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Ordinance No. 15,603 ORDINANCE NO. 159603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO AIR LIQUIDE LARGE INDUSTRIES U.S. LP, TO INSTALL ONE (1) NEW 14-INCH NITROGEN PIPELINE, APPROXIMATELY 4.15 MILES IN LENGTH; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Air Liquide Large Industries U.S. LP, has submitted a pipeline application to install a new 14-inch nitrogen pipeline in the City limits and/or its extraterritorial jurisdiction (hereinafter referred to as the "Pipeline"); and WHEREAS, the Director of Engineering, based upon the assessment of the Director of Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and the Emergency Management and Preparedness Coordinator as to compliance with Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his examination of the application and plans for the Pipeline, has issued a report to the City Council recommending granting a permit for the Pipeline; and WHEREAS,the City Council has received such report and has determined that,based upon the representations of Air Liquide Large Industries U.S. LP, the application meets all applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, as well as all federal and state regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby grants the Pipeline Permit, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, to Air Liquide Large Industries U.S. LP, for the Pipeline described therein and authorizes and directs the Director of Engineering to execute such permit in the location illustrated in the site map,which is attached hereto as Exhibit "B" and incorporated herein for all intents and purposes. Section 2: That subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby authorizes and directs the City Manager and the City Clerk to execute and attest to an indemnity agreement with Air Liquide Large Industries U.S. LP, corresponding to the Pipeline. Section 3: That the City Council of the City of Baytown hereby establishes ONE MILLION AND NO/100 DOLLARS ($1,0005000.00) as the amount of the bond or other form of security satisfactory to the City, which shall be tendered prior to any construction, repair, adjustment, relocation or replacement of the pipeline pursuant to Section 34-233 of the Code of Ordinances, Baytown, Texas. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26th day of October, 2023. MIKE LESTER, Mayor Pro Tern ATTEST: �� 0006CG3POGO 6 a ,6�&GELA JACKSON (,'ify Clerk CO t APPROVED AS T FORM: SCOTT LE ND, City Attorney RAKaren Anderson\ORDINANCES\2023\2023.10.26\PiplinePermit-AirLiquide.docx 2 EXHIBIT "A" Permit No. PIPEIIIL14IE APPLICATION Company Name Principal Contact for Submittal Information: Air Liquide Large Industries U.S. LP Steve Roane Addrts:c�811 6�aiy Freeway, Sure 100 Title of Principal Contact: Agent; Air Liquide I City- Houston; 77024 State: Principal Contact's Phono Number: Principal Contact's Facsimile Number. Tx (409) 651 - 0290 TNA Corn any's Phcne Number. Company's Facsimile Number: Twenty-Four Hour Emergency Ccntact:Robbie Hoff b'32-731-2177 Robpble Hoff, 832-731-Z I It Person Submitting Applieatiomm Title of Twenty-Four Hour Emergency Contact: Project Manager Title of Person Submitting Application: Emergency Contact's Phone Number. Emergency Contact's Facsimile Number: i Appli=t's Phone Number Appli is Facsimilc Number: 832-731-2177 NA Origin Point: Devination Point: N side I 10, W UPRR S of Kilgore Pkwy, '/ mile W Needlepoint Road. Maximum ALov,-Wc Operating Prrssere: 740 Normal Operating Pressurc: -100-600 Maximum Al!owable Temperature(if applicable): Design Strcttgth for Un-Lgulatcd Pipelines: NA 52000 Attach a description of the substance(s)to be transported and include any applicable Material Safety Data Sheets. Attach engineering plans,drawings and/or maps with summarized specifications showing the horizontal pipeline location,pipeline covering depths,and location of shutoff valves. (To the extent that information can be reasonably obtained,drawings must show the location of other pipelines and utilities which will be crossed or paralleled within five feet(5')). Attach a description of the consideration given to APi, ANSI an all other applicable public safety standards and the avoidance of existing inhabited structures and congregated areas. Attach a summary description of the time, location,manner,means and methods of the proposed construction,including,but not limited to, the folrowing: (i) detailed cross section/profile drawings for all public way crossings if requested by the director or emergency management and preparedness coordinator, (if)(u) aiplaa scurabelT showing using theattached icourse a urse d alignment of the proposed pipeline and all public ways in which the proposed pipeline g P:and (iii) the design criteria as it applies to existing infrastructure,under which the pipeline will be constructed. ° Identify each pipeline as regulated under interstate or intrastate safety rules/regulations. (Where a pipeline is unregulated as to either or both intrastate or interstate safety rules/regulations, please specify and identify(a)the exculpatory rules or regulations goveming the pipeline and (b)the operating conditions of the pipeline,which give rise to such unregulated status). 1,as the applicant herein,acting in my capacity for the above-referenced company,hereby avow that the-pipe�,l,,i.n a-f which this application is made will comply with the applicable standards required by Article V of Chapter 34 of the CodwoMrdinanc 'of r City df Baytown,Texas as well as all applicable federal,state and local laws and regulations. Applicant's Signattire The Director of Engineering and Inspections has the right to require the submission of additional information. R:/Pipcliaes Air Liquide Large Industries U.S. LP 14" Nitrogen Gas Pipeline Application Supporting Documentation Company/Owner Legal Name, Address, Phone Number: Air Liquide Large Industries U.S. LP 9811 Katy Freeway, Suite 100 Houston, TX 77024 Company state of incorporation: DE Company Tax ID number: 90-0186946 Company Dun and Bradstreet Number: NA Company/Owner Principal Contact Name, Phone Number and email address: Robbie Hoff Senior Project Manager Air Liquide Large Industries U.S. LP 832-731-2177 robbie.hoff@airliquide.com Company 24-hour Emergency Phone Number: 713-438-6300 OCC Principal Contact for Submittal Name, Title, Phone Number and email address: Steve Roane Agent, Air Liquide Large Industries U.S. LP (409) 651 — 0290 steve@smithcorp.org Pipeline Name: Air Liquide Cedar Bayou Loop Pipeline Origin: Existing Air Liquide pipeline on the south side of Kilgore Parkway about 3/ mile west of Needlepoint Road. Pipeline Destination: Existing Air Liquide pipeline on the north side of IH-1 0 near the banks of Cedar Bayou. Pipeline Contents: Nitrogen Gas Air Liquide Large Industries U.S.LP,City of Baytown permit supporting documentation Page 1 of 3 Pipeline Maximum Allowable Operating Pressure: 740 psig Pipeline Normal Operating Pressure: 400-600 psig Pipeline Pipe Specs: 14-inch diameter, steel, API 5L X-52 PSL2 A description of the material being transported and applicable Material Safety Data Sheets: The material to be transported is Nitrogen Gas. The associated MSDS has been submitted separately via the City of Baytown's electronic permitting portal. Engineering plans: Engineering plans submitted separately via the City of Baytown's electronic permitting portal. Attach a description of the consideration given to API, ANSI and all other applicable safety standards and the avoidance of existing inhabited structures and congregated areas: The pipeline will be installed within an existing pipeline corridor. This minimizes the proximity to, and possible effect on, inhabited structures and congregated areas. The mainline pipe has been designed per the standards spelled in 49CFR 192.111 Class 2, Transportation of Natural and Other Gas by Pipeline. The pipe will be steel, 14" in diameter, material strength of 52,000 psi with two wall thicknesses: 1) wall thickness of 0.250"for areas constructed without using horizontal directional drilling; and 2) wall thickness of 0.375" for areas installed using horizontal directional drilling (all roadway and railroad crossings). A valve will be installed at the eastern end or origin of this pipeline (the tie in point to the existing Air Liquide nitrogen pipeline at the east end). Another valve will be installed on the north side of IH-1 0. The pipeline will have cathodic protection and pipeline integrity tests will be periodically performed. Attach a summary description of the time, location, manner, means and methods of construction: Pipeline construction will take approximately 4 to 6 months. As shown in the attached drawings, various construction techniques will be used, including but not limited to: open trench, straight boring and horizontal directional drilling. The specific method to be used is indicated by the drawing for each crossing. Air Liquide Large Industries U.S.LP,City of Baytown permit supporting documentation Page 2 of 3 For most areas where a roadway or water body is not being crossed, the pipeline will be installed by open trenching. A trench will be dug, the piping placed in the trench and the excavated soil replaced in the trench to restore the area to its original grade. The area will be reseeded as well. For some roadways and water bodies, straight boring may be used. In those cases, a pit is excavated on each side of the crossing. Piping is pushed or angered underground from one pit to the other. The bored piping is then connected to the adjacent piping. In such cases, the pit areas will be brought back to pre-project conditions and re-sodded or reseeded. Identify each pipeline as regulated under interstate or intrastate safety rules/regulations: This is an intrastate pipeline. Air Liquide Large Industries U.S.LP,City of Baytown permit supporting documentation Page 3 of 3 Permit Number: INDEMNITY AGREEMENT STATE OF TEXAS § COUNTY OF HARRIS § For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34 "Environment,"Article V"Hazardous Substances,Liquids and Gas Pipelines"of the Code of Ordinances of the City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received, aj,(, C. P authorized to do business in the State of Texas,herei fter"Pennittee,"hereby agrees as follows: ttR�S PERMITTEE AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND,THE CITY,ITS OFFICERS,AGENTS AND EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN, WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF THE PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND DEFEND THE CITY FROM THE CONSEQUENCES OF(I)THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE INJURY, DEATH OR DAMAGE; AND/OR (II) PERMITTEE'S JOINT AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. Indemnity Agreement,Page I Permit Number: Failure of either party hereto to insist on the strict performance of any of the above-referenced ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas, regardless of the place of its execution or performance. The place of malting and the place of performance for all purposes shall be Baytown,Harris County,Texas. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. Indemnity Agreement.Page 2 Permit Number: SIGNED this day of 0610� , 200 PERMITTEE IA:C LGi LJ i j - Jm--L)S4 e S BLS LI Compan Name re of Autho zed er Printed Name S r.-IxCer s(- 4,71 Titic CITY OF BAYTOWN JASON E. REYNOLDS, City Manager ATTEST: ANGELA JACKSON, City Clerk APPROVED AS TO FORM: SCOTT LEMOND, City Clerk Indemnity Agreement, Page 3 Permit Number: STATE OF TEXAS § COUNTY OF doC 1 _§ Before me, the undersigned notary public, on this da personally aPP�� �t�01 /her capacity as kC on behalf of such'ct�'� 4 n,{a _ .n ,1�;eS (e S _ l;m jr d ncdnc.,'< s;I I known to me; proved to me on the oath of ;or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed that instrtument for the purposes and consideration therein expressed. Given under my hand and seal of office this_q �day of ( 4a3_ KASY E. BALDAUF Not Public in or the State of Texas ��;�• �:Notary Public,State of Texas �' ��•. Comm. Expires 01.27-2024 Notary ID 128863210 R`ScottlContmcu\Permitteelndemnity.Agreemcntl.doex tads ti itv ARreetnent.Page 4 VVLLvlalI L-11vowlJQ IV. 101 r-`II.u#-KJ 11"t IUJalWI_UU IVr"t Lib Interchange Corporate Center 450 Plymouth Road,Suite 400 Mutual. Plymouth Meeting,PA.19462-1644 Ph.(610)832-8240 LICENSE & PERMIT BOND Bond Number: 019089011 KNOW ALL MEN BY THESE PRESENTS, that we AIR LIQUIDE LARGE INDUSTRIES U.S. LP of 9811 Katy Freeway,Suite 100, Houston, TX 77024 .,as principal (the Principal"), and Liber j Mutual Insurance Company, a Massachusetts stock insurance company, as surety(the"Surety"), are held and firmly bound unto CITY OF BAYTON, TEXAS, as obligee{the"Obligee"}, in the penal sum of OneMillion and No/100 ---rw-----ww..ww......w...---w.-�-------�-----r-�-r-----w-1----w-N-r��---rrrrrr-.-rr-rr�.-rrr-r-rrrrrrrrr�w-rw-- -----------------------------------------r------ww------------------------------------w Dollars ($110003000.00 } l for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has aora lied for a license or permit for P' i e Permit- Construction new 14-inch diameter nitro en i line between Ba town acid M nt Ipel ng pip Y o Belvieu, Chambers County,Texas for the term beginning the 15th day of August 2023 , and ending the 14th day of August 2024 , and this Bond is intended to cover the term of said License or Permit. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the license or permit is issued to the Principal, and if Principal shall indemnify and save harmless the Obligee from and against all loss, to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above described license or permit, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force. 2. This bond shall continue in force until(surety shall elect either option a or b) 0 a. the 14th day of August 2024 or until the expiration date of any Continuation Certificate executed by the Surety. b. the Surety notifies the Obligee in writing of its cancellation of the bond. The Surety shall be relieved of any further liability under this bond thirty (30) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 3. Any claim under this bond must be presented in writing to the Surety to the attention of The Surety Law Department at the following address: Interchange Corporate Center, 450 Plymouth Road, Suite 400 Plymouth Meeting, PA. 19452-1644. Should the address of the Surety change, then notice shall be delivered by the Obligee to the Surety as directed in writing by the Surety. DATED as of this 29th day of August , 2023 AIR LIQUIDE LARGE INDUSTRIES Q.J.S. LP WITNESS DocuSigned by: Princi aocuftned by: bS taWOL �G�V d--f tSUi.tV'�� ( BSeal Y ( ) Mr e,"Witness Title:Ti�m3`r R&WNW E isner,Treasurer and VP LIBERTY MUTUAL INSURANCE COMPANY INSt� 9 �`� 4 °��,yc4 (Sur Docusigned by: 4Rp J tt , a� r ; 1912 y y Es158"1851© tbrr�a -in-Fact Yam �cx11� .dad Melissa J. Hinde,Attorney-in-Fact Y Seal No.6066 LMIC-6600 Rev.3/04 DocuSign Envelope ID:994965E5-197A-4667-A51 F-41633CE6616A i Ills VOW or AROtney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. �° Liber, i MutualInsurancem l betty utua Company 6The Ohio Casualty Insurance Company Certificate No 8209978-019008 mutume West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a ctmporatic-i duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West Amencan insurance Company is a corporation duly organized under the laws of the State of Indiana,herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name.constitute and appoint, C.'hnsmic 4I Hru,-;ovsl,�,;[Xivid A.Johnson',David C.Rosetiber Iknnis trl.Bntno;l:Iizabeth H Pendleton:I:li7ahctlj P.Cer%ini,Ham C.Rosenberg,James NI.1)iSclullo,JOlin 1. Rt)sc•nberb:Jonalhan F.till&,Julia R.Burnet.Nlattliew J Rosenbcrg:Nfelissa J.I-Imde:Stephanie S.UIClntig ah of the city of Wayne state of PIX each individually if there be more than one named, is true and lawful attorney-in-fact to make, execute.seal,acknowledge and de',ver,for and on its behalf as surety and as its act and deed,any and all undertakings.bonds,recognizances and other surety obligations in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of ft--e Comparaes and the corporate seals of the Compan es have been a►fted thereto this 19th day of April 2042 Liberty Mutua:Insurance Company 4 1�iSUR �11 INS& INSU,b The Ohio Casua=ty Insurance Company �J4 o o'�•ar��c, �oapO�r�`�y �C�P oApo'�4r�4-- West American Insurance Company C jT �' o M 4 OA t� r1 1912 0 1919 1991 0 �`.r �� 1 ��,ass g�h s so¢``�. ��`4a�� -'' '• '- a o By ci David M.Carey Assistant Secretary Cr State of PENNSYL.ANIA ss ) County of MONTGOMERY p E 0 :3On this 19th day of Alin 202 3 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance W a) YZ Company,The Ohio Casualty Company,and West American Insurance Company and that he as such,being authorized so to do,execute the forego ng instrument for the purpoas — CDtheres.n contained by signing on behalf of the corporations by himself as a duly authorized officer. > c.D IN WITNESS WHEREOF,t have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written 0 cp co (D P A a.O O L at11)N lc- <{ Cornrnorra•+:.0h A P.-r,nsylvanka-Notary Seal t� pt$ „ y Teresa Pastelra,N-Lary Public N'� } r Mtontgorrs_�r)CcAinly C � My oommiss►on eipires hlarct►28 2025 By: 0 N jle Ccinnssio�n umber 1126044 ��.. ���t+q� ,U Mernber PeonsyNania Assxtatwn or Notaries eresa Pastel a,Notary Public <L 0 a� his Power o`Attorney is made and executed pier uant to and by authority of the following By-laws and Authorizations of The Oho Casua? Insurance CompanyLibert Mutual °)oNa g Y �` y o N 0insurance CC) Company,and West American Insurance Company which resolutions are now in full force and effect read ng as follows � ARTICLE IV-OFFICERS:Section 12.Power of Attorney °O 6 k&_ L_ Any officer or other official of the Corporation authorized for that purpose In venting by the Chairman or the President,and subject to such lim Cation as the Chairman or the-6 U President may prescribe,shad appn;nt such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,re--ogn!zances and other surety obligations.Such attorneys-in-fact,subject to the'Iimitatio�s set forth in their respective powers of attorney shall -0 have full power to bind the Corporation by the=r signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed,such a 0 U 'nstruments shal'be as binding as if signed by the Pres dent and attested to by the Secretary.Any power or authority granted to any representative or attorney-In-fact under the M provisions of this article may be revoked at any ism* by the Board,the Chairman,the P eshdent or by the officer or officers granting such power or authority. 0 a. ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in w,'ting by the cha rma-1 or the president,and su'ect to such limitations as the chairman or the president may prescribe shall appoint such attorneys-In-fact as may be ntecessary to act in behalf of the Company to make,execute,seal.acknowledge and deliver as surety any a-d at undertakings, bonds,recognizances and other surety obligations.Such attomeys-in•fact subject to the Jmitations 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 atta;.h thereto the seal of the Company.When so executed such instruments shall be as binding as 4 signed by the president and attested by the secretary. Certificate of designation-The President of the Company af-ting pursuant to the Bylaws of the Company.authorizes David M Carey,Asslstart',Secretary to appoint such attorneys-in- fact as may be necessary to act on beha°f of the Company to make,execute,seal,acknowledge and deliver as suety any and all u-+�dertakings,bonds,recognizances and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechan cally reproduced signature of any assistant secretary of the Company,wherever appearng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shah be valid and binding upon the Company with the same force and effect as though manual'y affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary The Oh Casualty Insurance Company.Liberty Mutua'Insurance Company,and Vilest American insurance Company do hereby certify that the original power of atto-ney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 29th day of August 2023 1NSUR 101 1AIS4., INSUR aftPONAgZ� `�P GQAPOR,�r r � � o +cr Q � o �• � o tr y � 1912y � 0 1919 0 2 1991 a rd��s4cffv5� s0 s�6�4atPg'� �� 'tio�ANt' a ��• � d Renee C.LleweNyn,Assistant Secretary LMS 12873 LMIC OCIC WAIL Multi Co 02/2 t Lluk.U"I U1I L.I IV'alupt:IU,yU4ZfQJr-U-I O t H-4DD t-AD I t-'+I0J,5U C00 I OK LIBERTY MUTUAL INSURANCE COMPANY .-, Liberty _ utum. Financial Statement—December 31, 2022 SURETY Assets Liabilities Cash and Bank Deposits....... .............................. $3,908,755,039 Unearned Premiums.......... ..... . ......—,$10,133,358,204 *Bonds—U.S Government................................... 3,451,999,931 Reserve for Claims and Claims Expense.................. 27,953,643,316 *Other Bonds........................................................ 18,862,255,155 Funds Held Under Reinsurance Treaties................. 368,610,620 *Stocks.................................................................. 19,372,953,698 Reserve for Dividends to Policyholders............... . 1,379,296 Real Estate......................... ................................. 190,092,373 Additional Statutory Reserve.......... ........, ....... .. 197,278,000 Reserve for Commissions,Taxes and Agents'Balances or Uncollected Premiums........ 7,929,876,358 Other Liabilities..... ........................................... 9,206,000,954 Accrued Interest and Rents................................. 166,740,412 Total............................ ........S47,860,270,390 ......................... Other Admitted Assets..... ...... .......................... 15,968,062,977 Special Surplus Funds. ..... .... .... $195,696,103 Total Admitted Assets................................ Sfi9.850.735.943 Capital Stock....... ........................ 10,000,075 Paid in Surplus............................13,324,803,036 Unassigned Surplus..................... 8,459,966,339 Surplus to Policyholders...................................... 21,990,465,553 Total Liabilities and Surplus................................. 69.850.735.943, �pV iNSUggh F 0 ''�` * Bonds are stated at amortized or investment value;Stocks at Association Market Values. } 'gIZ 3 The foregoing financial information is taken from Liberty Mutual Insurance Company's financial e��"Ss�ctn��Hr statement filed with the state of Massachusetts Department of Insurance. I, TIM MIKOLAIEWSKI,Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31, 2022,to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March 2023. Assistant Secretary DATE(MM/DD/YYYY) ACORN® CERTIFICATE OF LIABILITY INSURANCE �- 01/17/2023 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. L 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). d PRODUCER CONTACT 'C NAME: Aon Risk services Central, Inc. PHONE FAX Phi 1 adel phi a PA Office (A/C.No.Ext): (866) 283-7122 (A/c.No,): (800) 363-0105 'a 100 North 18th Street E-MAIL = 15th Floor ADDRESS: Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Starr Indemnity & Liability company 38318 American Air Liquide Inc. INSURER B: Starr Specialty Insurance company 16109 Airgas, Inc. 259 N. Radnor Chester Road INSURERC: Radnor PA 19087-5240 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MWDD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LI�AB�ILITY 1000090660231 07/01/2023 07/01/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED $2 000 000 �1 PREMISES(Ea occurrence) > > MED EXP(Any one person) $1,000 PERSONAL&ADV INJURY $2,000,000 U.) GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $6,000,000 � D PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $6,000,000OTHER: p ti A AUTOMOBILE LIABILITY 100063 5 788231 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT LO AOS (Ea accident) $2,000,000 A X ANY AUTO 100063 5 789231 07/01/2023 07/01/2024 BODILY INJURY(Per person) O OWNED SCHEDULED MA BODILY INJURY(Per accident) Z AUTOSAUTOS d HIREDAUOTOSY NON-OWNED PROPERTY DAMAGE M ONLY AUTOS ONLY (Per accident) w ri I I 1 tE d UMBRELLA LIAB OCCUR EACH OCCURRENCE U EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION B WORKERS COMPENSATION AND 1000004702 07/01/2023 07/01/2024 X PER STATUTE OTH- EMPLOYERS'LIABILITY ER B ANY PROPRIETOR/PARTNER I Y NN N/A L, 0004 704 07/O1/202 3 07/O1/2024 MA E.L.EACH ACCIDENT $1,,000,000 EXECUTIVE OFFICER/MEMBER (Mandatory in NH) Wi E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of insurance zz_ 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. mi American Air Liquide Inc. AUTHORIZED REPRESENTATIVE Ai rgas Midwest Region '. 1250 W. Washington St. west Chicago IL 60185 USA a ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000093705 LOC#: ACORN® ADDITIONAL REMARKS SCHEDULE Page of _ AGENCY NAMEDINSURED Aon Risk Services Central, Inc. American Air Liquide Inc. POLICY NUMBER see Certificate Numbe CARRIER NAIC CODE See Certificate Numbe EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance WC Continued / Named Insured List workers Compensation: Pol i Cy NO: 100 0004 701 (AIDS) Policy Period: 7/01/2023 - 7/01/2024 Insurer: Starr Specialty insurance Company Limits: Same as the workers Compensation and Employers Liability limits shown on the first page of the Certificate Policy NO: 1000004703 (AK, AZ, CT, IA, NC, NJ, NY, VT) Policy Period: 7/01/2023 - 7/01/2024 Insurer: Starr Specialty Insurance Company Limits: Same as the workers Compensation and Employers Liability limits shown on the first page of the Certificate Policy No: 1000004712 (USL&H) Policy Period: 7/01/2023 - 7/01/2024 Insurer: Starr Indemnity & Liability Company Limits: same as the workers Compensation and Employers Liability limits shown on the first page of the Certificate ------------------------------------------------------------------------------------------------- NAMED INSUREDS ON THE ABOVE-REFERENCED POLICIES INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING COMPANIES: American Air Liquide Inc. Air Liquide Helium America, Inc. Air Liquide Advanced Technologies U.S. LLC Air Liquide America L.P. Air Liquide USA LLC Air Liquide Large Industries U.S. LP Air Liquide Electronics U.S. LP Air Liquide Global E&C Solutions US Inc. Air Liquide Technical Services LLC Air Liquide Global E&C Solutions Mexico LLC Air Liquide Advanced Materials Inc. Air Liquide Advanced Materials LLC Airgas, Inc. Airgas Carbonic, Inc. Airgas Doral, Inc. Airgas Merchant Gases, LLC Airgas Priority Nitrogen, LLC Airgas Safety, Inc. Airgas Specialty Products, Inc. Airgas USA, LLC Nitrous oxide Corporation Red-D-Arc Inc. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ® DATE(MM/DD/YYYY) '4�'za 08/16/2023 CERTIFICATE OF LIABILITY INSURANCE 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 •c.°—.' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). m PRODUCER CONTACT Aon Risk services Central, Inc. NAME: Phi 1 adel phi a PA Office (A/C.N.Ext): (866) 283-7122 NE FAX No.: (800) 363-0105 'a 100 North 18th Street E-MAIL = 15th Floor ADDRESS: Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Starr Indemnity & Liability Company 38318 American Air Li qui de Inc. INSURER B: Airgas, Inc. 259 N. Radnor Chester Road INSURERC: Radnor PA 19087-5240 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570101167039 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY M/DD LIMITS A X COMMERCIAL GENERAL LIABILITY 1000090660231 07/01/2023 07/01/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED $1,000,000 �t PREMISES Ea occurrence MED EXP(Any one person) $1,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 0 X POLICY PRO I�LOC PRODUCTS-COMP/OP AGG $1,000,000 JECTr- 0 OTHER: o r` AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT to ANY AUTO BODILY INJURY(Per person) O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS N HIRED AUTOS NON-OWNED PROPERTY DAMAGE ca ONLY AUTOS ONLY Per accident t: d UMBRELLA LIAB OCCUR EACH OCCURRENCE V EXCESS LIAR CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER STATUTE OTH- EMPLOYERS'LIABILITY Y/N R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Baytown is included as Additional Insured in accordance with the policy provisions of the General Liability policy. ..cam 2P 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 J i POLICY PROVISIONS. ■ City of Baytown AUTHORIZED REPRESENTATIVE Attn: Public works & Engineering 2123 Market St. Baytown Tx 77522 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 AMENDMENT - 30 DAY NOTICE OF CANCELLATION Policy Number: 1000090660231 Effective Date: 07-01-2023 at 12:01 A.M. Named Insured: American Air Liquide Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Commercial General Liability Coverage Form Products Completed Operations Coverage Form Contractors Pollution Coverage Form Site Pollution Coverage Form Professional Liability Coverage Form It is agreed thirty (30) days notice of cancellation, except as respects non-payment of premium for which ten (10) days will apply, will be given as respects the following certificate holder(s): SCHEDULE Where required by written contract. Certificate holders include only those entities where thirty (30) days notice of cancellation is required by an "insured contract" but only with respects to an entity for which "you" are directly or indirectly performing "your work". It is further understood and agreed that"you" will provide a complete list of certificate holders including name(s) and physical addresses to"us" that require the notice of cancellation, and that"you"will provide "us" this list at the time of the notice of cancellation. All other terms and conditions of this Policy remain unchanged. OG -040 (08/11) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity Insurance Company.All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission. E T Ems' A °JR 1. x uNA 20 = Z N m � X i NE 1q W O m m ME F� 2 N VFrV ° sN°pN UNTy ry 4 �LL1E M'E T.TE,� A I 9 §� .� any 3 N� •P �`.�'s., 4 '0 0 ... Z m N r m � m .a Z O m m _ to rn r p� m z � rn CO) N Z 4 O � z N �d z v m z m N V p s. m Z m - .. CD m -v rZ0 n) Cl) _ 3 m m CD 3 aa3v � a v r z