EXHIBIT 10.147
CONTRACT
This Agreement, Made and entered into this 13th day of September, Two Thousand,
in quadruplicate between the State of Nevada, Department of Transportation
thereof, party of the first part, and Meadow Valley Contractors, Inc., P.O.
Box 549 of Moapa, NV 89025, 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 Clark, on US 95 from
Rainbow Boulevard Interchange to Cheyenne Avenue Interchange, Route Section
095-2 Mileposts US 95 CL-80.93 to 83.62, in strict conformity, in every part and
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 Clark, from the Junction of IR
15 and IR 515 at the Downtown Expressway Interchange in Las Vegas westerly and
northerly, then northwesterly to the Junction of SR 374 in Beatty", Route
Section 095-2" approved by the Director of the Department of Transportation on
June 19, 2000, which special provisions, 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 the 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.
CONTRACT
In Witness Whereof, The parties to these presents have hereunto set their hands
and seals the year and date first above written.
Attested: STATE OF NEVADA
Through the Department of
Transportation
/s/ [ILLEGIBLE]^^
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(Director, Department of Transportation) Dated October 12, 2000
/s/ [ILLEGIBLE]^^
Approved as to Form & Legality --------------------------------
(Chairman, Board of Directors,
Department of Transportation)
Meadow Valley Contractors, Inc.
---------------------------------
(Contractor)
/s/ [ILLEGIBLE]^^
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(Deputy Attorney General Chief Counsel) By /s/ Alan Terril
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Vice-President
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CONTRACTOR'S ACKNOWLEGEMENT [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 (or proved)
(Name)
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 Clark }
-----------------------}
On this 25th day of September, A.D. 2000, personally appeared before me, a
Notary Public , in and for Clark County, State of
- ------------------------------------------
(Notary Public, Judge or other officer)
Nevada, Alan Terril, known (or proved) to me to be the
- -------- -------------
(Name)
Vice-President of the corporation that executed the
- -----------------------------------------
(President, Vice President or Secretary)
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.
/s/ Nancy A. McCafferty
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(Notary Public, Judge or other officer)