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HomeMy WebLinkAboutRES 18-135RESOLUTION NO. 18-135 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 Enterprise TE Products Pipeline Company, LLC, substantially in the form attached hereto as Exhibit 'A," to install a thirty-six inch (36") carbon steel pipeline which will cross three (3) water lines and one (1) sewer line near FM 3514 for the purpose of transporting hydrocarbon liquids. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of June, 2018. .Q4%%%�� f .- Mayor Becky CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business NameFnterprise TE Products Pipeline Company LLCBusiness Phone: 7B-381-6500 M Business Address: P.O. Box 4324, Houston, Texas 77210-4324 _ _ _ _ _ _ _ _ _ _ The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500 00forthe36-inchhydrocarbonliguidspipelinecrossingFM3514 grants to Enterprise TE Products Pipeline Company LLC Yierein after called "Licensee", the license to lay, maintain, operate, replace, or r emove a pipeline forthe transportation ofoil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, andbeing more particularly described inExhibit "A" attached hereto and made apart hereof for all purposes. Street Name or R-O.W. Description Length (Linear Feet) FM 3514 - south side in TxDOT ROW - water line (no ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee $500.00 o Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subj ect to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street .rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances ofthe City. o 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. o Thepipeline shall be constructed in such amanner as approved by the City so as it does not interfere with the use of the Cityproperty. K o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a 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 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 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: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodilyinjuries: $ 300,000.00per person $1,000,000.00 per incident o 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. 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 aperi od 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 CONSTRUCTIONAIAINTENANCE 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 ofPublic 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. rel 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/INSPECTION: 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 completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable The rights granted to Licensee may not be assigned, in whole or in part, without the express written consent of the City, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Licensee may assign this License, in whole or in part, without the consent of the City, to any (i) entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, Licensee, (ii) entity to whom Licensee has assigned all or substantially all of its assets, or (iii) to any bank, financing institution or other lender, or group thereof, pursuant to the terms of any financing or security agreement or deeds of trust. Should an assignment be accomplished as stated herein, Licensee shall notify City of such assignment as soon as practicable. This license is personal to the Licensee. Any attempt to assign this license in violation of the terms of this provision 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. In the event the City believes that any condition has not been met, the City agrees to provide Licensee with written notice of such failure to meet the condition. If Licensee fails to cure such deficient condition in a reasonable amount of time, the City may terminate this License. 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 ofBeaumont Name of Licensee: Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address ofLicensee: P.O. Box 4324, AT'IN: Marc D. Tausend Attn: CityManager City and State ofLicensee: Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS VVHEREOF, 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 ATTEST: City Clerk ATTEST: Un Secretary CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANYNAME: (Licensee) Enterprise TE Products Pipeline Company LLC Representedby: oy' n � Marc D. Tausend, Agent & Attorney -in -Fact Title \pipelines\\pipeline license agree 9 Revised 12-14-2007 !M JEFFERSON COUNTY, TEXAS / 333' 77' 367' a J20: IXISTING AIR UOUIDE PIPELIN l , y LAT: N2T 59' 27.08' 37.98' LONG: W94' 03' LAT- N2T 59' 34.18' LONG: W9403 24.54'dQ, PROPOSED LAT:. 9' 59' 31.3 / LONG: W94' 03' 22.6 .6 4/ 36' PIPELINE (SEE DWG. 50428-HDD-OW2 / FOR PLAN & PRO" LAT: N29' 59' 3816' a / LONG: W94' 03' 27.22' w 3g 4 l l l CN w PLAN Sy z 5 40g < .......... .: ............� ........ ....... gv .... 40 20 . ..ME. .. . . . . . . . . . . . . . . . ... . . . . . . . . . `.�... GRADE . 20 D...............� 9...............25' .......: .... 23' ............ O -20 . . . . . . . . .. . . . . . . . . . .. PROPOSED 36' PIPELINE . . . . . . . . . . . . . . . . -20 (SEF DWG. 50428 -HDD -0002 • FOR PLAN & PROME) -4D ................4+00.................5+00...................0 PROFILE NOTES: I. CONTRACTOR WRL PERFORM A HOR¢ONTAL DF&MONAL DRILL IN THIS AREA. 2 PIPE SPECS - 36' OD. X OMO W.T. API -5L PSL2, X60 16 DOLS FRE & 30 MILS ARO. 3. TYPE OF PRODUCT: HYDRDCAMN LOIIIDS 4. DEPTH MEETS CITY OF BEAUMONrS 5' WNHW OF ISSUED FOR PER 05/10/2018 CLEARANCE X000554411 0D AF.E.-A31113 NOR ICCDUW H=1131STS ME! Wink Engineering, LLC El e10 Tmm mm. wm Mux u 7m nitq eee j PROJECT NO. 00054115000 ruFxu�R aco Fin1nME - - DRON E DAT BDL 01130118 RLV N0. - DESCRFFION r �4: ENTERPRISE PRODUCTS BEAUMONT CROSSING UTILITIES WATERLINE CROSSING COUNTY. TEXAS PREN0115 0% N0' — SHc -Dr2�m 29YAPP c• of reJEFFERSON . Z DM NO. 50428-PERNOT-05-8 2 SHf. 2 OF 3 FDR �r u � FERWf JEFFERSON COUNTY, TEXAS HORQOWAL DIMECTOM DRILL — CARRIER PPE DATA. CFR 49, Part 195, Liquid Pipeline Subpart C(a) P -(2S t/D)aFkE 1. Dowd# Diameter in. (0) 76.00' 2. Wall Thiotmm T. (t) O'SDO' 3. Werbl 4=ww m API 5L, PSL 2 DRAWN 4, Mabnum Yield S4ag0i (S) 60,000 pd & Desga Fodor (F) INE 80L 02 18 See 1186.106(0) 050 S. Seam Joint Fedor (E) See ¢ 19&108(e) (DSAW or HSAIQ 1.OD 7. 11m Operating BEAUMONT CROSSING UTILITIES ;T & Design Prtumob (P) 873.0 pSSg Osla ffiam (2x60,00W-5500/36.D0)xOS0xI-D0 833. psis 9 30 m8s l� Deer 14-16 ads FBE 10. Hydrotnst Preswnc 1125 prig min. 11. HDO 12 Product hmuparte& n Liquids ,ISSUED FOR PERMIT 05/10/2018 PFU L sums, OR ACCOM eanaEa w 1 A 1113 iLT 2DI Wink Engineering, LLC 9 ee m .E— DRAWN era >ewtwl soar u rlml 00054115000 INE 80L 02 18 --- Prw eso-oar REV. NO. — I)MCRIPtroH BY DATE AFP ENTERPRISE PRODUCTS PREVIOUS DWS. NO. BEAUMONT CROSSING UTILITIES ;T WATERUNE CROSSING — OF — Vi JEFFERSON COUNTY, TEXAS pWG 50428—pEtt1a—M—C 2 FOR os o m mxm pq� y p SHL 3 OF 3 Job No. 12910-01 HOUSTON, TX OFFICE 10101 Southwest Freeway Suite 620 Houston, TX 77074 Phone:713-219-1470 TX Survey Firm Registration: 10142100 TX Engineering Firm Registration: F-6039 April 9, 2018 City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 1 . eW-7W-7.AWAW-- Aff AW 'W® ®®"AW ® AU AWA—WAW AW ® AM ®AWMWW'® aW ® WrdS P. Hebei, &C client focused solutions http.-Ilwww.mphinc.com RE: Enterprise TE Products Pipeline Company LLC Proposed 36-Inch Pipeline Connection to Colonial Hebert Station Application for Pipeline License Agreement Dear Ms. Hardy: OFFICE LOCATIONS Houma, LA - Corporate Office San Antonio, TX Midland, TX Enterprise TE Products Pipeline Company LLC (Enterprise) is respectfully requesting authorization to install one 36-inch carbon steel pipeline buried within 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 hydrocarbon liquids. The project will cross city utilities located FM 3514. A minimum clearance of 5 feet will be maintained between the existing utility and the proposed pipeline. The pipeline will be owned by Enterprise and operated by Colonial Pipeline Company. Enclosed for your review is the Pipeline License Agreement application package. Associated permit drawings and the required Certificate of Insurance are included with the application package. A check made payable to the City of Beaumont, in the amount of $500.00, for the required license agreement fees and�a performance bond in the amount of $1,000,000.00 are also provided. If any additional information is required, please do not hesitate to contact me at (713) 219-4406 or at mtaylor@mphinc.com. Please send any correspondence to me at the Houston, Texas address above. S'Aawceerely, MarieTaylor NU Environmental & Regulatory Services Enclosures: Application Package, Permit Drawing, Check #67305, Performance Bond, Insurance Land Surveying e Hydrographic Surveying o Engineering e Environmental Services o GIS CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Namenterprise TE Products Pipeline Company LLCBusiness Phone: 7B- 381-6500 Business Address: P.O. Box4324, Houston, Texas 77210-4324 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 forthe 36-inchhydrocarbonliquidspipeline crossingFM 3514 hereby grants to Enterprise TE Products Pipeline Company LLC herairiafter called 'Licensee", the license to lay, maintain, operate, replace, or r emove a pipeline forthe 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 inExhibit "A" attached hereto and made apart hereof for all purposes. Street Name or RO.W. Description Length (Linear Feet) FM 3514 - south side in TxDOT ROW - water line (no ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee $500.00 o Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City ofB eaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street .rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances ofthe City. o 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. o Thepipeline shall be constructed in such amanner as approved by the City so as it does not interfere with the use of the City property. E o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a 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 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 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. 0 REQUIRED COVERAGE: o 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: o Bodilyinjuries: $ 300,000.00per person $1,000,000.00 per incident 0 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. 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 aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. 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 ofPublic 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. 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/INSPECTION: 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 completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable The rights granted to Licensee may not be assigned, in whole or in part, without the express written consent of the City, which consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Licensee may assign this License, in whole or in part, without the consent of the City, to any (i) entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, Licensee, (ii) entity to whom Licensee has assigned all or substantially all of its assets, or (iii) to any bank, financing institution or other lender, or group thereof, pursuant to the terms of any financing or security agreement or deeds of trust. Should an assignment be accomplished as stated herein, Licensee shall notify City of such assignment as soon as practicable. This license is personal to the Licensee. Any attempt to assign this license in violation of the terms of this provision will terminate the license privileges granted to Licensee hereunder. TPrminatinn This agreement is subject to termination by the City if any condition specified herein is not met. In the event the City believes that any condition has not been met, the City agrees to provide Licensee with written notice of such failure to meet the condition. If Licensee fails to cure such deficient condition in a reasonable amount of time, the City may terminate this License. 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 maybe 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: CityofBeaumont Name of Licensee: Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 Address ofLicensee: P.O. Box 4324, ATTN: Marc D. Tausend Attn: CityManager City and State ofLicensee: Houston, Texas 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this 2 day of �n� A.D. 20 ATTEST: LE Secretary CITY OF BEAUMONT TEXAS By: L L U — - Kyle Hayes, City Manager APPLICANT'S COMPANYNAME: (Licensee) Enterprise TE Products Pipeline Company LLC Re resentedby:n ot� � Marc D. Tausend, Agent & Attorney -in -Fact Title \pipelines\\pipeline Heense_agree 9 Revised 12-14-2007 No Text JEFFER.SON COUNTY, TEXAS / /Irw/ 333' 77' 367' 20' a 20 EXISTING AIR LIQUIDE PIPLINN / y LAT. N29' 59''. 37.927.D88' LONG W94' D3' o —n —n —e —e a a —n / —• a a —e —e o a LAT: N29. 59' 34.18' LONG W94 D3' 24.54' — — / 6h/ LAT: N27 S9' 31.J2' LONG: Ws" 03' 2264'// PROPOSED 36' PIPELINE / / FOR PLAN (SEE DWr. & P2 ROFH4 LAT. N29r 59' 38.18' LONG: W94' 03' 27.22' / a cN PLAN 3 34 o 940 } . v.......... .............. 9 ..... v. o . . . . 40 20 . . .GRADE . •. .. . . •. . ` �GRADE . 20 0 . . . .. .. . . . . . .. 9............... 11.11,4 25.... ......... 2 ' ............ 0 -20 . ; . . PROPOSED 35' PIPELINE . . . . . . . . . . . . -PO (SEE DWG. 5D428-HDD-0002 • FOR PLAN & PROFILE) —40 ................4+F06 ..... ............5.1-F00 ................... 0 PROFILE NOTES: 1. CONTRAXOR WI.L PERFORM A HORP.ONFAL DH=ONAL DROL a THIS AREA 2 PIPE SPECS - 36' MD. X 0.50D W.T. API-5L PSL2, XW 16 M95 FBE & 30 MILS ARM 3. TYPE OF PRONXT. HYDROCARBON LIQUIDS 4. DEPTH MEETS CLLY'OF BFAUMOW'S 5' MINWW OF ISSUED FOR PERMIT 06/10/2018 CLEARANCE ODD541150DO A.F.E.-A31113COW. uwx NTS YR Wink Engineering, LLC 31D mom soar s Woes IA 7 l (11.) om-ari PROJECT N0. 00054115DGD FY8I11®L C700 FaEHWE - - mm SOL mm 01 18 RW. NO. — aY DATE APP. °,a'1�'r�- ENTERPRISE PRODUCTS BEAUMONT CROSSING UTILITIES WATERUNE CROSSING JEFFERSON COUNTY,.TEXAS PREVOJS On NO. — ofscumFOR Dn NO. 5D428-FWfR-OS-B 2 %ff. 2 OF 3 POW B0L es 101sAQ& SWED FOR PEW BDL 03 16 o MWED EN e0L m 1e JEFFER-SON COUNTY, TEXAS HORIZONTAL DIRWMNAL DRILL — CARRIER PIPE DATA. CFR 49, Part 195, Liquid Pipeline Subpart C(o) P-(2S t/D)xFxE 1. Outside Diameter 1n. (D) 36.0D' 2. Wo0 Thidaross Lr. (t) D50D' 3. bof!l SpedDcotians Apt 5L, PSL 2 4. 10nimum Held Stremp (S) 60,DO0 psi 5. Design Factor F) See ¢ 195.105 a) 0.50 S. Seam Jolnt Fodor (E) See § 19&106(e) (DSAW or HS" 1.00 7. 11mr. Opero6ng Pressum/ADP 750.0 psig & Design Prc m (P) 633.0 P51g Calmdallon: (ZcKDD0x0500/36M)a5Dx1.00 = &Z.0 prig 9. F�p� Coating: rArokst 30 mgs ARO over 14-16 mgs FSE 1D. Presswe: 1125 psig mh 11. Installation Method: HDO 12. Product Trwuported: Hydrambon Liquids ISSUED FOR PERMIT 05/16/2018 000�54115DDD SEQM "IA.F.E—A31ACDWW �113 N.TS 2MB• El Engineering, LLC PROJECT N0. Rutluuela rAW FREWIE DRON aae efotma® fps�wmr u>+m 00054115000 REV. Na - DESCRIPnDN s 617E — ENTERPRISE PRODUCTS PRLYpUS oWc ND. ;���s BEAUMONT CROSSING UTILITIES j WATERLINE CROSSING �• - OF - =0 FOR PS= sm f0 fe n JUMSON COUNTY, TEXAS 06'9. NO. t Law FOR PIAW 6aL w fe 5042B-PFRl4T-QT-C 2 D ew0 MR RE40N L@ a rRISR 2 S b 51IE 3 OF 3 '44 �® CERTIFICATE OF LIABILITY INSURANCE DATE030�0018 ) 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(ies) 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 Ileu of such endorsement(s). PRODUCER CONTACT Aon Risk Services Southwest, Inc. Houston TX Office P D (866) 283-7722 FAX 800-363-0105 (AfC. No. Ext): A/C, No, : 5555 San Felipe Suite 1500 E-MAIL ADDRESS: Houston TX 77056 USA INSURER(S) AFFORDING COVERAGE NAIC It INSURED INSURERA: Old Republic insurance Company 24147 Enterprise TE Products Pipeline Company LLC 1100 Louisiana Street, loth Floor INSURERS: Liberty Mutual Insurance Europe Ltd. AA1120855 INSURER C: Houston TX 77002 USA INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570070397655 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 FOR 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD MM/DD LISTS A X COMMERCIAL GENERAL LIABILITY MWZY EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR PREMISESTO R a occunenca $1,000,000 MED EXP (Any one person) Excluded Each Occurrence PERSONAL BADVINJURY $1,000,000 GEMLAGGREGATE LIMITAPPUES PER: PRO-X POLICY ❑ JECT LOC GENERALAGGREGATE $2,000, 000 PRODUCTS- COMP/OP AGG $2,000,000 OTHER: -S 8 A PolluOon- $1,000,000 A AUTOMOBILE LIABILITY MWTB 310356 Business Auto (AOS) 04 18/2017 04 18/2018 COMBINED SINGLE LIMIT Ea accident)$1,000,000 BODILY INJURY (Per person) X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS FIIREDAUTOS NON -OWNED ONLY AUTOS ONLY(Per BODILY INJURY (Per accident) , PROPERTY DAMAGE accident B UMBRELLA LIAB OCCUR B1353DE1703332000 04 18/201704 18 2018 EACH OCCURRENCE $5,000,000 X EXCESS LIAR EXCESS LIAB HCLAIMS-MADE SIR applies per policy ter S & COndl lOnSX AGGREGATE $5,000,000 DED I X RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/ PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Ifyee, describe under DESCRIPTION OF OPERATIONS below NIA MWC31040300 04 I8 01017 04 18 2 118 X .PER p STATUTE ELEACHACCIDENT - $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) **Excess Policy is excess of primary policies. RE: A31113 Colonial 36 Inch, Permit: City of Beaumont Application for Pipeline License Agreement. certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. ti 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 AUTHORQED REPRESENTATIVE Po Box 3827 Beaumont TX 77704 USA I e.91:7� ` � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PERFORMANCE BON® Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 106655655 KNOW ALL MEN BY THESE PRESENTS: That ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC, as Principal, hereinafter called Contractor, and, Travelers Casualty and Surety Company of America, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF BEAUMONT TX, as Obligee, hereafter called Owner, in the amount of ONE MILLION Dollars ($1,000,000.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a contract with Owner for PIPELINE LICENSE AGREEMENT FOR 36- INCH HYDROCARBON LIQUIDS PIPELINE CROSSING FM 3514, JEFFERSON COUNTY TX in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 2ND day of APRIL. 2018. WAfiess Carol E. Hock Witness a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. PIPELINE COMPANY. LLC Printed in cooperation with the American Institute of Architects (AIA). by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used In AIA Document A311, February 1970 edition. S-1870-E (09-99) IN ' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a Aft , POWER OF ATTORNEY TRAVELERS" Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 229670 Certificate No. 006585521. KNOW ALL MEN BY TBESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert M. Overbey Jr., Carol E. Hock, Suzonne D. Lawrence, and Lauren O. Moudy of the City of Houston , State of Texas , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of. guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted -in any -actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instmment;tdbe signecl.andTtheir corporate seals to be hereto affixed, this day of October 2015 ` 26th Farmington Casualty Company ' St. Paul Mercury Insurance Company Fidelity and GuarantylInsuranc&Company �, _`• Travelers Casualty and Surety Company Fidelity and Guaranty Insucance-Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 02 p,,Bllq�r� �A ' V F1RF y b �0:��"'�S.G9 JQ'+.INSUgq� 4Lb4�1Y 9�*L8 2IS,Hei, D a0 ��.'��.�%�%V ��19JDRg1tED r'4' y�`RAYN,G�E, G�O z mar`ltRVl'SOjSRE•NP.O.AA,fl/NqL'�J7•io$'"1 W4'R.—e•.°^-A�•-.•r1f`aa',pD I"o � . S Yt8"9•6_gyp � State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 26th day of October 2015 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.Tlr In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. )nw�A 0, - tz)�. Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Travelergi EWPORTA,Nrr NOTICE TO OBTAIN 99-9R46 ION OR MARE A COMPLAM: You may contact Travelers Casualty & Surety Company of America, Travelers Casually & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3130 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O, Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH TMS NOTICE TO YOUR BOND This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53 202, Property Code, effective September 1, 2001.