7ZS
N4AU
UC-NRLF
PUBLIC SERVICE COMMISSION
FOR THE FIRST DISTRICT
INVITATION TO CONTRACTORS, INFOR-
MATION FOR CONTRACTORS, FoRMS
OF CONTRACT, BOND AND
CONTRACTOR'S PROPOSAL
FOR
Land and River Borings along the Lines of
Proposed Rapid Transit Railroads
TRAVIS H. WHITNEE
TABLE OF CONTENTS
PAGE
INVITATION TO CONTRACTORS I
INFORMATION FOR CONTRACTORS Ill
CONTRACT 1
CHAPTER I — GENERAL PROVISIONS AND DEFINI-
TIONS 2
CHAPTER II — WORK TO BE DONE, PRICES, ETC 7
CHAPTER III — SPECIFICATIONS PERMIT OF SEC-
RETARY OF WAR, 22
CHAPTER IV — SECURITY TO BE FURNISHED BY
CONTRACTOR 26
CHAPTER V — PAYMENTS TO CONTRACTOR.. 28
CHAPTER VI — CONTRACTOR'S LIABILITY FOR IN-
JURIES TO PERSONS OR PROPERTY 33
CHAPTER VII — TIME FOR COMPLETION, DAM-
AGES FOR DELAY, ETC 36
CHAPTER VIII — REMEDIES IN CASE OF CON-
TRACTOR'S DEFAULT 39
FORM OF CONTRACTOR'S BOND 46
FORM OF CONTRACTOR'S PROPOSAL... 48
INVITATION TO CONTRACTORS
LAND AND RIVER BORINGS
The Public Service Commission for the First District invites
proposals to make borings along the lines of proposed rapid tran-
sit railroad routes as they may be needed and ordered :
IN THE BOROUGHS OF MANHATTAN, BROOKLYN, QUEENS AND
BRONX AND IN THE EAST RlVER.
The following is a statement, based upon the estimate of the
Chief Engineer of the Commission, of the quantities of the
various classes of work and of the nature and extent as near as
practicable of the work required :
STATEMENT OF APPROXIMATE QUANTITIES
LAND BORINGS
Item 1. (a) Sinking 2^ -inch casing, Borough
of Manhattan 1,000 linear feet.
(b) Sinking 2^2 -inch casing, Bor-
oughs of Brooklyn, Queens
and Bronx 1,000 linear feet.
(c) Sinking 8-inch casing, Borough
of Manhattan 1,000 linear feet.
(d) Sinking 8-inch casing, Boroughs
of Brooklyn, Queens and
Bronx 1,000 linear feet.
Item 2. (a) Drilling for 1-inch cores with
diamond drills 100 linear feet.
(b) Drilling for 1-inch cores with
shot drills 100 linear feet.
(c) Drilling for 6-inch cores with
diamond drills 100 linear feet.
(d) Drilling for 6-inch cores with
shot drills 100 linear feet.
RIVER BORINGS
Item 3. (a) Sinking casing for 1^-inch cores 300 linear feet.
(b) Sinking casing for 6-inch cores. . 300 linear feet.
INVITATION TO CONTRACTORS
Item 4. (a) Drilling for 1^-inch cores with
diamond drills 100 linear feet.
(b) Drilling for 1^-inch cores with
shot drills 100 linear feet.
(c) Drilling for 6-inch cores with
diamond drills 100 linear feet.
(d) Drilling for 6-inch cores with
shot drills 100 linear feet.
The quantities specified in the above schedule are given only
as a basis for the uniform comparison of bids, and no claim is to.
be made against the City on account of any excess or deficiency,
absolute or relative, in the same. It is expected that the work re-
quired under the contract may amount to about twenty-one thou-
sand dollars ($21,000). The Commission reserves the right, how-
ever, as stated in the contract, to increase or to diminish or to
omit entirely any of the quantities of items given in the above
schedule.
A fuller description of the work and other requirements, pro-
visions, details and specifications are given in the Information
for Contractors and in the form of contract. Copies of the In-
formation for Contractors and of the forms of contract, bond
and contractor's proposal may be had on application at the office
of the Commission.
Sealed bids or proposals will be received at the office of the
Commission at No. 154 Nassau Street, Borough of Manhattan, New
York City, until the 10th day of July, 1914, at twelve fifteen
(12:15) o'clock p. m., at which time, or at a later date to be
fixed by the Commission, the proposals will be publicly opened.
New York, June 27, 1914.
PUBLIC SERVICE COMMISSION FOR THE
FIRST DISTRICT
By EDWARD E. McCAix, Chairman.
TRAVIS H. WHITNEY, Secretary
II
INFORMATION FOR CONTRACTORS
LAND AND RIVER BOEINGS
The Public Service Commission for the First District (herein- proposals
after called the "Commission"), invites proposals to make bor-
ings along the lines of proposed rapid transit railroad routes as
they may be needed and ordered :
IN THE BOROUGHS OF MANHATTAN, BROOKLYN, QUEENS AND
BRONX AND IN THE EAST RlVER.
The locations of the proposed borings will be indicated on Locations
drawings to be furnished as the borings are required.
Land borings are to be carried generally to the subgrade of Depth
the railroad, but they may be extended to a greater depth. If rock
is encountered a penetration of fifteen (15) feet may be required.
For elevated railroads it is expected that the borings will not, as
a rule, exceed about fifteen (15) feet in depth although they
may be extended to a greater depth if it is thought advisable.
For river work the borings will be carried at least to the sub- River work
grade of the proposed tunnels, and, if the nature of the material
indicates that it is advisable, they may be extended to a greater
depth. If the results at any point indicate the advisability of
changing the line of the proposed tunnel, borings along that line
may be abandoned and additional borings required along other
lines. The rules and regulations of the War Department and united states
of the Superintendent of Anchorages shall be observed, and relations
the Contractor shall assume all risks for accidents of what-
ever nature that may occur during the progress of the work. In
the East River the tide and traffic conditions make borings diffi-
cult and hazardous. The Contractor must be prepared to carry
out his work under the conditions to be met and to maintain a
satisfactory rate of progress.
The Commission will furnish the necessary permits, except permits
blasting permits, at the Contractor's expense. The Contractor
shall pay for water used and for the water inspectors required by
the Department of Water Supply, Gas and Electricity.
The attention of bidders is called to the permit of the United united state*
States War Department and to the requirement therein that an
inspector, to be appointed by the Engineer Office of the United
III
INFORMATION FOR CONTRACTORS
Examination
by bidders
Contract,
drawings and
specifications
Payments
Commencement
and
completion
of work
Receipt of bids
Form of
proposals
Engineer's
estimate
States Army in charge of the improvement of the East River,
shall be stationed on the scows during the work of making the
river borings. The 'salary of such inspector, which will not ex-
ceed $100 per month, is to be paid by the Contractor and secured
by the deposit of a certified check and must be allowed for in the
bid.
Bidders must examine the form of contract and specifications
and make their own estimates of the facilities and difficulties
attending the execution of the proposed work.
A fuller description of the work to be done and other require-
ments, provisions, details and specifications are given in the form
of contract and specifications. Copies of the form of contract,
specifications, bond and contractor's proposal may be had on
application at the office of the Commission, No. 154 Nassau Street,
Borough of Manhattan, New York City. The Information to
Contractors, form of contract and specifications, bond and con-
tractor's proposal are to be deemed a part of the Invitation.
Partial payments to the Contractor will be made monthly as
the work proceeds as provided in the form of contract.
The Contractor will be required to begin work within ten (10)
days after the date he is ordered to make any borings and must
complete the work as soon as practicable and within a period
of three (3) months from the date he is ordered to make any
borings, unless such period be extended as provided in the form
of contract.
Sealed bids or proposals will be received at the office of the
Commission at No. 154 Nassau Street, Borough of Manhattan, New
York City, until the 10th day of July, 1914, at twelve fifteen
(12:15) o'clock p. m., at which time, or at a later date to be
fixed by the Commission, the proposals will be publicly opened.
Proposals must be in the form prescribed by the Commission.
The following is a statement, based upon the estimate of the
Chief Engineer of the Commission, of the quantities of the
various classes of the work and of the nature and extent as near
as practicable of the work required.
STATEMENT OF APPROXIMATE QUANTITIES
LAND BORINGS
Item 1. (a) Sinking 2^ -inch casing, Borough
of Manhattan 1,000 linear feet.
IV
INFORMATION FOR CONTRACTORS
(b) Sinking 2^ -inch casing, Bor-
oughs of Brooklyn, Queens
and Bronx 1,000 linear feet.
(c) Sinking 8-inch casing, Borough
of Manhattan 1,000 linear feet.
(d) Sinking 8-inch casing, Boroughs
of Brooklyn, Queens and
Bronx 1,000 linear feet.
Item 2. (a) Drilling for 1-inch cores with
diamond drills 100 linear feet.
(b) Drilling for 1-inch cores with
shot drills 100 linear feet.
(c) Drilling for 6-inch cores with
diamond drills 100 linear feet.
(d) Drilling for 6-inch cores with
shot drills 100 linear feet.
RIVER BORINGS
Item 3. (a) Sinking casing for 1^-inch cores 300 linear feet.
(b) Sinking casing for 6-inch cores. . 300 linear feet.
Item 4. (a) Drilling for 1^-inch cores with
diamond drills 100 linear feet.
(b) Drilling for 1^-inch cores with
shot drills 100 linear feet.
(c) Drilling for 6-inch cores with
diamond drills 100 linear feet.
(d) Drilling for 6-inch cores with
shot drills 100 linear feet.
The quantities specified in the above Schedule are given only Quantities
as a basis for the uniform comparison of bids, and no claim is to or3y°x
be made against the City on account of any excess or deficiency,
absolute or relative, in the same. It is expected that the work
required under the contract may amount to about twenty-one
thousand dollars ($21,000). The Commission reserves the right,
however, as stated in the contract, to increase or to diminish or
to omit entirely any of the quantities of items given in the above
Schedule.
INFORMATION FOR CONTRACTORS
Bond
°f Every proposal must, when submitted, be enclosed in a sealed
envelope endorsed "Proposal for Making Land and River Bor-
ings" and must be delivered to the Commission or its Secretary ;
and in the presence of the person submitting the proposal, it will
be deposited in a sealed box in which all proposals will be de-
posited. No proposal will be received or deposited unless accom-
panied by a certified check for one thousand dollars ($1000) pay-
able to the order of the Comptroller of the City and drawn upon
a national or state bank or trust company satisfactory to the Com-
mission and having its principal office in New York City. Such
check must not be enclosed in the envelope containing the
proposal.
unbalancing The Unit Prices must not be improperly balanced, and any bid
which the Commission considers detrimental to the City's inter-
ests may be rejected.
No proposal, after it shall have been deposited with the Com-
mission, will be allowed to be withdrawn for any reason what-
ever.
The award of the contract will be made by the Commission
as soon as practicable after the opening of the proposals.
A bidder whose proposal shall be accepted shall, in person or
by duly authorized representative, attend at the said office of the
Commission within five (5) days after the delivery of a notice
by the Commission that his proposal is accepted, and such bidder
shall then deliver a contract in the form referred to, duly executed
and with its execution duly proved.
At the time of the delivery of the contract, the Contractor will
be required to furnish security to the City by depositing a bond
or cash in the sum of five thousand dollars ($5,000). The ('re-
tractor's bond must be in the form annexed to the form of
contract.
In addition and as further security to the City, ten per centum
(10%) of the amounts certified from time to time to be due to
the Contractor will be retained until the work is fully completed
and accepted.
Bidders shall state in their proposals whether they desire to
deposit a bond or cash. In case the sureties named in the proposal
are not approved by the Commission, the bidder naming such
sureties will be required within five (5) days after notice of such
disapproval or within such further period, if any, as may be
No withdrawal
Award
Contract
signed
Retained
percentage
Sureties
VI
INFORMATION FOR CONTRACTORS
prescribed by the Commission to substitute the names of other
sureties approved by the Commission.
Deposits made by bidders whose proposals are not accepted
will be returned within three (3) days after the contract is
executed and delivered and its provisions in respect of the bond
or deposits are complied with, unless all proposals shall be re-
jected, in which event such deposits will be returned within three
(3) days after such rejection. The deposit of the successful
bidder will be returned when the contract is executed and its
provisions in respect of the bond or deposit are complied with.
The right to reject any and all bids is reserved.
New York,
PUBLIC SERVICE COMMISSION FOR THE
FIRST DISTRICT
By EDWARD E. McCAix, Chairman
TRAVIS H. WHITNEY, Secretary
VII
BORINGS FOR RAPID TRANSIT RAILROADS
CONTRACT
Agreement made this day of , 1914
between THE CITY OF NEW YORK, hereinafter called the City,
acting by the PUBLIC SERVICE COMMISSION FOR THE FIRST DIS-
TRICT, hereinafter called the Commission, party of the first part,
and
hereinafter called the Contractor, part* of the second part.
WHEREAS the Commission in behalf of the City has invited
contractors to submit to the Commission proposals for making
this contract; and
WHEREAS the Contractor has thereupon duly submitted to the
Commission a proposal, which has been accepted;
Now, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter contained, the parties do hereby, the
City for itself and its successors, and the Contractor forf
and assigns
Agree each with the other as follows:
* Here insert y or ies, as the case may be.
f Here insert, if a corporation, itself, its successors; if a single indi-
vidual, himself, his executors, administrators; if several individuals,
themselves jointly and severally, and their and each of their executors,
administrators.
Outline of
contract
CHAPTER I
GENERAL PROVISIONS AND DEFINITIONS
ARTICLE I. The Contractor agrees to make the land and river
borings hereinafter described together with all work necessary
therefor or incidental thereto. The City agrees to pay to the
Contractor the sums of money hereinafter mentioned at the times
and in the manner and upon the terms and conditions hereinafter
set forth.
Marginal
notes, etc.
Definitions
of words
'Commission'
'Contractor"
ARTICLE II. Titles, headings, running headlines and marginal
notes are printed hereon merely for convenience and shall not be
deemed to be any part of this contract for any purpose whatever.
ARTICLE III. The following words and expressions used in
this contract shall, except where by the context it is clear that
another meaning is intended, be construed as follows:
(1) The word "City" to mean The City of New York and
any other corporation or division of government to which the
ownership, rights, powers and privileges of The City of New
York under the Rapid Transit Act shall hereafter come, belong
or appertain.
(2) The word "Commission" to mean the Public Service
Commission for the First District and any other board, body,
commission, official or officials to which or to whom the powers
now belonging to the said Commission in respect of the location,
construction, equipment, maintenance and operation of rapid tran-
sit railroads under the provisions of the Rapid Transit Act shall,
by virtue of any act or acts, hereafter pass or be held to appertain.
(3) The word "Contractor" to mean the part*
second part to this contract andf
of the
and
any and every person or corporation who or which shall at any
time be liable in the place or for the part of the second
part to perform any obligations under this contract assumed by
* Here and in like blanks hereafter insert y or ies, as the case may be.
t Here insert, as the case may be, either its successors or his executors,
administrators and assigns, or their executors, administrators and assigns.
GENERAL PROVISIONS AND DEFINITIONS
the part of the second part. For convenience the Contractor
is hereinafter referred to as if the Contractor were an individual.
The word "he" shall, as the sense may require, include "she," "it"
and "they;" the word "him" shall include "her," "it" and "them";
and the word "his" shall include "her," "its" and "their."
(4) The word "Comptroller" to mean the Comptroller of "Comptroller"
the City and the officer or board to whom or to which his powers
now existing under the Rapid Transit Act shall come to appertain.
(5) The word "Engineer" to mean the Chief Engineer of the "Engineer"
Commission or his duly authorized representative and any suc-
cessor or successors duly appointed or any deputy or substitute
for him who shall be appointed by the Commission or by its
authority.
(6) The words "New York" to mean the City of New York "Xew York"
according to its boundaries at the date of this contract.
(7) The word "notice" to mean a written notice. "Notice"
(8) The words "directed," "required," "permitted," "or- "Direction,
dered," "designated," "prescribed" or words of like import, used
in the specifications or upon the drawings, to mean, respectively,
the direction, requirement, permission, order, designation or pre-
scription of the Engineer, and similarly the words "approved,"
"acceptable," "satisfactory" or words of like import, used in the
specifications or upon the drawings, to mean, respectively, ap-
proved by, or acceptable or satisfactory to, the Engineer.
(9) The word "Works" to mean all the matters and things "The works"
herein agreed to be furnished or done by or on the part of the
Contractor.
ARTICLE IV. The Contractor hereby designates room num- Legal address
ber on the floor of the building number
in the Borough of
in the City of New York as the place where all notices, direc-
tions and other communications to the Contractor may be served,
mailed or delivered. The delivering at the aforesaid place or
depositing in a postpaid wrapper directed to the aforesaid place,
in any post-office box regularly maintained by the Post-office De-
partment, of any notice, direction or other communication to the
Contractor shall be deemed to be sufficient service thereof upon
3
GENERAL PROVISIONS AND DEFINITIONS
the Contractor as of the date of such delivery or deposit. Such
address may be changed at any time by an instrument in writing
executed and acknowledged by the Contractor and delivered to
the Commission. Service of any notice, direction or other com-
munication may also be made upon the Contractor personally or
if the Contractor be a corporation, upon any officer or director
thereof.
contractor ARTICLE V. If the Contractor shall cause any part of this
responsible for
acts of contract to be performed by a subcontractor, the provisions of
subcontractor's
employees this contract shall apply to such subcontractor and his officers,
agents and employees in all respects as if he and they were em-
ployees of the Contractor ; and the Contractor shall not be in any
manner thereby discharged from his obligations and liabilities
hereunder, but shall be liable hereunder for all acts and negli-
gence of the subcontractor, his officers, agents and employees as
if they were employees of the Contractor. The employees of the
subcontractor shall be subject to the same provisions hereof as
employees of the Contractor; and the work and materials fur-
nished by the subcontractor shall be subject to the provisions
hereof as if furnished directly by the Contractor.
subcontractor
ARTICLE VI. The Contractor, before making any subcon-
tract of the workj shall si3iiQ >m writing to the Commission the
name of the proposed subcontractor, the portion of the work
which such subcontractor is to do or the materials which such
subcontractor is to furnish, the place of business of such sub-
contractor and such other information as the Commission may
require. The Commission shall have the right to require the Con-
tractor not to award any subcontract to a person, firm or cor-
poration disapproved of by the Commission.
ARTICLE VII. Any engineer substituted by the Commission in
. ._,,... -,-, , , « M1 ,.
place of the Chief Engineer during the absence, illness or dis-
ability of the Chief Engineer or when the Commission shall so
determine shall, during his official connection, have all the power
and authority of the Chief Engineer and in all respects be
recognized as such Chief Engineer.
contractor ARTICLE VIII. The Contractor shall not assign, transfer,
sublet0, etc.lgn convey, sublet or otherwise dispose of this contract or his
Substitute for
Chief Engineer
GENERAL PROVISIONS AND DEFINITIONS
right, title or interest in or to the same or any part thereof
without the previous consent in writing of the Commission, and
he shall not assign by power of attorney or otherwise any of the
moneys to become due and payable under this contract unless by
and with the like consent. If the Contractor shall without such
previous written consent assign, transfer, convey, sublet or other-
wise dispose of this contract or of his right, title or interest
therein or any of the moneys to become due under this contract,
to any other person, company or corporation, this contract may
at the option of the Commission be revoked and annulled and
the City shall thereupon be relieved and discharged from any and
all liability and obligations growing out of the same to the Con-
tractor and to his assignee or transferee ; and no right under this
contract or to any money to become due hereunder shall be
asserted against the City in law or in equity by reason of any so-
called assignment of this contract or any part thereof or of any
moneys to grow due hereunder unless authorized as aforesaid by
the written consent of the Commission ; provided that nothing
herein contained shall be construed to hinder, prevent or affect
an assignment by the Contractor for the benefit of his creditors
made pursuant to the statutes of the State of New York.
ARTICLE IX. The Contractor agrees to comply with the pro- Labor Law
visions of the Labor Law, including Section Three thereof as
re-enacted by Chapter 36 of the Laws of 1909. The Contractor
further agrees and stipulates that no laborer, workman or
mechanic in the employ of the Contractor, subcontractor or other
person doing or contracting to do the whole or a part of the work
contemplated by this contract, shall be permitted or required to
work more than eight hours in any one calendar day, except in
cases of extraordinary emergency caused by fire, flood or danger
to life or property; and further that the wages to be paid for a
legal day's work as hereinbefore defined to all classes of such
laborers, workmen or mechanics upon the work contemplated by
this contract or upon any material to be used upon or in connec-
tion therewith, shall be not less than the prevailing rate for a
day's work in the same trade or occupation in the Borough of
the City, where the work hereby contemplated, about or in con-
nection with which such labor is performed, in its final or com-
pleted form is to be situated, erected or used ; and that each such
laborer, workman or mechanic employed by the Contractor or by
GENERAL PROVISIONS AND DEFINITIONS
any sub-contractor or other person on, about or upon the work
contemplated by this contract, shall receive such wages herein
provided for. This contract shall be void and of no effect, unless
the Contractor shall comply with the provisions of this section.
In obedience to the requirements of Section Fourteen of the
Labor Law it is further provided that if the provisions of the
said Section Fourteen are not complied with, this contract shall
be void.
ARTICLE X. No correction or change in this contract shall be
made except by written instrument duly authorized by the Com-
mission and consented to by the Contractor and by the sureties
upon his bond; but this provision shall not limit or affect the
right to prescribe changes and variations as in this contract else-
where provided.
ARTICLE XI. No claim shall be made by the Contractor
against any member, officer, agent or employee of the Commis-
sion personally under or by reason of this contract or any of its
articles or provisions or of anything ordered or required here-
under.
CHAPTER II
WORK TO BE DONE, PRICES, ETC.
ARTICLE XII. The Contractor shall furnish all the labor and work to be
materials, plant, power, tools, appliances and supplies necessary
or proper for performing and completing the work of making the
borings in the manner and within the time hereinafter specified.
He shall complete the borings and do all work and furnish all
labor and materials in and about the making of the borings to
the satisfaction of the Commission and in accordance with this
contract and the specifications and at the prices herein agreed
upon and fixed therefor.
ARTICLE XIII. The City will pay and the Contractor shall
receive in full compensation for making the land and river bor-
ings and for performing and completing the Works and for
all expense in connection therewith or incidental thereto, in-
cluding the furnishing of all labor, materials, plant, power,
tools, appliances and supplies, and for all loss and damage
arising out of the nature of the work aforesaid or from the action
of the elements or from any unforeseen obstruction or difficulty
encountered in the prosecution of the work, and for all risks of
any description connected with the work, and for all expenses
incurred by or in consequence of the suspension or discontinuance
of the work as herein specified, the prices contained in the Sched-
ule of Unit Prices following, to wit :
SCHEDULE OF UNIT PRICES
LAND BORINGS
Item 1. For sinking casing, being all such work as is called
for under this contract, including the furnishing of all labor,
materials and appliances required and necessary to do the work,
per linear foot, as follows :
(a) For 2^ -inch casing, Borough of Manhattan, the
sum of
dollars ($ ).
(b) For 2 1/2 -inch casing, Boroughs of Brooklyn, Queens
and Bronx, the sum of
dollars ($ ).
(c) For 8-inch casing, Borough of Manhattan, the
sum of
dollars ($ ).
(d) For 8-inch casing, Boroughs of Brooklyn, Queens
and Bronx, the sum of
dollars ($ ).
Item 2. For drilling for cores, being all such work as is
called for under this contract, including the furnishing of all
labor, materials and appliances required and necessary to do the
work, per linear foot, as follows :
(a) For 1-inch cores with diamond drills, the sum of
dollars ($ ).
(b) For 1-inch cores with shot drills, the sum of
dollars ($ ).
(c) For 6-inch cores with diamond drills, the sum of
dollars ($ ).
(d) For 6-inch cores with shot drills, the sum of
dollars ($ ).
RIVER BORINGS
Item 3. For sinking casing for cores, being all such work as
is called for under this contract, including the furnishing of all
labor, materials and appliances required and necessary to do the
work, per linear foot, as follows:
(a) For 1 24-inch cores, the sum of
dollars ($ ).
(b) For 6-inch cores, the sum of
dollars ($ ).
8
SCHEDULE OF UNIT PRICES
Item 4. For drilling for cores, being all such work as *s
called for under this contract, including the furnishing of all
labor, materials and appliances required and necessary for doing
the work, per linear foot, as follows :
(a) For 1 2/8-inch cores, with diamond drills, the sum ,>f
dollars ($ ).
(&) For 1^-inch cores with shot drills, the sum of
dollars ($ ).
(c) For 6-inch cores with diamond drills, the sum of
dollars ($ ).
(d) For 6-inch cores with shot drills, the sum of
dollars ($ ).
QUANTITIES
oniy'for68 ARTICLE XIV. The estimated quantities of the various classes
coming* bids °f wor^ to ^e done and materials to be furnished under this con-
tract specified in the Contractor s Proposal are only for the pur-
pose of comparing, on a uniform basis, the bids offered for the
Works; and neither the City nor the Commission nor any mem-
ber of the Commission is to be held responsible that any of the
said estimated quantities shall be found even approximately cor-
rect; and the Contractor expressly agrees, as one of the main
considerations moving to the City, that he shall not make or have
any claim for damages or for anticipated profit or for loss of
profit or otherwise because of any difference between the quanti-
ties of the various classes of work actually done and the estimated
quantities of items stated in the Contractor's Proposal or because
of the entire omission of any of the quantities of items stated in
the Contractor's Proposal.
Quantities
may be
changed
Contractor
bound to
complete in
best manner
Best
machinery,
etc., to be
used
ARTICLE XV. The Commission expressly reserves the right
to increase or diminish to any extent the quantities specified in
the Contractor's Proposal or any of them or to omit entirely any
one or more of the different classes of work shown in the Schedule
without constituting grounds for any claim by the Contractor for
payment or allowance for damages or extra service other than
is provided for the items of the different classes of work shown
in the Schedule, the Contractor expressly agreeing, as one of the
main considerations moving to the City, to perform such classes
and such quantities of the work shown in the Schedule as and
when the Engineer may direct for the prices stipulated in the
Schedule.
ARTICLE XVI. The Contractor shall complete all work in
accordance with the specifications and according to the other
provisions of this contract and within the time specified in this
contract in the most workmanlike manner and with the highest
regard to the safety of life and property and according to the
directions given by the Engineer.
ARTICLE XVII. The Contractor shall furnish of the best de-
scription all labor, materials, plant, tools, appliances and supplies
necessary to complete all work covered by the specifications and
provisions of this contract.
10
INSPECTION
ARTICLE XVIII. The Commission contemplates, and the Con- InsPection
tractor approves, the most thorough and minute inspection at all
times by the Commission and its Engineer and by their representa-
tives or subordinates of all work to be done and of all materials
to be furnished under this contract. It is the intention of the
Commission that its Engineer shall draw the attention of the
Contractor to all errors or variations from the requirements of
this contract ; but no omission on the part of the Commission or
its Engineer or any of their representatives or subordinates to
point out such errors or variations shall give the Contractor any
right or claim against the City or shall in any way relieve the
Contractor from his obligations according to the terms of this
contract.
ARTICLE XIX. The Contractor shall at all times give to the
Commission and its members, to the Engineer and his assistants
and subordinates and to any person designated by the Commission
or its Chairman 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 Commission, the
Engineer and his assistants and subordinates and all persons
bearing the authorization of the Commission or its Chairman
shall be admitted at any time summarily and without delay to
any part of the Works or to inspection of materials at any place.
ARTICLE XX. No inspection or acceptance of any part of
the Works or of materials therefor shall relieve the Contractor
of his obligation to furnish sound material and perform sound etc-
work, whether with respect to such part or to any other part of
the Works.
ARTICLE XXL To prevent disputes and litigations, the Engi-
neer shall in all cases determine the classification for payment
and the amount, quality, acceptability and fitness of the several
kinds of work and materials which are to be performed or fur-
nished under this contract, shall determine every question in
relation to the Works and the performance thereof and shall
determine every question which may arise relative to the fulfill-
ment of this contract on the part of the Contractor. His deter- *°0|je final
mination and estimate shall be final and conclusive upon the Contractor
Contractor, and in case any question touching this contract shall
n
ENGINEER TO DETERMINE
Engineer to
explain
specifications
Contractor to
obey
directions
Contractor has
examined
specifications,
etc.
Specifications
do not include
all
requirements
arise between the parties hereto, such determination and estimate
shall be a condition precedent to the right of the Contractor to
receive any money under this contract.
ARTICLE XXII. The Engineer shall make all necessary ex-
planations as to the meaning and intention of the specifications,
shall give all orders and directions contemplated therein or thereby
and in every case in which a difficult or unforeseen condition shall
arise in the performance of the work required by this contract.
The Contractor shall promptly obey and follow every direction
which shall be given by the Engineer, including any direction
which the Engineer shall give by way of withdrawal, modification
or reversal of any previous direction given by him.
ARTICLE XXIII. The Contractor hereby represents that prior
to the execution of this contract he has read each and every article
and section of this contract and of the specifications and has had
full opportunity to consider the same and to make necessary in-
vestigations relating thereto ; and he shall not make any claim for,
or have any right to, damages or an extension of time for com-
pletion of the Works or any other concession because of any
misinterpretation or misunderstanding of this contract or of the
specifications or because of any lack of information.
ARTICLE XXIV. The specifications do not include all require-
ments, but are requirements in addition to those elsewhere given
or provided in this contract. The specifications and the other pro-
visions of this contract are intended to be explanatory of one
another. Should, however, any discrepancy appear or any mis-
understanding arise as to the import of anything contained in
either, the decision or explanation of the Engineer shall be final
and conclusive.
If in the specifications or in this contract any matter or thing
requisite be not indicated, nevertheless the same is deemed to be
included and the Contractor shall do or furnish the same as part
of the work hereunder.
12
CHAPTER III
SPECIFICATIONS
GENERAL SECTIONS
SECTION 1. There are to be two classes of borings under this classes of
contract — Land Borings and River Borings.
SECTION 2. The work to be done under this contract consists work to be
of making borings along the lines of proposed rapid transit rail-
road routes as they may be needed and ordered :
IN THE BOROUGHS OF MANHATTAN, BROOKLYN, QUEENS AND
BRONX AND IN THE EAST RlVER.
SECTION 3. Drawings will be issued to the Contractor by Drawings
the Engineer from time to time as the borings are needed, giving
the approximate location of same. Such drawings may be
altered and changed or withdrawn by the Engineer or new draw-
ings substituted therefor by him at any time.
SECTION 4. The work at all times shall be conducted under supervision of
the supervision and direction of the Engineer. Every facility and
assistance shall be given by the Contractor to the Engineer to
note and obtain knowledge of each and every occurrence in the
process of boring which will help to determine the character or
change in character of the rock or other material penetrated, and
ample opportunities and facilities shall also be given the En-
gineer for correctly determining the depth of each boring. The
Contractor shall not remove the pipes or apparatus or do any-
thing to render it difficult or impracticable for the Engineer to
determine satisfactorily the depth to which each hole has been
sunk and the character of the material passed through.
SECTION 5. Orders and directions may be given orally by the orders
Engineer to, and shall be received and promptly obeyed by, the
Contractor or his representative or any superintendent, overseer
or foreman of the Contractor who may have charge of the par-
ticular work in relation to which the orders or directions are
given, and a confirmation in writing of such orders or directions
will be given to the Contractor by the Engineer if so requested.
13
SPECIFICATIONS
The Contractor or his duly authorized representative shall be
present at all times on the work to receive orders and directions
from the Engineer.
Hours during
which work
may be
prosecuted
Records of
borings
Receptacles
for samples
Rock cores
SECTION 6. The land borings may be carried on between
7 A. M. and 11 P. M. if the machines used by the Contractor do
not create sufficient noise to cause complaints from the residents
in the vicinity where the machines are working. If, in the opinion
of the Engineer, the machines are too noisy, the work shall be
prosecuted between 7 A. M. and 7 P. M. The Contractor may
carry on the river work at such hours as may be deemed most
advantageous.
SECTION 7. An accurate record shall be kept by the Con-
tractor of all material penetrated, as well as of the depth of each
boring; samples of the materials penetrated shall be taken by the
Contractor in the manner directed by the Engineer and as fre-
quently as will indicate each and every change in their character ;
the samples shall be preserved by the Contractor in suitable re-
ceptacles furnished by him. These receptacles shall be numbered
and marked by the Contractor so as to be readily identified and
shall be delivered by the Contractor at the office of the Engineer.
SECTION 8. The receptacles for samples of all materials other
than rock cores shall be glass bottles similar to samples in the
office of the Engineer to be shown the Contractor on application ;
the receptacles for cores of rock shall be suitable pine boxes par-
titioned so that the cores for each boring can be kept separate.
The rock cores shall be carefully handled so they will not be
destroyed or injured, and great care shall be taken to recover as
large a percentage of the cores as possible.
Records of
seams or
fissures in
rock
SECTION 9. Should it be impracticable at any depth of the
rock to obtain a core, or should a seam or soft disintegrated rock
be encountered, particular care shall be taken to obtain accurate
samples of the material and the correct measurements of the
depth for which no core is obtainable.
Core borings,
how made
SECTION 10. Whenever ledge rock is encountered, a drill shall
be used to furnish a core of the specified size, the hole being
drilled to the depth ordered. The borings are to be made with
14
SPECIFICATIONS
a diamond drill or by the chilled shot method as the Engineer
shall in each case determine.
SECTION 11. Blasting with small charges will be allowed for
the removal of a boulder or other obstruction which cannot be
conveniently removed otherwise. All necessary precautions must
be exercised by the Contractor as required by the ordinances of
the City relative to blasting, including the obtaining of such per-
mits as may be necessary.
SECTION 12. The borings shall be made at locations as finally
determined by the Engineer and shall be carried to the depths
required by the Engineer. The Contractor shall give the En-
gineer the assistance necessary to fix the locations and shall de-
vise and adopt means of maintaining the correct locations when
once established.
SECTION 13. Should the pipes or apparatus be removed or NO
should the hole be abandoned without the permission of the Engi- holes
neer or during his absence or before the location of the hole
and its depth be determined by him or should a boring be started
but for any reason not carried to the depth required by the Engi-
neer, no payment will be made for the uncompleted hole, except
as specified in Section No. 36.
SECTION 14. The Commission will obtain the necessary per- Permits, etc.
mits, including those for the river borings, but not including
blasting permits, from the authorities in charge, but the Con-
tractor shall be responsible for carrying out the work in accord-
ance with the provisions of such permits and shall pay all
charges in connection with the obtaining or issuing of permits
and the performance of the work. A copy of the permit issued
by the War Department to the Commission for making borings
in the East River is annexed hereto and made a part hereof,
and the Contractor is bound by all the terms and conditions
thereof and is required carefully to comply therewith.
The Contractor shall keep himself fully informed of and
carry out all laws and municipal and federal ordinances and regu-
lations in any manner affecting those engaged or employed in
the work or the appliances used in the work or in any way affect-
ing the conduct of the work and all orders and decrees of bodies
or tribunals having any jurisdiction or authority over the same.
15
SPECIFICATIONS
Rules of War
Department,
etc., to be
observed
Difficult river
work
Transportation
of Engineer
Land borings
SECTION 15. For all river work the rules and regulations of
the War Department and of the Superintendent of Anchorages
shall be observed, and the Contractor shall assume all risks for
accidents of whatever nature that may occur during the progress
of the work. In the East River the tide and traffic conditions
make borings difficult and hazardous. The Contractor must be
prepared to carry out his work under the conditions to be met and
to maintain a satisfactory rate of progress. All operations of
the Contractor shall be carried on so as to cause as little hindrance
as possible to navigation or to the use of adjacent docks or piers.
The work outside of the pier-head lines shall be carried on from
floating scows or barges only, and not more than one scow or
barge will be allowed on any one line at one time. A Government
inspector, at a salary of not more than one hundred dollars ($100)
per month to be paid by the Contractor, will be assigned to the
river work. The Contractor shall pay the salary of such in-
spector. A certified check shall be furnished by the Contractor
and deposited with the proper Government official as security, as
provided in the annexed permit of the War Department.
SECTION 16. The Contractor shall furnish a suitable tug,
launch or other boat for the use of the Engineer at all times when
operations are being carried on in the East River. The tug or
launch shall be available to transport any employee of the Com-
mission between the shore and the point or points at which work
is being carried on. No direct payment shall be made for fur-
nishing this transportation, but it is understood that compensa-
tion for the same is included in the prices stipulated in Schedule
Items 3 and 4.
SECTION 17. The land borings will include all holes except
those bored from floating barges or scows furnished by the Con-
tractor over the East River. Holes bored from piers will be con-
sidered land borings. Land borings are to be carried generally
to the subgrade of the proposed tunnel, but they may be required
to be extended to a greater depth. If rock is encountered, a
penetration of fifteen (15) feet may be required. In the sections
for elevated railroads it is expected that the borings will not, as
a rule, exceed about fifteen (15) feet in depth, though they may
be required to be extended if the Engineer deems it advisable.
16
SPECIFICATIONS
• SECTION 18. For river work it is expected that the borings River
will be carried at least to the subgrade of the proposed tunnels,
and, if in the opinion of the Engineer the nature of the material
indicates that it is advisable, they may be required to be extended
to a greater depth. If the results at any point indicate in the
opinion of the Engineer the advisability of changing the line of
the proposed tunnel, borings along that line may be abandoned
and additional borings may be required along other lines.
SECTION 19. Should the Engineer decide to omit the holes
at any of the points indicated on the drawings furnished,
such holes shall be omitted by the Contractor, but the omission
of any holes by order of the Engineer shall not be construed to
be an improper curtailment of the work covered by this contract
or the benefits accruing therefrom, and the Contractor will not
ask, claim or sue for any damage or loss of prospective profits
by reason of such omissions.
SECTION 20. The depth of each boring for which payment is
to be made under this contract shall be determined by the Engi-
neer, by measurement as provided elsewhere.
SECTION 21. The Contractor shall pay all charges for water
used or wasted and for hydrant inspection by Inspectors of the
City Water Department, the cost of same being deemed to be in-
cluded in the prices paid for the various items.
SECTION 22. On the completion and measurement of each Removal of
and every boring the Contractor shall promptly remove all plant, P
casing, boats, staging and other materials that may have been used
in connection with the work; and in the case of borings on land
he shall promptly restore the surface of the ground, pier, street
or sidewalk to its original condition.
17
Description
Records and
samples
Measurement
for sinking
casinga
Payment for
sinking casings
LAND BORINGS
SINKING 2^-lNCH AND 8-lNCH CASING
Item 1
SECTION 23. Schedule Item 1 includes all the land borings in
the Boroughs of Manhattan, Brooklyn, Queens and Bronx, to be
made under this contract in so far as these borings may pass
through earth or other materials, including boulders, until ledge
rock is reached (or until the boring is completed, if ledge rock
is not encountered.)
SECTION 24. An accurate record shall be kept by the Con-
tractor of all materials passed through. The samples obtained by
washing the material from the interior of the casing will, in gen-
eral, be considered satisfactory. Care must be taken to obtain
samples which represent as accurately as possible the materials
penetrated, and at times dry samples may be required. The sam-
ples shall be taken in the manner directed and as frequently as
ordered.
SECTION 25. The measurement for payment for sinking
casing shall be from the surface of the ground, pavement, side-
walk or pier floor to the bottom of the completed hole in case
ledge rock is not encountered, or to the point at which ledge
rock is encountered in case ledge rock is reached before the casing
is sunk to the required depth.
SECTION 26. Payment for sinking 2^ -inch and 8-inch casing
shall be made at the prices stipulated in Schedule Item 1, which
prices shall include all labor and material necessary to furnish
and sink the casing in place; obtaining, preserving, marking and
delivering samples of materials penetrated; preparing the holes
ready for drilling into the rock, if such drilling is required; re-
moving the casing after the rock has been bored to the depth
directed ; replacing street surfaces, pavements, curbing, sidewalks
and piers and repairing any damage that may have been caused
either to private or public property; the cost of all water used;
and the cost of hydrant inspection.
18
LAND BORINGS
DRILLING FOE I-!NCH AND 6-lNCH CORES
Item 2
SECTION 27. The sizes of core required are one (1) inch and sizes of cores
six (6) inches in diameter. The Contractor will be allowed to
furnish cores of a greater diameter than the size required if he
so desires, but the price paid shall be that specified for cores of
the diameter called for.
SECTION 28. The holes shall be carried into the ledge rock a Depth of holes
sufficient depth to determine satisfactorily the character of the
rock penetrated. In general, it is expected this depth will not
be more than fifteen (15) feet, although, in some cases, it may
be required to be extended to a greater depth.
SECTION 29. The total depth of rock boring shall be meas- Measurement of
holes
ured for payment from the surface of the ledge-rock to the bottom
of the completed hole.
SECTION 30. Payment for drilling for one (1) inch and six Payment for
(6) inch cores shall be made at the prices stipulated in Schedule
Item 2, which prices shall include all labor and material necessary
to furnish, set up and operate the drilling machines, remove,
mark, box, preserve and deliver the cores; all charges for water
and for hydrant inspection ; taking down and removing the drill-
ing machines and cleaning up the premises occupied by such
machines.
19
RIVER BORINGS
SINKING CASING FOR I^-!NCH AND 6-lNCH CORES
Item3
SECTION 31. Casings may be sunk for the river borings from
a floating scow or barge only. The casing shall be of such size
as the Contractor deems necessary to furnish the size of cores
required in Schedule Item 4.
SECTION 32. All necessary facilities and assistance must be
provided by the Contractor to allow the holes to be bored within
ten (10) feet of the point designated by the Engineer. The Con-
tractor shall adopt means to maintain correct locations of holes
when once established.
SECTION 33. The measurement for payment for sinking
casing shall be made from mean high water (Rapid Transit
datum) as established by the levels of the Engineer to ledge-rock,
or to the bottom of the completed hole if ledge-rock is not
encountered.
SECTION 34. Payment for sinking casing shall be made at
the prices stipulated in Schedule Item 3, which prices shall include
all labor and material necessary to furnish and sink the casing in
place; obtaining, preserving, marking and delivering samples of
materials penetrated; preparing the hole for boring into rock;
removing the casing after the hole has been bored and removing
all other obstructions in the water ; and the payment of the salary
of the Government inspector as elsewhere provided.
DRILLING FOR I^-!NCH AND 6-lNCH CORES
Item 4
SECTION 35. For river borings one and three-eighths (1^6)
inch and six (6) inch cores will be required, the borings to be
made with either a diamond drill or by the shot drill method,
as the Engineer shall in each case determine. In general it is ex-
pected that the borings will be carried to the subgrade of the
proposed tunnels.
SECTION 36. In river borings where rock is encountered all
20
RIVER BORINGS
holes lost through accident for which the Contractor is clearly
not responsible shall be paid for at the prices stipulated if rock
penetration is equal to fifty per centum (50%) of that called for.
If the hole is lost before rock has been penetrated to a depth
equivalent to fifty per centum (50%) of that required, payment
shall be made only when the information obtained from such
hole shall, in the opinion of the Engineer, be sufficient to warrant
the payment of the amount that would be due the Contractor
at the price stipulated for the work prior to the loss of the hole.
All holes lost through negligence or carelessness on the part of
the Contractor or his employees, as determined by the Engineer,
shall not be paid for.
SECTION 37. The total depth of rock boring shall be meas-
ured for payment from the surface of the ledge rock to the
bottom of the completed hole.
SECTION 38. Payment for drilling for one and three-eighths
(1-Hs) inch and six (6) inch cores shall be made at the prices
stipulated in Schedule Item 4, which prices shall include all labor
and material necessary for furnishing, setting up and operating
drilling machines; removing, marking, boxing, preserving and
delivering the cores; taking down and removing machines, to-
gether with all appurtenances.
21
APPENDIX TO SPECIFICATIONS
PERMIT OF SECRETARY OF WAR
WAR DEPARTMENT
WASHINGTON
24152
July 2J}
DEAR SIR:
traMmittai Referring to your application of 27th ultimo, I transmit here-
with, for retention, an instrument granting the Public Service
Commission, First District, State of New York, permission, re-
vocable at will by the Secretary of Wrar, to make borings in East
River, in connection with the proposed location of tunnels be-
tween New York City and Brooklyn, and to maintain in connec-
tion with such work an anchored scow or scows in the waterway,
or to establish temporary staging or piles, if deemed necessary;
all at location and as shown on drawings attached to the instru-
ment, and subject to the conditions and provisions set forth
therein.
Very respectfully,
(Signed) ROBERT SHAW OLIVER
Acting Secretary of War
MR. WM. R. WILLCOX, Chairman
Public Service Commission, First District
154 Nassau St.
New York City
(Inclosures: 81787—1 & 9—11 Engs.)
Act of congress WHEREAS, By Section 10 of an act of Congress, approved
approved
March 3, 1899 March 3, 1899, entitled "An Act making appropriations for the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes," it is provided that
it shall not be lawful to build or commence the building of any
wharf, pier, dolphin, boom, wier, breakwater,* bulkhead, jetty,
or other structure in any port, roadstead, haven, harbor, canal,
navigable river, or other water of the United States, outside
established harbor lines, or where no harbor lines have been
established, except on plans recommended by the Chief of Engi-
neers and authorized by the Secretary of War; and it shall not
22
APPENDIX TO SPECIFICATIONS
be lawful to excavate or fill, or in any manner to alter or modify
the course, location, condition, or capacity of, any port, road-
stead, haven, harbor, canal, lake, harbor of refuge, or inclosure
within the limits of any breakwater, or of the channel of any
navigable water of the United States, unless the work has been
recommended by the Chief of Engineers and authorized by the
Secretary of War prior to beginning the same ;
AND WHEREAS, THE PUBLIC SERVICE COMMISSION (for the
First District), State of New York, has applied to the Secretary
of War for permission to make borings in the EAST RIVER in
connection with the proposed location of tunnels between New
York City and Brooklyn, New York, and to maintain in connec-
tion with the work an anchored scow or scows in the waterway,
or to establish temporary stagings or piles if deemed necessary;
all at the location and as shown on the attached drawings ; which
work has been recommended by the Chief of Engineers, United
States Army, subject to the conditions and provisions hereinafter °f Engineers
embodied :
Now, THEREFORE, This is to certify that the Secretary of Permission
War hereby gives permission, revocable at will by the Secretary
of War, unto the said THE PUBLIC SERVICE COMMISSION to make
borings in the EAST RIVER in connection with the proposed loca-
tion of tunnels between New York City and Brooklyn. New York,
and to maintain in connection with the work an anchored scow
or scows in the waterway, or to establish temporary stagings or
piles if deemed necessary; all at the location and as shown on
said drawings ; subject to the following conditions and provisions :
(1) That no piles, stagings or other constructions attached NO piles, etc.,
to the bottom shall be allowed outside of the pierhead lines ap- heSdiein!?r~
proved by the Secretary of War.
(2) That borings may be carried on from not more than Not more than
three (3) scows or barges simultaneously, only one of which ^scoT™ °
scows or barges shall be located on a single tunnel line, and all °
of which scows or barges simultaneously operating shall be
located on a single up and down stream line defined by the direc-
tion of the current; Provided, That should the obstruction to
traffic become, in the opinion of the Engineer Officer of the
United States Army in charge of the improvement of the East
23
APPENDIX TO SPECIFICATIONS
River, unduly great, the number of scows to be operated simul-
taneously shall be reduced as he may direct.
Buoys (3) That the boundaries of the area above the plane of 26
feet below mean low water obstructed by each scow or barge and
its anchor lines shall be marked by buoys.
Lights (4) That all floating plant and buoys shall be lighted at
night to the satisfaction of said local engineer officer, and in
accordance with the regulations of the Department of Commerce
and Labor.
(5) That where pipe or other appliances for obtaining cores
have been set in the bottom, the scow or barge from which set
shall remain over them continuously until they are removed.
No violations
authorized
Supervision of
Engineer
Officer of
United States
Army
United States
Inspector
(6) That this permit is not to be construed as authorizing
the violation of any government, state or municipal regulation,
nor as relieving said licensee from due responsibility for damage
to or by its plant.
(7) That the work permitted shall be subject to the super-
vision of the Engineer Officer of the United States Army in
charge of the improvement of the East River, whose decisions
with regard to the interference with navigation shall be final, and
who shall have authority to suspend, at any time, the operation
of this permit on the ground of failure to comply with its terms
or of undue or unforeseen interference with navigation.
(8) That the United States will be represented on the work
by an inspector appointed by said Engineer Officer of the United
States Army in charge of the improvement of the East River, at
a salary not to exceed $100 per month, to be paid by said
licensee, through the office of said local engineer officer, on bills
submitted by said officer ; and that, as a guarantee for the proper
discharge of this obligation, said licensee shall at all times, while
the work is in progress, keep on deposit with said Engineer
Officer of the United States Army charged with the improvement
of the East River, in the form of certified checks payable to the
official order of that officer, an amount sufficient to cover the
salary of the inspector during the coming three months; Pro-
vided, That on the completion of the work and the final discharge
of said licensee's obligation with regard to the payment of the
U. S. Inspector, the full amount of the security then on hand
24
APPENDIX TO SPECIFICATIONS
shall be returned to said licensee, it being understood that the
security or any part thereof shall be disbursed by the United
States only in payment of salary to the inspector on the failure
of the said licensee to pay said salary on the bills rendered by
the office of said Engineer Officer of the United States Army in
charge of the improvement of the East River.
WITNESS my hand, this 27th day of JULY, 1911
(Signed) ROBERT SHAW OLIVER
Acting Secretary of War
25
CHAPTER IV
Contractor's
bond
Deposit of
cash or
securities
SECURITY TO BE FURNISHED BY CONTRACTOR
ARTICLE XXV. Simultaneously with the execution and de-
livery of this contract the Contractor shall give security for the
performance of his obligation by filing with the Comptroller a
bond in the form annexed hereto and entitled "Form of Con-
tractor's Bond," executed by the Contractor and by two or
more sureties to be corporations or persons approved by the Com-
mission, in the sum of five thousand dollars ($5,000). The ex-
ecution of the bond must be duly proved before the delivery of
the bond in the form essential to proof to entitle a deed to record
in the State of New York and full affidavits of justification of
the sureties must be added. In case any of the sureties upon the
bond shall become insolvent or unable in the opinion of the Com-
mission'to pay promptly the amount of such bond to the extent
to which such surety might be liable, then the Contractor within
ten (10) days after notice by the Commission to the Contractor
shall, by supplemental bond or otherwise, substitute another and
sufficient surety approved by the Commission in place of the
surety so insolvent or unable. If the Contractor shall fail within
such ten (10) days or such further time, if any, as the Commis-
sion may grant to substitute another and sufficient surety, then
the Contractor shall, if the Commission so elect, be deemed to be
in default in the performance of his obligations hereunder and
upon the said bond, and the Commission in addition to any and
all other remedies may terminate this contract or may bring any
proper suit or proceeding against the Contractor and the sureties
or either of them or may require the Comptroller to deduct from
any moneys then due or which thereafter may become due to the
Contractor under this contract the amount for which the surety
insolvent or unable as aforesaid shall 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.
The Contractor may at his option deposit with the Comp-r
troller in lieu of said bond cash equal in amount to the entire
amount of the said bond. In case the Contractor shall deposit
cash, the said deposit shall be security for the faithful perform-
ance by the Contractor of all the conditions, covenants and re-
quirements specified and provided for in this contract. In case
of any default on the part of the Contractor in such performance
26
SECURITY TO BE FURNISHED BY CONTRACTOR
and in the further case that the City shall for or by reason of
such default, whether by reason of employment of another con-
tractor or contractors or otherwise, incur or become liable for
expense or be required to make any payment or incur or suffer
any loss or damage, then the Comptroller shall, upon the require-
ment of the Commission, forthwith pay or apply to the use of
the City the amount of such expense, payment, loss or damage
out of the said deposit or out of the portion of the deposit re-
maining at the time. And in such case the Contractor within
ten (10) days after notice from the Commission so to do shall
by further deposit of money restore the said deposit with the
Comptroller to the full amount originally required ; and in case
he shall fail to do so, he shall, if the Commission so elect, be
deemed to be in default in the performance of his obligations
hereunder, and the Commission, in addition to any and all other
remedies, may require the Comptroller to deduct from any
moneys then due or which thereafter may become due to the
Contractor under this contract such amount as may be necessary
to restore the said deposit with the Comptroller to the full amount
originally required; and the Comptroller shall hold the money
so deducted as if part of the original deposit or as if deposited
with him as aforesaid; and such amount shall in such case be
deemed to have been. paid to the Contractor upon this contract.
When the Contractor shall have fully completed the Works
according to the terms of this contract and the Commission shall
so certify, the Comptroller shall pay to the Contractor the said
deposit or so much thereof as shall not be reserved, or shall not
have been used or applied, for any of the purposes herein
mentioned.
ARTICLE XXVI. In addition there shall be deducted ten per Retained
percentages
centum (10%) of the amounts certified from time to time to be
due to the Contractor which shall be held as further security for
the faithful performance by the Contractor of all the conditions,
covenants and requirements specified and provided for in this
contract.
27
Partial
payments
Estimates
Not by strict
measurement
Vouchers
CHAPTER V
PAYMENTS TO CONTRACTOR
ARTICLE XXVII. In order to assist the Contractor to prose-
cute the work advantageously, the Engineer shall, from time to
time, as the work progresses, but not more often than once a
month, make in writing an estimate, such as in his opinion shall
be just and fair, of the amount and value of the work done and
materials furnished by the Contractor according to the terms
of this contract, provided, however, that estimates may at any
time be withheld or reduced, if, in the opinion of the Engineer,
the work is not proceeding in accordance with this contract. The
first such estimate shall be of the amount and value of the work
done and materials furnished since the Contractor commenced
the performance of this contract on his part. Every subsequent
estimate except the final estimate shall be of the amount and
value of the work done and materials furnished since the last
preceding estimate was made, provided', however, that no such
estimate shall be required to be made when, in the judgment of
the Engineer, the total value of the work done and materials
furnished since the last preceding estimate amounts to less than
five hundred dollars ($500).
ARTICLE XXVIII. Such estimates shall not be required to
be made by strict measurement, but they may be made by meas-
urement or by estimation, or partly by one method and partly
by the other, and it shall be sufficient if they are approximate
only.
ARTICLE XXIX. Upon each such estimate being made and
certified in writing to the Commission, the Commission shall
prepare and certify a voucher for ninety per centum (90%)
of the amount stated in such estimate or certificate to be the
value of the work done and materials furnished, and the City
shall within thirty (30) days after the date of the certification
of such voucher by the Commission pay the same; provided,
however, that the City may at all times reserve and retain from
said partial payments, or any of them, in addition to the ten
per centum (10%) above mentioned to be retained and reserved,
any sum or all sums which by the terms hereof or of any law
of the State of New York it is or may be authorized to reserve
or retain.
28
PAYMENTS TO CONTRACTOR
ARTICLE XXX. Whenever, in the opinion of the Engineer, Final estimate
the Contractor shall have completely performed this contract on
his part and no further work shall be required of him hef^tmder,
the Engineer shall so certify in writing to the Commission
and in his certificate shall state from actual measurements
the whole amount of work done by the Contractor and also the
value of such work under and according to the terms of this
contract. On the expiration of forty (40) days after the ac-
ceptance by the Commission of the work herein agreed to be
done by the Contractor and the filing of a certificate of the com-
pletion and acceptance of the work in the office of the Comp-
troller signed by the Engineer and the Commission, the City
shall pay to the Contractor the amount remaining after deduct-
ing from the amount or value stated in the last-mentioned cer-
tificate all such sums as shall theretofore have been paid to the
Contractor under any of the provisions of this contract and also
any sum or all such sums of money as by the terms hereof the
City is or may be authorized to reserve or retain; provided, that
nothing herein contained shall be construed to affect the right,
hereby reserved, of the Commission to reject the whole or any
portion of the aforesaid work, should the said certificate be
found or known to be inconsistent with the terms of this contract
or otherwise improperly given. All prior certificates upon which
partial payments may have been made, being merely estimates,
shall be subject to correction in the final certificate, which final
certificate may be made without notice thereof to the Contractor
or of the measurements upon which it is based.
ARTICLE XXXI. If the payment of the amount due the Con-
tractor on any voucher shall be delayed beyond the time stipu- p
lated in Article XXIX in the case of partial payment, or Article
XXX in the case of final payment, the City shall pay the Con-
tractor interest on such amount at the rate of four and one-
half per centum (4^%) per annum for the period of such de-
lay; it being understood that such payments of interest, if any,
are to be in lieu of any claim of the Contractor for alleged
damages for breach of contract or otherwise in case of delayed
payments. The term for which interest shall be paid shall be
reckoned, in the case of a partial payment from the thirtieth
day after the certification of such voucher by the Commission,
and in the case of a final payment from the fortieth day after
29
PAYMENTS TO CONTRACTOR
the acceptance of the work by the Commission, to the date of
payment of the voucher. The date of payment of a voucher shall
be considered the day on which the voucher is ready for pay-
ment as evidenced by the records of the Department of Finance.
If interest shall become due on any partial payment, the amount
thereof, as determined by the Commission, shall be added to a
succeeding payment. If interest shall become due on a final
payment, it shall be paid on a supplementary voucher prepared
by the Commission and forwarded to the Comptroller for pay-
ment in the usual manner.
ARTICLE XXXII. The City shall not nor shall any department
or officer thereof be precluded or estopped by any return or cer-
tificate made or given by the Commission, any Engineer or other
officer, agent or appointee thereof under any provision of this
contract from at any time either before or after the final com-
pletion and acceptance of the work and payment therefor pur-
suant to any such return or certificate showing the true and
correct amount, quality and character of the work done and ma-
terials furnished by the Contractor or any other person under
this agreement or from showing at any time that any such re-
turn or certificate is untrue and incorrect or improperly made
in any particular or that the work and materials or any part
thereof do not in fact conform to the specifications ; and the City
shall not be precluded or estopped, notwithstanding any such
return or certificate and payment in accordance therewith, from
demanding and recovering from the Contractor such damages
as it may sustain by reason of his failure to comply with this
contract or the specifications.
ARTICLE XXXIII. Neither the acceptance by the Commis-
sion or its Engineer or any of its employees nor any order,
measurement or certificate by the Engineer nor any order by
the Commission for payment of money nor any payment for,
nor acceptance of, the whole or any part of the work by the En-
gineer or the Commission nor any extension of time nor any
possession taken by the Commission or its employees shall
operate as a waiver of any portion of this contract or of any
power herein reserved to the Commission or of any right to dam-
ages herein provided ; nor shall any waiver of any breach of this
30
PAYMENTS TO CONTRACTOR
contract be held to be a waiver of any other or subsequent
breach.
ARTICLE XXXIV. The acceptance by the Contractor of the
last payment aforesaid shall be and shall operate as a release to cftyility of
the City from all claim and liability to the Contractor for any-
thing done or furnished for, or relating to, the work or for any
act or neglect of the Commission, the City or of any person
relating to or affecting the work, except only the claim against
the City for the remainder, if any there be, of the amounts kept
or retained as provided in this contract.
ARTICLE XXXV. If the Contractor shall claim compensa- contractor's
claims for
tion for any damage sustained by reason of any act or neglect damage
of the City or the Commission or their agents, he shall, within
ten (10) days after the sustaining of such damage, make a
written statement to the Engineer of the nature of the damage
sustained. On or before the fifteenth day of the month succeed-
ing that in which any such damage shall have been sustained, statement of
the Contractor shall file with the Engineer an itemized statement filed with
of the details and amount of such damage, and, unless such state-
ment shall be made as thus required, his claim for compensation
may in the discretion of the Commission be forfeited and in-
validated and he shall not be entitled to payment on account of
any such damage.
ARTICLE XXXVL If at any time before or within thirty Lien Law
(30) days after the whole work agreed herein to be performed
has been completed and accepted by the City, any person or
persons claiming to have performed any labor or furnished
any material toward the performance or completion of this
contract shall file with the Commission and with the Comp-
troller any such notice as is described in the Lien Law, the
City may retain from any moneys which would otherwise be
payable to the Contractor hereunder by the City an amount
or amounts sufficient to satisfy and discharge the amount in
such notice claimed to be due, together with the costs of any
action or actions brought to enforce such lien created by the
filing of such notice, until such lien shall be discharged as pro-
vided by law. If such lien shall be foreclosed according to
law, then the City may pay the amount necessary to satisfy
31
PAYMENTS TO CONTRACTOR
such lien, with interest and costs, to the person entitled there-
to, and such payment shall be deemed to be a payment here-
under to the Contractor by the City. If the amount or amounts
so retained shall not be sufficient to satisfy such lien so fore-
closed with interest and costs, the deficiency may be retained
by the City out of any moneys thereafter becoming due to the
Contractor hereunder.
32
CHAPTER VI
CONTRACTOR'S LIABILITY FOR INJURIES TO PER-
SONS OR PROPERTY
ARTICLE XXXVII. The Contractor expressly admits and contractor
. . approves
covenants to and with the City that the specifications and other specifications,
etc. , as i
provisions of this contract, if the work be done without fault involving no
^ . damage
or negligence on the part of the Contractor, do not involve any
danger to surface or subsurface structures or to navigation;
and the Contractor will at his own expense make good any dam-
age that shall, in the performance of the work hereunder, be done
to any surface or subsurface structures or to navigation. The
liability of the Contractor under this covenant is absolute and
is not dependent upon any question of negligence on his part
or on the part of his agents, servants or employees and the neg-
lect of the Engineer to direct ihe Contractor to take any par-
ticular precautions or to refrain from doing any particular thing
shall not excuse the Contractor in case of any such damage.
ARTICLE XXXVIII. The Contractor shall during the per- Traffic to be
formance of the work safely maintain the traffic on streets, maintained
avenues, highways, parks, waters and other public places and
shall take all necessary precautions and place proper guards for
the prevention of accidents and shall put up and keep at night
suitable and sufficient lights.
ARTICLE XXXIX. The Contractor shall be solely responsible Indemnifica-
for all physical injuries to person or property occurring on ac- aSdents, etc.
count of the work hereunder and shall indemnify and save harm-
less the City from liability upon any and all claims for damages
on account of such injuries to person or property and from all
costs and expenses in suits which may be brought against the
City for such injuries to person or property; it being distinctly
understood, stipulated and agreed that the Contractor shall be
solely responsible and liable for and shall fully protect and in-
demnify the City against all claims for damages to person or
property occasioned by or resulting from the methods or process
of doing the work, whether such damages be attributable to
negligence of the Contractor or his employees or otherwise.
ARTICLE XL. In case any claim shall be made by any per- Money due the
son or corporation against the Contractor or the City for injury bentretainedmtJ
or alleged injury to person or property occurring or alleged to meet claims
33
CONTRACTOR S LIABILITY FOR INJURIES TO PERSONS OR PROPERTY
have occurred on account of the work hereunder, whether by
reason of the negligence, fault or default of the Contractor or
otherwise, or for any infringement or alleged infringement of
patents or for any neglect, fault or default or alleged neglect,
fault or default of the Contractor, the amount of such claim or
so much thereof as the Commission may deem reasonable shall,
upon the requirement and in the discretion of the Commission,
be retained by the Comptroller out of any moneys then due or
thereafter growing due to the Contractor hereunder (in addi-
tion to the other sums herein authorized to be so retained) as
security for the payment of such claim or claims. If and when
the liability of the City or the Contractor on such claim or claims
shall have been established by a judgment of a court of compe-
tent jurisdiction or such claim or claims shall have been ad-
mitted by the Contractor to be valid, the said claim or claims
may be paid from the amount so retained and the balance, if
any, paid to the Contractor. Should there be any unsatisfied
claim or claims for injury or alleged injury to person or prop-
erty occurring or alleged to have occurred on account of the
work hereunder, whether by reason of the negligence, fault or
default of the Contractor or otherwise, or for any infringement
or alleged infringement of patents or for any neglect, fault or
default or alleged neglect, fault or default of the Contractor at
the time when the final voucher for the work is prepared and
certified, th? Commission shall have the right to retain out of
the final payment and to deduct from the amount of the final
voucher a sum in its judgment sufficient to protect the City in
regard to all unsatisfied claims as aforesaid and in case the
amount thus retained should be insufficient to pay the amount
adjudicated to be due upon such claim or claims, the City may
sue for and recover from the Contractor the amount or balance
as a debt from the Contractor to the City. The Commission may
further, if in its judgment such a course is necessary or proper,
at the time of perparing and certifying the final voucher and as
a condition of preparing and certifying the same, require the
Contractor to continue his bond or deposit or any part thereof
as security against any such unsatisfied claims for a time not
exceeding the time when such claim would be legally barred.
CONTRACTOR'S LIABILITY FOR INJURIES TO PERSONS OR PROPERTY
ARTICLE XLL All risk of loss or damage to the work or to
any part thereof or to any of the materials, plant, tools, appli- construction
ances, supplies or other things used in doing the work prior to
final completion is assumed and shall be borne by the Contractor,
and any such loss or damage shall be made good by the Con-
tractor at his own cost, and the work shall be carried forward
by him in accordance with this contract without additional
cost to the City by reason of such loss or damage.
ARTICLE XLII. The Contractor shall hold himself and shall claims for
infringement of
be responsible for any claims made against the City for any patents
infringements of patents by the use of patented tools, articles or
appliances in the performance or completion of the work or by
the use of any process or method connected with the work or by
the use of any materials used upon the work; and he shall save
harmless and indemnify the City from and against all costs, ex-
penses and damages which the City shall be obliged to pay by rea-
son of any such infringement.
35
CHAPTER VII
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC.
ARTICLE XLIII. Time is of the essence of this contract.
The Contractor shall begin actual work within ten (10) days
after the date he is ordered to make any borings and shall thence-
forth prosecute the work continuously and diligently. Any
work ordered done under this contract shall be completed in all
respects within the shortest practicable time after the date of
such order and in any event shall be completed three (3) months
from the date when such work was ordered.
ARTICLE XLIV. In the event of delay in completion of any
work ordered hereunder beyond the period herein prescribed
therefor or beyond the period to which such time may be ex-
tended as provided in this Chapter by resolution of the Com-
mission for good cause shown, the City shall be paid damages
for such delay. Inasmuch as the amount of such damages will
be extremely difficult to ascertain, especially in view of the fact
that the borings are a preliminary part of the construction of
portions of a rapid transit railroad system and that any delay
in the making of said borings may delay the construction and
completion of said system, it is hereby expressly agreed that such
damages shall be liquidated and paid as follows : The Contractor
shall pay to the City for each and every clay, except Sundays
and legal holidays, that he shall be in default in completing any
work ordered under this contract the sum of twenty dollars
($20), which sum is hereby agreed upon not as a penalty but
as liquidated damages which the City will suffer by reason of
such default. The City shall have the right to deduct such
amounts from any moneys due or which may thereafter become
due to the Contractor under this contract. But in case the Con-
tractor shall be actually and necessarily delayed by reason of
any labor strike not caused or instituted or provoked by the
Contractor or by any subcontractor, agent or representative of
the Contractor, or in case the Contractor shall be actually and
necessarily delayed by any injunction or by any interference of
public authority or by the suspension of the work by the Com-
mission as provided in Article XLVI or in case the work on the
East River shall be actually and necessarily delayed by storms.
ice or stress of weather and in case the Contractor cannot with
reasonable diligence make up for the delay so occasioned by
speedier work when the Contractor shall not be so delayed, then
36
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC.
the said date for completion shall except as hereinafter provided
be extended by resolution of the Commission to a date later than
the expiration of the said period of three (3) months by the
amount of the time of such delay as determined by the Com-
mission.
ARTICLE XLV. But no injunction, strike or interference of commission
iv .1 .. 1 11 1 may intervene
public authority shall be ground for such extension unless and jn case of
until the Contractor shall give the Commission notice of the in-
junction or other cause of delay, with copies of ,the injunction
or other orders and of the papers upon which the same shall
have been granted, and no extension shall be granted except for
the delay occasioned after the giving of such notice. Nor will
any extension be granted in any case unless the Contractor shall
prove to the satisfaction of the Commission all the facts which
entitle him to such extension. The Commission and the City
or either shall be accorded the right to intervene or become a
party to any suit or proceeding in which any such injunction
shall be obtained and to move to dissolve the same or otherwise,
as the Commission or the City may deem proper. If necessary
the Corporation Counsel or the Counsel to the Commission or both
shall be authorized by the Contractor to appear for that purpose
as counsel or attorneys for him.
ARTICLE XLVI. The Commission reserves the right of tern- suspension of
• 1 ,. . work and
poranly suspending the execution of the whole or any part of additional time
any work ordered to be performed hereunder, if it shall deem it ance
for the interest of the City so to do, without compensation to the
Contractor for such suspension other than extending the time
for completing the work as hereinbefore provided as much as
it may have been delayed by such suspension.
ARTICLE XL VII. Only the actual delay necessarily result-
extensions not
ing from one or more of the causes above mentioned shall be
ground for extension of time, and in case the Contractor shall
be delayed at any time or for any period by two or more of the
causes above mentioned, only one period of extension, if any,
shall be granted for such delay and the Contractor shall not
be entitled to a separate extension for each one of the causes
so operating, it being understood that only the actual period
of necessary delay, as determined by the Commission, irre-
37
TIME FOR COMPLETION, DAMAGES FOR DELAY, ETC.
spective of the number of causes contributing to produce such
delay, will be ground for extension of time.
ARTICLE XLVIII. The permitting of the Contractor to go on
anc^ finish the work or any part of it after the time fixed for
its completion or after the date to which the time for com-
pletion may have been extended or the making of payments
to the Contractor after any of such periods shall in no wise
operate as a waiver on the part of the City of any of its rights
under this contract.
38
CHAPTER VIII
REMEDIES IN CASE OF CONTRACTOR'S DEFAULT
ARTICLE XLIX. If any work to be done under this contract j£facua£e of
shall be abandoned by the Contractor, or if this contract shall
be assigned or the work sublet by him otherwise than as herein
specified, or if the Contractor shall not comply with such orders
as may from time to time be given by the Commission or the
Engineer with respect to the work, or if the Contractor shall
violate any of the provisions or covenants of this contract or of
the specifications or shall not execute the same in good faith and
in accordance with the terms hereof, or if at any time the Engi-
neer shall certify in writing to the Commission that in his opinion
suitable and sufficient materials, plant, power, tools, supplies or
other means of construction are not provided, or that a sufficient
number of workmen are not employed, in the execution of the
work under this contract, or that in his opinion the work or any
part thereof is not being carried on with such skill, diligence and
despatch as will insure the completion of the work within the
time specified in this contract, or if any work be not fully com-
pleted within the time named in this contract for its completion
or within the period to which the time for completion may be
extended by the Commission or (in view of the necessity for
special skill and ample financial resources in the prosecution of
the work) if the Contractor shall become insolvent or bankrupt
or if his property or affairs shall be put in the hands of a receiver
or receivers, then and in any of such cases the Commission may
upon not less than five (5) days' notice to the Contractor or upon
such shorter notice as in the opinion of the Commission may
be justified,
(1) Declare the Contractor to be in default; and the Com- £°a^X°n
mission may thereupon notify the Contractor, by a written ^jf6 of
notice, to discontinue all work or any part thereof under this
contract, and thereupon the Contractor shall discontinue the work
or such part thereof, and the Commission shall thereupon have
the right, either for the Contractor, for his account and at his
risk, or otherwise as the Commission may determine, to contract
for the completion of the Works or such part thereof, either
with or without public advertisement, or to place such and so
many persons as it may deem advisable, by contract or other-
wise, to work and complete the work herein described or such
part thereof, to take possession of and use any or all of the mate-
rials, plant, tools, appliances, equipment, supplies and property of
every kind provided by the Contractor for the purpose of his
work, and to procure other materials, plant, tools, appliances,
equipment, supplies and property for the completion of the Works
or such part thereof, and to charge the expense of said labor and
materials, plant, tools, appliances, equipment, supplies and proper-
ty to the Contractor. The expense so charged may be deducted
and paid by the City out of such moneys as may be due or may
at any time thereafter grow due to the Contractor under and by
virtue of this contract. And the Contractor shall, upon the com-
pletion of the Works or such part thereof or from time to time
during the course of the completion of the Works or such part
thereof, as the Commission may require, forthwith pay to the
City, with interest, the excess, if any, of the cost to the City of
the completion of the Works or such part thereof over the
amount payable to the Contractor for the same work and mate-
rials under the terms of this contract. And the completion of
the Works or such part thereof by the Commission shall not re-
lease or discharge the Contractor from liability with respect to
the remainder of the work or any other obligation or liability
hereunder; and when any particular part of the work is being
carried on by the Commission, by contract or otherwise, under
the provisions of this paragraph (1), the Contractor, unless he
shall have been directed to discontinue all work, shall continue
the remainder of the work in conformity with the terms of this
contract and in such manner as in nowise to hinder or interfere
with other contractors of the Commission or with the persons
or workmen employed, as above provided, by the Commission,
by contract or otherwise, to do any part of the work or to com-
plete the same under the provisions of this paragraph (1). Or
or contract (2) Declare this contract at an end except as to the liability of
the Contractor hereinafter in this paragraph provided for ; and the
Commission shall thereupon have the right to contract for the com-
pletion of the Works, either with or without public advertisement,
or to place such and so many persons as it may deem advisable, by
contract or otherwise, to work and complete the work herein
described, to take possession of and use all the materials, plant,
tools, appliances, equipment, supplies and property of every kind
40
REMEDIES IN CASE OP CONTRACTOR S DEFAULT
provided by the Contractor for the performance of his work
and to procure other materials, plant, tools, appliances, equip-
ment, supplies and property for the completion of the same. And
in case the expense to the City of completing the Works (includ-
ing the expense of procuring such other materials, plant, tools,
appliances, equipment, supplies and property) shall exceed the
amount which would have been payable to the Contractor for
the same work and materials under this contract if this contract
had been completed by the Contractor, he shall, upon the com-
pletion of the Works or from time to time during the course of
the completion of the Works as the Commission may require,
pay the amount of such excess, with interest, to the City; and
in case such expense shall be less than the amount which would
have been payable to the Contractor for the same work and
materials under this contract if this contract had been completed
by the Contractor, he shall forfeit all claim to the difference.
And the Contractor shall also pay to the City the amount of
any claim for which the City shall be liable for injury to person
or property occurring on account of any work done by the Con-
tractor under this contract, whether by reason of the negligence,
fault or default of the Contractor or otherwise, or for infringe-
ment of patents or for any neglect, fault or default of the Con-
tractor, and shall also pay to the City the amount of any other
expense which the City may incur or be liable for, and the
amount of any payment which the City may be required to make,
and the amount of any loss or damage which the City may incur
or suffer, by reason of any neglect, fault or default of the
Contractor. And
(3) The City may also proceed as to the Commission shall Or proceed
J , upon bond
seem proper upon the bond or other security m its possession.
And
(4) The City may also bring any suit or proceeding for Or. may brins
specific performance or for injunction or to recover damages
or to obtain any other relief or for any other purpose proper
under this contract.
ARTICLE L. In case the Commission shall by contract or Engineer's
otherwise complete the Works or any part thereof under the pro- 6 °f
visions of Article XLIX, the Engineer, upon the completion of
the Works or such part thereof or at any time thereafter upon
41
REMEDIES IN CASE OF CONTRACTOR S DEFAULT
demand in writing by either party hereto or from time to time
during the course of the completion of the Works or such part
thereof upon demand by the Commission, shall certify to the
amount of the expense incurred by the City in the completion
of the Works or such part thereof, and said certificate shall be
final and conclusive and admissible in evidence against the Con-
tractor in any litigation arising or growing out of this contract.
city may use ARTICLE LI. The City may avail itself of each and every
all remedies J ^ J J
remedy herein specifically given to the City or now or hereafter
existing at law or in equity or by statute, and each and every
such remedy shall be in addition to every other remedy so
specifically given or otherwise so existing and may be exercised
from time to time and as often and in such order as may be
deemed expedient by the Commission, and the exercise, or the
beginning of the exercise, of one remedy shall not be deemed
to be a waiver of the right to exercise, at the same time or there-
after, any other remedy, except that no two inconsistent remedies
shall be exercised at the same time.
42
TESTIMONIUM
In witness Whereof, this contract has been executed for
THE CITY OF NEW YORK by the PUBLIC SERVICE COMMISSION
FOR THE FIRST DISTRICT under and by virtue of a resolution duly
adopted by the Commission and the seal of the Commission has
been hereto affixed and attested by its Secretary and these pres-
ents have been signed by its Chairman, and the CONTRACTOR
has * [hereunto set hand and seal ]
[caused corporate seal to be hereto affixed
and these presents to be executed by proper officers]
the day and year first above written.
THE CITY OF NEW YORK
By the
PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT
By
Chairman
Attest
Secretary
* If the contractor is an individual, use the words enclosed in the first
bracket; if a corporation, use the words enclosed in the second bracket.
43
ACKNOWLEDGMENT FOR COMMISSION
STATE OF NEW YORK|
County of New Yorkj
On the day of 1914, before me per-
sonally appeared Edward E. McCall, and Travis H. Whitney,
to me known and known to me to be, the said Edward E. McCall,
the Chairman, and the said Travis H. Whitney, the Secretary
of the Public Service Commission for the First District; and the
said Edward E. McCall and Travis H. Whitney being by me duly
sworn, did depose and say, each for himself and not the one
for the other, the said Edward E. McCall, that he resides in the
Borough of Manhattan, in the City, County and State of New
York, that he is the Chairman of the said Commission and that
he subscribed his name to the foregoing contract by virtue of
the authority thereof; and the said Travis H. Whitney, that he
resides in the Borough of Brooklyn, in the County of Kings,
City and State of New York, that he is the Secretary of the said
Commission and that he subscribed his name thereto by like
authority; and both the said Edward E. McCall and Travis H.
Whitney that they know the seal of the said Commission and
that the seal affixed to the foregoing contract is such seal and that
the same was affixed to the foregoing contract by the authority
of the said Commission and of a resolution duly adopted by the
same.
44
ACKNOWLEDGMENT FOR CONTRACTOR
STATE OP NEW
County of New Yorkj
On this day of , 1914 before me per-
sonally appeared
to me known and known to me to be the individual described
in and who executed the foregoing instrument, and he duly
acknowledged to me that he executed the same.
STATE OF NEW YORK|
County of New York£
On this day of , 1914 before me per-
sonally appeared*
to me known, who, being by me first duly sworn, did depose and
say : That he resides in , in the State of
; that he is
of , the corporation
described in and which executed the foregoing contract; that he
knows the corporate seal of said company; that one of the seals
affixed to said contract is such corporate seal, and that it was
affixed thereto by order of the Board of Directors of said com-
pany, and that he signed his name thereto by like authority.
* If the Contractor be an individual or association of individuals use the
first form; if a corporation use the second form.
45
FORM OF CONTRACTOR'S BOND
Know all Men by these Presents, That
of
hereinafter called the CONTRACTOR and and
hereinafter called the SURETIES, are held and firmly bound unto
The City of New York, hereinafter called the CITY,, in the sum
of five thousand dollars ($5,000) lawful money of the United
States of America, to be paid to the City, for which payment
well and truly to be made the Contractor and the Sureties do
hereby bind themselves and their, and each of their, executors,
administrators, successors and assigns firmly by these presents,
as follows: The Contractor to be so held and bound for the
full amount of the said sum of five thousand dollars ($5,000)
and each of the said Sureties to be so held and bound only for
a portion of said sum as follows :
The said
for the sum of
dollars ($ ) ; and the said
for the sum of
dollars ($ ).
IN WITNESS WHEREOF, The Contractor and the Sureties have
hereunto set their hands and seals and such of them as are cor-
porations have caused their respective seals to be hereto affixed
and these presents to be attested by the proper officers, this
day of 1914.
WHEREAS the City, acting by the Public Service Commission
for the First District (hereinafter called the COMMISSION), is
about to enter into a contract with the Contractor bearing even
date herewith for the making of land and river borings along
the lines of proposed rapid transit railroads in the Boroughs of
Manhattan, Brooklyn, Queens and Bronx and under the East
River, particularly described in the said contract; and
WHEREAS the City is about to enter into such contract with
the Contractor upon the condition, and not otherwise, that this
bond shall be given to the City, and upon the faith thereof,
46
FORM OF CONTRACTOR S BOND
Now, THEREFORE, the condition of the foregoing obligation
is such that if the Contractor shall faithfully perform all the
conditions, covenants and requirements specified and provided
for in said contract, then this obligation shall be null and void,
but else it shall remain in full force and virtue.
IT is EXPRESSLY AGREED between the City and the Sureties
(and it is upon such agreement that the City accepts this bond)
that the Sureties will and do waive any and every notice of de-
fault on the part of the Contractor ; that they will and do permit
the City to extend the time of the Contractor to do any act ; that
no omission on the part of the City to give any notice of exten-
sion of time granted by or on behalf of the City shall be availed
of by the Sureties or any of them as a defense upon this bond ;
that the Sureties shall not set up or have any defense upon this
bond by reason of any alteration of the said contract unless such
alteration shall be represented by a formal written instrument
duly executed between the City and the Contractor which shall
have been duly authorized by a vote of the Commission and en-
tered into without the consent of the Sureties ; and that in case
of such alteration, however made, the same shall be a defense to
the Sureties only to the extent of the actual injury or damage
caused to the Sureties by said alteration.
47
CONTRACTOR'S PROPOSAL
FOR MAKING LAND AND RIVER BORINGS ALONG THE ROUTES OF
PROPOSED RAPID TRANSIT RAILROADS
NOTICE. — There must remain annexed hereto:
Copy of Invitation to Contractors
Copy of Information for Contractors
Copy of Form of Contract
Copy of Form of Bond
To the
PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT:
(1) The undersigned*
do hereby, in pursuance of the Invitation to Contractors and
the Information for Contractors, copies of which are annexed
hereto and made a part hereof, propose according to the terms
thereof to enter into a contract in the form annexed hereto and
made a part hereof with The City of New York (hereinafter
called the "City"), acting by the Public Service Commission for
the First District (hereinafter called the "Commission"), for the
making of land and river borings as they may be needed and
ordered along the lines of proposed rapid transit railroads and
to furnish all necessary labor, materials, plant, power, tools,
supplies and other means of construction and perform all the
work mentioned in the said contract at the unit prices for the
several items as given in the Schedule of Unit Prices. It is
understood that the quantities of various items specified in the
following schedule are given only as a basis for the uniform
comparison of bids and are not in any way guaranteed or repre-
sented as correct or intended to be relied upon and they shall
not be taken as final and shall form no basis for any claim in
case they do not correspond with the final measurements or
quantities. It is further understood that the Commission reserves
the right to increase or to diminish or to omit entirely any of
the quantities of items.
* The bidder's name must be inserted here. If the bid is submitted by
a corporation, the full legal title must be given here and a certified copy
of the certificate of incorporation must be submitted, together with an
affidavit showing the amount of stock paid in in cash and the names and
addresses of the directors and principal officers. If the bidder be a foreign
corporation, proof must also be submitted of its authority to transact
business in the State of New York. If the bid is submitted by a firm, the
above blank must be filled up in the following form, "the firm of A. B.
& Co., composed of A. B., C. D., etc." (giving the names of all the
partners).
48
CONTRACTOR'S PROPOSAL
Schedule of Unit Prices
Item
Classification
Unit Price
LAND BORINGS
For sinking casing, being all such work
as is called for under this contract,
including the furnishing of all labor
materials and appliances required and
necessary to do the work, per linear
foot, as follows:
(a) For 2j^-inch casing, Borough of
Manhattan
(b) For 2*/2-inch casing, Boroughs of
Brooklyn, Queens and Bronx
(c) For 8-inch casing, Borough of
Manhattan
(d) For 8-inch casing, Boroughs of
Brooklyn, Queens and Bronx
For drilling for cores, being all such
work as is called for under this con-
tract, including the furnishing of all
labor, materials and appliances re-
quired and necessary to do the work
per linear foot, as follows:
(a) For 1-inch cores, with diamond
drills .
(b) For 1-inch cores with shot drills..
(c) For 6-inch cores with diamond
drills
(d) For 6-inch cores with shot drills..
RIVER BORINGS
For sinking casing for cores, being all
such work as is called for under this
contract, including the furnishing of
all labor, materials and appliances re-
quired and necessary to do the work,
per linear foot as follows:
(a) For 1^-inch cores
(b) For 6-inch cores
For drilling for cores, being all such
work as is called for under this con-
tract, including the furnishing of all
labor, materials and appliances re-
quired and necessary for doing the
work, per linear foot, as follows:
(a) For l^-inch cores, with diamond
drills
b) For 1^-inch cores, with shot drills
c) For 6-inch cores with diamond
drills
(d) For 6-inch cores with shot drills
Estimated
Approx-
imate
Quantities
1,000
1,000
1,000
1,000
100
100
100
100
300
300
This column
not to be
used by
Bidder
Amount
100
100
100
100
49
CONTRACTOR'S PROPOSAL
(2) If this Proposal is accepted, the undersigned will within
five (5) days after the delivery of notice attend at the office of
the Commission, in person or by duly authorized representative,
and will then and there deliver the contract with the City in the
form aforesaid duly executed and with its execution duly proved ;
and the undersigned will at the same time deliver to the Comp-
troller of the City pursuant to the terms of said contract a bond
in the sum of five thousand dollars ($5,000) in the form annexed
hereto and made a part hereof, with the following named sure-
ties or, in the event that the following named sureties or any of
them shall not be approved by the Commission, with such other
sureties as the Commission shall approve:*
It is understood that the acceptance of this Proposal by the
Commission shall not be construed as an approval of the sureties
named in this Proposal, and in case the sureties named in this
Proposal are not approved by the Commission, the undersigned,
within five (5) days after notice of disapproval or within such
further period, if any, as may be prescribed by the Commission,
shall substitute the names of other sureties approved by the
Commission.
(3) If the Commission shall notify the undersigned that this
Proposal is accepted, then if the undersigned shall fail within
five (5) days thereafter or within such further period, if any,
as may be prescribed by the Commission to execute and deliver
the contract or execute and deliver the said bond or make the said
deposit in cash, the undersigned may, at the option of the Com-
mission, be deemed either to have made the contract or to have
abandoned the contract. And in the latter case the Commission
may give notice thereof to the undersigned and may thereupon
proceed to make another contract with such, if any, of the orig-
inal bidders as, in the opinion of the Commission, it will be to
the best interests of the City to contract with or may, with or
without public advertisement, invite further proposals, and the
undersigned shall thereupon be liable to the City for all loss and
* The bidder may deposit cash in the sum of five thousand dollars
($5,000) in lieu of a bond; and the bidder, if desirous of so doing, shall
so state here and shall strike out the words in italics.
50
CONTRACTOR S PROPOSAL
damage sustained by the City by reason of such failure of the
undersigned. Inasmuch as the amount of such loss and damage
will be extremely difficult to ascertain, especially in view of the
fact that the borings are a preliminary part of the construction
of portions of a rapid transit railroad system and that any delay
in the making of said borings may delay the construction and
completion of said system, it is expressly understood and agreed
that such loss and damage shall be liquidated and paid as follows :
The undersigned shall pay to the City the expense of such
new advertisement, if any, and in addition thereto the sum
of twenty dollars ($20) for each and every day, except Sun-
days and legal holidays, that the City shall be delayed in en-
tering into a contract for the making of such borings by reason
of such failure of the undersigned and in addition thereto the
excess, if any, of the amount of the bid, calculated from the
quantities and prices contained in the Proposal, which the City
shall accept and upon which it shall enter into a contract for the
making of such borings over the amount of the bid, calculated
from the quantities and prices contained in this Proposal, of the
undersigned ; which sums are hereby agreed upon not as a penalty
but as liquidated damages which the City will suffer by reason
of such failure of the undersigned. And the Invitation to Con-
tractors, Information for Contractors and this Proposal shall
constitute a contract binding the undersigned to pay to the City
the loss and damage sustained by the City by reason of such
failure of the undersigned, as aforesaid.
(4) At the time of delivering this Proposal to the Com-
mission the undersigned will separately deliver a certified check
payable to the order of the Comptroller of the City for the sum
of one thousand dollars ($1,000). And the undersigned hereby
assigns to the City the said sum so specially deposited by the
delivery of such certified check as security for the performance
of the obligations of the undersigned under this Proposal. It is
understood that such check is to be returned to the undersigned
when the contract for the making of such borings is executed
and its provisions in respect of the bond or deposit are complied
with, unless all the proposals submitted in response to said Invita-
tion to Contractors shall be rejected by the Commission, and in
that case when such proposals are rejected, as provided in the
Invitation to Contractors. In case the undersigned shall default
51
CONTRACTOR S PROPOSAL
in the performance of any of the obligations of the undersigned
under this Proposal, the City shall have the right to apply the
amount so specially deposited or so much thereof as may be
necessary as a payment on account of the damages sustained by
the City by reason of such default as aforesaid and shall return
the balance, if any, to the undersigned. If the amount of such
damages shall exceed the amount of said sum so specially de-
posited, the undersigned shall promptly upon demand from the
Commission pay the amount of such excess to the City.
(5) A notice that this Proposal has been accepted addressed
to the undersigned by the Commission as aforesaid shall forth-
with, at the option of the Commission, operate as against the
undersigned as a complete making of a contract according to
the form thereof as aforesaid, with the blanks therein contained
filled in according to this Proposal.
(6) The Commission may cause any notice intended for the
undersigned to be delivered at Room No. on the
floor of the building No.
in the Borough of in the City of New York.
Such delivery shall be sufficient notice to the undersigned.
(7) There are no persons interested with the undersigned
in this Proposal, except*
(8) This Proposal is made without any connection with
any other person making a proposal or bid for the same pur-
pose and is in all respects fair and without collusion or fraud.
No member of the Board pf Aldermen, head of department,
chief of bureau, deputy thereof or clerk therein or other officer
of the City or any member or employee of the Commission is
interested directly or indirectly, as contracting party, partner,
stockholder or otherwise, in or in the performance of the con-
tract or in the supplies, work or business to which it relates or
in any portion of the profits thereof.
Dated f 1914.
*Here insert the names and addresses of all persons interested with
the bidder. If there are no such persons strike out the word "except."
f The bidder must sign his proposal on this page.
52
CONTRACTOR S PROPOSAL
AFFIDAVIT OF VERIFICATION
STATE OF NEW YORK )
eg •
City and County of New York^
being duly
sworn, says: I am*
the proposing Contractor above named. I have read the fore-
going proposal. The same is in all respects true.
Sworn to before me this |
day of , 1914}
*If the bidder is an individual, do not fill this blank; if the bidder is
a firm, here say, "a member of the firm of ;"
if a corporation, say "the (President or other officer duly authorized) of
the Corporation."
53
YC 6^524
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