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