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HomeMy WebLinkAboutRES 19-213RESOLUTION NO. 19-213 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to accept two (2) Utility Crossing Agreements to Enterprise TE Products Pipeline, LLC substantially in the form attached hereto as Exhibit 'A" to install two (2) pipelines. The first pipeline is a sixteen inch (16") carbon steel pipeline which will cross an eighteen inch (18") water line near US 93. The second pipeline is a thirty inch (30") carbon steel pipeline which will cross an eighteen inch (18") water line near US 93, a twelve inch (12") sewer line and a sixteen inch (16") water line both near Hebert Road. The two pipelines will transport ethane. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019 lMayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 16-Inch ethane pipeline crossing an 16" waterline). hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing N of US 93 - 16" Waterline (30' ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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 properly. The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall fiunish 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 a period of one (1) year from the date of completion of construction of the pipeline. 0 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, its agents, officers or employees, arising fiom 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 of 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 fiom 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 PROPERTY: s 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance peimitted by the City and within the property 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 flee, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 5 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 the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property 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 (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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. 2 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 teiminated 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 Enterprise TE Products Pipeline Company LLC P.O. Box 3 827 Beaumont, Texas 77704 P.O. Box 4324, Attu: Thnothy I Dyk Attn: City Manager Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 Lo ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: Title ' noth yk, Agents t omey-in-Fact ATTEST: By: Secretary JEFFERSON COUNT /Q * yTc t' I4,S, r ♦�4 ram, .� ;T d h CITY LIMITS EXIT NAD 83 (2011) X= 1,305,432.76 Y= 10,886,774.48 LAT.= N 29"59'28.77" )NG. =W 94"03'30.66" SEE SHEET 2 PROPOSED = a 16" PIPELINE N ry • { '; m SHEET OF ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC o ' = PROPOSED 16" PIPELINE Scale: 1"=3.000' OUTSIDE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS 3,000' 0 1,500' 3,000' C. H. Fenstermaker&AssOctales, L.L.C. PROJ. MGR.: LJB REVISIONS FENSTERMAKER 135RegencySq.Lafayette,LA70508 CHIEFINSP.: N0.0 DATE:08I29/2019 REVISED BY.JPR Ph.337-237-2200 Fax. 337-232-3299 www.fenatermaker.aoon DATE:0812312019 No. DATE: REVISED BY: Texas Finn No, 10028500 FILENAME: T:1201B12lU3111DW=ROSSING FILESICITYOFBEAUMOMICITYOFBEAUMONT.dw9 JEFFERsoN couNry, TExAs BEAUMONT CITY LIMITS \A\'OF�. 2� k /J k2 ' / NQ 2 2 ROAD EDGES 4 k PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD W CROSS-SECTION _ 16" PIPELINE No Scale SHEET 2OF3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS ' C. H. Fenstermaker & Associates, L.L.C. 7ENSTERMAKER135 Regency Sq. Lafayette, LA 705os CHIEF INSP.: No. 0 DATE: 08/29/2019 REVISED BY: JPR Ph . 337-237-2200 Fax 337-232-3299 \_,_ www.fenstermaker.eom DATE:08/23/2019 No. DATE: REVISED BY: �r•� Texas Firm No. 10D2H500 FILENAME: T:12018121883111DVJGICROSSING_FILESICITY OF BEAUMONTICITY OF BEAUMONT.ewg PROPOSED PIPELINE BORE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF ('DOT) STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, 'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE 14BO PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2A DESIGN FACTOR: 0.5 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT - 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD CARRIER LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00° 52 WALLTHICKNESS: 0400" 5.3 PIPE SPECIFICATION: API 5L SA GRADE: X52 (52,000 PSI) 5.5 MATERIALCARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING:15-22 MILS FUSION BONDED EPDXY (FEE) & 30 - 40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANITIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONTTO PORTARTHUR 1.3 PRODUCT: ETHANE IA PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019 - 2020 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF CDOT-) STANDARD CFR TITLE 49. PART 195, 'RANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE° AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, °STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 2.2 DESIGN PRESSURE: 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2A DESIGN FACTOR: 0.72' 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED -BY OPEN CUT 5.0 LINE PIPE n 5.1 OUTSIDE DIAMETER: 18.00° 52 WALL THICKNESS: 0.375° 5.3 PIPE SPECIFICATION: API 5L SA GRADE: X52 (52.000 PSI) 5.5 MATERIAL• CARSON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 16-22 MILS FUSION BONDED EPDXY (FSE) 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF COOT*) STANDARD CFR TITLE 49, PART 195, TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE° AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102,'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 , 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER 16.00° 52 WALL THICKNESS: 0.500" 5.3 PIPE SPECIFICATION: AN 5L 5.4 GRADE X52 (52,000 PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 1522 MILS FUSION BONDED EPDXY (FEE) & 30 - 40 MILS ARO SHEET 3 OF 3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS �.� PROJ. MGR.- LJB REVISIONS N. C. H. Fenstennaker & Associates, L.L.C. FENSTERMAKER 135 Regency Sq. R7-2372200LFax. Lafayette, LA 0508 CHIEFINSP.: No.O DATE:0812912019 REVISED BY:JPR e. ' w3299 ww.fenstermaker.c0no DATE:08/2312019 No. DATE: REVISED BY: Texas Firm No.10028500 FILENAME: T.12018218MIiDWCICROSswO_FILESICmoFBEAMIO nCITYOFBEAUMONT.d,.g APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $702.50 (for the ethane pipeline crossing an 18" water line, a 12" sewer line, and a 16" PVC water line) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our. Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience. and Necessity (C.CN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for- all purposes. Nearest Street Distance to Easement Length (Linear FOOD of Crossing US 93 - 18"Waterline (30' ROW) Hebert Road - 12" Sewer Line (30' ROW) Hebert Road - 16" PVC Waterline (30' ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the fist annual fee for linear foot. usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City, however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. m All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. s 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident PropertyDamage: $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 fiom, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. M 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, its 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 PROPERTY: 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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 notifications 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. 5 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 the property. In doing or pernlitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property 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 (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection sei vices may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 P.O. Box 4324, Attn: Timothy I Dyk Attn: City Manager Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC :Represented by: Ti i gent ttorney-in-Fact ATTEST: Secretary I CROSSING 0 z w z O N TZ SHEET 1 OF 4 0 Scale: T' = 3000' 3000' 0 1500, 3000' '�` ' C. H. Fenstermaker & Associates, US 135 Regency Sq. Lafayette, LA 70508 FENSTERMAKER Ph' 337-237-22CID Fax, 337-232-3299 www.fenstermaker.com N"morlor Texas Firm No. 10028500 CROSSING N CO CROSSING 'RISE TE PRODUCTS PIPELINE COMP, PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILTIES JEFFERSON COUNTY, TEXAS LJg I REVISIONS CHIEF INSP.: lNo. D 1 DATE:08/27/2019 REVISED BY: JPR DATE: 08122/2019 No. I DATE: REVISED SY: FILENAME: T:@01WI883111IN7GICROSSING FILESICrrYOFBEAUMONT%CNYOFBEAUMONTUTJUTIESXBJGS.301NPLdwg JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale PROPOSED PIPELINE INSTALLED BY z z CONVENTIONAL BORE METHOD F w 5I a z z z X 30" PIPELINE CROSS-SECTION No Scale SHEET 2 OF 4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS C. H. Fenstermaker & Associates, L.L.C. PROJ. MGR.: LJB REVISIONS FENSTERMAKER 135 Regency Sq. Lafayette, LA 70508 CHIEFINSP.: No.0 DATE:08/27/2019 REVISED BY.,JPR Ph. 337-237-2200 Fax 337-232-3299 www.fensIermaker.com DATE:08/2212019 No. DATE: REVISED BY: 11445irr Texas Firm No. 10028500 FILENAME: T:1201012185311101NG1CROSSINGjIU:SICITY OF BEAUMDNnCIfY.DF BEAUNOM URUTIES RINGS-30IN PLdsg JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale w PROPOSED PIPELINE INSTALLED BY ? HDD METHOD J w I— ro N.G. i0)l S MIN. L PROPOSED 30" PIPELINE CROSS-SECTION No Scale N.G. SHEET 3OF4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS 'r PROJ. MGR.: LJB REVISIONS '� C. H. Fenslennaker &Associates, L.L.C. FENS CERMAKER Ph. 135337-237-2200 Fax 337-232-3299 Regency Sq. Lafayette, LA 70508 CHIEF INSP.: No. DATE: 08/27/2019 REVISED BY: JPR www.fenstermaker.com DATE: 08122/2019 No. DATE: REVISED BY: %`w Texas Firm No. 10028500 FILENAME: T.12OtB12i8S311NWGICROSS[NG-FILESICITY OFBFAUMONPCiTY OF BEAUMONT UT]UTIESXMGS-3g IN PLdwg 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT) STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: APISL 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE IA PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOTI) STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HOD 5.0 HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: AP151- 5A GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 3D-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT' STANDARD CFR TITLE 49. PART 195. "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102.'STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS'. 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1B50 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINE PIPE 5.1 OUTSIDE DIAMETER: 30' 5.2 WALL THICKNESS: 0.44V 5.3 PIPE SPECIFICATION: API-51- 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIALCARBON STEEL 5.5 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) Fenstermaker & Associates, L.L.0 Regency Sq. ww r FENSTERMAKER ph5 37-23722 OLFax 37- 32-3299 www.fensIarmakar.com Texas Firm No. 10028500 SHEET 4OF4 PROPOSED 30" PIPELINE BORE DESIGN DATA PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB I REVISIONS CHIEF INSP.: 140.0 1 DATE: 08/27/2019 1 REVISED BY: JPR DATE: 08/22/2019 1140. I DATE: I REVISED BY: FILENAME: T'VOi 1 IM111DViMCROSSING FILE61CITYOFBEAUIA0.YBCITYOFBEAUMONT.dxg Job No. 13221-00 196 Venture Blvd v— `_ �7AW P.O. Box 3106 �7 Houma, LA 70361-3106 AV AV AW� AW t 1M � � AW� (985) 879-2731 VOICE (985) 876-9052 FAX l Af®nfe A H&WA, bic client focused solutions September 5, 2019 Hand Delivery City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 RE: Enterprise TE Products Pipeline Company LLC Proposed 30-Inch Pipeline Application for Pipeline License Agreement Dear Ms. Hardy: One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 (713) 219-1470 VOICE (713) 219-1471 FAX Enterprise TE Products Pipeline Company LLC is respectfully requesting authorization to install a 30-inch carbon steel pipeline buried outside the city limits of Beaumont, Texas as more fully shown on the enclosed drawings. Tlie proposed pipeline will be installed via horizontal directional drill, conventional bore, and open -trench methods and is intended to transport ethane. The project will cross an 18-inch water line near US 93, a 12-inch sewer line near Hebert Road, and a 16-inch PVC water line near Hebert Road. A minimum clearance of 5 feet will be maintained between the existing utilities and the proposed pipeline. Enclosed for your review is a Utility Crossing Agreement application package, associated permit drawings, and the required Certificate of Insurance. A check made payable to the City of Beaumont, in the amount of $702.50, for the required license agreement fee is attached. A bond in the amount of $1,000,000.00 is also enclosed. Please send all correspondence and permits to Michael Capello at Morris P. Hebert Inc., P.O. Box 3106, Houma, LA 70361. Should you have, any questions or require additional information, please do not hesitate to call me at (985) 853-3943. Sincerely, L11ZV A Michael Capello Vice President of Regulatory and Environmental Services Enclosures Page 1 of 1 Surveying • Engineering • Environmental Services e. GIS Enterprise TE Products Pipeline Company LLC Beaumont Fee Calculation (Outside City Limits) Fee Name / Location ROW Crossing Length Fee per Unit Crossing Fee Totals License Agreement Fee $500.00/Application $500.00 US 93 —18" Waterline 30' $2.25/ linear foot $67.50 Hebert Rd. —12" Sewer Line 30' $2.25/ linear foot $67.50 Hebert Rd. —16" PVC Waterline 30' $2.25/ linear foot $67.50 TOTAL FEES $702.50 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $702.50 (for the ethane pipeline crossing an 18" water line, a 12" sewer line, and a 16" PVC water line) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof fore all purposes. " Nearest Street Distance to Easement Length (Linear Foot) of Crossing US 93 - 18" Waterline (30' ROW) Hebert Road - 12" Sewer Line (30' ROW) Hebert Road - 16" PVC Waterline (30' ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). P) 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. • 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 Water Utilities Department. • Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. • Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. • The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. • Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: • Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional 'Insured. Such policy shall provide for the following minimum coverage: • Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 Such insurance shall, be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. • Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect ,for a period of one (1) year from the date of completion of construction of the pipeline. 4 • 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, its 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 PROPERTY: • 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 5 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 the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property 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 (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department 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. 0 SPECIAL CONDITIONS: Nonassiannable 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 Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 P.O. Box 4324, Attn: Timothy I Dyk Attn: City Manager Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 11 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 VVTMREOF, 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 r_ day of A.D. 20 1 q . A T:4 City Clerk ATTEST: ATTEST: By: Secretary -VI CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager i APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: Ti i gent -in-Fact OF & ry 5 y"!. t At C Wr i a. ��;\..c cF �hr�,ry�'h'F`*_"`�j ' '�rtl(; ��;Y.`�+,•�r,-`:I ++ 'Y u I^j 113 U ­V4 lo� q- v UN3 'f4j X Plig, .,4, p -L ; g A 6 j ....... ..... !;fe, k K tg -)ITS v;W toll CROSSING SEE SHEET 3 dF 4 r; v- K 72N Y 5110, �;ffl ' _52 'y 00—F MEM1. -IDA MIN JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale PROPOSED PIPELINE INSTALLED BY Z.z CONVENTIONAL BORE METHOD zi w zLu rn Ic) Z2I S MIN. I —PROPOSED 30" PIPELINE CROSS-SECTION / No Scale SHEET 2OF4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES . JEFFERSON COUNTY, TEXAS _ PROJ. MGR.: LJB REVISIONS . C. H. Fenstegaker & Associates, L.L.C. 135 Regency Sq. Lafayette, LA70508 CHIEF INSP.: No.0 DATE., 08127/2019 REVISED BY: JPR Q E R M A K E JR Ph. 337-237-2200 Fax 337-232-3299 www.fenstermaker.com DATE:0812212019 No. DATE: REVISED BY: Texas Fkm No. 10028500 FILENAME Tazmamee3tloxcicmtggFeNc"oFaawwNrmoFeEwwmTunumx=-30wpLft r PROPOSED PIPELINE INSTALLED BY HDD METHOD N.G. JEFFERSOIN COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale W N.G. S MIN. PROPOSED 30" PIPELINE CROSS-SECTION No Scale SHEET 3OF4 PRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS Iq REVISIONS C. H. Fenstennaker & Associates, L.L.C. 135 Regency Sq. Lafayette, LA 70508 CHIEF INSP.: No. 0 DATE 08/27/2019 REVISED BY: JPR Ph. 337-237-2200 FaX 337-232-3299 www.fon6termaker.com DATE:08/22/2019 No. DATE: REVISED BY: Texas Firm No. 10028500 FILENAME: T:Vmml&8311u-vmcROasWG FlI sMOFOUXMOMnalloFBFaumoNTunLmEsxWW-301NPLdwp 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINENAME MONT BELVIEUTO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 20 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF ('DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE"AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE ' 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0,63Y 5.3 PIPE SPECIFICATION: API-51- 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL• CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) 8,30 -40 MILS_ARO 1.0 GENfiRAL INFORMATION 1.1 APPUCANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE ,1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULE) FOR 2019 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF (°DOT' STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY ROD 5.0 HOD LINE PIPE 5.1 OUTSIDE DIAMETER: 30' 52 WALL THICKNESS: 0.635" 53 PIPE SPECIFICATION: API-51- 5.4 GRADE: X70 (70.00 PS0 5.5 MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPUCANT/OWNER ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 13 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ('DOT,) STANDARD CFR TITLE 49, PART 195, `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102,'STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS". 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1 B50 PSIG MIN. 24 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPEUNE WILL BE INSTALLED BY OPEN CUT 5.0 LINE PIPE 5.1 OUTSIDE DIAMETER 30' 52 WALLTHICKNESS: 0.441" 5.3 PIPE SPECIFICATION: AP"L 5.4 GRADE X70 (70,000 PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) C. H. Fensterrnaker&Associates, LLC 13 FENS: E R MA K E R P. 37-237 Regency20 Fax 337-232-3299 ' www.fenstarmaker.com Texas Firm No. 10028500 SHEET 4OF4 PROPOSED 30" PIPELINE BORE DESIGN DATA PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR: LJB REVISIONS CHIEF INSP.: No.O DATE::OBl27/2019 REVISED BY: JPR DATE: 08/2212019 No. I DATE: REVISED BY: FILENAME: T120I ISa1H10WG1CROSSING�ILEMCrrYOFSEAUMWVC"OFaF +*.dM CERTIFICATE OF LIAEILI°TY INSURANCE F DATE(..DIYYY) OW9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT : Aon Risk services southwest, Inc. Houston TX Office p1{oNE FAX (NC.No.Ert): (866) 283-7122 (A/c.No.): 800-363-0105 5555 San Felipe suite 1500 EMAIL ADDRESS: Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: old Republic Insurance Company 24147 Enterprise TE Products Pipeline Company LLC 1100 Louisiana street, loth Floor INSURER B: INSURER C: Houston TX 77002 USA INSURER D: ' INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570078033363 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BppY��LtIPAID Limits shown are as requested INSR LTR TYPE OF INSURANCE INSU IN SUB�2 WWVV POLICYNUMBER EEFFFCLAIMS. (MMIDDY/YYYY) EEXXpp (MONI/LIDDlYYYTJ LIMITS A COMMERCUILGENERALLI�AB�ILn7 MWZY31308819 44/18/20 9 04 18 2020 EACH OCCURRENCE $1,000,000 CLAIMS -MADE- I X I OCCUR �L FX D RENTED ETO PREMIEMI SES (Ea occurrence) $1,00� 000 r MED EXP(Any one person) Excluded 'Each Occurrence PERSONAL& ADV INJURY �. $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $6,000,000 X POLIXCY PRO- JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY MWTB 313086-19 04/18/2019 04/18/2020 COMBINED SINGLE LIMIT (Ea accident) S1,000,000 BODILY INJURY ( Per Person) X ANYAUTO OWNEDAUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) RREDAUTOS NON -OWNED ONLY AUTOS ONLY A UMBRELLA LIAB OCCUR Mwzu31362819 04/1872019 04/18/2020 EACH OCCURRENCE 4DE—D EXCESS LLAB X CLAIMS -MADE AGGREGATE $5,000,000 RETENTION Each Claim $ 5 , 000 , 000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICERIMEMBER EXCLUDED? N N/A MWC31308519 04/18/2019 04/18/2020 pER �7µ. X STAME ER EL EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) Ifyes desc be under D YSG�RIPTION OF OPERATIONS below EL DISEASE-POUCY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more apace Is required) certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. The insurance available to any person or organization qualifying as an additional insured will not exceed the minimum coverage and limits required by the contract or agreement between the Named Insured and the certificate Holder. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Beaumont AUTHORIZED REPRESENTATIVE PO Box 3827 Beaumont TX 77704 USA ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks ofACORD �0 -o-S fo , . -V " ,.t Arch Insurance Group LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Enterprise TE Products Pipeline Company LLC as Principal, of 1100 Louisiana Street , Houston TX and the Arch Ihsurance Company, a Missouri (Street and Number) ,(City) (State) corporation, as Surety, are held and firmly bound unto City of Beaumont as Obligee, in the sum of One Million Dollars and 00/100 Dollars ($1,000,000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 28th day of August 2019 THE CONDITION OF THIS OBLIGATION IS. SUCH That WHEREAS the Prncial has been or is about to be Pipeline LlcensdAgreementfnr City of eea�mont App cat( for the 30-Inch granted a license or permit to do business as ethane oipeMe crosslnp a 12" sewer line and a 20" PVC waterline. A3712o by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. This. bond is for the benefit of any person who is damaged by an act or omission of the applicant constituting breach of a construction contract or breach of a contract for the furnishing of labor, materials or professional services to construction undertaken by the applicant, or by an unlawful act or omission of the applicant in the performance of the construction contract. PROVIDED, HOWEVER: 1. This bond shall continue in force: Until August 28, 2020 , or until the date of expiration of any Continuation Certificate executed by the surety OR Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. Enterprise,TE Products Pipeline Company LLC PjPj�rs�l�P«C Principal By _ Arch Insittance Com anv By Fen O. Moudy -fact Surety Phone No. Bond Number: 1159478 =,==1SEA 510280652 ftSMWER OFN ID UNLLM IT &PRIM TED ON BLUE BACKGROUND. Thiiwetfomey limits the acts of those named herein, and they have no authority to. bindjhe Compayr€ manner and to the extent herein stated. Not valid for Note, Loan, Letter of Cr-direst Ram Value Guarantees. Miff -- - - = POWER F ATTORNEY Know All Persons By These Presents: MAW WM ME That the ALch Ingu aro �any, a "afw- 'Na kam existing der amWoMe State of Missouri; having its principal = admin a e&ffidM--i%0 ty; NewlMer Mr Werred to as the "Company") does hereby appoint: Alyson Carmichael, Ashley Britt Platt, Barry K. McCord, David T. Miclette, Heatherglola _MM- _en 0. Mu7by,2NikM Hj Jeannette, Rita G. Gulizo, Robert C. Davis, Robert M. 0verheySftrpalows -WitteHoiustorrMOW— — _= tM awful AtO s)NIF-dot, ri execute, steal, and deliver from the date of issuance of this power for and on its behalf as Vie= ads. its act weed— Any and all bonds, undertakings, recognizances and _other_-sur ligation n e n _ffm— M reeding Ninety Million Dollars ($90.000.000.00). MFMsi his autha oenommame obhgaiion to—e "split into two or more bonds In order to�bring each such bond within the dollar tit of autlW& asMorfeherein. The execution of such bonds, undertakings, recognizanG_s aad ffft- ations HOsa_ic&IMresents sIW be a� binding upon the said om an a fu imply t�=Wn=tsgm s, as if —re sarrr� haTbeen duly executed and -Qk®Qw l its regd&0I e r principa - iMW6 T ce in Jersey City, New Jersey. _ oOWUMIttorney is executed by authority of resolutions adopted by unanimous consent of the Board of Digctar€o _o_pa MM on September 15, 2011, true and accurate copies of which are hereinafter rtified 1tlurerr Secretary as being in full force and effect _ I r ED, Thaw rr tie ward, the id F tlr�—xmutive Vice President, or any Senior Vice President, of the Surety MWess Divi— of e aM%ifiWs designated in writing and filed with the Secretary, or the Secretary shall have the pointer ;mod amity to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations s-f k>=ig tWil ctive pmm-€�ot= = -_ attorney, to execute on behalf of the Company, and attach the seal ofA-he C_ hereto, rie_kgnizancnd other surety obligations obligator the naturP�acaof, andclf_ervompan_ y a aeon acceptance of process." = hiW_ cMr` _My is sigr�, seaTd and certified by facsimile under and by authority of the following resolution adopIggUyIt _ �nanrmous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of th�Cha_iran of thi�__oe�_e tithe Exec any Senior Vice President, zEff of the Surety B a rr_ft _ii _ri _ _ appoin—i-- —dew 'Wng and fifes with Secretary, and the signature of the Bbthe sea h=ooa ertificatiorr by the�ecFetary, may be affixed by facsimile on any power of attorney or bond. _= 7si� ipursuanttheluhon adopted by the Board of Directors on September 15, 2011, and any such oso exectd sealeaand certified with respect to any bond or undertaking to which it !s attache hall continue b dMn�_g uponT— 4 -_- Company. OOMLOO13 00 03 03 — D Prim in U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: You may call Arch Insurance Group's toll -free telephone number for information or to make a complaint at: 1-866-413-5550 You may also write to Arch Insurance Group at: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: Con sumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener informacion o para someter. una queja: Usted puede Ilamar al numero de telefono gratis de Arch Insurance Group para informacion o para someter una queja al: 1-866-413-5550 Usted tambien puede escribir a Arch Insurance Group: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas,gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Arch Insurance Group primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 ML0042 44- 0416 Page 1 of 1 116 Venture Blvd ff � P.O. Box 3106 v— `_ AW EW7 Aw- ,Im r7 Houma, LA 70361-3106 AV AV AV AV Aff s M AV i / AIL 1/ M AV M AWWW AV AIF (985) 879-2731 VOICE �mogyfa (985) 876-9052 FAX P. Hebei Inc, client focused solutions September 12, 2019 City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 RE: Enterprise TE Products Pipeline Company LLC Proposed 16-Inch Pipeline Application for Pipeline License Agreement Dear Ms. Hardy: Job No. 13221-00 One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 (713) 219-1470 VOICE (713) 219-1471 FAX Enterprise TE Products Pipeline Company LLC is respectfully requesting authorization to install a 16-inch carbon steel pipeline buried outside the city limits of Beaumont, Texas as more fully shown on the enclosed drawings. The proposed pipeline will be installed via horizontal directional drill, conventional bore, and open -trench methods and is intended to transport ethane. The project will cross an 18-inch water line located near US 93. A minimum clearance of 5 feet will be maintained between the existing utility and the proposed pipeline. Enclosed for your review is a Utility Crossing Agreement application package, associated permit drawings, and the required Certificate of Insurance. A check made payable to the City of Beaumont, in the amount of $567.50, for the required license agreement fee is attached. A bond in the amount of $1,000,000.00 is also enclosed. Please send all correspondence and permits to Michael Capello at Morris P. Hebert Inc., P.O. Box 3106, Houma, LA 70361. Should you have any questions or require additional information, please do not hesitate to call me at (985) 853-3943. Sincerely, Michael Capello Vice President of Regulatory and Environmental Services Enclosures Page 1 of 1 Surveying • Engineering • Environmental Services • GIS Enterprise TE Products Pipeline Company LLC Beaumont Fee Calculation (Outside City Limits) Fee Name / Location ROW Crossing Length Fee per Unit Crossing Fee Totals License Agreement Fee $500.00/Application $500.00 Hwy 93 —16" Waterline 30' $2.25/ linear foot $67.50 TOTAL FEES 1 $567.50 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attu: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 16-Inch ethane pipeline crossing an 16" waterline). hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement N of US 93 - 16" Waterline (30' ROW) 1 Length (Linear Foot) of Crossing 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 Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property., The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stormdrainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. 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 Water Utilities Department. • Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • 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. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all c 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. Installation will be done in accordance with all City.standards and statutes of the State of Texas. REQUIRED COVERAGE: • Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for -the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. M • 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, its 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 PROPERTY: • 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. 5 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 the property. 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 parry who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/1NSPECTION: Any and all work to be performed on City property 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 (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee, hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 P.O. Box 4324, Attn: Timothy I Dyk Attn: City Manager Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 d the seal of the City to be herewith affixed by the City Clerk, this 9 day of 0(, , A.D. 20M. �0' 6, JOF A LT: J i erk ATTEST: By: 01Ff/k4 S • L-bt- Secretary A ""O"'E'l, e By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: Titl�th k, Agent & ttorney-in-Fact .4CORb® fft� CERTIFICATE OF UABILITY INSURANCE DATE(MMIDDNYYY) 0812912019 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NA1IOMMNEEE Aon Risk services Southwest, Inc. Houston TX Office X C. No. Ext): (866) 283-7122 ��c, No,); 800-363-0105 5555 San Felipe Suite 1500 MAIL rAnDRESS: Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Old Republic Insurance Company 24147 Enterprise TE Products Pipeline Company LLC 1100 Louisiana Street, loth Floor INSURER B: INSURER c: Houston TX 77002 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570078033363 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO. THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested gE�XCLUSIONS LTR TYPE OF INSURANCE AWED SYND POUCYNUMBER (rdNIIpDY/Y%) p(P (MM/pp/Y & LIMITS A X COMMERCIAL GENERAL LIABILITY MwZY31308819 04 18/2619 04/18 2020 EACH OCCURRENCE $1,000,000 CLAIMSMADE I X I OCCUR �L DAMAGETo RENTED PREMISES (Ea —ED nce) $1,000,000 MED EXP (Any one person) Excl uded •Each Occurrence PERSONAL& ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $6,000, 000 X POLICY 0JECT I ILOG II—�--LIL PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY MWTB 313086-19 04/18/2019 04/18/2020 COMBINED SINGLE LIMIT (Fa accident) $1,000,000 BODILY INJURY ( Per person) x ANYAUTO OWNED AUTOS SCHEDULED ONLY AUTOS BODILY INJURY (Per accident) 1 PROPERTY DAMAGE (Per accdent) HIREDAUTOS NON -OWNED ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR Mwzu31362819 04/18/2019 04/18/2020 EACH OCCURRENCE EXCESS LIAB X CLAIMS -MADE AGGREGATE $5 , 000 , 000 DELI I RETENTION Each Claim $ 5 , 000, 000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/ PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? N N /A MWC31308519 04/18/2019 04/18/2020 PEp pT}� X STATUTE ER EL EACH ACCIDENT $1,000,000 EL DISEASE -EA EMPLOYEE $1,000,000 (Mandatory In NH) Dyyes describe under DESIRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $1, 000, 000 a DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Addilional Remarks Schedule, may be attached If more space Is required) Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. The insurance available to any person or organization qualifying as an additional insured will not exceed the minimum coverage i and limits required by the contract or agreement between the Named Insured and the certificate Holder. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Beaumont AUTHORIZED REPRESENTATIVE PO Box 3827 Beaumont TX 77704 USA 19� ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 26 (2016/03) The ACORD name and logo are registered marks ofACORD Liberty 2200 Renaissance Blvd. Ste. 400 King of Prussia, PA 194062765 Mutua10 Ph. (610) 832-8240 SURETY LICENSE.& PERMIT BOND Bond Number: 58S212805 KNOW ALL MEN BY THESE PRESENTS, that we Enterprise TE Products Pipeline Company LLC 1100 Louisiana Street Houston. TX 77002 as principal (the "Principal"), and Liberty Mutual .Insurance Company , as surety (the "Surety"), are held and firmly bound unto_ City of Beaumont as obligee (the "Obligee"), In the penal sum of One Million Dollars and, 00/100 Dollars.($1,000;000.00 ), for the payment of which sure well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a license or permit for 16" lateral - AFEA37120 for the term beginning the 6th day of September 2019 ,and ending the 6th day of September—, 2020 ; and this Bond is intended to cover the term of said License or Permit. NOW, THEREFORE, THE CONDITION OF THiS 'OBLIGATION IS SUCH, that if the license or -permit is issued to the Principal; and if Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principals breach of any ordinance; rule, or regulation, relating to the above described license or permit, then this obligation shall be null and Vold; otherwise to remain in full force and effect: PROVIDED ANDSUBJECT TO THE CONDITIONS PRECEDENT- 1. The liability of. the Surety hereunder shall in no event exceed the penal. sum :of this bond .as stated above, regardless of the. number of years the bond shall continue in force. 2. This bond shall continue in force until (surety shall elect either option a or b) Pq a. the 6th day of September 2020 , or until the expiration date of any Continuation Certificate executed by the Surety. (] b. -the Surety notifies the Obligee in writing of its cancellation of the bond. The Surety shall.be relieved of any 'further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for.defauits occurring prior thereto. & Any claim under this bond must be presented in writing. to the Surety to the attention of The Surety Law Department at -the following address: interchange Corporate Center, 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 194624e;44. Should the address of the Surety change., then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety. DATED as of this 6th day of September 2019 WITNESS / ATTEST Enterprise TE Products Pipeline Company LLC {Principe .: E,r�����J�C !!� l v� By: (Seal) Liberty Mutual Insurance Company (Suret By, (Seal) e Y or" yin=Fact, LMIC-6600 Rev. 03104 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. ��b�li' Liberty Mutual Insurance Company mute . The Ohio Casualty Insurance Company Certificate No: 8201246 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Coinpehyis a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, at of the city of ftouston state of TX each indtviduatiy if there be more. than one,named, lit true and lawful atlomey=fi-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertaking% bonds, recognizances andofher surety obligations, In pursuance of these presents and shag be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper .persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of May 2019 . Liberty Mutual Insurance Company P� INS U gY INS& INSU/�9 The Ohto Casualty Insurance Company j °nrorrgr y J °aror�T Pqy GQ e°r�T !n West Amedcan insurance Company Y gq 1912 $ y s 1919 �� o U 1991 . C.,/,/ynes d' s8acx°s` a NARtES.1 a� �N'JAIU- By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this i Oth day of iytay 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of iberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance -Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name'and affixed my notarial seal -at King of Prussia, Pennsylvania, on the day and year first above written. PAS $ 14�-. COMMONWEALTH OFPENNSYLV'ANW Q, �tiOrh47 ��f V°'s- No4,rial Saal .tlF Teresa Pastella, Nolary Public upperMetionmvp,Mow mery.county By: + aY' MyCommleslon Eipires March 2e,2027 rw� Teresa-Pastella, Notary Public 4 fiF,�j♦!p� A1ehlier; PomisylvnnlaAsSodetlun of Not�des. This Power of Attorney is made and executed pursuant to and by authority of the following, By-laws and_Autho6zatioris of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In iull force and effect reading as follows: ARTICLE IV —OFFICERS; Section 12. PowerofAltomey. Any officer or other official of,the Corporation authorized for that purpose in w(Wrip by the Chairman or the President, and subject to such limitation as. the Chairman or the President. ma prescribe, shag appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to snake, execute, seal, acknowledge. and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such atlorneys-in-fact, subject,to tine limitations set forth in their respective powers of atomey shall have full power bind the Corporation •by their signature and execution of any such, instruments and to attach thereto the seal of the Corporation. When so executed, such insinimerits shall be as binding as if signed by the President.and attested to by the Secretary. Any power or:authority granted to any representative or attorney -in -feet under the provisions of this article maybe revoked. at any time by the'Board, the Ch'aimman; the President or by the officer or officers granting such power or authority: ARTICLE XIII — Execution of Contracts, Section $. SuretyBonds.and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, andoubject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys=in-fact, as may be necessary to act in behalf of the Company to make, execute; seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Such altombys4ri-fact subjectbin to The limitations set forth in their respective powers of attomey, shalt have full power to d the Company by their' ignature and "execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shag be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the,Company, authorizes David M. Carey; Assistant Secretary to appoint such attomeys-in: fact as may he necessary to act on behalf of the -Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizonces and othersureity obligations. Authorization — By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any.Assistant secretary of the Company, wherever appearing upon dcerl fied copy of any power of attorney issued by the Company in connection with surelybonds, shall be valid and binding upon IlieCompany with the same force and effect as though manually affixed. 1, Renes C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, 1.1herty Mutual Insurance Company, and West American Insurance Company do hereby oerli(y that the original power of aftomey_of which the foregoing is a full, true and-correcl copy :of the Power of-Atlomey executed by said Companies, is In fug iorce and effect and has not beech ravHE W IN TESTIMONY WHEREOF, I have hereunto set my Band and affixed the seals of said Companies thisAday of Pl 1NSU�;9 P`�Y fNsp a 1NSUin �, a°ae°'rqT yn GjJ' 4oFP°!(gT� :GPI°�bRtT yC) 1912 0 0 1919 0 1991 o 0 r a lh 3 y s �m Q 3 By: Y`��gS4_°Seaaa Ys'kAJAI'' as Renee ,C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 N be 1) I14 61. SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll -free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd.; Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-IA) P. O. Box .149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: htip://www:tdi.texas.gov E-mail: ConsumeiProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about -a claim you should first contact the agent or call l=800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for :information only and does not become a part or condition of the attached .document. NP70680901 LMS71529210116 TEXAS AVISO IMPORTANTE Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis para information o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400. King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas aI 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Pibtectiori (I I I-1A) P: O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.g_ov E-mail: ConsumerProteotion@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a Lin reclamo, de be comunicarse con el agente ,o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLtZA: Este aviso es solo para proposito de information y no :se coni ieite en paste. o condicion del documento adjunto. •} '.� a �+..t ; � .�x.p• ®<� � it "7� i � . j �/i '•��Ra r .y-i.:�.ti .y,eh�� ,j.y�•c•1 �• -y +, �r .R, 1 � S f� - Say .411 NN ,``fir �' 'e , 1w•''�3,,�� �' �a `f *, II i � t��. ' 1,. �,,� � ��L,t ,fit'; q •j}�a"' G I��fiuOttliirr['�. ' ". ` si,j.. - n' ^ .> .r• a, rI.1._l , � �� w �' :>_nrm=m.mnrm;ri: inirnrrr� 5 t . Y � F '1 1. l �.. � r• �`�},'�r'�'� � F ' • • • �y �rrsld' _� �x-i - • � `` • � � . �,�t. -:,fix-. � t¢�; JEFFERSON COUNTY, TEXAS \ \ O \�s�ER��N� Ile �P \ \ J 9 \ \ n �G p O�tnN ti 00 I x xz z J WROADEDGES 4/ x z / U W 4 x PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD CROSS-SECTION 16" PIPELINE No Scale SHEET 2 OF 3 �AM I��+� PROJ. MGR.: LJB C. H. Fenstermaker & Associates, L.L.C. 135 Regency Sq. Lafayette, IA 70508 CHIEF INSP.: =NSTERMAKER Ph. 337-237-2200 FaX 337-232-3299 .' www. fe n s t e r m a k e r. c o m DATE 08/23/2019 Texas Finn No. 10028500 - USE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS SIONS No. EI'71 REVISED BY: JPR No.REVISED BY: ' V1883111DVVMCROSSING_FlLESICITY OF 13EAUMON1CrTY OF BEAUMONT.dwg PROPOSED PIPELINE BORE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANTOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE , 1.4 PROPOSED CONSTRUCTIONACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 21 DESIGN CODES THE DEPARTMENT OF('DOT7 STANDARD CFR TITLE 49, PART 195. `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNE'AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, "STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 21 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATICTEST PRESSURE 1850 PSIG MIN 24 DESIGN FACTOR: 0.5 3.0 CATHODIC PROTECTION 1 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HOD 5.0 HDD CARRIER LINE PIPE 5.1 OUTSIDE DIAMEmm 16A0" 52 WALL THICKNESS 05W 5.3 PIPE SPECIFlCATIOtt API SL 5A GRADE X52(52,000 P89 S,S MATERIAL• CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING.,15-22 MILS FUSION BONDED EPDXY (FBE)330-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPUCANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONTTO PORTARTHUR 1.3 PRODUCT. ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF (DOT) STANDARD CFR TITLE 49, PART 195. `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNe AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102. "STEEL PIPELINE CROSSING RAILROADSAND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIEROAPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINEPIPE 5.1 OUTSIDE DWAIETIER 18.00' 52 WALLTHICIWESS 0.375' 5.3 PIPE SPECIFICATION: API 5L 5.4 GRADE: X62 (52,OOD PSO 6.5 MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING:15-M MILS FUSION BONDED EPDXY (FSE) 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER ENTERPRISE TE PRODUCTS PIPEUNE COMPANY LLC 12 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES THE DEPARTMENT OF CDOTM STANDARD CFR TITLE 49. PART 195, `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNE'AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, -STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE 14BO PSIG 2.3 HYDROSTATIC TEST PRESSURE 1650 PSIG MIN ZA DESIGN FACTOR 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUM10N METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER 16.00' 52 WALL THICKNESS: O5D0' 5.3 PIPE SPECIFICATION: API SL 5.4 GRADE: X62 (52,0DO PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING:15-22 MILS FUSION BONDED EPDXY(FBE) 830. 40 MILS ARO SHEET 3 OF 3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS l _ PROJ. MGR.: LJB REVISIONS C. H. Fenstennaker & Associates, LL.C. FENS.TERMAKER Ph 5 3e7--237--2200LFax.e37-23270500 -3299 CHIEF INSP.: No.O DATE: 08/29/2019 REVISED BY:JPR •.,�� www.fenstermaker.c0m IIIDATE: No. DATE: REVISED BY: Texas Firm No. 10028500 FILENAME: T.120t81210a111mwcaCFiosSO,�O MsLYTY DF BEAUYONw[Ty DF BEALwcNTdm