BOARD OF RAPID TRANSIT RAILROAD COMlVi. SIGNERS FOR THE CITY OF NEW YORK. Contract J|ix 2 BEING FOR CONSTRUCTION AND OPERATION OF BROOKLYN-MANHATTAN RAPID TRANSIT RAILROAD. Approved as to form this 26th day of June, 1902. G. L. KITES, CORPORATION COUNSEL OP THE CITY OF NEW YORK. TF CONTRACT No. 2. TABLE OF CONTENTS. PAGE Contract i Chapter I., General 2. Chapter II., Agreement for Construction 21 Chapter III., The Lease 100 Passenger Traffic Agreement 139 Substitution of Continuing Bond 147 Borough Hall Change of Alignment 159 Additional Tracks on Fulton Street 165 Assignment to Interborough Company 183 Consent to Assignment 195 Computation of Rentals 207 M206865 Brooklyn=Manhattan Rapid Transit Railroad. CONTRACT. Agreement, made this 2ist day of July, 1902, between THE CITY OF NEW YORK, hereinafter called the City, acting by THE BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, hereinafter called the Board, party of the first part, and RAPID TRANSIT SUBWAY CONSTRUCTION COM- PANY, a corporation organized under the laws of the State of New York, of The City of New York, hereinafter called the Contractor, party of the second part. WHEREAS, the Board, in behalf of the City, by due advertise- ment pursuant to law, of a notice for proposals, which is substan- tially in the form hereto annexed and entitled Invitation to Contractors has invited contractors to submit to the Board proposals for making this contract ; and WHEREAS, the Contractor has thereupon duly submitted to the Board a proposal in the form hereto annexed and entitled Contractor's Proposal Now, therefore, in consideration of the said Invitation to Contractors and the said Contractor's Proposal and of the mu- tual stipulations and covenants hereinafter contained, and under the authority of chapter 4 of the Laws of 1891, entitled, "An Act "to provide for Rapid Transit Railroads in Cities of over one "million Inhabitants," and of the various acts amending the same, the parties hereby do, the City for itself and its successors and the Contractor for itself and its successors Agree each with the other as follows : CHAPTER L GENERAL. Outline of Contract. Rental un- der Lease. Tratisporta- tion over connecting lines. The Contractor agrees with the City to fully construct and equip a Rapid Transit Railroad upon the Routes and General Plan hereinafter mentioned, and to put the same in operation and there- after to use, maintain and operate the same under a lease therof from the City for the term of thirty-five years. The City shall pay to the Contractor for Construction of the Railroad the sum of Two million dollars ($2,000,000) ; and, in addition to the foregoing, the sum of One million dollars ($1,000,000) for terminals and real estate, Provided, however, that such payments shall be subject to modification as hereinafter provided. The Contractor shall pay to the City as annual rental under such lease, the sums to be fixed and ascertained in the manner stated in Chapter III. hereof. The Contractor has by its Proposal offered to assure to the City, in case the latter should make with it this contract, that, upon com- pletion of the Railroad (as hereinafter defined) and thereafter for the entire period of the Lease herein contained and any renewal thereof, passengers over the same should have the right to trans- portation over connecting railways and passengers over the con- necting railways should have the right to transportation over the : Railroad as follows : Transportation without change of cars and for a single fare not exceeding five cents for one continuous trip over the Rail- road and any of the connecting lines mentioned in List A forming part of the Contractor's Proposal, being as follows : The lines operated or to be operated by the Interborough Rapid Transit Company in the Boroughs of Manhattan and the Bronx as now authorized. Excepting in the case where the Contractor shall have entered into an agreement with a connecting line to carry a passenger for less than five cents, the Interborough Company will not agree in such case to carry passengers beyond Fifty-ninth street for the less fare. The Contractor shall, therefore, procure to be executed and proved in form proper for record, and to be duly delivered in three identical originals a passenger traffic agreement with all owners of Chapter I. General each and every of the said connecting lines required by the Board Agreements c 11 T- 1 1 1 11 1. i ; 11 u with owners as follows : Each such agreement shall be between all such owners of connec t- of the connecting line, as parties of one part, the Contractor as ing lines. party of another part and the City acting by the Board as party of the third part. Each such agreement shall be accompanied by an assent in writing, executed and proved in proper form for record of every mortgagee or other lienor of the connecting line, provided that the assent of a trustee under a mortgage or trust deed shall not be required unless such trustee shall have, under the provisions of such mortgage or trust deed, the power to give such assent. The agreement shall recite this contract and bind the Contractor and the owners of the connecting line and effectually subject such connecting line to the obligation to provide for every passenger over the Railroad or any part thereof, desiring the same, trans- portation over such connecting line as above assured by the Con- tractor, and to the performance of the provisions of the Lease with reference to transportation over such line and shall also effectually subject the Contractor to the obligation to provide for every pas- senger coming from such connecting line and desiring the same transportation over the Railroad as above assured. It shall con- tain provisions and be in form which shall have been approved in writing by the Board, and it shall have been executed by such par- ties as owners as the Board shall require. The Contractor shall within ten ( 10) days after the execution of this contract or such further time as shall be prescribed by the Board, deliver to the Board in duplicate a draft of such contract with the owner or owners (including the mortgagees and other lienors, if any, who or which should as aforesaid give assent) of every such connecting line with a statement of ownership and title with sufficient detail, to enable the Board to know whether all necessary parties as owners or lienors are proposed. The Board within thirty days after receiving from the Contractor such draft and a statement and evidence which shall be satisfactory to the Board as to the power to enter into such contract possessed by the party or parties therein described as such owner or owners or lienors, shall return such draft to the Contractor either approved, or, if not approved, then with a memorandum of the changes in form or of the parties who are to execute the same which in the opinion of the Board ought to be made therein. If the Contractor shall not so deliver all such drafts required as aforesaid and furnish such information satisfactory as aforesaid as to ownership and title within such Chapter I. General Divisions. Construc- tion of the Contract. Definitions of words. City. " Board." 'Con- tractor." time limited as aforesaid, or if, after proposing- any such draft, and within ten days after receiving the same back from the said Board either approved or with proposed amendments, fail to pro- cure the same as so approved or amended to be duly executed by such owner or owners (with the assent of every mortgagee or lienor whose assent is necessary) and the Contractor, then and in either such case the Board may, in its discretion, by notice to the Contractor, terminate this contract. This contract, besides this present Chapter L, General, includes hereinafter the following- divisions : Chapter II. Agreement for Construction; and Chapter III. Agreement for Operation the Lease. The three chapters and all the provisions of this contract are and shall be construed as a single instrument. But, if, between the provisions of the Agreement for Construction and the provisions of the Lease, there shall be any inconsistency, the provisions of the Lease shall control. The Contractor shall so construct and equip the Railroad as to fully and strictly meet all the requirements and exigencies of the operation thereof as provided in the Lease. The respective obli- gations of the City and the Contractor in or relating- to the use or operation of the Railroad, or as lessor or lessee shall be ascertained solely from this Chapter I., General (including the Copy of the Routes and General Plan, but none other of the papers appended to this Contract), and Chapter III., the Lease. The following words and expressions used in this contract shall, except where by the context it is clear that another meaning is in- tended, be construed as follows : 1 i ) The word "City" to mean The City of New York, and any other corporation or division of government to which the owner- ship, rights, powers and privileges of The City of New York under the Rapid Transit Act, shall hereafter come, belong or appertain. (2) The word "Board" to mean the Board of Rapid Transit Railroad Commissioners for The City of New York, and any other board, body, official or officials, to which or to whom the powers now belonging to the said Board shall, by virtue of any act or acts, hereafter pass or be held to appertain. (3) The word "Contractor" to mean the party of the second part to this contract, and its successors and any and every person Chapter I. General "Comp- troller." or corporation who or which shall at any time be liable in the place or for the party of the second part to perform any obligations under this contract assumed by the said party of the second part. For convenience the Contractor is hereinafter spoken of as if the Contractor were a corporation. The word "it" shall, as the sense may require, include "he," "him," "she," "her," "they" and "them," and the word "its" shall include "his," "her" and "their." (4) The word "Comptroller" to mean the Comptroller of The City of New York, and the officer or board to whom or to which his powers now existing under the Rapid Transit Statute shall come to appertain. (5) The word "Engineer" to mean the present Chief Engineer "Engineer." of the Board and any successor or successors duly appointed or any deputy or substitute for him who shall be appointed by the Board or by its authority. (6) The word "Railroad" to mean the railroad which the Con- "Railroad." tractor shall be bound to build, with all stations and real estate belonging to and used in conjunction therewith, and all appur- tenances thereto and all other property to be used thereon or in conjunction therewith, and which under this contract are to be constructed or provided by the Contractor and by the Contractor to be maintained and operated, but excepting, however, the Equip- ment. (7) The words "Rapid Transit Statute" 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, and chapters 533, 542, 544 and 584 of the Laws of 1902, or as here- tofore otherwise amended. (8) The word "Equipment" to mean all equipment used or intended for use on the Railroad, including all motors, cars, whether used for passengers, freight, express or any other pur- pose, and all other rolling stock, all boilers, engines, wires, ways, conduits, mechanisms, machinery, power houses, all real estate upon which any such power houses shall stand or which shall be necessary for the generation or transmission of motive power, and all tools, implements and devices of every nature whatsoever used for such generation or transmission of motive power, and also all apparatus and devices for lighting, signalling and ventila- "Rapid Transit Statute." " Equip- ment." Chapter I. General "Agreement for Con- struction." "Lease." "New York." "Rental." "Con- struction." "Opera- tion." "Daily newspaper." tion, whether such equipment be situate on or near or separate from the railway, provided that the same be used or intended for use in connection therewith or for any of the purposes of the Railroad, and including all such equipment in existence at any time during or at the end of the term of the Lease, Provided, however, that real estate or rights therein or thereon paid for by the City and acquired for terminals, roadbed, stations or otherwise for the Railroad shall not be included in Equipment, but shall be part of the Railroad and the property of the City, and Provided, further, that no permanent part of the tunnel, although devised to hold cables or other devices for transmission of power shall be deemed part of the Equipment. (9) The words "Agreement for Construction" to mean the pro- visions of Chapter II. of this contract as explained or modified by the provisions of this chapter. ( 10) The word "Lease" to mean the provisions of Chapter III. of this contract as modified or explained by the provisions of this chapter. (n) The words "New York" to mean The City of New York according to its boundaries at the date of this contract. (12) The word "Rental" to mean all the payments to be made by the Contractor to the City as provided in the Lease, whether such payments be the equivalent of interest or otherwise. (13) The word "Construction" to mean all the work of constructing the Railroad, including the doing of work, the providing of materials, the complete furnishing of the Equip- ment of the Railroad, the restoration and reconstruction of street surfaces, sewers and other sub-surface structures, and all other work or materials to be done or furnished of every nature whatsoever under the Agreement for Construction, pro- vided, however, that no payment for Construction shall be made or deemed to be made for Equipment, it being the obli- gation of the Contractor, as hereinafter provided, to furnish the Equipment at its own expense. (14) The word "Operation" to mean using, operating and maintaining the Railroad according to the provisions of the Lease. (15) The words "daily newspaper" to mean any paper regu- larly published in the City of New York on every day or every day except Sundays and holidays. Chapter I. General (16) The word "notice" to mean a written notice. The word "direction" to mean a written direction. Every such notice or direction to be served upon the Contractor, or upon any surety, if not delivered personally, shall either be delivered at such office in the City of New York as shall have been designated by the Contractor or surety, or shall be mailed by deposit in the general postoffice in the City of New York, postage prepaid, addressed to the office so designated, or to such office as the Contractor shall designate by written notice delivered to the Board, or if no such office shall have been designated, or if such designation shall have for any reason become inoperative, then addressed to the person or corpora- tion intended at the City of New York. Such delivery or mailing shall be equivalent to direct personal notice. This contract is made pursuant to the Rapid Transit Statute which is to be deemed a part hereof as if it were incorporated in every chapter hereof. Simultaneously with the execution of this contract the Contractor shall give security for the performance of its obli- gations both under the Agreement for Construction and under the Lease as follows : I. For Construction: By depositing with the Comptroller the sum of One million dollars ($1,000,000) in cash or in value of securities as the Contractor may elect. If securities be deposited they shall be securities of which a schedule shall be hereto annexed, entitled Schedule of Securities, No. i (in lieu of One Million Dollars), together with the written ap- proval of the Board which it shall give when satisfied as to the character thereof. In case any of the securities before the Railroad shall be fully constructed and equipped, and as such accepted by the Board, shall, in the opinion of the Board, at any time cease to be of the character of securities in which the savings banks of the State of New York are then iauthorized by law to invest moneys, or shall, in the opinion of the Board, at any time become of less value than the value stated for it or them in the said schedule, then within ten days after notice to the Contractor of the objec- tion of the Board, the Contractor shall either substitute there- for securities which shall be approved by the Board as of the character aforesaid and as being of at least the value of "Notice, Direction." Statutes in- corporated herein. Security by Contractor. Deposit of $1,000,000. Chapter I. General When Con- tractor may substitute cash or se- curities. the former securities to which the Board 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 days substitute such new securities, it shall, if the Board so elect, be deemed to be in default in the performance of its obligations under this contract; and in addition to any and all other remedies against the Contractor or its sureties, the Board may require the Comptroller to deduct from any moneys then due or which may thereafter become due to the Contractor under this con- tract the amount of the original valuation of such securities objected to, and to hold such amount in lieu of such se- curities, as if part of the original deposit of $1,000,000, or as if deposited with the Comptroller as aforesaid, and such amount shall in such case be deemed, to be paid to the Con- tractor upon the contract. The securities so objected to shall upon such substitution of securities or deposit of cash in lieu thereof be returned to the Contractor. If and as the Board shall consent, and the law permits, the Contractor may, in such deposit substitute cash for securities or securities of the character aforesaid for cash, but always so that the total amount and value of the deposit shall not be reduced. The City shall collect all interest, dividends or other in- come on the cash or securities so held or deposited. The said deposit whether in cash or securities, in the form and as the same shall at any time be, shall be security for the faithful performance by the Contractor of all the covenants, conditions and requirements specified and provided for in the Agreement for Construction. In case of any default on the part of the Contractor in such performance, and in the further case that the City shall for or by reason of such failure, whether by reason of employment of another contractor or contractors or otherwise, incur or become liable for expense through such default as in the Agreement for Construction provided, then the Comptroller shall forthwith pay or apply to the use of the City from such deposit of $1,000,000, in cash or securities of that value as aforesaid or from the portion of the deposit remaining at the time, the amount of such expense. 8 Chapter I. General The Comptroller shall, upon the requirement of the Board, in order to make such payment or application to the use of the City, sell at public auction in the City of New York any of the securities which may then constitute part of such deposit upon notice to be published in three (3) daily news- papers, the first publication to be as much as ten (10) days before the sale and such publication to be made three (3) times within such ten (10) days. The Comptroller shall, upon the requirement of the Board, from the proceeds of any such sale, deduct all expenses thereof and of such ad- vertisement, 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 Contractor within ten (10) days after notice from the Board so to do shall there- upon by further deposit, according to the requirement of the Board, of money or securities of the character aforesaid ap- proved by the Board restore the said deposit with the Comp- troller to the full amount and value of One million dollars ($1,000,000). In addition to, or in lieu of, the sale above pro- vided for, the Board may, in the name of and in behalf of the City bring any appropriate suit or proceeding in any proper court to enforce the lien and claim of the City in and upon the said deposit, whether such deposit be in money or securities. If at any time when the Contractor shall otherwise be en- titled to a return of the said deposit, there shall be pending any claim for damages or loss caused to others by the negli- gence, fault, or default of the Contractor, for which it shall be claimed that the City shall be liable, then and in that case the said deposit, or such part thereof as the Board shall pre- scribe, shall, upon the requirement of the Board, be reserved by the Comptroller for a reasonable time as security to the City against such claims. And the amount of any such damages or costs paid by the City to others or for which the City shall be liable to others, shall be deducted from the said deposit before the same shall be returned to the Contractor as here- inafter provided. When the Contractor shall have fully completed the Con- struction and Equipment of the Railroad according to the terms of this contract, and the operation of the same shall Chapter I. General have begun pursuant to this contract, the Board shall so cer- tify, and upon such certificate, the Comptroller shall pay and deliver to the Contractor the said deposit, or so much thereof as shall not have been reserved or used or applied for any of the purposes above mentioned and the Contractor shall also then be entitled to be credited upon the Rental with a sum which shall be equal, as the case may be, either to the interest on the said deposit (if made in cash) from the time of such deposit at the average rate of interest received by the City on its bank balances during the period of such deposit, or to the interest, dividends or other income which the City shall have received from the said securities, together with interest on any such interest, dividends or other income so received by the City from such securities from the time of its receipt at the average rate of interest received by the City on its bank balances during the period of such deposit. If, however, any of the cash so deposited shall have been used or applied for any of the purposes above mentioned then the Contractor shall not be entitled to credit for interest on the amount of cash so applied from the time of such application. Bond for H- For Rental and also for Construction: By filing with the $1,000,000; Comptroller a bond in the penal sum of One million dollars ($1,000,000). The said bond shall be security for the payment of rent under the Lease by the Contractor and also for the faithful performance by it of all the covenants, conditions and requirements specified and provided for in this contract. It shall be executed by the Contractor and by his sureties ap- proved by the Board (who shall justify each in double the amount of his liability upon said bond), and shall be sub- stantially in the form hereto annexed and entitled Bond. In case any of the sureties upon the bond shald become in- solvent or unable in the opinion of the Board promptly to pay the amount of such bond to the extent of which such surety might be liable, then the Contractor within thirty days after notice by the Board to the Contractor shall, by supplemental bond or otherwise, substitute another and sufficient surety to be approved by the Board in place of the surety so insolvent or unable. If the Contractor shall fail, within such thirty days or such further time as the Board may grant, to so substitute an- other and sufficient surety, then the Contractor shall, for all the 10 Chapter I. General purposes of this contract, be deemed to be in default in the performance of its obligations hereunder and upon the said bond, and the Board may terminate the contract or may bring any proper suit or proceeding against the Contractor or the sureties, or either of them, or may require to be deducted from any moneys then in or thereafter coming into the hands of the City and due to the Contractor the amount for which the surety insolvent or unable as aforesaid shall have justified on the Bond ; and the moneys so deducted shall be held by the Comptroller as collateral security for the performance of the condition of the Bond.* [By a continuing deposit with or continu- the Comptroller of the sum of One million dollars ($1,000,000) ^ in cash or in value of securities as the Contractor may elect, ooo. If securities be deposited they shall be the securities of which a schedule shall be hereto annexed, entitled Schedule of Securities, No. II (for continuing Deposit), together with the written approval of the Board which it shall give when satis- fied as to the character thereof. In case any of the securities, while so deposited and before the termination of the Lease shall, at any time, in the opinion of the Board, at any time, cease to be of the character of securities in which the savings banks of the State of New York are then authorized by law to invest moneys, or shall, in the opinion of the Board, at any time become of less value than the value stated for it or them in the said schedule, then within ten days after notice to the Contractor of the objection of the Board, the Contractor shall substitute therefor securities which shall be approved by the Board as of the character aforesaid and as being of at least the value of the former securities to which the Board shall have objected as such value was originally stated in the said schedule. In case the Contractor shall not thereupon within such ten days substitute such new securities, it shall, if the Board so elect, be deemed to be in default in the per- formance of its obligations under this contract ; and in addi- tion to any and all other remedies against the Contractor *If the security be by deposit of cash or securities the words within the foregoing bracket will be omitted. If the security be by bond such words will be retained and the words within the succeeding bracket will be omitted. n Chapter I. General or its sureties, the Board may require the Comptroller to de- duct from any moneys then due or which may thereafter be- come 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 deposit of $1,000,000, or as if deposited with the Comptroller as aforesaid, and such amount shall in such case be deemed to be paid to the Contractor upon the contract. The securities so objected to shall upon such substitution of securities or deposit of cash in lieu thereof be returned to the Con- tractor. If such security be by - a continuing deposit of cash or securities as aforesaid, then in case of any default on the part of the Contractor in payment of rent under the Lease or in such faithful performance of all such covenants, conditions and re- quirements, the Comptroller shall forthwith pay or apply to the use of the City from such deposit of cash or securities or from the portion of the deposit remaining at that time, a sum equal to the amount of arrears of rental due the City under the Lease with interest thereon at the rate of six per cent, per annum from the time when the amount was due, and also a sum sufficient to fully indemnify the City as the case may require, for all other failures of the Contractor to so faithfully perform all such covenants, con- ditions and requirements. The Comptroller shall, upon the re- quirement of the Board, in order to make such payment or applica- tion to the use of the City, sell at public auction in the City of New York any of the securities which may then constitute part of such deposit upon notice to be published in three (3) daily news- papers, the first publication to be as much as ten (10) days be- fore the sale of such securities and such publication to be made three (3) times within such ten (10) days. The Comptroller shall, upon the requirement of the Board, from the proceeds of any such sale, deduct all expenses thereof and of such advertise- ment 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 Contractor within ten (10) days after no- tice from the Board so to do, shall thereupon by further deposit, according to the requirement of the Board, of money or securities of the character aforesaid approved by the Board, restore the said deposit with the Comptroller to the full amount and value of One million dollars ($1,000,000). In addition to or in lieu of the sale above provided for, or in case of any such default on the part of 12 Chapter I. General the Contractor in the payment of rental or otherwise, the Board may, in the name of and in behalf of the City, bring any appropri- ate suit or proceeding in any proper court to enforce the lien or claim of the City in and upon such deposit whether such deposit be in money or securities. 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 damages or loss caused to others by the negligence, fault or default of the Contractor for which it shall be claimed that the City, shall be liable, then and in that case the said deposit or such part thereof as the Board shall prescribe, shall, upon the requirement of the Board, be reserved by the Comptroller for a reasonable time as security to the City against such claims ; and the amount of any such damage or cost paid by the City to others or for which the City shall be liable to others shall be deducted from the said deposit before the same shall be returned to the Contractor as hereinafter provided. So long as the Contractor shall be in no default he shall be entitled to receive all interest, dividends or other income upon the securities so de- posited and to be credited against rental or other payments which shall become due from him interest upon any such deposit of cash at the average rate of interest then received by the City on its bank balances. If and as the Board shall consent, and the law permits, the Contractor may in such continuing deposit substitute cash for securities or securities of the character aforesaid for cash, but always so that the total amount or value of the deposit shall not be reduced. Upon the termination of the Lease and of any renewal thereof and the full performance by the Contractor of all his obligations under this Contract or any part thereof, the Board shall so certify, and upon such certificate the Comptroller shall pay and deliver to the Contractor the said deposit, or so much thereof as shall not have been reserved or used or applied for any of the purposes above mentioned.] The City shall also have a first lien upon the Equipment a:, City's lien further security for the faithful performance by the Contractor on Equip- t i 1- , , . ment. ot the covenants, conditions and agreements of this contract on its part to be fulfilled and performed. Such lien shall arise immedi- ately upon the acquisition by the Contractor of any part of the Equipment for use on or in connection with the Railroad or any part of it, or intended for such use, whether or not such equip- ment be set up or delivered upon or at the railway. The Con- tractor shall upon the provision of the Equipment and before such 13 Chapter I. General Assignment of sub-con- tractor's bonds. Remedies. On Con- tractor's de- fault in Construc- tion, or Equipment City may complete; provision shall be deemed complete, execute and deliver, or pro- cure to be executed and delivered, such instrument or instruments in form for record in form approved by the Board as may prop- erly or conveniently recite or prove such first lien of the City upon the Equipment and shall also submit to the Board reasonable proof of the title of the Equipment and the character and rank of such lien. Such further instruments and proof with respect to such lien shall from time to time be provided by the Contractor as may reasonably be desired or required by the Board. The Board may from time to time, by concurrent vote of six (6) members thereof, relieve from such lien any of the property to which the same may attach upon the provision of additional property equivalent in value and in the convenience and certainty "with which the lien thereon shall be enforceable to the property which it is proposed to release, and upon such terms as to the Board, by such concur- rent vote, shall seem just. The Contractor, upon receiving from any sub-contractor of any part of the work or for the supply of any material as herein pro- vided, any bond, surety, obligation or security of any kind given to the Contractor to secure the performance of such subcontract shall forthwith assign to the City in form to be approved by the Board, the beneficial interest of the Contractor in such bond, surety, obligation or security so given by such subcontractor, such beneficial interest to be held and applied by the Board for the City as additional security for the performance by the Contractor of the provisions of this contract relating to the construction and equipment of the Railroad. In case of default by the Contractor the City shall have the fol- lowing remedies : I. In case the Contractor shall fail to complete the Construc- tion or Equipment of the Railroad, or shall at any time fail to proceed with such t Construction or Equipment with reasonable diligence, or so that it shall not be reasonably probable that the same will be completed and equipped within the period herein pre- scribed therefor, then and in any such case the Board upon a notice to the Contractor of not less than ten days may (i) By resolution declare the Contractor to be in default; and the City by the Board in addition to every, or in substitution for any other, remedy which it may have by law or hereunder, may thereupon forthwith, so far as the City may now have or may Chapter I. General hereafter secure statutory power, procure by contract or other- wise, either for the Contractor, for his account and at his risk or otherwise as the Board shall determine, the completion of such Construction and Equipment, or, in any case where the Board shall deem it for the interest of the City, the performance of any part of such Construction or the provision of any part of such Equipment ; and the City may to the extent of the cost of such completion of the Construction and Equipment or of such per- formance or provision of any part thereof and interest on such cost, withhold and apply thereon any moneys otherwise due or to become due by the City to the Contractor, and the Contractor shall be liable to the City and shall, as the Board may from time to time require, forthwith pay to the City the excess, if any, of the cost to the City of the completion of such Construction and Equipment or of such performance or provision of any part there- of over the amount payable to the Contractor therefor under the terms of this contract, and also the amount, if any, "which shall be due to the City by reason of any delay in completion of the Con- struction and Equipment, or in such performance or provision of any part thereof. And such completion, performance or provision by the City shall not release or discharge the Contractor from lia- bility for Rental, or with . respect to the remainder of the Con- struction or Equipment, or any other liability hereunder. Or (2} By resolution declare this contract at an end except as to or ma k e the liability of the Contractor hereinafter in .this paragraph pro- new Con- vided, and may make a new contract for Construction and Equip- ment, upon advertisement of a new invitation to contractors, upon such terms as the Board may deem proper; the same to provide among other things that the new contractor shall allow for so much of Construction and Equipment as has been already com- pleted, a reasonable amount to be prescribed in such new con- tract or to be ascertained as in such new contract to be provided ; and in such case the Contractor shall pay the City all damage which the City shall sustain by reason of such failure, including the excess, if any, of the amount which the City shall pay the new contractor over the amount it would have had to pay the Con- tractor, party hereto, for the same work or materials, together with the amount, if any, which shall be due to the City by reason of the delay in completion of the Construction and Equipment, and without deduction therefrom because of any increase of rental which the City may secure from the new contractor. And 15 Chapter I. General or proceed upon bond for Con- struction; or may bring suit. On default in payment of rent or otherwise; City may take possession and as agent for the Contractor operate the Railroad; or make a sub-con- tract ; (5) The City may also proceed as to the Board shall seem proper upon the, Bond, or with respect to the deposits of cash or securities made as aforesaid, or with respect to the bonds, surety, obligations or securities given by sub-contractors and assigned as aforesaid, or with respect to the lien of the City upon the Equip- ment or with respect to any other security held by the City. And (4) The City may also bring any suit or proceeding for in- junction or to recover damages or to obtain any relief or for any purpose proper under this Contract. II. In case of default of the Contractor in paying the Rental herein provided or in case of the failure or neglect of the Con- tractor faithfully to observe, keep or fulfil any of the conditions, obligations and requirements of Chapter III. of this contract, the Lease, the City, by the Board, may : (i) After notice to the Contractor of at least ten (10) days, take possession of the Railroad and Equipment, and, as the agent of the Contractor, either (a) Maintain and operate the Railroad and use thereon the Equipment (\vithout commencing any proceeding for the enforce- ment of its lien thereon) for the full unexpired term of the Lease or such shorter period as the Board may determine ; or (6) Enter into a new contract with some other person, firm or corporation for the maintenance and operation of the Railroad and use of the Equipment for any period of time not exceeding the unexpired term of the Lease. In either of the above cases, the total income payable to or de- rived by the City from maintenance and operation of the Railroad and use of the Equipment after deducting all payments by the City for necessary expenses of operation, maintenance and use, in- cluding repairs and replacements of the Equipment, shall be deemed to be the net annual income. Out of such net annual income the City shall retain the annual rental payable under the Lease and pay over the balance, if such there be, to the Contractor. If, however, such net annual income shall in any year be less than the annual rental payable under the Lease, then and in every such case, the Contractor and its sureties on the Bond shall be and continue jointly and severally liable to the City, or the continuing deposit of cash or securities above provided shall, as against the Contractor, be held, for the amount of such deficiency until the end of the full term for which the Lease was originally made. Or 16 Chapter I. General (2) The City may upon reasonable notice to the Contractor, and after reasonable notice to the Contractor to make good the default, terminate this contract; and thereupon upon such terms as to the Board seem just and with such person or corporation as to the Board may seem proper, make another operating contract and lease of the Railroad for the residue of the term of the Con- tractor in default, including in such contract and lease a provision as to a transfer or lease to the new contractor of the lien and any other interest of the City on and in the Equipment, and in such case the Contractor shall be liable to the City for all damage by reason of such default. Or (3) The City may by the Board or otherwise, bring such suit or proceeding as it may deem proper, to enforce its lien upon the Equipment or upon any cash, securities, bonds or surety obliga- tions held as aforesaid, or for any other purpose. Or (4)1 The City may by the Board or otherwise, but without suit, enforce by sale or otherwise its lien upon any cash, securities, bonds or sureties or surety obligations held as aforesaid. Or (5) The City may also bring any suit or proceeding for in- junction or to recover damages or to obtain any relief or for any purpose proper under this contract. (6) The City may avail itself of any or all of the remedies hereinbefore provided, which are not inconsistent with one another or of any other remedy provided by law in the case of landlord and tenant. In case the City shall become entitled to enforce its lien against the Equipment, then, at the time of beginning any suit or pro- ceeding for the enforcement of such lien, whether by foreelosure or otherwise, or at any time thereafter, the City shall be entitled forthwith to enter into and take summary and complete possession of the Equipment, or any part thereof, it being the express inten- tion of the Contract that upon any default by the Contractor in construction, equipment or operation the City shall have the right forthwith to operate the Railroad so far as is then physically practicable (if at all), and to that end to have complete and im- mediate possession of all Equipment and of all other things neces- sary or convenient, or which may thereafter be necessary or con- venient, for the operation of the Railroad, which shall belong to the City or upon which the City shall have a lien as aforesaid. In case the City shall avail itself of the provisions aforesaid for or may ter- minate Con- tract; or may sue to enforce lien upon Equipment; or may sell securities; or may bring suit; or use rem- edies of landlord. Enforce- ment of lien on Equip- ment. C/uiptcr I. General City's assurances to Contract- or of right to Construct and Oper- ate. Routes and General Plan incor- porated in the Con- tract. Beauty of material as well as efficiency. Contractor to afford facilities to Board. taking possession of the Railroad, or for making any new or other contract with respect thereto, no allowance shall be made to the Contractor by reason of any increase of rental which the City shall reserve above the Rental as specified in the Lease. The City hereby stipulates and covenants to and with the Con- tractor that the City will secure and assure to the Contractor so long as the Contractor shall perform the stipulations of this con- tract, the right to construct and to operate the Railroad as pre- scribed in this contract free of all right, claim or other interfer- ence, whether by injunction, suit for damages or otherwise, on the part of any owner, abutting owner, or other person ; but not in- cluding any interference, legal or otherwise, by patentees or per- sons claiming to be patentees of tools, methods or appliances, Pro- vided, however, that the Contractor shall enforce its rights against the City under this provision solely by claim for money, and shall have no right to set up any failure or default on the part pf the City to perform or satisfy this stipulation or covenant in defense, or by way of exculpation or any excuse whatsoever (otherwise than as a claim or counter-claim for money) of the Contractor for any default or failure of any character whatsoever on its part, ex- cept that nothing herein contained shall be construed to require the Contractor to do any act in violation of a valid injunction is- sued by a Court of competent jurisdiction forbidding such act. The routes and general plan for the Railroad adopted by the Board by its resolution of 24th January, 1901, and heretofore ap- proved by the authorities of the City and by the Appellate Division of the Supreme Court in the First and Second Judicial Depart- ments, shall be deemed to be incorporated into this contract as a partial description of the Railroad and Equipment. For conve- nience a copy thereof is hereto appended, entitled Routes and General Plan. The railway and its equipment as contemplated by the contract constitute a great public work. All parts of the structure where exposed to public sight shall, therefore, be designed, constructed and maintained with a view to the beauty of their appearance, as well as to their efficiency. If under any provision of this Contract the Board or the City shall be entitled by reason of any failure of the Contractor to do or have done any work upon or in relation to the Railroad or Equipment, then the Contractor shall afford to the Board or the 18 Chapter I. General City all facilities for doing such work, and the representatives of the Board or the City shall be at liberty at any time for such pur- pose to enter upon any part of the premises. No correction or change in this contract shall be made except by written instrument duly authorized by the Board, and consented to by the Contractor and, if a bond shall have been given as aforesaid and be then in force, then also consented to by the sureties upon such bond ; but this provision shall not limit or af- fect the right to prescribe variations of detail whether of con- struction or location of route as in this Contract elsewhere pro- vided. No claim shall be made by the Contractor against any mem- ber of the Board personally by reason of this contract or of any of its articles or provisions. The Contractor shall be exempt from taxation under the laws of the State of New York in respect to its interest in the Railroad under the contract and in respect to the rolling stock and all other Equipment of the Railroad in the manner and to the extent now provided in the Rapid Transit Statute; but no Equipment of the Contractor not provided under this Contract with the approval of the Board shall be. so exempt. This contract shall not be assigned without the written consent of the Board concurred in by six members thereof. In case the Board shall cease to exist the legislature may pro- vide what public officer or officers shall exercise the powers and duties of the Board under and by virtue of this contract; and in default of such provision, such powers and duties shall be deemed to be vested in the mayor of the City. In case any officer or of- ficers other than the Board shall hereafter have the powers of the Board or any of them, then the provisions of this contract shall be applicable to such officer or officers to the extent to which the powers of the Board shall appertain to such officer or officers, and any official act or determination of such officer or officers or of this Board shall be sufficient hereunder, anything herein to the con- trary notwithstanding, if the same be done or had by lawful vote or resolution or in such manner as the legislature may from time to time prescribe. The Contractor agrees that he will comply with the provisions of Chapter 415 of the Laws of 1897 as amended, known as the ''Labor Law," so far as they are constitutional and applicable to Changes in the Con- tract. Members of Board not liable. Contractor not taxable on interest hereunder or on Equipment. Contract when as- signable. Provisions in case Board cease. Labor Law. All neces- sary legal provisions deemed in- serted here- in. Provision in case of unlawful provision. Marginal note's, etc. Chapter I. General this contract. The Contractor further agrees that no laborer, workman or mechanic in the employ of the contractor, sub-con- tractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be 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 that the wages to be paid for a legal day's work (as hereinbefore defined) to all classes of laborers, work- men or mechanics, who are engaged upon the subject of this contract and perform work within the limits of the City, shall not be less than the prevailing rate for a day's work in the same trade or occupation in that borough within the City where such work is performed or done. It is the intent and understanding of the parties to this agree- ment that each and every provision of law required to be inserted in this contract should be and is inserted herein. Furthermore, it is hereby stipulated that every such provision is to be deemed to be inserted herein ; and if, through mistake or otherwise, any such provision is not inserted in correct form, then the contract shall forthwith, upon the application of either party, be amended by such insertion so as to strictly comply with the law, and with- out prejudice to the rights of either party hereunder. If this contract contain any unlawful provision not an essential part of the general structure of the contract 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 struck from the Con- tract without affecting the binding force of the Contract as it shall remain after omitting such provision. Titles, headings and marginal notes are hereon printed merely for convenience and shall not be deemed to be any part of this contract for any purpose whatever. 20 CHAPTER II. AGREEMENT FOR CONSTRUCTION. The Contractor will at its own cost and expense, and in strict conformity with the specifications hereinafter contained and called the Specifications, and also in strict conformity with the plans which are made a part hereof and with all the provisions of this contract, whether included in the Specifications or not, furnish all the materials and labor necessary and proper for the purpose, and, in a good, substantial and workmanlike manner, construct and provide the Railroad, including therein the stations, side-tracks, switches, cross-covers, terminal yards and all other appurtenances complete and ready for Operation, and also all necessary sewers along or off the route of the Railroad, all necessary readjustment of the mains, pipes, tubes, conduits, subways or other sub-surface structures, or their reconstruction or restoration so as to be in as good condition as before work under this Contract, and also the support and care, including under-pinning wherever necessary, of all buildings of whatsoever nature, monuments, elevated and surface railways affected by or interfered with during the con- struction of the Railroad, and also the reconstruction of street pavements and surfaces adjacent to the route of the Railroad and which may be directly or indirectly disturbed by the Contractor in the progress of the work of construction, so that such street pavements and surfaces shall be in as useful and good a condition as existed before the construction shall have been begun, and will also do all the work and supply all the materials necessary to construct and equip the Railroad in complete working order fully and finally ready for actual operation in the carriage of passengers and otherwise as hereinafter specified. Such construction of sewers, readjustment of mains, pipes, tubes, conduits, subways or other sub-surface structures, and such support, care and under- pinning of buildings, monuments and railways are and are to be deemed to be essential parts of the Construction of the Railroad. The Contractor shall at his own expense provide a complete Equipment of the Railroad according to the definition of Equip- ment aforesaid and according to the Specifications. The City shall pay, and the Contractor shall receive for the Construction of the Railroad the sum of Two million dollars Work to be done. Equipment. 21 Chapter II. Agreement for Construction Right of Board to amplify plans, to re- quire extra work, etc. No accept- ance to ob- viate the necessity for sound work, etc. Inspection. ($2, 000,000), Provided, however that such payments shall be subject to modification and the conditions herein prescribed. The City shall also pay and the Contractor shall also receive for the Construction of the Railroad the sum of One million dollars ($1,000,000) for terminals and for other real estate required for the construction of the Railroad, subject to modification as herein provided. The said sums so to be paid do not include the cost of Equipment, but do include a consideration satisfactory to the Contractor for its obligation to provide the Equipment which, when provided, shall be the property of the Contractor, subject to the first lien of the City, as provided in Chapter I. of this contract. The Board shall have the right, during the progress of the work, to amplify the plans, to add explanatory specifications and to furnish additional specifications and drawings within the limits of the general purview of the work. The Board shall also have the right for any part of the Railroad to require additional work to be done or additional materials to be furnished, or both, within the general purview of a rapid transit railroad as described in the Copy of the Routes and General Plan hereto appended, or, within such general purview, to require work or materials herein specified or provided for to be omitted. If such additional work or materials shall be required, then the reasonable value thereof shall be additionally paid to the Contractor. If work or materials herein specified or provided for shall be required to be omitted, then a reasonable deduction shall be made in the manner herein- after provided from the amount to be paid to the Contractor for Construction, provided, however, that the amount of work and materials called for by this contract shall not be diminished with- out the consent of. the Contractor so as substantially to alter the general character or extent of the work as proposed. No acceptance of any part of the work or materials in construc- tion or equipment shall relieve the Contractor of its obligation to furnish sound material and perform sound work, whether with respect to such part or to any other part of the work or materials in Construction or Equipment. The Board contemplates, and the Contractor hereby approves, the most thorough and minute inspection by the Board, its En- gineer and their representatives and subordinates, of all work and materials and of the manufacture or preparation of such materials 22 Chapter II. Agreement for Construction from the beginning of Construction to the final completion of Construction and Equipment. It is the intention of the Board that its Engineer shall draw the attention of the Contractor to all errors or variations from the requirements of this contract or other defects in workmanship or materials. But it is expressly agreed that no omission on the part of the Board or its Engineer or any officer, member or subordinate of the Board to point out such errors, variations or defects shall give the Contractor any right or claim against the City or in any way relieve the Con- tractor from its obligation to fully construct and equip the Rail- road according to the terms of this contract. The work is to be done and the materials are to be furnished W rk to be sul ?- , , . ,, ,. , i r ^i T- 0-1 /- J ect to approval of subject to the direction and approval of the Engineer. The Con- Engineer. tractor shall promptly obey and follow every direction within the general purview of the work as prescribed in the Routes and General Plan which shall be given by the Engineer, including any direction which he shall give by way of withdrawal, modification or reversal of any previous direction given by him. If any addi- tional specification be prescribed or additional drawing be required to be followed, or additional detail required, or if any question shall arise as to the quality, character or amount of materials or work, or as to the obligation of the Contractor to do any par- ticular work or furnish any particular materials, or as to the value of any additional work or materials required by the Board or as to the deduction to be made from the contract price for the construction by reason of any materials or work directed by the Board to be omitted, or if any other dispute, question or doubt as to what is the obligation of the Contractor shall arise prior to the time of the complete Construction and Equipment of the Railroad and the declaration thereof by the Board, the determina- tion of the Engineer shall, within the general purview of the work as prescribed in the Routes and General Plan, be binding upon the Contractor and the City, so far that the Contractor shall, as the case may be, proceed or refrain from proceeding, and without any delay obey the requirement of the Engineer. But a determination of the Engineer shall not be finally con- Engineer's elusive upon either the Contractor or the City as to the reasonable determina- value of any work or materials additionally required as aforesaid subject to or omitted as aforesaid, or as to the question whether the Con- review, tractor is entitled to additional" payment for anything additionally 23 Chapter If.-. Agreement for Construction Mode of re- view. Arbitration. required by the Engineer, whether upon additional specifications or drawings or in the way of additional details as aforesaid, or otherwise as herein provided, or as to the question whether the City is entitled to a deduction from the amount payable to the Contractor according to the terms hereof. In every such case the Engineer shall make his determination in writing and in dupli- cate, one duplicate to be filed with the Board and the other dupli- cate to be delivered to the Contractor. Such determination as to work done or materials supplied shall be binding and conclusive upon the City unless the Board shall appeal within ten (10) days after such determination shall be filed with it and notice of such filing shall be given to its president, and shall be binding upon the Contractor unless the Contractor shall appeal within ten (10) days after the same shall be delivered to him. The appeal shall be taken by a written notice addressed, if the Board be the ap- pellant, to the Contractor, or if the Contractor be the appellant, then in duplicate, one to the president of the Board and one to its secretary. The notice of appeal shall state the determination ap- pealed from, the grounds of appeal, the precise award or redress desired, and shall include the appointment of an arbitrator on the part of the appellant, with a written undertaking on the part of the arbitrator to act. Within ten (10) days after the receipt of a notice of appeal the party receiving the same shall name an arbitrator, and give written notice of such nomination to the party appealing, the notice to be accompanied by a written acceptance by the arbitrator of the appointment. If the party against whom the appeal is taken shall not so nominate an arbitrator, who shall so accept, and give such written notice thereof with such written acceptance of such arbitrator, then the arbitrator named by the party appealing shall be the sole arbitrator. Either party may, by a general notice to the other, appoint a standing arbitrator for such party. In case of such standing appointment such arbitrator shall be deemed to be appointed upon each appeal, without speci- fication of his appointment upon the appeal. Any vacancy in any office of arbitrator shall be filled by the party which shall have appointed the last incumbent thereof, within five (5) days after notice of the vacancy during which five (5) days the running of other periods of time prescribed for or in course of the arbi- tration shall be suspended. If not so filled, or if notice of the appointments be not given within such five (5) days, the remain- ing arbitrator shall be the only arbitrator. Within five (5) days Chapter II. Agreement for Construction after the appointment of its arbitrator by the party against whom the appeal is taken, or, if there be a standing arbitrator for such party, then after ten (10) days, but within fifteen (15) days after notice of the appeal is given, the arbitrators, or if the party against whom the appeal is taken shall be in default in appointing an arbitrator, then within five (5) days after such default the arbitrator named by the party appealing, shall proceed sum- marily, and upon two (2) days' notice to both parties, to hear such evidence or statements, oral or written, as may be produced. Such hearing shall be finished within five (5) days after such hearing shall begin; and within three (3) days after finishing such hearing, the determination of such arbitrators or arbitrator shall be made. But if within such three (3) days the arbitrators (in the case of two arbitrators) shall fail to agree upon and make an award, then they shall forthwith so certify to the Board and the Contractor, and the controversy shall, with the concurrence of one of the arbitrators, be determined by an umpire to be nomi- nated by the Executive Committee for the time being (or the committee thereto corresponding) of the Chamber of 'Commerce of the State of New York, or if within three (3) days after being notified by either of the parties hereto of such failure the said Committee shall not make a nomination, then by an umpire to be named by the Executive Committee for the time being (or the committee thereto corresponding) of the Association of the Bar of the City of New York. The umpire shall hear the parties, their counsel, the statements of the arbitrators and the statements and evidence received by them, or such of them and so much thereof as may appear or be submitted to the umpire upon two (2) days' notice to the parties. Such notice shall be given within three (3) days after the nomination of the umpire. The hearing by the umpire shall be concluded within three (3) days. His award shall be made within three (3) days after the hearing before him is concluded, and shall be effectual if concurred in within such three (3) days by one of the arbitrators. Every determination by the arbitrators or arbitrator and umpire shall be in writing in dupli- cate, one to be delivered to the secretary of the Board and the other to the Contractor. The Executive (or other corresponding) Committee of the said Chamber of Commerce and the Executive (or other corresponding) Committee of the said Association of the Bar may, upon the joint request of both parties, from time to time nominate a standing umpire, or a standing board of three 2 S Chapter II. Agreement for Construction Vouchers for extra work. When City entitled to abatement of price. In case arbitration cannot validly be had. experts, to act as such umpire. Such standing umpire or stand- ing board of experts shall, upon every arbitration where an um- pire is required, be such umpire, and a decision or determination by a majority of such board of experts shall be the decision of such board. The days for notices and other proceedings shall be exclusive of Saturdays, Sundays and holidays. All fees and ex- penses of arbitrators and umpires shall be borne and paid equally by the City and the Contractor, by both of whom every such arbi- trator and umpire shall be deemed to be employed. Every such arbitrator and umpire shall, before proceeding to hear the testi- mony or to consider the matter, be sworn as nearly as may be in the same manner as referees in actions at law are required to be sworn. Every such arbitrator and umpire shall be a disinter- ested person. The Contractor shall become entitled to additional payment, for additional work or by reason of additional specifications, drawings, details or other requirements only upon the production of the certificate and determination of the Engineer if unappealed from, or, if so appealed from, then only upon and according to the final award of arbitrators, or arbitrator and umpire as afore- said, it being expressly agreed that the City shall make no addi- tional payment to the Contractor except upon vouchers which in- clude such certificate and determination unappealed from, or if appealed from, then such certificate and determination with such final award as a condition precedent to payment and that no pay- ment shall be made in any such case inconsistently with such final award. Nor shall the City be entitled to claim any abatement from the contract price by reason of diminution in the amount of work required, delay in completion or otherwise except upon the cer- tificate or determination of the Engineer unappealed from by the Contractor as aforesaid, or, if so appealed from, then upon the certificate and award of the arbitrators or arbitrator and umpire as aforesaid. Provided, however, and it is expressly agreed, that, if in any case, or for any reason, the arbitration cannot validly be had as aforesaid, then the City or the Contractor, after having appealed from such determination and being in no way responsible for failure of the arbitration, may prosecute such appeal or review such determination in or by any proper suit or proceeding. 26 Chapter II. Agreement for Construction The Contractor shall begin actual work upon the Railroad Commencement ... . ,, , , A. it. , r ,1 T-U and completion within sixty (60) days after the execution of this contract. I he O f wor k entire Railroad shall be completely constructed and equipped ready for immediate, full and continuous operation within three (3) years from the date of the delivery of this contract, Provided that such period shall be extended to four (4) years, if, in the opinion of the Board, the Contractor shall not be able, with rea- sonable diligence, to earlier complete its work. The construction of the portions of the Railroad not under the East River shall be completed within two and one-half (2^2) years from the date of delivery hereof. In the event of delay in such complete Con- struction and Equipment beyond the period so prescribed, or in completion of such portion of the Railroad not under the East River, and in case any such delay shall not be excusable, as herein Prjce to be reduced for provided, the price to be paid the Contractor shall be reduced as delay. follows : From the several amounts which shall become payable to the Contractor after the expiration of any such period for work completed or materials furnished thereafter, there shall be deducted and retained by the City as liquidated damages for such delay one per cent, thereof for each and every month after the expiration of the said period until such amounts are severally certified to be due and payable. But in case the Contractor shall be delayed by injunction or by strike or by any interference of public authority, and in case the Contractor cannot, notwith- standing such injunction, strike or interference, with reasonable diligence make up for the delay so occasioned by speedier work when the Contractor shall not be so interfered with, then the said date for completion shall be extended to a date later than the expiration of the said period by the amount of time of such delay, Provided, however, that no period of such delay shall be deemed to begin until written notice thereof shall be given by the Con- tractor to the Board. No injunction, strike or interference of public authority shall Board may inter- be ground for such extension except if and from the time when ^* 86 f the Contractor shall give the Board notice thereof with copies of all papers served thereon upon the Contractor or his representa- tives. The Board 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 dis- solve the same or otherwise, as the Board or City may deem proper. If necessary the counsel or attorneys of the Board or 27 Chapter II. Agreement for Construction Sites for terminals. Cost of terminals and real estate for stations, etc. City shall be authorized, for that purpose, to appear as counsel or attorneys for the Contractor. The Contractor shall procure to be delivered to the Board forthwith upon its receipt by the Con- tractor, its attorney or representative, a copy of every paper served by the Contractor or its attorney or representative in any such suit or proceeding. In the event that the Construction and Equipment shall be completed as aforesaid ready for immediate, full and continuous operation within three (3) years from the date of the delivery of this contract, then the price to be paid the Contractor shall be increased at the rate of one (i) per cent, upon the total amount thereof for every month to elapse between the date of such com- pletion and the expiration of such period of three years. The site or sites of the terminals shall be proposed by the Con- tractor, but the same shall be subject to the approval of the Board. The City shall itself purchase the real estate for the terminals, by condemnation or otherwise ; but the -amount which shall be paid by the City for real estate for terminals shall (ex- cept as hereinafter provided) be deemed to be payment to the Contractor on account of Construction, and as such chargeable against any amount which shall otherwise become due the Con- tractor for construction. The amount included as aforesaid in the price for Construction hereunder for terminals including real estate therefor and other real estate is the estimated sum of One million dollars ($1,000,000), which includes the allowance for cost of the real estate for terminals and of their complete con- struction ready for operation, but does not include the cost of any equipment thereof. The Contractor shall receive the exact cost to the Contractor of the complete construction of the terminals, to- gether with a profit of ten (10) per cent, on such cost of con- struction (but not on the cost of the real estate acquired therefor) for its services in connection therewith, but subject to the limita- tions hereinafter prescribed. The real estate for which allowance is so made shall include lands, if any, acquired for terminals, stations, rights of way, if any, acquired through property not belonging to the City, and any other real estate necessary for the Railroad not forming part of the Equipment. The City shall itself acquire (by condemnation or otherwise) all such real estate; and every amount paid therefor by the City shall, except as hereinafter provided, be deemed to be 28 Chapter II. Agreement for Construction a payment to the Contractor on Construction. The total amount to be paid or allowed to the Contractor for such cost of construc- tion of terminals, including the additional allowance of ten (10) per cent, (as explained above) together with the sum to be paid by the City for real estate for terminals, stations, rights of way and otherwise as aforesaid and to be deemed as aforesaid pay- ments to the Contractor on Construction, shall in no case exceed One million five hundred thousand dollars ($1,500,000). The variation of the sum of the cost of the terminals (including real estate, construction and profit aforesaid) and of the actual payments by the City as aforesaid for real estate other than ter- minals from the sum of One million dollars ($1,000,000), shall, within the said maximum limit of One million five hundred thou- sand dollars ($1,500,000) be added to or deducted from, as the case may be, the total contract price for construction payable to the Contractor. Any excess of the cost of the terminals and of such other real estate above One million five hundred thousand collars ($1,500,000) shall be borne and paid by the Contractor; and any excess above such amount which the City shall itself have paid, shall be forthwith returned by the Contractor to the City or may be deducted by the City from any money otherwise due the Contractof. \ If and after the Contractor shall give to the Board notice of City to diligently at least three (3) months that the real estate is required, specify- reaUs^ate 0683 ^ 7 ing the parcels, the City shall conduct with diligence proceedings to acquire the real estate needed for terminals and other railroad purposes or (if requested by the Contractor) which the Contractor shall need for Equipment. Any damage sustained by the Con- tractor by reason of delay in its possession of such real estate be- yond a period of six months after the giving of such notice shall be paid by the City to the Contractor. The amount thereof shall be certified by the Engineer as aforesaid but subject to appeal by the City or Contractor within twenty days after notice of such certificate to the Board or the Contractor as the case may be and to determination by arbitration in manner aforesaid. The City shall pav the Contractor for the work as the same Pa y men ts, how to be made. progresses upon vouchers certified by the Board. Written requi- sitions bv the Contractor for such payments shall be delivered to the Board at intervals of not less than one ( i ) month. Each requisition by the Contractor shall be accompanied by a certificate Chapter II. Agreement for Construction Provision of Equipment. Evidence that labor and materi- als have been paid for. of the Engineer to the effect that work has been done and ma- terials have been delivered in accordance with the terms of the Contract at or upon the Railroad prior to the time of such requisi- tion of a value stated in such certificate. Such value shall be ascertained relatively to the contract value of the entire work. The Board shall thereupon forthwith prepare and certify a voucher in due form for payment by the City for the work so done and materials so furnished. The Board shall not be bound by the certificate of the Engineer, but may in every case fix the amount due at such sum as the Board shall itself determine to be the proper actual relative value of such work and materials. The amount so certified by the Board shall be forthwith paid by the City to the Contractor without any deduction except as herein otherwise provided. In case such Contractor shall be dissatisfied with the determination of the Board as to value as aforesaid, the Contractor may, within twenty (20) days after notice of such de- termination, appeal therefrom in the manner hereinbefore provided for appeals from determination of the Engineer as to additional work, and the receipt by the Contractor of the amount certified by the Board shall not be deemed the waiver of his right to appeal. And, if the payment upon such appeal shall be determined to be too small, then upon such determination the City shall forthwith upon a voucher certified by the Board pay to the Contractor the additional amount awarded upon such appeal. At a date not later than the time when two-thirds (2/3) in value of the work which the Contractor shall be bound to do, not including Equipment, shall have been finished and certified by the Engineer (but subject to appeal as aforesaid), the Contractor shall begin, and shall thereafter diligently proceed with, the pro- vision of the Equipment of the Railroad, and such provision shall proceed at such rate as that the Equipment shall be completely ready for use three (3) months in advance of the complete Con- struction of the Railroad. The Contractor shall furnish the Board with satisfactory evi- dence that all persons who shall have done work or furnished ma- terials in the Construction, and who shall have given written no- tice to such Board before, or within ten (10) days after, the final completion and acceptance of the whole work required under this contract, that any balance for such work or materials is due and unpaid, have been fully paid and satisfactorily secured ; and in case Chapter II. Agreement for Construction such evidence is not furnished as aforesaid such amount as may be necessary to meet the claims of the persons aforesaid may be retained from the money due to the Contractor under this agree- ment until the liabilities aforesaid shall be fully discharged or such notice or notices withdrawn. If at the time of any such requisition any lien shall have been Liens for work filed against the Contractor on the Railroad or any part thereof c against the amount payable to the Contractor under the provisions of this contract by any person or corporation entitled to file the same for work, labor, or services done or performed, or for ma- terials furnished to the Contractor in or about the Construction, an amount reasonably sufficient to pay and discharge such lien and to pay the costs of foreclosure thereof shall be retained by the Comp- troller from the amount which would be otherwise payable to the Contractor on such requisition, until the said lieri shall be dis- charged or secured as provided by law. If such lien shall be fore- closed according to law then the Comptroller may pay the said amount found due upon such lien by the judgment in the fore- closure action to the person entitled thereto, and -such payment shall be deemed a payment hereunder to the Contractor. If the sum so retained shall not be sufficient to discharge the lien so fore- closed, the deficiency shall be retained by the Comptroller out of the next moneys coming due to the Contractor. The Contractor shall fully meet and duly pay the amount of any loss or damage caused or done to the City or that the City may suffer from any injury to any person or the property of any person through the negligence, fault or default in the course of Construction of the Contractor or of any sub-contractor employed by him or with his assent. In case any claim shall be made by any person or corporation against the Contractor or the City for loss or damage to person or property caused by, or arising from, or alleged to have been caused by, or to have arisen from, any negligence, fault or default of the Contractor the amount of such claim or so much thereof as the Board shall deem reasonable, shall, upon the requirement and in the discretion of the Board, be retained by the Comptroller out of any moneys thereafter growing due to the Contractor hereunder (in addition to the other sums hereinbefore authorized to be so re- tained), 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 fully established by a judgment of a 31 Chapter II. Agreement for Construction Specifications and drawings subject to requirement of railroad of highest grade. Where text of Contract doubtful, best materials and workmanship required. court of competent jurisdiction, or shall have been admitted by the Contractor to be valid as against itself, the said claim or claims shall be paid from the amount so retained and the balance, if any, paid to the Contractor. The specifications and contract-drawings hereinafter mentioned and the other and additional provisions of this contract, are in- tended by the Board to be full and comprehensive, and to show all the work required to be done. But in a work of this magnitude it is impossible either to show in advance all details, or to precisely forecast all exigencies. The specifications and contract-drawings are to be taken, therefore, as indicating the amount of work, its nature and method of construction so far as the same are now dis- tinctly apprehended. But the Contractor understands, and it is expressly agreed, that there is included within its obligation the complete Construction and Equipment of the Railroad as herein contemplated. The Railroad is to be constructed for actual use and operation as an intra-urban railroad of the highest class, adapted to the necessities of the people of The City of New York. It is to be used and operated as provided in Chapter III., the Lease. The Contractor shall construct, complete and fully equip the Railroad in the best manner, according to the best rules and usages of railway- construction, so that the Railroad shall be thor- oughly fitted for safe, continuous, immediate and full operation in the manner and subject to the requirements of Chapter III., the Lease. If, in the specifications or contract-drawings or in the pro- visions of this contract, any detail or other matter or thing requi- site for such operation in such manner and subject to such require- ments be not mentioned, nevertheless the same is deemed to be in- cluded, and the Contractor hereby undertakes to do the same as part of its work hereunder. And it is expressly agreed that the price to be paid the Contractor as herein prescribed includes full compensation for every such detail, matter and thing. In the event of any doubt as to the meaning of any portion or portions of the specifications or contract-drawings, or of the text of the contract, the same shall be interpreted as calling for the best construction, both as to materials and workmanship, capable of being supplied or applied under the then existing local conditions. This provision, by way of illustration (but of illustration only), implies the requirement that the interior surface of every part of the tunnel containing the railway shall be entirely free from per- colation of ground or other water from without ; the requirement Chapter II. Agreement for Construction throughout of a structure whose component parts shall be of as permanent and durable a character as practicable ; the requirement that the steel and such other parts of the structure as are liable to rust and decay shall be fully protected from such action; the re- quirement that the track and roadbed shall be such that trains such as are described in Chapter III., the Lease, can be run thereon with safety and comfort at the highest practically attainable speeds; and the requirement that there shall be adequate stations. All the clauses of the specifications, and all the parts of the contract-draw- ings, are, therefore, to be understood, construed and interpreted as intending to produce the results hereinbefore stated. The plans referred to in the specifications hereinafter contained Plans and , . Contract are twenty-six (26) in number, bear date June I2th, 1902, are each drawings. countersigned by the Engineer, are stamped with the seal of the Board and bear the general title, Original Contract No. 2, Contract Drawing No. The sheets are as follows : Xos. 2 A i to 2 A 7 inclusive ; Nos. 2 B i to 2 B 1 1 inclusive ; Nos. 2 C i to 2 C 8 inclusive. The sections and dimensions of all parts shown on the contract- drawings are typical sections and dimensions applicable to the greater part of the work, and where no extraordinary conditions exist. Where such conditions do exist, or where unforeseen con- tingencies arise, such as the encountering of quicksand or other bad material, or when provision must be made for the support of elevated railroad columns, or when there are buildings, monu- ments or other structures whose foundations are of such a charac- ter as to bring an undue thrust upon the tunnel, or other similar circumstances exist, then and in every such case the Board may issue such special plans, duly countersigned by the Engineer, and accompanied by specifications explanatory thereof, or describing the method of construction, changing the sections or the dimen- sions of the parts or 'the materials of the structure ; and such spe- cial plans and specifications when so issued shall be binding on the Contractor. In addition to the contract-drawings already mentioned, the Supplementary Board has had prepared a set of maps and plans, bearing the same seal, general title and date as the contract-drawings, but desig- nated as Supplementary Drawings which are signed by the Engineer and marked Nos. 2 D i to 2 D 25 inclusive. These sup- plementary drawings exhibit certain information which the Board has received from its Engineer of the nature of the soil underly- 33 Chapter II. Agreement for Construction Board may dis- approve sub-con- tractors. Contractor ap- proves plans as involving no damage. ing portions of the route, the nature and position of elevated and surface railways, water mains, gas and other pipes, sewers, electric subways, manholes, hydrants, catch basins, and other surface and sub-surface structures. The supplementary drawings have been exhibited to the Contractor without any guaranty on the part of the Board as to their completeness or correctness ; and the Con- tractor may, at its option and at the expense of the Board, have copies thereof for such aid, if any, as the Contractor may derive from them. If, upon opening the streets, tunneling or otherwise, difficulties of any nature be encountered which are not indicated or suggested by the supplementary drawings, or if additional surface or sub-surface structures or obstructions be discovered or found of different size or in different positions or of different nature from those shown on the supplementary drawings, or if in any way such supplementary drawings be found erroneous, the Con- tractor shall have no claim whatever for any such failure, discrep- ancy, or error, but is to take every necessary or proper precaution to overcome the unforeseen difficulty, and is to take care of, pro- tect, remove, adjust or readjust, as the case may be, the additional or different surface or sub-surface structures according to the di- rection of the Engineer. The Contractor shall, before making any sub-contract of its work, in writing state to the Board the name of such sub-con- tractor, 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 information as the Board may require to enable it to know whether such sub- contractor is able competently to do the work or provide the ma- terials. The Board shall have the right upon reasonable grounds to require the Contractor not to award any sub-contract to a per- son disapproved by the Board. The Contractor admits and covenants to and with the City that the plans and specifications and other provisions of this contract for construction, if the work be done without fault or negligence on the part of the Contractor, do not involve any danger to the foundations, walls or other parts of adjacent buildings or struc- tures or to navigation of the East River ; and the Contractor shall at its 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 buildings or structures or to navigation. The Contractor shall during the performance of the work safely 34 Chapter II. Agreement for Construction maintain the traffic on all streets, avenues, highways, parks, waters Traffic to be or other public places in connection with the work, and take all necessary precautions to place proper guards for the prevention of accidents, and put up and keep at night suitable and sufficient lights and indemnify and save harmless the City against and from indemnification all damages or costs to which it may be put by reason of injury for accidents. to the person or property of another or others, resulting from negligence or carelessness in the performance of the work or from guarding the same, or from any improper materials used in its construction, or by or on account of any act or omission of the Contractor or the agents thereof. The Contractor shall be responsible for all damage which may Contractor's lia- be done to adjacent property or buildings or structures thereon or blllt y fo . r damage , . to abutting to navigation or to any other property or right by the method in property. which the Construction hereunder shall be done, but not including any such damage which shall necessarily arise from proper con- struction pursuant to this contract, or the reasonable use, occupa- tion or obstruction of the streets or other places thereby, except and provided, however that the Contractor shall and hereby does assume responsibility, as hereinbefore provided, for all damage done in the course of construction to the foundations, walls or other parts of adjacent buildings or structures or to navigation. The Contractor shall obey any order of the Engineer to support or secure adjacent property or any surface or structure thereon ; but the Contractor shall not be relieved of responsibility by any failure or omission of the Engineer to give any such order or notice of any danger. The Contractor shall at all times give to the Board and its mem- i nspect ion bers, to the Engineer and the assistants and superintendents under the Engineer, and any person designated by the Board or its presi- dent, all facilities, whether necessary or convenient, for inspecting the materials to be furnished and the work to be done under this contract. The members of the Board, the Engineer and any superintendent, assistant or other person bearing his authorization or the authorization of the Board or its president, shall be admit- ted at any time summarily and without delay to any part of the work or to inspection of materials at any place or stage of their manufacture, preparation, shipment or delivery. . Any engineer substituted by the Board in place of the Chief Substitute Engineer during his absence, illness or inability or when the Board ? r shall so determine, shall, during his official connection, have all 35 Chapter II. Agreement for Construction Contractor bound to complete in best manner. Best materials, machinery, tools, etc., to be used. Construction in- cludes sewer and other incidentals. the power and authority of the Chief Engineer, and in all respects be recognized as such Chief Engineer. The Contractor shall complete the entire work in accordance with the specifications and contract-drawings and according to the other provisions of this contract and within the times specified in this contract in the most workman-like manner and with the high- est regard to the safety of life and property and according to the lines, levels and directions given by the Engineer, for the price herein agreed upon, except that for extra work, if any, ordered by the Board there shall be additional payment as hereinbefore pro- vided, and except that for part or parts of the work, if any, omit- ted, there shall be deduction from the contract price as hereinbe- fore provided. The Contractor is to furnish of the best description all materials, machinery, implements, tools and labor necessary to construct and put in complete working order all work covered by the specifica- tions, contract-drawings and other provisions of this contract in- cluding all additional specifications, drawings and details issued or required as herein provided. In order to construct the Railroad it will be necessary to take up and relay the pavement or other surface material, to protect and support during construction all buildings and other structures including their foundations and all elevated and surface railways, water mains, gas pipes, electric subways, pneumatic tubes, steam pipes and other sub-surface structures, together with their neces- sary connections, as the same may be met with along the route ; to build sewers both along the route and other streets ; to make or remake the necessary manholes, catch basins and other sewer connections therewith ; to move, alter, readjust or rebuild water- mains, gas pipes, electric subways, pneumatic tubes, steam pipes and other subsurface structures, together with their necessary con- nections ; and to do all such additional and incidental work as may be necessary for the completion of the Railroad and the final restoration of the street or other surface adjacent to the route of the railroad and which may have been directly or indirectly dis- turbed by the Contractor in the progress of the work of construc- tion to as useful and good a condition as existed before construc- tion shall have been begun. All such work of every description is part of the work of Construction of the Railroad included within this contract. The following are specifications of the work, but it is expressly Chapter II. Agreement for Construction understood that such specifications do not include all requirements. Specifications not but are requirements in addition to those heretofore or elsewhere excl1 given or provided in this contract. The specifications and other provisions of this contract, and the contract drawings, are intended to be explanatory of each other. Should, however, any discrep- ancy appear or any misunderstanding arise as to the import of anything contained in either, the explanation of the Engineer shall be final and conclusive, except that, upon any claim by the Con-- tractor that it has been called upon to do work or furnish materi- als in excess in quantity or value of those called for by the terms of this contract, it shall be entitled to appeal and to a determination by arbitrators or by an arbitrator and umpire, as hereinbefore pro- vided, and to a correction by way of money allowance to it of any error of the Engineer. Chapter II. Specifications. SPECIFICATIONS. These specifications are grouped in subdivisions as follows : (39) i. General Description of the Work. (41) 2. Manner 'of Prosecution. (42) 3. Excavation. (45) 4. Backfilling. (46) 5. Piling and Timbering. (47) 6. Tunnelling. (48) 7. Cement (50) 8. Mortar. (50) 9. Concrete. (52) 10. Brick Masonry. (54) ii. Stone Masonry. (55) 12. Waterproofing. (58) 13. Drains and Pumps. (59) 14. Steel and Iron. (64) 15. Painting. (65) 1 6. Track. '(70) 17. Ducts. (72) 18. Sewers. (86) 19. Water Mains. (90) 20. Paving. (91) 21. Maintenance of Street Railway Tracks, Mains and other Surface or Subsurface Structures. (92) 22. Stations. (95) 23. Terminals. (96) 24. Equipment. (97) 2 5- General Clauses. Chap. II. Specifications: General Description i. GENERAL DESCRIPTION. The railway to be built commences at a point near the inter- Manhattan section of Park Row and Broadway, being the southern terminus of the railway now under construction, under a contract known as Original Contract No. I. From this point there commences a two-track line running under Broadway, Bowling Green, Battery Place, State Street and Battery Park, with a loop under Battery Park and Whitehall Street; all of which railway shall be known as the Manhattan Line. At a convenient point immediately south of the station to be Brooklyn constructed under Bowling Green there will be a junction with both the tracks of the Manhattan Line, from which junction there will be built two tracks under Battery Park and State Street, Whitehall Street, South Street, Piers Nos. 2, 3 and 4; thence under the East River and under Piers Nos. 16 and 17 on the Brooklyn shore to Furman Street, and thence under Joralemon Street, Fulton Street and Flatbush Avenue to the intersection of Flatbush and Atlantic Avenues ; all of which line shall be known as the Brooklyn Line. The junction between the Brooklyn Line and the Manhattan Junction. Line is so arranged that the tracks of the Brooklyn Line will pass under the tracks of the Manhattan Line at a point under Battery Park, so as to avoid a grade crossing. All parts of the Manhattan and Brooklyn Lines will be underground. Stations will be located on the Manhattan Line : between Ful- Stations, ton and John Streets ; at Rector Street ; at Bowling Green and at South Ferry ; and on the Brooklyn Line ; at Borough Hall ; at Hoyt Street ; at the intersection of Flatbush Avenue and Fulton Street, and at the intersection of Flatbush and Atlantic Avenues. In addition to the construction of the railway itself, it will be Surface and necessary to construct or re-construct certain sewers, together s t ruc tures with house and other sewer connections and to adjust, re-adjust and maintain railways, pipes, subways, and other surface and sub- surface structures, and to relay the street pavement, both on 39 Chap. II. Specifications: General Description Lines and Grades. Detailed drawings. Working and shop drawings. streets occupied by and on streets other than those occupied by the route of the railway. The above description of the Manhattan and Brooklyn Lines, and the sewers off the route of the railway, is told in general language, but the location of the various tracks, junctions, loops, grades, termini, etc., are set forth more particularly on the ac- companying Contract Drawings. During the progress of the work the Board will give, through the Engineer, to the Contractor, suitable points, marks or benches, indicating the line and grade of the railway and of the sewers; such points or bench marks being established at such intervals as the Engineer deems necessary for the Contractor to be able to perform its work. The Engineer will prepare and furnish to the Contractor, from time to time as required, drawings and plans amplifying such details of the Contract Drawings as may be necessary, and draw- ings and plans necessary to show the adjustment and reconstruc- tion of all surface and subsurface structures wherever the recon- struction of the same is necessitated by the construction of the railway. The Contractor shall make all working or shop drawings which may be required in addition to the Contract Drawings, or in addi- tion to such other drawings as the Board may issue in amplifica- tion of such Contract Drawings as explained above. All work- ing or shop drawings shall be submitted in duplicate to the En- gineer for his approval, which approval 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 in accordance with the Contract Drawings and Specifications, 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 plans in duplicate for the approval of the Engineer; and no work shall be done upon said working or shop drawings until the approval of the Engineer be obtained, except as specified below. In the event of the Engineer failing to take any action within ten ( 10) working days after delivery to him at his office of such plans in duplicate, such failure shall be taken as equivalent to approval and the Contractor 40 Chap. II. Specifications: Manner of Prosecution shall be entitled to proceed exactly the same as if one set had been returned to him with the Engineer's approval indicated by his signature. 2. MANNER OF PROSECUTION. All the work shall be prosecuted in the manner according to Rapidity local conditions best calculated to promote rapidity in construe- an sa ety ' tion, to secure safety to life and property, and to reduce to the minimum any interference with the public travel. Special care must be taken to diminish damage wherever open excavation is permitted, and the width of such excavation must not exceed the width actually necessary, in the opinion of the Engineer, for the proper prosecution of the work. Wherever, in the judgment of the Board, traffic or other local Night work, conditions demand, the work shall be prosecuted during the night only or during both night and day; and at all points the Board shall have power to require the Contractor to so conduct its work that it shall not remain open or obstruct traffic an unreasonable length of time. In addition to the above general requirements the Contractor shall conduct its work in compliance with the follow- ing special requirements : For that portion of the route under Broadway between the Broadway, point of beginning and the north end of Bowling Green, and ^ a j n - ~ that portion of the route in Brooklyn between Borough Hall and Brooklyn.' Flatbush Avenue, work shall not be begun at any point until a statement has been filed with the Engineer, showing that the material needed for construction at such point has been acquired and is on hand. When construction has been begun the same shall be prosecuted with all possible energy, with at least two (2) shifts of eight (8) hours each every working day. Before com- mencing construction the Contractor shall furnish to the Engineer, and receive his approval thereto, a plan indicating its method of procedure ; such plan shall require that on week days between the hours of 8 A. M. and 6 P. M. the surface of Broadway shall be maintained in a condition for ordinary travel, except in such man- ner and in such places as the Engineer in writing may permit. For that portion of the route under Bowling Green, Battery p ar ks. Park and Borough Hall in Brooklyn and other public parks or parkways, such reasonable precautions must be taken to protect Chap. II. Specifications'- Excavation Wharves and docks. East River. Other portions of the route. from injury all trees, shrubs, other plants and grass-plots, as may be called for by the authorities specially charged with the care of the public parks. Such trees as are found along the line of the route and between the necessary side lines of excavation, are to be properly supported in place, if in the judgment of the Engineer such trees can thereby be saved. For every tree re- moved or killed, the Contractor shall set out a new thrifty tree of similar kind of a height not less than fifteen (15) feet, ana of a diameter not less than three and one-half (3^2) inches, in such a position as the superintendent of public parks shall indi- cate. All roads, crosspaths, grassplots, shrubbery and other plants, removed or affected by the construction of the railroad, shall be restored as soon as possible to as good a condition as existed before commencing operations. For that portion of the route adjoining wharves and docks the work must be so prosecuted as to permit free access to neighboring wharves and docks. For that portion of the route under and adjacent to the East River, work shall be prosecuted by tunneling from shafts located inside the pierhead lines, and no staging or any structure will be permitted outside the pierhead lines without the special permission of the Board. For all other portions of the route not otherwise specified, the Contractor will be permitted to conduct its work in the most ex- peditious manner possible, having due regard for the safety of persons and property and under such reasonable instructions as the Engineer may give from time to time as to facilities to be fur- nished by the Contractor for the benefit of street travel, both longitudinal and cross. No building shall, without the consent of the occupant, be deprived of reasonable means of access thereto ; and, where streets are open, proper and easy means for passengers to reach or leave street cars shall be maintained. Access to fire hydrants. 3. EXCAVATION. Wherever the work is being carried on by open excavation, free access must be given to every fire hydrant and fire alarm box, and when required hydrants shall be extended by suitable tube or pip- ing to an accessible point as approved by the Engineer. At all Chap. II. Specifications'- Excavation times and in all places no materials must be piled within ten ( 10) feet of any fire hydrant or fire alarm box ; and where materials are piled near to a fire hydrant or fire alarm box, and to such height as to obscure a sight of the same, the position of such hydrant or fire alarm box shall be indicated by suitable signals, both day and night. All. work in excavation must be so con- ducted, or bridged if necessary, as to give the Fire Department access at all times and in all places to any building or buildings for the extinguishing of a fire. Trenches shall be excavated to such depth in soft ground as Depth of may be necessary to permit the laying of such concrete bed or special foundation as may be deemed necessary by the Engineer. In rock they shall be excavated to such depth that no projecting point of rock shall be within two (2) inches of the floor water- proofing. Such excavated sand, gravel or stone as in the judgment of the Material Engineer is suitable for use in mortar, concrete, or masonry, may s be stored and used in the work. All excavated material not required for construction of the sub- Ma * e .rial removed , ., ,. ~., , T , to Rikers Island, way shall, if directed by the Board, be taken to Riker s Island, and there deposited, as directed by the Engineer ; provided that the work of re-handling at that point, other than dumping, shall be done by the City, and with reasonable dispatch. No material of any nature will be piled along Broadway in Man- hattan, or Fulton Street in Brooklyn, or any streets adjacent thereto. Material shall be removed expeditiously and disposed of, except Removed as stated above, in any place selected by the Contractor, subject expec to the ordinances and regulations of the City authorities govern- ing 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. All material which with the permission of the Board may be left temporarily in the street, shall be watered by the Contractor when so directed by the Engineer. For the purpose of facilitating construction and to diminish the Temporary period of occupancy of any street for the transportation of mate- rial, the Contractor may, with the approval of the Board, lay, upon or over the surface of any street, temporary tramways to be used only for the removal of excavated materials and for the transpor- 43 Chap. II Specifications: Excavation Carts to be tight. Width of excavation. Sides to be secured. Quicksand. Pumping. tation of materials for use in construction, provided, however, that any such tramway shall be forthwith removed upon the direction of the Board. All carts, buckets or other vehicles used by the Contractor for the removal of material, shall be tight and so arranged and so loaded as not to spill over the top. 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 or his duly qualified assistant in charge of that portion of the work. All open excavations shall be of such width, in addition to that of the railway, as shall be necessary in the opinion of the Engineer, for the proper and expeditious progress of the work, and to permit the laying and readjusting of all sewers, mains, subways and other subsurface structures encountered along the route. The sides of the excavations shall be secured against slips by suitable sheet-piling or sheeting, held in place by braces, shores, or waling strips, special precautions being taken where there is additional pressure due to the presence of buildings or other struc- tures. The Engineer may order additional braces and supports, and the same shall be promptly put in place by the Contractor. All such sheet-piling, sheeting, bracing, shores and waling strips, shall be put in place by workmen especially skilled for that purpose, and shall be so arranged as to permit their being safely withdrawn when the trenches are being backfilled. In the event of encounter- tering quicksand, subsurface streams or similar dangerous contin- gencies, or where passing especially heavy buildings which by their construction or position might bring a great pressure upon the trenches, the right is reserved by the Board for the Engineer to direct that such buildings shall be underpinned, or that special sheeting shall be driven in such manner and to such depth as the Engineer directs, or that but a short length of trench shall be opened at one time, and furthermore to direct, if necessary, that the same shall be securely sheeted and braced on all sides after the manner of a shaft, and that the permanent work be constructed in such shaft and backfilled before another opening is made. Whenever water is encountered in trenches, the same shall be removed by baling or pumping, great care being taken when pumping that the surrounding particles of soil be not disturbed or removed. If necessary to prevent such disturbance, the pumping must be done by a series of driven wells whose points are pro- 44 Chap. II. Specifications: Backfilling tected by fine wire cloths, and the rate of flow at each well being made so slow as not to remove the particles of soil ; or the pump.- ing must be done by other means approved by the Engineer. The delivery from all pumps shall be conducted into the adjacent sew- ers, and the delivery pipes shall be so arranged as to be readily inspected at all times to ascertain if the water is free from par- ticles of soil. Whenever rock is encountered in any trench or tunnel, and Blasting, blasting is necessary for its removal, all necessary precautions must be exercised by the Contractor, as required by the ordinances of the City of New York relative to blasting. Explosives shall be used only of such character and strength as may be permitted by the Board, and the right is reserved for the Engineer to direct that in special cases ordinary blasting powder only, in small charges, shall be used. Wherever any pipe or main is encountered in the trench, right is reserved to direct that all rock within five (5) feet of the same shall be removed by means other than blasting. No larger quan- tity of explosives shall be kept on the line of the work than will be actually required for the twelve (12) hours of work next en- suing, and such supplies shall be divided as far as possible and kept under lock, the key to which being only in the hands of the foreman or other equally trustworthy person. The amount of ex- plosives kept in any one place shall not exceed the limit permitted explosives. by any ordinance of the city, or as may be determined by the Board. Caps and exploders shall not be kept in the same place with dynamite and other explosives. During freezing weather, special precautions shall be taken as to the care and manipulation of dynamite. 4. BACKFILLING. The trenches at the sides of and over the top of the subway, Quality of shall be backfilled with sand, gravel, or other good clean earth, free from perishable material and from stones exceeding three (3) inches in diameter, and not containing in any place a proportion of stone below that size exceeding one ( i ) part of stone to three (3) parts of earth. The filling shall be deposited in layers not exceeding nine (9) inches in thickness, and then be well watered and thoroughly packed by rammers weighing not less than thirty 45 Chap. II. Specifications: Piling and Timbering (30) pounds each, and in such manner that no unbalanced pres- sure can be thrown upon the subway or any sewer, pipe or other subsurface structure. Whenever pipes, sewers, or other subsur- face structures are met with, the filling must be carefully packed, rammed and tamped under such subsurface structures, using spe- cial tools for the purpose. No filling of trenches with frozen earth will in any case be permitted. As fast as the work of filling per- mits, sheeting and other timber supporting the sides of the excava- tion shall be carefully withdrawn, or left in place as directed by the Engineer. Piles. Foundation timber. Timber for temporary purposes. 5. PILING AND TIMBERING. At situations where the excavation is in wet ground, if in the judgment of the Engineer the ground is of such a character as to require piling, the Board may direct the Contractor to drive piles. Such piles shall be of good, sound oak, pine or spruce, straight and free from shakes; they shall be not less than twelve (12) inches in diameter at the butt end, nor less than six (6) inches in diameter at the point, and shall be driven to the satisfaction of the Engineer and by means of a steam hammer driver if so re- quired by him. If necessary the points of the piles shall be pro- tected by proper shoes, and the butts by rings or caps. Piles shall not be spliced unless permitted by the Engineer, and then in such manner as he directs. Piles shall be carefully cut off to the grade given by the Engineer. All foundation timber shall be of pine or spruce, or other timber permitted by the Engineer, sound and free from shakes. It shall be of such dimensions, and laid in such manner, as the special plans to be issued shall require, and held in place by spikes or good seasoned oak or locust treenails. All timber used for sheeting, shoring, bracing, bridging or other temporary purposes, shall be sound and free from any defects that may impair its strength. The top or wearing surface of all bridg- ing used for carriageways shall be of hard yellow pine, 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. Chap. II. Specifications: Tunnelling 6. TUNNELLING. All tunnels shall be lined with steel or cast-iron with concrete, Lining, or with concrete or brick masonry. Where tunnels are lined with concrete or brick work without metal, proper provisions shall be made for keeping the tunnels dry by the use of bricks dipped in asphalt, or other method as prescribed by the Engineer. The space between the extrados of the arch or back of the side Packing, walls and the rock or other materials of excavation, shall be filled with concrete. After the concrete is in place a grout, consisting of one (i) Grout, part fine, clean and sharp sand, and one ( I ) part Portland cement, shall be pumped in from time to time behind the concrete under pressure, so as to completely fill all the voids. Where tunnels are made by the use of a shield, similar grout shall be pumped in to completely fill the space left by the tail piece of the shield as soon as the shield is moved forward. The tunnels shall be excavated to the lines as shown on the plans. Blasting. Drilling and blasting must be conducted with all possible care and in such a manner as not to shatter the roof and sides outside of the section lines, nor endanger adjoining property. Blasts shall not be fired between the hours of u P. M. and 7 A. M. where tunnels are in front of private residences, without the express per- mission of the Board and under such restrictions as it may impose. Whenever any loose rock occurs outside of the lines of the ex- Loose Rock, cavation, whose fall or settlement might, in the judgment of the Engineer, produce an unequal or concentrated pressure on the masonry, the same shall be removed, and the space refilled with such class of masonry as ordered by the Engineer. All seams carrying water shall be carefully drained, as specified Drains - under the clauses relating to drainage. In soft ground the Contractor must take every precaution, and Soft ground, such precautions as the Engineer may direct, by suitable shields, timbering, lagging or other supports, to prevent any settlement or movement of surrounding ground. Such timber as cannot be drawn without endangering the work or the ground above, shall be left in place and thoroughly surrounded by masonry and grouted. The tunnel beneath the East River and the approaches thereto Compressed where under water shall be equipped with shields, and a suitable alr - 47 Chap. II. Specifications: Cement Arched cut and cover. Portland cement. Brand to be approved. Inspection. Fineness. Tensile strength. compressed air plant with at least one (i) engine and air com- pressor in reserve. The air locks shall be built with safety locks in addition, to provide for the escape of workmen at time of acci- dent. All methods of tunnelling shall be subject to the approval of the Engineer, and be changed from time to time if, in his judg- ment, the local conditions so require. In arched cut and cover work the arching and side walls shall be of concrete or brick masonry, with proper precaution taken in each case to prevent leaks, as prescribed in the clauses relating to waterproofing. 7. CEMENT. Portland cement, slow or quick setting, as directed, and equal in quality to the best grade of American Portland cement is to be uesd and delivered in well-made casks or such other packages as may be approved by the Engineer. Before any cement will be allowed to be used, the brand and name of the maker must be submitted to and receive the approval of the Engineer, and no cement will be permitted to be used that is not in all respects satisfactory to him. All cements used shall be subject to inspection and such rigorous tests as shall be ordered by the Engineer, preference being given to cements, however, which, by their records, show a tendency to develop strength steadily for long periods unless for special pur- poses cement is required that will develop great strength in a short time. Cement before being used must pass inspection as to following requirements : Ninety-eight (98) per cent, shall pass a No. 50 sieve, and ninety (90) per cent, a No. 100 sieve. Neat cement briquettes shall have at the end of one (i) day in water, after hard set, 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 (i) day in air, six (6) days in water, of not less than four hundred (400) Ibs. ; and at the end of twenty-eight (28) days, one (i) day in air, twenty-seven (27) days in water, of not less than five hundred (500) Ibs. Briquettes when composed of one ( i ) portion of cement and two (2) portions of sharp quartz sand, shall have at the end of 48 Chap. II. Specifications: Cement seven (7) days, one (i) day in air, six (6) days 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 (i) day in air and twenty-seven (27) days in water, of not less than three hundred (300) Ibs. Chemical analysis will be made from time to time, and cement Chemical it. analysis, furnished must show a reasonable uniform composition, sulphur being limited to six-tenths (0.6) of one (i) per cent. Tests for soundness will be made as follows: Tests for checking and cracking and for color will be made by Soundness, moulding on plates of glass cakes of neat cement about three (3) inches in diameter, one-half (y 2 ) inch thick in the centre, and with very thin edges. One ( i ) of these cakes when set perfectly hard shall be put in water and examined for distortion or cracks, and one (i) shall be kept in air and examined for color, distor- tion and cracks. Another cake -shall be allowed to set in steam for twenty-four (24) hours and then put in boiling water for twenty-four (24) hours. Another cake shall be allowed to set hard in dry air for twenty- four (24) hours and then put in boil- ing water for twenty-four (24) hours. Such cakes should at the end of" the test still adhere to the glass and show neither cracks nor distortion. A briquette, in like manner, shall be allowed to set hard in dry air for twenty-four (24) hours, then boiled for twenty-four (24) hours, be cooled in water and then broken, and show three hundred and fifty (350) pounds tensile strength. Neat briquettes must show a minimum increase in strength of Increase in fifteen (15) per cent., and sand briquettes twenty-five (25) per s cent, from the tests at the end of seven (7) days to those at twenty-eight (28) days. The Contractor must at all times keep in store, at some conve- M^ods of nient point in the vicinity of the work, or at the place of manufac- storing, ture, should the Engineer so elect, a sufficient quantity of cement to allow ample time for tests to be made, and the Engineer shall be notified at once of each delivery. Cements shall be stored in a tight building, each cask or package being raised several inches above the ground by blocking or otherwise, and ample storage room must be provided so that each separate lot of not more than one hundred (100) barrels can be stored .so as to make it conve- nient to identify each individual lot in case of its rejection, or in case of the necessity for further tests. 49 Chap. II Specifications: Mortar Access to stores. Access shall be given to the Engineer and properly authorized members of his staff to enter at any time any and all places where cement is kept, in order to identify the same, or to inspect the method of storing and protection, all packages shall be properly marked for identification. Sand. Mixing. How measured. Proportions. 8. MORTAR. All mortar shall be prepared from cement in perfect condition, which has passed the tests required by the Engineer, and coarse, clean, sharp sand, free from loam or foreign matter, and approved by the Engineer. These ingredients shall be thoroughly mixed dry in the proportions as specified below; a moderate dose of water is then to be added, so as to produce a stiff paste of the proper consistency. The mortar shall be freshly mixed for the work in hand, in proper boxes made for that purpose, and no mortar shall be used that has become hard or that has stood beyond such, limn of time as may be ordered by the Engineer. In mixing- mortar, the cement shall be measured as packed in the casks received from the manufacturer, or in other packages equivalent to casks, and the proportions by volume shall be, for the various classes of work, as specified below : Brick masonry, one (i) portion cement, two (2) portions sand. Column footing stones, one (i) portion cement, two (2) por- tions sand. Stone masonry, one (i) portion cement, two and one-half (2 l / 2 } portions sand. Pointing, one ( i ) portion cement, one ( i ) portion sand. Concrete masonry, as specified under the head of concrete. For other classes of work, as directed by the Engineer. How composed. Size of stone. 9. CONCRETE. The concrete shall be composed of sound, clean, screened gravel or sound broken stone, or a mixture of both, free from all dirt and dust, and mixed together with the proportion of mortar speci- fied below. For all concrete the maximum diameter for broken stone or gravel unless specifically permitted by the Engineer must not exceed in any direction one (i) inch. Chap. II. Specifications: Concrete In all concrete where the thickness is thirty (30) inches or Rubble more, the Contractor may imbed in the same broken pieces of sound stone whose greatest diameter does not exceed twelve (12) inches and whose least diameter or thickness is not less than three-quarters (34) of the greatest diameter. These stones shall be set by hand in the concrete as the layers are being rammed, and so placed that each stone is completely and perfectly im- bedded. No two (2) stones are to be within six (6) inches of each other and no stones within four (4) inches of an exposed face. The proportions of mortar and stone used in making concrete Proportions, shall be as follows : Concrete in floor, side walls and roof, one (i) portion of ce- ment, three (3) portions of sand and four (4) portions of stone. Protective concrete outside of waterproofing on sides and roof, one (i) portion of cement, three (3) portions of sand and five (5) portions of stone; or, one (i) portion of cement and five (5) portions of sand. All machine mixing shall be done with a mixer approved by Mixing, the Engineer and used in accordance with his instructions. When concrete is mixed by hand the stone or gravel shall be spread on a platform in a bed of 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 thor- oughly mixing- the latter, the dry mortar 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 two (2) turnings shall be allowed in any case, water being added as necessary. Care should be taken to keep the bed of concrete wet and avoid piling. Concrete shall be laid immediately after mixing in layers not How laid, more than six (6) inches in thickness, and be thoroughly com- pacted throughout the mass by ramming until the water flushes to the surface. The amount of water used in making the con- crete shall be approved by the Engineer. Special tamping bars shall be used as directed by the Engineer. Concrete to which waterproofing is to be applied shall be made smooth at the time of laying and shall be carefully protected from injury by barri- cades or otherwise, if necessary, until thoroughly set. Concrete shall be allowed to set for twelve (12) hours, or more, Forms. Voids to be filled. Chaf>. II. Specifications: Brick Masonry if so directed, before any work shall be laid upon it ; and no walk- ing over or working upon it shall be allowed while it is setting. Concrete shall not be flooded with water before being thoroughly set. Before laying concrete on rock surfaces the latter shall be swept clean of all debris and dirt. Whenever it becomes necessary to lay fresh concrete next to or on top of concrete in which the mortar has already set, the sur- face of the old concrete shall be well washed and a thin layer of clear cement shall then be spread over it immediately previous to the laying of the fresh concrete. Suitable forms shall be provided by the Contractor to support the concrete while being rammed in the walls or roofs. These forms shall be immediately replaced by new ones as soon as they commence to lose their proper shape. Before being used they shall be carefully cleaned of cement and dirt and shall present to the concrete, on the surface afterwards exposed to sight, a per- fectly smooth surface. The forms shall be made of wood, kept carefully smooth and coated with soap or other suitable substance as approved by the Engineer ; or made of metal sufficiently thick to make the forms without the use of wood. No sheet metal cov- ered wood forms to be used. In no case on an exposed surface of the concrete must the joints of any component pieces of the forms, nor the grain of the wood, be visible. The forms shall be set true to line, firmly se- cured, and be so tight as not to allow water in the mortar to escape. They shall remain in place until the concrete is thor- oughly set, and in the event of pressure coming at once on the concrete, such additional time as the Engineer may direct. On removing the forms, if any voids or irregular connections with the steel frame work are discovered, such defective work shall be cut out and filled with a rich concrete or mortar, in such proportion and in such manner as the Engineer may direct. No voids shall be filled until the defective concrete shall have been inspected and cut out where so directed. Quality. 10. BRICK MASONRY. Bricks for all masonry, except where enamelled bricks are speci- fied, shall be of the best quality, hard burned bricks, burned hard Chap. II. Specifications: Brick Masonry entirely through, regular and uniform in shape and size and of compact texture. Enamelled bricks, tiles, faience, terra-cotta or other material Enamelled used in the decoration and interior finish of stations shall be of bncks - the best merchantable grade of respective articles as approved by the Engineer, and shall be laid by workmen especially skilled with free, fine joints and perfectly true to line and surface. The roof of the railway over the tracks at stations and the Roof, how roof and sidewalls for a distance of at least thirty (30) feet in hned - both directions from the edge of the platform shall be lined with tiles or enamelled bricks. All brick masonry shall be laid in mortar of the quality above HOW laid, described, except that in exposed locations coloring matter may be added, if permitted by the Engineer. The bricks shall be laid to line with joints in the face work not exceeding one-quarter ( J 4) of an inch in the beds, and three-eighths (^) of an inch on ends; the bricks to be thoroughly wet before laying and to be completely imbedded in the mortar under the bottom and on the sides and ends at one operation, care being- taken to have every joint full of mortar. All exterior surfaces shall be smooth and regular. The inside faces of all arches and other exposed parts shall have all the mortar scraped off within three (3) days after the centres have been struck, and shall be pointed and left in neat condition. All bricks of whatever nature shall be carefully culled before No " Bats " laying, at the expense of the Contractor. No "bats" shall be used or culls - except in large masses of brickwork, where a moderate proportion, to be determined by the Engineer, shall be used, but nothing smaller than half bricks. All unfinished work must be racked back or toothed, as directed by the Engineer, and before new work is joined to it the faces of the bricks in the old work must be scraped entirely clean, scrubbed with a stiff brush and be well moistened. Where necessary to make a neat joint in connection with steel Special bricks, framework, or at corners, curves, or other similar places, special bricks of proper shape shall be furnished and used. All centres arid forms shall be made to fit the curves of the work, be put up and removed in a manner satisfactory to the Engineer. 53 Chap. II. Specifications: Stone Masonry Cut stone. Footing stones. Anchor bolts. Rubble or other masonry. Pointing. ii. STONE MASONRY. Cut stone masonry will be used for footing stones of columns, and when necessary elsewhere. In general, columns will be set on a concrete base. Such cut stone masonry, except as otherwise specified, shall be of granite, unless some other durable stone is accepted by the Board. Footing stones for columns shall be of the dimensions and shapes shown on the plans, shall be strong and free from defects, and shall be set in Portland cement mortar. Before being set the tops shall be rough-pointed without chisel draft. The ver- tical sides shall be left quarry faced, the portion of the top where the column base plate is to sit dressed to a true plane with pean hammers, and the top brought to a plane so that at no point will there be a depression more than one-half (^2) inch in depth, or more than two (2) square inches in area, from a straight edge laid across the top in any direction. In case the Contractor fails to set the footing stones true to line and surface, then they shall be set with their tops about one-eighth (^) of an inch above the grade called for by the plans, and not less than two (2) days after being set they shall have their tops dressed with pean hammers, so as to form accurate seats for the base plates of the columns. Holes shall be accurately drilled for anchor bolts, and filled with neat Portland cement mortar after the bolts are set in place. Columns during erection shall be set on iron shims, if shims are necessary. Wooden shims are prohibited. If directed by the Engineer all stone shall be sprinkled with water before being laid and thoroughly cleaned. In case, during the progress of the work, any rubble or other masonry of different class from that specified above, shall become necessary, or shall be desired by the Board, the same shall be con- structed according to the specifications applicable to the best work of such class, and according to the directions of the En- gineer. The pointing of the faces shall be thoroughly made with Port- land cement mortar, mixed in the proportion of one (i) portion of cement to one (i) portion of sand. Unless otherwise permitted, every joint that is to be pointed shall be raked out within two (2) days after being laid, to a depth of at least two (2) inches. No pointing shall be done in freezing weather and all masonry 54 Chap. II. Specifications: Waterproofing laid between December ist and April 1st shall not be pointed until Freezing permitted by the Engineer. During freezing weather such ma- sonry only will be built whose construction cannot be postponed, in the judgment of the Engineer, except at the cost of delaying the work. The Contractor must provide salt, or appliances for heating the water and steaming the building materials according to the specific directions of the Engineer. During freezing weather all masonry and concrete shall be protected by suitable covering. During hot weather all masonry, especially concrete, shall be Hot weather, kept wet by sprinkling and be covered until the same has be- come hard enough to prevent drying and cracking. Any masonry which is found to be defective from any cause at any time before the acceptance of the work, must be removed and properly rebuilt. The word "masonry" where it occurs in these specifications, covers, unless otherwise specified, masonry of all kinds, whether of concrete, brick or stone. 12. WATERPROOFING. It is the very essence of these specifications to secure a railway Dryness essential, structure underground, which shall be entirely free from the per- colation of ground or outside water, to which end construction shall be carried out as follows : After the soil has been excavated to the required depth and Preparation of dressed off to a true grade as directed by the Engineer, there foundation, shall be laid a bed of concrete of the proportions as herein de- scribed, of such thickness as the local conditions demand, in the judgment of the Engineer. On such bed, which shall be made as level and smooth as possible on the top surface, there shall be spread a layer of hot asphalt, and on such asphalt there shall be immediately laid sheets or rolls of felt, all of the quality here- inafter described ; another layer of hot asphalt shall be spread over the felt ; another layer of felt laid, and so on until the required number of layers is in place. On top of the upper surface of asphalt, the remainder of the concrete as called for by the Con- tract Drawings shall be put in place. Upon the foundation of concrete, the Contractor shall erect sidewalls. sidewalls of concrete, brick, or preferably hollow brick, in order 55 Chap. II. Specifications: Waterproofing Roof. Quality. Felt. Concrete to be dry. to secure drainage, against which sidewalls there shall be attached alternate layers of asphalt and felt as described above for the floor. The exterior walls are to be constructed so that there shall be at least two (2) inches in the clear from the interior face of said wall and the exterior faces of the sidewall beams; or where ducts are to be placed, said exterior walls shall be built so as to permit the laying- of the ducts with a space of at least two (2) inches between the interior face of said ducts and the exterior faces of the sidewall beams. The roof of the structure shall be treated in a similar manner by finishing the jackarches to such a height as directed by the Engineer, spreading the asphalt and felt in alternate layers and then adding a cover ol concrete, completing the roof as called for by the Contract Drawings. By the arrangement above described there will be a continuous sheet of asphalt and felt imbedded within the concrete of the bottom, top and both sides, and completely enveloping the struc- ture. The asphalt used shall be the best grade of Bermudez, Alcatraz or lake asphalt, of equal quality, and shall comply with the follow- ing requirements: The asphalt shall be a natural asphalt or a mixture of natural asphalts, containing in its refined state not less than ninety-five (95) P er cent, of natural bitumen soluble in rectified carbon bisulphide or in chloroform. The remaining ingredients shall be such as not to exert an injurious effect on the work. Not less than two thirds (%) of the total bitumen shall be soluble in petroleum naphtha of seventy (70) degrees Baume or in Acetone. The asphalt shall not lose more than four (4) per cent, of its weight when maintained for ten (10) hours at a temperature of three hundred (300) degrees Fahrenheit. The use of coal-tar, so-called artificial asphalts, or other prod- ucts susceptible to injury from the action of water, will not be permitted on any portion of the work, or in any mixtures to be used. The felt used for waterproofing shall be dipped in asphalt and weigh not less than fifteen (15) Ibs. to the square of one hun- dred (100) feet. All felt shall be subject to the inspection and approval of the Engineer. All concrete shall be dry before waterproofing is attached. If for any reason it is impracticable to have the concrete dry, then 56 Chap. II. Specifications: Waterproofing there shall be first laid a layer of felt of the quality above de- scribed, on the upper surface of which is to be spread the first layer of asphalt ; said extra layer of felt shall not be counted as one of the layers of felt required by the plans. Each layer of asphalt fluxed as directed by the Engineer must completely and entirely cover the surface on which it is spread without cracks or blowholes. The felt must be rolled out into the asphalt while the latter is Felt to be still hot, and pressed against it so as to insure its being com- pletely stuck to the asphalt over its entire surface, great care being taken tha.t all joints in the felt are well broken, and that the ends of the rolls of the bottom layer are carried upon the inside of the layers on the sides, and those of the roof down on the outside of the layers on the sides so as to secure a full lap of at least one ( I ) foot. Especial care must be taken with this detail. None but competent men, especially skilled in work of this kind, shall be employed to lay asphalt and felt. When the finishing layer of concrete is laid over or next to the waterproofing material, care must be taken not to break, tear or injure in any way the outer surface of the asphalt. The number of layers of felt on the sides and under the floor Number of shall in no case be less than three (3) in ground that is quite layers, dry, and where there is a water pressure against the masonry equal to ten (10) feet not less than six (6) layers. Where the water pressure is less than ten (10) feet, such number of layers between three (3) and six (6) shall be used as the Engineer may direct. The number of layers of felt on the roof shall be not less than four (4). Whenever the pressure of ground water against the structure exceeds ten ( 10) feet, waterproofing of the floor and walls shall then consist of two (2) layers of felt in asphalt, as described above, together with one (i) or more layers of brick dipped in asphalt as ordered by the Engineer. Said bricks before being dipped in asphalt shall be thoroughly dried and warmed. At all other points where the pressure of ground water is less than ten (10) feet, the Contractor may substitute in lieu of the number of layers of felt, as described above, one (i) layer of felt in hot asphalt, and one ( i ) or more courses of brick dipped in asphalt, as the Engineer shall direct. In masonry-lined structures where there is no steel work and the ground is dry the regular waterproofing may be omitted, but 57 Chap. II. Specifications: Drains and Pumps in that case in arched cut and cover work the extrados of the arch shall be coated with hot asphalt of the quality described. Any masonry that is found to leak at any time prior to the completion of this work shall be cut out and the leak stopped. Railway to be drained. Sub-drains. Sumps and pumps. 13. DRAINS AND PUMPS. Every part of the railway, the stations and their appurtenances connected therewith, must be so arranged sc far as possible that any water finding access thereto will be led away automatically to the City sewers. Where the railroad is on an inclined gradient, and is constructed in dry, porous soil, the floor of the railway may be depended on to act as a conduit. At the bottom of the inclined gradient con- nections must be made with a sewer or with subdrains lying be- neath the railway and draining into the sewers. Along such parts of the work where the soil is not porous, or where the floor of the railway cannot, in the judgment of the Engineer, be used as a conduit, there shall be laid beneath the rail level and on a continuous descending gradient, drain pipes of vitrified salt-glazed stoneware, of the quality described in these specifications for sewer pipe. Such drain pipe shall be of such diameter not exceeding twelve (12) inches, as the Engineer may direct, and there shall be one (i) such drain for each two (2) tracks. Each drain shall be laid in the concrete or directly in the soil with tight or open joints, in such manner and in such position as, in the opinion of the Engineer, local circumstances require. Where drain pipes connect with the city sewers, the junction shall be protected by suitable traps and back pressure valves where necessary to prevent back rush of water or gas from the sewers. Connections with the railway shall be as necessity de- mands and all as directed by the Engineer. Whenever the grade of the railway passes below the bottom of adjacent sewers there shall be constructed a sump connected with the subdrains or the floor of the railway. Such sump must be water tight with a capacity of not less than eight hundred. (800) gallons. At every sump there must be an electric or other im- proved pump with a sufficient capacity to remove such water as may enter the subway. Such pump must be arranged to work automatically. The delivery of such pumps shall be into the City sewers or elsewhere, as directed by the Engineer. Chap. II. Specifications: Steel and Iron 14. STEEL AND IRON. The steel used in this work shall be. of two grades, medium steel Open hearth and rivet steel. All steel shall be made by the open-hearth process Steel - and may be either acid or basic, with the following maximum limits of phosphorus in the finished material : Acid. Basic. Phosphorus. Phosphorus limit 07% .05% All ingots must have sufficient material cut off at the top before being rolled into finished material, to insure against piping and possible segregation. The finished work shall be perfect in all parts and free from Variation in irregularities, surface imperfections of all kinds, and piping. No weight, deficiency in the cross-section or weight of sections, as called for by the plans, exceeding two and one-half (2^) per cent., will be permitted. The original melt number must be painted or stamped on all , .-,.., . , Melt number, ingots, blooms, billets, and slabs, in order to identify the material throughout the various processes of manufacture, and the original melt number, together with the furnace heat number, must be stamped on each piece of finished material, except in the case of rivet steel and small pieces not forming part of the calculated sections, and members which may be shipped in bundles wired together, with the melt number on a metal tag attached. Failure to observe these requirements will be a cause for rejection. Two (2) sample bars not more than two (2) inches wide, Sample bars, having a sectional area of not less than one-half (^2) square inch, shall be cut from the finished product of every melt. Tests shall be made on these sample bars in their natural state, without annealing. Measurements to determine elongation shall be made on an original length of eight (8) inches. When a melt is rolled into several classes of shapes, the material of each class shall be separately tested, in which event one (i) sample bar for each class will suffice. The test pieces when tested in a lever machine shall for each melt, fulfill the following requirements : Reduc- Ultimate Elastic Elonga- tion of Requirements, strength, limit, tion, area, Ibs. Ibs. % % Medium steel, 58,000 to 68,000 35,ooo 22 44 Rivet steel, 48,000 to 58,000 28,000 27 54 59 Chap. II. Specifications: Steel and Iron Bending tests. Punching tests. Cast-iron. Tests. Test bars. L The entire fracture shall be silky. A piece of each sample bar, whose thickness is at least five- sixteenths (5/16) of an inch, after being heated to a cherry red, and cooled in water at a temperature of seventy (70) degrees Fahrenheit, shall be bent cold one hundred and eighty (180) de- grees and closed up against itself. In no case shall any crack ap- pear until the diameter of the circle around which the bar is bent becomes less than the thickness of the bar. In the case of rivet steel, the sample bar shall close up against itself without showing any crack or flaw. Punched holes pitched two (2) inches from a sheared or rolled edge in a piece at least three-eighths (^) of an inch thick, must stand drifting until their diameters are fifty (50) per cent, greater than those of the original holes, without signs of cracking in the plate. Duplicate tests may be made when the test pieces pass five (5) of the above-mentioned requirements, and the chemical analysis. If the second tests pass all requirements the melt will be accepted. All castings shall be made of tough gray iron which shall ex- hibit a uniform and closely grained fracture free from any white, mottled or vitreous appearance. The metal shall be soft enough to be readily cut, drilled and chipped, and when struck on a corner or edge with a hammer, it shall indent and not break off. The metal must exhibit a tensile strength between eighteen thousand (18,000) and twenty-four thousand (24,000) pounds per square inch when measured on a test specimen, from which the external coating or skin has been entirely removed by turning, planing or milling. When tested in the rough state with the "skin" retained, sample bars or castings having a uniform width and depth of one (i) inch and a length of forty (40) inches shall, when placed horizontally upon two (2) sharp edged supports thirty-six (36) inches apart, sustain at their middle point a gradu- ally applied load of seven hundred and fifty (750) pounds, with a deflection at the centre of four-tenths (0.4) to six-tenths (0.6) of an inch. The Contractor shall make, prepare and provide at least two (2) of the said cross breaking test bars and the same number of said tensile test bars from each charge or running of the metal actually used in the manufacture of any castings for said work. Two (2) of the test bars of each set shall be poured at the begin- ning and two (2) at the end of each charge or running. The ten- 60 Chap. II. Specifications: Steel and Iron sion bars shall be of such size and form as may be required by the Engineer or his representative. All such specimens are to be true samples of the iron used in the castings made from said charge or running. All test specimens are to be properly num- bered for reference. In judging the suitability of the metal, the average of these tests shall be considered as representing the strength of the metal as required aforesaid. All steel castings shall be annealed. Every steel casting shall be made with a coupon for testing, Steel castings, which coupon shall be cut off after annealing, and the test shall be made from a three-quarter (24) inch round cut from the coupon. The test piece shall show an ultimate strength of at least seventy thousand (70,000) pounds, an elastic limit of not less than thirty-five thousand (35,000) pounds, an elongation of at Tests - least fifteen (15) per cent, in two (2) inches, and a reduction of area of twenty (20) per cent, at the point of fracture. When the bearing surface of any steel casting is finished there shall be no blowhole vsible exceeding one ( i ) inch in any direc- tion, nor exceeding one-half ( y 2 ) inch in area. The length of the blowholes gauged by any straight line laid in any direction shall never exceed one ( I ) inch in one ( i ) foot. All portions of the metal work exposed to view, especially at stations, shall be neatly finished, pains being taken with any orna- mental work to give it an attractive and artistic appearance. All rolled members shall be carefully straightened at the shop before assembling. The nominal size of the rivets shown on the plans shall be Siz of r j vets understood to be the actual size of the cold rivets before heating. Rivets when driven must completely fill the holes, have full heads concentric with the rivet holes, and be machine driven wherever practicable, the machines to be capable of retaining the applied pressure after the upsetting is completed. The rivet heads must be fully and neatly finished, of approved shape and in full contact with the surface, or be countersunk or flattened when so required, and of a uniform size for the whole diameter of the rivet through- out the work, and must bind the connecting pieces thoroughly together. All loose or otherwise imperfect rivets must be cut out and re- Imperfect rivets, placed. No tightening of rivets by calking or recupping will be permitted. 61 Chap. II. Specifications: Steel and Iron Rivet holes. Field rivets. Built-up members. Rivet holes must be accurately spaced, and on die side must not measure more than three thirty-seconds (3/32) of an inch larger than the size of the cold rivet. The use of drift pins will be allowed only to bring together the several parts forming a member, and they must not be driven with sufficient force to distort the metal about the holes. If any hole has to be enlarged to admit the rivet, it must be reamed. Rivet holes, except rivet holes for splices in the bottom flanges of roof beams, may be made by a punch whose diameter is one- sixteenth (1/16) of an inch greater than that of the rivets called for by the plans, provided such punched holes will admit a hot rivet of specified size, otherwise subpunching and reaming will be required. All punched holes shall be free from torn or ragged edges, sharp fins being trimmed off before rivetting. Rivet holes in flange splices and connecting splice plates, as above mentioned, shall be made by a punch whose diameter is one-eighth (/-) of an inch less than that of the rivets called for on the plans, and subsequently increased by reaming to a diameter one-sixteenth (1/16) inch greater than the rivets specified. After reaming, every hole shall be entirely smooth, showing that the reaming tool has everywhere touched the metal. When required by the Engineer a reamer shall be run on the outer edge of holes so as to remove the sharp edges and make a fillet of at least one- sixteenth (1/16) inch in width under the rivet head. Rivet holes in the flanges of girders whose thickness is over five-eighths (^) of an inch shall be made by a punch whose diameter is one-eighth (>) of an inch less than the specified rivets, and shall be subsequently increased by reaming three-six- teenths (3/16) of an inch. All holes for field rivets, where reaming is called for by the preceding paragraphs, shall be reamed to iron templets at least one ( i ) inch thick, or shall be reamed while the connecting pieces are temporarily assembled either in shop or in the field. If such work is done in the shop, the connecting parts must be match- marked to insure similar positions in erecting. All built-up members, when finished, must be true and free from twists, kinks, buckles or bent joints between component pieces. All abutting surfaces of compression members, except 62 Chap. II. Specifications: Steel and Iron flanges of plate girders, must be planed or turned to even bear- ings, so that they shall be in perfect contact. All I-beam and built-up columns, after gusset plates are rivetted Columns, on, shall be faced top and bottom perpendicularly to the axis and to exact length. The lug angles shall then be set so as to produce an even bearing as determined by a straight edge. If lug angles are not set to give an even bearing, then the same shall be rivetted on before facing, but such facing shall not reduce the thickness of angles more than one-sixteenth (1/16) of an inch. The base plates and capplates must also be true to surface. Web-plates must not project beyond the flange angles, nor be Web-plates, more than one-quarter (*4) of an inch from the same. The web stiffeners of the plate girders shall in all cases be milled, to form a close bearing against the flange angle. The ends of all stringers, and longitudinal and abutting girders, fr n( h of girders, shall be faced true and square or to exact bevel, as called for by the plans. The header angles shall be so accurately fitted that when the ends of the stringers or girders are faced to the figured length, the amount of metal removed shall not reduce the thick- ness of the ends of the header angles by more than one-sixteenth (1/16) of an inch, while securing a true surface on the whole width of the connection. The abutting ends of the beams in the roof must either be faced or cold sawed so smooth, true, square and perfectly perpendicular to the longitudinal axis of the beams that joints will be tight and give full bearing of beam ends. All plates thirty-six (36) inches and less in width shall have Universal edges universal-mill rolled or planed. mi11 P lates - When members are connected by bolts which transmit sheering Bolts, stresses, the holes must be reamed parallel and the bolts have a driving fit. All threads and nuts, unless otherwise ordered, shall be of the United States standard. All machine surfaces shall be coated with white lead and tallow. Great care must be taken in handling steel, and straightening c are in handling, after punching must be conducted so as to reduce the risk of cracking to the minimum. Steel sections must not be hammered cold or worked at a black Annealing heat. When any part of the steel piece in which the full strength is required has to be heated for working, the whole shall be afterwards annealed. 63 Chap. II. Specifications: Painting To be carefully piled. All parts shall be loaded for shipment from the shops, so as to avoid injury in transportation. In shipping or handling at any time, every care shall be taken to avoid bending or straining the pieces, or damaging the paint. All pieces bent or otherwise injured will be rejected. All pieces of finished work shall have proper marks stencilled thereon before shipment. All steel for delivery and which is to be held in storage, shall be piled in courses on suitable timber supports, and all so ar- ranged as to prevent the component parts from being bent or damaged. Such steel shall be piled in such locality as to prevent its being covered with dirt, and shall be protected from the weather. Shop coat. Red lead. Rods to be oiled. Second coat, carbon paint. Third coat, white lead. 15. PAINTING. The metal work before leaving the shop shall be thoroughly cleaned with wire brushes and have all loose rust and scale .re- moved to the satisfaction of the Engineer, and be given one ( I ) coat of pure red lead and pure boiled linseed oil, mixed in the proportion of thirty (30) pounds of red lead to a gallon of oil. After erection the metal work shall be cleaned from dirt or other objectionable matter that may be found thereon, and then thor- oughly and evenly painted with two (2) additional coats of paint. In the case of members buried in concrete, the third coat may be omitted, if permitted by the Engineer, and provided that any dam- age to the first coat is thoroughly repaired before the application of the second. Rods intended for use in reinforced concrete shall be covered with one (i) coat of pure linseed oil before shipment, and shall be protected from the weather before being put in place, and shall be cleaned but not painted before being incased in the con- crete. The second coat of paint for members incased in concrete shall consist of a carbon black paint, containing on analysis seventy (70) per cent, pure linseed oil and thirty (30) per cent, of pig- ment; the latter to consist of at least eighty (80) per cent, of carbon and the residue to be composed of ash and silicates. The exposed members shall be given two (2) coats of white or colored paint in addition to the usual red lead coat, repaired if 64 Chap. II. Specifications: Track necessary. The component parts of said white paint shall be thirty (30) per cent, of pure linseed oil; seventy (70) per cent, of pure white lead, and necessary per cent, of Japan dryer. In the final coat the pigment shall consist of eighty (80) per cent, of white lead and twenty (20) per cent, of zinc oxide. Coloring matter shall be added as directed by the Engineer. Surfaces of built-up members in contact, or inaccessible after Surfaces in assembling, shall be cleaned before assembling, and shall be contact - painted with one ( I ) heavy coat of red lead. The parts shall be at once assembled for riveting, while the paint is still fresh. All recesses that might contain water, or through which water could enter, must be filled with thick paint or a waterproof cement of ground skins before receiving final painting. All surfaces so close together as to prevent the insertion of a brush, must be painted thoroughly by using a piece of cloth. All materials for painting shall be subject to the closest inspec- i nspect i on tion and chemical analysis, and the detection of any inferior of paint. quality of material, or adulterant, shall involve the rejection of all such material and the scraping and repainting of such portions of the work which were painted with it. After erection the metal shall be thoroughly cleaned of all dirt, Metal to be rust or scales by stiff wire brushes or sand blast, and afterward cleaned - dusted and thoroughly and evenly painted as described above. No paint to be applied until the cleaning has been passed upon by an Inspector. The mixing and application of paint and the preparation of the surface before the application of the paint will be subject to the closest scrutiny. No painting in rainy or freezing weather shall be done without the approval of the Engineer. The surface of the concrete and brick walls, and roof arches, Concrete to shall be white plastered, or shall be painted with two (2) coats of be light color, to the satisfaction of the Engineer. This paint may be spread on by machinery. The final coat of paint at stations shall contain such a propor- tion of granulated cork as shall be directed by the Engineer. 1 6. TRACK. The track shall be laid of the best materials and to the standard Minimum of and in the manner best calculated to make a track on which trains vlbra tion. 65 Chap. II. Specifications: Track How composed. Section of Rail. Composition of Rail Steel. Ingots. Reheating. can be run at the highest attainable speeds with the minimum of jar and noise. The track shall consist of rails laid on and surrounded by con- crete; or laid on a continuous bearing of wooden blocks, the grain of which is to be transverse to the length of the rail ; or shall be laid on cross ties imbedded in ballast. The section of the rail rolled shall conform to the section adopted as standard by the American Society of Civil Engineers, a templet of which will be furnished by the Board. The weight of the rail per linear yard shall be not less than eighty (80) pounds. No variation in height exceeding one-sixty-fourth (1/64) of an inch from the standard section will be permitted, and the fit of the fishing or male templet shall be maintained perfect. Chemical Composition The steel of which the rails are rolled shall contain not less than four-tenths (0.4) nor more than fifty-five hundredths (0.55) of one (i) per cent, of carbon where the phosphorus exceeds seven-hundredths (0.07) of one (i) per cent. Where the phos- phorus is seven-hundredths (0.07) of one (i) per cent, or less, the carbon shall be not less than forty-five hundredths (0.45) nor more than six-tenths (0.6) of one (i) per cent. The manganese in no case shall exceed one and twenty-hundredths (1.20) per cent., and where the phosphorus exceeds seven-hundredths (0.07) of one (i) per cent., the manganese shall not be higher than one (i) per cent. Also in no case shall the phosphorus exceed one- tenth (o.i) of one (i) per cent. Treatment After the ingots are cast they shall be kept in an upright position until ready to be rolled, or until the metal in the interior has had time to solidify. No "bled" ingots, nor ingots from "chilled heats" shall be used. Ingots from badly-poured heats shall not be used for first quality rails, but may be used for second quality rails. Sufficient length shall be cut off from the top of the ingot to in- sure a rail free from "piping" or other defects. In reheating, care shall be taken to avoid burning the steel, and under no circumstances shall a "cinder" heat be allowed. The number of passes and speed of train shall be so regulated 66 Chap. II. Specifications: Track that on leaving the rolls at the final pass the temperature of the Temperature, rail will not exceed that which requires a shrinkage allowance at the hot saws of more than six (6) inches, and no artificial means of cooling the rails shall be used between the finishing pass and the hot saws. Mechanical Requirements The name of the maker, the month and year of manufacture, How marked, and the number of the blow or heat shall be marked in plain let- ters and figures on the side of the web of the rail. The section of the rail rolled shall conform to the proper tern- Templates, plate. The fit of the fishing or male template must be perfect. The weight per yard shall be kept as near to the weight of the section as practicable. The length of rails, at a temperature of sixty (60) degrees Rail lengths. Fahrenheit, shall be thirty-three (33) feet; shorter rails, to an amount not exceeding ten ( 10) per cent, of each shipment, will be received in lengths down to twenty-four (24) feet in even feet. The rails must be free from mechanical defects and flaws, and No. i Rails, shall be sawed square at the ends, and burrs made by the saw care- fully chipped and filed off, particularly under che head and on top of the flange. The rails shall be smooth on the heads; straight in all direc- tions, both line and surface; and without any twists, waves or kinks ; particular attention being given to have the ends without kinks or drop. The hot straightening shall be carefully done, so that gagging under the cold press will be reduced to the minimum, and so applied that the rails shall not be made "lumpy." Such "lumpy" rails will only be accepted as No. 2 rail as here- after described. Circular bolt holes shall be drilled in the web near each end; Bolt holes, the number, size and location of holes to conform to drawing furnished by the Board. The holes must be accurately spaced and drilled and must be free from burrs. Tests A rail butt, selected by the Inspector, from each five conver- Bendm S Tests - sions. shall be placed head upwards on solid steel or iron sup- ports, of which the distance apart, in the clear, shall be three (3) feet, and upon it shall be dropped a weight falling from such height as to make a blow of thirty-seven thousand five hundred 67 Chap. II. Specifications: Track Inspection to be thorough. Cause for rejection. No. 2 Rails. (37,500). foot-pounds for eighty (80) pound rail,' and forty-nine thousand (49,000) foot-pounds for one hundred (100) pound rail, and the deflection produced must not exceed two and three- quarters (2^4) inches at the first blow. Should this test piece break or fail in deflection, a second test may be made. If it also fails, all rails from that heat shall be rejected; but if the second test stands, then a third one shall be made, and if this be success- ful, the rails from that conversion shall be accepted. Inspection Inspectors shall have free entry to the works of the makers at all times while this contract is being filled, and shall have all reasonable facilities afforded to satisfy them that the rails are being made in accordance with these specifications. The makers shall furnish them with the carbon determination of each heat and sufficient number of complete analyses to represent the average steel of each day's work before the rails are shipped. These analyses will be checked from time to time by the chemist of the Board. The Inspectors shall reject rails from insufficiently sheared blooms, or from heats the test pieces of which have failed under the drop test, or from badly-poured ingots, or from "chilled" heats, or from "bled" ingots. The rails made from heats, the test pieces or drop tests of which have failed, the rails from badly-poured heats, and rails from insufficiently sheared blooms, may be received as No. 2 rails ; but if made from a "chilled" heat or "bled" ingot, are to be abso- lutely rejected. By a badly-poured heat is meant one which from any cause has been teemed without the control of the operator. A "chilled" heat is one which, by reason of the chilling of the steel, has to be either pricked or poured over the top of the ladle. A "bled" ingot is one from the centre of which (the liquid steel has been permitted to escape. Rails improperly drilled, straightened, chipped or filed, shall be rejected, but may be accepted after being properly finished. No. 2 rails, to the extent of five (5) per cent, of the whole order, will be received. All rails accepted as No. 2 must have the ends painted white, and must be kept separate from the No. i and shipped in separate cars. The requirements of No. 2 rails shall be the same as for No. I, 68 Chap. II. Specifications: Track except that they may be accepted with a flaw in the head not ex- ceeding one-quarter (j4) of an inch deep, and may have been made from an imperfectly-poured ingot or from heats of which the test pieces or drop tests have failed, or they may be "lumpy" rails. All rails must be loaded in the presence of the inspector. Loading Rails. At any time before shipment, the Engineer or his duly author- ized inspector shall have the power to reject any material or finished pieces that, in his judgment, do not comply with the speci- fications, or which in material or workmanship are not first class in every respect. In loading rails or unloading them from the cars, or in hand- ling them at any other time up to and including the actual laying, care must be taken not to bruise them or drop them from a height, or to let them fall upon each other. The rails shall be laid truly to exact line, and so that the distance Gauge between the inside faces on tangents shall be four (4) feet eight of Track - (8) and one-half (y^) inches, and on curves such additional width as the degree of curvature shall require. The rails of the track on curves shall be bent previously to laying by an approved rail bender, to correspond exactly with the curvature of the line. No springing of rails to curve will be permitted. All cutting of rails to close at switches, frogs, or elsewhere, shall be done with a saw. The rail surface must be exactly true longitudinally, and both Rails to ^ e rails of the same track shall be set so that their tops are on the laid true, same level, transversely, except on curves, where the outer rail must be set at a higher elevation than the inner rail, the amount of such super-elevation depending on the degree of curvature and Super-elevation, the location and situation of curves as governing the speed of trains at such point. The amount of such super-elevation for each case will be furnished by the Engineer. Rails shall always be laid with broken joints ; that is, the joints Broken joints in one line of rails are to be opposite the centres of the other line of rails in the same track. Where rails are laid with fished joints, iron shims of thickness shims, depending on the temperature when laying, and as ordered by the Engineer, shall be used ; and while laying, at least the last three (3) consecutive shims must remain in position. The joint used shall be approved by the Engineer. Joint. 69 Chap. II. Specifications: Ducts Laying. Ties. Ballast. Tie Plate. Guard Rails. Timber. Frogs and Switches. Quality. No burr, projection or unevenness will be permitted on the top or on the gauge side of the head. All lining, gauging, levelling, spiking, bolting and other work in connection with the laying of the track, must be done by specially skilled workmen in a manner entirely satisfactory to the Engineer. Bearing blocks or cross ties for the support of the rail, if sucn are used, shall be of sound, white oak, or long leafed yellow pine, made to exact dimensions as prescribed in plans to be furnished. In case ballast is used, said ballast shall be of gravel or hard broken stone not subject to granulation, and such as shall pass through a half ( l / 2 ) inch ring. In laying the ballast it shall be laid to the top of the rail on the outside and on the underside of the rail on the inside. On every tie and in the proper place beneath the rail seat, there must be set a tie-plate having ribs running longitudinally with the cross-tie. Guard rails of approved dimension, and material shall be laid on the inside of both rails on curves. All timber used in connection with the track shall be thoroughly sound and free from sap, shakes, decay or any other defects which, in the judgment of the Engineer, might impair its strength, dura- bility or serviceability for the special uses intended, and after be- ing- dressed to the dimensions required shall be preserved against decay by some process satisfactory to the Engineer. All frogs, switches and other appurtenances of a similar nature, must be of such a design as to give an unbroken or continuous bearing on the main track rails, and all such devices must receive the approval of the Engineer before being laid. All switches, as far as practicable, shall be laid trailing. All angle bars, bolts and nuts, washers, nutlocks, hook bolts, spikes, and other material used in connection with the track, shal! be according to the plans issued by the Board or as may be ap- proved by the Engineer. 17. DUCTS. The ducts to contain cables for transmitting electricity shall be manufactured of the best clay, thoroughly mixed, burnt and vitri- fied, sound in all respects, straight and free from soft spots, stones, cracks or blisters calculated to impair their strength or 70 Chap. II. Specifications: Ducts durability; in lengths of from eighteen (18) to thirty-six (36) Size, inches, in four-way form with circular holes, the least diameter to be three and one-half (3^2) inches. The interior surface of the holes to be smooth and clear of warts, tits, pits or blisters, which may tend to strip the lead coating from the electric cable in pulling the same through the duct. The ends to be cut smooth and at right angles to the axis of the duct and beveled on inside for three-quarters (24) of an inch. The outside walls and webs of ducts to be three-quarters (.^4) of an inch thick; the outside dimensions of ducts to be not less than nine and one-quarter (9%) nor more than ten (10) inches, and constructed square on outer lines. The ends of ducts to be combed with two (2) sets of three (3) combings each, each combing to have a width of one-quarter (*4) of an inch and a depth of one-sixteenth (1/16) of an inch. The inside and outside of ducts to be thoroughly glazed in the Glaze, most approved manner with good salt glaze. All ducts to be subject to inspection, both at the works and on Inspection. delivery along the line of the work. All rejected ducts to be promptly removed by the Contractor at its expense. The ducts shall be laid in beds of cement mortar about one- jjow i^. quarter (%) of an inch in thickness, with broken joints and with full bearing. Two (2) strips of thick muslin six (6) inches wide, and coated with neat cement mortar, shall be used to wrap each joint, the ends of the wrap to lap four (4) inches. In laying the ducts care must be taken to close abutting joints so that practically the ends of ducts shall be in contact on all sides. Where ducts are laid on curves, the wraps must be doubled if required, to pro- tect the openings between the ends of the ducts on the outer line of the duct and to exclude all mortar from duct openings. The ducts shall be laid with a mandril of the length and diame- ter to be prescribed, accurately fitting duct openings. The mandril to be left in each duct until the next succeeding duct is laid. The ducts shall be laid with dowel pins where required. The ducts shall be so laid that the centre of the holes to receive the electric cables shall, for each vertical section of duct, be laid on the same line vertically and horizontally, to an accurate and perfect alignment. After the ducts are laid, and sufficient time is given to allow the j b mortar beds to partially set, they shall be rodded; all mortar or 71 Chap. II. Specifications: Sewers other foreign matter must be cleaned from the duct openings, leav- ing a clear and smooth opening. If obstructions are found in rod- ding the ducts which cannot be removed by cleaners, so as to give a clear and smooth opening of three and one-half (3^) inches in all duct openings, the ducts shall be removed and relaid. At manholes the ducts will be laid to conform to plans. Contract Drawings. General clauses apply. Spurs. Cement mortar. Trenches to be free from water. Sewers and water pipes to be relaid. 1 8. SEWERS. Sewers and appurtenances are to be built of the materials, sizes and dimensions, and on the lines and in the manner shown by Contract Drawings Numbers 2 Bi. to 2 Bn. The general clauses in these specifications relating to excava- tion, both in open trench and tunnel ; backfilling ; cement ; mortar ; masonry; piling; timber work of all kinds; care of streets and public places; maintenance of surface and subsurface structures; protection of persons and property; repaving or restoring of the surface of the street or other public places; responsibility of the Contractor; authority of the Engineer to examine and condemn materials ; and the power of the Board and the Engineer in all or any other respects to enforce this Contract, apply to the construc- tion and reconstruction of sewers, water mains or pavements, un- less specifically amended or exempted below, both along the route occupied by the railway and elsewhere. All necessary bull's eyes or spurs for connection of branch sew- ers, whether of brick or pipe, are to be built in the proposed sewer at the points indicated on the Contract Drawings, and at other points as the Engineer may direct. All the mason work throughout, whether of brick or stone, will be laid in cement mortar, made and laid as described in these speci- fications, except when otherwise ordered in writing by the En- gineer. All the trenches, while the foundations are being laid and the masonry is being constructed, must be kept entirely free from water, and the sides of the excavations must in all cases be strongly and thoroughly sheeted and shored. If it should be found upon excavating, that the proposed sewers, culverts or receiving basins would follow the line or occupy the place of any existing sewer, culvert, drain or water pipe, the Con- tractor shall, if the Engineer so directs, remove such sewer, cul- 72 Chap. II. Specifications: Sewers vert, drain or water pipe and rebuild and relay the same in such place and in such manner as the said Engineer shall direct, and if in the opinion of the Chief Engineer of the Department of Water Supply, it be necessary to temporarily remove and relay any water pipe, the same shall be done by the Contractor or by the said Chief Engineer, and the expense thereof shall be borne by the Contrac- tor ; and all existing sewers, culverts, drains, and house connec- All connections itons intercepted by the proposed sewers, culverts or receiving * basins, shall be connected with the new work by proper curves and grades in such manner as the Engineer shall direct; and all sewers, drains, basins, or culverts rendered unnecessary, or be- coming disused by the construction of the work herein contem- plated, must be filled in and made solid, in the manner directed, with good, wholesome earth. Should postponement or delay be occasioned by the precedence No claims for of paving or other contracts, which. may be either let or executed damages, by the Department of Public Works before or after the execution of this contract, on the line of the work, no claims for damages therefor shall be made or allowed; nor shall any claim for dam- ages be made or allowed in consequence of the street or the ad- joining sewers not being in the condition contemplated by the parties at the time of making the contract, except that if the Con- tractor shall be delayed in the performance of its work by reason of the street or the adjoining sewers not being in such condition, an allowance of time shall be given in the completion of the work equal to the delay so occasioned. The connections with the present sewers are to be made in a. Connections with workmanlike manner. Wherever the proposed sewers connect present sewers, with manholes into which pipes of unsuitable size for such connec- tions have been inserted, the same shall be carefully taken out and new connections made without injuring the manholes. The ends of all sewers, branches and spurs to be securely closed with brick masonry or approved stone-ware covers. The ground shall be excavated in open trenches to the necessary size of trenches, width and depth, or as directed by the Engineer. The trenches for sewers in streets other than the route of the railroad, shall be one (i) foot wider on each side than the sewers intended to be laid in them, at the point of the greatest external diameter, and the bottom of the trenches shall be excavated to the exact form and size of the lower half of the sewers, or as the 73 Chap. 1 1. Specifications: Sewers No tunnelling. Sides to be supported. Irregularities to be filled. Foundation timbers. Portland cement. Material excavated. Contract Drawings call for, unless otherwise ordered by the En- gineer. No tunnelling will be allowed except by special consent of the Board and according to the method approved by the Engineer. The sides of the excavation shall be supported by suitable plank- ing and shoring wherever necessary ; and in all cases the same are to be drawn as the work progresses, unless otherwise ordered. All irregularities in the bottom of the trenches shall be filled up to the required level with gravel or clean sand, firmly rammed in ; and where the ground does not afford a sufficiently solid foun- dation the Contractor shall excavate the trench to such increased depth as the Engineer may decide to be necessary, and shall then bring it up to the required level and form with such material and in such manner as the Engineer shall determine. Foundation timber and plank of good pine, spruce or hemlock shall be furnished and laid, where required, as may be decided in each case by the Engineer or as shown on the plan^f the work. All timber shall be sound and free from sap, without cracks or shakes, and squared to the dimensions required throughout the entire length. The timber and plank shall be secured to each other or to the piles with good seasoned oak or locust tree-nails, or, if the Engi- neer so elect, spiked with the best quality of wrought-iron nails or spikes of such size and length and at such points and numbers as may be designated by the Engineer. Bolts will be used as re- quired by the plans and as thereon shown. All brickwork and concrete below mean high water, and in all wet bottoms, shall be laid in Portland cement mortar. The material excavated from the trenches in streets other than the route of the railway, for the first one hundred (100) feet in length, shall be carted away by the Contractor as soon as exca- vated, and the material subsequently excavated shall be used to fill in the trench where the sewer has been built. This is done so as to insure that there shall be no surplus material lying on the line of the street at any time during the construction of said sewer. Any extra material required for filling at the completion of the work shall be procured by the Contractor, and at all times the streets and sidewalks shall be kept open and free for the passage of carts, wagons, carriages and street cars, or pedestrians, unless when otherwise authorized by special permission of the Board. 74 Chap. II. Specifications: Sewers No more than two hundred (200) feet of trench off the line Length of of the railroad shall be opened at any one time in advance of the complete building of the sewer, unless by permission of the Board, and for the distance therein specified. On the completion of each section of one hundred (100) feet Repaying. of sewer the regrading and repaying over the same shall be done and completed, and all surplus earth, sand and rubbish on that section shall be immediately removed. When running sand, quicksand, or bad or treacherous ground Quicksand, is encountered, the work shall be carried on with the utmost vigor, and shall be proceeded with day and night should the Board so require. The Contractor shall provide for the flow of all sewers, drains Flow of sewers and water-courses interrupted during the progress of the work, to be mamtamed - and shall restore and make good all connections, and shall imme- diately cart away and remove all offensive matter, in such manner and with such precautions as may be directed by the Engineer. All temporary house connections shall be made by closed iron pipes, with suitable provision for preventing leakage at joints. Open wooden troughs for such connections will not be permitted. All excavations for culverts and receiving basins in earth are subject to these specifications for trenches. When rock is to be excavated, it shall be fully taken out twenty R oc k excavation. (20) feet in advance of the laying of the sewer, and six (6) inches below the grade of the outer bottom of the sewer, and, except when concrete or cement is used under the sewer, the trench then filled up to the level of that grade with clean, sharp sand, thoroughly rammed and made solid. The trench at the point of the sewer's greatest external diameter shall be one (i) foot wider on each side than the sewer intended to be laid in it, pro- vided that the trench shall in no case be of less width than four (4) feet six (6) inches, and the sides shall be vertical. After the sewer with its required foundations is laid or built, Backfilling the trench shall be backfilled, and the filling carefully packed and rammed under and around the sewer by trusty persons with proper tools. No braces used for support shall rest directly on the sewer. The refilling of the trenches shall be done in layers not exceeding four (4) inches thick in the loose, and the earth used is not to be dumped in piles, but is to be spread evenly at that thickness, and then compressed by iron tampers. The num- 75 Chap. II. Specifications: Sewers Backfilling around pipe sewers. Surplus material removed. Bricks. How laid. her of men using tamping irons shall be in the proportion of four (4) tampers to one (i) shoveller. If directed by the Engineer the falling shall be flushed with water before tamping. No stone over three (3) inches in diameter will be allowed in refilling. No retaining walls for the refilling will be allowed in the trenches over the sewers, whether for temporary use or otherwise. The refilling in all cases shall be of good, clean earth, sand or gravel, free from stones above three (3) inches in diameter, and not containing in any part or place a proportion of stones below that size exceeding one (i) part of stone to three (3) parts of earth. For a height of at least one and one-half (i^) feet above the top of all pipe sewers the material shall be entirely free from stones. Where pipe sewers are used special precaution will be required. The earth must be carefully laid in so as not to disturb them, and tamped and solidly rammed down, under and around the pipes, with proper tools made for this purpose. The trench shall then be filled by layers, as above described, and the first layers to a point at least nine (9) inches above the top of the pipe shall be carefully thrown in with shovels, and not from barrows or carts. In all cases of rock excavation clean, wholesome earth must be provided and refilled in the manner above described for a height of at least fifteen (15) inches above the top of the pipe. As the trenches are filled in and the work completed, the Con- tractor shall cart away or remove all surplus earth, stone and other material from the ground, or to such places on the line of the work as the Engineer shall direct, and leave all roads and places free, clear and in good order ; and in case this is neglected, it will be allowed only twenty- four (24) hours to remove the same, after a written notice of its failure or neglect. In the construction of brick masonry, none but the best quality of whole North River bricks, burned hard entirely through, will be used ; they shall be equal to the sample to be seen in the office of the Engineer of the Department of Sewers and are to be culled as they are brought on the ground, and all bats and all bricks of improper quality are to be immediately removed from the work. Bats are to be used only in manholes and closures. The bricks are to be thoroughly wet by immersion immediately before laying. Every brick is required to be laid in a full joint of mortar, made as described in these specifications, on its beds, ends ' 7 6 Chap. II. Specifications: Sewers and sides, at one operation. In no case is mortar to be slushed or grouted in afterward. The bricks are to be neatly and truly laid, every second course by line, and the joints to be carefully struck on the inside, and the sewer is to be coated on the outside with Natural cement mortar one (i) inch in thickness, mixed in the proportion of one (i) portion of cement to one (i) portion of sand. All brick work, as it progresses, must be racked back in courses, and in no case will it be allowed to be toothed, unless by special permission in writing from the Engineer. All inverts, or bottom curves, are to be worked from profiles i nve rts. accurately made according to the dimensions of the sewer, and correctly set according to the grades furnished. The same shall be allowed to set for twenty- four (24) hours before the arch is turned. Vitrified stoneware inverts or vitrified bricks shall be used when required by the plan of the work, and whenever so used they must be thoroughly jointed so as to be water-tight along the inner surface of the sewer, in such manner as the Engineer shall direct; and when required by the Engineer the internal space of the invert blocks is to be solidly filled with concrete made as de- scribed in these specifications and well rammed in as each invert block is laid. The upper curves of arches are to be formed on strong centres Arches, of correct form and dimensions, according to the sizes and shapes required. The crown is to be keyed up with stretchers, in full joints of mortar. The centres shall not be removed or withdrawn in less than thirty-six (36) hours, and until the work is thor- oughly set and the filling of earth is properly put into place to a depth which is at least one ( i ) foot above the crown of the arch. The centres shall then be drawn or struck with care, so as not to- crack or injure the work. All fresh work must be carefully protected from injury in any Fresh work to way. No wheeling or walking on it will be allowed, and any por- " 3e protected, tion injured must be relaid by the Contractor. Unless otherwise permitted, vitrified sewer pipes or spurs, with House spurs, heels moulded thereon for house connections, and equal in every respect to those described in these specifications, and of not less than six (6) inches interior diameter, and of sufficient length to project at least four (4) inches beyond their exterior, are to be worked into the walls of brick or pipe sewers at an angle of about 77 Chap. II, Specifications: Sewers Iron spurs. Lead joints. Mortar. forty-five (45) degrees, and in the direction of the flow of the current. They are to be built in wherever similar house connec- tions exist in the present sewer which is to be reconstructed under this contract, the distance not to be more than twenty-five (25) feet between spurs. In the case of the construction of new sew- ers where no sewers existed previously, except sewers under pub- lic parks or crossing intersecting streets, they are to be built in opposite each house, and where there are no houses, at an average distance apart of twelve (12) feet on each side of the sewer; they are to be so set that their inner ends will be flush with the inner face of the sewer, which end must be moulded or trimmed to the same curve. They are to be set at such height in the walls as the Engineer may direct, and each pipe or spur is to be closed out- side by inserting an earthenware cover made for the purpose. On deep sewers and in alterations and improvements of old sewers, six (6) inch iron spur-pipe for house connections is to be connected with the new sewer in the manner directed by the Engi- neer as work progresses, with the necessary bends and caps, and all pipe or fixtures shown on the plan of work shall be furnished and laid by the Contractor. The pipe is to be six (6) inch iron pipe of the quality known as extra heavy soil pipe, weighing not less than twenty (20) Ibs. per linear foot, and, including all the fixtures, is to be thoroughly coated with coal tar according to the requirements of the Board. Samples of the connection pieces and other fixtures are to be approved by the Engineer before any of them are used in the work. The iron pipes are to be put together with leaded joints and carefully laid to the grades furnished by the Engineer. The lay- ing of the pipes and the packing, leading and caulking of the joints are to be done in accordance with the specifications for the laying of water mains. All pipe branches for lateral sewers are to be similarly fur- nished and built in where required. All mortar is to be composed of one (i) part of cement and two (2) parts of clean, sharp sand, entirely free from loam. It is to be carefully and thoroughly mixed dry, and a sufficient quan- tity of water is to be afterwards added to make it of proper con- sistency. No mortar .of improper quality will be allowed to be used in the work. Chap. II. Specifications: Sewers All cement furnished by the Contractor will be subject to in- spection and test before it is used. Portland cement shall conform to the requirements for Port- Portland cement, land cement as described under the head of cement. Natural cement, as per standard of the Department of Sewers, Natural cement. New York City, shall be capable of resisting a tensile strain of seventy-five (75) Ibs. after thirty (30) minutes exposure in air and twenty-four (24) hours immersion in water. When necessary, in the opinion of the Engineer, cement alone, without any admixture of sand, will be used. All mason work done between the first iday of December and Portland cement the first day of April shall be laid in Portland cement, mixed as follows: One (i) part of cement to two (2) parts of clean, sharp sand, to be first thoroughly mixed dry, and then sufficient water, to which has been added salt in the proportion of one ( I ) pint of salt to one (i) part of cement and two (2) parts of sand, mixed to proper consistency. Where concrete is required it shall be composed of one ( i ) part Concrete. of cement, and two (2) parts of sand, mixed into mortar as specified above, except that in mixing mortar for concrete less water shall be used than in mixing mortar for brickwork, and five (5) parts of gravel or clean, broken stone, free from dust or dirt, and broken so as to pass in every way through a one (i ) inch ring. It shall be quickly and thoroughly mixed in a box made for that purpose, and deposited in layers of not less than four (4) nor more than nine (9) inches in thickness, and must be settled into its place by ramming sufficiently to flush the mortar to the surface. When in place, all wheeling,' working or walking on or over it must be prevented until it is sufficiently set. All gravel and broken stone that is dusty or dirty will be re- quired to be thoroughly screened and washed before it can be used ; and such piles or heaps as have any admixture of dirt, or stones above the size specified, will be wholly rejected when de- livered upon the work. Where required, vitrified salt-glazed stoneware, sewer and drain Sewer pipes, pipes shall be furnished and laid down, of the sizes and in the manner shown on the plan of the work herein specified. All pipes of whatever kind shall be made of the best material, Quality, thoroughly and perfectly burned, without warps, cracks or im- perfections, and shall be well and smoothly salt glazed in the best 79 Thickness. Chap. II. Specifications: Sewers manner over their entire inner and outer surfaces ; and they shall be of equal quality in every respect to the samples exhibited at the pipe yards of the Department of Sewers, and subject to all tests ordered by the Engineer, at any time previous to their being used. The pipes shall be designated by their interior diameters. Each pipe shall be a true cylinder, and shall have in every part an in- ternal area equal to the full area due to its diameter. The inner and outer surface of each pipe shall be concentric. All straight pipes must be straight in the direction of the axis of the cylinder. All pipes shall be of even thickness throughout: 6-in. pipes to be not less than y% in. thick. 8-in " " " " y 4 " ic-in " " " " % " 12-in. " " ' " i i5-in. " " " " iy 4 " Length. Collars. Curved pipe. 20-m. iy 3 " Each straight pipe, having no branch or connection, shall in no case be less than two (2) feet and six (6) inches in length. Each pipe having an opening moulded into it for the house connection, or a branch of any size or kind, shall not be less than two (2) nor more than three (3) feet in length. Each pipe of whatsoever kind must be fitted with a sleeve or collar of the same character, cylindricity, and thickness and not less than five (5) inches in width. Each collar must have an internal diameter of not less than one-half (3^) nor more than one and one-half (1^2) inches greater than the external diameter of the pipe to which it is to be fitted. When required, curved pipe shall be furnished and laid, curved to such a radius with the axis of the pipe as may be shown on the plan of the work. No curved pipe shall exceed three (3) feet in length. The spurs are to be closed with approved vitrified stoneware covers. Bends, siphons and special pipes shall, if required, be furnished and laid of the sizes and forms shown on plan of the work. In case the Commissioner of Public Works shall elect to use hub 80 Chap. II. Specifications: Seicers and spigot pipes they shall be furnished in all cases similar and Hub and equal in size, quality and kind to those above described. The hub shall have a depth of at least three (3) inches from its face to the shoulder of the pipe on which it is moulded, and shall have an interior diameter not less than one (i) nor more than two (2) inches greater than the exterior diameter of the pipe which is to be fitted into it. All pipes are to be excavated for and laid true in line and T O b e i a id true, gradient between manholes according to the lines and grades fur- nished from time to time, and bedded in concrete according to plan. The ends of the pipes shall abut against each other, and in such manner that there shall be no shoulder or unevenness of any kind along the bottom half of the sewer on the insjde. Before putting in concrete, side pieces of plank are to be placed Concrete bed. on each side of the pipe, giving the full width required as per sec- tion. The concrete is then to be put in layers, the first being five (5) inches in thickness, to the full width, and thoroughly tamped. After the concrete is set, and before the laying of the pipe is commenced, additional planks shall be used to bring it up to the height required. The plank shall not be removed, but shall be left in. Not less than sixty (60) feet of concrete bottom shall be laid at one time, and is to be tamped to mortar surface. The space between bands to be filled with concrete made with small stones or screened gravel, even with inner surface of bands. The pipe is then to be bedded, and the remainder of the concrete, as per section, put in place, and shall be exposed twenty-four (24) hours for inspection, as required for the bottom course. Each joint, as the pipes are laid, is to be fitted with a collar or Joints, how made, ring, which shall lap equally the ends of such abutting pipe ; the lower half of the said collars shall in all cases be whole and un- broken, and the upper half shall not be in more than two (2) pieces. The space between the ring and the pipes is to be as uniform as possible, and to be thoroughly filled with the best hydraulic cement mortar, made in small quantities, of equal parts of cement and clean, sharp sand, thoroughly mixed dry, and water enough afterwards added to give it proper consistency, and used as soon as made. The joints shall be carefully wiped and pointed inside and out, and all mortar that may be left inside to be thoroughly cleaned out ; and the pipe left clean and smooth throughout. When required strips of pine or spruce plank shall be furnished, six (6) 81 Chap. II. Specifications: Sewers To be fitted dry. No walking on pipes. Pipes to be cleaned. Protected from blasts. Inspectors. Sewers under station platforms. inches wide, one and one-half (1^2) inches thick and two (2) feet long, and laid transversely with the trench, or on either side of the joint, and the pipe to rest thereon. When the pipes are in place, earth shall be filled in as provided in these specifications. Every third pipe shall be filled around so as to prevent the moving of the joints. All pipes, previous to their being lowered into the trench, shall be fitted together dry on the surface and matched, so that when jointed in the trench they may form a true and smooth line of tubes, and in no case shall they be lowered into the trench until the same is done. All branch pipe, connections and pipe of whatever kind, shall be excavated for, fitted and laid as above described. When hub and spigot pipe are used, they shall be laid, fitted and jointed evenly and smoothly, in the same manner as described above. No walking on or working over the pipes after they are laid (except as may be necessary in tamping the earth and refilling) will be allowed until there is at least thirty (30) inches of earth over them. The interior of the pipe shall be carefully freed from all dirt, cement and superfluous material of every description as the work proceeds, for which purpose a disk mould or plate attached to a rod sufficiently long to pass two (2) joints from the end of the pipe last laid, shall be continuously worked through. The mouth of the pipe shall be carefully protected from all blasts, and the excavations shall in all cases be fully completed at least twenty (20) feet in advance of the laying of the pipe. In all cases the mouth of the pipe shall be provided with a board or other stopper, carefully fitted to the pipe, to prevent all earth and other substance from washing in. When the trench is properly prepared, and before laying the sewer, the Contractor must notify the Engineer, who will there- upon direct an assistant inspector to be present on the work when sewers are to be laid ; and it is further expressly understood that at no other time will such laying be proceeded with. Under station platforms, and at such other points along the route of the railway where the presence of pipes and other sub- surface structures would prevent- free access to the sewer for the purpose of repairs, the sewer shall be made of iron pipe of the quality called for in these specifications for waterpipe, and made Chap. II. Specifications: Sewers with lead joints in a manner similar to that specified for the laying of water pipes. Brick manholes shall be built at such points on the line of the Manholes on pipe sewers, of the form, thickness and in the manner shown on plpe sewers - the Contract Drawings of such work. The brick work shall be carried up to within twelve (12) inches of the arch of the estab- lished grade of the street at that point, and true to templets cor- rectly made and set at top and bottom, whence not less than eight (8) lines are to be drawn. The work in all respects shall be of the quality described in these specifications, with the joints neatly struck and pointed on the inside. The foundations of these manholes will be of concrete, com- mencing not less than twelve (12) inches below the lines of the inner bottom of the sewer at that point. Sewer pipes are to be built in and trimmed, when necessary, so as to be flush with the inner face of the manhole, and an arch turned over the same on a dry sand joint. Galvanized wrought iron rods of good quality, of the size, Ladder steps, length and shape required for steps, are to be built in where shown on the said Contract Drawings. Hammer-wrought bluestone is to be furnished and laid, as shown on the Contract Drawings. A cast-iron manhole head and perforated cover, free from im- Manhole covers. perfections, and thoroughly cleaned, and in dimensions, quality of iron and all other respects similar to the pattern adopted by the Commissioner of Public Works, and now exhibited at his office, are to be fitted to each of the above-described manholes. Each manhole head and each cover is to have such certain marks or numbers cast on it as the Commissioner of Public Works shall designate, and also have its weight marked distinctly upon it with oil paint. For street manholes no head shall be used that shall weigh Weight of less than four hundred and seventy-five (475) pounds, nor mote covers, than five hundred (500) pounds, nor cover that shall weigh less than one hundred and thirty-five (135) pounds, nor more than one hundred and fifty (150) pounds. For sidewalk manholes, the heads shall not weigh not less than three hundred (300), nor more than three hundred and ten (310), pounds; and the covers not less than one hundred (100), nor more than one hundred and ten (no), pounds. When the pavement of street is asphalt, the manhole head shall be fitted with noiseless covers. 83 Chap. II. Specifications: Sezvers Manholes on brick sewers. Change of loca- tion of receiving basins. Basins, how made. Brick manholes shall be worked in the arch of the brick sewers, at such points in the line of the sewer as the Board may direct, of the size, form, thickness and in the manner shown on the Contract Drawings, and brought up to within twelve (12) inches of the arch of the established grade of the street at that point. The work in all respects is to be of the quality above described for manholes or pipe sewers. The manholes are to be fitted with wrought-iron rods for steps, and cast-iron manhole heads and covers, as above described. The above described manholes, whether in brick or pipe sewers, are in all cases to be fully and completely built, and fitted with their covers, as the work progresses, and as each is reached ; and the sewers will not be allowed to be laid beyond or in advance of any uncompleted manhole. Whenever it becomes necessary to reconstruct or to change the location of receiving basins, the same are to be built in ac- cordance with the plans to be furnished by the Board. Each portion of the basin shall be built of the size and materials desig- nated on said drawing or model ; and all of the brickwork is to be plastered thoroughly inside and outside with cement mortar, mixed in the proportion of one (i) part of cement to one (i) part of clean, sharp sand, and carefully made as described in these specifications. Each basin is to have a gutter stone and a head stone, sound and perfect throughout, free from all seams and imperfections, with bluestone curb and gutter stones adjoining, all cut in accordance with the said drawings or patterns, and the head-stone is to be fitted with a cast-iron cover of the best quality, weighing not less than eighty (80) nor more than ninety-five (95) pounds, of the size and shape shown in such drawings or patterns, and also a cast-iron grate bar, made according to draw- ing, fastened solidly into the said head-stone, in the manner shown. The said gutter stone and head-stone must be finely hammer-dressed and similar to the sample at the pipe yard of the Department of Sewers, unless otherwise ordered by the Board. A design for an iron hood or trap will be furnished by said De- partment of the size and dimensions shown on said drawing or model, and is to be built in the basin in the manner therein shown. The whole is to be built and laid in cement mortar, as described in these specifications, and the joints carefully struck on the inside. The stone forming the bottom of the basin to be in all cases Chap. II. Specifications: Sewers of the thickness as shown on the section, and in not more than than two (2) pieces. All culverts for the connection of receiving basins with the Culverts, sewers are to be of twelve (12) inch vitrified stoneware drain pipe, of the kind and quality previously described, and laid, and the trench refilled in the manner described, and shall be con- nected with the sewers at an angle of forty-five (45) degrees, and in a thorough and workmanlike manner; and when connected with the sewers, the culvert pipe shall not project inside the said sewers, but be trimmed flush with the curve and lines of the inner face thereof. In case the line of the sewers shall intersect any culverts now built, so much of said culverts as may, in the opinion of the Engineer, be necessary, shall be taken up and rebuilt or relaid with vitrified stoneware drain pipe or brick, as the case may be, in the manner described above,- and reconnected by straight line and gradient to said sewers. The Commissioner of Public Works shall have the right to Right to connect connect any sewer or sewers with the sewers to be built under this other sewers, contract, or to grant permits to any person or persons to make connections therewith, at any time before it is finally completed; and said Contractor shall not interfere with or place obstructions in the way of such persons as may be employed in building such new sewer or sewers, or in making such connections. No extra allowance will be made to the said Contractor on account thereof. All the curb, gutter, flagging, paving and macadam stones nee- Disposition of essary to be removed, together with all rock, earth or sand taken F from the trenches, shall be placed in such parts of the carriage way, or the vicinity thereof, as the Engineer in charge of the work shall direct, or shall be removed as provided in these specifi- cations; and in all cases a passageway on the sidewalks, of not less than three (3) feet in width, shall be preserved free from all obstruction, and the Contractor will be required to preserve from needless obstruction the carriageway on one side of tht line of the proposed work. If during the progress of the work it is deemed advisable, the Concrete sewers. Contractor may, in place of building sewers in brick work as described above, build the same in concrete, the concrete to be composed of Portland cement concrete in the proportion of one (i) portion of cement, two and one-half (2^) portions of sand and four (4) portions of stone, all according to the standard re- 85 Chap. II. Specifications: Water Mains quirements for concrete. Forms of wood with the outside care- fully smoothed shall be made according to exact dimensions. No sewer smaller than three (3) feet in height by two (2) feet in width in the- clear shall be made in concrete. Sewers to During the progress of the work and until the entire completion be clean. . . tnereoi, all sewers, drams, basins, culverts and connections, are to be kept thoroughly clean throughout and left clean, and the drainage now passing through the old sewers to be taken up, shall be provided for. If during the progress of the work it is found in the opinion of the Engineer, reasonably impossible to construct according to the Contract Drawings any sewers, manholes, or other appurte- nances, owing to the presence of unknown subsurface structures or other contingencies, the Contractor shall construct such sewers, manholes or appurtenances in the location given by and according to the directions of the Engineer. 19. WATER MAINS. Whenever it is necessary to relay any water main, all new material required for the same shall be of the quality and laid in the manner specified below, and subject to the various clauses of these specifications applicable thereto. Pipes to be The pipes shall be circular cylinders, with the inner and outer cylinders. surfaces concentric, and of the full interior diameter required. Hubs and The hub or socket and the spigot end shall be shaped in exact conformity with the standards of the Department of Water Sup- ply, to be furnished by the Board, and will be tested by circular gauges. The seat or shoulder of the socket and the end of the spigot must be straight and even, so as to make a smooth joint. Special care will be required in making the sockets and spigots to con- form to the drawings, and all pipes will be particularly tested at these points. No pipe will be received whose eccentricity at the spigot and socket ends, or either, exceeds one-eighth (y&) of an inch. The pipes shall be designated by dimensions of the interior diameter. Bands, buttons, or ribs shall, if required, be cast on pipes, of such forms and dimensions as the Engineer may direct. ' 86 Chap. II. Specifications: Water Mains The straight pipe shall be twelve (12) feet long, exclusive of Length of hub; all others as may be directed. pipes. All the pipes shall be straight in the direction of the a-xis of the cylinder. The thickness of the pipes, branches and special castings shall Thickness correspond with the standards of the Department of Water Sup- ply. The weight shall be approximately as follows : 48-inch pipes, 8,250 pounds each. 4O-inch pipes, 5,800 pounds each. 36-inch pipes, 4,860 pounds each. 3O-inch pipes, 4,000 pounds each. 24-inch pipes, 3,000 pounds each. 2o-inch pipes, 2,250 pounds each. 1 6-inch pipes, 1,650 pounds each. 12-inch pipes, 1,000 pounds each. 6-inch pipes, 430 pounds each. The thickness of the metal of the pipes and special castings will be tested by calipers after the castings have been freed from sand and cleaned. No pipe will be received when the thickness of metal is less Variations in thickness by more than than one-twelfth (1/12) of an inch than the thick- ness required by the standards. No pipe or casting will be received which weighs less than the weights above mentioned by more than two and a half (2^2) per cent, of said weights. All straight pipes shall be cast vertically, with the hub end down. All the castings shall be made in such moulding-sand or loam as will leave the surface clean and smooth. , All the castings shall have the year in which they are cast, the Castings, how running number of the castings of the same size and form, the marked, letters D. W. S., and the initials or name of the Contractor, and of the foundry where cast, cast on the outer side in raised letters of not less than two (2) inches in length and one-eighth (y&} of an inch in relief, in such manner as the Engineer may designate ; and, in case any pipe shall be condemned, the letters D. W. S. shall be erased by the Contractor. The metal of which the castings are to be cast (which must be Quality of remelted in a cupola or air-furnace) shall be pig-iron, made with- cast-iron- out any admixture of cinder-iron, or other inferior metal, and 87 Castings to be clean. Pipes to be coated. Pitch. Chap. II. Specifications: Water Mains shall be of such character as to make a pipe strong, tough and of an even grain, entirely free from uncombined carbon when seen under the microscope, and such as will bear, satisfactorily, drilling and cutting, and shall have a tensile strength of at least sixteen thousand ( 16,000) pounds to the square inch. The castings shall be free from scoria, sand holes, air bubbles and other defects and imperfections. The castings shall be perfectly cleaned and no lumps shall be left on the inner surface of the barrels or sockets, or on the outer surface of the spigot end. All castings being perfectly cleaned, according to the specifica- tions and the directions of the Engineer, shall be subjected to a careful and thorough hammer inspection. Every casting must be thoroughly dressed and made clean and free from earth, sand and dust, which adheres to the iron in the molds. Iron-wire brushes must be used, as well as softer brushes, to remove the loose dust. No acid or other liquid shall be used in cleaning the castings. Every pipe, branch and special casting shall be carefully coated inside and out with coal pitch and oil. Every casting, must like- wise be entirely free from rust when the coating is applied. If the casting cannot be dipped immediately after being cleaned, the surface must be oiled with linseed oil, to preserve it until it is ready to be dipped ; no casting to be dipped after rust has set in. The coal-tar pitch is to be made from coal-tar distilled until the naphtha is entirely removed and the material deodorized with a mixture of five (5) or six (6) per cent, of linseed oil. Pitch, which becomes hard and brittle when cold, will not answer for this use. Pitch of the proper quality having been obtained, it must be carefully heated in a suitable vessel to a temperature of three hun- dred (300) degrees Fahrenheit, and must be maintained at not less than this temperature during the time of dipping. The ma- terial will thicken and deteriorate after a number of pipes have been dipped ; fresh pitch must, therefore, be frequently added, and occasionally the vessel must be entirely emptied of its old contents and refilled with fresh pitch. Every casting must attain a temperature of three hundred (300) degrees Fahrenheit, before being removed from the vessel of hot pitch. It may then be slowly removed and laid on skids to drip. No casting shall be dipped until the authorized inspector has ex- 88 Chap. II. Specifications: Water Mains amined it as to cleaning and rust, and subjected it thoroughly to the hammer test. It may then.be dipped, after which it will be passed to the hydraulic press to meet the required water test. The proper coating must be tough and tenacious when cold on the pipes, and not brittle or with any tendency to scale off. The castings must be capable of sustaining a pressure, in the Tests, hydraulic press of three hundred (300) pounds to a square inch, and any casting which shows any defect, by leaking, sweating or otherwise, will be rejected. This test will be made at the foundry, and at the expense of the Contractor. The casting will be weighed, and the weight distinctly marked on the casting in white paint. The Contractor will provide at the foundry where the pipes and castings are to be manufactured proper sealed scales and weights for weighing the castings, which will be done at the expense of the Contractor, under the super- vision of the inspector. Each pipe over six (6) inches inside diameter, unless otherwise ordered, shall be placed on two (2) blocks and four (4) wedges of hemlock timber, the wedges to rest on the blocks and the pipe on the wedges. The blocks and wedges shall be of sound hemlock timber. Forty-eight (48), forty (40), thirty-six (36) and thirty (30) inch pipe shall be laid on blocks four (4) feet long, twelve (12) inches wide and six (6) inches thick, with wedges eighteen (18) inches long, six (6) inches wide, four (4) inches thick on one end and one-half (^) inch thick on the other. Twenty-four (24), twenty (20) and twelve (12) inch pipe shall be laid on blocks two (2) feet long, eight (8) inches wide and four (4) inches thick, with wedges twelve (12) inches long, four (4) inches wide, three (3) inches thick on one end and one-half (J^) inch thick on the other. The spigot end of the pipe shall be inserted into the hub to j i nts> within from one-fourth (^4) to one-eighth (^$) of an inch of the full depth of the hub, and the space around the pipe shall be equal- ized so as to give as nearly as possible an equal space for the packing. The space between the pipe and hub shall be packed with clean, sound hemp packing yarn, free from tar, far enough to leave the proper space for lead. The remaining space shall then be filled by running it full of lead to a depth of four (4) inches, with a bead outside of the face of the hub large enough to allow for caulking, so that when the joint is properly caulked the lead will be flush with the hub of the pipe. After the joint shall have been 89 Chap. II. Specifications: Paving Lead. Notice of interruption to be given. run with lead, it shall be caulked by means of proper tools, so as to make a water-tight joint. The lead to be used shall be of the best quality of pure, soft lead, and in every respect suitable for the purpose. In case it becomes necessary to cut any connection with any other main, house or hydrant, or in any way to interfere with the continuous and normal flow of water, due notice shall be sent at least forty-eight (48) hours in advance to the Engineer and to the Commissioner of Water Supply, and the Contractor shall, if so ordered, make a temporary by-pass or other arrangement to pre- serve the flow of water while breaking connections. All connections cut, interfered with or injured shall be restored under the directions of the Engineer and without delay to a suita- ble condition as good as existed before commencing work. Stop cocks, boxes, branches, curved pipe, and other specials according to the standards of the Department of Water Supply, shall be set where necessary. Pavement to be restored. Other pavement may be laid. 20. PAVING As soon as the work in any open excavation or trench made under this contract shall have been completed, the trench back- filled and the backfilling thoroughly rammed in place and com pacted, as provided under the clauses relating to backfilling, and after the earth shall have, in the opinion of the Engineer, become sufficiently settled, the Contractor shall proceed to restore the sur- face to a condition similar to, and equally good as that existing previous to the commencement of construction. Nothing contained in these specifications shall be understood or construed as prohibiting the Contractor from making any arrange- ment with the President of the Borough, or any other officer of The City of New York as may be in charge of street paving, to lay a better or other form of street pavement ; or to make an arrang- ment with any property owner to lay another style of sidewalk in front of such premises in place of the pavement or sidewalk taken up ; in which case the Contractor is to file with the Board a copy of its contract with such municipal officer or with such property owner, duly acknowledged in writing by both parties. In case the municipal officer in charge of street paving, or any property owner, desires to lay a pavement in any street, or a sidewalk along any 90 Chap. II. Specifications: Subsurface Structures street, affected by this contract, different from the one removed, and shall notify the Board in writing that he has failed to make satisfactory arrangements for such work with the Contractor, then the Board in its discretion may direct the Contractor to finish and dress off the filling over its work to such grade as the Engineer may select, and further direct it to remove from the street all stones of whatever nature not required to be relaid, and to permit another contractor to lay such pavement or sidewalk; in which case the liability of the Contractor under this contract shall cease as far as that part of its work is concerned, whenever the Engineer shall report to the Board that the instructions of the Board have been complied with, exactly the same as if the Contractor had fully completed the repaving as hereinbefore provided. The Engineer shall then report to the Board the number of square yards of pave- ment thus disturbed but not relaid, and the Board will deduct from the amount named in this contract as the price to be paid to the Contractor such sum as the Engineer shall certify as the fair value of the expense of restoring the previous pavement. 21. MAINTENANCE OF STREET RAILROAD TRACKS, MAINS AND OTHER SURFACE OR SUBSURFACE STRUCTURES The Contractor shall at all times, by suitable bridging or other Surface and sub- supports, maintain and support in an entirely safe condition for f ur f ac e structures . . to be maintained, their usual service and to the reasonable satisfaction of the owners, all elevated railroad structures, street tramways of whatever char- acter, water and gas mains, steam pipes, pneumatic tubes, electric subways, sewers, drains and all other surface or subsurface struc- tures encountered during the progress of the work. The side- walks, curbs, areas and stoops along the line of the work must also be protected from any injury; but should any injury occur to any sidewalk, curb, area or stoop, the Contractor shall fully restore the same to as good a condition as existed before the injury was done. Notice is to be given by the Contractor to all companies and the Notice to proper city officials, owning or having charge of surface or sub- g lven - surface structures along any part of the work, of its intention to commence operations along such part of the route, at least one (i) week in advance, and the Contractor shall file with the Engineer 91 Chap. II. Specifications: Stations Owners of structures may do work. Reasonable dispatch. Facilities to be given to make extensions. Permits. at the same time a copy of said notice ; and it shall co-operate with the proper officers or officials in charge of such structures and shall furnish them with all reasonable facilities to inspect the methods of caring for their property. Whenever it becomes necessary to cut, move, change, or recon- struct any such structures as named above, or connections there- with, such work shall be done according to the reasonable satisfac- tion of the owners of such pipes or other structures, and should they so desire by the owners themselves, at the expense of the Contractor; such expense not to exceed the actual cost of labor and materials used, together with a reasonable allowance for the use of plant and tools not exceeding seven and a half (7^) per cent. All work of reconstruction or alteration if performed by the City or owners shall be done with reasonable dispatch, and facili- ties are to be provided so that said work will interfere as little as possible with the practical working and use of such structures. Failure to make such alterations within a reasonable time as shall be adjudged by the Board, may be considered by the Contractor as a waiver on the part of said City or owners of the right to do said work. In the event of the companies or the City being required to make any alteration to their structures as above provided, or in case they shall consider it necessary or desirable to make any further altera- tions in, or do any work to or in connection with surface or sub- surface structures owned by them or it, at the time the work under this contract is in progress, the Contractor shall give said com- panies or the City all reasonable opportunity to perform such work; provided such work or alteration for the benefit solely of the owners of subsurface structures does not cause the Contractor any serious loss or delay, as shall be determined by tjje Board. No work shall be begun until the Board shall issue to the Con- tractor a permit authorizing it to proceed. Such permits are to be in such form and to cover such sections of the work as the Board shall Drescribe. Rector Street station. 22. STATIONS Contract Drawings Nos. 2 Ci, 2 C2, 2 C3 and 2 C4 indicate the general plan and outline and the chief decorative features of the station at Rector Street and Broadway. As soon as possible 92 Chap. II. Specifications: Stations after the letting of the contract, the Engineer will furnish to the Contractor full detail plans of the station at Rector street, and similar detail plans of the other stations on both the Manhattan and Brooklyn lines. Said plans will vary in detail from the plans as shown on Contract Drawings Nos. 2 Ci, 2 C2, 2 C3 and 2 C4 in accordance with the local requirements of the other stations. In a similar manner the decorative features of the other stations will Other stations. be altered so as to produce a variety in design. Said details and decorative features, however, will be in general harmony with and substantially similar as far as possible to the general details of the station at Rector street. The roof of the stations, where under the sidewalks, shall, to Vault lights, as great an extent as possible, consist of what is known as vault lights. These lights shall be made with lenses not exceeding three (3) inches in diameter, of strong glass set in cement, all of design approved by the Engineer; and shall be of sufficient strength to carry, when supported in a manner similar to that in which they are to be permanently set, an equally distributed load of at least five hundred (500) pounds per square foot without signs of fail- ure, deformation or permanent set, when such test load is removed. The right is reserved to test at least one (i) frame in every ten ( 10) delivered, as selected by the Engineer. Should the one se- lected fail, another will be selected by the Engineer; and, if that fail, then the whole lot may be rejected. These frames must be set in place with cement, lead or other means to be absolutely water- proof, as tested by a hose with one-half (^2) inch nozzle and hydrant pressure. In order to prevent any leaks and as far as possible condensa- Hollow space ,-,,,/- , in walls, tion, the Contractor must exercise great care in the construction of station walls and roofs. The walls above the platform level, when acting as retaining walls, shall be built of brick or concrete with a waterproof layer, all as described under the appropriate clauses in these specifications. The walls shall be constructed so as to contain a hollow space. The hollow spaces in the walls shall be connected at the bottom by a pipe furnished with a stop cock and leading to the drain. The floors of stations shall be of some approved form of cement Floors, or artificial stone, and shall be so arranged as to drain to one or more points as directed, where suitable and proper provision shall be made for the removal of water used in flushing the same. In 93 Chap. II. Specifications: Stations Ceilings. Stairways. Ticket booths. Sanitary ar- rangements. the designs of stations all corners formed by intersecting walls, shall be avoided by joining these walls by curves of large radius. In order that such curved surface shall present a smooth and workmanlike finish the Contractor shall supply special bricks or tiles properly curved to the radius used ; and where the sidewalls join the floor the corners shall be rounded by specially made bricks or tiles curved to a radius of at least two (2) inches. All details of the stations must be so arranged as to facilitate cleaning, and to permit if desired a thorough washing of all parts of the stations and their approaches by means of a hose. The ceilings of stations where not made by vault lights shall be made as follows : The roof shall be formed in the ordinary manner as the roof of the railway, all carefully waterproofed. The interior surface shall be made of wood, plaster on expanded metal laths, or some non-conducting material. This material, of what- ever nature, shall be of the best quality ordinarily used for such purpose, and shall be attached to the flanges of the roof beams so as to leave an air space beneath the same. The ceiling on the ex- posed surface shall be suitably decorated. The stairways shall be of iron or of sound and suitable stone, and furnished with the most approved form of treads to prevent slipping. Wherever pos- sible there shall be two (2) stairways for each side of each sta- tion, and all stairways shall be of as great a width as the local con- ditions will satisfactorily permit. Where the presence of areaways or other openings permit there shall be louvre ventilators of glass ' of approved design placed immediately beneath the ceiling of sta- tions. These louvres shall be in height not exceeding three (3) feet, shall extend in length as great a distance as the local circum- stances shall permit, unless otherwise ordered by the Board, and shall be so arranged as to exclude storm water. The ticket booths, railings, doors and other details are to be of wood, brass and glass, designed and constructed with skill. Each side of every station, unless otherwise ordered by the Board, shall be equipped with two (2) water-closets plainly marked for the use of women and men respectively. They shall be finished with bowls of sanitary design and approved make, and supplied with a good flushing device. In addition to the bowl the closet for the men shall be furnished with a urinal safed with slate or marble, and with special flush for the same, all of approved design. The doors leading to these closets shall be equipped with 94 Chap. II. Specifications: Terminals good self-closing springs. Each closet shall have a ventilating pipe leading direct to the outer air, and covered by a suitable cast- iron grating to set in the sidewalk or other place, and furnished with a small automatic exhaust fan. The bowls and urinals shall be connected by means of cast-iron drain pipes to the main sewer. These drains shall be furnished with sufficient traps of approved design, set close to the fixtures, which traps shall be back-aired in an efficient and workmanlike manner, such back-air pipes ter- minating in the sidewalk or other approved situation, and covered by suitable galvanized-iron gratings. Both sides of every station shall have connection with the water Water con- main so as to permit the attaching of hose or hoses for the flushing and washing of all parts of the station and platform, waiting rooms and stairways. In certain stations it will be necessary to pass sewers or pipes, or both, beneath the station platforms, and in order to reach the same for the purpose of inspection and repair, cast-iron frames capable of being lifted, shall be inserted in the floor, and the con- crete of the floor so laid as to be exactly flush with the same. Wherever station platforms are located at a depth exceeding Elevators or thirty (30) feet from the surface of the street, the Contractor shall, m ving stairways, if required by the Board, establish an approved plant of elevators not exceeding four (4) in number, each elevator being of suffi- cient size to carry at least twenty-five (25) persons, or shall estab- lish a moving stairway or stairways. The Contractor shall submit to the Board a system of lighting- System of the stations to be approved by it before being put into operation. The lights must be of sufficient number and so situated as to light the stations, platforms and bridges in a thorough manner. 23. TERMINALS Terminal grounds shall be located by the Contractor subject Yards - to the approval of the Board, and shall be sufficient in area to permit the construction of machine repair shops, transfertables and turntables and other terminal appurtenances, and storage tracks having a mileage of not less than one ( I ) mile and capable of storing such equipment as will be furnished under this contract, and such reasonable additions thereto as are likely to be made 95 Chap. II. Specifications: Equipment within ten (10) years next ensuing from the completion of the work. Grading. The surface of such ground shall be improved by excavating, filling, or other grading as ordered by the Board, in order to put the same in proper condition for use. Buildings. Buildings, transfertables and turntables and similar terminal appurtenances of a permanent character shall be constructed ac- cording to the plans and specifications furnished by the Board, or according to the plans and specifications to be furnished by the Contractor and approved by the Board. All buildings shall be constructed of steel, brick or other fire- proof materials, and shall present an attractive appearance. Machinery. All machinery and other equipment in connection with such buildings or other terminal appurtenances are to be furnished and owned by the Contractor along with the equipment as contem- plated by the Statute and called for by this Contract. Sidetracks. Sidetracks of substantial character shall be constructed on the terminal grounds. These sidetracks shall have a combined length sufficient to hold all the rolling stock furnished by the Contractor, and shall be so laid out and placed as to permit their convenient operation, and the inspection and cleaning of the cars while stored thereon. Definition of equipment. Number of cars. Motive power. 24. EQUIPMENT Full and sufficient equipment, including all rolling stock, motors, boilers, engines, wires, subways, conduits and mechanism, machinery, tools, implements and devices of every nature what- soever, used for the generation or transmission of motive power, and including all power houses, and real estate necessary therefor, and all apparatus for signalling and ventilation, are to be provided by the Contractor at its expense, as provided in the Statute. The amount of such equipment shall be at least sufficient to sup- ply at one time trains of four (4) cars at one (i) minute inter- vals. The motive power of such equipment shall be of such a charac- ter as not to require combustion within the subway. The motors shall have sufficient power to haul on level gradients, in addition to their own weight, a train of five (5) cars, at an average speed of thirty-five (35) miles an hour, with stations one and a half 96 Chap. II. Specifications: General Clauses (1^2) miles apart, allowing ten (10) seconds for the duration of each stop. The cars shall be so constructed as to facilitate to the utmost a Design of cars, quick discharge and loading of passengers. Both motors and cars shall be designed to have a handsome and attractive appearance, both within and without, and be constructed of the best material and workmanship; and special care must be taken to avoid all loose or rattling parts that might produce noise. Extra provision must be made for the thorough ventilation of all cars. The signalling devices shall be of the most approved and relia- Signals, ble character, preference being given to a system which will auto- matically bring a train to a stop in the event of the man in charge failing to obey a danger signal. The Contractor shall so construct the tunnel, cars and equip- Ventilation ment and provide them with such devices for ventilation that they will be supplied at all times with pure, wholesome air. The Con- tractor may construct such blowholes and ventilating shafts and uch other constructions as, in the opinion of the Contractor, may be needed to give an efficient system of ventilation, and as may be approved by the Board. The general plans of the equipment, including designs for cars, Plans to be devices for signals and ventilation, must be submitted to the Board a PP roved - and approved by it, both as to design and quantity, and further- more, the construction of the equipment must be similarly ap- proved as to material and workmanship. 25. GENERAL CLAUSES All materials and workmanship must _ be of the best class in Best quality every respect as ordinarily used for such work where applied, and of work - the Engineer is to be the sole judge of their quality and efficiency.' Wherever necessary the Contractor shall erect and maintain at Fences, its own expense fences for the protection of adjoining property and of the adjoining public places. At its own expense and as directed from time to time by the Work to be Engineer, the Contractor is to clear the work, streets and all pub- cleared, lie places occupied by it from all refuse and rubbish, and leave them in a neat condition. Wherever the Contractor is absent from any part of the work Notice, how where it may be necessary to give instructions, orders will be glven - 97 Chap. II. Specifications: General Clauses Lines and Grades. Imperfect work. Notice regarding commencement of work. Conveniences for men. Advertisements forbidden. given by the Engineer to, and shall be received and obeyed by, the superintendent or overseer of the Contractor, who may have charge of the particular work in relation to which the orders are given, and a written copy of such orders will be forwarded to the Con- tractor by the Engineer without delay. The principal lines and grades are to be given by the Engineer, who may change them from time to time as may be authorized and directed by. the Board. The stakes and marks given by the Engineer must be carefully preserved by the Contractor, which must give to the Engineer all necessary assistance and facilities for establishing benches and plugs for making measurements. Any inefficient or imperfect work which may be discovered before the final acceptance of the work, shall be corrected imme- diately on the requirement of the Engineer, notwithstanding that it may have been overlooked by the proper inspector. In all work of whatever kind which, during its progress and before its final acceptance, shall become damaged from any cause, so much of it as may be objectionable, shall be broken up or re- moved, and be replaced by good and sound work. Before commencing- work on any part of the route, whether on the railway or on the sewers lying off the line of the railway, the Contractor shall give notice in writing to the Engineer at least one ( i ) week in advance of its intention to commence such opera- tions ; and before commencing manufacture, or resuming manufac- ture if the same has been suspended, of any article called for by these specifications, notice shall be given to the Engineer in writ- ing at least one ( I ) week in advance, with the name and address of the maker and the amount and description of the material to be manufactured, in order that proper inspection may be arranged for. If so requested by the Engineer in writing, countersigned by the President of the Board, a further reasonable delay in com- mencing work or manufacture must be granted, such delay to extend the time of completing this contract as named herein. Necessary conveniences, properly secluded from public observa- tion, shall be constructed wherever needed for the use of laborers on the works, to the satisfaction of the Engineer and the sanitary authorities. The using of fences and buildings during construction for advertising purposes, other than the name and address of the Con- tractor, is forbidden. 98 Chap. II. Specification: General Clauses In all operations connected with the work, all ordinances of Ordinances and the City authorities, and of the Board of Health, which shall he valid and operative with respect to work on the Rapid Transit Railroad, and the valid regulations of the officers of the United States in charge of the navigable waters in and about the Harbor of New York, and all laws of this State which are now applicable to and control or limit in any way the actions of those engaged in the work of affecting the materials belonging to them, must be respected and strictly complied with. If the work or any part thereof, or any material found or Condemned ma- brought on the ground for use in the work or selected for the *g m o ^ be same, shall be condemned by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forthwith remove such materials from the work and rebuild or remedy such work as may be directed by the Engineer. The Contractor shall employ only competent, skillful and faith- Competent men. ful men to do the work. Whenever the Engineer shall notify the Contractor in writing that any man on the work is in his opinion incompetent, unfaithful or disorderly, such man shall be dis- charged from the work and shall not again be employed on it. 99 CHAPTER III. THE LEASE. Description of railroad. Term of lease. Contractor to surrender pos- session at end of lease. Rental. The City hereby lets the Railroad to the Contractor for the term hereinafter mentioned. The Railroad hereby leased includes the railway constructed under the Routes and General Plan thereof prescribed by the resolutions of the Board adopted on the 24th day of January, 1901, together with terminals, stations and all other appurtenances whatsoever of the said Railroad, but not in- cluding the Equipment thereof. The Railroad shall from time to time include any extension or addition required by the Board and constructed by the Contractor as provided in Chapter I. The Contractor hereby agrees to equip, maintain and operate the Railroad during the whole of the said term. The said term shall be thirty-five (35) years, and shall run from the date on which the Railroad shall be declared by the Board to be ready for operation. The Contractor shall surrender possession of the Railroad at the end of the said term of thirty-five years or at the earlier termination of this Lease, as herein provided. The Contractor shall pay to the City rental for the Railroad, which rental shall consist of the following: ( i ) An annual sum equal to the annual interest payable by the City upon all bonds which shall be issued by it in order to provide means for Construction. The amount of such interest shall be ascertained as of the time when the Railroad shall be declared by the Board to be ready for operation, or, if the Board shall so direct, the time when passenger traffic on the Railroad shall begin ; but it shall be increased from time to time by the amount of the annual interest payable by the City for all bonds which, after the date when the Railroad shall be so declared to be ready for opera- tion or when such traffic shall so begin, shall be issued in order to provide means for Construction. The amount or amounts pay- able under this subdivision shall not be subject to decrease by reason of the refunding by the City at lower rates of interest of any of the bonds issued as aforesaid. Bonds issued in order to provide means for Construction shall be deemed to include bonds issued to pay interest on bonds theretofore issued pursuant to this IOO Chapter III. The Lease Contract under the provisions of section 34 of the Rapid Transit Act, for all lands acquired in fee, but not bonds issued to pay for other rights, terms, easements or privileges. (2) A further annual sum which shall be equal to one per centum upon the whole amount of the said bonds (with the ex- ceptions above mentioned) except that the annual payment in ex- cess of such interest shall, for each year during the period of five ( 5 ) years from the date at which the payment of rental shall be- gin, be such sum not exceeding one (i) per centum as shall be equal to the excess of the profits of the Contractor for such year in the operation of the Railroad over (5) per centum upon the capital of the Contractor invested in the enterprise, and except further that for each year during a second and immediately suc- ceeding period of five (5) years, there shall, in lieu of such one per centum, be paid one-half (/4) of such one (i) per centum and in addition an amount not exceeding one-half ( l / 2 } of such one (i) per centum which shall be equal to the excess of the profits of the Contractor for such year in the operation of the Railroad over five (5) per centum per annum upon its capital in- vested as aforesaid. (3) A further annual sum which shall be equal to the amount of the annual interest payable by the City upon bonds issued to provide means to pay for rights of way acquired on, under, through or over lands not belonging to the City. The Rental shall begin on the date of the declaration of the Board that the Railroad is ready for operation, or, if the Board shall so direct, the date when passenger traffic on the Railroad shall begin, and shall be payable at the end of each quarter on the first days of January, April, July and October. During the first ten (10) years of the said term of thirty-five (35) years, the Contractor shall deliver to the Comptroller at the time each payment of Rental is due a statement in form and with details to be prescribed by the Board, the same to be verified under oath by the Contractor or by the treasurer of the Con- tractor, or, in case of his absence or inability, then by its presi- dent, or other chief officer or manager, showing for the preceding quarter, (i) The amount of Capital of the Contractor invested in When Contractor the enterprise not including borrowed money however se- to state net pro- cured, operation. IOI Chapter III. The Lease Contractor's as- surance of charac- ter of railroad. Contractor to observe highest standard of rail- way operation. (2) The gross receipts from the operation of the Road. (3) The operating expenses of the road including actual expenditure for repairs and maintenance and interest on bor- rowed money, but without allowance otherwise for wear or tear or deterioration. The profits shall be determined by deducting from the gross receipts the operating expenses as above defined. After the expiration of the said period of ten (10) years the Contractor shall deliver to the Comptroller at the quarterly times above mentioned a statement verified as above provided showing its gross receipts for the preceding quarter from the operation of the Road. The Comptroller or the Board shall have the right to verify any of the said statements by an examination of the Con- tractor's books and the examination under oath of any of its of- ficers or servants ; and the Contractor hereby covenants that its officers and servants shall submit to such examination and pro- duce such books whenever and wherever they may be reasonably required by the Board or Comptroller. The Contractor, by Chapter II of this contract, has agreed to construct the Railroad so that the same shall be an intra-urban railway of the very best character according to the highest mod- ern standard, in respect of safety, speed and convenience and in all other respects. The Contractor covenants to and with the City that at the time or times the Lease shall begin the said Rail- road so far as declared by the Board ready for operation shall be a complete railway of the character aforesaid ready for immediate and continuous operation, and that the same shall, at the time of the commencement of the said term or terms be a railway in all respects conforming to all and every of the requirements of the Lease. The Contractor admits that at the commencement of its Operation of the Railroad under the Lease it will have a complete knowledge thereof and a knowledge ampler than that of the City or any official thereof. The Contractor shall at no time and in no event be at liberty to object to the plans or specifications upon which the Railroad has been constructed, or the manner of its construction, maintenance or operation. The Contractor covenants to and with the City that the Con- tractor will, during the term of the Lease, operate the Railroad carefully and skillfully according to the highest known standards of railway operation at the time. 1 02 Chapter III. The Lease It further covenants to do all the things which in this Contract is provided that it shall do. The trains shall be run at a speed on the average, stops at sta- Trains, their tions included, of not less than twelve (12) miles per hour. The *P? ed ' fre 1 uenc y, Contractor shall, so far as is practicable, meet all reasonable re- quirements of the public in respect of frequency and character of its railway service to the full limit of the capacity of the Railroad. Between the hours of half-past eleven and one o'clock at night and between five and six o'clock in the morning trains shall be run by the Contractor stopping at all stations at intervals of not more than ten (10) minutes. Between the hours of one o'clock and five o'clock in the morning trains shall be run, stopping at all stations at intervals of not more than fifteen (15) minutes. The Contractor shall operate the Railroad with the highest re- Safety, gard to the safety of the passengers and employees thereof and of all other persons. Mechanical and other devices for safety shall be of the very best known character. The Contractor hereby covenants to and with the City that it will save the City harmless of and from all claims of every nature arising from in- juries to passengers, employees or other persons by reason of neg- ligence on the part of the Contractor or of any of its employees, and all other claims by reason of Operation of the Railroad, except those against which the City by this contract assures the Con- tractor. The Contractor shall during the term of the Lease keep the Repairs and Railroad and its Equipment and each and every part thereof in re P lacements - thorough repair, and shall restore and replace every part thereof which may wear out or cease to be useful, so that at all times and at the termination of the Lease the Railroad shall be in thor- oughly good and solid condition and fully and perfectly equipped presently ready for continuous and practical operation to the full limit of its capacity. If at any time the Board or its Engineer shall notify the Contractor of any loss, wear, decay or defect in the Railroad or the Equipment, such loss, wear, decay or defect shall forthwith be completely remedied by the Contractor at its own expense, so far as the same interferes or is inconsistent with the thoroughly good or solid condition of the Railroad or its Equipment as aforesaid, or with the continuous or practical opera- 103 Chapter III. The Lease Contractor to keep railroad in good condition. To light and heat stations, cars, etc. Waiting rooms. Ventilation. Tunnels to be lighted. Advertisements in stations. tion thereof to its full limit as aforesaid. If the Contractor shall unreasonably fail or refuse to so forthwith completely remedy such loss, wear, decay or defect, the Board may in such manner, whether by contract or otherwise, as it may deem proper, procure such loss, wear, decay or defect to be supplied and remedied, and for such purpose shall be entitled, so far as it shall deem neces- sary or convenient, to enter upon the premises ; and the Con- tractor shall forthwith, upon the demand of the Board, pay to the City the entire cost incurred by the City in supplying such loss or wear or in remedying such decay or defect. The Contractor shall keep the stations, tunnels and all other parts of the Railroad clean and free from unnecessary dampness, and in that and in all other respects in thoroughly good order and condition. The Contractor shall promptly remove from the sta- tions and their approaches, including the sidewalks immediately adjoining the approaches, all ice and snow and all other obstruc- tions or hindrances. The Contractor shall suitably and thoroughly light and heat the stations and cars of this Railroad ; and they shall be so lighted that passengers may conveniently read therein. Such light and heat shall be provided by electricity or such other illuminating and heating agent, as may be approved by the Board. The Contractor shall keep the waiting-rooms in clean and com- fortable condition, and provide therein proper seating capacity and good drinking water. The Contractor shall provide in con- nection therewith sufficient and suitable watei -closets, and keep the same in sanitary condition. The Contractor shall cause all tunnels, stations and cars of the Railroad to be thoroughly ventilated with pure air. The Contractor shall keep all tunnels sufficiently lighted at all times to permit the tracks and walls and roofs of the tunnels to be clearly visible for inspection. No posters, bill-boards or advertisements of any kind not neces- sary in the operation of the Railroad shall be allowed at or in stations except with the written permission of the Board revocable at any time, it being the policy of the City that public property shall not be obstructed, disfigured or made ugly by advertisements. 104 Chapter III. The Lease The motive power shall be electricity or compressed air which Motive power, shall be so used as to involve no combustion in the tunnels or any injury to the purity of the air in the tunnels, Provided, however, that, if, in the future development of the railway art, any method of generating or transmitting power superior to electricity or com- pressed air and involving no combustion or other injury to the purity of the atmosphere in the tunnels or in the cars shall be dis- covered to be practicable, then the Contractor shall have the rignt to adopt such different method if approved by the Board. But if the Contractor shall adopt such different method, then the Con- tractor shall provide and maintain equipment for the generation and transmission of power by such different method at least equal in completeness, efficiency and durability to the Equipment as provided to be used at the commencement of the term of the Lease. Any such change of motive power shall be made only upon general and detailed plans and specifications which shall have been submitted by the Contractor to the Board at least two (2) months before any such change shall be made. The Contractor shall at all times provide all reasonable conve- Inspection, niences for the inspection of the Railroad and Equipment and every part thereof by the Board, its members, its engineers and subordinates. The members of the Board, its engineers and sub- ordinates shall at any time upon its authority have access to any part of the Railroad or Equipment or to any materials therefor in process of manufacture. The Contractor shall at all times provide, in quantities amply Character of sufficient for the travel to the full capacity of the Railroad, cars, rolling stock and other parts of the Equipment of the best char- acter known at the time to the art of intra-urban railway opera- tion. In case of any such neglect the Board may, upon notice, require the defect to be made good ; and, if the defect shall not forthwith and upon such notice be made good, then the Board shall be at liberty, either by contract or otherwise as it may see fit, to make good .such defect ; and in so doing the Board shall, so far and for such time as may be necessary or convenient, be entitled to enter upon or take possession of any part of the Railroad or Equipment. The Contractor shall forthwith repay to the City the cost to which it shall be put in making good any such defect. 105 Chapter III. The Lease Rolling stock to be adequate. Schedules of equipment to be filed. Equipment to be kept in good order. City's lien on equipment. Freight may be carried. The Contractor shall at all times keep upon the Railroad, cars, motors and other equipment which shall, to the limit of the ca- pacity of the Railroad, be adequate to the requirements of the trav- eling public. The Contractor shall, before the declaration of the Board that the Railroad is ready for operation, and before the Contractor shall be entitled to the final payment for Construction, file with the Board in duplicate a true schedule of the Equipment of the Railroad. Such schedule shall be in detail and shall be prepared in such form as may be prescribed by the Board. After the operation of the Railroad shall have begun the Contractor shall within thirty (30) days after the first day of January and the first day of July respectively in each year, file with the Board a like schedule showing in detail all of the Equipment on such first day of January or first day of July respectively. Every such schedule shall be verified by the affidavit of the general manager or other officer of the Contractor who shall be in the general care and con- trol of the Equipment, and who shall in such affidavit state that he is in such general care and control. The Equipment shall be kept by the Contractor in thoroughly good order and repair ; and the Contractor hereby expressly cove- nants to and with the City that the Contractor will not at any time within three (3) years before the end of the term of the Lease permit the Equipment to be less in quantity or inferior in quality to the Equipment as it shall have been at any prior time during the term of the Lease. The lien of the City upon the Equipment shall be applicable to all Equipment at any time provided by the Contractor during the term of the Lease in like manner as to the Equipment provided by the Contractor prior to the commencement of said term. The Contractor may use the Railroad for the carriage of freight or express matter, Provided, however, that such use shall not to any extent or in any way interfere with the use of the Rail- road to its fullest capacity for all passengers who shall desire to be carried upon it. Nor shall the Contractor make any use of the Railroad or any part of it or of its Equipment which shall to any extent or in any way interfere with such use to its fullest capacity for passengers. 106 Chapter III. The Lease The Contractor shall during the term of the Lease be entitled Fares, to charge for a single fare upon the Railroad the sum of five (5) cents, but not more. The Contractor may provide additional con- veniences for such passengers as shall desire the same upon not to exceed one ( i ) car upon each train, and may collect from each passenger in such car a reasonable charge for such additional con- veniences furnished him, provided that the amount to be charged therefor and the character of such additional conveniences shall from time to time be subject to the approval of the Board. The Contractor may provide not to exceed one (i) car in each train for persons smoking. The Contractor covenants to and with the City that the terms Traffic agree- ... . . . , , merits to be car- of each and every passenger traffic agreement made or which shall r j e( i out. be made or which the Contractor herein contracts shall be made with the owners of connecting lines as prescribed in Chapter I of this agreement, shall be fully carried out and that this obligation shall be deemed to be an original obligation of the Contractor in all respects as if the Contractor were the sole owner of every con- necting line with respect to which such passenger traffic agreement shall be made or with respect to which the Contractor shall be bound to make such an agreement. If the Contractor shall default in paying the rental herein pro- Powers of City vided or shall fail to observe, keep and fulfill the conditions, obli- Contractor gations and requirements of the Lease or any of them, the City shall have all the remedies provided in that case by Chapter I. of this contract. At the termination of the Lease (or if the same shall, at any City to buy Con- time not less than one (i) year before the expiration of the term a^end of P term of the present lease, be renewed by agreement between the City and the Contractor, then upon the expiration of said renewal there- of) the City shall buy and the Contractor shall sell, the whole of the property of the Contractor forming part of the Equipment or employed in and about the equipment, maintenance and operation of the Railroad. The right of the City so to buy shall be pro- tected by its lien upon Equipment as aforesaid. Such purchase and sale shall be at a reasonable price, due regard being had to the condition, wear and tear of the property. Such price may be fixed by agreement between the Board and the Contractor ; but if they shall not agree then such price shall be fixed by arbitration, or, if 107 Lease, when assignable. Right to renewal. Chapter III. The Lease either party shall object to arbitration, or if the terms or procedure of arbitration shall not be agreed upon, or if the arbitration shall fail, then by appropriate suit or proceeding in the Supreme Court of this State. The City shall have the right at the termination of the Lease, whether or not the price shall have been ascertained or paid, to take possession and use and operate all such property of the Contractor, but subject, however, to its liability to ay the value thereof to be ascertained as aforesaid with interest from the time of taking possession. The Lease shall not be assignable by the Contractor without the written consent of the Board concurred in by six (6) of its mem- bers. Upon the written demand of the Contractor or its lawful assignee delivered to the Board not more than two (2) years and not less than one (i) year before the expiration of the term of this Lease, the Contractor shall be entitled to a renewal hereof for the term of twenty-five (25) years. Such renewal lease shall be in the same form as this lease except that, in lieu of the term or terms of duration of this lease, such renewal lease shall be for the term of twenty-five (25) years from the date of the expiration of this lease, and except further that such renewal lease shall con- tain no provision for a renewal, and except further that the amount of the annual rental shall be an amount not less than the average amount of the annual rental for the ten (10) calendar years of the lease next preceding the Contractor's demand for renewal, and that the amount of such rental, subject to such mini- mum limit, shall be agreed upon between the Board and the Con- tractor or its assignee or, if they shall not agree, then that the amount of such rental shall, subject to such minimum, be fixed by arbitration or, if either party shall object to arbitration or, if the terms of procedure shall not be agreed on or if the arbitration shall fail, then by an appropriate suit or proceeding in the Supreme Court of this State. In witness whereof this contract has been executed for the CITY OF NEW YORK by not less than six of the members of its BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS under and by a resolution duly adopted by the said BOARD, and the seal of the said BOARD has been hereto affixed and these presents signed TOS Chapter III. The Lease by the President and Secretary of the said BOARD; and the CON- TRACTOR has caused its corporate seal to be hereto affixed and this contract to be witnessed by its President and Secretary the day and year first above written. THE RAPID TRANSIT SUBWAY CONSTRUC- TION COMPANY, [CORPORATE By AUGUST BELMONT, SEAL ] President. Attest : FREDERICK EVANS, Secretary. [OFFICIAL By ALEXANDER E. ORR, SEAL.] President. BION L. BURROWS, Secretary. 109 Chapter III. The Lease State of New York, L gg County of New York/ On this nth day of September, 1902, at the City of New York, in said County, before me personally appeared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being 1 by me duly sworn, did de- pose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof ; and the said Bion L. Burrows, that he resided in the Borough of Manhattan, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. And on the same day, at the said county, before me duly appeared FREDERICK EVANS, to me known and known to me to be the secretary of Rapid Transit Subway Con- struction Company, the Contractor named in the foregoing con- tract, and being by me duly sworn, did depose and say, that he resided at the Borough of Manhattan, City of New York, and was secretary of the said Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing contract and that he subscribed his name to the fore- going contract by the authority of the board of directors thereof ; and on the 3Oth day of August, 1902, before me duly appeared AUGUST BELMONT, to me known and known to me to be the President of Rapid Transit Subway Construction Company who being duly sworn said h was President of said Corporation and that he subscribed his name to the foregoing contract by like authority : and both the said August Belmont and the said Frederick Evans did depose and say that they knew the seal of no Chapter III. The Lease the said Rapid Transit Subway Construction Company and that the same was affixed to the foregoing contract by authority of the board of directors of the said Company and pursuant to a resolution duly adopted by said Board. CHAS. W. SANDFORD, Notary Public No. 20, Kings County, Certificate filed in N. Y. County, in Invitation to Contractors Invitation to Contractors. OFFICE OF THE BOARD OF RAPID TRANSIT RAILROAD | COMMISSIONERS FOR THE CITY OF NEW YORK, j No. 320 Broadway, New York City, June i2th, 1902. The City of New York (hereinafter called the City), acting by its Board of Rapid Transit Railroad Commissioners (hereinafter called the Board), proposes to build a rapid transit railroad in the City of New York. By this advertisement the Board invites proposals to construct the railroad, to equip the same, to put the same into operation and thereafter to use and operate the same upon a lease thereof from the City for the term of thirty-five (35) years with a. right to a renewal of the lease for a further term of twenty-five (25) years, all upon the terms and conditions set forth in the draft of Contract hereinafter referred to. Payments to the Contractor will be made for construction as the work proceeds as provided in the form of contract. The annual rental to be paid by the Contractor under such lease, after completion, will, except as provided in the Contract, amount to the interest paid by the City on its bonds for cost of construc- tion (including interest during construction, but excluding bonds issued to pay 'for certain easements and the like), and in addition one ( i ) per cent, on such cost of construction, with provision for contingent abatement or reduction of such one (i) per cent. The points within the City of New York between which the said road is to run and the route or routes to be followed are as follows, namely: From a point in the Borough of Manhattan, at or near the inter- section of Broadway with Park Row, being the point of com- mencement of the Manhattan-Bronx Rapid Transit \Railroad now under construction ; thence under Broadway and Bowling Green to State Street; thence under State Street and Battery Park to Whitehall Street, and thence under and across Whitehall Street and South Street to the East River ; thence under the East River to the Borough of Brooklyn at a point in Joralemon Street be- tween the East River and Furman Street ; thence under Joralemon Street to Fulton Street; thence under Fulton Street to Flatbush Avenue ; and thence under Flatbush Avenue to a point at or near its intersection with Atlantic Avenue; together with a loop or 112 Invitation to Contractors branch beginning at a point in Broadway between Bowling Green and Exchange Place, and running thence under Broadway to Bowling Green, thence under Bowling Green to State Street, thence under and across the line of State Street to Battery Park, thence under Battery Park to Whitehall Street, and thence re- turning under Whitehall Street, Battery Park and State Street to Broadway; also suitable tracks and connections in the nature of loops under the City Hall Park, in the Borough of Manhattan, and around the Borough Hall, in the Borough of Brooklyn. The general method of construction includes two tracks. These tracks shall be of the standard gauge, that is to say, of a width of four (4) feet eight and one-half (8^) inches between the rails. The roof of the tunnel shall be as near the surface of the street as grades and street conditions "will permit, and is to have a height of not less than thirteen (13) feet in the clear and with a maximum width in the clear, except as influenced by local con- ditions, of fifteen (15) feet for each track. There shall also be suitable stations, turnouts, switches and cross-overs. The portion of the route underground shall be constructed with steel girders, with brick or concrete arches or masonry walls and arched roof. The tunnel under the East River shall be constructed of steel or cast iron tubes with concrete. The manner of construction of the portions underground shall be by tunneling or open excavation. The term of years for which the contract is proposed to be made extends for thirty-five (35) years after the completion of the road and its readiness for operation as declared by the Board, with an option to the Contractor to extend the lease for twenty-' five (25) years at a rental to be fixed as in the contract provided, but not less than the average rental for the last ten ( 10) calendar years before the Contractor's demand for renewal. Other requirements, provisions, details and specifications are stated in the printed form of contract now on file at the office of the Chief Engineer of the Rapid Transit Board, No. 320 Broad- way, Borough of Manhattan, City of New York, where copies of the same and of the form of bond and contractor's proposal may be had. Such printed form of contract is to be deemed part of this Invitation. Sealed bid= or proposals for the construction and leasing of such rapid transit road endorsed : "Proposals for constructing and Invitation to Contractors "leasing Brooklyn-Manhattan Rapid Transit Railroad," with the name of the person or persons, corporation or corporations mak- ing the same, will be received at the said office of the Board at No. 320 Broadway, Borough of Manhattan, New York City, until the 2ist day of July, 1902, at 12 o'clock noon, at which time or at a later date to be fixed by the Board, the proposals will be publicly opened at the said office and the award of the contract, if awarded, will thereafter and within thirty (30) days after the opening of the bids be made by the Board to the person or persons, corpora- tion or corporations, if any, whose proposal shall, in its opinion, be for the best interest of the City. The bidder or bidders whose proposal shall be accepted shall in person or by duly authorized representative attend at the said office of the Board within ten (10) days after the delivery of a notice by the Board and deliver a contract in the form referred to duly executed with its execution duly proved. Proposals shall be in the form prescribed by the Board, copies of which may be obtained from the Chief Engineer. At the time of the delivery of the contract the Contractor shall give security as follows: (1) By deposit of One million dollars ($1,000,000) in cash or in securities of the character of securities in which savings banks of the State may invest their funds. If the deposit be of securities they must first be approved by the Board. Such One million dollars ($1,000,000) shall be security for construction. (2) By a bond in the penalty of One million dollars ($1,000,- 006 ) or a further and continuing deposit of One million dollars ($1,000,000) in cash or in securities of the character of securities in which savings banks of this state may invest their funds. If the deposit be of securities they must first be approved by the Board. Such bond or such One million dollars ($1,000,000) shall be con- tinuing security for construction, operation, payment of rental and all other obligations of the Contractor until the termination of the lease. The form of the bond is prescribed in the Contract. In case of failure or neglect so to execute and deliver the con- tract and make the required deposit and execute and deliver the required bond or make the further deposit in lieu of the bond, such bidder or bidders will, at the option of the Board, be deemed either to have made the contract or to have abandoned the con- tract. In the latter case the Board shall give notice thereof to the 114 Invitation to Contractors bidder or bidders. And the Board may thereupon proceed to make another contract with such, if any, of the original bidders, as, in the opinion of the Board, it will be to the best interest of the City to contract with, or may by new advertisement as originally made, invite further proposals. The defaulting bidder or bidders shall thereupon be liable to the City for all loss and damage by it sustained, including the excess, if any, of the amount it shall pay any other contractor over the amount of the bid of such default- ing bidder or bidders, and without abatement by reason of any in- crease of Rental which such excess may produce to the City, which damages are hereby liquidated at One hundred thousand dollars ($100,000). Bidders shall specify in their proposals the estimate of the cost of the equipment of the railroad upon which the proposal is based. The equipment includes all motors, cars, whether used for pas- sengers, freight, express or any other purpose, and all other rolling stock, all boilers, engines, wires, ways, conduits, mechan- isms, machinery, power-houses, all real estate upon which any such power-houses shall stand or which shall be necessary for the generation or transmission of motive power, and all tools, imple- ments and devices of every nature whatsoever used for such gen- eration or transmission of motive power, and also all apparatus and devices for lighting, signalling and ventilation. Actual work must be begun under the contract within sixty (60) days after it shall be executed and delivered. The Railroad is to be completed ready for operation within three (3) years "with a contingent provision for an extension of one (i) year for work under the East River. Each proposal shall be enclosed in a sealed envelope and de- livered to the Board or to its secretary ; and in the presence of the person offering the proposal it shall be deposited in a sealed box in which all proposals shall be deposited. No proposal will be re- ceived or deposited unless accompanied by a certified check drawn upon a national or state bank within the City of New York and satisfactory to the Board, payable to the order of the Comptroller of the City of New York for the sum of One hundred thousand dollars ($100,000). If the Board shall, by notice to any bidder, accept his or its proposal and if the bidder shall fail within ten (10) days thereafter or within such further period, if any, as may be prescribed by the Board, to duly execute and deliver the con- Invitation to Contractors tract and make the deposit of One million dollars ($1,000,000) in cash or securities, and duly execute and deliver the Bond with sureties, or make the further deposit of One million dollars ($1,000,000) in lieu of the Bond, then this Invitation to Con- tractors and the proposal accepted as aforesaid shall be a contract binding the bidder to pay to the City the damages by it sustained by reason of such failure, and in such case the bidder hereby abso- lutely assigns to the City the ownership of such One hundred thousand dollars ($100,000) in payment of such damages. Such check must not be enclosed in the sealed envelope containing the proposal, but must be separately delivered to the Board or to its secretary, who will give a proper voucher for the deposit. All such deposits made by bidders whose proposals shall not be ac- cepted by the Board shall be returned to the person or persons making the same within five (5) days after the contract shall be executed and delivered. The deposit of the successful bidder shall be returned when the contract is executed and its provisions as to security complied with by him. The price stated for construction shall include the furnishing of all materials and the performance of all labor requisite to the cornplete construction and equipment of the proposed Brooklyn- Manhattan Rapid Transit Railroad, including all sewer and street construction and reconstruction and other work caused by or in- cidental to the construction of the railway as set out in the pro- posed form of contract and specifications. The equipment when completely delivered shall, however, be the property of the Con- tractor, but subject to a lien of the City to secure performance by the Contractor of its obligations under the contract, including payment of rental under the lease during its entire term. The Contractor shall, in the proposal, specify what transporta- fare (the same not to exceed five cents) which may be charged a single passenger for a continuous ride over the whole or any part of the Railroad. The Contractor shall, in the Proposal, specify the maximum tion facilities over railways connecting or to connect with the rapid transit railroad it will be able to assure to the City, speci- fying separately (i) in List A forming part of the Proposal the connecting lines over which shall be assured to any passenger a continuous trip for a single fare not exceeding five cents without change of cars, (2) in List B forming part of the Proposal the 116 Invitation to Contractors connecting lines over which passengers shall be assured a con- tinuous trip for a single fare not exceeding five cents but with or without change of cars at the option of the Contractor, and (3) in List C forming part of the Proposal the connecting lines over which the passengers shall be assured a continuous trip 'with or without change of cars at the option of the Contractor for fares exceeding five cents per trip but within limitations as specified. The Contractor's Proposal shall also state whether it authorize insertions in the contract of the clause intended to further secure to the City the transfer and other operating advantages, such clause being called in the footnote thereto Provisions for Future Operating Agreements. The Railroad is to be operated by the Contractor after it is completed for the period aforesaid, and the Contractor is to pay to the City rental therefor as prescribed in the contract. Bidders must state in their proposals the names and places of business of the proposed sureties on the bond (if any) proposed to be given, and the securities proposed to be deposited. Bidders whose proposals are otherwise satisfactory to the Board may in case the sureties or securities named by them are not ap- proved by the Board, substitute in their proposals the names of new sureties or a different schedule of securities approved by the Board. Each proposal or bid shall contain the name and place of resi- dence of the person making the same, the names of all persons interested with him therein, and if no other person be so inter- ested, it shall distinctly state that fact; and if the bidder shall be a corporation, then there shall be submitted a certified copy of its certificate of incorporation, with a certificate of the amount of stock paid' in in cash; and the names and business addresses of all officers and directors of the corporation shall be stated ; also, that it 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, and that no member of the board of aldermen, head of a department, chief of a bureau, deputy thereof or clerk therein, or other officer of the corporation, or any member -or employee of the Board, is interested, directly or indirectly, as contracting party, partner, stockholder, surety or otherwise in or in the performance of the contract, or in the sup- plies, work or business to which it relates, or in any portion of the profits thereof. 117 Invitation to Contractors No proposal will be allowed to be withdrawn for any reason whatever after it shall have been deposited with the Board. The Board reserve the right to reject the proposal of any per- son who is in arrears to the City upon any bid or contract, or who is in default as surety or otherwise in any obligation to that cor- poration. The proposal shall be signed and also verified by an affidavit ot the bidder (or if it be a corporation then by the president thereof) to the effect that the several matters therein stated are in all re- spects true. Each bidder shall in his or its proposal specify an office within the City of New York at which notices may be delivered; and delivery of a notice at such office shall be deemed a sufficient de- livery and notice to such bidder. The Board may reject any or all proposals if the Board shall deem it to the interest of the City so to do. THE BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, by A. E. ORR, President. BION L. BURROWS, Secretary. 118 Contractor's Proposal Contractor's Proposal. TO THE BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK. NOTE. Sums of money must be written in words and also stated in figures. The undersigned Rapid Transit Subway Construction Com- pany, a corporation organized under the laws of the State of New York, does hereby in pursuance of the Invitation to Contractors made by your Board, a copy of which is hereto annexed, propose according to the terms thereof and of the form of Contract therein referred to, to fully construct the Rapid Transit Railroad therein mentioned (and herein- after called the Railroad), and to equip the same completely ready for immediate and continuous operation, for the sum of Two Million Dollars ($2,000,000) ; and, in addition to the fore- going the sum of One Million Dollars ($1,000,000) for termi- nals and real estate : Provided, however, that this sum is sub- ject to modification as provided in the said form of contract, and to be paid as therein provided. And the undersigned does further propose, according to the terms of the said Invitation and Contract, that, after the Railroad shall have been declared by your Board, to be ready for operation, the undersigned shall use and operate the Railroad upon lease from The City of New York (hereinafter called the City), for thirty-five (35) years after such declaration, and to pay rental therefor as pro- vided in the said form of contract. The maximum fare which may be charged a single passen- ger for a continuous ride over the whole or any part of the Railroad shall be five cents (5c.). The undersigned does hereby propose to assure to the City transportation .facilities over railways connecting or to con- nect with the Rapid Transit Railroad as mentioned in Lists A, B and C hereto annexed. The undersigned does not* hereby authorize the insertion in the contract of the clause referred to in the Invitation to Con- tractors as Provision for Future Operating Agreements. The undersigned does hereby propose to make a contract * If the Contractor be unwilling to have this provision in- serted, he must here insert the word "not." 119 Contractor's Proposal with the City in the form referred to in the Invitation to Con- tractors and hereto annexed. The undersigned will, if this Proposal shall be accepted, forthwith execute such Contract with the Ci-ty (acting by your Board) and at the time of such execution will deposit pursuant and subject to the terms thereof t the sum of One million dol- lars ($1.000,000) with the Comptroller of the City of New York. The undersigned will also at the time of such execution de- liver to the said Comptroller the Bond for One million dollars ($1,000,000) therein required and being in the form hereto an- nexed with the following sureties : United States Fidelity & Guaranty Company, American Surety Company, Empire State Surety Company, or will in lieu of such bond deposit pursuant and subject to the terms of the said Contract with the said Comptroller* Your Board may cause any notice intended for the under- signed to be delivered at the office of August Belmont & Co., in the building No. 23 Nassau street in the Borough of Man- hattan in the City of New York. Such delivery shall be suffi- cient notice to the undersigned. At the time of delivering this proposal to the secretary of your. Board the undersigned separately delivers to the secre- tary a certified check drawn upon the National Park Bank of the City of New York payable to the order of the Comp- troller of the City of New York for the sum of One hundred thousand dollars ($100,000). If your Board shall by notice f Here insert either the words the sum of One million dollars ($1,000,000), or the words, securities of which a schedule is hereto, annexed entitled "Schedule of Securities No. I in lieu of One million dollars," such securities being of the value of One million dollars ($1,000,000). *Here insert either the words the sum of One million dollars ($1,000,000), or the words, securities of which a schedule is hereto annexed entitled "Schedule of Securities No. II for Continuing Deposit," such securities being of the value of One million dollars ($1,000,000). 120 Contractor 's Proposal to the undersigned as aforesaid accept this Contractor's Pro- posal, then, if the undersigned shall fail within ten (10) days thereafter or within such longer period as may be prescribed by your Board to make the deposit in cash or securities of One million dollars ($1,000,000) as aforesaid; or to procure the continuing bond to be duly executed and delivered as afore- said, or in lieu thereof to make the further and continuing de- posit of One million dollars ($1,000,000), or if the undersigned shall fail to procure the contract to be duly executed and de- livered as aforesaid, then the Invitation to Contractors and this Contractor's Proposal shall constitute a contract binding the undersigned to pay to the City the damages by it sustained by reason of such failure of the undersigned, as provided in said Invitation to Contractors. And the undersigned hereby as- signs to the City the said sum so specially deposited by the delivery of such certified check, subject only to the condition that if this Proposal shall not be accepted, or, if it shall be accepted and the undersigned shall within ten (10) days after notice as aforesaid or any longer period prescribed by your Board, execute the said contract and make the said deposit in cash or securities of One million dollars ($1,000,000) and procure the said continuing bond to be duly executed and delivered, or, in lieu thereof, make the further and continuing deposit of One million dollars ($1,000,000), then such sum of One hun- dred thousand dollars ($100,000) so specially deposited shall be returned to the undersigned. A notice of acceptance of this Proposal by your Board ad- dressed to the undersigned as aforesaid shall forthwith, at the option of your Board, 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 ac- cording to this Proposal. This Proposal is based in part on an estimate of the cost of the equipment of the Railroad (as defined in the Invitation to Contractors) at two million dollars ($2,000,000). The following are all the pers.ons interested with the under- signed in this Proposal, together with their names and places of residence : The work of constructing the railroad is to be done under the personal supervision and direction of John B. McDonald, the Contractor now engaged in the construction of the Rapid Transit 121 Contractor's Proposal Railroad in the Borough of Manhattan, who is the contractor of, and a director in the undersigned corporation and who resides at No. i West Seventy-second street in the Borough of Man- hattan, New York City. Submitted herewith is a certified copy of the original certificate of incorporation of the said corporation and a certified copy of its amended or supplemental certificate of incorporation and a certificate verified by the President and Treasurer of the under- signed corporation, showing the amount of the capital stock thereof paid in in cash and the name and business address of each and every officer and director thereof. This Proposal is in all respects fair and without collusion or fraud. 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, and no member of the Board of Aldermen, head of a department, chief of a bureau, deputy thereof or clerk therein, or other of- ficer of the Corporation, or any member or employee of the Board of Rapid Transit Railroad Commissioners, is, interested directly or indirectly, as contracting party, partner, stock- holder, surety or otherwise in or in the performance of the Contract, or in the supplies, work or business to which it re- lates, or in any portion of the profits thereof. DATED 2IST JULY, 1902. No. 23 NASSAU STREET, NEW YORK CITY. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By AUGUST BELMONT, President. JOHN F. BUCK, Secretary. 122 Contractor 's Proposal STATE OF NEW YORK, ) * c c CITY AND COUNTY OF NEW YORK,( August Belmont, being duly sworn, says : I am * the Presi- dent of the Rapid Transit Subway Construction Company, the proposing contractor above named. I have read the foregoing proposal. The same is in all respects true. AUGUST BELMONT. Sworn to before me this 2ist day of July, 1902. STATE OF NEW YORK, ) ss * CITY AND COUNTY OF NEW YORK,( On this day of 1902, before me personally came to me known and known to me to be the same person described in and who executed the foregoing proposal, and he ac- knowledged to me that he executed the same for the pur- poses therein mentioned. STATE OF NEW YORK, ) ss CITY AND COUNTY OF NEW YORK, ( On this 26th day of July, 1902, before me personally came August Belmont, to me known and known to me to be the Presi- dent of the Rapid Transit Subway Construction Company and John F. Buck, to me known and known to me to be the Treasurer of the said Company, who being by me severally duly sworn, did say: the said August Belmont that he resided at Hempstead, N. Y., and was the President of said Rapid Transit Subway Con- struction Company, the corporation described in and which executed the foregoing proposal, and the said John F. Buck that he resided in New York, and was the Treasurer of said Company : and each for himself did say that he knew the corporate seal of *// the contractor be a person, here say "the person;" if it be a firm, here say "a member of the firm of ;" if it be a corporation, say "the President (or Treasurer) of the Company." 123 Contractor's Proposal said Company; that the seal affixed to the foregoing instrument was such corporate seal ; .that it was so affixed by order of the board of directors of said Company, and that by like order each thereto signed his name and official designation. NOTICE: To this Proposal must be annexed: 1. Copy of Invitation to Contractors. 2. Copy of Proposed Contract. 3. Schedule of Securities in lieu of One million dol- lars if securities be deposited for the $1,000,000 in lieu of cash. 4. Schedule of Securities for Continuing Deposit if se- curities be deposited for the $1,000,000 in lieu of cash (should a One million dollars ($1,000,000) deposit be made in lieu of the Bond). 5. If a bond is to be given then a form thereof with blanks completely filled. 6. Lists A, B and C. 124 Contractor's Proposal LIST A. Connecting lines over zvhich the Contractor will assure to any passenger a continuous trip for a single fare not exceeding five cents without change of cars: The lines operated or to be operated by the Interborough Rapid Transit Company in the Borough of Manhattan and The Bronx as now authorized. Excepting in the case where a contractor shall have entered into an agreement with a connecting line to carry a passenger for less than five cents, the Interborough Com- pany will not agree in such case to carry such passenger beyond Fifty-ninth street for the less fare. Contractor's Proposal LIST B. Connecting lines over which the Contractor tvill assure to any passenger a continuous trip for a single fare not exceeding five cents with or ivithout change of cars at the option of the Con- tractor: Contractor's Proposal LIST C. Connecting lines over which the Contractor will assure to any passenger a continuous trip ivith or without change of cars at the option of the Contractor for fares exceeding five cents per trip but within limitations in this List specified: 127 Copy of the Routes and General Plan. The center line of the route shall commence at a point in the Borough of Manhattan at or near the intersection of Broadway with Park Row, being the point of commencement of the rapid transit railroad now under construction upon the routes adopted by the Board of Rapid Transit Railroad Com- missioners of the City of New York, by resolution of the I4th day of January, and 4th day of February, 1897 5 an d sucn center line shall run thence under Broadway and Bowling Green to State Street; thence under State Street and Battery Park to Whitehall street, and thence under and across Whitehall street and South street to the East River; thence under the East River to the Borough of Brooklyn at a point in Joralemon street between the East River and Furman street ; thence un- der Joralemon street to Fulton "street ; thence under Fulton street to Flatbush avenue; thence under Flatbush avenue to a point at or near its intersection with Atlantic avenue. The route shall also include a branch or loop, the center line of which shall begin at the point which shall be found most con- venient in Broadway between Bowling Green and Exchange Place, and shall run thence under Broadway to Bowling Green and thence under Bowling Green to State street; thence under and across the line of State street to Battery Park ; thence un- der Battery Park to Whitehall street; thence returning under Whitehall street, Battery Park, and State street to Broadway. The route shall also include suitable tracks and connections in the nature of loops under the City Hall Park and around the City Hall in the Borough of Brooklyn. Wherever the route passes from one street to another, or from the street to the river, or from the river to a street, the route may pass under private prop- erty so far as may be convenient for the purposes of the curve or grade of the railway. The said general plan of construction hereby adopted is as follows : For the whole of the route above described, including each of the branches and loops aforesaid, two parallel tracks placed on the same level except that, wherever required by special necessi- ties of surface or subsurface structures, or other special or local necessities, or for the purpose of avoiding grade crossings, either track may be depressed below the other track to a depth of not 128 Routes and General Plan more than fifty feet ; but the limitation as to level of the two tracks shall not apply to the portions of the route under the East River. The tracks shall be standard gauge, that is to say, of a width of four feet eight and one-half inches between the rails. The tracks may at any point of the route (or of the branches or loops therein included) be placed in the same tunnel; or there may be a separate tunnel for each track ; as shall be most convenient ; and there shall be a width in. the tunnels for each track not ex- ceeding fifteen feet, except that at stations, switches, turnouts, curves, and cross-overs the width may be increased; provided, however, that the tracks shall be placed under the central part of the longitudinal street of the route, so far as may be practicable and convenient. No wall of the tunnel or part thereof shall, ex- cept at the stations, station approaches, curves, and places of access to subsurface structures as hereinafter provided, be within a distance of five (5) feet of the exterior line or side of a longi- tudinal street of the route. The roof of the tunnel when under a street shall be as near the surface of the street as grades and street conditions will conveniently permit. The tunnel shall not be less than thirteen feet high in the clear. Wherever necessary to the proper support of a street surface the roof of the tunnel or tunnels shall be of iron or steel girders, with brick or concrete arches, supported by iron or steel columns and masonry walls, or the roof shall 'be a masonry arch, or the whole of the lining may be of iron. Adjacent tracks shall be connected by necessary and suitable switches and connections and an additional track for sid- ing accommodations may be constructed not to exceed in length one-quarter of a mile for each mile of roadway; and wherever along any part of the route it shall be necessary for the proper maintenance or accommodation of pipes, wires, sewers, and other subsurface structures, the width of the tunnel may be enlarged on either or both sides by an additional width not to exceed fifteen feet, provided always that the limits hereinbefore provided as to longitudinal streets of the route shall be observed. All or any pipes, wires, sewers, and other subsurface structures may be placed in suitable galleries to be constructed within the additional width hereinbefore permitted. At each cross street where accommoda- tion for pipes, wires, sewers, and other subsurface structures shall be those provided within the tunnel, the tunnel may, in order to provide convenient access to the same, have within the limit of the 129 sides or exterior lines of such cross streets or such lines produced, an additional width on each side of the route not to exceed fifteen feet, provided always that the limits hereinbefore provided as to longitudinal streets of the route shall be observed. Pipes, wires, sewers, and other subsurface structures shall, at any part of the said route, be removed and disturbed only when necessary for the construction and operation of the tunnel, and if removed or dis- turbed shall be placed under the streets in such manner and in such location that the use and service thereof shall not be perma- nently impaired. Such pipes, wires, sewers, and other subsurface structures shall be left or shall be so arranged as to give free access for their repair or alteration and for the placing with them, so far as there may be space, of new pipes, wires, sewers, and other like structures, and for making connections between the same and abutting buildings at any time. Stations and station ap- proaches shall, so far as practicable, be at the intersection of streets and shall be built under streets or through private property to be acquired for the purpose, or both under streets and through private property as aforesaid. The streets under which stations or station approaches shall be built may include cross streets ; but no part of any cross street shall be used for a station or station approach at a distance greater than seventy-five feet from the exterior line or side of the street of the route. The word "street," wherever used herein, shall include an avenue, park, or public place. The general mode of operation shall be by electricity or some other power not requiring combustion within the tunnels, and the motors shall be capable of moving trains at a speed of not less than forty miles per hour, exclusive of stops. The manner of construc- tion shall be by tunneling or open excavation. 130 Sclicdnlc of Securities Schedule of Securities No. i (in Lieu of One Million Dollars). This schedule gives a full description of the securities or the securities and cash of the value of One million dollars ($1,000,- ooo) which the Contractor agrees to deposit pursuant to the fore- going Contract. The securities when delivered must be payable to, or run in favor of, or be transferred to, the Comptroller of the City of New York. In case of bonds the numbers are given. In case of shares of stock or debentures the dates and numbers of the certificate are given. Approved by the Board of Rapid Transit Railroad Commis- sioners by Resolution adopted the day of President. Secretary '.V Schedule of Securities Schedule of Securities No. II (for Continuing Deposit). This schedule gives a full description of the securities or the securities and cash of the value of One million dollars ($1,000,- ooo) which the Contractor agrees to deposit pursuant to the fore- going Contract. The securities when delivered must be payable to, or run in favor of, or be transferred to, the Comptroller of the City of New York. In case of bonds the numbers are given. In case of shares of stock or debentures the dates and numbers of the certificate are given. $203,000 Corporate Stock of the City of New York for New East River Bridge 3 l />% Gold, Tax Exempt, Regis- tered, due November i, 1929, int. May and November, Nos. 144 and 145, of $100,000 each. $200,000 Corporate Stock of the City of New York, for Docks and Ferries, 3 l />% Gold, Tax Exempt, Registered, due November i, 1929, int. May and November, Nos. 34 and 35, of $100,000 each. $200,000 Consolidated Stock of the City of New York for re- demption of Bonds and Stocks maturing in the year 1896, 3 l /2% Gold, Tax Exempt, Registered, due Nov. i, 1922, interest payable May and November. $200,000 -Additional Water Stock of the City of New York, Tax Exempt, 3% Gold, due October i, 1905, interest pay- able April and October. $142,000 Additional Water Stock of the City of New York, Tax Exempt, 3% Gold, due Oct. i, 1907, interest payable April and October. $58,000 Consolidated Stock of the City of New York, Bridge over the Harlem River, Tax Exempt, Gold 3%, due November i, 1907, interest payable May and Novem- ber. Approved by the Board of Rapid Transit Railroad Commis- sioners by Resolution adopted the nth day of September, 1902. A. E. ORR, President. [SEAL OF THE BOARD.] BION L. BURROWS, Secretary. 132 Bond Bond. Know all Men by these Presents that Rapid Transit Subway Construction Company, a corporation organized under the laws of the State of New York of the City of New York, hereinafter called the Contractor and and hereinafter called the Sureties, are held and firmly bound jointly and severally unto the City of New York, hereinafter called the City, in the penal sum of One Million dollars ($i,ooo;ooo) 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 successors and assigns and each of their successors and assigns jointly and severally, firmly by these presents. In witness Whereof the Contractor and the Sureties have hereunto caused their hands and seals to be set this day of , 1902. Whereas, the City, by its Board of Rapid Transit Railroad Commissioners (hereinafter called the Board) is about to enter into a contract with the Contractor bearing even date herewith for the construction and equipment, and, after such construction and equipment shall be complete, then for the lease and operation, of the rapid transit railroad in the City of New York more particu- larly described in the said contract; and Whereas the City is about to enter into such contract with the Contractor upon the condition that this Bond shall be given to the City, and upon the faith thereof, NOW, therefore, the condition of the foregoing obliga- tion is such that, if the Contractor shall promptly pay the amount of the annual rental specified in the lease included in said con- tract and shall also faithfully perform all the conditions, covenants and requirements in the said entire contract specified, and in case 133 Bond of the default on the part of the Contractor as provided in section 34 of the rapid transit act the Contractor shall pay the amount of the deficiency therein mentioned, then this obligation shall be null and void, but else it shall remain in full force and virtue. It is expressly agreed between the City and the Sureties, and it is upon such agreement that the City accepts this Bond, that the Sureties will and do waive any and every notice of default on the part of the Contractor ; that they will and do permit the City to extend the time of the Contractor to make any payment or do any act; that no omission on the part of the City to give any notice or extension of time granted by or on behalf of the City, shall be availed of by the Sureties or either, of them as a defence upon this Bond ; that the Sureties shall not set up or have any defence upon this Bond by reason of any alteration of the said contract unless such alteration shall be represented by a formal written instru- ment duly executed between the City and the Contractor which shall have been duly authorized by a vote of the Board, and that in case of such alteration, however made, the same shall be a defence to the Sureties only to the extent of the actual injury or damage caused to the Sureties by such alteration. It is expressly agreed between the City and the Sureties that the Sureties hereby assume all the obligations prescribed for sureties upon bonds like this by chapter 4 of the laws of 1891, and the various acts amenda- tory thereof (all such acts together being known as the Rapid Transit Act). This Bond shall be a continuing security to the City of New York for the entire term of thirty-five (35) years after the complete construction and equipment of the rapid transit railroad as prescribed in the said contract and the declaration of the Board that the said railroad and its equipment ar-e so complete, and for the term of any renewal thereof. And whereas, The Contractor has deposited with the City the sum of One Million Dollars ($1,000,000) in cash or securities ap- proved by the Board as security for the performance by the Con- tractor of some of the acts and things, the performance of which is secured hereby; Now, therefore, it is further expressly agreed between the City and the Sureties that the City shall be at liberty in case of an\ default by the Contractor against which this Bond is given as 134 Bond security, to collect the loss or damage to the City caused thereby either from the Sureties on this Bond or out of the said deposit or out of all such securities as the City may elect. NOTE. The execution of the bond should be duly proved in the form essential to proof to entitle a deed to record in the State of New York. Full affidavits of justification of sureties should be added. 135 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD, RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, CONTRACTOR, AND INTERBOROUGH RAPID TRANSIT COMPANY Contract Jix 2. AGREEMENT MODIFYING CONTRACT FOR CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. PASSENGER TRAFFIC AGREEMENT. Dated, September 11, 1902. PASSENGER TRAFFIC AGREEMENT THIS AGREEMENT made this nth day of September, 1902, be- tween INTERBOROUGH RAPID TRANSIT COMPANY,, a corporation duly organized and existing under the laws of the State of New York (hereinafter called "Interborough Company"), party of the first part; RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, a corporation likewise organized and existing (hereinafter called the "Construction Company"), party of the second part; and THE CITY OF NEW YORK (hereinafter called the "City"), 'acting by its Board of Rapid Transit Railroad Commissioners, party of the third part. WITNESSETH : WHEREAS John B. McDonald heretofore entered into a contract with the City of New York bearing date the 2ist day of Febru- ary, 1900, for the construction, equipment and operation of a rapid transit railroad in the City of New York now called the Manhat- tan-Bronx Rapid Transit Railroad, which contract was thereafter modified by certain agreements supplemental thereto and amenda- tory thereof; and WHEREAS subsequently the said John B. McDonald duly as- signed to the Interborough Company so much of said contract as provided for the maintenance and operation of the railway there- in described, and the Interborough Company is the owner of the leasehold interest in such railroad for the period of the lease in- cluded in the said contract of 2ist February, 1900; and WHEREAS the Construction Company has entered into a con- tract with the City of New York for the construction, equipment and operation of a rapid transit railroad called the Brooklyn-Man- hattan Rapid Transit Railroad, which will connect with the said Manhattan-Bronx Rapid Transit Railroad at or near the City Hall in the Borough of Manhattan and will thence extend to a point at or near South Ferry in the said Borough and thence under the East River into and in the Borough of Brooklyn upon certain routes described in the said contract, which contract con- tains a lease of the said Brooklyn-Manhattan Rapid Transit Rail- road to the Construction Company for the period of thirty-five Passenger Traffic Agreement years from the date of the completion of the said railroad, together with a right to a renewal of the said lease for a further term of twenty-five years ; and WHEREAS it is provided in the said contract last mentioned and in the proposal made by the Construction Company to the said City upon the competition for the said contract as part of the consideration to the said City for the making of the said contract with the Construction Company that this present passenger traffic agreement should be entered into between the parties hereto; NOW, THEREFORE, IT IS AGREED AS FOLLOWS : FIRST: That during the said term of thirty-five years of the lease included in the said contract between the said City and the said Construction Company, and the term of any and every re- newal thereof, the Interborough Company will provide for every passenger over the said Brooklyn-Manhattan Rapid Transit Rail- road or any part thereof who shall desire the same transportation over all lines owned or leased by the Interborough Company with- out change of cars and for a single fare not exceeding five cents for one continuous trip, but subject to the provisions of the next article. SECOND: In case the Construction Company shall enter into an agreement with any railroad company owning a line connect- ing with any line of the Construction Company whereby the Con- struction Company shall agree to carry each passenger received from or to be delivered to such connecting line over the lines of such Construction Company without change of cars for a single fare, of which, under the said agreement, the Construction Com- pany shall receive less than five cents, then and in such case the Interborough Company will carry such passenger without change of cars and without further charge to the passenger and upon a continuous trip upon the lines of its railroad, but not to a point north of Fifty-ninth Street in the Borough of Manhattan. IN WITNESS WHEREOF the parties of the first and second parts have caused these presents to be executed by their proper officers under their respective corporate seals, and the City of New York has caused these presents to be executed by its Board of Rapid Transit Railroad Commissioners, executing the same by the Presi- 140 Passenger Traffic Agreement dent and Secretary of the said Board under the seal of the said Board, the day and year aforesaid. INTERBOROUGH RAPID TRANSIT CO., [CORPORATE SEAL.] By E. P. BRYAN, Vice-Prest. ATTEST: FREDERICK EVANS, Secretary. BOARD OF RAPID TRANSIT RAILROAD COM- MISSIONERS FOR THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By A. E. ORR, President. ATTEST : BION L. BURROWS, Secretary. RAPID TRANSIT SUBWAY CONSTRUCTION CO., By W. G. OAK MAN, [CORPORATE SEAL.] Vice-Prest. AUGUST BELMONT, President. ATTEST: FREDERICK EVANS, Secretary 141 Passenger Traffic Agreement STATE OF NEW YORK. ) ss * COUNTY OF NEW YORK ; J On this 25th day of September, in the year 1902, before me per- sonally came E. P. BRYAN, to me known, who being by me duly sworn, did depose and say, that he resided in the Borough of Man- hattan and City of New York ; that he is the Vice-President of the INTERBOROUGH RAPID TRANSIT COMPANY, the Corporation de- scribed in, and which executed the above instrument, that he knew the seal of said corporation, that the seal affixed to said instru- ment was such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. A. W. ANDREWS (36), [NOTARIAL SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK. ) ss COUNTY OF NEW YORK,J On this 25th day of September, in the year 1902, before me' personally came AUGUST BELMONT, to me known, who being by me duly sworn, did depose and say, that he resided in the County of Nassau in the State of New York, that he is the President of the RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, the Cor- poration described in, and which executed the above instrument, that he knew the seal of said Corporation, that the seal affixed to said instrument was such corporate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto by like order. A. W. ANDREWS (36), Notary Public, N. Y. Co. STATE OF NEW YORK. 1 ss ' COUNTY OF NEW YORK.J On this 27th day of September, 1902, at the City of New York, in said County, before me personally appeared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the President, and the said Bion L. 142 Passenger Traffic Agreement Burrows, the Secretary, of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Manhattan, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was affixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. SEYMOUR K. FULLER, [NOTARIAL SEAL.] Notary Public, Kings Co. Cert, filed in New York Co. 143 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD. WITH RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, CONTRACTOR. Contract o. 2. AGREEMENT MODIFYING CONTRACT FOR CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. SUBSTITUTION OF CONTINUING BOND FOR CONTRACTOR'S DEPOSIT. Dated, December 23, 1904. CONTINUING BOND AGREEMENT made this 23rd day of December, in the year Nineteen hundred and four, between THE CITY OF NEW YORK (hereinafter called the City), acting by the Board of Rapid Tran- sit Railroad Commissioners for the City of New York (herein- after called the Board), party of the first part, and RAPID TRAN- SIT SUBWAY CONSTRUCTION COMPANY (hereinafter called the Contractor), party of the second part, WITNESSETH : WHEREAS, Heretofore and on or about the 2ist day of July, 1902, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of the Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation ; and WHEREAS, Upon entering into said Contract for Construction and Operation, the Contractor deposited with the City the sum of One million dollars ($1,000,000) in cash as security for Con- struction and Operation, and also deposited with the City certain securities of the value of more than One million dollars ($1,000,- ooo) as a continuing deposit to secure the payment of rent under the lease part of said Contract, and also for the faithful perform- ance by the Contractor of all the covenants, conditions and re- quirements specified and provided for in said Contract ; and WHEREAS, The Contractor desires to substitute a continuing bond with sureties for the said continuing deposit of securities, and the Board approves of such substitution : Now, THEREFORE, in consideration of the premises, it is AGREED that the said Contract for Construction and Operation be, and the same hereby is, modified so as to provide that upon the receipt by the City, acting by the Board, from the Contractor of the bond as hereinafter mentioned, it may consent to the sur- render to the Contractor of the securities amounting in value to at least One million dollars ($1,000,000), deposited as a continu- ing deposit aforesaid, PROVIDED, however, and it is expressly agreed that this agreement shall take effect when, and only when, the Contractor shall give to the City in lieu of the said securities amounting in value to at least One million dollars ($1,000,000) so to be surrendered a bond in the amount of One million dollars 147 Continuing Bond ($1,000,000), upon which the said Contractor shall be principal, with sureties approved by the Board. Said bond shall be a con- tinuing security and shall provide for the prompt payment by the said Contractor of the amount of the annual rental specified in the Contract for Construction and Operation and also for the faithful performance by the Contractor of all the conditions, covenants and requirements specified and provided for in said contract. The said bond shall, except as to names of the sureties, be substantially in the form hereto annexed, entitled " Form of Bond." AND IT is FURTHER AGREED, that the said Contract for Construction and Operation be and the same hereby is mod- ified so as to provide that the Board may, in case of any of the sureties upon the said bond so to be given or upon any bond to be given in lieu thereof as hereinafter provided shall become in- solvent or unable, in the opinion of the Board, promptly to pay the amount of such bond to the extent of which such surety might be liable, then the Contractor, within thirty days after notice by the Board to the Contractor, shall, by supplemental bond or other- wise, substitute another and sufficient surety in place of the surety so insolvent or unable. If the Contractor shall fail within such thirty days or such further time as the Board may grant to so substitute another and sufficient surety, then the Contractor shall be' deemed, for all the purposes of the Contract for Con- struction and Operation and its modifications, to be in default in the performance of his or its obligations thereunder, and the Board may terminate the said Contract, or may bring any proper suit or proceeding against the Contractor or any of the sureties or either of them, or may require to be deducted from any moneys then in or thereafter coming into the hands of the City and due to the Contractor the amount for which the surety insolvent or unable as aforesaid shall have justified on said bond; and the moneys so deducted shall be held by the Comptroller as collateral security for the performance of the conditions of the said bond. AND IT is FURTHER AGREED, that the said Contract for Construction and Operation and the said Agreement for Modifica- tion of Contract be and they hereby are modified so as to provide that the Board may, at the request of the Contractor, and as al- lowed by law, substitute for any continuing bond or deposit given 148 Continuing Bond or made by the Contractor another bond or deposit to be approved by the Board, which said bond or deposit shall continue in lieu of said former bond or deposit. IN WITNESS WHEREOF, This contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners, under and by resolution duly adopted by said Board, concurred in by more than six of its members,' and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said Rapid Transit Subway Construction Company has caused its corporate seal to be hereto affixed and attested by its Secretary and these presents to be signed by its President, all the day and year first above written. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE SEAL.] By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By A. E. ORR, President. Attest : BION L. BURROWS, Secretary. 149 Continuing Bond APPROVAL BY COMPTROLLER. THE FOREGOING CONTRACT IS HEREBY AP- PROVED. Dated New York, December , 1904. EDWARD M. GROUT, Comptroller. APPROVAL BY CORPORATION COUNSEL. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. Dated New York, December , 1904. JOHN J. DELANY, Corporation Counsel. 150 Continuing Bond STATE OF NEW YORK. 1 ss ' COUNTY OF NEW YORK,J On this 26th day of January, 1905, at the City of New York, in said County, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be the said Alexander E. Orr, the President, and the said Bion L. Bur- rows, the Secretary of the Board of Rapid Transit Railroad Com- missioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the President of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York; that he was the Secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board, that one of the seals affixed to the foregoing instrument was such seal, and that the same was so affixed by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. Certificate filed in New York County. [NOTARIAL SEAL.] STATE OF NEW YORK, 1 ss COUNTY OF NEW YORK,J On this 23d day of January, 1905, before me personally ap- peared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in the County of Nassau, in the State of New York, that he is President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing contract; that he knew the corporate seal of said Company; that one of the seals affixed to Continuing Boivd said contract was such corporate seal; that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like authority. CHAS. W. SANDF'ORD, [NOTARIAL SEAL.] Notary Public No. 18, Kings County. Certificate filed in New York County. 152 Continuing Bond FORM OF BOND. KNOW ALL MEN BY THESE PRESENTS, That RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY (hereinafter called the Prin- cipal) and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and UNITED STATES FIDELITY AND GUARANTY COMPANY, both corporations of the State of Maryland, carrying on business in the State of New York, and having their respective offices and usual places of business at No. 35 Wall Street and 66 Liberty Street, in the City of New York, THE NATIONAL SURETY COM- PANY, a corporation of the State of New York, having its principal office at 346 Broadway, in the City of New York, THE ^ETNA INDEMNITY COMPANY, a corporation of the State of Connecticut, carrying on business in the State of New York and having its office and usual place of business at No. 68 William Street, in the City of New York, and the EMPIRE STATE SURETY COMPANY, a corporation of the State of New York, having its principal office at No. 156 Broadway, in the City of New York [hereinafter called the Sureties], are held and firmly bound unto the CITY OF NEW YORK [hereinafter called the City] in the penal sum of One million dollars ($1,000,000), lawful money of the United States of America, to be paid to the City, for which payment well and truly to be made the said Principal, and the said Sureties bind themselves, their successors and assigns, jointly and severally, firmly by these presents, as follows : The said Principal to be so held and bound in the full amount of the said One million dollars ($1,000,000) and each of the said Sureties to be so held and bound and bound only, as follows, that is to say : The said Fidelity and Deposit Company of Maryland, in the sum of Two hundred and fifty thousand dollars ($250,000) ; the United States Fidelity and Guaranty Company in the sum of Two hundred and fifty thousand dollars ($250,000) ; the National Surety Company in the sum of Two hundred and fifty thousand dollars ($250,000) ; the ^Etna Indemnity Company in the sum of One hundred thousand dollars ($100,000), and the Empire State Surety Company in the sum of One hundred and fifty thousand dollars ($150,000). 153 Continuing Bond IN WITNESS WHEREOF, the Principal and the Sureties have caused these presents to be duly executed by their respective of- ficers thereunto duly authorized and their respective corporate seals to be hereunto affixed this day of in the year of our Lord one thousand nine hundred and WHEREAS, the City, by its Board of Rapid Transit Railroad Commissioners (hereinafter called the Board) heretofore entered into a contract with the Principal, bearing date the 2ist day of July, 1902, for the construction and equipment, and after such construction and equipment shall be complete, then for the lease and operation of the Rapid Transit Railroad in the City of New York, particularly described in said contract ; and WHEREAS, upon entering into such contract the said principal deposited with the City as a continuing deposit certain securities of the value of more than one million dollars ($1,000,000) ; and WHEREAS, the said contract, by agreement between the City acting by the Board and the said Rapid Transit Subway Con- struction Company, dated the day of December, 1904, has been modified so as to provide that the City by the Board may surrender to the Contractor the securities, amounting in value to at least One million dollars ($1,000,000), deposited as aforesaid and to accept this bond in lieu of such original bond and of such securities ; and WHEREAS, the City, by the Board, has accordingly consented so to surrender the said securities, amounting in value to at least One million dollars ($1,000,000) 'deposited as aforesaid, and to accept this bond, in lieu of said securities ; and WHEREAS, such consent has been given, and such surrender of securities will be made, upon and only upon the faith and security of this bond; Now, THEREFORE, the condition of this obligation is such that if the above-bounden principal shall promptly pay the amount of the annual rental specified in said contract and shall also faith- fully perform all the conditions, covenants and requirements therein and in any modifications thereof, specified and provided, and in case of default on the part of the principal, as provided in Section 34 of the Rapid Transit Act, the principal shall pay the amount of the deficiency therein mentioned, then this obligation shall be null and void, but else it shall remain in full force and virtue. 154. Continuing Bond IT is EXPRESSLY AGREED between the City and the Sureties, and it is upon such agreement that the City accepts this bond, that the Sureties will and do waive any and every notice of default on the part of the principal; that they will and do permit the City to extend the time of the principal to make any payment or do any act; that no omission on the part of the City to give any notice or extension of time granted by or on behalf of the City shall be availed of by the Sureties as a defense upon this bond; that the Sureties shall not set up or have any defense upon this bond by reason of any alteration of the said contract heretofore made ; that the Sureties shall not set up or have any defense upon this bond by reason of any alteration of the said contract here- after made, unless such alteration shall be represented by formal written instrument, duly executed, between the City and the prin- cipal, which shall have been duly authorized by a vote of the Board; and that in case of any such future alterations, however made, the same shall be a defense to the Sureties only to the ex- tent of the actual injury or damage caused to the Sureties by said alteration. IT is EXPRESSLY AGREED between the City and the Sureties that the Sureties hereby assume all the obligations prescribed for sureties upon bonds like this by Chapter 4 of the Laws of 1891 and the various acts amendatory thereof (all such acts together being known as the "Rapid Transit Act"). THIS BOND shall be a continuing security to The City of New York for the entire term of thirty-five (35) years after the com- plete construction and equipment of the Rapid Transit Railroad, as prescribed in the said contract and the several modifications thereof, and the declaration of the Board that the said Railroad and its equipment are so complete. AND WHEREAS, the principal also deposited with the City, be- sides the securities above mentioned, the sum of One million dol- lars ($1,000,000) in cash as security for the performance by the said principal of some of the acts and things the performance of which is secured hereby. Now, THEREFORE, it is further expressly agreed between the City and the Sureties that the City shall be at liberty, in case of any default by the principal, against which this bond is given as security, to collect the loss or damage to the City caused thereby i.S5 Continuing Bond either from the Sureties on this bond or the sureties on such other bond or bonds, or out of the said deposit, or out of all such securities as the City may elect. [CORPORATE SEAL.] RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. UNITED STATES FIDELITY AND GUARANTY COMPANY, By Attest : FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By Attest : NATIONAL SURETY COMPANY, By Attest : THE MTNA INDEMNITY COMPANY, By Attest : THE EMPIRE STATE SURETY COMPANY, By Attest : 156 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD, WITH RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, CONTRACTOR. Contract J|o. 2. AGREEMENT MODIFYING CONTRACT FOR CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. BOROUGH HALL CHANGE OF ALIGNMENT. Dated, January 26, 1905. BOROUGH HALL CHANGE OF ALIGNMENT AGREEMENT made this 26th day of January, in the year nine- teen hundred and five, between THE CITY OF NEW YORK (here- inafter called the City), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called the Board), party of the first part, and RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY (hereinafter called the Con- tractor), party of the second part, WITNESSETH : WHEREAS heretofore and on or about the 2ist day of July, 1902, the City, acting- by the Board, entered into a contract with the Contractor for the construction and operation of the Rapid Transit Railroad in the City of New York and otherwise, as therein men- tioned ; and WHEREAS, upon entering into said contract for construction and operation, the Contractor deposited with the City cash and se- curities to the amount of two million dollars and upwards as se- curity in lieu of giving any bonds, and has not yet given any bonds and has no sureties ; and WHEREAS the plans and specifications of said railroad referred to in the contract require the construction of a third track or switch on a portion of Joralemon Street west of Borough Hall Station, and also on a portion of Fulton Street east of said Bor- ough Hall Station, and the parties desire to omit the said third track or switch on Joralemon Street west of the said Borough Hall Station, and to extend the said third track or switch on Fulton Street east of said Borough Hall Station, and they desire that the same shall be constructed in accordance with the plans herein- after mentioned, Now. THEREFORE, in consideration of the premises and the cov- enants and agreements hereinafter contained, it is agreed as fol- lows : The City and the Board, upon the request and approval here- inafter mentioned, hereby require: first, so much of the work and materials specified and provided to be done and furnished in said contract, to be omitted as is included in the construction of a third track or switch in Joralemon Street west of the Borough Hall Station ; second, so much additional work to be done and additional materials to be furnished as is required to extend the 159 Borough Hall Change of Alignment third track or switch easterly from the Borough Hall Station along Fulton Street to a point near Lawrence Street, so that the same shall be sufficient to hold two eight-car trains; third, the grade at the station to be raised four (4) feet, so as more closely to comply with the provisions in the route and general plans, which direct that "the roof of the tunnel, when under a street, shall be as near the surface of the street as grades and street con- ditions will conveniently permit " ; fourth, to change the align- ment at the said Borough Hall Station so that the same shall be upon a straight line and not upon a curve, and to change the align- ment of the tracks and switch east of the said station between Adams and Lawrence Streets by moving the same 'over to the north to such an extent as may be necessary to bring the east end of the Borough Hall Station on a straight line. The Contractor hereby requests the Board to make the forego- ing requirements and approves the same. AND IT is HEREBY FURTHER AGREED that the Contractor shall construct the said Borough Hall Station and the switch and tracks adjacent thereto along the lines shown, and in accordance with the plans hereto annexed marked "No. 328 Resident Engi- neer's I Office, Rapid Transit Subway Construction Company," dated January 5th, 1905. Detail plans, showing the method of construction in accord- ance with this agreement, shall be prepared and issued by the Chief Engineer of the said Board of Rapid Transit Railroad Com- missioners as soon as practicable hereafter. And it is further agreed that the reasonable value of the additional work and ma- terials required shall be paid to the Contractor, and the reasonable value of the work and materials required to be omitted shall be deducted from the amount to be paid to the Contractor for con- struction, as provided in the said contract bearing date July 21, 1902. IN WITNESS WHEREOF, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Com- missioners, under and by resolution duly adopted by said Board, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the said Rapid Transit Subway Construction Company has 160 Borough Hall Change of Alignment caused its corporate seal to be hereto affixed and attested by its Secretary and these presents to be signed by its President, all the day and year first above written. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE SEAL.] By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By A. E. ORR, President. Attest : BION L. BURROWS, Secretary. 161 Borough Hall Change of Alignment STATE OF NEW YORK, 1 ss ' COUNTY OF NEW YORK,] On the 26 day of Jany, 1905. before me personally appeared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resided in the Borough of Brooklyn, in the said City, that he was the president of the said Board and that he subscribed his name to the fore- going contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York, that he was the secretary of the said Board and that he subscribed his name thereto by like authority; and both the said Alexander E. Orr and Bion L. Burrows that they knew the seal of the said Board and that the same was af- fixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. Certificate filed in New York County. [NOTARIAL SEAL.] STATE OF NEW YORK, \ COUNTY OF NEW YORK,J On the 3rd day of Feby, 1905, before me personally appeared AUGUST BELMONT, to me known, who being by me first duly sworn, did depose and say, that he resided in Nassau County in the State of New York ; that he was the President of Rapid Tran- sit Subway Construction Company, one of the Corporations de- scribed in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals af- fixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [NOTARIAL SEAL.] Notary Public No. 18, Kings County. Cert, filed in N.Y. County. 162 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD. WITH RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, CONTRACTOR. Contract J2o. Z AGREEMENT MODIFYING CONTRACT FOR CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. ADDITIONAL TRACKS ON FULTON STREET AND FLATBUSH AVENUE, BOROUGH OF BROOKLYN. Dated 9 June, 1905. ADDITIONAL TRACKS AND SPURS AGREEMENT made this ninth day of June, in the year Nine- teen hundred and five, between THE CITY OF NEW YORK (here- inafter called the City), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called the Board), party of the first part, and RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, a corporation organized and existing under the laws of the State of New York (hereinafter called the Contractor), party of the second part: WHEREAS, Heretofore and on or about the 2ist day of July, 1902, the City, acting by the Board, entered into a contract with the Contractor for the construction and operation of a Rapid Transit Railroad in the City of New York and otherwise, as therein mentioned, the said contract being hereinafter styled the Contract for Construction and Operation ; and WHEREAS, The Contractor has deposited with Comptroller of the City certain security for the performance of the said Contract for Construction and Operation on his part and has given certain bonds as further security for such performance and upon such bonds there are sureties as follows : Fidelity and Deposit Company of Maryland, United States Fidelity & Guaranty Company, Na- tional Surety Company, The 2Etna Indemnity Company, and Em- pire State Surety Company ; and WHEREAS, The Contractor desires, and the Board approves a modification of the Routes and General Plan for the Rapid Tran- sit Railroad referred to in the said Contract for Construction and Operation as set forth in certain resolutions adopted by the Board on the I3th day of April, 1905, a copy of which is hereto annexed; and WHEREAS, the said modifications of the said Route and General Plans have been duly approved and consented to by the Board of Aldermen of The City of New York by resolution adopted the 2nd day of May, 1905, approved by the Mayor the 9th day of May, 1905. Now THEREFORE, in consideration of the premises and subject to the consents hereinafter provided, IT is AGREED that the said Contract for Construction and Operation including the Routes and General Plan therein set forth be, and the same hereby are, further modified as follows : 165 Additional Tracks and Spurs 1. By striking out from the said Routes and General Plan the words "For the whole of the route above described, including each of the branches and loops aforesaid, two parallel tracks." 2. By inserting in the said Routes and General Plan, in- stead of the words thus struck out, the following words, to wit : "For the portion of the route above described begin- ning at a point in the Borough of Brooklyn, in Joralemon Street opposite the Kings County Court House near the junction of Joralemon Street with Fulton Street and run- ning thence along Fulton Street to the end of the said route at or near the intersection of Flatbush Avenue with Atlantic Avenue, there shall be four tracks sub- stantially parallel and placed on substantially the same level, except at the following points where provision is to be made for connections with certain subways or tunnels which are expected to be hereafter constructed and which are expected to run as follows, that is to say : First Northwesterly under Fulton Street from its junction with Joralemon Street, Second Northwesterly from Flatbush Avenue under the proposed extension of Flatbush Ave- nue toward the Manhattan Bridge, Third Northeasterly from Flatbush Avenue under Lafayette Avenue, and Fourth Southerly from Flatbush Avenue under Fourth Avenue. At and near each of the said points, at which provision is now to be made for future connections, one or more additional tracks may be constructed as a part of the railway herein described, and any one or more of the tracks of said railway may be depressed below the remaining tracks as far as shall be found necessary in order to avoid grade crossings, but not exceeding twenty feet. Along the whole of that portion of the route above described which lies under Flatbush Avenue there may be an additional or fifth track for use as a siding. And for the remainder of the route above described, being all of the said route lying westerly from the Kings Coun- ty Court House both in the Borough of Brooklyn and in the Borough of Manhattan and including each of the branches and loops aforesaid, there shall be two parallel tracks." 3. By inserting after the words "No wall of the tunnel or part thereof shall" the words 166 Additional Tracks and Spurs "except along- the Southerly side of Fulton Street between Bond Street and Flatbush Avenue, and" so that the whole sentence shall read as follows, to wit: "No wall of the tunnel or part thereof shall, except along the Southerly side of Fulton Street between Bond Street and Flatbush Avenue, and except at the stations, station approaches, curves and places of access to sub- surface structures as hereinafter provided, be within a distance of five (5) feet of the exterior line or side of a longitudinal street of the route." IT is FURTHER AGREED that in all other respects the provisions of the Route and of the General Plan of Construc- tion set forth in the said Contract for Construction and Opera- tion shall be applicable to the portion of the route hereby substituted. AND IT is FURTHER AGREED the Contractor shall become entitled to additional payments for such additional work and materials as shall be made necessary by the changes hereby provided; the amounts of such additional payments to be determined as provided in Chapter II of the said Con- tract for Construction and Operation so far as such work and materials shall be supplied in or about providing connec- tions with subways which may be hereafter built under Fulton Street, the proposed extension of Flatbush Avenue, Lafayette Avenue or Fourth Avenue, including in the cost of such con- nections, the cost of constructing the approaches thereto, as shown on the drawing annexed to and forming part of this agreement and entitled " Proposed Four Track Subway," Sheet No. Afl. But so far as such work and materials shall be supplied in or about any other thing hereby provided for, then the amounts of the additional payments to be made to the con- tractor shall be only one-half of the amounts determined as provided in Chapter II of the said Contract for Construction and Operation. PROVIDED, however, and it is expressly agreed that this agreement shall take effect when and only when the following consents hereto and approvals hereof shall be duly had, to wit: FIRST. The consents as subjoined of Fidelity and Deposit Company of Maryland, United States Fidelity and Guaranty 167 Additional Tracks and Spurs Company, National Surety Company, The ./Etna Indemnity Company and Empire State Surety Company. SECOND. The consent of the owners of a majority in value of the property along those portions of Joralemon Street, Ful- ton Street and Flatbush Avenue, in the Borough of Brooklyn, which are above mentioned; or, if such consent cannot be obtained, then, in lieu thereof, the determination of three com- missioners to be appointed by the Appellate Division of the Supreme Court in the Second Department duly confirmed by the said Appellate Division. The plan hereto annexed is intended to show the modifica- tion of the routes as hereby proposed. IN WITNESS WHEREOF this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners, under and by a resolution duly adopted by said Board concurred in by more than six of its members, and the seal of the Board has been hereto affixed and these presents signed by the Vice-President and Sec- retary of the said Board, and Rapid Transit Subway Con- struction Company has also caused its seal to be hereto affixed and these presents to be signed by its President and Secretary, all on the day and year first above written. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By JOHN H. STARIN, Vice-President. Attest : BION L. BURROWS, Secretary. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE SEAL.] By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. APPROVAL BY CORPORATION COUNSEL. The foregoing agreement is hereby approved as to form. JOHN L. O'BRIEN, Acting Corporation Counsel. 168 Additional Tracks and Spurs COPY OF RESOLUTIONS OF APRIL 13, 1905. WHEREAS, this Board did, on the 24th day of January, 1901, adopt certain Routes and General Plan for a rapid transit rail- road in the City of New York, a copy of which is hereto an- nexed entitled "Copy Routes and General Plan adopted 24th January, 1905"; and WHEREAS, the said Routes and General Plan were afterwards duly approved by the municipal authorities of the City of New York, and were duly consented to by commissioners appointed by the Appellate Divisions of the Supreme Court both in the First and Second Departments, which consents were duly confirmed by the said Appellate Divisions, in lieu of the consent of the owners of a majority in value of the property along the said routes; and WHEREAS, thereafter, and on or about the 2ist day of July, 1902, the City of New York did by this Board enter into a certain contract with Rapid Transit Subway Construction Company for the construction and operation of the said rapid transit railroad ; and WHEREAS, it is the interest of the City of New York, and, in the opinion of the said Rapid Transit Subway Construc- tion Company, it is likewise in its interest as such contractor, and the said Company desires that said Routes and Plan shall be changed in the respect hereinafter mentioned, but without other change in the said Routes and General Plan. Now, therefore, it is RESOLVED, That, subject to the consents and approvals to be first obtained as in this resolution hereinafter mentioned the said Routes and General Plan heretofore adopted by this Board be, and they hereby are, modified as follows: 1. By striking out from the said Routes and General Plan the words "For the whole of the route above described, including each of the branches and loops aforesaid two parallel tracks." 2. By inserting in the said Routes and General Plan, in- stead of the words thus struck out, the following words, to wit: 169 Additional Tracks and Spurs "For the portion of the route above described begin- ning at a point in the Borough of Brooklyn in Joralemon Street opposite 'the Kings County Court House near the junction of Joralemon Street with Fulton Street and run- ning thence along Fulton Street to the end of the said route at or near the intersection of Flatbush Avenue with Atlantic Avenue, there shall be four tracks sub- stantially parallel and placed on substantially the same level, except at the following points where provision is to be made for connections with certain subways or tunnels which are expected to be hereafter constructed and which are expected to run as follows, that is to say : First Northwesterly under Fulton Street from its junction with Joralemon Street, Second Northwesterly from Flatbush Avenue under the proposed extension of Flatbush Ave- nue toward the Manhattan Bridge, Third Northeasterly from Flatbush Avenue under Lafayette Avenue and Fourth Southerly from Flatbush Avenue under Fourth Avenue. At and near each of the said points, at which provision is now to be made for future connections, one or more additional tracks may be constructed as a part of the railway herein described, and any one or more of the tracks of said railway may be depressed below the remaining tracks as far as shall be found necessary in order to avoid grade crossings, but not exceeding twenty feet. Along the whole of that portion of the route above described which lies under Flatbush Avenue there may be an additional or fifth track for use as a siding. And for the remainder of the route above described, being all of the said route lying westerly from the Kings Coun- ty Court House both in the Borough of Brooklyn and iij the Borough of Manhattan and including each of the branches and loops aforesaid, there shall be two parallel tracks." 3. By inserting after the words "No wall of the tunnel or part thereof shall" the words "except along the Southerly side of Fulton Street between Bond Street and Flatbush Avenue, and" so that the whole sentence shall read as follows, to wit : "No wall of the tunnel or part thereof shall, except along the Southerly side of Fulton Street between Bond Street and Flatbush Avenue, and except at the stations, station approaches, curves and places of access to sub- surface structures as hereinafter provided, be within a distance of five (5) feet of the exterior line or side of a longitudinal street of the route." And it is further 170 Additional Tracks and Spurs RESOLVED, that whereas this Board has duly made the in- quiries and investigations necessary or proper in the premises, and has determined that the modifications aforesaid of the said Routes and General Plan is necessary for tlie interests of the public and of the City of New York and should be established as hereinafter provided, this Board does hereby determine and establish the said Routes and General plan as hereby modified, subject to the consents and approvals to be first obtained as hereinafter mentioned. And it is further RESOLVED,, that the said modifications of the Routes and General Plan shall take effect only upon and after the follow- ing consents thereto and approvals thereof shall be duly had, to wit : 1. The consent of the Rapid Transit Subway Construction Company, contractor, and of its sureties, as follows: Fidelity and Deposit Company of Maryland, United States Fidelity and Guaranty Company ; The National Surety Company ; The JEtna. Indemnity Company; and Empire State Surety Com- pany. 2. The consent of the Board of Aldermen of the City of New York or such other local authorities as may have the control of the portions of Joralemon Street, Fulton Street and Flatbush Avenue in the Borough of Brooklyn above men- tioned. 3. The consent of the Mayor of the City of New York. 4. The consent of the owners of a majority in value of the property along streets or such portions of streets as are in- cluded in the portion of routes by these resolutions proposed to be modified as aforesaid ; or, if such consents cannot be obtained, then, in lieu thereof, the determination of three com- missioners to be appointed by the Appellate Division of the Supreme Court in the Second Department, duly confirmed by the said Appellate Division. And it is further RESOLVED, that this Board hereby adopts the drawing now produced and entitled "Proposed Four Track Subway show- ing Two Track Connections with extensions on Fourth Ave- nue, Lafayette Avenue, Fulton Street and Flatbush Avenue Extension," as showing in substance the modification hereby adopted. 171 Additional Tracks and Spurs I certify that the above are true copies of resolutions adopt- ed by the Board of Rapid Transit Railroad Commissioners at its meeting held on the I3th day of April, 1905, seven Com- missioners being- present and all voting in favor thereof. In Witness Whereof I have hereunto set my hand and the seal of the Board this i/th day of April, 1905. BION L. BURROWS, [SEAL OF THE BOARD.] Secretary. 172 Additional Tracks and Spurs Copy Routes and General Plan. Adopted 24 January, 1901. The center line of the route shall commence at a point in the Borough of Manhattan at or near the intersection of Broad- way with Park Row, being- the point of commencement of the rapid transit railroad now under construction upon the routes adopted by the B.oard of Rapid Transit Railroad Com- missioners of the City of New York, by resolutions of the I4th day of January and 4th day of February, 1897; an d such center line shall run thence under Broadway and Bowling Green to State Street; thence under State Street and Battery Park to Whitehall Street, and thence under and across White- hall Street and South Street to the East River; thence under the East River to the Borough of Brooklyn at a point in Joralemon Street between the East River and Furman Street ; thence under Joralemon Street to Fulton Street ; thence under Fulton Street to Flatbush Avenue ; thence under Flatbush Avenue to a point at or near its intersection with Atlantic Avenue. The route shall also include a branch or loop, the center line of which shall begin at the point which shall be found most convenient in Broadway between Bowling Green and Exchange Place, and shall run thence under Broadway to Bowling Green and thence under Bowling Green to State Street ; thence under and across the line of State Street tc Battery Park ; thence under Battery Park to Whitehall Street ; thence returning under Whitehall Street, Battery Park, and State Street to Broadway. The route shall also include suitable tracks and connections in the nature of loops under the City Hall Park and around the City Hall in the Borough of Brooklyn. Wherever the route passes from one street to another, or from the street to the river, or from the river to a street, the route may pass under private property so far as may be convenient for the purposes of the curve or grade of the railway. The said general plan of construction hereby adopted is as follows : For the whole of the route above described, including each of the branches and loops aforesaid, two parallel tracks placed on the same level except that, wherever required by special necessities of surface or subsurface structures, or other spe- cial or local necessities, or for the purpose of avoiding grade crossings, either track may be depressed below the other track to a depth of not more than fifty feet; but the limitation as to level of the two tracks shall not apply to the portions of the route under the East River. The tracks shall be standard gauge, that is to say, of a width of four feet eight and one- half inches between the rails. 173 Additional Tracks and Spurs The tracks may at any point of the route (or of the branches or loops therein included) be placed in the same tunnel; or there may be a separate tunnel for each track; as shall be most convenient; and there shall be a width in the tunnels for each track not exceeding fifteen feet, except that at sta- tions, switches, turnouts, curves and cross-overs the width may be increased, provided, however, that the tracks shall be placed under the central part of the longitudinal street of the route, so far as may be practicable and convenient. No wall of the tunnel or part thereof shall, except at the stations, station approaches, curves, and places of access to subsurface structures as hereinafter provided, be within a distance of five (5) feet of the exterior line or side of a longitudinal street of the route. The roof of the tunnel when under a street shall be as near the surface of the street as grades and street conditions will conveniently permit. The tunnel shall not be less than thirteen feet high in the clear. Wherever neces- sary to the proper support of a street surface the roof of the tunnel or tunnels shall be of iron or steel girders, with brick or concrete arches, supported by iron or steel columns and masonry walls, or the roof shall be a masonry arch, or the whole of the lining may be of iron. Adjacent tracks shall be connected by necessary and suitable switches and connections and an additional track for siding accommodations may be constructed not to exceed in length one quarter of a mile for each mile of roadway; and wherever along any part of the route it shall be necessary for the proper maintenance or accommodation of pipes, wires, sewers, and other subsurface structures, the width of the tunnel may be enlarged on either or both sides by an additional width not to exceed fifteen feet, provided always that the limits hereinbefore provided as to longitudinal streets of the route shall be observed. All or any pipes, wires, sewers, and other subsurface structures may be placed in suitable galleries to be constructed within the additional width hereinbefore permitted. At each cross street where accommodation for pipes, wires, sewers and other subsurface structures shall be those provided within the tunnel, the tunnel may, in order to provide convenient access to the same, have within the limit of the sides or exterior lines of such cross streets or such lines produced, an additional width on each side of the route not to exceed fifteen feet, provided always that the limits hereinbefore provided as to longitudinal streets of the route shall be observed. Pipes, wires, sewers, and other subsurface structures shall, at any part of the said route, be removed and disturbed only when necessary for the construction and operation of the tunnel, and if removed or disturbed shall be placed under the streets in such manner and in such location that the use and service thereof shall not be permanently impaired. Such pipes, wires, 174 Additional Tracks and Spurs sewers, and other subsurface structures shall be left or shall be so arranged as to give free access for their repair or altera- tion and for the placing with them, so far as there may be space, of new pipes, wires, sewers, and other like structures, and for making connections between the same and abutting buildings at any time. Stations and station approaches shall, so far as practicable, be at the intersection of streets and shall be built under streets or through private property to be ac- quired for the purpose, or both under streets and through private property as aforesaid. The streets under which sta- tions or station approaches shall be built may include cross streets; but no part of any cross streets shall be used for a station or station approach at a distance greater than seventy- five feet from the exterior line or side of the street of the route. The word "street" wherever used herein, shall include an avenue, park, or public place. The general mode of operation shall be by electricity or some other power not requiring combustion within the tun- nels, and the motors shall be capable of moving trains at a speed of not less than forty miles per hour, .exclusive of stops. The manner of construction shall be by tunneling or open excavation. J75 Additional Tracks and Spurs STATE OF NEW YORK, ) ss ' COUNTY OF NEW YORK,] On this 1 5th day of June, 1905, at the City of New York, in said County, before me personally appeared John H. Starin and Bion L. Burrows, to me known and known to me to be the said John H. Starin, the Vice-President, and the said Bion L. Burrows, the Secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York; and the said John H. Starin and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said John H. Starin, that he resided in the Borough of Brooklyn, in the said City, that he was the Vice-President of the said Board and that he subscribed his name to the foregoing contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resided in the Borough of Brooklyn, in the said City of New York ; that he was the Secretary of the said Board and that he subscribed his name thereto by like authority; and both the, said John H. Starin and Bion L. Burrows that they knew the seal of the said Board, that one of the seals affixed to the foregoing instrument was such seal, and that the same was so affixed by the authority of the said Board and of a resolution duly adopted by the same. [NOTARIAL SEAL.] H. A. D. HOLLMANN, Notary Public for Kings County, N. Y. Certificate filed in New York County. STATE OF NEW YORK.. ] ss * COUNTY OF NEW YORK,J On this Qth day of June, 1905, before me personally appeared August Belmont, to me known, who being by me first duly sworn, did depose and say, that he resided in Hempstead, Nassau County, in the State of New York, that he is President of Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing contract ; that he knew the corporate seal of said Company : that one of the seals affixed to said contract was such corporate seal ; that it was affixed thereto by order of the Board of Directors of said Cojnpanv, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [NOTARIAL SEAL.] Notary Public, No. 18, Kings County. Cert, filed in N. Y. County. 176 Additional Tracks and Spurs The undersigned being the sureties of RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, the Contractor above men- tioned, upon the continuing bond in the penalty of One million dollars ($1,000,000) above mentioned, hereby consent to the mak- ing of the foregoing instrument. Dated, New York, June pth, 1905. UNITED STATES FIDELITY AND GUARANTY COMPANY, [CORPORATE SEAL.] By CHAS. O. SCULL, Vice-Presdt. Attest : ALBERT H. BUCK, Ass't-Secy. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [CORPORATE SEAL.] By HENRY B. PLATT, Vice-Pres't. Attest : HUGH M. ALLWOOD, Attorney in Fact. NATIONAL SURETY COMPANY, [CORPORATE SEAL.] By WM. B. JOYCE, President. Attest : SAMUEL H. SHRIVER, Secretary. THE ^TNA INDEMNITY COMPANY, [CORPORATE SEAL.] By BEEKMAN HUNT, First Vice-President. Attest : WYLLYS BENEDICT, Assistant Secretary. THE EMPIRE STATE SURETY COMPANY, [CORPORATE SEAL.] By WILLIAM M. TOMLINS, JR., President. Attest : DANIEL STEWART, Secretary. 177 Additional Tracks and Spurs STATE OF MARYLAND. ) ss CITY OF BALTIMORE, ( On the 1 3th day of June, 1905, before me personally appeared Chas. O. Scull, to me known, who being by me first duly sworn, did depose and say that he resided in Baltimore in the State of Maryland; that he was the Vice-President of the United States Fidelity & Guaranty Company, one of the corporations described in and which executed the foregoing bond; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. [NOTARIAL SEAL.] A. D.. PATRICK, Notary Public. STATE OF MARYLAND. ) ~ \ Set.: No. 892. BALTIMORE CITY, ^ I hereby certify, that A. D. Patrick, Esquire, before whom the annexed affidavit was made, and who has thereto subscribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn, and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said notary, and verily believe the signature to be his genuine signature. IN TESTIMONY WHEREOF, I hereto set my hand, and affix the seal of the Superior Court of Balti- more City, the same being a Court of Record, this I3th day of June, 1905. [OFFICIAL SEAL.] ROBT. OGLE, Clerk of the Superior Court of Baltimore. STATE OF NEW YORK. 1 ss " COUNTY OF NEW YORK,J On the 1 2th day of June, 1905, before me personally appeared Henry B. Platt, to me known, who being by me first duly sworn, I 7 8 Additional Tracks and Spurs I * did depose and say that he resided at Borough of Manhattan, N. Y. City, in the State of New York; that he was the Vice- president of Fidelity and Deposit Company of Maryland, one of the corporations described in and which executed the fore- going bond; that he knew the corporate seal of said company; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Di- rectors of such company, and that he signed his name thereto by like authority. [NOTARIAL SEAL.] R. M. NEUMANN, Notary Public, N. Y. Co. STATE OF NEW YORK. ) ss * COUNTY OF NEW YORK,J On the I4th day of June, 1905, before me personally appeared William B. Joyce, to me known, who being by me first duly sworn, did depose and say that he resided in Borough of Man- hattan, N. Y. City, in the State of New York; that he was the President of National Surety Company of New York, one of the corporations described in and which executed the foregoing bond ; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Di- rectors of such company, and that he signed his name thereto by like authority. [NOTARIAL SEAL.] R. M. NEUMANN, Notary Public, N. Y. Co. STATE OF NEW YORK. 1 ss * COUNTY OF NEW YORK,J On the I2th day of June, 1905, before me personally appeared Beekman Hunt, to me known, who being by me first duly sworn, did depose and say that he resided in the Borough of Manhattan, N. Y. City, in the State of New York; that he was the 1st Vice- President of The ./Etna Indemnity Company, one of the corpora- tions described in and which executed the foregoing bond; that he knew the corporate seal of said company ; that one of the seals 179 Additional Tracks and Spurs affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. [NOTARIAL SEAL.] R. M. NEUMANN, Notary Public, N. Y. Co. STATE OF NEW YORK, ) . ' i gg COUNTY OF NEW YORK,} On the I2th day of June, 1905, before me personally appeared William M. Tomlins, Jr., to me known, who being by m ' COUNTY OF NEW YORK,J On this i /th day of November, 1905, before me personally ap- peared WILLIAM B. JOYCE, to me known, who, being by me first duly sworn, did depose and say that he resided in the Borough of Manhattan, City of New York, and was the President of National Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said Company; that the seal affixed to said com sent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such Company, and that he signed his name thereto by like order. A. W. ANDREWS, Notary Public (42), New York County. STATE OF NEW YORK, ) cc COUNTY OF NEW YORK,J On the I4th day of November, 1905, before me personally ap- peared BEEKMAN HUNT, to me known, who being by me first duly 190 Assignment to Intcrborongh Company sworn, did depose and say that he resided in the Borough of Man- hattan, N. Y. City, in the State of New York; that he was the ist Vice-President of the .-Etna Indemnity Company, one of the cor- porations described in and which executed the foregoing bond ; that he knew the corporate seal of said Company, that one of the seals affixed to said consent was such corporate seal, that it was affixed thereto by order of the Board of Directors of such Com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, Notary Public, N. Y. Co. STATE OF NEW YORK. 1 ss ' COUNTY OF NEW YORK,J On the I4th day of November, 1905, before me personally ap- peared DANIEL STEWART, to me known, who being by me first duly sworn, did depose and say that he resided in Borough of Brooklyn, N. Y. City, in the State of New York; that he was Acting Vice-President of The Empire State Surety Company, one of the corporations described in and which executed the fore- going bond ; that he knew the corporate seal of said Company, that one of the seals affixed to said consent was such corporate seal, that it was affixed thereto by order of the Board of Directors of such Company, and that he signed his name thereto by like authority. A. W. ANDREWS, [NOTARIAL SEAL.] Notary Public (42), N. Y. Co. 191 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD, WITH RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY AND INTERBOROUGH RAPID TRANSIT COMPANY AGREEMENT CONSENTING TO ASSIGNMENT OF CONTRACT NO. 2 FOR THE MAINTEN- ANCE, OPERATION AND EQUIPMENT OF RAPID TRANSIT RAILROAD. Dated, August 10th, 1905. CONSENT TO ASSIGNMENT AGREEMENT made this loth day of August, 1905, by and between the CITY OF XEW YORK (acting by its Board of Rapid Transit Railroad Commissioners), party of the first part, RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, a corporation duly organized and existing under the laws of the State of New York, party of the second part, and INTERBOROUGH RAPID TRANSIT COMPANY, a corporation duly organized and existing under the laws of the State of New York, party of the third part, WIT- NESSETII : WHEREAS, the said Rapid Transit Subway Construction Com- pany heretofore entered into a contract with the City of New York (acting by the Board of Rapid Transit Railroad Commis- sioners for the City of Xew York), bearing date the 2ist day of July, 1902. for the construction, equipment and operation of a rapid transit railroad in the City of Xew York, which contract (hereinafter called rapid transit contract No. 2) was thereafter modified by certain agreements supplemental thereto and amenda- tory thereof; and WHEREAS, the said Rapid Transit Subway Construction Com- pany has assigned or is about to assign unto Interborough Rapid Transit Company, by an instrument bearing even date herewith, with the consent in writing of the sureties upon the bond given by said Rapid Transit Subway Construction Company pursuant to said contract, so much of the said contract as provides for the maintenance and operation of the railway therein described, in- cluding the obligation to provide all equipment for the same, sub- ject to all the terms and conditions in said contract contained with respect to such maintenance and operation and with respect to the equipment of the said railroad, to which assignment reference is hereby had. and the said parties have requested the said Board of Rapid Transit Railroad Commissioners to consent to the said assignment as provided by law ; and WHEREAS, the said Board of Rapid Transit Railroad Commis- sioners is willing to consent to such assignment, but only upon the execution and delivery to said Board for said City of this instrument. 195 Consent to Assignment Now, THEREFORE, IN CONSIDERATION of the premises and of the covenants hereinafter contained, The City of New York, by its said Board of Rapid Transit Railroad Commissioners hereby con^ sents to the said assignment to Interborough Rapid Transit Com- pany and to the execution of the said instrument bearing even date herewith. And the said Interborough Rapid Transit Company hereby cove- nants to and with The City of New York that it is, and shall here- after in all respects be, bound to The City of New York with respect to the equipment of the said railroad mentioned in the said instrument and every portion thereof and all obligations what- soever of the contractor under or by reason of the leasing pro- visions of said rapid transit contract No. 2 and all obligations thereof or thereunder which relate in any way to the maintenance or operation of the railroad in the said rapid transit contract de- scribed, and does hereby agree to carry out and perform each and every of the said obligations as fully as the Contractor has been or is bound to do in and by the said rapid transit contract No. 2. And the said Interborough Rapid Transit Company fur- ther covenants to and with the City that the said Rapid Transit Subway Construction Company, its successors and assigns, shall fully perform all the obligations and comply with all the provis- ions and terms of said contract which are not assigned to and assumed by said Interborough Rapid Transit Company in and by the said instrument bearing even date herewith. This agreement shall bind the parties hereto, their respective successors and assigns. PROVIDED FURTHER, and it is expressly agreed, that this agree- ment shall take effect when, and only when, the following consents hereto and approvals hereof shall be duly had to wit, the con- sents as subjoined of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, THE UNITED STATES FIDELITY AND GUARANTY COM- PANY, the NATIONAL SURETY COMPANY, the ^ETNA INDEMNITY COMPANY and the EMPIRE STATE SURETY COMPANY. IN WITNESS WHEREOF, ihe party of the first part has caused these presents to be duly executed by its said Board of Rapid Transit Railroad Commissioners under the seal of the said Board, and the parties of the second and third parts respectively have 196 Consent to Assignment caused these presents to be duly executed by their proper officers under their corporate seals the day and year first above written. THE CITY OF NEW YORK, BY THE BOARD OF RAPID TRANSIT RAILROAD COMMIS- SIONERS OF THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By A. E. ORR, President. Attest : BION L. BURROWS, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY, [CORPORATE SEAL.] By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE SEAL.] By AUGUST BELMONT, President. Attest : H. M. FISHER, Secretary. 197 Consent to Assignment STATE OF NEW YORK. ) ss ' COUNTY OF NEW YORK,] On this 28th day of September, in the year 1905, before me per- sonally came AUGUST BELMONT, to me known, who, being by me duly sworn, did depose and say that he resided in Hempstead, Nassau County, New York; that he is the President of the Inter- borough Rapid Transit Company, the corporation described in and which executed the above instrument; that he knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. CHAS. W. SANDFORD, [NOTARIAL SEAL.] Notary Public, No. 18, Kings County. Cert, filed in N. Y. County. STATE OF NEW YORK, j On this 28th day of September. 1905, before me personally came AUGUST BELMONT, to me known, who, being by me first duly sworn, did depose and say that he resided in the Town of Hemp- stead, Nassau County, New York; that he was President of the Rapid Transit Subway Construction Company, the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation, that the seal affixed to said instrument was such corporate seal, that it was affixed thereto by order of the Board of Directors of the said corporation, and that he signed his name thereto by like order. CHAS. W. SANDFORD. [NOTARIAL SEAL.] Notary Public, No. 18, Kings County. Cert, filed in N. Y. County. STATE OF NEW YORK. / V. ;g COUNTY OF NEW YORK,] ' On this loth day of November, 1905, at the City of New York, in said County, before me personally appeared ALEXANDER E. ORR and BION L. BURROWS, to me known and known to me to be the 198 Consent to Assignment said Alexander E. Orr. the president, and the said Bion L. Bur- rows, the secretary of the Board of Rapid Transit Railroad Com- missioners for the City of Xew York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alex- ander Orr, that he resided in the Borough of Brooklyn, in the said City; that he was the president of the said Board and that he subscribed his name to the foregoing consent by virtue of the authority thereof ; and the said Bion L. Burrows, that he resided in the Borough of Manhattan, in the said City of New York, that he was the secretary of the said Board, and that he subscribed his name thereto by like authority; and both the said Aexander E. Orr and Bion L. Burrows that they knew the seal of the said Board, that one of the seals affixed to the above instrument was such seal and that the same was affixed to the foregoing instru- ment by the order of the said Board and of a resolution duly adopted by the same, and that they signed their names thereto by like order. H. A. D. HOLLMANN, [NOTARIAL SEAL.] Notary Public, Kings County, N. Y. Certificate filed in N. Y. Co. 199 Consent to Assignment THE UNDERSIGNED, being the sureties of Rapid Transit Sub- way Construction Company, the Contractor above mentioned, upon the continuing bond in the penalty of One Million Dollars ($1,000,000), the liability of each being limited to the amounts in said continuing bonds respectively specified, hereby severally consent to the making of the foregoing instrument. Dated New York, August loth, 1905. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, By HENRY B. PLATT, [CORPORATE SEAL.] Vice-President. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, By CHAS. O. SCULL, [CORPORATE SEAL.] President. Attest : ALBERT H. BUCK, Asst. Secretary. NATIONAL SURETY COMPANY, By WM. B. JOYCE, [CORPORATE SEAL.] President. Attest : DAVID W. ARMSTRONG, JR., Asst. Secretar. THE ^ETNA INDEMNITY COMPANY, By BEEKMAN HUNT, [CORPORATE SEAL.] First Vice-President. Attest : WYLLYS BENEDICT, Assistant Secretary. THE EMPIRE STATE SURETY COMPANY, By DANIEL STEWART, [CORPORATE SEAL.] Acting Vice-President. Attest : WALTER J. HONE, Secretary. 200 Consent to Assignment STATE OF NEW YORK. ) ss * COUNTY OF NEW YORK,] On the I4th day of November, 1905, before me personally ap- peared HENRY B. PLATT, to me known, who, being by me first duly sworn, did depose and say that he resided at Borough of Manhattan, N. Y. City, in the State of New York; that he was the Vice-President of Fidelity and Deposit Company of Mary- land, one of the corporations described in and which executed the foregoing bond ; that he knew the corporate seal of said Com- pany ; that one of the seals affixed to said consent was such cor- porate seal; that it was affixed thereto by order of the Board of Directors of such Company, and that he signed his name thereto by like authority. A. W. ANDREWS, Notary Public (42), N. Y. Co. STATE OF MARYLAND.) ss CITY OF BALTIMORE, j On this 1 5th day of November, 1905, before me appears Chas. O. Scull, Vice President of The United States Fidelity and Guar- anty Company, of Baltimore City, Maryland, with whom I am personally acquainted, who being by me duly sworn, says that he is Vice-President of the The United States Fidelity and Guaranty Company ; that he knows the corporate seal of the Company ; that the seal affixed to the foregoing instrument is such corporate seal ; that it was affixed by the order of the Board of Directors of said Company ; that he signed said instrument as Vice-President of said Company by like authority. The said Chas. O. Scull further says that he is acquainted with Albert H. Buck and knows him to be the Asst. Secretary of the said The United States Fidelity and Guaranty Company ; that the signature of the said Albert H. Buck subscribed to the said instrument is the genuine hand- writing of the said Albert H. Buck, and was thereto subscribed by like order of the said .Board of Directors. A. D. PATRICK, . [NOTARIAL SEAL.] Notary Public. My commission expires ist Monday May, 1906. 20 1 Consent to Assignment i STATE OF MARYLAND.) r> r i SCT - : NO BALTIMORE CITY, j I HEREBY CERTIFY, That A. D. Patrick Esquire, before whom the annexed affidavits were made, and who has thereto sub- scribed his name, was at the time of so doing, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn, and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the hand- writing of the said Notary, and verily believe the signature to be his genuine signature. IN TESTIMONY WHEREOF, I hereto set my hand and affix the seal of the Superior Court of [OFFICIAL SEAL.] Baltimore City, the same being a Court of Record, this i5th day of November, 1905. ROBT. OGLE, Clerk of the Superior Court of Baltimore City. STATE OF NEW YORK, ) ss. ; COUNTY OF NEW YORK.J On the 1 7th day of November, 1905, before me personally ap- peared WILLIAM B. JOYCE, to me known, who, being by me first duly sworn, did depose and say that he resided in the Borough of Manhattan, City of New York, and was the President of the National Surety Company of New York, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such Company, and he signed his name thereto by like order. A. W. ANDREWS, Notary Public (42), N. Y. Co. STATE OF NEW YORK. ) ss * COUNTY OF NEW YORK,| On the I4th day of November, 1905, before me personally ap- peared BEEKMAN HUNT, to me known, who, being by me first 202 Consent to Assignment duly sworn, did depose and say that he resided in the Borough of Manhattan, N. Y. City, in the State of New York ; that he was the ist Vice-President of The ^tna Indemnity Company, one of the corporations described in and which executed the foregoing bond ; that he knew the corporate seal of such Company ; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such Com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, Notary Public (42), N. Y. Co. STATE OF NEW YORK. ) ss * COUNTY OF NEW YORK,] On the 14 day of November, 1905, before me personally ap- peared DANIEL STEWART, to me known, who, being by me first duly sworn, did depose and say that he resided in Borough of Brooklyn, N. Y. City, in the State of New York; that he was Acting Vice-Prasident of The Empire State Surety Company, one of the corporations described in and which executed the foregoing bond ; that he knew the corporate seal of said Company ; that one of the seals affixed to said consent was such corporate seal ; that it was affixed thereto by order of the Board of Directors of such Company, and that he signed his name thereto by like authority. A. W. ANDREWS, [NOTARIAL SEAL.] Notary Public (42), N. Y. Co. 203 THE CITY OF NEW YORK, BY ITS RAPID TRANSIT BOARD, WITH RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, AND INTERBOROUGH RAPID TRANSIT COMPANY Contract Jlo. Z AGREEMENT MODIFYING CONTRACT FOR CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. COMPUTATION OF RENTALS. Dated, 14 December, 1905. COMPUTATION OF RENTALS AGREEMENT made .this I4th day of December, in the year one thousand nine hundred and five, between THE CITY OF NEW YORK (hereinafter called "the City"), acting by the Board of Rapid Transit Railroad Commissioners for the City of New York (hereinafter called "the Board"), party of the first part., and RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY (herein after called " the Contractor ") and INTERBOROUGH RAPID TRAN- SIT COMPANY'" (hereinafter called "Interborough Company") parties of the second part. WHEREAS, the City, acting by the Board, heretofore entered into a contract with the Contractor, bearing date the 2ist day of July, 1902, for the construction and operation of a rapid transit railroad in the City of New York (hereinafter called "the Railroad"), which contract has since been modified in certain particulars by certain agreements between the parties, and which contract as so modified is hereinafter called " Con- tract No. 2. "; and WHEREAS, by Contract No. 2. the City let the Railroad to the Contractor for the term therein mentioned, the said term to be thirty-five years and to run from the date on which the Railroad should be declared by the Board to be ready for op- eration ; and WHEREAS, by written instruments bearing date the 10th day of August, 1905, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned unto Interborough Company the right or obligation to main- tain and operate the Railroad for the term of years specified in the said contract and all rights included in the leasing pro- visions of the said contract, together with the obligation to provide equipment for said Railroad, and the said company also guaranteed the performance by the Contractor of the pro- visions of the contract not so assigned to it; and WHEREAS, the Contractor opened for operation a portion of the Railroad from the northern terminus of the road to the Fulton Street station, including the eastern platform of said station, and began passenger traffic on said portion of the Railroad on Monday, January 16, 1905 ; and the Contractor opened for operation that portion of the Railroad lying be- tween Fulton and Rector Streets, including both the east and west sides of the Wall Street station, and also the west side of 207 Computation of Rentals the Fulton Street station, and began passenger traffic on said portion of the Railroad on Monday, June 12, 1905; and the Contractor opened for operation that portion of the Railroad lying south of the Wall Street station to and including the South Ferry station, and began passenger traffic on said por- tion of the Railroad on Monday, July 10, 1905; all of which was authorized and approved by the Board, subject to pay- ment of rental as provided in the contract; and WHEREAS, Contract No. 2 provides that the rental shall be- gin on the date of the declaration of the Board that the Rail- road is ready for operation, or, if the Board shall so direct, the date when passenger traffic on the Railroad shall begin, but fails to provide fully for ascertaining the amount of rental to be paid in case less than the entire Railroad is declared to be ready for operation, and doubts have therefore arisen as to the manner in which the rental should be ascertained in re- spect to those portions of the Railroad which have been oper- ated from and after January 16, 1905, as aforesaid; and the parties of the second part desire and request a further modifi- cation of the contract so as to remove such doubts and also so as to provide a method for ascertaining the rental to be paid on such portions of the Railroad less than the whole as may be put in operation from time to time hereafter. Now, THEREFORE, THIS AGREEMENT wiTNESSETH that in con- sideration of the terms and subject to the consents hereinafter provided, it is AGREED as follows : FIRST: The Interborough Company shall and will pay the City rental for the portions of the Railroaxl above described as fol- lows : (A.) With respect to that portion of the Railroad operated as aforesaid beginning January 16, 1905, rental shall be fixed and ascertained in the following manner, viz : the cost of the said portion shall for the purposes of this agreement (and for no other purpose) be taken and assumed to be the sum of $27,397.26, being such a proportion of Two million dollars (the contract price of the entire Railroad), as 550 feet (the length of single track contracted for and constructed in the portion operated January 16, 1905) bears to 40,150 feet (the length of single track contracted for in the entire Railroad) ; to- gether with the cost of all extra work duly authorized in the por- 208 Computation of Rentals tion operated January 16, 1905, less the cost of all work duly directed to be omitted therefrom. The rental shall be the per- centage of such cost to be computed in the same manner and on the same basis as though the said portion of the Railroad operated January 16, 1905, constituted the whole of the Rail- road, and shall be paid from and including January 16, 1905, up to and including June n, 1905. (B.) With respect to that portion of the Railroad oper- ated as aforesaid from June 12, 1905, to July 10, 1905, rental shall be fixed and ascertained in the following manner, viz : the cost of the said portion shall for the purposes of this agree- ment (and for no other purpose) be taken and assumed to be the sum of $241,594.02, being such a proportion of Two million dollars (the contract price of the entire Railroad), as 4,850 feet (the length of single track contracted for and constructed in the portion operated between June 12 and July 10, 1905) bears to 40,150 feet (the length of single track contracted for in the entire Railroad) ; together with the cost of all extra work duly authorized in the portion operated between June 12 and July 10, 1905, less the cost of all work duly directed to be omitted therefrom. The rental shall be the percentage of such cost to be computed in the same manner and on the same basis as though the said portion of the Railroad operated between June 12 and July 10, 1905, constituted the whole of the Railroad, and shall be paid from and including June 12, 1905, up to and including July 9, 1905. (C.) With respect to that portion of the Railroad operated as aforesaid from and after July 10, 1905, rental shall be fixed and ascertained in the following manner, viz. : the cost of the said portion shall for the purposes of this agreement (and for no other purpose) be taken and assumed to be the sum of $525,529.26, being such a proportion of Two million dollars (the contract price of the entire Railroad), as 10,550 feet (the length of single track contracted for and constructed in the portion operated since July 10, 1905), bears to 40,150 feet (the length of single track contracted for in the entire Railroad) ; together with the cost of all extra work duly authorized in the portion operated since July 10, 1905, less the cost of all work duly directed to be omitted therefrom. The rental shall be the percentage of such cost to be computed in the same manner and on the same basis as though the said portion of the Rail- 209 Computation of Rentals road operated since July 10, 1905, constituted the whole of the Railroad, and shall be paid from and including July 10, 1905, up to and including the time when any additional portions of the Railroad shall be put in operation. SECOND : In addition to the amount so ascertained with respect to the said portions of the Railroad, a further sum shall be paid as rental, which shall be equal to the interest payable by the City upon such bonds, if any, as may have been issued by the City to provide means to pay for rights of way used for or in connection with the portions of the Railroad above de- scribed, and which rights of way shall have been acquired on, under, through or over lands not belonging to the City. THIRD : From time to time as further portions of the Railroad are permitted by the Board to be operated after the date of this agreement, if the same shall (with the portions heretofore permitted to be operated) constitute less than the entire Rail- road as described in the contract, the Interborough Company shall and will pay to the City rental for such portions of the Railroad, which rental shall be fixed and ascertained on the principles and in the manner hereinabove provided with re- spect to the portions of the Railroad operated, as above stated, on and after January 16, 1905. But beginning with the day from which the entire Railroad is declared by the Board to be ready for operation the rental shall be the rental required in the contract to be paid therefor. FOURTH : Nothing in this instrument shall be construed to re- lieve the parties hereto of the second part, or either of them, from the obligation of completing the Railroad and the equip- ment thereof, or from any other obligations which they, or either of them, have assumed under Contract No. 2 or other- wise; nor to affect the amount of rental to be paid for ter- minals or real estate acquired in fee, or the amount of rental to be paid for the use of the Railroad from and after the time when the whole of the said Railroad shall be declared ready for operation ; it being the sole purpose of this Agreement to pro- vide a means of fixing and ascertaining the amount of rental to be paid for the use of various parts of the Railroad from the several times when such parts are permitted by the Board to be operated, down to the day when the whole of the Railroad is declared by the Board to be ready for operation. 210 Computation of Rentals PROVIDED, HOWEVER, and it is expressly AGREED that this Agreement shall take effect when and only when the following consents hereto shall be duly had, to wit : The consents as subjoined of the Contractors sureties, to wit: Fidelity and Deposit Company of Maryland, The United States Fidelity and Guaranty Company, National Surety Company, The ^Etna Indemnity Company, and The Empire State Surety Company. IN WITNESS WHEREOF, this contract has been executed for the City of New York by its Board of Rapid Transit Railroad Commissioners, under and by resolution duly adopted by said Board and concurred in by more than six of its mem- bers, and the seal of the said Board has been hereto affixed and these presents signed by the President and Secretary of the said Board, and the parties of the second part have caused their corporate seals to be hereto affixed and these presents to be executed by their proper officers on the day and the year first above written. BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS FOR THE CITY OF NEW YORK, [SEAL OF THE BOARD.] By A. E. ORR, President. Attest : BION L. BURROWS, Secretary. RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, [CORPORATE SEAL.] By E. P. BRYAN, Vice-President. Attest : H. M. FISHER, Secretary. INTERBOROUGH RAPID TRANSIT COMPANY, [CORPORATE SEAL.] By E. P. BRYAN, Vice-President. Attest : H. M. FISHER, Secretary. 211 Computation of Rentals APPROVAL BY COMPTROLLER. THE FOREGOING CONTRACT IS HEREBY AP- PROVED. H. A. METZ, Comptroller. APPROVAL BY CORPORATION COUNSEL. THE FOREGOING CONTRACT IS HEREBY AP- PROVED AS TO FORM. G. L. STERLING, Acting Corporation Counsel. 2T2 Computation of Rentals STATE OF NEW YORK. ) ss ' COUNTY OF NEW YORK,] ' On the 22 day of Jany, 1906, before me personally appeared Alexander E. Orr and Bion L. Burrows, to me known and known to me to be, the said Alexander E. Orr, the president, and the said Bion L. Burrows, the secretary of the Board of Rapid Transit Railroad Commissioners for the City of New York ; and the said Alexander E. Orr and Bion L. Burrows, being by me duly sworn, did depose and say, each for himself and not one for the other, the said Alexander E. Orr, that he resides in the Borough of Brooklyn, in the said City, that he is the president of the said Board and that he subscribed his name to the fore- going contract by virtue of the authority thereof; and the said Bion L. Burrows, that he resides in the Borough of Brooklyn, in the said City of New York, that he is the secretary of the said Board and that he subscribed his name thereto by like authority ; and both the said Alexander E. Orr and Bion L. Burrows that they know the seal of the said Board and that the same was af- fixed to the foregoing instrument by the authority of the said Board and of a resolution duly adopted by the same. H. A. D. HOLLMANN, [NOTARIAL SEAL.] Notary Public, Kings Co., N. Y. Certificate filed in N. Y. Co. STATE OF NEW YORK, ) ss COUNTY OF NEW YORK.J On the 10 day of January, 1906, before me personally ap- peared E. P. Bryan, to me known, who being- by me first duly sworn, did depose and say, that he resides in Bound, Brook, the State of New Jersey ; that he is the Vice-President of Rapid Tran- sit Subway Construction Company, one of the corporations de- scribed in and which executed the foregoing contract; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal ; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [NOTARIAL SEAL.] Xotary Public No. 18, Kings County. Certificate filed in N. Y. County. 213 Computation of Rentals STATE OF NEW YORK. ) ss ' COUNTY OF NEW YORK.J On this loth day of January, 1906, before me personally ap- peared E. P. Bryan, to me known, who being by me first duly sworn, did depose and say, that he resides in Bound Brook, Som. Co., in the State of New Jersey; that he is the President of Interborough Rapid Transit Company, one of the corpora- tions described in and which executed the foregoing contract; that he knows the corporate seal of said company; that one of the seals affixed to said contract is such corporate seal; that it was affixed thereto by order of the Board of Directors of said company, and that he signed his name thereto by like authority. CHAS. W. SANDFORD, [NOTARIAL SEAL.] Notary Public No. 18, Kings County. Cert, filed in N. Y. County. 214 Computation of Rentals THE UNDERSIGNED being the sureties of Rapid Transit Subway Construction Company, the Contractor above mentioned, upon the continuing bond in the penalty of One million dollars ($1,000,000), the liability of each being limited to the amounts in said continuing bond respectively specified, do hereby sever- ally consent to the making of the foregoing instrument. Dated New York, January I5th, 1906. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [CORPORATE SEAL.] By HENRY B. PLAIT, Attest: Vice-President. HUGH M. ALLWOOD. THE UNITED STATES FIDELITY AND GUAR- ANTY COMPANY, [CORPORATE SEAL.] By CHAS. O. SCULL, Attest : Vice-President. ALBERT H. BUCK. Asst. Secretary. NATIONAL SURETY COMPANY, [CORPORATE SEAL.] By WM. B. JOYCE, Attest : President. SAMUEL H. SHRIVER, Secy. THE ^ETNA INDEMNITY COMPANY, [CORPORATE SEAL.] By WYLLYS BENEDICT, Attest: Assistant Secretary. M. ARMITAGE, Assistant Secretary. THE EMPIRE STATE SURETY COMPANY, [CORPORATE SEAL.] By WM. M. TOMLINS, JR., Attest : Prest. WALTER J. HONE, Asst. Secretary. 215 Computation of Rentals STATE OF NEW YORK, | COUNTY OF NEW YORK,] *' On the 1 5th day of January, 1906, before me personally ap- peared Henry B. Platt, to me known, who being by me first duly sworn, did depose and say that he resides in the City of New York, in the State of New York; that he is the Vice- President of Fidelity and Deposit Company of Maryland, one of the cor- porations described in and which executed the foregoing con- sent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (42), [NOTARIAL SEAL.] Notary Public, N. Y. Co. STATE OF MARYLAND. 1 ss * CITY OF BALTIMORE, ^ On the i6th day of January, 1906, before me personally ap- peared Chas. O. Scull, to me known, who being by me first duly sworn, did depose and say that he resides in Baltimore, in the State of Maryland; that he is the Vice-President of the United States Fidelity and Guaranty Company, one of the corporations described in and which executed the foregoing consent; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. D. PATRICK, [NOTARIAL SEAL.] Notary Public. STATE OF MARYLAND.} . ~ > Set. : No. 121. BALTIMORE CITY,, j I hereby certify that A. D. Patrick, Esquire, before whom the annexed affidavit was made, and who has thereto subscribed his name, was, at the time of so doing, a Notary Public of the State . of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take 216 Computation of Rentals acknowledgments of proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary and verily believe the signature to be his genuine signature. In testimony whereof, I hereto set my hand and affix the [OFFICIAL seal of the Superior Court of Baltimore City, the SEAL.] same being a Court of Record, this i6th day of Jan- uary, 1906. ROUT. OGLE, Clerk of the Superior Court of Baltimore City. STATE OF NEW YORK, 1 ss * COUNTY OF NEW YORK,J On the iQth day of January, 1906, before me personally ap- peared WILLIAM B. JOYCE, to me known, \vho being by me first duly sworn, did depose and say that he resides in the City of New York, in the State of New York; that he is the President of Na- tional Surety Company of New York, one of the corporations de- scribed in and which executed the foregoing consent; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS (42), [NOTARIAL SEAL.] Notary Public, N. Y. Co. STATE OF NEW YORK. ) ss ' COUNTY OF NEW YORK,J On the 1 5th day of January, 1906, before me personally ap- peared WYLLYS BENEDICT, to me known, who being by me first duly sworn, did depose and say that he resides in the City of New- York, in the State of New York ; that he is the Assistant Secretary of the JEtna Indemnity Company, one of the corporations de- scribed in and which executed the foregoing consent ; that he knows the corporate seal of said company; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such company, and that he signed his name thereto by like authority. A. W. ANDREWS, [NOTARIAL SEAL.] Notary Public (42), N. Y. Co. 217 Computation of Rentals STATE OF NEW YORK. ) ss ' COUNTY OF NEW YORK,] On the 1 5th day of January, 1906, before me personally ap- peared WILLIAM M. TOMLINS, JR., to me known, \vho being by me first duly sworn, did depose and say that he resides in the City of New York, in the State of New York; that he is the President of the Empire State Surety Company, one of the cor- porations described in and which executed the foregoing consent ; that he knows the corporate seal of said company ; that one of the seals affixed to said consent is such corporate seal; that it was affixed thereto by order of the Board of Directors of such com- pany, and that he signed his name thereto by like authority. A. W. ANDREWS, [NOTARIAL SEAL.] Notary Public (42), N. Y. Co. 218 THE CITY OF NEW YORK, BY THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY, CONTRACTOR, INTERBOROUGH RAPID TRANSIT COMPANY. Contract Jlix 2, Hgreement MODIFYING CONTRACT FOE CONSTRUCTION AND OPERATION OF RAPID TRANSIT RAILROAD. RETURN OF A PORTION OF CASH DEPOSIT FOR CONSTRUCTION. DATED SEPTEMBER 22nd, 1908. Form L 1020. made this 22nd day of September, in the year 1908, between THE CITY OF NEW YORK (hereinafter called "The City"), acting by the PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT (hereinafter called the " Commis- sion"), party of the first part; RAPID TRANSIT SUBWAY CONSTRUCTION COMPANY (hereinafter called the "Contractor"), party of the second part; and INTERBOROUGH RAPID TRANSIT COM- PANY (hereinafter called " Interborough Com- pany "), party of the third part, WITNESSETH: WHEREAS, heretofore and on or about the 21st day of July, 1902, the City, acting by the Board of Rapid Transit Railroad Commissioners for The City of New York, hereinafter called the ' Board," entered into a contract with the Con- tractor for the construction, equipment and opera- tion of a rapid transit railroad in The City of New York, the said contract bearing date July 2 21st, 1902, and being hereinafter styled the " con- tract," which contract has been from time to time modified by certain other agreements between the said parties; and WHEREAS,, upon entering into the said con- tract for construction and operation, the Con- tractor gave on or about the llth day of Septem- ber, 1902, to the City as security: (a) A deposit with the Comptroller of certain securities of the value of more than one million dollars, as a continuing deposit to secure the pay- ment of rent under the lease part of said contract, and all the covenants, conditions and requirements specified and provided for in said contract; (b) A deposit with the Comptroller of The City of New York of the sum of $1,000,000 in cash, as security for the performance of the said contract for construction; and WHEREAS, by written instrument dated the 23d day of December, 1904, approved by more than 3 six members of said Board, it was agreed that a continuing bond in the amount of One million dollars ($1,000,000) should be substituted for said continuing deposit of securities; and % WHEREAS, there are upon bonds heretofore given by the Contractor as security for the per- formance of the contract on its part the following sureties : The United States Fidelity & Guaranty Company, The Empire State Surety Company, National Surety Company, Fidelity & Deposit Company of Maryland, and The Aetna Indemnity Company; and WHEREAS,, by written instruments, dated the 10th day of August, 1905, the Contractor, with the written consent of the Board, concurred in by six members thereof, duly assigned the right or obligation to maintain and operate the said rapid transit railroad for the term of years specified in the said contract, and all rights included in the leasing portions of the said contract, together with 4 the obligation to provide equipment for the said railroad, unto the Interborough Company, which Company also guaranteed the performance by the Contractor of all the provisions of the said con- tract not so assigned to it ; and WHEREAS, the Comptroller of The City of New York now holds the sum of $1,000,000 in cash, so deposited on or about the llth day of September, 1902, by the Contractor, as security for construction ; and WHEREAS, in and by the said contract for con- struction and operation, it is provided that when the Contracor shall have fully completed the con- struction and equipment of the railroad, according to the terms thereof, and the operation of the same shall have begun pursuant to the said contract, the Board shall so certify, and upon such certificate the Comptroller shall pay and deliver to the Con- tractor the deposit of $1,000,000 made upon enter- ing into the said contract, as aforesaid, or so much 5 of it as shall not have been reserved or used or applied for any of the purposes in the said con- tract mentioned; and that the Contractor shall also then be entitled to be credited upon the rental, with a sum which shall be equal to the interest on the said deposit, if made in cash, from the time of such deposit, at the average rate of interest re- ceived by the City 011 its bank balances during the period of such deposit; and WHEREAS, the Commission has succeeded to all the powers and duties of the Board ; and WHEREAS, the said rapid transit railroad is now in operation, although not entirely completed, and the security held by the City other than the said deposit of $1,000,000 cash is ample to protect the City against any possible claims against the Con- tractor in respect to its obligations to construct and equip the railroad ; and WHEREAS, the Contractor and the Interborough Company desire, and the Commission approves a 6 modification of the said contract for construction and operation: jj)otil, therefore, in consideration of the prem- ises, but subject to the consents hereinafter pro- vided ; IT is AGREED that the said contract for construc- tion and operation be and the same hereby is modi- fied so that the sum of $850,000, constituting a part of the above mentioned deposit of $1, 000,000, as security for the performance of the contract for construction, shall be forthwith delivered to the Rapid Transit Subway Construction Company. AND IT is FURTHER AGREED that the Interbor- ough Rapid Transit Company shall be credited on the rental of the railroad, hereafter to come due and payable, with an amount equal to 85 % of the interest on the said deposit of $1,000,000 in cash made on or about the llth day of September, 7 1902, from the time of said deposit, at the average rate of interest received by the City on its bank balances during the period of such deposit. The parties of the second and third parts upon such payment and credit being made release The City of New York and the Commission from all and all manner of claims in respect of the said deposit to the extent of the $850,000, so paid to the Rapid Transit Subway Construction Com- pany, and interest thereon as aforesaid which they or either of them may have as to the same or any part thereof. AND IT is FURTHER AGREED that all the obliga- tions of the Contractor and Interborough Com- pany under the contract shall be fully carried out and performed and that all such obligations and the obligations of the Interborough Company as guarantor, and of the several sureties upon the bond above mentioned and described shall be 8 deemed to include any liability which would have been covered by the said deposit of $1,000,000, if the said sum of $850,000, constituting a part of said deposit of $1,000,000, had not been delivered to the Rapid Transit Subway Construction Com- pany, as provided in this instrument. PROVIDED, HOWEVER, AND IT is HEREBY EX- PRESSLY AGREED that this instrument shall take effect when and only when the following consents hereto shall be duly had, to wit : (1) The consent of the Comptroller of The City of New York; (2) The consents of The United States Fidelity & Guaranty Company, The Empire State Surety Company, National Surety Company, Fidelity & Deposit Company of Maryland, and The Aetna Indemnity Company. 3ln toitne$ thereof, this contract has been ex- ecuted for The City of New York by the Public Service Commission for the First District, under 9 and by resolution duly adopted by said Commis- sion, and the seal of the Commission has been hereunto affixed, and these presents signed by the Chairman and Secretary of the said Commission, and the said Rapid Transit Subway Construction Company and the Interborough Rapid Transit Company have respectively caused their corporate seals to be hereunto affixed and attested by their secretaries, and these presents to be signed by their Vice-Presidents, all on the day and year above mentioned. PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT, By W. R. WILLCOX, Chairman. [Seal of the Commission.] Attest: TRAVIS H. WHITNEY, Secretary. RAPID TRANSIT SUBWAY CONSTRUC- TION COMPANY, By [Corporate Seal.] FRANK HEDLEY, Vice-President* Attest : H. M. FISHER, Secretary. 10 INTERBOROUGH RAPID TRANSIT COM- PANY, By [ Corporate Seal. ] FRANK HEDLEY, V ice-President and General Manager. Attest: H. M. FISHER, Secretary, 11 &p Comptroller, THE FOREGOING CONTRACT IS HEREBY APPROVED. Dated New York, , 1908. H. A. METZ, Comptroller. &pprotoal lip Corporation Counsel, THE FOREGOING 'CONTRACT IS HEREBY APPROVED AS TO FORM. Dated New York, Sept. 22, 1908. JOHN L. O'BRIEN, Actg Corporation Counsel. 12 STATE or NEW YORK, ] County of New York, ( ss ' : On this 23rd day of September, 1908, at The City of New York, in said County, before me personally appeared William R. Willcox and Travis H. Whitney, to me known and known to me to be the said William R. Willcox, the Chair- man, and the said Travis H. Whitney, the Secre- tary of the Public Service Commission for the First District, and the said William R. Willcox and Travis H. Whitney being by me duly sworn, did depose and say, each for himself, and not one for the other, the said William R. Willcox that he resided in the Borough of Manhattan, in said City and that he is the Chairman of the Public Service Commission for the First District, and that he sub- scribed his name to the foregoing contract by virtue of the authority thereof, and the said Travis H. Whitney that he resided in the Borough of Brooklyn, in The City of New York; that he was Secretary of the said Public Service Commission for the First District ; that he subscribed his name thereto by like authority and both the said William R. Willcox and Travis H. Whitney that they know the seal of said Commission; and that the seal affixed to the foregoing instrument was such seal and that the same was so affixed by authority of the said Commission and of a resolution duly adopted by the same. T. HARKNESS, [Notarial Seal.] Notary Public, Kings Co. Cert, filed in N. Y. Co. 13 STATE OF NEW YORK, } County of New York, \ ss ' : On this 24th day of September, 1908, before me personally appeared Frank Hedley, to me known, who being by me first duly sworn, did depose and say that he resided in the City of Yonkers, County cf Westchester; that he is the Vice-President of the Rapid Transit Subway Construction Com- pany, the corporation described in and which exe- cuted the foregoing contract; that he knew the corporate seal of said Company; that one of the seals affixed to said contract was such corporate seal and that it was affixed thereto by order of the Board of Directors of said Company and that he signed his name thereto by like authority. FRANK D. ALLEN, Commissioner of Deeds, New York City. 14 STATE OF NEW YORK,, ] County of New York, \ SS ' : On this 24th day of September, 1908, before me personally appeared Frank Hedley, to me known, who being by me first duly sworn, did depose and say that he resided in the City of Yonkers, County of Westchester; that he is the Vice-President and General Manager of the Interborough Rapid Transit Company, the corporation described in and which executed the foregoing contract; that he knew the corporate seal of said Company ; that one of the seals affixed to said contract was such corporate seal and that it was affixed thereto by order of the Board of Directors of said Company, and that he signed his name thereto by like au- thority. FRANK D. ALLEN, Commissioner of Deeds, New York City. 15 Consent of uretie on Continuing The undersigned, being the sureties of the Rapid Transit Subway Construction Company, the contractor above named, and Interborough Rapid Transit Company, upon the continuing bond in the penalty of One Million Dollars ($1,000,000), the liability of each being limited to the amounts in said continuing bond respectively specified, hereby consent to the making of the fore- going agreement and they severally agree that their respective liability includes any liability which would have been covered by the portion of the deposit of cash mentioned in said agreement to be paid to the said Rapid Transit Subway Con- struction Company if the cash constituting the same had not been so paid to the said Rapid Tran- sit Subway Construction Company as provided in the said agreement. THE UNITED STATES FIDELITY & GUARANTY COMPANY, By [Corporate Seal.] JOHN R. BLAND, President. Attest: ALBERT H. BUCK, Asst Secy. 16 THE EMPIRE STATE SURETY COM- PANY, By [Corporate Seal.] WALTER J. MOORE, V ice-President. Attest: DANIEL J. STEWART, Secretary. NATIONAL SURETY COMPANY, By [Corporate Seal.] WM. B. JOYCE. Attest: LEONARD DAMMANN, Asst Secretary. FIDELITY & DEPOSIT COMPANY OF MARYLAND, By [Corporate Seal.] JOHN H. WIGHT, Vice-Pres. Attest: PHILIP D. SMALL, Asst Secretary. AETNA INDEMNITY COMPANY, By [Corporate Seal.] F. D. KILBURN, Pt. Attest: C. I. BROOKS, Secretary. 17 STATE OF MARYLAND, } City of Baltimore, j On this 25 day of September, 1908, before me personally appeared John R. Bland, to me known, who being by me first duly sworn did depose and say that he resided in Baltimore City, in the State of Maryland; that he is the President of the United States Fidelity & Guaranty Company, one of the corporations described in and which exe- cuted the foregoing consent ; that he knew the cor- porate seal of said Company ; that one of the seals affixed to said consent was such corporate seal and that it was affixed thereto by order of the Board of Directors of such Company, and that he signed his name thereto by like authority. [Notarial Seal.] FRANK LEGRAND CARLIN, Notary Public, STATE OF MARYLAND, BALTIMORE CITY, Set.: No. 142. I, Stephen C. Little, Clerk of the Superior Court of Baltimore City, do hereby certify that Frank LeGrand Carlin, Esquire, before whom the annexed affidavit was made, and who has there- to subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly commissioned and sworn, and authorized by law to administer oaths and take acknowledgments or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine sig- nature. IN TESTIMONY WHEREOF, I hereto set my hand, and affix the seal of the Superior Court of Balti- more City, the same being a Court of Record, this 25th day of September, 1908. [SEAL OF THE COURT.] STEPHEN C. LITTLE, Clerk of the Superior Court of Baltimore City. 18 STATE OF NEW YORK, ) County of New York,! On this 24th day of September, 1908, before me personally appeared Walter J. Moore, to me known, who being by me first duly sworn, did de- pose and say that he resides in New York, N. Y. ; that he was the Vice-President of the Empire State Surety Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said company; that one of the seals affixed to such consent was such corporate seal and that it was affixed thereto by order of the Board of Directors of such company and that he signed his name thereto by like au- thority. FRANK D. ALLEN, Commissioner of Deeds, New York City. STATE OF NEW YORK, } f County of New York, \ On this 29th day of September, 1908, before me personally appeared Wm. B. Joyce, to me known, who being by me first duly sworn, did depose and say that he resides in The City of New York ; that he was the President of the National Surety Com- pany of New York, one of the corporations de- scribed in and which executed the foregoing con- sent ; that he knew the corporate seal of said Com- pany; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such Com- pany and that he signed his name thereto by like authority. [Notarial Seal.] WM. F. GAYNOR, Notary Public for County of Kings. Certificate filed in New York, Queens, Richmond and Westchester Counties. 20 STATE OF MARYLAND, ] City of Baltimore, <( On this 25th day of September, 1908, before me personally appeared John H. Wight, to me known, who being by me first duly sworn, did de- pose and say that he resides in Baltimore, Md. ; that he was the Vice-President of the Fidelity & Deposit Company of Maryland, one of the cor- porations described in and which executed Hiie foregoing consent ; that he knew the corporate seal of said Company; that one of the seals affixed to said consent was such corporate seal; that it was affixed thereto by order of the Board of Directors of such Company and that he signed his name thereto by like authority. [Notarial Seal.] FRED S. AXTELL, Notary Public. STATE or MARYLAND, BALTIMORE CITY, Set. : No. 145. I, Stephen C. Little, Clerk of the Superior Court of Baltimore City, do hereby certify that Fred S. Axtell, Esquire, before whom the an- nexed affidavit was made, and who has thereto sub- scribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, residing in said City and State, duly commissioned and sworn, and au- thorized by law to administer oaths and take ac- knowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary? and verily believe the signature to be his genuine sig- nature. IN TESTIMONY WHEREOF, I hereto set my hand, and affix the seal of the Superior Court of Balti- more City, the same being a Court of record, this 25th day of September, 1908. [SEAL OF THE COURT.] STEPHEN C. LITTLE, Clerk of the Superior Court of Baltimore City. 21 STATE OF NEW YORK, ] County of New York, ( On this 24th day of September, 1908, before me personally appeared F. D. Kilburn, to me known, who, being by me first duly sworn, did depose and say that he resided in New York, N. Y. ; that he is the President of the Aetna Indemnity Company, one of the corporations described in and which executed the foregoing consent; that he knew the corporate seal of said Company; that one of the seals affixed to said consent was such corporate seal and that it was affixed thereto by order of the Board of Directors of such Company and that he signed his name thereto by like authority. FRANK D. ALLEN, Commissioner of Deeds New York City. RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (510)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date. 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