THE PARK ENGINEERING DIVISION 635 



and rebuild to proper line and grade and repair any sidewalks, curbing, guttering or catch basins in accordance 

 with the specifications for constructing such sidewalks, curbing, guttering or catch basins that may become 

 damaged or displaced at any time during the progress of the work, and he shall protect from damage all property 

 of the city. 



Cleaning up and repairing damages. Upon completion of each block in length of the work herein contem- 

 plated, the contractor shall immediately remove all materials, earth, stones and rubbish of every kind from the 

 boulevard, and any damage or injury done to private or public property along the boulevard by the contractor, 

 and any damage to any property of the city shall be made good by him, before the acceptance of the work. 



GENERAL STIPULATIONS 



// is further expressly agreed between the parties hereto that this contract is made subject to the conditions 

 and stipulations which follow, viz.: 



1. The first party shall commence work at such points as the board of park commissioners may direct, and 

 shall conform to its directions as to the order of time in which the different parts of the work shall be done, as 

 well as to all its other instructions as to the mode of doing the same. 



2. Whenever the contractor is not present on the work, orders will be given to the superintendents or over- 

 seers in immediate charge thereof, and shall by them be received and obeyed; and if any person employed in the 

 work shall refuse or neglect to obey the instructions of the board of park commissioners or its duly authorized 

 agents, in any way relating to the work, or shall appear to the superintendent of parks to be incompetent, dis- 

 orderly or unfaithful, he shall, upon the requisition of the superintendent of parks, be at once discharged and 

 not again employed on any part of the work. 



3. Any work not herein specified, which may be fairly implied as included in this contract, of which the 

 board of park commissioners shall be the judge, shall be done by the first party without extra charge. 



4. The work embraced in this contract shall be begun within ( ) days after 



this contract binds and takes effect, and shall be prosecuted regularly and uninterruptedly thereafter (unless 

 the said board of park commissioners directs otherwise in writing), with such force as to secure the full completion 



of all the work embraced in this contract within ( ) calendar days from the date 



of its confirmation, and if the contractor shall fail to complete the work embraced in this contract within the 

 time above specified, an amount equal to the sum of fifteen dollars ($15.00) per day for each and every day there- 

 after until such completion shall be deducted as liquidated damages for such breach of this contract from the 

 amount of the final estimate of such work. 



And no extension of the time hereinbefore provided for the completion of said work, granted by said third 

 party at the request or upon the petition of the contractor, shall be held or taken as a waiver of the right to 

 deduct the sum of fifteen dollars ($15.00) per day as liquidated damages aforesaid for each and every day said 

 contract shall remain uncompleted after the time provided in such extension for completion of said work. 



5. If, in the opinion of the board of park commissioners, the first party, at any time during the progress 

 of the work, is not prosecuting the work with sufficient force to insure its completion within the time specified 

 in this contract, it may notify the first party to employ such additional force as it deems sufficient; and on the 

 failure of said first party to comply with such notice within three (3) days after its delivery, the board of park 

 commissioners may, at its option, declare this contract annulled. But such declaration annulling the contract 

 must be confirmed and ratified by ordinance before having any force or effect. 



And the power is reserved to the board of park commissioners by Kansas City to suspend or annul this con- 

 tract, or to suspend the doing of any work thereunder at any time for any failure on the part of the first part 

 to fulfil! the same, or for other good cause; and any action of the board of park commissioners in suspending or 

 annulling this contract, or suspending the doing of the work thereunder, and its decision as to the existence of 

 cause or reason for such annulment or suspension, shall be conclusive as to the existence of such cause or reason 

 in any controversy or litigation between the parties hereto, or others claiming under them. If this contract be 

 so suspended or annulled, the said first party shall not be entitled to anything on account of damages thereby, 

 nor shall such annulment or suspension in anywise affect the right of said Kansas City to damages and penalties 

 claimed by it on account of the failure of said first party. But said abatement or annulment, or suspension, must 

 be ratified by ordinance before being of any force or effect. 



6. The first party will be required to observe all city ordinances in relation to obstructing the streets, main- 

 taining signals, keeping open passageway and protecting same where exposed, and generally to obey all laws 



