss, wear,
decay or defect shall forthwith be completely remedied
by the Contractor at its own expense, so far as the same
interferes or is inconsistent with the thoroughly good or
solid condition of the Railroad or its Equipment as afore-
said, or with the continuous or practical operation thereof
to its full limit as aforesaid. If the Contractor shall un-
reasonably fail or refuse to so forthwith completely rem-
edy such loss, wear, decay or defect, the Board may in
such manner, whether by contract or otherwise, as it may
deem proper, procure such losss, wear, decay or defect to
be supplied and remedied, and for such purpose shall be
entitled, so far as it shall deem necessary or convenient, to
Chapter III. The Lease. 171
enter upon the premises ; and the Contractor shall forth-
with, upon the demand of the Board, pay to the City the
entire cost incurred by the City in supplying such loss or
wear or in remedying such decay or defect.
The Contractor shall keep the stations, tunnels and all Contractor to
keep Railroad in
good Condition.
other parts of the Railroad clean, free from unnecessary
dampness, and in that and in all other respects in thor-
oughly good order and condition. The Contractor shall
promptly remove from the stations and their approaches,
including the sidewalks immediately adjoining the ap-
proaches, all ice and snow and all other obstructions or
hindrances.
The Contractor shall not permit advertisements in the Advertisements
etc., to interfere.
stations or cars which shall interfere with easy identifica-
tion of stations or otherwise with efficient operation.
The Contractor shall suitably and thoroughly light and ^^ c a d rs he &c
heat the stations and cars of this Railroad ; and they shall
be so lighted that passengers may conveniently read there-
in. Such light and heat shall be provided by electricity
or such other illuminating and heating agent, as may be
approved by the Board.
172 Chapter III. The Lease.
Waiting Rooms. The Contractor shall keep the waiting-rooms in clean
and comfortable condition, and provide therein proper
seating capacity and good drinking water. The Con-
tractor shall provide in connection therewith sufficient
and' suitable water-closets, and keep the same in sanitary
condition.
Ventilation. The Contractor shall cause all tunnels, stations and
cars of the Railroad to be thoroughly ventilated with pure
air.
Tunnels to be
lighted.
Motive Power.
The Contractor shall keep all tunnels sufficiently lighted
at all times to permit the tracks and walls and roofs of the
tunnels to be clearly visible for inspection.
The motive power shall be electricity or compressed
air, which shall be so used as to involve no combustion in
the tunnels or any injury to the purity of the air in the
tunnels, Provided, however, that, if, in the future devel-
opment of the railway art, any method of generating or
transmitting power superior to electricity and involving
no combustion or other injury to the purity of the at-
mosphere in the tunnels or in the cars shall be discovered
to be practicable, then the Contractor shall have the right
to adopt such different method if approved by the Board
Chapter III. The Lease. 173
But if the Contractor shall adopt such different method,
then the Contractor shall provide and maintain equipment
for the generation and transmission of power by such
different method at least equal in completeness, efficiency
and durability to the Equipment as provided to be used
at the commencement of the term of the Lease. Any
such change of motive power shall be made only upon
general and detailed plans and specifications which shall
have been submitted by the Contractor to the Board at
least two (2) months before any such change shall be
made.
The Contractor shall at all times provide all reasonab!e Inspection,
conveniences for the inspection of the Railroad and
Equipment and every part thereof by the Board, its mem-
bers, its engineers and subordinates. The members of
the Board, its engineers and subordinates shall at any
time upon its authority have access to any part of the
Railroad or Equipment, or to any materials therefor in
process of manufacture.
The Contractor shall at all times provide, in quantities Character of
Rolling Stock.
amply sufficient for the travel to the full capacity of the
Railroad, cars, rolling stock and other parts of the Equip-
icnt of the best character known at the time to the art
174 Chapter III. The Lease.
of intra-urban railway operation. In case of any such
neglect the Board may, upon notice, require the defect to
be made good ; and, if the defect shall not forthwith and
upon such notice be made good, then the Board shall be
at liberty, either by contract or otherwise as it may see
fit, to make good such defect ; and in so doing the Board
shall, so far and for such time as may be necessary or
convenient, be entitled to enter upon or take possession of
any part of the Railroad or Equipment. The Contractor
shall forthwith repay to the City the cost to which it shall
be put in making good any such defect.
The Contractor shall at all times keep upon the Rail-
road, cars, motors and other equipment which shall, to the
limit of the capacity of the Railroad, be adequate to the re-
quirements of the travelling public.
Rolling Stock to The Contractor shall, before the declaration of the
be adequate.
Board that the Railroad is ready for operation and be-
fore the Contractor shall be entitled to the final payment
for construction, file with the Board in duplicate a true
schedule of the Equipment of the Railroad. Such sched-
Schedules of
Equipment to be
filed. ule shall be in detail and shall be prepared in such form
as may be prescribed by the Board. After the operation
Chapter HI. The Lease. 175
of the Railroad shall have been begun the Contractor shall
within thirty days after the first day of January and the
first day of July respectively in each year file a like sched-
ule showing in detail all of the Equipment on such first
day of January or first day of July respectively. Every
such schedule shall be verified by the affidavit of the gen-
eral manager or other officer of the Contractor who shall
be in the general care and control of the Equipment, and
who shall in such affidavit state that he is in such general
care and control.
The Equipment shall be kept by the Contractor in thor-
Equipment to be
oughly good order and repair ; and the Contractor hereby Qr^er" g d
expressly covenants to and with the City that the Con-
tractor will not at any time within three (3) years before
the end of the term of the Lease permit the Equipment to
be less in quantity or inferior in quality to the Equipment
as it shall have been at any prior time during the term
of the Lease.
The lien of the City upon the Equipment shall be appli- City's Lien on
Equipment.
cable to all Equipment at any time provided by the Con-
tractor during the term of the Lease in like manner as to
the Equipment provided by the Contractor prior to the
commencement of said term.
176 Chapter III. The Lease.
Freight may be The Contractor may use the Railroad for the carriage
carried.
of freight or express matter, Provided, however, that such
use shall not to any extent or in any way interfere with the
use of the Railroad to its fullest capacity for all passengers
who shall desire to be carried upon it. Nor shall the Con-
tractor make any use of the Railroad or any part of it or
of its Equipment which shall to any extent or in any way
t
interfere with such use to its fullest capacity for passen-
gers.
Fares. The Contractor shall during the term of the Lease be
entitled to charge for a single fare upon the Railroad the
sum of five (5) cents but not more. The Contractor
may provide additional conveniences for such passengers
as shall desire the same upon not to exceed one (i) car
upon each train, and may collect from each passenger in
such car a reasonable charge for such additional conven-
ience furnished him, provided that the amount to be
charged therefor and the character of such additional con-
venience shall from time to time be subject to the approval
of the Board. The Contractor may provide not to exceed
one ( i ) car in each train for persons smoking.
Chapter III. The Lease. 177
If the Contractor shall default in paying the rental here- Powers of City
on Default of
Contractor,
in provided or shall fail to observe, keep and fulfill the
conditions, obligations and requirements of the Lease or
any of them, the City shall have all the remedies provided
in that case by Chapter I. of this contract.
At the termination of the Lease, (or if the same shall. City to buy
Contractor's
Property at End
at any time not less than one (i) year before the expira- O f Term.
tion of the term of the present lease, be renewed by
agreement between the City and the Contractor, then upon
the expiration of said renewal thereof) the City shall buy
and the Contractor shall sell, the whole of the property of
the Contractor employed in and about the equipment,
maintenance and operation of the Railroad. The right of
the City so to buy shall be protected by its lien upon
Equipment as aforesaid. Such purchase and sale shall
be at a reasonable price, due regard being had to the con-
dition, wear and tear of the property. Such price may-
be fixed by agreement between the Board and the Con-
tractor ; but if they shall not agree then such price shall be
fixed by arbitration, or, if either party shall object to ar-
bitration, or if the terms or procedure of arbitration shall
178 Chapter III. The Lease.
not be agreed upon, or if the arbitration shall fail, then
by appropriate suit or proceeding in the Supreme Court
of this State. The City shall have the right at the ter-
mination of the Lease, whether or not the price shall have
been ascertained or paid, to take possession and use and
operate all such property of the Contractor, but subject,
however, to its liability to pay the value thereof to be
ascertained as aforesaid with interest from the time of tak-
. ing possession.
Lease when ^he Lease shall not be assignable by the Contractor
Assignable.
without the written consent of the Board concurred in by
six (6) of its members.
Right to Renewal. Upon the written demand of the contractor or its lawful
assignee delivered to the Board not more than two (2)
years and not less than one ( I ) year before the expiration
of the term of this Lease, the Contractor shall be entitled
to a renewal hereof for the term of twenty-five (25) years.
Such renewal lease shall be in the same form as this lease
except that, in lieu of the term or terms of duration of
this lease, such renewal lease shall be for the term of
twenty-five (25) years from the date of the expiration cf
Chapter III. The Lease. 179
this lease, and except further that such renewal lease shall
contain no provision for a renewal and except further
that the amount of the annual rental shall be an amount
not less than the average amount of the annual rental for
the ten (10) calendar years of the lease next preceding
the Contractor's demand for renewal, and that the amount
of such rental, subject to such minimum limit, shall be
agreed upon between the Board and the Contractor or its
assignee or, if they shall not agree, then the amount of
such rental shall, subject to such minimum, be fixed by
arbitration or, if either party shall object to arbitration
or, if the terms of procedure shall not be agreed on or if
the arbitration shall fail, then by an appropriate suit or
proceeding in the Supreme Court of this State.
i8o
In WitnCSS WbCrCOf this contract has been
executed for the CITY OF NEW YORK by its BOARD OF
RAPID TRANSIT RAILROAD COMMISSIONERS under and by
a resolution duly adopted by the said Board, and the seal
of the said BOARD has been hereto affixed and these pres-
ents signed by the President and Secretary of the said
BOARD ; and the CONTRACTOR has hereto set his hand and
seal the day and year first above written.
THE BOARD OF RAPID TRANSIT RAIL-
ROAD COMMISSIONERS,
by A. E. ORR,
[SEAL.] PRESIDENT.
ATTEST :
BION L. BURROWS,
SECRETARY.
JNO. H. STARIN,
WOODBURY LANGDON,
G. L. RIVES,
CHAS. STEWART SMITH,
MORRIS K. JESUP,
ROBT. A. VAN WYCK,
MAYOR OF THE CITY OF NEW YORK.
BIRD S. COLER,
COMPTROLLER OF THE CITY OF NEW
YORK. .
[SEAL.] JOHN B. McDONALD.
STATE OF NEW YORK, \
COUNTY OF NEW YORK. >
On this 24th day of February, 1900, at the said city,
before me personally appeared Alexander E. Orr and
Bion L. Burrows, to me known and known to me to be,
the said Alexander E. Orr, the President, and the said
Bion L. Burrows, the secretary of the Board of Rapid
Transit Railroad Commissioners of the City of New York ;
and the said Alexander E. Orr and Bion L. Burrows, be-
ing by me duly sworn, did depose and say, each for him-
self and not one for the other, the said Alexander 'E. Orr,
that he resided in the Borough of Brooklyn, in the said
City, that he was the president of the said Board and
chat he subscribed his name to the foregoing contract by
virtue of the authority thereof ; and the said Bion L. Bur-
rows that he resided in the Borough of Brooklyn, in the
said City of New York, that he was the secretary of the
said Board, and that he subscribed his name thereto by
like authority ; and both the said Alexander E. Orr and
Bion L. Burrows that they knew the seal of the said Board
and that the same was affixed to the foregoing instrument
by the authority of the said Board and of a resolution
duly adopted by the same.
1 82
And on the same day, at the said county, before me
duly appeared John B. McDonald, to me known and
known to me to be the person and Contractor named in
and who executed the foregoing contract, and acknowl-
edged to me that he executed the same.
A. W. ANDREWS (36),
Notary Public,
Notarial
Seal.
N. Y. Co.
Invitation to Contractors.
OFFICE OF THE BOARD OF RAPID TRANSIT }
RAILROAD COMMISSIONERS OF THE CITY v
OF NEW YORK, J
No. 32O Broadway, New York City,
, 189V.
The City of New York (hereinafter called the City),
acting by its Board of Rapid Transit Railroad Commis-
sioners, proposes to build a rapid transit railroad in the
City of New York. By this advertisement the Board in-
vites proposals to construct the railroad, to equip the
same, to put the same into operation and thereafter to use
and operate the same upon a lease thereof from the City
for the term of fifty (50) years with a right to a renewal
of the lease for a further term of twenty-five (25) years,
all upon the terms and conditions set forth in the draft of
Contract hereinafter referred to.
Payments to the Contractor will be made for construc-
tion as the work proceeds as provided in the form of con-
tract.
The annual rental to be paid by the Contractor under
such lease, after completion, will, except as provided in
the contract amount to the interest paid by the City on its
bonds for cost of construction (including interest during
184 Invitation to Contractors.
construction, but excluding bonds issued to pay for ease-
ments and the like), and in addition one (i) per cent, on
such cost of construction with provision for contingent
abatement or reduction of such one (i) per cent, during
the first ten (10) years of the lease, and, in addition, if
the Proposal of the Contractors shall so state, in years
when the gross receipts from the operation of the road
exceed Five million dollars ($5,000,000), a sum equal to
the percentage of such excess stated in such Proposal.
The points within the City of New York between which
the said road is to run and the route or routes to be fol-
lowed are as follows, namely : From the corner of Broad-
way and Park Row under Park Row to Centre street;
under Centre street to new Elm street ; under new Elm
street to Lafayette Place; to and under Fourth avenue
and Park avenue to Forty-second street; under Forty-
second street to Broadway ; under Broadway to Fifty-
ninth street; under Broadway (formerly the Boulevard)
to One hundred and twenty-fourth street ; then by viaduct
to One hundred and thirty-fourth street ; under Broadway
and Eleventh avenue to a point about 1350 feet north of
One hundred and ninetieth street ; to the southeast end of
Invitation to Contractors. 185
Ellwood street; over Ellwood street, Kingsbridge RoaJ
and Riverdale avenue to Kingsbridge Station of the New
York and Putnam Railroad, together with a loop under
City Hall Park and Broadway, connecting Qentre street
and Park Row ; and a Branch as follows : Running from
One hundred and third street to and under One hundred
and fourth street, crossing Central Park, to Lenox ave-
nue and One hundred and tenth street ; under Lenox ave-
nue to One hundred and forty-second street; easterly to
and under the Harlem River, to and under One hundred
and forty-ninth street to Third avenue ; to and under and
by viaduct along Westchester avenue to Southern Boule-
vard ; to Boston Road and Bronx Park.
The general method of construction shall be such as to
provide for the portion of the route on the loop south of
the City Hal-1 and for the portions of the route on both the
east and the west side lines north of One hundred and
third street, two (2) tracks, and for the portion of the
route between the City Hall loop and One hundred and
third street, four (4) tracks. These tracks shall be of
the standard gauge, that is to say, of a width of four (4)
feet eight and one-half (8^) inches between the rails.
The roof of the tunnel shall be as near the surface of the
1 86 Invitation to Contractors.
street as street conditions will permit, and is to have a
height of not less than thirteen (13) feet in the clear and
with a maximum width in the clear, except as influenced
by local conditions, of fifty (50) feet where there are
four (4) tracks and twenty-five (25) feet where there
are two (2) tracks. There shall also be suitable stations,
turnouts, switches and cross-overs. The portion of the
route underground shall be constructed with steel girders,
with brick or concrete arches or masonry walls and arched
roof. The viaduct portions shall be of steel and masonry.
The manner of construction of the portions underground
shall be by tunneling or open excavation.
The Railroad is, for the purposes of the contract, divid-
ed into four sections : Section I, including the part from
the southern terminus at the City Hall to 59th street ; Sec-
tion II, including (a) the part on the west side from
59th street to I37th street, and (b) the part on the east
side beginning with the branch at iO3rd street and the
Boulevard, and extending to 13 5th street and Lenox ave-
nue; Section III, including (a) the part on the west side
from 1 37th street to Fort George, and (b) the part on the
east side from 13 5th street to Melrose avenue ; and Section
Invitation to Contractors. 187
IV, including (a) the part on the west side north of Fort
George, and (b) the part on the east side north of Melrose
avenue. The City expects that the entire Railroad, that
is to say, all of such four (4) sections, will be constructed
and operated. But the City desires to restrict its entire
pecuniary liability for rapid transit at any one time within
the limits deemed consistent with its other obligations and
interests. The Railroad is, therefore, to be constructed
and equipped in sections. The Contractor shall begin
with Section I. If and when, within one (i) year after
the commencement of work on Section I the City shall so
elect, the Contractor shall construct Section II. If and
when, after the commencement of Section II, and within
two (2) years from the commencement of Section I, the
City shall so elect, the Contractor shall construct Section
III. If and when after the commencement of Section III
and within three (3) years after the commencement of
Section I the City shall so elect, the Contractor shall con-
struct Section IV. The Railroad shall, so far as concerns
the rights and obligations of the parties under the con-
tract, be deemed to include only Section I, and in addi-
i88 Invitation to Contractors.
tion the other of Sections II, III and IV, which the City
shall determine to construct within the limits of time
aforesaid.
The term of years for which the contract is proposed
to be made extends for fifty (50) years after the comple-
tion of the road and its readiness for operation as declared
by the Board, with an option to the Contractor to extend
the lease for twenty-five (25) years at a rental to be fixed
as in the contract provided, but not less than the average
rental for the last ten (10) calendar years before the Con-
tractor's demand for renewal.
Other requirements, provisions, details and specifica-
tions are stated in the printed form of contract now on
file at the office of the Chief Engineer of the Rapid Tran-
sit Board, No. 22 William Street, New York City, where
copies of the same and of the forms of bonds and con-
tractor's proposal may be had. Such printed form of
contract is to be deemed part of this Invitation.
Sealed bids or proposals for the construction and leas-
ing of such rapid transit road endorsed: "Proposals for
"constructing and leasing Rapid Transit Railroad" with
the name of the person or persons, corporation or cor-
porations making the same will be received at the said
office of the Board at No. 320 Broadway, Borough of
Manhattan, New York City, until the I5th day of Janu-
Invitation to Contractors. 189
ary, 1900, at 12 o'clock noon, at which time or at a later
date to be fixed by the Board, the proposals will be pub-
licly opened at the said office and the award of the con-
tract, if awarded, will thereafter and within thirty (30)
days after the opening of the bids be made by the Board
to the person or persons, corporation or corporations, if
any, whose proposal shall, in its opinion, be for the best in-
terest of the City. The bidder or bidders whose proposal
shall be accepted shall in person or by duly authorized
representative attend at the said office of the Board within
ten ( 10) days after the notice of a 'delivery by the Board
and deliver a contract in the form referred to duly exe-
cuted.
At the time of the delivery of the contract the Con-
tractor shall give security as follows:
(1) By deposit of One million dollars ($1,000,000) in
cash or in securities of the character of securities in which
savings banks of this State may invest their funds and
which securities shall be approved by the Board. Such
One million dollars ($1,000,000) shall be security for
construction.
(2) By a continuing bond in the penalty of One million
dollars ($1,000,000) to secure construction, operation,
190 Invitation to Contractors.
payment of rental and all other obligations of the Con-
tractor.
(3) By a bond in the penalty of Five million dollars
($5,000,000) to secure construction and equipment.
/
The forms of the bonds are prescribed in the Contract.
In case of failure or neglect so to execute and deliver
the contract and required bonds and make the required
deposit, such bidder or bidders will, at the option of the
Board, be deemed either to have made the contract or to
have abandoned the contract.
In the latter case the Board shall give notice thereof
to the bidder or bidders. And the Board may thereupon
proceed to make another contract with such, if any, of the
original bidders, as, in the opinion of the Board, it will be
to the best interest of the City to contract with, or may by
new advertisement as originally made, invite further pro-
posals. The defaulting bidder or bidders shall thereupon
be liable to the City for all loss and damage by it sus-
tained, including the excess, if any, of the amount it shall
pay any other contractor over the amount of the bid of
such defaulting bidder or bidders, and without abatement
Invitation to Contractors. 191
by reason of any increase of Rental which such excess
may produce to the City, which damages are hereby liqui-
dated at One hundred and fifty thousand dollars
($150,000).
Bidders shall specify separately the amount of the bid
in each of the following four cases: (i) When the Rail-
road shall consist only of Section I ; (2) When the Rail-
road shall consist of Sections 1 and II; (3) When the
Railroad shall consist of Sections i, II and III ; and (4)
When the Railroad shall consist of Sections I, II, III,
and IV.
Bidders shall specify in their proposals the estimate of
the cost of the equipment of the railroad upon which the
proposal is based. The equipment includes all motors,
cars, whether used for passengers, freight, express or any
other purpose, and all other rolling stock, all boilers, en-
gines, wires, ways, conduits, mechanisms, machinery,
power-houses, all real estate upon which any such power-
houses shall stand or which shall be necessary for the gen-
eration or transmission of motive power, and all tools, im-
plements and devices of every nature whatsoever used for
such generation or transmission of motive power, and
192 Imitation to Contractors.
also all apparatus and devices for lighting, signalling and
ventilation.
Work must be begun under the contract within thirty
days after it shall be executed and delivered.
Each proposal shall be enclosed in a sealed envelope
and delivered to the Board or to its secretary ; and in the
presence of the person offering the proposal it shall be
deposited in a sealed box in which all proposals shall be
deposited. No proposal will be received or deposited un-
less accompanied by a certified check drawn upon a na-
tional or state bank within the City of New York, payable
to the order of the Comptroller of the City of New York
for the sum of One hundred and fifty thousand dollars
($150,000). If the Board shall, by notice to any bidder,
accept his or its proposal and if the bidder shall fail within
ten ( 10) days thereafter or within such further period, if
any, as may be prescribed by the Board, to duly execute
and deliver the contract and the two bonds with sureties
and make the deposit of One million dollars ($1,000,000),
then this Invitation to Contractors and the proposal ac-
cepted as aforesaid shall be a contract binding the bidder
Invitation to Contractors. 193
to pay to the City the damages by it sustained by reason
of such failure, and in such case the bidder hereby abso-
lutely assigns to the City the ownership of such One hun-
dred and fifty thousand dollars ($150,000) in payment of
such damages. Such check must not be enclosed in the
sealed envelope containing the proposal, but must be sep-
arately delivered to the Board or to its secretary, who will
give a proper voucher for the deposit. All such deposits
made by bidders whose proposals shall not be accepted by
the Board will be returned to the person or persons mak-
ing the same within five (5) days after the contract shall
be executed and delivered. The deposit of the successful
bidder shall be returned when the contract is executed and
its provisions as to security complied with by him.
The price stated for construction shall include the fur-
nishing of all materials and the performance of all labor
requisite to the complete construction and equipment of
the proposed Rapid Transit Railroad, including all sewer
and street construction and reconstruction and other work
caused by or incidental to the construction of the railway
as set out in the proposed form of contract and specifica-
104 Invitation to Contractors.
tions. The equipment when completely delivered shall,
however, be the property of the Contractor, but subject to
a lien of the City to secure performance by the Contractor
of its obligations under the contract, including payment
of rental under the lease during its entire term.
Proposals shall be in the form prescribed by the Board,
copies of which may be obtained from the Chief Engineer.
The Railroad is to be operated by the Contractor after
it is completed for the period aforesaid, and the Contrac-
tor is to pay to the City rental therefor as prescribed in
the contract.
Bidders must state in their proposals the names and
places of business of their proposed sureties.
Bidders whose proposals are otherwise satisfactory to
the Board may in case the sureties named by them are not
approved by the Board, substitute in their proposals the
names of new Sureties approved by the Board.
Bidders must state in their proposals their names, places
of residence, and the names of all persons interested with
them in the proposal, either directly or indirectly ; and, if
the bidder shall be a corporation, then there shall be sub-
Invitation to Contractors. 195
mitted a certified copy of its certificate of incorporation,
with a certificate of the amount of stock paid in in cash ;
and the names and business addresses of all officers and
directors of the corporation shall be stated. No bidders
shall make a proposal in connection with any other bid-
der ; and the proposal shall so state and shall also state
that the proposal is in all respects fair and without col-
lusion or fraud. No member of the Board or of the
Municipal Assembly of New York or head of a depart-
ment, chief of a bureau, deputy thereof, clerk therein, or
any officer or employee of the City or of the Board shall
be either directly or indirectly or actually or contingently
interested in the proposal or in any supplies or work to
which it relates, or any portion of the profits thereof, and
the proposal shall so state.
No proposal will be allowed to be withdrawn for any
reason whatever after it shall have been deposited with
the Board.
The Board reserve the right to reject the proposal of
any person who is in arrears to the City upon any bid or
contract, or who is in default as surety or otherwise in
any obligation to that corporation.
196 Invitation to Contractors.
The proposal shall be signed and also verified by an
affidavit of the bidder (or if it be a corporation then by
the president thereof) to the effect that the several mat-
ters therein stated are in all respects true.
Each bidder shall in his or its proposal specify an office
within the City of New York at which notices may be de-
livered; and delivery of a notice at such office shall be
deemed a sufficient delivery and notice to such bidder.
The Board may reject any or all proposals if the Board
shall deem it to the interest of the City so to do.
THE BOARD OF RAPID TRANSIT RAIL-
ROAD COMMISSIONERS,
By
A. E. ORR,
PRESIDENT.
BION L. BURROWS,
SECRETARY.
197
Contractor's Proposal.
To the Board of Rapid Transit Railroad
Commissioners of the City of New \ork:
NOTE. Sums of money must be written in words and
also stated in figures.
The undersigned,
do hereby in pursuance of
the Invitation of Contractors made by your Board, a
copy of which is hereto annexed, propose, according to
the terms thereof and of the form of Contract therein
referred to, to fully construct the Rapid Transit Railroad
therein mentioned (and hereinafter called the Railroad),
and to equip the same completely ready for immediate and
continuous operation, for the following sum or sums of
money: If the Railroad shall consist only of Section I,
then for the sum of
Dollars ($ ),
or if it shall consist only of Sections I and II, then for
the sum of
Dollars ($ ); or if it shall consist of only
Sections I, II and III, then for the sum of
Dollars ($ ),
or if it shall include all four (4) sections, then for the
sum of
198 Contractor's Proposal.
Dollars ($ ) ; and, in addition to the fore-
going, the sum of One million dollars ($1,000,000) fox-
terminals ; and, further, in addition to the foregoing, a
sum for real estate as follows : If the Railroad shall con-
sist only of Section I, the sum of One hundred and sev-
enty thousand dollars ($170,000) ; if only of Sections I
and II, the sum of Three hundred and seventy thousand
dollars ($370,000) ; if only of Sections I, II and III, the
sum of Four hundred and sixty thousand dollars ($460,-
ooo) ; and, if the Railroad include all four (4) sections,
then the sum of Five hundred thousand dollars ($500,-
ooo), Provided, however, that these sums are subject to
modification as provided in the said form of contract, and
to be paid as therein provided. And the undersigned
do further propose according to the terms of the said
Invitation and Contract, that after the Railroad shall have
been declared by your Board, to be ready for operation,
the undersigned shall use and operate the Railroad upon
lease from the City of New York (hereinafter called the
City), for fifty (50) years after such declaration, and to
pay rental therefor as provided in the said form of con-
tract, Provided, however, [*that the percentage of gross
*Onlv one of the forms in brackets to be used.
Contractor's Proposal. 199
receipts above Five million dollars ($5,000,000) to be in-
cluded in rental shall be per cent.]
[that no percentage of gross receipts shall be addition-
ally included in rental.]
The undersigned do hereby propose to make a con-
tract with the City in the form referred to in the Invi-
tation to Contractors and hereto annexed.
The undersigned will if this Proposal shall be accepted,
forthwith execute such contract with the City (acting by
your Board) and at the time of such execution will deposit
pursuant and subject to the terms thereof*
with the Comptroller of the City of New York, and
will also at the time of such execution deliver to the Comp-
*Here insert either the words "the sum of One million dollars
($1,000,000)." or the words "securities of which a schedule is
hereto annexed entitled 'Schedule of Securities,' such securities
being of the value of One million dollars ($1,000,000)."
2OO Contractor's Proposal.
troller the Continuing Bond for One million dollars
($1,000,000) therein required and being in the form here-
to annexed and with the following sureties:
And also the Bond for Construction and Equipment for
Five million dollars ($5,000,000) therein required and
being in the form hereto annexed and with the following
sureties :
Your Board may cause any notice intended for the
undersigned to be delivered at Room No. on
the floor of the building No.
street in the City of New York. Such delivery shall be
sufficient notice to the undersigned.
At the time of delivering this proposal to the secre-
tary of your Board the undersigned separately delivers
to the secretary a certified check drawn upon the bank
of
of the City of New York payable to the order of the
Comptroller of the City of New York for the sum of
One hundred and fifty thousand dollars ($150,000). If
Contractor's Proposal. 201
your Board shall by notice to the undersigned as aforesaid
accept this Contractor's Proposal, then, if the under-
signed shall fail within ten ( 10) days thereafter or within
such longer period as may be prescribed by your Board,
to make the deposit of One million dollars ($1,000,000)
aforesaid, or to procure the two (2) bonds or the contract
to be duly executed and delivered as aforesaid, then the
Invitation to Contractors and this Contractor's Propo-
sal shall constitute a contract binding the undersigned to
pay to the City the damages by it sustained by reason of
such failure of the undersigned, as provided in said In-
vitation to Contractors. And the undersigned hereby as-
signs to the City the said sum so specially deposited by
the delivery of such certified check, but subject to the
condition that if this Proposal shall not be accepted or if
it shall be accepted and the undersigned shall within ten
(10) days after notice as aforesaid or any longer period
prescribed by your Board, execute the said contract and
make the said deposit of One million dollars ($1,000,000)
and procure the said two (2) bonds to be duly executed
and delivered, then such sum so specially deposited shall
be returned to the undersigned.
A notice of acceptance of this Proposal by your Board
2O2 Contractor's Proposal.
addressed to the undersigned as aforesaid shall forthwith,
at the option of your Board, operate as against the under-
signed as a complete making of a contract according to
the form thereof as aforesaid, with the blanks therein con-
tained filled in according to this Proposal.
This Proposal is based in part on an estimate of the
cost of the equipment of the Railroad (as defined in
the Invitation to Contractors) at dollars
($ )
The following are all the persons interested with the
undersigned in this Proposal, together with their names
and places of residence:
Contractors Proposal. 203
This Proposal is made without any connection with
any corporation or person making another proposal for the
same contract.
This Proposal is in all respects fair and without col-
lusion or fraud.
No member of your Board or of the Municipal As-
sembly or head of a department, or deputy thereof or clerk
therein, or any other officer of the City, or any person in
the employ of your Board is directly or indirectly inter-
ested in this Proposal or in the supplies or work to which
i't relates or in any portion, direct or indirect, of the profits
or other proceeds thereof.
Dated No. STREET, NEW YORK CITY.
2O4 Contractor's Proposal.
STATE OF NEW YORK,
CITY AND COUNTY OF NEW YORK,
> ss. :
being duly sworn, says:
I am 51
the proposing contractor above named. I have read the
foregoing proposal. The same is in all respects true.
Sworn to before me this )
day of 1899. j
*// the contractor be a person, here say "the person;"
if it be a firm, here say "a member of the firm of
;" if it be a corporation, say "the President (07
Treasurer) of the Company"
NOTICE : To this Proposal must be annexed:
1. Copy of Invitation to Contractors.
2. Copy of Proposed Contract.
3. Schedule of Securities, if securities be depos-
ited for the $1,000,000 in lieu of cash.
4. Form of Continuing Bond, with blanks com-
pletely filled.
5. Form of Bond for Construction and Equip-
meHt with blanks completely filled.
205
Copy of the Routes and General Plan.
Routes.
One route as follows: Its centre line shall commence
at a point at or near the intersection of Broadway with
Park Row ; thence under Park Row and Centre street to
a point at or near its intersection with New Elm street as
proposed ; thence under New Elm street as proposed, to
Lafayette Place ; thence under Lafayette Place to Eighth
street; thence across and under Eighth street, and
thence under private property lying between Eighth
and Ninth streets and east of the westerly side or line ot
Lafayette Place, produced, to Fourth avenue ; thence un-
der Fourth avenue and Park avenue to Forty-second
street; thence turning from Park avenue into Forty-sec-
ond street, and taking for the purposes of the curve, if
necessary or convenient, private property at the southwest
corner of Park avenue and Forty-second street; thence
under Forty-second street to Broadway; thence under
Broadway to Fifty-ninth street; thence under the Boule-
vard to a point at or near One hundred and Twenty-fourth
street; thence by viaduct along and over the Boulevard
to a point at or near One hundred and Thirty-fourth
street ; thence under the Boulevard and Eleventh avenue
to a point on Eleventh avenue, situate north of One Hun-
dred and Ninetieth street, and distant therefrom not less
than one thousand and not more than one thousand five
hundred feet, and thence under or over (as may be most
convenient) private property to a point at the southeast
end of Ellwood street near Hillside street, and thence over
Ellwood street to Kingsbridge avenue or Broadway;
thence over Kingsbridge avenue or Broadway, as now
proposed, to Riverdale avenue, and thence easterly over
Riverdale avenue to a point within five hundred feet of
the present Kingsbridge station of the New York and
Putnam Railroad Company.
This route shall include a loop at the City Hall Park
which shall connect with the portion of the route afore-
said along Centre street at or near the south end of that
2d6 Routes and General Plan.
street, and thence proceed westerly and southerly under
City Hall Park and Broadway, and thence easterly to
again connect with the portion of the route aforesaid in
Park Row. All of the said loop shall lie under City Hall
Park, Park Row, between the south end of Centre street
and Ann street, and the portion of Broadway adjoining
the City Hall Park lying between Vesey and Murray
streets. This route shall also include suitable tracks and
connections from the City Hall loop to the Post-office,
such tracks and connections being under the City Hall
Park and under the portion of Park Row between the
south end of Centre street and Ann street. This route
shall also include suitable tracks and connections from the
portion of the route near the corner of Park avenue and
Forty-second street to the yard and tracks of the Grand
Central Station. All of the tracks and connections last
mentioned shall be under Park avenue and Forty-second
street and private property to be acquired. By private
property in this description is meant property not form-
ing part of the streets of the City of New York and not
belonging to the City of New York.
Also a route as follows : Its centre line shall diverge
from the route aforesaid on the Boulevard, between a line
parallel to and one hundred feet north of One Hundred
and Third Street and a line parallel to and one
hundred feet south of One Hundred and Third
street; thence under private property to a point in
One Hundred and Fourth street ; thence under One
Hundred and Fourth street to and across Central Park,
West; thence under Central Park to the intersection of
Lenox avenue and One Hundred and Tenth street ; thence
under Lenox avenue to a point near One Hundred and
Forty-second street ; thence curving to the east and pass-
ing under private property, One Hundred and Forty-
third and One Hundred and Forty-fourth streets, to the
Harlem River at or near the foot of One Hundred and
Forty-fifth street ; thence under the Harlem River and
private property to East One Hundred and Forty-ninth
street at or near its intersection with River avenue ; thence
under East One Hundred and Forty-ninth street to a
Routes and General Plan. 207
point near its intersection with Third avenue ; thence with
a curve to the left and under Third avenue to a point near
its intersection with Westchester avenue; thence with a
curve to the right to and under Westchester avenue, and
thence by viaduct over and along Westchester avenue to
the Southern Boulevard ; thence over and along the South-
ern Boulevard to the Boston road and thence over and
along the Boston road to Bronx Park.
Plan of Const met ion.
The General Plan of Construction of the road is as fol-
lows:
For the route under Park Row and the said loop at
City Hall Park, two parallel tracks ; for the route from
the point of connection of the City Hall loop with the
route aforesaid at the southerly end of Centre street to the
junction at or near One Hundred and Third street and
the Boulevard four parallel tracks ; for the route from the
junction at or near One Hundred and Third street and the
Boulevard to the New York and Putnam Railroad Com-
pany's station at Kingsbridge, two parallel tracks ; for the
route from the junction at or near One Hundred and
Third street and the Boulevard to Bronx Park, two par-
allel tracks.
All of the above mentioned tracks shall be placed on
the same level, except that wherever required by special
necessities of surface or sub-surface structures or other
special or local necessities and for the purpose of avoiding
grade crossings at the southerly end of Centre street and
the One Hundred and Third street junction, any one or
more of the tracks may be depressed below the level of the
other tracks to a depth of not more than twenty feet.
The tracks shall be of standard gauge, that is to say,
of a width of four feet and eight and a half inches between
the rails. There shall be twelve and a half feet width in
the tunnels and on the viaducts for each track, except that
at stations, switches turnouts, curves and crossovers the
208 Routes and General Plan.
width may be increased to the extent permitted by the
width of the tunnel. The tracks wherever passing over
or under the street shall be placed over or under the cen-
tral part of the street, except that no tunnel or viaduct or
any wall or part thereof under or along a street, shall, ex-
cept at the stations, station approaches, curves and at
places of access to subsurface structures, as hereinafter
provided, be within a distance of five feet of the exterior
line or side of the street. The tracks shall in all cases be
placed in tunnels, except only that on the west side route
on the Boulevard at or near One Hundred and Twenty-
fourth street the tracks shall emerge from the tunnel and
be carried upon a viaduct along the Boulevard to a point
at or near One Hundred and Thirty-fourth street and
there be taken again into the tunnel and except also that
on the west side route at a point at or near One Hundred
and Ninetieth street the tracks shall again emerge from
the tunnel and be carried upon a viaduct over private
property and the above-mentioned streets to the Kings-
bridge station, and except also that on the east side from
a point on Westchester avenue at or near Bergen avenue
the tracks shall emerge from the tunnel and be carried
upon a viaduct over and along Westchester avenue and
the other streets above mentioned to Bronx Park.
Wherever the tracks change from tunnel to viaduct, or
from viaduct to tunnel, the change shall be so made as to
occupy or obstruct the use of the surface of the street to
the least possible extent consistent with the proper gradi-
ent for the tracks.
The roof of the tunnel shall be as near the surface of
the street as street conditions and grades will permit.
The tunnel shall not be less than thirteen feet in height
in the clear. The maximum widths of the tunnel in the
clear shall be as follows:
For the route under Park Row and the City Hall Park
loop, thirty-eight feet ; for the route from at or near the
south end of Centre street and to the commencement of
New Elm street, fifty feet ; for the route from, at or near
Routes and General Plan. 209
the commencement of New Elm street to Lafayette place,
sixty-eight feet ; for the route from, at or near the com-
mencement of Lafayette place to the junction at or near
One Hundred and Third street, fifty feet; for the west
side route from the junction at or near One Hundred and
Third street to Kingsbridge station, twenty-five feet ; and
for the east side route from, at or near the junction at
One Hundred and Third street to Bronx Park, twenty-
five feet ; except that wherever the nature of the streets
necessitates a curve that an additional width of tunnel
may be added not exceeding three feet for each track, and
except that on Fourth avenue, from Thirty-second street
to Forty-third street, the permissible width shall be sixty-
five feet; and for the tunnel beneath the Harlem River
and its approaches, the permissible width shall be thirty-
five feet. At each cross street where accommodations for
pipes, wires, sewers and other subsurface structures have
been provided within the tunnel, the tunnel may, in order
to provide convenient access to such pipes, wires, sewers
and other subsurface structures, have, within the limit of
the sides or exterior lines of such cross street or such lines
produced, an additional width on each side of the route
not to exceed fifteen feet, and the area of additional width
on either side not to approach nearer than twelve feet to
either side or exterior line of such cross street. Footways
between the tracks shall be provided the whole length of
the line and accommodations arranged for the convenience
and protection of employes.
Whenever necessary for the proper support of the street
surface the roof of the tunnel shall be of iron or steel
girders with brick or concrete arches supported by iron
or steel columns and masonry walls, or the roof shall be
a masonry arch. Viaducts shall be built with a width of
twelve and one-half feet for each track and with an addi-
tional width of three feet on each side for outside foot-
ways. Viaducts may be built of metal or masonry, or of
both.
Adjacent tracks shall be connected by necessary and
suitable switches and connections, and an additional track
2io Routes and General Plan.
for siding accommodation may be constructed not to ex-
ceed in length one-quarter of a mile for each mile of road-
way, but provided always that the side of the tunnel shall
not, by the enlargement of the tunnel for that purpose, be
brought within five feet of the exterior line or side of the
street.
Along Elm street, wherever the tunnel shall be in the
clear not less than sixty-eight feet wide, the pipes, wires,
sewers and other subsurface structures shall be placed in
suitable galleries in the tunnel at the outside of the ex-
terior tracks. But any such pipes, wires, sewers and
other subsurface structures may be placed in suitable gal-
leries beneath the tracks, or such pipes, wires, sewers and
other subsurface structures may be placed in the ground
above or at the sides of the tunnel, or at the outside of
the exterior tracks, and whenever so placed beneath the
tracks, or in the ground above or at the sides of the tun-
nel, the width of the tunnel on New Elm street shall not
be more than fifty feet. Pipes, wires, sewers and other
subsurface structures shall, at any part of the said routes,
be removed or disturbed only when necessary for the con-
struction and operation of the railway, and, if removed or
disturbed, shall be placed under the streets in such man-
ner and in such location that the use and service thereof
shall not be impaired. Such pipes, wires, sewers and
other subsurface structures shall be left or shall be so
arranged as to give free access for their repair or altera-
tion, or for the placing with them of new pipes, wires,
sewers and other like structures, and for making connec-
tions between the same and buildings at any time.
Stations and station approaches shall, in general, be at
the intersection of streets and shall be built under, or, if
the position of the tracks so require, over, the streets and
immediately adjoining private abutting property, or
through private property to be acquired for the purpose,
or both under or over streets and through private proper-
ty as aforesaid, except that on the Boulevard, stations and
station approaches may be in the centre of the street. The
streets under or over which stations or station approaches
shall be built may include cross streets, but no part of any
Routes and General Plan. 211
cross street shall be used for a station or station approach
at a distance greater than seventy-five feet from the ex-
terior line or side of the street of the route. The word
"street," wherever used herein, shall include an avenue
or public place.
Along the Boulevard there may be openings in the sur-
face of the street from the tunnel for the purpose of venti-
lation and light ; such openings shall be guarded by con-
venient and ornamental inclosures. The openings shall
not exceed twenty feet in width and fifty feet in length.
No two openings shall be within fifty feet of each other.
No opening or part thereof shall be within the limits of,
or opposite to, any street intersecting the Boulevard ; and
within the distance of any one block on the Boulevard be-
tween any two adjacent crossing streets there shall not be
more than two such openings.
The general mode of operation shall be by electricity
or some other power not requiring combustion within the
tunnels or on the viaducts, and the motors shall be capable
of moving trains at a speed of not less than forty miles
per hour for long distances exclusive of stops.
The manner of construction shall be by tunnelling or
open excavation.
212
Schedule of Securities.
This schedule gives a full description of the securities
or the securities and cash of the value of One million dol-
lars ($1,000,000) which the Contractor deposits pursu-
ant to the foregoing Contract. If the deposit be made
in cash it is made by a certified check or certified checks
to the order of the Comptroller of the City of New York,
drawn upon one or more national or state banks in the
City of New York. If the deposit be made in whole or
in part by securities, the securities are payable to, or rui
in favor of, or are transferred to, the Comptroller of the
City of New York. In case of bonds the numbers are
given. In case of shares of stock or debentures the dates
and numbers of the certificate are given.
213
Bond for Construction and Equipment.
Iknow all men by tbeee pre0ent$, That
of
hereinafter called the Contractor, and
and
hereinafter called the Sureties, are held and firmly
bound unto the City of New York, hereinafter called
the City, in the penal sum of Five million dollars
($5,000,000) lawful money of the United States of Amer-
ica, to be paid to the City, for which payment well
truly to be made the Contractor and the Sureties do here-
by bind themselves and their, and each of their, executors,
administrators and successors firmly by these presents,
as follows : The Contractor to be so held and bound the
full amount of the said Five million dollars ($5.000,000)
and each of the said Sureties to be so held bound and
214 Bond for Construction and Equipment.
bound only for a portion of said penal sum of Five million
dollars ($5,000,000) as follows: The said
for the sum of
dollars ($ ) ; the said
for the sum of
($
($
) ; the said
for the sum of
dollars
dollars
VObereOf, The Contractor and
the Sureties have hereunto caused their respective seals to
be set and these presents to be attested by the president
or vice-president and secretary of each of them which is
a corporation this
day of
1899.
Whereas the City by its Board of Rapid Transit Rail-
road Commissioners (hereinafter called the Board,
is about to enter into contract with the Contractor bearing
Bond for Construction and Equipment. 215
even date herewith for the construction and equipment of
the Rapid Transit Railroad in the City of New York more
particularly described in the said contract ; and
Whereas, The City is about to enter into such contract
with the Contractor upon the condition, and not otherwise,
that this bond shall be given to the City, and upon the faith
thereof,
1ROW, therefore, the condition of the fore-
going obligation is such that if the Contractor shall fully
perform the said contract so far as the same requires or
shall require the construction and equipment of the said
railroad, then this obligation shall be null and void, but
else it shall remain in full force and virtue.
It is expressly agreed between the City and the Sureties,
and it is upon such agreement that the City accepts this
Bond, that the Sureties will and do waive any and every
notice of default on the part of the Contractor ; that they
will and do permit the City to extend the time of the Con-
tractor to make any payment or do any act ; that no omis-
2i6 Bond for Construction and Equipment.
sion on the part of the City to give any notice of or ex-
tension of time granted by or on behalf of the City shall
be availed of by the Sureties or either of them as a defence
upon this bond ; that the Sureties shall not set up or have
any defence upon this bond by reason of any alteration of
the said contract unless such alteration shall be represent-
ed by a formal written instrument duly executed between
the City and the Contractor which shall have been duly
authorized by a vote of the Board ; and that in case of such
alteration, however made, the same shall be a defence to
the Sureties only to the extent of the actual inj ury or dam
age caused to the Sureties by said alteration.
And Whereas, The Contractor has deposited with the
City the sum of One million dollars ($1,000,000) in cash
or in securities approved by the Board, as security for the
performance by the Contractor of some of the acts and
things the performance of which is secured hereby ; and
Whereas, Contemporaneously with the delivery of this
bond the Contractor has also delivered to the City a
bond in the sum of One million dollars ($1,000,000) as
Bond for Construction and Equipment. 217
security for the performance by the Contractor of some
of the acts and things the performance of which is secured
hereby,
Now, therefore, it is further expressly agreed between
the City and the Sureties that the City shall be at liberty,
in case of any default by the Contractor against which
this bond is given as security, to collect the loss or dam-
age to the City caused thereby either from the Sureties on
this bond or the Sureties on such other bond or bonds or
out of the said deposit or out of them all as the City may
elect.
NOTE. The execution of the bond should be duly proved in
the form essential to proof to entitle a deed to record in the
State of New York. Full affidavits of justification of sureties
should be added.
218
Continuing Bond.
Iknow all flDen bp tbese presents, that
of
hereinafter called the Contractor, and
and
hereinafter called the Sureties, are held and firmly
bound jointly and severally unto the City of New York,
hereinafter called the City, in the penal sum of One
million dollars ($1,000,000) lawful money of the United
States of America, to be paid to the City, for which pay-
ment well and truly to be made the Contractor and the
Sureties do hereby bind themselves and their and each of
their
jointly and severally, firmly by these presents.
Continuing Bond. 219
WbCrCOf, the Contractor and the
Sureties have hereunto caused their seals to be set this
day of , 1899.
Whereas, the City, by its Board of Rapid Transit Rail-
road Commissioners (hereinafter called the Board) is
about to enter into a contract with the Contractor bearing
even date herewith for the construction and equipment,
and, after such construction and equipment shall be com-
plete, then for the lease and operation of the rapid transit
railroad in the City of New York more particularly de-
scribed in the said contract ; and
Whereas, the City is about to enter into such contract
with the Contractor upon the condition and not otherwise
that this Bond shall be given to the City, and upon the
faith thereof,
1ROW, tberefOrC, the condition of the foregoing
obligation is such that, if the Contractor shall promptly
pay the amount of the annual rental specified in the said
contract and shall also faithfully perform all the condi-
tions, covenants and requirements therein specified and '
22O Continuing Bond.
provided, and in case of the default on the part of the
Contractor as provided in section 34 of the rapid transit
act, the Contractor shall pay the amount of the deficien
therein mentioned, then this obligation shall be null and
void, but else it shall remain in full force and virtue.
It is expressly agreed between the City and the Sure-
ties, and it is upon such agreement that the City accepts
this Bond, that the Sureties will and do waive any and
every notice of default on the part of the Contractor ; that
they will and do permit the City to extend the time of the
Contractor to make any payment or do any act ; that no
omission on the part of the City to give any notice or ex-
tension of time granted by or on behalf of the City, shall
be availed of by the Sureties or either of them as a de-
fence upon this Bond ; that the Sureties shall not set up or
have any defence upon this Bond by reason of any alter-
ation of the said contract unless such alteration shall be
represented by a formal written instrument duly executed
between the City and the Contractor which shall have
been duly authorized by a vote of the Board, and that in
case of such alteration, however made, the same shall be
Continuing Bond. 221
a defence to the Sureties only to the extent of the actual
injury or damage caused to the Sureties by such altera-
tion. It is expressly agreed between the City and the
Sureties that the Sureties hereby assume all the obliga-
tions prescribed for sureties upon bonds like this by chap-
ter 4 of the laws of 1891, and the various acts amendatory
thereof (all such acts together being known as the rapid
transit act). This Bond shall be a continuing security 'to
the City of New York for the entire term of fifty (50)
years after the complete construction and equipment of the
rapid transit railroad as prescribed in the said contract
and the declaration of the Board that the said railroad and
its equipments are so complete.
And whereas, The Contractor has deposited with the
City the sum of One Million Dollars ($1,000,000) in cash
or securities approved by the Board as security for the
performance by the Contractor of some of the acts and
things the performance of which is secured hereby ; and
Whereas, Contemporaneously with the delivery of this
bond, the Contractor has also delivered to the City, a bond
in the sum of Five Million Dollars ($5,000,000) as further
222 Continuing Bond.
security for the performance by the Contractor of some of
th acts and things the performance of which is secured
hereby, Now, therefore, it is further expressly agreed
between the City and the Sureties that the City shall be at
liberty in case of any default by the Contractor against
which this Bond is given as security, to collect the loss or
.damage to the City caused thereby either from the Sure-
ties on this Bond or the sureties on such other Bond or
Bonds, or out of the said deposit or out of all such secur-
ities as the City may elect.
TSToxE. The execution of the bond should be duly proved in
the form essential to proof to entitle a deed to record in the
State of New York. Full affidavits of justification of sureties
should be added.
The City of New York
By its Rapid Transit Board.
WITH
John B. ricDonald
Contractor.
AGREEMENT
Of Modification of Contract for Construction
and Operation of Sapid Transit Railroad,
with Receipt and Agreement Concern-
ing Continuing Bond Annexed.
Dated, February aist, igoo.
Executed, February 24th, igoo.
227
Hfit CCrUCltt t made this 2ist day of February, in
the year Nineteen hundred, between the City of New
York (hereinafter called the City) acting by the Board
of Rapid Transit Railroad Commissioners for the City
of New York (hereinafter called the Board), party of the
first part, and John B. McDonald, of the City of New
York (hereinafter called the Contractor), party of the
second part :
WHEREAS, Heretofore on this date and immediately
prior to the execution of this instrument, the City, acting
by the Board, entered into a contract with the Contractor
for the construction and operation of a Rapid Transit
railroad in the City of New York and otherwise as therein
mentioned, the said contract bearing even date herewith
and being hereinafter styled the contract for construction
and operation; and
WHEREAS, This Board did, on or about the I3th day of
November, 1899, file with the clerk of the Appellate Divi-
sion of the Supreme Court of the First Judicial Depart-
ment, a stipulation in the form hereto annexed entitled
"Copy Stipulation" ; and
228
WHEREAS, The Appellate Division of the Supreme
Court did, by a certain order made In the Matter of the
Application of the Board of Rapid Transit Railroad Com-
missioners of the City of New York for the Appointment
of three Commissioners to determine whether a Rapid
Transit Railway or Railways for the Transportation of
. Persons and Property as determined by the said Board
ought to be Constructed and Operated, relieve the said
Board from the said stipulation upon condition that in lieu
of the said stipulation the Board should file with the
Clerk of the said Appellate Division a stipulation in the
same form as the stipulation from which the said Board
was thereby relieved except only that in subdivision II
thereof for the words "each one being bound for at least
"Five hundred thousand dollars ($500,000) of the pen-
"alty and all taken together being bound for Five million
"dollars ($5,000,000) and each justifying in double the
"amount for which such person or corporation shall be
"bound," there should be substituted the words "each one
"being bound for at least Two hundred and fifty thousand
"dollars ($250,000) of the penalty and all taken together
229
"being bound for Five million dollars ($5,000,000) and
"each of such sureties justifying in the amount for which
"he shall severally be bound" ; and
WHEREAS, The Board did, on the 2Oth day of Febru-
ary, 1900, duly file with the Clerk of the Appellate Di-
vision a stipulation in the same form as the said stipula-
tion of 1 3th November, 1899, except only that the same
was modified as in the said order of the Appellate Di-
vision provided ; and
WHEREAS, The Contractor has duly delivered to this
Board the continuing bond in the penalty of at least One
million dollars ($1,000,000) as provided in the first sub-
division of the said stipulation of I3th November, 1899,
and has also duly delivered to the said Board the bond for
construction and equipment in the penalty of at least Five
million dollars ($5,000,000) as provided in the second
subdivision of the said stipulation except only that some
of the sureties are severally bound for Two hundred and
fifty thousand dollars ($250,000) instead of Five hundred
thousand dollars ($500,000), and that the sureties instead
of justifying in double the amount for which they are
230
severally bound have justified in the amount for which
they are severally bound; and
WHEREAS, The Board in behalf of the City has duly
accepted and approved the said bond for construction an-i
equipment in the penalty of Five million dollars ($5,000,-
ooo) given by the Contractor as aforesaid ; and
WHEREAS, The Board, as a condition of making this
contract and of approving the said bond for construction
and equipment, has required the actual deposit with the
Comptroller of the City of New York of securities of the
value of One million dollars ($1,000,000) as additional
security for the performance of the provisions of the con-
tinuing bond for One million dollars ($1,000,000) to be
given by the Contractor as mentioned in the contract for
construction and operation, and has also required an
obligation on the part of the Contractor for the deposit
with the said Comptroller of an additional One million
dollars ($1,000,000) on or before ist January, 1901, as
hereinafter provided, and for the assignment of the bene-
ficial interest of the Contractor in all bonds to be given
by subcontractors as hereinafter provided ;
231
, in consideration of the prem-
ises and of the said contract for construction and opera-
tion and of the sum of One dollar ($i) by each party
hereto to the other in hand paid, the receipt whereof is
hereby acknowledged, and with the consent in writing
of all bondsmen and sureties of the Contractor and with
the concurrence of at least six members of said Board,
It 10 n$rCCfr that the contract for construction and
operation be and the same hereby is changed and modi-
fied so as to provide that upon the bond for construction
and equipment each surety shall be bound for at least
Two hundred and fifty thousand dollars ($250,000) in-
stead of for at least Five hundred thousand dollars
($500,000) of the penalty and shall justify in the amount,
instead of in double the amount, for which such surety
shall be bound, and that the said bond for construction
and equipment in the penalty of Five million dollars
($5,000,000) heretofore given by the Contractor be and
the same hereby is accepted by the Board as full compli-
ance with the requirements of the contract for construc-
tion and operation with respect to the bond for construe
tion and equipment.
232
And it is further agreed that the contract for construc-
tion and operation be and the same is hereby further
changed and modified so that in addition to the matters
therein contained the same shall provide, and it is hereby
agreed, that on or before the first day of January, 1901,
the Contractor shall procure the Rapid Transit Subway
Construction Company, one of the sureties on the said
bond or the Contractor, to deposit with the said Comp-
troller an additional sum of One million dollars
($1,000,000) in cash or, in lieu thereof, securities of the
kind in which Savings Banks shall then be permitted to
invest their funds under the laws of this State, to be ap-
proved by the Board, and of the value of One million dol-
lars ($1,000,000), and that thereafter such One million
dollars ($1,000,000) in cash or securities shall be held by
the Comptroller as security for the construction and equip-
ment of the rapid transit railroad as provided in the con-
tract for construction and operation and be subject in all
respects, so far as may be, to the provisions of the con-
tract for construction and operation with respect to the
said bond for construction and equipment.
233
It is further agreed that so long as there shall be no
default upon the said bond for construction and equip-
ment, said Rapid Transit Subway Construction Company
shall be entitled to receive the interest which may become
due from time to time upon any securities deposited as
hereinbefore provided, and the Comptroller shall, at the
request of the said Company, detach from and deliver over
to it or upon its order, any coupons or interest warrants
for such interest within ten days before the same shall
from time to time become due and payable, and in case
any default shall occur on the said bond for construction
and equipment the City shall have the right to retain any
interest which may thereafter become due upon the said
securities and apply the same toward making good such
default until such default shall be made good and after
such default shall be made good then the interest accruing
on said securities shall be paid over as hereinbefore pro-
vided.
And it is further agreed that the said Rapid Transit
Subway Construction Company may,' from time to time,
withdraw any of the securities deposited hereunder upon
234
substituting other securities of the kind above described
and of equal value and satisfactory to and approved by
the Board or upon depositing cash to an amount equal in
value to the securities so withdrawn and may thereafter
withdraw any cash so deposited upon substituting there-
for securities of the kind above described and satisfactory
to and approved by the Board to an amount equal in value
to the cash so withdrawn.
In case any of the said securities shall at any time in the
opinion of the Board cease to be of the character of se-
curities in which the Savings Banks of the State of New
York shall then be authorized by law to invest their funds,
then within twenty days after notice to the Contractor and
the said Rapid Transit Subway Construction Company,
the Contractor shall procure the said Rapid Transit Sub-
way Construction Company to substitute for such secur-
ities other securities of the character in which the Savings
Banks of the State of New York are then authorized by
'law to invest their funds and of equal value to the secur-
ities so objected to.
In case at any time the entire amount of securities shall,
235
in the opinion of the Board, become of less value than the
sum of One million dollars ($1,000,000) then within twen-
ty days after notice to the Contractor and the said Rapid
Transit Subway Construction Company, the Contractor
shall procure the said Rapid Transit Subway Construction
Company to deposit with the Comptroller securities or
cash under the terms of this agreement so as to make the
total deposit of the full value of One million dollars
($1,000,000).
And it is further agreed that the contract for construc-
tion and operation be and the same hereby is further
changed and modified so that the same shall provide, and
it is hereby agreed, that the Contractor, immediately upon
receiving from any subcontractor of any part of the work
provided for in the said contract bearing even date here-
with or for the supply of any material as therein provided,
any bond or surety obligation of any kind given to the
Contractor to secure the performance of such subcontract
shall forthwith assign to the City in form to be approved
by the Board, the beneficial interest of the Contractor in
such bond or surety obligation so to be given by such sub-
236
contractor, such beneficial interest to be held and applied
by said Board for the City as additional security for the
performance by the Contractor of the contract for con-
struction and operation so far as it requires the construc-
tion and equipment of the rapid transit railroad mentioned
therein.
And it is further agreed that the contract for construc-
tion and operation shall be further modified so as to pro-
vide, and it is hereby agreed, that any default on the part
of the Contractor in any of the provisions in this supple-
mentary agreement provided shall in all respects be
deemed to be a default on the part of the Contractor un-
der the contract for construction and operation and that
such default shall subject the Contractor in all respects to
all liability in the contract for construction and operation
prescribed in case of default.
And, WHEREAS, The City, by the Board, has this day
given to, and executed with, the Contractor and Rapid
Transit Subway Construction Company a receipt for and
agreement bearing even date herewith regarding certain
securities of the value of One million dollars ($1,000,000)
237
to be held as security for any liability under the said con-
tinuing bond, and in and by the said receipt and agree-
ment, the City, acting by the said Board and the Comp-
troller of the City of New York, and the said Rapid Tran-
sit Subway Construction Company and the Contractor did
make certain stipulations and agreement with respect to
such deposit,
It is further agreed that the said contract for construc-
tion and operation be and the same is hereby further
changed and modified so as to provide and it is hereby
agreed that any default on the part of the Contractor in
the performance of the terms and stipulations on his part
contained in the said receipt and agreement with respect
to the said securities shall be in all respects deemed a
default under the said contract for construction and opera-
tion of the Rapid Transit railroad.
In WttnCSe WbCrCOf, this contract has been
executed for the City of New York by its Board of Rapid
Transit Railroad Commissioners under and by a resolu-
tion duly adopted by said Board concurred in by more
than six of its members, and the seal of the said- Board
238
has been hereto affixed and these presents signed by the
president and secretary of the said Board and the Con-
tractor has hereto set his hand and seal the day and year
first above written.
THE BOARD OF RAPID TRANSIT RAIL-
ROAD COMMISSIONERS,
By A. E. ORR,
PRESIDENT.
[SEAL.]
ATTEST :
BION L. BURROWS,
SECY.
JOHN B. McDONALD [SEAL.]
239
STATE OF NEW YORK,
ss
COUNTY OF NEW YORK, '
On this 24th day of February, 1900, at the said city,
before me personally appeared Alexander E. Orr and Bion
L. Burrows, to me known and known to me to be, the
said Alexander E. Orr, the president, and the said Bion
L. Burrows, the secretary of the Board of Rapid Transit
Railroad Commissioners of the City of New York ; and
the said Alexander E. Orr and Bion L,. Burrows, being
by me duly sworn, did depose and say, each for himself
and not one for the other, the said Alexander E. Orr, that
he resided in the Borough of Brooklyn, in the said City,
that he was president of the said Board and that he sub-
scribed his name to the foregoing contract by virtue of the
authority thereof; and the said Bion L,. Burrows that he
resided in the Borough of Brooklyn, in the said City of
New York, that he was the secretary of the said Board
and that he subscribed his name thereto by like authority ;
and both the said Alexander E. Orr and Bion L. Burrows
that they knew the seal of the said Board and that the
same was affixed to the foregoing instrument by the au-
thority of the said Board and of a resolution duly adopt-
ed by the same.
And on the same day, at the said county, before me duly
appeared John B. McDonald, to me known and known
to me to be the person and Contractor named in and who
executed the foregoing contract, and acknowledged to
me that he executed the same.
A.W.ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAI, ] N. Y. Co.
240
, being the sureties of John
B. McDonald, the Contractor above mentioned, upon the
continuing bond in the penalty of One million dollars
($1,000,000) and the bond for construction and equip-
ment respectively in the penalty of Five million dollars
($5,000,000) hereby consent to the making of the fore-
going instrument.
Dated New York, 2ist February, 1900.
RAPID TRANSIT SUBWAY
CONSTRUCTION COMPANY,
AUGUST BELMONT,
PRESIDENT.
[SEAL.]
THE UNITED STATES FIDELITY &
GUARANTY COMPANY,
By ANDREW FREEDMAN,
VICE-PRESIDENT.
[SEAL.]
THE CITY TRUST, SAFE DEPOSIT
AND SURETY COMPANY OF
PHILADELPHIA,
By JNO. A. SULLIVAN,
VICE-PRESIDENT.
[SEAL.]
ATTEST :
P. H. MOONEY.
ASST. SECY.
AMERICAN SURETY COMPANY OF
NEW YORK,
R. A. C. SMITH,
VICE-PRES.
[SEAL.]
WM. A. BRANOL,
ASST. SECY.
241
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
ATTEST :
HENRY N. CHILDS,
ASST. SECRETARY.
PERRY BELMONT. [SEAL.]
STATE OF NEW YORK.
y gg
COUNTY OF NEW YORK,
On this 23d day of February, 1900, before me person-
ally came Perry Belmont, to me known and known to me
to be the individual described in and who executed the
foregoing instrument, and he acknowledged to me that he
executed the same.
A. W. ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
STATE OF NEW YORK, )
COUNTY OF NEW YORK, j ss> :
On this 23d day of February, 1900, before me personally
appeared Andrew Freedman, to me known, who being by
me first duly sworn, did depose and say that he was Vice-
President of United States Fidelity & Guaranty Co. of
Maryland, the corporation described in and which execut-
ed the foregoing consent ; that he knew the corporate seal
of said company ; that the seal affixed to said consent was
such corporate seal ; that it was affixed thereto by order of
the Board of Directors of such company, and that he
signed his name thereto by like authority. And also, on
the 23d day of February, 1900, before me personally ap-
peared John A. Sullivan, to me known, who being by me
first duly sworn, did depose and say that he was Vice-
President of The City Trust, Safe Deposit and Surety
Co. of Philadelphia, the corporation described in and
which executed the foregoing consent ; that he knew the
corporate seal of said company; that the seal affixed to
242
said consent was such corporate seal; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and*that he signed his name thereto by like author-
ity. And also, on the 23d day of February, 1900, before
me personally appeared Robert A. C. Smith, to me known,
who being by me first duly sworn, did depose and say
that he was Vice-President of American Surety Company
of New York, the corporation described in and which
executed the foregoing consent; that he knew the cor-
porate seal of said company ; that the seal affixed to said
consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also, on the 23d day of February, 1900, before
me personally appeared Charles A. Dean, to me known,
who being by me first duly sworn, did depose and say
that he was President of National Surety Company, the
corporation described in and which executed the foregoing
consent ; that he knew the corporate seal of said company ;
chat the seal affixed to said consent was such corporate
seal ; that it was affixed thereto by order of the Board of
Directors of such company, and that he signed his name
thereto by like authority. And also, on the 24th day of
February, 1900, before me personally appeared August
Belmont, to me known, who being by me first duly sworn,
did depose and say that he was President of Rapid Transit
Subway Construction Company, the corporation described
in and which executed the foregoing consent ; that he
knew the corporate seal of said company; that the seal
affixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such
company, and that he signed his name thereto by like au-
thority.
A. W. ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
THE FOREGOING CONTRACT is HEREBY APPROVED AS TO
FORM.
DATED, NEW YORK, 2IST DAY OF FEBRUARY, 1900.
JOHN WHALEN,
Corporation Counsel of the City of New York.
243
Form of Receipt ami Agreement as to Deposit of
$1,OOO,OOO on the Continuing Bond.
WHEREAS by the terms of a contract for construction
and operation of a rapid transit railroad, made the 2ist
day of February, 1900, by and between the City of New
York, acting by the Board of Rapid Transit Railroad
Commissioners for the City of New York (hereinafter
called the Rapid Transit Board), and John B. McDonald,
of said City, it is provided that simultaneously with the
execution of the said contract, the said John B. McDonald
shall file with the Comptroller of the City of New York
a bond executed by the said John B. McDonald and by
sureties approved by the Board in the sum of One million
dollars ($1,000,000) in the form provided in said con-
tract, which bond is therein referred to as a "continuing
bond" ; and
WHEREAS, Rapid Transit Subway Construction Com-
pany has been duly incorporated under the Business Cor-
porations Laws of New York for the purpose of aiding in
the construction of Rapid Transit Railroads in the City
of New York ; and
WHEREAS, the said Company has under agreement with
said John B. McDonald procured a surety for him upon
the said continuing bond ; and
WHEREAS, It has been agreed between the said Rapid
Transit Board of the one part and the said John B. Mc-
Donald, the contractor, and the said Rapid Transit Sub-
way Construction Company of the other part, that the
said last named Company or the Contractor shall contem-
poraneously with the execution of the said continuing
bond deposit with the Comptroller of the City of New
York securities of the kind in which Savings Banks of
this State are authorized by law to invest their funds,
and to be approved by the said Board and to be of the
value of One million dollars ($1,000,000), which so far
244
as may be necessary, the City shall apply in payment and
satisfaction of the said bond in case any liability shall
arise thereon, and the said Rapid Transit Board has fur-
ther agreed that, in case the Legislature shall amend the
Rapid Transit Act by permitting the deposit of securities
in lieu of the said continuing bond and the acceptance of
securities and the cancellation and return of said bond
as hereinafter provided, then the said Board will accept
the said securities as a deposit in lieu of the said bond
and will then cancel and return the same ; and
WHEREAS, The said Company has procured the said
continuing Bond to be duly executed by a surety satisfact-
ory to the said Rapid Transit Board, who has justified in
double the amount of the penalty of the said bond, and
said Company has deposited with the Comptroller of the
City of New York securities approved by the said Board
of the value of One million dollars ($1,000,000)
1ROW, therefore, the said City of New York
does hereby acknowledge that the Comptroller thereof
has under this agreement received from Rapid Transit
Subway Construction Company the following securities,
to wit :
$200,000. New York City Consolidated Stock, "Dock"
$% int. payable May & November due Nov.
i, 1924.
$100,000. New York City Consolidated Stock "Dock"
3% int. payable May & November due Nov.
ist, 1914.
$100,000. New York City Consolidated Stock "School
House" 3% interest payable May & November
due November i, 1908.
$250,000. New York City Corporate Stock "Aqueduct"
Z l /2% interest payable April & October due
Oct. ist, 1919.
$250,000. Illinois Central R. R. Co., St. Louis Division
& Terminal ist Mtge. Gold 3%. Interest pay-
able January & July due July i, 1951.
$100,000. Illinois Central R. R. Co., Louisville Division
& Terminal ist Mtge. Gold ^ l /2% interest pay-
able January & July due July I. 1953.
245
$2O,ooo. Illinois Central R. R. Co., Western Lines ist
Mtge. Gold 4% interest payable February &
August due Augt. I, 1951.
being the present market value of One million and twenty-
six thousand three hundred and eighty-six and 35-100
dollars ($1,026,386.35-100), IN CONSIDERATION WHERE-
OF the said City hereby agrees that in case any liability
shall at any time arise upon the said continuing bond the
City, in such manner as may be approved by the Rapid
Transit Board but upon written notice of at least ten
days, may sell said securities or so much thereof as may
be necessary to pay any sum which may be or become due
upon said bond and apply the same to the payment of such
liability and any such payment shall operate to relieve the
surety upon the said continuing bond to the same extent
as if he had made such payment.
lit 16 flirtber a0reefc that in case the legislat-
ure shall pass an act amending chapter four of the laws
of eighteen hundred and ninety-one, known as the Rapid
Transit Act, by permitting the deposit of cash or securities
in lieu of the said continuing bond, and the cancellation
and return of the said bond as hereinafter provided, then
and in such case the said Rapid Transit Board shall ac-
cept the securities aforesaid, or any other securities of the
kind above mentioned, and of the value of not less than
One million dollars ($1,000,000) approved by the said
Board, or the sum of One million dollars ($1,000,000) in
cash, as a deposit in lieu of said bond, and shall then can-
cel and return the said continuing bond.
lit 10 fUrtbCr a^rC^ that so long as there
shall be no default upon the said continuing bond the said
Rapid Transit Subway Construction Company shall be en-
titled to receive the interest which may become due from
time to time upon the securities deposited as herein pro-
vided, and the Comptroller shall at the request of the said
Company detach from and deliver over to it or upon its
order any coupons or interest warrants for such interest
within ten days before the same shall from time to time
become due and payable. And in case any default shall
246
occur on the said continuing bond the City shall have the
right to retain any interest which may thereafter become
due upon the said securities and apply the same in making
good such default until such default shall be made good,
and after such default shall be made good, then the inter-
est accruing on said securities shall be paid over as here-
inbefore provided.
And it is further agreed that the said Rapid Transit
Subway Construction Company may, from time to time,
withdraw any of the securities deposited hereunder upon
substituting other securities of the kind above described
and of equal value and satisfactory to and approved by the
Board or upon depositing cash to an amount equal in
value to the securities so withdrawn and may thereafter
withdraw any cash so deposited upon substituting therefor
securities of the kind above described and satisfactory to
and approved by the Board to an amount equal in value
to the cash so withdrawn.
In case any of the said securities shall at any time, in
the opinion of the Board, cease to be of the character of
securities in which the Savings Banks of the State of New
York are then authorized by law to invest their funds,
then within twenty days after notice to the Contractor and
the Rapid Transit Subway Construction Company, the
Contractor and the said Rapid Transit Subway Construc-
tion Company shall substitute for such securities other
securities of the character in which the Savings Banks of
the State of New York are then authorized by law to in-
vest their funds and of equal values to the securities so
objected to.
In case the entire amount of securities shall, in the
opinion of the Board, become of less value than the sum
of One million dollars ($1,000,000), then within twenty
days after notice to the Contractor and the said Rapid
Transit Subway' Construction Company, the Contractor
and the said Rapid Transit Subway Construction Com-
pany shall, under the terms of this agreement, deposit se-
curities or cash so as to make the total deposit of the full
value of One million dollars ($1,000,000), Provided, how-
ever, and it is expressly agreed that the obligations here-
247
under of the Contractor and the Rapid Transit. Subway
Construction Company shall be joint and several.
Htl Witne00 WbereOf, this instrument has been
executed for the City of New York by its Board of Rapid
Transit Railroad Commissioners under and by a resolution
duly adopted by the said Board with the concurrence of
more than six of its members and the seal of the said
Board has been hereto affixed and these presents signed
by the President and Secretary of the said Board, and the
Comptroller of the City of New York has signed. this in-
strument, and the Contractor, John B. McDonald, has
signed this instrument, and Rapid Transit Subway Con-
struction Company has caused its corporate seal to be
hereto affixed and these presents to be signed by its presi-
dent and secretary, all the day and year first above written.
THE BOARD OF RAPID TRANSIT RAIL-
ROAD COMMISSIONERS,
By A. E. ORR,
PRESIDENT.
[SEAL.]
ATTEST :
BION L. BURROWS,
SECY.
BIRD S. COLER,
COMPTROLLER OF THE CITY OF NEW YORK.
JOHN B. MCDONALD. [SEAL.]
RAPID TRANSIT SUBWAY
CONSTRUCTION COMPANY,
By AUGUST BELMONT,
PRESIDENT.
[SEAL.]
ATTEST :
FREDERICK EVANS,
SECRETARY.
248
STATE OF NEW YORK, )
COUNTY OP NEW YORK, j ss> '
On this 24th day of February. 1900, at the said city.
before me personally appeared Alexander E. Orr and
Bion L. Burrows, to me known and known to me to be,
the said Alexander E. Orr, the president, and the said
Bion L. Burrows, the secretary of the Board of Rapid
Transit Railroad Commissioners of the City of New York ;
and the said Alexander E. Orr and Bion L. Burrows, be-
ing by me duly sworn, did depose and say, each for him-
self and not one for the other, the said Alexander E. Orr,
that he resided in the Borough of Brooklyn, in the said
City, that he was the president of the said Board and that
he subscribed his name to the foregoing contract by virtue
of the authority thereof; and the said Bion L. Burrows
that he resided in the Borough of Brooklyn, in the said
City of New York, that he was the secretary of the said
Board and that he subscribed his name thereto by like au-
thority ; and both the said Alexander E. Orr and Bion L.
Burrows that they knew the seal of the said Board and
that the same was affixed to the foregoing instrument bv
the authority of the said Board and of a resolution duly
adopted by the same.
And on the same day, at the said county, before me duly
appeared John B. McDonald, to me known and known to
me to be the person and Contractor named in and who
executed the foregoing contract, and acknowledged to
me that he executed the same.
A. W. ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
249
STATE of NEW YORK.
K, 1
RK, j
SS
COUNTY of NEW YORK, r
On this twenty-fourth day of February, Nineteen hun-
dred, before me personally appeared BIRD S. COLER, to
me known and known to me to be the Comptroller of the
City of New York, and to me acknowledged that he exe-
cuted the foregoing instrument as such Comptroller.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed my Notarial seal the day and year aforesaid.
A. W. ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this twenty-fourth day of February, Nineteen hun-
dred, before me personally appeared AUGUST BELMONT,
to me known, who being by me first duly sworn, did de-
pose and say that he was the President of RAPID TRANSIT
SUBWAY CONSTRUCTION COMPANY ; that he knew the cor-
porate seal of said Company; that the seal affixed to the
foregoing instrument was such corporate seal ; that the
same was affixed by order of the Board of Directors of
said Company, and that he signed his name thereto as
President by like authority.
IN WITNESS WHEREOF I have hereunto set my hand
and affixed my Notarial seal the day and year aforesaid.
A. W. ANDREWS, (36)
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
250
Copy Stipulation.
SUPREME COURT,
APPELLATE; DIVISION, FIRST DEPARTMENT.
In the Matter
OF
The Application of the BOARD OF
RAPID TRANSIT RAILROAD COMMIS-
SIONERS FOR THE CITY OF NEW YORK
for the appointment of three Com-
missioners to determine whether a
Rapid Transit Railway or Railways
for the transportation of persons and
property as determined by said
Board ought to be constructed and
operated.
The Board of Rapid Transit Railroad Commissioners
of the City of New York, hereinafter called the Rapid
Transit Board, does hereby stipulate as follows :
The Rapid Transit Board will insert in any contract
it shall make for the construction, equipment and opera-
tion of the Rapid Transit Railroad described in the appli-
cation herein to the Appellate Division a requirement
that, to make the contract operative as against the City
of New York, the contractor or contractors shall give
security at the least as follows :
i. A bond pursuant to Sect. 34 of the Rapid Transit Act
in the penalty of at least One million dollars
($1,000,000) which shall be a continuing security
and shall provide for the prompt payment by the
contracting person, firm or corporation of the
amount of annual rental specified in the contract,
.and also for the faithful performance by said con-
tracting person, firm or corporation of all the condi-
tions, covenants and requirements specified and pro-
vided for in said contract and further providing that
such contracting person, firm or corporation and his
or its bondsmen, shall, in the case of default on the
part of such contractor provided in said Sect. 34,
be and continue jointly and severally liable to the
City of New York for the amount of the deficiency
therein mentioned until the end of the full term for
which the said contract shall have been originally
made.
2. A bond in the penalty of at least Five million dollars
($5,000,000) which shall provide that the contrac-
tor or contractors shall fully perform the said con-
tract so far as the same requires the construction and
equipment of the railroad, such bond to be executed
by two or several persons or corporations, each one
being bound for at least Five hundred thousand dol-
lars ($500,000) of the penalty, and all taken together
being bound for at least Five million dollars
($5,000,000) and each justifying in double the
amount for which such person or corporation shall
be bound.
In witness whereof, the Board of Rapid Transit Rail-
road Commissioners has caused this stipulation to be
signed by its President and Secretary and its official seal
to be hereunto affixed at the City of New York, within
252
the County of New York, on this I3th day of Novem-
ber, 1899.
THE BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS,
By ALEXANDER E. ORR,
President.
[SEAL.]
BEN. L. BURROWS,
Secretary.
The City of New York
By its Rapid Transit Board,
WITH
John B. HcDonald
Contractor.
AGREEMENT
Modifying Contract for Construction and
Operation of Rapid' Transit Railroad.
Dated, June aist, igoo.
Executed, August 3, 1900.
Ft. George Change of Route. 257
made this 2ist day of June in the year
Nineteen hundred, between the City of New York (here-
inafter called the City) acting by the Board of Rapid
Transit Railroad Commissioners for The City of New
York (hereinafter called the Board), party of the first
part, and John B. McDonald, of The City of New York
(hereinafter called the Contractor), party of the second
part:
Whereas, Heretofore, and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of a Rapid Transit Railroad in the City of
New York and otherwise as therein mentioned, the said
contract being hereinafter styled the Contract for Con-
struction and Operation ; and
Whereas, On or about the 2ist day of February, 1900.
and immediately after the execution of the contract for
construction and operation, the City, acting by the Board,
entered into a contract with the Contractor modifying the
said contract for construction and operation, the said
modifying contract being hereinafter styled the Agree-
ment for Modification of Contract ; and
258 Ft. George Change of Route.
Whereas, The Contractor has deposited with the Comp-
troller of the City certain security for the performance of
the said contract for construction and operation on his
part, and has given certain bonds as further security for
such performance, and upon such bonds there are sureties
as follows: Rapid Transit Subway Construction Com-
pany ; The United States Fidelity & Guaranty Company ;
The City Trust Safe' Deposit and Surety Company of
Philadelphia ; American Surety Company of New York ;
National Surety Company, and Perry Belmont ; and
Whereas, The Contractor desires, and the Board ap-
proves, a modification of the Routes and General Plan for
the Rapid Transit Railroad referred to in the said contract
for the construction and operation, as set forth in certain
resolutions adopted by the Board on 2ist June, 1900, a
copy of which is hereto annexed.
Now, therefore, in consideration of the premises and
subject to the consents hereinafter provided,
It is agreed that the said contract for construction and
operation, and the routes and general plan therein men-
tioned, be and the same hereby are modified as follows :
By striking from the said routes the portion thereof be-
Ft. George Change of Route. 259
ginning at a point under Eleventh avenue on the centre
line thereof produced and eleven hundred and five feet
north of the centre line of One Hundred and Ninetieth
street, and running thence under or over (as may be most
convenient) private property to a point at the southeast
end of Ellwood street, near Hillside street, and thence
over Ellwood street to Kingsbridge avenue or Broadway ;
thence over Kingsbridge avenue or Broadway as now
proposed to a point at or near its intersection with Am-
sterdam avenue and south of Riverdale avenue; and bv
inserting in the said routes instead of the portion thereof
thus struck out the following, to wit. :
Beginning at the point under Eleventh avenue on the
centre line thereof produced above named, namely eleven
hundred and five feet north of the centre line of One Hun-
dred and Ninetieth street, and running thence under and
over Eleventh avenue and private property to Naegle ave-
nue ; thence along and over Naegle avenue to Amsterdam
avenue ; thence along and over Amsterdam avenue to the
said point at or near its intersection with Kingsbridge
avenue or Broadway, and south of Riverdale avenue as
aforesaid.
260 Ft. George Change of Route.
The general plan of construction of the portion of the
route hereby substituted shall be as follows :
The tracks shall be placed in tunnel from the south end
of said portion to a point on private property between
Eleventh and Naegle avenues, within 200 feet from the
westerly side of Eleventh avenue, and northerly over the
rest of the portion of the route hereby substituted, shall be
carried upon a viaduct. There shall be at least two par-
allel tracks, with the right at any time to add a third track
in the discretion of the Board of Rapid Transit Railroad
Commissioners.
And it is further agreed that in all other respects the
provisions of the general plan of construction set forth in
the said contract for construction and operation shall be
applicable to the portion of the route hereby substituted.
And it is further agreed that the contractor shall become
entitled to additional payment for such additional work
and materials as shall be made necessary by the changes
hereby provided, and the City shall become entitled to
abatement from the contract price by reason of the dimin-
ution in work and materials by reason of such changes,
Ft. George Change of Route. 261
the amounts of such additional payments and such diminu-
tions to be determined as provided in chapter II. of the
said contract for construction and operation.
Provided, however, and it is expressly agreed that this
agreement shall take effect when and only when the fol-
lowing consents hereto and approvals hereof shall be duly
had, to wit:
1. The consents, as subjoined, of Rapid Transit Sub-
way Construction Company, The United States Fidelity
and Guaranty Company, The City Trust, Safe Deposit and
Surety Company of Philadelphia, The American Surety
Company of New York, National Surety Company, and
Perry Belmont.
2. The consent of the Municipal Assembly of The City
of New York.
3. The consent of the Mayor of The City of New York.
4. The consent of the owners of a majority in value of
the property along streets or such portions of streets as
are included in the portion of routes by this agreement
proposed to be substituted as aforesaid ; or if such consent
262 Ft. George Change of Route.
cannot be obtained,, then in lieu thereof the determination
of three Commissioners, to be appointed by the Appellate
Division of the Supreme Court, duly confirmed by the
said Appellate Division.
The plan hereto annexed is intended to show the modifi-
cation of the routes as hereby proposed.
In Witness Whereof, this contract has been exe-
cuted for The City of New York, by its Board of
Rapid Transit Railroad Commissioners, under
and bv a resolution duly adopted by said Board,
concurred in by more than six of its members,
and the seal of the said Board has been hereto
affixed and these presents signed by the President
and Secretary of the said Board, and the con-
tractor has hereto set his hand and seal the day
and year first above written.
JOHN B. MCDONALD,
BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS FOR THE CITY OF NEW
YORK,
[SEAL.] By A. E. ORR,
ATTEST : PRESIDENT.
BION L. BURROWS, SECRETARY.
Ft. George Change of Route. 263
STATE OF NEW YORK,
,1
ss
COUNTY OF NEW YORK '
On this 3 ist day of October, 1900, at the City of New
York, in said County, before me personally appeared
Alexander E. Orr and Bion L. Burrows, to me known
and known to me to be, the said Alexander E. Orr, the
President, and the said Bion L. Burrows, the Secretary, of
the Board of Rapid Transit Railroad Commissioners of
the City of New York ; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose
and say, each for himself and not one for the other, the
said Alexander E. Orr, that he resided in the Borough
of Brooklyn, in the said City, that he was the President
of the said Board, and that he subscribed his name to the
foregoing contract by virtue of the authority thereof;
and the said Bion L. Burrows, that he resided in the Bor-
ough of Brooklyn, in the said City, that he was the Sec-
retary of the said Bo,ard, and that he subscribed his name
thereto by like authority; and both the said Alexander
E. Orr and Bion L. Burrows, that they knew the seal
of the said Board, and that the same was affixed to
the foregoing instrument by the authority of the said
Board, and of a resolution duly adopted by the same.
STEPHEN CONNELL,
[SEAL.] NOTARY PUBLIC (163),
N. Y. Co.
264 Ft. George Change of Route.
STATE OF NEW YORK,
COUNTY OF NEW YORK
-jss.:
On this 3d day of August, 1900, before me personally
appeared John B. McDonald, to me known and known to
me to be the person and contractor named in and who
executed the foregoing contract, and acknowledged to me
that he executed the same.
FREDERICK EVANS,
[SEAL.] NOTARY PUBLIC No. 58,
New York County, N. Y.
The undersigned, being the sureties of John B. McDon-
ald, the contractor above mentioned upon the continuing
bond in the penalty of one million dollars ($1,000,000)
and the bond for construction and equipment in the pen-
alty of five million dollars ($5,000,000), hereby consent
to the making of the foregoing instrument.
Dated New York, June 21, 1900.
RAPID TRANSIT SUBWAY
CONSTRUCTION COMPANY,
[SEAL.] By AUGUST BELMONT,
PRESIDENT.
Ft. George Change of Route. 265
THE UNITED STATES FIDELITY
AND GUARANTY COMPANY,
[SEAL.] By JOHN B. BLAND,
ATTEST : PRESIDENT.
WYLLYS BENEDICT,
ATTORNEY IN FACT.
NATIONAL SURETY. COMPANY,
[SEAL.] By CHAS. A. DEAN,
ATTEST : PRESIDENT.
HENRY M. CHILDS,
SECRETARY.
THE CITY TRUST, SAFE DEPOSIT
AND SURETY COMPANY OF
PHILADELPHIA,
160 Broadway, N. Y.,
[SEAL.] JNO. A. SULLIVAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASSISTANT SECRETARY.
AMERICAN SURETY COMPANY OF
NEW YORK,
[SEAL.] By H. D. LYMAN,
ATTEST : PRESIDENT.
G. M. SWENEY,
SECRETARY.
[SEAL.] PERRY BELMONT.
266 Ft. George Change of Route.
STATE OF NEW YORK,
co
COUNTY OF NEW YORK, '
On the 1 8th day of September, 1900, before me person-
ally appeared Perry Belmont, to me known and known 10
me to be the individual described in and who executed the
foregoing consent, and he acknowledged to me that he
executed the same.
HARRY M. AUSTIN,
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] Queens County.
Certificate filed in New York County.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this 4th day of August, 1900, before me personally
appeared John H. Brand, to me known, who, being by me
first duly sworn, did depose and say that he was the Presi-
dent of United States Fidelity and Guaranty Company
of Maryland, the corporation described in and which exe-
cuted the foregoing consent ; that he knew the corporate
seal of said company ; that the seal affixed to said consent
was such corporate seal ; that it was affixed thereto by or-
der of the Board of Directors of such company, and that
he signed his name thereto by like authority. And also,
on the 6th day of August, 1900, before me personally ap-
peared John A. Sullivan, to me known, who, being by me
first duly sworn, did depose and say that he was the Vice-
President of the City Trust, Safe Deposit and Surety Com-
pany of Philadelphia, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also, on the 6th day of August, 1900, before me
Ft. George Change of Route. 267
personally appeared Henry D. Lyman, to me known, who,
being by me first duly sworn, did depose and say that he
was the President of American Surety Company of New
York, the corporation described in and which executed
the foregoing consent ; that he knew the corporate seal of
said company ; that the seal affixed to said consent was
such corporate seal; that it was affixed thereto by order
of the Board of Directors of such company, and that he
signed his name thereto by like authority. And also, on the
6th day of August, 1900, before me personally appeared
Charles A. Dean, to me known, who, being by me first
duly sworn, did depose and say that he was the Presi-
dent of National Surety Company of New York, the
corporation described in and which executed the forego-
ing consent ; that he knew the corporate seal of said com-
pany ; that the seal affixed to said consent was such cor-
porate seal; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like authority. And also on the 3d
day of August, 1900, before me personally appeared Au-
gust Belmont, to me known, who being by me first duly
sworn, did depose and say that he was the President of
Rapid Transit Subway Construction Company, the cor-
poration described in and which executed the foregoing
consent ; that he knew the corporate seal of said com-
pany ; that 'the seal affixed to said consent was such cor-
porate seal ; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like authority.
A. W. ANDREWS,
[NOTARIAL] NOTARY PUBLIC (34),
[ SEAL. ] N. Y. Co.
268 Ft. George Change of Route.
Resolutions Adopted by the Rapid Transit Board
on 21st June, 19OO.
Whereas, This Board did on the I4th day of January,
1897, and 4th day of February, 1897, adopt certain
Routes and General Plan for a Rapid Transit Railroad
in The City of New York, a copy of which is hereto
annexed, entitled "Copy Routes and General Plan" ; and
Whereas, The said Routes and General Plan were af-
terward duly approved by the municipal authorities of
The City of New York and were duly consented to by
Commissioners appointed by the Appellate Division of
the Supreme Court, which consent was duly confirmed
by the said Appellate Division, in lieu of the consent of
the owners of a majority in value of the property along
the said routes; and
Whereas, Thereafter and on or about the 2ist day of
February, 1900, The City of New York did, by this
Board, enter into a certain contract with John B. Mc-
Donald for the construction and operation of the said
Rapid Transit Railroad; and
Whereas, It is the interest of The City of New York
and, in the opinion of the said John B. McDonald, it is
likewise in his interest, as such contractor, and he de-
sires that said Routes and General Plan shall be changed
in the respect hereinafter mentioned but without other
change in the said routes and general plan ; now there-
fore it is
Resolved, That, subject to the consents and approvals
to be first obtained as in these resolutions hereinafter
mentioned, the said Routes and General Plan heretofore
adopted by this Board be and they hereby are modified
as follows:
By striking from the said routes the portion thereof
beginning at a point under Eleventh avenue on the cen-
tre line thereof produced and eleven hundred and
five feet north of the centre line of One Hun-
Ft. George Change of Route. 269
dred and Ninetieth street, and running thence under
or over (as may be most convenient) private prop-
erty to a point at the southeast end of Ellwood
street, near Hillside street, and thence over Ellwood
street, to Kingsbridge avenue or Broadway ; thence
over Kingsbridge avenue or Broadway as now proposed
to a point at or near its intersection with Amsterdam
avenue and south of Riverdale avenue ; and by inserting
in the said routes instead of the portion thereof thus
struck out the following, to wit: Beginning at the point
under Eleventh avenue on the centre line thereoi pro-
duced above named, namely, eleven hundred and five feet
north of the centre line of One Hundred and Ninetieth
street, and running thence under and over Eleventh ave-
nue and private property to Naegle avenue, thence along
and over Naegle avenue to Amsterdam avenue; thence
along and over Amsterdam avenue to the said point at
or near its intersection with Kingsbridge avenue or
Broadway, and south of Riverdale avenue as aforesaid.
The general plan of construction of the portion of th*
route hereby substituted shall be as follows :
The tracks shall be placed in tunnel from the south end
of said portion to a point on private property between
Eleventh and Naegle avenues, within 200 feet from the
westerly side of Eleventh avenue, and northerly over the
rest of the portion of the route hereby substituted shall
be carried upon a viaduct. There shall be at least two
parallel tracks with the right at any time to add a third
track in the discretion of the Board of Rapid Transit
Railroad Commissioners. In all other respects the pro-
visions of the said General Plan of Construction adopted
on 1 4th January and 4th February, 1897, shall be appli-
cable to the portion of the route hereby substituted ; and
it is further
Resolved, That whereas this Board has duly made the
inquiries and investigation necessary or proper in the
premises and has determined that the modification afore-
said of the said Routes and General Plan are necessary
270 Ft. George Change of Route.
for the interests of the public and of The City of New
York and should be established as herein provided, this
Board does hereby determine and establish the said
routes and general plan as hereby modified, subject to
the consents and approvals to be first obtained as here-
inafter mentioned ; and it is further
Resolved, That the said modification of routes and
general plan shall take effect only upon and after the fol-
lowing consents and approvals thereto shall be duly had,
to wit:
1. The consent of the said John B. McDonald, con-
tractor, and of his sureties, as follows : Rapid Transit
Subway Construction Company; The United States
Fidelity and Guaranty Company; The City Trust, Safe
Deposit and Surety Company of Philadelphia ; American
Surety Company of New York; National Surety Com-
pany, and Perry Belmont.
2. The consent of the Municipal Assembly of The
City of New York.
3. The consent of the Mayor of The City of New
York.
4. The consent of the owners of a majority in value
of the property along streets or such portions of streets
as are included in the portion of routes by these resolu-
tions proposed to be substituted, as aforesaid ; or if such
consent cannot be obtained, then in lieu thereof the de-
termination of three Commissioners to be appointed by
the Appellate Division of the Supreme Court duly con-
firmed by the said Appellate Division.
Copy Routes and General Plan.
January 14, 1897.
One route as follows: Its centre line shall commence
at a point at or near the intersection of Broadway with
Park Row; thence under Park Row and Centre street to
a point at or near its intersection with New Elm street,
Ft. George Change of Route. 271
as proposed ; thence under New Elm street, as proposed,
to Lafayette place ; thence under Lafayette place to
Eighth street ; thence across and under Eighth street,
and thence under private property lying between Eighth
and Ninth streets and east of the westerly side or line of
Lafayette place, produced, to Fourth avenue; thence un-
der Fourth avenue and Park avenue to Forty-second
street ; thence turning from Park avenue into' Forty-sec-
ond street, and taking for the purposes of the curve, if
necessary or convenient, private property at the south-
west corner of Park avenue and Forty-second street ;
thence under Forty-second street to Broadway ; thence
under Broadway to Fifty-ninth street; thence under the
Boulevard to a point at or near One Hundred and Twen-
ty-fourth street; thence by viaduct along and over the
Boulevard to a point at or near One Hundred and Thir-
ty-fourth street; thence under the Boulevard and Elev-
enth avenue to a point on Eleventh avenue, situate north
of One Hundred and Ninetieth street, and distant there-
from not less than one thousand and not more than one
thousand five hundred feet, and thence under or over (as
may be most convenient) private property to a point at
the southeast end of Ellwood street near Hillside street;
and thence over Ellwood street to Kingsbridge avenue
or Broadway ; thence over Kingsbridge avenue or Broad-
way, as now proposed, to Riverdale avenue and thence
easterly over Riverdale avenue to a point within five
hundred feet of the present Kingsbridge station of the
New York and Putnam Railroad Company.
This route shall include a loop at the City Hall Park
which shall connect with the portion of the route afore-
said along Centre street at or near the south end of that
street, and thence proceed westerly and southerly under
City Hall Park and Broadway, and thence easterly to
again connect with the portion of the route aforesaid in
Park Row. All of the said loop shall lie under City Hail
Park, Park Row, between the south end of Centre street
and Ann street, and the portion of Broadway adjoining
the City Hall Park lying between Vesey and Murrav
streets. This route shall also include suitable tracks and
connections from the City Hall loop to the Post-office,
272 Ft. George Change of Route.
such tracks and connections being under the City Hall
Park and under the portion of Park Row between the
south end of Centre street and Ann street. This route
shall also include suitable tracks and connections from
the portion of the route near the corner of Park avenue
and Forty-second street to the yard and tracks of the
Grand Central Station. All of the tracks and connec-
tions last mentioned shall be under Park avenue and
Forty-second street and private property to be acquired.
By private property in this description is meant property
not forming part of the streets of The City of New York
and not belonging to The City of New York.
Also a route as follows : Its centre line shall diverge
from the route aforesaid on the Boulevard, between a
line parallel to and one hundred feet north of One Hun-
dred and Third street, and a line parallel to and one
hundred feet south of One Hundred and Third
street, thence under private property to a point
in One Hundred and Fourth street ; thence under
One Hundred and Fourth street to and across Central
Park, West; thence under Central Park to the intersec-
tion of Lenox avenue and One Hundred and Tenth
street ; thence under Lenox avenue to a point near One
Hundred and Forty-second street ; thence curving to the
east and passing under private property, One Hundred
and Forty-third and One Hundred and Forty-fourth
streets, to the Harlem River at or near the foot of One
Hundred and Forty-fifth street ; thence under the Har-
lem River and private property to East One Hundred
and Forty-ninth street at or near its intersection with
River avenue ; thence under East One Hundred and
Forty-ninth street to a point near its intersection with
Third avenue ; thence with a curve to the left and under
Third avenue to a point near its intersection with West-
chester avenue; thence with a curve to the right to and
under Westchester avenue, and thence by viaduct over
and along Westchester avenue to the Southern Boule-
vard; thence over and along the Southern Boulevard to
the Boston road, and thence over and along the Boston
road to Bronx Park.
Ft. George Change of Route. 273
The said General Plan of Construction hereby adopted
is as follows :
For the route under Park Row and the said loop at
City Hall Park, two parallel tracks ; for the route from
the point of connection of the City Hall loop with the
route aforesaid, at the southerly end of Centre street, to
the junction at or near One Hundred and Third street
and the Boulevard, four parallel tracks; for the route
from the junction at or near One Hundred and Third
street and the Boulevard to the New York and Putnam
Railroad Company's station at Kingsbridge, two parallel
tracks ; for the route from the junction at or near One
Hundred and Third street and the Boulevard to Bronx
Park, two parallel tracks.
All of the above-mentioned tracks shall be placed on
the same level, except that wherever required by special
necessities of surface or sub-surface structures or other
special or local necessities and for the purpose of avoid-
ing grade crossings at the southerly end of Centre street
and the One Hundred and Third street junction, any one
or more of the tracks may be depressed below the level
of the other tracks to a depth of not more than twenty
feet.
The tracks shall be of standard gauge, that is to say,
of a width of four feet and eight and a half inches be-
tween the rails. There shall be twelve and a half feet
width in the tunnels and on the viaducts for each track,
except that at stations, switches, turn-outs, curves and
cross overs the width may be increased to the extent per-
mitted by the width of the tunnel. The tracks wherever
passing over or under the streets shall be placed over or
under the central part of the street, except that no tunnel
or viaduct or any wall or part thereof under or along a
street shall, except at the stations, station approaches,
curves and at places of access to sub-surface structures,
as hereinafter provided, be within a distance of five feet
of the exterior line or side of the street. The tracks
shall in all cases be placed in tunnels, except only that on
the west side route on the Boulevard at or near One
274 Ft. George Change of Route.
Hundred and Twenty-fourth street the tracks shall
emerge from the tunnel and be carried upon a viaduct
along the Boulevard to a point at or near One Hundred
and Thirty-fourth street and there be taken again into
the tunnel, and except also that on the west side route at
a point at or near One Hundred and Ninetieth street the
tracks shall again emerge from the tunnel and be carried
upon a viaduct over private property and the above-men-
tioned streets to the Kingsbridge station, and except also
that on the east side from a point on Westchester ave-
nue at or near Bergen avenue the tracks shall emerge
from the tunnel and be carried upon a viaduct over and
along Westchester avenue and the other streets above
mentioned to Bronx Park.
Wherever the tracks change from tunnel to viaduct, or
from viaduct to tunnel, the change shall be so made as to
occupy or obstruct the use of the surface of the street to
the least possible extent consistent with the proper gradi-
ent for the tracks.
The roof of the tunnel shall be as near the surface of
the street as street conditions and grades will permit.
The tunnel shall not be less than thirteen feet in height
in the clear. The maximum width of the tunnel in the
clear shall be as follows :
For the route under Park Row and the City Hall Park
loop, thirty-eight feet; for the route from, at or near
the south end of Centre street, and to the commencement
of New Elm street, fifty feet; for the route from, at, or
near the commencement of New Elm street to La-
fayette place, sixty-eight feet ; for the route from,
at, or near the commencement of Lafayette place
to the junction at or near One Hundred and
Third street, fifty feet; for the west side route
from the junction at or near One Hundred and Third
street to Kingsbridge station, twenty-five feet ; and for
the east side route from, at, or near the junction at One
Hundred and Third street to Bronx Park, twenty-five
feet ; except that wherever the nature of the streets ne-
Ft. George Change of Route. 275
cessitates a curve that an additional width of tunnel may
be added not exceeding three feet for each track, and ex-
cept that on Fourth avenue, from Thirty-second street to
Forty-third street, the permissible width shall be sixty-
five feet; and for the tunnel beneath the Harlem River
and its approaches the permissible width shall be thirty-
five feet. At each cross street where accommodations
for pipes, wires, sewers and other sub-surface structures
have been provided within the tunnel, the tunnel may,
in order to provide convenient access to such pipes, wires,
sewers and other sub-surface structures, have, within the
limit of the sides or exterior lines of such cross street or
such lines produced, an additional width on each side of
the route, not to exceed fifteen feet, and the area of- ad-
ditional width on either side not to approach nearer than
twelve feet to either side or exterior line of such cross
streets. Footways between the tracks shall be provided
the whole length of the line and accommodations ar-
ranged for the convenience and protection of employees.
Whenever necessary for the proper support of the
street surface, the roof of the tunnel shall be of iron or
steel girders with brick or concrete arches supported by
iron or steel columns and masonry walls, or the roof
shall be a masonary arch. Viaducts shall be built with a
width of twelve and one-half feet for each track and with
an additional width of three feet on each side for outside
footways. Viaducts may be built of metal or masonry,
or of both.
Adjacent tracks shall be connected by necessary and
suitable switches and connections, and an additional
track for siding accommodation may be constructed, not
to exceed in length one-quarter of a mile for each mile
of roadway, but provided always that the side of the tun-
nel shall not, by the enlargement of the tunnel for that
purpose, be brought within five feet of the exterior line
or side of the street.
Along Elm street, wherever the tunnel shall be in the
clear not less than sixty-eight feet wide, the pipes, wires,
sewers and other sub-surface structures shall be placed
276 Ft. George Change of Route.
in suitable galleries in the tunnel at the outside of the
exterior tracks. But any such pipes, wires, sewers and
other subsurface structures may be placed in suitable
galleries beneath the tracks, or such pipes, wires, sewers
and other subsurface structures may be placed in the
ground above or at the sides of the tunnel, or at the out-
side of the exterior tracks, and whenever so placed be-
neath the tracks, or in the ground above or at the sides
of the tunnel, the width of the tunnel on New Elm street
shall not be more than fifty feet. Pipes, wires, sewers and
other subsurface structures shall, at any part of the said
routes, be removed or disturbed only when necessary for
the construction and operation of the railway, and, if re-
moved or disturbed, shall be placed under the streets in
such manner and in such location that the use and ser-
vice thereof shall not be impaired. Such pipes, wires,
sewers and other subsurface structures shall be left or
shall be so arranged as to give free access for their re-
pair or alteration, or for the placing with them of new
pipes, wires, sewers and other like structures, and for
making connections between the same and buildings at
any time.
Stations and station approaches shall, in general, be at
the intersection of streets and shall be built under, or, if
the position of the tracks so require, over, the streets and
immediately adjoining private abutting property, or
through private property to be acquired for the purpose,
or both under or over streets and through private prop-
erty as aforesaid, except that on the Boulevard stations
and station approaches may be in the centre of the street.
The streets under or over which stations or station ap-
proaches shall be built may include cross streets, but no
part of any cross street shall be used for station or sta-
tion approach at a .distance greater than seventy-five feet
from the exterior line or side of the street of the route.
The word "street," wherever used herein, shall include
an avenue or public place.
Along the Boulevard there may be openings in the
surface of the street from the tunnel for the purpose of
ventilation and light ; such openings shall be guarded
Ft. George Change of Route. 277
by convenient and ornamental inclosures. The openings
shall not exceed twenty feet in width and fifty feet in
length. No two openings shall be within fifty feet of
each other. No opening or part thereof shall be within
the limits of, or opposite to, any street intersecting the
Boulevard ; and within the distance of any one block on
the Boulevard between any two adjacent crossing streets
there shall not be more than two such openings.
The general mode of operation shall be by electricity
or some other power not requiring combustion within the
tunnels or on the viaducts, and the motors shall be capa-
ble of moving trains at a speed of not less than forty
miles per hour for long distances, exclusive of stops.
The manner of construction shall be by tunnelling or
open excavation ; it is further
Resolved, That plans be prepared to show the route
and general plan, in so far as they are hereby adopted,
which said plans', when formerly adopted, shall be
deemed to be incorporated herein and to form a part
hereof.
February 4, 1897.
Resolved, That this Board of Rapid Transit Railroad
Commissioners for The City of New York hereby adopts
the drawings now produced, and numbered from I to 60,
both inclusive, as showing the route and general plan
adopted by resolution of this Board on January 14, 1897,
and that, as provided in the said resolution, the said
drawings be deemed incorporated in and to form part of
the said resolution; and it is further
Resolved, That the said route and general plan, with
the said drawings and the said resolution of January 14,
1897, be and they hereby are adopted by this Board.
The foregoing contract is hereby approved as to form.
Dated New York, June 21, 1900.
THEODORE CONNOLY,
ACTING CORPORATION COUNSEL OF THE CITY OF NEW
YORK.
The City of New York
By its Rapid Transit Board.
WITH
John B. McDonald,
Contractor.
AGREEMENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
Dated, January loth, igoi.
Executed, February, 1901.
City Hall Changes, etc. 281
made this loth day of January, in
the year 1901, between the CITY OF NEW YORK, herein-
after called the City, acting by the Board of Rapid
Transit Railroad Commissioners for the City of New
York, hereinafter called the Board, party of the first
part, and JOHN B. MCDONALD, of the City of New
York, hereinafter called the Contractor, party of the
second part.
WHEREAS heretofore, and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of a Rapid Transit Railroad in the City
of New York, and otherwise, as therein mentioned, the
said contract being hereinafter styled the Contract for
Construction and Operation, which contract was on said
day modified in certain respects by a further agreement
between the said parties, bearing the same date ; and
WHEREAS, the Contractor furnished the bonds and
gave the security required by said contract and agree-
ment modifying the same; and
282 City Hall Changes, etc.
WHEREAS, the plans and specifications of said rail-
road contemplated and required the construction of a
terminal loop at the City Hall Park, and the parties
desire that the said loop shall be shorter and less ex-
pensive than as provided in the said contract and that
the same shall be constructed in accordance with the
plans hereinafter mentioned,
1R.OW, tfoCrCfOCC, in consideration of the prem-
ises and of the covenants and agreements hereinafter
contained,
Ht 10 agreefc as follows:
The City and the Board, upon the request and ap-
proval hereinafter mentioned, hereby require so much
of the work and material specified and provided to be
done and furnished in said contract in the construction
of the said loop as planned and shown by the Contract
Drawings Nos. A I and C I to C 5 inclusive, dated 7th
April, 1898, to be omitted, and the Contractor hereby
requests the Board to make such requirement, and ap-
proves the same.
City Hall Changes, etc. 283
And it is hereby FURTHER AGREED that the Contractor
shall construct the said loop in accordance with the plans
hereunto annexed, marked "Contract Drawing No. A I
(amended)" dated loth January, 1901, all of which
loop shall lie under the City Hall Park, including that
portion of said Park known as Mail street, lying north
of the Post Office Building and a portion of Park Row
between the south end of Centre street and Beekman
street.
The Contractor covenants and agrees to construct the
said last mentioned terminal loop in accordance with
the said requirement hereby made, and covenants and
admits that the said loop as so required is now lawfull>
and duly authorized by the Board, and the Contractor
for himself, his successor or successors and assigns here-
*
by covenants and agrees that neither he nor they nor
any of them will either directly or indirectly claim or
assert to the contrary in any action or proceeding which
may at any time be brought against him, or any of them,
or which he or any of them may bring or to which he
or any of them may be a party or parties, under or by
284 City Hall Changes, etc.
reason of the said contract for construction and opera-
tion, or any provision thereof, Provided, however, that
in case the Contractor shall at any time be lawfully re-
quired to construct a terminal loop as originally de-
scribed in the contract for construction and operation,
no part of the amount paid the Contractor for the con-
struction of such part of the loop as hereby provided to
be constructed as is not coincident with the loop as so
originally described, shall be charged against the Con-
tractor as payment on account of the construction of the
loop as originally described, but the work done in con-
struction of the said part of the loop as hereby provided
shall in such case be considered additional work under
the said contract for construction and operation and
allowed accordingly.
PROVIDED FURTHER, AND IT is EXPRESSLY AGREED,
that this agreement shall take effect when and only
when the following consents hereto and approvals here-
of shall be duly had, to wit, the consents as subjoined
of Rapid Transit Subway Construction Company; The
United States Fidelity & Guaranty Company; The
City Hall Changes, etc. 285
City Trust, Safe Deposit and Surety Company of Phila-
delphia; American Surety Company of New York;
National Surety Company, and Perry Belmont.
flit WitlieS0 WbereOf, this contract has been
executed for the City of New York, by its Board of
Rapid Transit Railroad Commissioners, under and by
a resolution duly adopted by said Board concurred in
by six of its members, and the seal of the said Board
has been hereto affixed, and these presents signed
by the President and Secretary of the said Board, and
the Contractor has hereunto set his hand and seal the
day and year first above written.
JOHN B. McDONALD. [SEAL.]
THE BOARD OF RAPID TRANSIT RAIL-
ROAD COMMISSIONERS,
By A. E. ORR,
President.
BION L. BURROWS,
Secy. [SEAL.]
286 City Hall Changes, etc.
STATE OF NEW YORK, 1
> ss
County of New York, J
On this I4th day of February, 1901, at the City
of New York, in said County, before me personally
appeared Alexander E. Orr and Bion L. Burrows, to me
known and known to me to be, the said Alexander E.
Orr, the president, and the said Bion L. Burrows, the
secretary of the Board- of Rapid Transit Railroad Com-
missioners for the City of New York; and the said
Alexander E. Orr and Bion L. Burrows, being by me
duly sworn, did depose and say, each for himself and
not one for the other, the said Alexander E. Orr, that
he resided in the Borough of Brooklyn, in the said
City, that he was the president of the said Board and
that he subscribed his name to the foregoing con-
tract by virtue of the authority thereof; and the said
Bion L. Burrows, that he resided in the Borough of
Brooklyn, in the said City of New York, that he was
the secretary of the said Board and that he subscribed
his name thereto by like authority; and both the said
Alexander E. Orr and Bion L. Burrows that they
City Hall Changes, etc. 287
knew the seal of the said Board and that the same was
affixed to the foregoing instrument by the authority
of the said Board and of a resolution duly adopted by
the same.
H. A. D. HOLLMANN,
Notary Public for Kings County, N. Y.
Certificate filed in New York County.
[NOTARIAL SEAL.]
STATE OF NEW YORK, | ,
County of New York, J
On this nth day of February, 1901, before me per-
sonally appeared John B. McDonald, to me known
and known to me to be the person and Contractor
named in and who executed the foregoing contract,
and acknowledged to me that he executed the same.
A. W. ANDREWS,
Notary Public (34),
N. Y. Co.
[NOTARIAL SEAL.]
288 City Hall Changes, etc.
bC Unt>eV0tC$nefc, being the sureties of John
B. McDonald, the Contractor above mentioned, upon
the continuing bond' in the penalty of One million dol-
lars ($1,000,000) and the bond for construction and
equipment in the penalty of Five million dollars ($5,000,-
ooo) hereby consent to the making of the foregoing in-
strument.
Dated New York, January loth, 1901.
RAPID TRANSIT SUBWAY CONSTRUCTION
COMPANY,
By W. G. OAKMAN,
[SEAL.] Vice-Prest.
Attest :
FREDERICK EVANS,
Secretary.
THE CITY TRUST, SAFE DEPOSIT AND
SURETY COMPANY OF PHILADELPHIA,
160 BROADWAY, N. Y.
JNO. A. SULLIVAN,
Vice-President.
P. H. MOONEY,
[SEAL.] Asst. Secretary.
City Hall Changes, etc. 289
AMERICAN SURETY COMPANY OF NEW
YORK,
By H. D. LYMAN,
President.
G. M. SWENEY,
Secretary.
[SEAL.]
THE UNITED STATES FIDELITY AND GUAR-
ANTY COMPANY,
By JOHN R. BLAND,
President.
[SEAL.]
Attest :
WYLLYS BENEDICT,
Attorney in Fact.
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
President.
[SEAL.]
Attest :
BALLARD McCALL,
Secretary.
PERRY BELMONT. [SEAL.]
STATE OF NEW YORK. )
> ss *
County of New York, j
On the nth day of February, 1901, before me per-
sonally appeared Perry Belmont, to me known and
290 City Hall Changes, etc.
known to me to be the individual described in and who
executed the foregoing consent, and he acknowledged
to me that he executed the same.
A. W. ANDREWS,
[NOTARIAL SEAL.] Notary Public (34),
N. Y. Co.
STATE OF NEW YORK. 1
I ss '
County of New York, j
On this 1 3th day of February, 1901, before me per-
sonally appeared John R. Bland, to me known, who
being by me first duly sworn, did depose and say that
he was the President of The United States Fidelity &
Guaranty Company, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company; that the seal affixed
to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of
City Hall Changes, etc. 291
such company, and that he signed his name thereto by
like authority. And also, on the nth day of February,
1901, before me personally appeared John A. Sullivan,
to me known, who being by me first duly sworn, did
depose and say that he was the Vice-President of The
City Trust Safe Deposit and Surety Company of Phila-
delphia, the corporation described in and which executed
the foregoing consent; that he knew the corporate seal
of said company; that the seal affixed to said consent
was such corporate seal; that it was affixed thereto by
order of the Board of Directors of such company, and
that he signed his name thereto by like authority. And
also, on the eleventh day of February, 1901, before me
personally appeared Henry D. Lyman, to me known, who
being by me first duly sworn, did depose and say that
he was the President of American Surety Company of
New York, the corporation described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company; that the seal affixed to said con-
sent was such corporate seal; that it was affixed thereto
292 City Hall Changes, etc.
by order of the Board of Directors of such company,
and that he signed his name thereto by like authority.
And also on the 1/j.th day of February, 1901, before me
personally appeared Charles A. Dean, to me known, who
being by me first duly sworn, did depose and say that he
was the President of National Surety Company of New
York, the corporation described in and which executed
the foregoing consent; that he knew the corporate seal
of said company ; that the seal affixed to said consent
was such corporate seal; that it was affixed thereto by
order of the Board of Directors of such company, and
that he signed his name thereto by like authority. And
also on the nth day of February, 1901, before me per-
sonally appeared Walter G. Oakman, to me known, who
being by me first duly sworn, did depose and say that
he was the Vice-President of Rapid Transit Subway Con-
struction Company, the corporation described in and
which executed the foregoing consent; that he knew
the corporate seal of said company; that the seal affixed
to said consent was such corporate seal ; that it was
City Hall Changes, etc. 293
affixed thereto by order of the Board of Directors of
such company, and that he signed his name thereto by
like authority.
A. W. ANDREWS,
Notary Public (34),
N. Y. Co.
[NOTARIAL SEAL.]
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED AS
TO FORM.
Dated, New York, January , 1901.
JOHN WHALEN,
Corporation Counsel.
The City of New York
By its Rapid Transit Board.
WITH
John B. ficDonald,
Contractor,
AGREEflENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
Dated, May 2td, igoi.
Executed, September, igoi.
Siding and Terminals. 297
made this second day of May, in the
year 1901, between the CITY OF NEW YORK, hereinafter
called the City, acting by the Board of Rapid Transit Rail-
road Commissioners for the City of New York, hereinaf-
ter called the Board, party of the first part, and JOHN B.
MCDONALD, of the City of New York, hereinafter called
the Contractor, party of the second part, WITNESSETH :
WHEREAS, Heretofore and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered into
a contract with the Contractor for the construction and
operation of a Rapid Transit Railroad in the City of New
York and otherwise as therein mentioned, the said con-
tract being hereinafter styled the Contract for Construc-
tion and Operation; which contract was on said day
modified in certain respects by a further agreement be-
tween the said parties bearing the same date ; and which
contract has been further modified by a certain other
agreement between the said parties, bearing date January
10, 1901 ; and
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the perform-
298 Siding and Terminals.
ance of the said contract for construction and operation
on his part and has given certain bonds as further secur-
ity for such performance and upon such bonds there are
sureties as follows : Rapid Transit Subway Construction
Company, The United States Fidelity & Guaranty Com-
pany, The City Trust, Safe Deposit and Surety Company
of Philadelphia, American Surety Company of New York,
National Surety Company, and Perry Belmont; and
WHEREAS, It is in said Contract for Construction and
Operation provided that the said Board of Rapid Transit
Railroad Commissioners shall have the right for any sec-
tion of the railroad to require additional work to be done
or additional materials to be furnished or both, within the
general purview of a rapid transit railroad as therein de-
scribed, the reasonable value of which should be addition-
ally paid to the contractor ; and
WHEREAS, The Contractor desires, and the Board ap-
proves, a modification of the said Contract for the Con-
struction and Operation as set forth in certain resolutions,
adopted by the Board on May 2, 1901, a copy of which
is hereto annexed, in order to provide for the additional
Siding and Terminals. 299
construction of certain tracks as in said resolutions and
herein described,
in consideration of the prem-
ises, and subject to the consents hereinafter provided, it
10 afreet) that the said contract be and the same is
hereby modified as follows :
In addition to the tracks to be laid as prescribed in the
Specifications in said contract contained under the head
"i. General Description," the Contractor shall, at the
time of constructing the same, also lay and construct a
sidetrack along the portion of the line of railroad as in
said Specifications described, extending along the Boule-
vard (now Broadway) from a point at or near the north
side of One Hundred and Third street to the southerly
side of One Hundred and Thirty-seventh street, the same
to be laid and constructed in accordance with plans and
drawings to be prepared and issued by the Chief Engineer
of the Board of Rapid Transit Railroad Commissioners.
And it is hereby AGREED that the reasonable value of con-
3oo Siding and Terminals,
structing said sidetrack shall be deemed a part of the cost
of constructing said rapid transit railroad, and shall be
ascertained and determined and paid to the Contractor in
the manner provided in the contract for the construction
and operation of said rapid transit railroad in addition to
the amounts in said contract agreed to be paid unto said
Contractor, and such additional amounts so paid shall be
included in the total cost of the construction of the said
railroad in determining the amount of rental to be paid
under said contract in like manner as if said sidetrack
had been originally authorized therein; and
WHEREAS, It is in said Contract for the Construction
and Operation of the rapid transit railroad further provid-
ed that the Contractor shall locate and furnish terminal
grounds subject to the approval of said Board having a
mileage of not less than five miles and capable of storing
the equipment to be furnished under said contract for
which he is to be paid as specified therein amounts not ex-
ceeding in all the sum of One million seven hundred and
fifty thousand dollars ($1,750,000).
Siding and Terminals. 301
flt 19 bCreb afreet), that the Contractor shall
construct as a part of such terminals three additional
tracks on either side of the main track on the portion of
the west side line, extending along the Boulevard (now
Broadway) between the station at One Hundred and
Thirty-seventh street and the station at One Hundred
and Forty-fifth street, and that the exact cost thereof, to-
gether with ten per cent. ( 10% ) thereon in addition there-
to shall be allowed and paid the Contractor, as in said con-
tract provided, and charged against said Contractor as a
payment on account of the total sum of One Million Seven
Hundred and Fifty Thousand Dollars ($1,750,000) al-
lowed in said contract for terminals as aforesaid.
PROVIDED, HOWEVER, and it is expressly AGREED that
this agreement shall take effect when and only when the
following consents hereto and the approvals hereof shall
be duly had, to wit :
The consents as subjoined of Rapid Transit Subway
Construction Company, The United States Fidelity &
302 Siding and Terminals.
Guaranty Company, The City Trust, Safe Deposit &
Surety Company of Philadelphia, American Surety Com-
pany of New York, National Surety Company, and Perry
Belmont.
11 n WttneSS WbCrCOf, this contract has been
executed for the City of New York by its Board of Rapid
Transit Railroad Commissioners under and by a resolu-
tion duly adopted by said Board, concurred in by more
than six of its members, and the seal of the said Board
has been hereto affixed and these presents signed by the
president and secretary of the said Board and the Con-
tractor has hereto set his hand and seal the day and year
first above written.
[SEAL.] JOHN B. MCDONALD.
BOARD OF RAPID TRANSIT R. R,
, COMRS.
By A. E. ORR,
PREST.
[SEAL.] BION L. BURROWS,
SECY.
Siding and Terminals. 303
STATE OF NEW YORK,
ss
COUNTY OF NEW YORK,
On this 27 day of Sept., 1901, in the City of New York,
in said County, before me personally appeared Alexander
E. Orr and Bion L. Burrows, each to me known and
known to me to be, the said Alexander E. Orr, the presi-
dent, and the said Bion L. Burrows, the secretary of the
Board of Rapid Transit Railroad Commissioners for The
City of New York; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose
and say, each for himself and not one for the other, the
said Alexander E. Orr, that he resided in the Borough of
Brooklyn in the said City, that he was the president of
the said Board and that he subscribed his name to the fore-
going contract by virtue of the authority thereof, and the
said Bion L. Burrows, that he resided in the Borough of
Manhattan in the said City, that he was the secretary of
the said Board, and that he subscribed his name thereto
by like authority ; and both the said Alexander E. Orr and
Bion L. Burrows that they knew the seal of the said Board
and that the same was affixed to the foregoing instru-
ment by the authority of the said Board and of a resolu-
tion duly adopted by the same.
H. A. D. HOLLMANN,
[SEAL] NOTARY PUBLIC FOR KINGS COUNTY, N. Y.
Certificate filed in New York County.
304 Siding and Terminals.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this 2Oth day of September, 1901, before me per-
sonally appeared John B. McDonald, to me known and
known to me to be the person and Contractor named in
and who executed the foregoing contract, and acknowl-
edged to me that he executed the same.
A.W.ANDREWS (36),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
ft bC 1Hnt>er8t0nefc, being the sureties of John B.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One Million Dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of Five Million Dollars ($5,000,000),
respectively hereby consent to the making of the forego-
ing instrument.
Dated New York, September 2Oth, 1901.
RAPID TRANSIT SUBWAY CONSTRUCTION
COMPANY,
By W. G. OAKMAN,
[SEAL.] VICE-PRESIDENT.
[SEAL.] PERRY BELMONT.
Siding and Terminals. 305
AMERICAN SURETY COMPANY OF NEW
YORK,
DAVID B. SICKELS,
VICE-PRESIDENT.
C/E. MILLEN,
ASST. SECRETARY.
[SEAL.]
THE CITY TRUST, SAFE DEPOSIT AND SURE-
TY COMPANY OF PHILADELPHIA,
160 Broadway, N. Y.
JNO. A. SULLIVAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASST. SECRETARY.
[SEAL.]
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
[SEAL.]
Attest :
HENRY M. CHILDS,
ASST. SECRETARY.
THE UNITED STATES FIDELITY AND GUAR-
ANTY COMPANY,
By ANDREW FREEDMAN,
VICE- PRESIDENT.
[SEAL.]
. Attest :
G. TERRY SINCLAIR,
ATTORNEY IN FACT.
306 Siding and Terminals.
STATE OF NEW YORK.
;
ss
COUNTY OF NEW YORK.
On the 2Oth day of September, 1901, before me person-
ally appeared Perry Belmont, to me known and known
to me to be the individual described in and who executed
the foregoing consent, and he acknowledged to me that
he executed the same.
A.W.ANDREWS (36),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
STATE OF NEW YORK, ,
> ss
COUNTY OF NEW YORK,
On this 26th day of September, 1901, before me per-
sonally appeared Andrew Freedman, to me known, who,
being by me first duly sworn, did depose and say that he
was the Vice-President of The United States Fidelity &
Guaranty Company of Maryland, the corporation de-
scribed in and which executed the foregoing consent ; that
he knew the corporate seal of said company ; that the seal
affixed to said consent was such corporate seal; that it
was affixed thereto by order of the Board of Directors cf
such company, and that he signed his name thereto by
like authority. And also, on the 23rd day of September,
1901, before me personally appeared John A. Sullivan to
me known, who being by me first duly sworn, did depose
and say that he was the Vice-President of The City Trust,
Safe Deposit and Surety Company of Philadelphia, the
corporation described in and which executed the forego-
ing consent; that he knew the corporate seal of said
company; that the seal affixed to said consent was such
corporate seal ; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
Siding and Terminals. 307
his name thereto by like authority. And also on the 2.y :1
day of September, 1901, before me , personally appeared
David B. Sickels, to me known, who being by me first
duly sworn, did depose and say that he was the Vice-
President of American Surety Company of New York,
the corporation described in and which executed the fore-
going consent; that he knew the corporate seal of said
company; that the seal affixed to said consent was such
corporate seal ; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like authority. And also on the 25th
day of September, 1901, before me personally appeared
Charles A. Dean, to me known, who being by me first
duly sworn, did depose and say that he was the President
of National Surety Company, the corporation described in
and which executed the foregoing consent; that he knew
the corporate seal of said company; that the seal affixed
to said consent was such corporate seal, that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also on the 23rd day of September, 1901, before
me personally appeared Walter G. Oakman, to me known,
who being by me first duly sworn, did depose and say
that he was the Vice-President of Rapid Transit Subway
Construction Company, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like au-
thority.
A. W. ANDREWS (36),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL ] N. Y. Co.
308 Siding and Terminals.
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED AS
TO FORM.
Dated, New York, Sept. 16, 1901.
JOHN WHALEN,
CORPORATION COUNSEL.
Resolution Adopted by the Rapid Transit Board
on May 2, 19O1.
WHEREAS, This Board has heretofore and on or about
the 25th day of April, 1901, received from John B. Mc-
Donald, contractor, a request as follows :
"NEW YORK, April 25, 1901.
To the Honorable Board of Rapid Transit Railroad Com-
missioners:
GENTLEMEN : I have the honor to apply to the Board
for permission to construct a siding from a point at or
near the north side of One Hundred and Third Street to
the southerly side of One Hundred and Thirty-seventh
street.
A part of this siding has already been authorized by a
resolution adopted by the Board on January 24th last.
Another part of the siding was authorized by a resolution
of the Board passed March 7, 1901, approving the con-
ruction as a part of the terminal of a third or storage
track between One Hundred and Third and One Hun-
dred and Sixteenth streets.
Siding and Terminals. 309
The construction of the proposed siding and the other
sidings already authorized will not exceed in length one-
quarter of a mile for each mile of roadway.
I also apply for permission to construct three tracks as
terminals on either side of the main track, between the
stations of One Hundred and Thirty-seventh street and
One Hundred and Forty-fifth street, and to expend there-
for the cost of constructing the third or storage track, be-
tween One Hundred and Third street and One Hundred
and Sixteenth street, as authorized by the resolution of
the Board passed March 7, 1901.
Yours respectfully,
(Signed) JOHN B. McDONALD,"
and
WHEREAS, This Board did, on the 7th day of March,
1901, adopt a certain resolution as follows:
, That the request of the contractor, John 3.
McDonald, for the construction of a third or storage track
between the regular tracks of the west side line, between
One Hundred and Third and One Hundred and Sixteenth
streets, be granted, provided that the cost thereof shall be
deducted from the one million seven hundred and fifty
thousand dollars, which is the maximum liability of the
city for cost of terminals, and that a proper stipulation or
contract modifying the Rapid Transit Contract in this re-
spect be executed by the contractor and his sureties ; and
it is further
RESOLVED, That the officers of this Board be and they
hereby are authorized to execute with the contractor such
contract with such stipulation or amendatory contract;"
and
WHEREAS, The construction hereinafter described is for
the interest of the City, and will materially improve rapid
transit facilities on the routes now authorized ; now, there-
fore, it is
RESOLVED, That the said resolution of 7th March, 1901,
be and the same hereby is rescinded ; and it is further
3 10 Siding and Terminals.
RESOLVED, That the President and Secretary, in the
name and under the seal of this Board, be and they hereby
are authorized to execute an amendatory contract modify-
ing the contract for construction and operation, as fol-
lows:
1. That a side track be constructed on the portion of
the route extending along the Boulevard (now Broad-
way), from a point at or near the north side of One Hun-
dred and Third street to the southerly side of One Hun-
dred and Thirty-seventh street ; that the work of such con-
struction shall be done and paid for as extra work under
the contract for construction and operation ; that the cost
thereof shall be deemed part of the cost of the Rapid
Transit Railway, and that rental therefor is to be paid by
the contractor in all respects as if said side track had been
originally authorized by the contract for construction and
operation made between the City and the said John B.
McDonald.
2. That three additional tracks be constructed on either
side of the main track on the portion of the route extend-
ing along the Boulevard (now Broadway), between the
station at One Hundred and Thirty-seventh street and the
station at One Hundred and Forty-fifth street; that such
additional tracks be and be deemed part of the terminals
provided for in the said contract for construction and
operation, and that the cost thereof shall be deducted from
the $1,750,000 which is the maximum liability of the City
for cost of terminals.
3. That such amendatory contract contain such other
details and provisions not inconsistent herewith as shall
be approved by the President of the Board.
4. That such contract shall take effect when and only
when the following consents and approvals shall have
been duly had ; Rapid Transit Subway Construction Com-
pany; The United States Fidelity and Guaranty Com-
pany ; The City Trust, Safe Deposit and Surety Company
of Philadelphia; American Surety Company of New
York, National Surety Company, and Perry Belmont.
The City of New York
By its Rapid Transit Board,
WITH
John B. McDonald,
Contractor.
AGREEMENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
Dated, loth April,
Correcting Error in Contract. 315
made this tenth day of April, in the
year 1902, between THE CITY OF NEW YORK, hereinafter
called the City, acting by the Board of Rapid Transit
Railroad Commissioners for the City of New York, here-
inafter called the Board, party of the first part, and JOHN
B. MCDONALD, of the City of New York, hereinafter
called the Contractor, party of the second part, WiT-
NESSETH :
WHEREAS, Heretofore and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of a Rapid Transit Railroad in the City of
New York and otherwise as therein mentioned, the said
contract being hereinafter styled the Contract for Con-
struction and Operation ; which contract was on said day
modified in certain respects by a further agreement be-
tween the said parties bearing the same date; and which
contract has been further modified by certain other agree-
ments between the said parties respectively, bearing date
June 21, 1900, January 10, 1901, and May 2, 1901 ; and
3i 6 Correcting Error in Contract.
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the per-
formance of the said Contract for Construction and
Operation on his part and has given certain bonds
as further security for such performance, and upon
such bonds there are sureties as follows: Rapid
Transit Subway Construction Company, The United
States Fidelity & Guaranty Company, The City Trust,
Safe Deposit and Surety Company of Philadelphia.
American Surety Company of New York, National Surety
Company, and Perry Belmont ; and
WHEREAS, It is in said Contract for Construction and
Operation provided as follows: "Between the hours of
half-past eleven and one o'clock at night and between five
and six o'clock in the morning trains shall be run by the
Contractor stopping at all stations at intervals of not less
than ten (10) minutes. Between the hours of one o'clock
and five o'clock in the morning trains shall be run stop-
ping at all stations at intervals of not less than fifteen
(15) minutes;" and
Correcting Error in Contract. 317
WHEREAS, It was the intention of the parties to the
Contract for Construction and Operation at the time of its
execution, which parties are also, the parties to this agree-
ment, that it should be provided in said Contract that be-
tween the hours of half-past eleven and one o'clock at
night and between five and six o'clock in the morning
trains should be run stopping at all stations, at intervals
of not more than ten ( 10) minutes, and that between the
hours of one o'clock and five o'clock in the morning trains
should be run stopping at all stations at intervals of not
more than fifteen (15) minutes, and not, as it is at pres-
ent provided in said Contract, that such intervals should
be intervals of not less than ten ( 10) minutes and of not
less than fifteen (15) minutes respectively;
*fi*lOW, tbCrCfOrC, in consideration of the prem-
ises, and subject to the consents hereinafter provided, It
10 aQVeefc that the said Contract for Construction and
Operation be and the same is hereby modified as follows :
By striking from the Lease contained in the saidCon tract the
3i 8 Correcting Error in Contract.
following : "Between the hours of half-past eleven and one
o'clock at night and between five and six o'clock in the
morning trains shall be run by the Contractor stopping at
all stations at intervals of not less than ten ( 10) minutes.
Between the hours of one o'clock and five o'clock in the
morning, trains shall be run, stopping at all stations at in-
tervals of not less than fifteen (15) minutes."
And by inserting in the said Lease, instead of the por-
tion thereof thus struck out, the following, to wit: "Be-
tween the hours of half-past eleven and one o'clock at
night and between five and six o'clock in the morning
trains shall be run by the Contractor stopping at all sta-
tions at intervals of not more than ten ( 10) minutes. Be-
tween the hours of one o'clock and five o'clock in the
morning trains shall be run, stopping at all stations at in-
tervals of not more than fifteen (15) minutes."
PROVIDED, HOWEVER, and it is expressly agreed that this
agreement shall take effect when and only when the fol-
lowing consents hereto shall be duly had, to wit :
The consents as subjoined of Rapid Transit Subway
Construction Company, The United States Fidelity &
Correcting Error in Contract. 319
Guaranty Company, The City Trust, Safe Deposit &
Surety Company of Philadelphia, American Surety Com-
pany of New York, National Surety Company, and
Perry Belmont.
flit WitnC00 VObCrCOf, this contract has been
executed for the City of New York by its Board of Rapid
Transit Railroad Commissioners under and by a resolu-
tion duly adopted by said Board, concurred in by more
than six of its members, and the seal of the said Board
has been hereto affixed and these presents signed by the
president and secretary of the said Board and the Con-
tractor has hereto set his hand and seal the day and year
first above written.
BOARD OF RAPID TRANSIT R. R. COMMIS-
SIONERS,
By A. E. ORR,
PRESIDENT.
BION L. BURROWS [SEAL.]
SECRETARY.
JOHN B. MCDONALD. [SEAL.]
320 Correcting Error in Contract.
STATE OF NEW YORK,
ss. '.
COUNTY OF NEW YORK,
On this first day of July, 1902, at the City of New York,
in said County, before me personally appeared Alexander
E. Orr and Bion L. Burrows, to me known and known to
me to be, the said Alexander E. Orr, the president, and
the said Bion L. Burrows, the secretary of the Board of
Rapid Transit Railroad Commissioners for the City of
New York; and the said Alexander E. Orr and Bion L.
Burrows, being by me duly sworn, did depose and say,
each for himself and not one for the other, the said Alex-
ander E. Orr that he resided in the Borough of Brooklyn,
in the said City, that he was the president of the said
Board, and that he subscribed his name to the foregoing
contract by virtue of the authority thereof; and the said
Bion L. Burrows that he resided in the Borough of Man
hattan.in the said City, that he was the secretary of the said
Board, and that he subscribed his name thereto by like au-
thority ; and both the said Alexander E. Orr and Bion L
Burrows that they knew the seal of the said Board and
Correcting Error in Contract. 321
that the same was affixed to the foregoing instrument by
the authority of the said Board and of a resolution duly
adopted by the same.
H. A. D. HOLLMANN,
[SEAL.] NOTARY PUBLIC FOR KINGS COUNTY, N. Y.
Certificate filed in New York County.
STATE OF NEW YORK,
COUNTY OF NEW YORK
Jss.:
On this sixth of June, 1902, before me personally ap-
peared John B. McDonald, to me known and known to me
to be the person and Contractor named in and who exe-
cuted the foregoing contract, and acknowledged to me
that he executed the same.
A. W. ANDREWS (36),
[SEAL.] NOTARY PUBLIC,
N. Y Co.
322 Correcting Error in Contract.
b IHnfcerStCjnefc, being the sureties of John B.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One million dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of Five million dollars ($5,000,000)
hereby consent to the making of the foregoing instrument.
Dated New York, April , 1902.
RAPID TRANSIT SUBWAY CONSTRUCTION CO.,
4
By W. G. OAKMAN,
[SEAL.] VICE-PRESIDENT.
THE UNITED STATES FIDELITY AND
GUARANTY COMPANY,
By ANDREW FREEDMAN,
[ SEAL. ] VICE-PRESIDENT.
AMERICAN SURETY COMPANY OF
NEW YORK,
H. D. LYMAN,
[SEAL.] PRESIDENT.
H. B. ZEVELY,
SECRETARY.
THE CITY TRUST, SAFE DEPOSIT AND SURETY
COMPANY OF PHILADELPHIA,
160 Broadway, N. Y.
P. H. MOONEY,
VICE-PRESIDENT.
[SEAL.]
TIMOTHY E. COHALAN,
ASST. SECRETARY.
Correcting Error in Contract. 323
NATIONAL SURETY COMPANY,
By THO. F. GOODRICH,
VICE-PRESIDENT.
[SEAL.]
ATTEST :
BALLARD McCALL,
SECRETARY.
PERRY BELMONT, [SEAL.]
STATE OF NEW YORK. (
< 55
COUNTY OF NEW YORK, |^
On the sixth day of June, 1902, before me personally
appeared Perry Belmont, to me known and known to me
to be the individual described in and who executed the
foregoing consent, and he acknowledged to me that he
executed the same.
A. W. ANDREWS (36),
NOTARY PUBLIC,
N. Y. Co.
324 Correcting Error in Contract.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this sixth day of June, 1902, before me personally
appeared Andrew Freedman, to me known, who being by
me first duly sworn, did depose and say that he was the
Vice-President of United States Fidelity & Guaranty
Company of Maryland, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company ; that the seal affixed Lo
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also, on the 6th day of June, 1902, before me per-
sonally appeared Patrick H. Mooney, to me known, who
being by me first duly sworn, did depose and say that he
was the Vice-President of The City Trust, Safe Deposit
and Surety Company of Philadelphia, the corporation de-
scribed in and which executed the foregoing consent ; that
he knew the corporate seal of said company ; that the seal
affixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such '
company, and that he signed his name thereto by like
Correcting Error in Contract. 325
authority. And also, on the 6th day of June, 1902, before
me personally appeared Henry D. Lyman, to me known,
who being by me first duly sworn, did depose and say
that he was the President of American Surety Company
of New York, the corporation described in and which exe-
cuted the foregoing consent ; that he knew the corporate
seal of said company ; that the seal affixed to said consent
was such corporate seal; that it was affixed thereto by
order of the Board of Directors of such company, and
that he signed his name thereto by like authority. And
also, on the 6th day of June, 1902, before me personally
appeared Thomas F. Goodrich, to me known, who being
by me first duly sworn, did depose and say that he was
the Vice-President of National Surety Company of New
York, the corporation described in and which executed the
foregoing consent ; that he knew the corporate seal of said
company; that the seal affixed to said consent was such
corporate seal ; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like authority. And also on the 6th
day of June, 1902, before me personally appeared Walter
326 Correcting Error in Contract.
G. Oakman, to me known, who being by me first duly
sworn, did depose and say that he was the Vice-President
of Rapid Transit Subway Construction Company, the cor-
poration described in and which executed the foregoing
consent ; that he knew the corporate seal of said company ;
that the seal affixed to said consent was such corporate
'seal; that it was affixed thereto by order of the Board of
Directors of such company, and that he signed his name
thereto by like authority.
A. W. ANDREWS (36),
NOTARY PUBLIC,
N. Y. Co.
THE FOREGOING CONTRACT is HEREBY APPROVED AS TO
FORM.
Dated New York, June 2nd, 1902.
G. L. RIVES,
CORPORATION COUNSEL.
Assignment of Leasing
Part of
flanhattan-Bronx Contract
to
Interborough Rapid Transit
Company.
Assignment to Interborough Co. 331
, made the loth day of July, 1902, by
and between John B. McDonald, of the City, County and
State of New York, hereinafter called the "Contractor,"
party of the first part, and Interborough Rapid Transit
Company, a corporation duly organized and existing un-
der the laws of the State of New York, hereinafter called
"Interborough Comp.any," party of the second part, wit-
nesseth :
WHEREAS, The Contractor heretofore entered into a
contract with The City of New York (acting by the
Board of Rapid Transit Railroad Commissioners for The
City of New York), bearing date the 2ist day of Feb-
ruary, 1900, for the construction, equipment and opera-
tion of a rapid transit railroad in The City of New York,
which contract was thereafter modified in certain particu-
lars by agreements between the said parties supplemental
thereto and amendatory thereof, which agreements bear
date the said 2ist day of February, 1900; the 2ist day
of June, 1900; the loth day of January, 1901; and the
2d day of May, 1901, respectively, the said contract and
332 Assignment to Interborough Co.
agreements amendatory thereof and supplemental thereto
being together hereinafter referred to as the rapid tran-
sit contract; and
WHEREAS, The Interborough Company has been duly
organized under the Railroad Law of this State for the
purposes, among other things, of maintaining and operat-
ing the said railway, and has been approved in writing
by the said Board of Rapid Transit Railroad Commis-
sioners, pursuant to the provisions of chapter 4 of the
Laws of 1891, as amended by chapter 544 of the Laws
of 1902, and the Contractor desires to assign and trans-
fer unto Interborough Company, and Interborough Com-
pany desires to accept an assignment of so much of the
rapid transit contract as provides for the maintenance
and operation of the said railway, including the obliga-
tion to provide an equipment for the same, subject to all
the terms and conditions in said contract contained with
respect to such maintenance and operation, and with
respect to the equipment of the said railroad.
"WOW, tbCrefOfC, in consideration of the premises, and
for a valuable consideration by Interborough Company
Assignment to Interborough Co. 333
to the Contractor in hand paid, the receipt whereof is
hereby acknowledged, the Contractor has sold, assigned,
transferred, conveyed and set over, and does hereby sell,
assign, transfer, convey and set over unto Interborough
Company so much of the rapid transit contract as pro-
vides for the maintenance and operation of the said rapid
transit railroad (including the equipment thereof), and
does hereby assign unto the Interborough Company the
right or obligation to maintain and operate the said road
or roads in the rapid transit contract described, for and
during the remainder of the term of years specified in
such contract, and all rights with respect to such main-
tenance and operation, or included in the leasing pro-
visions of such contract, subject to all the terms and con-
ditions therein stated, together with all obligations as-
sumed by the Contractor in and by the said rapid transit
contract with respect to the equipment of the said rail-
road; and from and after the execution hereof the Inter-
borough Company shall be entitled to have and receive
all sums of money due or to come due from The City
of New York under said contract for the equipment of the
334 Assignment to Interborough Co.
said railroad or any part thereof, or for the maintenance
and operation of the same, and shall have and enjoy all
rights, privileges, emoluments and benefits arising under
or because of the provisions for the equipment of the said
railroad, and for the maintenance and operation thereof
as in said contract provided, as fully as the Contractor
might or could have and enjoy if this assignment were
not made.
The Interborough Company on its part does hereby
assume all of the obligations of the Contractor under or
by reason of the rapid transit contract with respect to
the equipment of the said railroad and every portion
thereof, and all obligations whatsoever of the Contractor
under or by reason of the leasing provisions of said con-
tract, and all obligations which relate in any way to the
maintenance or operation of the said railroad in said con-
tract described, and does hereby agree to carry out and
perform each and every of the said obligations as fully
as the Contractor has been or is bound to do in and by
the said contract.
Assignment to Interborough Co. 335
The Interborough Company further agrees to well and
truly indemnify and save harmless the Contractor of and
from any liability, claim or demand arising under such
portions of the rapid transit contract as are hereby as-
signed, or any portion thereof.
This agreement shall bind the parties hereto, their re-
spective heirs, executors, administrators, successors and
assigns.
It is, however, understood and agreed that this assign-
ment shall not take effect until the same shall be con-
sented to in writing by the said Board of Rapid Transit
Railroad Commissioners, and such assignment and con-
sent shall in no respect affect the security or securities
for the performance of the rapid transit contract or any
part thereof by the Contractor.
i
Provided, further, and it is expressly agreed, that this
agreement shall take effect when, and only when, the fol-
lowing consents hereto and approvals hereof shall be duly
had to wit, the consents as subjoined of Rapid Transit
Subway Construction Company, The United States Fidel-
336 Assignment to Interborough Co.
ity and Guaranty Company, the City Trust, Safe Deposit
and Surety Company, of Philadelphia; American Surety
Company, of New York; National Surety Company and
Perry Belmont.
In Witne6$ WberCOf, the party hereto of the first part
has hereunto set his hand and seal, and the party hereto
of the second part has caused these presents to be duly
signed by its proper officers under its corporate seal, the
day and year first above written.
JOHN B. MCDONALD, [L. s.]
INTERBOROUGH RAPID TRANSIT COMPANY,
By AUGUST BELMONT, PRESIDENT.
ATTEST :
FREDERICK EVANS, SECRETARY.
Assignment to Interborough Co. 337
STATE OF NEW YORK,
SS "
COUNTY OF NEW YORK, r
On this I7th day of July, 1902, before me personally
came John B. McDonald, to me known, and known to me
to be the individual described in and whd executed the
foregoing instrument, and to me acknowledged that he
executed the same.
GEORGE A. STEVES,
NOTARY PUBLIC (114),
County of Kings.
STATE OF NEW YORK.
ss
COUNTY OF NEW YORK, |
On this nth day of July, 1902, before me personally
came August Belmont, to me known, who being by me
duly sworn, did depose and say, that he resided in the
Town of Hempstead, Nassau County, New York ; that he
is President of the Interborough Rapid Transit Com-
pany, the corporation described in and which executed
the above instrument; that he knew the seal of the said
corporation ; that the seal affixed to said instrument was
such corporate seal ; that it was so affixed by order of
the Board of Directors of said corporation, and that he
signed his name thereto by like order.
CHAS. W. SANDFORD,
NOTARY PUBLIC (20),
County of Kings.
The Board of Rapid Transit Railroad Commissioners
for The City of New York does hereby consent to the
foregoing assignment.
Dated, New York, July 18, 1902.
THE BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS FOR THE CITY OF NEW
YORK.
By A. E. ORR, PRESIDENT.
BION L. BURROWS,
SECRETARY.
338 Assignment to Interborough Co.
STATE OF NEW YORK,
COUNTY OF NEW YORK
,1
On this 4th day of September, 1902, at The City of
New York, in said county, before me personally appeared
Alexander E. Orr and Bion L. Burrows, to me known,
and known to me to be the said Alexander E. Orr, the
President, and the said Bion L. Burrows, the Secretary, of
the Board of Rapid Transit Railroad Commissioners for
the City of New York; and the said Alexander E. Orr
and Bion L. Burrows, being by me duly sworn, did de-
pose and say, each for himself, and not one for the
other, the said Alexander Orr, that he resided in the
Borough of Brooklyn, in the said city, that he was the
President of the said Board, and that he subscribed his
name to the foregoing consent by virtue of the authority
thereof; and the said Bion L. Burrows, that he resided
in the Borough of Manhattan, in the said City of New
York, that he was the Secretary of the said Board, and
that he subscribed his name thereto by like authority;
and both the said Alexander E. Orr and Bion L. Bur-
rows, that they knew the seal of the said Board, that
one of the seals affixed to the above instrument was such
seal, and that the same was affixed to the foregoing in-
strument by the order of the said Board and of a resolu-
tion duly adopted by the same, and that they signed their
names thereto by like order.
SEYMOUR K. FULLER,
NOTARY PUBLIC (14),
Kings County.
Certificate filed in New York County.
We hereby consent to the foregoing assignment.
Dated New York, July 17, 1902.
AUGUST BELMONT & CO.
On this 1 7th day of July, 1902, before me personally
appeared August Belmont, to me known, and known to
me to be a member of the firm of August Belmont & Co.,
Assignment to Interborough Co. 339
described in and which executed the foregoing consent,
and who acknowledged to me that he executed the same
as and for the act and deed of the said firm.
CHAS. W. SANDFORD,
NOTARY PUBLIC (20),
Kings County.
Certificate filed in New York County.
, being the sureties of John B. Mc-
Donald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of one million dollars
($1,000,000), and the bond for construction and equip-
ment in the penalty of five million dollars ($5,000,000),
hereby consent to the making of the foregoing instru-
ment.
Dated, New York, July 18, 1902.
RAPID TRANSIT SUBWAY CONSTRUCTION
COMPANY,
By AUGUST BELMONT, PRESIDENT.
THE UNITED STATES FIDELITY AND GUAR-
ANTY COMPANY,
By SYLVESTER J. O'SULLIVAN, MANAGER.
CITY TRUST, SAFE DEPOSIT AND SURETY
COMPANY,
By ADRIAN T. KIERNAN, VICE PRESIDENT.
AMERICAN SURETY COMPANY,
By H. D. LYMAN, PRESIDENT.
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN, PRESIDENT.
PERRY BELMONT.
340 Assignment to Interborough Co.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On the 2 ist day of July, 1902, before me personally
appeared Perry Belmont, to me known, and known to
me to be the individual described in and who executed the
foregoing consent, and who to me acknowledged that he
executed the same.
A. W. ANDREWS,
NOTARY PUBLIC (36),
New York County.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this 2 ist day of July, 1902, before me personally
appeared Sylvester J. O'Sullivan, to me known, who be-
ing by me first duly sworn, did depose and say, that he
resided in the Borough of Manhattan, City of New
York, and was the Manager of the United States Fidelity
and Guaranty Company, one of the corporations described
in and which executed the foregoing consent; that
he knew the corporate seal of said company; that one of
the seals affixed to said consent was such corporate seal ;
that it was affixed thereto by order of the Board of Di-
rectors of said company, and that he signed his name
thereto by like order. And also, on the 2 ist day of July,
1902, before me personally appeared Adrian T. Kiernan,
to me known, who being by me first duly sworn, did de-
pose and say, that he resided in the Borough of Manhat-
tan, City of New York, and was the Vice-President of
the City Trust, Safe Deposit and Surety Company, of
Philadelphia, one of the corporations described in and
which executed the foregoing consent; that he knew
the corporate seal of said company; that one of the
seals affixed to said consent was such corporate seal;
that it was affixed thereto by order of the Board of Di-
rectors of such company, and that he signed his name
thereto by like order. And also, on the i8th day of July,
1902, before me personally appeared Henry D. Lyman,
Assignment to Interborough Co. 341
to me known, who being by me first duly sworn, did de-
pose and say, that he resided in the Borough of Man-
hattan, City of New York, and was the President of
American Surety Company, of New York, one of the cor-
porations described in and which executed the foregoing
consent; that he knew the corporate seal of said com-
pany; that one of the seals affixed to said consent was
such corporate seal; that it was affixed thereto by order
of the Board of Directors of such company, and that
he signed his name thereto by like order. And also,
on the 2 ist day of July, 1902, before me personally ap-
peared Charles A. Dean, to me known, who being by me
first duly sworn, did depose and say, that he resided in
the Borough of Manhattan, City of New York, and was
the President of National Surety Company, of New York,
one of the corporations described in and which executed
the foregoing consent; that he knew the corporate seal
of said company ; that one of the seals affixed to said con-
sent was such corporate seal; that it was affixed thereto
by order of the Board of Directors of such company,
and that he signed his name thereto by like order. And
also, on the i8th day of July, 1902, before me personally
appeared August Belmont, to me known, who being by
me first duly sworn, did depose and say, that he resided
in the Town of Hempstead, Nassau County, New York,
and was the President of Rapid Transit Subway Con-
struction Company, one of the corporations described in
and which executed the foregoing consent; that he knew
the corporate seal of said company; that one of the
seals affixed to said consent was such corporate seal ; that
it was affixed thereto by order of the Board of Directors
of such company, and that he signed his name thereto
by like order.
A. W. ANDREWS,
NOTARY PUBLIC (36),
New York County.
34 2 Assignment to Interborough Co.
STATE OF NEW YORK, )
COUNTY OF NEW YORK,]
On this 3Oth day of July, in the year 1902, before me
personally came John R. Bland, to me known, who being
by me duly sworn, did depose and say, that he resided in
the City of Baltimore, in the State of Maryland; that
he is the President of The United States Fidelity and
Guaranty Company, one of the corporations described
herein and which executed the above instrument; that he
knew the seal of the said corporation; that one of the
seals affixed to said instrument was such corporate seal;
that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto
by like order.
A. W. ANDREWS,
NOTARY PUBLIC (36),
New York County.
Assignment to Interborough Co. 343
HQtCClTlCnt made this loth day of July, 1902, by and
between The City of New York (acting by its Board of
Rapid Transit Railroad Commissioners), party of the
first part, John B. McDonald, party of the second part,
and Interborough Rapid Transit Company, a corporation
duly organized and existing under the laws of the State
of New York, party of the third part, witnesseth:
WHEREAS, The said John B. McDonald heretofore en-
tered into a contract with The City of New York (acting
by the Board of Rapid Transit Railroad Commissioners
for The City of New York), bearing date the 2ist day of
February, 1900, for tfie construction, equipment and
operation of a rapid transit railroad in The City of New
York, which contract (hereinafter called the rapid transit
contract) was thereafter modified by certain agreements
supplemental thereto and amendatory thereof; and
WHEREAS, The said John B. McDonald has assigned,
or is about to assign, unto Interborough Rapid Transit
Company, by an instrument bearing even date here-
with, consented to or to be consented to in writing by the
344 Assignment to Interborough Co.
sureties upon all bonds and undertakings given by the
said John B. McDonald pursuant to said contract, so
much of the said contract as provides for the maintenance
and operation of the railway therein described, including
i
the obligation to provide all equipment for the same,
subject to all the terms and conditions in said contract
contained with respect to such maintenance and operation,
and with respect to the equipment of the said railroad,
to which assignment reference is hereby had, and the
said parties have requested the said Board of Rapid Tran-
sit Railroad Commissioners to consent to the said assign-
ment as provided by law ; and
WHEREAS, The said Board of Rapid Transit Railroad
Commissioners is willing to consent to such assignment,
but only upon the execution and delivery to said Board
for said City of this instrument.
, in consideration of the premises and
of the covenants hereinafter contained, The City of New
York, by its said Board of Rapid Transit Railroad Com-
missioners, hereby consents to the said assignment to In-
Assignment to Interborough Co.
terborough Rapid Transit Company, and to the execution
of the said instrument bearing even date herewith.
the said Interborough Rapid Transit Company
hereby covenants to and with The City of New York
that it is, and shall hereafter in all respects be, bound
to- The City of New York, with respect to the equipment
of the said railroad mentioned in the said instrument
and every portion thereof and all obligations whatsoever
of the contractor under or by reason of the leasing pro-
visions of said rapid transit contract and all obligations
thereof or thereunder which relate in any way to the
maintenance cr operation of the railroad in the said
rapid transit contract described, and does hereby agree
to carry out and perform each and every of the said ob-
ligations as fully as the contractor has been or is bound
to do in and by the said rapid transit contract. And
the said Interborough Rapid Transit Company further
covenants to and with the City that the said John B.
McDonald, his executors, administrators and assigns,
shall fully perform all the obligations and comply with
346 Assignment to Interborough Co.
all the provisions and terms of said contract which are
not assigned to and assumed by said Interborough Rapid
Transit Company in and by the said instrument bearing
i
even date herewith.
This agreement shall bind the parties hereto, their
respective heirs, executors, administrators, successors
and assigns.
, fUttber, and it is expressly agreed, that
this agreement shall take effect when, and only when,
the following consents hereto and approvals hereof shall
be duly had to wit, the consents as subjoined of Rapid
Transit Subway Construction Company, The United
States Fidelity and Guaranty Company, the City Trust,
Safe Deposit and Surety Company, of Philadelphia;
American Surety Company, of New York; National
Surety Company and Perry Belmont.
II n Wttne0S WbereOf, the party of the first part has
caused these presents to be duly executed by its said
Board of Rapid Transit Railroad Commissioners under
the seal of the said Board, the party of the second part has
Assignment to Interborough Co. 347
hereunto set his hand and seal, and the party of the third
part has caused these presents to be duly executed by its
proper officers under its corporate seal, the day and year
first above written.
THE CITY OF NEW YORK
By THE BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS OF THE CITY OF
NEW YORK,
By A. E. ORR, PRESIDENT.
ATTEST :
[SEAL.] BION L. BURROWS, SECRETARY.
INTERBOROUGH RAPID TRANSIT COMPANY,
By AUGUST BELMONT, PRESIDENT.
ATTEST :
[SEAL.] FREDERICK EVANS, SECRETARY.
JOHN B. MCDONALD.
STATE OF NEW YORK. 1
> ss '
COUNTY OF NEW YORK, j
On this 1 7th day of July, 1902, before me personally
appeared John B. McDonald, to me known, and known
to me to be the individual described in and who executed
the foregoing instrument, and who to me acknowledged
that he executed the same.
GEORGE A. STEVES.
NOTARY PUBLIC (114),
Kings County.
Certificate filed in New York County.
348 Assignment to Interborough Co.
STATE OF NEW YORK,
ss
COUNTY OF NEW YORK,
On this nth day of July, in the year 1902, before me
personally came August Belrnont, to me known, who
being duly sworn, did depose and say, that he resided
in Hempstead, Nassau County, New York ; that he is the
President of the Interborough Rapid Transit Company,
the corporation described in and which executed the
above instrument; that he knew the seal of the said cor-
poration ; that the seal affixed to said instrument was
such corporate seal ; that it was so affixed by order of the
Board of Directors of said corporation, and that he
signed his name thereto by like order.
CHAS. W. SANDFORD,
NOTARY PUBLIC (20),
Kings County.
Certificate filed in New York County.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this 4th day of September, 1902, at The City of
New York, in said County, before me personally ap-
peared Alexander E. Orr and Bion L. Burrows, to me
known, and known to me to be the said Alexander E.
Orr, the President, and the said Bion L. Burrows, the
Secretary of the Board of Rapid Transit Railroad Com-
missioners for The City of New York; and the said
Alexander E. Orr and Bion L. Burrows, being by me
duly sworn, did depose and say, each for himself, and not
one for the other, the said Alexander E. Orr, that he
resided in the Borough of Brooklyn, in the said City,
that he was the President of the said Board, and that he
subscribed his name to the foregoing consent by virtue
of the authority thereof; and the said Bion L. Burrows,
that he resided in the Borough of Manhattan, in the said
City of New York, that he was the Secretary of the said
Assignment to Interborough Co. 349
Board, and that he subscribed his name thereto by like
authority; and both the said Alexander E. Orr and Bion
L. Burrows, that they knew the seal of the said Board,
that one of the seals affixed to the above instrument was
such seal, and that the same was affixed to the foregoing
instrument by the order of the said Board and of a
resolution duly adopted by the same, and that they
signed their names thereto by like order.
SEYMOUR K. FULLER,
NOTARY PUBLIC (14),
Kings County.
Certificate filed in New York County.
being the sureties of John B. Mc-
Donald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of one million dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of five million dollars ($5,000,000),
hereby consent to the making of the foregoing instru-
ment.
Dated, New York, July 18, 1902.
RAPID TRANSIT SUBWAY CONSTRUCTION
COMPANY,
[SEAL.] By AUGUST BELMONT, PRESIDENT.
THE UNITED STATES FIDELITY AND GUAR-
ANTY COMPANY,
[SEAL.] By SYLVESTER J. O'SULLIVAN,
MANAGER.
ATTEST :
LEONIDAS DENNIS,
ATTORNEY IN FACT.
JOHN R. BLAND,
PRESIDENT.
GEORGE R. CALLIS,
SECRETARY.
35 Assignment to Interborough Co.
CITY TRUST, SAFE DEPOSIT AND SURETY
COMPANY,
[SEAL.] By ADRIAN T. KIERNAN,
VICE-PRESIDENT.
AMERICAN SURETY COMPANY,
[SEAL.] By H. D. LYMAN,
PRESIDENT.
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
PERRY BEL,MONT.
STATE OF NEW YORK.
\ ss *
COUNTY OF NEW YORK,
On the 2 ist day of July, 1902, before me personally
appeared Perry Belmont, to me known, and known to
me to be the individual described in and who executed
the foregoing consent, and who to me acknowledged
that he executed the same.
A. W. ANDREWS,
NOTARY PUBLIC (36),
New York County.
Assignment to Interborough Co. 351
STATE OF NEW YORK,
: ' \
IK, {
ss
COUNTY OF NEW YORK, '
On the 2 ist day of July, 1902, before me personally
appeared Sylvester J. O'Sullivan, to me known, who be-
ing by me first duly sworn, did depose and say, that he
resided in the Borough of Manhattan, City of New
York, and was the Manager of The United States Fi-
delity and Guaranty Company, one of the corporations
described in and which executed the foregoing consent ;
that he knew the corporate seal of said company; that
one of the seals affixed to said consent was such corpo-
rate seal; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like order. And also, on the 2ist
day of July, 1902, before me personally appeared Adrian
T. Kiernan, to me known, who being by me first duly
sworn, did depose and say, that he resided in the Bor-
ough of Manhattan, City of New York, and was the
Vice-President of the City Trust, Safe Deposit and
Surety Company, of Philadelphia, one of the corporations
described in and which executed the foregoing consent;
that he knew the corporate seal of said company ; that one
of the seals affixed to said consent was such corporate
seal ; that it was affixed thereto by order of the Board of
Directors of such company, and that he signed his name
thereto by like order. And also, on the i8th day of July,
1902, before me personally appeared Henry D. Lyman,
to me known, who being by me first duly sworn, did de-
pose and say, that he resided in the Borough of Man-
hattan, City of New York, and was the President of
American Surety Company, of New York, one of the
corporations described in and which executed the fore-
ging consent; that he knew the corporate seal of said
company; that one of the seals affixed to said consent
was such corporate seal; that it was affixed thereto by
order of the Board of Directors of such company, and
that he signed his name thereto by like order. And also,
on the 2 ist day of July, 1902, before me personally ap-
peared Charles A. Dean, to me known, who being by
me first duly sworn, did depose and say, that he resided
in the Borough of Manhattan, City of New York, and
352 Assignment to Inter borough Co.
was the President of National Surety Company, of New
York, one of the corporations described in and which
executed the foregoing consent; that he knew the cor-
porate seal of said company ; that one of the seals affixed
to said consent was such corporate seal; that it was af-
fixed thereto by order of the Board of Directors of
such company, and that he signed his name thereto by
like order. And also, on the i8th day of July, 1902,
before me personally appeared August Belmont, to me
known, who being by me first duly sworn, did depose
and say, that he resided in Hempstead, Nassau County,
New York, and was the President of Rapid Transit Sub-
way Construction Company, one of the corporations
described in and which executed the foregoing consent;
that he knew the corporate seal of said company; that
one of the seals affixed to said consent was such cor-
porate seal; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like order.
A. W. ANDREWS,
NOTARY PUBLIC (36),
New York County.
STATE OF NEW YORK.
y gc
COUNTY OF NEW YORK.
: ' \
IK, |
On this 30th day of July, in the year 1902, before me
personally came John R. Bland, to me known, who being
by me duly sworn, did depose and say, that he resided
in the city of Baltimore, in the State of Maryland ; that
he is the President of the United States Fidelity and
Guaranty Company, one of the corporations described
Assignment to Interborough Co. 353
in and which executed the above instrument; that he
knew the seal of said corporation; that one of the seals
affixed to said instrument was such corporate seal, and
that it was so affixed by order of the Board of Directors
of said corporation, and that he signed his name thereto
by like order.
A. W. ANDREWS,
Notary Public (36),
New York County.
[Copy Resolution Board of Directors, The United
States Fidelity and Guaranty Company, authorizing
Sylvester J. O'Sullivan to sign for company, also
attached].
The City of New York
By its Rapid Transit Board,
WITH
AQREEflENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
Dated, July zist, 1902.
Executed, 1909.
Bergen Ave. Change of Route. 357
made this twenty-first day of July, in
the year Nineteen hundred and two, between THE CITY
OF NEW YORK (hereinafter called the City), acting by
the Board of Rapid Transit Railroad Commissioners for
the City of New York (hereinafter called the Board),
party of the first part, and JOHN B. MCDONALD, of The
City of New York (hereinafter called the Contractor),
party of the second part :
WHEREAS, Heretofore and on or about the 21 st day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of a Rapid Transit Railroad in the City of
New York and otherwise, as therein mentioned, the said
contract being hereinafter styled the Contract for Con-
struction and Operation; and
WHEREAS, The said Contract and the Routes and Gen-
eral Plan hereinafter mentioned have been since modified
by agreement duly made between the City and the Con-
tractor, with the consent of the sureties hereinafter men-
tioned; and
358 Bergen Ave. Change of Route.
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the perform-
ance of the said Contract for Construction and Operation
on his part and has given certain bonds as further secur-
ity for such performance and upon such bonds there are
sureties as follows : Rapid Transit Subway Construction
Company, The United States Fidelity & Guaranty Com-
pany, The City Trust, Safe Deposit & Surety Company
of Philadelphia, American Surety Company of New York,
National Surety Company and Perry Belmont ; and
WHEREAS, By written instruments bearing date the
tenth day of July, 1902, the Contractor, with the written
consent of the Board, concurred in by six members there-
of, duly assigned the right or obligation to maintain and
operate the said Rapid Transit Railroad for the term of
years specified in the said contract and all rights included
in the leasing provisions of the said contract, together
with the obligation to provide equipment for the said rail-
road, unto Interborough Rapid Transit Company, which
Company also guaranteed the performance by the Con-
Bergen Ave. Change of Route. 359
tractor of the provisions of his said contract not so as-
signed to it; and
WHEREAS, The Conti actor desires, and the Board ap-
proves, a further modification of the Routes and General
Plan for the Rapid Transit Railroad referred to in the
said Contract for Construction and Operation as set forth
in certain resolutions adopted by the Board on 25tb June.
1902, a copy of which is hereto annexed:
1ROW t tberCfOrC, in consideration of the prem-
ises and subject to the consents hereinafter provided, It
10 a$ree> that the said Contract for Construction and
Operation and the Routes and General Plan therein men-
tioned be, and the same hereby are, further modified as
follows :
By striking from the said Routes the portion thereof
in words as follows, to wit: "thence with a curve to the
left and under Third avenue to a point near its intersec-
tion with Westchester avenue, thence with a curve to the
right to and under Westchester avenue."
And by inserting in the said Routes, instead of the por-
tion thus struck out, the following words, to wit : "thence
360 Bergen Ave. Change of Route.
crossing Third avenue and under East One Hundred and
Forty-ninth street and Bergen avenue upon a curve to a
point in the triangular block bounded by Bergen avenue,
Gerard street and East One Hundred and Forty-ninth
street ; at that point beginning to emerge from the ground,
and thence upon a viaduct across Gerard street and on or
over private property in the block bounded by Westches-
ter avenue, Brook avenue, East One Hundred and Forty-
ninth street, Gerard street and Bergen avenue (crossing,
if necessary, a part of Brook avenue) to Westchester ave-
nue."
The general plan of construction of the portion of the
route hereby substituted shall be as follows :
The tracks shall be placed in tunnel from the westerly
end of such portion to a point on private property or on
Gerard street, between Bergen avenue and East One Hun-
dred and Forty-ninth street, and easterly over the rest of
the portion of the route hereby substituted shall be carried
Upon a viaduct. The railroad may on the portion of the
route between Third avenue and Westchester avenue oc-
cupy any portion of any of the streets of the route, but
Bergen Ave. Change of Route. 361
the railroad shall not at any place exceed thirty (30) feet
in width. There shall be at least two parallel tracks, with
the right at any time to add a third track in the discretion
of the Board of Rapid Transit Railroad Commissioners.
And it is further agreed that in all other respects the
provisions of the General Plan of Construction set forth
in the said Contract for Construction and Operation shall
be applicable to the portion of the route hereby substitut-
ed ; and it is further agreed that the Contractor shall be-
come entitled to additional payment for such additional
work and materials as shall be made necessary by the
changes hereby provided and the City shall become en-
titled to abatement from the contract price by reason of
the diminution in work and materials by reason of such
changes, the amounts of such additional payments and
such diminutions to be determined as provided in Chapter
II of the said Contract for Construction and Operation.
PROVIDED, however, and it is expressly agreed that this
agreement shall take effect when and only when the fol-
lowing consents hereto and approvals hereof shall be duly
had, to wit:
362 Bergen Ave. Change of Route.
1. The consents as subjoined of Rapid Transit Subway
Construction Company, The United States Fidelity &
Guaranty Company, The City Trust, Safe Deposit & Sure-
ty Company of Philadelphia, The American Surety Com-
pany of New York, National Surety Company, Perry
Belmont and Interborough Rapid Transit Company.
2. The consent of the Board of Aldermen of the City of
New York.
3. The consent of the Mayor of the City of New York.
4. The consent of the owners of a majority in value of
the property along streets or such portions of streets as
are included in the portion of routes by this agreement
proposed to be substituted as aforesaid, or if such consent
cannot be obtained, then, in lieu thereof, the determination
of three commissioners to be appointed by the Appellate
Division of the Supreme Court duly confirmed by the said
Appellate Division.
The plan hereto annexed is intended to show the modifi-
cation of the routes as hereby proposed.
Bergen Ave. Change of Route. 363
flit Witne08 WberCOf, this contract has been
executed for the City of New York, by its Board of Rapid
Transit Railroad Commissioners, under and by a resolu-
tion duly adopted by said Board, concurred in by more
than six of its members, and the seal of the Board has
been hereto affixed and these presents signed by the
President and Secretary of the said Board, and the Con-
tractor has hereto set his hand and seal, the day and year
first above written.
THE BOARD OF RAPID TRANSIT
RAILROAD COMMISSIONERS,
By A. E. ORR,
PRESIDENT.
BION L. BURROWS,
SECRETARY.
[SEAL.]
JOHN B. MCDONALD, [SEAL.]
STATE OF NEW YORK,
COUNTY OF NEW YORK.
364 Bergen Ave. Change of Route.
' \ ss.:
: ' I
On this 7th day October, 1902, at the City of New York,
in said County, before me personally appeared Alexander
E. Orr and Bion L. Burrows, to me known and known
to me to be, the said Alexander E. Orr, the president, and
the said Bion L. Burrows, the secretary of the Board of
Rapid Transit Railroad Commissioners for the City of
New York; and the said Alexander E. Orr and Bion L.
Burrows, being by me duly sworn, did depose and say,
each for himself and not one for the other, the said Alex-
ander E. Orr, that he resided in the Borough of Brooklyn,
in the said City, that he was the president of the said
Board, and that he subscribed his name to the foregoing
contract by virtue of the authority thereof; and the said
Bion L. Burrows, that he resided in the Borough of Man-
hattan, in the said City, that he was the secretary of the
said Board, and that he subscribed his name thereto bv
like authority; and both the said Alexander E. Orr and
Bion L. Burrows that they knew the seal of the said
Board and that the same was affixed to the foregoing in-
Bergen Ave. Change of Route. 365
strument by the authority of the said Board and of a reso-
lution duly adopted by the same.
SEYMOUR K. FULLER,
[SEAL.] NOTARY PUBLIC, Kings Co.
Cert, filed in New York Co.
STATE; OF NEW YORK, |
COUNTY OF NEW YORK, J SS ' :
On this 6th day of October, 1902, before me personally
appeared John B. McDonald, to me known and known
to me to be the person and Contractor named in and who
executed the foregoing contract, and acknowledged to me
that he executed the same.
A. W. ANDREWS (36),
NOTARY PUBLIC,
[SEAL.] N Y . Co.
366 Bergen Ave. Change of Route.
bC Unfcer0t$nefc, being the surties of John B.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One million dollars
($1,000,000) and the bond for construction and equipment
in the penalty of Five million dollars ($5,000,000) hereby
consent to the making of the foregoing instrument.
Dated New York, October 6th, 1902.
RAPID TRANSIT SUBWAY
CONSTRUCTION CO.,
By AUGUST BELMONT,
PRESIDENT.
ATTEST :
FREDERICK EVANS,
SECRETARY.
[SEAL.]
PERRY BELMONT,
[SEAL.]
THE UNITED STATES FIDELITY AND
GUARANTY COMPANY,
By ANDREW FREEDMAN,
VICE-PRESIDENT.
[SEAL.]
ATTEST :
G. TERRY SINCLAIR,
ATTORNEY IN FACT.
[SEAL.]
Bergen Ave. Change of Route. 367
AMERICAN SURETY COMPANY OF
NEW YORK,
DAVID B. SICKLES,
VICE-PRESIDENT.
HENRY TOFTS,
ASSISTANT SECRETARY.
[SEAL.]
THE CITY TRUST, SAFE DEPOSIT AND SURE-
TY COMPANY OF PHILADELPHIA,
1 60 Broadway, N. Y.
A. T. KIERNAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASST. SECRETARY.
[SEAL.]
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
ATTEST :
BALLARD McCALL,
SECRETARY.
[SEAL.]
368 Bergen Ave. Change of Route.
STATE OF NEW YORK,
ss '
COUNTY OF NEW YORK, '
On the 6th day of October, 1902, before me personally
appeared Perry Belmont, to me known and known to me
to be the individual described in and who executed the
foregoing consent, and he acknowledged to me that he
executed the same.
A. W. ANDREWS (36),
NOTARY PUBLIC,
[SEAL.] N. Y. Co.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this 6th day of October, 1902, before me personally
appeared Andrew Freedman, to me known, who being by
me first duly sworn, did depose and say that he was the
Vice-President of the United States Fidelity & Guaranty
Company, the corporation described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company ; that one of the seals affixed to said
consent was such corporate seal ; that it was affixed there-
to by order of the Board of Directors of such company,
and that he signed his name thereto by like authority.
And also on the 6th day of October, 1902, before me per-
Bergen Ave. Change of Route. 369
sonally appeared Adrian T. Kiernan, to me known, who
being by me first duly sworn, did depose and say that he
was the Vice-President of The City Trust, Safe Deposit
and Surety Company of Philadelphia, the corporation de-
scribed in and which executed the foregoing consent ; that
he knew the corporate seal of said company ; that one of
the seals affixed to said consent was such corporate seal ;
that it was affixed thereto by order of the Board of Direc-
tors of such company, and that he signed his name there-
to by like authority. And also, on the 6th day of Octo-
ber, 1902, before me personally appeared David B. Sickles,
to me known, who being by me first duly sworn, did de-
pose and say that he was the Vice-President of American
Surety Company of New York, the corporation described
in and which executed the foregoing consent; that ha
knew the corporate seal of said company ; that one of the
seals affixed to said consent was such corporate seal ; that
it was affixed thereto by order of the Board of Directors
of such company, and that he signed his name thereto by
like authority. And also, on the 6th day of October ?
1902, before me personally appeared Charles A. Dean, 10
37 - Bergen Ave. Change of Route.
me known, who being by me first duly sworn, did depose
and say that he was the President of National Surety
Company of New York, the corporation described in and
which executed the foregoing consent ; that he knew the
corporate seal of said company; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also on the 6th day of October, 1902, before me
personally appeared August Belmont, to me known, who
being by me first duly sworn, did depose and say that he
was the President of Rapid Transit Subway Construction
Company, the corporation described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company ; that the seal affixed to said consent
was such corporate seal ; that it was affixed thereto by or-
der of the Board of Directors of such company, and that
he signed his name thereto by like authority.
A. W. ANDREWS (36),
NOTARY PUBLIC,
[SEAL.] N. Y. Co.
Bergen Are. Change of Route. 371
nfcerSiCjnefc, being the assignee of John B.
McDonald, the Contractor above mentioned, of the right
or obligation to maintain and operate the said rapid tran-
sit railroad for the term of years specified in said Con-
tract for Construction and Operation, and all rights in-
cluded in the leasing provisions of the said Contract, to-
gether with the obligation to provide equipment for the
said Railroad, hereby CONSENTS to the making of the
foregoing instrument.
Dated, New York, October 6th, 1902.
INTERBOROUGH RAPID TRANSIT CO.,
By AUGUST BELMONT,
PRESIDENT.
[SEAL.]
ATTEST :
FREDERICK EVANS,
SECRETARY.
37 2 Bergen Ave. Change of Route.
STATE OF NEW YORK, )
COUNTY OF NEW YORK, j
On this 6th day of October, 1902, before me personally
appeared August Belmont, to me known, who being by
me first duly sworn, did depose and say that he resided
in the County of Nassau, in the State of New York ; that
he is President of Interborough Rapid Transit Company,
the corporation described in and which executed the fore-
going consent ; that he knew the corporate seal of said
Company ; that the seal affixed to said consent was such
corporate seal ; that it was affixed thereto by order of the
Board of Directors of said Company, and that he signed
his name thereto by like authority.
A.W.ANDREWS (36),
NOTARY PUBLIC,
[SEAL.] N. Y. Co.
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED AS TO
FORM.
Dated, New York, October 3rd, 1902.
G. L. RIVES,
CORPORATION COUNSEL.
Bergen Ave. Change of Route. 373
Resolution of June 25th, 19O2.
WHEREAS, This Board did, on the I4th day of January,
1897, and 4th day of February, 1897, adopt certain Routes
and General Plan for a rapid transit railroad in the City
of New York, a copy of which is hereto annexed entitled
"Copy Routes and General Plan ;" and
WHEREAS, The said Routes and General Plan were
afterwards duly approved by the municipal authorities of
the City of New York, and were duly consented to by
commissioners appointed by the Appellate Division of the
Supreme Court, which consent was duly confirmed by the
said Appellate Division, in lieu of the consent of the own-
ers of a majority in value of the property along the said
routes ; and
WHEREAS, Thereafter, and on or about the 2ist day
of February, 1900, the City of New York did by this
Board enter into a certain contract with John B. McDon-
ald for the construction and operation of the said rapid
transit railroad ; and
WHEREAS, It is the interest of the City of New York
and, in the opinion of the said John B. McDonald, it is
likewise in his interest as such contractor, and he desires
that said Routes and Plan shall be changed in the respect
hereinafter mentioned, but without other change in the
said Routes and General Plan.
Now, therefore, it is
RESOLVED, That, subject to the consents and approvals
to be first obtained as in this resolution hereinafter men-
tioned, the said Routes and General Plan heretofore
adopted by this Board be, and they hereby are, modified
as follows :
By striking from the said Routes the portion thereof in
words as follows, to wit : "thence with a curve to the left
and under Third avenue to a point near its intersection
with Westchester avenue, thence with a curve to the right
to and under Westchester avenue."
And by inserting in the said Routes, instead of the
portion thus struck out, the following words, to wit:
"thence crossing Third avenue and under East One Hun-
374 Bergen Ave. Change of Route.
dred and Forty-ninth street and Bergen avenue upon a
curve to a point in the triangular block bounded by Ber-
gen avenue, Gerard street and East One Hundred and
Forty-ninth street; at that point beginning to emerge
from the ground, and thence upon viaduct across Gerard
street and on or over private property in the block bound-
ed by Westchester avenue, Brook avenue, East One Hun-
dred and Forty-ninth street, Gerard street and Bergen
avenue (crossing, if necessary, a part of Brook avenue)
to Westchester avenue."
The general plan of construction of the portion of the
route hereby substituted shall be as follows :
The tracks shall be placed in tunnel from the westerly
end of such portion to a point on private property or on
Gerard street, between Bergen avenue and East One Hun-
dred and Forty-ninth street, and easterly over the rest of
the portion of the route hereby substituted shall be carried
upon a viaduct. The railroad may on the portion of the
route between Third avenue and Westchester avenue oc-
cupy any portion of any of the streets of the route, but
the railroad shall not at any place exceed thirty feet in
width. There shall be at least two parallel tracks, with
the right at any time to add a third track in the discretion
of the Board of Rapid Transit Railroad Commissioners.
In other respects the provisions of the said General
Plan of Construction adopted on I4th January and 4th
February, 1897, shall be applicable to the portion of the
route hereby substituted; and it is further
RESOLVED, That whereas this Board has duly made the
inquiries and investigation necessary or proper in the
premises, and has determined that the modification afore-
said of the said Routes and General Plan is necessary for
the interests of the public and of the City of New York
and should be established as hereinafter provided, this
Board does hereby determine and establish the said Routes
and General Plan as hereby modified, subject to the con-
sents and approvals to be first obtained as hereinafter men-
tioned ; and it is further
Bergen Ave. Change of Route. 375
RESOLVED, That the said modification of the Routes and
General Plan shall take effect only upon and after the fol-
lowing consents thereto and approvals thereof shall be
duly had, to wit :
1. The consent of John B. McDonald, contractor, and
of his sureties, as follows : Rapid Transit Subway Con-
struction Company ; The United States Fidelity and Guar-
anty Company ; The City Trust, Safe Deposit and Surety
Company of Philadelphia ; American Surety Company ol"
New York ; National Surety Company, and Perry Bel-
mont.
2. The consent of the Board of Aldermen of the City
of New York.
3. The consent of the Mayor of the City of New York.
4. The consent of the owners of a majority in value of
the property along streets or such portions of streets as
are included in the portion of routes by these resolutions
proposed to be substituted as aforesaid ; or, if such con-
sents cannot be obtained, then, in lieu thereof, the deter-
mination of three commissioners to be appointed by the
Appellate Division of the Supreme Court, duly confirmed
by the said Appellate Division.
And it is further
RESOLVED, That this Board hereby adopts the drawing
now produced and numbered
as showing in substance the modification hereby adopted.
And it is further
RESOLVED, That the President and the Secretary of the
Board be, and they hereby are, authorized to execute in
the name of and on behalf of the Board a contract with
the Contractor providing for the said modification of the
Routes and General Plan.
376 Bergen Ave. Change of Route.
Copy Routes and General Plaiis.
"January 14, 1897.
"One route as follows : Its centre line shall commence
at a point at or near the intersection of Broadway with
Park Row ; thence under Park Row and Centre street to
a point at or near its intersection with New Elm street
as proposed; thence under New Elm street, as proposed,
to Lafayette place ; thence under Lafayette place to Eighth
street ; thence across and under Eighth street, and thence
under private property lying between Eighth and Ninth
streets and east of the westerly side or line of Lafayette
place, produced, to Fourth avenue; thence under Fourth
avenue and Park avenue to Forty-second street; thence
turning from Park avenue into Forty-second street, and
taking for the purposes of the curve, if necessary or con-
venient, private property at the southwest corner of Park
avenue and Forty-second street; thence under Forty-sec-
ond street to Broadway ; thence under Broadway to Fifty-
ninth street ; thence under the Boulevard to a point at or
near One Hundred and Twenty- fourth street; thence bv
viaduct along and over the Boulevard to a point at or near
One Hundred and Thirty-fourth street ; thence under the
Boulevard and Eleventh avenue to a point on Eleventh
avenue, situate north of One Hundred and Ninetieth
street, and distant therefrom not less than one thousand
and not more than one thousand five hundred feet, and
thence under or over (as may be most convenient) private
property to a point at the southeast end of Ellvvood street
near Hillside street, and thence over Ellwood street to
Kingsbridge avenue or Broadway; thence over Kings-
bridge avenue or Broadway, as now proposed, to River-
dale avenue, and thence easterly over Riverdale avenue vo
a point with-in five hundred feet of the present Kings-
bridge station of the New York and Putnam Railroad
Company.
"This route shall include a loop at the City Hall Park
which shall connect with the portion of the route aforesaid
along Centre street at or near the south end of that street,
and thence proceed westerly and southerly under City Hall
Bergen Ave. Change of Route. 377
Park and Broadway, and thence easterly to again connect
with the portion of th^ route aforesaid in Park Row. All
of the said loop shall lie under City Hall Park, Park Row,
between the south end of Centre street and Ann street,
and the portion of Broadway adjoining the City Hall
Park lying between Vesey and Murray streets. This
route shall also include suitable tracks and connections
from the City Hall loop to the Postoffice, such tracks and
connections being under the City Hall Park and under
the portion of Park Row between the south end of Centre
street and Ann street. This route shall also include suit-
able tracks and connections from the portion of the route
near the corner of Park avenue and Forty-second street
to the yard and tracks of the Grand Central Station. All
of the tracks and connections last mentioned shall be un-
der Park avenue and Forty-second street and private
property to be acquired. By private property in this de-
scription is meant property not forming part of the streets
of the City of New York and not belonging to the City
of New York.
"Also a route as follows : Its centre line shall diverge
from the route 'aforesaid on the Boulevard, between a line
parallel to and one hundred feet north of One Hundred
and Third street and a line parallel to and one hundred
feet south of One Hundred and Third street ; thence under
private property to a point in One Hundred and Fourth
street ; thence under One Hundred and Fourth street to
and across Central Park West ; thence under Central Park
to the intersection of Lenox avenue and One Hundred
and Tenth street; thence under Lenox avenue to a point
near One Hundred and Forty-second street ; thence curv-
ing to the east and passing under private property, One
Hundred and Forty-third and One Hundred and Forty-
fourth streets, to the Harlem River at or near the foot of
One Hundred and Forty-fifth street; thence under the
Harlem River and private property to East One Hundred
and Forty-ninth street at or near its intersection witn
River avenue; thence under East One Hundred and
Forty-ninth street to a point near its intersection with
Third avenue ; [thence with a curve to the left and under
Third avenue to a point near its intersection with West-
378 Bergen Ave. Change of Route.
Chester avenue ; thence with a curve to the right to and
under Westchester avenue], and thence by viaduct over
and along Westchester avenue to the Southern Boulevard ;
thence over and along the Southern Boulevard to the Bos-
ton road, and thence over and along the Boston road to
Bronx Park.
"The said General Plan of Construction hereby adopted
is as follows :
"For the route under Park Row and the said loop at
City Hall Park, two parallel tracks ; for the route from the
point of connection of the City Hall loop with the route
aforesaid at the southerly end of Centre street to the junc-
tion at or near One Hundred and Third street and the
Boulevard, four parallel tracks; for the route from the
junction at or near One Hundred and Third street and the
Boulevard to the New York and Putnam Railroad Com-
pany's station at Kingsbridge, two parallel tracks ; for the
route from the junction at or near One Hundred and
Third street and the Boulevard to Bronx Park, two paral-
lel tracks.
"All of the above-mentioned tracks shall be placed on
the same level, except that wherever required by special
necessities of surface or sub-surface structures or other
special or local necessities and for the purpose of avoiding
grade crossings at the southerly end of Centre street and
the One Hundred and Third street junction, any one or
more of the tracks may be depressed below the level of
the other tracks to a depth of not more than twenty feet.
"The tracks shall be of standard gauge, that is to say,
of a width of four feet and eight and a half inches between
the rails. There shall be twelve and a half feet width in
the tunnels and on the viaducts for each track, except that
at stations, switches, turnouts, curves and cross overs, the
width may be increased to the extent permitted by the
width of the tunnel. The tracks wherever passing over or
under the streets shall be placed over or under the central
part of the street, except that no tunnel or viaduct or any
wall or part thereof under or along a street, shall, except
Bergen Ave. Change of Route. 379
at the stations, station approaches, curves and at places of
access to sub-surface structures, as hereinafter provided,
be within a distance of five feet of the exterior line or side
of the street. The tracks shall in all cases be placed in
tunnels, except only that on the west side route on the
Boulevard at or near One Hundred and Twenty-fourth
street the tracks shall emerge from the tunnel and be car-
ried upon a viaduct along the Boulevard to a point at or
near One Hundred and Thirty-fourth street and there be
taken again into tunnel, and except also that on the
west side route at a point at or near One Hundred and
Ninetieth street the tracks shall again emerge from the
tunnel and be carried upon a viaduct over private property
and the above-mentioned streets to the Kingsbridge sta-
tion, and except also that on the east side from a point on
Westchester avenue at or near Bergen avenue the tracks
shall emerge from the tunnel and be carried upon a via-
duct over and along Westchester avenue and the other
streets above mentioned to Bronx Park.
"Wherever the tracks change from tunnel ',o viaduct,
or from viaduct to tunnel, the change shall be so made as
to occupy or obstruct the use of the surface of the street
to the least possible extent consistent with the proper
gradient for the tracks.
"The roof of the tunnel shall be as near the surface of
the street as street conditions and grades will permit. The
tunnel shall not be less than thirteen feet in height in the
clear. The maximum widths of the tunnel in the clear
shall be as follows:
"For the route under Park Row and the City Hall Park
loop, thirty-eight feet ; for the route from, at or near the
south end of Centre street and to the commencement of
New Elm street, fifty feet ; for the route from, at or near
the commencement of New Elm street to Lafayette Place,
sixty-eight feet; for the route from, at or near the com-
mencement of Lafayette Place to the junction at or near
One Hundred and Third street, fifty feet; for the west
side route from the junction at or near One Hundred and
Third street to Kingsbridge station, twenty-five feet ; and
for the east side route from, at or near the junction at One
380 Bergen Ave. Change of Route.
Hundred and Third street to Bronx Park, twenty-five feet ;
except that wherever the nature of the streets necessitates
a curve that an additional width of tunnel may be added
not exceeding three feet for each track, and except that
on Fourth avenue, from Thirty-second to Forty-third
street, the permissible width shall be sixty-five feet ; and
for the tunnel beneath the Harlem River and its ap-
proaches, the permissible width shall be thirty-five feet.
At each cross street where accommodations for pipes,
wires, sewers and other sub-surface structures have been
provided within the tunnel, the tunnel may, in order tj
provide convenient access to such pipes, wires, sewers and
other sub-surface structures, have, within the limit of the
sides or exterior lines of such cross street or such lines
produced, an additional width on each side of the route
not to exceed fifteen feet, and the area of additional width
on either side not to approach nearer than twelve feet to
either side or exterior line of such cross street. Footways
between the tracks shall be provided the whole length of
the line and accommodations arranged for the convenience
and protection of employes.
"Whenever necessary for the proper support of the
street surface, the roof of the tunnel shall be of iron or
steel girders with brick or concrete arches supported by
iron or steel columns and masonry walls, or the roof shall
be a masonry arch. Viaducts shall be built with a width
of twelve and one-half feet for each track, and with an
additional width of three feet on each side for outside
footways. Viaducts may be built of metal or masonry,
or of both.
"Adjacent tracks shall be connected by necessary and
suitable switches and connections, and an additional track
for siding accommodation may be constructed not to ex-
ceed in length one-quarter of a mile for each mile of road-
way, but provided always that the side of the tunnel shall
not, by the enlargement of the tunnel for that purpose, be
brought within five feet of the exterior line or side of the
street.
"Along Elm street, wherever the tunnel shall be in the
clear not less than sixty-eight feet wide, the pipes, wires,
Bergen Ave. Change of Route. 381
sewers and other sub-surface structures shall be placed
in suitable galleries in the tunnel at the outside of the ex-
terior tracks. But any such pipes, wires, sewers and
other sub-surface structures may be placed in suitable
galleries beneath the tracks, or such pipes, wires, sewers
and other sub-surface structures may be placed in the
ground above or at the sides of the tunnel, or at the out-
side of the exterior tracks, and whenever so placed be-
neath the tracks, or in the ground above or at the sides of
the tunnel, the width of the tunnel on New Elm street
shall not be more than fifty feet. Pipes, wires, sewers
and other sub-surface structures shall, at any part of the
said routes, be removed or disturbed only when necessary
for the construction and operation of the railway, and, if
removed or disturbed, shall be placed under the streets in
such manner and in such location that the use and service
thereof shall not be impaired. Such pipes, wires, sewers
and other sub-surface structures shall be left or shall be
so arranged as to give free access for their repair or al-
teration, or for the placing with them of new pipes, wires,
sewers and other like structures, and for making connec-
tions between the same and buildings at any time.
"Station and station approaches shall, in general, be at
the intersections of streets and shall be built under, or, if
the position of the tracks so require, over, the streets and
immediately adjoining private abutting property, or
through private property to be acquired for the purpose, or
both under or over streets and through private property as
aforesaid, except that on the Boulevard, stations and sta-
tion approaches may be in the centre of the street. The
streets under or over which stations or station approaches
shall be built may include cross streets, but no part of any
cross street shall be used for a station or station approach
at a distance greater than seventy-five feet from the ex-
terior line or side of the street of the route. The word
'street,' wherever used herein, shall include an avenue or
public place.
"Along the Boulevard there may be openings in the
surface of the street from the tunnel for the purpose of
ventilation and light; such openings shall be guarded by
convenient and ornamental inclosures. The openings
382 Bergen Ave. Change of Route.
shall not exceed twenty feet in width and fifty feet in
length. No two openings shall be within fifty feet of each
other. No opening or part thereof shall be within the
limits of, or opposite to, any street intersecting the Boule-
vard, and within the distance of any one block on the
Boulevard between any two adjacent crossing streets there
shall not be more than two such openings.
"The general mode of operation shall be by electricity
or some other power not requiring combustion within the
tunnels or on the viaducts, and the motors shall be capable
of moving trains at a speed of not less than forty miles
per hour for long distances, exclusive of strops.
"The manner of construction shall be by tunnelling cr
open excavation ; it is further
"Resolved, That plans be prepared to show the route
and general plan, in so far as they are hereby adopted,
which said plans, when formally adopted, shall be deemed
to be incorporated herein and to form a part hereof.
February 4, 1897.
"Resolved, That this Board of Rapid Transit Railroad
Commissioners for the City of New York hereby adopts
the drawings now produced and numbered from i to 60,
both inclusive, as showing the route and general plan
adopted by resolution of this Board on January 14, 1897,
and that as provided in the said resolution the said draw-
ings be deemed incorporated in and to form part of the
said resolution ; and it is further
"Resolved, That the said route and general plan with
the said drawings, and the said resolution of January 14,
1897, be, and they hereby are, adopted by this Board."
The City of New York
By its Rapid Transit Board,
WITH
John B. ncDonald,
Contractor
AGREEMENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
Lenox Avenue.
Dated, January i6th, 1903.
Executed, January, 1903.
Lenox Ave. Extension. 3 8 7
made this i6th day of January, in the
year Nineteen hundred and three, between THE CITY OF
NEW YORK (hereinafter called the City), acting by the.
Board of Rapid Transit Railroad Commissioners for the
City of New York (hereinafter called the Board), party
of the first part, and JOHN B. MCDONALD, of The City of
New York (hereinafter called the Contractor), party of
the second part, WITNESSETH :
WHEREAS, Heretofore and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of a Rapid Transit Railroad in the City of
New York and otherwise, as therein mentioned, the said
contract being hereinafter styled the Contract for Con-
struction and Operation ; and
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the perform-
ance of the said Contract for Construction and Operation
on his part and has given certain bonds as further security
for such performance and upon such bonds there are sure-
388 Lenox Ave. Extension.
ties as follows : Rapid Transit Subway Construction Com-
pany, The United States Fidelity & Guaranty Company,
. The City Trust, Safe Deposit & Surety Company of Phila-
delphia, American Surety Company of New York, Na-
tional Surety Company, and Perry Belmont ; and
WHEREAS, By written instruments bearing date the
tenth day of July, 1902, the Contractor, with the written
consent of the Board, concurred in by six members there-
of, duly assigned the right or obligation to maintain and
operate the said Rapid Transit Railroad for the term of
years specified in the said contract and all rights included
in the leasing provisions of the said contract, together
with the obligation to provide equipment for the said rail-
road, unto Interborough Rapid Transit Company, which
Company also guaranteed the performance by the Con-
tractor of the provisions of his said contract not so as-
signed to it ; and
WHEREAS, It is in said Contract for Construction and
Operation provided that the said Board of Rapid Transit
Railroad Commissioners shall have the right for any sec-
Lenox Ave. Extension. 389
tion of the railroad to require additional work to be done
or additional materials to be furnished or both, within the
general purview of a rapid transit railroad as therein de-
scribed, the reasonable value of which should be addition-
ally paid to the Contractor ; and
WHEREAS, The Contractor desires, and the Board ap-
proves, a modification of the Routes and General Plan for
the Rapid Transit Railroad referred to in the said Con-
tract for Construction and Operation as set forth in cer-
tain resolutions adopted by the Board on the 24th day of
October, 1901, and the 2Oth day of November, 1902, copies
of which are hereto annexed, in order to provide for
routes and a general plan in addition to the said Routes
and General Plan, as in said resolutions and herein de-
scribed ; and
WHEREAS, On or about the 28th day of April, 1902,
The Board of Aldermen of the City of New York did bv
a majority vote of all its members approve such modifica-
,
tion of the Routes and General Plan as aforesaid, as set
forth in said resolution of 24th October, 1901, and did
390 Lenox Ave. Extension.
consent to the construction of a railway or railways in
accordance therewith, and on the same day the Mayor of
the City of New York did approve the said resolution and
did consent to the modification as aforesaid ; and
WHEREAS, The Board has obtained the approval of the
owners of a majority in value of the property along the
streets and portions of the streets as are included in the
routes by this agreement proposed to be added as afore-
said to such modification, and the consent of the said
owners to the construction and operation of the railway
therein provided for; and
WHSREAS, Heretofore, and on or about the 3ist day of
December, 1902, the City, acting by the Board, entered
into a contract, a copy of which is hereto annexed, with
the Interurban Street Railway Company, providing,
among other things, for certain method and manner of
construction of the said Railroad in front of certain prem-
ises, leased by the Interurban Street Railway Company,
fronting on the west side of Lenox avenue, between
One Hundred and Forty-sixth and One Hundred and
Lenox Ave. Extension. 391
r orty-seventh streets, wherein it was provided that any
)ntract made by the Board for construction in front of
such premises shall refer to, and the said contract shall
lerein be made binding upon, any such contractor and
my of his agents.
W, tbCrCfOrC* m " consideration of the premises
md subject to the consents hereinafter provided, it is
flQtCCb tnat ti 16 sa id Contract for Construction and
Operation and the Routes and General Plan therein con-
tained be, and the same are hereby modified by adding to
the said Routes and General Plan the words following, to
wit:
"And also extending from a point under Lenox
"avenue near One Hundred and Forty-second street
"northerly under Lenox avenue to a point at or near
"its intersection with the street known as 'Exterior
"street/ including connections by necessary and suit-
"able switches and tracks, or otherwise, with abutting
"properties used as terminal or storage grounds.
"The general plan of construction of the route
"hereby added shall be by tunnel in the same manner
"as provided in the routes and general plan for the
"construction of the rapid transit railroad under the
"portion of Lenox avenue between One Hundred and
"Tenth street and One Hundred and Forty-second
"street. There shall be at least two parallel tracks
39 2 Lenox Ave. Extension.
"with the right at any time to add a third track in the
"discretion of the Board of Rapid Transit Railroad
"Commissioners.
"A station and station approaches may also be built
"at the intersection of one of the streets intersecting
"Lenox avenue, between One Hundred and Forty-
"second and Exterior streets, as the Board of Rapid
"Transit Railroad Commissioners may decide.
"In all other respects the provisions of the said
"general plan of construction adopted January I4th
"and February 4th, 1897, shall be applicable to the
"portion of the route hereby substituted."
It 10 berCfy) a$reCfc that the reasonable
value of constructing that portion of the rapid transit rail-
road upon the said additional route from the point of
commencement thereof under Lenox avenue near One
Hundred and Forty-second street to a point under Lenox
avenue at its intersection with the centre line of One Hun-
dred and Forty-eighth street, shall be deemed a part of
the cost of constructing said rapid transit railroad, and
shall be ascertained and determined and paid to the Con-
tractor in the manner provided in the contract for the con-
struction and operation of said rapid transit railroad in
addition to the amounts in said contract agreed to be paid
unto said Contractor, and such additional amounts so paid
Lenox Ave. Extension. 393
shall be included in the total cost of the construction of the
said railroad in determining the amount of rental to be
paid under said contract in like manner as if said addi-
tional route had been originally authorized therein ; and
WHEREAS, It is in said Contract for the Construction
and Operation of the Rapid Transit Railroad further pro-
vided that the Contractor shall locate and furnish terminal
grounds subject to the approval of said Board, having a
mileage of not less than five miles and capable of storing
the equipment to be furnished under said contract for
which he is to be paid as specified therein, amounts not
exceeding in all the sum of One million seven hundred and
fifty thousand dollars ($1,750,00x3).
It 10 bereb^ furtber agreefc, That the
Contractor shall construct as a part of such terminals that
portion of the rapid transit railroad upon the said addi-
tional route from a point under Lenox avenue at its inter-
section with the centre line of One Hundred and Forty-
eighth street to the northerly termination thereof at a point
under Lenox avenue at or near its intersection with the
394 Lenox Ave. Extension.
street known as "Exterior street," and that the exact cost
thereof, together with ten per cent. (10%) thereon in ad-
dition thereto shall be allowed and paid the Contractor, as
in said contract provided, and charged against said Con-
tractor as a payment on account of the total sum of One
million seven hundred and fifty thousand dollars ($1,750,-
ooo), allowed in said contract for terminals as aforesaid,
fit 10 beret>\> furtber agreefc, that the con-
tract of December 3ist, 1902, between the City and the
Interurban Street Railway Company, hereinbefore men-
tioned, is and shall be binding upon the said Contractor
and any of his agents.
), however, and it is expressly AGREED,
That this agreement shall take effect if and when and only
when the following consents shall have been duly had, to
wit :
The 'consents as subjoined of Rapid Transit Subway
Construction Company, The United States Fidelity &
Guarantee Company, The City Trust, Safe Deposit &
Surety Company of Philadelphia, American Surety Com-
Lenox Ave. Extension. 395
pany of New York, National Surety Company, and Perry
Belmont, and Interborough Rapid Transit Company.
WberCOf, This contract has been
executed for the City of New York, by its Board of Rapid
Transit Railroad Commissioners, under and by a resolu-
tion duly adopted by said Board, concurred in by more
than six of its members, and the seal of the said Board
has been hereto affixed and these presents signed by the
President and Secretary of the said Board, and the Con-
tractor has hereto set his hand and seal, the day and year
first above written.
BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS.
By A. E. ORR,
PRESIDENT.
[SEAL.] BION L. BURROWS,
SECRETARY.
[SEAL.] JOHN B. McDONALD.
396 Lenox Ave. Extension.
STATE OF NEW YORK, )
> ss
COUNTY OF NEW YORK, j
On this 29th day of January, 1903, at the City of New
York, in said County, before me personally appeared Alex-
ander E. Orr and Bion L. Burrows, to me known and
known to me to be, the said Alexander E. Orr, the presi-
dent, and the said Bion L. Burrows, the secretary of the
Board of Rapid Transit Railroad Commissioners for the
City of New York; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose and
say, each for himself and not one for the other, the said
Alexander E. Orr, that he resided in the Borough of
Brooklyn, in the said City, that he was the president of the
said Board, and that he subscribed his name to the forego-
ing contract by virtue of the authority thereof; and the
said Bion L. Burrows, that he resided in the Borough of
Brooklyn, in the said City of New York, that he was the
secretary of the said Board, and that he subscribed his
name thereto by like authority ; and both the said Alexan-
der E. Orr and Bion L,. Burrows that they knew the seal
of the said Board and that the same was affixed to the
Lenox Ave. Extension. 397
foregoing instrument by the authority of the said Board
and of a resolution duly adopted by the same.
H. A. D. HOLLMANN,
NOTARY PUBLIC FOR KINGS COUNTY, N. Y.
Certificate filed in New York County.
[SEAL.]
STATE OF NEW YORK, }
County of New York, j SS< '
On this 26th day of January, 1903, before me personally
appeared John B. McDonald, to me known and known to
me to be the person and Contractor named in and who
executed the foregoing contract, and acknowledged to me
that he executed the same.
A. W.ANDREWS (36),
NOTARY PUBLIC,
N. Y. Co.
[SEAL.]
398 Lenox Ave. Extension.
bC UnfcCreigneb, being the sureties of John R.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One million dollars ($i,-
000,000) and the bond for construction and equipment in
the penalty of Five million dollars ($5,000,000) hereby
consent to the making of the foregoing instrument.
Dated New York, January 26th, 1903.
RAPID TRANSIT SUBWAY CONSTRUC-
TION COMPANY,
By W. G. OAKMAN,
VICE-PRESIDENT.
[SEAL.]
THE UNITED STATES FIDELITY AND
GUARANTY COMPANY,
By ANDREW FREEDMAN,
ATTEST : VICE-PRESIDENT.
SYLVESTER J. O'SULLIVAN,
MANAGER.
[SEAL.]
AMERICAN SURETY COMPANY OF
NEW YORK,
H. B. ZEVELY,
VICE-PRESIDENT.
WM. A. BRANDT,
ASSISTANT SECRETARY.
[SEAL.]
Lenox Ave. Extension. 399
NATIONAL SURETY COMPANY,
By THOS. F. GOODRICH,
VICE-PRESIDENT.
ATTEST : BALLARD McCALL,
SECRETARY.
[SEAL.]
THE CITY TRUST, SAFE DEPOSIT AND SURE-
TY COMPANY OF PHILADELPHIA,
160 Broadway, N. Y.
A. T. KIERNAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASST. SECRETARY.
[SEAL.]
PERRY BELMONT. [ SEA L.]
400 Lenox Ave. Extension.
STATE OF NEW YORK, )
i ss ~
COUNTY OF NEW YORK, J
On this 27th day of January, 1903, before me personally
appeared Perry Belmont, to me known and known to me
to be the individual described in and who executed the
foregoing consent, and he acknowledged to me that he
executed the same.
A. W. ANDREWS (36),
Notary Public,
N. Y. Co.
STATE OF NEW YORK, 1
COUNTY OF NEW YORK, J
On the 26th day of January, 1903, before me personally
appeared Andrew Freedman, to me known, who being
by me first duly sworn, did depose and say that he was the
Vice-President of the United States Fidelity & Guaranty
Company, the corporation described in and which execut-
ed the foregoing consent ; that he knew the corporate seal
of said company ; that one of the seals affixed to said con-
sent was such corporate seal ; that it was affixed thereto by
order of the Board of Directors of such company, and that
he signed his name thereto by like authority. And also
on the 27th day of January, 1903, before me personally ap-
.
Lenox Ave. Extension. 401
)eared Adrian T. Kiernan, to me known, who being by me
irst duly sworn, did depose and say that he was the Vice-
Resident of The City Trust, Safe Deposit and Surety
Company o-f Philadelphia, the corporation described in
md which executed the foregoing consent ; that he knew
the corporate seal of said company ; that one of the seals
affixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such
company, and that he signed his name thereto by like au-
thority. And also, on the 26th day of January, 1903, be-
fore me personally appeared Henry B. Zevely, to me
known, who being by me first duly sworn, did depose and
say that he was the Vice-President of American Surety
Company of New York, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company ; that one of the seals
affixed to said consent was such corporate seal ; that it
was affixed thereto by order of the Board of Directors oi
such company, and that he signed his name thereto by like
authority. And also, on the 27th day of January, 1903,
before me personally appeared Thomas F. Goodrich, to
4O2 Lenox Ave. Extension.
me known, who being by me first duly sworn, did depose
and say that he was the Vice-President of National Surety
Company of New York, the corporation described in ami
which executed the foregoing consent; that he knew the
corporate seal of said company; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also on the 26th day of January, 1903, befoie
me personally appeared Walter G. Oakman, to me known,
who being by me first duly sworn, did depose and say that
he was the Vice-President of Rapid Transit Subway Con-
struction Company, the corporation described in and
which executed the foregoing consent; that he knew the
corporate seal of said company; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like au-
thority.
A. W. ANDREWS (36),
NOTARY PUBLIC,
N. Y. Co.
[SEAL.]
Lenox Ave. Extension. 403
being the assignee of John B.
McDonald, the Contractor above mentioned, of the right
or obligation to maintain and operate the said rapid tran-
sit railroad for the term of years specified in said Con-
tract for Construction and Operation, and all rights in-
cluded in the leasing provisions of the said Contract, to-
gether with the obligation to provide equipment for the
said Railroad, hereby CONSENTS to the making of the fore-
going instrument.
Dated New York, January 26th, 1903.
INTERBOROUGH RAPID TRANSIT CO.,
E. P. BRYAN,
VICE- PRESIDENT.
[SEAL.]
404 Lenox Ave. Extension.
STATE OF NEW YORK, |
> ss. '.
COUNTY OF NEW YORK, j
On this 26th day of January, 1903, before me personally
appeared Edward P. Bryan, to me known, who being by
me first duly sworn, did depose and say, that he resided'
in the County of Westchester, in the State of New York,
that he is Vice-President of Interborough Rapid Transit
Company, the corporation described in and which execui-
ed the foregoing consent ; that he knew the corporate seal
of said Company ; that the seal affixed to said consent was
such corporate seal; that it was affixed thereto by order-
of the Board of Directors of said Company, and that he
signed his name thereto by like authority.
A. W.ANDREWS (36),
[SEAL.] NOTARY PUBLIC,
N. Y. Co.
Approved by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED
AS TO FORM.
Dated, New York, January 22nd, 1903.
G. L. RIVES,
CORPORATION COUNSEL.
Lenox Ave. Extension. 405
Copy .Resolution October 24, 19O1.
WHEREAS, This Board did, on the I4th day of January,
1897, and 4th day of February, 1897, adopt certain Routes
and General Plan for a rapid transit railroad in the City
of New York, a copy of which is hereto annexed entitled
"Copy Routes and General Plan" ; and
WHEREAS, The said Routes and General Plan were
afterward duly approved by the municipal authorities of
the City of New York, and were duly consented to by
commissioners appointed by the Appellate Division of the
Supreme Court, which consent was duly confirmed by the
said Appellate Division, in lieu of the consent of the own-
ers of a majority in value of the property along said
routes ; and
WHEREAS, Thereafter, and on or about the 2ist day of
February, 1900, the City of New York did by this Board
enter into a certain contract with John B. McDonald for the
construction and operation of the said rapid transit rail-
road ; and
WHEREAS, It is the interest of the City of New York,
and, in the opinion of the said John B. McDonald, it is
likewise in his interest as such contractor, and he desires
that said Routes and General Plan shall be changed in
the respect hereinafter mentioned, but without other
change in the said Routes and General Plan ; now there-
fore it is
RESOLVED, That, subject to the consents and approvals
to be first obtained as in these resolutions hereinafter men-
tioned, the said Routes and General Plan heretofore adopt-
ed by this Board be, and they hereby are, modified by add-
ing to the said routes the following, to wit :
"And also extending from a point under Lenox avenue
near One Hundred and Forty-second street northerly un-
der Lenox avenue to a point at or near its intersection
with the street known as 'Exterior street,' including con-
nections by necessary and suitable switches and tracks, or
otherwise, with abutting properties used as terminal or
storage grounds.
406 Lenox Ave. Extension.
"The general plan of construction of the portion of the
route hereby added shall be by tunnel in the same manner
as provided in the routes and general plan for the con-
struction of the rapid transit railroad under the portion
of Lenox avenue between One Hundred and Tenth street
and One Hundred and Forty-second street. There shall
be at least two parallel tracks with the right at any time
to add a third track in the discretion of the Board of
Rapid Transit Railroad Commissioners.
"A station and station approaches may also be built at
the intersection of one of the streets intersecting Lenox
avenue, between One Hundred and Forty-second and Ex-
terior streets, as the board of Rapid Transit Railroad Com-
missioners may decide."
In all other respects the provisions of the said general
plan of construction adopted January I4th and February
4th, 1897, shall be applicable to the portion of the route
hereby substituted ; and it is further
RESOLVED, That whereas this Board has duly made the
inquiries and investigation necessary or proper in the
premises, and has determined that the modification afore-
said of the said Routes and General Plan are necessary for
the interests of the public and of the City of New York
and should be established as herein provided, this Board
does hereby determine and establish the said Routes and
General Plan as hereby modified, subject to the consents
and approvals to be first obtained as hereinafter men-
tioned ; and it is further
RESOLVED, That the said modifications of Routes and
General Plans shall take effect only upon and after the
following consents and approvals thereto shall be duly
had, to wit :
1. The consent of the Municipal Assembly of The City
of New York.
2. The consent of the Mayor of the City of New York.
3. The consent of the owners of a majority in value
the property along streets or such portions of streets as
are included in the portion of routes by these resolutions
proposed to be substituted as aforesaid ; or. if such con-
Lenox Ave. Extension. 407
sents cannot be obtained, then, in lieu thereof, the deter-
mination of three commissioners to be appointed by the
Appellate Division of the Supreme Court, duly confirmed
by the said Appellate Division.
4. The consent of the said John B. McDonald, contrac-
tor, and of his sureties, as follows : Rapid Transit Subwav
Construction Company ; The United States Fidelity and
Guaranty Company; The City Trust, Safe Deposit and
Surety Company of Philadelphia; American Surety Com-
pany of New York ; National Surety Company and Perry
Belmont.
It is further
RESOLVED, That this Board hereby adopts the drawing
now produced and numbered one as showing the modifi-
cations or extension hereby adopted.
408 Lenox Ave. Extension.
Copy Resolution November 2Oth, 1902.
WHEREAS, The Board did, on the 24th day of October,
1901, at the request of John B. McDonald, the Contractor,
adopt certain resolutions modifying the routes and general
plan contained in the Contract for Construction and Oper-
ation, entered into by the City of New York and the said
Contractor on or about the 2ist day of February, 1900, in
order to provide for a route and a general plan in addition
to the said routes and general plan in said Contract con-
tained; and
WHEREAS, The said Contractor is willing that the cost
of constructing that portion of the Rapid Transit Railroad
upon the said additional routes from the point of its com-
mencement under Lenox avenue near One Hundred and
Forty-second street to a point under Lenox avenue at Its
intersection with the centre line of One Hundred and
Forty-eighth street, shall be deemed a part of the cost of
constructing said Rapid Transit Railroad and shall be as-
certained and determined and paid to the said Contractor
in the manner provided in the Contract for Construction
and Operation of said Rapid Transit Railroad in addition
to the amounts in said contract agreed to be paid unto said
Contractor, and such additional amounts so paid shall be
included in the total cost of the construction of the said
Railroad in determining the amount of rental to be paid
under said contract, in like manner as if said additional
route had been originally authorized therein ; and that the
cost of constructing that portion of the said railroad upon
the said additional routes from a point under Lenox ave-
nue at its intersection with the centre line of One Hun-
dred and Forty-eighth street to the northerly end of such
extension route at a point under Lenox avenue at or near
its intersection with the street known as Exterior street,
shall be deemed to be part of the terminals provided for in
the said Contract for Construction and Operation, and
that the exact cost thereof, together with ten per cent.
thereon in addition thereto, shall be allowed and paid the
Contractor as in said Contract for Construction and
Operation provided, and charged against said Contractor
as a payment on account of the total sum of One million
Lenox Ave. Extension. 409
seven hundred and fifty thousand dollars ($1,750,000), the
maximum amount allowed in said contract for terminals ;
RESOLVED, That the officers of this Board be, and they
hereby are, in the name and under the seal of the Board,
authorized to execute with the Contractor a contract modi-
fying the Contract for Construction and Operation in this
respect, substantially as follows:
[Here follows form of Contract.]
4i o Lenox Ave. Extension.
Agreement of December 31st, 1902.
Agreement, made this 3ist day of December, in the year
1902, between the City of New York, acting by The Board
of Rapid Transit Railroad Commissioners for the City of
New York, hereinafter called the Board, party of the first
part, and the Interurban Street Railway Company, of the
City of New York, hereinafter called the Company, party
of the second part :
WHEREAS, The Sixth Avenue Railroad Company anJ
the Metropolitan Street Railway Company are severally
the owners of the property fronting on the west side of
Lenox avenue, between One Hundred and Forty-sixth and
One Hundred and Forty-seventh Streets, in the Borough
of Manhattan, City of New York, and have leased the said
property, and the same is now held by the Interurban
Street Railway Company, the party hereto of the second
part under lease ; and
WHEREAS, The said owning corporations have, by in-
strument bearing date the I4th day of August, 1902, copies
of which are hereto annexed marked "A," given their con-
sent in writing to the construction of the rapid transit
railroad in this City according to the certain routes and
general plan of construction ; and
WHEREAS, It is for the interest of all the parties that the
construction of said rapid transit railroad under the au-
thority of the Board shall not interfere with the operation
of the railroad of the Company, and shall not prevent
access to and egress from said car house ;
Now, THEREFORE, in consideration of one dollar ($1.00)
and of other good and valuable considerations, each to the
other in hand paid, the parties hereto agree as follows :
The Board agrees that the work of constructing said
rapid transit railroad according to the said routes and
general plan in front of the premises of the Company
aforesaid shall be done in such a manner that there shall
be no unreasonable, unnecessary or preventable interfer-
ence with or obstruction to the operation of the railroad
of the Company in front of said premises by the Commis-
sioners or any of their servants or agents, or by any con-
tractor or any of his servants, agents or employees, who
Lenox Ave. Extension. 411
shall at any time carry on construction work in front of
said premises.
That the method and manner of construction be such
that the tracks and special work of the Railway Com-
pany, as well as the pits beneath the special work, shall
not be disturbed, and shall be maintained at all times
in condition for safe operation of the cars of the Rail-
way Company. And whenever it shall be necessary to
undermine this special track work, it shall be supported
by substantial timbering in a manner acceptable to the
Engineer of the Railway Company.
And if it shall be necessary during the progress of the
work to remove the bottoms from any of the junction pits
or manholes, the concrete bottoms shall be replaced by
timber platforms.
Also whenever it shall be necessary during the prog-
ress of the work to drive sheet piling near these tracks
or special work, it shall be done at such time and in such
manner as not to interfere with the free use of the tracks
by the Railway Company.
It is also understood that after the completion of the
tunnel, the tracks and special work of the Railway Com-
pany will be permanently supported in such a way as to
obviate any settlement after the removal of the temporary
supports.
That any contract made by the Commissioners for con-
struction in front of such premises shall refer to, and this
contract shall therein be made binding upon, any such
contractor and any of his agents.
IN WITNESS WHEREOF, the parties hereto have signed
this agreement the day and year first above written.
THE BOARD OF RAPID TRANSIT RAILROAD
COMMISSIONERS FOR THE CITY OF NEW
YORK,
By A. E. ORR,
PRESIDENT.
BION L. BURROWS,
[SEAL.] SECRETARY.
INTERURBAN STREET RAILWAY COMPANY,
By H. H. VREELAND,
[SEAL.] PRESIDENT.
412 Lenox Ave. Extension.
To the Board of Rapid Transit Railroad Commissioners
for the City of New York:
Referring to the routes and general plan of construc-
tion adopted by said Board of Rapid Transit Railroad
Commissioners on the i/j-th day of January, 1897, and to
the plans and conclusions therewith, all of which were on
or about the 2d day of March, 1897, transmitted by said
Board to the Common Council of the City of New York,
and referring also to the resolutions adopted by said Board
on the 24th day of October, 1901, and thereafter trans-
mitted to the Board of Aldermen of the present City of
New York, providing for the modification of or extension
to said routes, general plan of construction, plans and
conclusions, by adding to the said routes the following, to
wit : Lenox avenue, from a point in the centre line thereof
near the centre line of One Hundred and Forty-second
street, northerly to a point at or near the intersection of
Lenox avenue with Exterior street; the general plan of
construction to be by tunnel in the same manner as pro-
vided in the routes and general plan for the construction
of the rapid transit railroad under that portion of Lenox
avenue between One Hundred and Tenth street and One
Hundred and Forty-second street, the undersigned, Met-
ropolitan Street Railway Company, of No.
, in the City of New York, being
owner of property on the west side of Lenox avenue, in
the Borough of Manhattan, in the City of New York,
along and bounded on the said west side of said Lenox
avenue, and known as Lot No. i, Block No. 2015, on the
Block Map of Taxes and Assessments of the City of New
York, filed in the office of the Commissioners of Taxes
and Assessments in the Borough of Manhattan, in the City
of New York, in the year 1902, does hereby consent to the
construction and operation of a rapid transit railway in
the City of New York according to the said routes, gen-
eral plan of construction, plans and conclusions transmit-
Lenox Ave. Extension. 4*3
ted as aforesaid by said Board to the Common Council of
the City of New York, but modified as aforesaid.
Dated the I4th day of October, 1902.
METROPOLITAN STREET RAILWAY
COMPANY,
By D. B. HASBROUCK,
[SEAL.] VICE-PRESIDENT.
CITY AND COUNTY OF NEW YORK, ss. :
On this i6th day of October, A. D. 1902, before me per-
sonally came D. B. Hasbrouck, to me known, who, being
by me duly sworn, did depose and say that he resided in
the City of New York, Borough of Brooklyn, and State
of New York ; that he is the Vice President of the Metro-
politan Street Railway Company, the corporation de-
scribed in and which executed the foregoing instrument ;
that he knew the seal of said corporation; that the seal
affixed to said instrument was such corporate seal ; that it
was so affixed by order of the Board of ^Directors of said
corporation, and that he signed his name thereto by the
like order.
RALPH W. BOTHAM,
[L. s.] NOTARY PUBLIC, KINGS Co. (83).
Certificate filed in New York Countv.
To the Board of Rapid Transit Railroad Commissioners
for the City of New York:
Referring to the routes and general plan of construc-
tion adopted by said Board of Rapid Transit Railroad
Commissioners on the I4th day of January, 1897, an d to
the plans and conclusions therewith, all of which were on
or about the 2d day of March, 1897, transmitted by said
Board to the Common Council of the City of New York,
and referring also to the resolutions adopted by said
Board on the 24th day of October, 1901, and thereafter
414 Lenox Ave. Extension.
transmitted to the Board of Aldermen of the present City
of 'New York, providing for the modification of or exten-
tension to said routes, general pian of construction, plans
and conclusions, by adding to tl e said routes the follow-
ing, to wit : Lenox avenue, from a point in the centre line
thereof near the centre line of One Hundred and Forty-
second street, northerly to a point at or near the intersec-
tion of Lenox avenue with Exterior street; the general
plan of construction to be by t innel in the same manner
as provided in the routes and general plan for the con-
struction of the rapid transit railroad under that portion
of Lenox -avenue between One Hundred and Tenth street
and One hundred and Forty-second street, the under-
signed, Sixth Avenue Railroad Company, of No.
, in the City of New York,
being owner of property on ic west side of Lenox ave-
nue, in the Borough of Manhattan, in the City of New
York, along and bounded on the said west side of said
Lenox avenue, and known as Lot No. I, Block No. 2015,
on the Block Map of Taxes and Assessments of the City
of New York, filed in the office of the Commissioners of
Taxes and Assessments in the Borough of Manhattan, in
the City of New York, in the year 1902, does hereby
consent to the construction and operation of a rapid tran-
sit railway in the City of New York according to the said
routes, general plan of construction, plans and conclusions
transmitted as aforesaid by said Board to the Common
Council of the City of New York, but modified as afore-
said.
Dated the I4th day of October, 1902.
SIXTH AVE. R. R. CO.,
By FRANK CURTISS,
[SEAL.] PRESIDENT.
ATTEST: E. H. GARRISON,
SECRETARY.
CITY AND COUNTY OF NEW YORK, ss. :
On this I4th day of October, A. D., 1902, before me
personally came Frank Curtiss, to me known, who, being
by me duly sworn, did depose and say that he resided in
the Town of Sheffield, State of Massachusetts, and he is
Lenox Ave. Extension 415
the President of the Sixth Avenue Railroad Companv,
the corporation described in and which executed the fore-
going instrument ; thai} he knew the seal of said corpora-
tion ; that the seal affixed to said instrument was such cor-
porate seal ; that it was so affixed by order of the Board
of Directors of said corporation, and that he signed his
name thereto by the like order.
WARREN C. FRENCH, Jr.,
" [L. s.] NOTARY PUBLIC,
N. Y. Co.
The City of New York
By its Rapid Transit Board.
WITH
John B. McDonald,
Contractor.
and
Interborough Rapid Transit
Company
AGREEMENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
FORT LEE FERRY,
Dated, July i6th, 1903.
Ft. Lee Ferry Connection. 419
made this i6th day of July, in the year
Nineteen hundred and three, between THE CITY OF NEW
YORK (hereinafter called the City), acting by the Board
of Rapid Transit Railroad Commissioners for the City of
New York (hereinafter called the Board), party of the
first part, and JOHN B. MCDONALD, of The City of New
York (hereinafter called the Contractor), and Interbor-
ough Rapid Transit Company, parties of the second part,
WlTNESSETH :
WHEREAS, Heretofore and on the I4th day of January,
1897, and the 4th day of February, 1897, the Board adopt-
ed certain Routes and General Plan for a rapid transit
railroad in the City of New York, a portion of which ex-
tends under the Boulevard to a point at or near One Hun-
dred and Twenty-fourth street, and thence by viaduct
along and over the Boulevard to a point at or near One
Hundred and Thirty-fourth street and thence further to
the north on the westerly branch of the said rapid transit
railroad ; and
WHEREAS, Heretofore and on or about the 2ist day of
420 Ft. Lee Ferry Connection.
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of the said Rapid Transit Railroad in the
City of New York and otherwise, as therein mentioned,
the said contract being hereinafter styled the Contract for
Construction and Operation ; and
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the perform-
ance of the said Contract for Construction and Operation
on his part and has given certain bonds as further security
for such performance and upon such bonds there are sure-
ties as follows : Rapid Transit Subway Construction Com-
pany, The United States Fidelity & Guaranty Company,
The City Trust, Safe Deposit & Surety Company of Phila-
delphia, American Surety Company of New York, Na-
tional Surety Company, and Perry Belmont ; and
WHEREAS, By written instrument bearing date the tenth
day of July, 1902, the Contractor, with the written con-
sent of the Board, concurred in by six members thereof,
duly assigned the right or obligation to maintain and
Ft. Lee Ferry Connection. 421
operate the said Rapid Transit Railroad for the term of
years specified in the said contract and all rights included
in the leasing provisions of the said contract, together with
the obligation to provide equipment for the said railroad,
unto Interborough Rapid Transit Company, which Com-
pany also guaranteed the performance by the Contractor
of the provisions of his said contract not so assigned to it ;
and
WHEREAS, It is in said Contract for Construction and
Operation provided that the said Board of Rapid Transit
Railroad Commissioners shall have the right to require
additional work to be done or additional materials to be
furnished or both, within the general purview of a rapid
transit railroad as therein described, the reasonable value
of which should be additionally paid to the Contractor;
and
WHEREAS, The Contractor desires, and the Board ap-
proves, a modification of the Routes and General Plan for
the Rapid Transit Railroad referred to in the said Contract
for Construction and Operation as set forth in certain
*422 Ft. Lee Ferry Connection.
resolutions adopted by the Board on the i6th day of July,
1903, a copy of which is hereto annexed, in order to pro-
vide for an addition to the said Routes and General Plan,
as in said resolutions and herein described :
, in consideration of the prem-
ises, but subject to the consents hereinafter provided, it is
that the said contract for Construction and
Operation and the Routes and General Plan therein con-
tained be, and the same are hereby modified by adding to
the said Routes and General Plan the words following, to
wit:
"And also a branch or spur extending from the
"line of the route aforesaid on Broadway (formerly
"the Boulevard), at a point about one hundred (100)
"feet northerly from the north line of One Hundred
"and Twenty-fifth street, and thence extending north-
"erly along and over Broadway (being in addition to
"the tracks hereinbefore originally provided along
"such portion of Broadway) to Manhattan street;
"thence westerly along and over Manhattan street
"and under the Manhattan viaduct and over and
"across the tracks of the New York Central & Hud-
"son River Railroad, West One Hundred and Thir-
tieth street and the exterior or bulkhead street to the
"ferry house at the foot of West One Hundred and
"Thirtieth street, together with proper connections by
^
Ft. Lee Ferry Connection. 423
"necessary and suitable switches, tracks and other-
"wise, with the rapid transit railroad originally de-
Ascribed in said Routes and General Plan, at and
"north of One Hundred and Twenty-fifth street, and
"also including proper connections by stairways and
"otherwise with the said ferry house.
"The general plan of construction of the route here-
"by added shall be by elevated structure of the same
"character and to be constructed in the same manner
"as is hereinbefore provided for the elevated portion
"of the rapid transit railroad over and along Broad-
"way (the Boulevard) at One Hundred and Twenty -
"fifth street. There shall be at least two parallel
"tracks with the right at any time to add a third track
"in the discretion of the Board of Rapid Transit Rail-
"road Commissioners. The said connections, switch-
"es and tracks shall be so constructed as to make
"convenient the running of trains without change be-
tween the portions of the said rapid transit railroad
"over and along Broadway (the Boulevard) south of
"One Hundred and Twenty-fifth street and the part
"on Manhattan street hereby provided for. Stations
"and station approaches may be built at the intersec-
tion of Broadway and Manhattan street and also at
"the terminus of the addition hereby adopted at the
"foot of West One Hundred and Thirtieth street or
"elsewhere, upon the said addition, as the Board of
"Rapid Transit Railroad Commissioners may decide.
"In all other respects the provisions of the said
"general plan of construction adopted January I4th
"and February 4th, 1897, shall be applicable to the
"portion of the route hereby added."
424 Ft. Lee Ferry Connection.
Hnfc it 10 berebs further agreed, that
the said contract be and the same shall hereafter be
deemed to be so modified as that the portion of the rapid
transit railroad added by the modification aforesaid of the
Routes and General Plan shall in all respects, except as
herein otherwise expressly provided, be deemed to be part
of the rapid transit railroad originally described in the
said contract hereby modified, provided, however, that
the frequency of train service upon the said portion of the
rapid transit railroad so added by the said modification
shall, from time to time, be determined by the Board,
Provided, further, however, that the frequency of such
service shall in no case be required to be greater than is
in said contract provided for service upon the remainder
of the said rapid transit railroad.
it 10 bereb$ furtbcr agreed, that the
reasonable value of constructing that portion of the rapid
transit railroad upon the said additional route and includ-
ing all of the said connections, switches, tracks, stations
and station approaches, and all appurtenances of such ad-
Ft. Lee Ferry Connection. 425
dition to the said rapid transit railroad shall be deemed a
part of the cost of constructing said rapid transit railroad,
and shall be ascertained and determined and paid to the
Contractor in the manner provided in the contract for thf
construction and operation of said rapid transit railroad ip
addition to the amounts in said contract originally agreed
to be paid unto said Contractor, and that such additional
amounts so paid shall be included in the total cost of the
construction of the said railroad in determining the
amount of rental to be paid under said contract in like
manner as if said additional route had been originally au-
thorized therein;
, however, and it is expressly AGREED,
That this agreement shall take effect if and when and
only when the following consents shall have been duly
had, to wit :
The consents as subjoined of Rapid Transit Subway
Construction Company, The United States Fidelity &
Guaranty Company, The City Trust, Safe Deposit & Sure-
ty Company of Philadelphia, American Surety Company
426 Ft- Lee Ferry Connection.
of New York, National Surety Company, and Perry Bsl-
ment; and
, further, however, and it is expressly
agreed, that this agreement shall take effect if and when,
and only when, the following consents shall have been duly
given to the said resolutions adopted by the Board on the
i6th day of July, 1903, a copy of which is hereto annexed,
providing for the said addition to said Routes and General
Plan ; the consent of the Board of Aldermen of the City of
New York ; the consent of the Mayor of the City of New
York; and the consent of the owners of a majority in
value of the property along such streets or such portions
of streets as are included in the portion of the route added
as aforesaid, or if such last mentioned consent cannot be
obtained, then in lieu thereof, the determination of three
commissioners to be appointed by the Appellate Division
of the Supreme Court duly confirmed by the said Appel-
late Division.
The plan hereto annexed entitled "Board of Rapid
Transit Railroad Commissioners for the City of New
York; Routes and General Plan adopted by resolution
Ft. Lee Ferry Connection. 427
July 1 6, 1903," is intended to illustrate and show in gen-
eral the addition to and modification of the said original
Routes and General Plan as hereby proposed.
Utl WltnC00 WberCOf, This contract has been
executed for the City of New York, by its Board of Rapid
Transit Railroad Commissioners, under and by a resolu-
tion duly adopted by said Board, concurred in by more
than six of its members, and the seal of the said Board has
been hereto affixed and these presents signed by the Presi-
dent and Secretary of the said Board, and the said John
B. McDonald has hereto set his hand and seal and the said
Interborough Rapid Transit Company has caused its cor-
porate seal to be hereto affixed and attested by its secre-
tary, and these presents to be signed by its president, all
the day and year first above written.
BOARD OF RAPID TRANSIT R. R. COMMIS-
SIONERS FOR THE CITY OF NEW YORK,
By A. E. ORR,
PRESIDENT.
BION L. BURROWS,
SECRETARY.
[SEAL.]
JOHN B. MCDONALD,
[SEAL.]
INTERBOROUGH RAPID TRANSIT CO.,
AUGUST BELMONT,
PRESIDENT.
ATTEST :
H. M. FISHER,
SEC. pro tern.
428 Ft. Lee Ferry Connection.
STATE OF NEW YORK,
COUNTY OF NEW YORK,
On this first day of October, 1903, at the City of New
York, in said County, before me personally appeared Alex-
ander E. Orr and Bion L,. Burrows, to me known and
known to me to be, the said Alexander E. Orr, the presi-
dent, and the said Bion L. Burrows, the secretary of the
Board of Rapid Transit Railroad Commissioners for the
City of New York; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose and
say, each for himself and not one for the other, the said
Alexander E. Orr, that he resided in the Borough cf
Brooklyn, in the said City, that he was the president of the
said Board, and that he subscribed his name to the fore-
going contract by virtue of the authority thereof ; and the
said Bion L. Burrows, that he resided in the Borough of
Brooklyn, in the said City of New York, that he was the
secretary of the said Board, and that he subscribed his
name thereto by like authority ; and both the said Alexan-
der E. Orr and Bion L. Burrows that they knew the seal
Ft. Lee Ferry Connection. 429
of the said Board and that the same was affixed to the
foregoing instrument by the authority of the said Board
and of a resolution duly adopted by the same.
H. A. D. HOLLMANN,
[NOTARIAL] NOTARY PUBLIC for
[ SEAL. ] Kings County, N. Y.
Certificate filed in New York County.
STATE OF NEW YORK, )
> ss *
COUNTY OF NEW YORK, j
On this 23d day of September, 1903, before me person-
ally appeared John B. McDonald, to me known, and
known to me to be the individual described in and who
executed the foregoing contract, and he acknowledged to
me that he executed the same.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
430 Ft. Lee Ferry Connection.
STATE OF NEW YORK,
ss. '.
COUNTY OF NEW YORK,
On this 28th day of September, 1903, before me per-
sonally appeared August Belmont, to me known, who be-
ing by me first duly sworn, did depose and say, that he re-
sided in the County of Nassau, in the State of New York ;
that he is President of Interborough Rapid Transit Com-
pany, the corporation described in and which executed the
foregoing contract; that he knew the corporate seal of
said company ; that one of the seals affixed to said contract
was such corporate seal ; that it was affixed thereto by
order of the Board of Directors of said Company, and that
he signed his name thereto by like authority.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
Ft. Lee Ferry Connection. 431
1Hnt>er0ignet> being the sureties of John B.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One million dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of Five million dollars ($5,000,000)
hereby consent to the making of the foregoing instrument.
Dated New York, September 23d, 1903.
RAPID TRANSIT SUBWAY
CONSTRUCTION CO.,
By AUGUST BELMONT,
PRESIDENT.
[SEAL.]
AMERICAN SURETY COMPANY
OF NEW YORK,
DAVID B. SICKLES,
VICE-PRESIDENT.
HENRY TOFTS,
ASSISTANT SECRETARY.
[SEAL.]
THE UNITED STATES FIDELITY
AND GUARANTY COMPANY,
By SYLVESTER J. O'SULLIVAN,
MANAGER.-
ATTEST :
G. TERRY SINCLAIR,
ATTORNEY IN FACT.
[SEAL.]
PERRY BELMONT. [SEAL.]
43 2 Ft. Lee Ferry Connection.
THE CITY TRUST, SAFE DEPOSIT AND SURE-
TY COMPANY OF PHILADELPHIA,
160 Broadway, N. Y.
A. T. KIERNAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASST. SECRETARY.
[SEAL.]
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
ATTEST :
BALLARD McCALL,
SECRETARY.
[SEAL.]
STATE OF NEW YORK. )
> ss *
COUNTY OF NEW YORK, j
On this 28th day of September, 1903, before me per-
sonally appeared Perry Belmont, to me known and known
to me to be the individual described in and who executed
the foregoing consent, and he acknowledged to me that he
executed the same.
A. W. ANDREWS (39),
[NOTARIAL] . NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
Ft. Lee Ferry Connection. 433
STATE OF NEW YORK,
/ss. '
(JOUNTY OF iMEW YORK
il
On this 28th day of September, 1903, before me person-
ally appeared Sylvester J. O' Sullivan, to me known, who
being by me first duly sworn, did depose and say that he
was the Manager of The United States Fidelity & Guaran-
ty Company, the corporation of the name described in and
which executed the foregoing consent; that he knew the
corporate seal of said company ; that one of the seals af-
fixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such
company, and that he signed his name thereto by like au-
thority. And also on the 29th day of September, 1903,
before me personally appeared Adrian T. Kiernan, to me
known, who being by me first duly sworn, did depose and
say that he was the Vice-President of The City Trust, Safe
Deposit and Surety Company of Philadelphia, the cor-
poration of that name described in and which executed the
foregoing consent ; that he knew the corporate seal of said
company ; that one of the seals affixed to said consent was
such corporate seal ; that it was affixed thereto by order of
the Board of Directors of such company, and that he
434 Ft- Lee Ferry Connection.
signed his name thereto by like authority. And also, on
the 28th day of September, 1903, before me personally ap-
peared David B. Sickles, to me known, who being by me
first duly sworn, did depose and say that he was the Vice-
President of American Surety Company of New York,
the corporation of that name described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company ; that one of the seals affixed to said
consent was such corporate seal ; that it was affixed there-
to by order of the Board of Directors of such company,
and that he signed his name thereto by like authority.
And also, on the 2Qth day of September, 1903, before me
personally appeared Charles A. Dean, to me known, who
being by me first duly sworn, did depose and say that he
was the President of National Surety Company of New
York, the corporation of that name described in and which
executed the foregoing consent; that he knew the cor-
porate seal of said company ; that the seal affixed to said
consent was such corporate seal ; that it was affixed thereto
by order of the Board of Directors of such company, and
that he signed his name thereto by like authority. And
Ft. Lee Ferry Connection. 435
also on the 28th day of September, 1903, before me per-
sonally appeared August Belmont, to me known, who be-
ing by me first duly sworn, did depose and say that ne
was the President of Rapid Transit Subway Construction
Company, the corporation of that name described in and
which executed the foregoing consent; that he knew the
corporate seal of said company ; that the seal affixed to
said consent was such corporate seal ; that it was affixed
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like authority.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
436 Ft. Lee Ferry Connection.
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED
AS TO FORM.
Dated, New York, September i8th, 1903.
G. L. RIVES,
CORPORATION COUNSEL.
Ft. Lee Ferry Connection. 437
Copy Resolution of 16tli July, 19O3.
WHEREAS, This Board did, on the I4th day of January,
1897, and 4th day of February, 1897, adopt certain Routes
and General Plan for a rapid transit railroad in the City
of New York, a copy of which is hereto annexed entitled
"Copy Routes and General Plan" : and
WHEREAS, The said Routes and General Plan were af-
terward duly approved by the municipal authorities of the
City of New York, and were duly consented to by com-
missioners appointed by the Appellate Division of the Su-
preme Court, which consent was duly confirmed by the
said Appellate Division, in lieu of the consent of the own-
ers of a majority in value of the property along said
routes ; and
WHEREAS, Thereafter, and on or about the 2ist day of
February, 1900, the City of New York did by this Board
enter into a certain contract with John B. McDonald for
the construction and operation of the said rapid transit
railroad : and
WHEREAS, By written instrument bearing date the loth
day of July, 1902, the said John B. McDonald with the
written consent of this Board concurred in by six mem-
bers thereof duly assigned the right or obligation to main-
tain and operate the said rapid transit railroad for the term
of years specified in the said contract and all rights in-
cluded in the leasing provisions of the said contract to-
gether with the obligation to provide equipment for the
said railroad, unto Interborough Rapid Transit Company,
which Company also guaranteed the performance by the
said John B. McDonald as such contractor, of the pro-
visions of his said contract not so assigned to it : and
WHEREAS, It is the interest of the City of New York,
and, in the opinion of the said John B. McDonald, it is
likewise in his interest as such contractor, and he desires
that said Routes and General Plan shall be changed in th^
respect hereinafter mentioned, but without other change
in the said Routes and General Plan ; now therefore it is
438 Ft. Lee Ferry Connection.
RESOLVED, That, subject to the consents and approvals
to be first obtained as in these resolutions hereinafter men-
tioned, the said Routes and General Plan heretofore
adopted by this Board be, and they hereby are modified
by adding to the said routes the following, to wit :
"And also a branch or spur extending from the line cf
the route aforesaid on Broadway (formerly the Boule-
vard), at a point about one hundred (100) feet northerly
from the north line of One Hundred and Twenty-fifth
street ; and thence extending" northerly along and over
Broadway (being in addition to the tracks hereinbefore
originally provided along such portion of Broadway) to
Manhattan street; thence westerly along and over Man-
hattan street and under the Manhattan viaduct and over
and across the tracks of the New York Central & Hudson
River Railroad, West One Hundred and Thirtieth street
and the exterior or bulkhead street to the ferry house at
the foot of West One Hundred and Thirtieth street, to-
gether with proper connections by necessary and suitable
switches, tracks and otherwise, with the rapid transit rail-
road originally described in said Routes and General Plan,
at and north of One Hundred and Twenty-fifth street, and
also including proper connections by stairways and other-
wise with the said ferry house.
"The general plan of construction of the portion of the
route hereby added shall be by elevated structure of the
same character and to be constructed in the same manner
as is hereinbefore provided for the elevated portion of the
rapid transit railroad over and along Broadway (the
Boulevard) at One Hundred and Twenty-fifth street.
There shall be at least two parallel tracks with the right at
any time to add a third track in the discretion of the Board
of Rapid Transit Railroad Commissioners. The said con-
nections, switches and tracks shall be so constructed as to
make convenient the running of trains without change be-
tween the portions of the said rapid transit railroad over
and along Broadway (the Boulevard) south of One Hun-
dred and Twenty-fifth street and the part on Manhattan
street hereby provided for. Stations and station ap-
Ft. Lee Ferry Connection. 439
preaches may be built at the intersection of Broadway and
Manhattan street, and also at the terminus of the addition
hereby adopted at the foot of West One Hundred and
Thirtieth street or elsewhere upon the said addition as
the Board of Rapid Transit Railroad Commissioners may
decide."
In all other respects the provisions of the said general
plan of construction adopted January I4th and February
4th, 1897, shall be applicable to the portion of the route
hereby added ; and it is further
RESOLVED that, Whereas this Board has duly made the
inquiries and investigation necessary or proper in the
premises, and has determined that the modification afore-
said of the said Routes and General Plan are necessary for
the interests of the public and of the City of New York
and should be established as herein provided, this Board
does hereby determine and establish the said Routes and
General Plan as hereby modified, subject to the consents
and approvals to be first obtained as hereinafter men-
tioned ; and it is further
RESOLVED, That the said modifications of Routes and
General Plans shall take effect only upon and after the
following consents and approvals thereto shall be duly
had, to wit :
1. The consent of the Board of Aldermen of The City
of New York.
2. The consent of the Mayor of The City of New York.
3. The consent of the owners of a majority in value of
the property along streets or such portions of streets as are
included in the portion of the routes added as aforesaid ;
or, if such consents cannot be obtained, then, in lieu there-
of, the determination of three commissioners to be ap-
pointed by the Appellate Division of the Supreme Court,
duly confirmed by the said Appellate Division.
440 Ft. Lee Ferry Connection.
4. The consent of the said John B. McDonald, contrac-
tor, and of his sureties, as follows : Rapid Transit Subway
Construction Company; The United States Fidelity and
Guaranty Company; The City Trust, Safe Deposit and
Surety Company of Philadelphia ; American Surety Com-
pany of New York ; National Surety Company, and Perry
Belmont, and also of Interborough Rapid Transit Com-
pany.
It is further RESOLVED, That this Board hereby adopts
the drawing now produced and entitled "Board of Rapid
Transit Railroad Commissioners for the City of New
York: Routes and General Plan adopted by Resolution,
July 16, 1903," as showing in general the additions to and
modifications of the original Routes and General Plan
hereby adopted.
[Drawing annexed to Original Agreements.]
The City of New York
By its Rapid Transit Board,
WITH
i
John B. flcDonald,
Contractor,
and
Interborough Rapid Transit
Company.
AQREEflENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
WESTCHBSTER AVENUE
Dated, July i6th, 1903.
Connection With Manhattan Road. 445
made this :6th day of July, in the year
Nineteen hundred and three, between THE CITY OF NEW
YORK (hereinafter called the City), acting by the Board
of Rapid Transit Railroad Commissioners for the City of
New York (hereinafter called the Board), party of the
first part, and JOHN B. McDoNAU), of The City of New
York (hereinafter called the Contractor), and Interbor-
ough Rapid Transit Company, parties of the second part,
WlTNESSETH :
WHEREAS, Heretofore and on the I4th day of January,
1897, and the 4th day of February, 1897, the Board adopt-
ed certain Routes and General Plan for a rapid transit
railroad in the City of New York, a portion of which in
the Borough of the Bronx extends from under the Har-
lem River under private property to East One Hundred
and Forty-ninth street at or near its intersection with
River avenue ; thence under East One Hundred and For-
ty-ninth street & a point near its intersection with Third
avenue ; thence with a curve to the left and under Third
avenue to a point near its intersection with Westchester
avenue; thence with a curve to the right to and under
44 6 Connection With Manhattan Road.
Westchester avenue; and thence by viaduct over and
along Westchester avenue to the Southern Boulevard and
thence further to the north on the easterly branch of the
said rapid transit railroad ; and
WHEREAS., Heretofore and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of the said Rapid Transit Railroad in the
City of New York and otherwise, as therein mentioned,
the said contract being hereinafter styled the Contract for
Construction and Operation ; and
WHEREAS, The Contractor has deposited with the
Comptroller of the City certain security for the perform-
ance of the said Contract for Construction and Operation
on his part and has given certain bonds as further security
for such performance and upon such bonds there are sure-
ties as follows : Rapid Transit Subway Construction Com-
pany, The United States Fidelity & GuaVanty Company,
The City Trust, Safe Deposit & Surety Company of Phila-
delphia, American Surety Company of New York, Na-
tional Surety Company, and Perry Belmont; and
Connection With Manhattan Road. 447
, By written instrument bearing date the tenth
day of July, 1902, the Contractor, with the written consent
of the Board, concurred in by six members thereof, duly
assigned the right or obligation to maintain and operate
the said Rapid Transit Railroad for the term of years
specified in the said contract and all rights included in
the leasing provisions of the said contract, together with
the obligation to provide equipment for the said railroad,
unto Interborough Rapid Transit Company, which Com-
pany also guaranteed the performance by the Contractor
of the provisions of his said contract not so assigned to
it; and
WHEREAS, It is in said Contract for Construction and
Operation provided that the said Board of Rapid Transit
Railroad Commissioners shall have the right to require
additional work to be done or additional materials to be
furnished or both, within the general purview of a rapid
transit railroad as therein described, the reasonable value
of which should be additionally paid to the Contractor;
and
WHEREAS, The Contractor desires, and the Board ap-
448 Connection With Manhattan Road.
proves, a modification of the Routes and General Plan for
the Rapid Transit Railroad referred to in the said Con-
tract for Construction and Operation as set forth in cer-
tain resolutions adopted by the Board on the i6th day of
July, 1903, a copy of which is hereto annexed, in order to
provide for an addition to the said Routes and General
Plan, as in said resolutions and herein described,
t in consideration of the prem-
ises, but subject to the consents hereinafter provided, it
is aCjreCb that the said Contract for Construction
and Operation and the Routes and General Plan there-
in contained be, and the same are hereby modified by
adding to the said Routes and General Plan the words
following, to wit :
"And also a branch or spur extending from the
"line of the route aforesaid on Westchester avenue
"at a point at or near the intersection of St. Ann's
"avenue and Westchester avenue and extending west-
"erly along Westchester avenue (being in addition
"to the tracks hereinbefore originally provided over
"and along such portion of Westchester avenue) to
"near Third avenue, and from Westchester avenue
"turning southerly into Third avenue to a point con-
"venient for connection with the railroad of the Man-
hattan Railway Company over Third avenue, to-
gether with proper connections by necessary and
Connection With Manhattan Road. 449
"suitable switches, tracks and otherwise, with the
"rapid transit railroad aforesaid at or near the inter-
jection of St. Ann's avenue and Westchester ave-
"nue aforesaid, and also together with proper con-
fections by necessary and suitable switches, tracks
"and otherwise with the said railroad of the Man-
hattan Railway Company upon Third avenue.
"The general plan of construction of the route
"hereby added shall be by elevated structure of the
"same character and to be constructed in the same
"manner as is hereinbefore provided for the elevated
"portion of the rapid transit railroad over and along
"Westchester avenue. There shall be at least two
"parallel tracks with the right at any time to add a
"third track in the discretion of the Board of Rapid
"Transit Railroad Commissioners. The said connec-
"tions, switches and tracks shall be so constructed
"as not to interfere with the convenience of running
"trains without change between the portion of the
"said rapid transit railroad over and along Westches-
"ter avenue and east of St. Ann's avenue and the
"portion of the said rapid transit railroad running
"from St. Ann's avenue westerly along Westchester
"avenue, and turning thence southwesterly towards
"and into East One Hundred and Forty-ninth street,
"and as to make convenient the running of trains
"without change between such portion of the said
"rapid transit railroad lying east of St. Ann's avenue
"and the said elevated railroad of the Manhattan
"Railway Company.
"In all other respects the provisions of the said
"general plan of construction adopted January I4th
"and February 4th, 1897, shall be applicable to the
"portion of the route hereby added."
Hnfc it 10 berety? further a$reefc that the
said contract be and the same shall hereafter be deemed
to be so modified as that the portion of the rapid transit
45 Connection With Manhattan Road.
railroad added by the modification aforesaid of the Routes
and General Plan shall in all respects, except as herein
otherwise expressly provided, be deemed to be part of the
rapid transit railroad originally described in the said con-
tract hereby modified, Provided, however, that the fre-
quency of train service upon the said portion of the rapid
transit railroad so added by the said modification shall,
from time to time, be determined by the Board, Provided,
further, however, that the frequency of such service shall
in no case be required to be greater than is in said contract
provided for service upon the remainder of the said rapid
.transit railroad.
Hnfc it is berebp furtber aoreefc that
the reasonable value of constructing that portion of the
rapid transit railroad upon the said additional route and
including all of the said connections, switches, tracks and
all appurtenances of such addition to the said rapid tran-
sit railroad shall, be deemed a part of the cost of con-
structing said rapid transit railroad, and shall be ascer-
tained and determined and paid to the Contractor in the
manner provided in the contract for the construction and
operation of said rapid transit railroad in addition to the
Connection With Manhattan Road. 451
amounts in said contract originally agreed to be paid unto
said Contractor, and that such additional amounts so paid.
together with all sums which the City shall be required to
pay for right of way or any other easements or rights nec-
essary to be purchased, condemned or otherwise acquired
for the construction or operation of the said portion of
railroad added by the modification aforesaid, shall be in-
cluded in the total cost of the construction of the said
railroad in determining the amount of rental to be paid
under said contract in like manner as if said additional
route had been originally authorized therein.
however, and it is expressly AGREED,
That this agreement shall take effect if and when and
only when the following consents shall have been duly
had, to wit:
The consents as subjoined of Rapid Transit Subway
Construction Company. The United States Fidelity &
Guaranty Company, The City Trust, Safe Deposit &
Surety Company of Philadelphia, American Surety Com-
pany of New York, National Security Company, and Perry
Behnont; and
452 Connection With Manhattan Road.
jprOVifrCb, further, however, and it is expressly
agreed, that this agreement shall take effect if and when,
and only when, in addition to the consents aforesaid, there
shall be duly executed and delivered in form satisfactory
to the Board an agreement under seal between the City,
the said John B. McDonald, the said Interborough Rapid
Transit Company and the Manhattan Railway Companv
providing and assuring that, during the period of the
lease contained in the said contract between the City and
John B. McDonald made on or about the 2ist day of
February, 1900, and every renewal or extension thereof,
any passenger upon the said rapid transit railroad travel-
ing along Westchester avenue from the north as far as
St. Ann's avenue, shall have the right as part of the same
trip and- without additional fare, to be carried thence upon
the portions of the rapid transit railroad hereby added to
the railroad of the Manhattan Railway Company along
Third avenue, and thence southerly upon the railroad of
the Manhattan Railway Company to any point upon the
said railroad south of the intersection of the said Third
avenue and Westchester avenue, and that any passenger
Connection With Manhattan Road. 453
upon the said railroad of the Manhattan Railway Com-
pany traveling northerly along said Third avenue: as far
as Westchester avenue, shall have the right, as part of the
same trip and without additional fare, to be carried east-
erly upon the portion of the rapid transit railroad hereby
added along Westchester avenue to St. Ann's avenue,
and thence continuing easterly or northerly to any point
upon the eastern branch of the rapid transit railroad as
described in the said Routes and General Plan ; and
t further, however, and it is expressly
agreed, that this agreement shall take effect if and when,
and only when, the following consents shall have been
duly given to the said resolutions adopted by the Board
on the i6th day of July, 1903, a copy of which is hereto
annexed, providing for the said addition to said Routes
and General Plan ; the consent of the Board of Aldermen
of the City of New York ; the consent of the Mayor of the
City of New York; and the consent of the owners of a
majority in value of the property along such streets or
such portions of streets as are included in the portion of
the route added as aforesaid, or if such last mentioned
454 Connection With Manhattan Road.
consent cannot be obtained, then in lieu thereof, the de-
termination of three commissioners to be appointed by the
Appellate Division of the Supreme Court duly confirmed
by the said Appellate Division.
The plan hereto annexed entitled "Board of Rapid
Transit Railroad Commissioners for the City of New
York; Routes and General Plan adopted by resolution
July 16, 1903," is intended to illustrate and show in gen-
eral the addition to and modification of the said original
Routes and General Plan as hereby proposed.
Hit Witne00 WbCrCOf, This contract has been
executed for the City of New York, by its Board of
Rapid Transit Railroad Commissioners, under and by a
resolution duly adopted by said Board, concurred in by
more than six of its members, and the seal of the said
Board has been hereto affixed and these presents signed
by the President and Secretary of the said Board, and the
said John B. McDonald has hereto set his hand and seal
and the said Interborough Rapid Transit Company has
caused its corporate seal to be hereto affixed and attested
Connection With Manhattan Road. 455
by its secretary, and these presents to be signed by its
president, all the day and year first above written.
BOARD OF RAPID TRANSIT R. R. COMMIS-
SIONERS FOR THE CITY OF NEW YORK,
By A. E. ORR,
PRESIDENT.
BION L. BURROWS,
SECRETARY.
[SEAL.]
JOHN B. MCDONALD,
[SEAL.]
INTERBOROUGH RAPID TRANSIT CO.
AUGUST BELMONT,
PRESIDENT.
[SEAL.]
ATTEST :
H. M. FISHER,
SEC. pro tern,
456 Connection With Manhattan Road.
STATE OF NEW YORK,
ss '
COUNTY OF NEW YORK, r
On this first day of October, 1903, at the City of New
York, in said County, before me personally appeared Alex-
ander E. Orr and Bion L. Burrows, to me known and
known to me to be, the said Alexander E. Orr, the presi-
dent, and the said Bion L. Burrows, the secretary of the
Board of Rapid Transit Railroad Commissioners for the
City of New York ; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose and
say, each for himself and not one for the other, the said
Alexander E. Orr, that he resided in the Borough of
Brooklyn, in the said City, that he was the president of
the said Board, and that he subscribed his name to the
foregoing contract by virtue of the authority thereof ; and
the said Bion L. Burrows, that he resided in the Borough
of Brooklyn, in the said City of New York, that he was
the secretary of the said Board, and that he subscribed his
name thereto by like authority; and both the said Alex-
ander E. Orr and Bion L. Burrows that they knew the
Connection With Manhattan Road. 457
seal of the said Board and that the same was affixed to
the foregoing instrument by the authority of the said
Board and of a resolution duly adopted by the same.
H. A. D. HOLLMANN,
[NOTARIAL] NOTARY PUBLIC FOR
[ SEAL. ] Kings County, N. Y.
Certificate filed in New York Count v.
STATE OF NEW YORK, )
> ss *
COUNTY OF NEW YORK, j "
On this 23d day of September, 1903, before me person-
ally appeared John B. McDonald, to me known and known
to me to be the individual described in and who executed
the foregoing contract, and he acknowledged to me that
he executed the same.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
458 Connection With Manhattan Road.
STATE OF NEW YORK,
ss *
COUNTY OF NEW YORK,
On this 28th day of September, 1903, before me person-
ally appeared August Belmont, to me known, who being
by me first duly sworn, did depose and say, that he resided
in the County of Nassau, in the State of New York ; that
he is President of Interborough Rapid Transit Company,
the corporation described in and which executed the fore-
going contract ; that he knew the corporate seal of said
Company; that one of the seals affixed to said contract
was such corporate seal ; that it was affixed thereto by or-
der of the Board of Directors of said Company, and that
he signed his name thereto by like authority.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
Connection With Manhattan Road. 459
ZTbC "\Hnber0ignet), being the sureties of John B.
McDonald, the Contractor above mentioned, upon the con-
tinuing bond in the penalty of One million dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of Five million dollars ($5,000,000)
hereby consent to the making of the foregoing instrument.
Dated New York, September 23d, 1903.
RAPID TRANSIT SUBWAY
CONSTRUCTION CO.,
By AUGUST BELMONT,
PRESIDENT.
[SEAL.]
AMERICAN SURETY COMPANY
OF NEW YORK,
DAVID B. SICKLES,
VICE-PRESIDENT.
HENRY TAFTS,
ASSISTANT SECRETARY.
[SEAL.]
THE UNITED STATES FIDELITY
AND GUARANTY COMPANY,
By SYLVESTER J. O'SULLIVAN,
MANAGER.
ATTEST:
G. TERRY SINCLAIR,
ATTORNEY IN FACT.
[SEAL.]
PERRY BELMONT.
[SEAL.]
460 Connection With Manhattan Road.
THE CITY TRUST, SAFE DEPOSIT AND
SURETY COMPANY OF PHILADELPHIA,
i6g Broadway, N. Y.
A. T. KIERNAN,
VICE-PRESIDENT.
P. H. MOONEY,
ASST. SECRETARY.
(SEAL.]
NATIONAL SURETY COMPANY,
By CHAS. A. DEAN,
PRESIDENT.
ATTEST :
BALLARD McCALL,
SECRETARY.
[SEAL.]
STATE OF NEW YORK, )
COUNTY OF NEW YORK, j "
On this 28th day of September, 1903, before me per-
sonally appeared Perry Belmont, to me known and known
to me to be the individual described in and who executed
the foregoing consent, and he acknowledged to me that he
executed the same.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC
[ SEAL. ] N. Y. Co.
Connection With Manhattan Road. 461
\
STATE OF NEW YORK. )
> ss
COUNTY OF NEW YORK, j
On the 28th day of September, 1903, before me person-
ally appeared Sylvester J. O' Sullivan, to me known, who
being by me first duly sworn, did depose and say that he
was the Manager of the United States Fidelity & Guaran-
ty Company, the corporation of that name described in
and which executed the foregoing consent; that he knew
the corporate seal of said company ; that one of the seals
affixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such
company, and that he signed his name thereto by like au-
thority. And also on the 2Qth day of September, 1903,
before me personally appeared Adrian T. Kiernan, to me
known, who being by me first duly sworn, did depose and
say that he was the Vice-President of The City Trust,
Safe Deposit and Surety Company of Philadelphia, the
corporation of that name described in and which executed
the foregoing consent ; that he knew the corporate seal of
said company ; that one of the seals affixed to said consent
was such corporate seal ; that it was affixed thereto by or-
462 Connection With Manhattan Road.
der of th Board of Directors of said company, and that
he signed his name thereto by like authority. And also,
on the 28th day of September, 1903, before me personally
appeared David B. Sickles, to me known, who being by me
first duly sworn, did depose and say that he was the Vice-
President of American Surety Company of New York,
the corporation of that name described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company ; that one of the seals affixed to said
consent was such corporate seal ; that it was affixed there-
to by order of the Board of Directors of such company,
and that he signed his name thereto by like authority.
And also, on the 2Qth day of September, 1903, before me
personally appeared Charles A. Dean, to me known, who
being by me first duly sworn, did depose and say that he
was the President of National Surety Company of New
York, the corporation of that name described in and which
executed the foregoing consent ; that he knew the cor-
porate seal of said company ; that one of the seals affixed
to said consent was such corporate seal ; that it was affixed
Connection With Manhattan Road. 463
thereto by order of the Board of Directors of such com-
pany, and that he signed his name thereto by like author-
ity. And also on the 28th day of September, 1903, before
me personally appeared August Belmont, to me known,
who being by me first duly sworn, did depose and say that
he was the President of Rapid Transit Subway Construc-
tion Company, the corporation of that name described in
and which executed the foregoing consent ; that he knew
the corporate seal of said company ; that one of the seals
affixed to said consent was such corporate seal ; that it was
affixed thereto by order of the Board of Directors of such
company, and that he signed his name thereto by like au-
thority.
A. W. ANDREWS (39),
[NOTARIAL] NOTARY PUBLIC,
[ SEAL. ] N. Y. Co.
464 Connection With Manhattan Road.
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED
AS TO FORM.
Dated New York, September i8th, 1903.
G. L. RIVES,
CORPORATION COUNSEL.
Connection With Manhattan Road. 465
Copy Resolution of 16th July, 19O3.
WHEREAS, This Board did, on the I4th day of January,
1897, and 4th day of February, 1897, adopt certain Routes
and General Plan for a rapid transit railroad in the City
of New York, a copy of which is hereto annexed entitled
"Copy Routes and General Plan" ; and
WHEREAS, The said Routes and General Plan were
afterward duly approved by the municipal authorities of
the City of New York, and were duly consented to by com-
missioners appointed by the Appellate Division of the
Supreme Court, which consent was duly confirmed by the
said Appellate Division, in lieu of the consent of the own-
ers of a majority in value of the property along said
routes ; and
WHEREAS, thereafter, and on or about the 2ist day of
February, 1900, the City of New York did by this Board
enter into a certain contract with John B. McDonald for
the construction and operation of the said rapid transit
railroad ; and
WHEREAS, By written instrument bearing date the loth
day of July, 1902, the said John B. McDonald, with the
written consent of this Board, concurred in by six mem-
bers thereof, duly assigned the right or obligation to main-
tain and operate the said rapid transit railroad for the
term of years specified in the said contract and all rights
included in the leasing provisions of the said contract,
together with the obligation to provide equipment for the
said railroad, unto Interborough Rapid Transit Company,
which company also guaranteed the performance by the
said John B. McDonald as such contractor, of the pro-
visions of his said contract not so assigned to it ; and
WHEREAS, It is the interest of the City of New York,
and, in the opinion of the said John B. McDonald, it is
likewise in his interest as such contractor, and he desires
that said Routes and General Plan shall be changed in the
respect hereinafter mentioned, but without other change
in the said Routes and General Plan ; now therefore, it is
RESOLVED, That, subject to the consents and approvals
to be first obtained as in these resolutions hereinafter men-
tioned, the said Routes and General Plan heretofore adopt-
466 Connection With Manhattan Road.
ed by this Board be, and they hereby are, modified by add-
ing to the said routes the following, to wit :
And also a branch or spur extending from the line of the
route aforesaid on Westchester avenue at a point at or
near the intersection of St. Ann's avenue and Westchester
avenue and extending westerly 'along Westchester avenue
(being in addition to the tracks hereinbefore originally
provided over and along such portion of Westchester ave-
nue) to near Third avenue and from Westchester avenue
turning southerly into Third avenue to a point convenient
for connection with the railroad of the Manhattan Rail-
way Company over Third avenue, together with proper
connections by necessary and suitable switches, tracks and
otherwise, with the rapid transit railroad aforesaid at or
near the intersection of St. Ann's avenue and Westchester
avenue aforesaid, and also together wkh proper connec-
tions by necessary and suitable switches, tracks and other-
wise with the said railroad of the Manhattan Railway
Company upon Third avenue.
The general plan of construction of the portion of the
route hereby added shall be by elevated structure of the
same character and to be constructed in the same manner
as is hereinbefore provided for the elevated portion of the
rapid transit railroad over and along Westchester avenue.
There shall be at least two parallel tracks with the right
at any time to add a third track in the discretion of the
Board of Rapid Transit Railroad Commissioners. The
said connections, switches and tracks shall be so construct-
ed as not to interfere with the convenience of running of
trains without change between the portion of the said rapid
transit railroad over and along Westchester avenue and
east of St. Ann's avenue, and the portion of the said rapid
transit railroad running from St. Ann's avenue westerly
along Westchester avenue and turning thence southwes-
terly towards and into East One Hundred and Forty-
ninth street, and as to make convenient the running of
trains without change between such portion of the said
rapid transit railroad lying east of St. Ann's avenue and
the said elevated railroad of the Manhattan Railway Com-
pany.
Connection With Manhattan Road. 467
In all other respects the provisions of the said general
plan of construction adopted January I4th and February
4th, 1897, shall be applicable to the portion of the route
hereby added ; and it is further
, that, Whereas this Board has duly made the
inquiries and investigation necessary or proper in the
premises, and has determined that the modification afore-
said of the said Routes and General Plan are necessary for
the interests of the public and of the City of New York
and should be established as herein provided, this Board
does hereby determine and establish the said Routes and
General Plan as hereby modified, subject to the consents
and approvals to be first obtained as hereinafter men-
tioned; and it is further
That the said modifications of Routes and
General Plans shall take effect only upon and after the fol-
lowing consents and approvals thereto shall be duly had,
to wit:
1. The consent of the Board of Aldermen of The City
of New York.
2. The consent of the Mayor of The City of New York.
3. The consent of the owners of a majority in value of
the property along streets or such portions of streets as are
included in the portion of the routes added as aforesaid ;
or, if such consents cannot be obtained, then, in lieu there-
of, the determination of three commissioners to be ap-
pointed by the Appellate Division of the Supreme Court,
duly confirmed by the said Appellate Division.
4. The consent of the said John B. McDonald, contrac-
tor, and of his sureties, as follows : Rapid Transit Subwav
Construction Company; The United States Fidelity and
Guaranty Company; The City Trust, Safe Deposit and
Surety Company of Philadelphia ; American Surety Com-
pany of New York ; National Surety Company and Perry
Belmont.
It is further Resolved, That this Board hereby adopts
the drawing now produced and entitled "Board of Rapid
468 Connection With Manhattan Road.
Transit Railroad Commissioners for the City of New
York, Routes and General Plan adopted by resolution,
July 16, 1903," as showing in general the additions to and
modifications of the original Routes and General Plan
hereby adopted, numbered one as showing the modifica-
tions or extension hereby adopted.
[Drawing attached to original agreements.]
The City of New York
By its Rapid Transit Board.
WITH
John B. HcDonald,
Contractor,
and
Interborough Rapid Transit
Company.
AQREEflENT
Modifying Contract for Construction and
Operation of Rapid Transit Railroad.
CONTINUING BOND.
Dated, November 24th, 1903.
Continuing Bond. 473
made this 24th day of November, in
the year Nineteen hundred and three, between THE CITY
OF NEW YORK (hereinafter called the City), acting by the
Board of Rapid Transit Railroad Commissioners for the
City of New York (hereinafter called the Board), partv
of the first part, and JOHN B. MCDONALD, of The City of
New York (hereinafter called the Contractor), and IN-
TERBOROUGH RAPID TRANSIT COMPANY (hereinafter called
the Interborough Company), parties of the second part,
WlTNESSETH :
WHEREAS, Heretofore and on or about the 2ist day of
February, 1900, the City, acting by the Board, entered
into a contract with the Contractor for the construction
and operation of the Rapid Transit Railroad in the City of
New York and otherwise, as therein mentioned, the said
contract being hereinafter styled the Contract for Con-
struction and Operation ; and
WHEREAS, On or about the 2ist day of February, 1900,
and immediately after the execution of the Contract for
Construction and Operation, the City, acting by the Board,
474 Continuing Bond,
entered into a contract with the Contractor modifying the
said Contract for Construction and Operation, the said
modifying contract being hereinafter styled the Agree-
ment for Modification of Contract ; and
WHEREAS, Upon entering into said Contract for Con-
struction and Operation and said Agreement for Modifica-
tion of Contract, the Contractor gave a bond to the City
for the performance of the said Contract for Construction
and Operation, with Perry Belmont as surety thereon,
known as the Continuing Bond, and caused to be deposited
with the City as collateral security therefor certain secur-
ities of the value of more than One million dollars
($1,000,000) ; and
WHEREAS, The Contractor, upon entering into said
Contract and the said Agreement, deposited with the
Comptroller of the City certain other security for the per-
formance of the said Contract for Construction and Oper-
ation, on his part, and gave a certain other bond as further
security for such performance, and upon such bond there
are sureties as follows : Rapid Transit Subway Construe-
Continuing Bond. 475
tion Company, The United States Fidelity & Guaranty
Company, The City Trust, Safe Deposit & Surety Com-
pany of Philadelphia, American Surety Company of New
York, and National Surety Company ; and
WHEREAS, By written instrument bearing date the tenth
day of July, 1902, the Contractor, with the written consent
of the Board, concurred in by six members thereof, duly
assigned the right or obligation to maintain and operate
the said Rapid Transit Railroad for the term of years
specified in the said contract and all rights included in the
leasing provisions of the said contract, together with the
obligation to provide equipment for the said railroad, unt j
Interborough Rapid Transit Company, which Company
also guaranteed the performance by the Contractor of the
provisions of his said contract not so assigned to it ; and
WHEREAS, The Contractor and Perry Belmont, the
surety upon said Continuing Bond, desire, and the Board
approves, a modification of the said Contract for Con-
struction and Operation ;
476 Continuing Bond.
1ROVP, tbCrCfOtC, in consideration of the pre-
mises, but subject to the consents hereinafter provided, it
is ftQtCCfr that the said Contract for Construction and
Operation, and the said Agreement for Modification of
Contract, be, and the same hereby are, modified so as to
provide that upon the receipt by the City, acting by the
Board, from the Contractor and the Interborough Com-
pany of the bond or deposit of cash or securities as here-
inafter mentioned, it may consent to the surrender and
cancellation of the said Continuing Bond originally given
as aforesaid, with Perry Belmont as surety thereon, and
also to the surrender to the Contractor and to the Inter-
borough Company of securities amounting in value to at
least One million dollars ($1,000,000) deposited as afore-
said, Provided, however, and it is expressly agreed that
this agreement shall take effect when, and only when the
Contractor and the Interborough Company shall give to
the City in lieu of the said Continuing Bond so to be can-
celled a bond in amount at least One million dollars
($1,000,000), upon which the said Contractor and the In-
terborough Company shall be principals, with sureties ap-
Continuing Bond. 477
proved by the Board. Said bond shall be a continuing
security and shall provide for the prompt payment by the
said Contractor or the said Interborough Company of the
amount of the annual rental specified in the Contract for
Construction and Operation and also for the faithful per-
formance by said Contractor and Interborough Company
of all the conditions, covenants and requirements specified
and provided for in said contract. The said bond shall,
except as to names of the sureties, be substantially in the
form hereto annexed entitled "Form of Bond." In lieu
of said bond the said Contractor or the Interborough
Company may, upon the approval of the Board, deposit
with the Comptroller of the City cash equal in amount to
the entire amount of the said bond or securities which are
lawful for the investment of the funds of savings banks
within this State and are worth not less than the entire
amount of said bond.
Hnfc it is furtber afreet), that the said con-
tract for Construction and Operation and the said Agree-
ment for Modification of Contract be and the same hereby
are modified so as to provide that the Board may, in case
47 8 Continuing Bond.
any of the sureties upon the said bond so to be given or
upon any bond to be given in lieu thereof as hereinafter
provided shall become insolvent or unable in the opinion
of the Board promptly to pay the amount of such bond to
the extent of which such surety might be liable, then the
Contractor or the said Interborough Company within thir-
ty days after notice by the Board to the Contractor or said
Interborough Company shall, by supplemental bond or
otherwise, substitute another and sufficient surety in place
of the surety so insolvent or unable. If the Contractor or
said Interborough Company shall fail within such thirty
days or such further time as the Board may grant to so
substitute another and sufficient surety, then the Contrac-
tor or the Interborough Company shall be deemed for ail
the purposes of the Contract for Construction and Opera-
tion and its modifications to be in default in the perform-
ance of his or its obligations thereunder and the Board
may terminate the said Contract or may bring any proper
suit or proceeding against the Contractor or the said Inter-
borough Company or any of their sureties or either of
Continuing Bond. 479
them, or may require to be deducted from any moneys
then in or thereafter coming into the hands of the City
and due to the Contractor or the said Interborough Com-
pany the amount for which the surety insolvent or unable
as aforesaid shall have justified on said bond; and the
moneys so deducted shall be held by the Comptroller as
collateral security for the performance of the conditions
of the said bond.
Hnfc it 10 further a$reeb, that the said con-
tract for Construction and Operation and the said Agree-
ment for Modification of Contract be and they hereby are
modified so as to provide that the Board may, at the re-
quest of the Contractor or the Interborough Company and
as allowed by law, substitute for any continuing bond or
deposit given or made by the Contractor or the Jnterbor-
ough Company another bond or deposit to be approved by
the Board, which said bond or deposit shall continue in
lieu of said former bond or deposit, PROVIDED,, HOWEVER,
AND IT is EXPRESSLY AGREED that this agreement shall
take effect when, and only when, the following consents
480 Continuing Bond.
hereto shall be duly had, to wit: The consents, as sub-
joined, of Rapid Transit Subway Construction Company,
The United States Fidelity & Guaranty Company, The
City Trust, Safe Deposit & Surety Company of Philadel-
phia, American Surety Company of New York, National
Surety Company and Perry Belmont.
fln Witne00 WbCrCOf, This contract has been
executed for the City of New York by its Board of Rapid
Transit Railroad Commissioners, under and by resolution
duly adopted by said Board, concurred in by more than
six of its members, and the seal of the said Board has
been hereto affixed and these presents signed by the Presi-
dent and Secretary of the said Board, and the said John
B. McDonald has hereto set his hand and seal, and the
said Interborough Rapid Transit Company has caused its
corporate seal to be hereto affixed and attested by its Sec-
retary and these presents to be signed by its President, all
the day and year first above written.
JOHN B. MCDONALD,
[SEAL.]
Continuing Bond, 481
INTERBOROUGH RAPID TRANSIT CO.,
AUGUST BELMONT,
PRESIDENT.
[SEAL.]
ATTEST :
JOHN T. BUCK,
TREAS.
BOARD OF RAPID TRANSIT RAILROAD COM-
MISSIONERS FOR THE CITY OF NEW
YORK,
By A. E. ORR,
PRESIDENT.
[SEAL.]
BION L. BURROWS.
Approval by Comptroller.
THE FOREGOING CONTRACT is HEREBY APPROVED.
Dated, New York, December 31, 1903.
EDWARD M. GROUT,
COMPTROLLER.
Approval by Corporation Counsel.
THE FOREGOING CONTRACT is HEREBY APPROVED
AS TO FORM.
Dated, New York, December /th, 1903.
G. L. RIVES,
CORPORATION COUNSEL.
482 Continuing Bond.
STATE OF NEW YORK,
SS. '.
COUNTY OF NEW YORK,
On this 7th day of January, 1904, at the City of Ne\v
York, in said County, before me personally appeared
Alexander E. Orr and Bion L. Burrows, to me known and
known to me to be, the said Alexander E. Orr, the presi-
dent, and the said Bion L. Burrows, the secretary of the
Board of Rapid Transit Railroad Commissioners for the
City of New York; and the said Alexander E. Orr and
Bion L. Burrows, being by me duly sworn, did depose and
say, each for himself and not one for the other, the said
Alexander E. Orr, that he resided in the Borough of
Brooklyn, in the said City, that he was the president of
the said Board and that he subscribed his name to the
foregoing contract by virtue of the authority thereof ; and
the said Bion L. Burrows, that he resided in the Borough
of Brooklyn, in the said City of New York, that he was
the secretary of the said Board, and that he subscribed his
name thereto by like authority ; and both the said Alexan-
der E. Orr and Bion L. Burrows that they knew the seal
of the said Board and that the same was affixed to the
Continuing Bond. 483
foregoing instrument by the authority of the said Board
and of a resolution duly adopted by the same.
[SEAL.] H. A. D. HOLLMANN,
NOTARY PUBLIC FOR KINGS COUNTY, N. Y.
Certificate filed New York County.
STATE OF NEW YORK. 1
I gg
COUNTY OF NEW YORK, j
On this 1 4th day of December, 1903, before me person-
ally appeared John B. McDonald, to me known and known
to me to be the person and Contractor named in and who
executed the foregoing contract, and acknowledged lo
me that he executed the same.
A.W.ANDREWS (39),
[SEAL.] NOTARY PUBLIC,
N. Y. Co.
484 Continuing Bond.
STATE OF NEW YORK,
ss '
COUNTY OF NEW YORK, '
On this I4th day of December, 1903, before me per-
sonally appeared August Belmont, to me known, who be-
ing by me first duly sworn, did depose and say, that he re-
sided in the County of Nassau, in the State of New York,
that he is President of Interborough Rapid Transit Com-
pany, the corporation described in and which executed
the foregoing contract ; that he knew the corporate seal
of said Company ; that one of the seals affixed to said con-
tract was such corporate seal ; that it was affixed thereto
by order of the Board of Directors of said Company, and
that he signed his name thereto by like authority.
A. W. ANDREWS,
[SEAL.] NOTARY PUBLIC,
N. Y. Co.
Continuing Bond. 485
being the sureties of John B.
McDonald, the Contractor above mentioned, upon the
continuing bond in the penalty of One 'million dollars
($1,000,000) and the bond for construction and equip-
ment in the penalty of Five million dollars ($5,000,000)
hereby consent to the making of the foregoing instrument.
Dated New York, December I4th, 1903.
RAPID TRANSIT SUBWAY CONSTRUCTION CO.,
By AUGUST BELMONT,
PRESIDENT.
[SEAL.]
THE UNITED STATES FIDELITY &
GUARANTY COMPANY,
By JOHN R. BLAND,
PRESIDENT.
[SEAL.]
ATTEST :
GEO. R. CALLIS,
SECRETARY.
AMERICAN SURETY COMPANY OF NEW YORK,
By WALTER S. JOHNSON,
VICE-PRESIDENT.
[SEAL.]
R. R. BROWN,
ASST. SECRETARY.
PERRY BELMONT. [SEAL.]
486 Continuing B *.
NATIONAL SURETY COMP^ T Y,
By Clj .iS. A. DEAN,
PRESIDENT.
[SEAL.]
ATTEST :
BALLARD McCALt,
SECRETARY.
THE CITY TRUST, SAFE DEPOSIT AND SURE-
TY COMPANY QF PHILADELPHIA,
100 Broadway, N. Y.
A. T. KIERNAN,
VICE-PRESIDENT.
[SEAL.]
P. H. MOONEY,
ASST. SECRETARY.
Co tuing Bond. 487
STATE OF NEW YORK '
ss '
COUNTY OF NEW YORK, (
On this 22nd day of December, 1903, before me per-
sonally appeared Perry Belmont, to me known and known
to me to be the individual described in and who executed
the foregoing consent, and he acknowledged to me that
he executed the same.
A. W. ANDREWS,
[SEAL.] NOTARY PUBLIC (39),
N. Y. Co.
STATE OF NEW YORK, )
> ss *
COUNTY OF NEW YORK, j v
On the nth day of December, 1903, before me person-
ally appeared John R. Bland, to me known, who being by
me first duly sworn, did depose and say that he 'was the
President of the United States Fidelity & Guaranty Com-
pany, one of the corporations described in and which exe-
cuted the foregoing consent; that he knew the corporate
seal of said company ; that one of the seals affixed to said
consent was such corporate seal ; that it was affixed there-
488 Continuing Bond.
to by order of the Board of Directors of such company,
and that he signed his name thereto by like authority.
And also on the 29th day of December, 1903, before me
personally appeared Adrian T. Kiernan, to me known,
who being by me first duly sworn, did depose and say
that he was the Vice-President of The City Trust, Safe
Deposit and Surety Company of Philadelphia, one of the
corporations described in and which executed the forego-
ing consent ; that he knew the corporate seal of said com-
pany ; that one of the seals affixed to said consent was such
corporate seal ; that it was affixed thereto by order of the
Board of Directors of such company, and that he signed
his name thereto by like authority. And also, on the ipth
day of December, 1903, before me personally appeared
Walter S. Johnston, to me known, who being by me first
duly sworn, did depose and say that he was the Vice-
President of the American Surety Company of New York,
one of the corporations described in and which executed
the foregoing consent ; that he knew the corporate seal of
said company ; that one of the seals affixed to said consent
was such corporate seal ; that it was affixed thereto by or-
Continuing Bond. 489
der of the Board of Directors of such company, and that
he signed his name thereto by like authority. And also,
on the 25th day of December, 1903, before me personally
appeared Charles A. Dean, to me known, who being by
me first duly sworn, did depose and say that he was the
President of National Surety Company of New York, one
of the corporations described in and which executed the
foregoing consent ; that he knew the corporate seal of said
company ; that one of the seals affixed to said consent was
such corporate seal ; that it was affixed thereto by order of
the Board of Directors of such company, and that he
signed his name thereto by like authority. And also on
the I4th day of December, 1903, before me personally ap-
peared August Belmont, to me known, who being by me
first duly sworn, did depose and say that he was the Presi-
dent of Rapid Transit Subway Construction Company,
one of the corporations described in and which executed
the foregoing consent ; that he knew the corporate seal of
said company ; that one of the seals affixed to said consent
was such corporate seal ; that it was affixed thereto by
49 Continuing Bond.
order of the Board of Directors of such company, and that
he signed his name thereto by like authority.
A. W. ANDREWS,
[SEAL.] NOTARY PUBLIC,
N. Y. Co.
Continuing Bond. 491
Form of Bond
KNOW ALL MEN BY THESE PRESENTS, That JOHN B.
MCDONALD and INTERBOROUGH RAPID TRANSIT COMPANY
[hereinafter called Interborough Company] (the said John
B. McDonald and Interborough Company being herein-
after called the Principals) and the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND and UNITED STATES FIDELITY
AND GUARANTY COMPANY, both corporations of the State
of Maryland, carrying on business in the State of New
York, and having their respective offices and usual places
of business at No. 35 Wall Street and 66 Liberty street,
in the City of New York [hereinafter called the Sureties],
are held and firmly bound unto the CITY OF NEW YORK
[hereinafter called the City] in the penal sum of One
Million Dollars ($1,000,000), lawful money of the United
States of America, to be paid to the City, for which pay-
ment well and truly to be made the said John B. McDon-
ald binds himself, his executors, administrators and as-
signs and Interborough Company binds itself and its suc-
cessors, and the said Sureties bind themselves, their suc-
cessors and assigns, jointly and severally, firmly by these
presents, as follows :
The said Principals to be so held and bound in the full
amount of the said One million dollars ($1,000,000), and
each of the said Sureties to be so held and bound, and
bound only in the sum of Five hundred thousand dollars
($500,000).
IN WITNESS WHEREOF, John B. McDonald has hereto
set his hand and seal and Interborough Company and the
Sureties have caused these presents to be duly executed
by their respective officers thereunto duly authorized and
their respective corporate seals to be hereunto affixed this
7th day of January, in the year of our Lord one thousand
nine hundred and four (1904).
WHEREAS, The City, by its Board of Rapid Transit Rail-
road Commissioners (hereinafter called the Board) here-
tofore entered into a contract with John B. McDonald,
bearing date the 2ist day of February, 1900, for the con-
struction and equipment, and after such construction and
equipment shall be complete, then for the lease and opera-
tion of the Rapid Transit Railroad in the City of New
492 Continuing Bond.
York, particularly described in said contract, which con-
tract was thereafter modified by certain amendatory and
supplemental agreements ; and
WHEREAS, upon entering into such contract the said
John B. McDonald gave a bond to the City, with Perry
Belmont as Surety thereon, known as the Continuing
Bond, and deposited with the City as collateral security
therefor certain securities of the value of more than One
million dollars ($1,000,000) ; and
WHEREAS, On the loth day of July, 1902, the said John
B. McDonald duly assigned to Interborough Company so
much of said contract as provided for the maintenance and
operation of the said Rapid Transit Railroad (including
the equipment thereof) , together with the right or obliga-
tion to maintain and operate the said road or roads in the
Rapid Transit Contract described for and during the re-
mainder of the term of years specified in such contract,
and all rights with respect to such maintenance and opera-
tion or included in the leasing provisions of such contract,
subject to all the terms and conditions therein stated, to-
gether with all obligations assumed by said McDonald in
and by the said Rapid Transit Contract with respect to the
equipment of said Railroad ; and
WHEREAS, By such assignment Interborough Company
assumed all the obligations whatsoever of the said Mc-
Donald in respect of the portions of the contract affected
by said assignment and agreed to carry out and perform
the same and also covenanted with the said City that the
said McDonald should fully perform all the obligations
and comply with all the provisions and terms of the said
contract which were not assigned to and assumed by In-
terborough Company, as above set forth ; and
WHEREAS, The said contract has been modified in writ-
ing from time to time in other respects with the consent of
both of the parties thereto and of the Surety upon said
Continuing Bond by the amendatory and supplemental
agreements above referred to ; and
WHEREAS, The said contract has been especially and by
agreement between the City, acting by the Board and the
said John B. McDonald and Interborough Rapid Transit
Company with the consent of Perry Belmont, dated the
Continuing Bond. 493
24th day of November, 1903, modified so as to provide
that the City by the Board may consent to the surrender
and cancellation of the said bond originally given as afore-
said with Perry Belmont as surety thereon, and may also
surrender to the Contractor and the Interborough Com-
pany the securities, amounting in value to at least One
million dollars ($1,000,000), deposited as aforesaid (but
such surrender to be made with the written consent of the
Rapid Transit Subway Construction Company, which
originally made the deposit as aforesaid) and to accept
this bond in lieu of such original bond and of such secur-
ities ; and
WHEREAS, The sureties on such Continuing Bond have
requested the City by this Board to surrender such orig-
inal bond and securities ; and
WHEREAS, The City, by the Board, has accordingly con-
sented to so surrender the said bond and securities
amounting in value to at least One million dollars
($1,000,000) deposited as aforesaid, and to accept this
bond in lieu of said bond and securities ; and
WHEREAS, Such consent has been given, and such sur-
render of securities will be made upon and only upon the
faith and security of this bond ;
Now, THEREFORE, the condition of this obligation is
such that if John B. McDonald and Interborough Com-
pany shall promptly pay the amount of the annual rental
specified in said contract and shall also faithfully perform
all the conditions, covenants and requirements therein and
in any modifications thereof, specified and provided, and
in case of default on the part of Interborough Company or
on the part of the said John B. McDonald, as provided in
Section 34 of the Rapid Transit Act, Interborough Com-
pany or said McDonald shall pay the amount of the defi-
ciency therein mentioned, then this obligation shall be null
and void, but else it shall remain in full force and virtue.
IT is EXPRESSLY AGREED between the City and the Sure-
ties and it is upon such agreement that the City accepts
this bond, that the Sureties will and do waive any and
every notice of default on the part of Interborough Com-
pany or of said McDonald ; that they will and do permit
the City to extend the time of Interborough Company or
494 Continuing Bond.
of said McDonald to make any payment or do any act;
that no omission on the part of the City to give any notice
or extension of time granted by or on behalf of the City
shall be availed of by the Sureties as a defense upon this
bond; that the Sureties shall not set up or have any de-
fense upon this bond by reason of any alteration of the said
contract, unless such alteration shall be represented by
formal written instrument, duly executed, between the
City and Interborough Company or said McDonald, as the
case may be, which shall have been duly authorized by :i
vote of the Board, and that in case of such alteration, how-
ever made, the same shall be a defense to the Sureties only
to the extent of the actual injury or damage caused to the
Sureties by said alteration.
IT is EXPRESSLY AGREED between the City and the Sure-
ties that the Sureties hereby assume all the obligations
prescribed for sureties upon bonds like this by Chapter 4
of the Laws of 1891 and the various acts amendatory
thereof (all such acts together being known as the "Rapid
Transit Act").
This bond shall be a continuing security to The City of
New York for the entire term of fifty (50) years after the
complete construction and equipment of the Rapid Transit
Railroad, as prescribed in the said contract and the several
modifications thereof, and the declaration of the Board
that the said Railroad and its equipment are so complete.
AND WHEREAS, The said John B. McDonald deposited
with the City the sum of One million dollars ($1,000,000)
in cash or securities approved by the Board as security for
the performance by the said McDonald of some of the acts
and things, the performance of which is secured hereby ;
and
WHKREAS, Contemporaneously with the delivery and
execution of the Rapid Transit Contract above referred to,
the said John B. McDonald also delivered to the City a
bond in the sum of Five million dollars ($5,000,000) as
further security for the performance by him of some of
the acts and things, the performance of which is secured
hereby ;
Now, THEREFORE, it is further expressly agreed be-
tween the City and the Sureties that the City shall be at
Continuing Bond. 495
liberty, in case of any default by the said John B. McDon-
ald, or by the Interborough Rapid Transit Company,
against whom this bond is given as security, to collect the
loss or damage to the City caused thereby either from the
Sureties on this bond or the sureties on such other bond or
bonds, or out of the said deposit, or out of all such secur-
ities as the City may elect.
INTERBOROUGH RAPID TRANSIT COMPANY,
By
ATTEST :
By
ATTEST :
By
ATTEST :
RAPID TRANSIT RAILWAY CONTRACT
INDEX
Chapters I and II
Agreement for Construction, Definition of 10
Agreement, Modifying, as to Security 227-252
Assignability. Contract not assignable without
written consent all members Board 27
Acceptance of work, Effect of 36
Arbitration on review of Engineer's determina-
tion 39
Abatement from price 43
Accidents, Indemnification for 60
Bergen Ave. (i49th St.) change 357-3^2
Board, Definition of 7
Bond for Construction and Equipment 15
Bond for Construction and Equipment final
form 213-217
Bond Continuing 16
Bond Continuing final form 473~495
Board, who successors to 27
Board, powers of to amplify plans, &c 35
Construction to be by sections 3
Construction to be made so as to meet require-
ments of lease 6
City, Definition of 7
Contractor, Definition of 7
Comptroller, Definition of 8
Construction, Definition of 10
Continuing Bond 16
Continuing Bond final form 473-495
Contract not assignable without written consent
whole Board 27
City's covenants with Contractor 24
City Hall Change, etc 281-293
II INDEX.
PAGE.
City Officials not to be interested in Contract .... 27
Co\ enants, City's with Contractor 24
Construction, Agreement for 3 I- 6j
Commencement and completion of work 44
Cost of sites 47
Cost of real estate for sites, &c 47
Claim against contractor, Money held for 53
Connection with "L" Road in The Bronx 445-468
Contractor's obligation make good damage to ad-
jacent property 59
Contractor's liability for damage to abutting prop-
erty 60
Contractor's Proposal form of 197-204
Divisions and Construction of the Contract 6
Definitions 6-1 1
Daily Newspaper, Definition of 1 1
Deposit of $1,000,000 cash, Conditions of; how
enforced 13
Deposits, Return of 15
Damage, Contractor's Liability for to Abutting
Property 60
Damage. Contractor admits plans involve none. 59
Default, Remedies on 18
Default to Construction. Right of City to com-
plete Contract on Contractor's Default 18
Default in Construction. Right of City make
new Contract 19
Default in Construction. Right to sue on Bond. . 20
Default in Rental. City's remedies 20
Engineer, Definition of 8
Equipment, Definition of 9
Equipment, Lien on 17
Equipment. When to proceed 51
Engineer, Approval of 37
Powers of 37
Engineer's determination, how reviewed 38
Engineer, Substitute for 61
Engineer's Decision on questions conclusive, when 63
Extra Work, Vouchers for 43
Excuses for Delay in Completion 45
INDEX.
PAGE.
Facilities to Board to be afforded by Contractor. . 26
Ft. George Change of Route .................. 257-277
Ft. Lee Ferry Connection ..................... 419-440
Inspection . . ............................... 37
Inspection, Contractor will facilitate ............ 61
Invitation to Contractors form of ............. 183-196
Labor Law, part of Contract Provisions of .... 28
Labor and Materials, Evidence that Contractor
has paid for ............................ 51
Lease, Definition of ......................... 10
Lenox Avenue Extension ..................... 387-415
Lien on Equipment ......................... 17
Lien on Equipment, Release from .............. 17
Lien on Equipment. How enforced ........ ... 22
Lien on Amounts payable Contractor. How dis-
charged ............................... 52
Material excavated property of Contractor ...... 60
Manhattan Road, Connection with ............. 445-468
Manner of completing work .................. 61
New York, Definition of ..................... 10
Notice, Definition of ........................ 1 1
Notice. How served ....................... 1 1
Names of Sub-contractors to be furnished Board . 59
Operation, Definition of ..................... 1 1
Payments for each Section .............. < ...... 5
Payments for Extra Work ................... 43
Payments. How made Contractor ............ 49
Price ...................................... 33
Price, abatement from ....................... 43
Penalty for Delay in Completion ............... 45
Plans and Contract Drawings ................. 56
Railroad, Definition of ...................... 8
Rapid Transit Statute, Definition of ............ 9
Rapid Transit Act incorporated in contract ...... 1 1
Rental, Definition of ........................ to
Rental, Remedies on default in ................ 20
Rental under the lease ....................... 6
Release from lien on equipment ............... 17
Remedies on default ........................ g
IV INDEX.
PAGE.
Routes and General Plan, incorporated in contract 25
Described 205-21 1
Real Estate for Stations, &c 47
Real Estate for terminal and railroad purposes,
how acquired 49
Sections to be constructed 3'3 2
Security by Contractor 12
Cash deposit of $1,000,000 12
" Bond for construction and equipment ... 15
" Continuing Bond 16
Siding and Broadway Terminal 297-310
Specifications and Contract Drawings, Intention
of 53
Specifications, not inclusive of all requirements . . 63
Supplementary Drawings 57
Sub-contractors' names to be furnished Board ... 59
Sewers and incidental work 62
Taxation Contractors' interest not taxable 26
Time of completion of Contract 44
Time of Completion Penalty for delay 44
Terminals, Sites of 45
Cost of 47
Typographical error, correcting 3 T 5'3 2 6
Traffic to be maintained on streets 59
Vouchers for payments 5
Work to be done under Contract 31
Work, Additional, &c 35
Specifications
Back filling 78
Brick Masonry 85
Cement 81
Concrete 83
Contractor's absence, orders how given 1 59
Cleaning up after work 1 59
Conveniences 160
Description of work 67
Drains and Pumps 94
Excavation 74
Equipment 157
INDEX. V
PAGE.
Fences 159
Grades and Lines 1 59
Iron and Steel 96
Lines and Grades 159
Mortar 82
Masonry, Brick 85
Masonry, Stone 87
Mains, Water 127
Maintenance of and interference with surface and
sub-surface structures 150
Materials and Workmanship 159
Material, condemned, how removed 161
Men, competent only employed 161
Men, Discharge of, on Notice from Engineer. . . . 161
Notice prior to construction 160
Ordinances and Regulations 160
Painting 102
Paving 132
Prosecution of Work, manner of 70
Piling and Timbering 78
Pumps and Drains 94
Stone Masonry 87
Steel and Iron <^6
Sewers no
Street railroad tracks, maintenance of and inter-
ference with 150
Sub-surface structures, maintenance of and inter-
ference with 1 50
Surface structures, maintenance of and interfer-
ence with 1 50
Stations 151
Sectional Construction 161
Timbering and Piling 78
Tunnelling 70,
Track I04
Terminals 156
Trade Combinations 161
Water proofing QO
Water mains 127
Work, imperfect 1
VI INDBX.
PAGE.
Work, damaged, how replaced 160
Chapter III. The Lease
Assignability of Lease 178
Assignment to Interborough Rapid Transit Co. ..331-353
Bond Continuing final form of 473~495
Character of railroad. Contractor's assurances . . 167
Condition, Contractor to keep railroad in good. . . 171
Cars to be lighted and heated 171
Default, City's powers on 177
Equipment, Schedules of, to be filed 174
Equipment to be kept in good order 175
Equipment, City's lien on 175
Freight may be carried on railroad 176
Fares 176
Inspection 173
Lease, The 162-179
Lease, City to buy Contractor's property at termi-
nation 177
Lease, how assignable 178
Motive Power 172
Net proceeds of operation 166
Possession, to be surrendered at end term 163
Profits, How determined 166
Power, Motive 172
Quarterly Statement of Proceeds of Operation. . .165-167
Rental, amount 163
Rental, when to begin 165
Rental, when payable 165
Return to Board of Annual Statement of Net Pro-
ceeds Operation 166
Repairs 169
Rolling Stock, Character of 173
Rolling stock to be adequate 174
Renewal of Lease 178
Standards of Railway Operation 168
Schedules of Equipment to be filed 174
Term 163
Trains to be run 168
Trains, Express 168
" Local . 168
INDEX. VII
PAGE.
Safety, Devices for 169
Termination of Lease, City to buy Contractor's
Property 177
Ventilation of Tunnels, &c 172
Waiting-rooms 172
CHANGES IN CONTRACT.
Changes of Route, Etc.
Bergen Ave. (i49th St.) change 357-382
Bond Continuing final form 473-495
Broadway Terminals 297-310
City Hall change 281-293
Fort George change 257-277
Fort Lee Ferry extension 419-440
Lenox Avenue extension 387-415
Assignment to Interborough Rapid Transit Co. .331-353
Connection with Manhattan Railroad in The
Bronx 445-468
Modifying Agreement as to Security 225-252
Correcting typographical error 315-326
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