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HomeMy WebLinkAboutRES 13-208 RESOLUTION NO.13-208 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant four(4) Pipeline License Agreements to Enterprise Refined Products Company, LLC, LLC, substantially in the form attached hereto as Exhibits "A," "B," "C," and "D" to install one (1) eight inch (8") pipeline, one (1) fourteen inch (14") pipeline, one (1) twenty inch (20") pipeline and one (1) thirty inch (30") refined product pipeline, respectively, which will cross one (1) twelve inch (12") water line easement on the East side of US 69 in the TxDOT right-of-way and will also cross one (1) eight inch (8")sanitary sewer easement and one (1)eight inch (8")water line easement on the East side of SH 347 in the TxDOT right-of-way within the city limits of Beaumont for the purpose of transporting refined products, said pipelines are to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of September, 2013. .��►�\\��� r� 14 W Mayor Be Ay Ames - l COST OF LICENSE: Licensee shall nuke payment to the City of Beaumont as follows: 0 License Agreement fee - $500.00 0 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 arid 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 Engineer?ng 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: 0 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 fro 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 arnival fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. 0 All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Witl-iin these limits, the pipeline shall be protected by casing or other method approved by the City acid/or the Texas Department of Transportation. 0 The pipeline shall be constructed in such amanner as approved by the City so as it does not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lilies or storin drainage lines, unless otherwise authorized by the City and/or Texas Dcpartnielit of Transportation. Such g•ades and lines shall be indicated on )-nal-)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 dae, City, nor with sanitary sewer lines, waterlines, or other utilities. Danjage to existing ditch grade during construction or maintenance of the Z:� 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 back-filled 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 mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operatiolis 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 OfthiS 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 cirounistances, as deemed necessary by the City Engin;.er, will open cuffing of 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, oil under, above, or across property not owned by the City shall require additiolial permission by the owne*).of- le-prol)crty involve& Written proof of said penuission 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. 3 o Any licenses,perinits or agreernerits required by another governmental entity (County, State or f7oderal) 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 clocamentation 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, • Licensee shall be responsible for acquiring all agreenients necessary for the 4n lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaurnont 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, casements or other property. Once the pipeline, is in operatioii, 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 inunediately by Licensee at it's own,cost, * The Licensee shall be responsible for the cleanup and reniedialion of contaminated areas due to exposure or release ol"product and any and all costs associated with said cleanup and remediation. * !'he Licensee shall be responsible for any and all costs associated with the relocation of th'the pipeline, As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City mid/or the Texas Department of Transportation. o 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 Aor eeinent- e, (See Cost of Licells" 'r Installation will be done in accordance wifli all City standards and statutes ofthe State oj`I`#xas. 4 REQUIRED COVERAGE, Liceiisce, 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 n-rininium,coverage: • Bodily injuries: S 300,000.00 per person 51,000,000.00 per incident • Property Dainage: $1,000,000.00 S-uch 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 (1 S) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o 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, License-, shall indemnify, save and hold harmless the City of Beaumont frorn 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 indeinnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising frorn actions taken or occurreaccs under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respe,et-darnagpia or-injured by Cit, or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the properly mentioned herein: 5 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 dmnagc Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTI"UCTIONIMAINTE NANCE WITHINR.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.V7. involved with this license. .1 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. 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 frainc shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 0 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 prop*er by City in, across, along, or under a-ay of the streets, alleys and easenwnfs, and to change any crab or sidewalk or the grade of any said streets. In doing or permitting -Y t- 9 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 conLractor orthird party who may be, responsible for d-arn.4gcs to Licensee's facilities, 6 o 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 dermaided 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 t=ie 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 Deputnient 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 pat of the cost of any change involving relocation, altering, encasing, boring, or changing in any niarmer of the pipeline where same is in a City street, alloy, easement or other right-of- way, NOTIFICATION/INSPECTIONS: * Any and all work to be performed on City right-of-way (R,O.W.) shall be observed and inspected by a City representative. Puiy work to be porfornied 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 aniounts will be reirribursed to the City, o Licensee shall notify the Engineering Division at least forty-eitg3lit (48) hours prior to completion of work and removal of equipment from the job site to permit the City to inake an inspection. 7 SPECTAL CONDITIONS: Nonassianabje 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 riot 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 deli�70ry or by registered or certified mail, postage prepaid with return receipt requested. Mail liotices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Refined Products CoLnpal)y LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee:l-10ust011JX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City En-gineer. 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, Commenceinew of NvorL- on the pipeline by Licensee after the date of this fully exeGuted license shall be construed as evidence of Licensee's acceptance and approVal of the conditioms above, set forth. iN WITNESS WHE REOF, flic City of Bcaumojit,Texas,has;caused these pmsents io be signed by its City Manager and the seal of the City to be hexewiffi-affixed by the City Clerk, this __day of A.D.20---, CITY OF BEAUMONT, TEXAS By'"—.— JCyle I-layes,City klanager ATTEST: City cl-crlc APPLICANT'S COMPANY NAME: (Licensee) Enterprise Refined Products CompLtivy JLLC Re", rated by ............ Title ATTEST: 13y: t -SeoretaTy 9 Rmised 32-14-2007 JEFFERSON COUNTY, TEXAS `y- PELHAM HUMPI HRIES SURVEY A--32r wy �„ �����/ . � K�,� ! r.��` ' Z�S 1.,..-�f �,\Ci1 �� R r �C;/ l � ��'.�. .. t• .� ,`>AEAi3A1C)PFTaryLMTS ` Isfq _� ��-�` o PROPOSM S5 f ;,� 13-120 _ �: t �� 6 ♦ `_".. .. r ties, n° ti�f EWBWRW .p kN ` �oeQ o r PROJECT T ' LOCATION ` . >•. J { < ►i 3-12 (1 •C PBCIPO;�D �°o) Ad(D) 1 ':> ro� � ✓. 0 � .e �; _ 8EN75WFdSE a1 O (�'3♦... t\i of \` �� E . r � o � 0� !'^01 r O�:01.t0 ( "���� 1(o3 r 1 ��'�''' �,. i• (��T ^ T(ol 07 a(o�bo(°�` 1 a�o)�(�)`�b(ol j/ 4fBy NOTE: VICINITY MAP STATE PLANESC�oCN��rsrEM, NAD REFER 3 SOUTH CTEXAS t GRAPHIC SCALE OUAO MAP, a ZONE US SURVEY FOOT AS DERNEO FROM A CLOW � BEAUMONT EAST, TEXAS (30094-At) HEREIN ARE BASED ON GGReOTATiC SURVEY. DISTANCES SHOWN 0 1D00' 2000 4000* b I .t N0.i DATE REV. STI REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC VICINITY MAP PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT v JEFFERSON COUNTY, TEXAS m DRAWN BY: TGH SHEET: 1 OF 4 CHKD./APPD, BY:MC SCALE: 1"=2000' u s ��. ®• e g '� Morris P. Hebert, Inc, UPDATED BY: TH DATE: 09/09/13 SURV EYING•ENGINEERING•ENVIRONMENTAL SERVICES FIELD SERVICES•GIS DATA BASE: 1151901 JOB NO. 1151901 P.O. UIVERSSk cm ao�ULEVAARD WiERSk CHY,Tows 781 8• (21003686 4350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSiDE_S.DWG JEFFERSON COUNTY, TEXAS PELHA/M HUMPHRIES SURVEY A-32 ^ f 1 ^�r�3 Z Na�.C�vti ii, Z'� 9'Y•.1 r 5 f w� � � - �..� M�"'e ! a �i1� ?. � ti t�•r'St! k � +��i} I + c_r rf �/ z+ ��, � �i�a s' r S . xs �' `r l�r \ wR. �� T'�S r'(f,4 .rq '��/�C�F /��, "'• qty x'i � i L`:1.,,,; { `S�r• 7` r r . zZ i (P i ��� � .��t .w... •�l>� f A Ll T _�-y9�, `{ ♦qi�f� OV .. r \ �� n'S. - 4 ?•xM yr ~[_ `t y.a p'Ml r.n J>A 3� � a �;i�-ti -.•i� ,�tiY'�'S�• r-.,t. 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S- r� w.,4r^..r' i�l•C 7-fikl / i�. .,._ A� L T f ✓ � � _ c Lie*. m SURVEY PERFORMED ON 05/13/2013. w+ AN ON-Siff-fxtOM EFFORT HAS BEEN MADE M LOWE AND INDICATE ALL BELOW GROJK)FERROUS METAL CAB=, PIPELINE,LITIUM.ETC, PLAN NOTE: n CROSSED BY THE PROPOSED PROJECT;HOft-AR DUE TO THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EQUIPMENT, GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83 MORRIS P. MOM. INC. IS NOT RESPONSBLE FOR ANY CABLES, tea- AS DER ED FROM AT GLOBAL POSITIM O SYSTEM IL PIPEIAES, VTILM OR ANY OTHER BELOW GROUND STRUCTURES ( S) STATIC SURVEY, DISTANCES SHOWN HEREIN (INCLUMIC PVC) NOT LOCATED DURING THE COURSE OF THE 51IN V. 0 1000' 2000' 4000' ARE USED ON GRID, ro e N0. DATE REV, 8Y: REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC E PLAN PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT 0 JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 2 OF 4 ��•. .—�'.�. ..".'� �. CHKD./APPD. BY:MC SCALE: 1"=2000' .� �.....as �sm '" Morris P. Hebert, Inc. UPDATED BY: TH DATE; 09/09/13 a N SURVEYJNC•ENCINEERlNG•ENVIRONMENTAL SERVICES•FIELD SERVICES•QS DATA BASE: 1151901 JOB NO. 1151901 C-0.540 3106 1 283 CORPOPATE CRY OULEVARD'*UNNNERSAL CITY,TEXAS 7814}81' (210) 935D1 MPH CAD FILE: 11519 CITY Of BEAUMONT INSIDE_8.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 (,q4' +cv 6��ti�'^ • �t`' � � `� ��, 9'x t• ` F�C�• �C'sBZ�} ���,�. �„�'e ''��` .,'c��r IN C, ,u -^. xl�:. �� Fpy ,��,l3• � _fpE4 � � C �.^. 5 tiny�.``''� o`'K\ . � � •:� �:.'- �T�i(�1��'wj(xx,_ \ �F' S { ` � C� � fiq�LS\` A� {�rr�'Vy�i+ T• �t `�t.^'"� `�\ �-11t td_ ysS�y��~4_ � ^�.,� \�Y � v.i. ` 4'.- , _; �I�F�i E i. ♦ t�/ �•�:i: r`�t �' �x -� K� r .\ �.. �p�'i _ ;y`RS ..a.J �l j � �?^ a.!` �' K.,�',lCx:. ��1,3� �, h Y .�� ♦T.,+� �i!>' t "�k �Y..� •tic � ��� M1 E 1- Y i�y1�� K •tip :2 � tY �f -, �.�i �1 �4^ r,r� ,! �'�Fq� ,�1\l� ic1\z`e�'�} .�zoa'�`'', $�b�f�~y r:, ♦� ��y ��t � _i m r Kos { S PLAN INSIDE CITY LIMITS—^--- �----- INSIDE CITY LIMITS �° HOD--- OPEN CUT HDO HDD vl � HOD OPEN CUT CUTN (( r x a r � o E o a c Le 0, _a V a 8'-10* MIN W-10, MIN NATURAL GROUND h jO f/— t2' WATER B• SEWER E 5, MIN. a $ M'"' PROFILE N.T.S. v e N0.I DATE IREv. BY;I REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS m DRAWN BY: TGH SHEET: 3 OF 4 CHKD./APPD. BY:MC SCALE: NONE Awr Alw• A�mm-80t AAA r rs Awam UPDATED BY: TH DATE: 09/09/13 a _Morris P. Hebert, Inc. N SURVEYING•ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•GlS DATA BASE: 1151901 JOB NO. 1151901 P.O. DOX 3105 • 283 CORPORATE DRIVE•HOUMA, LOUISIANA 7WI5�• (985)679-2731 MPH CAD FILE: 71519 CITY OF BEAUMOfJT iNSfDE_8.DWG 1540 UNIVERSAL CITY SDA VARD UMWEIGAL COY, TEXAS )8118 (210) 356-8350 PROPOSED 8" ENTERPRISE PIPELINE QE SIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 8" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1,4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELINE DEalrAN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIOUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 1331.4 2.2 DESIGN PRESSURE: 1440 PSIG 2,3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CAT{;QQIC PROTECTION E w° 3.1 RECTIFIER IMPRESSED CURRENT N m N id 4.0 D NSTRUCTION METHOD n 4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HOD m 4) 5,0 OPEN CUT AND/OR HD(1 LINE PIPS' a ° 5.1 OUTSIDE DIAMETER: 8.625" 5.2 WALL THICKNESS: 0.322" 5,3 PIPE SPECIFICATION: API .51- 5,4 SPECIFIED MINIMUM YIELD STRENGTH: X52 (52,000 PSI) a 5.5 MATERIAL: CARBON STEEL $ 5.6 PROCESS OF MANUFACTURE: HFW 0 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION E RESISTANT OVERLAY (ARO) 0 0 m O _r G !R N IM1 P i O p C a NO-j DATE IREV, SY:j REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC PIPELINE DESIGN DATA __j 6 O m a y DRAWN BY: TGH SHEET: 4 OF 4 0 N �w.r.:r �r:�w► r CHKOJAPPD, BY:MC SCALE: N/A u As MIYCalY At .o UPDATED BY: PF f MP DATE: 09/09/13 Morris P. Hebert, Inc. S(1RYE}7NC•ENCiNELRIXC•ENYIRONYEA7AL SERVICES•FIE'LD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 ` 5407 3�M 8ifmEvARD uNNERSAL erry, A781481' (m)3 6--93501 =MPH FILE: 1 1519 CITY OF BEAUMONT INSIDE—S.,DWG CITY 01YB13AUIVIONT APPLICATION F'OR PIPELINE LICEN Sl--- AGREEIM 1--_-,NJ" "PHE STATE OF, TEI-K-AS COUINTY OF Jj-,FEE-.P § Business Name: EW,,rprisc RC17111Cd PM(ILICIS CompallY H.(' Business Plione:-LP 381-6396 Business Address:-Attii: Linda MattlIMS 1 100 1,011IS1,111a St.: Suite 1000: 110LIS1011. 1 X 77002 The City of Beauniorit, hereinafter called "City", for and in consideration of the sun-,t ti specified herein S500 OA —-----—hereby grants to Enterprise Refined ProdUCt, Company LLC hereinafter called"Licensee",the license to lay,njaintain,operate,replace, oryernove a pipeline for the trmsportation of oil, wa tor, or-their products, on or across the following property situated in the City of Beauiriont, L, Jefferson County,Tcyas,and beinr,more particularly described in ExIiibit"A"attached hereto and im-ade a pmt hereof for all p-Lirposes. Street Name or R.O.W. DescrilAtion Lcnp&h- Linear Feet) 09 (1S,," .. eatit wide in TXDOT POW - 12" No WAV) X41347 - cast sldc, MTX DOTIMW.., - 11" sewer 4Md V,water(ilo ROW)--- EXHIBIT "B" COST OF LICENSE.,: Licensee shall make,payment to the City of 11cauniontas follows: • Liceiise Agreenient fee,--MOM • Amival fee of $2.25 per linear:Foot of pipeline located within City proper'y, Said foe shall be reset on January 31, 201.1 and shall be reset eveny'ten (10)years, thereafter, to a level to be determined by the City Council or their dcle,gate-d representative. All fees,including the first atrawal fee for linear foot usage shall be made to the C? Engineering Division and payable to the City of Beaumorit 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: o Licensee does not intend to szffl product for resale from the covered pipeline to, customers located within the City; however, Licerisek-, 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 amirial fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances 0-iCthe City. All piplincs crossing public rights-of wayshall be bored from right-of-way line to right-of-way lint. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Depaitnaent of `Transportation, Tfi-_pi aline shall be constructed in such a rrmuicr as approved by ibe City so as it does not interfere with-[lie use of the City pyo� 2 0 The pipeline shall be installed a minim una of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sealer lilacs Or storm drainage lines, unless otherwise a-athorized by the City P'lad/or Texas Departnient of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline(see pap 4.). '17he constymation and operation of the pipeline shall riot interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline s'aall 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 niaintenanec of the pipeline shall be performed b-1. such a manner that will cause nainnnal 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 Citys Engincering Division and/or the Texas Department of Transportation. 0 Operations a1mg roadways shall be performed iti such a mariner 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 b_-Iter. No equipii-Iont or installation procedtiros will be used which will dtajaaage any road surface or structures. The cost of may repairs to road surface, roadbed, structures or other right-of-way features as a resLilt of-this installation will be home by the oym5r of this line.. 0 Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner When 110c.cssaTY. Only under extreme circurnstala3cs, as ck,cnied. necessary by the,City Ejacglincer, -vill open cutting of street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Dcpartmeul)in advaiim zuiy coustructio.ii which takes place in, on under, above, or across property not m yned by the City shall recliiii-c additional permission by the owrie (s).pf,the.property involve(], Written proof of said permission is to be provided to the City as part of the application process. Approval ofthis lice lase agreement exchides permission to do any cons Irtictioil oil.proDcrty which is not oAqied by the City of 'Beaumont. 3 Q Any licenses,pornaits or agreements required.by another governmental entity D (County, State or Federal) shall be obtained and a copy of such docu•,nent shall be provided to the City. If agree--racnt is not required by said governmental entity,fhen documentation regarding such will be provided to the City of Beaumont. • Licensee shall provide copies of all nectssaty agreements to be obtained Oro--,ri other City Departments. • Licensee shall be responsible for acquij.-i7.3g all agrecments 110cessary for the lawful use of piny private property. A. map showirg the location of the proposed pipeline shall be provided, (1"=2,000' City of Beauniorit neap or United States Geological Survey Nfap) The pipeline shall be maintained and operated in such a maimer as not to leak and/or cause damage to any City streets, allay, casements 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 hurnedhitely to the City Fire Department and Public Work's Department. Licensee shall Illy 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 inime-diately by Licensee at it's ovni cost, The Licensee shall be responsible for the cleanup and rornediatIon of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and reinediation. The Licensee shall be responsible for any and all costs associated with the relocation of th,a pipeline, As provided, the necessity for relocation of the pipeline shall be solely vvithii) the discretion of City and/or the Texas Department of Transportation o Permits which allow lines to be maintained OTC0nStFLI.Gted in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning 0 maintenance Or COJI-StUL10ion. The fee for such permits is in addition,to this (See.Cost of License) Installation will be done in accordance v,,ithall City standards and stati-ites of the State of Texas. 4 RFOUIQED COVERAGE: • Licensee shall furnish the City with a Ccrbifiicat,; of Standard I-Jability hisurancc,including bodily iuJI-ories and property dcunage,iiaming the City of Beaumont as an Additional h-isured. Such policy shall provide for the f01101AIi.tIg MillinIUM coverage: 0 Bodily injuries: _300,000.00 per person $1,000,000.00 per incider-t 0 Property:Damage: $1,000,000-00 Such insurance shall be maintained in force and effect during the construction or requirQd 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 an ours of$1,000,000.00. Tlie bond shall be payable to the City of Beaumont for the use and benefit of any person entitled therclo and conditioned that the principal and surety will pay all &unages 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 fiffeen(1.5) days Prior writl:en notice to the City. The bond shall be good and in effect for a period of one(1)year frorn the date of completion of construction Of the pipeline. I • Licensee shall indemnify, save and hold harmless the City of Beaurriont ftoii,i any and all claims for injuries acid 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 clainis alleging negligence by tho City of)' Z-1i 1=1 �:11 �,ea.uiiiont, it's agents, officers or employees, arising frorn actions takeaa, or ro ccurrei ices under this license acy oement. 0 If the pipeline or any part thereof installed by Licensee shall be in any rcspcQt,,dqinagcd,o:­.Jnj od by City or any of its agents or employees in colulec+,ion with the performance of any work or repairs that may be done ,,Pon the propo•ty raentiun J. 5 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. OTTIER CON STRUCTIONI /MAKFE,NANCE WITIRN R.O.W.: 0 City will use. its best efforts to notit, Licensco of any proposed construction and/or maintenance, to be done, by City forces or by contract for the City, within the RD,W, involved with this license. NTotif I ication, to Licensee, of other construction mid/ox maintenance permifted by the City and within the R.0,W,involved with this license will be the responsibility of the coinpaijy obtaining said permit. Licensee shall inark 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, leleplione number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such nunaber,will be provided to the City (Department of Public Works) acid 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 notifjcatlon 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 he laid, sewer, gas, water and other pipes and cables, and to do or pen-nk to be done any Underground C -work. that may be decined to be necessary or pro,).cr by City in, across, along, or -Lu-ider any of the streets, alleys and easements, mid to change airy curb or sidewalk or the grade of any said streets. In doing or perinitting miy such work, the City of Beaumont shall-not be liable to Licons'no for arty damage occasioned; it being understood that notlaing herein shall be construed as foreclosing Licensee's rights to recover damages against -:uiy conir,ctor or third pa rty who may lac responsible for dania-cs to Lcensec,s facilities, 6 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 nianner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be decined necessary by City to relocate,, alter, encase, change, adopt or conforin the pipeline of L4 CO .11SOOthereto,such change shall be nnade Iaxompily lay Licennsee at its cost and without clan for reimbarsernent or dani'ages against City, ff the change is demanded by the City for the benefit of any othc-i, persoii or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reinibursed fully by the person or corporation desiring or occasioning suzIt change.for any expeiiso,arising out of such chwige, 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 inimediately and at its own cost; it being understood that City will not participate in airy, part of the cost 0'' any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where, same is in a City street,alley, casement or other right-o-f- way, NOTUTICATIONN/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 coinpliance with constTaction standards. * Licensce shall provide tac City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines pernritted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing, A representative 'grill be scheduled to be present, The expense of such inspection services Illay bra billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall -notify the, Euigincering Division at least fort:y­eigght (48) IIOLF�sprior to completion of work and rcinf,,val ofequi.pirient frain tine job site to permit IN- City to make an inspection. 7 SPECIAL CONDITIONS-:. Nona& This liconse is personal to the Licensee. It is nonassignable and any attell-Ipt to assign this In license, will ternainate the license privileges granted to Licensee hereunder. Tarn.-iimlion This agreement is subject to termination by the City if any condition specified herein is C) not met. This agreement may also be terminated by the License(-,. Either party attempting ZD to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, tenninatkm. Such notice shall be given not lass 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 recei-pt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Refined Products CaII,)I.),_c any LLC _ RO. Box 3827 Beamont, Texas 77704 Address of Licensee: -1100 Louisiana St; Suite 1000 Alin: City Manager City and State of Licensm-Floustou, TX 77002 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 inonies Collected for fees associated with this agreement will Yeniairl the property of the City. There; will be no reimbursements, Commencement of work on dic pipoline by Licensee alkr the dmic- ofdiis fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above se-t forth. W WIN SS MWERE-OF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seat of the City to be herewith affixed by the City Clerk, this ____day of A.D. CH Y OF BEAUMONF, ITAAS Kyle Hayes,City Manager AT1713 S T: City Clerk APPLICANT'S COMPANY NAME: liflte rise Refined Products CquipanyLLC Represented by: A,4 A M'I'TES By� Secretary 9 v Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 .9 11EALIMONT C" PRCPCGM ENI �w 1 �,..yT•� � v N 3 .fy-y ` .,j�a LJ_� ( ��a��,p1� , � Q r ti\� - � {�� � .,- � rlCl��o 14•F'E'6.�IE y 00 e u s o yy?i PROPOSED £, ,7 �3 PIPEL IVE rn NY Oaks���`t#-..��ro �.•^ �n. �.� N PROJECT r f����� \ ,�; r° P � V I���-IZ a L CAT NI pRopl r �;f��v:l. �% (p)nF•'(�v�.-. ii � ��...\ IT r- raY�i of n o) a (°) ubssaS , , l ENTEFl ✓S4 PPELINE j� (O')y.✓i��' o ^• 0 y0. w I i-• CID )��S'�ti''`.o�� O,C��/,��•(0} nry�(W}f' � .� ` /CJ � ��Ar' t2,�t��' \{ )�i�o o �d�tr4)4� Ip�(✓.4"/\p) �.�+�w:�.�o) .{�'�l nl.`,'yj1^D i �y � . .. a(0-o��{!O_l kol o � ,O�3)'A`42) o } �, ° D. 181�r6 Pa p.l./ t 3 �- , NOTE: VICINITY MAP ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM, NAD 83 SOUTH CENTRAL, OUAD MAP. a TONE US SURVEI FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST, TEXAS {30094-At� HEREIN NARE BASED ONGPC)�STATIC.SURVEY. DISTANCES SHOWN O 1000* 2000• 4OOC}' v R NO, DATE REV, BY: REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC w VICINITY MAP PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE g CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 7 OF 4 w CHKO./APPD. BY:MC SCALE: 1"=2000' .� .� V UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. DATA BASE: 1157901 JOB N0. 1151901 SURVEY=-ENGINEERING•ENVIRONMENTAL SERVICES-FIELD SERVICES•CIS P,o.Box 3106• 283 CORPORATE DRIVE• fauMA LoutsulNa 70361 •{965)87s-vsI MpW CAD FILE: 11519 CITY OF BEAUMONT INSIDE_14REV1.OwG > 1540 LWARS&CITY BOULEVARD• UNIVERSAL CRY, TEXAS 78146• (210} 366-9350 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 z A w0 ' ♦�' '�` y��.&��v+. �,`Z{' �t� �,��ft ,w Jr.. sib: �'. e �. �SN 39� 9 93 e Cx ZU c �l�� �t-e��._\� �, ✓f,.�`�;; •� ,w`'i�;K� .��0,yy6���y2'28Y� ; `�,.�z spa ,� 4i`� . G� 1 Wo r, ;../ti<`��qp,� , )rs }'� r ✓ Z,. M a `.; ti . ` '� Was C *�'�.h•L,l,,ca t f \.. \rfvl „r �� a � �, s 0. r Gel "ar st' •v`� k !i/��r��a.F '''tf`•-Xa_i_��`lr�w�: �` % ��fi',' '.'�<*�` ` ,c.� ".�l Mg ° � r���rn��, � °��,��353329�5��f'�'�`\� s'., t'` '\�.. � °''.°y�• � '; E Wi 4 tt , 4 f I` a7ir � �,x�d�s�� �'•'�"r ,vyy,r.�r�'19r 4 3 s�+ �N�1~�aMY9 IG�+i�'��`�•a?�rf s \a� --',` " '"•'i �i S„". "*.'i�, N t c a�\•. b�.�. .:�:' �..1..,.� �, ifi..`^ 'T '�"' �� 1�(n rn SURVEY PERFORMED ON 05/13/2013. AN ON-THE-GROUND EFFORT HAS BEEN MADE TO LOCATE ANO WDICATE ALL BELOW GROUND FERROUS METAL CABLES.PIPELINES.UnJS,FS.ETC. PLAN N07E: w CROSSED BY THE PROPOSED PROJECT;HOKVER DUE TO THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EpUPMENT, GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM. E NAO 83 SOUTH CENTRAL ZONE US SURVEY F007 MORRIS P, HE$ERT, INC. t5 NOT RESPONSIBLE FOR ANY CABLES, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM j PIPELINES, UTUM OR ANY OTHER BELOW GROUND STRUCTURES (CPS) STATIC SURVEY. DISTANCES SHOWN HEREIN o (INCLUDING PVC)NOT LOCATED DUMNG THE COURSE OF THE SURVEY. 0 1000' 2000' 4000' ARE EtASED ON GRID. R a NO,I OATS IREV. Byd REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC E PLAN PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE o CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m ° IAN DRAWN BY: TGFI SHEET: 2 OF-. 4 w CHKD./APPD. BY: MC SCALE: 1'=2000' dw UPDATED BY; PF/MP DATE: 09/09/13 a Morris P. Hebert, Inc. DATA BASE: 11 X1901 JOB N0. 1 151901 SURVEYlNC•ENGINEERlNC•ENYIROMMENTAL SERVICES•FIELU SERVICES•CIS P.O. BOX 3106• 283 CORPORATE DRIVE •HOUMA.LOUIS"70361 • (985)879-1731 1540 UNIVERSAL CITY BOULEVARD-UNIVERSAL CITY,TEXAS 78148' (210) 366-935D MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-I4REV1.OWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 r.�.�•tr�" r ' z -.. - yam ` w�W S 1 T ti.C�-t ifiF..f "�4>'"{P' � •� �CM v^� jr. - � f Z \ .Cr f�s�33 "'�� i.! r N~N r•N/ `�fa 'cl ���,�rry�-'0. :fi U.r•, ` '1r^ r �l F,�f//l% !a� rla' r `� � ;�•' �� ✓ r21_ W tr'� �': ,F•'» 'h \ 7 ` ,Mfr, rl�� vj SV �!` �3 ��Sl s" 7S%, •L. ��`\f �.`�.Nfa.f' XYt\`t\ > � M M1 ^.� rf \ 1•� 4.• �.:ti; �.rS'�5'+�"`d1-�.'y°a•`S'�.y `,� S•,. �.. hw N,i lis Iffy ,. ,� -: �.Yf� �>pj'y.. Np '�avfe,,c, v• Y t� "s� 's �.W '�'�"r`�,� i'� � �� mow. �\ Ca.y\ � ',��'v>✓��-+ - \\ti f��t ���''�`U�6"���.A' � � C �,` . 4 ♦k �,:�`'f\ j`'\ l 1..� \S„..�,Cyi t•�'�+� " f"':y\i.t:Jy�Ya11� t 'r F1:. a �� � ^� ��•t'. ' ty\'' `+vsZ �i�I,...,.\ � ,�,a`�;�..- \ ��A� .l� j.ss-. \£1{ t j$.✓ i!? ' fr.YY''r�.,..,\. '4y�• �d � t` �'�-\ �+F��•,�jr�,1�. X.���C�r ^i�_�, � G..«u.+ .�,�.'t� i/` i ,R GG N ,'(`r �. ..j l..,✓ >} `\'+�S v��(, ritiT,. _ s t. 'a- rn 'Z P� a PLAN N.T.S. n E•- INSIDE CITY LIMITS INSIDE CITY LIMITS IFS-- HDD--- HDD HDD OPEN CUT OPEN o J HDD OPEN CUT CUT W Ir �� '' — — 03 E •�4� o OO pp0.,, m CJ.i O f.1 6U a U CL.((�Y Y 0. U EL rn 8'-10 MIN JO 12"12" WATER B–1 MIN 8 WATER ``fN^A�T—ORAL GROUND — 8" SEWER 7 �• 25' MIN. 5' MIN. r s' MIN' PROFILE kN.T.S. b NO. DATE IREV. BY:I REVISION `o ENTERPRISE REFINED PRODUCTS COMPANY LLC 4 TYPICAL PLAN AND PROFILE PROPOSED 14" ENTERPRISE PIPELINE " INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS Co ° I� � DRAWN BY; TGH SHEET: 3 OF 4 CHKD./APPD. BY: MC SCALE: NONE: UPDATED BY: PF/MP DATE: 09/09/13 D. — Morris P. Hebert,, Inc. DATA BASE: T,51soti JOB No. 1,s,so1 SURVEYING•ENGINEERING•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS is40 U 3�n,ESSk� BOULEVARD-UrER C �i�78148 - (2 0) 879-2731 MPH CAI) FILE: 11519 CITY OF BEAUMONT INSIDE—I4REVI.DWG PROPOSED 14" ENTERPRISE PIPELINE DESIGN DATA t.0 SFNERAL.INFQRMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 14" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD QUARTER 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 831.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 E �0n 3.0 CATHODIC PROTECTION n vi "? 3.1 RECTIFIER IMPRESSED CURRENT n 4.0 CONSTRUCTION METHOD rn rn 4.1 PEPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD W a 0 r 5.0 OPEN CUT_AND/OR HDD_LINE_PIPE o - °L 5.1 OUTSIDE DIAMETER: 14" b 5.2 WALL THICKNESS: 0.375" > 5.3 PIPE SPECIFICATION: API 5L 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X60 (60,000 PSI) 5.5 MATERIAL: CARBON STEEL b C 5.6 PROCESS OF MANUFACTURE: HFW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) 0 V O _T U N E u EL x v v c 0 O E N0.I DATE IREV. 8Y:.I REVISION `o ENTERPRISE REFINED PRODUCTS COMPANY LLC E PIPELINE DESIGN DATA 0 m DRAWN BY: TGH SHEET: 4 OF 4 CHKD./APPD. BY: MC SCALE: N/A ® UPDATED BY: PF/MP DATE: 09/09/13 a Morris P. Hebert, Inc. DATA BASE: 1151901 JOB N0. 1151901 SURVEYING ENGINEERING•ENVIRONMENTAL SERVICES FIELD S£RWCES CIS P.O.0 3m BOUAR a � 1401 54 UNIVERSAL C BOULEVARD I UNnrtRS CITY, 7818• (2136699350 MPH CAD FILE: 11519 CITY Of BEAUMONT INSIDE-14REV1.DWG CITY OF P>EALJM(,)N'.I." APPLWATION11OR T141" TATE OF TEXAS COUNTY OF JEFFPiRSON Business Name: L"'Itolvvisc Rained Products C'm1wally 11,C Easiness Phoiie: 0 J 381-6396 Rusin-ess Address:Ath): Niidu Matffiews 1 100 LOUISiaflaSt, Suite 1000. HOUS1011AX 77002 The City of Bc.miriont, hereinafter called"City", J.br and in consideration of the siini sloccifiled herein `n500 hereby grants to Fnterprise Refined ProdLICLS C',onipmy LLC hereinafter called"Licensee",the license, I o J ay,maintain, operate,replace,or rcinow a pipelinee For the I i-ansportatlon of oil,gas,water, or the'ji. Products, on or across tlic following prope), situated iii the City oN31eaumoot, ;Jefferson County,Texas,and being more particularly described iii Exhibit"N'attached hereto '111d rxratic a part 11creof-For all Purposes. StreetNarne or R..O.W Descrii.Aion Lon P—th—(Linqad{c O o,"sl side M TX DOT ROW - 12" (nn W-)W) 8" scwcr and 8" water(110 Ro\�V') EXHIBIT "C" COST OF LICENSE: Licensee shall make payment to the City of'13camnont astbltows: • L-*:cense Agreernent.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 te.11 (I0)years, thereaft-cr, to level to be dcterinined by the City Council or their delegated representative. A.'d fees,including the first annual fee for lincax foot usage-shall be inade to the Enginecrin,g Divisiort and payable to 11-ic City of Beaumont prior to construction. This license is granted by the City of Beatunont subject to conditions. Failure-Loconiplywitli the following may result in termination of agreen--tont(see page 8). GF',NF-RAL CON-DITIONS: o Licensee does not intend to sell product for resale from t1le covered pipeline to. customers located within the City, however, Licensee recognizes that should it sell product for resale Groin this covered pipeline to customers within the City, it will be recfaired to report such distribution and when lawfully required to do so, pay -L street rental fee based on revenues. Tfie annug I ,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 ftorn Tigght-of-way lisle to right-of-wlly line. Witl-n these limits, ilia pipeline shall be protected by casing or other method approved by tl-,c City and/or the J.eras I-Jopaxtinent of "rrinsportation. The PiPaline shall, be constructed in such.a naanncr as approved by tbe City so as it does not infer-Ifere with-the use of the Ci[y prop 2 0 The pipeline shall be installed a irift-timurn of Evo (5) feet below the lowest existing or proposed ditch grades, waterlines, saiaifaiy scwor lines or storial 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 inter-Fere with the natural drainage in that area nor with the drainagesystelai of the City, no,.- with sanitary sewer lines, waterlines, or other utilities. Damage to existhig 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 rnaintenarice. Bore pits shall be back-filled according to City standards. Excavations necessary for tl-.,e construction, repair, or inaiDtenance of tho pipeline shall be performed iii, such a mariner that will cause mininial 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 11.exas Department of Transportation. o Operations along roadways shall be perforined in such a iriararier that all excavated T Xc, d 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 boiler. No equipinent or installation procedurcs will be used which will daii)ay ,e. any road surface or structures. Tho cost of any repairs to road surface, roadbed, sL•uctures 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 flagporsons shall be provided by the contractor or owner -,;Oiti) necessary. Orily under cxtrcine circumstances, as cleaned necessary by the City Engineer, will open.cutting of a street or roadway be allowed. All barricading imist be by perinit and approved by the City (Public Works Dopartnicnt)in advance. fl Any col-istradion whioh takes place in, on under, above, or across property not owned by the City shall require additional permission by the O'Wller(s) pf 0 j4q pr perty involved. Wrftlon proof of said perinission is to be provided to the City as part of the application process. Appyovalofthis license: agreement e4oj1-iJ(,s perm j ssion to r10 any construction on p yope.-r'ty -wbich is not o-m:tcd by the City of Beaumont. 3 • Any licenses,permits or agreements required by another goverian-ionial 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 govenuriontal entity, then documon-tation regarding such will be,p rovided to the City of Beaumont.. • Licensee shall provide copies of all necessary aggreon-rents to be obtained from other City Departments. • Licensee shall be responsible for acquiring all. agreernenIs necessary for the lawful use of any private property. • A inap showing the location of the proposed pipeline shall be provided. (I"=:2,000' City of Beaurnont map or United States Geological Suavey 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 darnage that occurs to the pipeline vthicl-i results in exposure or release of product .1.3-lust be reported immediately to the City Fire Department and Public Work's Department, Licensee shall fully cooperate with tae 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 ft's own cost, * Th,e Licensee shall be responsible for the cleanup arid remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remcdiation. * 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 a).d,/or the Texas Department of Transportation, Ponnits which allow lines to be maintained or constructed in City riLgAlt-of- wav shall be obtained by Licensee or it's contractor pyior to begiming irunnienance or construction. T-,,,ae fee ibr such permits is in addition to this License Agreemeenifeee, (Sege Cost,of License) Lstalladofi will be done in vV;.tll all City st"and"u-C19 anti:statutes of the State of Texas. 4 Licensee shall furnish the City with a Certificate of Standard Liability including bodily injuries and property daniane,naining the City Of B--aumollt as an Additional Insured, Such policy shall provide for the I-bllowing Illinhiluni coverage: Bodily injuries: 300,000.00porperson si,000,000.00 per incident 0 Property Daniage: $1,000,000.00 Siich insurance shall b(-,, 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 Gxicellatioll, alteration, or modification of such insurance. Licensee shall have in force with the City a. surety bond in the principal arlioullt of$1,000,000.00. The bond shall be payable 'to the City of Beaumont for the use and benefit of any person clatitled. thereto ,Uld 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 agreeniont. The bond shall provide that it may not be canccllcd, altered, or otherwise modified without giving fifteen(1.5)clays prior Written notice to the City. The bond shall be good and in effect for a period of oil(-,(1)year from the date of completion of construction of the pipeline. License:(,- shall indemnify, save and hold harailess the City of Beaumont from any and all clainas for injuries and damages to persons Or Property occasioned by or arising out of the coil struotion, niftillienance, operation, ropxjir or removal of tile pipe,11no. This iridarimity expressly extends to claims alleging negligence,by the City of Beaumont, it's agents, ol-fiecrs Or employees, arising I-Iorn actioiis taken or oocurr-eaoes wind a' this License algrecinerit. If the pipeline or any part. thereof installed by Licensee shrill be ira ay OY cD.TIGYPesin connection with the performance of any work or -,!cpairs that may be done upon the proj?crlty mentioned hl-relin: 5 .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 4 4n shall damage Licensee's property in the course of such contractors perfon'nance.of any contract with the City. OTPER CONSTRUCTION/MAINTENANCE WITFITN R.OAW.: City will use its best efforts to notify Licensee of any proposed comly uctioa and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. .1 Notification,, to Licensee, of other construction and/or inaintennice permitted by the City and within the R-ON,involved with this license will be,the responsibility of the company obtaining said permit. 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 mainteriance and :for location of lines. Such number, or charges to such number, will be provided to the City (J)el)artme-itofPLiblicWorJ.(s) acrd lcupt current at all titres. ThisI111111ber 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 svich work. When information has been relayed to Licensee, through the phone number provided, such contact sball constitute notification for Licens3a to provide location of its lines. Failure, by Licensee, to respond within the required time Rama shall alleviate-the responsibility of the person(s) requiring the lines to be relocated, 0 City reserves the right to lay, and to permit to be laid, sewer, gas, water and. othcr.pipes and cables, and-to do or per.tT)A to be clone any und,,-.rgroiLnd work that may. be deemed to be necessary or proper by City in, across, along, or under any of the str&cms, alleys and easements, and -to change any znl tz� curb or sidewalk or the grade of any said streets. In doing or permiifiiig Mly such work, the City of Beaumont shall.not be liable to Licensee Tor any damage occasioned- it being understood that nothing hercin shall be construed as :foreclosing Licensee's rights to recover daniagcs a-'gaii1st any ,contxaGtor,Qojjir4 j),aKty_),yho j- ay be responsible for (Niiiagn cs to Licensee's facilities. 6 Whenever by -reason of the change in the grade of any street occupied by License& 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 pu)-pose whatever, it snail 1)u deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto,such chanoc shall be madc promptly by Licensee al.its cost and j?�dthout claim for reimbursement or daniages 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 Tra.nsportation, Licensee shall be rcinibursed fiffly by the persoi.-i or corporation desiring of occasioning Such change for any expense arising out of.3iicli change; provided,however, should the change,be requested by the Texas Depa•tnicrit of Transportation or be, required due to construction of a state or federal highway, Licensee,will, -upon notice from the City, make such chanoe ii:runediatcly 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 clianging in any mainier of the pipeline where sairie is in a City street,alley, eas(.-ment or other rigbt-of- �vay. NOTIFICATION/WSPECTION: • Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and insptcted by a. City representative. Any work to be performed witliki the City limits will be subject to periodic inspection to ensure compli,,uace with construction standards. • Licensee shall provide the City (Public Works Deparmrent - Engineering Division) twenty-Bour (294) 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.ON. crossing, A representative will be scheduled to be present. The expense of such inspection services may Lie billed to the Licensee and such ainomits will be reirnbursed to the City. Licensee shall notify the Engincering Di-vison at least forty-cig � a:> (J,8) hours prior to con pletion of work and romoval of equipment front the job site to permit the City to make an insp-ction. 7 SPEICTAL CONDIJIONS: Nonassignable This license is personal to the 1-kensee. It is nonassipoable and any atten pt to assign this 7 C, license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if anty condition specified herein is not met. This agreement may also be terminated by the Liconseo. Either party atternptkig to terininato'this agreement shall give written notice to the other specifying the data of, and the reason for, terminatioji. Such notice shall be giV311 not less than thirty(30)days prior to the termination date therein specified. Any written notice inay be effected either by personal delivery or by registered or certified mail, hostage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Boaiimont Nameofl,ioeiisec: P.O. Box 3827 Boxamont, Texas 77704 Address ofLicensee:_J 100 Louisiana St; Suite 1000 Attr_:_ City Manager City and State of Licensee: I-fouston,TX 7700' 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 nioiaies collected for fees associated with this agreemant will roniain the property of ilia City, `T'here will be no reiinbur'soments. Connuencenient of work on the pipeline by Licenser;after The date of this fully execatted license sliall lac mnstmM as evidence of Licensee's acceptance and approval of the coDdifions abo-ve sa. foitk U4 WITNESS WHEREOF, the City of Beaurnont,Texas,has caused these presents to be signed by its City Manag,,er mid the seat of the City to be herewith affixed by the City Clerk this ---day A.D.20--. CITY OF BEAUMONT, TEXAS By,-- Kyle,Hayes,City lhbnager A171 ST: City Clerk APPLICANTS COMPANY NAME: (Licensce) Entewrise Refined Products C2p�Iaaaa�r LLC Represented by: AJ rive A17.2 S T: M1 yQ I' 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 _, ...- `�ULWNI CRY cv 1j 1 v 1� 1 1. J PROPOSED w J. gp s5• I e °.. L�- 13-120 J r, '�"-' �y t t} ('', EN'T f^v 20 PIPET NE n�`� Ji \ ENfERPR15E 2(Y PtPELM ,. ����.��`�'` � `-OA, fc`'" I O D i�- ..� '�T^""�Y'fit=�•�n,. "'..,._'�1 PROJEC o � � L � sr �. °� •. <T° T LOCATIO 1 i� �, 4�� ,; ��,�,�� �f -~- �\ .�.� .,. , ,Q�• o. o N /� j ;-%i.. t toy. �, •'�i % nt�v� .� n ::. W ,� , � ,�(. o �� � GV`� ! ✓i% jf l0)v °1 � �,f t�f'b +iur ,. �R' a �. I'4�N W��rr �'�'�III �.:\ c 20 0. o / ZO) / D ° crY'✓f�t,0�1 r�d�.0y lr... ✓" (D}r '. I ) s •o,o!(old% lol '10 4/1 0k.�.� w $(0) ey 034 I.OiI 4a -N 07 {Ol q a (0) (.� .. m t al.a(°.) -�� .✓�'r :lI.Oil .-°a, r�� t01. _. fia:��� w' • ,� m NOTE: VICINITY MAP ALL BEARINGS ANO COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM, NA0 83 SOUTH CENTRAL OVAO MAP; a ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST, TEXAS (30094-A1) gyp, POSITIONING EP4 ARE MEDMO{CPS_}USTATIC SURVEY. DISTANCES SHOWN 0 1OOO' 2000' 4000' t N GH b c N0.I DATE IREV. BY:j REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E w VICINITY MAP PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m DRAWN BY: 7 1G,H SHEET: 1 OF 4 H �..:....�.. .M.."... .�,,, CHKO./APPD. BY: MC SCALE: 1"=2000' w w r awwrw_w _w �i MOxx15 P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 a � SURVEYING•ENGINEERING•ENt7RGNifENTi1 L SERVICES•FIELD SERVICES•CTS DATA BASE: 1151901 JOB NO. 1151901 / P.O. BOX 3106•283 CORPORATE DRIVE r HOUMA LOUiSVNA 70361 • (985)879-2731 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_20REV1.DWG 1540 UNIVERSAL CITY BOULEVARD• UNIVERSAL CITY. TEXAS 78148 - (210)368-9350 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A--32 � �C� 1i�,r�i.s3°t�vr,, y1�`�rw war' .t \(yS�1.� �k/F- ryct�•�",�� ..k •��j twn�i;• t 3\ �� F~3 �Y 4 nw a Z r t ¢ 17" � C�,rh hh ,,,F`4•�R`S ,�r i 1 e i�,�n.i,s,�\`\{ {/ r ir• ,.'�p�,�'4�\ �?'n.^.-,./. !. ' �'A' `\i+S .4,,�.�. "''' _i.�.l`L ld : ��' �!'�\! �y� '-�4`�''k• n' r'+^i � � ,�3/T y � r�'v- Y.�ry�S���ir Zr r `�� • M r.'. �r+�, ,t f,l .I����� �' w� ,�� `���'y,�c�+F•f � f �". 'J;y � � !✓ ��``k�r iVC.[df�L/� M ,> .� � -4ia�s';�t UGC ,��„.`4 t. °f;,J�, '���\t t 1�-.. °�`'•�, 'k '� •Y� +� i r ✓�Yf� ' i ma � ! t n `'4 .,J \��4� k.. 3y»,�'•' ,iSr' : •�. �;is \ tiSI >✓ \ Y;f £ rw o � ,�2���a �. e ,;r�$, •�. �a .r:K, 1395?,t �\ kx \ t r b a �,r y� �3 �..;��.{, �< ,„;? ,.�., .;E 356859 39:�s, �+ �.<ysf �,.✓�e�y�rt � ti`` .$���`'�`..� 1- NV1lllZ” �.3.5,3 1127gt E r ' n a r tyw S4�Ald� kc r y Q y� / t CD ��,� V i`r a.,,♦ l�t��f r>tirA' \Z {r•C r 1w l [ /< `n �: v •�..a y k.+.. Qrti+P'.'r sSY� ��}fa"'�C,°y�'�111(7r' �94fit 6\'� !`\r.0- t .2s/4' a '�, / j o t •,a ` t' v :�'�c ,,��f•r �'' w„ aS>/, "k`y' r ty1 �>cCi ✓�r,,{J �4�'�\t � Slf r�',�p-�s�•^<' '` � t�s�i '"M•�r�`:s M!��'�r,��.d�i ��t'^-�,,u�''{ .` �k �' � �/'�"„`c 1\� °r� �.. `"d�,i �ti� t''�'1,�'�n�, m SURVEY PERFORMED ON 05/13/2013. AN ON-THE-GROUND EFFORT HAS BEEN MADE TO LDCATE AND INDICATE ALL BELOW GROUND FERROUS METAL CABLES,PIPELINES. VnL,T+ES, ETC, PLAN NOTE: CROSSED Br THE PROPOSED PROJECT.HOWEVER DUE TO THE INHERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EQUIPMENT, GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM. MORRIS P. FLEW, INC, K NOT RESPONSIBLE FOR ANY MES, � AS 83 SOUTH CENTRAL LONE US SURVEY FOOT d AS DERIVED FROM A GLOBAL POSITIONING SYSTEM a PIPELINES. UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES ( a (IICLUOING PVC)NOT LOCATED DURNG THE COURSE OF THE SURVEY, 0 1 C00 200D' 4000 ARE)BASED OSURVEY.GRID. DISTANCES SHOWN HEREIN t C .Q N0.I DATE IREV. BY; REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC PLAN PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS PRAWN BY: TCH SHEET: 2 OT' 4 a �• ��� CHKD./APPD. BY:MC SCALE: 1"=2000' UPDATED BY: PF/MP DATE: 09/09/13 CL _ Morris P. Hebert, Inc. SURVEYING•ENCINEERINC•ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 v 540 BOX 3106 CITY BOULEEVVAARp LNwER ,TEXAS 81481• (2(Z)356993501 tAPH CAD FILE: 11519 CITY Of BEAUMONT INSIDE_20REVt,pWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A--32 �O �r -r --.. �• "Fn:;`„.. i i�rr 4 -;':f �r.. .. �.1�.- M� ._,far y .� 1�,,,�.�,�4�. `?°'° �.t;'�� I: 4 � � '�tiJ'f .�„ a'+"•'� r@'"`>"��s r�'� i "A .�(��� .'+1,�t• �,i;.'y`1� a"'"gk>A ... 4 y Syr �. "co lqr N 4I�t 4j �A.. •Y yh`a°rr'4. tuCr�,. r ., j �{ '40 � �.",✓ q ~ ,;t . r t,.+ "�i,+"3� 'tip � `,J�r>� `..ti,.^`-�,f r+,✓� 'g” ' a.'�'2r•y .�i. +^",r nlr '4.f �.,. �rp PLAN °• N,7.5, o INSIDE CITY LIMITS -�----� �------ INSIDE CITY tLIMITS N WDO-- OPEN CUT -HDD WOO pPEN al a WDD OPEN CUT CUT O E rn o ,0 u cactt,, tti a O to cir fJ I a B' 10' MIN O' MIN NATURAt GROUND 4�. — 12" WATER r,. 8" WATER . 8' SEWER ll 25' MIN, E5' MIN. � __«---^"'..✓ 5' MIN. PROFILE b c NO.I DATE IREV,__8Yj REVISION `o ENTERPRISE REFINED PRODUCTS COMPANY LLC E w TYPICAL PLAN AND PROFILE PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS 3 DRAWN BY: TGH SHEET: 3 OF 4 r v �.:.r+.. .:."� son,­ , * CHKD./APPO. BY: MC SCALE: NONE u wwr r •r amrr.r r rr �' UPDATED $Y: Pf f t,JIP DATE: 09/09/13 a =Morris s P. Hebert, Inc. SURVEYING•EAWNEERINC-ENVIRONMENTALSERVICES«FIELD SERVICES-CIS DATA BASE: 1151901 JOB NO. 1151901 Eox Zi P'o.54d V 3NNERSA,t CITY$Otd ARD UNIVERSAL COY,TEXAS 78148 1* (xfd}}5366935t?1 }aPH CAD FILE: 11519 MY OF BEAE UMONT INSIDE_20REVI.DWG PROP05 ED 20„ ENTERPRISE PIPELINE INE DESIGN DATA LO GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 20" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELIt!F D BI,QN DATA 2.1 DESIGN CODES.-THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD.CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR., 0.72 E 3.0 CATHODIC PROTECTION vi 3.1 RECTIFIER IMPRESSED CURRENT n 4.0 CONaTRUCTION METHOD m m 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT AND HDD a Q 5.0 BORE AND/OR HQD LINE PIPE n 5.1 OUTSIDE DIAMETER: 20" rn 5.2 WALL THICKNESS: 0.500" d 5.3 PIPE SPECIFICATION: API 5L H 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,ODO PSI) t 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: HFW 0 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) do 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) 0 u sp S. 21 V N a / rn v u c � `o 4 E N0.I DATE IREV. 8Y:I REVIStON 0 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E PIPELINE DESIGN DATA 0 Y m DRAWN BY: TGH. SHEET: 4 OF 4 i rw CHKD.JAPPD. BY: MC SCALE: N/A "' m'@ m' UPDATED BY: PF/MP DATE: 09/09/13 ="Morris P. Hebert, Inc. DATA BASE: 1151901 Joe No, 7151901 SURVEYING•ENGINEERING 6 ENVIRONMENTAL SERVICES•FIELD SERVICES•CIS i P.O. BOX 3106 • 283 CORPORATE DRK •HDUAA.LOU KA 70361 1 (985)879-2731 MPH CAD FILE: 11519 CITY OF BEAUMONT iNSIDE_20REVi.OWG 1540 UNNERSAI.COY BOULEVARD- UNKnk QTY, TEXAS 78146- (210) 366-9350 CITY OFDBANN0hT APPLICATION FOR ?IP�TJ0ETJCEN8C- AGD-E�EVMENT THE STATE{)FTEXAS 8 COU N`[Y 8nJ�F7FU1lDON ~ ' 0usiuoaxNmnic: I-111cypriSe lWimed p d Comixilly}IC Business Phone: ite Bunineas Address:/ltt Liticla The City ofBoounionf, hereinafter call:d''[ity`, for and in consideration of the sum @Pucd5odberoio $500 (,—)u bnrcby graototo Dnf i |< fi dP d t (` n i [L[` hozoiooftoz onlb:d 'I.ioouucc", the license to lay, maintaill,Operate,replace,orl-cmove apipeline i`br the trwisporUltio-i-I of oil..oas,water, or their puoducla, on or across the Ibl|owiug property oituu1cd in the Ckv ofDoaomout, J3tfbryoo County,Texas,aodb ' uxruparticnlmr|vdoxcdbodiuBxbibit'A`^a1tuohedhnreto und.modeupmthercof for [J8 9 8|i l EXHIBIT "D" COST OF LICENSE: Licensee shall make p.aynient to the City of Beaumont as-.Follows: • License Afn:ecn-iant fee-$500.00 • Amnial fee of $2,25 per linear-foot ofpipelinc located within City property. &aid fee shall be reset on January 31, 2011 and shall be reset every tell (10)yelaTs, thereafter, to a level to be deteianined 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 consttuctioii. This license is granted bythe City of'Beauniont subject t6 conditions. Failure to comply with the following n7tay result in termination of agreernent,(see page 8). T AL CQND1TJ0NS: 0 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 :tier zcsalefioni this covered pipeline to customers within the City, it will be required to report swell distribution and when lawfully required to do so, pay a street rental fee based on revers,,es. The annual fee and the regulations controlling the paynient of such fee will be those as Lawfully established by the ordinances of the City. * All pipelines crossing public rights-ot'-way shall be bored fioin right-of-�vay line to rig e s .ht-of-way line. Within these limits, the pipeline hall be protected by casing or other inothod approved by the City and/or the Texas Deparlincnt of Transportation. * The pipeline shall be constructed in such a waimer as approved by the City so as i"does not interfere with the use of the City proper-ty. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlilles, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City -and./or Texas Department of Transportation. Such grades and lilies shall be indicated on niap submittal, as well as depth of proposed pipeline(see page 4). Tho construction and operation of the pipolhie shall not interfere with the natural drainage in that area nor with the drainage system of the City, rLor with sanitary sewer lilies, waterlines, or other utilities. Darnagc to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch tl-,):ado 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 sil'audards. 0 Excavations necessary for the construction, repair, or maintenance of the Pipeline shall be perforined in. such a manner that Will cause mininIal 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, 0 Operations along roadways shall be performed in such a manu3r that all excavated niaterials will be kept off the pavements at all tinier, 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 daniage 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. 0 Barricades, wanking signs and lights, and flagpersons shall be provided by the contractor or owne.r whelp necessary, 01-Ay under extreme circumstances, as deemed necessary by the City Engineer, will open calt[ing of a street*or roadway be allowed. All balTicading imist be by permit and approved by the City(Public Works Department)in advance. 0 'Viy construction which takes place iji, on under, above, or across property not owned by tl3e City shall require additional permission by the own r" ).pf the,property involved. Written proof'of said perill isslon is to be — - P.M provided to the City as part of the application process, Approval of this license agrconv nt excludes peri.nission to dzo&ny corlstrtiction on property which is not owned by the City of BC',IUI-IIODt. Any licenses,permits or agseements required by another govoymnental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agrecement is not required by said govenuuciital entity, then docLIMent af i on C� 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. Licensee shall be responsible for acquiring all agrce)--nents necessary for the lawful use of a[ny private property. A map showing the location of the proposed pipeline shall be provided. (I"=2,000' City of 13--aurnont map or United States Geological SI:,j:vey Map) o 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. Onm the pipeline- is in operation, any dainage that occurs to the pipeline which results in exposure or release Of product must be reported injinediately to the City Fire Department and Public Work's Depariment. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and a-11 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 contminated areas due to exposure or release of product and arty ani all costs associated with said cleanup and remediation. The Licensee shall be resl')ousiblo for any and all costs associated with the rclocatian 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 mainlainod or constructed in City 1-ight-of. way shall be obtained by Licensee or it's contractor prior to beginning mair,tcm,mact, or Construction.on. ]"he fee for such permits is in addition to this LastjIlation will be dorm« in City sV-ndar& and sbfut,,s of the State,of Texas, 4 REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability 111surance, including bodily injuxits and property daniage,.iiaming the City of 0 Beaun-iont as an Additional fnsuro,L Such policy shall provide for the following minimum coverage: • Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident • Properly Damage: $1,000,o0.00 Such insurance shall be maintained in force and effect during the construetion or required maintenance of the pipeline and during th-, life of the pipe-line. Such certificate shall contain a provision that at least fifteen (IS) 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 asurety bond in the priliripal ainowit of$1,000,000.00. The bond shall be payable to the City of Bea-wiiont for the use and benefit of any person entitled thereto and conditioned that the principal and surety Will Fay all damages to any person caused by, or arising from, or growing out of any violation of the terns of this agreenrant. The bond shall provide that it may not be cancelled, altered, or oftierwise modified without giving fifteen (15)days prior written notick-,to the City. The bond shall be good and in effect for a period of one (1)year from the date of completion oi"consfructiori of the pipeline, Licensee shall indemnify, save and hold hartailess the City of Beauni.ont front any and all claims for in.uries acid damages to persons or property occasioned by or arising out of the coiistructioii, .tiiailite.nanco, operation, repair or removal of the pipeline. This index-unity expressly extends to claims alleging nwligence by The City of Bcaunaorri:, it's agents, offic3rs or employees, arising ftorn actions taken or occurrences under this license aor Beni ent. If '(he pipeline or any part thereof installed by Licensee shall be iri any y Ci,tY or any of its agents oi- o P pl-o"ye. es, in . connection with the performance of any work or repairs that may be done upof-t the proper ity jaientlwf d 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of C, 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 dm-nage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTR.'LJCTIC)N/1\4AFNTr�--NAI,,TCI-- wraw R.o.�r.- 0 City will use its best efforts to notify Licensee of any Proposed construction and/or maintenance, to be done by City forces orby colliract for ilaeCiLy, within theR.O.W. involved with this license. I Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.0N,involved with this license will be the responsibility of the.cornpany obtaining said permit. 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 nuinber, or charges to such number,will be provided to the City (Department of Public Works) and kept current at all thp-cs. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.0.1Vi7, and which are required to provide notification of such work. When inforniation has been relayed to Licensee, through the phone number provided, such confact shall constitute. notification for Licensee to provide location of its lines. Failure, by Licensee-, to respond within the required time frame shall alleviate tho 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,waWr and. other pipes and cables, and to do or permit to be done any underground work that rnay be decr-ned to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to ch-,nige any t� -p -,-! iling curb or sidewalk or the grade of any said streets. In doing or c 11 Lw any such Avork, the City of Beanniont shall not be liable to Licensee fox-tiny darnage- occasioned, it being understood that nothirig herein shall be construed as foreclosing Licensee's rights.to recover' damages against any Qontractor or third party Nyho may I?c responsible for damages, to Licensees facilities. 6 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a ucw street or highway along or over said street, or by reason of the location or mai U i er of constructing drainage structures, water pipes, gas pipes, sewers, or other undorground L� construction for any purpose v,,hatevcy, it shall be deenicd necessary r y by City to relocate, alter, encase, change, adopt or con-forn, the pipeline; of Licensee thereto,such change shall be made prop ptly by Licensee at its cost and without claim for reimbursement or damages against City. ):f f the ohat-iae is demanded by the City for the benefit of any other person 017 t, private corporation, except, the City or the Texas. Department of Transportation, Licensee shall be rofi-al-ursod fully by the person or corporation desiring or occasioiiing such change for any expens c arising out of such change- provided,however, should the charine be requested by the Texas Department of Transportation or be required dut,to construction of a state or federal highway, Licensee will, upon notice"from the City, make such change ininiediately 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 inauney of the ?."" zn� 4n pipclinc, where san-io is in a City street,alley, casement or other right-of- way. -N OTIFICATION/MSPECTION: * Airy and all work to be performed on City right-of-way (RD.W.) shall be observed and inspected by a City representative. Any wo-rk 10 be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards, * Licciiseo shall provide the City (Public Works Department - Engineering Division) twenty-four (24) ho-trrs prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-foul: (24• hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such hispection services may be billed to the Licensee and such arnounts will be reimbursed to the Cit3l. * Lic�,--isee shall notify the Engineering Division at least forty-ei.clat (48) hours prior to completion of work and removal of equipment ftomthr"job si e to permit the City to make an inspection. 7 SPF,CTAL CONDITIONS: NTonas i2nabjp This license is personal to the Licensee. It is nonassigi)able and any attempt to assign this license will terminate the license privileges granted to License-, hereunde-. Termination This aareement is subject to termination by the City if any condition specified herein is not ri-A, This agreement play also be terminated by the Licensee, Bither party attempting to terminate this a-l�eeineiit 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(3 0)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 retuin receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaurnont Nainc of Licensee-: Entgrprisc RcJiiicd Products CniLipany LLC P.O. Box 3527 Beaumont, Texas 77704 Address of Licensee:-1100 Looisima St; Suite 1000 Attn: City 1\4anager City and State of Licensee:-T-10"stoll,TX 77002 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 111onies collected for fees associated with this aga-cement will remain the property of the City. 'There will be no reimbursements. coDginegimment of Ivorl,on the pi1rline by Ujcenw?after the date of Iis fully executed fioms-- shall he construed as evidence of Uoense&s acecpLmnce and approWl of the wRdifioms above --&t forth. IN WITN IlSS 'WHEREOF, the City of Beaumont,Tbxas,has caused the—wo presents to b--siggied by its City Managger and the seal of the City to bz limemith affixed by the City Clete, of___,A.D.20 CITY OF B&MBIONT, -1 EXAS By., Kyle Hayen,City MU magocr A i -ST: City clorl-, APPLICANI"S COMPANY NAME: ("emism) nutejiise It -med Produq Conjm-myjLLC Repre—sented by- Tide A:j TEST:'- By:, \pipe jiI)C3\\pipd)jrIa­jiCeIISe:—'-Ig1'ee 9 Rcviscd 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A--32 L - ^ -=AUMUNI CITY umrr5 Yrly/rlSf gx J u S IB t + 1 �+ 13-120 SSE �� p ��I l• / 3D'PIP y+rf 40, ro� 1IT � 4i. x �y 'f PROPS _ :2 SW PlIPEUNE 63 So PROJECT o LOCATION PROPOSED ^ :���t—tir ; (°��o�� °% tlw°% ��j ys4e,. �'L•� O ",o``arpa l �„ e 3;. — EN7SE roo}�,F�a E C W PPELM j_' '0� ( 1� u1 VICINITY MAP ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE SYSTEM, NAD 83 SOUTH CENTRAL QUAD MAP: ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL ��� BEAUMONT, EAST, TEXAS (30094-Al) POSITIONING SYSTEM (CPS)) STATIC SURVEY. MTANCES SHOWN HEREIN ARE SASEO ON CHID, 0 1000' 2000' 4000' t v NO.I DATE IREV, BY: REVISION •c 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E k VICINITY MAP PROPOSED 30" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS DRAWN 3Y: TCH SHECT: 1 OF 4 CHKD./APPD. BY: MC SCALE: 1"=2000' UPDATED BY: PF/MP DATE: 09/09/13 _Morris P. Hebert, Inc. SURVEYING•ENCiNEERIXC•ENVlRONYENTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 PO BOX 2C,8TMY CORPORATE D �CITY.TEX 781+8- (210)MG-9350 T MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-30REV1.DWG JEFFERSON COUNTY, TEXAS �yt PELHAM HU__MPHRIES SURVEY A-32 �Z ^tc �1`♦TM �,��"r�� � rY�,i� �t r ��►r f ♦.! 'r'.�aor�R� � � � i I ,y W� C �, �d2'4l7v'}'s.r' t (y yr . �>?S.`*.�i'' V1N (n,,./ ^^•!•..� ♦ vn' _ /^fp ')'h .• ��! ` �iC' R.�- .?fit ry 1.� r Wa ~l .�' Aa• v''(f 1•>,r <4 rt n^S 'k � lY+ .� �_'"� VO t•� � 7. �v fi lhl �:� 4, ``ct;w; - •iE,. L� 1C��..rVll � ,y{v,r: ..• s� �� rr./ 4Y ,c�,�}�,�, Flyy y..,,h n♦'.P ���� ,(�..()i'r �,,'�,. � ;fir�t�'4.� `S"O �"',l%Tail L� � � {'•i � \1-�i�� r �''A '� `s g' \v d `A`•� ' :"^yam, a. 11 � y n�N N (5-'-'t"k�n�.(N �w:f�)S\C..d tS r a\t-=,;�a. 4 "'1..~"•.a.'�. r�'�, �„{"�h h\'�\4���'?u'S)VaSy'{r/i.e`.y'�W/?�../`♦/"' ,�c;~♦ii yY"..,I•rr(Mr.l.u'^`♦Q;Y\1/y=,-r,y��R J-- �.r'•r J!y,.0,,+sr`y''lC Sy%f\./y f�•�r4/�f'/ry lI,r t?�.f.r tiv;t�!.`. Y�fa017 rn' " MAY T~ lfT �� 5 � � _, .� � t } ,�♦>. �ba l `41.�'�il.h� is� ! �'- r 4: ♦�t.:/ft i C�,;Ca („ ��� Cf y!.. .,,r !N \ .,. p• it ��\ ti: .y,.+a, �1 ..'a f y,'T� -C ��'. O i ` �r y���rj .` ..i �a ,.,-•� a,.r i.." _ a ^ 3 39 -67'3,4; E-336,859 97 4 �.a. 9�y�41 tA� re1/ c"d 3 t oi t" fi��♦}v,,5:•'�*tiy� E ,Rr r� r l«.'r.^r' L,Afi�'r ,NA'Y� '•i' t\ /'Y ♦•n� i ,+ r`pct � .1y & Y � �`� ��r�fi� `.ta'.5✓ .a+,rxi art�„; ? sk f ns/ n ♦`'^ � ! ` 00 � r^`y} ..” � '\' F`Ir.'r3r��'°`r' ..fs'e_.` t,..lr��� ��c��✓r �Y��'�„`' t ($,/ � n � $dF,�r, ti�'� �'-. !l�• a. ,�nt ��.�. ��' Yi.c } ''�.\,�t ��`��a.'.to�✓ � �. � 4 t �Fr 't hjr �" �`1 �y�i/+�,,•; 'u '?y t".��'S`d w�i XcrZ`�a'pr i���`✓•v> n`'�S(�t�y�( �„ ���. r �,�',� `;,[•' "' �.�� �� 'Z` s\`��',k""'�t�,.Sr'*;S ��:::�1Jf �'•'Iv� G a hW�'�:�F-:,?_:r\`FiL,j ,�fv'�. Ca.j+. s_`_t1 y\ 'a:'.i. .a"{:?. '.er�`s'_T',i ri::.L1�'� i..,+:J�� i rn SURVEY PERFORMED ON 05/13/2013. AN ON-THE-GROUND EFFORT HAS BEEN MADE TO LOCATE AND INDICATE ALL BELOW GROUND.FERROUS WUAL CABLES, PIPEUNES.UTIL IKS. ETC. PLAN NOTE: CROSSED BY THE PROPOSED PROJECT;HOWEVER DUE TO THE>&IMNT ALL BEARINGS AND COORDINATES REFER TO '= LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EOUIPMENY. GRAPHIC SCALE THE TEXAS STATE PLANE COORDINATE SYSTEM. NAD 83 SOUTH CENTRAL ZONE US SURVEY FOOT m LIORRIS P. HESERT. INC. IS NOT RESPONSIBLE FOR ANY CABLES. ommmom�- AS DERIVED FROM A GLOBAL. POSITIONING SYSTEM j PIPELINES. UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES `[ $) STATIC SURVEY. OtSTANCES SHOWN HEREIN (INCLUDING PVC)NOT LOCATED DURING THE COURSE OF THE SURVEY, 0 1000 2000 4000' ARE BASED ON CRIO. c N0.I DATE IREV. SY:I REVISION 0 E ENTERPRISE REFINED PRODUCTS COMPANY LLC L2 PLAN PROPOSED 30" ENTERPRISE PIPELINE ~ INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m DRAWN FY: TGH SHEET: 2 OF 4 CHKD./APPD. BY: MC SCALE: i"=2000 a r s �w�.�a /w► UPDATED BY: PF/MP DATE: 09/09/13 -Morris P. Hebert, Inc. SURVEYING•ENGINEERING•ENVIRUXXENTAL SERVICES•FIELD SERVICES•GIs DATA BASE: 1151901 JOB NO. 1151901 P.O.13OX 31D6 283 CORPORATE'� 1540 UNIVERSAL CRY BOULEVARD'I UNIVERSAL�CITY1,TO X 78I68I- (210)366993501 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_30REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 �p `��c\•�. v. i�.� ?' �� �w ..\ f, �� x� _.�c ��� 1'rtk--�� . +..� 1� �vl'f k ; s s r Jfj 1 '+, ,r/ � �... ° - ,,. h �} �•r //i %i 1 89 wt C1V y�4� was �f� t aw'�.♦, 7��>y���,..{ '��! "Fm^'>...,4,,,,�"s'�s. 4d- (° '`"+� �. ' f � d a2, Q a�,_ .. �\���'�'� Ati �" lcs�/�"� `'�'*�L`'�;, �- S RR ,�"}r�.-���r.� +c£,.�f+,r!*�'•�a^�."'�'rr. r # PLAN �D N.T.S. INSIDE OtTY £t#4CC8- `- �+ —wS}bE CITY ltMCiS n HOD-- OPEN CUT - —HDD HOD OPEN CUT— CUT z 2 a a M 3 _ � icy � 4 o 1 r E ii =a M CC pQa 02 D 0 O Q U W Cir c + Gir NATURAL. GROUND rn 8'-IQ' MIN, ifl� ..,._ 12" WATER 8-1 iY IN 8— 8" WATER I - — 8" SEWER t 25` MIN. N 5' MIN, 5' MIN, PROFILE N.T.S. NO.I DATE IREV. sY:I REVISION Q ENTERPRISE REFINED PRODUCTS COMPANY LLC I~ TYPICAL PLAN AND PROFILE PROPOSED 30" ENTERPRISE PIPELINE " INSIDE THE CITY LIMITS OF BEAUMONT w JEFFERSON COUNTY, TEXAS o� ° DRAWN BY: TGH SHEET: .3 OF A mw CHKD./APPD. BY: MC SCALE: NONE a rrr reR rear =' Morris P. Hebert,, Inc. UPDATED BY: PF MP DATE: 09f09/13 SURVEYING*ENGINEERING*ENVIRONMENTAL SERVICES*nEw SERVICES*Cis DATA BASE: 1151901 JOB NO. 11519()l P,O.S+OSDUNNERSAL�8 rA D DRIVE LOVISMA T ma it (2,0 36'-"'I 6 44 50 1 MPH CAD FILE: 11539 CITY OF BFAUMONI INSIE}E_3DREVI.DWG P$QPOSED _30" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 30" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION AC71VITIES SCHEDULED FOR 2013 THROUGH 3RD QUARTER OF 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PS1G 2,3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 F 3.0 CATHODIC PROTECTION to N 3.1 RECTIFIER IMPRESSED CURRENT n 4.0 CONSTRUCTION METHOD ° 4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD W a a 0 5.0 OPEN CUT AND/OR HDD LINE PIPE a 5.1 OUTSIDE DIAMETER: 30" v 5.2 WALL THICKNESS: 0.625" 0 5.3 PIPE SPECIFICATION: API 5L n 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: DSAW 0 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) 0 Co `o r v m 14'7 N E u a i P } V u C .Q O E N0.I DATE IRE V.'EIY: REVISION 0 k ENTERPRISE REFINED PRODUCTS COMPANY LLC 0 0 PIPELINE DESIGN DATA DRAWN FAY: TGH SHEET: 4 OF 4 CHKD./APPD. BY: MC SCALE: N/A o r .,. `�� ` ` UPDATED BY: PF/MP DATE: 09/09/13 a Morris P. Hebert, Inc. SURVEYING*ENGINEERING•EAWROYMBNTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 P.O. BOX 3106 4 283 CORPORATE DRNE • HWIAA,LOLWANA 70361 • (985)$19-2731 1540 UW40r-AL CI1Y BOULEVARD• UNNERSAL CRY,TEXAS 78148• (210)366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_30REV1.DWG CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Refined Products Company LLC Business Phone: 13 381-6396 Business Address:Attn: Linda Matthews 1100 Louisiana St; Suite 1000: Houston. TX 77002 The City of Beaumont,hereinafter called"City", for and in consideration of the sum specified herein $500 hereby grants to Enterprise Refined Products Company LLC I 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) US 69 - cast side in TXDOT ROW- 12" (no ROW) SI-I 347 - east side in TX DOT ROW - 8" sewer and 8" water(no ROW) 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 alevel 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 eonstruction. This license is granted by the City of Beaumont subj ect 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 withha 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(foes not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lilies 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,unitary sewer lines, waterlines, or other utilities. Daniage 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 standard-,. 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)ment 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 0 of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)in advance. Anv construction which takes place in, on under, above, or aCI-OSS property not owned by the City shall require additional permission by the ovai.e.r(s)_of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 • Any licenses,permits or agreements required by another governmental ontity (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. 0 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. (I":=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, 0 Th:- 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. 0 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, 0 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 LicenseAgreement-fee. (See Cast of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 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 fbllovring minimum coverage: • Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 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 (I)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 f6r 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.: 0 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. I 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. 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 pen-nit 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,orthird party who may be responsible for damages to Licensee's facilities. 6 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, NOTIFICATION/INSPECTION: 0 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. 7 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 Refined Products Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana-St; Suite 1000 Attn: City:Manager City and State of Licensee: Houston, TX 77002 — 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 Nvill be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this filly executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN 'WITNESS THEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Managiz and the seal of the City to be herewith affixed by the City Clerk, this a 5 day of :Se A.D.20 CITY OF BEAUMONT, TEXAS By: L I ,_w, Kyle Hayes,City Manager T: 1 City Clete��o���o\\ APPLICANT'S COMPANY NAME: 1s (Licensee) �• 'A i +� Enterp><ise Refined Products Company LLC Rep rated by: Titl� ATTEST- By: ecretary i 1pipelinesllpipeline_license agree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 ,, �-"�7 �.� � '"z•� � v',•'°r ` _ �._ " ,,,.rte-' i `�������!!!!11 ENTERPIFISE PROJECT LOCATION " PROPS { i(03'' 4m rm ).`.l ol *r0l " 4, 4" 03 o1 m 01 'K:t°��tQi1 +�,:;t�to) } . NOTE: VICINITY MAP M All B OWA AND CO0R0MM REFER TO THE TEXAS GRAPHIC SCALE STATE PUWE ,M*D MMTE SYSTEM. NAO 83 S4tf1M OEN[RAl `� OtiAO YAP: ZONE uS SURVEY FOOT AS 0BRarEO FR011 A Gl06AI BfAUYONT EAST. TEXAS (30091-Ai) HmAaE es+t 'oLpsTAnc 0isTANCES staowN 0 1000' 2000' 4000' N0. TE BY: REVISION � ENTERPRISE REFINED PRODUCTS COMPANY LLC _O VICINITY MAP PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE E CITY LIMITS OF BEAUMONT ro JEFFERSON COUNTY, TEXAS ri DRAWN BY: TGH SHEET: 1 OF 4 CHKD./APPD. BY:MC SCALE: 1"=2000' am Zw am � ="Morris P. Hebert, Inc. UPDATED BY: TH DATE: 09/09/13 sum=-uxIUmmW•g=MM 3B S88mm-,Wg DATA BASE: 1151901 JOB N0, 1151901 P.O.BOX 3106• 283 CORPOW E OW-NOtarl IOLW A 70361 •(985)d)9-2731 1540 tawE&L CRY BO{R,EVaRp•UNVD18k COY.TVA 78148• (210!386-9360 MPH CAD FILE: 1 1519 CITY OF BEAUMONT INSIDE-$.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 ae �' of SURVEY PERFORMED ON 03/13/2013. AN ON-M-WAM EFFORT HAS WN WOE TO LOWE AM NO= ALL IBM 00U NO MMS NEW C+RIfS.P1PEI,9E5,Muller.ETC PLAN NOTE: % 8Y THE PAOPOSEO PBwm.NOMEYER INE 10 TI1e Memo ALL I&V AM COOROM+u►TES REFER TO UYMTATIONS OF ELECTROW MAGNETIC LOCATM EOU PMENT, GRAPHIC SCALE THE ONE us�Y FOOT NoaMS P. Ne9ERr. NC a NOT MR wor CA91ES �� AS OER W FROM A OLOIiAt P0Sn1cMrNC SYSTON FVQM UXMIS OR ANY OTTER IM MAD $'(R1K:r1Mik.'S CPS STATIC SURVEY. OISTANCES SHOWN HEREN 0 104 PVC)Nor LOCATED OURMIG INE COURSE of THE SUB+V. 0 1000' 2000' 4000' � ON ORC. N0.I DATE W 6Y: REVIIWN ENTERPRISE REFINED PRODUCTS COMPANY LLC E PLAN PROPOSED 8" ENTERPRISE PIPELINE " INSIDE THE CITY LIMITS OF BEAUMONT 0 JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 2 OF 4 Gar w t CWD./APPD. BY:MC SCALE: 1"=2000' M s ai it am aw i M+ y� am i ice' AC' Z `fir Z UPDATED BY: TH DATE: 09/09/13 Morris P. Hebert, Inc. S=F MIX•"M•8M'iJI�IEIEMAL stRY '&S•n •pg DATA BASE: 1151901 JOB NO. 1151901 P.O.90K 3106• 283 CORPORATE ORNE•H=Ak L0IMSYMN 70MI • 905)879-2731 1540 UNIVERSAL 011Y WAEYNR0• UNNWAL Omr,IM 78148• (210)366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_B.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 ... r ro: ,,-y puiy�rnr•,1� ��IVM" I'""` a'♦ •,c y, .,. y. ,7- _ .c �` .w ��'14� ��` 'k:'g \ � tY•.A I��' � 41'44....... r x. O PLAN N.T.S. INSIDE Cm LIMITS INSIDE CITY LIMNS- ^—HDD -OPEN CUT HDD HDD 06, HDD OPEN CU7 OPEN i CUT r a3 V NATURAL GROUNO �, a–10' MON 12' WATER ,�, _ a- WATER ."— 81 SEWER .� zs• ,waH. 5• MW' a5' MIN, PR FI N.T.S. NO.I DATE MY BY.1 REVISION 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 8" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 3 OF 4 h ��..�.m 4 CHKD./APPD. BY:MC SCALE: NONE o � Aw UPDATED BY: TH DATE: 09/08/13 Morris P. Hebert, Inc, Sup vtm•WGINU nre•0THIMM AL I. = .cis DATA BASE: 1151901 JOB NO. 1151901 P.O. OCK 3106 - 2113 WFMM ORK-MAK latlWM 70361 -(925)a -2731 °� 150 UNIVERSAL WY 61%xEWM 4 LWVUtSA.CITY,TE X 78148- (210)366-9330 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_8.DWG PROPOSED A- ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1 1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 4.2 PIPELINE NAME: 8" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD QUARTER OF 2014 2.0 PIPELINE DESIGN DAY 2,1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS UQUIDS, BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2,2 DESIGN PRESSURE: 1440 PSIG 203 HYDROSTATIC TEST PRESSURE: 1850 PSiG MIN 2,4 DESIGN FACTOR: 0.72 3.0 MHO IC PPOTFCjIO 3,1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPEUINE WILL BE INSTALLED BY OPEN CUT AND HOD o 5.0 OPEN CUT AND/OR HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 8.625" 5.2 WALL THICKNESS: 0.322" 5.3 PIPE SPECIFICATION: API 5L 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X52 (52,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: HFW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FOE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) of O O NO.I DATE IREft. fy-I REVISM ENTERPRISE REFINED PRODUCTS COMPANY LLC PIPELINE DESIGN DATA DRAWN BY: TGH SHEET: 4 OF 4 CHKD./APPD. BY:MC SCALE: N/A •w am amlmw dw UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert Inc SURYMNO•EN MC•ENVDIONYWAL StR17CES•191D;kpiji;•in DATA BASE: 1151901 JOB NO. 1151901 P.O. OW 3106 •2113 CORPOOR ORK*NW#.LOUMM 70361 •R0738-79-2731 1540 MAN&CRY 801.11E)W• UNIVERSAL CRY,TM 78148 1 (210)366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-8..DWG J 2! CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JETF,, RSON § Business Name: Enterprise Refined Products Company LLC Business Phone: Cl 381-6396 Business Address:Attn: Linda Matthews 1100 Louisiana St; Suite 1000, Houston, TX 77002 The City of Beaumont, hereinafter called"City", for and in consideration of the sum specified herein $500 hereby grants to Enterprise Refined Products 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,'rexas,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) US 69 --east side in TXDOT ROW - 12" (no ROW) SH 347 - east.side in TX DOT ROW - 8" sewer and 8" water no ROW) 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 Engineering 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 cove-red pipeline to customers within the City, it will be required to report such distribution and when lawftilly 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 IxAdully 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 mariner as approved by the City so as it does not interfere with the use of the City property. 2 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 systern of the City, nor with sanitary sewer lines, waterlines, 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. 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. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the own.er,(s)_of the propert y 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, REQUIRED COVERAGE: 0 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: S 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 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, 0 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 (I)year from the date of completion of construction of the pipeline. 0 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 indenmity 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 orinjured 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: 5 Licensee ,:;hall 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 frie City, within the R.O.W. involved with this license. I 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. 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 darnage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any coiiti'ac,t,()ror,t,hirdi).al-tv,,who, may be responsible.for damages to Licensees facilities. 6 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 const-c-tiction for any purpose whatever, it shall be deemed necessary by Cit: 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 stWe or federal highway, Licensee will, upon notic e-froze 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. NOTIFICATIONANSPECTION: 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. o 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 selieduled 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. 7 SPECIAL CONDITIONS: Nonassignible 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(3 0)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 Refined Products Company LLC P.O. Box 3827 Beaumont. Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee:Houston, TX 77002 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 5C4?4CAIA� ,A.D.20 . CITY OF BEAMONT, By: I L Kyle Hayes,City Manager T: City Cledc- APPLICANT'S COMPANY NAME: (Licensee) Enterprise Refined Products Company LLC 50, i it Represented by: 1 Aye Title ATTES By: Secretary \pipelines\\pipeline_lice.nse agree 9 Revised 12-14-:2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 R PROPOSED - '• °' � J3-120 tr0 R� +'• E g '' t 1 MihyylsJ PROPOSED T Stt3 0 w. PROJECT ` LOCATION s PROPOSED S ENYERPRISE ..tO1 w IRIFIElift q v ! `� y Eg -c ri: a •��.,+1`O'' J O tl {.0.,.� I_- � ,. 01 a-. i g Ol s{o qt( l W°t")t 0i1 r-ia (01 VICINITY MAP % NOTE: M ALL BEARINGS AND COORDINATES REFER To THE TEXAS GRAPHIC SCALE 'E STATE PLANE COORDINATE SYSiEK NAD 83 SOUIN CENTRAL �� OUAD MAP: p ZONE US SURVEY FOOT AS DERIVED FROM A GLOBN. BEAUMONT EAST. TEXAS (30094-A1) HEREIN AREARE BASED O(t STATIC SURVEY. DISTANCE'S SHOWN r s c10. 0 1000 2000' 4000 ti NO.1 DATE REV, BY: REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC E k VICINITY MAP g PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT 4 JEFFERSON COUNTY, TEXAS d DRAWN BY: TGH SHEET: 1 OF 4 CHKD./APPD. BY:MC SCALE: 1"=2000' "w am A"��"' Aw UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVE M#EXCIXEf M#INKSONAWAL SZRVM•FW SSRw=•w DATA BASE: 1151901 JOB NO. 1151901 P.O.S U 3uliuE�AL� +emu CITY, i8 40 0(210) 6 g pl MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_14REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 vi MONf I � . t ! p x 41 p r R m ;t � ,, •"� /fir°�:_ {c`� a r \ r rn SURVEY PERFORMED ON 05/13/2013, n AN ON-TK-{iWM EFFORT WIS KW WA TO LOM AND NWATE ALL 911OA1 GROUND FERROUS METAL MM PFOAM UTRM M. PLAN NOTE: w OIQ=6Y THE PROPOSED PROJECT;ROOM DUE TO THE NIERENT ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MAGNETIC LOCATMIG EQUIPMENT. GRAPHIC SCALE THE TEXAS STATE PLANE COORpw►TE SYSTEM.SURVEY I= MORW R WEIR. WC. IS NOT RE5P01616t.E FOR ANY CABLES, ASS 3 SOUTH R01t O6ONE US 01 SYSTEM PFELNES, UTURES OR JVIY OTHER BEIAY► GROUND 51RIXlURES (GPS STATIC SURVEY. gSTANCES SNOtvN HEREIN (rrC AMK PVC)HOT LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000' 4000' ARE)eASED ON GRro. N0.I DATE IREV. BY: REVISION q ENTERPRISE REFINED PRODUCTS COMPANY LLC E k PLAN PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT p JEFFERSON COUNTY, TEXAS b m DRAWN BY: TGH SHEET: 2 OF 4 a i�•� r CHKD./APPD. BY: MC SCALE: 1"=2000' � w a. air ar ar ar UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURYL°YLYC•BNGIXMWXC•RNi?l1171►XWAL SERY/CSS•F/BLD SERRUS•WS DATA BASE: 1151901 JOB NO. 1151901 P.O.BOX 3106• 283 CORPORATE DRK•HOUMA.LOUIS"70361 •(969)679-2731 4i 1540 UNNERSAL CRY 6OIAEVARO 4 LUVERSAL CRY.IM 78148• (210)388-9350 tMW CAD FILE: 11519 CITY OF BEAUMONT INSIDE_14REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 w 44, - y� ,r 1 Y"/'rf •t \ � Xr^. ,♦ w. o PLAN INSIDE CITY LIMITS N.T.S. tTS—N.T.S, -� f••-- DOE CCTV LIMITS xDD PEN CUT xD0 xDD OHDD pPEN CUT OPEN —»-{ CUT &- o 1g J 40 T v TNT AL GROUND as 8'-1 b' MIN ;a` .._ 12" WATER 8'-I ` j--- 8` WATER _�., 1 r°— 8` SEWER —• .�� 25 a j 5' MIN. ! a S' MIN. PROFILE N.T.S. 0 W.I DATE 8Yt REVISION ENTERPRISE REFINED PRODUCTS COMPANY UC E TYPICAL PLAN AND PROFILE PROPOSED 14" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS CID DRAWN BY: TGH SHEET: 3 OF 4 m w \ « CHKD./APPD. BY:MC SCALE: NONE aw UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SU/RVrfW•BMCDYUMG•PdVVlRt1XMWAL SBR •FtB1,D SERITCBS•G/S DATA BASE: 1151901 JOB NO. 1151901 PO5 3106*293 CORPOROE COY + COY.MIX i• (21�366-99�pi MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_14REV1.DWG PROPOSED 14" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL IffORMATIO N 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 14" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS UOUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 831.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 E h 3.0 CATHODIC PROTECTION n 3.1 RECTIFIER IMPRESSED CURRENT :. 4.0 CONSTRUCTION METHOD rn ti 4..1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD w C5.0 P1 EN CUT ANDJOR MOD LINE PIPE J a 5.1 OUTSIDE DIAMETER: 14" a. 5.2 WALL THICKNESS: 0.375" 5.3 PIPE SPECIFICATION: API 5L 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X60 (60,000 PSI) 5.5 MATERIAL: CARBON STEEL "c 5.6 PROCESS OF MANUFACTURE: HFW 0 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) 8 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) 4 Y D] O V m , .E Y a r Y 8 0 E N0.I DATE M 6Y: RE4sm e 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC T E PIPELINE DESIGN DATA 0 m DRAWN BY: TGH SHEET: 4 OF 4 N .. s CHKD./APPD. BY: MC SCALE: NfA UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SUM11MC•BX61NEBN9C•BNi'lRaNXWAL SLRYM•MD SBRi+M•W DATA BASE: 1151901 JOB NO. 1151901 r P.O,8QX 3106 • 283 GgRPORAiE DRME• tiplalM 10U15NMn 70361 •(985 879-2731 1540 tx&VSk CRY IlMkEw to• LwERSAt.CITY.TM 78148• (210),366-13 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-14REV1.DWG CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Refined Products Company LLC Business Phone: C13 381-6396 _ Business Address:Attn: Linda Matthews 1100 Louisiana St Suite 1000; Houston TX 77002 The City of Beaumont, hereinafter called"City", for and in consideration of the sum specified herein-- S500 hereby grants to Enterprise Refined Products 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) US 69 - east side 1n'CXDOT ROW - 12" (no ROW) SH 347 - east side ir.TX DOT ROW - 8" sewer and 8" water(no ROW) 1 COST OF LICENSE,: [-,icensee 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)eline 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, 2 0 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 pipelinc shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, 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. 0 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. 0 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. 0 Ba:-ricades, 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. 0 Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owne.r(s).of the property involved. Written proof of said permission is to be pre vi ded 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. 3 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. Licer.see shall provide copies of all necessary agreements to be obtained from other City Departments. Licensee shall be responsible for acquiring all agreements necessary Ibr the la,,vfill 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. 0 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. 0 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, 0 Pennits 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) , 0 Installation will be done in accordance with all City standards and statutes of tb-.State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily injuries and properly damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: 5 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 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 aperiod of one (I)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 indenmlity 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 agree::nent. 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: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont J.-or 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 CON S`1 WITHIN R.O.W.: 0 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 tja--City, within the R.O.W. involved with this license. I 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. 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 A the person(s) requiring the lines to be relocated. 0 City reserves the right to Jay, 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, .Cross, 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 cons:rued as foreclosing Licensee's rights to recover damages against any contractor or,third Darty-who may be- responsible for damages to Licensee's facilities. 6 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 COLStr[IC6011 for any purpose whatever, it shall be deemed necessmy 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 priva-e 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. NOTIFICATIONIFNISPECTION: 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. 7 SPECIAL CONDITIONS: Nonassianable 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(3 0)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 Refined Products-Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1 100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee: Houston, TX 77002 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 re.imbur'sements. 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 seat of the City to be herewith affixed by the,City Clerk, this day of A.D.20 CITY OF ElEi= TEXAS By._ i Kyle Hayes,City Manager City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Refined Products CoMpany LLC hilt 1W ep AJ Title ATTEST: BW, \pipe]ines\\pipelin e—licenseLagree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 L Arm Eli EFFFISE r ro , .�' : . ENTEAPFpSE "� - !°nom; �rir'�'•,C�§�. PROJECT LOCATION m o IL41 �a O PFKWIOSW j r•� � ♦ .► t "5 ar rr r �.��Il ��"'!%� � (0),I,F4fi3O,,,�Mr) rJ,. /"� '�. • ` Ir. p 20'PPEl..INE ^p . �.. ,0 (0 ✓ "^/ } (. 4. m Ot 0►C r. a' ^.t (01 3 r NOTE; VICINITY MAP ALL BEARINGS AND COORDINATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE SATE SYSTEM. NAO 83 SOUTH CENTRAL OUAD MAP: a ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL �����— BEAUMONT EAST. TEXAS (30094-A1) POSITIONM ( SP STATIC SURVEY. DISTANCIM SHOWN o 1000' Zaoo' aoao NEFON AM NO. DATE . BY:1 REVISION a ENTERPRISE REFINED PRODUCTS COMPANY LLC E w VICINITY MAP PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT m JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 1 OF 4 rti n aw...�." ' ,r CHKD./APPD. BY: MC SCALE: 1"-2000' i i i Jlw� •. �" i "`,��. i "' UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert Inc. StiRPByLW*.Vmm�•gMF1RONIfBXTAL Sj1'RWM•rim Sj'RyG•Ca DATA BASE: 1151901 JOB NO. 1151901 P.O. OW 3106»283 CORPORATE DRIVE'MUK LOUIS"70361 •(985)879-2731 1540 LM IOERSAL Ctrl BOULEVARD» LWAAS&CRY.TEXAS 78148 4 (210)366-9360 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-20REV1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 4 Q L t � 4 ✓ r: !! ro x ' } ,r 4 .. 521160:57 '. g C a SURVEY PERFORMED ON 05/73/2013. MN 04-TIE-GROM MW WAS BEIN MADE TO LOCATE NO W= ALL BELOW GROM FERROUS METAL cOLM PIPE1AlES.uDiMOES.M. PLAN NOTE: am=BY Tt mwm a"1ECT:HoWE>IER DUE TD THE maw ALL BEARINGS AND COORDINATES REFER TO LIMITATIONS OF ELECTRONIC MACNEM LOCATING EOUIPMENT, GRAPHIC SCALE THE TEAS STATE PLANE COORDINATE SYSTEM. No e3 SOUTH CENTRAL ZONE us SURVEY Fool MOM P. "MM. INC. 6 NOT R65PONSW FOR ANY CABLES. AS DERWED FROM A CLOW POSMONNO SYSTEM a P1PEi KS. VVIL S OR ANY 00ER BELOW GROUND STRWRlAEa ttcOPS)) STATIC SuR4EY. DISTANCES SHOwN HEREw s EINCLWW PVC)NOT L00QEO MOO TIE NURSE OF THE SURVEY. 0 1000' 2000' 4000' 7RE'BASED ON GI:tO. v NO.I DATE IIRMEV BY-1 REVWN 0 ENTERPRISE REFINED PRODUCTS COMPANY LLC PLAN PROPOSED 20" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m p DRAWN BY: TGH SHEET: 2 OF 4 a =awi w. CHKD./APPD. BY: MC SCALE: 1"=2000' z a a a dmmw�s ar o a a a`r �r Morris P. Hebert, Inc. UPDATED BY: PF MP DATE: 09/09/13 SURVEYING 0 06INEERIMC•EI1MMMOrAL SERVICES•P19W SERVlC£S*CIS DATA BASE: 1151901 JOB NO. 1151901 P.O. 3106 4 283 t COY as0C Cm.T • {2,03 -95031 MPH CAE) FILE: 11519 CITY OF BEAUMONT INSIDE_20REV1.DWG or JEFFERSON COUNTY, TEXAS Y PELHAM HUMPHRIE_ S SURVEY A--32 it u� r. y i r PLAN N @E CITY LIMITS INSIDE Ci7Y (M1T$ HOD N CUT HDO OPEN HDD �I -+—HO OPEN CUT CUT C = N a ►- nv � X� 4 J E 4n $ °� o a' w a. s v p 8'-10' A1M� jO' 12- WATER $"-t IN ,_ $' WATER NATURAL GROUND to T 1•---- $' SEWER � 2$* MIN. 0. 5 M"". PROFILE N.T.S. 0 N0.I DATE W QYJ REVISION S ENTERPRISE REFINED PRODUCTS COMPANY LLC TYPICAL PLAN AND PROFILE PROPOSED 20" ENTERPRISE PIPELINE " INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: TGH SHEET: 3 OF 4 CHKD./APPD. BY: MC SCALE: NONE mw �r ar s r n �r w �a� •o � UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. S01r8171tC•BMMMM•MRWWNTAL SBRIM•TZ0 SrRff=•CIS DATA BASE: 1151901 JOB NO. 1151901 P 53RT6 M 10)X40 tI NERSAt CITY 90UtEVARD I.M SAL C T 1 (21366 I MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_20REV1.1)WG PROPOSED 20" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER.- ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 20" ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD OUARTER OF 2014 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 831.4 2.2 DESIGN PRESSURE: 1440 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 rn 4A PIPELINE WILL BE INSTALLED BY OPEN CUT AND HDD 5.0 jQRF ANQ/QR HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 20" 5.2 WALL THICKNESS: 0.500" 5.3 PIPE SPECIFICATION: API SL e4 1 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: HFW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION E RESISTANT OVERLAY (ARO) Co S k G O CL NO.I DATE M BY: REVISION ,-Cl ENTERPRISE REFINED PRODUCTS COMPANY LLC PIPELINE DESIGN DATA DRAWN BY: TGH SHEET: 4 OF 4 ate. A�- CHKD./APPD. BY:MC SCALE: N/A �morrls P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 e ' SURITY7KC 0 EMMUNKC 0 DWANJIMAL SZRVRW•FIELD SERVICES•W DATA BASE: 1151901 JOB NO. 1151901 P.O. 9OX 3106• 283 MRPOPATE MC• NW^ wus"70361 • (985)879-2731 1540 UMERSAL CITY BOULEVARD• MO M&C"Y,WAS 78148 • (210)366-9350 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-20REVI.DWG CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: E terprise Refined Products Company LLC Business Phone: 1) 381-6396 Business Address:Attn: Linda Matthews 1100 Louisiana St Suite 1000• Houston TX 77002 The City of Beaumont, hereinafter called"City",for and in consideration of the sum specified herein^_ $500 hereby grants to Enterprise Refined Products 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) US 69 - east side in TXDOT ROW - 12" (no ROW) SH 347 - east side in TX DOT ROW - 8" sewer and 8" water(no ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: ,D License Agreement fee - $500.00 Q 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 alevel 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: 0 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 cove-red 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, 2 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 N-viti sanitary sewer lines, waterlines, 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 Dtpa)Iment 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. o 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. 3 Any licenses,permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such docturrent 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 tither City Departments. o 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. (I"=-2,000' City of Beaumont map or United States Geological Survey Map) 0 The pipeline shall be Maintained and operated in such a manner as riot to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any darnage 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 t:� ZD 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. 4 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: o Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the He 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 frorn 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. o If the pipeline or any part thereof installed by Licensee shall be in any respect._damaged or.._njured 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: 5 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.: o 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. 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 liners. 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 witlun 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 Dr 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. 6 "D Whenever by reason of the change in the grade of any street occupied by Licertsees' 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 i is 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 pipel ine where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: 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. 'r 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. 7 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(3 0)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 Refined Products Company LLC P.O. Box 382:7 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee: Houston, TX 77002 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. 8 Commencement of work on the pipeline by licensee after the date of this fully executed lip shall be construed as evidence of I[Acensees acceptnce 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 senl of the City to be hmzwith wed by the City Clerk, this _ 5 day of YY��k1't. A.D.20 I� CITY OF BEAT MONT, TEXAS t. By:_ Kyle Hayes,City r " City Clerk APPUCAN rS COMPANY NAME: Or Enterprise Refined Products Company LLC Remwented by: Title ATTEST- By:, ecrretary \pipe]ine.0pipeline license_agree 9 Revised 12-14.2007 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 13-120 o 't. Jf C _ 3a'PPELPE 0 3 l Alp s w9 O PROPOSED • iM r W PIPELINE PROJECT o LOCATION j•''ij rJ�' ^' � +' It LO)'.jl t_,. t- PFIOPOSM t } " (olr BVrBW"9E 4" o a 30-PPe.moo,•^IiF' C�, p kol 0 1N4(;I ., ) 03 �.+(0) .�3 t�)(�l a(o) ro "- VICINITY MAP r NOTE: ALL BEARMS AND COOROWATES REFER TO THE TEXAS GRAPHIC SCALE E STATE PLANE COORDINATE S�15TEM. HAD 83 SOUTH CENTRk QUAD MAP: a ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST, TEXAS (30094-At) 6 POSITIONM SYSTEM ( STATIC SURVEY, OSTANCES SHOWN HEREIN ARE BASED ON 0 1000' 2000' 4000` t� NO. DATE BY:I REVISION 0 4 ENTERPRISE REFINED PRODUCTS COMPANY LLC w VICINITY MAP PROPOSED 30" ENTERPRISE PIPELINE " INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS op rlr�y� DRAWN BY: TGH SHEET: 1 OF 4 _a �••_• s .: • CHKD./APPD. BY:MC SCALE: 1"=2000' rr s air�r�s rro _Morris P. Hebert, Inc. "PD'41E0 BY. PF/MP DATE: 09/09/13 ° SURY�YUVC•ENGtNRlNC•�XITIRtMtXENfAt •P/EL6 5�•C DATA BASE: 1151901 JOB NO. 1151901 ' P.O.Box 3106•283 CORPOWE DW I I MWA.LOUSWA 70381 '(985)879-2731 MPH CA() FILE: 11519 CITY OF BEAUMONT INSIDE_30REV1,awc '} 1540 I1TOVERSAI CTfr BOUtEYARb• UNNER5AL CITY.TEXAS 78148 - (210)366-9330 JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A-32 ' '+1 wyati ty4t. i yy�✓ Y••' ..� '/''f � �+ +y din` J >f+. �r M f' w H� •,+{n �`y� ��� h R��`Y•�. MME � � al� � � � �� .. l I N52 '67."34 ,HE v ( ` o. SURVEY PERFORMED ON 05/13/2013. PLAN» AL MON OROUIO FORAMS METAL MES IVEIAM MWEL ETC PLAN THE ALL BEAR94S AND COORDINATES REFER TO t TIO S OF Et a nc LOCAM c OUP EW GRAPHIC SCALE TExAS STAtE PuwE cooROwATE SYSTEM. E NAO 93 SOUTH CENTRAL ZONE US SURVEY FOOT MOM P. HEBERT. PC. IS NOT REWOILW FOR ANY CABLES. AS DERIVED FROM A OLOW POSITION91G SYSTEM a PIPEUNES. UT4IRES OR ANY OTHER KLOW GROUND STRUCtURES (CPS) STATIC SURVEY. DISTANCES %40WN HEREIN (MMUONG PVC)NOT LOCATED OUM THE COURSE OF THE SURVEY, 0 1000' 2000' 4000 ARE SAM ON CM v NO.I DATE IRW BY-1 REVISION o a ENTERPRISE REFINED PRODUCTS COMPANY LLC E PLAN PROPOSED 30" ENTERPRISE PIPELINE `' INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m DRAWN BY: TGH SHEET: 2 OF 4 a.mw f CHKp./APPp. BY: MC SCALE: 1"=2000* s s s a mw a� �~"mw � a" UPDATED BY: PP/MP DATE: 09/09/13 Morris P. Hebert, Inc. SURVEYING•ENCJNBFRlNC•BNYIRONMWAI SERVICES•MID SP.R'MS•WS DATA BASE: 1151901 .JOB NO. 1151901 150 Im U zUNMERAL COY SOULEVARO 'IUNIVER5Xtm.T 7a�1• (210')")366-M1 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_30REY1.DWG JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY A--32 14 : L _ ao �i ty r 1 xlk PLAN G N.T.S. a —HDD INSIDE C17Y LIMITS _�dd� }+----ODE DO UEUtTS-----+� OPEN CUT OPEN o — HOD--OPEN CUT CUT ch v to fn V! a a CL v a 8'-10 MIN 10�r i2" WAS 8'-10` MINA _ 8* WAS NATURAL GROUND 8* SEWER MIN. E 5' MIN. a° 5' MIN. PROFILE a N.T.S. s ND. DATE 8Yt REVISION ENTERPRISE REFINED PRODUCTS COMPANY LLC E TYPICAL PLAN AND PROFILE PROPOSED 30" ENTERPRISE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS Of m DRAWN BY: TGH SHEET: 3 OF 4 r � CHKD./APPD. BY: MC SCALE: NONE i' UPDATED BY: PF/MP DATE: 09/09/13 Morris P. Hebert, Inc. SORVBYIXC•EXCIXffNXC•BII�Utp�"XT6L SSItVICES•F=SERVICES•CIS DATA BASE: 1151901 JOB NO. 1151901 `r PA.BOX 3106•283 Obi MTE ORNE•HMW£pUIWM 70361 • (985)879-2731 MPH CAD FILE: 11519 CITY OF BEAUMONT IN$IDE_30REV1.pWG 1$10 UNVERSII CITY BDUI,EOM• UWANSM.CITY.TEXAS 78118• (Ytd 366-5350 PROPOSED 30" ENTERPRISE PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC 1.2 PIPELINE NAME: 30' ENTERPRISE PIPELINE 1.3 PRODUCT: REFINED PRODUCTS 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2013 THROUGH 3RD QUARTER OF 2014 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:TNE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME 831.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTIO dd 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HOD 5.0 OPEN CUT ANOZOR HOD LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.625" 5.3 PIPE SPECIFICATION: API SL 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70.000 PSI) 5.5 MATERIAL- CARBON STEEL 5.6 PROCESS OF MANUFACTURE: DSAW 5.7 EXTERIOR COATING- 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 TO 40 MILS ABRASION RESISTANT OVERLAY (ARO) E r NO.I DATE IWEV 'BY:1 REVIS"- ENTERPRISE REFINED PRODUCTS COMPANY LLC 0 PIPELINE DESIGN DATA DRAWN BY: TGH SHEET: 4 OF 4 � =am CHKDJAPPD. BY: MC SCALE: N/A Z am ~� �= am~-NEW Morris P. Hebert, Inc. UPDATED BY: PF/MP DATE: 09/09/13 SURV117*0•0=12WO*9#11"XIWAL SERVICES•FIELD SIROW•CIS DATA BASE: 1151901 JOB NO. 1151901 P-0. 90X 3106*M MRPOW MK*HXW LOUISM 70361 - (9115)879-2731 1540 UWDtSAL ON ONLEOM 4 WAWA CRY,7M 78148- (210)366-M MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE-30REVI.DWG