2. They shall state the quantity and quality of supplies, or the nature and extent, as near as possible, of the work required; 3. They shall state that the estimates received will be publicly opened by the head of the department issuing the proposals at his office, or at such place as may be designated in the advertisement, at a day and hour therein mentioned; 4. They shall state the amount in which security is required for the performance of the contract; 5. They shall state, briefly, the several matters required by the next section to be contained in, or to accompany the estimates. (C. O. § 511.) As to patented articles see Warren Bros. Co. v. City of N. Y., 190 N. Y. 297, 511. § 65. Contents of estimates; verification.-Each estimate shall contain 1. The name, residence and place of business of the person making the same; 2. The names of all persons interested with him therein, and if no other person be so interested, it shall distinctly state that fact; 3. That it is made without any connection with any other person making an estimate for the same purpose, and is in all respects fair, and without collusion or fraud; 4. That no member of the board of aldermen, head of a department, chief of a bureau, deputy thereof, or clerk therein, or other officer or employee of the city, is directly or indirectly interested therein, or in the supplies or the work to which it relates, or in any portion of the profits thereof. The estimate shall be verified by the oath, in writing, of the party making it, that the several matters stated therein are in all respects true. (C. O. §§ 512, 513 as amended.) $66. Opening estimates. The sealed envelope containing the estimate shall be endorsed with the name or names of the person or persons presenting the same, the date of its presentation, and a statement of the work to which it relates, and no estimate shall be taken from the "Estimate Box," nor shall the sealed envelope thereof be opened by anyone, except at the time and in the manner herein designated for deciding on such estimates. At the time and place appointed for that purpose in the proposals, as prescribed in this article, the head of the department, or the president of the board where the same are advertised by a board, or the secretary thereof, or other officer empowered to make the contract, in the presence of the comptroller or his representative, and such of the parties making them as may desire to be present, shall then and there open the estimate box, and the estimates to be examined at that time, as may appear from the endorsements thereon, shall be taken from the box. The head of department or other party hereinbefore authorized shall, then and there, publicly open and read all estimates which he may have received for the contract mentioned in such proposals, and shall reject all estimates not furnished in conformity with the law and the ordinance relating thereto. The award of the contract shall be made according to law. (C. O. § 516 as amended Sept. 23, 1913.) $67. Samples.-When proposals are issued for a contract to furnish any article of which a sample can conveniently be furnished, the head of the department issuing the same may require that such sample be delivered at his office, or at the office of the head of the appropriate bureau in his department, within such time before the opening of the estimates as he may prescribe; and, if it be not so furnished, or does not conform to the quality required by the proposals, the estimate delivered by the person furnishing or omitting to furnish the same, as the case may be, shall be rejected. (C. O. § 517.) § 68. Payment in installments; security required. In all contracts for work for the city where provision is made for the payment of the contract price by installments, a provision shall be inserted that the contractor shall allow 10 per cent. of the contract price of the work actually done to remain as security, until the whole work shall be completed according to the contract. (C. O. § 518.) $69. Payments on assessment work; security required.-Whenever any contract shall be made hereafter by any department or officer of the city, the amount of which is to be afterward collected by assessment from the property benefited by the work to be done under the contract, the head of the department or officer making such contract shall cause to be inserted therein a clause that, as the work progresses, payments will be made to the contractors by monthly installments of 85 per cent. on the estimated value of the work actually done under said contract, and the officer making any such contract shall forthwith file a copy thereof with the comptroller. (C. O. § 54 as amended in L. 1912, Chap. 527.) § 70. Protection against accidents.-In all contracts for the work for the city upon any public building or in any public street or place, in the performance of which accidents or injuries may happen to the person or property of another, provisions shall be inserted that the contractor shall place proper guards for the prevention of accidents; that he shall put up and keep at nights suitable and sufficient lights during the performance of the work, and that he will indemnify the city for damages or costs to which it may be put by reason of injury to person or property of another, resulting from negligence or carelessness in the performance of the work. (C. O. § 519; covering C. O. §§ 215-218.) § 71. Snow removal contracts; payments of laborers.—In all emergency work performed by laborers in the removal of snow where men are engaged by the hour or the day, either by a contractor employed for the purpose or by the street cleaning department itself, it shall be stipulated that such work shall be paid for daily, directly to those individually employed in it, in the currency of the United States, and not by check or ticket. Such payments, in each instance, shall be made at the substations of the street cleaning department. Every contractor engaged in the removal of snow shall be required to stipulate with the commissioner of street cleaning, or others empowered to enter into contracts for that purpose, as the case may be, to observe the provisions of this section, a violation of any of which shall be deemed to abrogate any such contract. (C. O. §§ 418a, 418b.) $72. Enforcement of contracts; bonds. Every contract for supplies or work by the city shall be executed by the contractor or contractors to whom the same may be awarded, and shall be accompanied by a bond in the penalties mentioned in the proposals therefor, executed by the persons or company consenting to become bound as sureties, or by such other persons or company as shall be substituted therefor with the consent of the head of the department making such contract, conditioned for the faithful performance of the contract and every provision therein contained. The bond shall be accompanied by the oath, in writing, of the person signing the same, that he is a householder or freeholder in the city, and by the oath of the person, or an officer of such company, that he or it is worth the amount of the security required for the completion of the contract and stated in the proposals, as hereinbefore prescribed. The comptroller shall require such sureties to be further examined before himself, or an officer authorized to administer oaths deputed by him, in respect of the items and details of their property, before approving the adequacy and sufficiency of such sureties. Each department of the city government and each officer, by whom any contract for work to be done for the city shall be made, shall require and enforce the faithful execution of each contract so made by them; and in case the contractor or contractors shall fail in any respect to perform the work which he or they have contracted to render or perform, within the time limited for the performance of the same, then the department or officer having charge of such work shall do and complete the same in the manner provided for in the contract for its performance and the cost thereof shall be a charge against such delinquent contractor or contractors; provided, however, that the head of any department or other officer by whom any such contract shall be made, may on good and sufficient cause, extend for a reasonable time the period fixed for the completion thereof. (C. O. § 520.) § 73. Payments on contracts.-No payment shall be made by the comptroller for work done or supplies furnished, except upon proper vouchers rendered by the head of the appropriate department, or the officer, board or commission for whom such work was done or supplies furnished; provided that, in the case of a pay-roll for labor performed under the supervision of the borough presidents, the comptroller may draw a warrant for the total amount of such pay-roll, in favor of the chamberlain, who shall make the payments therein specified. Such vouchers shall be made out in duplicate, and shall contain the certificate of such subordinate officers as the head of the department may require, in such form and purport as he shall prescribe, and also a certificate of the head of the department. One of the duplicate vouchers shall be retained in the department or office by which the vouchers are rendered, and the other shall be transmitted to the department of finance for payment. No payment shall be made upon any contract beyond the amount thereof. (C. O. § 39 and § 523.) 874. Certificate of amount due. Whenever any payment shall become due upon any contract, according to the provisions thereof or in accordance with any of the provisions of this ordinance, the head of department or officer having the work in charge shall furnish to the person or persons entitled to such payments a certificate, in writing, specifying the contract upon which the payment is due and the amount due thereon. The comptroller on the presentation to him of such certificate shall pay the amount thereof and endorse 1 such payment upon the contract upon which such payment was made, but final payment on any contract shall not be made until the head of department or officer having charge of the work under the contract shall furnish a certificate, signed by him and filed in the office of the comptroller, that the work mentioned in the contract has been completed according to the terms thereof and to the satisfaction of the head of department or officer giving the certificate. (C. O. §§ 522, 523.) 875. Inspection of contract work.-Each borough president shall appoint a competent inspector of contract work under the jurisdiction of his department, in all cases where he may deem the public service requires such inspector. Whenever an assessment shall be levied for any improvement, the amount paid for inspection of any contract work connected therewith shall be assessed and collected with the other expenses of the improvement, except where the inspector's wages are legally chargeable to the contractor. (C. O. 891 in part.) 876. Affidavit of surveyor and inspector.-Each and every contractor shall be required to obtain an affidavit from the surveyor, setting forth the amount of work done, of every description that may be charged in each bill or assessment list of said contract, and said affidavit shall be attached to the assessment list. The inspector shall also furnish an affidavit, to be attached to each contract, setting forth that the work has been done according to the plans and specifications; said affidavit to be attached to each assessment list before presented for confirmation. (C. O. § 525.) 877. Extra work.-Repealed by ordinance effective July 7, 1916. $78. Delayed payments of assessments.—In all cases of delinquency in the payment of any assessment for work done under a contract made by any contractor with the city, respecting any street or road or respecting the building of wharves, piers, slips and sewers, on the final settlement with every such contractor, there shall be allowed and paid to him all interest which shall have been collected on his account or contract, first deducting the collector's commission. (C. O. § 526.) $79. Report as to outstanding contracts.-The comptroller shall report to the board of aldermen, within 30 days after their organization in each year, a statement of all contracts made by the city, or directed or authorized by the board and not performed or completed or upon which any moneys remain unpaid; with the amount of money remaining unpaid on each such contract. (C. O. § 25.) ARTICLE 3 REAL ESTATE Sec. 100. City real estate to be supervised by the comptroller. § 101. Deeds, leases, etc., to the city; comptroller is custodian. $102. Leases or other conveyances by the city. 103. Assignment of leases and subletting by city. § 105. Quit-rents. Sec. 100. City real estate to be supervised by the comptroller.-The comptroller shall superintend all real estate of the city and report to the board of aldermen all encroachments thereon. He shall direct and superintend the collection of all rents or other moneys due the city. (C. O. §§ 21, 24.) § 101. Deeds, leases, etc., to the city; comptroller is custodian.-The comptroller shall keep on file in his office all title deeds, leases, bonds, mortgages or other assurances of title, except such as are directed by law or ordinance to be deposited elsewhere. He shall cause all grants, leases and counterparts of leases, and all deeds executed by the city, to be recorded in proper books to be kept in his office. (C. O. §§ 22, 23.) § 102. Leases or other conveyances by the city.—Whenever any real estate belonging to the city is unproductive, or the term for which it may have been leased or let shall have expired or be about expiring, the head of the department, bureau, board or office having jurisdiction over such real estate shall forthwith turn over the same to the board of sinking fund commissioners and advise the comptroller thereof. The comptroller shall report to the board whether or not, in his judgment, it will be to the public interest to lease or otherwise dispose of such property. The comptroller, under the sanction of the board, shall appoint appraisers upon behalf of the city to settle the rent on renewal of any lease, or the value of the building, to be paid for on the expiration of any lease in which the city is or shall be interested, whenever by the provision of such lease the appointment of appraisers is required. All leases authorized by the board shall be executed by the comptroller and the city clerk, under their hands and the seal of the city. (C. O. §§ 42, 46 as amend. June 20, 1916.) § 103. Assignment of leases and subletting by city. The comptroller -may consent, in the name and on behalf of the city, that the lessee or assignee of a lease made by the city shall assign the same or underlet the demised premises, whether or not provision is made by the lease that it shall not be assigned or the premises underlet without the consent of the city; but he shall not so consent unless all arrears of rents upon the premises be paid in full. (C. O. § 28 amend.) § 104. Execution of deeds by city.-Whenever any real estate shall have been sold pursuant to the preceding sections of this article, the board of commissioners of the sinking fund, or a majority of them, shall give a certificate, under their hands, that the same has been sold pursuant to the provisions of this article, and upon the production of such certificate and the evidence that the proceeds of such sale have been paid into the treasury to the credit of the sinking fund for the redemption of the city debt, or such other appropriate fund as provided by the charter, the mayor and the city clerk shall execute proper conveyances of such real estate under their hands and the seal of the city. Whenever any real estate of the city shall have been sold pursuant to any provision of the charter or any ordinance, the mayor and the city clerk shall execute proper conveyances of such real estate, under their hands and the seal of the city. (C. O. § 76, revised.) § 105. Quit-rents.-The comptroller shall preserve in a book to be kept in his office for that purpose, to be called the record of quit |