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HomeMy WebLinkAboutRES 18-134RESOLUTION NO. 18-134 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant two (2) Pipeline License Agreements to Coastal Caverns, Inc., substantially in the form attached hereto as Exhibits "A" and "B," to install a twelve inch (12") pipeline and a two inch (2") conduit line inside a four inch (4") carbon steel case which will cross City utilities along Highland Avenue for the purpose of transporting ethylene and fiber optics. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. l fr'Vlayor Becky Ames CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone: 32 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 12 -inch ethylene pipeline crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline 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. DescriLtion Len tg h (Linear Feet Highland Avenue, south of ROW, 8 -inch water line (no ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows.- License ollows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within Cityproperty. 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: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when law -My 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 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. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all tunes, 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. o 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 ofthe application process. Approval ofthis license agreement excludes permission to do_ any construction on property which is not owned by •the City of Beaumont. l 3 o 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. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (r=2,000' City of Beaumont map or United States Geological Survey 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. 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 Fiore 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. o 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. o 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. 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 Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 19 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 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 (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o 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 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 WITHINR.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. OX 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. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understgod that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or thirdparty who may be responsible for damages to Licensee's facilities. on 0 '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. - NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 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. 0 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 -ngnablee 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. 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 tennination 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. Maill notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Coastal Caverns, Inc. P.0, Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 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 license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth, IN WITNESS. 'WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 CITY OF BEAUMONT, TEXAS in ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: �S 4 Z -- avid S. Branch, Chief Operating Officer Title ATTEST: By: W ," Secretary H:\Project5\12930 CCI Ethylene South Header System\40DO PERMITS\4001-4100 City permits\DWG\Exxon\12930-4052 HIGHLAND AVEdwg plotted on May 03, 2018 - 4:23pm ACAD ver 20.1s (LMS Tech) z � ��0 0 O � Y 0 v�v� i O a0 00 6 0 R' O W -I PR PE co — Nm naN I I I I r -M 0� 10 C e $ 0 0 0 0 0 0 0 0Z _ �n 10/1 (Z7 O O C 45+00 TOE OF BALLAST m m TOE OF BALLAST- �O+O7v►S C z o - ;13 D Z C t j Z -Di r- OF RAIL RDAD I 0 C L7 i I yOy 0 0 � 0 44+89 CA OF RAIL ROAD O f- 0 i/] �Zm o am _ �0 _ = C� zv 44+76 TOE OF BALLAST m TOE OF BALLAST 2 00 - I v p Z — ''- 44+68 EASEMENT LME � U) EASEMENT LINE o N N C C fn\ m TOP OF DITCH C � s m O '� �e O v�v o-v-rr--�A� / C En Z NO Z -i =I-� Zi p C 1 , rn 44+43 EDGE OF DITCH / G (� Z -I = ITl Z TOE OF DITCH �*1 O m r- 1 RI y O Z • 0 44+36 TOE OF DITCH � -- G 0 a� C c Z 0 .< 44+30 TOE OD DITCH = C Z 1=m0 TOE O - •-Z1 M C -)m C ] N TOE OF DI TCH � � / G Z ;a 2: -�� Z\0 N m m y-1 m $ 44+06 EDGE OF DITCH ; D w Xa Z TOP Z = o O 0 II OF DITCH (7 = EDGE OF HIGHLAND AV 0 FD m O 43+97 EDGE OF HIGHLAND AVE. $ o in D f 2,020 L.F. TO W. POR D m ti I— m' ARTHUR RD. INTERSECTION z o m 00 : 43+84 CA OF HIGHLAND AVE, ¢, OF HIGHLAND AVE. L-- Uk . . EDGE OF HIGHLAND AVE. • 43+71 EDGE OF HIGHLAND AVE. TOP OF DITCH II V o 0 43+54 EDGE OF DITCH TO E 8. 43+64 8' WATER LP E UK 8' COV. EASEMENJ LINE— z 1 , 43+48 EASEMENT LINE TOE OF -DITCH d d P P IIYY 0rn 43+42 POWER LINE POWER UNED1 v �. TOE OF ITC o t�D `1�1jIr .Ln 43+36 FENCE UNE FENCE R �oi Z k, guo oFn nom c co -bd��'r� 43+12 TREE LINE NF rn W 0' m 0 �..•� �j .p V O Ln •:� +p W + m Z N v N N W N i O O Z 0 ....� DD � r * X OZO m Z W w oo r v pG � c� _ W m X IQ ZLwRmflzfll-qmm;I 1:1214 1011 -0 kq 181311111100 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE, BEAUMONT TX, 77705 1.2 PIPELINE NAME CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER 1.3 PRODUCT- ETHYLENE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 — TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELJNE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER 8, AND ASME B31.4—PIPELINE TRANSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE 2220 PSIG (MAXIMUM OPERATING PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE 2775 PSIG (MINIMUM) 2.4 DESIGN FACTOR: 0.72 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 12.750" 3.2 WALL THICKNESS: 0.375" 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 60,000 PSI 3.5 MATERIAL' CARBON STEEL 3.6 PROCESS OF MANUFACTURE: ERW 3.7 EXTERIOR COATING: 14-16 MILS FBE + 22 MILS ARO COATING �11.o7C�T:� 1_• •� 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. COASTAL CAVERNS, INC. PIPELINE DATA SHEET PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT ,JEFFERSON COUNTY, TEXAS . - .I . .. - 0M.1—e— -90UMAFACnX Y- V� -tom s� - W C"q—D iv r -A N r-:� r� W s s / / / t e3�rmo�7oxn flf-MIFAX-985476-9M 9&5409- F. s _ / �" / / / -H0US ONFACHZ Y- 's s s� / Io1Ws"ahwc¢Raw,1'.SW¢670 AI NIbmis.P Hebert, lric, a�az� 7mf curve in' -& engineering_mm 7132194470 FAX: 713-219-Im DRAWN BY: HG SHEET: 3 OF 4 CHECKED BY: SCALE AS INDICATED APPROVED BY. DATE 03/28/18 DRAWING NO.: 12930-4053 CERTIFICATE OF LIABILITY INSU.RANCEDATE(MMrDOnYrY, 41IOn018 3/9/2018 THIS. CERTIFICATE IS ISSUED AS A MATTER. OF INFORMATION ONLY AND:CONFERS NO RIGHTS: UPON THE CERTIFICATE HOLDER. THIS 'POLICIES CERTIFICATE :DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW, THIS CERTIFICATEQ F INS URANCE DOES NOT. CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S_), AUTHORIZED REPRESENTATryE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT . If'the certificate holder is an ADDITIONAL INSURED; the policy(les) must have ADDITIONAL INSURED provisions'or tie endoided. (( SUBROGATION IS WAIVED, subject to the terms and conditions ofthe;policy, certain policies may require an.endorseigent. A statement on thiscertificatedoes not confer rights to. the certfdcate Holder Inlleu of such endoreement(s). PAODU"CER LOCKTON COMPANIES 3657.6RIARPARK DRIVE, SUITE 700 HOUSTI)N'TX77042A�AI 866 260538 TACT E:-. _ o.,Exl , No): D s . INSURERN) AFFORDING -COVERAGE NAI Q X00076770,0 °INSURER A: James River Insurance Company 12203.. . -- 4/1On018 'INSURED .. .. Calioh@ Costal Caverns 1tIC. : - - .. .. - .. iNsuREs s: Endurance Americaa n Insurapce,Com an . 10641 14443519 919'MilaM'Streel,'Suite2,425 Houston TX 77002 INSURER C: GEMLAGGREGATE LIMIT APPLIES PER: 1P0aTHtMcy:J ECTLOC . GENERAL AGGREGATE 5 2600.000 INSURER D: ASURERE: iNSU ER.F •µ ^ 6_E1\19bAn=Q f_FRTIFI2ASF lU1.1I111RFR• 1.59AI'Arl XX'7iXXxx THIS IS TO CERTIFY THAT THE, POLICIES OFINSURANCE LISTED BELOW HAVE BEEN 1SSUED'TO_THE INSURED NAMED ABOVE_' FOR THE POLICY PERIOD' INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF'ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH, THIS CERTIFICATE MAYBE 1SSUED.OR,NWY PERTAIN, THE INSURANCE .AFFORDED.SY THE POLICIES UESCRIBEIJ HEREIN IS SUBJEOT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LWITS SHOWN•MAY HAVE BEEN REDUCED'BY PAID: CLAIMS. '- TYPE -OF INSURANCE SDS - BR POLICY NUMBER _. 9 LICY.EFF tHY.YY PO_�CY.. "' ,vuDtY Ljt,U'fS A X CO MMERCIALGENERALLIABILITY OIAIMS-MADE F71 OCCUR i N X00076770,0 4/10/2017 4/1On018 EACH occuRRPSICE 1000,000 DAMAGSET ELATE " )'.OQ. 000 PF2EMI ES+ Ea neel :S mEDEXP ". we Person)s +Excluded PERSONAL3ADVINJURY -S 1.000 000 GEMLAGGREGATE LIMIT APPLIES PER: 1P0aTHtMcy:J ECTLOC . GENERAL AGGREGATE 5 2600.000 PRODUCTS=COMPIOPAGG S 2.0.00000 'S - AUTOMObice UAeiLrrY AA�NWWYryryAEEUTO �AIlI1TOSONLYHXI�%RULED Ooyy AUTOS ONLYAUTOS ONLY - NOTAPPLICABLE : E.BINEDddt)SINGLE LIMIT S XXXXXXX BODILY INJURY (Perperson) S XXXXXXX BODILYINJURY(Peraceldent S "XXXXXXX PPROP�aI! DAMAGE S 30,MxXX S B X ` , UMBRELLA LIAR EXCESS L1AB X �Icwms_mADE OCCUR Y : I EXC3000030900 .. 4110/2017 .. '.4110/2018 EACH OCCURRENCE S 1,000,000 AGGREGATE)', : 000 0O0 .. _ D . .RFTEIMONS._ FA .� S X7CXXXXX WORKERS COMPENSATION. AND FIAPLOYERS' LIABILITY Y l.N EXCLUDED? ot�we>�IarrinN�rEEcutrvE❑ 0E If yyeeqq eESCOPERATIONS hdovt R1PT�t1OIPTIOe OF 'NOT APPLICABLE R� � STATIJlE . . LFAC" AccloElr S XXXxXiX ' LOISEASE-E EIAPLOYEE XXXXXXX EL DISEASE 'POLICY LaAR sxxxxxxx DESCRIPTION OF OPERATIONS.I LOCAT1ONS1 VEHICLES (ACORD 101,. Additional Remarks schedule, may be altechadlI a14re sp@ca is required) - Allpolicies inclgdea blanket automatic.additional insure&[provision] that confers additional insured status to thecertificate llolder only ifihere is a rtteri contract behyeen the;named,insured and the certificate holder that -requires thenamed insuredtonamethe. certificate bolder as an addlGonal insured. In the absence of such a contractual obligation on the part of the gained. insured,.the certificate holder is not an additional insured under the policy. 15261661 City of.Beaumont PO Box 3827 Beaumont TX 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCQRDANCEWITH THEpOLICY PROVISIONS. The ACORD name and logo are registered. marks of ACORD UUNTINUATION DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLE&fEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS.(Use only of mora space Is required) All policies include a blanket notice of cancellation to certificate holders endorsement, providing for 1.5 days' advance notice if the policy is cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy is.cancelled for:nonpayinent of premium.. Notice-is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does.not provide'for'notice of cancellation if the named insured requests. cancellation. ACORD 25 (2016/03) Certificate Holder ID: 15261661 CITY OF BEAL MONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone: �3? 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 2 -inch conduit with a 4 -inch carbon steel case crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to 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, andbeingmore particularly described inExhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W, Description Len tg�h Linear Feet) Highland Avenue, south of ROW, 8 -inch water line (no ROW) 1 EXHIBIT "B" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee -win be those as lawfitlly 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 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with 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. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o 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. o 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. 0 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. l 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. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. 0 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) 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. 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. o 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. 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 Agreement fee: (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. rd REQUIRED COVERAGE: o 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: $ 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 gond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City . will use its best efforts to notify Licensee of any proposed construction and/or maintenance, 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 lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned, it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 0 0 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, I NOTIKCATIONANSPECTION: Any and all work to be performed on City right-of-way (P—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. e 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 (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: Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 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 wili 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 Dally executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS, WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: _- David S. Branch, Chief Operating Officer Title ATTEST: By: "_- Secretary �� JEFFERSON COUNTY, TEXAS .T -A- VF.ATCH STTRVF.Y A-55 GRAPHIC SCALE (MILES) 1/2 1/4 0 1/2 1 Off 3FAC 0 05/03/18 ISSUED FOR PERMIT ACQUISITION HG s FIOUMAFACMY- r� it ao 753 Capmu 70 r.�sv � ®07o Imo®.t��7mso N0. DATE REVISION BY e v a o 9a54737731 FAX 9318 63gS1 O N 1 I I-AOISITN: FACUI - A O Oh O ! 10101 SoMWm Rce 7274 COASTAL CAVERNS INC. o !Morris P. Hebert, Inc. $��*T�+ 713 -L9 -I=-11' 713-419-]I)1 ' surve in & en ineerin °°w^�� AERIAL ROUTE MAP PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: HG SHEET: 1 OF 4 CHECKED BY: SCALE: AS INDICATED APPROVED BY: DATE: 03/28/18 DRAWING NO.: 12930-4051 H:\Projacb\12930 CCI Ethylene South Header System\4000 PERMITS\4001-4100 City permits\DWG\Exxon\12930-4052 HIGHLAND AVEdwg plotted on May 03, 2018 — 4:23pm ACAD ver 20.1a (LMS Tech) v 0 0 N m 0 N v O;0— mU)0n W N S — CO -_c= 0f7 C Z Z : _ 0n m Z Z r c- im*1 v iP ;U K mi 0• zZ=-5 Rl m 0a z Z-i,,zm r=o -iza� mmc= N 0 m a v m M 0 X a n 11.0 N N C c4 Z v o rn v -V =vr> 0� Z Z\ C) D' 0 = D zG') ;a 0 80 0 :r ,n m �3 D 0 0 0 0 z. D o. W 0 Ot W 0 . — _C-) j O O c3(a' 43+48 EASEMENT LINE TOE OF 6f7CH 43+42 POWER LINE POWER LINE d P P TOE OF PITCH -)—D 43+36 FENCE UNE 43+12 TREE UNE Z-- '.. Li * a TREE m-<� GNF ��,w m co o z O J Of c� D 220 :0 C 0v�m N 0 v z-0 V .D PR P TY LINE- — — — rm z �n 45+00 TOE OF BALLAST TOE OF BALLAST 00 44+89 CSL OF RAIL ROAD Z r OF RAI ROAD 44+76 TOE OF BALLAST m TOE OF BALLAST v 2 44+66 EASEMENT LINE EASEMENT LINE ra o r ? rn a o TOP OF DITCH w v v v - ov o-� r � 44+43 EDGE OF DITCH 44+36 TOE OF DITCH TOE OF DITCH_, _ 44+30 TOE OD DITCH TOE OF DITCH 1 r �� v� 44+06 EDGE OF DITCH D n Z TOP OF DITCH 43+97 EDGE OF HIGHLAND AVE $ EDGE OF HIGHLAND AV o0 t 2,D20 L.F. TO W. PORT ARTHUR RD. INTERSECTION 43+84 CA OF HIGHLAND AVE q CF HIGHLAND AVE.I EDGE OF HIGHLAND AVE. 43+71 EDGE OF HIGHLAND AVE. TOP OF II DITCH A E 8. C N 43+54 EDGE OF DITCH T TO t 43+84 LI 8' WATERNE UNC V COV. EAS.EMENT LINE c3(a' 43+48 EASEMENT LINE TOE OF 6f7CH 43+42 POWER LINE POWER LINE d P P TOE OF PITCH -)—D 43+36 FENCE UNE 43+12 TREE UNE Z-- '.. Li * a TREE 00racL"� to GNF ��,w m co o z O J Of c� D :0 C �T PROPOSED 2—INCH CONDUIT & 4—INCH CASING DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE, BEAUMONT TX, 77705 1.2 PIPELINE NAME 2 -INCH CONDUIT 1.3 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 CONDUIT DESIGN DATA 2.1 NOMINAL SIZE.......................................................................2.380' 2.2 WALL THICKNESS: ................................................................... 0.216- 2.3 SPECIFICATION: ........................................................................ DR11. PE 4710 IPS 2.4 MATERIAL: HDPE 3.0 CASING DESIGN DATA 3.1 NOMINAL PIPE SIZE...............................................................4.500' 3.2 WALL THICKNESS: ................................................................... 0.237- 3.3 PIPE SPECIFICATION: ................................................... . ........ API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 35,000 PSI 3.5 MATERIAL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE ERW 3.7 EXTERIOR COATING: 14-16 MILS FUSION BOND EPDXY (FBE) 4.0 CATHODIC PROTECTION 4.1 N/A 5.0 CONSTRUCTION METHOD 5.1 UTILITY CONDUIT & CASING WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. 0 105/03/18 ISSUED FOR PERMIT ACQUISMON I HG N0. I DATE REVISION I BY COASTAL, CAVERNS, INC. PIPELINE DATA SHEET PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: aiOUMAPACMIlY- "VO /a .1dft rsJW' s. -mm Aff 1- AV / I t 283Ompom DAft lf-UW 70360 995-M2731 FAX 9859769(6] % -HOUSMXFAC I - APPROVED BY: 10101 SaAL W=F-).Shc i+0 i Morris P, Hetieri, /nc. urve in ' & eri 713-26�1MFAX 713-219-1nl ineefin DRAWN BY: HG SHEET. 4 OF 4 CHECKED BY: SCALE AS INDICATED APPROVED BY: DATE 03/28/18 DRAWING NO.: 12930-4054 CERTIFICATE OF LIABMTY INSURANCE 4/10/2018 DATE(MM/DDZYYYY) 3/9/2018 - THIS CERTIFICATE IS ISSUED AS A INATTER. OF INFORINATION ONLY AND:OONFERS NO RIGHT$`.UP,ON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND' OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .BELOW, THIS CERTIFICATE OFINSURANCE DOES NOT ,CONSTITUTE -A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED .REPRESENTATIVE OR PRODUCER, THE CERTIFICATE HOLDER.: INSURED, the policy(fes) must have ADDITIONAL INSURED vlslons or be endorsed. IMPORTANT ICthe certificate 11 holder is an ADDITIONAL pro If. SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does pot confer rights to the certificate holder In lieu of such endorsement(s).. PRODUCER LOCK -TON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-35-38 _ No , S ONES INSURE AFFORDING DING CO ERAGE NAIC ff ''N INSURER A: James RiVCL Insurance Company. '. - .12203. . . - ;INSURED C21iche COSlal Cavems Inc. JNSURER B:. Endurance American lnsa"ce Company. 10641 1414351'9 9190am Slreet,'Suite.2425 Houston TX 77002 �INSWREWC:: INSURER.D: GEN'LAGGREGATE LIMfrAPPLIES PER, 'POUCYQJPE"0T LOC OTHE .. INSURER E• - PRODUCTS-:COMP/OPAGG'S'2�000,0.00 INSURER,F, ... .. .. r`AVFRanFC rr-RTIFIrATF.NI-IMRFR- Pi?61661 REVISION NUMBER- _XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE'FOR THE POLICY -PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY. CONTRACT OR OTHER DOCUMENT WITH: RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED:OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED' HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS:AND .CONDITIONS OF 960H POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE D'BY PAID:.CLAIIv4S. �?TR TYPE OF INSURANCE UDS L . UBR POLICY NUMBER M LICp/Yy Y I .:Y. 114090% LIMITS A X !COMMERCIALGENERALLIABILRY 'CLgIMS•MADEM OCCUR • Y ''N .00076770;0 `x(/10/2017 4/10/31718 EACH -OCCURRENCE S 1,000,000 D GE O ELATED - P ,SES: Ea.ocalrrence 100.000 MED EXP (Anyone rsori . ExCluded PERSONALAADV .INJURY -:S 1.000000 GEN'LAGGREGATE LIMfrAPPLIES PER, 'POUCYQJPE"0T LOC OTHE .. GENERALAGGhEGATE 5.1,000000 PRODUCTS-:COMP/OPAGG'S'2�000,0.00 S AUTOMOBILELIABILRY ApNyyYryAEU�TO MRONLY 21;��.DSULED : AUTOS ONLY :AUTOS'ONLY NOT APPLICABLE COMBINED SINGLE LIMIT Ea enl xxX �+ BOOILYINJLN2Y(Perparson) ;$ XxxxxXx BODILY INJURY Oeraccident S XxxxxXX P a er deZr1 AGE S'xwxxx B }(: WeRELLAUAB E)(CESSL1AB 'X.000UR CLAIMS-MADEAGGREGATE­ - Y 'N 'likdOOQ030 60 ....- 4/10/2017 _ '4110/2018 '. EACWOCCURRENCE $.1,000;000. s 1'000 000 . < DED ._ RETENTION $ S v x xxX AW ERPLOYERS`LIABIUTNi' /WYPROPRIETOR/AARTNER/EkCLMVE YIN OFFICEF/61E1HBER£XCWOE07 (Mandelmy In EOOOTN.OPERATIONS blot N/A NOT APPLICABLE TUTE' � srn ER E.L t:ncti AMIDENr... S xxxx,{xx EL DISEASE -EA EMPLOYEE Mv� xxv XX - E:L DISEASE -POLICY LIdR XXXXXXX DESCRIPTION OF'OPERATtONS i LOCATION§ /VEHICLES (ACORD tai, Additional Remarks Schedule, may he Attached If more space Is rgqulted) AIL policies incI de a bini eW a.tomaticaddiiional' insured [provision], that confers additional insured status to the certificate holder only if there is a on bettyeen the;named'ihsured and the cyrtificate holder that requires the'Ramed insured to name the,certificate'holder as'an additiolial insured. L' do the absence of such a contractual obligation on the pan of the named insured, the certificate Bolder is not au additional insured under the policy.ji 15261661 City of Beaumont PO Box 3827 Beaumont TX 17704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELiII nm IN ACCORDANCE -.WITH THE POLICY PROVISIONS. The ACORD name and logo are registered marks of ACORD CONTINUATION DESCFNMON OF OPERATIONSILOCATIONSIVENICLEEIEIICLUSIUNS nvutu UT Wu' quo •• •••�•� �r�•^• •' •"�"-••-�• All policies include a .blanket notice of cancellation to certificate Holders endorsement, providing for 15 days' advance notice if the policy is cancelled by the company other than for nonpayment of premium, 10 days' notice if the policy is:.cancelled for.nonpayment of premium. Notice is sent to certificate holders ivith mailing addresses on file with the agent or the company. The ehdorsernerit does not provide fdr Aotice of cancellation if the named insured requests cancellation. ACORD 26 (2016103) Job No. 12930-00 283 Corporate Drive P.O. Box 3106 �W A �W Houma, LA 70361-3106 Zr ® ® mu Au Au Aff M AV ® RK AW® AU AW ® ® Ifs W AW (985) 879-2731 VOICE AV (985) 876-9052 FAX ®M®nfe Hebert Inc. client focused solutions May 9, 2018 City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 RE: Coastal Caverns, Inc. Proposed 12-Inch Ethylene Pipeline and 2-Inch Conduit Application for Utility Crossing Agreement Dear Ms. Hardy: One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 (713) 219-1470 VOICE (713) 219-1471 FAX Coastal Caverns, Inc. is respectfully requesting authorization to install a 12-inch pipeline and a 2- inch conduit line (installed inside a 4-inch carbon steel case) buried within the Extra -Territorial Jurisdiction of Beaumont, Texas as more fully shown on the enclosed drawings. The proposed pipeline and conduit will be bundled and installed together via horizontal directional drill and conventional bore methods intended to transport ethylene and fiber optics, respectively. The 12-inch pipeline and conduit will cross city utilities located along Highland Avenue. A minimum clearance of 5 feet will be maintained between the existing utilities and the proposed pipeline. Enclosed for your review are two Utility Crossing Agreement application packages, one for each proposed line. Associated permit drawings and the required Certificate of Insurance are included with each application package. Two checks made payable to the City of Beaumont, in the amount of $500.00 each, for the required license agreement fees are also attached. The required bond will be mailed to you in the near future. If any additional information is required, please do not hesitate to contact me at (7.13) 219-4406 or at mtaylor@mphinc.com. Please send any correspondence to me at the Houston, Texas address above. Sin erely, OJAJ) Marie Taylor Environmental & Regulatory Services Enclosures: Application Package #1 (12-Inch Ethylene Pipeline) Application Package #2 (2-Inch Conduit with 4-Inch Case) Surveying • Engineering • Environmental Services • Geographic Information Systems (GIS) http.-IAvww.mphinc.com CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone: 632 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 12-inch ethylene pipeline crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline 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 Len tg_h (Linear Feet) Highland Avenue, south of ROW, 8-inch water line (no ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within Cityproperty. 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 complywith the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with 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. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 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 wail 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. o 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 ofthe application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. l 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. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawf4l use of any private property. 0 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) 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. 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. Leaps 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. 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 Agreement fee. (See Cost of License) a 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: a 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 aperiod of one (1) 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 indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONA AT STMANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by .the City and within the R O. W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate -the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or thirdparty who may be responsible for damages to Licensee's facilities. 2 0 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. I NOTIFICATION/1NSPECTION: 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 (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. Maii notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 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 3'V^4. , A.D. 20—m. CITY OF BEAUMONT, TEXAS t By: L . Kyle Hayes, City Manager EST: WMI ^ n jM k �A U OA City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: Lid S. Branch, Chief Operating Officer Title ATTEST: By: sl�� W , , . Secretary H:\Prolecta\12930 CC] Ethylene South Header Syetem\4000 PERMIIS\4001-4100 City permfte\DWG\Exxon\1293D-4052 HIGHLAND AVEdwg plotted on May 03, 2018 - &23pm ACAD ver 20.1e (LMS Tech) 'O O 0 R. Enm 0 t1 v o;0- V)00 � m(A= CO CHIN n C Z q z Immo� rrl z Z z rrI 0>Iz c m Z rrI z =Z -iZn-�1 r^ r^ N = Z Vl 0 m a v m n 0 N N c C4 z v o rn v-0 v z Z\ 0 a� v z0 go W� �Ir O F 0 o11'r $$rrl w 01 O 0 c w .0 -m1�0 coo v N O v Z a "O PR PE 7 LINE — — — r� 2E 41 En 45+00 TOE OF BALLAST m rri TOE OF BALLAST o0 44+89 C/L OF RAIL ROAD OF RAIL ROAD Z 44+76 TOE OF BALLAST TOE OF BALLAST 0- Z 2 44+58 EASEMENT LINE r U) _ _ _ _ EASEMENT LINE o ra r ? a m m TOP OF DITCH o v vv v v v—c 44+43 EDGE OF DITCH 44+36 TOE OF DITCH TOE OF DITCH—,p_ o 44+30 TOE OD DITCH o 0 OE OF DITCH�:< 44+06 EDGE OF DITCH tiz TOP OF DITCH 43+97 EDGE OF HIGHLAND AVE. $ EDGE OF HIGHLAND AV o0 t 2,020 L.F. TO W. PORT ARTHUR RD. INTERSECTION 43+84 CA OF HIGHLAND AVE q OF HIGHLAND AVE.I EDGE OF HIGHLAND AVE. 43+71 EDGE OF HIGHLAND AVE. TOP OF' DITCH II 6' ATM U E 6: 43+54 EDGE OF DITCH TO 9c 43+54 B' WATER LINE = 6' COV. EASEME�!j �JE �---- I -kA I -0 I Y -- �52 J N N c z v Fnzm v -U =c\ . v�r z z\ z ch D�e5� 0 = a Ocn Za zo; 43+48 EASEMENT LINE TOE OF 151TC 43+42 POWER LINE POWER LINE I d P P TOE OF PITCHY- 43+36 FENCE LINE C7 In?; m ch .0 0�1�` 43+12 TREE LINE 'D.`til. O I W N I' 0 O O CA Z 0 O x g U> o �Hq' AZo m q9+ n O X kkW A O a STz"N"w> p W 0 W r*1 �ff4WfCs to O f0 P wwwm •••ttt O V O )( j;p Oa Z O T e C) D r c pT 0 m r PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE, BEAUMONT TX, 77705 1.2 PIPELINE NAME CCI 12-INCH ETHYLENE PIPELINE NORTH HEADER 1.3 PRODUCT: ETHYLENE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 - TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER 8, AND ASME B31.4-PIPELINE TRANSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE 2220 PSIG (MAXIMUM OPERATING PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 2775 PSIG (MINIMUM) 2.4 DESIGN FACTOR: 0.72 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 12.750" 3.2 WALL THICKNESS: 0.375" 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 60,D00 PSI 3.5 MATERIAL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE: ERW 3.7 EXTERIOR COATING: 14-16 MILS FBE + 22 MILS ARO COATING 5.0 CONSTRUCTION METHOD .5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. 0 05 03 18 1 ISSUED FOR PERMIT ACQUISITION I HG NO. DATE REVISION BY COASTAL CAVERNS, INC. PIPELINE DATA SHEET PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS Y� 283 CaF®^Aiw / / 985479,- 3i FAX 9&SS7690n Amw 1 �� -AOISM??FACUM- 101O15—bW-R—.y,Sdm6W iiworrrs P. Hebert, mc. —7�.— curve in & engineering 713.219-1I FAKM'219-Wl DRAWN BY: HG SHEET: 3 OF 4 CHECKED BY: SCALE AS INDICATED APPROVED BY. DATE 03/28/18 DRAWING NO.: 12930-4053 ct... ' CERTIFICATE E OF 6��l�Slll�.��� Q INSURANCEDA3/912 DD/Y. d[lorzols 319120fi8 THIS CERTIFICATE 1$ ISSUED AS A MATTER OF.INFORMATION ONLY AND -CONFERS NO RIGHT$:UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE,D,.OES NOT A- RMAlrivky OR. NEGATIVELY AMEND, EMEND' OR ALTER THE COVE_ RAGE AF60RDED'BY THE POLICIES BELOW. THIS CERTIFICATE OP -INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2ED _REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.. IMPORTANT If the ceniilcate holder is an ADDITIONAL INSURED, the p6llcy(les) must Have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, suliJeat to the terms and conditions of the policy, Certain policies may require arr.endorsetnenL .A statement on thiek certificate does not confer rigMs4o thecerijf Icate holder In lieu of such endorsement(s).. � PRODUCER LOCKTON COMPANIES - 3657 866 2B60R.I3A5R3P8AR<DRIV, SUITE 700 H00.870RTX77042 E• ,; e Ezr: N o: eAI INS : F . D NG, ERA N A.., INSURER A: James River.Insurance Company.. .. 12203..... . ;INSURED CaJIChe t:OSiaJ C2Veff1,S ](1(i. 14435,1'9 919MIIamSlfeef,Sutte2425 Hou§ton TX 77002 .._- .. ;MSURER n::._ Endotaace American InsUrancp'Company 10641 tNSURERC: - - JNSU e INSURER'.Er .. 71777777 INSURER F &Avg:Ra(;FS ftFRTIFIP_ATF INMINIRFR'r 15761'66.1 HFNIStbN'-NItMRER! xxxxx7CX THIS IS TO CERTIFY THAT THE'POLICIES OF'INSURANCE'L-ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED'ABOVE FOR THE POLICY PERIOD' INDICATED NOTwrrH$TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT -WITH RESPECT TO'WHICHIS CERTIFICATE MAY,B,E ISSUED_OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED 'TH REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTTIONS.OF SUCM'POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUOEDBY PAID. CLAIMS. 18 TYPE INSURANCE ' ADDG- UB - POLICY NUMBER - � Lt pY EF Y f:PO SICINSD - ` - - LIMITS A `''COMMERCIALGENERALCIABILfTY ){ CLAIMS-MACE.I� OCCUR y N - - 00076770-.0 _. _,_„"'._ 4/10/2017 __ :. 4/16618 EACH OCCURRENCE s 1,0.00 000 DAMAGET RENTED. PREMISES EaoZ •nee J 00.;000 MED EX0P - :one e.. • ` EXcIdded PERSONAL&ADVJNJURY S 1'00.0'000 - .GEN'LAGGREGATE -UMIT APPLIES PER: POt.ICYF jE a . LOC OTHER: GENERALAGGREGATE , -... 'S .1,000,060 PRODUCTS'= COMP/OP AGG 5 2,000 O00 �AUTOMOBILE'kIABILfTY ANYAUTO pWyyryry� SS��ryry���� AUTOSONLY-'AU�DSuD :j fit NON• pp• AUTOS ONLY AlrfOY - 'NOTAPPLICABLE �BOOILYINJPkY (E MD,I�NED!, NGLELIMIT S XXXXXXX 6ODILYINJURY(Perperson) S, X7{}(j(�{XJ{ 1 .. Per-dd-f S �{?C{�C3CXX PROPctl erlt- .:._ GE S 7fXXXX�<X .. .. _ ... . 5 XT ` .. t1MBnELLALiA6 ' EXCESSUAB� :... X OCCUR CLAIM..... .AGGREGATE IJ J ExC3QOt 3osoo 1110/2017 4l1012018 FJICHOCCURRENCE S I,OO.O.000 DED ,.RETENTION-$ XXXXXXx WORKERS COMPENSATION" AND EMPLOYERe'UABILti9 YlN ANY PR0PRIETORMARTh0VEkECUTrvE OFFfC9NME1dBER£XCLUDED? (M-datorytnN,Fq- 1f daser®e wider YYam�,, ! eESCR�TIONOFOPERATON9 hNove ' NIA MTAPPLICABLE - 'P.ER TTtt�� STATUTE `E EACH ACCIDENT - S xXXXy-x (► ELDISFASE-EA EMPLOYEE XXXX7{XX L.DISEASE:-POLICY LIMIT xxxxxx ,C i 'DESCRIPTION OF OPERATIONS/ LOCATIONS! -VEHICLES (ACORD 101,. Additional Remerks-schedule, may be attached It more sp@ca is required) All policies includea'blanketautomatie additional•insured [provision] that confers additional insured status to the certificate holder only if there is a Written contract bbtlyeen the :named.insured',and the certificate holder that requiresthe named insured4o namethe certificate holder aF'un additional insured. 1. the absence of such a contractual obligation on the part ofthe named insured, the certificate hoideris not an additional insured under the policy. 15261661 City of Beaumont, PO Box 3827 Beaumont TX 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION;DATE,THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWtTH TINE POLICY Phovis16N§. The ACORD name and logo are registered. marks of-ACORD CONTINUATION DESCRIPTION OF OPERATIONSILOCAT(ONSNEHICLESMXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS.(Use only it more space Is requited) All policies include a blanket notice of cancellation to Certificate holders endorsement, providing for 15 days' advance notice if the policy is cancelled by —the company other than for nonpayment of premium, l0 days' notice if the policy is;cancelled for.nonpayirient of premium..Notice.is sent to Certificate holders with mailing addresses on file with the. agent.or the company. The endorsement does not provide'for: otice of cancellation 'if the tamed insured requests -cancellation. AUUtit)."L5 (GUT U/U3) Certificate Holder ID: 1526166 PERFORMANCE BOND Amount: $1,000,000.00 Know All Men By These Presents, That we, Coastal Caverns, Inc. 6045 Highland Ave Beaumont, TX 77705 (hereinafter called the Principal), as Principal, and RLI Insurance Company 2925 Richmond Ave., Suite 1600 Houston, Texas 77098 Bond No. R000001281 a corporation duly organized under the laws of the State of Illinois (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Beaumont PO Box 9827 Beaumont, Texas 77704 (hereinafter called the Obligee), in the maximum penal sum of One Million and No/100 Dollars ($1,000,000.00) (hereinafter called the Maximum Penal Sum), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 17th day of May , 2018. WHEREAS, the Principal has entered into that certain Utility Crossing Agreement covering construction of Principal's 12-inch ethylene pipeline with the Obligee crossing city utilities at Highland Avenue, dated contemporaneously herewith, wherein Principal has promised to i) reclaim Obligee's property and ii) abandon any of its pipelines and associated facilities that are in the public right-of-way upon Obligee's written notice (hereinafter called the Performance Obligations), which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Agreement set forth and specified to be by said Principal kept, done and performed as to the Performance Obligations as defined herein, at the times and in the manner in said Agreement specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: 1) This bond may be cancelled by the Surety by giving fifteen (15) days notice in writing to the Obligee, and the Surety shall be relieved of any further liability under this bond fifteen (15) days after receipt of said notice by the Obligee. Any claim must be presented in writing during the term of this bond to RLI Insurance Company to the attention of Greg E. Chilson, 2925 Richmond Avenue, Suite 1600, Houston, Texas 77098. 2) In no event shall the liability of the Surety exceed the Maximum Penal Sum to the Obligee, regardless of the number of years this bond is extended or renewed. 3) Surety shall have no obligation to the Principal, the Obligee or any other person or entity for any loss suffered by the Principal, the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance. Surety shall not be liable for any provisions of the Agreement or specifications respecting the procurement of or coverages provided by any insurance, nor shall Surety be liable under any hold harmless and/or indemnification agreements entered into by the Principal in relation to personal injury or property damage or any other loss sustained by third parties in any way connected to or arising out of the work and/or operations of any party prosecuting the work to be performed under the Agreement. 4) The Surety's obligation under this bond shall arise after the Obligee, having performed Obligee's obligations under the Agreement, has notified the Principal of its failure to abide by the terms and conditions of the Agreement as they pertain to the Performance Obligations. Upon notice of the Principal's failure to perform the Performance Obligations, the Surety may take one of the following actions: a) Arrange for the Principal's performance under the Agreement or, b) Waive its right to perform under the Agreement, and after investigation, determine the amount for which it may be liable to the Obligee and as soon as practicable after the amount is determined, tender payment therefore to the Obligee. Notwithstanding anything contained in the Agreement to the contrary, the liability of the principal and surety under this bond is limited to the term beginning the 17th day of May , 2018, and ending the 17th day of May , 2019, and any extensions or renewals of the referenced Agreement shall be covered under this bond only when consented to in writing by the surety. It is further agreed that surety's cancellation of this bond or refusal by the surety to extend the term of this bond shall not constitute a default by the principal, and shall not give rise to a claim or demand against the surety under this bond. In the event the surety elects not to renew this bond, the surety shall provide the obligee with at least fifteen (15) days written notice prior to any annual renewal of the surety's intent to terminate this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein, or their heirs, executors, administrators or successors of the Obligee. Coastal Caverns, Inc. By: c� j� ✓� 1� , �peaaeeeneeaaeyaa _ b� r •• ° e • ee � ��°A �• ���P0R9rF m RLI INSURA E COMPANY ° SEAL -'cmm By. M chelle Mad Attorney-i -Fact °s°°OO yL L I N OAS ,'00 0 °oa._ _ o0 POWER OF ATTORNEY RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: Bond No. ROG0001281 That the RLI Insurance Company a corporation organized and existing under the laws of the State of Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Michelle Madl in the City of Peoria , State of Illinois as it's true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed One Million and 00/100 Dollars $ 1,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: COASTAL CAVERNS, INC Obligee: City of Beaumont Bond Amount: S1,000,000 00 Effective Date: May 17, 2018 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 17th day of May 2018 " ° oOPP 0 RAT, ° '0 a •SUP CE CO, ' m J e ®®® e Z ?•OORPORATF Cr SEAL.-` SEAL° • �em4 = SEAL State of Illinois °°° °•°° : SSpoO���oo � �L ° 1n �°\cn o0��°0 ,���/*L...O`5,`�; County of Peoria ®� se®eL®nnia 1B91aOO L pun��� On this 17th day of May )OI B before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Gretchen L. Johnigk Notary Public STATE OF - My Commission Expires .:7NOTARY May 26. 2020 4 RLI Insurance Company -. By: _ Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comnanv this 171h day of RLI Insurance Company By: _(1U4L Jean M. S enson U Corporate Secretary AOOAS817 SUBS RLI ® RLI Insurance Company P.O. Box 3967 Peoria IL, 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 STATE OF Illinois ss. COUNTY OF Peoria JJ Acknowledgment of Surety On this 17th day of May 2018 , before me, a Notary Public in and for said County, personally appeared Michelle Madl personally known to me, who being by me duly sworn did say that he/she is the aforesaid Attorney In Fact of the RLI Insurance Company of Peoria Illinois , a corporation duly organized and existing under the laws of the State of _ Illinois that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last above written. My Commission Expires: KATHRINE M SWEARIh1GIAN "PMIC "OFFICIALSEAL" SrMTEOu MYCommisslon Expires laquary 7, 2020 A0007204 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Coastal Caverns, Inc. Business Phone: �32 500-7590 Business Address: 6045 Highland Avenue, Beaumont, Texas 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for one 2-inch conduit with a 4-inch carbon steel case crossing city utilities at Highland Avenue Coastal Caverns, Inc. hereby grants to 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 gLinear Feetl Highland Avenue, south of ROW, 8-inch water line (no ROW) l COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights -of way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of 'Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 c The pipeline shall be installed a mir,i-mum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with 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 sliall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o 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 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. o 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 streef 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 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 ofthis license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. l 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. o Licensee shall provide copies of all necessary agreements to be obtained from other 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. (1 "=2,000' City of Beaumont map or United States Geological Survey 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. 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 'Worws 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. o 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. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: c Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional ,Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident e 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. e 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 (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o 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: W1 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 CON,STRUCTION/MATNTENANCE 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.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 lines. ,Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. o . City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned, it being understgod that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or thirdparty who may be responsible for damages to Licensee's facilities. M. 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; I NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 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. p 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 able This license is personal to the Licensee, It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City, if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name.of Licensee: Coastal Caverns, Inc. P.O, Box 3827 Beaumont, Texas 77704 Address of Licensee: 6045 Highland Avenue, ATTN: David S. Branch Attn: City Manager City and State of Licensee: Beaumont, Texas 77705 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 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 ijCity Manager and the seal of the City to be herewith affixed by the City Clerk, this Zo -day of , A.D. 20-",. CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by:�� f David S. Branch, Chief Operating Officer Title ATTEST: By: LL-, v . Secretary JEFFERSON COUNTY, TEXAS T A VP.ATC TT CTTRVF.V A_55 GRAPHIC SCALE (MILES) 1/2 1/4 0 1/2 1 0 05 03 18 1 ISSUED FOR PERMIT ACQUISITION HG NO. DATE I REVISION BY AERIAL ROUTE MAP PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: HG SHEET. 1 OF 4 CHECKED BY. SCALE: AS INDICATED APPROVED BY: DATE 03/28/18 DRAWING NO.: 12930-4051 .:. .. .• 4WUMAPAm - �� 7sec�D&. r.. 9BSSAR731 FAX 98A87694T1 ' - L -So,.hW AF--3.T.1 101W Sash NenFaeuay, Sulu mO COASTAL CAVERNS, INC. IN1orPis P_ Hebert; lnc, �oog7�T�+ 713319IJDFAX 713]191�71 surve in' & en ineetin H:\Projects\12830 CCI Ethylene South Header System\4000 PERMITS\4001-4100 CHy permits\DWG\B=n\12930-4052 HIGHLAND AVEdwg plotted on May 03. 2018 - 4:23pm ACAD ver 20.1e (LMS Tech) 'O X O 0 0 -t rn -G0 N 0 off= m � n n D E x CO-C_-IN p n C z -Z 0-0 0 Om Z `m ao v -n rn ;a x rrrI oz=�� Z-Ix-p m oa z z ;Zm so C v :v X m N = N 0 m n v m v 0 0 z � z � g C �y ; 0 0 cb :0, . 0 cD D `. (� m v� y{C>�y zFT 5 g R. A aN C z� v o 5 ,1 O oc> v� OZ Z� cn �v x D pp �o Z I'►1 990 ;,$M �0j�_ 0 0 0 0 0 CA 1' 45+00 TOE OF BALLAST z . ' 44+89 CA OF RAIL ROAD o 44+76 TOE OF BALLAST 44+68 EASEMENT LINE -< 0 -mt fl�N N m 00 Z S:R 13 PR P TY ON — — — r� oZ nrri TOE OF BALLAST 0 F q OF RAIL ROAD am r-m -- -- TOE OF BALLAST 0 _ Z N EASEMENT LINE Fa r v TOP OF DITCH 0 qj 'tea, rn 44+43 EDGE OF DITCH TOE OF DITCH 44+35 TOE OF DITCH .0 • o 44+30 TOE OD DITCH TOEOF DITCH o 44+06 EDGE OF DITCH QZ TOP OF DITCH 43+97 EDGE OF HIGHLAND AVE. $ EDGE OF HIGHLAND AV ct t 2,020 LF. TO W. PORT ARTHUR RD. INTERSECTIOt j 43+B4 CA OF HIGHLAND AVE. t OF HIGHLAND AVEI EDGE OF HIGHLAND A�v 43+71 EDGE OF HIGHLAND AVE. TOP OF DITCH 11 ° w W. fr - — - — — — 43+54 EDGE OF DITCH TO *04 8' WATER LINE IIK 8' C011. EASE�I ENT L[U5- 43+48 EASEMENT LINE TOE OF -MCH LINE 43+42 POWER LINE POWER LJNE d TOE OF DITCH - --4 43+35 FENCE LINE FENCE N 0 43+12 TREE LINE y� r x x m 0 Z N C)N > Szz A c)z r - �oo 'G v- c� mC c� z o m v> c r" -i z z� z y > cn �zv za �a LA I PROPOSED 2—INCH CONDUIT & 4—INCH CASING DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. 6045 HIGHLAND AVE. BEAUMONT TX, 77705 1.2 PIPELINE NAME 2—INCH CONDUIT 1.3 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED APRIL 2018. 2.0 CONDUIT DESIGN DATA 2.1 NOMINAL SIZE .................................. .1380' 2.2 WALL THICKNESS: ................................................................... 0.216" 2.3 SPECIFICATION: ........................................................................ DR11, PE 4710 IPS 2.4 MATERIAL: HDPE 3.0 CASING DESIGN DATA 3.1 NOMINAL PIPE SIZE..............................................................4.500" 3.2 WALL THICKNESS...................................................................0.237' 3.3 PIPE SPECIFICATION: ........ . ................................................... API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 35,OGO PSI 3.5 MATERIAL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE- ERW 3.7 EXTERIOR COATING 14-16 MILS FUSION BOND EPDXY (FBE) 4.0 CATHODIC PROTECTION 4.1 N/A 5.0 CONSTRUCTION METHOD 5.1 UTILITY CONDUIT & CASING WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD & BORE INSTALLATION METHODS. 0 05 03 1 B 1 ISSUED FOR PERMIT ACQUISITION HG NO. I DATE I REVISION BY COASTAL CAVERNS, INC. PIPELINE DATA SHEET PROPOSED CCI 12—INCH ETHYLENE PIPELINE NORTH HEADER & 2—INCH UTILITY CONDUIT WITH 4—INCH CASING CROSSING CITY OF BEAUMONT WATER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS , .. -ROUMAFACUM- ' mcmix—Driv. 9854A2nl FAX 985 6-M51 1 / /.t'11 1 -H0DSIDNFACII]7'Y- Jolols Hoeg MTam, 77V}I �,/NItlJC%Sf? Netiert, /l7C. 713 94470FAX713L9-„ sdrveSliri-0 & engineering^� DRAWN BY: HG SHEET: 4 OF 4 CHECKED BY: SCALE AS INDICATED APPROVED BY- DATE 03/28/18 DRAWING NO.: 12930-4054 , cEaRID' CERTIFICATE OF LIABILITY INSURANCE DATE;(MMlDD/.YYYY) anrtn�tR 3/0/201,8 TWLS CERTIFICATE IS ISSUED AS,A MATTER, OF INFORMATION ONLY AND CONFERS NO RIGHTS` UPON. THE CERTIFICATE HOLDER-. THJS CERTIFICATED 'ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED JBY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES, NOT CONSTITUTE A CONTRACT BETWEEN THE' ISSUINO`INSURER(S), AUTHORIZED :REP,RESEMOV,•E OR PRODUCER, AND THE CERTIFICATE1HOLDER: IMPORTANT If the certificate holder Is on AgDITIONAL INSURED, the policy(les), must Have ADDITIONAL INSURED provtslons o'r be endorsed. II SUBROGATION IS WANED, sublect to the terms and conditions of the policy, certain policies may require an.endorsentent. A statement on this Certillcate'dpes not confer rights 3o'the certificate holder Ip lieu of such endor4ement(aj.. `A PROIiucER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866 266-308 : E o,.EXt : No : Ep1AIL' -INSURIERM AFFORDING V R 'G NAf -- INSURER A: James River Insurance Company. - 12203.... . INSURED CaIICheCostal CBVbrns INC. ;INSURER.6: Endurance American ID'suranccEptn an .. 10641 I�k1351`9 919.M1am Street; suite.2425 Houston TX 71002 INSURER.C: INSURERD I ... ER _ ' INSURER F•. LYIVCCAf_CeJ !`CDTICIPATC Ell rflfiD=S. -XXX•X,XX.)( THIS'IS TO CERTIFY THAT THE POLICIES OF INSURANCE'LISTED BELOW HAVE BEEN` -ISSUED TO'THE INSURED NAMED'ABOVE- Rr THE 'P,OLICYPERIOD' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH PHIS CERTIFICATE MAYBE ISSUED,OR MAY PERTAIN THE INSURANCE :AFFORDEQ:BY THE POLICIES DESCRIBED` HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND, CONDITIONS'OF' kH.06LIGIES. LIMITS SHOWN MAY HAVE BEEN REDUCED _BY PAID. GLAIMS. IN R L�R-. '" TYPE .OF INSURANCEIN50' ADDL aR' POLICY NUMBER LILY EF : !-PO 'IC I UMITs A ` -'GEN'LAGGREOATELIMITAPP ' "X _ -OOMMERCIAiL OENERALtiA81LITY CLAIMS-MADE[K] OCCUR Y - IN i I - - - - - 00076770-Q - �II10/2017 ' ' f4/1.Oi�U B EACH:OGCURRENGE . I D.UO.000 DAMAGE :. •RENTED" PREMISE Eaeccti eats 1.00,000 MED.EXP: An .one Person) %EXcluded PERSONAL 3 ADV;INJURY S 1000 000 Ts PER; ppRR POLI.CYE] %. '❑ Lod , " •OTHER .. ... .. - GENERAL AGGREGATE - - S 2;000 000 PRODUCTS--COMPLOPAGG s '2 000'006 5 AUTOMOBILE LIABILITY ANYAUTO pWry�pONLY HEDULED . AU��TOS � � '�UTOS: ��pp "AUTO�S.ONLY ,AUTOLY NOTAPPLICABI.E . CE MBINED. 1 GLE'LIMIT K Ne s XxxXxxX BODILY,INJURY rson)` I� pe .- 5 XXXXXX7 EODILY INJ.UE Y (Peraedd S XXXXXXX 7y PeOraedRd "r;AMAGE" $ XXXXXXX B X' UMBRELLAUAB '.A EXCESSIJAB .... OCCUR CLAIMS -MADE Y -N EXG300Q03090Q 4/10/3017 :41101 018 EACH"OCCURRFs10E is 1,0_b0 000 AQGREGATE S 1-0,00'000 _ ::DED ..:RETENTION'S.X-�CXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YlN' ANY PROP RI ETORIPARTNER/EXEGDTIYE OFFICERMEMMER EXCWDED? El rtMyna�Catory MNH) _ DESCRIPTIONeAFOPERATION96elrnr NIA ' ;. •NOT APPLICABLE - -, RTK BTATUiE ..r�p.�syv EL EACH ACCI NT $ XXXXXXX . ELIXSEASE.EA.WP.LOYEE trxr XXXXXXX . EL DISEASE -POLICY IJMR IS XxX•XXXX DESCRIPTION OF OPERATIONS / LOCATIONS] VEHICLES (ACORD-101, Addlllonal Remarks Schedule, maybe altached4 more space it railuite'd) All policies include n blanket`automaiic additional, insured (provision f that confers addluonalinsured status. to the certificate holder only Kthere is.a written contract bthyeen the named insured and the certificate hold that requires the named'insured' Eo.name thecertificate:hoWr as'an edditional insured. An the absence of such a contractual obligation on the pan ofthe Ratned insured; the certificate h9lderi"s not en gdditional insured,under the policy. CEHTWK;AI-t HVL17tH tiF. NUt:LLAlLlUN SHOULD ANY OF THEABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE .IRATIONDATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE -.WITH THE'ROLICY PROVISIONS. 15261661 AUTHORIZED REPRESENTATIVE City, of'Beaumont PO Box 3827 BeauidnM 77704 ACORD 25 (2016/03) © 988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered. marks of ACORD L CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSNEUICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVI310NS.(Use only if ,more space I5 rec All policies include a blanket notice of cancellation to certificate holders endorsement, providing for 15 days' advance notice: if the policy is eancelled by the company other than for nonpayment, of premium, 1:0 days' notice if the policy is cancelled: fornonpayment of peeinitim..Notice is sent to certificate holders with mailing addresses on flee with the agent or the company. The endorsement does not provide` for:notice of cancellation if The named insured requests cancellation. CORD 25 (2015/03) Certificate Holder ID: 15261661 PERFORMANCE BOND Amount: $1,000,000.00 Know All Men By These Presents, That we, Coastai Caverns, Inc. 6045 Highland Ave Beaumont, TX 77705 (hereinafter called the Principal), as Principal, and RLY Insurance Company 2925 Richmond Ave., Smite 1600 Houston, 'Texas 77098 Booed No. R000001281 a corporation duly organized under the laws of the State of Illinois (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Beaumont PO Box 9827 Beaumont, 'Texas 77704 (hereinafter called the Obligee), in the maximum penal sum of One Million and No/100 Dollars ($1,000,000.00) (hereinafter called the Maximum Penal Sum), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 17th day of May , 2018. WHEREAS, the Principal has entered into that certain Utility Crossing Agreement covering construction of Principal's 12-inch ethylene pipeline with the Obligee crossing city utilities at Highland Avenue, dated contemporaneously herewith, wherein Principal has promised to i) reclaim Obligee's property and ii) abandon any of its pipelines and associated facilities that are in the public right-of-way upon Obligee's written notice (hereinafter called the Performance Obligations), which is hereby referred to and made a part hereof as if fully set forth herein. , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Agreement set forth and specified to be by said Principal kept, done and performed as to the Performance Obligations as defined herein, at the times and in the manner in said Agreement specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: 1) This bond may be cancelled by the Surety by giving fifteen (1S) days notice in writing to the Obligee, and the Surety shall be relieved of any further liability under this bond fifteen (15) days after receipt of said notice by the Obligee. Any claim must be presented in writing during the term of this bond to RLI Insurance Company to the attention of Greg E. Chilson, 2925 Richmond Avenue, Suite 1600, Houston, Texas 77098. 2) In no event shall the liability of the Surety exceed the Maximum Penal Sum to the Obligee, regardless of the number of years this bond is. extended or renewed. 3) Surety shall have no obligation to the Principal, the Obligee or any other person or entity for any loss suffered by the Principal, the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance. Surety shall not be liable for any provisions of the Agreement or specifications respecting the procurement of or coverages provided by any insurance, nor shall Surety be liable under any hold harmless and/or indemnification agreements entered into by the Principal in relation to personal injury or property damage or any other loss sustained by third parties in any way connected to or arising out of the work and/or operations of any party prosecuting the work to be performed under the Agreement. 4) The Surety's obligation under this bond shall arise after the Obligee, having performed Obligee's obligations under the Agreement, has notified the Principal of its failure to abide by the terms and conditions of the Agreement as they pertain to the Performance Obligations. Upon notice of the Principal's failure to perform the Performance Obligations, the Surety may take one of the following actions: a) Arrange for the Principal's performance under the Agreement or, b) Waive its right to perform under the Agreement, and after investigation, determine the amount for which it may be liable to the Obligee and as soon as practicable after the amount is determined, tender payment therefore to the Obligee. Notwithstanding anything contained in the Agreement to the contrary, the liability of the principal and surety under this bond is limited to the term beginning the 17th day of May , 2018, and ending the 17th day of May ; 2019, and any extensions or renewals of the referenced Agreement shall be covered under this bond only when consented to in writing by the surety. It is further agreed that surety's cancellation of this bond or refusal by the surety to extend the term of this bond shall not constitute a default by the principal, and shall not give rise to a claim or demand against the surety under this bond. In the event the surety elects not to renew this bond, the surety shall provide the obligee with at least fifteen (15) days written notice prior to any annual renewal of the surety's intent to terminate this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein, or their heirs, executors, administrators or successors of the Obligee. Coastal Caverns, Inc. �ay3gganuasaaupQgb By: ay -A, N O FtPOR °�®oar a° '�r�. o-o o RLI INSURA E COMPANY By: ° obm M chelle Madl Attorney-i -Fact . 0 e"1 4LIN0V5 e RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 .Know All Men by These Presents: E. M • • •• llll_ That the RLI Insurance Company , a corporation organized and existing under the laws of the State of Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Michelle Madl m the City of Peoria State of Illinois as it's true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed One Million and 00/100 Dollars $ 1,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: COASTAL CAVERNS, INC. Obligee: City of Beaumont Bond Amount: S 1,000,000.00 Effective Date: May 17, 2018 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN W=SS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 17th day of Mav 2018 om°°°q `�• ° , ° , . ° . ° ° COBS°O°�' v m e SEAL �•qgyp® Z � ?•GoRP0RA],, � ptY SEA ° -.- SEAL State of Illinois : County of Peoria1SS mEe£Paeaseallooeso0°oo '"'c,21Nm'""• On this 17th day of Maw, 201 g , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t Aj Gretchen L. Johnigk Notary Public 7 'OFFICIAL SEAL" SP" OF !6,2020 RLI Insurance Company By: �.�c Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company' do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Companv this 17th day of RLI Insurance Company By: (�� � - Jean M. S enson U Corporate Secretary AOOAS817 SUBS ® RLI Insurance Company P.O.RLI P.OBox 3967 Peoria II.61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 STATE OF Illinois ss. COUNTY OF Peoria Acknowledgment ®f Surety On this l7th day of May 2018 , before me, a Notary Public in and for said County, personally appeared Michelle Madl personally known to me, who being by me duly sworn did say that he/she is the aforesaid Attomey In Fact of the RLI Insurance Company of Peoria Illinois a corporation duly organized and existing under the laws of the State of Illinois that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last above written. My Commission Expires: - - KATHRIPdE.fVl SWEARIIdGIAPV "°ueuc "0FI`ICI4 r LSEAL" u"emu MY COmmission Expires _laquary7,2020" A0007204