EXHIBIT 10.71
CONTRACT
This Agreement, Made and entered into this 28th day of October, One Thousand
Nine Hundred and Ninety-Seven, in quadruplicate between the State of Nevada,
Department of Transportation thereof, party of the first part, and Meadow Valley
Contractors, Inc. X.X. Xxx 000, xx Xxxxx, XX 00000, party of the second part,
hereinafter called the Contractor.
Witnesseth, That the said party of the second part agrees with the said
party of the first part, for the consideration and agreements hereinafter
mentioned and contained to be made and performed by the said party of the first
part, and under the conditions expressed in a bond bearing even date with these
presents, and hereunto annexed, that he, the said party of the second part,
shall and will at his own proper cost and expense, do all the work and furnish
all the materials necessary for the substantial construction and completion, and
to the satisfaction of said party of the first part, of a portion of the system
of Highways of the State of Nevada, being in the county of Xxxxx on Interstate
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15 and XX 00 Xxxxxxxxxxx (Xxx Xxxxx Xxxxxxxxx Xxxx), Xxxxx Sections 015-1
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Mileposts IR-015-XX-XX 42.87, in strict conformity, in every part and
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particular, with the annexed special provisions and specifications, and the
plans entitled "State of Nevada, Department of Transportation; Construction
Plans of Proposed State Highway in the County of Xxxxx, from the
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California/Nevada State Line to 3,895 kilometers (2.42 miles) east of the
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Junction with Route US 093, Route Sections 015-1" approved by the Director of
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the Department of Transportation on April 18, 1997, which special provisions,
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specifications and plans are made a part hereof, and in full compliance with the
terms of this agreement.
And the Contractor hereby further agrees to receive and accept the prices
set forth in the Proposal Schedule, hereto annexed and thereby made a part of
this agreement, as full compensation for furnishing all materials and labor, and
the doing of all work, in strict accordance with the plans, special provisions
and specifications hereinbefore mentioned, to the satisfaction of the Engineer
and in the manner and under the conditions hereinbefore specified.
The said party of the First part hereby promises and agrees with the said
Contractor, to employ, and does hereby employ, the said Contractor to provide
the materials and do the work according to the terms and conditions herein
contained and referred to, for the prices aforesaid, and hereby contracts to pay
the same at the time, in the manner, and upon the conditions above set forth;
and the said parties themselves, their heirs, executors, administrators,
successors, and assigns, do hereby agree to full performance of the covenants
herein contained. The Contractor further agrees that no moneys payable under
this contract shall be assigned by power of attorney, or otherwise, except upon
the written consent of the Department.
It is further agreed, by and between the parties hereto, that should there
be any conflict between the terms of this instrument and the bid or proposal of
said Contractor, then this instrument shall control, and nothing herein shall be
considered an acceptance of the said terms of said proposal conflicting
therewith.
And the said Contractor hereby further agrees that the payment of the final
amount due under this contract shall release the State of Nevada and the
Department of Transportation from any and all claims or liability on account of
work performed under this contract other than such claims, if any, as may be
specifically excepted by the Contractor in writing at the time final payment is
made.
478
IDR-DPC-0009(3) - 07/22/97
CONTRACT
In Witness Whereof, The parties to these presents have hereunto set their hands
and seals the year and date first above written.
STATE OF NEVADA
Attested: Through the Department of Transportation
[SIGNATURE ILLEGIBLE] Dated November 24, 1997
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(Director, Department of Transportation)
[SIGNATURE ILLEGIBLE]
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APPROVED AS TO FORM & LEGALITY (Chairman, Board of Directors, De-
partment of Transportation)
Meadow Valley Contractors, Inc.
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[Contractor]
/s/ Xxxxx Xxxxxxxx
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(Deputy Attorney General Chief Counsel) By [SIGNATURE ILLEGIBLE]
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VICE-PRESIDENT
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CONTRACTOR'S ACKNOWLEDGEMENT [USE (A) OR (B)]
(A) FOR AN INDIVIDUAL OR PARTNERSHIP
STATE OF _______________________________________ )
) SS
COUNTY OF ______________________________________ )
On this _______________ day of ___________________, A.D. _____________________,
personally appeared before me a ____________________________________________,
(Notary Public, Judge or other officer)
in and for ____________________________ County, State of ______________________
______________________________________________________________________, known
(Name)
(or proved) to me to be the person(s) described in and executed the foregoing
instrument, who acknowledged to me that he (they) executed the same freely and
voluntarily and for the uses and purposes therein mentioned.
________________________________________________
(Notary Public, Judge or other officer)
(B) FOR A CORPORATION
STATE OF NEVADA )
----------------------------------------- )
) SS
COUNTY OF XXXXX )
---------------------------------------- )
On this 13th day of November, A.D. 1997, personally appeared before me a
Notary Public , in and for Xxxxx County, State of
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(Notary Public, Judge or other officer)
Nevada XXXX XXXXXX, known (or proved) to me to be the VICE-PRESIDENT
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(Name) (President, Vice
President or Secretary)
of the corporation that executed the foregoing instrument, and, upon oath, did
depose that he is the officer of said corporation as above designated; that he
is acquainted with the seal of said corporation and that the seal affixed to
said instrument is the corporate seal of said corporation; that the signatures
to said instrument were made by officers of said corporation as indicated after
said signatures; and that the said corporation executed the said instrument
freely and voluntarily and for the uses and purposes therein mentioned.
[SEAL] XXXXX X. XXXXXXXXXX
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(Notary Public, Judge or other officer)
479
IDR-DPC-0009(3) - 07/22/97
Bond
Executed in (4) counterparts Premium: $434,404.00
CONTRACTOR'S BOND
Know All Men By These Presents, That We Meadow Valley Contractors, Inc.
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Contractor
X.X. Xxx 000, Xxxxx, XX 00000 as principal, and
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Address of Contractor
The Insurance Company of the State of Pennsylvania and National Union Fire
Insurance Company of Pittsburgh, P.a. 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, 00000
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Name and Address of Bonding Company Main Office
as surety are held and firmly bound unto the State of Nevada in the sum of
Ninety One Million Eight Hundred Thirteen Thousand Eight Hundred Eight Four
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Dollars and 08/100--------------------------------------------------------------
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($91,813,884.08 ) dollars, to be paid to the said State of Nevada; for which
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payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these
presents: That the total amount of said bond, two-thirds is conditioned that
such work under the contract shall be performed in accordance with the plans and
specifications and the terms of the contract, and one-third is conditioned to
provide and secure payment for all materials, provisions, supplies, trucks, and
other means of transportation used in, upon, or about, or for the performance of
the work contracted to be done, and for any work or labor done thereon.
The conditions of This Obligation is such, That Whereas, the above principal did
on the 28th day of October, 1997, enter into a contract with the Department of
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Transportation of the State of Nevada, for the performance of the following
specific work: Construction of a portion of the Interstate Highway System in
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Xxxxx County, Nevada, on Interstate 15 and US 95 Interchange (Las Vegas
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Spaghetti Bowl)
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Now, if the said Meadow Valley Contractors, Inc. heirs, executors,
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Contractor
administrators, successors and assigns, shall well and truly perform their part
of said contract, and if such work under the contract shall be performed in
accordance with the plans and specifications, and in strict conformity with the
terms of said contract, and every covenant and agreement therein contained, and
further, if the said Meadow Valley Contractors, Inc. shall indemnify and save
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Contractor
harmless the State of Nevada from and against all damages which it may sustain
by reason of liens for labor and materials furnished for said work, and if the
said Meadow Valley Contractors, Inc. shall pay all laborers, mechanics and
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Contractor
material men and persons who may have supplied provisions, supplies, trucks, and
other means of transportation used in, or about, or upon the said work, all just
debts due to such persons, or to any person to whom any part of such work was
given, and in addition all bills for labor, materials, sustenance, provisions,
or supplies used or consumed by subcontractors or otherwise in the performance
of the work contracted to be done, together with interest at the rate of twelve
percent per annum, then this obligation shall be void; otherwise to remain in
full force and effect.
And the said surety hereby stipulates and agrees that no change, extension,
alteration or addition to the terms of the contract or specifications shall in
any wise affect its obligation of this Bond.
[SIGNATURE ILLEGIBLE] Meadow Valley Contractors, Inc.
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Signature of Nevada Resident Agent (Name of Contractor)
[SIGNATURE ILLEGIBLE] By [SIGNATURE ILLEGIBLE]
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Name of Bonding Company Agent
Xxxxxx Xxxxxxx Corporation The Insurance Company of the State of
Pennsylvania*
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Address of Bonding Company Agent (Name of Bonding Company)
0000 X. Xxxxxx Xxxxxx, Xxxxx 0000 By [SIGNATURE ILLEGIBLE]
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XXXXX XXX, XX. 00000 Attorney in Fact
NOTE TO SURETY ON BOND:Certificates of Xxxx Xxxxxxxx
authority for Attorneys in Fact must
be filed with the Nevada Department of
Transportation.
*and National Union Fire Insurance Company of Pittsburgh, Pa.
