Northlake 1nd Park-CS 890306NATHAN D. MAIFR
March 6, 1989
Mr. Lar~y Jackson
Sallinger, Nichols, Jackson,
and Dillard
1800 Lincoln Plaza
Dallas, TX 75201
Re:
Northlake Industrial Tract
NDM No-' 87-9'-101
Dear Mr. Jackson:
Please find enclosed a copy of the indemnification clause of the contract to be signed by our utility
contractor. Please review the clause and approve it, as it may relate to liability of our proposed 60'
storm sewer and 15" sanitary sewer bores under the St. Louis Southwestern Railroad. Currently, the
60" storm sewer easement is up for acceptance on the agenda of March 14th.
I would appreciate a quick response so as to allow us to make that agenda. A similar clause waS used
in the 8" water main bore for Creek~iew Estates.
Respectfully,
NATHAN O. MAIER
MJG/rdp
Enclosure
Three NorthPerk/S800 N. Central Expw¥./Sulte 300/Dellatt, Tex~e 7S231/(214) ?3~)'474!
regardless of whether or not it is caused in part by a party indemnified
hereunder or arises by or is imposed by Law and Regulations, regardless of the
negligence of any such party.
6.30.A CONTRACTOR also agrees to release, defend, and indemnify the City
of Coppell (CITY), Nathan D. Maier Consulting Engineers, Inc. (ENGINEER), the
Creekview Estates Limited Partnership and North Lake Belt Line Limited Part-
nership (PARTNERSHIP) from and against all liability, cost, and expense
(including, but not limited tp, attorney fees and costs and Judgements) for
loss or damage to any property and for injuries to or death of any persons
(including the property and employees of the parties hereto) caused wholly or
partially by
(a)
the construction, presence, maintenance, use, or removal of 15"
sanitary sewer main and 60" storm sewer main in the St. Louis and
Southwestern Railroad Company right-of-way;
(b) the unauthorized use of any patented devices on said structure; or
(c) breach of any provision of this contract by CONTRACTOR;
whether or not contributed by the maintenance or operation of St. Louis and
Southwestern Railroad Company's (LICENSOR) line of railroad or any omission,
actively or passively negligent or otherwise, of any employee of LICENSOR.
CONTRACTOR expressly assumes all risk of damage to said structure or appurte-
nances from any cause whatsoever.
The term "LICENSOR" as used in this section shall include the successors,
assigns, and affiliated companies of LICENSOR, and any other railroad company
operating upon LICENSOR'S tracks.
6.31. In any and all claims against OWNER or ENGINEER, or any of their
consultants, agents, or employees by any employee of CONTRACTOR, any Subcon-
tractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work, or anyone for whose acts any of
them may be liable, the indemnification obligation under paragraph 6.30 shall
not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR or any such Subcontrac-
tor or other person or organization under workers' or workmen's compensation
acts, disability benefit acts, or other employee benefit acts.
6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not
extend to the liability of ENGINEER, ENGINEER's consultants, agents, or
employees arising out of the preparation or approval of maps, drawings, opin-
ions, reports, surveys, Change Orders, designs, or specifications.
ARTICLE 7 OTHER WO~
Related Work at Site:
7.1. OWNER may perform other work related to the Preject at the site by
OWNER's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain Ceneral Conditions similar to
these. If the fact that such other work is to he performed was not noted in