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1 6 Wednesday,, April 18th . , 1934
<br />cars at some reasonable point on the lines'of the Rgilroad Company.
<br />Vl. The Railroad Company shall pay all the cost of transporting over lines
<br />operated by it including demurrage and storage and all cost of placing filling mat-
<br />erial and ballast to raise its tracks, all the cost of temporary and permanent changes
<br />in the tracks, switches, signals, crossings and other appurdienances, buildings or
<br />property of the railroad company except as specifically set out io Article V hereof.
<br />�Tll. The City shall, without cost to the other parties, arrange for all the
<br />right of way, easements and property rights required for the proposed reconstruction
<br />of Western Avenue and the relocation and reconstruction of W Inut Street provided for
<br />herein end except as herein otherwise provided shall also, without cost to the other
<br />perites heretom.arrange for any necessary changes in or adjustment of publicly or pri-
<br />vstely owned utilities or other property required for or made necessary by the propos-
<br />ed changes in said. streets.
<br />V111. The City agrees without cast to the State, to arrange for the recon
<br />struction of Arnold Street, for the vacation of Cherry btreet, end for any reconstruct.:
<br />ion and/or vacation of any other streets, alleys or other public property made neces-
<br />sary by the change in grade of the railroad and/or the change in grade or location of j
<br />Western Avenue and 'Walnut Street. The `'ity also agrees, without cost to the . other
<br />parties hereto, to install or arrange fbr the installation, maintenance, and operation
<br />of proper and adequate automatic traffic control lights to protect traffic at Western
<br />Avenue and "alivt Streets at their intersection, such lights to be so located as not
<br />to encroach upon upon or reduce the traffic clearances of the streets or underpass. j
<br />1X. Each of the parties hereto shall pay all the cost of inspection, engin-
<br />eering, supervision, accounting, administration, watching, paving, treck work, changes
<br />in wires, signals andother appurtenances and of incidental items incurred by each
<br />respectively, except th#t the State shall pay to the Railroad Company the sum of seven
<br />thousand ($7,000.00) dollars as a partial reimbursement for the cost of inspection,
<br />engineering, track work end enanges in wires and signals upon submission of itemized
<br />statements of such disbursements aggregating a sum equal to or greater than 7,000.00,E
<br />X.` The Railroad Company shall initiate, handle and in the first instance
<br />pay for the raising of its tracks, the construction of the railroad bridge, the ex-
<br />cavation incidental thereto, the waterproofing of said bridge and ror the track work
<br />involved therein, including construction and removal of any necessary crossovers, and
<br />detour or construction track, temporary bridges and/or track supports, and all other
<br />work described in Article 1V (a) hereof. All work to be charged to the State hereunde
<br />shall be let by contract to a contrac ftor or contractors who has adequate equipment,
<br />organization and finances for the work and who has previously constructed railroad
<br />bridge, subway or track elevation work of equal or larger size involv6ng the mainten-
<br />ance of main line railroad traffic during such construction. The specifications for
<br />all such contracts shall include the standard special provisions relating to hours,
<br />wages, methods of work and other matters which have been approved for National Recov-
<br />ery Highway. Projects in Indiana. Before bids shall beinvited on any such contracts,
<br />complete plans, specifications, and forms of invitation, advertisement, proposal and
<br />contract therefor shell have been completed by the Railroad Company and approved by
<br />the City end the State and submitted by the State to the district engineer of the
<br />U. S. Bureau of Public Roads and by him formally recommended for approval. For each
<br />such, contract the railroad company shall then give notice by at least one publication
<br />in two newspapers of general circulation throughout the State of Indiana, and in two
<br />newspapers representing the parties casting the highest and next highest vote in the
<br />county of St. Joseph, Indiana, of general circulation in the county that on a date and
<br />hour and a place in Indiana to be named in the notice, sealed bids will be received
<br />by the railroad company fbr the work described therein. Each such notice shall be
<br />published at least ten days before the date named therein. On the date named and at
<br />the time and place named in the notice such bids shall be publicly opened and read.
<br />The railroad company shall award such contract to the lowest and best bidder but shall
<br />not execute any contract or start work thereunder until such award shall have been
<br />approved by the State, and submitted by it to the district engine-er of tre U. S.
<br />Bureau of Public Roads and he has e one urre d in such award.
<br />Xl. The State shall initiate, handle end pay for all work described in Article
<br />IV, (c) 1V (d) , and V, except as herein otherwise provided. Plans and specifications
<br />therefor shall be prepared by the State and approved by the Railroad Company and. the
<br />City as their reppective interests may appear, before contracts are let or work start-
<br />ed th ere on.
<br />fill. The Railroad. Company shall keep complete records of the cost of all
<br />montract work done, in the prosecution of the portions of the work to be performed
<br />by it and shall render monthly statements of disbursements on account of such work
<br />to the State, together with bills for its proper proportion thereof, which shall be
<br />paid within sixty days, provided however that fifty percent of the cost of steel work
<br />shall be chargeable to the State when it is delivered to the site of the work and the
<br />balance when it is incorporated in the work. Each party to this agreement shall sub-
<br />mit to the other parties on request, such information as they may require concerning
<br />tre cost and other details of the work.
<br />Xlll. The parties hereto agree that in making or entering into any contract
<br />with a ny contractor or contractors covering ^ny portions of the work herein contemplat-
<br />ed, such contract Mall provide that such contractor or contractors shall furnish a
<br />bond conditioned, to secure the faithful performance of such contract, and for the
<br />payment of all lawful claims of sub -contractors, material men and laborers for labor
<br />performed and nwterial furnished or other services rendered in the carrying forward
<br />performing and completing of said contract (said bond to be for the benefit of any
<br />material mean or laborer having a just claim ageinst such contractor or sub -contractor),
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