640 



PARKS 



12. Correction of Work before Final Payment. 



The contractor shall promptly remove from the 

 premises all material condemned by the engineer as 

 failing to conform to the contract, whether incorporated 

 in the work or not, and the contractor shall promptly 

 replace and reexecute his own work in accordance with 

 the contract without expense to the commissioners and 

 shall bear the expense of making good all work of other 

 contractors displaced by such removal or replacement. 

 If the contractor does not remove such condemned work 

 and materials within a reasonable time fixed by written 

 notice, the commissioners may remove them and store 

 the material at the expense of the contractor. If the 

 contractor does not pay the expense of such removal 

 within five days thereafter, the commissioners may 

 upon ten days' written notice, sell such material at 

 auction and at private sale, and shall account for the 

 net proceeds thereof, after deducting all costs and ex- 

 penses which should have been borne by the contractor. 



13. Correction of Work after Final Payment. 

 Neither the final certificate nor any payment nor 



any provision in the contract documents shall relieve 

 the contractor of responsibility for faulty materials or 

 workmanship, and he shall remedy any defects due 

 thereto and pay for any damage to other work resulting 

 therefrom, which shall appear within a period of two 

 years after installation. The engineer shall give notice 

 of observed defects with reasonable promptness. All 

 questions arising under this article shall be decided 

 under Article 8. 



14. Protection of Work and Prcperty. 



The contractor shall continuously maintain adequate 

 protection of all his work from damage and shall pro- 

 tect the property of the commissioners, the Illinois 

 Central Railroad Company, and all others fromi injury 

 arising in connection with this contract. He shall make 

 good any damage or injury to persons or property that 

 may be occasioned directly or indirectly by his opera- 

 tions in the prosecution of the contract. In the erection 

 or construction of those parts of the structure which 

 are upon, adjacent to, or over the right of way of the 

 Illinois Central Railroad Company, the contractor will 

 be required to exercise unusual care to carry on his 

 operations outside of the clearance lines fixed on the 

 construction plan prepared by the engineer and ap- 

 proved by the Illinois Central Railroad Company, and 

 shall abide by the notes of instructions shown on that 

 plan, which plan is made a part of the contract docu- 

 ments. 



75. Emergencies. 



In an emergency affecting safety of life or property 

 not considered by the contractor as within the provi- 

 sions of Article 14, then the contractor, without special 

 instructions or authorization from the engineer, is 



hereby permitted to act at his discretion to prevent such 

 threatened loss or injury and he shall so act if so in- 

 structed or authorized by the engineer. Any com- 

 pensation claimed to be due him therefor shall be 

 determined under Articles 8 and 19, regardless of the 

 limitations in Article 20 and in the second paragraph 

 of Article 19. 



16. Contractor's Liability Insurance. 



The contractor shall maintain such insurance as shall 

 protect him from claims under workmen's compensation 

 acts and from any other claims for damages for personal 

 injury, including death, which may arise from opera- 

 tions under this contract, whether such operations be 

 by himself or by any subcontractor or anyone directly 

 or indirectly employed by either of them. Certificates 

 of such insurance shall be filed with the commissioners 

 and shall be subject to its approval for adequacy of 

 protection. 



/7 Fire Insurance. 



The commissioners shall maintain fire insurance on 

 all structures on which work is to be done and upon all 

 materials in or adjacent thereto and intended for use 

 thereon, to at least eighty per cent of the insurable 

 value thereof. All policies shall be open for inspection 

 by the contractor. The loss, if any, is to be made ad- 

 justable with and payable to the commissioners. The 

 commissioners shall settle and adjust any losses with 

 the insurers and shall distribute any money received 

 from insurers in accordance with the relative interests 

 of the commissioners and the contractors at the time 

 cf said loss. 



18. Guarantee Bond. 



The contractor will be required to execute a contract 

 in the form now on file in the office of the commission- 

 ers, and which may be seen on application within ten 

 days from date of mailing of notice that the contract 

 is ready for signature, and at the same time give a 

 bond in the sum of twenty-five per cent of the estimated 

 amount of his proposed contract in the form now on 

 file in the office of the commissioners, and which may 

 be seen on application, said bond to be executed by 

 the contractor and a responsible surety company au- 

 thorized to do business in the State of Illinois, and 

 satisfactory to the commissioners. In case of the con- 

 tractor's failure or neglect to present said contract and 

 bond duly executed within said ten days, the com- 

 missioners may at its option declare said bid and the 

 acceptance thereof, null and void, and forfeit the deposit 

 accompanying said bid as liquidated damages. 



19. Changes in the Work. 



The commissioners, without invalidating the con- 

 tract, may make changes by altering, adding to and 

 deducting from the work, the contract sum being ad- 



