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nonda y, April 9 th . , 1934
<br />Vll. The City shall, without; cost to the other parties, arrange for all
<br />the right o_f way, easements and property rights required for the proposed reconstructio
<br />of Western Avenue and the relocation and reconstruction of Walnut Street provided for
<br />hereinavd except as herein ptrerwise provided shall also, without cost to the other
<br />parties he_retor arrange for any necessary changes in or adjustment of publicly or pri-
<br />vately ownef utilities or other property .required for or made necessary by the proposed
<br />changes in said, streets.
<br />Vill. The City agrees, without cost to the State, to arrange for any recon-
<br />struction and/or vacation of Arnold Street and of Cherry .Street and of any other
<br />streets, alleys or other public property made necessary by the change in grade of the
<br />railroad and/or the change in grade of location of Western Avenue and balnut Street.
<br />The lity also agrees, without cost to the other parties hereto, to install or arrange
<br />for the installation, maintenance, and operation of proper and adequate automatic
<br />traffic control lights to protect traffic on Western Avenue and Aaln.ut :streets at their
<br />inter•section, such lights to be so located as not to encros.eh upon or reduce the
<br />traffic clearances of the streets or underpass.
<br />1X. Each of the parties hereto shell pay all of the cost of inspection,
<br />engineering, supervision, accounting, a dministra Lion, watching, paving, track work,
<br />changes in wires, signelb and other eppurtenances and of incidental items incurred by
<br />each respectively, except that the State shall pay to the Railroad Company the sum of
<br />Seven Thousand 07 , 000.0-0) dollars as a partial reimbursement for the cost of in-
<br />spection, engineering, track work and changes in wires and signals upon submission of
<br />itemized statements of such disbursements aggregating a sum equal to or greater than
<br />Y , 000.00.
<br />X. The Ra.i.lroad Company shall initiate, handle and in the first instance
<br />pay for the raising of its tracks, the construction of the railroad bridge, the exca-
<br />vation incidental thereto, the water-probfinF of said bridge anc for the trick work
<br />involved thereim, including construction and removal of any necessary crossovers, and
<br />detour or construction track temporary bridges and/or track supports, and ell other
<br />wgrk described in Artile 1V (a) hereof . 01 work to be charged to the State hereunder
<br />shall be let by contract to a contractor or contractors who has adequate enuipment,
<br />orgnnizati on, and finances for the work and who has previously constructed railroad
<br />bridges, subway or trackeelevation work of equal or larger size involving the mainten-
<br />ance of main line railroad traffic during such construction. The specifications for
<br />all such contracts shell include the standard special_ provisions relating to hours,
<br />wppes, methods of :pork and other matters whic'r have been approved for Eptionsl Recovery
<br />P.i£•h ay Projects in Indiana. Before bids shall be invited on any such contracts,
<br />complete plans, specifications, Pnd forms of invitation, advertisement, proposal and
<br />contract therefor shall, lave been completed by the railroad company and approved by the
<br />City and the State end submitted by the State to the district engineer of the U. S.
<br />Bureau of Public Roads and hy him formally recommended for approval. For each such
<br />contract the railroad compo ry shall then give notice by at least one pug licat i_on in
<br />two newspapers of feneral circulation throughout the State of Ins' Tana , and in two news
<br />papers representing the parties casting the highest and next highest vote in the bounty
<br />of St. Joseph, Indiana, of r-ener=l circulation in the county that on r date and hour
<br />and a place in lnfiena to be named in the notice, sealed bids will be received by the
<br />reilrond compeny for the work described therein. Epch such notice shill be published
<br />at least ten days before the date named therein. Cn the date any' at the time and
<br />place nem& in t _e notice suct bids shall ^e publicly opened end read. The ka:ilroad
<br />Company shall award suc4 contract to tKe lowest and test bidder but shall not execute
<br />any contract or start work thereunder until such a7ard shall have been approved by the
<br />State, and submitted by it to the district engineer of tV e 7. S. Eureau of Public Roads
<br />and he has concurred in suc' aT and .
<br />Xl. The State shall initiate. handle anc pay for all work described_ in
<br />Article 1V (c) 1V (d) and V, except as herein otrerv:ise provided. Plans and specifi-
<br />cations therefor s ,a ll be prepared by the State and approved. 07 the Railroad Company
<br />and the City as their respective interests may appear, before contracts are let or
<br />work started thereon.
<br />Xll. The railroad Company shall keep complete records of the cost of ell
<br />contra ct work done, in the prosecution of the portions of the work to be performed by
<br />it^nd shall render monthly statements of disbursements on account of suer_ work to the
<br />State, together with bills for its proper proportion thereof, which shall be paid with
<br />in sixty days, provided however that fifty percent of the cost of steel work shall be
<br />chargeable to the State when it is Celiverec to the site of the work and the balance
<br />when it is incorporated in the work. Each pe rty to this agreement shall submit
<br />to the other parties on request, such infor_mption a:, their may require concerning the
<br />cost end ether details of the work.
<br />Xlll. The parties hereto a�r��ree that in me"inn or entering into any contract
<br />with any contractor or contractors covering any portions of the work herein contemplat-
<br />ed, such contract shall provide that such contractor or contractors shpll furnish a
<br />bond conditioned, to secure the faithful performance of such contract, and for the
<br />ppyment of_ all lawful claims of sub -contractors, mnt-rials men and laborers for labor
<br />performed and materials furnished, or -other services .rendered in the carrying forward,
<br />performing and completing of said contract ( said bond to be for thn benefit of any
<br />material man or laborer having a just claim ^g.=inst such coatTector or sub -contractor),
<br />snc to indemnify and save harmless the Pailroed Company, its tenants end lincensees, th
<br />City and the State, and the officers, agents end employes thereof, from all loss, cost,
<br />expense suits, claims or demands of any character that may arise from or grow out of
<br />the performance of such contract on account of injuries to person or damage to :property
<br />or for try infringement of petents, trade marks or copyrigpts, and all claims arising,
<br />or amounts recovered under the horkmen's uompenrati.on Aaw or und=r any other lays,
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