Common use of THE CONTRACTOR SHALL INDEMNIFY Clause in Contracts

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. 28-1825. 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX (XX 191) (US 191-Segment 1) Witness our hands and seals this _________ day of ________________ 20 ___

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

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THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000089A YV 317 H507801C X-000-X(000)X XXXXX XXXXXXXX - XXXXXXX 000 XXXXXXXX-XXXXXXXXXX XXXXXXX (XX 191) (US 19189-Segment 1Jct SR 89A) Witness our hands and seals this 23rd day of May 0000 XXXXX XX XXXXXXX By: /s/ [ILLEGIBLE]^^ -------------------------------------- Department of Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART MEADOW VALLEY CONTRACTORS, INC./ R. E. MONKS CONSTRUCTION CO., LLC (JV) _________ day of _____________________________________ 20 ___By: /s/ Xxxxxxx X. Xxxxxx /s/ Xxxxxxx X. Xxxxx -------------------------------------------- Contractor Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxx President Vice President Attest: /s/ Xxxxxx X. Xxxxxxxx PARTY OF THE SECOND PART ----------------------- Seal

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX (XX 191) (US 191-Segment 1) Witness our hands and seals this _________ day of ________________ 20 ___.

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in is excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that the event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000101L MA 052 H473201C RAM 000-X(000)X XXXXX XXXXXXXX - XXXXXXX 0-000 XXXX XXXXXXX (XX 191000X) (US 191XXXXXXX XXXXX XXXX) (Pima-Segment 1Red Mountain Traffic Interchange Phase IV) Witness our or hands and seals this _________ 25th day of ________________ 20 ___March 0000 XXXXX XX XXXXXXX By: /s/ SIGNATURE ------------------------------------ Department of Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART Meadow Valley Contractors, Inc. --------------------------------------- By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------ Contractor XXXXXXX X. XXXXXX PRESIDENT Attest: /s/ Xxxxxx X. Xxxxxxxx PARTY OF THE SECOND PART --------------------------- Seal Page 19 of 19 BID SCHEDULE 101L MA 052 H473201C --------------------------------------------------------------------------------------------------------------------------------- ITEM NO ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED AMOUNT --------------------------------------------------------------------------------------------------------------------------------- BRIDGE 2379 - RAMP W - S OVER RED MOUNTAIN FREEWAY (APPROACH AND ANCHOR SLABS) --------------------------------------------------------------------------------------------------------------------------------- 2030506 1 STRUCTURE BACKFILL CU.YD. 140 28.00 3,920.00 --------------------------------------------------------------------------------------------------------------------------------- 6011105 1 BRIDGE CONCRETE BARRIER, TYPE B L.FT. 156 32.00 4,992.00 --------------------------------------------------------------------------------------------------------------------------------- 6011352 1 DECK JOINT ASSEMBLY (B-24.20 3X3 COMPRESSION SEAL) L.FT. 56 90.00 5,040.00 --------------------------------------------------------------------------------------------------------------------------------- 6011365 1 APPROACH SLAB (B-19.11) SQ.FT. 840 9.00 7,560.00 --------------------------------------------------------------------------------------------------------------------------------- 6011366 1 APPROACH SLAB (B-19.12) SQ.FT. 2,166 10.00 21,660.00 --------------------------------------------------------------------------------------------------------------------------------- 9210007 1 SLOPE PAVING (EXPOSED AGGREGATE) SQ.YD. 985 30.00 29,550.00 ---------------------------------------------------------------------------------------------------------------------------------

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable acceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C 101L MA 041 H406001C XXX-000-X(000)X XXXXX XXXXXXXX - XXXXXXX 0-000 XXXX XXXXXXX (XX 191000X) (US 191-Segment 1Xxxx Xxxxxxxxx - XxXxxxxx Drive) Witness our hands and seals this _________ 24th day of ________________ 20 ___JUNE 0000

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000MA 218 H230602C STP-053-(31)P MESA-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX PAYSON HIGHWAY (XX 191SR 87) (US 191-Sunflower - MP 226 Segment 1F) Witness our hands and seals this _________ 21ST day of ________________ 20 ___JULY 0000 XXXXX XX XXXXXXX By: /s/ [SIGNATURE ------------------------------------ Department of Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART Meadow Valley Contractors, Inc. / R.E. Monks Construction Co. (JV) ---------------------------------------- By: /s/ Xxxxxxx X. Xxxxxx ------------------------------------- Contractor

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000999 MA 000 H637102C NH-900-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX A(071)A QUIET PAVEMENT (XX 191PHASE II) (US 191-Segment 1Various Regional Freeways) Witness our hands and seals this _________ day 11TH DAY OF DECEMBER 0000 XXXXX XX XXXXXXX By: Xxxxx Xxxxxxxx ---------------------------------- Department of ________________ 20 ___Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART /s/ XXXXXXX X. XXXXXX -------------------------------------- XXXXXXX X. XXXXXX PRESIDENT By: /s/ MEADOW VALLEY CONTRACTORS, INC ---------------------------------- Contractor Attest: Xxxxxx X. Xxxxxxxx PARTY OF THE SECOND PART ------------------ Signature Article IX Revised 8/30/00 Contract Agreement BID SCHEDULE 999 MA 000 H637102C ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED AMOUNT ------------------------------------------------------------------------------------------------------ 7060013 PAVEMENT MARKER, RAISED, TYPE C EACH 26,000 2.75 71,500.00 7080001 PERMANENT PAVEMENT MARKING (PAINTED) (WHITE) L.FT. 15,505 0.07 1,085.35 7080011 PERMANENT PAVEMENT MARKING (PAINTED) (YELLOW) L.FT. 14.250 0.07 997.50 9010001 MOBILIZATION L.SUM 1 642,000.90 642,000.00.90 9240050 MISCELLANEOUS WORK (PAVEMENT MARKING SURVEYING L.SUM 1 24,000.00 24,000.00 AND LAYOUT) 9240111 MISCELLANEOUS WORK (EPOXY INJECTION) L.FT. 2,925 18.00 52,650.00 9240112 MISCELLANEOUS WORK (CLEAN EXISTING JOINTS) [*] L.FT. 629,500 0.10 62,950.00 [*] To Accompany Addendum No. 1 BID TOTAL : 7,821,296.00

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

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THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability ability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000008 YU 003 H468101C IM-008-X(000)X XXXXX XXXXXXXX A(014)B YUMA - XXXXXXX XXXXXXX CASA GRANDE HWY (XX 191) 1-8) (US 191-Segment 1Avenue 3E T.I.) Witness our hands and seals this _________ 27TH day of ________________ 20 ___FEBRUARY 0000 XXXXX XX XXXXXXX By: /s/ XXXXX XXXXXXXX ---------------------------------- Department of Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART /s/ MEADOW VALLEY CONTRACTORS, INC. -------------------------------------- By: /s/ XXXXXX X. XXXXXXXX ---------------------------------- Contractor XXXXXX X. XXXXXXXX AREA MANAGER Attest: /s/ [ILLEGIBLE] PARTY OF THE SECOND PART ------------------ Signature Article IX Revised 8/30/00 Contract Agreement Sheet 2 of 2 BID SCHEDULE 008 YU 004 H468101C ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED AMOUNT PILES 6030195 D DRIVE PILES (STEEL PIPE)(16") LFT. 917 25.00 22,925.00 BID TOTAL : 9,145,154.00

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable acceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinanceordinace, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000051 MA 009 H205901C RAM 000-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX 0-000 XXXX XXX. TO THUNDERBIRD ROAD (XX 191PHOENIX URBANIZED AREA) (US 191-Segment 1SR 51 - Squaw Peak Highway) Witness our hands and seals this _________ 6th day of ________________ 20 ___September 0000 XXXXX XX XXXXXXX By: [SIGNATURE APPEARS HERE] ----------------------------------- for State Engineer EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART Meadow Valley Contractors, Inc. -------------------------------------- By: /s/ Xxxxxxx X. Xxxxxx ----------------------------------- Contractor Attest: [SIGNATURE APPEARS HERE] PARTY OF THE SECOND PART --------------------------- Seal

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

THE CONTRACTOR SHALL INDEMNIFY. AND SAVE HARMLESS THE STATE, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of the operations of the said contractor or an account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect or misconduct of said contractor; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree, except the contractor is not required to indemnify or save harmless the State from liability arising from the negligence of the State. The contractor shall indemnify and save harmless any county or incorporated city, its officers and employees, within the limits of which county or incorporated city work is being performed, all in the same manner and to the same extent as provided in the above paragraph. IT IS FURTHER UNDERSTOOD AND AGREED that all work required to be done under this contract in excess of the funds now appropriated and budgeted for this project shall not be done nor any obligation incurred therefor until such time as the Legislature appropriates the additional funds and the same are budgeted for this project by the Arizona Department of Transportation and in that event the parties hereto are bound to continue performance of this contract to the extent permitted by the funds so appropriated and budgeted. In the event that no funds are appropriated or budgeted for this project for the succeeding fiscal year, then this contract shall be null and void, except as to that portion for which funds have now been appropriated and budgeted, therefore, and no right of action or damages shall accrue to the benefit of the parties hereto as to that portion of the contract that may so become null and void. All parties are hereby put on notice that this contract (agreement) is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. IT IS ALSO UNDERSTOOD AND AGREED that this contract is subject to A.R.S. 28-1824. , 28-1825. , 28-1826, together with all other limitations pursuant to the applicable laws of the State of Arizona relating to public contracts and expenditures. 191 CH 087 H503703C XXX-000089A YV 355 H274101C STP-366(19)P PRESCOTT-X(000)X XXXXX XXXXXXXX - XXXXXXX XXXXXXX FLAGSTAFF HIGHWAY (XX 191) (US 191Cottonwood-Segment 1Cornville Road) Witness our hands and seals this _________ 24TH day of AUGUST 19 99 ---- ----------- ---- STATE OF ARIZONA By: /s/ [ILLEGIBLE] -------------------------------------- Department of Transportation EVIDENCE OF AUTHORITY TO SIGN THE CONTRACT MUST BE ON FILE WITH THE DEPARTMENT, OTHERWISE IT MUST BE FURNISHED WITH THE PROPOSAL. PARTY OF THE FIRST PART ________________ 20 _____________________________

Appears in 1 contract

Samples: Contract Agreement (Meadow Valley Corp)

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