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0 <br />0 <br />• <br />• <br />n <br />U <br />MAL TEST 11. Upon completion of the construction; the Engineers agree to <br />AND REPORT- conduct final -operating tests "of - the entire completed works. <br />A written report, detailing the r sults of said tests, shall be <br />presented to the Owner. <br />CONSIDERA- 12: IN CONSIDERATION- of-perfoTmi:ng -the .above services the Owner <br />TION shall -pay to Burns ,& McDonnell Engineering Company an amount <br />equal to five percent- (50)... of 'the ' cost of said improvements. <br />Payments_ shall be made as follows: <br />Forty=Five Hundred -Do lars-($4500.00) at the time of comple- <br />tion and presentation.. to the_.Owner- of °the_.Preliminary Surveys, <br />Plans, Maps; Estimates and Reports -.receipt of which is hereby,, <br />acknowledged: This payment shall be -allowed as a credit towards <br />the total payment of five percent eM (50) above referred to. <br />ONE AND'ONE-HALF.PERCENT (1J01o)`of t-he estimated cost of said <br />improvements,-iess previous payment of Forty -Five Hundred <br />Dollars ($4500.00), at`the time of completion of the 'field work. <br />TWO PERCENT (2o) of the estimated cost of -said improvements, <br />at the- time of -the completion and -presentation to.; the Owner of <br />the Finial Plans and -Specifications; <br />And the balance- required to make the total of five percent <br />(50) of the actual cost -of said -improvements, shall be due and <br />payable at the time of the completion; final test and accep- <br />tance of the construction work. <br />13. It is agreed that after -completion, submission and approval <br />of Final Plans and Specifications, if changes are required - <br />through no fault of the Engineers then the actual cost of such <br />changes shall be.paid for by the Owner. <br />14. It is agreed that the payment shall be based upon the.actual <br />cost of the construction work, exclusive'of land, right-of-way, <br />engineering and legal expenses. <br />15. It is agreed -to begin the -above -engineering work and services <br />within ten (10) days from the date of execution of this contract, <br />and to prosecute the same to completion without interruption. <br />16. And the said Burns & McDonnell Engineering- Company, a part- <br />nership, above referred to, stipulate and agree that they are <br />authorized to -operate and comply -fully with the laws of the <br />State of Indiana, and that the representations in this agree- <br />ment and the signature to -this -agreement by R. E. McDonnell is <br />fully authorized by the terms of the partnership filed in the <br />proper -offices in the County at Kansas City, Missouri. <br />Given under our hands and seals this llth day of February, 1937. <br />PARTY OF THE FIRST PART <br />BURNS & MCDONNELL ENGINEERING COMPANY <br />By R. E. McDonnell <br />PARTY OF THE SECOND PART <br />FOR THE CITY -OF SOUTH BEND, INDIANA <br />THE BOARD OF PUBLIC WORKS AND SAFETY <br />Frederick J. Anderson <br />Edwin W. Hunter <br />Fred Woodward <br />ATTEST: <br />Geor a 0. Thurn <br />CLERK OF THE" BO " OF PUBLIC <br />WORKS AND SAFETY <br />The purpose of the meeting having been accomplished, the meeting adjourned <br />at 4:00 P. M. <br />AT. ,! .,�.�®.....�....�_� Clerk <br />