630 PARKS 



into a formal contract with the park governing authority and often with 

 the city or county as a third party. This contract embodies the bid or bids, 

 the general conditions under which the work is to be conducted and includes 

 all plans and specifications proper, together with acceptable individual or 

 surety bonds provided by the contractor for the faithful performance of 

 his duties and responsibilities under the agreement. Sometimes a main- 

 tenance bond is required in addition, binding the contractor to make good 

 any deficiencies that may appear in his work for a given number of years, 

 ranging usually from one to three years. Contracts are usually drawn in 

 conformity with state laws regulating the letting of contracts for public 

 work in municipalities or counties as the case may be. 



The following is an example of the form of agreement used by the 

 Board of Park Commissioners of Milwaukee: 



ARTICLES OF AGREEMENT, made this day of 



in the year , by and between 



of the City of Milwaukee, part of the first part: 



and .' 



party or parties of the second part; and the City of Milwaukee, party of the third part. 



Whereas, the said party of the first part has made a proposal in writing to the Board of Park Commis- 

 sioners of the City of Milwaukee, to furnish the materials and do the work hereinafter mentioned for the said 

 City of Milwaukee, for the price and within the time hereinafter mentioned, and according to the plans and 

 specifications thereof on file in the office of the said Board of Park Commissioners, and the said Board has 

 awarded the said work to the said party of the first part according to law; 



Now, therefore, the said party of the first part, for and in consideration of the payments hereinafter pro- 

 vided, for himself, his heirs, executors and administrators, or for itself, its successors and assigns, as the case 

 may be, hereby covenants and agrees to and with the said City of Milwaukee, to well and truly execute and 

 perform the said work and furnish the said material under the superintendence of the said Board of Park Com- 

 missioners, for the said price, and within the said time, and according to the said plans and specifications, that 

 is to say: 



And the said party of the first part hereby further covenants and agrees to and with the said City of Mil- 

 waukee to complete the said work in manner and form aforesaid on or before the time above specified. 



And it is hereby mutually agreed between the said parties hereto, that the said Board of Park Commissioners 

 shall have the right and power, and the same is hereby reserved to said Board, to adjust and determine finally 

 all questions: 



First, as to the proper performance of these presents and the doing of the said work by the said party of the 

 first part, and in case of the improper or imperfect performance thereof, to suspend the said work at any time, 

 or to order the entire reconstruction of the same, if improperly done, or to relet the same to some other com- 

 petent party, and in case the said work shall not be prosecuted with such diligence and with such number of 

 men as to ensure its completion within the time limited by these presents, to suspend the said work and relet the 

 same to some other competent party, or employ men and secure material for the completion of the same, and 

 charge the cost thereof to the party of the first part; and 



Second, as to the amount earned under these presents by the party of the first part according to the true 

 intent and meaning thereof. 



And it is further mutually agreed, that any and every such adjustment and determination by the said Board 

 of Park Commissioners shall be final and conclusive between the said parties to these presents, and binding 

 upon them. And that if, upon any such adjustment or determination by the said Board of Park Commissioners, 

 the damages to be paid to the said city according thereto, should exceed the amount due from the said city to 

 the said party of the first part according thereto, then and in that case the said parties of the first and second 

 parts, for themselves, and for their heirs, executors and administrators, or successors and assigns, as the case 



