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
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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:
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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
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4.1 PIPELIINE WILL BE INSTALLED BY OPEN CUT AND HOD
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4) 5,0 OPEN CUT AND/OR HD(1 LINE PIPS'
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° 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)
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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
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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
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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}'
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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
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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.
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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
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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
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s' MIN' PROFILE
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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
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n
vi
"? 3.1 RECTIFIER IMPRESSED CURRENT
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4.0 CONSTRUCTION METHOD
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4.1 PEPELIINE WILL BE INSTALLED BY OPEN CUT AND HDD
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r 5.0 OPEN CUT_AND/OR HDD_LINE_PIPE
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°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)
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
E PIPELINE DESIGN DATA
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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
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A17.2 S T:
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9 Revised 12-14-2007
JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY A-32
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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'
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
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PROPOSED 20" ENTERPRISE PIPELINE
INSIDE THE
E CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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DRAWN BY: 7 1G,H SHEET: 1 OF 4
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/ 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
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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
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PIPELINES. UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES (
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N0.I DATE IREV. BY; REVISION
ENTERPRISE REFINED PRODUCTS COMPANY LLC
PLAN
PROPOSED 20" ENTERPRISE PIPELINE
INSIDE THE
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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
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
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PROPOSED 20" ENTERPRISE PIPELINE
INSIDE THE
E CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
3 DRAWN BY: TGH SHEET: 3 OF 4 r
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�' UPDATED $Y: Pf f t,JIP DATE: 09/09/13
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=Morris s P. Hebert, Inc.
SURVEYING•EAWNEERINC-ENVIRONMENTALSERVICES«FIELD SERVICES-CIS DATA BASE: 1151901 JOB NO. 1151901 Eox Zi P'o.54d V 3NNERSA,t CITY$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
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3.0 CATHODIC PROTECTION
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3.1 RECTIFIER IMPRESSED CURRENT
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4.0 CONaTRUCTION METHOD
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4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT AND HDD
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5.0 BORE AND/OR HQD LINE PIPE
n 5.1 OUTSIDE DIAMETER: 20"
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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)
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
E PIPELINE DESIGN DATA
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DRAWN BY: TGH. SHEET: 4 OF 4
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="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
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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
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:2 SW PlIPEUNE
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PROJECT
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LOCATION
PROPOSED ^
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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'
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NO.I DATE IREV, BY: REVISION
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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
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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 `[ $) STATIC SURVEY. OtSTANCES SHOWN HEREIN
(INCLUDING PVC)NOT LOCATED DURING THE COURSE OF THE SURVEY, 0 1000 2000 4000' ARE BASED ON CRIO.
c
N0.I DATE IREV. SY:I REVISION
0
E
ENTERPRISE REFINED PRODUCTS COMPANY LLC
L2 PLAN
PROPOSED 30" ENTERPRISE PIPELINE
~ INSIDE THE
CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
m
DRAWN FY: TGH SHEET: 2 OF 4
CHKD./APPD. BY: MC SCALE: i"=2000
a r s �w�.�a /w►
UPDATED BY: PF/MP DATE: 09/09/13
-Morris P. Hebert, Inc.
SURVEYING•ENGINEERING•ENVIRUXXENTAL SERVICES•FIELD SERVICES•GIs DATA BASE: 1151901 JOB NO. 1151901
P.O.13OX 31D6 283 CORPORATE'� 1540 UNIVERSAL CRY BOULEVARD'I UNIVERSAL�CITY1,TO X 78I68I- (210)366993501 MPH CAD FILE: 11519 CITY OF BEAUMONT INSIDE_30REV1.DWG
JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY A-32
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TYPICAL PLAN AND PROFILE
PROPOSED 30" ENTERPRISE PIPELINE
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CITY LIMITS OF BEAUMONT
w JEFFERSON COUNTY, TEXAS
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P$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
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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
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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
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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)
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NO.I DATE IREft. fy-I REVISM
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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
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1.1 APPLICANT/OWNER: ENTERPRISE REFINED PRODUCTS COMPANY LLC
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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
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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:
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\pipe]ines\\pipelin e—licenseLagree 9 Revised 12-14-2007
JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY A-32
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a ZONE US SURVEY FOOT AS DERIVED FROM A GLOBAL �����— BEAUMONT EAST. TEXAS (30094-A1)
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NEFON AM NO. DATE . BY:1 REVISION
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
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PROPOSED 20" ENTERPRISE PIPELINE
INSIDE THE
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JEFFERSON COUNTY, TEXAS
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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
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NO.I DATE IIRMEV BY-1 REVWN
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
PLAN
PROPOSED 20" ENTERPRISE PIPELINE
INSIDE THE
CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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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
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N0.I DATE W QYJ REVISION
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ENTERPRISE REFINED PRODUCTS COMPANY LLC
TYPICAL PLAN AND PROFILE
PROPOSED 20" ENTERPRISE PIPELINE
" INSIDE THE
CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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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)
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NO.I DATE M BY: REVISION
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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
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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:
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Enterprise Refined Products Company LLC
Remwented by:
Title
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JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY A-32
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NO. DATE BY:I REVISION
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4 ENTERPRISE REFINED PRODUCTS COMPANY LLC
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PROPOSED 30" ENTERPRISE PIPELINE
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CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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_Morris P. Hebert, Inc. "PD'41E0 BY. PF/MP DATE: 09/09/13
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JEFFERSON COUNTY, TEXAS
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NO.I DATE IRW BY-1 REVISION
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a ENTERPRISE REFINED PRODUCTS COMPANY LLC
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PLAN
PROPOSED 30" ENTERPRISE PIPELINE
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Morris P. Hebert, Inc.
SURVEYING•ENCJNBFRlNC•BNYIRONMWAI SERVICES•MID SP.R'MS•WS DATA BASE: 1151901 .JOB NO. 1151901
150
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JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY A--32
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ND. DATE 8Yt REVISION
ENTERPRISE REFINED PRODUCTS COMPANY LLC
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TYPICAL PLAN AND PROFILE
PROPOSED 30" ENTERPRISE PIPELINE
INSIDE THE
CITY LIMITS OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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DRAWN BY: TGH SHEET: 3 OF 4
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CHKD./APPD. BY: MC SCALE: NONE
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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
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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
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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)
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NO.I DATE IWEV 'BY:1 REVIS"-
ENTERPRISE REFINED PRODUCTS COMPANY LLC
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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