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4-0 Tuesday, January 28th. , 1030 . .
<br />Depa. rtme nt of Public Works of said City.
<br />And the said C04tra.ctors shall pay all debts for material and labor and
<br />pay all sub -contractors and all legal claims arising out of this work and present
<br />receipt.ed bills, waiver of liens and other proof of payment to the satisfaction of said
<br />Board of Public Works.
<br />In consideration of the foregoing, it is further mutually weed that the
<br />plans, specifications, profileds and drawings aforesaid, and the bid and bond of -Con-
<br />tractors are hereby made a part of this contract, the same as if herein fully set out;
<br />that the said contract price shall be paid to the Cont actors upon weekly estimates, to
<br />be approved by said Board, not to exceed Eighty percent (80%) of such estimates, less
<br />the legal claims filed. against same, and the balance to be paid when said work is fully
<br />completed, accepted and approved, as aforesaid, and then at a regular meeting of the
<br />Board, not more than sixty (60) days nor less than thirty (30) days after the last work
<br />and labor is performed and the last material furnished. Before such final payment is
<br />made, said Contractors shall furnish to the satisfaction of said Board, evidence of the
<br />payment of all debts incurred in the proseettion of such work.
<br />It is mutually understood and agreed by and between the parties hereto
<br />that they shall file with said Board a cettificate from the Industrial Board of the
<br />State of Indiana that they have complied with the workma.n's compensation laws of the
<br />Stat e.
<br />Should said Contractors, at any time, refuse or neglect to supply a
<br />sufficiency of properly skilled workmen or of materials of the proper quality, or fail
<br />in any respect to prosecute the work with promptness and filigence, or fail in the
<br />performance of any of the agreements herein contained, such refusal,, neglect or failur
<br />being determined by said Board of Public forks, the said City shall be at liberty,
<br />after three (3) days' notice to said Contrectors, to provide any such labor or material
<br />arm to deduct the cost thereof from any moneys (the due or thereafter to become due to
<br />the Contract ors under ' this contract, and if it determine such refusal, neglect or fail-
<br />ure as sufficient ground for such action, the said City through its Board of Public
<br />orks shall also be at liberty to terminate,. -the employment cf the Contractors for the
<br />said work and to make other arrangement sr completing the work under this contract,
<br />^rd to empleting the work under this con act, and to employ, and to employ ahy other
<br />person or persons to finish the work, and to provide meter- als therefor, and said
<br />Contractors shall be entitled to receive only pay for services performed as shall be
<br />determined by said Board cf Public Works and if the expense of so completing said work
<br />shall exceed the; unearned balance, said (5ontractors shall the difference.
<br />It is understood and agreed by and between the parties hereto that nothing
<br />extra shall be charged for unless the same is agreed upon in writing by and between the
<br />parties hereto, together with the estimated cost (thereof before the performance of said
<br />extra work or the furnishing of anyt'-.ing extra; that no additional cr extra work is to
<br />be done unless the same has been agreed upon beforehand in writing by and between the
<br />parties hereto, together with the estimated cost thereof before the performance of, said
<br />extra labor, and that said plans and specifications are not be to be changed without the
<br />written consent of both parties hereto and the Architect first had and obtained.
<br />It is further a greed `that the City, through its Department of Public
<br />14 prks, may extend the time of the completion of said work upon proper showing of the
<br />necessity thereof. But that in the ' event said improvement is Aot fully completed and
<br />this contract not fully complied with on or before the I5th. , day of ?arch I930, then,
<br />and in that event the City is authorized to withhold from the contrr ct price aforesaid,
<br />the sum of Twenty-five Dollars, (25.00) per day for each day said work remains un-
<br />finished and incomplete thereafter, which sum. may be so held as liquidated damage, and
<br />which sum is hereby a.gre'ed upon as the amount of damages which may be sustained by said
<br />City and is so agreed upon on account of the undertainty of the amount and extend of
<br />such damages and the difficulty of establishing the same: Provided, however, that such
<br />damages shall not be enforced or retained on account of delay from causes beyond our
<br />power or control of said Contra cots.
<br />This Contract is subject to the approval of the Common Council of the City
<br />of South bend, Indiana..
<br />Witness our hands and_ seals this 28th., day of January 1930.
<br />CITY OF SOUTH AND INDIANA BY ITS BOARD OF PUBLIC '75DR"K_S
<br />IA. E . DORAN
<br />JOH% K. SMr0GOR
<br />RI�IPH H. HUSS
<br />R+ENITERS .
<br />GFRBFR .tND FIT. A-
<br />BY CLMIEl T J. GERB N R.
<br />Meeting adjourned at I2OClock noon.
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<br />tte sted : Cle rk
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