ST8201-CS 880922SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
{Formerly Saner, Jack, Salling~r & Nichols}
Dallas, Tex~ 75201
September 22, 1988
Mr. Alan D. Ratliff
City Manager
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re:
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-Dot'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-Dor 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 provision
remains, the city will have to assume any damages to Denton Tap Road or the waterlines
even though the damage results from Con-Dot's contractors.
Mr. Alan D. Ratliff
Page 2
September 22, 1988
me.
If you have any further question concerning this, please do not hesitate to contact
LWJ~b
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
L/ / Lawrence ~//Jackson