644 



PARKS 



41. Cooperation. 



The contractor shall cooperate with all other con- 

 tractors employed by the commissioners in connection 

 with this work in such a manner and to such an extent 

 as to best facilitate the completion of the entire project 

 in the shortest possible time, subject at all times to the 

 approval of the commissioners. It shall be clearly under- 

 stood that the commissioners reserve the right and 

 intents to award other contracts for work to be con- 

 ducted at the same time and in connection with the 

 work contemplated under this contract. It shall be the 

 duty of the contractor to work with such other con- 

 tractors and employees, rendering such assistance and 

 so arranging his work that the entire project will be 

 delivered complete in the best possible condition and 

 in the shortest possible time. 



The contractor shall keep himself fully informed at 

 all times regarding all details of the work including not 

 only installation at the structure, but also the condition 

 of the work in the shops wherever materials are under 

 construction for any portion of the structure involving 

 in any manner the work being furnished under this 

 contract, and he shall be responsible for all delays that 

 may result in his failure to install his own work in 

 proper manner and in proper time. 



42. Liens and Suits. 



(a) Neither the contractor nor any subcontractor, 

 material men or any other person shall file or maintain 

 a lien, commonly called a mechanic's lien, for materials 

 delivered for use in, cr work done in the performance 

 of this contract, and the right to maintain such lien for 

 any or all of the above-named parties is hereby expressly 

 waived, except in the event of failure or refusal of the 

 commissioners to pay the amount called for by the 

 certificate of the engineer within five days of the date 

 of its tender to the commissioners for its payment. 

 Then, in such case only, shall any of the above-named 

 parties have the right to file and maintain a mechanic's 

 lien. 



(b) Neither the final payment nor any part of the 

 retained percentage shall become due until the con- 

 tractor, if required, shall deliver to the commissioners 

 a complete release of all liens arising out of this contract, 

 or receipts in full in lieu thereof and, if required in either 

 case, an affidavit that so far as he has knowledge or 

 information the releases and receipts include all the 

 labor and material for which a lien could be filed; but 

 the contractor may, if any subcontractor refuses to 

 furnish a release or receipt in full, furnish a bond satis- 

 factory to the engineer, to indemnify the commissioners 

 against any lien. 



(c) The contractor shall and will indemnify, save 

 harmless and defend the commissioners from any and 

 all suits, actions, legal proceedings, claims, demands, 

 damages, costs, expenses and attorney's fees in any 

 manner caused by, arising from, incident to, connected 



with or growing out of the execution of the work herein 

 contracted for. 



4J. Protection of Railroad Company. 



In order to protect the Illinois Central Railroad Com- 

 pany from damage caused by falling objects, or in any 

 other way, during the progress of work contemplated 

 herein, the contractor shall cause to be attached to his 

 liability insurance policies and duly approved by an 

 authorized officer of the insuring company, such public 

 liability endorsement as shall operate to extend the said 

 policy to include the Illinois Central Railroad Company 

 as its interests may appear and such as shall be satis- 

 factory to said railroad company. 



The contractor doing the work specified shall indem- 

 nify, save harmless and defend the Illinois Central 

 Railroad Company from any and all suits, actions, legal 

 proceedings, claims, demands, damages, costs, expenses 

 and attorney's fees in any manner caused by, arising 

 from, incident to, connected with, or growing out of 

 the execution of the work. 



4.4. Failure to Complete on Time. 



Time is of the essence of this contract and, should 

 said party of the first part fail, refuse or neglect to 

 complete the work covered by this contract within the 

 time agreed upon, said party of the second part may 

 waive the time limit and permit said party of the first 

 part to finish the said work within a reasonable period, 

 to be determined by said party of the second part. 

 Should the original time limit be thus waived, the actual 

 amount of damages to said party of the second part 

 for each day's delay beyond the time originally set for 

 completion shall be determined by the general super- 

 intendent of said party of the second part and shall be 

 deducted from the balance due said party of the first 

 part on account of this contract, or, in case such balance 

 is insufficient, the amount of said damages shall, on 

 demand of said party of the second part, be refunded 

 by said party of the first part to said party of the second 

 part. 



4-5- Office for Engineer and Inspector. 



The contractor shall furnish at a location to be 

 selected by the engineer, a suitable office for the use 

 of the engineer and inspector, having a floor area of 

 approximately three hundred square feet, equipped with 

 a plan desk, suitable shelves, drawers and locker. This 

 office shall be provided with locks and keys. The 

 office built by this contractor shall remain until the 

 final completion of the structure for which it is intended, 

 and shall be provided with lights and heat and tele- 

 phone service, which shall be maintained by the dif- 

 ferent contractors as follows: 



(a) By this contractor until the beginning of con- 

 struction of concrete incasing. 



(b) By the contractor for the concrete incasing until 



