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ST8807-CS 870911September 11, 1987 Mr. Ervin Armbruster Uvalde Construction Co. 2645 Irving Blvd. Dallas, Texas 75207 Re: Royal Lane, I.H. 635 to Bethel Road Agreement with Explorer Pipeline to Construct the Project 16" Water Line in Advance of the Relocation of Their Facility J86344.04 Dear Mr. Armbruster: We have received your revised agreement with Explorer and suggest the following changes: 1. Paragraph 3 shall be amended to read that Uvalde Construction Company shall bear this expense only if the 16" water line is not built in accordance with the approved plans or if damages are caused by the negligence of Uvalde Construction Company. 2. Delete the signature blocks shown on your revised document for the owner and engineer. Ail through our contract it is noted that the Owner and Engineer are to be indemnified and held harmless from all claims during your operations around the Explorer Pipeline (Addendum 2, Item 2). It would be inappropriate for the Owner and the Engineer to be a part of an agreement between Explorer and Uvalde Construction Company. This revision, if accepted by you and Explorer, will allow the construction of the 16" water line under the existing 12" Explorer pipeline prior to its relocation. Uvalde could construct the 16" water line immediately instead of in sections (see sequence of construction) from I.H. 635 to Bethel. Per Section 4.3.12 of the General Conditions of the Construction Contract, please uncover the Explorer Pipeline and report its elevation so we can assure that our construction is in compliance with paragraph Mr. Ervin Armbruster September 11, 1987 Page 2 4. We believe that we are currently in compliance. If not, we can authorize a quick revision. If acceptable to Explorer Pipeline Co., please forward this revised agreement at the earliest. Please do not hesitate to call if we can be of service. Sincerely, clyde'S. Sifford, P.E. Director, Civil Engineering CLS/np atth cc: Steve Morton, City of Coppell Barry Knight, Winstead McGuire