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ST8807-CS 870603Conoco Pipe line Company Southern Division 1909 Southwood Drive Lake Charles, LA 70~05 {318) 491-58~ June 3, 1987 Receipt #P-477 843 481 Mr. Clyde L. Stifford DeShazo, Starek&Tang, Inc. 330Union Station Dallas, TX 75202 Dear Mr. Stifford: We have reviewed your revised plans for the construction of Royal Lane and associated water line and drainage lines across the Conooo Pipe T.~ne Company ("CPL"), formerly Continental Pipe Line Company, operated Con-Dor Pipe Line Company ("Con-Dor") 6-inch high pressure petroleum products pipeline. Additionally, we have reviewed comments by Winstead, Mc~re, Sechrest & Minick, Attorneys and Counsellors, to our letter of Jar~mry 30 and ha~e incorporated them accordingly. Conoco Pipe Line Company will permit construction across the pipeline upon the Developer, Contractor and City of Coppell agreeing to the follc~ing requirements: 1. In order to comply with Department of Transportation Regulations by which pipeline operations are governed, modifications to the line will be made by CPL. ~ne 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 core-rate coating affords protection from both static and dynamic loadings of the new roadway as well as protection during future maintenance of the new facilities. The cost of these modifications, estimat~__ to be $28,000 as shown in Exh/bit I, will be borne solely by the Developer. CPL will manage all work performed on the pipeline. 2. No engineering works, private or industrial dwellings, deep rooted plants, fences, other similar permanent structures will be allowed over any portion of the pipeline. 3. Concrete coated pipe will be installed under the road crossing, in accordance with ANSI B31.4, ,,Liquid Petroleum Transportation Piping Systems," API RP 1102, ,q~ec~ded Practices for Liquid Petroleum Pipelines Crossing Railroads and Highways," and Department of ~rtation, Part 195 rec3ulation 195.256. Concrete coati--d_ pipe Mr. Clyde L. Stifford · Jur~ 3, 1987 Page 2 e Se Se e e 10. 11. must extend the entire width of the pav~nent and a minimum of 25 feet beyond the newly constructed facilities. At any point along the pipeline where the existing grade profile will be lowered by the removal of earth, the Con-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 underneath by a ~ of 12 inches. Any utilities which parallel the pipe- line will maintain a minimum separation distanoe 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. The bore sb~]l be initiated on the north side of the railroad (opposite the Con-Dor line). quate shoring and barricading shall be maintained in accordance with Developer will allow no material or equila~ent to be used in the con- struction which would hir~er or impair Con-Dor's ability to safely maintain and operate its lines. COn-DOr retains the right to adequately mark its pipeline -with permanent line markers to insttre public safety and the future safe operation of the line and to meet Department of Transportation Requlation. CPL's District Office in Take Charles, Louisiana, must be provided with final construction drawings for all work which will affect the Con-Dor pipeline, including a present plat and a profile (along the pipeline centerline) showing any grade work to be done. The profile should show the vertical distance between the COn-Dor line and any proposed grading. Before proceeding with any pipeline construction to aoc~odate Developer's request, Con-Dor will re~ire 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 ac~al oosts for construction, whether higher or lower than the estimated costs. Actual costs will include all constxuc- tion costs, overhead and lost revenue due to downtime. All con- struction work which is rec~Hred shall be performed by one of Con-Dor's contractors. Con-Dor reserves the right to have an in~r on the jcl0 at all times to oversee all construction on or near the pipeline. Con-Dor requires a minimum 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 June 3, 1987 Page 3 12. 13. 15. 16. aocidental damage. Additionally, Con-Dor persc~z~l ~ be on site during exposure of the pipeline and during any work around the exp~ l~o Developer shall indemu~ify and hold Con-Dor b~rmless from and against any and all claims for injuries to person or persons or for damages to property arising directly or ir~rectly frc~ the negligent performance of work by Developer or those under oontract to Develop- er within twenty-five (25) feet of the centerline of the Oon-Dor pipeline. ~ne Contractor shall indemnify and hold Con-Dor harmless from ar~ against any and all claims for injuries to person or persons or for damages to property arising directly or ir~rectly f~-~u the negli- gent performance of work within twenty-five (25) feet of the centerline of the Con-Dor pipeline by the Contractor or its sub- ~ne City of Coppell shall indemnify and hold Con-Dor harmless fz~u and against any and all claims for injuries to person or persons or for damages to property arising directly or ~y f~-c~l the negligent performance of futur~ work by the City of Coppell, it's employees, contractors, subcontractors, ar~ agents pursuant to the terms of this agreement. ConDor shall ind~l~fy and hold Developer and the City of Coppell harmless fr~m and against any and all claims for injuries to person or persons or for damages to property arising directly or ~y f~-c~, the negligent performance of the work by Con-Dor, it's e~- ployees, contractors, suboontz-actors and agents pursuant to the terms of this Agreement. Con-Dor shall be named as additional insured without any q~a] ifica- tions or restrictions by the Contractor performing work near the Con-Dor pipeline. Contractor shall maintain in effect during w~rk near the Con-Dor line the foll~ing insurance coverages: Public liability insurance covering all work to be xm~foxumd neur the pipeline, with bodily injury limits of-not less than $100,000 as to any one person and $300,000 as to any one acoident ar~ with property damage limits of not less than $100,000 for each aocident. 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 and pays for the same kinds and amounts of in~/rance as are requ~d of the CoD- tractor. Mr. Clyde L. Stifford June 3, 1987 Page 4 A certified copy of all insurance policies requested shall be received at the CPL office in Lake Charles with Oc~-Dor Pipe Line CUmpany named as the certificate holder prior to the o~mLenoement of work. To initiate work on the pipeline modifications to aoco~L~date the proposed construction, please have a copy of this letter executed by an officer of the Developer, the Contractor and the City of CUppell ar~ return to me along with final construction dra~ and a check in the amount of the Should you have any questions, please call me at (318) 491-5851. Neil P. ~~ v L' District Engineer Enclosures: Revised Drmw~ T. E. So~ls J.-T. Rau M. M. Taylor S. W. Rudolph J. J. Jones