ST8807-CN 8709105400 Renaissance Tower
1201 Elm St.-et
Dallas, Texas 75270
Dt. xJ_~.s HOUgroN AUs~N
WINSTEAD
McGUIRE
SECHREST
&MINICK
A Professional Corporation
Attorneys & Counselors
September 10, 1987
(214) 742-1700
Telex 73-0051
Telecopier (214) 745-5390
Direct Dial:
745-5274
Mr. Alan D. Ratliff
City Manager
City of Coppell
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
Dear Alan:
Enclosed for your records is a fully executed copy of the
Conoco Pipeline Agreement. If you have any questions in this
regard, please feel free to call me.
BRK/clk
Enclosure
Very truly you~.S,,
,Barry ~. Knig~
152:D082787A.30
:, ... Conc O
Conoco Pipe Una Company
Southem Division
1909 Southwood Drive
Lake Charles, LA 70605
{318)
J~ne 3, 1987
Receipt #P-477 843 481
Mr. Clyde L. Stifford
DeShazo, Starek& Tar~, Inc.
330Union Station
Dallas, TX 75202
Dear Mr. Stifford:
We have reviewed your revised plans for the construction of Royal Iane and
associated water line and drainage lines across the ~onooo Pipe T.;ne
Company ("CPL"), formerly ~ontinental Pipe Line Company, operated Co~-Dor
Pipe T4ne Company ("Con-Dor") 6-inch high pressure petroleum products
pipeline. Additionally, we have reviewed c~L~_nts by Winstead, McGuire,
Sechrest & Minick, Attorneys and Counsellors, to our letter of January 30
and ha~e incorporated them accordingly. Conoco Pipe Line Cumpany will
permit construction across the pipeline upon the Developer, ODntractor and
City of Coppell agreeing to the following rec~,;~ements:
In order to comply with Department of Transportation Regulations by
which pipeline operations are governed, modifications to the line
will be made by CPL. The proposed construction will require instal-
lation of heavy-wall concrete coated pipe to provide protection
during road construction, drainage line installation and water line
installation. Additionally, the concrete coating affords protection
frc~ beth static and dynamic loadings of the new roadway as well as
protection during future maintenance of the new facilities. The
cost of these modifications, estimated to be $28,000 as shown in
Exhibit I, will be borne solely by the Developer. CPL will manage
all work performed on the pipeline.
No engineering works, private or industrial dwellings, deep rootec3_
plants, fences, other similar permanent structures will be allowed
over any portion of the pipeline.
Concrete coated pipe will be installed under the road crossing, in
acoordance with ANSI B31.4, "Liquid Petroleum Transportation Piping
Systems," API RP 1102, ,'Rec,,merged Practices for Liquid Petroleum
Pipelines Crossing Railroads and Highways," and Department of
Transportation, Part 195 regulation 195.256. Concrete coated pipe
Mr. Clyde L. Stiffor~
'June 3, 1987
Page2
®
e
e
Se
10.
11.
must extend the entire width of the pavement and a mini~ of 25
feet beyond the newly cc~-tructmd facilities.
At any point along the pipeline where the existing grade profile
will be lowered by the removal of earth, the (k~-Dor line must be
lc~ered to a depth which provides a minimum cover of 36 inches after
final grading.
All utilities which cross the Oon-Dor pipeline must pass ur~erneath
by a minimum of 12 inches. Any utilities which parallel the pipe-
line will maintain a minimum separation distance of 15 feet frc~ the
utilities outside wall to the outside of the ConDor line.
~he Con-Dor line shall be exposed 20 feet during each bering under-
neath the railroad and/or pipeline. ~he bore~ shall be initiated on
the north side of the railroad (opposite the (k~-Dor line). ~
quate shoring and barricading shall be maintained in acoordance with
Developer will allow no material or equipment to be used in the con-
struction which would hinder or impair Oo~-Dor's ability to safely
Con-Dor retains the right to ad_~quately mark its pipeline with
permanent llne markers to insure public safety and the future safe
operation of the line and to meet D~par~ent of Transportation
Regulation.
CPL's District Office in Lake (~arles, Imuisiana, must be provided
with final construction drawings for all work whic~ will affect the
Con-Dor pipeline, including a present plat and a profile (along the
pipeline centerline) showing any grade work to be done. ~ne profile
should show the vertical distanoe between tb~ Oon-Dor line and any
Before prooeeding with any pipeline construction to aco~lt~date
Developer's request, ConDor will require that 100 percent of the
cash equivalent of the cost estimate be paid prior to construction.
Approximately 60 days will be required for completion of pipeline
modifications after receipt of the cash advance. The Developer will
be charged actual oosts for construction, whether higher or lower
than the estimated costs. ~cual costs will include all construc-
tion oosts, overhead and lost revenue due to downtime. All ~
struction work which is required shall be performed by one of
Con-Dor's contractors. Oon-Dor reserves the right to have an
inspector on the job at all times to oversee all construction on or
near the pipeline.
Con-Dor requires a m/nimum of 48 hours notice prior to any exca-
vation, construction, or movement of equipment across its right of
way so that its line can be staked to minimize the possibility of
.Mr. Clyde L. Stifford
Ju~e 3, 1987
Page 3
12.
13.
14.
15.
16.
aocidental damage. Additionally, ~on-Dor personnel must be on site
during exposure of the pipeline and during any work around the
Developer shall ir~emnify and hold Oon-Dor harmless frc~ and against
any and all claims for injuries to person or persons or for damages
to property arising ~cly or im4~rectly fru~ the negligent
performance of work by Developer or those under cc~tract to Develop-
er with/n twenty-five (25) feet of the centerline of the Oon-Dor
~he Oontractor shall indemnify and hold Con-Dor harmless from and
against any and all claims for injuries to person or persons or for
~mages to property arising d~ectly or indirectly from the negli-
gent performance of work within twenty-five (25) feet of the
oenterl/ne of the ConDor pipeline by the Contractor or its sub-
The City of Coppell shall indemnify and hold Oon-Dor harmless f~
and against any and all claims for injuries to person or persons or
for damages to property arising d~ectly or ~y fk-c~ the
negligent performance of future work by the City of Coppell, it's
terms of this agreement.
(kn-Dor shall ind~-,~fy and hold Developer and the City of Coppell
harmless fz-om and against any and all claims for injuries to person
or persons or for d~mages to property arising directly or ~y
from the negligent performance of the work by ConDor, it's em-
terms of this ~.
(k~-Dor shall be named as additional insured without any qualifica-
tions or restrictions by the (k~tractor performing work near the
Oon-Dor pipeline. Oontractor shall maintain in effect during work
near the Con-Dor 1/ne the following /nsuranoe ooverages:
Public liability insurance covering all work to be lm_rformed near
the pipeline, with bodily injury limits of. not less than $100,000 as
to any one person and $300,000 as to any c~e aocident and with
property damage limits of not less than $100,000 for each accident.
Such insurance shall include coverage for all liability assumed by
Contractor working near the pipeline under contract with the Devel-
oper with limits of liability not less than those set out above.
It shall be Developers obligation to see that each and every con-
tractor and subcontractor employed by it carries ar~ pays for the
same ki~s and amounts of insurance as are required of the Con-
tractor.
Mr. Clyde L. Stifford
· June 3, 1987
Page4
A certified copy of all insuranoe policies requested shall be
received at the CPL offioe in ?mke (~arles with Cc~-Dor Pipe Line
Cumpany named as the certificate holder prior to the ~encement of
To initiate work on the pipeline modifications to aoo~modate the propoeed
cc~stmaction, please have a copy of tb~-~ letter executed by an officer of
the Developer, the Oontractor and the City of Cuppell a~ return to me
along with final oonstruction drawings and a check in the amount of tb~
Should you have any questions, please call me at (318) 491-5851.
S~y, .
Neil P. Stockholm
District Engineer
ss/o8. s
T.E. Souls
J.-T. Rau
M. M. Taylor
S. W. Rudolph
J. J. Jones
~ A1 an D. Ratliff /
j'
Title City Manager
City of Coppell
iqdcl~e~mP. O. Box 478 75019
6-26-87
EXHIB1T I
Construction Materials
Construction Co.ex-act
$ 4.700
14.300
3.900
5.100
TOTAL $28.000