1974-08-28 Special Meeting - Laserfiche WebLink

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• of such overpass bridge is shown in two drawings prepared by Turner, Collie & Braden, Inc., Consulting Engineers, labelled "Design Speed: 40 m.p.h. -- 1677-010 - Spencer Highway Grade Separation Over S.P.R.R. Track - TURNER, COLLIE & BRADEN, INC. CONSULTING ENGINEERS". Each such drawing is dated June 4, 1974 and one drawing is numbered "P.C.-9" and the other is numbered "P.C.- 10". Copies of such drawings are attached to this Stipulation of Settlement and incorporated herein for all purposes. Plans and specifications for the construction of such overpass bridge will be prepared by Turner, Collie & Braden, Inc. under an engineering contract with the City of La Porte and shall encompass the construction design of such bridge in accordance with the • attached drawings. As soon as this Stipulation of Settlement has been filed and this Court has entered its judgment in accordance therewith, the Engineers will be instructed immediately to commence all work necessary to complete the final plans and specifications in order that a contract can be let for the construction of this bridge not later than one (1) year from the date of this Stipulation of Settlement, force majeure excepted. While the engineering contract will be a contract between the City and the Engineers, the plans and specifications are to be submitted to and approved by both City and Southern Pacific. Each party agrees that it will not unreasonably withhold any such approval and specially agrees, that in the event of difference upon any part of the design in the plans and specifications upon which the parties • cannot agree, the decision of the Engineers shall be final in resolving such difference. The parties recognize that the City has the duty and obligation to protect the safety of the public using the overpass bridge for travel and that Southern Pacific has the duty and obligation to protect the safety of personnel and passengers aboard its trains and the safety of its own equipment and the freight being transported by it. Accordingly, each party -2-