Right of property in materials. Competent men to be employed. Compliance with Labor the Engineer and accepted or estimated for payment. If the work, or any part thereof, shall be found defective before the final acceptance of the whole work, the Contractor shall forthwith make good such defect without compensation, in a manner satisfactory to the Engineer, and if any materials brought upon 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 discard such materials and remove them to a satisfactory distance from the vicinity of the work. If the Contractor shall fail to replace any defective work or materials after reasonable notice, the Engineer may cause such defective work or materials to be replaced and the expense thereof shall be deducted from the amount to be paid the Contractor. ART. XIV. Nothing in this contract shall be considered as vesting in the Contractor any right of property in materials used, after they shall have been attached or affixed to the work or the soil, nor in materials which have been estimated for partial payment, but all such materials shall, upon being so attached or affixed, or estimated, become the property of The City. ART. XV. The Contractor shall employ only competent, skillful men to do the work, and whenever the Engineer shall notify the Contractor, in writing, that any man on the work is, in his opinion, incompetent, unfaithful, disorderly or otherwise unsatisfactory, such man shall be discharged from the work, and shall not again be employed on it, except with the consent of the Engineer. ART. XVI. The Contractor shall comply with the proviLaw required. sions of the "Labor Law," as amended. No laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the 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. The wages to be paid for a legal day's work to all classes of such laborers, workmen or mechanics upon such work or upon any material to be used thereon shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality where such work is being constructed. Each such laborer, workman or mechanic shall receive the prevailing rate of wages. This contract shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of Sections 3 and 14 of the Labor Law. ART. XVII. The Contractor shall punctually pay his No store pay. employees who shall be engaged on the work covered by this contract, in cash and not in scrip, commonly known as store money-orders, and he shall not, directly or indirectly, conduct or carry on what is commonly known as a company store if there shall at the time be any store selling supplies within 2 miles of the place where this contract is being executed. caused by borne by ART. XVIII. Any expense necessarily incurred by a Expense county, town or city in any criminal action or proceeding riots to be against any person employed on any work, constructed or in Contractor. process of construction under this contract, or in the suppression of riots among persons employed on said work, or in the prevention of the commission of crime by such persons, after being duly audited as required by law, shall constitute a claim in favor of such county, town or city against The City of New York, and an action may be maintained on such audit as for money paid to the use of The City, and the said Contractor shall be responsible to The City for any amount or expense incurred by reason of, and upon the grounds set forth in this article. indemnify against paupers, etc. ART. XIX. This contract shall not take effect until the Bond to Contractor or employer of labor to be engaged in the con- municipalities struction of any of the work herein provided for shall give to the municipality in which such labor may be employed a bond in the penal sum of five thousand dollars ($5,000), conditioned to indemnify and save harmless such municipality against any loss, expense or charge that said municipality may legally incur Laws and regulations. Personal attention. Assignment. because of paupers or indigent employees brought into said municipality and having no settlement therein, such bond to be approved by the chief executive officer of such municipality. ART. XX. The Contractor shall keep himself fully informed of all laws, ordinances and regulations in any manner affecting those engaged or employed in the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he shall forthwith report the same in writing to the Engineer. He shall at all times himself observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect and indemnify The City and the Board and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or by his employees. ART. XXI. The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized representative, on the site of each structure, continually during its progress to receive directions or instructions from the Office at work. Engineer. He shall maintain an office at or near the site of one of the structures, where copies of the contract and of all working drawings shall be kept ready for use at any time. He shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Board indorsed herein or hereto attached; 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 signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey, sublet, or otherwise 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 other corporation, this contract may, at the option of the Board, 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 Contractor, and to his assignee or transferee; 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; and no right under this contract, or to any money to become due hereunder shall be asserted against The City in law or 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 Board. ART. XXII. The Contractor shall take all responsibility Responsibility of the work, shall bear all losses resulting to him on account of of Contractor. the amount or character of the work, or from any unforeseen difficulties which may be encountered, or an account of the weather, floods or other causes; and he shall assume the defense of, and indemnify and save harmless The City and the Board and each member of the Board, and their officers and agents, from all claims of any kind arising from the performance of this contract. ART. XXIII. The Contractor shall thoroughly and satis-Protection of City property. factorily cover and protect all apparatus and property of The City which may be affected by dust or otherwise and shall be responsible for any injury or defacement caused directly or indirectly by himself or his employees or agents to all property of The City. He shall replace any articles that may be stolen from either of the chambers while his work is in progress therein. He shall promptly and satisfactorily repair or replace any and all injured or defaced parts as directed without compensation. In case of delay in repairing or replacing such injured parts, the Board shall have the right to make such repairs or replacement and to deduct the cost thereof from any Prevention of, and in for, accidents. moneys that may be due or may thereafter grow due to the Contractor. ART. XXIV. The Contractor, during the performance of demnification the work, shall take all necessary precautions and place proper guards for the prevention of accidents; shall put up and keep suitable and sufficient lights and other signals, and shall indemnify and save harmless The City and the Board, its officers and agents from all damages and costs to which they may be put by reason of injury to the person or property of another resulting from his negligence or carelessness in the performance of the work, or in guarding the same, or from any improper materials, implements or appliances used in its construction, or by or on account of any act or omission of the Contractor or his agents. The whole, or so much of the moneys due under and by virtue of this contract as shall or may be considered necessary by the Comptroller, may at its option, be retained by The City until all suits or claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the Comptroller. Claims for in- Abandonment of work. ART. XXV. The Contractor shall hold himself responsible for any claims made against The City for any infringements of patents by the use of patented articles in the construction and completion of the work, or any process connected with the work agreed to be performed under this contract or of any materials used upon the said work, and shall indemnify and save harmless The City for all costs, expenses and damages which The City shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. ART. XXVI. If the work to be done under this contract 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 at any time the Engineer shall be of the opinion, and shall so certify in writing to the Board, that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is wilfully violating any of the |