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3. Wherever the word dump" or "dumps" is used in this contract it shall be taken to mean the place or places and all buildings, structures, parts, and appurtenances thereof which have been or will be designated for delivery by the city of the garbage to be disposed of under this contract.

4. At each water-front dump, excepting the dump furnished by the contractor, the city will provide one or more dumping boards. The contractor shall, at his own cost and expense, keep the slip under each board furnished by the city, as well as under the board furnished by himself, dredged to a proper depth to permit of the loading and removal of scows at all times. He shall also maintain a depth of water sufficient for said purpose at the unloading points or at moorings or shelter points, at any and every tide, and shall at all times keep the approaches to the water-front dumps and unloading points provided by the city and himself free and clear for the passage of scows. Should it become necessary at any time to raise or remove the dumping boards for the purpose of dredging the adjacent slips, the contractor shall remove and replace the same at his own cost and expense and under the supervision and direction of the commissioner and to his satisfaction.

Should the contractor fail to do the necessary dredging or the work of raising, removing, and replacing the dumping boards when required to do so, the commissioner may do such work and charge the cost and expense thereof to the contractor and deduct the amount thereof from any moneys or securities deposited under this contract, if available. If not available, the contractor shall pay the amount thereof to the city.

5. The contractor shall furnish all the necessary scows and transporting conveyances, including towboats, rowboats for picking up floating materials, stake boats and docking facilities: also all the necessary plant, equipment, and appliances, together with supervision, labor, supplies, and materials required to do the work of receiving, trimming, loading, towing, unloading, and disposing of the garbage delivered at the dumps.

6. The contractor shall, at his own cost and expense, furnish disinfectants or deodorants of a kind satisfactory to the commissioner wherever and whenever and in such quantities as in the judgment of the commissioner may be necessary. 7. As the supervisor of the harbor, under the laws of the United States, has control over all boats and vessels in and about the harbor of New York engaged in the removal and disposition of city refuse about the said harbor, all the requirements of these specifications are made subject to such jurisdiction and control of the supervisor of the harbor; and the contractor is at all times to obtain the necessary permit before any boat or vessel is removed from any dump, and he must fully comply with all other rules and regulations of said officer made in compliance with the law.

8. Instead of depositing garbage directly upon the vessels or transporting conveyances furnished by the contractor, the city may deliver the garbage in covered steel containers, to be furnished at the city's cost and expense; and the contractor shall accept on the scows and vessels and remove said containers to his plant and shall return them on the scows and vessels in good order and condition-reasonable wear and tear excepted-to the dump from which they were originally delivered to him, or to such other dump as the commissioner may direct. The city will furnish all the necessary labor, machinery, and appliances to load the containers on the vessels, but the contractor shall furnish the necessary labor, machinery, and appliances for this purpose at the disposal works.

9. As the department of docks and ferries has exclusive control over all docks, slips, piers, and structures erected thereon, except as otherwise provided by law, the contractor shall not use any portion of the docks or of the slips adjacent to any dump for the purpose of conducting any business or removing any garbage or material other than the garbage required to be removed by the terms of this contract, unless permission in writing therefor is first had and obtained from the said department of docks and ferries.

10. All garbage shall be handled and disposed of at the contractors' plant in such manner as to prevent the emission of offensive odors of any kind, while being handled, treated, or reduced; the process, machinery, and apparatus shall be thoroughly sanitary in effect and the plant shall be so conducted as not to cause conditions detrimental to the public health or constituting a public nuisance. All gases carrying odors which are produced or result from the operation of the process machinery or equipment used, shall be confined; and, before being liberated to the atmosphere, they shall be thoroughly deodorized. All

water flowing from the plant shall be inoffensive, free from nuisance or any matter dangerous to the public health.

11. The entire work of final disposition shall be at all times accessible to the commissioner and his authorized representatives, and under his inspection, and subject to his approval. The design, construction, and operation of all apparatus and machinery for the control of odors or possible nuisances shall at all times be subject to the approval, inspection, and supervision of the commissioner or his authorized representative. The commissioner may have representatives at the contractor's plant for any purpose at all times.

12. The contractor at all times during the day and night shall have at all the dumps such a number of transporting conveyances as may be necessary for the proper reception and transportation of all garbage delivered at said dumps. Garbage will be collected and delivered at the dumps either during the day or night, or both, as the commissioner may direct, and any change in the method of delivery, from daytime to nighttime or from nighttime to daytime, shall not give the contractor any claim for damages against the city.

13. The commissioner shall have the right at any time to change the location of any of the dumps provided by the city, if in his judgment the interests of the city so require, and without previous notice to the contractor; as soon as possible after such change has been decided upon, the commissioner shall notify the contractor thereof. The commissioner may also cause any dump to be temporarily closed for the purpose of dredging the slip adjacent to the dumping board or for the purpose of repairing the dumping-board structure or the dock upon which it is erected, or because of its destruction or damage by fire or the action of the elements or otherwise, or because of accumulations of ice in the slip adjacent to the dumping board; and he may cause the diversion of the garbage usually carried to said dump to any other dump, for any reason whatever; and the said change of location of the said dump, or the said temporary closing of the said dump or the diversion of garbage therefrom to other dumps or the addition or reduction of the number of dumps shall not be made the basis of a claim by the contractor for damages, or for the loss of any prospective profits.

14. No place other than the dumps provided for in this contract shall be used by the contractor for the reception, handling, or removal of garbage except by special written permission of the commissioner previously obtained.

15. The city reserves the right to charge and collect compensation from the holders of permits using the dumps provided for herein, for the privilege of depositing garbage upon the contractor's scows; also to charge and collect from the owners of any business, trade, or manufacturing establishment, or building desiring service compensation for the removal and disposal of garbage from said premises. All money so collected shall remain the property of the city. The contractor shall receive and finally dispose of all such garbage without any compensation from the city.

16. The contractor shall accept and receive garbage which is delivered at any of the dumps provided for herein by the owners of private carts or vehicles of any description who have previously obtained permission from the department of street cleaning to use said dumps. The city does not agree or assume to control or regulate the owners of said carts or vehicles. It does not undertake to compel private cartmen to deliver garbage collected by them, from any source, at the dumps provided for herein; nor does it undertake or agree to compel the owner of any business, trade, or manufacturing establishment, or building, to deliver garbage to the department of street cleaning for removal to the dumps provided for herein. The use of said dumps by private carts or vehicles shall be optional with the owners thereof.

17. All receptacles, scows, or conveyances of whatsoever kind used by the contractor shall be constructed and loaded so as to prevent the garbage or any part thereof from falling into or defiling the waters of New York Harbor or the waters adjacent thereto, or the waters of the rivers adjacent to the dumps; and the said receptacles, scows, or conveyances, and each of them, shall be kept and maintained in a clean and sanitary condition to the satisfaction of the commissioner. The contractor shall furnish all the labor necessary to properly load and trim all scows, vessels, and transporting conveyances used for the removal of garbage and shall be responsible for such loading and trimming. In the event that any scow, or other vessel used by the contractor in the performance of this contract, should capsize or sink at any loading or

unloading point, it shall be the duty of the contractor to raise and remove the same and its cargo.

18. The garbage received at the several dumps shall be removed therefrom at such intervals as will prevent decomposition proceeding to a condition where odors from the garbage constitute a nuisance.

19. The contractor shall not permit garbage or by-products which may result in a nuisance to be stored or deposited outside of buildings at his plant; but after being unloaded from the scows, the garbage shall be immediately placed inside the buildings or apparatus provided for the purpose of treating the material.

20. The contractor or his employees shall not assort or pick over any garbage delivered at the dumps before it is deposited upon the vessels, nor shall he permit his employees to remove any materials from the scows or vessels or to store the same either upon or beneath the dumping board or upon any part of the dock. The contractor shall not have any claim against the city for, nor shall he ask, demand, or receive from the city, any materials delivered by carts of the department of street cleaning or by private vehicles at dumps maintained by the city for the disposal of ashes, street sweepings, and rubbish. 21. The contractor shall furnish all the labor necessary to wind, handle, and shift all scows and other vessels used in the performance of this contract whenever necessary and as often as directed to do so by the commissioner or his duly authorized representative in charge of the work. The contractor shall also furnish all towboats whenever necessary for said purpose. In the event that the commissioner or his duly authorized representative should decide that a partially loaded scow should be transferred to another dump, or dumps, to complete the load, the contractor shall furnish a towboat for that purpose. Should the contractor fail to do so, the commissioner may hire as many towboats as may be necessary for this purpose and charge the cost and expense thereof to the contractor, and the city may deduct the amount of this expense from any moneys or securities which have been deposited under this contract. If said moneys or securities are insufficient the contractor shall pay the amount thereof to the city. The contractor shall also furnish all the labor necessary to trim and reload any scow which has been loaded and has taken a list for any reason while awaiting removal to the disposal plant.

22. All damage done to the docks, piers, wharves, or dumping structures furnished by the city under this contract by the contractor or his employees shall be repaired by the contractor at his own cost and expense. Upon his failure to do so the damage may be repaired by the city, and the cost and expense thereof shall be deducted and retained by the city from the special deposit provided for in clause E, if available; if not, the contractor shall pay the amount thereof to the city.

23. The contractor shall provide and maintain, at his own cost and expense, an office conveniently located, with telephone service at all hours of the day and night.

24. Any person in the employ of the contractor who, in the opinion of the commissioner, may be untrustworthy, incompetent, or otherwise unfitted to perform his duties, or who shall refuse to obey the orders of the commissioner or his duly authorized representative, shall be dismissed on the request of the commissioner, and any person so dismissed shall not again be employed by the contractor without the commissioner's written consent.

25. The contractor shall provide and keep in working order a plant and equipment of sufficient capacity to dispose of the maximum daily quantity of garbage delivered at the dumps provided for herein, but in no case shall the capacity of the plant be less than 2,000 tons per day, and have the same complete and ready for operation at the time specified for this contract to begin, except that he may, with the approval of the commissioner, provide means to temporarily dispose of the garbage for an initial period of not to exceed three months, at the expiration of which time the plant and equipment shall be capable of disposing of all garbage which at that time may be delivered to the contractor under the terms of this contract. The capacity of the plant and equipment shall be sufficient to enable all necessary repairs to be made without interference with the work of disposal and to permit of continuous and uninterrupted operation at all times.

26. In emergencies garbage may be disposed of by dumping at sea, provided the consent of the commissioner, in writing, is first obtained.

27. The contractor shall, as far as possible, prevent any materials from fall ing into the water of the harbor or rivers; and in the event that any materia

shall fall into the water, he shall cause the same to be removed therefrom and replaced upon the vessels. He shall provide all the labor, rowboats, and appliances necessary to pick up such material from the water at his own cost and expense.

28. The contractor at the end of each working day or night shall clean and sweep, or cause to be cleaned and swept, the platforms and the dumping-board structures. In the winter season the contractor shall keep the garbage platforms and dumping-board structures free from accumulations of snow and ice. Whenever required the contractor shall have the under portions of the garbage dumping boards and the supports whitewashed in a thorough and workmanlike manner, to the satisfaction of the commissioner.

29. If, in any emergency, the garbage collected throughout the city is not delivered regularly, or with the usual regularity, the contractor shall make no claim against the city for damages for delay or the loss of any prospective profits.

30. Employees of the contractor shall not be permitted to occupy any portion of the dumping-board structures or of the docks or piers upon which they are located for any purpose, except that at each dump the contractor will be permitted to erect and maintain at his own cost and expense a fireproof shanty, to be occupied by a watchman, and a stove for heating purposes may be used therein. The size of the shanty, the materials used in its construction, and its location shall first be approved by the commissioner, and a plan shall be led with him for that purpose. At the termination of the contract the contractor shall remove all such buildings at his own cost and expense.

31. All the necessary artificial lighting at the city dumps will be furnished by the city. At the dumps provided by the contractor he shall furnish artificial lighting at his own cost and expense. The use of torches or of unprotected flame lamps will in no case be permitted.

32. No stoves or utensils used for like purposes shall be used at any dump for any purpose, except heating in the watchman's fireproof shanty and in the inspector's office. No fire shall be made in any receptacle, or otherwise, at any dump, excepting for the purposes above stated.

33. Smoking shall not be permitted at the dumps.

(c) The contractor shall deposit with the comptroller of the city of New York, on or before the signing, sealing, and delivery of this contract, the sum of $50,000 lawful money of the United States of America, as additional security for the faithful performance of the terms and conditions of this contract, and as a fund to be drawn upon by the commissioner of street cleaning, to pay for any expense which may be incurred hereunder by said commissioner or by the city of New York, due to the failure of the contractor to comply with the said terms and conditions of this contract; and it is mutually agreed that the said sum of $50,000 shall remain on deposit with said comptroller, without interest, and if not wholly used for the purpose for which the same was deposited, this amount, or the unincumbered portion thereof, shall be returned to the contractor, his assigns or personal representatives, in the following manner: The sum of $10,000 on the 24 day of January, 1918; the sum of $10,000 on 2d day of January, 1919; the sum of $10,000 on 2d day of January, 1920; the sum of $10,000 on the 2d day of January, 1921; and the balance, if any, on the 2d day of January, 1922. The contractor shall have the option of depositing in lieu of the $50,000 in cash, corporate stock or certificates of indebtedness of any nature issued by the city of New York, which the comptroller shall approve as of equal value. If securities are deposited instend of cash, the same shall be subject to all the conditions applying to the cash deposit herein set forth. The city shall, from time to time, collect all interest, dividends, or other profits or revenue on any securities deposited by the contractor, and shall, when collected, pay the same to the contractor; if the securities are in the form of coupon bonds, the coupons as they respectively become due, shall be delivered to the contractor.

If at any time it becomes necessary for the commissioner to make use of any of the moneys or securities so deposited, the contractor shall, upon notice from the commissioner, immediately restore the amount which has been withdrawn or expended by the commissioner.

(f) If the contractor shall delay or neglect to begin the work under this contract on or after the 2d day of January, 1917, the city may dispose of the garbage, or any part thereof, for such period that the contractor shall neglect or delay to begin the said work, and shall charge the entire expense thereof

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against the contractor. The special deposit provided for in clause (e) may be used by the city for the above purpose so far as the same is available, and if not available, the contractor shall pay the amount thereof to the city.

(g) 1. The city will deliver to the contractr, at the dumps herein provided or hereafter to be furnished, all the garbage collected by the carts and vehicles of the department of street cleaning, from any source in the Boroughs of Manhattan, Bronx, and Brooklyn.

2. The city will furnish not more than 12 water-front dumps in the Borough of Manhattan, not more than 4 water-front dumps in the Borough of The Bronx, and not more than 6 water-front dumps in the Borough of Brooklyn, at points to be selected by the commissioner, during the period of this contract. 3. The city will, at its own cost and expense, keep the dumping board structures in proper condition and repair, except as provided in clause 22 of the specifications.

(h) 1. The contractor shall receive, transport, and dispose of all the garbage collected by the carts and vehicles of the department of street cleaning, from any source, in the Boroughs of Manhattan, The Bronx, and Brooklyn, during the period of this contract, which the city may deliver at the dumps herein described or hereafter to be provided, and shall also receive, transport, and dispose of all garbage delivered at the dumps by private carts and vehicles which have been authorized by the department of street cleaning to use the said dumps.

2. The contractor shall, at his own cost and expense, furnish, maintain, and operate a plant and equipment of a capacity of not less than 2,000 tons per day, upon a site the location of which shall be satisfactory to the commissioner and subject to the approval of the board of estimate and apportionment—but said plant or plants shall not be located within the boundaries of the Borough of Manhattan nor within the confines of Jamaica Bay-and he shall furnish all the work, labor, services, scows, tugs, vessels, vehicles, transporting conveyances, tools, tackle, appliances, apparatus, machinery, supplies, materials, and everything necessary to carry on and perform the work required to be done by him under this contract.

3. The contractor shall furnish, at his own cost and expense, one waterfront dump in the Borough of Brooklyn, the location of which shall be satisfactory to the commissioner. He shall also keep the dumping board structure in good condition and repair at all times, and shall perform all dredging at his own cost and expense.

4. The contractor shall pay to the city in equal monthly payments, during the term of this contract, the following sums of money:

(i) The contractor shall at all times use such plant, equipment, appliances, processes, devices, or methods, and employ such and so many men and vessels, scows, towboats, vehicles, and transporting conveyances for the performance of all operations connected with the work under this contract as will secure a satisfactory rate of progress and quality of work, and if at any time during the progress of the work such plant, equipment, vessels, scows, towboats, vehicles, transporting conveyances, appliances, processes, devices, or methods, or such force of persons employer by the contractor appear to the commissioner to be inefficient, insufficient, or inappropriate for securing the quality of work required or the necessary rate or progress, the commissioner shall have the power to direct the contractor to increase the efficiency or improve the character of the plant, equipment, appliances, processes, devices, or methods, or to increase the number of persons or vessels, scows, towboats, vehicles, or transporting conveyances employed by him and the contractor shall thereupon conform to such direction, but the failure of the commissioner to demand such increase, or efficiency, or improvement shall in no manner be deemed to relieve the contractor from his obligation to secure the quality of work and rate of progress established by any of the terms or conditions of this contract, and in case it shall at any time appear that the work or any part thereof shall in any manner be improperly, imperfectly, or unsatisfactorily done, or delayed, the same shall be immediately corrected on the demand of the commissioner, and failure on the part of any inspector or other officer or employee of the de