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Standard Form of Agreement: Felix ConstructionCity of Coppen Public Works Department Routing Sheet for Approval of Contracts and Agreements Vendor Name: Felix Construction Date: 11/15/2021 Contracted Work/Project: Sandy Lake Lift Station and System Improvements Explanation: Complete rehabilitation of sandy lake lift station 0✓ Q ER:1 Bond Council Approved. Yes / No If yes, Date: 10/26/2021 Budget Approved: Yes / No proceeds Ethics Certificate Required: Yes / No If Yes, Copy is Attached; Yes / No ® New Vendor ® Existing Vendor ® Renewing Contract Routing Sequence: Initials Date 1. Employee initiating contract/agreement: Kumar Gali KG 11/15/ (Include W-9 & CIQ form if vendor is not in system.) 2. Supervisor Authorization: 3. Purchasing Manager/Technician: (Signature needed only if vendor is new to system or contract has been changed since last time used) 4. Director of Public Works Authorization. Kent Collins ��C ����/Z/ 5. Deputy City Manager Authorization: Comments: 6. City Manager: Comments: Traci Leach/Vicki Chiavetta ?/G a /� Z/ Mike Land 7. Originals back to Administrative Manager: Kyra Jansen 8. Copy of contract/agreement to Jennifer Miller. DYES / N0= STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 9th day of November in the year 2017 by and between the CITY OF COPPELL, TEXAS, a municipal corporation (hereinafter called CONTRACTOR). OWNER) and Felix Construction (hereinafter called OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This work shall consist of the construction of a new 6.15 MGD Sandy Lake Lift Station (SLLS) inclusive of yard piping, electrical improvements, site improvements, decommissioning of the existing lift station, permanent flow meter installation at six sites in City of Coppell including the SLLS, SCADA improvements at facilities through City of Coppell, and all appurtenant work as laid out and described in the construction plans. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Construcfiion of: Sandy Lake Lift Station and System Improvements PROJECT NO. SS 18-01 Bid No. Q-0921-01 Article 2. ENGINEER. The Project has been designed by Plummer Associates, Inc. Contract administration will be provided by the City of Coppell Engineering Department who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, 2-'1 Contract Documents Article 3. CONTRACT TIME. 3.1. The Work will be completed within 540 calendar days. The Contract time commences to run as provided in Item 103.2 of the General Provisions, and the work shall be completed and ready for final payment in accordance with Item 109.5 of the General Provisions. 3.2. Liquidated Damages. For the purposes of this project, an incentive/disincentive procedure shall be incorporated into the contract based upon the provisions for the incentive/disincentive as set forth in Item 20 within the Instructions to Bidders in Section 1 of these contract documents. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds subject to additions and deductions by Change Orders as provided in the contract documents in accordance with the unit prices listed in the Proposal and Bid Schedule, Section 1 of these contract documents. The total contract sum shall be the amount of: 466 574 00 The total tangible personal property cost included in the contract sum is: Article 5. PAYMENT PROCEDURES. 292591003.00 CONTRACTOR shall submit Applications for Payment in accordance with Item 109.5 of the General Provisions. Applications for Payment will be processed by ENGINEER as provided in the General Provisions. 5.1. Progress Payments. OWNER shall make progress payments on account of thIV Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Item 109.5 of the General Provisions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Provisions. 5.1.1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated in Item 109.5.2 of the General Provisions, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Item 109.4 of.the General Provisions, 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Item 109.5.4 of the General Provisions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Item 109.5.4. 2-2 Contract Documents Article 6. INTEREST. No interest shall ever be due on late payments. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER #o enter into this Agreement CONTRACTOR maces the following representations: 7.1. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Item 102.3 of the General Provisions, and accepts the determination set forth in Item SC -105.1.3 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 7.1 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance, or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Item 102.3 of the General Provisions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes all responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Items 102.3, 103.1 and 104.1 of the General Provisions. 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 2_3 Contract Documents Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following. 8.1. This Agreement (pages 2-2 thru 2-6, inclusive). 8.2. Exhibits to this agreement (immediately following this Agreement, inclusive), including Performance Bond, Payment Bond and Maintenance Bond. 8.3. Certificate of Insurance 8.4. Notice of Award. 8.5. Part 1: Standard Specifications for Public Works Construction —North Central Texas Council of Governments Fourth Edition. 8.6. Supplementary Conditions to the NCTCOG, Division 100: General Provisions (pages 3-2 thru 3-10, inclusive). 11 8.7. Specifications bearing the title:. Construction Specifications and Contract Documents for the "Sandy Lake Lift Station (Project No. SS 18-01) for the City of Coppell". 8.8. Drawings (Construction Plans) entitled: "Sandy Lake Lift Station (Project No. SS 18-01) for the City of Coppell. 8.9. The following listed and numbered addenda: 8.10. CONTRACTOR's Bid Proposal and Bid Schedule of Section 1 -Bidding Documents. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Items 104.2 and 109.3 of the General Provisions. 8.13. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). The Contract Documents may only be amended, modified, or supplemented as provided in Items 104.2 and 109.3 of the General Provisions. 2.4 Contract Documents Article V. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Item 101 of the General Provisions will have the meanings indicated in the General Provisions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assignors and legal representatives to the other party hereto, its partners, successors, assignors and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 2_5 Contract Documents Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: City of Coppell 255 Parkway Boulevard Copped, TX 75979 BY: TITLE: ATTEST: Address for giving notices: P.O. Box 9478 Coppell, Texas 75019 Attn: Kent Collins, P.E. Dir. of Engineering/Public Works (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) November 9th 2021. CONTRACTOR: LAK Nlr � �ZVL'�lo�J u uT �O\Fy C 'ZaC."Alcb ot\)s BY: ATTEST: Address for g ing notices: 03 �' A in zu �r�oN►� (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 2-6 Contract Documents CORPORATION EVIDENCE OF AUTHORITY The following individuals) are authorized to execute, sign and suUn, proposals, pay applications, conn act amendments, contracts and contract bonds on behalf ofthe corporation, Felix Construction Company, 1. Archie Lopez President (Print Name) (Signature) (Title) 2. David G)annetto Vice -President (Print Name) 3, Matt Phillips (Print Name) 4. Kevin Felix (Print Name) 5. Joel Felix (Print Name) 6. Ryan Koontz (Print Name) (Signature)/; ?a (Signature) (Signature) {Slgnaturel i Vice -President (Title) Secretary Treasurer (Title) Project Manager (Title) PERFORMANCE BOND Bond No. 107492522 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Felix Construction Company whose address is 403 International Parkway, suite 500, Richardson, TX 75081 hereinafter Called Principal, and Travelers Casualty and Surety Company of America a corporation organized and existing under the laws of the State of Connecticut , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called 'Beneficiary", in the penal sum of _Six Million, Four Hundred Sixty Six Thousand, Five Hundred Seventy Four and 00/100-- ---------- ---- DOLLARS ($ 61466,574.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the City of Coppell, the Beneficiary, dated the 9th of November , A.D. 2021, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows: Construction of: Sandy Lake Lift Station and System Improvements PROJECT NO. SS 18-01 Bid No. Q-0921-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the plans, specifications and Contract documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and final acceptance of the Work by Owner, and, if the Principal shall fully indemnify and save harmless the Beneficiary from all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making 24 Contract Documents good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas, AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three 3 copies, each one of which shall be deemed an original, this the 9th day of November . 2021. PRINCIPAL Felix Construction Company By: ATT�Si': SURETY Travelers Casually and Surety Company of America Tltle: Attnrna�i-in-Fant Resident Agent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process Is: NAME: Bridgette S. Jackson/Travelers ADDRESS: 1301 E. Collins Boulevard, Suite 111, Richardson, TX 75081 NOTE: Date of Performance Bond must be date of Contract.. If Resident Agent is not corporation, give person's name. 2-10 Contract Documents PAYMENT BOND Bond No. 107492522 STATE OF TEXAS } COUNTY OF DALLAS } KNOW ALL MEN BY THESE PRESENTS: That Felix Construction Company whose address is 403 International Parkway, Suite 500, Richardson, TX 75081 ,hereinafter called Principal, and Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut , and fully licensed to transact business in the State of Texas as Surety, are held and firmly bound unto the CITY OF COPPELL, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called "Beneficiary", in the penal sum of Six Million, Four Hundred Sixty Six Thousand, Five Hundred Seventy Four and 00/100--------- ---- ----- DOLLARS ($ 69466,574.00 ) in lawful money of the United States, to be paid in Dallas County, Texas, for the payment of which sum well and truly to be made, we bind )urselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows; Whereas, the Principal entered into a certain Contract with the City of Coppell, dated the stn of November , A.D. 2021, which is made a part hereof by reference, for the construction of certain public improvements that are generally described as follows. Construction of: Sandy Lake Lift Station and System Improvements PROJECT NO, SS 15-01 Bid No. Q-0921-01 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive Venue shall lie in Dallas County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anyway affect its obligation on this Bond, 241 Contract Documents and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Dallas County or Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19A of the insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three 3 copies, each one of which shall be deemed an original, this the 9th day of November , 2021. PRINCIPAL SURETY Felix Construction Company By �I Iiia i�:�ti I Ir� Title: Sit. pfzdc 'yyx F 1A 1W N rzm ATTEST: s� Travelers Casualty and Surety Company of America By: An a arr Title: Attorney -In -Fact _ REM The Resident I�gent of the Surety in Dallas or Denton County, Texas, for delivery of notice and service of the process is: NAME; Brldgette S. Jackson/Travelers ADDRESS: 1301 E. Collins Boulevard, Suite 111, Richardson, TX 75081 NOTE: Date of Performance Bond -must be date of Contract. If Res/dent Agent is not a corporation, glue a person's name. 2-12 Contract Documents MAINTENANCE BOND STATE OF TEXAS � COUNTY OF DALLAS } Bond No, 107492522 KNOW ALL MEN BY THESE PRESENTS: THAT Felix Construction Company as Principal, and Travelers Casualty and Surely Company of America a corporation organized under the laws of Connecticut as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Coppell, a Municipal Corporation, Texas, the sum of Six Million, Four Hundred Sixty Six Thousand, Five Hundred Seventy Four Dollars and 00/100 ---•-- Cents ($ 6.466,574.00 ), for the payment of which sum will and truly be made unto said City of Coppell, and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and severally. THIS obligation is conditioned; however, that whereas, the said Felix Construction Company has this day entered into a written contract with the said City of Coppell to build and construct Sandy Lake Lift Station and System Improvements (Project No. SS 18-01), Bid No. Q-092141, which contract and the plans and specifications therein mentioned, adopted by the Ci!Y of Coppell are hereby expressly made a part thereof as through the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of two (2) years from the date of the acceptance of said work, and to do all necessary repairs and/or reconstruction in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Contractor. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Contractor, and sureties on this obligation, and the said Contractor and sureties hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its' part to comply with the terms of said provisions of said contract. Now, therefore, if the said Contractor shall keep and perform its' said agreement to maintain said work and keep the same in repair for the said maintenance period of two (2) years, as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said Contractor in the performance of its' contract to so maintain and repair said work, then these presents shall have full force and effect, and said City of Coppell shall have and receive from the said Contractor and its' principal and sureties damages in the premises, as provided; and it is further agreed that this obligation shall be a continuing one against the principal and sureties, hereon, and that successive recoveries may be and had hereon for successive branches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. 243 Contract Documents IN WITNESS WHEREOF, the said Felix Construction Company has caused these presents to be executed by Travelers Casualty and Surety Company of Americaand the said Travelers Casualty and Surety Company of America has caused these presents to be executed by its Attorney in fact and the said Attorney in fact Andrew Farr , has hereunto set his hand, the 9th day of November 12021a PRINCIPAL FellxConstructlon Company By: Y1�t� 140PJq'7� Title: `rr_ I tzy�\iici I'��1�)nCor� WITNESS: SURETY Travelers Casualty and Surety Company of America Andrew Farr Title: Attorney -in -Fact WAI �Z7�7cri./�h►/IIfF NOTE: Date of Maifit'enance Bond must not be prior to date of Contract. 2-74 Contract Documents Travelers Casualty and Surety Company of America Iftk Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casually and Surely Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the Stale of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew Farr of Mesa Arizona , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other wrilings 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 Instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. µ��p� i WJtTFORD, ppidAlK Slate of Connecticut City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vlce President of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and Sl. Paul Fire and Marine Insurance 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. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 ��,t mO►V.�t� C �,.r�Aemu�l.�" Mme C. Tetreault, Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casually and Surely Company of America, Travelers Casualty and Surely Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now In full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vlce President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof Is filed In the office of the Secretary; and It Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and olherwritings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casually and Surely Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains In full force and effect. Dated this 9th day of November �, 2021 ryp�gbh J`J*�tYAryQo` 31Nr':#' VA �HMTfbrf�� '� rWiTFORD,'� ,T, �pNdA11i y/' Kevin E. Hughes, Assistant Secretary To verify the authenticity of th/s Power of Attorney, please ca// us atY-800-421-3880. Please refer to the above-namedAttarney-/n-Factand the details of the hand to which the power Is attached. �o CERTIFICATE OF LIABILITY INSURANCE DATE (M1"IDDIYYY1) 11 /15/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURICA Southwest Insurance Services LLC 4646 E. Van Buren St., #200 Phoenix AZ 85008 INSURED Felix Construction Company 2530 S. 52nd Avenue Phoenix AZ 85043 FELICON01 rC OTICI!`ATC A1111111RCD�'7llA ��AC.071 `a INSURERS AFFORDINGCOVERAGE NAIC# Old Republic Insurance Company 24147 Travelers Property Casualty Company of America 1 25674 REVISION NUMBER: VV YGr�MV LV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DDY EFF CY EXP POLMMIDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y MWZY31469221 5/31/2021 5/31/2022 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS -MADE Fx] OCCUR X $10,000 PD Ded MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- F LOC POLICY JECT PRODUCTS - COMP/OP AGG $ 2,000,000 A OTHER: AUTOMOBILE LIABILITY Y Y MWTB31469321 5/31/2021 5/31/2022 COMBINED SINGLE LIMIT Ea accident $2,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) $ $ B X UMBRELLALIAB X OCCUR Y Y ZUP71M7609421NF 5131/2021 5/31/2022 EACH OCCURRENCE $510003000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ WORKERS COMPENSATION A Y MWC31469121 5/31/2021 5/31/2022 TE EERR_ X STATUH $ E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Fq (Mandatory in NH) NIA 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 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder is defined as additional insured with respects to the general, auto and umbrella liability if required or agreed to in a written contract subject to all provisions and limitations of the policy. General and Auto Liability coverage is primary and non-contributory. A Waiver of subrogation in favor of Certificate Holder applies to the general, auto and umbrella liability and employers liability/workers compensation if required or agreed to in a written contract subject to all provisions and limitation of the policy. Per attached forms: CG2033 12/19; CG2010 12/19; CG2037 12/19; CG2001 12/19; PCA048 10/13; CG2404 05/09; PCA024 10/13; WC000313; CG2503 05/09. CERTIF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Sandy Lake Lift Station ACCORDANCE WITH THE POLICY PROVISIONS. City of Coppell 1003 E Sandy Lake Rd AUTHORIZED REPRESENTATIVE Coppell TX 75019 Ile o_ hC ©1988-2015 ACORD CORPORATION. All rights reserv ed. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy No: MWZY31469221 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the additional insureds, exclusions apply: insurance afforded to these the following additional This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: aI D All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not applicable limits of insurance. increase the Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 33 12 19 POLICY NUMBER: 1viWZY31469221 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Locations Of Covered Operations Where required by Written Contract or Agreement All Locations under Written Contract or Agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the persons) or insurance organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: MWZY31469221 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Oraanization(s) Where required by Written Contract or Agreement Location And Description Of Completed Operations All Locations under Written Contract or Agreement Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II —Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy No: MWZY31469221 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy No: MWTB31469321 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED/DESIGNATED INSURED AMENDMENT -PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Persons) or Organization(s): All persons or organizations where required by written contract. WHO IS AN INSURED (SECTION II) is amended to include the persons) or organizations) shown in the above Schedule, but only with respect to "accidents" arising out of work being performed for such person(s) or organization (s). As respects any person(s) or organization(s) shown in the above Schedule with whom you have agreed in a written contract to provide primary insurance on anon -contributory basis, this insurance will be primary to and non-contributing with any other insurance available to such person(s) or organizations(s). PCA 048 10 13 Page 1 of 1 POLICY NUMBER: MWZY31469221 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any persons or organizations requiring a waiver of transfer of righk of recovery pursuant to the terms of any contract or agreement you enter into with such person or organization Information reguired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in 'the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Policy No: MWTB31469321 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: All persons or organizations as required by contract or agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following: We waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule because of payments we make for injury or damage. This waiver applies only to the person or organization shown in the Schedule. PCA 024 10 13 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER; MWC31469121 WAIVER OF OUR RIG HTTO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an inJury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement irom us.) This agreement shall not operate directly or indirectly to beneiit anyone not named In the Schedule. Schedule BLANKET COVERAGE AS REQUIRED BY WRITTEN CONTRACT DATE OF ISSUE: 05131/2021 ® 1983 Nelional Council on Compensation Insurance, INSLRED COPY POLICY NUMBER: MWZY31469221 COMMERCIAL GEMEIRAL LIABILRY CG 26 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATE® CGIV►STRIPCTIWIM PRaJE�T(oo) GENERAL AGGREGATE LIMiT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SGHEQULE Inforrnaiion required to complete lhls Schedule, if not shown above, will be shown in the peclarations. _ � A. For all sums which the Insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical renes" under Section I - Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under shuc tion Project General Aggregate Limit for Section 1-- Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Aga construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project stnwtion Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown In the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit Is the most we will pay for the However, Instead of being subject to the sum of all damages under Coverage A, ex General Aggregate Limit shown In tate Dacia= cept damages because of "bodily injury" or rations, such limits will be subject to the appi(m "property damage" included in the "products= cable Designated Constmetion Project Gana completed operations hazard", and for meth- oral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. insureds; b. Claims made or "sults" brought; or c. Persons or organizations making claims or bringing "suits". CG Z6 03 05 09 � Insurance Services Offioe, Inc., 2008 Page 1 of 2 B. For all sums which the Insured becomes legally Co When coverage for liebpity arising out of the obligated to pay as damages caused by "occur- "products-eompleted operations hazard" is pro- rences" under Section I — Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" Included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Llmit or the and then restarted, or If the authorized contract- Products-completed Operations Aggregate Ing parties deviate from plans, blueprints, dew Limit, whichever is applicable; and signs. specifications or timetables, the project will 2, Such payments shall not reduce any Desig" still be deemed to be the same construction pro- nated Construction Project General Aggre- tect' gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ®Insurance Services Office, Ina., 2008 CG 26 03 05 09