HomeMy WebLinkAboutRatfying & Confirming Agreement between New York Central Railroad Company and Board of Public WorksORDINANCE No. �J0��.
Passed by the Common Council of the City of South Bend, Indiana,
Attest:
Clerk.
Attest: vii '—r President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
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Approved and signed by
D I9
City Clerk
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ORDINANCE NO.
BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana.
SECTION lo-That the contract between the New York.Central Rail-
road Company and the Municipal City of South Bend, Indiana, by
and through its Board of Public Works, which contract is dated
April 9th, 1934, and which contract relates to the separation of
grades at the crossing of the main line of said Railroad Company
and western Avenue and Walnut Street in said City, be and the
same is hereby in all,things ratified, confirmed and approved:
SECTION 21_ Aid be it iurther ordained that a contract referred
to in said contract of April 9th, 1934, as a contract between
said Railroad Company and,said City of South Bend and the said
State Highway Commission ofI{ndiana, be ratified, confirmed and
approved in the form and wox�di-and figures of the contract at-
tached to the said contract of April 9th, 1934, and the Board of
Public Works,for and on behalf of the said City of South Bend,
is hereby authorized, ordered and directed to enter into the said
contract between said Railroad Company, said State Highway Com-
mission and said City of South Bend, as in said contract set out.
SEC And be it further ordained by the Cowmic 1
that Ordinance 85k, enacted on the 23 of April,
1930, and Ordinance Number n the 12th day of
January, 1931, both of.whi rd n eb being repeal=
ed., ere Vdinanc c related totthe grade separ the
crssin a main lirle of said Railroad Company with Western
and Walnut Street.
SECTION This Ordinance
from and after its passage.
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shall be in full force and
Dated this _LOA day of April, 1934.
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THIS AGREEMENT, made and entered into thi.s 18th., day of
April, 1934, by and between the State of Indiana,
by the Chairman of the State highway Commission of Indiana, as
Party of the First Part, hereinafter sometimes called the "State ",
and the New York Central Railroad Company, as Party of the Second
Part, hereinafter sometimes called the "Railroad Company ", and the
City of South Bend, a municipal corporation, by and through its
Board of Public Works, as Party of the Third Part, hereinafter some-
times called the "City ", WITNESSETH:
WHEREAS, on the 11th., day of April, 1930, the Railroad
Company and the City entered into an agreement providing among other
things for the separation of grades at the crossing of the main line
of the railroad company with Division Street (now known as Western
Avenue) and Walnut Street in South Bend, by raising the grade of the
railroad, by depressing Division Street and depressing and relocating
Walnut Street and by constructing a new railroad bridge to carry
the railroad over said Division Street and Walnut Street, and
WHEREAS, pursuant to said agreement the Railroad Company
prepared plinrs for the said proposed railroad bridle and received
competitive bids for and purchased the fabricated st-uctural steel
for said bridge, and
AREAS, pursuant to said agreement the City prepared certain
Plena and acquired certain rights of way for the improvement of
Division Street and Walnut Street, and
WHEREAS, because of financial conditions beyon$ the con-
trol of the parties hereto* said Railroad Company and City have
been unable to secure funds with which to completely carry out the
terms of said agreement of April 11, 1930, with respect to said
crossing, and
", REAS, said Division Street, now known as Western Avenue,
at the point where it crosses said railroad is a part of the route
of State Road No.2, and on the reasonable and proper extension of
Indiana Federal Aid Route No.13 thru South Bend, and
WHEREAS, under the terms of the National Industrial
Recovery Act of June 16, 1933 and the Rules and Regulations appzvved
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thereunder by the Special Board for Public Works, Certain funds are
available to the State under certain conditions for the improvement
of extensions of the Federal Aid Highway system into and through
municipalities, and
WHEREAS, under Sec.29 of Chapter 18 of the Ao$s of 1933
General Assembly of the State of Indiana entitled: "An Act Creating
a State Highway Commission, etc. ", the State Highway Commission is
authorized "to cooperate with the United States Government under any
federal law in any manner necessary to secure for the State bf
Indiana the proportion of any federal appropriation which may be
made in the future", and
WHEREAS, the State desires to construct said railroad
bridge, street approaches, and the drainage thereof with National
i IFund
Recovery Nighwes and has submitted this project as a part of
its program of ational Recovery Municipal Projects under said
National Industrial Recovery Act of June 16, 1933, now
Therefore, in consideration of the mutual provisions con-
tained herein, the parties hereto for the purpose of separating
grades at the said crossing of the main line of the New York Central
Railroad with 'Western Avenue and Walnut Street, in South Bend, here-
by agree with each other as follows:
1. The State agrees to submit to the proper Federal
Apthorities all necessary project statements, plans, specifications
and other papers and to diligently endeavour to obtain all necessary
Federal approval thereon, for the construction of this grade separa-
Y-00-tion with N tional Recovery Highway Funds. all9cated tq the State.
The Railroad Company and the City agree to cooperate with and assist
the State in every reasonable way to accomplish these things.
11. In the even that all necessary Federal approvals are
secured within one year from the date hereof then the parties agree
that the said grade separation shall be constructed as hereinafter
set out, but in the event that such approvals are not secured within
one year, then this agreement shall be of no force and effect. If
and when this agreement becomes fully operative and effective it
shall supersede and replace or modify all portions of the afore-
mentioned agreement of April 11, 1930 with which it is in conflict,
but only to the extent of such conflict.
111. The work shall be subject to all Federal laws, rules,
regulations, orders and approvals applying to it as a National
Recovery Municipal Project.
1V. The work included in and covered by this agreement
shall concist of and include,
(a) Raising the track of the railroad company at the
center line of Western Avenue by approximately
4.96 feet, and all work incidental thereto
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including any necessary raise in the tracks of the
New Jersey, Indiana and Illinois Railroad Company,
and of the New York Central Railroad Company's
connecting track to the Michigan Central Railroad.
(b) Constructing a five track bridge to carry the rail-
road over Western Avenue and Walnut Street.
(e) Widening and reconstructing Western Avenue from
Kosciusko Street to Maple Street and raising Western
Avenue it its crossing of the New Jersey, Indiana
and Illinois Railroad and of the New York Central
Railroad company's connecting track to the Michigan
Central Railroad and depressing said western Avenue
to pass under the proposed railroad bridge with a
*inimim vertical clearane of 14 feet, including
paving,curbs, retaining walls, sidewalks, stair-
ways, hand rails, sewers, drains, and all work
incidental thereto.
(d) Relocating and depressing Walnut Street and recon-
structing same from the second alley south of
Western Avenue to the second alley north of Western
Avenue and all work incidental thereto.
V. The State shall pay the entire contract cost of the
railroad bridge, including the actual contract cost of steel work
heretofore purchased, the contract cost of the temporary structures
and falsework involved therein, the entire construction cost of
reconstructing Western Avenue from Kosciusko Street to Maple Street
and of reconstructing Walnut Street from the second alley south of
Western Avenue to the second alley north of Western Avenue including
street end alley connections, such cost to include cost of pavement,
curbs, sidewalks, retaining walls, hand rails, stairways, drain-
age, and of incidental itmes involved therein, including changes in
sewers directly made necessary by such construction and the purhease
cost of filling material and ballast required to raise the railroad,
aueh material to be delivered on cars at some reasonable point on
the lines of the Rgilroad Company.
P1. The Railroad Company shall pay all the cost of trans -
porting over lines operated by it, including demurrage and storage'
and all the cost of placing filling material end ballast to #aise
its tracks, all the cost of temporary and permanent changes in the
tracks, switches, wires, signals, crossings and other appurtenances,
buildings or porperty of the railroad company except as specifically
set out in Article V hereof.
Vll. The Uity shall, without cost to the other parties,
arrange for all the right of way, easements and property rights
required for the proposed reconstruction of Western Avenue and the
relocation and reconstruction of 'Walnut Street provided for herein
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and except as herein otherwise provided shall also, without cost to
the other parties rereto, arrange for any necessary changes in or
adjustment of publicly or privately owned utilities or other
property required for or made necessary by the proposed changes in
said streets.
V111. The pity agrees without cost to the State, to arrange
for the reconstruction of Arnold Street, f or the vacation of Cherry
Street, and for any reconstruction and /or vacation of any other
streets* alleys or other public property made necessary by the change
in grade of the railroad and /or the change in grade or location of
Western Avenue and Walnut Street. The City also agrees, without
Cost to the other parties hereto, to install or arrange for the
installation, maintenance, and operation of proper and adequate
automatfe traffic control lights to protect traffic on Western Avenue
and Walnut Streets it their intersection, such lights to be so
located, as not to eneroseh upon or reduce the traffic clearances of
the streets br underpass.
1X. Each of the parties gereto shall pay all the cost of
inspection, engineering, supervision, accounting, adminis traction.
watching, paving, track work, changes in wires, signals and other
appurtenances and of incidental items incurred by each respectively,
except that the State shall pay to the Railroad Company the sum of
seven thousand ($7,000.00) dollars as a partial reimbursement for
the cost of inspection, engineering, track work and changes in wires
and signals upon submission of itemized statements of such disburse-
ments aggregating a sum equal to or greater than $9,000.00.
X. The Railroad Company shall initiate, handle and in the
first instance pay for the raising of its tracks, the construction
of the railroad bridge, the excavation incidental theretoip the water -
proofilag of said bridge and for the track work involved therein,
including construction and removal of any necessary crossovers, and
detour or construction track, temporary beidges and /or track supports,
and all other work described in Article 1V (a) hereof. All work to
be charged to the State hereunder shall be let by contract to a con-
tractor or contractors who has adequate equipment, organization, and
finances for the work and who has previously constructed railroad
bridge, subway or track elevation work of equal or larger size involv-
ing the maintenance of main line railroad traffic during such con -
construction. The specifications for all such contracts shall include
the standard special provisions relating to hours, wages, methods of
work and other matters which hale been approved for national Recovery
Highway Projects in Indiana. BAforee bids shall be invited on any
such contracts, complete plans,' specifications, and forms of invita-
tion, advertisement, proposal and contract therefor shall have been
completed by the railroad company and approved by the City and the
State and submitted by the State to the district engineer of the
U. S. Bureau of Public Roads end by him formally recommended for
approval. For each such contract the railroad company shall then
give notice by at least one publication in two newspapers of general
circulation throughout the State of Indiana, and in two newspapers
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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.
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XlV. Sach of the parties hereto agree to cooperate with
the others in every reasonable way for the prompt and safe execution
of the work and to proceed with the portion of the work to be done
by them as soon as practicable after necessary Federal approvals are
secured and to complete all work in accordance with the terms of
this agreement as soon as practicable,
%T. The pity agrees to pay any and all damages that may
accrue to property owners and occasioned by said improvement and to
hold the State of Indiana and the State Highway Commission of Indiana,
free and harmless therefrom.
XVl. After the construction of such grade separation as
herein provided for shall have been completed, the Railroad Company
shall at its own cost and expense maintain its roadway and track,
the structures supporting the some and the drainage thereof, and
the City shall without cost to the other parties hereto maintain
or arrange for the maintenance of' the streets, including the road-
ways and footwalks, the structures supporting the same and the
drainage thereof, and of saiditary sewers affected by the construc-
tion.
Ml. The City agree and pledges its good faith to institute
and diligently prosecute all necessary and proper porceedings for the
opening and adequate improvement of Western Avenue from Michigan Street
to Lincoln Way East,
This agreement shall be binding upon the legal representa-
tives and assigns of the respective parties hereto.
THE NEW YORK CENTRAL RAILROAD 00
BY T. W. EVANS, VICE- PRESID
Party of the Second Park/
ATTEST:
E. F. STEPHENSON, SECIFTAR
CITY OF SOUTH BEND
BY DICK JOHNSON Cce'aQs)
ANTON ZMUDZINSKI /J
RALPH H. KUSS
BOARD OF PUBLIC TORKS
PARTY OF THE THIRD PART
THE STATE OF INDIANA
BY JAMES D. ADAMS
Chairman, State Highway Commission
Party of the First Part
APPROVED AS TO LEGALITY & FORM
PHILIP VUTZ JR.
Attorney General
State of Indiana.
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ACKNOWLEDGEMENT
STATE OF INDIANA)
)SS
COUNTY OF MARION)
Personally appeared before me, a notary public, in and for
said County, James D. Adsos, Chairman of the .'State
Highway Uommission of Indiana, and acknowledged the execution of the
above contract this 3rd., day of Nay, 1934.
Witness my hand and seal on the above named 'ast date.
Josephine Henry, Notary Public
My commission expires Dec 12, 1939.
ACKNOWLEDGE TNT
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
On tr,is 19th., day of Aril, 1934, appeared
before me a notary public, ineand for said county, T. W. Eirans,
being duly sworn by me, did bay that he is the Vice- President
of The New York Central Railroad Company, a corporation of the
States of 'law York, Pennsylvania, Ohio, Michigan and Indiana and
Illinois, and that the seal affixed to the foregoing contract is the
corporate seal of the said corporation and that said contract was
signed and sealed on behalf of said corporation by authority of its
Board of Directors, and that he acknowledged the same to be free
qct and deed of the said The New York Central Railroad Company.
Edwawd J. Molyneaux, Notary Public
My commission expires April fit; 1938.
Q:15
ACKNOWLEDGEMENT
STATE OF NEW YORK )
)SS
COUNTY OF NEW YORK)
On this 21 day of April, 1934, appeared before me, a notary
public, in and for said County, E. F. Stephenson, who being duly
sworn, did say that he is the 40cretary of The New York Central
Railroad Company, a corporation of the States of New York, Pennsylvania,
Ohio, Indiana, Illinois and Michigan, and that the seal affixed to the
foregoing contract is the corporate seal of the said corporation, and
that said contract was signed and sealed on behalf of said corporation
byauthority of its Board of Directors, and that he acknowledged the same
to be the free act and deed of the said The New York Central Railroad
Company.
B. H. Sheffer, Notary Public
l �vestchester County, N. V., certificate
filed in New York County, Clerks Noll
registers No.5 -S -26
My commission expiresMarch 30,1935.
STATE OF INDIANA
SS
COUNTY OF ST. JOSEPH)
Personally appeared before me, a notary public in and for
said County, Dick Johnson, Anton Zmudzinski, and Ralph H. Kass, members
of the Board of Public Works of the City of South Bend, Indiana, and
acknowledged the execution of the above contract this 18th., day of
April• 1934.
Witness my hand and
My Commission expires
January 9, 1938.
seal on the above last -)14date.
Hazel A. Turner, Notary Public
STATE OF INDIANA ) SS
ST. JOSEPH COUNTY)
I, Hazel A. Turner, Clerk of the Board of Public Works of
the City of South Bend, Indiana, hereby certify that the above and
foregoing is a true, exact and complete copy of AGREEMENT for
Garde Separation at Western Avenue and Walnut Streets as shown
in the records of this office under date of April 18th.9 1934.
Witness my hand and the seal of this office this 10th.,
day of May, 1934.
AZZ�'
C1e of the Board of Worms