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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 Li.ne 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