THE PARK ENGINEERING DIVISION 



643 



To insure proper execution of his subsequent work 

 the contractor shall measure work already in place and 

 shall at once report to the engineer any discrepancy 

 between the executed work and the drawings. 



55. Subcontracts. 



The contractor shall, as soon as practicable, after 

 signing the contract, notify the engineer in writing of 

 the names of the subcontractors proposed for any prin- 

 cipal parts of the work, and shall not employ any that 

 the engineer may within a reasonable time reject. 



The engineer shall, on request, furnish to any sub- 

 contractor, whenever practicable, evidence of the 

 amount certified to on his account. 



The contractor agrees hereby that he is as fully 

 responsible to the commissioners for the acts and omis- 

 sions of his subcontractors and of persons either directly 

 or indirectly employed by them, as he is for the acts 

 and omissions of persons directly employed by him. 

 Nothing contained in the contract documents shall 

 create any contractual relation between the subcon- 

 tractors and the commissioners. 



36. Relations of Contractor and Subcontractor. 



The contractor agrees to bind every subcontractor to 

 the terms of general conditions, drawings and specifi- 

 cations as far as applicable to his work, including the 

 following provisions of this article unless specifically 

 noted to the contrary in a subcontract approved in 

 writing as adequate by the commissioners. Such sub- 

 contracts shall be so drawn that the subcontractor 

 agrees : 



(a) To be bound to the contractor by the terms of 

 the general conditions, drawings and specifications and 

 to assume toward him all obligations and responsibilities 

 that he, by those documents, assumes toward the com- 

 missioners. 



(b) To make all claims for extras, for extensions of 

 time, and for damages for delays or otherwise, to the 

 contractor in the manner provided in the general con- 

 ditions for like claims by the contractor upon the 

 commissioners. 



The contractor agrees: 



(a) To be bound to the subcontractor by all the 

 obligations that the commissioners assume to the con- 

 tractor under the general conditions, drawings and 

 specifications. 



(b) To pay the subcontractor upon issuance of cer- 

 tificates, the amount allowed to the contractor on 

 account of the subcontractor's work to the extent of 

 the subcontractor's interest therein. 



(c) To pay the subcontractor on the issuance of cer- 

 tificates if issued otherwise than in (d) so that at all 

 times his total payments shall be as large in proportion 

 to the value of the work done by him as the total 

 amount certified to the contractor is to the value of the 

 work done bv him. 



(d) To pay the subcontractor on demand for his 

 work or materials as far as executed and fixed in place, 

 less the retained percentage at the time the certificates 

 should issue, even though the engineer fails to issue 

 for any cause not the fault of the subcontractor. 



(e) To pay the subcontractor a just share of any fire 

 insurance money received by him, the contractor, under 

 Article 17 of the general conditions. 



(/) To make no demand for liquidated damages or 

 penalty for delay in any sum in excess of such amount 

 as may be specifically named in the subcontract. 



(g) That no claim for services rendered or materials 

 furnished by the contractor to the subcontractor shall 

 be valid unless written notice is given thereof by the 

 contractor to the subcontractor during the first ten 

 days of the calendar month following that which the 

 claim originated. 



(h) To give the subcontractor an opportunity to be 

 present and submit evidence in any controversy involv- 

 ing his rights. 



Nothing in this article shall create any obligation on 

 the part of the commissioners to pay or to see to the 

 payment of any sums to any subcontractor. 



37. Shelters. 



The contractor shall provide temporary shelters for 

 the protection of any materials that may be damaged 

 by exposure or otherwise, and he shall be responsible 

 for all loss or damage to scaffolding, tools, equipment, 

 apparatus and all other materials used in connection 

 with his work. 



38. Watchmen. 



The contractor shall be responsible for all damage 

 due to intrusion, and for the proper protection of the 

 bridge sites, and shall provide competent watchmen 

 both day and night, including Saturdays, Sundays and 

 holidays, from the time the work is commenced at the 

 sites until the final completion of his work. 



39. Photographs. 



The contractor shall employ an experienced photog- 

 rapher, approved by the commissioners, who shall take 

 two photographs, each being a different view of the 

 structure, every two weeks from the time the work is 

 commenced until the work is completed. Three prints 

 of each photograph shall be furnished to the commis- 

 sioners. These prints shall be eight by ten inches in 

 size, mounted on linen for binding, and each print shall 

 be numbered, dated and identified as to the structure 

 and view. Prints shall be made on Velox or equal finish 

 paper. 



40. Advertising. 



No advertising will be permitted on, in or about the 

 structures or on the territory of the South Park System 

 occupied by the contractor. 



