Conoco-CS 8709105400 Eenais.~nce Tower
1201 Elm Street
Dallas, Texas 75270
DAUBS HOUS'roN AusmN
WINSI' EAD
McGUIRE
SECHREST
&MINICK
A Pt~"~ional Corporation
Attorneys & Couttselo~
September 10, 1987
(214) 742-1700
Telex 734105 !
Telecopier (2141 745-5390
745-5274
Mr. Alan D. Ratliff
City Manager
City of Coppell .....
255 Parkway Boulevard .i"!i
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 ~. Kni,~
152:D082787A.30
Conoco Pipe Une Compen¥
Southern Division
1909 Southwood
Lake Chade~, LA
(318) 491-~
June 3, 1987
~'xt'~u MAIL
R~eipt #P-477 843 481
Mr. Clyde L. Stifford
DeShazo, Starek & Tang, Inc.
330 Union Station
Dellas, TX 75202
cl'l'~ OF O~pp,:l ,~., TEXAS
We have reviewed your r~vised plans for the construction of ~ Lane
associa~ water line and drainage lines across the Conoco Pipe Line
Company ("CPL"), formerly Continental Pipe Line O~,~any, cper~e~ Cc~-Dor
Pipe Line C~,~any ("Con-Dor,,) 6-/rich high pr~ure petrole~ proc~3cts
pipeline. AD~litionally, we have reviewed C~L,L~nts by Winse~, MC~,
Sechrest & M/nick, Attorneys and Counsellors, to our letter of Jar~vy 30
and ha~e inoorporated them aocordingly. Conoco Pipe Line Company will
permit construction across the pipeline upon the Developer, Contractor and
City of Coppell agreeing to the following
e
e
In order to c<~,~ly with Department of Transportation P~ations by
which pipeline operations are governed, modifications to the line
will be mde by CPL. ~he p~-u~sed construction will requir~ instal-
lation of heavy-wall concrete coated pipe to provide prc~ion
during road construction, drainage line installation and water line
installation. A~ditionally, the concrete coating affords p~ct~ ion
fr~, both static and dynamic loadings of tb~ new roadway as well as
pro~ct~ ion during future maintenance of the new facilities. The
cost of these mod/ficatioDs, 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 wer~s, private or industrial dwellings, deep rooe~
plants, fences, other similar permanent structures will be allowed
over any portion of the pipeline.
Concrete ooa~ pipe will be installed under the road c~ussi~g, in
aooordance with ANSI B31.4, "Liquid Petrole%mm Transportation Piping
Systems,,, API RP 1102, "lqeooqu,~ended Practices for Liqu/d Petrole%a~
Pipelines Crossing Railroads and Highways,,, and Dep,~U[,ent of
Transportation, Part 195 regulation 195.256. Co~cr~te co~_ pipe
Mr. Clyde L. Stifford
'J%~le 3, 1987
Page 2
4e
Se
7e
10.
11.
~t ~ the entire width of the pavement ar~ a m/nimum of 25
feet beyond the newly ccFu~_ruc~ facilities.
At any paint al~3 tb~ pipeline where the e~_~ 9x~ profile
will be lowered by the removal of earth, the (k~-Dor line must be
lowered to a ~pth which provides a rain/mum cover of 36 ~ after
by a minimum of 12 ind%es. Any utilities which parallel the pipe-
line will maintain a min/~um separation 8~canoe of 15 feet fk~, the
utilities outside wall to the outside of the (k~-Dor line.
~he Con-Dot line shall be ~ 20 feet during each borin~ un,er-
neath the railroad ara/or pipeline. ~he bore ~11 be initiated on
the north side of the railroad (c~site the (k~-Dor line). Ade-
quate shorin~ a~ barricad/n~ shall be mintained in acoordanoe with
~ req~ i ~.-~tents.
Developer will allow no material or equivalent to be used in the ~
struction which wuuld hinder or impair Co~-Dor's ability to safely
Con-Dot retains the right to adequa~_ly mark its pipeline with
permanent line markers to insure public safety and the future safe
operation of the line and to meet Department of Transportation
Regulation.
CPb's District Office in Iake O~arles, Ix~u~iana, must be provid~
with final oo~struction drawings for all work which will affect the
Con-Dor pipeline, includ/ng a present plat and a profile (along the
pipeline centerline) showing any ~de work to be done. The profile
should show the vertical d/stance between the Con-Dor line and any
Befora proc~/ng with any pipeline construction to aocc~moda~
Developer,s request, Con-Dor will re~.~e that 100 percent of the
cash equivalent of the cost estimate be paid prior to oonstruction.
Ap~~y 60 days will be r~ired for c~,~letion of pipeline
modifications after receipt of the cash advanoe. The Developer will
be chaz~ed actual costs for construction, whether higher or lower
than the estimated costs. Ac'b,~,l ~osts will include all construc-
tion costs, ~verh~d and lost revenue due to downtime. All
struction work which is requ/red shall be performed by o~e of
Con-Dor,s contractors. Con-Dot reserves the right to have an
inspector on the j~b at all times to oversee all construction on or
~ear the pipeline.
rko-Dot requ~es a minimum of 48 hours notice prior to any e~ca-
ration, construction, or ~Dvement 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, Co~-Dor persoD/~ Xml~t be ~ site
during expcsur~ of the pipeline and during any work around the
Developer shall ind~dfy and hold ConDor harm/~ from and against
any an~ all claims for injuries to person or persons or for damages
to prcgerty arisin~ ~cly or indirectly f~ tb~ negligent
performance of work by Developer or those under-cc~tract, to DeveloD-
er within twenty-five (25) feet of the oenterline of the Cc~-Dor
pip~.
~ne Cc~tractor shall indemnify and hold (~-Dor harmless ~ ar~
against any and all claims for injuries to person or persons or for
damages to property arising directly or indirectly f~ the negli-
gent performance of work within twenty-five (25) feet of the
oent~rline of the Oon-Dor pipeline by the COntractor or its sub-
The city of Cu~_ll shall inde~tify and hold Cc~-Dor harmless ~
and against any and all claims for injuries to per~ or persons or
for damages to property arising ~cly or ~y fA.-- the
negligent performance of i%ature work by the City of Cu~a~ell, it's
terms of th/s a~ement.
ConDor shall ~,,,,ify ~ hold Developer and the City of Cu~ell
harmless f~.,,.,u ~ ac3a~ eun¥ ~ all claims for injuries to person
or persons or for damages to property arising d{wectly or
fz~, the negligent performance of the work by ConDor, it's em-
~s of this Agre~nt.
ConDor shall be named as ~tio~ml insured without any 9,~lifica-
tions or restrictions by the ~ontractor performing work near the
Oon-Dor pipeline. Contractor shall maintain in effect durir~ work
near the Con-Dor line the following insurance coverages:
Public liability insurance covering ell work to be performs~ near
the pipeline, with bodily injury limits of.not less than $100,000 as
to any one person ar~ $300,000 as to any o~e accident and with
p~operty damage limits of not less than $100,000 for each accident.
Such insurance shall include ooverage for all liability assumed by
Contractor working near the pipeline under contract with the Devel-
oper with limits of liability not 1~ than those set cut above.
It shall be Developers ~bligati~ to s~e that each an~ every
tractor and subcontractor ~,~loyed by it carries and pays for the
sam~ kinds and amounts of insurance as ar~ required of the C~
tractor.
Mr. Clyde L. Stifford
June 3, 1987
Page4
A ~tified copy of all insuranoe policies requ~ ~all be
r~ce~ived at the CPL office in Ta~ (harles with Cc~-Dor Pipe L~ne
O~,~ny named as the certificate holder prior to the cc~mm~zm~ent of
work.
To initiate work on the pipeline modificaticDs to aoc-~-~-~,date the
construction, please have a cc~y of th~ letter e~_~ed by an officer of
the Developer, the Contractor and the City of (k4a~-ll and return to me
along with final construction drawings and a check in tb~ am~mt of the
should you have any qu=~tic~, pl~ call me at (318) 491-5851.
Nell P. ~~
Di~i~
ss/os.ms
cc: T. E. Souls
J.-T. Rau
M. M. Taylor
S. W. RudolDh
J. J. Jones
$ 4,700
14,300
3,900
5.100
$28,000