Ratfying & Confirming Agreement between New York Central Railroad Company and Board of Public Works

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-5- representing the ppaarties casting the highest and next highest vote in the county of `yt. Joseph, Indiana, of general circulation in the county that on a date and hour and a place in Indiana to be named in the notice, sealed bids will be received by the railroad company for the work described therein. Each such notice shall beppublished at least ten days before the date named therein. On the date and at the time and place named in the notice such bids shall be publicly opened and read. The Railroad Company ehall award such contract to the lowest and best bidder but shall not execute any contract or start work thereunder until such award shall have been approved by the State, and submitted by it to the district engineer of the U. S. Bureau of Public Roads and he has concurred in such award. %1. The State shall initiate, handle and pay for all work described in Article 1V (c), 1V (d) and V, except as herein other - wise provided. Plans and specifications therefor shall be prepared by the State and approved by the Railroad Company and the City as their repsective interests may appear, before contracts are let or work started thereon. Xll. The Railroad Company shall keep complete records of the cost of all contract work done, in the prosecution of the por tions of the work to be performed by it and shall render monthly statements of disbursements on account of such work to the State, together with bills for its proper proportion thereof, which shall be paid within sixty days, provided however that fifty percent of the cost of steel work shall be chargeable to the State when it is delivered to the site of the work and the balance when it is incorporated in the work. Each party to this agreement shall submit to theother parties on request, such information as they may require concerning the cost and other details of the work. Xlll. The parties hereto agree that in making or entering into any contract with any contractor or contractors covering any portions of the work herein contemplated, such contract shall provide that such contractor or contractors shall furnish a bond conditioned, to secure the faithful performance of such contract, and for the payment of all lawful ealims of sub - contractors, material men and laborers for labor performed and material furnished, or other services render- ed in the carrying forward, performing and completing of siad con- tract (said bond to be for the benefit of any material men or laborer having a just claim against such contractor or sub - contractor), and to indemnify and save harmless the Egiiroad Company, its tenants and licensees, the City and the State, and the officers, agents and employes thereof, from all loss, cost, expense, suits, claims or demands of any character that may arise from or grow out of the per- formance of such contract on account of injuries to person,or damage to property, or for any infringement of patents, trademarks or copy - Eights, end all claims arising or amounts recovered under the Workmen's ompensation law or under any other laws, by -laws, orders, ordinances, or decrees. And it is further agreed that such contractor or contractors, sub - contractors or sub - contractor, shall furnish certificates of issuance of public liability and Workmen's Compensation insurance for the protection of the Railroad Company, its tenants and licensees* the City and the State and the officers, agents, and employes thereof. Said bond, certificates of issuance of public liability and Workmen's Compensation insurance shall be in form, companies and. amounts satis- factory to the State, the Railroad Company and the City. Said bond shall be in the principal sum of not less than one and one -half (1 *) times the amount of said contract price.