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ST8201-CS 880928GINN, INC. CONSULTING ENGINEERS September 28, 198~8 Mr. Russe.~D~e, P.E. City Eng~heer City of/Coppel 1 P.O. ~x 478 Coppell, Texas 75019 Re: Denton Tap Road Improvements from Belt Line Road to Sandy Lake Road, Coppell, Texas. Dear Mr. Doyle: I am writing this letter in response to the attached Rapid Letter dated 9-26-88, concerning the proposed agreement between the city of Coppell and Conoco, Inc. After review of the letter from Mr. Jackson and the-proposed agreement I contacted Mr. Jackson by telephone this morning. Mr. Jackson and myself were able to come to agreement regarding the best course of action to be pursued by the City under the circumstances. Therefore no meeting, will be required. In the matter of the third paragraph of Mr. Jackson's letter, dealing with paragraphs 1 through 9 of the proposed agreement, references to movement of equipment pertain only to the work governed by this agreement, which pertains only to the Denton Tap Road Improvements from Belt Line Road to Sandy Lake Road, and Conoco's work referenced therein. In consideration of the above, Mr. Jackson and I agree that paragraphs 1 through 9 do not pose any serious problems to the City of Coppell. Paragraphs 10, 11, and 12 of the proposed agreement don't pose any indemnification problems which have not been addressed in the General Conditions of Agreement of the Contract between the City of Coppell and L. H. Lacy Co. Paragraph 13 of the proposed agreement contains Conoco's required insurance coverages which are less than those in effect for L. H. Lacy Co. under their Contract with the City of Coppell. This paragraph doesn't pose any problems for the city of Coppell. As discussed with Mr. Jackson this morning, paragraph 14 does favor Conoco in that it holds them harmless from all damages to Denton Tap Road and its water lines and storm drains. However, you must consider that the road surface and storm drainage that currently exists will be replaced under the Denton Tap Road Improvements, and that City personnel will be onsite to prevent Conoco's Contractor from damaging the existing 8" water line. Additionally any necessary repairs to the water line can be effected immediately by the city's contractor if necessary. In 17103 Preston R~.~ad · Suite 100 ® LB 118 · Dallas. Texas 75248 · Phone 214,248-4900 summary the risks in this matter do not match the reward. The reward being the fact that Conoco is going to rehabilitate their facilities and render them in such a fashion that repairs or replacement of their pipe in the future will not require removal of pavement; and danger from blowout or ruptures caused by excavations will be minimized. Please consider the fact that at the present time the City of Coppell has no R.O.W. or easement within the Railroad R.O.W. in which to improve Denton Tap Road. The point being that Conoco, being in their own easement does have the right to dictate whatever terms they deem necessary in this matter, but they have been flexible with us to date. They have also told me that they are not interested in giving any further concessions in this matter. I hope that this information serves your needs in this matter. Please call me if you have further questions. Sincerely, John C. Karlsruher, P.E. enclosures cc: H. Wayne Ginn, P.E. Lawrence W. Jackson David M. Snyder, P.E., L.H. Lacy Co. J378 (rdconoco) '- SUBJECT REPLY DATE -I . ,'~/' /~ f , / I/ SIGNED