634 PARKS 



said party of the first part does hereby guarantee that the work herein mentioned shall be constructed with such 

 materials and in such manner that the same shall endure without the need of any repairs for a period of three 

 (3) years from and after the completion and acceptance of the same, without further compensation than that 

 provided for in this contract for the first cost of said work, and the acceptance of the work done hereunder and 

 the issue of special tax bills in payment therefor shall not be held to prevent the maintenance of an action on 

 the contractor's bond for failure to construct said work with such materials and in such manner that the same 

 shall endure without the need of any repairs for the required period. 



Terms "contractor" and "superintendent of parks." Whenever the term "contractor" or pronoun in place 

 thereof occurs in this agreement, it is understood to mean the party or parties of the first part to this contract. 

 And whenever the term "board of park commissioners" or "superintendent of parks" occurs, it is understood 

 to mean the Board of Park Commissioners of Kansas City or Superintendent of Parks of Kansas City, respectively. 



Manner of prosecution. The work herein contemplated shall be commenced at such point or points, and 

 prosecuted in such manner and with such force as the board of park commissioners may direct. 



Detention. No additional time to that stated in this contract for the beginning or completion of the work 

 shall be allowed except for reasons that shall appear sufficient to the common council, in which case the additional 

 time to be allowed shall be fixed by an ordinance of the city, after being approved by the board of park 

 commissioners. 



Workmen. The contractor shall employ only competent foremen and skilled laborers, and shall promptly 

 discharge any man or men who refuse to obey the orders of the superintendent of parks or his authorized agent, 

 or who are considered by him incompetent or disorderly. 



Assignment of contract. The contractor shall not transfer this contract without the approval of the board 

 of park commissioners and the common council. No transfer shall, under any circumstances, relieve the contractor 

 of his liabilities and obligations under this contract. 



Precautions. The contractor shall put up and maintain sufficient lights at night, suitable barricades, and 

 take any other and all precautions to guard against damage or injury to person or property, and shall interfere 

 as little as practicable with the use of said boulevard. 



Grade. The term "grade" used in the specifications hereto attached is understood to refer to and indicate 

 the legally established grade of the boulevard, parkway, road, street, avenue or alley. 



Price includes. The price per square foot of sidewalk, as hereinafter mentioned, includes and is in full com- 

 pensation for all the labor, material, tools or supplies of whatever nature that are employed or used in the 

 prosecution, construction, preservation, or are in any manner whatsoever stated, implied or involved in the 

 proper execution and protection of the work herein contemplated, according to the terms and conditions of this 

 contract and specifications. 



Inspector. The superintendent of parks may appoint an inspector or other subordinate who shall represent 

 him on this work, and any orders such inspector may give relative to any detail of the work shall have the same 

 force and effect as if given by the superintendent of parks in person. 



Plans and specifications. The plans and specifications on file in the office of the board of park commissioners 

 relating to the work herein contemplated, and all plans which may be made subsequent to the date of this con- 

 tract, of an explanatory nature thereto, are understood to be a part of this contract and specifications. 



The quantity, the aggregate cost of the work and the amount due the contractor for work done under this 

 contract according to the price named herein shall be determined by the board of park commissioners. This 

 amount, less any and all deductions which the board of park commissioners is empowered or instructed to make 

 in accordance with the terms of this contract and specifications, shall, in the event of the faithful performance 

 and due acceptance of the work, constitute the whole amount due under this contract for which special tax bills 

 shall be issued according to law on the completion and acceptance of the work. 



All materials and workmanship used in the work contemplated in this contract shall be subject to the 

 inspection of the superintendent of parks, and his decision as to what conforms to the specifications shall be 

 final and conclusive on all parties, and any work which he shall decide to be defective shall be removed, rebuilt 

 or made good by the contractor at his own cost. All condemned materials shall be immediately removed from 

 the vicinity of the work. 



Failure or neglect on the part of the superintendent of parks to condemn or reject bad or inferior material 

 or workmanship shall not be construed to. imply an acceptance of any work. The work herein specified to be 

 done is not to be considered as finally accepted until the special tax bills are issued for the same, and the issue 

 of special tax bills in payment therefor shall be considered an acceptance thereof by the board of park commis- 

 sioners and the said city. 



The contractor shall protect from damage, caused by the negligence of himself, his agents, officers, employees, 

 or associates, all gas and other pipes, and lamp posts, and property of public utility companies, and shall reset 



