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ST8201-AG 881025 (2)Rev.: Effective 1/20/88 -- I. REF/FILE NUMBER AGENDA REQUEST FORM FOR CITY COUNCIL MEETING: October 25, 1988 : 378 II. ITEM CAPTION : Discussion and consideration of approval of an agreement withExplorer Pipeline Company for the widening of DentonTan Road over the existing Explorer 12 inch pipeline located on the north side of the St. Louis Southwestern Railway Company's tracks~ and autborizJnq the Mayor to sign. III. ACTION RECOMMENDED : Staff recommends approval Iv. REP. IN ATTENDANCE A: STAFF - Russell Doyle, City Hngineer B: OTHER - Ginll, Inc. V. NOTIFICATION TO : N./A VI. METHOD OF CONTACT : DATE FINANCIAL REVIEW : 1. BUDGETED ITEM : N/A 2. BUDGET AMOUNT : N/A 3. ESTIMATED AMOUNT FOR THIS ITEM : N/A 4. AMOUNT OVER OR UNDER BUDGET : N/A 5. LOW BIDDER RECOMMENDED : N/A YES NO YES NO SOURCE OF FUNDING CO'S OR BONDS FUNDS (Series or year authorized) OPERATING BUDGET (Account,Number) ,OTHER APPROVED BY CITY MANAGER : ITEMNUMBER_~~m~ : N/A N/A N/A N/A AGENDA REQUEST FORM TO GINN, INC. ~-. Consulting Engineert 17103 Preston Road Suite 100, LB-118 OALLAS, TEXAS 75248 (214) 248-4900 ~EARESEND,NGYO~ ~Attached E~sepa~a~e-~evervia~"~r"//'~??~/'/~j Shop drawings ~ Prints ~ Plans ~ ~mples ~ S~ifi~tions Copy of lefer ~ Change order COPIES DATE NO. DESCRIPTION ~1 I ~/ · :;.1,/~'~/,.~,~ /,. ~- THESE ARE TRANSMITTED as checked below: [] For approval /For your use [] As requested [] For review and comment [] Approved as submitted ~ Resubmit ~ Approved as noted E] Submit ~ Returned for corrections [] Return [] copies for approval copies for distribution corrected prints [] FOR BIDS DUE 19__ [] PRINTS RETURNED AFTER LOAN TO US / Mr. John C. Karlsruher, P.E. Project Engineer Ginn, Inc. Consulting Engineers 17103 Preston Road Suite 100, LB 118 Dallas, Texas 75248 SALI,IN(JI~IC NICIIOI,S, JACKSON, KIRK & I)ILI,AIH) (Fnrmerly 8alll, r, .lack, Sallinger ,g, Nichols) (214} 954-3333 October 3, 1988 Re: · Denton Tap g. oad hnprovelnents frown Belt Line Road to Sandy Lake Road, CoppeIl, Texas; Our File No. 232 (Explorer Pipeliae Company Agreement) Dear John: Pursuant to your transmittal letter of August 30, I have reviewed the attached Explorer Pipeline Company agreement dated November 30, 1987. I have no objection to the hold harmless agreement set forth in paragraph 2. Although tile remaining paragraphs 3 through 14 place certain responsibilities on the city, they do not pose any legal problems. Therefore, I have ao objection to tile form of tile agreement and can recommend that tile city execute tile same. Please call if you have any questions. Very truly yours, LWJ/sb SAI,I,INGEIt, NICIIOLS, JACKSON, KIRK & I)ILLAI~.D ) La wr enc'~/.] ac]~s0n Enclosure CCl Mr. Alan D. Ratliff (w/Encl.) City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 GINN, INC. CONSULTING ENGINEERS August 30, 1988 Mr. Lawrence W. Jackson Sallinger, Nichols, Jackson, 1800 Lincoln Plaza 500 N. Akard Dallas,.Texas 75201 Kirk & Dillard Re: Denton Tap Road Improvements from Belt Line Road to Sandy Lake Road, Coppell, Texas Dear Mr. Jackson: We have reviewed the attached proposed agreement between Explorer Pipeline Company and the City of Coppell concerning the improvement of Denton Tap Road. We have no objections to any of the provisions contained in this proposed agreement. Please review this proposed agreement and if it is acceptable to you please recommend to the City that they execute the agreement as soon as possible in order to avoid delays in the construction of Denton Tap Road. Please call me if you have any questions. Sincerely, Jo~n~C. Karlsruher, P.E. Project Engineer Attachments cc: H. Wayne Ginn, P.E. Alan D. Ratliff w/attachmenta J-378 17103 Preston Road · Suite 100 · II,t I1~ · I')allas. Tcxas 7524g · I'ho.c 214/24,S-4¢)00 ~-'~KPLOR~ PIP~I. II'J~ comP~i'IY Richard M Perdue ~% \'~ ,'*, · .~'~~/t ::' ~ Mr. Alan D. Ratliff November 30, 1987 ~ City Manager Coppell, Texas Re: Denton Tap Road Widening M.P. 48.16, Dwg. 237-AA-1015, Dallas County, Texas Gentlemen: In response to your requcst for approval to widen Denton Tap Road across Explorer Pipeline Company's 12 inch pipeline, permis- sion is hereby granted only insofar as Explorer has the right, title and interest to grant such permission, subject to the fol- lowing terms and conditions: 1. Explorer's District office shall be given written notice at least 48 hours in advance of any construction contemplated in order that a representative of Explorer may be present. Please contact Explorer's representative at the office indicated below: Mr. A.. C. Shackelford Supervisor of Operations & Maintenance Explorer Pipeline Company Route 1, Box 354 Caddo Mills, TX 75005 Telephone: (214) 527-3151 You hereby agree to assume the risk of, and shall protect, in- demnify and save harmless Explorer from and against all liabilit for or on account of, injury to or death of persons or damage to property, including livestock killed or injured, resulting from your operations, except where such injury, death, or damage shal be caused by the sole negligence of Explorer, its agents, servants, or employees or otherwise. Page 2. o In the event your proposed facility endangers and/or interferes with Explorer's pipeline, you agree to take the necessary action, at your sole cost and expense, to eliminate any such condition. You shall not permit heavy equipment to work over Explorer's pipeline, and any machine ditching shall not be closer than 15 feet to Explorer's pipeline without prior approval of Explorer's field representative. Your utilities shall cross at least 12 inches above/below Explorer's pipeline. This depth shall be maintained the full width of Explorer's right of way. No casing required under roads unless the city or county regulations require casing. If casing required, to be installed by Explorcr at developer's expense. Explorer will, on a reimbursable basis, install concrete slabs, and/or casing if required, furnishing upon request a cost estimate. A minimum of 5'-0" of road and top of pipe If drain ditches are cover is required between surface of if no casing installed. installed along roadways, concrete slabs are to be installed 12" over pipeline if depth is less than three feet, at developer's expense. 10. No reduction of cover to be made at any location over the pipeline and any proposed additional cover placed over pipe- line to be approved by Explorer. 11. Thc following warning shall be added to the construction prints as follows: "WARNING!!! Explorer's 12" Petroleum Pipeline - Contact A. C. Shackelford 48 Hours Before Construction Begins (214) 527-3151.:' 12. Final plans and profiles to be submitted to Explorer Pipe- line Company, Engineering Department, P- O. Box 2650, Tulsa, OK 74101 for approval. 13. After your proposed facilities have been completed, three copies of your as-built plats shall be forwarded to this office. 14. This written permission may not be assigned by you without prior written consent of Explorer. the Page 3. Please signify acceptance of these terms and conditions by having an authorized official of your company affix his signature in the space provided below and return one copy for our file. Thc attached as-built alignment sheet, Drawing No. 237-AA-1015 is for your use and information. Yours very truly, EXPLORER PIPELINE COMPANY Richard M. Perdue Manager, Right of Way, Safety & Security je$ Atts. cc: R. E. Sands J. B. Bcnear S. L. Irwin A. C. Shackelford J. C. Karlsruher, Ginn, Inc. ACCEPTED AND AGREED TO THIS __ By: DAY OF , 1987. Title: GINN, INC. CON,";ULTi NG ENGINEEllS August 30, 1988 Mr. Lawrence W. Jackson Sallinger, Nichols, Jackson, 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 Kirk & Dillard Re: Denton Tap Road Improvements from Belt Line Road to Sandy Lake Road, Coppell, Texas Dear Mr. Jackson: We have reviewed the attached proposed agreement between Explorer Pipeline Company and the City of Coppell concerning the improvement of Denton Tap Road. We have no objections to any of the provisions contained in this proposed agreement. Please review this proposed agreement and if it is acceptable to you please recommend to the City that they execute the agreement as soon as possible in order to avoid delays in the construction of Denton Tap Road. Please call me if you have any questions. Sincerely, · Karlsruher, P.E. Project Engineer Attachments cc: H. Wayne Ginn, P.E. Alan D. Ratliff w/attachments J-378 17103 I',¢stt.; I~.tl;ItJ s ,"';*.iii,.' 100 · I.B IiX s l);dl~l'.. T,.'xas 7524~ · I'*hon(' Mr. Alan D. Ratliff City Manager Coppell, Texas e"XPLORe'R PIPel. complan,,, Richard M. Perdue November 30, 1987 Re: Denton Tap Road Widening M.P. 48.16, Dwg. 237-AA-1015, Dallas County, Texas Gentlemen: In response to your request for approval to widen Denton Tap Road across Explorer Pipeline Company's 12 inch pipeline, permis- sion is hereby granted only insofar as Explorer has the right, title and interest to grant such permission, subject to the fol- lowing terms and conditions: Explorer's District office shall be given written notice at least 48 hours in advance of any construction contemplated in order that a representative of Explorer may be present. Please contact Explorer's representative at the office indicated below: Mr. A. C. Shackelford Supervisor of Operations & Maintenance Explorer Pipeline Company Route 1, Box 354 Caddo Mills, TX 75005 Telephone: (214) 527-3151 You hereby agree to assume the risk of, and shall protect, in- demnify and save harmless Explorer from and against all liability for or on account of, injury to or death of Persons or damage to property, including livestock killed or injured, resulting from your operations, except where such injury, death, or damage shall be caused by the sole negligence of Explorer, its agents, servants, or employees or otherwise. Page 2. e 10. 11. 12. 13. In the event your proposed facility endangers and/or interferes with Explorer's pipeline, you agree to take the necessary action, at your sole cost and expense, to eliminate any such condition. You shall not permit heavy equipment to work over Explorer's pipeline, and any machine ditching shall not be closer than 15 feet to Explorer's pipeline without prior approval of Explorer's field representative. Your utilities shall cross at least 12 inches above/below Explorer's pipeline. This depth shall be maintained the full width of Explorer's right of way. No casing required under roads unless the city or county regulations require casing. If casing required, to be installed by Explorer at developer's expense. Explorer will, on a reimbursable basis, install concrete slabs, and/or casing if required, furnishing upon request a cost estimate. A minimum of 5'-0" of cover is required between surface of road and top of pipe if no casing installed. If drain ditches are installed along roadways, concrete slabs are to be installed 12" over pipeline if depth is less than three feet, at developer's expense. No reduction of cover to be made at any location over the pipeline and any proposed additional cover placed over pipe- line to be approved by Explorer. The following warning shall be added to the construction prints as follows: "WARNING!!! Explorer's 12" Petroleum Pipeline - Contact A. C. Shackelford 48 Hours Before Construction Begins (214) 527-3151.:' Final plans and profiles to be submitted to Explorer Pipe- line Company, Engineering Department, P. O. Box 2650, Tulsa, OK 74101 for approval. After your proposed facilities have been completed, three copies of your as-built plats shall be forwarded to this office. 14. This written permission may not be assigned by you without the prior written consent of Explorer. Page 3. Please signify acceptance of these terms and conditions by having an authorized official of your company affix his signature in the space provided below and return one copy for our file. The attached as-built alignment sheet, Drawing No. 237-AA-1015 is for your use and information. Yours very truly, EXPLORER PIPELINE COMPANY f- -% _~ / / Richard M. Perdue Manager, Right of Way, Safety & Security jes Atts. cc: R. E. Sands J. B. Benear S. L. Irwin A. C. Shackelford J. c. Karlsruher, Ginn, Inc. ACCEPTED AND AGREED TO THIS By: DAY OF Title: , 1987.