TF 
 
 84-7 
 
 UC-NRLF 
 
 1915 
 

 Queensboro Subway 
 Storm Drain 
 
 PUBLIC SERVICE COMMISSION 
 FOR THE FIRST DISTRICT 
 
 INVITATION TO CONTRACTORS, INFORMATION 
 FOR CONTRACTORS AND FORMS OF 
 CONTRACT, BOND AND CON- 
 TRACTOR'S PROPOSAL 
 
 FOR 
 
 Construction of a Storm Drain for the 
 
 QUEENSBORO SUBWAY 
 RAPID TRANSIT RAILROAD 
 
 Form finally adopted by the Commission October 1, 1915, and filed on Com- 
 mencement of Advertisement of Invitation to Contractors. 
 
 L1573-500-Scpt. '15. (L. I.) 
 
PUBLIC SERVICE COMMISSION 
 FOR THE FIRST DISTRICT 
 
 INVITATION TO CONTRACTORS, INFORMATION 
 FOR CONTRACTORS AND FORMS OF 
 CONTRACT, BOND AND CON- 
 TRACTOR'S PROPOSAL 
 
 FOR 
 
 Construction of a Storm Drain for the 
 QUEENSBORO SUBWAY 
 
 RAPID TRANSIT RAILROAD 
 
 TRAVIS H. WHITNEY 
 
If/JT 
 
TABLE OF CONTENTS 
 
 INVITATION TO CONTRACTORS I 
 
 INFORMATION FOR CONTRACTORS Ill 
 
 CONTRACT 1 
 
 CHAPTER I GENERAL PROVISIONS AND DEFINITIONS 3 
 
 CHAPTER II WORK TO BE DONE, PRICES, ETC 8 
 
 CHAPTER III SPECIFICATIONS 20 
 
 CHAPTER IV SECURITY TO BE FURNISHED BY CON- 
 TRACTOR 68 
 
 CHAPTER V PAYMENTS TO CONTRACTOR 74 
 
 CHAPTER VI CONTRACTOR'S LIABILITY FOR IN- 
 JURIES TO PERSONS OR PROPERTY 79 
 
 CHAPTER VII CITY TO SECURE CONTRACTOR 
 
 AGAINST INTERFERENCE BY INJUNCTIONS, ETC. 82 
 
 CHAPTER VIII TIME FOR COMPLETION, DAMAGES 
 
 FOR DELAY, ETC 83 
 
 CHAPTER IX REMEDIES IN CASE OF CONTRACTOR'S 
 DEFAULT : 87 
 
 CHAPTER X MISCELLANEOUS PROVISIONS 90 
 
 FORM OF CONTRACTOR'S BOND 97 
 
 FORM OF CONTRACTOR'S PROPOSAL. . . 101 
 
 M259759 
 
INVITATION TO CONTRACTORS 
 
 STORM DRAIN FOR THE QUEENSBORO SUBWAY RAPID TRANSIT 
 
 RAILROAD 
 
 Sealed bids or proposals for the construction of a storm 
 drain for the Queensboro Subway Rapid Transit Railroad will 
 be received by the Public Service Commission for the First Dis- 
 trict (hereinafter called the "Commission") at the office of the 
 Commission at No. 154 Nassau Street, Borough of Manhattan, 
 New York City, until the 19th day of October, 1915, at twelve 
 fifteen (12:15) o'clock P. M., at which time and place or at a 
 later date to be fixed by the Commission, the proposals wilt be 
 publicly opened. 
 
 The said storm drain is to be a vitrified pipe drain with man- 
 holes and connections at intervals, extending under Queens 
 Boulevard, in the Borough of Queens, from the west abutment 
 of the Queensboro Subway Rapid Transit Railroad, between Hill 
 and Rawson Streets, to the east abutment of said railroad, be- 
 tween Carolin Street and Gosman Avenue. 
 
 The work to be done will include the care and support of 
 surface, subsurface and overhead structures, the maintenance 
 of traffic and the restoration of street surfaces. 
 
 The method of construction will be generally by open trench 
 excavation. 
 
 The contractor must complete the entire work within three 
 months from the delivery of the contract. 
 
 A fuller description of the work and other requirements, 
 provisions and specifications are given in the Information for 
 Contractors and in the form of contract, contract drawings, 
 bond and Contractor's Proposal, which are to be deemed a part 
 of this Invitation and copies of which may be inspected and 
 purchased at said office of the Commission. 
 
 i 
 
INVITATION TO CONTRACTORS 
 
 The receipt of bids will be subject to the requirements speci- 
 fied in said Information for Contractors. 
 
 New York, October 1, 1915. 
 
 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT 
 
 By EDWARD E. McCAix, Chairman 
 
 TRAVIS H. WHITNEY, Secretary 
 
INFORMATION FOR CONTRACTORS 
 
 STORM DRAIN FOR THE QUEENSBORO SUBWAY RAPID TRANSIT 
 
 RAILROAD 
 
 The Public Service Commission for the First District (here- 
 inafter called the "Commission"), acting for and on behalf of 
 The City of New York (hereinafter called the "City"), invites 
 proposals to construct a storm drain for the Queensboro Sub- 
 way Rapid Transit Railroad. 
 
 The points within the City between which the said storm 
 drain is to run and the route or routes to be followed are briefly 
 as follows : 
 
 Beginning under the west abutment of the Queensboro Sub- 
 way Rapid Transit Railroad in Queens Boulevard, in the Bor- 
 ough of Queens, between Hill and Rawson Streets, and ex- 
 tending thence easterly under Queens Boulevard to the east 
 abutment of said railroad between Carolin Street and Gosman 
 Avenue. 
 
 The general plan of construction calls for a vitrified pipe 
 drain with manholes and connections at intervals. 
 
 The work under the contract will include the care and sup- 
 port of vaults, sewers, pipes, railroads and other surface, sub- 
 surface and overhead structures, the maintenance of traffic and 
 the restoration of pavements and other surfaces. 
 
 The method of construction will be generally by open trench 
 excavation. 
 
 Bidders must examine the form of contract and the speci- 
 fications and contract drawings, must visit the location of the 
 work and inform themselves of the conditions along the line 
 of the work and make their own estimates of the facilities and 
 difficulties attending the execution of the work. 
 
 A fuller description of the work and other requirements, 
 provisions, details and specifications are given in the form of 
 
 III 
 
INFORMATION FOR CONTRACTORS 
 
 contract and in the contract drawings therein referred to. Copies 
 of the forms of contract, bond and contractor's proposal and 
 of the contract drawings may be inspected and purchased at the 
 office of the Commission. The forms of contract, bond and con- 
 tractor's proposal and the contract drawings are to be deemed a 
 part of this Information for Contractors. 
 
 Partial payments to the Contractor will be made as the work 
 proceeds, as provided in the contract. 
 
 The Contractor must complete the entire work within three 
 (3) months from the delivery of the contract. 
 
 At the time of the delivery of the contract the Contractor 
 must furnish security to the City by depositing a bond, cash 
 or securities, in the sum of three thousand dollars ($3,000). 
 As further security ten per centum (10%) of the amounts cer- 
 tified from time to time to be due to the Contractor will be 
 deducted. 
 
 Sealed bids or proposals will be received at the office of 
 the Commission at No. 154 Nassau Street, Borough of Man- 
 hattan, City of New York, until the igth day of October, 
 1915, at twelve fifteen (12:15) o'clock pL m., at which time 
 and place, or at a later date to be fixed by the Commission, 
 the proposals will be publicly opened. 
 
 Proposals must be in the form prescribed by the Commission. 
 
 A statement, based upon the estimate of the Chief Engineer 
 of the Commission, of the quantities of the various classes of 
 the work and of the nature and extent as near as practicable of 
 the work is to be found in the schedule in the form of contractor's 
 proposal. The quantities given in such schedule are approximate 
 only, being given as a basis for the uniform comparison of bids, 
 and no claim is to be made against the City on account of any 
 excess or deficiency, absolute or relative, in the same except as 
 provided in the specifications and form of contract. 
 
 Every proposal must when submitted be enclosed in a sealed 
 envelope endorsed "Proposal for Constructing Storm Drain for 
 Queensboro Subway Rapid Transit Railroad" and must be de- 
 livered to the Commission or its Secretary; and in the presence 
 
 IV 
 
INFORMATION FOR CONTRACTORS 
 
 of the person submitting the proposal, it will be deposited in a 
 sealed box in which all proposals will be deposited. No proposal 
 will be received unless accompanied by a separate certified check 
 for one thousand dollars ($1,000) payable to the order of the 
 Comptroller of the City and drawn upon a national or state bank 
 or trust company satisfactory to the Commission and having its 
 principal office in New York City. Such check must not be en- 
 closed in the envelope containing the proposal. 
 
 The Unit Prices must not be improperly balanced, and any 
 bid which the Commission considers detrimental to the City's 
 interests may be rejected. 
 
 No proposal, after it shall have been deposited with the 
 Commission, will be allowed to be withdrawn for any reason 
 whatever. 
 
 The award of the contract will be made by the Commission 
 as soon as practicable after the opening of the proposals. 
 
 Deposits made by bidders whose proposals are not accepted 
 will be returned within three (3) days after the contract is ex- 
 ecuted and delivered and its provisions in respect of the bond or 
 deposit are complied with, unless all proposals shall be rejected, 
 in which event such deposits will be returned within three (3) 
 days after such rejection. The deposit of the successful bidder 
 will be returned when the contract is executed and delivered and 
 its provisions in respect of the bond or deposit are complied with. 
 
 The right to reject any and all bids is reserved. 
 
 New York, October 1, 1915 
 
 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT 
 
 By EDWARD E. McCAix, Chairman 
 
 TRAVIS H. WHITNEY, Secretary 
 
Public Service Commission 
 
 For the First District 
 
 CONTRACT 
 
 FOR THE CONSTRUCTION OF A STORM DRAIN 
 
 FOR THE QUEENSBORO SUBWAY 
 
 RAPID TRANSIT RAILROAD 
 
 APPROVED AS TO FORM THIS DAY OF 
 
 , 1915 
 
 ACTING CORPORATION COUNSEL 
 
STORM DRAIN 
 
 CONTRACT 
 
 STORM DRAIN QUEENSBORO SUBWAY RAPID TRANSIT RAILROAD 
 
 Agreement made this day of , 1915, 
 
 between THE CITY OF NEW YORK, hereinafter called the City, 
 acting by the PUBLIC SERVICE COMMISSION FOR THE FIRST DIS- 
 TRICT, hereinafter called the Commission, party of the first part, 
 and 
 
 hereinafter called the Contractor, part * of the second part. 
 
 WHEREAS the Commission in behalf of the City by due adver- 
 tisement, pursuant to law, has invited contractors to submit to the 
 Commission proposals for making this contract ; and 
 
 WHEREAS the Contractor has thereupon duly submitted to the 
 Commission a proposal, which has been accepted; and 
 
 WHEREAS the Board of Estimate and Apportionment of the 
 City has consented to this contract ; 
 
 Now, THEREFORE, in consideration of the mutual covenants 
 and agreements hereinafter contained, and under the authority 
 
 * Here insert y or ies as the case may be. 
 
 1 
 

 of chapter 4 of the laws of 1891 entitled "An Act to provide 
 for Rapid Transit Railways in Cities of over One Million In- 
 habitants," and of the various acts amending the same, the parties 
 do hereby, the City for itself and its successors, and the Con- 
 tractor for f 
 
 and assigns, 
 Agree each with the other as follows : 
 
 t Here insert, if a corporation, itself, its successors; if a single indi- 
 vidual, himself, his executors, administrators; if several individuals, 
 themselves jointly and severally, and their and each of their executors, 
 administrators. 
 
CHAPTER I 
 GENERAL PROVISIONS AND DEFINITIONS 
 
 ARTICLE I. The Contractor agrees to construct the storm 
 drain hereinafter described, with its appurtenances. The City 
 agrees to pay the Contractor the sums of money hereinafter men- 
 tioned at the times and in the manner and upon the terms and 
 conditions hereinafter set forth. 
 
 ARTICLE II. The storm drain to be constructed under this 
 contract is for the Queensboro Subway (Steinway Tunnel) Rapid 
 Transit Railroad as described in the contract dated March 19, 
 1913, known as Contract No. 3, between the City and Inter- 
 borough Rapid Transit Company for additional rapid transit 
 railroads. The location of the storm drain to be constructed 
 under this contract is as follows : 
 
 Beginning under the west abutment of the Queensboro Sub- 
 way Rapid Transit Railroad in Queens Boulevard, in the Bor- 
 ough of Queens, between Hill and Rawson Streets, and extend- 
 ing thence easterly under Queens Boulevard to the east abut- 
 ment of said railroad between Carolin Street and Gosman Avenue. 
 
 The location, dimensions and other characteristics of the storm 
 drain are given in the specifications forming a part of this con- 
 tract and in the contract drawings hereinafter mentioned. 
 
 ARTICLE III. This contract is made pursuant to the Rapid 
 Transit Act, which is to be deemed a part hereof as if it were 
 incorporated herein. 
 
 ARTICLE IV. Titles, headings, subheadings and running head- 
 lines, tables of contents and indices are printed hereon merely for 
 convenience and shall not be deemed to be any part of this con- 
 tract for any purpose whatever. 
 
GENERAL PROVISIONS AND DEFINITIONS 
 
 ARTICLE V. The following words and expressions used in 
 this contract shall, except where by the context it is clear that 
 another meaning is intended, be construed as follows : 
 
 (1) The word "City" to mean The City of New York and 
 any other corporation or division of government to which the 
 ownership, rights, powers and privileges of The City of New 
 York under the Rapid Transit Act shall hereafter come, belong 
 or appertain. 
 
 (2) The word "Commission" to mean the Public Service 
 Commission for the First District and any other board, body, 
 commission, official or officials to which or to whom the powers 
 now belonging to the said Commission in respect of the location, 
 construction, equipment, maintenance and operation of rapid tran- 
 sit railroads under the provisions of the Rapid Transit Act shall, 
 by virtue of any act or acts, hereafter pass or be held to ap- 
 pertain. 
 
 (3) The word "Contractor" to mean the part* of the 
 second part to this contract and f 
 
 and assigns and 
 
 any and every person or corporation who or which shall at 
 any time be liable in the place or for the part of 
 
 the second part to perform any obligations under this contract 
 assumed by the said part of the second part. For con- 
 
 venience the Contractor is hereinafter referred to as if the Con- 
 tractor were an individual. The word "he" shall, as the sense 
 may require, include "she," "it" and "they" ; the word "him" 
 shall include "her," "it" and "them"; and the word "his" shall 
 include "her," "its" and "their." 
 
 (4) The word "Comptroller" to mean the Comptroller of 
 the City and the officer or board to whom or to which his powers 
 
 * Here and in like blanks hereafter insert y or ies, as the case may 
 be. 
 
 t Here insert, as the case may be, either its successors or his c.vccn- 
 
 tors, administrators, or their executors, administrators. 
 
GENERAL PROVISIONS AND DEFINITIONS 
 
 now existing under the Rapid Transit Act shall come to ap- 
 pertain. 
 
 (5) The word "Engineer" to mean the Chief Engineer of 
 the Commission or his duly authorized representative and any 
 successor or successors duly appointed or any deputy or substi- 
 tute for him who shall be appointed by the Commission or by its 
 authority. 
 
 (6) The word "Inspector" to mean any representative of the 
 Engineer designated by him to act as inspector. 
 
 (7) The words "Rapid Transit Act" to mean chapter 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, chapter 729 of the laws of 1896, chapter 616 
 of the laws of 1900, chapter 587 of the laws of 1901, chapters 
 533, 542, 544 and 584 of the laws of 1902, chapters 562 and 564 
 of the laws of 1904, chapters 599 and 631 of the laws of 1905, 
 chapters 472, 606 and 607 of the laws of 1906, chapters 429 and 
 534 of the laws of 1907, chapter 472 of the laws of 1908, chapter 
 498 of the laws of 1909, chapters 205, 504, 505 and 506 of the 
 laws of 1910, chapter 888 of the laws of 1911, chapter 226 of the 
 laws of 1912, chapters 100, 510, 524 and 540 of the laws of 1913, 
 chapter 118 of the laws of 1914 and chapters 534, 544, 545, 590 
 and 604 of the laws of 1915, or as heretofore otherwise amended. 
 
 (8) The words "Storm Drain" to mean the storm drain 
 which the Contractor agrees by this contract to build, together 
 with all appurtenances thereto which are to be constructed or 
 provided by the Contractor. 
 
 (9) The word "Works" to mean all the matters and things 
 herein agreed to be furnished or done by or on the part of the 
 Contractor. 
 
 (10) The words "New York" to mean the City of New 
 York according to its boundaries at the date of this contract. 
 
GENERAL PROVISIONS AND DEFINITIONS 
 
 (11) The words "daily newspaper" to mean any paper regu- 
 larly published in New York on every day or every day except 
 Sundays and holidays. 
 
 (12) The word "notice" to mean a written notice. 
 
 (13) The words "directed," "required," "permitted," "or- 
 dered," "designated," "prescribed" or words of like import used 
 in the specifications or upon the drawings to mean, respectively, 
 the direction, requirement, permission, order, designation or pre- 
 scription of the Engineer, and similarly the words "approved," 
 "acceptable," "satisfactory" or words of like import to mean re- 
 spectively, approved by, or acceptable or satisfactory to, the En- 
 gineer. 
 
 (14) The word "ton" to mean the short ton of two thousand 
 (2,000) pounds. 
 
 (15) The words "existing structure" to mean all parts of the 
 Queensboro Subway Rapid Transit Railroad in place at the date 
 of the delivery of this contract or installed thereafter by other 
 contractors, the Interborough Rapid Transit Company or per- 
 sons or firms employed by the Commission. 
 
 ARTICLE VI. The Contractor hereby designates Room 
 No. on the floor of the build- 
 
 ing No. in the Borough of 
 
 in the City of New York as the place where 
 all notices, directions and other communications to the Contractor 
 may be served, mailed or delivered. The delivering at the afore- 
 said place or depositing in a post-paid wrapper directed to the 
 aforesaid place in any post-office box regularly maintained by 
 the Post-office Department, of any notice, direction or other com- 
 munication to the Contractor shall be deemed to be sufficient 
 service thereof upon the Contractor as of the date of such de- 
 livery or deposit. Such address may be changed at any time by 
 an instrument in writing executed and acknowledged by the Con- 
 tractor and delivered to the Commission. Nothing herein con- 
 
GENERAL PROVISIONS AND DEFINITIONS 
 
 tained shall be deemed to preclude or render inoperative the ser- 
 vice of any notice, direction or other communication upon the 
 Contractor personally or, if the Contractor be a corporation, upon 
 any officer or director thereof. 
 
 ARTICLE VII. If the Contractor shall cause any part of 
 this contract to be performed by a sub-contractor, the provisions 
 of this contract shall apply to such sub-contractor and his officers, 
 agents and employees in all respects as if he and they were em- 
 ployees of the Contractor; and the Contractor shall not be in 
 any manner thereby discharged from his obligations and liabili- 
 ties hereunder, but shall be liable hereunder for all acts and negli- 
 gence of the sub-contractor, his officers, agents and employees as 
 if they were employees of the Contractor. The employees of the 
 sub-contractor shall be subject to the same provisions hereof as 
 employees of the Contractor; and the work and materials fur- 
 nished by the sub-contractor shall be subject to the provisions 
 hereof as if furnished directly by the Contractor. 
 
 ARTICLE VIII. The Contractor, before making any subcon- 
 tract of the work, shall state in writing to the Commission the 
 name of the proposed sub-contractor, the portion of the work 
 which such sub-contractor is to do or the materials which such 
 sub-contractor is to furnish, the place of business of such sub- 
 contractor and such other information as the Commission may 
 require. The Commission shall have the right to require the 
 Contractor not to award any sub-contract to a person, firm or 
 corporation disapproved by the Commission. 
 
CHAPTER II 
 WORK TO BE DONE, PRICES, ETC. 
 
 ARTICLE IX. The Contractor shall furnish all the labor and 
 materials, plant, power, tools, supplies and other means of con- 
 struction necessary or proper for constructing and completing 
 ihe Storm Drain and performing all the work which the Con- 
 tractor agrees by this contract to perform in the manner and 
 within the time hereinafter specified. He shall complete the 
 Storm Drain and do all work and furnish all labor and ma- 
 terials in and about the construction of the Storm Drain to the 
 satisfaction of the Commission and in accordance with this con- 
 tract and the specifications and drawings herein mentioned at the 
 prices herein agreed upon and fixed therefor ; provided, however, 
 that said drawings may from time to time be altered or modified 
 as hereinafter provided. 
 
 ARTICLE X. In order to construct the Storm Drain it will 
 be necessary to take up and relay the sidewalk and roadway 
 pavement or other surface material and to protect, support and 
 maintain all structures, including their foundations, and all sur- 
 face and elevated railroads, monuments, sewers, water mains, 
 gas pipes, electric subways, poles and wires, vaults, including 
 vaults of abutting property, and other surface, subsurface and 
 overhead structures with their appurtenances and connections as 
 the same may be met along the route; to move, alter, readjust 
 or rebuild sewers, water mains, gas pipes, electric subways, 
 poles and wires, vaults, including vaults of abutting property, and 
 other surface, subsurface and overhead structures with their ap- 
 purtenances and connections ; and to do all such additional and 
 incidental work as may be necessary for the completion of the 
 Storm Drain and the reconstruction and restoration of the street 
 pavements and other surfaces and of all surface, subsurface 
 and overhead structures and of all abutting property which may 
 have been directly or indirectly affected, disturbed or injured 
 
 8 
 
WORK TO BE DONE, PRICES, ETC. 
 
 by the Contractor in the progress of the work of construction 
 to as useful, safe, durable and good a condition as existed be- 
 fore construction was begun. All such work of every descrip- 
 tion, including the maintaining, protecting and securing wher- 
 ever necessary of all structures of whatsoever nature, monu- 
 ments and surface and elevated railroads affected by or interfered 
 with during the construction of the Storm Drain, is part of the 
 work which is included in this contract and which the Contractor 
 agrees to perform for the prices herein agreed upon. 
 
 ARTICLE XL The City will pay and the Contractor shall re- 
 ceive, in full compensation for constructing and completing the 
 Storm Drain (including all incidental work) and for performing 
 and completing the Works and for all expense in connection 
 therewith or incidental thereto, including the furnishing of all la- 
 bor, materials, plant, power, tools, supplies and other means of 
 construction and including administration, superintendence and 
 insurance, and for all loss or damage arising out of the nature 
 of the work aforesaid or from the action of the elements or from 
 any unforeseen obstruction or difficulty encountered in the prose- 
 cution of the work, and for all risks of any description connected 
 with the work, and for all expenses incurred by or in conse- 
 quence of the suspension or discontinuance of the work as herein 
 specified, the prices contained in the Schedule of Unit Prices 
 following. 
 
SCHEDULE OF UNIT PRICES 
 
 Item 2-A. For earth excavation both above and below mean 
 high water, including the disposal of it, etc., the sum of 
 
 dollars ($ ) per cubic 
 
 yard. 
 
 Item 3-A. For rock excavation, including the disposal of it, 
 etc., the sum of dollars 
 
 ($ ) per cubic yard. 
 
 Item 6. For concrete masonry, in place, the sum of 
 
 dollars ($ ) 
 
 per cubic yard. 
 
 Item 13. For timber foundations, placed and fastened, the 
 sum of dollars ($ ) 
 
 per thousand feet, board measure. 
 
 Item 14. For broken stone or gravel, in place, other than that 
 used in concrete, the sum of 
 dollars ($ ) per cubic yard. 
 
 Item 17. For vitrified 'or cast-iron drain pipe, in place, as 
 follows : 
 
 (a) For twelve (12) inch vitrified pipe, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 (b) For ten (10) inch vitrified pipe, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 (c) For eight (8) inch vitrified pipe, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 (d) For six (6) inch vitrified pipe, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 10 
 
SCHEDULE OF UNIT PRICES 
 
 (/) For fifteen (15) inch vitrified pipe, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 Item 17- A. For cast-iron pipe and fittings, including specials, 
 "extra heavy," in place, as follows: 
 
 (c) For six (6) inch, the sum of 
 
 dollars ($ ) per lineal foot. 
 
 (/) For twelve (12) inch, the sum of 
 
 dollars ($ ) per lineal foot. 
 
 Item 21. For steel rods and bars built in concrete, the sum 
 of dollars ($ ) 
 
 per ton. 
 
 Item 25. For miscellaneous iron castings such as manhole 
 heads and covers, gratings, etc., in place, the sum of 
 
 dollars ($ ) 
 
 per ton. 
 
 Item 30. For street surface restored, as follows : 
 
 (h) For all surfaces of whatever character, as required 
 by Section No. 139, the sum of 
 
 dollars ($ ) 
 
 per square yard. 
 
 (0) For restoring old curb, as required by Section No. 
 139, the sum of 
 
 dollars ($ ) 
 
 per lineal foot. 
 
 11 
 
QUANTITIES 
 
 ARTICLE XII. In case any work or materials shall be re- 
 quired to be done or furnished in or about the Works which 
 it is elsewhere in this contract expressly provided shall be paid 
 for under this Article, or in case any work or materials shall 
 be required to be done or furnished in or about the Works 
 which are not contemplated, mentioned, specified or indicated 
 or otherwise provided for in this contract or in the specifica- 
 tions forming a part of this contract or in or upon the con- 
 tract drawings and which in the opinion of the Engineer are 
 not susceptible of classification under the Items of the Schedule 
 of Unit Prices, the Contractor shall if ordered by the Engineer 
 do and perform such work and furnish such materials at and for 
 the actual and necessary net cost in money to the Contractor 
 for labor, for insurance upon such labor under the Workmen's 
 Compensation Law and for materials incorporated in the work 
 and in addition thereto ten per centum (10%) of such net cost, 
 and the Contractor shall have no claim in excess of the above, 
 such payment being in full compensation for the performance 
 of such work and the furnishing of such materials and for all 
 expense in connection therewith or incidental thereto, as afore- 
 said, including the expense of plant, power, tools, supplies and 
 other means of construction, administration, superintendence 
 and insurance, and for all the loss, damage, risks and expenses 
 hereinbefore in Article XI mentioned. The amount of the in- 
 surance upon such labor under the Workmen's Compensation 
 Law shall be determined by the amount of the wages actually 
 and necessarily paid for such labor and the rate of insurance 
 for such labor either in the State Insurance Fund or in any 
 stock corporation or mutual association authorized to transact 
 the business of workmen's compensation insurance in New 
 York State, as the case may be. If the Contractor shall not 
 have insured either in such State Insurance Fund or in any 
 such stock corporation or mutual association, the rate allowed 
 will be the rate which he would have been required to pay for 
 such insurance in the State Insurance Fund had he insured 
 
 12 
 
QUANTITIES 
 
 therein. Payment shall not be made under this Article for 
 any such work or materials which are so required to be done 
 or furnished in or about the Works and which are not con- 
 templated, mentioned, specified or indicated or otherwise 
 provided for in this contract or in the specifications forming 
 a part of this contract or in or upon the contract drawings 
 so far as such work or materials may be, in the opinion of 
 the Engineer, susceptible of classification under the Items of 
 the Schedule of Unit Prices, which work or materials shall be 
 paid for in part or in whole, as the case may be, at the 
 unit prices given in the Items of the Schedule. 
 
 In case any work or materials shall be required to be done 
 or furnished under the provisions of this Article, for cost 
 plus ten per centum (10%), the Contractor shall at the end 
 of each day furnish to the Engineer daily time slips showing 
 the name and number of each workman employed on such work, 
 the number of hours employed thereon, the character of work 
 he is doing and the wages paid or to be paid to him and also 
 a daily memorandum of such materials furnished, showing the 
 amount and character of such materials, from whom purchased 
 and the amount paid or to be paid therefor. If required by 
 the Engineer or the Commission, the Contractor shall produce 
 any books, vouchers, records and memoranda showing the 
 labor and materials actually paid for and the actual prices 
 therefor. Such daily time slips and memoranda shall not, 
 however, be binding upon the City and if any question or 
 dispute shall arise as to the correct cost of such labor or ma- 
 terials the determination of the Engineer upon such question or 
 dispute shall be final and conclusive. 
 
 ARTICLE XIII. The quantities of the various classes of 
 work to be done and materials to be furnished under this 
 contract specified in the Contractor's Proposal are approximate 
 and only for the purpose of comparing on a uniform basis the 
 bids offered for the Works ; and neither the City nor the Com- 
 mission nor any member of the Commission is to be held re- 
 sponsible that any of the said estimated quantities shall be 
 
 13 
 
DRAWINGS MAY BE CHANGED 
 
 found even approximately correct in the construction of the 
 Works; and the Contractor shall make no claim for damages 
 or for anticipated profit or for loss of profit because of a dif- 
 ference between the quantities of the various classes of work 
 actually done or materials actually delivered and the estimated 
 quantities of items stated in the Contractor's Proposal or because 
 of the entire omission of any of the quantities of items stated 
 in the Contractor's Proposal. 
 
 ARTICLE XIV. The Commission shall have the right, during 
 the progress of the work, to amplify the drawings, to add ex- 
 planatory specifications and to furnish additional specifications 
 and drawings. 
 
 ARTICLE XV. The Commission further reserves the right 
 to alter, in any way it may deem necessary for the public in- 
 terests, the drawings aforesaid, in part or altogether, at any 
 time during the progress of the work, without constituting 
 grounds for any claim by the Contractor for payment or allow- 
 ance for damages or extra service other than is provided for 
 items of the different classes of construction under the Items 
 of the Schedule or in Article XII. 
 
 ARTICLE XVI. The Contractor shall complete the entire 
 work to the satisfaction of the Commission and in accord- 
 ance with the specifications and contract drawings and ac- 
 cording to the other provisions of this contract and within 
 the time specified in this contract in the most workmanlike 
 manner and with the highest regard to the safety of life and 
 property and according to the lines, levels and directions given 
 by the Engineer. 
 
 ARTICLE XVII. The Contractor shall furnish of the best 
 description all labor and materials, plant, tools, supplies and 
 other means of construction necessary to construct and put in 
 
 14 
 
INSPECTION 
 
 complete working order all work covered by the specifications, 
 contract drawings and provisions of this contract, including all 
 additional specifications, drawings and details issued or re- 
 quired as herein provided. 
 
 ARTICLE XVIII. The Contractor hereby represents that 
 prior to the execution of this contract he has examined in de- 
 tail on the ground the location mentioned herein and indicated 
 on the contract drawings and that he has fully examined the 
 contract drawings and has read each and every clause and 
 section of this contract and of the specifications and has had 
 full opportunity to consider the same and make necessary in- 
 vestigations relating thereto; and he shall not make any claim 
 for, or have any right to, damages or an extension of time for 
 completion of the Works or any other concession because of 
 any misinterpretation or misunderstanding of this contract or 
 of the specifications or of the contract drawings or because of 
 any lack of information. 
 
 ARTICLE XIX. No acceptance of any part of the Works or 
 of materials therefor shall relieve the Contractor of his ob- 
 ligation to furnish sound material and perform sound work, 
 whether with respect to such part or to any other part of the 
 Works. 
 
 ARTICLE XX. The Commission contemplates, and the Con- 
 tractor hereby approves, the most thorough and minute inspec- 
 tion by the Commission and its Engineer and by their rep- 
 resentatives or subordinates of all work and materials and of 
 the manufacture or preparation of such materials from the be- 
 ginning of construction to the final completion of the Works. 
 It is the intention of the Commission that its Engineer shall 
 draw the attention of the Contractor to all defects in work- 
 manship or materials or other errors or variations from the 
 requirements of this contract. But no omission on the part 
 of the Commission or its Engineer or any officer, member or 
 
 15 
 
INSPECTION 
 
 subordinate of the Commission to point out such defects, errors 
 or variations shall give the Contractor any right or claim 
 against the City or shall in any way relieve the Contractor 
 from his obligations according to the terms of this contract. 
 
 ARTICLE XXI. The Contractor shall at all times give to 
 the Commission and its members, to the Engineer and his as- 
 sistants and subordinates and to any person designated by 
 the Commission or its Chairman all facilities, whether neces- 
 sary or convenient, for inspecting the materials to be furnished 
 and the work to be done under this contract. The members of 
 the Commission, the Engineer and all employees of the Com- 
 mission bearing his authorization or the authorization of the 
 Commission or its Chairman shall be admitted at any time sum- 
 marily and without delay to any part of the Works or to in- 
 spection of materials at any place or stage of their manufacture, 
 preparation, shipment or delivery. 
 
 ARTICLE XXII. The Engineer shall be furnished with every 
 reasonable facility for ascertaining whether the work is in 
 accordance with the requirements and intention of this con- 
 tract, even to the extent of uncovering or taking down por- 
 tions of finished work. Should the work thus exposed or ex- 
 amined prove satisfactory, the uncovering or taking down and 
 the replacing of the covering or the making good of the parts 
 removed will be paid for at the contract prices for the class 
 of work done; but should the work exposed or examined prove 
 unsatisfactory, such uncovering, taking down, replacing and 
 making good shall be at the expense of the Contractor. 
 
 ARTICLE XXIII. The inspection of the work shall not 
 relieve the Contractor of any of his obligations to fulfill this 
 contract as herein prescribed, and defective work shall be 
 made good and unsuitable materials will be rejected notwith- 
 standing that such work and materials have been accepted or 
 estimated for payment. If the work or any part thereof 
 
 16 
 
ENGINEER TO DETERMINE 
 
 shall be found defective before the final acceptance of the 
 whole work, the Contractor shall at his own expense forthwith 
 make good such defect in a manner satisfactory to the Engi- 
 neer, and if any material brought upon the ground for use in 
 the work or selected for the same shall be condemned by the 
 Engineer as unsuitable or not in conformity with the specifi- 
 cations, the Contractor shall at his own expense forthwith re- 
 move such material. 
 
 ARTICLE XXIV. To prevent disputes and litigations, the 
 Engineer shall in all cases determine the classification, amount, 
 quality, acceptability and fitness of the several kinds of work 
 and materials which are to be paid for under this contract, 
 shall determine every question in relation to the Works and 
 the construction thereof and shall determine every question 
 which may arise relative to the fulfillment of this contract on 
 the part of the Contractor. His determination and estimate 
 shall be final and conclusive upon the Contractor, and in case 
 any question touching this contract shall arise between the 
 parties hereto, such determination and estimate shall be a con- 
 dition precedent to the right of the Contractor to receive any 
 money under this contract. 
 
 ARTICLE XXV. The Engineer shall make all necessary ex- 
 planations as to the meaning and intention of the specifications, 
 shall give all orders and directions contemplated therein or 
 thereby and in every case in which a difficult or unforeseen 
 condition shall arise in the performance of the work required 
 by this contract. 
 
 The Contractor shall promptly obey and follow every direc- 
 tion which shall be given by the Engineer, including any di- 
 rection which the Engineer shall give by way of withdrawal, 
 modification or reversal of any previous direction given by him. 
 
 The Queensboro Subway Rapid Transit Railroad is now 
 under construction and the City may enter into a contract for 
 the installation of tracks thereon and it will be necessary during 
 the progress of the work hereunder for other contractors and 
 
 17 
 
ENGINEER TO DETERMINE 
 
 persons to do work in or about the completion or construction of 
 said Railroad (including the station finish work) and the in- 
 stallation of such tracks. It will also be necessary during the 
 progress of the work hereunder for the Interborough Rapid 
 Transit Company, its successors or assigns, and the contractor 
 or contractors of said Interborough Rapid Transit Company, its 
 successors or assigns, to do work in or about the equipment of 
 said Railroad, including but not limited to laying the third or 
 power rail, installing signals, drawing cables and installing wires 
 for station lighting. The Contractor shall so conduct his work 
 as not to impede or interfere with the work of such other con- 
 tractors or persons engaged in or about the construction or com- 
 pletion of said Railroad or the installation of tracks or the equip- 
 ment of said Railroad, and shall so arrange and conduct his work 
 that such other contractors and persons may complete their work 
 and said Railroad be put into operation at the earliest possible 
 date. 
 
 Wherever any work performed or to be performed by the 
 Contractor under this contract shall adjoin or affect any 
 work performed, being performed or to be performed by any 
 other contractor or contractors of the Commission, the Engineer 
 shall decide any question or dispute between the Contractor and 
 such other contractor or contractors and shall determine which 
 of them shall perform or complete any work and the manner, 
 time and method in which they shall perform their respective 
 work and the facilities which each shall afford to the other or 
 others, and his determination shall as aforesaid be final and 
 conclusive upon the Contractor. 
 
 Wherever any work performed or to be performed by the 
 Contractor under this contract shall adjoin or affect any 
 work performed, being performed or to be performed by the 
 Interborough Rapid Transit Company, its successors or assigns, 
 or any contractor or contractors of the Interborough Rapid Tran- 
 sit Company, its successors or assigns, in connection with the 
 equipment of the Queensboro Subway Rapid Transit Railroad, 
 the Engineer shall determine the manner, time and method in 
 which the Contractor shall perform his work and the facilities 
 which he shall afford to the Interborough Rapid Transit Com- 
 
 18 
 
ENGINEER TO DETERMINE 
 
 pany, its successors or assigns, or such other contractor or con- 
 tractors, and his determination shall as aforesaid be final and 
 conclusive upon the Contractor. 
 
 It is understood that the Contractor has made allowance 
 in the prices stipulated in the Schedule of Unit Prices for all 
 expense, loss, risk and damage due to the work of completing 
 the construction of the Queensboro Subway Rapid Transit Rail- 
 road and installing tracks thereon and equipping said Railroad. 
 
 ARTICLE XXVI. Any engineer substituted by the Commis- 
 sion in place of the Chief Engineer during the absence, illness 
 or disability of the Chief Engineer or when the Commission 
 shall so determine shall, during his official connection, have 
 all the power and authority of the Chief Engineer and in all 
 respects be recognized as such Chief Engineer. 
 
 19 
 
CHAPTER III 
 
 SPECIFICATIONS 
 
 SECTION No. 1. The specifications and the contract draw- 
 ings hereinafter mentioned, taken in connection with the other 
 provisions of this contract, are intended by the Commission 
 to be full and comprehensive, and to show all the work re- 
 quired to be done. But it is impossible either in advance to 
 show all details or precisely to forecast all exigencies. The 
 specifications and the contract drawings are to be taken, there- 
 fore, as indicating the amount of. work, its nature and the 
 method of construction so far as the same are now distinctly 
 apprehended. The Storm Drain is to be constructed in connec- 
 tion with the drainage of an intraurban railroad of the highest 
 class, and in the event of any doubt as to the meaning of any 
 portion of the specifications or of the contract drawings or of 
 the text of this contract, the same shall be interpreted as calling 
 for the best construction, both as to materials and workmanship, 
 capable of being supplied or applied. All the clauses of the 
 specifications and all the parts of the contract drawings are, 
 therefore, to be understood, construed and interpreted as in- 
 tending to produce the results hereinbefore stated. 
 
 SECTION No. 2. The Contractor shall construct and com- 
 plete the Storm Drain strictly in accordance with the require- 
 ments of these specifications; if in these specifications or this 
 contract or on the contract drawings any matter or thing 
 requisite be not contemplated, mentioned, specified or indicated 
 or otherwise provided for, nevertheless the same is deemed to 
 be included and the Contractor shall do the same as part of 
 the work hereunder at the unit prices for each class of work 
 where in the opinion of the Engineer applicable or as provided 
 in Article XII. 
 
 SECTION No. 3. The contract drawings referred to in this 
 contract and these specifications are each countersigned by the 
 Engineer, stamped with the seal of the Commission and bear the 
 general title: 
 
 20 
 
SPECIFICATIONS 
 
 QUEENSBORO SUBWAY STORM DRAIN 
 CONTRACT DRAWING No. 
 
 and are designated or numbered as follows: C-l to C-12, 
 inclusive, and are dated September 25, 1915. 
 
 SECTION No. 4. The sections and dimensions shown on the 
 contract drawings are typical sections and dimensions which 
 should be applicable to the greater part of the work. Work- 
 ing drawings to amplify the contract will be furnished by the 
 Engineer to the Contractor as required, from which all necessary 
 shop drawings shall be made by him. These working drawings 
 will be given to the Contractor, upon his request, at any time 
 after this contract is delivered. Where, however, changes are 
 deemed necessary they may be ordered under Article XV of this 
 contract and the Engineer shall issue such drawings and specifi- 
 cations as may be necessary. 
 
 SECTION No. 6. Detail construction drawings of the existing 
 structure may be seen at the office of the Engineer. They are 
 exhibited to the Contractor without any guarantee on the part of 
 the Commission as to their completeness or correctness. The 
 Contractor may have copies (blue-prints) of these detail con- 
 struction drawings for such aid, if any, as may be derived from 
 them, on the payment of the cost of blue-printing. 
 
 SECTION Xo. 7. If in the prosecution of the work diffi- 
 culties of any nature be encountered which are not indicated or 
 suggested by the specifications or drawings, including said detail 
 construction drawings, or if additional surface, subsurface or 
 overhead structures or obstructions be discovered, or if any sur- 
 face, subsurface or overhead structures or obstructions be found 
 of different size or in different positions or of different nature 
 from those shown on the drawings, including said detail con- 
 struction drawings, or if in any other way such specifications or 
 
 21 
 
SPECIFICATIONS 
 
 drawings, including said detail construction drawings, be found 
 erroneous, incomplete or misleading, the Contractor shall take 
 every necessary or proper precaution to overcome the unforeseen 
 difficulty and shall support, maintain, protect, remove, relay, 
 adjust or readjust, as the case may be, the additional or different 
 surface, subsurface or overhead structures according to the direc- 
 tion of the Engineer and as provided in this contract and these 
 specifications. 
 
 SECTION No. 8. The specifications do not include all re- 
 quirements, but are requirements in addition to those elsewhere 
 given or provided in this contract. The specifications and the 
 other provisions of this contract and the contract drawings are 
 intended to be explanatory of one another. Should, however, 
 any discrepancy appear or any misunderstanding arise as to the 
 import of anything contained in either, the explanation or 
 decision of the Engineer shall be final and conclusive. 
 
 SECTION No. 9. These specifications are grouped in subdi- 
 visions as follows: 
 
 PAGE 
 
 1 Brief Description of the Work 23 
 
 2 General Clauses . 24 
 
 3 General Manner of Prosecution and Maintenance of 
 
 Traffic 32 
 
 4 Street Railroad Tracks, Mains and Other Surface, Sub- 
 
 surface and Overhead Structures 34 
 
 5 Excavation 37 
 
 6 Backfilling 44 
 
 7 Timber Foundations 45 
 
 8 Cement 46 
 
 9 Mortar 49 
 
 10 Concrete 50 
 
 1 1 Brick Masonry 53 
 
 12 Steel and Iron 54 
 
 13 Surfaces Restored 57 
 
 14 Drain Pipes and Manholes 59 
 
 15 Special Matters 67 
 
 22 
 
SUBDIVISION 1 
 BRIEF DESCRIPTION OF THE WORK 
 
 SECTION No. 10. The Storm Drain is to consist of a main 
 drain, necessary connections, manholes, outlets and other details 
 required to remove the storm water from the existing structure. 
 The general details of construction, location, etc., are indicated 
 more particularly on the contract drawings. 
 
 SECTION No. 11. In addition to the construction of the 
 Storm Drain it will be necessary to do various incidental work 
 which is generally referred to in Article X hereof. 
 
 23 
 
SUBDIVISION 2 
 GENERAL CLAUSES 
 
 SECTION No. 14. All materials and workmanship must be 
 of the best class in every respect, and the Engineer shall be 
 the sole judge of their quality and efficiency. 
 
 SECTION No. 15. All the work shall be prosecuted in the 
 manner, according to local conditions, best calculated to pro- 
 mote rapidity in construction, to secure safety to life and prop- 
 erty and to reduce to the minimum any interference with abutting 
 property and the public travel. Decking of the streets, paving, 
 or other surface work affecting, or affected by, street traffic shall 
 be prosecuted during such hours as will reduce such interference 
 to a minimum. Night work shall be conducted, in accordance 
 with the directions of the Engineer, so that annoyance to occu- 
 pants of abutting property shall be reduced to a minimum, and 
 the Engineer may, if in his judgment conditions so require, 
 direct that night work be omitted. 
 
 SECTION No. 16. The Storm Drain is a part of the drain- 
 age system of a rapid transit railroad and the interests of the 
 City imperatively require that it shall be completed and put 
 into operation without delay. If the Contractor shall not prose- 
 cute his work in such manner as to make it probable in the 
 judgment of the Engineer that the work will be completed 
 within the time limited, the Contractor, if directed by the 
 Commission, shall increase the number of shifts and the num- 
 ber of men in each shift to such extent as may be necessary 
 to insure the completion of the work within the times re- 
 quired by this contract or within the shortest possible time 
 thereafter. 
 
 SECTION No. 17. In case of emergencies involving danger 
 to life or property, continuous work with an increased force 
 may be ordered by the Engineer for such time as may be 
 necessary. 
 
 SECTION No. 18. No work shall be begun until the Com- 
 mission shall issue to the Contractor a permit authorizing him 
 
 24 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 to proceed. No permits for excavation will be issued until the 
 Contractor has given satisfactory assurance to the Engineer 
 that the material needed for construction will be available. The 
 Contractor must conduct his work so as to avoid advancing 
 the excavation at any place ahead of the delivery on the work 
 of the materials of construction required for such place, unless 
 otherwise permitted by the Engineer. If the Contractor elects, 
 and is permitted, to advance the excavation ahead of the de- 
 livery of such materials of construction, it will become necessary 
 for him to support and maintain the trenches until the ma- 
 terials of construction can be obtained ; this he shall do entirely 
 at his own risk and expense. The permits shall be in such form 
 and shall cover such portions of the work as the Commission 
 shall prescribe. 
 
 SECTION No. 19. Before any opening is made in the sur- 
 face of a street, a copy of the permit issued by the Com- 
 mission shall have been filed with the Borough President not 
 less than five (5) days, unless the Engineer shall expressly 
 direct work to begin within a less period. 
 
 SECTION No. 20. At least one (1) week before com- 
 mencing work on any part of the Storm Drain, the Contractor 
 shall give notice in writing to the Engineer of his intention 
 to commence such operations; and at least one (1) week be- 
 fore commencing or resuming manufacture of any article called 
 for by these specifications the Contractor shall give notice in 
 writing to the Engineer of his intention to commence or re- 
 sume such manufacture, with the name and address of the 
 maker and the amount and description of the material to be 
 manufactured. 
 
 SECTION No. 22. In all operations connected with the 
 Works, all ordinances of the City and of the Board of Health 
 and all laws of New York State which are applicable 
 to and control or limit in any way the actions of those 
 engaged in the work or affecting the materials belonging to 
 or used by them shall be respected and strictly complied 
 
 25 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 with, and the Contractor shall further strictly comply with all 
 applicable Federal, State and Municipal regulations regard- 
 ing the transportation of materials in and around the City 
 and Harbor of New York. 
 
 SECTION No. 23. Whenever the construction of the Works 
 under the provisions of this contract shall interfere with, dis- 
 turb or endanger any sewer, water pipe, gas pipe, or other 
 duly authorized subsurface structure, the work of construc- 
 tion at such points shall be conducted in accordance with the 
 reasonable requirements of the Borough President or the Com- 
 missioner of Water Supply, Gas and Electricity or other 
 officer or local authority having the care of and the juris- 
 diction or control over such subsurface structures so inter- 
 fered with, disturbed or endangered. 
 
 SECTION No. 24. The Contractor shall at his own cost 
 provide for the water supply necessary for his work and he 
 shall bear the cost of any inspection charge in connection 
 therewith. He shall bear the cost of all work, labor and ma- 
 terial in connection with the bagging, cutting and cap- 
 ping, installing circulation connections and temporary drips 
 for gas pipes where, in the opinion of the Engineer, it is 
 necessary to cut off the supply of gas, and also in connection 
 with replacing and restoring such pipes to their original condi- 
 tion. He shall also bear the cost of the shutting off and restora- 
 tion of the flow in water mains where such work applies to the 
 maintenance and support thereof as provided in Section No. 55, 
 
 SECTION No. 25. On streets adjacent to the work, only 
 such material may be stored as may be necessary in case of 
 an emergency, to sheet or to support the excavation; or a rea- 
 sonable amount of such material as may be absolutely necessary 
 to avoid delay in construction may be stored; such material 
 must not be allowed to accumulate, but must be replenished from 
 day to day. The amount to be so allowed shall be determined 
 by the Engineer. 
 
 26 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 SECTION No. 27. In any case material may be stored only 
 with the approval of the Engineer, revocable at any time; and 
 if so ordered, such material shall be removed immediately by 
 the Contractor at his own expense on receipt of the order, or 
 within a period of time to be therein stated. 
 
 SECTION No. 28. Wherever the work is being carried on 
 free access must be given to every fire hydrant and fire alarm 
 box, and when required, hydrants shall be extended by suitable 
 tube or piping to an accessible point as approved by the Engineer 
 and to the satisfaction of the Chief of the Fire Department. 
 Materials must not be piled at any time or place within ten 
 (10) feet of any fire hydrant or fire alarm box; and where 
 materials are unavoidably piled or placed in the vicinity of 
 a fire hydrant or fire alarm box and to such height as to prevent 
 the same from being readily seen, the position of such hydrant 
 or fire alarm box shall be indicated by suitable signals, both 
 day and night. 
 
 The Contractor shall at his own expense guard, maintain 
 and protect the wires, cables, ducts, manholes, posts and poles 
 of the Fire Department. He shall not cause the interruption 
 of the Fire Department Fire Alarm Telegraph service. No Fire 
 Department wire, cable, duct, manhole, post or pole shall be 
 disturbed except in the presence of a representative of the 
 Bureau of Fire Alarm Telegraph. In case any such wire, 
 cable, duct, manhole, post or pole shall be disturbed, it shall 
 be restored to its original condition by the Contractor at his 
 own expense. 
 
 SECTION No. 29. The Contractor shall at his own expense 
 keep the work, streets and all public places occupied by him 
 clear of all refuse and rubbish that may accumulate from 
 any source whatever and leave them in a neat condition; but 
 this is in no way to be construed as placing upon the Contractor 
 the usual duties of the Street Cleaning Department. 
 
 SECTION No. 30. Where access to any adjacent property 
 is temporarily cut off, owing to the occupancy of the street by 
 
 27 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 the Contractor, he must, at his own cost, render every assistance 
 to the owner or occupant in handling such materials of any 
 description, including all material to be removed by the Depart- 
 ment of Street Cleaning, as may have to be taken to or removed 
 from such property ; such material shall be taken to or from the 
 nearest accessible point that in the opinion of the Engineer is 
 convenient for handling. 
 
 SECTION No. 31. Waste material of any character will 
 under no conditions be permitted to remain on the streets, but 
 must immediately on its becoming unfit for use in the work be 
 carted away and disposed of by the Contractor at his own 
 expense as hereinbefore provided ; nor shall such materials be 
 allowed to accumulate in the trenches. 
 
 SECTION No. 32. Necessary conveniences, properly secluded 
 from public observation, shall be constructed and maintained 
 by the Contractor at his own expense wherever needed for the 
 use of his employees, to the satisfaction of the Engineer and 
 the sanitary authorities. 
 
 SECTION No. 33. Wherever necessary the Contractor shall 
 erect and maintain at his own expense fences for the protection 
 of adjoining property and of the adjoining public places. 
 
 SECTION No. 34. The using of fences and buildings during 
 construction for advertising purposes, other than the name and 
 address of the Contractor, is forbidden; all temporary buildings 
 and fences erected by the Contractor shall be neat in appearance 
 and shall be painted as directed by the Engineer. 
 
 SECTION No. 35. Barricades and bridges shall be erected 
 by the Contractor at his own cost, for the protection of the 
 work or use of the public; they shall be substantial in character 
 and neat in appearance. 
 
 SECTION No. 36. The Engineer will prepare and furnish 
 to the Contractor, from time to time as aforesaid, drawings 
 
 28 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 amplifying such details of the contract drawings as may be 
 necessary and drawings necessary to show the adjustment and 
 reconstruction of all surface and subsurface structures wherever 
 the reconstruction of the same is necessitated by the construction 
 of the Storm Drain. These drawings must be strictly followed, 
 unless local conditions should develop during construction, sug- 
 gesting changes, when, with the approval of the Engineer, such 
 changes may be permitted. 
 
 SECTION No. 37. The Contractor shall make all working 
 or shop drawings which may be required in addition to the 
 contract drawings or in addition to such other drawings as the 
 Engineer may issue in amplification of such contract drawings, as 
 explained above. All working or shop drawings shall be sub- 
 mitted in duplicate to the Engineer for his approval, which 
 approval, if given, shall be indicated by his countersigning one 
 set of such working or shop drawings and returning the same 
 to the Contractor. Should the working or shop drawings be not 
 approved by the Engineer, then the Engineer shall return one set 
 of such working or shop drawings, with the necessary corrections 
 and changes indicated thereon ; and the Contractor must make 
 such corrections and changes, and again submit drawings in 
 duplicate for the approval of the Engineer ; and no work called 
 for by said working or shop drawings shall be done until the 
 approval of the Engineer is obtained, which must be given or 
 refused within five (5) working days after delivery to him at his 
 office of such drawings in duplicate. Immediately upon final 
 approval of such working or shop drawings by the Engineer, the 
 Contractor shall furnish the Commission with five (5) additional 
 copies of such approved drawings. The tracings of all approved 
 working or shop drawings made by the Contractor shall be 
 delivered to the Engineer prior to or upon the completion of the 
 Works. 
 
 SECTION No. 38. During the progress of the work the Com- 
 mission will give, through the Engineer to the Contractor, suit- 
 able points, marks or benches, indicating the line and grade of 
 the Storm Drain, such points or bench marks to be established 
 
 29 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 at such intervals as the Engineer deems necessary to enable the 
 Contractor to perform his work. The principal lines and grades 
 will be given by the Engineer, who may change them from time 
 to time as may be authorized and directed by the Commission. 
 The stakes and marks given by the Engineer shall be carefully 
 preserved by the Contractor, who shall give to the Engineer all 
 necessary assistance and facilities for establishing benches and 
 plugs and for making measurements. 
 
 SECTION No. 39. Orders and directions may be given orally 
 by the Engineer to, and shall be received and promptly obeyed 
 by, the Contractor or his representative or any superintendent, 
 overseer or foreman of the Contractor who may have charge of 
 the particular work in relation to which the orders or directions 
 are given, and a confirmation in writing of such orders or direc- 
 tions will be given to the Contractor by the Engineer if so 
 requested. The Contractor or his duly authorized representative 
 shall be present at all times on the work to receive orders and 
 directions from the Engineer. 
 
 SECTION No. 40. Any imperfect construction which may 
 be discovered before the final acceptance of the work shall be 
 corrected immediately on the requirement of the Engineer and 
 at the Contractor's expense, notwithstanding that it may have 
 been overlooked by the Inspector. 
 
 . 
 
 SECTION No. 41. All work of whatever kind which during 
 its progress and before its final acceptance shall become dam- 
 aged from any cause shall be broken up or removed and shall 
 be replaced by good and sound work at the Contractor's expense. 
 
 SECTION No. 42. If any material brought on the ground 
 for use in the work or selected for the same shall be condemned 
 by the Engineer as unsuitable or not in conformity with the 
 specifications, the Contractor shall forthwith remove such ma- 
 terial at his own expense. 
 
 30 
 
SPECIFICATIONS GENERAL CLAUSES 
 
 SECTION No. 43. The Contractor shall employ only com- 
 petent, skillful and faithful men to do the work. Whenever 
 the Engineer shall notify the Contractor in writing that in his 
 opinion any man on the work is incompetent, unfaithful or dis- 
 orderly, such man shall be discharged from the work and shall 
 not again be employed on it. 
 
 31 
 
SUBDIVISION 3 
 
 GENERAL MANNER OF PROSECUTION AND MAINTENANCE OF 
 
 TRAFFIC 
 
 SECTION No. 44. Where streets are open, suitable bridges 
 shall be built and maintained, at the Contractor's expense, to 
 permit owners and occupants to reach their premises. Where 
 necessary, proper and easy means for passengers to reach and 
 leave street cars shall be maintained. 
 
 SECTION No. 46. Generally, the Contractor will be permitted 
 to conduct his work in the most expeditious manner possible, 
 having due regard for the safety of persons and property and 
 facilities for traffic and under such instructions as the Engineer 
 may give from time to time. 
 
 SECTION No. 47. All necessary facilities shall be furnished 
 by the Contractor at his own expense for the benefit of street 
 traffic, both on longitudinal and cross streets. 
 
 SECTION No. 48. In order to minimize interference with 
 traffic and inconvenience to abutting property owners during the 
 construction of the Storm Drain every precaution must be taken 
 to keep traffic free from interruption. 
 
 SECTION No. 49. In general, work will as provided herein 
 be carried on in open trench without decking, but at street inter- 
 sections and at other places where special conditions so require 
 and the Engineer may direct, decking shall be placed and main- 
 tained. Where the decking is temporarily removed from any part 
 of the street the opening shall be protected by suitable fencing 
 and bridging. 
 
 In all cases the Contractor shall at all times at his own 
 expense keep all the street crossings on the lines of the sidewalks 
 in a clean and neat condition, bridging gutters and low places 
 where water might collect. 
 
 32 
 
SPECIFICATIONS GENERAL MANNER OF PROSECUTION AND 
 
 MAINTENANCE OF TRAFFIC 
 
 SECTION No. 50. In exceptional cases, where rock is within 
 a few feet of the street or sidewalk surface, it may be impracti- 
 cable to operate drills under such decking until a sufficient depth 
 of excavation has been obtained. In such cases such latitude 
 will be allowed the Contractor as may prove absolutely necessary 
 for the execution of this contract, and as the Engineer may deem 
 advisable. 
 
 33 
 
SUBDIVISION 4 
 
 STREET RAILROAD TRACKS, MAINS AND OTHER SURFACE, SUB- 
 SURFACE AND OVERHEAD STRUCTURES 
 
 SECTION No. 51. Notice shall be given by the Contractor 
 to all individuals, companies and the proper City officials, own- 
 ing or having charge of surface, subsurface or overhead struc- 
 tures along any part of the work, of his intention to commence 
 operations along such part of the route, at least one (1) week 
 in advance, and the Contractor shall file with the Engineer at the 
 same time a copy of said notice; and he shall co-operate with the 
 proper parties, officers or officials in charge of such structures 
 and shall furnish them with all reasonable facilities to inspect 
 the methods of caring for their property. 
 
 SECTION No. 52. In the rearrangement of surface, sub- 
 surface or overhead structures requiring removal and relaying 
 or reconstruction due to interference with the Storm Drain a 
 tentative plan will be made by the Engineer, which will be sub- 
 mitted to the parties interested; if any reasonable changes are 
 then requested by any of the said parties within ten (10) days 
 after the submission of the tentative plan, such changes will then 
 be made, if in the judgment of the Engineer they will best 
 conserve the interest of all parties concerned ; a further plan will 
 then be made which, on the approval of the Engineer, will be 
 final. 
 
 SECTION No. 53. Whenever it becomes necessary to cut, 
 move, change, or reconstruct any surface, subsurface or over- 
 head structures, or connections therewith, such work shall be 
 done according to the reasonable satisfaction of the owners of 
 such structures. 
 
 SECTION No. 54. All work of reconstruction or alteration 
 shall be done with reasonable dispatch, and facilities shall be 
 provided so that said work will interfere as little as possible 
 with the practical working and use of such structures. 
 
 34 
 
SPECIFICATIONS SURFACE, SUBSURFACE AND OVERHEAD 
 STRUCTURES 
 
 SECTION No. 55. The Contractor shall at all times, by 
 suitable bridging or other supports, maintain and support in an 
 entirely safe condition for the usual service and to the reasonable 
 satisfaction of the owners, all surface, subsurface and overhead 
 structures and all their appurtenances encountered or affected 
 during the prosecution of his work; if the maintenance of such 
 usual service makes it necessary, the Contractor shall temporarily 
 remove and relay or reconstruct any such surface, subsurface or 
 overhead structure and shall restore the same prior to the com- 
 pletion of this contract. All surface, subsurface and overhead 
 structures and all their appurtenances and all surfaces of what- 
 ever character along the line of the work shall be protected from 
 injury, and the Contractor shall fully restore such surface, sub- 
 surface and overhead structures and all their appurtenances and 
 all such surfaces to, and shall leave them in, as useful, safe, 
 durable and good a condition as existed before construction was 
 begun. All the above, including also all changes of surface, 
 subsurface and overhead structures and their appurtenances made 
 by the Contractor for his own convenience in executing his work, 
 shall be done at the Contractor's own expense and shall be 
 deemed to be included in the prices stipulated in the Schedule 
 for excavation except as otherwise herein specifically provided. 
 
 SECTION No. 56. All- work in connection with rebuilding 
 sewers or their appurtenances which may be required to be 
 rebuilt because of physical interference with the Storm Drain 
 shall conform to the standard requirements of the Bureau of 
 Sewers, Borough of Queens. Such work, also all work in con- 
 nection with changes in surface, subsurface and overhead struc- 
 tures, made necessary because of the physical interference of such 
 structures with the Storm Drain, will be paid for at the prices 
 stipulated for the various classes of work or material applicable 
 thereto in the Schedule of Unit Prices or if, in the opinion of 
 the Engineer, not susceptible of such classification, then as pro- 
 vided in Article XII. 
 
 35 
 
SPECIFICATIONS SURFACE, SUBSURFACE AND OVERHEAD 
 
 STRUCTURES 
 
 SECTION No. 59. The Contractor shall maintain and sup- 
 port, both temporarily and permanently, in a safe condition for 
 continuous operation all surface and elevated railroads along the 
 line of or crossing the line of the work, including ducts, cables, 
 poles and all other appurtenances of such railroads. 
 
 Payment for the support and maintenance of surface and 
 elevated railroads shall be deemed to be included in the prices 
 stipulated for excavation. 
 
 SECTION No. 60. In the event of the owners or the City 
 desiring to make any addition, alteration or extension to their 
 structures or to do any work to or in connection with surface, 
 subsurface or overhead structures owned by them or it or to lay 
 any new structure in or across a street occupied by the Works, 
 at the time the work under this contract is in progress, the Con- 
 tractor, by written permission, shall give said owners or the City 
 all reasonable opportunity to perform such work; provided such 
 work or alteration for the benefit solely of the owners of subsur- 
 face structures does not cause the Contractor any serious loss or 
 delay, as shall be determined by the Commission. The written 
 permission from the Contractor, with three (3) prints of draw- 
 ings or sketches or a description indicating the proposed work 
 in detail, shall be submitted to and approved by the Engineer 
 before any work shall be proceeded with under such written 
 permission. 
 
 36 
 
SUBDIVISION 5 
 EXCAVATION 
 
 SECTION No. 61. Special care must be taken to avoid dam- 
 age wherever excavation is being done. The width of such 
 excavation shall not exceed the width actually necessary, in 
 the opinion of the Engineer, for the proper prosecution of the 
 work. All excavations shall be of such width, in addition to 
 that of the Storm Drain, 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 and contiguous to the Storm Drain. 
 
 SECTION No. 62. Excavation shall be carried to such depth, 
 both in soft ground and in rock, as may be necessary to permit 
 the laying of such concrete bed, special foundation or drain pipes 
 as may be deemed necessary by the Engineer. 
 
 SECTION No. 63. The sides of the excavations shall be se- 
 cured against slips by suitable sheet piling or sheeting, held in 
 place by braces, shores or waling timbers, special precautions 
 being taken where there is additional pressure due to the presence 
 of street railroad tracks or other structures. 
 
 SECTION No. 64. Sheeting shall be driven wherever pos- 
 sible, but when it is placed against the sides of the excavation, 
 the spaces or voids back of the sheeting must be immediately 
 and carefully filled with suitable material to prevent as far 
 as possible the natural ground back of the sheeting from mov- 
 ing. 
 
 SECTION No. 65. No payment will be made for sheeting 
 left in the ground or in the work, unless the Engineer shall in 
 writing require it to be left in, in which case payment will be 
 made for the sheeting so left in as measured by the Engineer, 
 at one-half the current market price for new material of the same 
 
 37 
 
SPECIFICATIONS EXCAVATION 
 
 grade, character and dimensions, and without any allowance or 
 payment for placing the same. 
 
 SECTION No. 66. All timber used for sheeting, shoring, brac- 
 ing, decking or other temporary purposes shall be sound and free 
 from any defects that may impair its strength. It shall be 
 provided, placed and removed at the Contractor's own cost and 
 expense. The top or wearing surface of all decking used for 
 carriageways shall be of hard, yellow pine (unless otherwise 
 permitted), sound, straight and free from all shakes and large, 
 loose knots. All sheeting 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 
 endangering the adjoining soil. 
 
 SECTION No. 67. The removal, where necessary, of all walls 
 and other parts of vaults of abutting property along the route 
 of the Storm Drain that are within the ordered net lines of 
 excavation shall be considered as earth excavation as provided 
 in Section No. 79, but the restoration of all such walls and other 
 parts of vaults originally within the ordered net lines of excava- 
 tion, when, in the opinion of the Engineer, susceptible of classifi- 
 cation, will be paid for at the unit prices stipulated in the Schedule 
 applicable, in the opinion of the Engineer, to the several classes 
 of work and material involved in such restoration; or when, in 
 the opinion of the Engineer, not susceptible of classification such 
 work will be paid for under Article XII. 
 
 The above is not to be construed, however, as applicable to 
 any work beyond the ordered net lines of excavation, which shall 
 be done at the Contractor's own cost and expense. 
 
 SECTION No. 69. Ledge rock in place, concrete of the exist- 
 ing structure and boulders whose volume within the ordered 
 net lines of excavation is half a cubic yard or more each will be 
 considered as rock excavation. 
 
 SECTION No. 70. Whenever rock is encountered in the 
 trench, it shall be stripped of earth in sections not less than twenty 
 
 38 
 
SPECIFICATIONS EXCAVATION 
 
 (20) feet in length and the Engineer shall be duly notified in 
 order that he may measure or cross-section the same. 
 
 SECTION No. 71. Whenever rock or material requiring blast- 
 ing is encountered, all necessary precautions must be exercised 
 by the Contractor, as required by the ordinances of the City 
 relative to blasting. Explosives shall be used only of such char- 
 acter and strength as may be permitted by the Commission, and 
 the right is reserved for the Engineer to direct that in special 
 cases ordinary blasting powder only, in small charges, shall be 
 used. Blasting shall not be done between the hours of 11 P. M. 
 and 7 A. M. without the express permission of the Engineer and 
 then only under such restrictions as he may impose. 
 
 SECTION No. 72. The Contractor shall provide at his own 
 expense such magazines and magazine houses for the storage 
 of explosives in such localities and in such manner as may be 
 approved by the proper authorities in charge of such matters. 
 No larger quantity of 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 it shall be kept under lock, the key 
 to which shall be in the hands of only the foreman or other 
 equally trustworthy person. The amount of explosives kept in 
 any one place shall not exceed the limit permitted by any ordi- 
 nance of the City or as may be determined by the Commission. 
 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 manipulation of 
 dynamite. 
 
 SECTION No. 73. Whenever any subsurface structure is en- 
 countered in or alongside of 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. 
 
 SECTION No. 74. Any excess excavation in the bottom of 
 the trench, whether in earth or in rock, below the net line of 
 
 39 
 
SPECIFICATIONS EXCAVATION 
 
 excavation, shall be replaced by a compacted backfill of the 
 character specified in Section No. 84, placed at the Contractor's 
 own expense. 
 
 SECTION No. 75. Whenever water is encountered in trenches, 
 it shall be removed by bailing or pumping, great care being 
 taken when pumping that the surrounding particles of soil be 
 not disturbed or removed. The discharge from all pumps shall 
 be conducted into the adjacent sewers, and the discharge pipes 
 shall be so arranged as to be readily inspected at all times to 
 ascertain if the water is free from particles of soil. 
 
 SECTION No. 76. All carts, buckets and other vehicles used 
 by the Contractor for the removal of material, shall be tight 
 and so arranged and so loaded as not to spill. Whenever a 
 cart, bucket or other vehicle so used is leaky or unsuitable, it 
 shall be immediately withdrawn from the work on notification 
 by the Engineer. 
 
 SECTION No. 77. Excavated material not required for back- 
 filling shall be removed expeditiously and disposed of, in any 
 place selected by the Contractor, subject to the ordinances and 
 regulations of the City authorities governing the disposal of such 
 material and the regulations of the United States Government 
 as to the disposal or dumping of material in and about or near 
 the Harbor of New York. 
 
 SECTION No. 78. All curb, gutter, flagging, paving and 
 macadam stones, necessary to be removed, which in the judg- 
 ment of the Engineer are suitable to be used again, shall be 
 stored in such places as the Engineer shall direct, or shall be 
 removed as provided in these specifications ; in all cases a pas- 
 sageway on the sidewalks and in the roadway shall be preserved 
 free from obstructions. 
 
 SECTION No. 79. Earth excavation includes the excavation of 
 all materials of whatever nature encountered in the trenches, 
 excepting ledge rock in place, concrete of the existing structure 
 
 40 
 
SPECIFICATIONS EXCAVATION 
 
 and boulders whose volume within the ordered net lines of ex- 
 cavation is half a cubic yard or more each. 
 
 SECTION No. 80. No deduction from the volume of exca- 
 vation determined by the ordered net lines of excavation will be 
 made on account of vault space or spaces occupied by pipes and 
 other subsurface structures. Under no circumstances will a 
 double allowance be made for any excavation. 
 
 SECTION No. 81. There will be no measurement or allowance 
 made nor money paid for excavation outside (below or wider 
 than) the net measurement lines as provided in Section No. 82, 
 except as provided in this Section No. 81 for test pits ; and no 
 allowance will be made for any excess excavation caused by slips 
 or slides. It is understood and agreed that for all such matters 
 the Contractor has estimated and allowed in the unit prices of 
 the Schedule. 
 
 If ordered by the Engineer, the Contractor shall dig test pits 
 in advance of the excavation of the Storm Drain, to determine 
 the location of subsurface structures. Payment for excavation 
 and street surface restored in connection with these test pits 
 will be made at the prices stipulated in Schedule Items 2-A 
 and 30, measurement for payment being made to the lines of 
 excavation ordered by the Engineer. 
 
 SECTION No. 82. The ordered net lines of excavation and 
 the measurements for payment for excavation will be deter- 
 mined as follows : 
 
 (1) In the estimate and payment for earth and rock exca- 
 vation for pipe laying, both for the Storm Drain and for 
 subsurface structures required to be removed, relaid or re- 
 constructed in other than their original locations or otherwise 
 changed because of their physical interference with the Storm 
 Drain, allowance will be made in earth and in rock for a width 
 of trench two (2) feet wider than the interior diameter of the 
 pipe and a depth six (6) inches deeper than the invert of the pipe, 
 measured from the surface of the street on the line of the trench. 
 
 41 
 
SPECIFICATIONS EXCAVATION 
 
 In no case, however, shall the trench be less than three (3) feet 
 in width. 
 
 (2) In the building of Storm Drain manholes and of valve 
 chambers and for the setting of valves, valve boxes and hy- 
 drants, the total excavation to be allowed will be the volume 
 within the smallest rectangular prism having vertical sides that 
 will enclose the net outside lines of such manholes, valve cham- 
 bers, valves, valve boxes or hydrants and be not more than six 
 (6) inches horizontally distant therefrom, the depth being taken 
 as the distance from the street surface to the lowest part of the 
 structure or appurtenance. 
 
 (3) In the estimate and payment for excavation for conduit 
 and duct laying and for the building of duct manholes, vaults, 
 service boxes and their appurtenances, for conduits and ducts 
 required to be removed, relaid or reconstructed in other than 
 their original locations or otherwise changed because of their 
 physical interference with the Storm Drain, allowance will be 
 made in earth and in rock for a width of trench eight (8) inches 
 wider than the duct bank or other structure, the depth measured 
 on the line of the trench being taken as the distance from the 
 street surface to the lowest part of the structure ; provided, how- 
 ever, that if such conduits or ducts shall consist of a single con- 
 duit or a group of conduits not encased in concrete, then the 
 ordered net lines of excavation and the measurements for exca- 
 vation shall include the total excavation from the street surface 
 to the extreme bottom of such single conduit or group of con- 
 duits within vertical planes one (1) foot outside the net outside 
 lines of such single conduit or group of conduits. 
 
 (4) For all other subsurface structures the ordered net lines 
 of excavation shall be as directed by the Engineer. 
 
 (5) At the intersection of two trenches or at the intersection 
 of a pipe or other trench with an excavation made by the Con- 
 tractor under orders from the Engineer for any purpose what- 
 soever, the cubical contents of the intersection will be allowed 
 only once. Under no circumstances will a double allowance be 
 made for any excavation. 
 
 Excavation for the Storm Drain and for all subsurface struc- 
 tures required to be removed, relaid or reconstructed in other 
 
 42 
 
SPECIFICATIONS EXCAVATIONS 
 
 than their original locations or otherwise changed because of 
 their physical interference with the Storm Drain will be paid for 
 at the prices stipulated in Schedule Item 2-A for excavation in 
 earth and Schedule Item 3-A for excavation in rock. 
 
 SECTION No. 83. The prices stipulated for excavation in 
 Schedule Items 2-A and 3-A shall include the cost of the dis- 
 posal of the materials excavated, of backfilling, of all decking 
 and bridging, of all sheeting and bracing, and of maintaining and 
 supporting of trenches during and after excavation, of all pump- 
 ing and bailing, and of the maintenance and support, with all 
 incidental work, 'labor and material of any kind, of all surface, 
 subsurface and overhead structures and surfaces of whatever 
 nature and their appurtenances. 
 
 43 
 
SUBDIVISION 6 
 BACKFILLING 
 
 SECTION No. 84. The trenches at the sides of and over the 
 top of the Storm Drain and wherever backfilling is necessary 
 shall be backfilled with sand, gravel or other good, clean earth, 
 free from perishable material and from stones exceeding six (6) 
 inches in diameter, and not containing in any place a proportion 
 of stone of or below that size exceeding one (1) part of stone 
 to five (5) parts of earth. The filling shall be compacted by 
 flooding with water or by ramming in layers not exceeding six 
 (6) inches in depth as required by the Engineer. 
 
 SECTION No. 85. Whenever pipes, sewers or other subsur- 
 face structures are met, the filling must be carefully packed, 
 rammed and tamped under and about such subsurface structures, 
 special tools being used for the purpose. No filling of trenches 
 with frozen earth will in any case be permitted nor will any filling 
 be permitted over frozen material. 
 
 As fast as the work of filling permits, sheeting and other 
 timber supporting the sides of the excavation shall be carefully 
 withdrawn, and the spaces left by the removal of such material 
 carefully backfilled, but if directed by the Engineer, the sheeting 
 shall be left in place. 
 
 SECTION No. 86. The cost of backfilling is deemed to be in- 
 cluded in the prices stipulated for earth and rock excavation, in 
 Schedule Items 2-A and 3-A. 
 
 44 
 
SUBDIVISION 7 
 TIMBER FOUNDATIONS 
 
 SECTION No. 87. Timber grillage foundations shall be built 
 if so directed by the Engineer. 
 
 All foundation timber shall be of pine, spruce, or other timber 
 permitted by the Engineer, sound and free from shakes. It 
 shall be of such dimensions and laid in such manner as the spe- 
 cial drawings to be issued shall require, and shall be held in place 
 by bolts, spikes or good, seasoned oak or locust treenails. 
 
 No wastage will be allowed for, and the estimate of the 
 quantities of foundation timber used will be based on the amount 
 ordered by the Engineer and placed according to his directions. 
 Payment for foundation timber will be made at the price stipu- 
 lated in Schedule Item 13. 
 
SUBDIVISION 8 
 CEMENT 
 
 SECTION No. 88. All cement used in the work shall be true 
 Portland cement, by which is meant the finely pulverized product 
 resulting from the calcination to incipient fusion of a properly 
 proportioned intimate mixture of argillaceous and calcareous 
 earths or rocks to which no addition greater than three per 
 centum (3%) has been made subsequent to calcination. 
 
 SECTION No. 89. Before any cement is furnished, the brand 
 shall receive the approval of the Engineer. Cement, to be ac- 
 ceptable, shall be of a well-known brand which has been in suc- 
 cessful use for large engineering works in America for at least 
 five (5) years, and which has an established reputation for uni- 
 form character. Preference will be given to cements which, by 
 their records, show a tendency to maintain high strength of 
 mortar with increased age. 
 
 SECTION No. 90. Cement shall be subject to inspection at 
 the place of manufacture or on the work, and to such tests as 
 may be ordered by the Engineer. The Engineer or his repre- 
 sentative shall have access at all times and places to inspect the 
 methods of manufacture, storage and protection, and shall have 
 liberty to inspect the daily laboratory records of tests and analyses 
 at the cement works. 
 
 SECTION No. 91. In general, tests will conform to the meth- 
 ods recommended by the Committee on Uniform Tests of Ce- 
 ment of the American Society of Civil Engineers. Unless other- 
 wise directed, samples will be taken at the place of manufacture 
 by a representative of the Engineer, and sent to the Commission's 
 laboratory, where the tests will be made. If required, tests 
 will be made on the individual samples, without intermixing. 
 
 SECTION No. 92. The cement shall have a specific gravity 
 of not less than 3.10 nor more than 3.25 after being thoroughly 
 dried at a temperature of 212 degrees Fahr. The color shall 
 be uniform, bluish gray, free from yellow or brown particles. 
 
 46 
 
SPECIFICATIONS CEMENT 
 
 SECTION No. 93. Chemical analyses of cement made from 
 time to time shall show a reasonably uniform composition. Ce- 
 ment shall contain not more than one and three-fourths per 
 centum (l^%) of sulphuric anhydride (SO 3 ) nor more than 
 four per centum (4%) of magnesia (MgO). 
 
 SECTION No. 94. The fineness of the cement shall be such 
 that it shall leave by weight a residue of not more than eight per 
 centum (8%) on a 100-mesh sieve and not more than twenty- 
 five per centum (25%) on a 200-mesh sieve; the wires of the 
 sieves being respectively 0.0045 and 0.0024 inch in diameter. 
 
 SECTION No. 95. It shall develop initial set in not less than 
 thirty (30) minutes unless a more quickly-setting cement is spe- 
 cifically required, and shall develop hard set in not less than one 
 (1) hour nor more than ten (10) hours. 
 
 SECTION No. 96. Pats of neat cement, after remaining one 
 (1) day in moist air, shall be kept in air or water of normal 
 temperature for at least twenty-eight (28) days, or shall be ex- 
 posed to an atmosphere of steam, above boiling water, in a loosely 
 closed vessel for at least five (5) hours; and the separate parts 
 under any of these conditions shall remain hard without any 
 indications of checking, cracking, distortion, disintegration or 
 blotching. 
 
 SECTION No. 97. Neat cement briquettes shall have at the end 
 of one (1) day in moist air a breaking strength, per square inch 
 of sectional area, of not less than one hundred and fifty (150) 
 Ibs. ; at the end of seven (7) days one (1) day in air, six 
 (6) days in water of not less than five hundred (500) Ibs.; 
 at the end of twenty-eight (28) days one (1) day in air, twenty- 
 seven (27) days in water of not less than six hundred (600) 
 Ibs. The strength at twenty-eight (28) days shall be not less 
 than that at seven (7) days. 
 
 Mortar briquettes, composed of one (1) part of cement and 
 three (3) parts of standard Ottawa sand, by weight, shall have 
 at the end of seven (7) days one (1) day in air, six (6) days 
 
 47 
 
SPECIFICATIONS CEMENT 
 
 in water a breaking strength, per square inch of sectional area, 
 of not less than two hundred (200) Ibs. ; and at the end of twenty- 
 eight (28) days one (1) day in air, twenty-seven (27) days 
 in water of not less than three hundred (300) Ibs. The strength 
 at twenty-eight (28) days shall show an increase of not less 
 than fifty (50) Ibs. over the strength at seven (7) days. 
 
 SECTION No. 98. Tests will be made from time to time ex- 
 tending over longer periods than twenty-eight (28) days. If such 
 tests show a tendency to unsoundness or unusual reduction in 
 strength with increased age, the Engineer shall have the right 
 to prohibit the further use of that brand and to require that an- 
 other brand be substituted. 
 
 SECTION No. 99. All cement shall be held in storage to allow 
 ample time for tests to be made before the cement is required for 
 use in the work. 
 
 SECTION No. 100. Cement shall be packed and delivered in 
 canvas sacks or other strong, well-made packages, plainly marked 
 with the manufacturer's brand, and sealed in an approved man- 
 ner. The weights of such packages shall be uniform. 
 
 SECTION No. 101. The Contractor shall at all times keep in 
 store on the work, or at some point convenient thereto, an abun- 
 dant supply of cement, so as to guard against possible shortage. 
 It shall be stored in a weather-tight building, with a tight floor 
 a proper distance above the ground. Cement that has become 
 partially set or otherwise damaged shall not be used. 
 
 48 
 
SUBDIVISION 9 
 MORTAR 
 
 SECTION No. 102. All mortar shall be prepared from cement 
 and sand approved by the Engineer. These ingredients shall be 
 thoroughly mixed dry in the proportions specified below; suf- 
 ficient water shall then be added to produce a stiff paste. Water 
 used in mortar, grout or concrete must be clean, fresh water. 
 Salt water will not be permitted. The mortar shall be freshly 
 mixed for the work in hand, in proper boxes made for that pur- 
 pose, and no mortar shall be used that has stood beyond such 
 limit of time as may be determined by the Engineer. 
 
 Sand used for mortar shall be clean, and shall be graded from 
 fine to coarse to the satisfaction of the Engineer. It shall con- 
 tain no grains which will not pass a one- fourth (J4) inch mesh 
 sieve, nor more than six per centum (6%) by weight which will 
 pass a 100-mesh sieve. 
 
 Sand shall be of such quality that mortar composed of one 
 (1) part of Portland cement and three (3) parts of sand by 
 weight will have a tensile and compressive strength equal to mor- 
 tar of the same consistency made from one (1) part of the same 
 kind of cement and three (3) parts of standard Ottawa sand. 
 
 SECTION No. 103. For purposes of mixture, three hundred 
 and seventy-five (375) pounds of Portland cement shall be es- 
 timated at three and one-half (3^) cubic feet of volume. 
 The proportions for brick and stone masonry shall be one (1) 
 part cement to two (2) parts sand; for pointing, one (1) part 
 cement to one (1) part sand; for concrete masonry, as specified 
 under the head of concrete; and for other classes of work, as 
 directed by the Engineer. 
 
 49 
 
SUBDIVISION 10 
 CONCRETE 
 
 SECTION No. 106. The concrete shall be composed of gravel 
 or broken stone, or a mixture of both, free from all dust and 
 dirt, mixed with the proportion of mortar specified below. The 
 water used in mixing concrete shall be clean, fresh water. Salt 
 water will not be permitted. 
 
 SECTION No. 107. Sand for concrete shall be of the kind 
 specified for mortar in Subdivision 9. 
 
 SECTION No. 108. Stone for concrete shall be sound, clean 
 gravel, or sound, hard, broken limestone or trap rock, or a mix- 
 ture of such gravel and broken stone. If a mixture of gravel 
 and broken stone is used the Engineer may require that the 
 gravel and broken stone be stored separately on the work and 
 mixed in single batches as needed. 
 
 SECTION No. 109. The gravel or broken stone or the mix- 
 ture of gravel and broken stone shall be graded from fine to 
 coarse, and that which is all of one size, or practically so, shall 
 not be used. It shall be screened or washed so as to remove 
 all dust, and it shall contain no pieces that will pass through 
 a hole three-eighths (^) of an inch in diameter, and no pieces 
 that will not pass through a hole one and three- fourths (1%) 
 inches in diameter. Broken stone or gravel for concrete, graded 
 as above, but between three-eighths (%) and three-fourths (^4) 
 of an inch in diameter, may be required for use in special parts 
 of the work. 
 
 SECTION No. 110. The proportion of sand and stone (or 
 gravel) used in making concrete shall be by volume as cast into 
 the measuring box. Concrete shall be in the proportion of one 
 (1) part of cement, two (2) parts of sand and four (4) parts of 
 stone. 
 
 SECTION No. 111. Concrete shall not be mixed on the sur- 
 face of the street or decking on the line of the work, unless 
 specifically permitted, but the mixing shall be done as close as 
 
 50 
 
SPECIFICATIONS CONCRETE 
 
 practicable to the work -so as to avoid too great a lapse of time 
 between the mixing and placing of the concrete. 
 
 SECTION No. 112. When concrete is mixed by hand the 
 stone or gravel shall be spread on a platform in a bed about 
 six (6) inches thick, and shall be thoroughly wet. Sand shall 
 be spread on a platform and the requisite portion of cement 
 spread on the sand. After thoroughly mixing the cement and 
 sand, the dry mixture thus formed shall be spread evenly over 
 the bed of stone wet as above, and the whole turned over until 
 thoroughly mixed, but not less than four (4) turnings on the 
 mixing board will be allowed in any case, water being added as 
 necessary. Care shall be taken to keep the bed of concrete wet 
 and avoid piling. 
 
 SECTION No. 113. Concrete shall be placed immediately 
 after mixing, and shall be thoroughly compacted throughout 
 the mass by ramming or spading, special tamping bars or tools 
 being used as approved by the Engineer. The amount of water 
 used in making the concrete shall be as approved by the En- 
 gineer. 
 
 SECTION No. 114. Concrete shall be allowed to set for 
 twelve (12) hours, or more, if so directed, before any work 
 shall be laid upon it ; arid no walking over or working upon it will 
 be allowed while it is setting. Concrete shall not be flooded 
 with water before it has thoroughly set. 
 
 SECTION No. 115. Before laying concrete on rock surfaces 
 the latter shall be swept clean of all debris and dirt, and when laid 
 on earth the earth shall be rammed as directed before placing 
 the concrete. 
 
 SECTION No. 116. Wherever a section of concrete is neces- 
 sarily left unfinished, leaving a surface which will be hard set 
 before additional concrete can be laid, care shall be taken to 
 flush the cement to such surface, and such dovetails or grooves 
 shall be formed as may be necessary to insure a good bond 
 
 51 
 
SPECIFICATIONS CONCRETE 
 
 with the new work. If deemed necessary by the Engineer, the 
 joints shall be reinforced with steel bars or dowels, furnished 
 and placed by the Contractor at his own expense. 
 
 SECTION No. 117. In all cases of joining old with new work 
 the old surfaces shall be thoroughly cleaned and wet and if 
 required, a coating of mortar or cement shall be applied before 
 placing the concrete. 
 
 SECTION No. 118. Suitable forms shall be provided by the 
 Contractor to support the concrete while it is being placed. 
 
 SECTION No. 119. Forms shall be set true to line, firmly 
 secured, and shall be so tight as to prevent water in the mortar 
 from escaping; they shall be thoroughly wet before the con- 
 crete is placed and shall be removed as soon after the concrete 
 has been placed as in the judgment of the Engineer may be done 
 with safety to the work. 
 
 SECTION No. 120. It is intended to obtain concrete im- 
 pervious to water ; the concrete shall be mixed and deposited 
 with this end in view, and the surface of the concrete shall be 
 troweled as may be directed in order to add to its imperviousness. 
 
 SECTION No. 121. Concrete masonry, except in Storm Drain 
 manholes, will be measured in place in the work to the prescribed 
 net lines ordered by the Engineer and will be paid for at the 
 price stipulated in Schedule Item 6, which price shall include 
 the cost of all scaffolding, centers, forms, etc., and removing 
 the same, all trowelling where required, and all other incidental 
 work, labor and material. Where called for on the contract 
 drawings, or ordered by the Engineer, the Contractor shall fur- 
 nish and place steel reinforcing rods or bars, of the length and 
 size, and in the location, required. Such rods and bars in place 
 will be paid for at the price stipulated in Schedule Item 211. 
 
 All pipes or other objects, encased in or partially surrounded 
 by the concrete masonry, (with the exception of reinforcing 
 rods or bars) shall be deemed to lie outside of the ordered net 
 lines, and their volume shall not be included in that allowed for 
 payment. 
 
 52 
 
SUBDIVISION 11 
 BRICK MASONRY 
 
 SECTION No. 122. Bricks for masonry shall be of the best 
 quality common bricks burned hard entirely through, regular 
 and uniform in shape and size and of compact texture. 
 
 SECTION No. 123. All brick masonry shall be laid in mortar 
 of the quality described in Subdivision 9, except that in ex- 
 posed locations coloring matter may be added, if required by the 
 Engineer. The bricks shall be laid to line with joints in the face 
 work not exceeding one-quarter (%) of an inch in the beds, and 
 three-eighths (^) of an inch on ends ; the bricks shall be thor- 
 oughly wet before laying and shall be completely imbedded in 
 mortar under the bottom and on the sides and ends at one opera- 
 tion, care being taken to have every joint full of mortar. 
 
 All exterior surfaces shall be smooth and regular. 
 
 SECTION No. 124. The inside faces of all exposed parts 
 shall have all the mortar scraped off, shall be washed clean 
 immediately after the centers have been struck, and shall be 
 pointed and left in neat condition. 
 
 SECTION No. 125. All bricks of whatever nature shall be 
 carefully culled and if necessary gauged before laying, at the 
 expense of the Contractor. No "bats" shall be used except in 
 large masses of brick-work, where a moderate proportion, to 
 be determined by the Engineer, may be used, but nothing smaller 
 than half bricks. 
 
 SECTION No. 126. All unfinished work shall be racked back 
 or toothed, as directed by the Engineer, and before new work 
 is joined to it the faces of the brick in the old work shall be 
 scraped entirely clean, scrubbed with a stiff brush and shall be 
 well moistened. 
 
 SECTION No. 127. The cost of brick masonry of whatever 
 kind is deemed to be included in the prices stipulated for vitri- 
 fied and cast-iron drain pipe in Schedule Items 17 and ly-A. 
 
 53 
 
SUBDIVISION 12 
 STEEL AND IRON 
 
 SECTION No. 128. Steel shall be made by the open-hearth 
 process. 
 
 SECTION No. 129. The chemical and physical properties of 
 finished material shall conform to the following limits : 
 
 Properties. 
 
 Structural 
 Steel. 
 
 Rivet 
 Steel. 
 
 Steel 
 Castings. 
 
 Phos (Max) 
 
 04% 
 
 04% 
 
 05% 
 
 Sulph. " 
 Mn. " 
 Si. " 
 Ult. Str 
 
 .05% 
 .60% 
 .10% 
 60000+4000 
 
 .04% 
 .60% 
 .10% 
 50000+4000 
 
 .05% 
 .80% 
 .35% 
 65000 (Min.) 
 
 Yield Point (Min.) 
 Elongation, Min. % in 8 
 
 55% Ult. 
 1500000 
 
 55% Ult. 
 1500000 
 
 35000 
 
 Elongation, Min. % in 2 
 inches 
 
 Ult. Ten. Str. 
 
 Ult. Ten. Str. 
 
 20% 
 
 Fracture 
 
 Silky 
 
 Silky 
 
 Silky or 
 
 Cold Bends without 
 Fracture 
 
 180 flat 
 
 180 flat 
 
 Fine granular 
 120 (d=3t ) 
 
 
 
 
 
 WROUGHT IRON 
 
 SECTION No. 130. All wrought iron shall be double rolled, 
 tough, fibrous and uniform in character. It shall be thoroughly 
 welded in rolling and shall be free from surface defects. 
 
 Standard test specimens shall show an ultimate strength 
 of at least fifty thousand (50,000) pounds per square inch, and 
 an elongation of at least eighteen per centum (18%) in eight 
 (8) inches, with fracture wholly fibrous. Specimens shall bend 
 cold with the fibre, through one hundred and thirty-five degrees 
 (135), without sign of fracture, with inner radius not to ex- 
 ceed the thickness of the piece tested. When nicked and bent 
 the fracture shall show at least ninety per centum (90%) fibrous. 
 
 54 
 
SPECIFICATIONS STEEL AND IRON 
 
 CAST IRON 
 
 SECTION No. 131. Cast iron shall be tough, gray iron made 
 by the cupola process and shall contain not more than six-tenths 
 per centum (0.6%) of phosphorus and not more than twelve 
 one-hundredths per centum (0.12%) of sulphur. No mill cinder 
 iron, white or burnt iron or inferior scrap of any kind will be 
 permitted in the composition. 
 
 The quality of' the iron entering into castings shall be deter- 
 mined by means of the "Arbitration Bar." This is a bar one 
 and one-fourth (1J4) inches in diameter and fifteen (15) inches 
 long, cast under the same circumstances as those which attended 
 the casting of the full-sized piece. This bar shall sustain at the 
 center, when resting upon two dull knife edges twelve (12) 
 inches apart, a load of three thousand (3000) pounds with a 
 deflection of at least one-tenth (1/10) of an inch before rup- 
 ture. 
 
 Two (2) sets of two (2) bars shall be cast from each heat; 
 one set from the first and the other set from the last iron en- 
 tering into the castings. Each set of two bars shall be made in 
 a single mold. 
 
 SECTION No. 132. Castings must be sound, true to pattern, 
 free from cracks, flaws and excessive shrinkage, and shall have 
 smooth, clean surfaces. They must be neatly chiseled and wire- 
 brushed before leaving the foundry. Castings which do not ac- 
 curately conform to dimensions on the drawings will be rejected. 
 Each casting shall have its distinguishing letter or number cast 
 on it at the place indicated on the drawings. 
 
 WORKMANSHIP 
 
 SECTION No. 133. The workmanship shall be equal to the 
 best practice in modern bridge works. 
 
 SECTION No. 134. The Inspector shall make detailed re- 
 ports of his inspection to the Engineer and may notify the Con- 
 
 55 
 
SPECIFICATIONS STEEL AND IRON 
 
 tractor of any defects in the material or workmanship, but all 
 acceptances made by him shall be considered temporary, and 
 his inspection shall in no way relieve the Contractor of full 
 responsibility for the character and accuracy of the work. 
 
 SECTION No. 135. The Contractor shall be responsible for 
 all errors which can be discovered by checking or examining 
 the drawings. 
 
 SECTION No. 136. Payment for steel will be made at the 
 price stipulated in Schedule Item 21, which price shall include 
 the cost of material delivered and erected in the work, of all 
 necessary cleaning and of all other incidental work. The quan- 
 tity of metal to be paid for shall be the weight actually placed 
 in accordance with the drawings or orders. 
 
 SECTION No. 137. For miscellaneous castings payment will 
 be made at the price stipulated in Schedule Item 25, which 
 price shall include the cost of material delivered and erected in 
 the work; also the cost of all necessary cleaning and painting 
 (where painting is required) and of all other incidental work, 
 labor and material. 
 
 56 
 
SUBDIVISION 13 
 SURFACES RESTORED 
 
 SECTION No. 138. As soon as the structure in any excavation 
 or trench made within a street shall be completed and the trench 
 backfilled, a temporary pavement shall be laid and maintained 
 in a condition satisfactory to the Engineer; and after the earth 
 shall, in the opinion of the Engineer, have become sufficiently 
 settled, the Contractor shall proceed to restore the surface to 
 a condition similar to, and equally as good as, that existing 
 previous to the commencement of construction. 
 
 All the requirements as to street surface restored shall apply 
 to the trenches for sewers, pipes or other subsurface structures 
 along or off the route of the Storm Drain. 
 
 SECTION No. 139. Payment for street surface restored of 
 whatever character and work, labor and material incidental 
 thereto, such as restoring manhole heads and covers, trees, etc., 
 (except as included in Schedule Item 25) and such as provid- 
 ing and maintaining all temporary surfaces that may be neces- 
 sary to maintain traffic pending the final placing of the permanent 
 paving, will be made at the price stipulated in Schedule Item 
 30 (h), 
 
 The foregoing provisions of this Subdivision apply only to 
 the restoration of street surfaces where paved roadways, gutters 
 or sidewalks actually exist at the time of the delivery of this 
 contract. In cases where only the ordinary dirt roadway or 
 sidewalks exist and in cases where no roadway or sidewalks 
 exist, the Contractor will be required to backfill and restore 
 such surfaces to their original grades and conditions at his own 
 expense except that for restoring curbs where only the ordinary 
 dirt roadway or sidewalks exist, payment will be made at the 
 price stipulated in Schedule Item 30 (o), which price shall in- 
 clude all incidental work, labor and material. 
 
 SECTION No. 140. The measurement for payment for street 
 surface restored will be to the ordered net lines of excavation. 
 
 SECTION No. 141. All other street surface outside the or- 
 dered net lines of excavation, either along or off the route of the 
 
 57 
 
SPECIFICATIONS SURFACES RESTORED 
 
 Storm Drain, that may have become damaged, directly or in- 
 directly, as a result of the Contractor's operations, shall be re- 
 stored by the Contractor at his own cost and expense to a con- 
 dition similar to and equally as good as that existing previous 
 to the commencement of construction. 
 
 58 
 
SUBDIVISION 14 
 DRAIN PIPES AND MANHOLES 
 
 SECTION No. 142. Unless otherwise ordered by the Engi- 
 neer, the drain pipe shall consist of hub and spigot vitrified earth- 
 enware pipe of the quality hereinafter specified. Connections 
 shall consist of vitrified earthenware pipe and cast-iron soil pipe 
 of the quality hereinafter specified. Outlets shall include one 
 length of cast-iron pipe. Pipes shall be laid as required by 
 these Specifications and as shown on the contract drawings, or 
 as directed by the Engineer. 
 
 SECTION No. 143. Except in special cases all pipes shall be 
 laid in the earth at the bottom of the trench accurately to the 
 lines and grades furnished. Bearing shall be taken upon the 
 barrel of each pipe for its entire length, and in no case shall the 
 pipe take bearing upon the hub alone. No boulders, concrete 
 or other hard object shall be permitted within six (6) inches 
 of the outside surface of the pipe in any direction, except where 
 the pipe is encased in concrete, unless otherwise directed by 
 the Engineer. The ends of the pipe shall abut against each 
 other in such manner that there shall be no shoulder or uneven- 
 ness of any kind along the invert of the drain. The joints shall 
 be made with Portland cement mortar, composed of one (1) 
 part of cement and one (1) part of sand, and shall be as nearly 
 water tight as possible. The procedure in making the joint 
 shall be as follows: 
 
 Before inserting the spigot end of the pipe into the hub or 
 socket, the lower half of each socket shall be plastered on the 
 inside with a layer of cement mortar mixed as above specified. 
 Into this shall be pressed the loop of a hemp or jute gasket of 
 one continuous piece long enough to surround the pipe, and of 
 such thickness as to bring the pipe to the required relative posi- 
 tion. The gasket shall be of untarred jute or hemp, and shall 
 be soaked in a satisfactory mixture of neat Portland cement 
 and water. The spigot end of the next pipe shall then be in- 
 serted and the upper half of the socket filled with cement mortar, 
 after which the ends of the gasket shall be brought up over the 
 
 59 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 pipe, and the gasket forced into the mortar with a suitable caulk- 
 ing tool and carefully caulked in place. The remainder of the 
 joint shall be filled with cement mortar applied with the hands, 
 protected with rubber mittens, well pressed and caulked into place, 
 after which the joint shall be beveled off with mortar for a dis- 
 tance of two (2) inches from the outer edge of the bell. The 
 joint shall be wrapped in unbleached cotton cloth, securely tied 
 to prevent the mortar from slipping or being otherwise injured. 
 No surplus mortar or other foreign substance shall project into 
 the pipe from the joints, and each joint shall be properly cleaned 
 with a suitable scraper or by other approved means before the 
 mortar becomes hardened. 
 
 The ends of the pipe which enter masonry shall be neatly 
 cut to fit the face of the masonry. When directed, such cutting 
 shall be done before the pipes are built in. 
 
 SECTION No. 144. When the trench is properly prepared and 
 before laying any drain, the Contractor shall notify the Engi- 
 neer, who will thereupon cause the grades for the drain to be 
 tested, and if correct the drain shall then be laid in the presence 
 of the Inspector, and no construction work shall be done in his 
 absence. All materials and labor required by the Engineer in 
 connection with providing suitable lines and grades for the work 
 shall be furnished by the Contractor at his own expense. 
 
 The trenches shall be kept entirely free from water while 
 the foundation and masonry are being constructed and the drain 
 laid. In no case shall water be allowed to flow over the invert 
 or foundation or through the drain until the mortar is thor- 
 oughly set. 
 
 SECTION No. 145. Where shown on the contract drawings 
 or as directed by the Engineer, double or single wye branches 
 shall be laid for connections to the existing or proposed arch 
 drains. 
 
 SECTION No. 146. Connections shall be laid as shown on the 
 contract drawings or as directed by the Engineer, to the lines and 
 grades given. The connections shall be of six (6) inch vitrified 
 
 60 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 pipe and six (6) inch extra heavy soil pipe, as shown, with 
 proper curved pipe connections. Where the new work con- 
 nects with the existing arch drains at the base of the columns, 
 the Contractor shall cut away the existing concrete where neces- 
 sary, and shall connect the new six (6) inch soil pipe to the 
 existing drain with a lead joint, properly caulked. All other 
 joints in the connections shall be made of Portland cement in 
 the manner hereinbefore prescribed. 
 
 SECTION No. 147. At joints between the old and the new 
 work, and as shown on the drawings or as directed by the 
 Engineer, the connection shall be encased in concrete. 
 
 SECTION No. 148. After the pipes have been jointed and 
 the joints have become sufficiently set, earth backfill shall be 
 placed about the pipe as specified in Subdivision 6. Selected 
 fine material shall be used for the backfill about the pipe, and 
 no stone, concrete or other hard material shall be used for back- 
 filling until the pipe shall have been covered to a minimum depth 
 of one (1) foot, and then only as hereinbefore provided. 
 
 SECTION No. 149. The exposed ends of the drain shall in 
 all cases be protected with a board or other stopper carefully 
 fitted to the pipe, to prevent earth or other substance from wash- 
 ing in, and in no case shall brick or stone be used for that pur- 
 pose. 
 
 SECTION No. 150. If in the opinion of the Engineer it is 
 found impracticable during the progress of the work to construct 
 any part or parts of the Storm Drain, including manholes or 
 other appurtenances, according to the contract drawings, owing 
 to the presence of unknown subsurface structures or other con- 
 tingencies, the Contractor shall construct such drains, manholes 
 or appurtenances in the location given by and according to the 
 directions of the Engineer. 
 
 SECTION No. 151. Where shown upon the contract draw- 
 ings, or as required by the Engineer, the Contractor shall build 
 
 61 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 foundations of plain or reinforced concrete, and shall also place 
 a protective covering of concrete about the Storm Drain or its 
 connections. Such foundations or protection, whether of plain 
 or reinforced concrete will be paid for at the price stipulated in 
 Schedule Item 6. 
 
 SECTION No. 152. Under certain circumstances it may be 
 necessary to excavate the trenches for the Storm Drain below 
 the established grade to reach a proper foundation. In such 
 an event the Engineer may require a concrete foundation as 
 provided in the preceding Section or he may require that the 
 trench be refilled with suitable earth or stone or gravel. Where 
 additional excavation is required, payment will be made for 
 the volume between a plane six (6) inches below the invert of the 
 drain as laid, and the ordered line for such additional excava- 
 tion, for the ordered net width of excavation for the trench. 
 Where stone or gravel refill is required, payment will be made 
 at the price stipulated in Schedule Item 14 for that volume in- 
 cluded within the net lines of such refill as ordered by the Engi- 
 neer. Where earth refill is required, payment therefor will be 
 deemed to be included in the prices stipulated for excavation 
 in Schedule Items 2-A and 3-A. 
 
 Should the Contractor, for any purpose, excavate below the 
 established net lines at places not ordered by the Engineer, he 
 shall at his own expense refill the excavation in accordance 
 with the orders of the Engineer. 
 
 SECTION No. 153. At the ends of the temporary outlets 
 the Contractor shall build a contrete bulkhead with apron and 
 paving as shown on the contract drawings. Payment for the 
 bulkhead and apron will be made at the price stipulated in 
 Schedule Item 6. Payment for the pavement will be made at 
 the price stipulated in Schedule Item 14. 
 
 SECTION No. 154. Tile pipe drains shall be built of vitrified, 
 salt glazed stone-ware pipe, with extra deep and wide sockets and 
 corrugated spigot ends. The pipe shall be of the best quality, 
 thoroughly and perfectly burnt, without warps, cracks or im- 
 
 62 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 perfections, well and smoothly glazed over the entire inner and 
 outer surfaces and perfect in shape. 
 
 SECTION No. 155. The sizes of the pipes shall be designated 
 by their interior diameters. Each pipe shall be a true cylinder, 
 of even thickness throughout, and shall conform to the following 
 scheduled dimensions : 
 
 DOUBLE STRENGTH TILE PIPE; EXTRA DEEP AND WIDE 
 
 SOCKETS 
 
 Diameter. 
 
 Thickness 
 of shell. 
 
 Depth of 
 socket. 
 
 Length of 
 plain, 
 straight pipe. 
 
 Weight of 
 pipe 
 per ft. 
 
 Annular 
 space. 
 
 6" 
 
 5^" 
 
 2^" 
 
 2' 
 
 16 Ibs. 
 
 5/8" 
 
 8" 
 
 24" 
 
 2 24" 
 
 3' 
 
 25 " 
 
 5/8" 
 
 10" 
 
 7 A" 
 
 2 24" 
 
 3' 
 
 37 " 
 
 
 12" 
 
 i" 
 
 3" 
 
 3' 
 
 45 " 
 
 5^" 
 
 15" 
 
 1/4" 
 
 3" 
 
 3' 
 
 75 " 
 
 5^" 
 
 18" 
 
 1>" 
 
 3M" 
 
 3' 
 
 118 " 
 
 5/8" 
 
 20" 
 
 1 2/3" 
 
 3^" 
 
 3' 
 
 148 " 
 
 5/s" 
 
 22" 
 
 1 5/6" 
 
 3^4" 
 
 3' 
 
 157 " 
 
 %" 
 
 24" 
 
 2" 
 
 4" 
 
 3' 
 
 190 " 
 
 5/S" 
 
 SECTION No. 156. All "special" vitrified pipe shall conform 
 to the dimensions given for plain, straight pipe. 
 
 SECTION No. 157. Pipes having spurs not less than six (6) 
 inches in diameter with hubs moulded thereon for connections 
 shall be furnished and laid at such points as indicated on the 
 drawings or as directed by the Engineer, and when not imme- 
 diately used, they shall be sealed on the outside with approved 
 vitrified earthenware covers set in mortar. 
 
 SECTION No. 158. The soil pipe shall be cast-iron pipe of 
 the quality known as "extra heavy." The pipes shall be cylindri- 
 cal in shape, of even thickness throughout, with well moulded 
 
 63 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 bells or hubs attached, and free from sand or blow holes or 
 other imperfections. All bends, tees, branches and other spe- 
 cial fittings shall conform to the above qualifications so far as 
 they apply. 
 
 SECTION No. 159. The masonry of manholes shall be carried 
 up so that the top of the iron head when set shall be at the level 
 of the established grade of the street at that point or to such 
 height as the Engineer may direct, and from templates correctly 
 made and set at top and bottom, between which not less than 
 eight (8) lines shall be drawn. All joints shall be neatly struck 
 and pointed on the inside. Each manhole shall be plastered 
 thoroughly on the outside with cement mortar one (1) inch in 
 thickness, mixed in the proportion of one part of cement to two 
 parts of sand. 
 
 SECTION No. 160. Generally the foundations for manholes 
 shall be of concrete not less than twelve (12) inches below the 
 invert elevation of the drain. When any foundation additional 
 to that indicated on the drawings is required, it shall be built as 
 directed by the Engineer. 
 
 SECTION No. 161. Drain pipes shall be built in and trimmed, 
 when necessary, so as to be flush with the inner face of the man- 
 hole and an arch, laid in cement mortar, shall be turned over 
 the pipe. 
 
 SECTION No. 162. The invert shall be built of vitrified brick 
 or concrete masonry, as indicated on the contract drawings. 
 
 SECTION No. 163. A reasonable number of bats not smaller 
 than half bricks may be used in the construction of manholes or 
 receiving basins, provided all interstices are thoroughly filled with 
 mortar. 
 
 SECTION No. 164. Standard steps of good quality of galvan- 
 ized wrought iron, of the size, length and shape required for 
 steps, shall be built into the interior sides of all manholes at a 
 
 64 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 distance apart of not more than fifteen (15) inches vertically and 
 they shall be so arranged that the lowest step shall be not more 
 than two (2) feet above the bench at the bottom of the man- 
 holes nor more than two (2) feet above the invert of the drain 
 where there is no bench. Each manhole head shall be cast with 
 a wrought-iron step on the inside, when directed by the Engineer. 
 
 SECTION No. 165. A cast-iron manhole head and cover of 
 the quality specified for cast iron, and of the pattern shown 
 on the contract drawings, and in dimensions, weight and all 
 other respects satisfactory to the Engineer shall be fitted on a 
 bed of mortar to each of the above described manholes. Man- 
 hole heads and covers which do not conform to these specifica- 
 tions shall be removed at once from the work. 
 
 SECTION No. 166. Covers to be used on manholes in the 
 street and parked places shall be perforated. Those used on 
 sidewalk manholes shall be tight-fitting, without perforations. 
 
 SECTION No. 167. Each manhole head and cover shall have 
 its weight distinctly marked upon it with oil paint. The following 
 shall be allowed as the minimum and maximum weights : 
 
 Street manhole head, 475 to 500 pounds ; 
 Street manhole cover, 135 to 150 pounds; 
 Sidewalk manhole head, 300 to 310 pounds; 
 Sidewalk manhole cover, 100 to 110 pounds. 
 
 SECTION No. 168. In the places shown on the contract 
 drawings as parked space, manhole heads and covers of the 
 weight specified for sidewalk heads and covers shall be used. 
 Where manholes are built in the roadway, the weights shall be 
 as specified for street manhole heads and covers. All heads 
 and covers shall be cast in accordance with the contract draw- 
 ings. 
 
 SECTION No. 169. Payment for manhole heads, covers and 
 steps will be made at the price stipulated in Schedule Item 25, 
 
 65 
 
SPECIFICATIONS DRAIN PIPES AND MANHOLES 
 
 which price shall include the cost of all work, labor and material 
 applicable thereto. 
 
 SECTION No. 170. Main drains shall be measured from the 
 center of one manhole to the center of the next adjacent man- 
 hole, along the axis of the pipe. Connections shall be measured 
 from the nearest end of the existing column drain to the center 
 line of the main drain, along the axis of the pipe, except that for 
 connections entering manholes the measurement shall be from 
 the existing drain to the nearest interior face of the manhole, 
 along the axis of the pipe. Where the connection is not attached 
 to the existing structure, the measurement shall be from the end 
 of the connection as laid to the center line of the main drain, or 
 inside face of the manhole as the case may be. Outlets shall be 
 measured from the center line of the nearest manhole to the ex- 
 terior face of the outlet. 
 
 SECTION No. 171. Payment for drains and their connections 
 will be made for drain complete at the prices stipulated in 
 Schedule Item 17 and Schedule Item 17- A. These prices shall 
 include the cost of bends, branches and specials complete, of 
 manholes, foundations for manholes, inverts of whatever char- 
 acter, brickwork and plastering, and all other work, labor and 
 material necessary for installing the drain pipes in place, except 
 as herein elsewhere specifically provided. 
 
 66 
 
SUBDIVISION 15 
 SPECIAL MATTERS 
 
 SECTION No. 172. The provisions of this subdivision are 
 for the purpose of covering matters which are special to this 
 contract and which are not fully covered in the general specifica- 
 tions, but except as herein otherwise expressly provided the fore- 
 going general specifications are to be construed as applying to 
 matters under this subdivision. In case of any conflict between 
 the provisions of the foregoing general specifications and the 
 provisions of this subdivision, the provisions of this subdivision 
 shall govern. 
 
 At various points along the Storm Drain it will be necessary 
 to make an earth fill over the drain. Such fill shall be composed 
 of and deposited in accordance with the requirements of Sub- 
 divisions 6 and 14. The net lines of such fill will be as deter- 
 mined by the Engineer and payment will be made at the price 
 stipulated for earth excavation in Schedule Item 2-A, which 
 price shall include the cost of all incidental work, labor and 
 material. 
 
 67 
 
CHAPTER IV 
 SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 ARTICLE XXVII. Simultaneously with the execution and 
 delivery of this contract the Contractor shall give security for 
 the performance of his obligation by filing with the Comptroller 
 a bond in the form annexed hereto and entitled "Form of 
 Contractor's Bond," executed by the Contractor and by two 
 or more sureties to be corporations or persons approved by the 
 Commission, in the sum of three thousand dollars ($3,000). 
 The execution of the bond must be duly proved before the 
 delivery of the bond in the form of proof essential to entitle a 
 deed to record in the State of New York and full affidavits of 
 justification of the sureties must be added. In case any of the 
 sureties upon the bond shall become insolvent or unable in the 
 opinion of the Commission to pay promptly the amount of such 
 bond to the extent to which such surety might be liable, then the 
 Contractor within ten (10) days after notice by the Commission 
 to the Contractor shall, by supplemental bond or otherwise, sub- 
 stitute another and sufficient surety approved by the Commission 
 in place of the surety so insolvent or unable. If the Contractor 
 shall fail within such ten (10) days or such further time, if 
 any, as the Commission may grant to substitute another and 
 sufficient surety, then the Contractor shall, if the Commission so 
 elect, be deemed to be in default in the performance of his obli- 
 gations hereunder and upon the said bond, and in addition to 
 any and all other remedies the Commission may terminate this 
 contract or may bring any proper suit or proceeding against 
 the Contractor and the sureties or either of them or may require 
 the Comptroller to deduct from any moneys then due or which 
 thereafter may become due to the Contractor under this contract 
 the amount for which the surety insolvent or unable as aforesaid 
 shall be held and bound upon the bond; and the moneys so 
 deducted shall be held by the Comptroller as collateral security 
 
SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 for the performance of the condition of the bond and such moneys 
 shall in such case be deemed to have been paid to the Contractor 
 upon this contract. 
 
 ARTICLE XXVIII. The Contractor may, upon the approval 
 of the Commission, deposit with the Comptroller in lieu of said 
 bond cash equal in amount to the entire amount of the said bond 
 or securities which are worth not less than the entire amount of 
 such bond. If securities be deposited, they shall be securities 
 which are lawful for the investment of funds of savings banks 
 within the State of New York and shall be approved by the 
 Commission. A schedule of such securities with their values 
 shall be annexed hereto and entitled Schedule of Securities, and 
 there shall be deposited with such securities the written approval 
 of the Commission which it shall give when satisfied as to the 
 character and value thereof. All securities when deposited must 
 be payable to, or run in favor of, or be transferred to, the 
 Comptroller. In case any of the securities so deposited shall, 
 in the opinion of the Commission, at any time cease to be of 
 the character of securities which are lawful for the investment 
 of the funds of savings bank within the State of New York or 
 shall in the opinion of the Commission at any time become of 
 less value than the value stated for it or them in the said sched- 
 ule, then within ten (10) days after notice to the Contractor of 
 the objection of the Commission, the Contractor shall either sub- 
 stitute therefor securities which shall be approved by the Com- 
 mission as of the character aforesaid and as being of at least 
 the value of the former securities to which the Commission 
 shall have objected as such value was originally stated in the 
 said schedule or shall deposit with the Comptroller in cash the 
 amount of such value of such former securities as so originally 
 stated. In case the Contractor shall not within such ten (10) 
 days or such further time, if any, as the Commission may grant 
 substitute such new securities or make such deposit of cash, he 
 shall, if the Commission so elect, be deemed to be in default in 
 the performance of his obligations under this contract; and in 
 addition to any and all other remedies against the Contractor, 
 the Commission may require the Comptroller to deduct from 
 
 69 
 
SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 any moneys then due or which thereafter may become due to 
 the Contractor under this contract the amount of the original 
 valuation of such securities objected to, and to hold such 
 amount in lieu of such securities as if part of the original de- 
 posit or as if deposited with the Comptroller as aforesaid, and 
 such moneys shall in such case be deemed to be paid to the 
 Contractor upon this contract. The securities so objected to 
 shall upon such substitution of securities or deposit of cash in 
 lieu thereof be returned to the Contractor. 
 
 The City shall from time to time collect all interest, dividends 
 and other income on any securities deposited by the Contractor 
 and shall pay the same, when and as collected, to the Contractor. 
 If the securities are in the form of coupon bonds, the coupons 
 as they respectively become due shall be delivered to the Con- 
 tractor. If the deposit be made in cash, interest shall be paid 
 to the Contractor on such deposit at the average rate of interest 
 received by the City on its bank balances during such period. 
 Provided, however, that the Contractor shall not be entitled to 
 interest, dividends or other income on any cash which shall be 
 used or applied as hereinafter provided or on any securities the 
 proceeds of which shall be used or applied as hereinafter pro- 
 vided. 
 
 ARTICLE XXIX. The said deposit, whether in cash or 
 securities, in the form and as the same shall at any time be, shall 
 be security for the faithful performance by the Contractor of all 
 the covenants, conditions and requirements specified and pro- 
 vided for in this contract. 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 default, whether by reason 
 of employment of another contractor or contractors or other- 
 wise, incur or become liable for expense or be required to make 
 any payment or incur or suffer any loss or damage, then the 
 Comptroller shall, upon the requirement of the Commission, 
 forthwith pay or apply to the use of the City the amount of such 
 expense, payment, loss or damage, including any liquidated dam- 
 ages, out of the said deposit in cash or securities or out of the 
 portion of the deposit remaining at the time. 
 
 70 
 
SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 ARTICLE XXX. If such deposit be in securities, the Comp- 
 troller shall, upon the requirement of the Commission, in order 
 to make such payment or application to the use of the City, sell 
 at public auction in New York any of the securities which may 
 then constitute part of such deposit upon notice to be published 
 in three daily newspapers, the first publication to be not less than 
 ten (10) days before the sale and such publication to be made 
 three (3) times within such ten (10) days. The Comptroller in 
 his discretion may, and upon the requirement of the Commission 
 shall, adjourn such sale from time to time by announcement at 
 the time and place appointed for such sale or for such adjourned 
 sale or sales ; and without further notice or publication, he may 
 make such sale at the time and place to which the same shall be 
 so adjourned. The Comptroller shall, upon the requirement of 
 the Commission, deduct from the proceeds of any such sale all 
 expenses thereof and of such advertisement and pay and apply 
 to the use of the City so much of the residue of such proceeds 
 as may be necessary for the purpose aforesaid. And the Con- 
 tractor within ten (10) days after notice from the Commission 
 so to do shall by further deposit, according to the requirement of 
 the Commission, of money or securities of the character afore- 
 said approved by the Commission restore the said deposit with 
 the Comptroller to the full amount originally required; and in 
 case the Contractor shall not within such ten (10) days or such 
 further time, if any, as may be granted by the Commission, make 
 such further deposit of money or securities, he shall, if the Com- 
 mission so elect, be deemed to be in default in the performance 
 of his obligations under this contract ; and in addition to any and 
 all other remedies against the Contractor the Commission may 
 require the Comptroller to deduct from any moneys then due or 
 which thereafter may become due to the Contractor under this 
 contract such amount as may be necessary to restore the said 
 deposit with the Comptroller to the full amount originally re- 
 quired ; and the Comptroller shall hold the money so deducted as 
 if part of the original deposit or as if deposited with him as 
 aforesaid ; and such moneys shall in such case be deemed to be 
 paid to the Contractor upon this contract. In addition to, or in 
 lieu of, the sale above provided for, the Commission may, in the 
 
 71 
 
SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 name 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 said deposit, whether such deposit be in 
 money or securities. 
 
 ARTICLE XXXI. If at any time when the Contractor shall 
 otherwise be entitled to a return of the said deposit, there shall 
 be pending any claim for injury or alleged injury to person 
 or property occurring or alleged to have occurred on account of 
 the work hereunder, whether by reason of the negligence, fault 
 or default of the Contractor or otherwise, or any claim for in- 
 fringement or alleged infringement of patents, or any other 
 claim on account of any neglect, fault or default or alleged 
 neglect, 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, including all interest, dividends and other income 
 thereafter accruing thereon, or such part thereof as the Commis- 
 sion may prescribe shall, upon the requirement of the Commis- 
 sion, be reserved by the Comptroller as security against such 
 claims for a time not exceeding the time when such claims would 
 be legally barred. If and when the liability of the City on such 
 claim or claims shall have been established by a judgment of a 
 court of competent jurisdiction or such claim or claims shall 
 have been admitted by the Contractor to be valid, the City may 
 deduct the amount of such claim or claims from the said deposit 
 before the balance of the said deposit shall be returned to the 
 Contractor as) hereinafter provided. For the purpose of making 
 such deduction the Comptroller may sell any of the securities 
 which may constitute part of such deposit in the manner pro- 
 vided in Article XXX. 
 
 ARTICLE XXXII. When the Contractor shall have fully 
 completed the Works according to the terms of this contract and 
 the Commission shall so certify, the Comptroller shall pay and 
 deliver to the Contractor the said deposit or so much thereof as 
 shall not be reserved, or shall not have been used or applied, for 
 any of the purposes herein mentioned. 
 
 72 
 
SECURITY TO BE FURNISHED BY CONTRACTOR 
 
 ARTICLE XXXIII. In addition and as further security there 
 shall be deducted and retained ten per centum (10%) of the 
 amounts certified from time to time to be due to the Contractor. 
 Such retained percentages shall be held as further security for 
 the faithful performance by the Contractor of all the conditions, 
 covenants and requirements specified and provided for in this 
 contract. The Contractor may from time to time withdraw por- 
 tions of the amounts so retained upon depositing with the 
 Comptroller corporate stock of the City of a market value equal 
 to the amount withdrawn, in which event the provisions of this 
 chapter in respect of securities shall apply to such corporate 
 stock. 
 
CHAPTER V 
 PAYMENTS TO CONTRACTOR 
 
 ARTICLE XXXV. In order to assist the Contractor to pros- 
 ecute the work advantageously, the Engineer shall, from time to 
 time as the work progresses, but not more often than once a 
 month, make in writing an estimate, such as in his opinion shall 
 be just and fair, of the amount and value of the work done and 
 materials incorporated in the work by the Contractor according 
 to the terms of this contract (but it is understood that in making 
 such estimates the Engineer shall not necessarily be governed by 
 the prices contained in the Schedule of Unit Prices), provided, 
 however, that estimates may at any time be withheld or reduced 
 if, in the opinion of the Engineer, the work is not proceeding in 
 accordance with this contract. The first such estimate shall be 
 of the amount and value of the work done and materials incor- 
 porated in the work since the Contractor commenced the per- 
 formance of this contract on his part. Every subsequent estimate 
 except the final estimate shall be of the amount and value of the 
 work done and materials incorporated in the w r ork since the last 
 preceding estimate was made, provided, however, that no such 
 estimate shall be required to be made when, in the judgment of 
 the Engineer, the total value of the work done and materials 
 incorporated in the work since the last preceding estimate 
 amounts to less than five thousand dollars ($5,000). No 
 materials, not incorporated in the work, shall be included in 
 any estimate. 
 
 ARTICLE XXXVI. Such estimates shall not be required to 
 be made by strict measurement, but they may be made by meas- 
 urment or by estimation or partly by one method and partly 
 by the other, and it shall be sufficient if they are approximate 
 only. 
 
 74 
 
PAYMENTS TO CONTRACTOR 
 
 ARTICLE XXXVII. Upon each such estimate being made 
 and certified in writing to the Commission, the Commission 
 shall prepare and certify a voucher for ninety per centum (90%) 
 of the amount stated in such estimate or certified to be the value 
 of the work done and materials furnished as provided in 
 Article XXXIII, and the City shall within thirty (30) days 
 after the date of the certification of such voucher by the Com- 
 mission pay the same; provided, however, that the City may at 
 all times reserve and retain from said partial payments or any 
 of them, in addition to the ten per centum (10%) above men- 
 tioned to be retained and reserved, any sum or all sums which 
 by the terms hereof or of any law of the State of New York it 
 is or may be authorized to reserve or retain. 
 
 ARTICLE XXXVIII. Whenever, in the opinion of the En- 
 gineer, the Contractor shall have completely performed this con- 
 tract on his part and all work under this contract, the Engineer 
 shall so certify in writing to the Commission and in his certificate 
 shall state from actual measurements the whole amount of work 
 done by the Contractor and also the value of such work under 
 and according to the terms of this contract. On the expiration 
 of forty (40) days after the acceptance by the Commission of the 
 work herein agreed to be done by the Contractor and the filing of 
 a certificate of the completion and acceptance of said work in the 
 office of the Comptroller signed by the Engineer and the Com- 
 mission, the City shall pay to the Contractor the amount, if 
 any, remaining after deducting from the amount or value of 
 such work under and according to the terms of this contract as 
 stated in such last-mentioned certificate all such sums as shall 
 theretofore have been paid to the Contractor under any of the 
 provisions of this contract (exclusive of interest, if any, paid 
 under the provisions of Article XXXIX) and also any sum or 
 all such sums of money as by the terms hereof the City is 
 or may be authorized to reserve or retain ; provided, that noth- 
 ing herein contained shall be construed to affect the right, hereby 
 reserved, of the Commission to reject the whole or any portion 
 of the aforesaid work should the said certificate be found or 
 known to be inconsistent with the terms of this contract or other- 
 
 75 
 
PAYMENTS TO CONTRACTOR 
 
 wise improperly given. All prior certificates upon which partial 
 payments may have been made, being merely estimates, shall be 
 subject to correction in the final certificate, which final certificate 
 may be made without notice thereof to the Contractor or of the 
 measurements upon which it is based. 
 
 ARTICLE XXXIX. If the payment of the amount due the 
 Contractor on any voucher shall be delayed beyond the time 
 stipulated in Article XXXVII in the case of partial payment, or 
 Article XXXVIII in the case of final payment, the City shall 
 pay the Contractor interest on such amount at the rate of 
 four and one-half per centum (4^%) per annum for the period 
 of such delay ; it being understood that such payments of interest, 
 if any, are to be in lieu of any claim of the Contractor for 
 alleged damages for breach of contract or otherwise in case of 
 delayed payments. Provided, however, that the Contractor shall 
 not be entitled to interest on any sum or sums which by the 
 terms hereof or of any law of the State of New York the City 
 may be authorized to reserve or retain. The term for which 
 interest shall be paid shall be reckoned, in the case of a partia' 
 payment from the thirtieth day after the certification of such 
 voucher by the Commission, and in the case of the final payment 
 from the fortieth day after the acceptance of the work by the 
 Commission and the filing of the proper certificate of com- 
 pletion and acceptance in the office of the Comptroller, to the 
 date of payment of the voucher. The date of payment of a 
 voucher shall be considered the day on which the voucher is 
 ready for payment as evidenced by the records of the Depart- 
 ment of Finance. If interest shall become due on any partial 
 payment, the amount thereof, as determined by the Commission, 
 shall be added to a succeeding payment. If interest shall be- 
 come due on the final payment, it shall be paid on a supplementary 
 voucher prepared by the Commission and forwarded to the Comp- 
 troller for payment in the usual manner. 
 
 ARTICLE XL. The City shall not nor shall any department 
 or officer thereof be precluded or estopped by any return or 
 certificate made or given by the Commission, the Engineer or 
 
 76 
 
PAYMENTS TO CONTRACTOR 
 
 other officer, agent or appointee thereof under any provision 
 of this contract from at any time either before or after the final 
 completion and acceptance of the work and payment therefor 
 pursuant to any such return or certificate, showing the true and 
 correct classification, amount, quality and character of the work 
 done and materials furnished by the Contractor or any other 
 person under this contract or from showing at any time that 
 any such return or certificate is untrue and incorrect or improp- 
 erly made in any particular or that the work and materials or 
 any part thereof do not in fact conform to the specifications; 
 and the City shall not be precluded or estopped, notwithstanding 
 any such return or certificate and payment in accordance there- 
 with, from demanding and recovering from the Contractor such 
 damages as it may sustain by reason of his failure to comply 
 with this contract or the specifications. 
 
 ARTICLE XLL Neither the acceptance of the Commission or 
 its Engineer or any of its employees nor any order, measure- 
 ment or certificate by the Engineer nor any order by the Com- 
 mission for payment of money nor any payment for, nor ac- 
 ceptance of, the whole or any part of the work nor any extension 
 of time nor any possession taken by the Commission or its em- 
 ployees shall operate as a waiver of any portion of this contract 
 or of any power herein reserved to the Commission or of any 
 right to damages herein provided; nor shall any waiver of any 
 breach of this contract be held to be a waiver of any other or 
 subsequent breach. 
 
 ARTICLE XLIL The acceptance by the Contractor of the 
 final payment aforesaid shall be and shall operate as a release 
 to the City from all claim and liability to the Contractor for any- 
 thing done or furnished for, or relating to, the work or for any 
 act, neglect, fault or default of the Commission, the City or of 
 any person relating to or affecting the work, except only the 
 claim against the City for the remainder, if any there be, of the 
 amounts kept or retained as provided in this contract. 
 
 77 
 
PAYMENTS TO CONTRACTOR 
 
 ARTICLE XLIII. If the Contractor shall claim compensa- 
 tion for any damage sustained by reason of any act, neglect, fault 
 or default of the City or the Commission or their agents, he shall, 
 within ten (10) days after the sustaining of such damage, make 
 a written statement to the Engineer of the nature of the damage 
 sustained. On or before the fifteenth day of the month succeed- 
 ing that in which any such damage shall have been sustained, 
 the Contractor shall file with the Engineer an itemized state- 
 ment of the details and amount of such damage, and unless 
 such statement shall be made as thus required, his claim for 
 compensation may in the discretion of the Commission be for- 
 feited and invalidated and he shall not be entitled to payment 
 on account of any such damage. 
 
 ARTICLE XLIV. If at any time before or within thirty (30) 
 days after the whole work agreed herein to be performed has 
 been completed and accepted by the City, any person or persons 
 claiming to have performed any labor or furnished any material 
 toward the performance or completion of this contract shall file 
 with the Commission and with the Comptroller any such notice 
 as is described in the Lien Law, the City may retain from any 
 moneys which would otherwise be payable to the Contractor 
 hereunder by the City an amount or amounts sufficient to satisfy 
 and discharge the amount in such notice claimed to be due, to- 
 gether with the costs of any action or actions brought to enforce 
 such lien created by the filing of such notice, until such lien shall 
 be discharged as provided by law. If such lien shall be fore- 
 closed according to law, then the City may pay the amount neces- 
 sary to satisfy such lien, with interest and costs, to the person 
 entitled thereto, and such payment shall be deemed to be a pay- 
 ment hereunder to the Contractor by the City. If the amount 
 or amounts so retained shall not be sufficient to satisfy such 
 lien so foreclosed with interest and costs, the deficiency may 
 be retained by the City out of any moneys thereafter becoming 
 due to the Contractor hereunder. 
 
 78 
 
CHAPTER VI 
 
 CONTRACTOR'S LIABILITY FOR INJURIES TO PER- 
 SONS OR PROPERTY 
 
 ARTICLE XLV. The Contractor expressly admits and cove- 
 nants that the drawings and specifications and other provisions 
 of this contract, if the work be done without fault or negli- 
 gence on the part of the Contractor, do not involve any danger 
 to the foundations, walls or other parts of adjacent, abutting 
 or overhead structures or surfaces; and the Contractor will at 
 his own expense make good any damage that shall, in the course 
 of construction, be done to any such foundations, walls or other 
 parts of adjacent, abutting or overhead structures or surfaces. 
 The liability of the Contractor under this covenant is absolute 
 and is not dependent upon any question of negligence on his part 
 or on the part of his agents, servants or employees, and the 
 neglect of the Engineer to direct the Contractor to take any 
 particular precautions or to refrain from doing any particular 
 thing shall not excuse the Contractor in case of any such damage. 
 
 It is the intention of the parties to this contract, and it is 
 agreed, that in addition to indemnifying the City against all 
 claims for damages, the Contractor shall also be liable to the 
 owners of adjacent, abutting or overhead property or struc- 
 tures and to all tenants, lessees, or occupants of such structures 
 for all physical injuries to property or person which may be 
 occasioned by the work of construction, even in cases where 
 such owners, tenants or occupants have no legal claim against 
 the City for such injuries. 
 
 ARTICLE XLVI. The Contractor shall during the perform- 
 ance of the work safely maintain the traffic on streets, ave- 
 nues, highways and other public places as provided in the speci- 
 fications and shall take all necessary precautions and place proper 
 guards for the prevention of accidents and shall put up and keep 
 at night suitable and sufficient lights. 
 
 79 
 
CONTRACTOR S LIABILITY 
 
 ARTICLE XLVII. The Contractor shall be solely respon- 
 sible for all physical injuries to person or property occurring 
 on account of the work hereunder, and shall indemnify and save 
 harmless the City from liability upon any and all claims for 
 damages on account of such injuries to person or property 
 or on account of any neglect, fault or default of the Contractor 
 and from all costs and expenses in suits which may be brought 
 against the City on account of any such injuries to person or 
 property or on account of any such neglect, fault or default; it 
 being distinctly understood, stipulated and agreed that the Con- 
 tractor shall be solely responsible and liable for arid shall fully 
 protect and indemnify the City against all claims for damages 
 to person or property occasioned by or resulting from blasting 
 or other methods or processes in the work of construction, 
 whether such damages be attributable to negligence of the Con- 
 tractor or his employees or otherwise. If compensation for 
 any such injury to property shall be included in any judgment 
 or award in any action or proceeding, the Contractor shall upon 
 demand promptly reimburse the City for any payments made 
 by it on account thereof. 
 
 ARTICLE XLVIII. In case any claim shall be made by 
 any person or corporation against the Contractor or the City 
 for injury or alleged injury to person or property occurring or 
 alleged to have occurred on account of the work hereunder, 
 whether by reason of the negligence, fault or default of the 
 Contractor or otherwise, or for any infringement or alleged in- 
 fringement of patents or for any neglect, fault or default or 
 alleged neglect, fault or default of the Contractor, the amount 
 of such claim or so much thereof as the Commission may deem 
 reasonable shall, upon the requirement and in the discretion of 
 the Commission, be retained by the Comptroller out of any 
 moneys then due or thereafter growing due to the Contractor 
 hereunder (in addition to the other sums herein authorized to 
 be so retained) as security for the payment of such claim or 
 claims. If and when the liability of the City or the Contractor on 
 such claim or claims shall have been established by a judgment 
 of a court of competent jurisdiction or such claim or claims 
 
CONTRACTOR S LIABILITY 
 
 shall have been admitted by the Contractor to be valid, the said 
 claim or claims may be paid from the amount so retained and the 
 balance, if any, paid to the Contractor. Should there be any 
 unsatisfied claim or claims for injury or alleged injury to person 
 or property occurring or alleged to have occurred on account of 
 the work hereunder, whether by reason of the" negligence, fault 
 or default of the Contractor or otherwise, or for any infringe- 
 ment or alleged infringement of patents or for any neglect, fault 
 or default or alleged neglect, fault or default of the Contractor 
 at the time when the final voucher for the work is prepared and 
 certified, the Commission shall have the right to retain out of 
 the final payment and to deduct from the amount of the final 
 voucher a sum in its judgment sufficient to protect the City in 
 regard to all unsatisfied claims as aforesaid, and in case the 
 amount thus retained should be insufficient to pay the amount 
 adjudicated to be due upon such claim or claims, the 
 City may sue for and recover from the Contractor the amount 
 or balance as a debt from the Contractor to the City. The Com- 
 mission may further, if in its judgment such a course is neces- 
 sary or proper, at the time of preparing and certifying the final 
 voucher for the work and as a condition of preparing and certify- 
 ing the same, require the Contractor to continue his bond or other 
 security or any part thereof as security against any claims then 
 unsatisfied or not presented for a time not exceeding the time 
 when such claims would be legally barred. 
 
 ARTICLE L. All risk of loss or damage to the Works or 
 to any part thereof or to any of the materials, plant, tools, ap- 
 pliances or other things used in doing the work prior to final 
 completion is assumed and shall be borne by the Contractor, and 
 any such loss or damage shall be made good by the Contractor at 
 his own cost, and the construction shall be carried forward by 
 him in accordance with this contract without additional cost to 
 the City by reason of such loss or damage. 
 
 81 
 
CHAPTER VII 
 
 CITY TO SECURE CONTRACTOR AGAINST INTER- 
 FERENCE BY INJUNCTIONS, ETC. 
 
 ARTICLE LI. The City hereby stipulates and covenants to 
 and with the Contractor that the City will secure and assure to 
 the Contractor so long as the Contractor shall perform the stipu- 
 lations of this contract, the right to construct the Storm Drain 
 as prescribed in this contract free of all right, claim or other 
 interference, whether by injunction, suit for damages or other- 
 wise, on the part of any owner, abutting owner, or other person ; 
 but not including any interference, legal or otherwise, by pat- 
 entees or persons claiming to be patentees of tools, methods or 
 appliances. 
 
 ARTICLE LIL The Contractor shall hold himself and shall 
 be responsible for any claims made against the City for any 
 infringement of patents by the use of patented tools, articles 
 or appliances in the performance or completion of the work 
 or by the use of any process or method connected with the work 
 or by the use of any materials used upon the work ; and he shall 
 save harmless and indemnify the City from and against all costs, 
 expenses and damages which the City shall incur or be obliged 
 to pay by reason of any such infringement. 
 
 82 
 
CHAPTER VIII 
 
 TIME FOR COMPLETION, DAMAGES FOR DELAY, 
 
 ETC. 
 
 ARTICLE LIV. Time is of the essence of this contract. The 
 Contractor shall begin actual work within ten (10) days after 
 the date of the delivery of this contract and shall thenceforth 
 prosecute the work continuously and diligently. All the work 
 covered by this contract shall be completed in all respects within 
 three (3) months after the date of the delivery of this contract. 
 
 ARTICLE LV. In the event of delay in completion of the 
 Works beyond the period herein prescribed or beyond the period 
 to which such time may be extended by resolution of the Com- 
 mission for good cause shown, the City shall, whether the work- 
 ing force be increased as provided in the specifications or not, 
 be paid damages for such delay. Inasmuch as the amount of 
 such damages will be extremely difficult to ascertain, especially 
 in view of the fact that the Storm Drain is a part of the drain- 
 age system of a rapid transit railroad and that any delay in the 
 construction of the Storm Drain may result in serious damage 
 to said railroad, it is hereby expressly agreed that such damages 
 shall be liquidated and paid as follows: The Contractor shall 
 pay to the City for each and every day, except Sundays and 
 legal holidays, that he shall be in default in completing in all 
 respects the work covered by this contract the sum of fifty 
 dollars ($50), which sum is hereby agreed upon not as a 
 penalty but as liquidated damages which the City will suffer 
 by reason of such default. The City shall have the right to 
 deduct such amounts from any moneys due or which may there- 
 after become due to the Contractor under this contract. But 
 in case the Contractor shall be actually and necessarily delayed 
 by reason of any labor strike not caused or instituted or pro- 
 voked by the Contractor or by any subcontractor, agent or repre- 
 sentative of the Contractor, or in case the Contractor shall be 
 
 83 
 
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC. 
 
 actually and necessarily delayed by any injunction or by any 
 interference of public authority or by the suspension of the 
 whole or any part of the work by the Commission as provided 
 in Article LVII, and in case the Contractor cannot, notwith- 
 standing such strike, injunction, interference or suspension, with 
 reasonable diligence make up for the delay so occasioned by 
 speedier work when the Contractor shall not be so delayed, then 
 the said date for completion shall except as hereinafter provided 
 be extended by resolution of the Commission to a date later 
 than the expiration of the said period of three (3) months by the 
 amount of the time of such delay as determined by the Com- 
 mission. 
 
 ARTICLE LVI. But no injunction, strike or interference of 
 public authority shall be ground for such extension unless 
 and until the Contractor shall give the Commission notice of 
 the injunction or other cause of delay, with copies of the in- 
 junction or other orders and of the papers upon which the 
 same shall have been granted, and no extension shall be granted 
 except for the delay occasioned after the giving of such notice. 
 Nor shall any such extension be granted in any case unless the 
 Contractor shall prove to the satisfaction of the Commission all 
 the facts which entitle him to such extension. The Commission 
 and the City or either shall be accorded the right to intervene 
 or become a party to any suit or proceeding in which any such 
 injunction shall be obtained and to move to dissolve the same 
 or otherwise, as the Commission or the City may deem proper. 
 If necessary the Corporation Counsel or the Counsel to the 
 Commission or both shall be authorized by the Contractor to ap- 
 pear for that purpose as counsel or attorneys for him. 
 
 ARTICLE LVII. The Commission reserves the right of 
 temporarily suspending the execution of the whole or any 
 part of the work herein contracted to be done, if it shall deem 
 it for the interest of the City so to do, without compensation 
 to the Contractor for such suspension other than extending the 
 time for completing the work as hereinbefore provided as much 
 as, in the opinion of the Commission, it may have been delayed 
 
 84 
 
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC. 
 
 by such suspension. The length of time (expressed in days 
 or parts of days) during which the Works or any part thereof 
 has been delayed by any act or omission on the part of the City 
 (all which shall be determined by the Commission, which shall 
 certify to the same in writing and whose determination and 
 certificate thereof shall be binding and conclusive upon the Con- 
 tractor) will be allowed to the Contractor and the times specified 
 for the completion of the Works or such part thereof shall be 
 extended by resolution of the Commission accordingly. 
 
 ARTICLE LVIII. Only the actual delay necessarily result- 
 ing from one or more of the causes above mentioned shall be 
 ground for extension of time, and in case the Contractor shall 
 be delayed at any time or for any period by two or more of 
 the causes above mentioned, only one period of extension, if 
 any, shall be granted for such delay and the Contractor shall 
 not be entitled to a separate extension for each one of the 
 causes so operating, it being understood that only the actual 
 period of necessary delay, as determined by the Commission, 
 irrespective of the number of causes contributing to produce 
 such delay, will be ground for extension of time. In case the 
 Contractor shall be actually and necessarily delayed from one 
 or more of the causes above mentioned in the performance of 
 any portion of the Works and not in the performance of the 
 entire Works, then the extension of time to be granted .to the 
 Contractor shall be only for the portion of the Works as to 
 which the Contractor shall be so delayed and the Contractor 
 shall not be entitled by reason of such delay to an extension 
 of time for the completion of the remainder of the Works, it 
 being understood that if the Contractor shall be so delayed as 
 to a portion of the Works he shall nevertheless proceed con- 
 tinuously and diligently with the prosecution of the remainder 
 of the Works. No demand by the Contractor that the Com- 
 mission determine and certify any matter of extension of time 
 for the completion of the Works or any part thereof as afore- 
 said will be of any effect whatsoever unless the same be made in 
 writing and duly served upon the Commission prior to the filing in 
 the office of the Comptroller of the certificate of the completion 
 
 85 
 
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC. 
 
 and acceptance of the part of the Works for which such exten- 
 sion is requested. The determination of the Commission as to any 
 matter of extension of time for completion of the Works or 
 any part thereof arising under this contract shall be binding 
 and conclusive. 
 
 ARTICLE LIX. The permitting of the Contractor to go on 
 and finish the work or any part of it after the time fixed for 
 its completion or after the date to which the time for comple- 
 tion may have been extended or the making of payments to 
 the Contractor after any of such periods shall in no wise operate 
 as a waiver on the part of the City of any of its rights under 
 this contract. 
 
 86 
 
CHAPTER IX 
 REMEDIES IN CASE OF CONTRACTORS DEFAULT 
 
 ARTICLE LX. If the work to be done under this contract 
 shall be abandoned by the Contractor, or if this contract shall 
 be assigned or the work sublet by him otherwise than as herein 
 specified, or if at any time the Engineer shall be of opinion, and 
 shall so certify in writing to the Commission, that the perform- 
 ance of this contract is unnecessarily or unreasonably delayed 
 or that the Contractor is wilfully violating any of the provisions 
 or covenants of this contract or of the specifications or is not 
 executing the same in good faith and in accordance with the 
 terms hereof, or if the work be not completed within the 
 time prescribed in this contract for its completion or within the 
 time to which such completion may be extended by the Commis- 
 sion, or (in view of the necessity for special skill and ample 
 financial resources in the prosecution of the work) if the Con- 
 tractor shall become insolvent or bankrupt or if his property 
 or affairs shall be put in the hands of a receiver or receivers, 
 then and in any of such cases 
 
 (1) The Commission may notify the Contractor, by a 
 written notice, to discontinue all work or any part thereof under 
 this contract, and thereupon the Contractor shall discontinue 
 the work or such part thereof, and the Commission shall there- 
 upon have the right to contract for the completion of the Works 
 or such part thereof in the manner prescribed by law or to 
 place such and so many persons as it may deem advisable, by 
 contract or otherwise, to work and complete the work herein 
 described or such part thereof, to take possession of and use 
 any or all of the materials, plant, tools, equipment, supplies and 
 property of every kind provided by the Contractor for the pur- 
 
 87 
 
REMEDIES IN CASE OF CONTRACTOR'S DEFAULT 
 
 pose of his work, and to procure other materials, plant, tools, 
 equipment, supplies and property for the completion of the same, 
 and to charge the expense of said labor, materials, plant, tools, 
 equipment, supplies and property to the Contractor. The expense 
 so charged may be deducted and paid by the City out of such 
 moneys as may be due or may at any time thereafter grow due 
 to the Contractor under and by virtue of this contract. And 
 in case the expense of completing the Works or such part thereof 
 shall exceed the amount which would have been payable under 
 this contract for the same work and materials if this contract 
 had been completed by the Contractor, he shall pay the amount 
 of such excess with interest to the City ; and in case such expense 
 shall be less than the amount which would have been payable 
 under this contract for the same work and materials if this 
 contract had been completed by the Contractor, he shall forfeit 
 all claim to the difference ; and when any particular part of the 
 work is being carried on by the Commission, by contract or 
 otherwise, under the provisions of this Article, the Contractor, 
 unless he shall have been directed to discontinue all work, shall 
 continue the remainder of the work in conformity with the terms 
 of this contract and in such manner as in nowise to hinder or 
 interfere with other contractors of the Commission or with the 
 persons or workmen employed, as above provided, by the Com- 
 mission, by contract or otherwise, to do any part of the work 
 or to complete the same under the provisions of this Article. 
 The Contractor shall also in any and every such case in which 
 the Commission shall complete the Works or any part thereof 
 under the provisions of this Article, in addition to the liability 
 above expressed, pay to the City as liquidated damages for any 
 delay, resulting from the act, neglect, delay, fault or default of 
 the Contractor, in the completion in all respects of the work cov- 
 ered by this contract the sum of fifty dollars ($50) for each 
 and every day, except Sundays and legal holidays, of such 
 delay, which sum is hereby agreed upon not as a penalty but as 
 liquidated damages which the City will suffer by reason of such 
 delay. And 
 
 (2) The City may also proceed as to the Commission shall 
 seem proper upon the Bond or other security in its posses- 
 sion. And 
 
 88 
 
REMEDIES IN CASE OF CONTRACTOR'S DEFAULT 
 
 (3) The City may also bring any suit or proceeding for 
 specific performance or for injunction or to recover damages 
 or to obtain any other relief or for any other purpose proper 
 under this contract. 
 
 ARTICLE LXI. In case the Commission shall by contract 
 or otherwise complete the Works or any part thereof under the 
 provisions of Article LX, the Engineer, upon the completion 
 of the Works or such part thereof or at any time thereafter 
 upon demand in writing by either party hereto or from time 
 to time during the course of the completion of the Works or 
 such part thereof upon demand by the Commission, shall certify 
 to the amount of the expense incurred by the City in the com- 
 pletion of the Works or such part thereof, and said certificate 
 shall be final and conclusive and admissible in evidence against 
 the Contractor in any litigation arising or growing out of this 
 contract. 
 
 ARTICLE LXII. The City may avail itself of each and every 
 remedy herein specifically given to the City or now or hereafter 
 existing at law or in equity or by statute, and each and every 
 such remedy shall be in addition to every other remedy so spe- 
 cifically given or otherwise so existing and may be exercised 
 from time to time and as often and in such order as may be 
 deemed expedient by the Commission, and the exercise, or the 
 beginning of the exercise, of one remedy shall not be deemed 
 to be a waiver of the right to exercise, at the same time or 
 thereafter, any other remedy, except that no two inconsistent 
 remedies shall be exercised at the same time. 
 
 89 
 
CHAPTER X 
 MISCELLANEOUS PROVISIONS 
 
 ARTICLE LXIII. No correction or change in this contract 
 shall be made except by written instrument duly authorized by 
 the Commission and consented to by the Contractor and by the 
 sureties upon his bond ; but this provision shall not limit or 
 affect the right to prescribe variations whether of construction 
 or of location of route as in this contract elsewhere provided. 
 
 ARTICLE LXIV. No claim shall be made by the Contractor 
 against any member of the Commission personally under or by 
 reason of this contract or any of its articles or provisions. 
 
 ARTICLE LXV. The Contractor shall not assign, transfer, 
 convey, sublet or otherwise dispose of this contract or his right, 
 title or interest in or to the same or any part thereof without 
 the previous consent in writing of the Commission, and he 
 shall not assign by power of attorney or otherwise any of the 
 moneys to become due and payable under this contract unless 
 by and with the like consent. If the Contractor shall without 
 such previous written consent assign, transfer, convey, sublet 
 or otherwise dispose of this contract or of his right, title or 
 interest therein or any of the moneys to become due under this 
 contract, to any other person, company or corporation, this 
 contract may at the option of the Commission be revoked and 
 annulled and the City shall thereupon be relieved and discharged 
 from any and all liability and obligations growing out of the 
 same to the Contractor and to his assignee or transferee ; and no 
 right under this contract or to any money to become due here- 
 under shall be asserted against the City in law or in equity by 
 reason of any so-called assignment of this contract or any part 
 thereof or of any moneys to grow due hereunder unless author- 
 ized as aforesaid by the written consent of the Commission ; pro- 
 
 90 
 
MISCELLANEOUS PROVISIONS 
 
 vicled that nothing herein contained shall be construed to hinder, 
 prevent or affect an assignment by the Contractor for the benefit 
 of his creditors made ^pursuant to the statutes of the State of 
 New York. 
 
 ARTICLE LXVI. In case the Commission shall cease to ex- 
 ist, the Legislature may provide what public officer or officers 
 shall exercise the powers and duties of the Commission 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 
 Commission shall hereafter have the powers of the Commission 
 or any of them, then the provisions of this contract shall be 
 applicable to such officer or officers to the extent to which the 
 powers of the Commission shall appertain to such officer or 
 officers, and any official act or determination of such officer or 
 officers or of the Commission shall be sufficient hereunder, any- 
 thing herein to the contrary notwithstanding, if the same be done 
 or had by lawful vote or resolution or in such manner as the 
 Legislature may from time to time prescribe. 
 
 ARTICLE LXVII. The Contractor agrees to comply with the 
 provisions of the Labor Law, including Section Three thereof 
 as re-enacted by Chapter 36 of the Laws of 1909. The Con- 
 tractor further agrees and stipulates that no laborer, workman or 
 mechanic in the employ of the Contractor, subcontractor or other 
 person doing or contracting to do the whole or a part of the 
 work contemplated by this contract 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; and further that the wages to be 
 paid for a legal day's work as hereinbefore defined to all classes 
 of such laborers, workmen or mechanics upon the work con- 
 templated by this contract or upon any material to be used upon 
 or in connection therewith, shall be not less than the prevailing 
 rate for a day's work in the same trade or occupation in the 
 Borough of the City where the work hereby contemplated about 
 or in connection with which such labor is performed in its final or 
 
 91 
 
MISCELLANEOUS PROVISIONS 
 
 completed form is to be situated, erected or used ; and that each 
 such laborer, workman or mechanic employed by the Contractor 
 or by any subcontractor or other person on, about or upon the 
 work contemplated by this contract, shall receive such wages 
 herein provided for. This contract shall be void and of no effect 
 unless the Contractor shall comply with the provisions of this 
 section. In obedience to the requirements of Section Fourteen 
 of the Labor Law it is further provided that if the provisions 
 of the said Section Fourteen are not complied with, this con- 
 tract shall be void. 
 
 ARTICLE LXVIII. It is the intent and understanding of the 
 parties to this contract that each and every provision of law 
 required to be inserted in this contract should, be and is in- 
 serted 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 in- 
 serted or is not inserted in correct form, then this contract shall 
 forthwith, upon the application of either party, be amended by 
 such insertion so as to comply strictly with the law and without 
 prejudice to the rights of either party hereunder. 
 
 ARTICLE LXIX. If this contract contains any unlawful pro- 
 vision not an essential part of the general structure of the con- 
 tract and which shall not appear to have been a controlling or 
 very material inducement to the making thereof, the same shall 
 be deemed of no effect and shall upon the application of either 
 party be stricken from the contract without affecting the bind- 
 ing force of the contract as it shall remain after omitting such 
 provision. 
 
 92 
 
TESTIMONIUM 
 
 In Witness Whereof, this contract has been executed for 
 THE CITY OF NEW YORK by the PUBLIC SERVICE COMMISSION 
 FOR THE FIRST DISTRICT under and by virtue of a resolution duly 
 adopted by the Commission and the seal of the Commission has 
 been hereto affixed and attested by its Secretary and these pres- 
 ents have been signed by its Chairman ; and the CONTRACTOR has * 
 [hereunto set hand and seal ] 
 
 [caused corporate seal to be hereto 
 
 affixed and these presents to be executed by proper 
 
 officers] the day and year first above written. 
 
 THE CITY OF NEW YORK 
 
 by the 
 PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT 
 
 by 
 
 Chairman 
 Attest 
 
 Secretary 
 
 *If the Contractor be an individual, use the words enclosed in the 
 first bracket; if a corporation, use the words enclosed in the second 
 bracket. 
 
 93 
 
ACKNOWLEDGMENT FOR COMMISSION 
 
 STATE OF NEW YORK.) 
 
 ss * 
 County of New York,j 
 
 On the day of , 1915, before 
 
 me personally appeared Edward E. McCall and Travis H. Whit- 
 ney, to me known and known to me to be the said Edward E. 
 McCall, the Chairman, and the said Travis H. Whitney, the Sec- 
 retary of the Public Service Commission for the First District; 
 and the said Edward E. McCall and Travis H. Whitney being 
 by me duly sworn, did depose and say, each for himself and not 
 the one for the other, the said Edward E. McCall, that he 
 resides in the Borough of Manhattan, in the City, County and 
 State of New York, that he is the. Chairman of the said Com- 
 mission and that he subscribed his name to the foregoing con- 
 tract by virtue of the authority thereof ; and the said Travis H. 
 Whitney, that he resides in the Borough of Brooklyn, in the 
 County of Kings, City and State of New York, that he is the 
 Secretary of the said Commission and that he subscribed his 
 name thereto by like authority; and both the said Edward E. 
 McCall and Travis H. Whitney that they know the seal of the 
 said Commission and that one of the seals affixed to the forego- 
 ing contract is such seal and that the same was affixed to the 
 foregoing contract by the authority of the said Commission and 
 by a resolution duly adopted by the same. 
 
ACKNOWLEDGMENTS FOR CONTRACTOR 
 STATE OF NEW YORK,) 
 
 SS ' 
 
 County of New York,j 
 
 On this day of ,1915, before me 
 
 personally came 
 
 to me known and known to me to be the individual described in 
 and who executed the foregoing instrument, and he duly ac- 
 knowledged to me that he executed the same. 
 
 STATE OF NEW YORK,| 
 County of New York,j SJ 
 
 On this day of , 1915, before me 
 
 personally appeared 
 
 to me known, who, being by me first duly sworn, did depose 
 and say : That he resides in 
 in the State of ; that he is 
 
 of 
 
 the corporation described in and which executed the foregoing 
 instrument; that he knows the corporate seal of said corpora- 
 tion; that one of the seals affixed to said contract is such cor- 
 porate seal, and that it was affixed thereto by order of the Board 
 of Directors of said corporation, and that he signed his name 
 thereto by like authority. 
 
 95 
 
SCHEDULE OF SECURITIES 
 
 (NOTE. If the Contractor, upon the approval of the Com- 
 mission, deposits securities in lieu of a bond, a description of 
 such securities with their values shall be inserted below.) 
 
 96 
 
FORM OF 
 CONTRACTOR'S BOND 
 
 For Construction of a Storm Drain for the 
 
 QUEENSBORO SUBWAY RAPID TRANSIT 
 RAILROAD 
 
FORM OF CONTRACTOR'S BOND 
 
 STORM DRAIN FOR QUEENSBORO SUBWAY RAPID TRANSIT RAIL- 
 ROAD 
 
 Know all Men by these Presents, That 
 
 of 
 
 hereinafter called the Contractor and 
 
 and 
 
 hereinafter called the Sureties arc held and firmly bound unto 
 The City of New York, hereinafter called the City, in the sum 
 of three thousand dollars ($3,000) lawful money of the United 
 States of America, to be paid to the City, for which payment 
 well and truly to be made the Contractor and the Sureties do 
 hereby bind themselves and their, and each of their, executors, 
 administrators, successors and assigns firmly by these presents, 
 as follows : The Contractor to be* so held and bound for the full 
 amount of the said sum of three thousand dollars ($3,000) and 
 each of the said Sureties to be so held and bound only for a 
 portion of said sum as follows : 
 
 The said 
 
 for the sum of 
 
 dollars ($ ) ; the said 
 
 for the sum of 
 
 dollars ($ ) ; the said 
 
 for the sum of 
 
 dollars ($ ) ; and the said 
 
 for the sum of 
 
 dollars ($ ). 
 
 IN WITNESS WHEREOF, The Contractor and the Sureties have 
 hereunto set their hands and seals and such of them as are 
 corporations have caused their respective seals to be hereto af- 
 fixed and these presents to be attested by the proper officers, 
 this day of , 
 
 1915. 
 
 98 
 
FORM OF CONTRACTOR'S BOND 
 
 WHEREAS, The City by the Public Service Commission for 
 the First District (hereinafter called the Commission) is about 
 to enter into a contract with the Contractor bearing even date 
 herewith for the construction by the Contractor of a Storm 
 Drain for the Queensboro Subway Rapid Transit Railroad ex- 
 tending under Queens Boulevard from Hill Street to Gosman 
 Avenue, in the Borough of Queens, 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 hereof, 
 
 Now, THEREFORE, the condition of the foregoing obligation 
 is such that if the Contractor shall faithfully perform all the 
 conditions, covenants and requirements specified and provided 
 for in said contract, 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 only 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 do any 
 act ; that no omission on the part of the City to give any notice 
 of extension of time granted by or on behalf of the City shall 
 be availed of by the Sureties or any of them 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 a formal 
 written instrument duly executed between the City and the 
 Contractor which shall have been duly authorized by a vote of 
 the Commission -and entered into without the consent of the 
 Sureties ; and that in case of such alteration, however 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. 
 
 99 
 
FORM OF 
 CONTRACTOR'S PROPOSAL 
 
 For Construction of a Storm Drain for the 
 
 QUEENSBORO SUBWAY RAPID TRANSIT 
 RAILROAD 
 
CONTRACTOR'S PROPOSAL 
 
 FOR THE CONSTRUCTION OF A STORM DRAIN FOR THE QUEENSBORO 
 SUBWAY RAPID TRANSIT RAILROAD 
 
 NOTICE. There must remain annexed hereto: 
 Copy of Invitation to Contractors 
 Copy of Information for Contractors 
 Copy of Form of Contract 
 Copy of Form of Bond 
 
 To the 
 
 Public Service Commission for the First District : 
 (1) The undersigned* 
 
 do hereby, in pursuance of the Invitation to Contractors and 
 the 'Information for Contractors, copies of which are attached 
 hereto and made a part hereof, propose according to the terms 
 thereof to enter into a contract in the form annexed hereto and 
 made a part hereof with The City of New York (hereinafter 
 called the "City") for the construction of a Storm Drain for the 
 Queensboro Subway Rapid Transit Railroad and to furnish all 
 necessary labor, materials, plant, power, tools, supplies and other 
 means of construction and perform all the work mentioned in 
 the said contract at the prices for the several items as given in 
 the following Schedule of Unit Prices or as otherwise provided 
 in the form of contract. It is understood that the quantities of 
 various items specified in the following schedule are approximate 
 only and are given as a basis for the uniform comparison of bids 
 and are not in any way guaranteed "or represented as correct or 
 intended to be relied upon, and they shall not be taken as final 
 and shall form no basis for any claim in case they do not cor- 
 respond with the final measurements or quantities. It is further 
 understood that the Commission reserves the right to increase 
 or to diminish or to omit entirely any of the quantities of items 
 as therein stated. 
 
 * The bidder's name must be inserted here. If the bid is submitted 
 by a corporation, the full legal title must be given here and a certified 
 copy of the certificate of incorporation must be submitted, together with 
 an affidavit showing the amount of stock paid in in cash and the names 
 and addresses of the directors and principal officers. If the bidder be a 
 foreign corporation, proof must also be submitted of its authority to 
 transact business in the State of New York. In case the bidder has 
 already filed such papers with the Commission in connection with another 
 bid he may so state and omit such papers in this instance. If the bid is 
 submitted by a firm, the above blank must be filled in in the following 
 form, "the firm of A. B. & Co., composed of A., B., C, D., etc." (giving 
 the names of all the partners). 
 
 102 
 
CONTRACTOR S PROPOSAL 
 
 Classification 
 
 For earth excavation, both above and 
 below mean high water, including 
 the disposal of it, etc., per cubic yd. . 
 
 For rock excavation, including the 
 disposal of it, etc., per cubic yd 
 
 For concrete masonry, in place, per cu- 
 bic yd 
 
 For timber foundations, placed and 
 fastened, per thousand ft. B. M.... 
 
 For broken stone or gravel, in place, 
 other than that used in concrete, per 
 cubic yd : 
 
 For vitrified or cast-iron drain pipe, in 
 place, as follows: 
 
 (a) For 12-inch vitrified pipe, per lin- 
 eal ft 
 
 (b) For 10-inch vitrified pipe, per lin- 
 eal ft 
 
 (c) For 8-inch vitrified pipe, per lin- 
 eal ft 
 
 (d) For 6-inch vitrified pipe, per lin- 
 eal ft 
 
 (j) For 15-inch vitrified pipe, per lin- 
 eal ft -.. 
 
 For cast-iron pipe and fittings, includ- 
 ing specials, "extra heavy," in place, 
 as follows : 
 
 (c) For 6-inch, per lineal ft 
 
 (f ) For 12-inch, per lineal ft 
 
 For steel rods and bars built in con- 
 crete, per ton 
 
 For miscellaneous iron castings, such 
 as manhole heads and covers, grat- 
 ings, etc., in place, per ton 
 
 For street surface restored, as fol- 
 lows : 
 
 (h) For all surfaces of whatever char- 
 acter, as required by Section No. 
 139, per square yd 
 
 (o) For restoring old curb, as re- 
 quired by Section No. 139, per lineal 
 ft. 
 
 Unit Price 
 
 Estimated 
 Approxi- 
 mate 
 Quantities 
 
 This column 
 
 not to be 
 
 used by 
 
 Bidder 
 
 Amount 
 
 6,600 
 
 100 
 
 55 
 
 2 
 
 20 
 
 1,600 
 
 400 
 
 1,700 
 
 1,900 
 
 900 
 
 700 
 25 
 
 150 
 100 
 
 103 
 
CONTRACTOR S PROPOSAL 
 
 () If this Proposal is accepted and the proposed contract 
 consented to by the Board of Estimate and Apportionment, the 
 undersigned will within three (3) days after the delivery of 
 notice attend at the office of the Commission, in person or by duly 
 authorized representative, and will then and there deliver the 
 contract with the City in the form aforesaid duly executed and 
 with its execution duly proved; and the undersigned will at the 
 same time deliver to the Comptroller of the City pursuant to the 
 terms of said contract a bond in the sum of three thousand dol- 
 lars ($3,000) in the form annexed hereto and made a part hereof 
 with the following named sureties, or, in the event that the fol- 
 lowing named sureties or any of them shall not be approved by 
 the Commission, with such other sureties as the Commission shall 
 approve: * 
 
 It is understood that the acceptance of this Proposal by the 
 Commission shall not be construed as an approval of the sureties 
 or securities named in this Proposal, and in case the sureties or 
 securities named in this Proposal are not approved by the Com- 
 mission, the undersigned, within three (3) days after notice of 
 disapproval or within such further period, if any, as may be 
 prescribed by the Commission, shall substitute the names of other 
 sureties or securities approved by the Commission. 
 
 (3) If the Commission shall notify the undersigned that this 
 Proposal is accepted and that the proposed contract is consented 
 to by the Board of Estimate and Apportionment, then if the 
 undersigned shall fail within three (3) days thereafter or within 
 
 * The bidder may, under the Rapid Transit Act, upon the approval 
 of the Commission, deposit cash or securities in lieu of a bond ; and 
 the bidder, if desirous of so doing, shall so state here and shall strike 
 out the wdrds in italics and shall insert in the Schedule of Securities 
 following the description of the securities proposed to be deposited. If 
 securities are to be deposited, they must be securities which are lawful 
 for the investment of funds of saving banks within the State of New 
 York, and must be approved by the Commission. If a bond is to be 
 delivered, the names of the proposed sureties shall be inserted here. 
 
 104 
 
CONTRACTORS PROPOSAL 
 
 such further period, if any, as may be prescribed by the Commis- 
 sion to execute and deliver the contract or to execute and deliver 
 the said bond or to make the said deposit in cash or securities, the 
 undersigned may, at the option of the Commission, be deemed 
 either to have made the contract or to have abandoned the con- 
 tract. And in the latter case the Commission may give notice 
 thereof to the undersigned and may thereupon proceed to make 
 another contract with such, if any, of the original bidders as, 
 in the opinion of the Commission, it will be to the best interests 
 of the City to contract with or may by new advertisement invite 
 further proposals, and the undersigned shall thereupon be liable 
 to the City for all loss and damage sustained by the City by 
 reason of such failure of the undersigned. . Inasmuch as the 
 amount of such loss and damage will be extremely difficult to 
 ascertain, it is expressly understood and agreed that such loss 
 and damage shall be liquidated and paid as follows : The under- 
 signed shall pay to the City the expense of such new advertise- 
 ment, if any, and in addition thereto the sum of fifty dollars 
 ($50) for each and every day, except Sundays and legal holidays, 
 that the City shall be delayed in entering into a contract for the 
 construction of said Storm Drain by reason of such failure of 
 the undersigned and in addition thereto the excess, if any, of the 
 amount of the bid, calculated from the quantities and prices con- 
 tained in the proposal, which the City shall accept and upon which 
 it shall enter into a contract for the construction of said Storm 
 Drain over the amount of the bid, calculated from the quantities 
 and prices contained in this Proposal, of the undersigned ; which 
 sums are hereby agreed upon not as a penalty but as liquidated 
 damages which the City will suffer by reason of such failure of 
 the undersigned. And the Invitation to Contractors and the In- 
 formation for Contractors and this Proposal shall constitute a 
 contract binding the undersigned to pay to the City the loss and 
 damage sustained by the City by reason of such failure of the 
 undersigned, as aforesaid. 
 
 (4) At the time of delivering this Proposal to the Commis- 
 sion the undersigned will separately deliver a certified check pay- 
 able to the order of the Comptroller of the City for the sum of 
 
 105 
 
CONTRACTOR'S PROPOSAL 
 
 one thousand dollars ($1,000). And the undersigned hereby 
 assigns to the City the said sum so specially deposited by the 
 delivery of such certified check as security for the performance 
 of the obligations of the undersigned under this Proposal. It is 
 understood that such check is to be returned to the undersigned 
 when the contract for. the construction of said Storm Drain is 
 executed and its provisions in respect of the bond or deposit are 
 complied with, unless all the proposals submitted in response to 
 said Invitation to Contractors shall be rejected by the Commis- 
 sion, and in that case when such proposals are rejected, as pro- 
 vided in the Information for Contractors. In case the under- 
 signed shall default in the performance of any of the obligations 
 of the undersigned under this Proposal, the City shall have the 
 right to apply the amount so specially deposited or so much 
 thereof as may be necessary as a payment on account of the dam- 
 ages sustained by the City by reason of such default as aforesaid 
 and shall return the balance, if any, to the undersigned. If the 
 amount of such damages shall exceed the amount of said sum so 
 specially deposited, the undersigned shall promptly upon demand 
 from the Commission pay the amount of said excess to the City. 
 
 (5) A notice .that this Proposal has been accepted and that 
 the said contract has been consented to by the Board of Estimate 
 and Apportionment addressed to the undersigned by the Commis- 
 sion as aforesaid shall forthwith, at the option of the Commis- 
 sion, operate as against the undersigned as a complete making of 
 a contract according to the form thereof as aforesaid, with the 
 blanks therein contained filled in according to this Proposal. 
 
 (6) The Commission may cause any notice intended for the 
 undersigned to be delivered at Room No. on the 
 
 floor of the building, No. 
 
 in the Borough of in the City of New York. 
 
 Such delivery shall be sufficient notice to the undersigned. 
 
 (7) There are no persons interested with the undersigned in 
 this Proposal, except * 
 
 * Here insert the names and addresses of all persons interested with 
 the bidder. If there are no such persons strike out the word ''except." 
 
 106 
 
CONTRACTOR S PROPOSAL 
 
 (8) This Proposal is made without any connection with any 
 other person making a proposal or bid for the same purpose and 
 is in all respects fair and without collusion or fraud. No mem- 
 ber of the Board of Aldermen, head of department, chief of 
 bureau, deputy thereof or clerk therein or other officer of the 
 City or any member or employee of the Commission is interested 
 directly or indirectly, as contracting party, partner, stockholder 
 or otherwise, in or in the performance of the contract or in the 
 supplies, work or business to which it relates or in any portion 
 of the profits thereof. 
 
 Datedt 1915. 
 
 fThe bidder must sign his proposal on this page. 
 
 107 
 
CONTRACTOR'S PROPOSAL 
 SCHEDULE OF SECURITIES 
 
 (Note. If the bidder desires not to give a bond, but to deposit 
 securities in lieu thereof, a description of the securities to be 
 deposited for that purpose must be inserted below. 
 
 All securities when delivered must be payable to, or run in 
 favor of, or be transferred to, the Comptroller of The City of 
 New York.) 
 
 108 
 
CONTRACTOR S PROPOSAL 
 
 Affidavit of Verification 
 
 STATE OF NEW YORK, \ 
 City and County of New YorkJ 
 
 being duly 
 sworn, says: I am* 
 
 the proposing Contractor above named. I have read the fore- 
 going proposal. The same is in all respects true. 
 
 Sworn to before me this| 
 day of , 1915J 
 
 * If the bidder be an individual, do not fill this blank ; if the bidder 
 be a firm, here say, "a member of the firm of "; 
 
 if a corporation, say "the (President or other officer duly authorized) 
 of the Company." 
 
 109 
 
YCIOI2IO 
 
 IV259759 
 
 THE UNIVERSITY OF CALIFORNIA LIBRARY