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ST9602-CN040127Texas Department of Transportation 4777 E. Highway 80 · Mesquite, TX 75150-6643 January 27, 2004 Ken Griffin City Engineer, City of Coppell 255 Parkway Blvd. P.O. Box 9478 Coppell, TX 75019 Project: CM 96(907) CS J: 0918-45 -497 Hwy: Intersection of MacArthur & Beltline Cnty: Dallas Dear Sir: Please find enclosed the following: Copy of the Contract between the State of Texas and Gibson & Associates, Inc., Estimate, Work Order, and Proposal. Please feel free to contact me ~ 214-325-5534 or Enrique Guill~n, P.E. ~ 214-454-6459 if you have any questions or comments concerning this matter. William R. Goodell, P.E. Area Engineer cc: Construction Office, Dallas District An Equal Opportunity Employer CONTRACT NO. 12033225 CONTROL 0918-45-321 PROJECT CM 96(907) HIGHWAY CS COUNTY DALLAS CONTRACT between STATE OF TEXAS and GIBSON & ASSOCIATES, INC. for CONSTRUCTION OF 0.121 KILOMETERS of CS in DALLAS COUNTY THE STATE OF TEXAS § THE COUNTY OF TRAVIS § CONTRACT NO. 12033225 CONTROL 0918-45-321 PROJECT CM 96(907) HIGHWAY CS COUNTY DALLAS CONSTRUCTION CONTRACT This agreement is made by and between the State of Texas, represented by the Executive Director, Texas Department of Transportation, party of the first part, and GIBSON & ASSOCIATES, INC. its exec- utors, administrators, heirs, successors or assigns, the Contractor, party of the second part. WHEREAS, the State desires to enter into a contract for the highway improvement as shown and described in the plans, specifications and special provisions included or referenced herein or as far as the money available will construct in accordance with the provisions of the State Statutes, and WHEREAS, the Contractor has been engaged in and now does such work and represents that it is fully equipped, competent and capable of performing the desired and herein outlined work and is ready and willing to perform such work in accordance with the unit prices listed herein and the provisions of the herein included or referenced specifications, special provisions and plans, now WITNESSETH: That for and in consideration of the unit prices listed herein, a part of this contract, the Contractor agrees 1o do, at its own proper cost and expense, all the work necessary for the highway improve- ment as shown and described in the plans and in accordance with the provisions of the referenced specifica- tions and special provisions which are a part of this contract. Time for completion of this contract shall be computed beginning The work to be performed under this contract shall be completed in 60 WORKING days. And the State in consideration of the full and true performance of said work by the Contractor hereby agrees and binds itself to pay to the Contractor for the quantities of work performed in compliance with this contract at the respective unit prices set forth herein, subject to adjustment as herein provided. The following items of work and respective unit prices are those contained in the original proposal and are a part of this con- tract. The State limits its obligation hereunder to the funds available. PROJECT: CM 96(907) CCSJ BIDDER DATE DIV JOB COUNTY : DALLAS 091845321 1 12 3 48 225 ITEM DESC SP. ITEM DESCRIPTION NO. CODE NO. UNIT APPROX. QUANT. UNIT BID PRICE EXTENSION 100 5002 PREP ROW KM .121 102,735.180 12,430.96 104 5001 REMOV CONC (PAV) M2 63.160 26.710 1,687.00 104 5013 REMOV CONC (CURB & GUTTER) M 24.000 5.410 129.84 110 5001 001 EXCAVATION (RDWY) M3 235.000 28.790 6,765.65 160 5024 FURN AND PLAC TPSL (CL 2) (100 MM) M2 354.000 8.640 3,058.56 162 5008 BLOCK SOD (BERMUDA) M2 236.000 4.350 1,026.60 168 5001 VEGETATIVE WATERING KL 7.430 72.680 540.01 192 5014 012 TP~ANSPLANT EXIST TREE OR PALM EA 4.000 810.000 3,240.00 340 5002 004 ASPH CONC (TY B) MGR 116.580 66.710 7,777.05 340 5003 004 ASPH CONC (TY C) MGR 8.300 135.000 1,120.50 360 5011 031 MONO CURB (150 MM) M 124.000 6.500 806.00 360 5017 031 CONC PAV (CPCD) (200 MM) M2 440.000 48.750 21,450.00 500 5001 MOBILIZATION LS 1.000 15,780.000 15,780.00 502 5001 020 BARRICADES, SIGNS AND TRAF HANDLE MO 3.000 4,000.000 12,000.00 529 5002 CONC CURB AND GUTTER (TY 2) M 18.000 80.000 1,440.00 580 5002 PROJECT MAINT (MOWING) CYC 1.000 1,080.000 1,080.00 618 5011 CONDUIT (PVC) (SCHD 40) (50 MM) M 41.900 63.720 2,669.87 618 5013 CONDUIT (PVC) (SCHD 40) (75 MM) M 14.100 32.400 456.84 618 5034 CONDUIT {PVC)(SCHD 40)(BORE)(75 MM) M 29.800 59.400 1,770.12 618 5045 CONDUIT (PVC) (SCHD 40) (25 MM) M 10.000 18.900 189.00 PROJECT: CM 96(907) CCSJ BIDDER DATE DIV JOB COUNTY : DALLAS 091845321 1 12 3 48 225 ITEM DESC SP. ITEM DESCRIPTION NO. CODE NO. UNIT APPROX. QUA~qT. UNIT BID PRICE EXTENSION 620 5004 ELEC CONDUCTOR (NO. 6) BARE M 43.900 1.190 52.24 624 5001 GROUND BOX TY A (122311) W/APRON EA 1.000 356.400 356.40 624 5003 GROUND BOX TY C (162911) W/APRON EA 4.000 388.800 1,555.20 644 5054 SM RD SGN ASSM TY 10BWG(1)SA(P) EA 4.000 378.000 1,512.00 649 5006 RELOC SMALL RDSD SGN ASSMS EA 2.000 243.000 486.00 656 5003 FND FOR TRAF SIG (600 MM DRIL SHFT) M 1.700 394.200 670.14 662 5042 005 WRK ZN PAV MRK REMOV (CL B) TY I-C EA 23.000 4.050 93.15 662 5045 005 WRK ZN PAV MRK REMOV (CL C) TY W EA 61.000 4.050 247.05 666 5012 012 REFL PAV MRK TY I (W) (SLD) (600 MM) M 36.800 17.710 651.73 666 5044 012 REFL PAV MRK TY II (W) (SLD) (600 MM) M 36.800 3.540 130.27 668 5071 PREFAB PAV MRK TY C (W) (ARROW) EA 4.000 167.400 669.60 668 5075 PREFAB PAV MRK TY C (W) (WORD) EA 2.000 216.000 432.00 668 5079 PREFAB PAV MRK TY C (W) (RR XING) EA 4.000 469.800 1,879.20 672 5007 004 RAIS PAV MRKR CL B (REFL) TY I-C EA 57.000 3.240 184.68 672 5016 004 P~AIS PAV MRKR CL C (TR-AF BTN) TY W EA 164.000 2.970 487.08 677 5018 ELIM EXT PAV MRK & MRKR (RAIS PAV MRKR) EA 39.000 1.080 42.12 678 5006 PAV SURF PREP FOR MRKS (600 MM) M 36.800 3.540 130.27 678 5021 PAV SURF PREP FOR MRKS (BLAST CLN) (ARW) EA 4.000 16.200 64.80 678 5022 PAV SURF PREP FOR MRKS (BLAST CLN) (WRD) EA 2.000 10.800 21.60 678 5026 PAV SURF PREP FOR MKS(BLST CLN)RR XING EA 4.000 54.000 216.00 2-3 PROJECT: CM 96(907) CCSJ BIDDER DATE DIV JOB COUNTY : DALLAS 091845321 1 12 3 48 225 ITEM DESC SP. ITEM DESCRIPTION NO. CODE NO. UNIT APPROX. QUANT. UNIT BID PRICE EXTENSION 680 5001 004 INSTAL OF HWY TRAF SIG (ISOLATED) EA 1.000 1,058.400 1,058.40 684 5007 TRAF SIG CBL (TY A) (7 CONDR) (12 AWG) M 61.400 6.480 397.87 684 5020 TRAF SIG CBL {TY A) (20 CONDR) (12 AWG) M 40.000 11.340 453.60 684 5046 TRAP SIG CBL (TY C) (2 CONDR) (18 AWG) M 317.400 3.400 1,079.16 688 5006 VEH DETECT (14 AWG) (ORG) M 226.000 17.280 3,905.28 5003 5001 BALED HAY FOR EROSN & SEDMT CONT EA 10.000 11.340 113.40 5003 5003 BALED HAY FOR EROSN & SED CONT (REMOV) EA 10.000 5.400 54.00 5012 5001 TEMP SEDMT CONT FENCE M 130.000 4.220 548.60 5012 5003 TEMP SEDMT CONT FENCE (REMOV) M 130.000 .570 74.10 5475 5001 REMOVE BRICK STREET PAVERS AND SALVAGE M2 113.470 20.340 2,307.98 5475 5002 INSTALL BRICK STREET PAVERS M2 18.500 29.050 537.43 TOTAL 115,829.35 3-3 CONTRACT NO. 12033225 COUNTY DALLAS The Contractor warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the contractor, to solicit or secure this contract and that it has not paid or agreed to pay any company or individual any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or viola- tion of this warranty, the State shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commis- sion, percentage, brokerage fee, gift or contingent fee. The contractor agrees that any payments owing under this contract will be applied towards the debt or delinquent taxes owed to the state until the debt or delinquent taxes are paid in full. It is acknowledged and agreed by the parties hereto that this contract is the full and complete contract for the performance of the work called for and described herein. IN WITNESS WHEREOF, the parties hereto have set their hands the date herein named. STATE OF TEXAS Party of the First Part Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs approved and authorized by the Texas Transportation Commission. By Date (Typed, Printed or Stamped Name and Title) RECOMMENDED FOR EXECUTION: CONTRACTOR Party of the Second Part GIBSON & ASSOCIATES, INC. By: By: By: (Title) THIS IS TO CERTIFY THAT THIS CONTRACT flAS BEEN FULLY EXECUTED AND SIGNED BY (Date) (Title) (Title) (Date) (Date) PERFORMANCE BOND CONTRACTNO. 12033225 COUNTY DALLAS BONDNO. KNOW ALL PERSONS BY THESE PRESENTS: That we GIBSON & ASSOCIATES, INC. as principal, and the other undersigned as surety, are held and firmly bound unto the State of Texas, in the penal sum of one hundred fifteen thousand eight hundred twenty-nine and 35/100 Dollars ($115,829.35), lawful money of the United States, well and truly to be paid to the State of Texas, and we bind ourselves, our heirs, successors, executors, and administrators jointly and severally, firmly by these presents. Whereas, the above bounden principal has entered into the foregoing contract with the State of Texas attached hereto, and whereas, under the law said principal is required before commencing the work provided for in said contract to execute a bond in the amount of said contract. Now, therefore, the condition of this obligation is such that if the above bounden principal, his or its heirs, successors, executors, and administrators shall well and faithfully do and perform each and every, all and singular, the work in accordance with the plans, specifications, and contract documents as provided in said contract aforesaid, and shall fully indemnify and save harmless the State of Texas from all costs and damage which the State of Texas may suffer by reason of the PRINCIPAL'S default or failure to do so and shall fully reimburse and repay the State of Texas all outlay and expense which the State of Texas may incur in making good any such default, then obligation shall be null and void, otherwise it shall remain in full force and effect. Provided further, that the said surety(s) 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 thereun- der, or the Specifications accompanying the same, shall in anywise affect its obligation on this bond. The surety(s) 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, unless otherwise specified in the contract. WITNESS our hand this, day of ,20 GIBSON & ASSOCIATES, INC. SURETY (Print Firm Name and Seal) *By: (Title) SURETY (Print Firm Name and Seal) By: (Title) By: (Title) SURETY (Print Firm Name and Seal) *By: *By: (Title) (Title) *Nole: A Power of Attorney, showing that the surety officer or Attorney-In-Fact has authority to sign such obligation, must be impressed with thc corporate seal and attached behind the Payment Bond in each contract. This form has been approved by the ATTORNEY GENERAL OF TEXAS & TEXAS DEPT. OF INSURANCE. PAYMENT BOND CONTRACTNO. 12033225 COUNTY DALLAS BONDNO. KNOW ALL PERSONS BY THESE PRESENTS: That we GIBSON & ASSOCIATES, INC. as principal, and the other undersigned as surety, are held and firmly bound unto the State of Texas, in the penal sum of one hundred fifteen thousand eight hundred twenty-nine and 35/100 Dollars ( $i 15,829.35), lawful money of the United States, well and truly to be paid to the State of Texas, and we bind ourselves, our heirs, successors, executors, and ad~ninistrators jointly and severally, firmly by these presents. Whereas, the above bounden principal has entered into the foregoing contract with the State of Texas attached hereto, and whereas, under the law said PRINCIPAL is required before commencing the work pro- vided for in said contract to execute a bond in the amount of said contract solely for the protection of all claimants, as defined by the Texas Government Code Title 10, Chapter 2253, or successor statutes, in the prosecution of the work provided for in said contract supplying labor and materials as defined by law, in the prosecution of the work provided for in said contract, for the use of each such claimant. The condition of this obligation is such that if the above bounden principal, his or its heirs, successors, executors, and administrators shall well and faithfully make payment to each and every claimant as defined by law, supplying labor and materials as defined by law, in the prosecution of the work provided for in said contract and any and all duly authorized changes to said contract that may hereafter be made, notice of such changes to the SURETY(S) being hereby waived, then this obligation shall be null and void, otherwise it shall remain in full force and effect. WITNESS our hand this, day of ,20 GIBSON & ASSOCIATES, INC. SURETY (Print Firm Name and Seal) *By: (Title) SURETY (Print Firm Name and Seal) By: (Title) By: (Title) SURETY (Print Firm Name and Seal) *By: *By: (Title) (Title) *Note: A Power of Attorney, showing that the surety officer or Attorney-In-Fact has authority to sign such obligation, must be i~npressed with the corporate seal and attached behind the Payment Bond in each contract. This form has been approved by the ATTORNEY GENERAL OF TEXAS & TEXAS DEPT. OF INSURANCE.