DR9306-CS 931223 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
LAWRENCE W. JACKSON Attorneys & Counselors at Law JOHN g. ROEHM Ill
ROBERT L. DILLARD III 1800 Lincoln Plaza CHRISTINA A. MELTON
ROBERT E. HAGER
PETER G. SMITH 500 Nol'~ ~ ROBERT L. DILLARD, JR,
DAVID U. BERMAN Dallas, Texas 75201 H. LOUIS NICHOLS
BRUCE A. STOCKARD (214) 954-3333 OF COUNSEL
Fax (214) 954-3334 *~. C~ 3- (~ [~)
December 23, 1993
Mr. Ken Griffin
City Engineer
City of Coppell
P. O. Box 478
CoppeR, Texas 75019
Re: Design of Channel Improvements for Stream G-6, Tributary to Grapevine
Creek, Coppell, Texas
Dear Ken:
Pursuant to your request, the undersigned reviewed the proposed contract between
the City of Coppell, Texas and O'Brien Engineering regarding the design of channel
improvements for Stream G-6, tributary to Grapevine Creek, Coppell, Texas, and provide
the following comments.
Although the consultant's proposal for services when approved and executed by the
City will constitute a contract, we do recommend that the following provisions be added to
the proposal:
~ Neither this agreement nor any duties or obligations under it shall be
assignable by O'Brien Engineering without the prior written consent of the
City.
Subject to the provisions regarding assignment, this agreement shall be
.//binding on and enure to the benefit of the parties to it and their respective
heirs, executors, administrators, legal representatives, successors, and assigns.
If any action at law or in equity is brought to enforce or interpret the
v~provisions of this agreement, the prevailing party, shall be entitled to
reasonable attorney's fees in addition to any other remedy to which the party
may be entitled.
The validity of this agreement and any of its terms or provisions, as well as
~ the rights and duties of the parties shall be governed by the laws of the State
of Texas, and venue for any action concerning this agreement shall be in
Dallas County, Texas.
December 23, 1993
Page 2
./This agreement may be amended by the mutual agreement of the parties in a writing to be attached to this agreement.
In the event any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other
provisions, and the agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
Please contact O'Brien Engineering and request the above provisions be added to the
contract, or, if necessary, we are available to convert the consultant's proposal into a formal
contract.
Thank you for your attention in this matter. If you have any questions in this regard,
please don't hesitate to contact me.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
~er G. Smit~~
PGS/jd