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HomeMy WebLinkAboutRES 19-212RESOLUTION NO. 19-212 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to accept two (2) Pipeline Crossing Agreements to Enterprise TE Products Pipeline, LLC substantially in the form attached hereto as Exhibit "A," to install two (2) pipelines. The first pipeline is a sixteen inch (16") carbon steel pipeline and the second pipeline is a thirty inch (30") carbon steel pipeline. Both pipelines will cross a twenty inch (20") water line, a twelve inch (12") sewer line and a sixteen inch (16") water line east of West Port Arthur Road and north and south of FM 3514. The two. pipelines will transport ethane. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. �rMayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston TX 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $635.00 (for the 16-inch ethane pipeline crossing a 12" sewer line, a 20" PVC waterline, and a 16" waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 16" waterline S of FM 3514 in 30' ROW t z EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: ® License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. ® Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. m Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City. (Public Works Department) in advance. ® Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. ® Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement. is not required by said governmental entity, then documentation regarding. such will be provided to the City of Beaumont. Licensee shall provide copies of all necessary agreements to be obtained from. other -City Departments. 3 o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) ® The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City .]Fire Department and Public York's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. ® The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. a Permits which allow lines to be maintained or constructed. in City right-of-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) ® Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident. Property Damage: $1,000,000.00 E Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (IS) days prior written notice to the City. The bond shall be good and in effect for a 'period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of. the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. ® If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R O W City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, Jo be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of. the company obtaining said permit. 5 Licensee shall mark the location of its lines within forty-eight (48).hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines.. Failure, by Licensee, to respond within . the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. ® Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement. or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any, change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street , alley, easement or other right-of-way. 6 NOTIFICATION/INSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. a Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines peimitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O, Box 4324, ATTN: Timothy I Dyk Attn: City Manager _ City and State of Licensee: Houston, TX 77210-4324 7 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated , with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 CITY OF BEAUMONT, TEXAS go ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: i Title im t yk, Agent & Attomey-in-Fact ATTEST: By: gewdiS. &Itr, Secretary JEFFERSON COUNTY, TEXAS EXISTING AIR LIQUIDE PL FAO BEAUMONT CITY LIMITS $ 02 EXISTING UNKNOWN p NATRUAL GAS PL i oZ PROPOSED 16" PIPELINE EXISTING SUNOCO PL—\ EXIST Iyl G PL PL w I I PROPOSED PIPELINE INSTALLED BY z J CONVENTIONAL BORE METHOD W Z Q J zi W ;I WI n. co 0I �I ?6I u6 CROSS-SECTION 16" PIPELINE No Scale SHEET 2OF4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS FENSTERMAKER C. H. Fensterrnaker &Associates, L.L.C. 135 Regency Sq. Lafayette, LA 70508 ph.337-237-2200 Fax.337-232-3299 PROJ. MGR.: LJB REVISIONS CHIEF INSP.: No. 0 DATE: 08/29/2019 REVISED BY: JPR DATE: 08/2312016 No. I DATE: REVISED BY: w ww.fenstermaker.com Texas Finn No. 10028500 FILENAME: T:12018121883111DWG1CROSSING_FILESICITY OF BEAUMONTICITY OF BEAUMONT.dw9 PROPOSED PIPELINE BORE DESIGN DATA 1.9 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME: BEAUMONTTO PORT ARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR. NOVEMBER 2019-2020 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ('DOT') STANDARD CFR TITLE 49, PART 195, TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102,'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2A DESIGN FACTOR: 0.5 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPEUNEWILL BE INSTALLED BY HDD 5.0 HDD CARRIER LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00' 52 WALL THICKNESS: 0.50D' 5.3 PIPE SPECIFICATION:API 5L 5.4 GRADE X52(52,000 PSI) 5,5 MATERIAL' CARBON STEEL 5.8 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT To PORTARTHUR 1.3 PRODUCT: ETHANE 1A PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019 -2020 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF('DOT') STANDARD CFR TITLE 49. PART 195, TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, -STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS- 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1650 PSIG MIN 2A DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINEPIPE 5.1.OUTSIDE DIAMETER: 16.00° 5.2 WALL THICKNESS: 0.375' 5.3 PIPE SPECIFICATION: API 5L SA GRADE X52 (52.000 PSI) 5.5 MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERWORSAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FBE) 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPEUNENAME:BEAUMONTTO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTIONACTIVFFES SCHEDULED FOR NOVEMBER 2019. 202D 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF ('DOT') STANDARD CFR TITLE 49, PART 195, TRANSPORTATION OF HAZARDOUS UQUIDS BY PIPELINE° AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME AP11102,'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METH DO 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER 16.00' 52 WALL THICKNESS: 0.500' 5.3 PIPE SPECIFICATION: API SL 5.4 GRADE X52 (52,000 PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FEE) & 30 - 40 MILS ARO SHEET 4 OF 4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB - REVISIONS H. Fenstermaker & Asso ciates, L.L.C. FENSTERMAKER ph5337-2372200 FRegency Sq. lax 337-232-329g CHIEF INSP.: No. DATE: 08/29/2019 REVISED BY: JPR www.fenstermaker.com DATE:08/23/2019 No. DATE: REVISED BY, 9' Texas Firm No. 10028500 FILENAME: T.1201OT189311U)WMCROSSING FILESICIIYOFBEAUNONRCITYOFBEAUMONT.dn9 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston TX 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 30-inch ethane pipeline crossing a 12" Sewer Line and a 20" PVC Waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: 0 License Agreement fee - $500.00 ® Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The ,annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. v All pipelines crossing public rights -of -way shall be bored fiom right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department . of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other utilities. 2 Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. ® Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. ® Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. • Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits. or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 3 • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private properly. • A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire (Department and Public Work's Department. Licensee shall fully cooperate with the Fie Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. a The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs .associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. • Permits which allow lines to be maintained or constructed in City right-bf--way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • Installation will be done in accordance with all City standards and statutes of the State of Texas. • Licensee shall firn ish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 9 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life ofthe pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. m Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide, that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. © Licensee shall indemnify, save and hold harmless the City of Beaumont fiom any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. W Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll flee, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of " such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to- respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the. grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who .may be responsible for damages to Licensee's facilities. s Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to" relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of-way. 6 NOTIFICATION/INSPECTION: 9 Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. s Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services maybe billed to the Licensee and such amounts will be reimbursed to the City. v Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment fiom the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O. Box 4324, ATTN: Timothy J. Dyk Attn: City Manager City and State of Licensee: Houston, TX 77210-4324 7 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the properly of the City. There will be no reimbursements. Commencement' of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC ATTEST: Secretary y� JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS 5 EXISTING SEWER LINE X- 1,304,248.94 Y-10,887,980.83 EXISTING G=LINE LONG. 94°03'44.25" FxI��.. EXISTING � 12"Sn LIN, EXISTING 21„ P TER it PROPOSED z 30" PIPELINE l w z o , DAVID A. CUNNINGHAM A-15 Scale: 1" = 60' 60' 0 30' 60' PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD E LINE EXISTING 20" PVC WATER LINE X- 1,304,241.10 Y-10,887,970.89 LAT. 29°59'40.50" LONG. 94°0344.34" w w z z J J of F � Q U) n CROSS-SECTION 30" PIPELINE No Scale PROJ. MGR.: UP C. H. Fenslermaker & Associates, L.L.C. FENSTERMAKER 135Regency Sq. Lafayette, LA70508 CHIEFINSP.: Ph.337-237-2200 Fax.337-232-3299 www.fenstermaker.com DATE: 05-02-201 4-� Texas Firm No. 10028500 FILENAME: rvDII SHEET 2 OF 3 'RISE TE PRODUCTS PIPELINE COMP, PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS REVISIONS DATE:.08/28/2019 I REVISED BY: JPR DATE: O6/17/2019 REVISED BY: TNV ,FILESICITY OF BFAUMOMICITY OF BEAUMONT UnUTIES XINGS -30IN PLd,,g 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC I,2 PIPELINENAME; MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE IA PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT') STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2A DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 6.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API-51- 5A GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINENAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT., ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT") STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API51- 5A GRADE: X70 (70.000 PSQ 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30 -40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINENAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT' STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE"AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102, "STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS". 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.441" 5.3 PIPE SPECIFICATION: API-51- 5.4 GRADE: X70 (70.000 PSI) 5.5 MATERIAL* CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) SHEET 3 OF 3 PROPOSED 30" PIPELINE BORE DESIGN DATA PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS ��.` rDATEE: R" LJB REVISIONS ;I C. H. Fenstermaker 8 Associates, L.L.C. FENSTERMAKER 13 Sq. 2323299P.: N0.1 DATE:OB/28/2019 REVISED BY:JPR www.fenstermakar.c0m 2-2019 NO.D DATE:06/17/2019 REVISED BY.,TNV Texas Firm No.10028500 Ti2B1BmBB11liowOCROSSB4G-FaeSIaTYOFBeAUIIDImCITYOFBEAUIaoNLa,,e 116 Venture Blvd P.O. Box 3106 v_ `_ �� r� Houma, LA 70361-3106 AV AV AV' AV M � � Alff / M t AWAV AU IrAW AV 1 /WW AV Aff (985) 879-2731 VOICE 1 lI�®r6'ys P.'Vabeny In (985) 876-9052 FAX client focused solutions September 5, 2019 Hand Delivery City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 RE: Enterprise TE Products Pipeline Company LLC Proposed 30-Inch Pipeline Application for Pipeline License Agreement Dear Ms. Hardy: Job No. 13221-00 One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 (713) 219-1470 VOICE (713) 219-1471 FAX Enterprise TE Products Pipeline Company LLC is respectfully requesting authorization to install a 30-inch carbon steel pipeline buried within the city limits of Beaumont, Texas as more fully shown on the enclosed drawings. The proposed pipeline will be installed via horizontal directional drill, conventional bore, and open -trench methods and is intended to transport ethane. The project will cross a 20-inch city waterline and a 12-inch city sewer line located east of WPA Road and north of FM 3514. A minimum clearance of 5-feet will be maintained between the existing utilities and the proposed pipeline. Enclosed for your review is a Pipeline License Agreement application package, associated permit drawings, and the required Certificate of Insurance. A check made payable to the City of Beaumont, in the amount of $567.50, for the required license agreement fee is attached. A bond in the amount of $1,000,000 is also enclosed. Please send all correspondence and permits to Michael Capello at Morris P. Hebert Inc., P.O. Box 3106, Houma, LA .70361. Should you have any questions or require additional information, please do not hesitate to call me at (985) 853-3943. Sincerely, Michael Capello Vice President of Regulatory and Environmental Services Enclosures Page 1 of 1 Surveying • Engineering • Environmental Services o GIS Enterprise TE Products Pipeline Company LLC Beaumont Fee Calculation (Inside City Limits) Fee Name / Location ROW Crossing Length Fee per Unit Crossing Fee Totals License Agreement Fee $500.00/Application $500.00 FM 3514 — 20" Waterline and 12" Sewer 30' $2.25/ linear foot $67.50 TOTAL FEES $567.50 f CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston TX 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 30-inch ethane pipeline crossing a 12" Sewer Line and a 20" PVC Waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee - $500.00 • Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. • The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other utilities. 2 Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable. satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. • Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) m advance. • Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. c • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. • Permits which allow lines to be maintained or constructed in City right-of-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: • Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 E Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. • Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. • If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: • City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Wi Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. • City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. • Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of-way. 6 NOTIFICATION/INSPECTION: • Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. • Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O. Box 4324, ATTN: Timothy J. Dyk Attn: City Manager City and State of Licensee: Houston, TX 77210-4324 / 7 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement' of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Mapagqr and the seal of the City to be herewith affixed by the City Clerk, this _- day of D, , A.D. 20 19 . ATTEST: 0 Secretary Y OF BEAUMONT, TEXAS L I � Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC !. Llk� v Aim ka ge, -,Js 4k X 4 01 1) 1,11. ll'kt 4. !X= 130548723 y 0.893,322 80 L;T.I= N 30*00'33.60"' ar —Al IN . An A - Tl Hie, _j n) 4v_ 101 ;W-1 83 (2011 X!X% k�X� 1.3D5,48 23 Y= P- 10 893 3M8O 3 4.4 A 04, IV- =FENIMEAMAKERI INQ �pr JEFFERSON COUNTY, TEYAS �49 BEAUMONT CITY LIMITS 9� C?� EXISTING SEWER LINE 5 X- 1,304,248.4 Y- 10,887,980.83 EXISTiN EYro�G PIPuNE ONG.94°D344.25" _ .. LINE ExZZZ 12" ZK'ER LINE EkISTIlyG 20„ PV� 7ER L��� .. _ TREE LINE PROPOSED EXISTING 20" PVC WATER LINE 30" PIPELINE X- 1,304,241.10 Y-10,887,970.89 LAT. 29`5940.50" LONG. 94°03'44.34" DAVID A. CUNNINGHAM A-15 Scale: 1" = 60' 60' 0 3060' PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD w w z z 7 w � Q � rn CROSS-SECTION 30" PIPELINE No Scale SHEET 2OF3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES J FFERSON COUNTY, TEXAS PROJ. MGR.- LJB REVISIONS C. H. Fenstermaker 8 Associates, L.L.C. FENSTERJ AKE 135 Regency Sq. Lafayetto, LA 70508 CHIEFINSP.: N o.ATE.gB/28/2019 REVISED BY:JPR Ph. 337-237-2200 Fax. 337-232-3299 „- www.fenstermakar.com DATE:05-02-2019 REVISED BY:TNV Texas Ffmt No. 10028500 FILENAME: T.'OimlemnmwaermssING-FU NoFavivarrngttoFeenubonrunLmEsxNGs-aowat.dag 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINENAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF COOT' STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 22 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE:1 B50 PSIG MIN. 2.4 DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER 30" 52 WALL THICKNESS: 0.835' 5.3 PIPE SPECIFICATION: APISL 5.4 GRADE: X70 (70,000 PSq 5.5 MATERIAL: CARBON STEEL 5.8 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) 830-40 MILS ARID 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF (°DOT' STANDARD CFR TITLE 49, PART 195, TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNE'AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 22 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD LINE PIPE 5.1 OUTSIDE DIAMETER 3D" 5.2 WALL THICKNESS: 0.635' 5.3 PIPE SPECIFICATION: APISL 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVMES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF COOT) STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102,'STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS". 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 6.0 LINE PIPE 5.1 OUTSIDE DIAMETER: 30' 62 WALL THICKNESS: 0.441' 5.3 PIPE SPECIFICATION: APISL 5.4 GRADE X70 (70.000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FEE) SHEET 3 OF 3 PROPOSED 30" PIPELINE BORE DESIGN DATA PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR::.LJB REVISIONS Tah mmamC. H. FenstennakerBAssodates, LLC. FENSTERMAKER 13 Regency-237-2 q.Lafa00 yette, L 20508 CHIEF INSP.: No. 1 DATE: 08/2812019 REVISED BY: JPR -3299 www.fenstermaker.com DATE:05-02-2019 No.DATE:06/17/2019 REVISED BY:TNV Texas Firm No. 10028500 FILENAME: T.1101B21miDW(;1(YDwNGJILEsawoFBEAumoNw1Y0FaEwoNrd, ��'���® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYI'Yl') Derzsrzols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME:NT Aon Risk Services Southwest, Inc. Houston TX Office PI{D�� rA1C.Nc.E.* (866) 283-7122 rkC,No,i, 800-363-0105 5555 San Felipe Suite 1500 EMAIL A �' Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC q INSURED INSURERA: old Republic Insurance Company 24147 Enterprise TE Products Pipeline Company LLC 1100 Louisiana Street, loth Floor INSURER B: INSURER c: Houston TX 77002 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570078033363 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested IN LTR TWEOFINSURANCE TYPE INSD SWVD POLICY NUMBER (MMIp�Y_EFF. L� (PgpCpY_EXp_ LIMITS A X COMMERCIAL GENERAL MWZY31308819 04/18 20 9 04 18/2020 EACHOCCURRENCE $1,000,000 ILIABILITY CLAIMS -MADE I x I OCCUR L_t D O RENT PREMISES (Ea occurrence) $1, 000 r 000 MED EXP (Any one Person) Excluded -Each Ocrane PERSONAL&ADV INJURY $1,000,000 GXEMLAGGREGATE LIMIT APPLIES PEt GENERAL AGGREGATE $6,000,006 POLCY JEC lT — Lac PRODUCTS -COMPIOP AGG $2,000,0— OTHER: A AUTOMOBILE LIABILITY MWTB 313086-19 04/18/2019 04/18/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY( Per person) X ANYAUTO OWNEDAUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIREDAUTOS NON -OWNED ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR Mwzu31362819 04/18/2019 04/18/2020 EACH OCCURRENCE EXCESS U AB M CLAIMS -MADE AGGREGATE $5 , 000 , 000 DED I RETENTION Each Claim $5 , 000, 000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE N OFFlCERIMEMBER IXCLUDED7 N/A MWC31308519 04/18/2019 04/18/2020 pER NTH X STA. ER E.L. EACH ACCIDENT $1, 000, 000 EL DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) Des IPTIOe under DESLARIPTION OF OPERATIONS below EL DISEASE -POLICY LMITf $3_,000 000 ( r DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remark. Schedule, may be attached It more space le required) certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. 1 The insurance available to any person or organization qualifying as an additional insured will not exceed the minimum coverage and limits required by the contract or agreement between the Named insured and the Certificate Holder. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Beaumont AUTHORIZED REPRESENTATIVE PO Box 3827 Beaumont TX 77704 USA ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 26 (2016/03) The ACORD name and logo are registered marks ofACORD Y et � � Arch Insurance Group LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Enterprise TE Products Pipeline Company LLC as Principal, of 1100 Louisiana Street , Houston TX and the Arch Insurance Company, a Missouri (Street and Number) (City) (State) corporation, as Surety, are held and firmly bound unto City of Beaumont , as Obligee, in the sum of One Million Dollars and 00/100 Dollars ($1,000,000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 28th day of August 2019 . THE CONDITION OF THIS OBLIGATION IS. SUCH That WHEREAS the Principal has been or is about to be Plpelme LlcensJAgreement for city of Beabmont ApplicaUdn for the 30-Inch granted a license or permit to do business as ethane pfpellne crossing a 12" sewer Une and a 20" VC Waterline. A37120 by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. This bond is for the benefit of any person who is damaged by an act or omission of the applicant constituting breach of a construction contract or breach of a contract for the furnishing of labor, materials or professional services to construction undertaken by the applicant, or by an unlawful act or omission of the applicant in the performance of the construction contract. PROVIDED, HOWEVER: 1. This bond shall continue in force: Until August 28, 2020 , or until the date of expiration of any Continuation Certificate executed by the surety OR Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. Enterpdse,TE Products Pipeline Company LLC Principal Bye_, I Arch InsRtance Com anv 01 By reh O. Moudy , A -Pact Surety Phone No. Bond Number: 1159478 GM00280652 �Ef 7E� EZEF ft-W�WER OFA MMEM RID D ON BLUE BACKGROUND. ThiM-- wd=F=%TA7tt&nqy- limits the acts of those named herein, and they have no authority to-bind---J he Comp nAMEX q—W ftb a manner and to the extent herein stated. Not valid for Note, Loan, Letter of CrRdii=- W�W!Werest R&O l si nto Value Guarantees. POWER'10F ATTORNEY Know All Persons By These Presents: SE i9k MF aff im ug� mi 5M _Agg That the Lzh A Ins-urarn many, a c r afficm — a existing Wder ibwTaws 61Me State of Missouri, having its principal -b adminVxa0eWicZrFer MaAfffir�Te erred to as the "Company") does hereby appoint: .%�Aflty, New Alyson Carmichael, Ashley Britt Platt, Barry K. McCord, David T. Miclette, Heather.-Nol z: —ft JW-E-Latffi�ren O. IWoM yM ikft Jeannette, Rita G. Gulizo, Robert C. Davis, Robert M. OveLbey Su ara— ZdbitW.-[� --HoustoriM;=- palowsMaW T -miffif ST Be Mimi ME 32 det naa-RtF,7 execute, �trp WdZwful AttdW(s rIM-F cute, W-81, and deliver from the date of issuance of this power for and on its behalf as sear its act aRnee&=== Any and all bonds, undertakings, recognizances and otheraurgL%,QbligatiomM[n=1We h UIRr weeding Ninety Million Dollars ($90,000-00 0.00. his authdO&Z EftiMiMame obligaflon 015=6 sprit into two or more bonds In order to bring each such bond within the dollar W Z "it of authWnTy aiPlIffifforMherein. The execution of such bonds, undertakings, re and Afflima cognizances L-sqM 7-0ftations iMparsEmcamfM esents slia'Ir be ag-- n)C31s----fL§ O—b-amply tXZb1XMn0phis-W9hq�- s, as M binding upon the said p�e FWB saffl—e--haPb=e(in duly executed and aeknpw1gdG01* it r -9m princip inTW48416rin Jersey City, New Jersey. gy s reg a=m Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of DirectdRopffi ft-- qMpgm UAWXA� on September 15, 2011, true and accurate copies of which are hereinafter seLfcfdh affld�-6aFMMW-bertified !Wtq� Cl Secretary as being in full force and effect: gig A901ED,Tha -h--RtWr�gDvt-tlffaeward, the ]Midrnt�a h�!Wutive Vice President, or any Senior Vice President, of the Surety ;NEE �E M- sMss Divi§M or Iffl; -*Le. =Wappoin aes designated in writing and filed with the Secretary, or the Secretary shall have the po-Wer and Mity to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations s� f dhin thairMbspective 00br-g-FoW attorney, to execute on behalf of the Company, and attach the sea] of -the Com -thereto, doM, Weffa-ftorwbgnizance�g - — � other surety obligations obligatory in the naturq- &eLeof, and ofibHON meffi*aompaQ�y 6M�o W ag-effl-Tor acceptance of process.- SF jfga� Mi Si =Zh&qWM0f *Key is sighbg, seaTdd andcertifiedby facsimile under and by authority of the following resolution adop;gd& Mau �inanirnous Consent of the Board of Directors of the Company on September 15, 2011: M1 giE 7M OIL Aff W ME VOTED, That the signature of the Chairman of thaiBo-AM J11979re0d_ff Mthe Exed-Ratiwe Mme--ab ftk-hM-Ro-r any SenOFVice President, of the Surety BWn(M Jrriheit appoinf&4 ddobnMd36M-ng and films -the Secretary, and the signature of the W with V-6dWraft the se-amsWhe-EE;o"0,3-MiT6ertification�sFby t�he�ecretary, may be affixed by facsimile on any power of attorney or bond V-WthE�WoluM, , -, :; on —adopted by the Board of Directors on September 152011and any suchpoAerso exei exec Mciff Agj Mealed �and certified with respect to any bond or undertaking to which it is atikhed, shall continue to-9 aid-OHMg upm%ff Company. 2F EF 7mia W BT M OOMLOO13 00 03 03 , M— N Prints in U.S.A. N W f IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: You may call Arch Insurance Group's toll -free telephone number for information or to make a complaint at: 1-866-413-5550 You may also write to Arch Insurance Group at: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 00 ML0042 44 04 16 Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Arch Insurance Group para informacion o para someter una queja al: 1-866-413-5550 Usted tambl6n puede escribir a Arch Insurance Group: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunlcarse con el Arch Insurance Group primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Page 1 of 1 Job No. 13221-00 116 Venture Blvd vANk `r i P.O. Box 3106 r 7 r>t Houma, LA 70361-3106 AV AV AV s AV AV AV AV / t // M M AV AV AWREW AV M (985) 879-2731 VOICE Heb,94 Inc (985) 876-9052 FAX ,®nfs client focused solutions September 12, 2019 City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 RE: Enterprise TE Products Pipeline Company LLC Proposed 16-Inch Pipeline Application for Pipeline License Agreement Dear Ms. Hardy: One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 (713) 219-1470 VOICE (713) 219-1471 FAX Enterprise TE Products Pipeline Company LLC is respectfully requesting authorization to install a 16-inch carbon steel pipeline buried within the city limits of Beaumont, Texas as more fully shown on the enclosed drawings. The proposed pipeline will be installed via horizontal directional drill, conventional bore, and open -trench methods and is intended to transport ethane. The project will cross a 20-inch city waterline, a 12-inch city sewer line, and a 16-inch waterline located east of VWPA Road and north and south of FM 3514. A minimum clearance of 5-feet will be maintained between the existing utilities and the proposed pipeline. Enclosed for your review is a Pipeline License Agreement application package, associated permit drawings, and the required Certificate of Insurance. A check made payable to the City of Beaumont, in the amount of $635.00, for the required license agreement fee is attached. A bond in the amount of $1,000,000 is also enclosed. Please send all correspondence and permits to Michael Capello at Morris P. Hebert Inc., P.O. Box 3106, Houma, LA 70361. Should you have any questions or require additional information, please do not hesitate to call me at (985) 853-3943. Sincerely, Michael Capello Vice President of Regulatory and Environmental Services Enclosures Page 1 of 1 Surveying • Engineering o Environmental Services c GIS Enterprise TE Products Pipeline Company LLC Beaumont Fee Calculation (Inside City Limits) Fee Name / Location ROW Crossing Length Fee per Unit Crossing Fee Totals License Agreement Fee $500.00/Application $500.00 US 93 — 20" Waterline & 12" Sewer in same ROW 30' $2.25/ linear foot $67.50 FM 3514-16" PVC Waterline 30' $2.25/ linear foot $67.50 TOTAL FEES $635.00 L CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston TX 772104324 Attu: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $635.00 (for the 16-inch ethane pipeline crossing a 12" sewer line, a 20" PVC waterline, and a 16" waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 16" waterline S of FM 3514 in 30' ROW 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee - $500.00 • Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. • All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. • The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other utilities. 2 Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. • Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. • Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement. is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. • Licensee shall provide copies of all necessary agreements to be obtained from other -City, Departments. M • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private properly. • A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. • Permits which allow lines to be maintained or constructed in City right-of-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • Installation will be done in accordance with all City standards and statutes of the State of Texas. REOUI ED COVERAGE: • Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 rd Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. • Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. • If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employee's in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: • City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, . to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility. of . the company obtaining said permit. 5 Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided ,to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. • City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. • Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street , alley, easement or other right-of-way. R NOTIFICATION/INSPECTION: • Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. • Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O. Box 4324, ATTN: Timothy I Dyk Attn: City Manager City and State of Licensee: Houston, Tx 77210-4324 7 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Managd the seal of the City to be herewith affixed by the City Clerk, this _� day of r anA.D. 20j_q__. 01 CITY OF BEAUMONT, TEXAS Y: Kyle Hayes, City Manager 14. 1104 City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: Title' un yk, Agent & Attorney -in -Fact ATTEST: By: mw S . Secretary lie WAR Jilitl I� R• may-+.'•_'R�i�l'2'�'" '• .:.As: 1^i; s• .a:, • '' fr„ 1 �;� •� to >� T"i �r+•;ti �� i •jai y• �• �\_ ��';• *i;,�ti�;Y�r r• h { r, '���. 5, ZZ Pd pa �Er.Yr� %i `dry,# , v: `�`- �. "1 {•;rrr.,:�i'` _ x r�• �fJl ;yrrrrnrnn�� )�: J , ��I*It-a7�1.1 '� _ ,�' ^ � ♦ '�,9 C` ..•Ip. 13 ' r t7, f:'�4 � d* . Aa �e1 � `� ' ': ��• *. � �C � �' f +rs+ . 't'�n ��''s�• i r ..� r I r W i\, �,1 C � ! ': ♦ • spy. of sai s- 1 \? . t � �, R •y, Itin� i - 3n»n:rmmmm::imrrm: \ Y .��� , •. rI' 83(201 ly1 `°1 ••L�` ar I ��.r ;µ' .�>• ill � r- � i' • , •; }' �2tia JEFFERSON COUNTY, TEMS EXISTING AIR LIQUIDEPL -o n BEAUMONT CITY LIMITS °2 op EXISTING UNKNOWN God NATRUAL GAS PL oy PROPOSED 16" PIPELINE EXISTING SUNOCO PL =STING w PROPOSED PIPELINE INSTALLED BY Z CONVENTIONAL BORE METHOD w z (a m rq N (7 0 Z F Z F rn rn L� N.G. I i N.G. 5' MI IN. 5' MI IN. L PROPOSED CROSS-SECTION 16" PIPELINE No Scale may. PROJ. MGR.: LJB H. Fenstennaker & Associates, L.L.C. 135 Regency Sq. Lafayette, L4 70508 CHIEF INSP.: FENSTERIVIA ER Ph. 337-237-2200 Fax. 337-232-3299 _` www.fenstermaker. com DATE: 08/23/2019 Texas Firm No. 10028500 FILENAME T:1201 SHEET 2OF4 SE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS REVISIONS No.0 DATE:08/29/2019 REVISED BY:JPR NO. DATE: REVISED BY: 1883111DW=ROSSING_RLESICIIY OF BEAUMOM MTY OF BEAUMONT.dwg PROPOSED PIPELINE BORE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 13 PRODUCT; ETHANE I PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DE8IGN DATA 21 DESIGN CODES THE DEPARTMENT OF ('DOT') STANDARD CFR TITLE 49, PART 195. `TRANSPORTATION OF HAZARDOUS UQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, "STEEL PIPELINE GROSSING RAILROADS AND HIGHWAYS' 2.2 DESIGN PRESSURE 14BO PSIG 23 HYDROSTATIC TEST PRESSURE 11150 PSIG MIN 24 DESIGN FACTOR: a5 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PPELINEWLL 9E INSTALLED BY HOD 5.0 HOD CARRIER LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00' 62 WALL THICKNESS 0.50T 53 PIPE SPECIFICATION: API 5L 5A GRADE X52 (52,000 PSI) 5S MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING:15.22 MILS FUSION BONDED EPDXY (FSE)83D-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAMEBEAUMONTTo PORTARTHUR 1.3 PRODUCT. ETHANE 1.4 PROPOSED CONSTRUCTION ACTMTIES SCHEDULED FOR NOVEMBER 2019 -2020 20 PIPELINE DESIGN DATA 21 DESIGN CODES THE DEPARTMENT OF ('007') STANDARD CFR TITLE 49. PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE'AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASMEAPI 1102,'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT -1 4.0 CONSTRUCTIONMETROD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT SA UNEPIPE 5.1 OUTSIDE DIAMETER: I8.D0' 52 WALL THICKNESS0375- 5.3 PIPE SPECIFICATION: API SL 5.4 GRADE X52 (S{0DO PSI) 5.5 MATERIAL CARBON STEEL 5.8 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FBE) 1.0 GENERAL INFORMATION 1.1 APPLICANTIOVOIER ENTERPRISE TE PRODUCTS PIPEUNE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT. ETHANE 1.4 PROPOSED CONSTRUCnONAC11VMES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF COOT-) STANDARD CFR TITLE 49, PART 196. 'TRANSPORTATION OF HAZARDOUS UQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPEUNE SAFETY RULES AND ASME API 1102. STEEL PIPELINE GROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE ISM PSIG MIN 2A DESIGN FACTOR: 0.72 3A CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 1 4A CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: IB.DO' 52 WALL THICKNESS 0.500' 53 PIPE SPECIFICATION: API SL 5.4 GRADE X52 (52,OOD PSO 55 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING:15-22 MILS FUSION BONDED EPDXY (FBE)830-40 MILS ARO C. H. Fenstennaker&Associates, L.LC 135 Regency Sq. z3LA 70508 FENSTERMAKER h. 337-23 Lafayette, Fa3- 232-3299 www.fenstormaker.com Texas Finn No. 10028500 SHEET 4OF4 :NTERPRISE TE PRODUCTS PIPELINE COMP; PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS 0J. MGR.: LJB REVISIONS IIEF INSP.: No.O DATE:08/2912019 REVISED BY: JPR TE 08/23/2019 No. DATE: REVISED BY: ENAME T.vol=BB3ilUWGnMSM-RECrrYOFBEAUTAWMTYOFBEAUMONThn '46� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) OS/29/2019 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office WE NAt{o1NEE `AIC.No.Ezq: (866) 283-7122 �,Nn,); 800-363-0105 5555 San Felipe Suite 1500 L &D�' Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC S INSURED INSURERA: old Republic Insurance Company 24147 Enterprise TE Products Pipeline company LLC 1100 Louisiana Street, loth Floor INSURERS: INSURER C: Houston TX 77002 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570078033363 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING -ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. SHOWN MAY HAVE BEEN REDUCED BppY�pLLIPAID Limits shown are es requested LTR TYPE OFINSURANCE IN gLIIMgIITS WVD POLICYNUMBER EE F�CLAIMS. (MtA/DYWA � (MTA/ODYM) LIMITS A X COMMERCIAL GENERAL LIABILITY MWZY31308819 04/18/201 04 8 2020 EACHOCCURRENCE $1,000,000 CLAIMS-v1ADE X -OCCUR DAMAGE PREMISES (Pa occurrence) $1,000,000 MED IXP(Any one parson) Excluded 'Each Occurrence PERSONAL& ADV INJURY $1,000,000 GENLAGGREGIAT�E LIMITAPPLIES PER GENERALAGGREGATE $6,000,000 X POLICY ' IjEGT I ILOC ! 1. II—� --ill PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY MwTB 313086-19 04/18/2019 04/18/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY ( Per person) X ANY AUTO OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) HIREDAUTOS NON -OWNED ONLY AUTOS ONLY A occuR MWZU31362819 04/18/2019 04/18/2020 EACH OCCURRENCE 4U�M.B�-a LAIMS-MADE AGGREGATE $5,000,000 N Each Claim $ 5 , OOO , OOO A WORKERS COMPENSATION AND EMPLOYERS'LWBILITY YIN ANY PROPRIETOR / PARTNER / E(ECUTNE OMCER/MEMBER EXCLUDED? N/A N/A MWc31308519 04/18/2019 04/18/2020 pEp ATµ. X STATUTE ER EL EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1, 000 , 000 (Mandatory In NH) If yyeess describe under DESL�RIPTION OF OPERATIONS below E.L.LIB DISEASE -POLICY M 1,000,000 $1,000,000 ( DESCRIPTION of OPERATIONS / LOCATIONS / VEHICLES (ACORD 1D1, Additional Remarks Schedule, may be attached if more space Is required) certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability ! policy. The insurance available to any person or organization qualifying as an additional insured will not exceed the minimum coverage 1 and limits required by the contract or agreement between the Named insured and the certificate Holder. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Beaumont AUTHORIZED REPRESENTATIVE PO Box 3827 Beaumont TX 77704 USA ©1988-2016 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks ofACORD cur. 0 0 n Liberty 2200 Renaissance Blvd. Ste. 400 `' King of Prussia, PA 19406-2755 Mu uil® Ph. (610) 832-8240 SURETY LICENSE & PERMIT BOND Bond Number: 58S212805 KNOW ALL MEN BY THESE PRESENTS, that we Enterprise TE Products Pipeline Company LLC 1100 Louisiana Street Houston. TX 77002 as principal (the "Principal"), and Liberty Mutual Insurance Company , as surety (the "Surety"), are held and firmly bound unto_ City of Beaumont as obligee (the "Obligee"), in the penal sum of One Million Dollars and 00/100 Dollars ($ 1, 000, 000. 00 ), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a license or permit for 16" lateral-AFEA37120 for the term beginning the 6th day of September_, 2019 , and ending the 6th day of September 2020 , and this Bond is intended to cover the term of said License or Permit. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the license or permit is issued to the Principal, and If Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain In full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force. 2. This bond shall continue in force until (surety shall elect either option a or b) ® a. the 6th day of September 2020 , or until the expiration date of any Continuation Certificate executed by the Surety. ❑ b. the Surety notifies the Obligee in writing of its cancellation of the bond., The Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 1 Any claim under this bond must be presented In writing to the Surety to the attention of The Surety Law Department at the following address: Interchange Corporate Center, 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462-1644. Should the address of the Surety change, then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety. DATED as of this 6th day of September 2019 WITNESS / ATTEST Enterprise TE Products Pipeline Company LLC (Principa By: (Seal) e Liberty Mutual Insurance Company (SuN"4y By: (Seal) o -in=Fact LMIC-6500 Rev. 03104 r ,t This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. libel Liberty Mutual Insurance Company mutt .l® The Ohio Casualty Insurance Company Certificate No: 8201246 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley Britt Platt, Alyson Carmichael, Robert C. Davis, Tabitha Dorman, Nikole Jeannette, Kristi Lovett, Barry K. McCord, David T. Miclette, Lauren O. Moudy, Heather Noles, Robert M. Overbey, Jr. all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 Oth day of May , 2019 . Liberty Mutual Insurance Company INSUR VTY INS& 0 %NSU� The Ohio Casualty Insurance Company oaPO"raTgyn yJP°oaPORaT�y `GP°oaPOtgr y° West American Insurance Company J3 Foci Q3 Foci �3 `06+ 1912 0 1919 g 1991 d�9sSACHU9�•C'.da3' y°HAMPS�`,aL3� `(s �NDIANP da r By: na\nrl AA (".Arav AQQicfnnf CP/`ratnm State of PENNSYLVANIA ss County of MONTGOMERY = I On this loth day of May 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurancel— 0 0 — Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes — (D > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � w �0 0 0 N do C 0) m tT a)0) C c EC- - �a) 02 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. PQgr �� F{ COMMONWEALTH OF PENNSYLVANIA Qk' ,a°rtry� CTS y OF Notarial Seal Teresa PasleAs, Notary Public Upper MedonlWp., Montgomery County By: My Commission Expires March 28, 2021 eresa Pastella, Notary Public Ord J� Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE N— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to'the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be. as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognhnces and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon'the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of "/AJ •yJ�q 1NSUR %,AY INS& 1NSU'o ` �JQ u°aao�r 9yo c�Jp Gok`Portyr PgGP ae0 2 Cr 1912 ° 0 1919 0 g 1991 QC � s m o a a By: d�9smgcHUS�`�.da y° �if.HgMPga��aS� `!s 'N010;' .da Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Mufti Co 062018 `oCD 0 ca 0 ca 1 p �C:) .� M o N no > CD am C• � N M c CO o C� 0 — o C° Libertx mutu . SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll -free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: hllp://www.tdi.texas.gov E-mail: ConsumerProtectionna,tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una quej a: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP70680901 LMS-15292 10/15