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Conoco-CS 881017October 17, 1988 MEMORANDUM TO: VIA: FROM: RE: Alan Ratliff, City Manager Russell R. Doyle~.E., City Engineer Shohre Daneshmand, Civil Engineer ~ Conoco Pipeline Agreement - Denton Tap Road Improvements Attached please find correspondence from Mr. Larry Jackson, City Attorney, and Mr. John Karlsruher, Ginn, Inc., Project Manager in charge of Denton Tap Road Improvements, dated September 22, 1988 and September 28, 1988 respectively. Please note the anticipated cost reflecting said crossing has been appropriated as part of the construction contract awarded by the City Council on April 26, 1988. (See attached verification letter from Mr. Trando, dated September 26, 1988). We respectfully request that this item be placed on the October 25, 1988, City Council agenda for discussion and consideration by the City Council. Staff recommends approval of this agreement to minimize any possible delay that may occur on the Denton Tap Road Improvements project. Mr. Karlsruher will be present at said Council meeting to address any questions. SD/RRD/lsg xc: Frank Trando, Deputy City Manager Larry Jackson, City Attorney John Karlsruher, Ginn, Inc. Wayne Ginn, P.E., Ginn, Inc. CONOCOCC. GINN, INC. September 28, 1988 Mr. Russ~el~ Doyle, P.E. City Eng~heer City o f//Coppel 1 P.O. ~x 478 Coppell, Texas 75019 CONSULTING ENGINEERS 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 meetin~ 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 Road · Suite 100 · LB II8 · 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) SALLINGER. NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner. Jack. Sallinger & Nichols) Attorneys & Counselors at Law 1800 Lincoln Plazs 500 N. Akard Dallas. Texas 75201 (214) 954-3333 Facsimile (214} 954-3334 September 22, 1988 PRESTON CENTER OFFICE 8222 Dougiu Av*. ~ite 707 DIUu, Tezl, J 75225 (214) 692-1218 IOBEI~T L DILLARO. JR OF COUNSEL Mr. Alan D. Ratliff City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 Conoco Pipeline Crossing Agenda Item September 27, 1988 Dear Mr. Ratliff: I have reviewed Conoco's letter dated August 26, 1988, which clears up most of the objections raised in my letter of May 16, 1988, directed to their December 11, 1987, letter. I make the following comments concerning their recent letter agreement dated August 26, 1988: I have no problem with paragraphs i through 9, except to note that these paragraphs contain many conditions that the city must adhere to when working or having work done in and around Con-Dor's pipeline both during the construction stage and at all times in the future. Having said this, I do want to point out one particularly burdensome condition that they require in paragraph 9. This paragraph requires 48 hours notice prior to any excavation, construction, or movement of equipment across its right-of-way. The words "movement of equipment" might be limited to equipment which will be used for the purpose of excavation within the area of the pipeline. Paragraphs 10 through 13 deal with indemnification by the city, the city's contractors, or subconstractors and the assumption by the city or its contractors of all responsibility for damages resulting to persons, property, or to the Con-Dot pipeline growing out of work performed by the city or its contractors near the pipeline. Paragraph 13 requires that Con-Dor be named as additional insured on the insurance policies and sets up a minimum amount of coverage which must be maintained by the city's contractor and subcontractors. Paragraph 14 still states that Coppell shall indemnify and hold Con-Dor harmless against all claims for damages to Denton Tap Road and associated water and drainage lines resulting from work being performed by Con-Dor or its contractors. They have, however, eliminated the provision that this indemnification "shall apply to all future work" as stated in their December 11 letter. If this pfc, vision remains, the city will have to assume any damages to Denton Tap R~)ad or the waterlines even though the damage results from Con-Dor's contractors. Mr. Alan D. Ratliff Page 2 September 22, 1988 me. LWJ/sb If you have any further question concerning this, please do not hesitate to contact Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD May 26, 1988 Memorandum To: From: Subject: Alan D. Ratliff, City Manager Frank Trando, Finance Director/Deputy City Manage~ Coppell-Conoco Pipeline Relocation I have researched the amount that is proposed in Mr. Jackson's letter. Per the proposed budget, prepared by Mr. Ginn's office for the Denton Tap Road Improvements, there was $40,000.00 slated for the lowering or relocating of the Conoco Pipeline. Therefore, the money has been set aside in the C.I.P. fund to pay for the relocation of this petroleum line. Should you have further questions, please do not hesitate to contact me. FT/lr GINN, INC. MEMO DATE: TO: FROM: RE: September 9, ·'1988 Mr. Russel~d~eV, P.E., City Engineer John C. Karlsruher, P.E. Denton Tap Road Improvements from Belt Line Road to Sandy Lake Road - Conoco Pipeline crossing agreement - Coppell, Texas. In response to your request (attached) we have reviewed the proposed agreement. Conoco has responded as asked in our letter of May 31, 1988 letter, copy attached, which transmitted the comments of the City Attorney on the previously proposed agreement. Additionally , the anticipated cost of this item is included in the approved project budget for the project as presented to the City Council when they awarded the Construction Contract for the project in the April 26, 1988 City Council meeting. We recommend that this item be placed on the earliest available City Council agenda for their consideration. It is important that the City of Coppell and L.H. Lacy Co. execute the agreement as soon as possible in order to avoid unnecessary delays in the construction of the project. If the City Council approves execution of this agreement we will be happy to obtain the original agreement from you and transmit it to L.H. Lacy Co. for their execution. Once executed and returned by L.H. Lacy Co. we will return it to you for the City's execution and transmittal to Conoco. cc: H. Wayne Ginn, P.E. David M. Snyder, L.H. Lacy Co. rd9988.con 17103 Preston Road · Suite 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900 Transportation August 26, 1988 CERTIFIED MAIL Receipt #P484488265 Conoco Inc. 3519 Patrick Street Lake Charles, LA 70605 Mr. Alan D. Ratliff City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 RE: DENTON TAP ROAD IMPROVEMENTS CITY OF COPPELL, TEXAS Dear Mr. Ratliff: We have received your letter and construction plans concerning improvements to Denton Tap Road where it crosses the Conoco Inc. operated Con-Dor Pipe Line Company ("Con-Dor") 6-inch high pressure petroleum products pipeline. Conoco Inc. will permit construction across the pipeline upon the Contrac- tor and City of Coppell ("City") agreeing to the following requirements: After review with our Engineering Department, we must take exception to your suggestion that the line will not require concrete coating. The pipeline is currently installed inside of steel casing under Denton Tap Road. This casing provides protection from external stress due to traffic; it also reduces the risk of damage to the pipe during installation of utilities, drain lines, etc. In addition, the casing provides a means of monitoring the integrity of the pipe and provides a conduit for~,~ipe replacement if necessary. Extensions to the casing is not practical due to sags in existing line and because of cathodic protection considerations. Once the pipe is covered by the road it will no long be accessible for maintenance, therefore, we must require installation of tested, heavy-wall, concrete coated pipe under the roadway. The concrete coated pipe will be installed under the roadway and will extend approximately 25 feet east and west of the construction bound- aries. The cost for this modification, estimated to be $40,000.00 as shown on Exhibit A, will be borne solely by the City of Coppell. We require 100 percent of the actual cost be paid within 30 days of receipt of an invoice after pipeline modifications are complete. The City will be charged for actual costs for pipeline modifications, whether higher or lower than the estimated costs. Conoco Inc.'s Division Office in Lake Charles, Louisiana, must be provided with final construction drawings for all work which will affect the Con-Dor pipeline, including a plot plan and a profile along the pipeline centerline showing any grade work to be done. The current drawings do not show the extent of grade work to be done Mr. Alan D. Ratliff August 26, 1988 Page 2 o o o 10. 11. 12. beyond the limits of roadway. The profile should show the vertical distance between the Con-Dor line and any proposed grading. Upon receipt of updated drawings, Conoco Inc. will revise the cost estimate to reflect any additional modifications required to the pipeline. Ail utilities which cross the Con-Dor pipeline must pass underneath by a minimum of 12 inches. Any utilities which parallel the pipeline will maintain a minimum separation distance of 5 feet from the util- ities outside wall to the outside of the Con-Dor line. Conoco Inc. will not allow the city or its contractor to use any material or equipment in the construction which in the opinion of the Con-Dor inspector would hinder or impair Con-Dor's ability to safely maintain and operate its line. Con-Dor retains the right to adequately mark its pipeline with perma- nent line markers to insure public safety and the future safe opera- tion of the line and to meet Department of Transportation Regulation. No engineering works, private or industrial dwellings, deep rooted plants, fences, other similar permanent structures will be allowed over any portion of the pipeline. 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 lowered to a depth which provides a minimum cover of 36 inches after final grading. Con-Dor requires a minimum of 48 hours notice prior to any excavation, construction, or movement of equipment across its right-of-way so that its line can be staked to minimize the possibility of accidental damage. Additionally, Con-Dor personnel must be on site during exposure of the pipeline and during any work around the exposed line. The City shall indemnify and hold Con-Dor harmless from and against any and all claims for injuries to person or persons or for damages to property arising directly or indirectly from work to be performed by the City or those under contract to the City near the Con-Dor pipe- line. The Contractor shall indemnify and hold Con-Dor harmless from and against any and all claims for injuries to person or persons or for damages to property arising directly or indirectly from work to be performed near the Con-Dor pipeline by the Contractor or its sub-contractor. The City shall assume all responsibility for any and all damages to the Con-Dor operated pipeline arising directly or indirectly from work to be performed by the City, its contractors or subcontractors. ~Mr. Alan D. Ratliff August 26, 1988 Page 3 13. Con-Dor shall be named as additional insured without any qualifica- tions or restrictions by the Contractor performing work near the Con-Dor pipeline. Contractor shall maintain in effect during work near the Con-Dor line the following insurance coverages: Public liability insurance covering all work to be performed near the pipeline, with bodily injury limits of not less than $I00,000 as to any one person and $300,000 as to any one accident and with property damage limits of not less than $100,000 for each accident. Such insurance shall include coverage for all liability assumed by Contrac- tor working near the pipeline under contract with the City with limits of liability not less than those set out above. It shall be the City's obligation to see that each and every contrac- tor and subcontractor employed by it carries and pays for the same kinds and amounts of insurance as are required of the Contractor. A certified copy of all insurance policies requested shall be received at the Conoco Division office in Lake Charles with Con-Dor Pipe Line Company named as the certificate holder prior to the commencement of work. 14. The City of Coppell shall indemnify and hold Con-Dor harmless from and against any and all claims for damage to Denton Tap Road and associ- ated water and drainage lines arising directly or indirectly from work being performed by Con-Dor or its Contractors on the Con-Dor pipeline. To initiate work on the pipeline modifications to accommodate the proposed construction, please have a copy of this letter executed by an officer of the Contractor and the City of Coppell and return to me along with final construction drawings. Enclosed for your information are copies of the API Brochure, "What You Should Know About Petroleum Pipeline Safety". Please pass these along to the Contractor and Project Inspector. Should you have any questions, please call me at (318) 491-5913. S inc~erely, ¢1~(~¥e A. Rhodes Director-Access & Regulations CAR/138/165:gr Enclosures Mr. Alan D. Ratliff August 26, 1988 Page 4 cc: Ann Kartsotis Jim Rau Joe Bob Anderson Steve Marsee Scott Williams Mr. John Karlsruh Ginn, Inc. 17103 Preston Road, Suite 100, Box 118 Dallas, Texas 75202 Mr. Alan D. Ratliff August 26, 1988 Page 5 Attest: Attest: ACCEPTED AND AGREED TO: Contractor: Company: Signature: Name: Title: Date: Telephone: City of Coppell: Signature: Name: Title: Date: Telephone Mr. Alan D. Ratliff August 26, 1988 Page 6 EXHIBIT A DENTON TAP ROAD CONCRETE COATED PIPE INSTALLATION COST ESTIMATE Description Construction Materials Construction Contract Engineering, Supervision and Overhead TOTAL Estimated Cost $ 5,500 25,000 9,500 $40,000 GINN, (]()NSIII TIN(i l,]Niil NI,;EII5 May 31, 1988 Mr. Clyde A. Rhodes Director - Access and Regulations Concoco Inc. 1909 Southwood Drive Lake Charles, LA 70605 Re: Denton Tap Road Improvements From Belt Line Road to Sandy Lake Road, Coppell, Texas Dear Mr. Rhodes: This letter is in response to your letter of December 11, 1987, which contains Conoco's requirements for construction of the above captioned road improvements across your 6 - inch high pressure petroleum products pipeline, and an agreement pertaining to same. The City of Coppell's legal counsel has reviewed the letter and has made some suggestions which may help to further clarify the elements of the proposed agreement. It is suggested that Conoco state specifically what work it will perform, and what its responsibilities will be in regards to that work, separately from the work and responsibilities of the City. As currently written, our legal counsel had difficulty in determining who was responsible for what. In regards to the listed requirements of your December 11, 1987 letter we have no objections to items 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13. The elements of item 1 need to be scheduled through the City of Coppell, and item 3 is covered by the drawings transmitted herewith. Referring to item 2 of your letter, we would like to modify the terms of payment as you and previously discussed. Instead of paying 100 % of the estimated cost for lowering your facilities 60 days prior to construction; the City would prefer to reimburse Conoco Inc. the cost of the work within 30 days of receipt of an invoice for the work. If you will recall, this is the procedure we used for the Moore Rd. Improvements project about two years ago. Item 5 is a little too vague for the City to agree to. Perhaps a more specific statement explaining which materials and equipment commonly used in road and utility construction would be considered a hindrance or impairment to safe operation and maintenance of your facilities will help to clarify this item. Item 14 is not acceptable to the City of Coppell in that it requires the City to indemnify Con-Dor and its Contractors from any and all claims arising directly or indirectly out of work being performed now as well as in the future on the Con-Dor pipeline. The City of Coppell feels that it would be more appropriate that the reference to "all future work" be discarded and that Conoco's contractors be required to carry the necessary liability insurance and be responsible for any damages that they may cause. We greatly appreciate your efforts in this effort to achieve an equitable agreement between the City of Coppell and Conoco, Inc. in order to allow the City to improve Denton Tap Road to provide a safe crossing of your facilities and the adjacent railroad. The construction of the road improvements will begin within the next two weeks or so, but the construction in the area of your facilities and the railroad crossing is not expected to begin within the next two months. Please review this information and respond as soon as possible. Please call us if you have any questions. Sincerely, John C. Karlsruher, P.E. Project Engineer cc: Alan D. Ratliff, City Manager H. Wayne Ginn, P.E., Acting City Engineer Lawrence W. Jackson, City Attorney File 378 1800 I,incoln Plaza 500 N. Akard ~_Mr. John C. Karlsruher Girth-, lne. 17t03 Preston Road Suite 100, LB 118 Dallas, Texas 75248 l)allas, Texas 75201 (214) 954-3333 Facsimile (214) 954-3334 May 16, 1988 PItI'Lt;'II;N {;I.:N'I'ER OI,'FICE B2:72 [h,ugl.s Ave Suit~ 707 lie: Coppell-Conoco Agreement Our File No. 212 Dear John: I have reviewed Conoco's letter which was proposed as an agreement between tile City and Conoco to permit tile City to construct across Conoco's six-inch high pressure petroleum pipeline. Although it is not clearly stated in tile proposed agreement received from Conoco, it is my understanding that Conoco's pipeline will probably have to be lowered and certain City utilities will be installed near thc pipeline. I also uudcrstand that the work to be done on the pipeline itself will be done by Conoco at tile City's expense with the City utilities being placed in tile area by thc City's contractors. It appears that paragraphs 1, 2, 3, 8, and 14 concern the work to be done by Conoco on their pipeline, and tile remaining paragraphs deal with the City's placement of utilities within the general area of the pipeline by its contractors. The agreement on its face gives tile i~npression that the City is going to be doing all of the work including the lowering and work on the pipeline. I note that Conoco has estimated the cost of work on tile pipeline to be $40,000, which will be borne solely by the City of Coppell, however, in paragraph 3, they have agreed to revise the cost estimates upon receipt of updated drawings. I have no problem with paragraph 10 which is the City's agreement to indemnify and hold harmless Conoco for damages arising directly or indirectly from work to be performed'by tile City or those under contract to tile City near the Con-Dor pipeline. Paragraph 11 require.,s that the City will have to obtain a similar indemnification agreement from its contractors who work on tile project and require tile contractor to ~naintain the liability insurance as provided for in paragraph 13. I have no problem with tile City's indemnification agreement, provided the contractors also are required to so indemnify and maintain the public liability insurance. Mr. John C. Karlsruhcr Page 2 May 16, 1988 It is my opinion that the indemnification provision in pargraph 14 of the proposed agreement is quite broad in favor of Conoco in that it provides that the City shall inde~nnify Conoco against tiny damage to Denton Tap Road and tile City's utility lines arising out of the work being performed by__Conoeo or its eontraetors on tile Conoco pipeline and states that "This indemnification shall apply to all future work." I think that the provision concerning the indemnification applying to all future work should be eliminated, and Conoeo's contractors should be required to carry liability insurance and be responsible for any damage they might cause. I hope this letter can give you some assistance in arriving at a final agreement with Conoco. If you have any questions, please give me a call. Very truly yours, LWJ/sb SALIANGER, NICllOLS, JACKSON, KII{K & I)ILI,ARD l{y / Lawrehee~/jackson cc: Mr. Alau I). l{atlif[' City Mauager City of Coppell P. O. Box 478 Coppell, Texas 75019 Ginn, Inc. File No. 335 Transportation Department December 11, 1987 CERTIFIED MAIL Receipt #P251233296 Conoco Inc. 1909 Southwood Drive Lake Charles, LA 70605 (318) 491-5855 Mr. John Karlsruh Ginn, Inc. 17103 Preston Road, Suite 100, Box 118 Dallas, Texas 75202 RE: DENTON TAP ROAD IMPROVEMENTS CITY OF COPPELL, TEXAS Dear Mr. Karlsruh: We have received your letter and construction plans concerning improvements to Denton Tap Road where it crosses the Conoco Inc. operated Con-Dor Pipe Line Company ("Con-Dor") 6-inch high pressure petroleum products pipeline. Conoco Inc. will permit construction across the pipeline upon the Contrac- tor and City of Coppell ("City") agreeing to the following requirements: After review with our Engineering Department, we must take exception to your suggestion that the line will not require concrete coating. The pipeline is currently installed inside of steel casing under Denton Tap Road. This casing provides protection from external stress due to traffic; it also reduces the risk of damage to the pipe during installation of utilities, drain lines, etc. In addition, the casing provides a means of monitoring the integrity of the pipe and provides a conduit for pipe replacement if necessary. Extensions to the casing is r~ot practical due to sags in existing line and because of cathodic protection considerations. Once the pipe is covered by the road, it will no long be accessible for maintenance, therefore, we must require installation of tested, heavy wall, concrete coated pipe under the roadway. The concrete coated pipe will be installed under the roadway and will extend approximately 25 feet east and west of the construction boundaries. The cost for this modification, estimated to be $40,000.00 as shown on Exhibit A, will be borne solely by the City of Coppell. We require 100 percent of the cost estimate be paid 60 days prior to construction. The City will be charged for actual costs for construction, whether higher or lower than the estimated costs. Conoco Inc.'s Division Office in Lake Charles, Louisiana, must be provided with final construction drawings for all work which will affect the Con-Dor pipeline, including a plot plan and a profile along the pipeline centerline showing any grade work to be done. The current drawings do not show the extent of grade work to be done beyond the limits of roadway. The profile should show the vertical distance between the Con-Dor line and any proposed grading. Upon receipt of updated drawings, Conoco Inc. will revise the cost estimate for any additional modifications if necessary. 'Mr. John Karlsruh December 11, 1987 Page 2 e me 10. 11. 12. 13. All utilities which cross the Con-Dor pipeline must pass underneath by a minimum of 12 inches. Any utilities which parallel the pipeline will maintain a minimum separation distance of 5 feet from the util- ities outside wall to the outside of the Con-Dor line. The City will allow no material or equipment to be used in the construction which would hinder or impair Con-Dor's ability to safely maintain and operate its line. Con-Dor retains the right to adequately mark its pipeline with perma- nent line markers to insure public safety and the future safe opera- tion of the line and to meet Department of Transportation Regulation. No engineering works, private or industrial dwellings, deep rooted plants, fences, other similar permanent structures will be allowed over any portion of the pipeline. 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 lowered to a depth which provides a minimum cover of 36 inches after final grading. Con-Dor requires a minimum of 48 hours notice prior to any excavation, construction, or movement of equipment across its right-of-way so that its line can be staked to minimize the possibility of accidental damage. Additionally, Con-Dor personnel must be on site during exposure of the pipeline and during any work around the exposed line. The City shall indemnify and hold Con-Dor harmless from and against any and all claims for injuries to person or persons or for damages to property arising directly or indirectly from work to be performed by the City or those under contract to the City near the Con-Dor pipe- line. The Contractor shall indemnify and hold Con-Dor harmless from and against any and all claims for injuries to person or persons or for damages to property arising directly or indirectly from work to be performed near the Con-Dor pipeline by the Contractor or its sub-contractor. The City shall assume all responsibility for any and all damages to the Con-Dor operated pipeline arising directly or indirectly from work to be performed by the City, its contractors or subcontractors. Con-Dor shall be named as additional insured without any qualifica- tions or restrictions by the Contractor performing work near the Con-Dor pipeline. Contractor shall maintain in effect during work near the Con-Dor line the following insurance coverages: .Mr. John Karlsruh December 11, 1987 Page 3 Public liability insurance covering all work to be performed near the pipeline, with bodily injury limits of not less than~ $100,000 as to any one person and $300,000 as to any one accident and with property damage limits of not less than $100,000 for each accident. Such insurance shall include coverage for all liability assumed by Contrac- tor working near the pipeline under contract with the City with limits of liability not less than those set out above. It shall be the City's obligation to see that each and every contrac- tor and subcontractor employed by it carries and pays for the same kinds and amounts of insurance as are required of the Contractor. A certified copy of all insurance policies requested shall be received at the Conoco Division office in Lake Charles with Con-Dor Pipe Line Company named as the certificate holder prior to the commencement of work. 14. The City of Coppell shall indemnify and hold Con-Dor harmless from and against any and all claims for damage to Denton Tap Road and associ- ated water and drainage lines arising directly or indirectly from work being performed by Con-Dor or its Contractors on the Con-Dor pipeline. This indemnification shall apply to all future work. To initiate work on the pipeline modifications to accommodate the proposed construction, please have a copy of this letter executed by an officer of the Contractor and the City of Coppell and return to me along with final construction drawings and a check in the amount of the cost estimate. Enclosed for your information are copies of the API Brochure, "What You Should Know About Petroleum Pipeline Safety". Please pass these along to the Contractor and Project Inspector. Should you have any questions, please call me at (318) 491-5913. Sincerely, l~,~Je A. Rhodes Director-Access & Regulations CAR/136/220:gr Enclosures CC.' Ann Kartsotis Jim Rau Joe Bob Anderson Steve Marsee Neil Stockholm Mr. John December Page 4 Karlsruh 11, 1987 Attest: Attest: ACCEPTED AND Contractor: Company: Signature: Name: Title: Date: Telephone: AGREED TO: City of Coppell: Signature: Name: Title: Date: Telephone Mr. John Karlsruh December 11, 1987 Page 5 EXHIBIT A DENTON TAP ROAD CONCRETE COATED PIPE INSTALLATION COST ESTIMATE Description Construction Materials Construction Contract Engineering, Supervision and Overhead Estimated Cost $ 5,500 25,000 9,500 TOTAL $40,000 of the Council to limit this type of request to the current applicant only, as opposed t ~ broad over-all approval of t! above stated type use. No action was ~aken by the Council on this item. Item 22: Discussion and consideration of approval of an ordinance amending the sign code in its entirety and authorizing the Mayor to sign. Chief Building Inspector Dale Jackson made the presentation to the Council. Ms. Flo Staley presented a petition supporting the changes made to the Sign Ordinance which is filed as a permanent part of the City records. Following further discussion Councilman Pettijohn moved to approve Ordinance 88-405 amending the sign code with a correction to Sec. 10-5-3 (C) changing i.e. to read ~..~. and authorized the Mayor to sign. Councilman Morton seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smotbermon, Cowman and Wolfe voting in favor of the motion. Item 23: Discussion and consideration of approval of the Bylaws governing the Park Board. Mr. Edmund Reeve, Park Board Chairman was present to discuss the above stated item with the Council. Following further discussion Councilman Smothermon moved to approve the bylaws governing the Park Board. Councilman Morton seconded; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 24: Discussion and consideration of approval Change Order No. Two (2) in the amount of $46,687.60; No. Three (3) in the amount of $22,267.59; and No. Four (4) in the amount of ($111,922.04) for Beltline Road (N/S) Capital Improvements project and authorizing the Mayor to sign. Mr. Kevin Peiffer representing City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further discussion Councilman Smothermon moved to approve Change Order No. Two (2) in the amount of $46,687.60; No. Three (3) in the amount of $22,267.59; and No. Four (4) in the amount of $111,922.04) for Beltline Road (N/S) Capital Improvements project and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. Item 25: Discussion and consideration of awarding a contract for construction of the Denton Tap Road Improvements from Beltline Road to Sandy Lake Road and authorizing the Mayor to sign. Mr. John Karlsruher represent, ing City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further discussion Councilman Cowman moved to award the contract, for construction of Denton Tap Road improvements from Beltline Road to Sandy Lake Road, to L.H. Lacy Company in the amount of $3,388,580.00 with decorative bridge rails and authorized the Mayor to sign. Councilman Wolfe seconded the motion; motion carried 4-2 with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilmen Pettijohn and Morton voting against the motion. Item 26: Discussion and consideration of awarding a contract for construction of the Denton Tap Road Improvements from Sandy Lake Road to Denton Creek and authorizing the Mayor to sign. Mr. John Karlsruher representing City Engineer Wayne Ginn's office was present to discuss the above stated item with the Council. Following further d~scussion Councilman Cowman moved to award the contract, for construction of Denton Tap Road improvements from Sandy Lake Road to Denton Creek, to L.H. Lacy Company in the amount of $1,803,363.03 with decorative bridge rails and authorized the Mayor to sign. Councilman Wilkerson seconded the motion; motion carried 4-2 with Councilmen Wilkerson, Smothermon, Cowman and Wolfe voting in favor of the motion and Councilmen Pettijohn and Morton voting against the motion. Item 27: Discussion and consideration of an agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with: A. an 8" waterline B. an 8" sanitary sewer A. City Attorney Lawrence Jackson made the presentation to the Council on the above stated item 27A. Following further discussion Councilman Smothermon moved to approve the agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with an 8" waterline. Council~nan Cowman seconded; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. B. City Attorney Lawrence Jackson made the presentation to the Council on the above stated item 27B. Following further discussion Councilman Smothermon moved to approve the agreement with St. Louis Southwestern Railway Company to provide the City of Coppell with a license to cross the railroad property to serve Creekview Estates with an 8" sanitary sewer. Councilman Cowman seconded; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. CONSENT AGENDA Item 28A: Discussion and recommendation for rejection of Bid #0011, Traffic Sign and Signalization Materials Contract. 28B: Consider approval of charges to the City Council budget in the amount of $34.50. Councilman Morton moved to approve consent agenda, Items 28A and 28B as submitted. Councilman Smothermon seconded the motion; motion carried 6-0 with Councilmen Wilkerson, Pettijohn, Morton, Smothermon, Cowman and Wolfe voting in favor of the motion. (Closed to the public5