Loading...
WA9302A-CS 970303 SHIMEK, JACOBS & FINKLEA, L.L.P. CONSULTING ENGINEERS 8333 Douglas Avenue, #820 Dallas, Texas 75225-5816 Fax (214) 361-0204 Phone (214) 361-7900 ROSS L. JACOBS, P.E. RONALD V. CONWAY, P.E. JOHN W. BIRKHOFF, P.E. JOE R. CARTER, P.E. March 3, 1997 GARY C. HENDRICKS, P.E. I. C. FINKLEA, P.E. Mr. Kenneth M. Griffin, P.E. City of Coppell Post Office Box 478 Coppell, Texas 75019 Re: Village Parkway Pump Station SCADA System Dear Mr. Griffin We are enclosing one copy each of letters from both North Texas Municipal Construction Company, Inc. (NTMCC) and TEAM Controls requesting approval for NTMCC to assign their subcontract with Team Controls to GE Motors and Industrial Systems Services Company (General Electric). We have reviewed the following sections General Provisions of the contact documents which we believe applies in this case: 1. Item 1.46. Subcontracts, generally establishes that among other requirements, each subcontract entered into shall provide that the provisions of this contract apply to each subcontract. 2. Item 1.46 Subcontracts, also states that both the contractor and subcontractor both agree to be bound by the provisions of the terms of the contract documents. 3. Item 1.47 Assignments, generally states the contact shall not be assigned, transferred or conveyed without written consent of the surety company and the owner. 4. Item 1.62 Successors and Assigns, includes that "the contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns". It is our opinion that this subcontract should be considered just as the prime contact and that written approval be obtained from the surety company prior to the City agreeing to NTMCC authorizing the assignment of the subcontract. Further, we recommend that the language contained in Item 1.62 of the General Provisions be included in the assignment document. Finally, you may want to have the City Attorney review this assignment document and the contact documents prior to providing written agreement of the assignment. We are available to discuss this project further at your convenience. Si~~.E' ~'~ C ndr E Enclosure J:\coppe|lX96156XconstXAssign,doc e~/e~/1997 11: B~ 21~-~68-~9~(~ NTMCCI P~GE North Texas Municipal Construction Company, Inc. · 5614 Dyer St. Dallas, Texas 75206 214/368-6880 FAX 214/368-4950 March 3, 1997 Shimek, J'acobs & FinkLea VIA FAX: 361-0204 8333 Douglas Avenue, Suite 820 Dallas, Texas 75225 Attention: Gary Hen&icks R,eference: Village P~kway ~p Station CoppeI1, Texas Dear Mf. Hendncks: Attac,hed piece find a co~ of ~e l~tter we received from Te~ Controls reg~di~ ~e~ new ownership. I need to ]~ow how ~ Ci~ of Coppoll feels about ~is, ~erefore, I have not yet executed their "Au~on~tion of ~si~t"- ~ have stitt not received ~e fiml ch~e order for t~s project. ~ she,d I expect it. ]:'lease call me upon receipt ellis le~- 2Mlch~l G-. lDaigre President 2MGD/vlc CONSTRUCTION · SALES · SERVICE ~3/~3/19~7 11:~3 21~-3G8-~5~ NTNCCI P~GE ~2 11359 Kline Dr. * Dallas, TX-75229 · 972-241-6051 · FAX 972-241-2895 NORTH TEXAS MUNICIP~ CONSTRUCTION CO. 56'14 Dyer Street Dallas, TX 75206 Fax: (972) 368-4950 Attention: Mike Daigre Reference: Coppell SCADA System.. Subcontract No. VLL-07 Request for Order Assignment TCI Letter # 0227GDM5 Dear Mike, We are pleased to inform you that TEAM CONTROLS is in the process of being acquired by GE MOTORS and INDUSTRIAL SYSTEMS SERVICES CO., a wholly owned subsidiary of GE MOTORS and INDUSTKIAL SYSTEMS, which is one of the twelve major businesses that make up the GEEPAL ELECTRIC COMPA_NY. It is expected that the acquisition closing date will be in March, 1997. In anticipation of the acquisition dosing ..date, .we are formally requesting your approval as required by contract, for the assignment of the referenced contract to TEAM CONTROLS new ownership, GE MOTORS and INDUST1LIAL SYSTEMS SERVICES CO. The attached "Authorization of Assignment" is proposed to allow us to comply with the retireneed contract terms regarding contract assignment. We are excited about the improved services and enhanced capabilities that we will be able to promote to our customers along with the backing and financial stability of a "World Class" company. This new road that we are taking will allow TEAM CONTROLS to become the "BEST IT CAN BE!". I will continue to lead this business and all the current personnel shall remain and continue to service your accounts. We recognize that our success and reputation in the industry has been based on serving the customers needs with highly qualified people in a value added cost effective manner, This will not change, 83/83/1997 11:83 214-368-4958 NTMCCI PAGE Please review, sign, date and return the attached Authorization of Assignment form for the referenced contract by March 5. We would ask .that you contact us immediately if this is not acceptable to you so that we may work out an acceptable agreement. We will notify you of the exact date of contract assignment upon closing. We sincerely appreciate and value our relationship with you and look forward to the continued strengthening of that relationship. Please feel free to call me if there are any questions or if I may be of further assistance. Thank you, TEAM CONTROLS, INC. : President, Team Controls, Inc. GDM/eab Attachment 83/83/1997 11:83 214-368-4958 NTMCCI P~GE 84 AUTHORIZATION OF ASSIGNMENT TO: TEAM CONTROLS, INC, 11359 KLINE DRIVE DALLAS, TX 75229 FAX NO: 972-241-2895 ATTENTION: GARY MCNIEL REFERENCE: COPPELL SCADA SYSTEM SUBCONTRACT NO. VLL-07 Gary, This shall serve as your authorization to allow the referenced contract to be assigned to TEAM CONTROLS' new ownership GE MOTORS and INDUSTRIAL SYSTEMS SERVICES CO, 'a wholly owned subsidiary of GE MOTORS, and INDUSTRIAL SYSTEMS, one of the 12 major business of the GENERAL ELECTRIC CO. This authorization is given this __ day of , 1997. By signature, I am confirming my authority to represent NORTH TEXAS MUNICIPAL CONSTRUCTION CO.' Signature: Printed Name: