of the American Society of Mechanical Engineers, and one of the founders of the Union League Club of New York.

ALFRED WINGATE CRAVEN, the second son of Mr. Tunis Craven and the grandson of Commodore Tingey, U. S. Navy, was born on October 20, 1810, in Washington, D. C. When thirteen years of age he entered Yale College, but stayed there only a year. He continued his studies at Columbia College, in New York, and graduated from that institution in 1829. After leaving college Mr. Craven studied law and was admitted to the bar, but did not find the profession he had chosen congenial to his tastes. Being a man of fine physique and practised in all manly exercises, the outdoor life of a civil engineer had attractions for him, and induced him to change his profession.

Mr. Craven commenced his career as civil engineer on the surveys and construction of the Mad River Railroad, in Ohio, advancing to the position of Assistant Engineer.

From this work he went to South Carolina, where he was engaged for three years on the construction of the Louisville, Cincinnati and Charleston Railroad.

He was employed next in succession on the Boston and Albany Railroad, the Erie Railroad, the Mohawk and Hudson Railroad, and the Reading Railroad.

Mr. Craven was appointed Chief Engineer of the Schuylkill Valley Railroad and, at the same time, of the Mine Hill Navigation Railroad. He had charge of constructing the Camden Branch Railroad in South Carolina.

In July 1849 Mr. Craven was appointed Commissioner and Chief Engineer of the Croton Aqueduct Department, a position he held for nineteen years, performing his duties with marked ability and with uncompromising honesty. The work of which he had charge in connection with the water-supply of New York has been described in Chapter IV. In addition to this he projected the present sewerage system and had charge of the paving of

the streets, etc.

While Chief Engineer of the Croton Aqueduct Department Mr. Craven was consulted about plans for water-works for Brooklyn, N. Y., Syracuse, N. Y., Newark, N. J., Savannah, Ga., Augusta, Ga., and for many other places.

Mr. Craven resigned from the above position on May 12, 1868, and made an extensive tour in Europe. On returning to New York he opened an office as Consulting Engineer. His failing health induced him to make a second trip to Europe in 1878, but his disease He died at Chiswick, near London, on March 27, 1879. His remains were conveyed to New York and interred with honors.

could not be cured.

Mr. Craven became a member of the American Society of Civil Engineers on December 1, 1852, and was elected President for 1870-1871. He was made a member of the British Institution of Civil Engineers on February 1, 1870.

EDWARD H. TRACY was born at Whitesboro, Oneida County, N. Y. in 1817. His early education was acquired at the Academy of the City of Utica, N. Y. At the age of seventeen he obtained the position of rodman on the construction of the Chenango Canal under

John B. Jervis as Chief Engineer. He remained three years on this work, until it was completed, and then renewed his studies at the Academy of Albany, N. Y. In the spring of 1838 Mr. Tracy was appointed Assistant Engineer on the Croton Aqueduct, and given charge of the important section from Fordham to Manhattanville, which included the High Bridge across the Harlem River.

After the Croton Aqueduct Department was formed in 1849, Mr. Tracy remained in charge of the maintenance of the works, under Mr. Alfred W. Craven as Chief Engineer, until 1852, when he resigned and entered into partnership with Mr. Quintard in the Morgan Iron Works.

Two years later he returned again to civil engineering and made the surveys and plans for a ship canal to connect the St. Lawrence River and Lake Champlain. His next work was the improvement of the Des Moines River by slack-water navigation. He made also surveys of the rapids of the Mississippi and gauged this river.

Mr. Tracy became connected with the Cumberland Coal and Iron Co. in succession as engineer, superintendent, and president. His services contributed largely to make this property very valuable.

In 1870, when the Department of Public Works of New York was formed, Mr. Tracy was appointed Chief Engineer of the Croton Aqueduct, a position he held until he died on August 28, 1875. Mr. Tracy became a member of the American Society of Civil Engineers in 1868.

APPENDIX II.

FORM OF CONTRACT* FOR WORK LET BY THE AQUEDUCT

COMMISSION.

day of

in the

This Agreement, made and entered into this year one thousand eight hundred and eighty-six, by and between the MAYOR, ALDERMEN, AND COMMONALTY OF THE CITY OF NEW YORK, acting by and through the Aqueduct Commissioners, by virtue of the power vested in them by Chapter 490 of the Laws of 1883, of the State of New York, parties of the first part, and part of the second part:

Witnesseth, That the parties to these presents, each in consideration of the undertakings, promises, and agreements on the part of the other herein contained, have undertaken, promised, and agreed, and do hereby undertake, promise, and agree, the parties of the first part for themselves, their successors and assigns, and the party of the second part for heirs, executors, and dministrators, as follows:

and

Whenever and wherever in this agreement the phrase party of the second part," or the word Contractor," or a pronoun in place of either of them is used, the same shall be taken and deemed to mean and intend the part of the second part to this agreement.

Whenever the word "Engineer" is used in these specifications, or in this contract, it refers to and designates the Chief Engineer of the Aqueduct Commissioners, acting either directly or through any Assistant having general charge of the work, or through any Assistant or any Inspector having immediate charge of a portion thereof, limited by the particular duties entrusted to him.

Whenever the word "City" is used in these specifications, or in this contract, it refers to and designates the parties of the first part to this agreement.

A. The party of the second part will, at own cost and expense, and in strict conformity to the hereinafter contained specifications, furnish all the materials (not herein agreed to be furnished by the parties of the first part), and labor necessary or proper for the purpose; and in a good substantial and workmanlike

manner, excavate, etc., etc.

B. To prevent all disputes and litigation, it is further agreed by and between the parties to this contract, that the Engineer shall in all cases determine the amount or the quantity of the several kinds of work which are to be paid for under this contract, and he shall determine all questions in relation to said work and the construction thereof, and he shall in all cases decide every question which may arise relative to the execu tion of this contract on the part of the said Contractor, and his estimate and decision shall be final and conclusive upon said Contractor; and such estimate and decision, in case any question shall arise, shall be a condition precedent to the right of the party of the second part to receive any money under this agreement.

C. And it is further agreed by the parties to this agreement, that whenever the Chief Engineer aforesaid shall be unable to act in consequence of absence or other cause, then such Engineer, or Assistant, as the Aqueduct Commissioners shall designate, shall perform all the duties, and be vested with all the power herein given to said Chief Engineer.

D. The work to be done under this contract being almost wholly underground, it is impossible now to estimate with accuracy the quantities of the various classes of work to be done, and materials to be furnished. It is therefore expressly understood and mutually agreed, that the estimated quantities stated in the advertisement attached hereto, are only for the purpose of comparing, on an uniform basis, the bids offered for the work under this contract; and the Contractor further agrees, that neither the parties of the first part, nor the Aqueduct Commissioners, or any of them, are to be held responsible that any of the said estimated quantities

shall be found even

approximately correct in the construction of the work; that he is satisfied with, and will

a no time dispute, the said estimated quantities as a means of comparing the bids aforesaid, and that he will make no claim for anticipated profits, or for loss of profit, because of a difference between the quantities of the various classes of work actually done, or of materials actually delivered, and the said estimated quantities; and the Contractor hereby undertakes and agrees that he will complete the entire work to the satisfac

what antiquated, it was not deemed ad visable to change it, as most of the clauses have been tested in the courts, in the language given. antis form was based upon those used by the Department of Public Works of the City of New York. Although the language is some

tion of the Aqueduct Commissioners, and in accordance with the specifications and the plans herein mentioned, at the prices herein agreed upon and fixed therefor; except for such extra work, for the performance of which written orders may be received as hereinafter specified.

E. And it is further expressly agreed, that all the work, labor and materials to be done and furnished under this contract, shall be done and furnished strictly pursuant and in conformity with the following specifications, and the direction of the Engineer under them; which specifications form part of this agreement. F. Specifications.

G. Condemned Materials. And it is further agreed that if the work, or any part thereof, or any material brought on the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable, or not in conformity with the specifications, the Contractor shall forthwith remove such materials from the work, and rebuild or otherwise remedy such work, as may be directed by the Engineer.

H. Extra Work.-No claim for extra work shall be made unless before the performance of such extra work the said Commissioners shall have first authorized, in writing, such extra work; and shall also have first certified in writing, for each and every order, that it is in their opinion for the public interest that such extra work be done; stating in such certificate their reasons therefor; nor unless before the performance of such extra work the price or prices to be paid therefor shall likewise first have been agreed upon, in writing, between the said Commissioners and the Contractor, and done in obedience to a written order from the Engineer, or his authorized agent, given before the performance of such extra work.

The aggregate price to be paid for extra work authorized or ordered under and by virtue of the aforegoing provision of this contract, shall not exceed the sum of five thousand dollars on any one order.

All claim for extra work done in any month shall be made to the Engineer, in writing, before the 15th day of the following month; and failing to make such claim within the time required, all rights of the Contractor to extra pay for such work shall be forfeited.

And the said party of the second part further agrees that if he, the party of the second part, and the said Commissioners are or may be unable to agree, as aforesaid, upon the price or prices to be paid for any extra work which may be authorized as aforesaid, he, the said party of the second part, will not in any way interfere with or molest such other person or persons as the said Commissioners may employ to do such extra work; and that he, the said party of the second part, will suspend such part of the work herein specified, or will carry on the same in such manner as may be ordered by the said Engineer, to afford all reasonable facilities for doing such extra work; and no other damage or claim by the said party of the second part shall be allowed therefor, other than an extension of the time specified in this contract for the performance of said suspended work as much as the same may have been, in the opinion of the Engineer, delayed by reason of the performance of such extra work.

I. Not to Assign.—And the said party of the second part hereby further agrees to give his personal attention constantly to the faithful prosecution of the work, and not to assign or sublet the work, or any part thereof, without the previous written consent of the Aqueduct Commissioners indorsed on this agreement; but will keep the same under his personal control, and will not assign, by power of attorney or otherwise, any of the moneys payable under this agreement, unless by and with the like consent of said Commissioners, to be signified in like manner; that no right under this contract, nor to any moneys due or to become due hereunder, shall be asserted against the Aqueduct Commissioners, or any person acting under them, or the Mayor, Aldermen or Commonalty of the City of New York, or any department, officer or officers thereof; by reason of any so-called assignment, in law or equity, of this contract, or any part thereof, unless such assignment shall have been authorized by the written consent of said Aqueduct Commissioners indorsed on this agreement; that no person other than the party signing this agreement, as the party of the second part hereto, now has any claim hereunder; that no claim shall be made excepting under this specific clause of this agreement, or under paragraph S of this agreement, by any person whomsoever; and that the said party of the second part will punctually pay the workmen who shall be employed on the aforesaid work in cash.current, and not in what is denominated as store pay.

J. Suspension of Work.—The Aqueduct Commissioners reserve the right of suspending the whole or any part of the work herein contracted to be done, if they shall deem it for the interest of the City of New York so to do, without compensation to the Contractor for such suspension, other than extending the time for completing the work as much as it may have been delayed by such suspension.

And if the said work shall be delayed for the reason that the parties of the first part do not own, or have not obtained possession of, the land on which the same is to be performed, then and in that case, and in every such case, the party of the second part shall be entitled to so much additional time wherein to perform and complete this contract on his part, as the said Engineer shall certify in writing to be just. But no allowance, by way of damages, shall be made for such delay.

K. Competent Men to be Employed.-And the said party of the second part further agrees to employ only competent, skillful men to do the work; and then whenever the Engineer shall inform said party

of the second part, in writing, that any man on the work is in his opinion incompetent, or unfaithful, or disorderly, such man shall be discharged from the work, and shall not again be employed on it.

L. Time of Performance.-And the said party of the second part further agrees to commence the work herein required to be done, within twenty days after the signing of this contract, and that the rate of progress shall be such that the whole work shall be completed in accordance with this agreement on or before

M. In case the said party of the second part shall fail to fully and entirely, and in conformity with the provisions and conditions of this agreement, perform and complete the said work, and each and every part and appurtenance thereof, within the time herein before limited for such performance and completion, or within such further time as may be allowed by the Aqueduct Commissioners for such performance and completion, the said party of the second part shall and will pay to the said parties of the first part the sum of dollars for each and every day that the said party of the second part shall be in default; which said sum of dollars per day is hereby agreed upon, fixed, and determined by the parties hereto, as the damages which the parties of the first part will suffer by reason of such default, and not by way of penalty. And the said parties of the first part may deduct and retain said sum of dollars per day out of any

moneys that may be due or become due under this agreement.

N. But neither an extension of time for any reason beyond that fixed herein for the completion of the work, nor the doing and acceptance of any part of the work called for by this contract, shall be deemed to be a waiver by the said Commissioners of the right to abrogate this contract for abandonment or delay, in the manner provided for in the paragraph marked P in this agreement.

O. Prices for Work.-And the party of the second part hereby agree to receive the following prices in full compensation for furnishing all the materials (except the materials herein specified to be furnished by the City) and labor, and for performing and completing all the work which is necessary or proper to be furnished or performed, in order to complete the entire work in this contract described and specified, and in said specifications and plans described and shown, to wit:

(a.) For excavation of rock in open trench for drains, etc., including all the work incidental thereto, per cubic yard, the sum of

(b.) For excavation of earth in open trench for drains, etc., including all the work incidental thereto, per cubic yard, the sum of , etc., etc.

P. If Work be Abandoned or Delayed.-The said party of the second part further agrees that if the work to be done under this agreement shall be abandoned, or if the conditions as to the rate of progress hereinbefore specfied are not fulfilled, or if this contract shall be assigned by the party of the second part otherwise than as is herein before specified, or if at any time the Engineer shall be of opinion, and shall so certify in writing to the said Commissioners, that the said work or any part thereof is unnecessarily or unreasonably delayed, or that the said Contractor is violating any of the conditions or covenants of this contract, or executing said contract in bad faith, or if the work to be done under this contract be not fully and entirely completed within the time herein stipulated for its completion, the said Commissioners shall have the power to notify the aforesaid Contractor to discontinue all work, or any part thereof, under this contract; and thereupon the said Contractor shall discontinue said work, or such part thereof as said Commissioners may designate, and the said Commissioners shall thereupon have the power to place such and so many persons, and obtain by purchase or hire such materials, animals, carts, wagons, implements and tools by contract or otherwise, as said Commissioners deem necessary to complete the work herein described, or such part thereof, and to procure materials for the completion of the same, and to charge the expense of said labor and materials, animals, carts, wagons, implements and tools to the aforesaid Contractor; and the expense so charged shall be deducted and paid by the parties of the first part out of such moneys as either may be due, or may at any time thereafter become due to the said Contractor under and by virtue of this agreement, or any part thereof: and in case such expense is less than the sum which would have been payable under this contract if the same had been completed by said Contractor, then the said party of the second part shall be entitled to receive the difference; and in case such expense shall exceed the last said sum, then the said party of the second part will pay the amount of such excess to the parties of the first part, on notice from the said Commissioners of the excess so due.

Q. Prevention of, and Indemnification for, Accidents.-And the said party of the second part further agrees, during the performance of the work, to take all necessary precautions and to place proper guards for the prevention of accidents; and to put up and keep at night suitable and sufficient lights; and to indemnify and save harmless the said parties of the first part from all damages and costs to which they may be put by reason of injury to the person or property of another resulting from negligence or carelessness in the performance of the work, or in guarding the same; or from any improper materials used in its construction, or by or on account of any act or omission of the said party of the second part, or the agents thereof. And the said party of the second part hereby further agrees that the whole, or so much of the moneys due under and by virtue of this agreement as shall or may be considered necessary by the Aqueduct Commissioners, shall or may be retained by the parties of the first part until all suits or claims for damage as aforesaid have been settled, and evidence to that effect furnished to the satisfaction of the said Commissioners.