HomeMy WebLinkAboutRES 13-091RESOLUTION NO.13-091
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to TransCanada Keystone Pipeline, LP, substantially in the form attached
hereto as Exhibit "A," to install a thirty-six inch (36") pipeline which will cross various water
line and sanitary sewer easements near South Major Drive, Interstate 10, Fannett Road,
and Tyrrell Park Road located within the city limits of Beaumont for the purpose of
transporting oil, said pipeline is to be constructed in compliance with City requirements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
2013.
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name. - mvistuol,u,
'Ke��re ?ipel+�t�P
Business Phone: (
J13-693-6400
Business Address: 7
Y�
' te, 2 D0 1 62a5kh
j'y,_ 91002
The City of Beaumont, hereinafter called "City ", for and in consideration of the sum
specified herein - - 4
hereby grants to
hereinafter called "Licensee?', the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Leng (Linear Feed
-jV C� M _� 0 r b F'_a�� .—� " J �r
EXHIBIT "A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers Iocated within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
All pipelines crossing public rights- of-way shall be bored from right -of -way
line to right -of -way line. Within these Iimits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
d The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer. lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working - thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
0 Operations along roadways shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street-or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owners) 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.
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
a Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1 "=2,000' City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with -said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:.
Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
o Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
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 CONSTRUCT ION/MAINTENANCE W1TH1N R.O.W.:
City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all tinges. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
0
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATION SPECTION:
o Any and all work to be performed on City right-of-way (R.O. W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
O Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to cofnpletion of work and removal of equipment from the job
site to permit the City to make an inspection.
SPECIAL CONDITIONS:
Nonassgnable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee:'I rm$ Lak Kew e.
P.O. Box 3 827 ,
Beaumont, Texas 77704 Address of Licensee 1111 le <i s S � . , Sut VCc. 2400
Attn: City Manager City and State of Licensee: �r0�ts�otn ► 1� IId0
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
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CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name. r%%sf,►uda. Ket$�er►e ?I i2d;v%cT Business Phone: bHoo
Business Address: 7 Tex-&s Sj. .S%x4t 29DO a Houswn .Ty- 11171Do2
The City of Beaumont,hereinafter called"City",for and in consideration of the sum
specified herein _ _ 3�$ • lob
hereby grants to
Tr�►v►sC6�.�a�.. Ke�ciev�e �iq�1�v�e , t— P
hereinafter called"Licensee",the license
to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W.DesgjRdo Length(,Linear Feet1
V�,f\b1tiS - See nk�ac�.edl �,�In�bi�'S lill. �
-)v iwduAc S MXpf- T- 10 Ecayn,nel �d ���fr�l �Grk
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee-$500.00
0 Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10)years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees,including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement(see page 8).
GENERAL CONDITIONS:
0 Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
• All pipelines crossing public rights-of-way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
• The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
0 The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline(see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines,or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City(Public Works Department)in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s)of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
3
• Any licenses,permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity,then documentation
regarding such will be provided to the City of Beaumont.
• Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
• The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
• The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
• Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
• Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:
o Licensee shall famish 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.
• Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W.involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight(48)hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number,will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas,water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
6
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto,such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided,however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street,alley, easement or other right-of-
way.
NOTIFICATIONAINSPECTION:
• Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
• Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to cotnpletion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassi igablg
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty(3 0)days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee:Trans Uytkka- Kegj�o�n_�fAihG L?
P.O. Box 3 827
Beaumont, Texas 77704 Address of Licensee: 111 "fie K S Sul Vc 4 bo
Attn: City Manager City and State of Licensee: �O4.sl2yn
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
8
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont,Texas,has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this _ day of �'I ,A.D. 20
CITY OF BEAUMONT, TEXAS
� K Y le Hayes,City Manager
A/ITEST: '
City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
��ay►�Cay�o�a �cu�S�owe QtpeliHC.1Lt�
bA %4s 0.pA4- TG Oil Pipe I kc Opemh'rjs .11,c,-
'Represented by:
.t,
T�
��St
Title
ATTEST:
By:
�rww� spacrp�t�
\pipelines\\pipeline license agree 9 Revised 12-14-2007
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FOOTAGE ACROSS
NUMBER TYPE DESCRIPTION MILE POST EASEMENT DRAWING NUMBER
a
WATER UTILITY 20" 470.45 20.3 4387-03-ML-03-501
2 WATER UTILITY 20" 471.24 20.3 4387-03-ML-03-502 t
� 3 SANITARYSEWER 10" 471.41 20.4 4387-03-ML-03-502 ;.
I i
Y 4 WATER UTILITY 8" 471.50 20.5 4387-03-ML-03-502
5 SANITARY SEWER 10" 471.62 0.0 4387-03-ML-03-502
STEINHAGEN RD
6 SANITARYSEWER 10"CIP'71-PR 471.65 0.0 4387-03-ML-03-502
t 7 WATER UTILITY 8"PR 471.65 0.0 4387-03-ML-03-502 }
e8 WATER UTILITY 8"PR 472.99 4387-03-ML-03-503
g 9 ISANITARYSEWER 21"PR 473.00 60.1 4387-03-ML-03-503
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Valve Site City Limit
• Utility Crossings Other Parcels CBD NC R-S E REVISED UTILITY CROSSINGS 11/05/201 DWN BY: GLE DATE: 03/25/2013 Jefferson County,Texas
F ADDED FOOTAGE ACROSS EASEMENTS 3/04/201 REV BY: DTH DATE: 03/25/2013 DRAw�NG: 4385-03-ML-02-705 REV
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JEFFERSON COUNTY. TEXAS
Z SAMUEL STIVERS SURVEY. ABSTRACT NO. 51
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FASTING: 1264240,03
FLOW '
I
s PROPOSED I
t 48.5' I
x 36" PIPELINE ,
a. I I I PRI vATE I
X L RCq I xa
COORDINATES BASED ON HORIZ: 1" = 30'
UTM ZONE 15 NORTH,
NAD83, U.S. SURVEY FEET
NOTE:
PRODUCT: CRUDE OIL ACTUAL SEWER/WATER LINE LOCATION
CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. TO BE VERIFIED PRIOR TO CROSSING
X-70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARID
MINIMUM TEST PRESSURE: 1,816 PSIG
MAXIMUM OPERATING PRESSURE: 1,440 PSIG
CARRIER PIPE TO BE EXTERNALLY COATED
FOR CORROSION CONTROL
PIPELINE TO BE CATHODICALLY PROTECTED
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195
OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION)
TRAFFIC TO BE MAINTAINED DURING INSTALLATION
PIPELINE TO BE INSTALLED BY BORING j
o m Ir
v1 w
In f~/1 N
30' .. ........................................................................ ........................................... 30'
NATURAL GROUND
20' .................................... .... 20'
10' LITY.
20" WATER UTIA.. ........ t0'
0' ..... ...... ........ ........... ............ .................................._........ ...._.. ........ 0'
TOP OF PROPOSED 5 MIN. CLEARANCE
-10' 36". PIPELINE*......... . ... _10'
I
PROFILE
HORIZ: 1" = 30'
VERT: 1" = 30' j a 1 z
z
o
20" WATER UTILITY CROSSING DRAWING
PERMIT � °
TransCanada FIA N CHAINAGE: DISCIPLINE If F
UniversalPegasus In business to deriver 4387 1 M.P. 470.53 03 '
INTERNATIONAL TITLE
ORIGINATOR: KEYSTONE XL — GULF COAST
4848 LOOP CENTRAL DR. PI 01/07/2013 ' I
SUITE 100 HOUSTON, Tx. PROPOSED PIPELINE CROSSING
713'977 H. H K APPROVE BY: SOUTH MAJOR DRIVE
JOB NO. 11042.00 IG—L GTC I SCALE 1"=30' DWG No 4387-03—ML-03-501 REV 0
PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS
JEFFERSON COUNTY, TEXAS °
SAMUEL STIVERS SURVEY, ABSTRACT NO. 51
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ro '' NORTHING: 10896343.87 ' s TgRY Sr"_z ' 1 NORTHING: 10895697.69
I I , 71.69 ° s I
I , FASTING: 2688 _ x l EASTING. 1269988.61
I + 78. UNDERGROUND CABLE 20 / s� `x ' / 78'
PROPOSED 78• - PRIVATE R 76 if 78*I /I 78
�c w I, OAO- s / n
PIPELINE „ 5 III
l FLOW - 1 I I
I ' i ' 20' NORTHING: 10896093.64 - I NORTHING: 10895689.93
A TE ROAD EASTING: 1269304.22 EASTING: 1270002.02
NORTHING: 10896779.37 1 v
EASTING: 1268118.94 Z PARKING LOT ti NORTHING: 10895778.98 v
= PLAN EASTING: 1269848.10 a Q
a
HORIZ: 1"=200'
3 °
� � z
> w w
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60' ..... N ....... Nom...... a ....... .....°..1�...N°.... ...... ... ... 60'
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. ..
30'
..............................................................
................................. .. .. ..................... ................. ............ ................ 20
20
10' 20" WATER UTILITY 10" SANITARY SEWER.... .........
8" WATER UTILITY ................................................................... ....... ...... .. ............
D 10" SANITARY SEWER .... ........... ...
0'
................................. ..................
10" CIP'71-PR SANITARY SEWER
8" PR WATER UTILITY
-20' S' MIN. CLEARANCE........ -20'
-3O' _....... ............... 5' MIN. CLEARANCE......... 5' MIN. CLEARANCE.... 5' MIN. CLEARANCE ..... .. ... .. ....... . 5' MIN. CLEARANCE.. .....
-30'
-40'-
... ........................ -40' I
I
5' MIN. CLEARANCE
-50' _ _ _._ _..... ....... ... _ ........ .. .. ... .. .... .............. ... . ....... .. _. ....... -50
I
I
TOP OF PROPOSED
-so' I
36 PIPELINE ................. ........................ . ........... ........... ......... ......... ........ -70'
......................... ..
-7o I
I
-80' ....... .............................................................. ........ ................ .... ............................. ............................. ....................
............................
PROFILE INTERSTATE 10 — STATE HIGHWAY 124 CROSSING DRAWING i V)
I PRODUCT: CRUDE OIL HORIZ: 1"=200' I w
CARRIER PIPE (ROAD BORES): 36" O.D. X 0.748" W.T. w
X 70 DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO VERT: 1"=200' r, PERMIT I
MINIMUM TEST PRESSURE: 1.816 PSIG COORDINATES BASED ON v TransCanada FIA # CHAINAGE: DISCIPLINE # ~ I
MAXIMUM OPERATING PRESSURE: 1.440 PSIG \\77
I CARRIER PIPE TO BE EXTERNALLY COATED UTM ZONE 15 NORTH, UIllVeTSBIPeg'dSU D3
S in business to deliver 4378 M.P. 471.24 - 471.65 I I
I FOR CORROSION CONTROL NAD83, U.S. SURVEY FEET INTERNATIONAL TITLE
I ORIGINATOR: KEYSTONE XL — GULF COAST I I
PIPELINE TO BE CATHODICALLY PROTECTED 4848 LOOP CENTRAL DR. 1 2�05�2012
1n PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 SUITE 100 HOUSTON. TX' PROPOSED PIPELINE CROSSING I I
Fn OF THE CODE OF FEDERAL REGULATIONS S SLATES EDITION) AACTUAL SEWER/WATER UNE LOCATION 7„'977P7770 cHECKEO BY: APPROVEDaeY: INTERSTATE 10 —
STATE HIGHWAY 124 I I NAME
PIPELINE TO BE INSTALLED BY HORIZONTALLY DIRECTIONAL DRILL TO BE VERIFIED PRIOR TO CROSSING
of
JOB NO. 11042.00 IG-L GTC SCALE 1”=200 DWG No 4387-03—ML-03-502 REV
PLOTTED SIZE: TABLOID (11x17) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS
JEFFERSON COUNTY. TEXAS
SAMUEL SLIVERS SURVEY, ABSTRACT NO. 51
I I 1 �
x I f I I X
x f X
I 183' 1
x I X
::QQPROPpO�SryE�D I I 81' 1 NORTHING: 10891767.16
36" PIPELINE EASTING: 1275806.86
x I X
FLOW�
x c x
NORTHING: 10891773.29 I
' IEASTING: 1275787.64 0
> x
x = z =
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COORDINATES BASED ON HORIZ:1"=20'
3 UTM ZONE 15 NORTH,
O NAD83, U.S. SURVEY FEET
d
PRODUCT: CRUDE OIL
m° CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. ACTUAL SEWER/WATER LINE LOCATION
w° X-70M DSAW PIPE W/14 TO 16 MILS FBE k 30 MILS ARO TO BE VERIFIED PRIOR TO CROSSING
3 MINIMUM TEST PRESSURE: 1,816 PSIG
MAXIMUM OPERATING PRESSURE: 1,440 PSIG
°o CARRIER PIPE TO BE EXTERNALLY COATED
FOR CORROSION CONTROL
o PIPELINE TO BE CATHODICALLY PROTECTED cr
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 y w
OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) N
TRAFFIC TO BE MAINTAINED DURING INSTALLATION >
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3 NATURAL GROUND
.............................................................................................................................
W
10' 10,
41 8" PR WATER UTILITY
O 21" PR SANITARY SEWER
° 0' ......... ..... .......................... ............. ..... ........ .......................... 0'
I TOP OF PROPOSED . ... MIN. CLEARANCE I
:Q
36" PIPELINE 5' MIN. CLEARANCE I
+ —10' —10'
PROFILE I
HORIZ: 1"=20'
z VERT: 1"=20' 1 Z
0 8" PR WATER UTILITY do 21" PR SANITARY SEWER CROSSING DRAWING
PERMIT
TransCanada FIA # CHAINAGE: I DISCIPLINE N
FI
UniversalPegasus Ip husfne"to deliver 4387 M.P. 473.08 03
INTERNATIONAL TITLE
ORIGINATOR: KEYSTONE XL — GULF COAST
4848 LOOP CENTRAL DR.
SUITE 100 HOUSTON, Tx. PI 10/18/2012 PROPOSED PIPELINE CROSSING I I
7I-77 Pj7,0 CHECKED BY: APPROVED BY: TYRELL PARK ROAD
JOB NO. 11042.00 IG—L GTC SCALE 1„=20, DWG No 4387-03—ML-03-503 REV 2
PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS
A11°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY)
,artr2o12
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: M the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 NAME:
Marsh USA,Inc.
4400 Comerica Bank Tower PHONE FA/AXC No):
1717 Main Street E-NWL
Dallas,TX 75201.7357 Miss:
INSURE S AFFORDING COVERAGE NAIC 0
WU0050•GL-2012 INSURER A:Liberty Mutual Insurance Company jjINW/A 043
INSUREDTRANSCANADA KEYSTONE PIPELINE,LP INSURERS:NIA A
CITY OF BEAUMONT INSURER C:NIA
P.O.BOX 3827 INSURER D:
BEAUMONT,TX 77704
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: HOU-002192036-01 REVISION NUMBER:to
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 BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POMONMi .LIMrr3.
A GENERAL LIABILITY X TB2-691.459482-022 07/05/2012 07/2312014 EACH OCCURRENCE $ 1,000,000
ICOMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) .$ 100,000
X CLAIMS-MADE M OCCUR MED EXP(Any one person), S 10,000
X GENL AGG-PER SPREAD PERSONAL aADV INJURY S 1,000,000
X 110-YEAR COMPLETED OPS GENERAL'AGGREGATE S 1,000,000
FEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000
POLICY PRO LOC S
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ent
ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY
AUTOS AUTOS (Per accident) $
HIRED AUTOS
NON-OWNED RTV DAMAGE
AUTOS �y a I $
Is
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
WORKERS COMF9M' ON WC STATU• JOTTH_AND EMPLOYERS'L
IABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $(Mandatory In NH) E.L.DISEASE-EA EMS
K yee,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLIC $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space Is required)
IT IS HEREBY AGREED THAT THE CITY OF BEAUMONT IS ADDED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED
INSURED.
CERTIFICATE HOLDER CANCELLATION
CITY OF BEAUMONT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
P.O.BOX 3827 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
BEAUMONT,TX 77704 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
William Hines
®1988-2010 ACORD CORPORATION. AM rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
Right-of-Way Permit Bond
Bond Number: BDTO-400140-12
KNOW ALL MEN BY THESE PRESENTS: That we, TransCanada Keystone Pipeline, LP, of 2700 S.
Post Oak Blvd., Suite 400 Houston, Texas 77056, as Principal, and Liberty Mutual Insurance Company,
as Surety, are held and firmly bound unto The City of Beaumont, Texas, as Obligee, in the sum of One
Million -----00/100 Dollars ($1,000,000.00) Dollars, lawful money of the United States of America, for
which payment, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally.
WHEREAS, the Principal has applied to the City of Beaumont for a Pipeline License Agreement to lay,
maintain, operate, replace, or remove pipeline for the transportation of oil, gas, water or their products on
or across certain property situated in the City of Beaumont, Jefferson County, Texas being more
particularly described in the permit application from the City of Beaumont (the "Application for Pipeline
License Agreement");
WHEREAS, the Principal is required to file a suitable bond with the Obligee to guarantee satisfactory
performance of the conditions of the Permit Agreement before the permission will be granted.
Now, therefore,the condition of this bond is such that if the Principal faithfully performs the conditions
of the Permit Agreement, then this obligation shall be null and void;otherwise to remain in full force and
effect; provided, however, that if the Principal shall fail to faithfully perform the conditions of the Permit
Agreement, then the Surety shall have a reasonable period of time upon receiving notice of the Principal's
default from the Obligee to either: The Surety may not cancel,alter or otherwise modify this bond unless
fifteen(15)days prior written notice is provided to the City.
(1)Remedy the default; or
(2)Pay to the Obligee the amount necessary to remedy the default, up to the penal sum of this
bond.
It understood and agreed that the aggregate liability of the Surety shall not exceed the penal sum of this
bond.
It is a condition of this bond that any suit or action must be commenced before the expiration of one (1)
year from the date of the completion date of the work under the Permit Agreement.
The Principal and the Surety have signed and sealed this bond this 17 day of October, 2012.
TransCanada Keystone Pipelines,LP by its 1110— Liberty Mutual Insurance Company
General Partner,TransCanada Keystone Pipeline,_ (Surety)1
GP,LLC(Principal),; 1
by: Lois Inns Attorney-In-Fact
by:
by:
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the company except in them 1000458
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock Insurance company,pursuant to and by authority of the By-law and
Authorization hereinafter set forth,does hereby name,constitute and appoint...LOIS INNES AND LEAH CARTER....,ALL OF THE CITY OF
...CALGIARY..............PROVINCE OF...ALBERTA.......................................................................................................................
each individually If there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,and the execution of such
o, undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon and Company as if they had
been duly signed by the president and attested by the secretary of the company in their own proper persons.
c
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII—Execution of Contracts: Section 5. Surety Bonds and Undertakings. y
Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the W
c chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,
execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such
attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their �*
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall
be as binding as ff signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: g
oS
A �
Pursuant to Article XIII,Section 5 of the By-laws,Paul McIntyre,Assistant Secretary of Liberty Mutual Insurance Company,is hereby
authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge
rrr� and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto In Toronto,Ontario this 17TH day of JANUARY, 2011 .
LIBERTY MUTUAL INSURANCE COMPANY
0 BY!C�
c� a.
Paul istant Secretary a
PROVINCE OF ONTARIO a
CITY OF TORONTO L
On this 17TH day of JANUARY before me,a Notary Public,personally aul McIntyre,to me known,and acknowledged that he is
a Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal n;and that he executed the above Power of
Attorney and affixed the corporate seal of Liberty Mutual Insurance Company th nd the directio oration.
IN TESTIMONY WHEREOF,I have hereto subscribed my name and affixed 1 seal at To o,o ear first above S
B written. NOTARY
... E
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PUBLIC
R rt Clint
• N ry Public
CERTIFICATE ����''' °°• ``,,�,��
I,the undersigned,Assistant Secretary of Liberty Mutual Insurance Company in Canada,do he original power of attorney of which the foregoing is a full,
true and correct copy,is in full force and effect on the date of this certificate;and I do further certify r or official who executed the said power of attorney is a
Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII,Section 5 of By-laws of Liberty Mutual
Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board
of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any
power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though
manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this day C'C ki. '� Z"U'
'"° Michael Weiss, ssistant ecr