EXHIBIT 10.209
IN WITNESS WHEREOF, two (2) identical counterparts of this contract each
of which shall for all purposes be deemed an original thereof, have been duly
executed by the parties herein above named, on the date and year first above
written.
The Contractor agrees that this Contract, as awarded, is for the stated
work and understands that payment for the total work will be made on the basis
of the indicated amount(s), as bid in the Proposal.
PROJECT NO(S). ST87400047, ST8741000, AND WS85500049
2002 RESIDENTIAL STREET OVERLAY PROGRAM
$6,773,919.00
MEADOW VALLEY CONTRACTORS, INC., CITY OF PHOENIX,
A NEVADA CORPORATION AN ARIZONA MUNICIPAL CORPORATION
(CONTRACTOR) (OWNER)
FRANK A. FAIRBANKS
By: /s/ Bradley E. Larson CITY MANAGER
--------------------------------
(Signature and Title) By: /s/ Mario Saldamando, P.E.
BRADLEY E. LARSON PRESIDENT -------------------------------------
MARIO SALDAMANDO, P.E.
(Corporate Seal) CITY ENGINEER
- -----------------------------------
WITNESS: If Contractor is an
individual (Signature) APPROVED AS TO FORM THIS ____ DAY
OF ______________________ 20_____
/s/ Robert W. Bottcher /s/ [Illegible Signature]
- ----------------------------------- ----------------------------------------
ATTEST: If Contractor is a ACTING CITY ATTORNEY
Corporation, a Limited
Liability Company or
Partnership /s/ Vicky Miel
(Signature and Title) ----------------------------------------
ROBERT W. BOTTCHER AREA MANAGER ATTEST: VICKY MIEL
CITY CLERK
Authority -- City Council Awarded
JUNE 12, 2002
C-3
ENGINEERING AND ARCHITECTURAL SERVICES DEPARTMENT - City of Phoenix
PROJECT NO:. ST87400047, ST87410000, WS85500049
CONSTRUCTION BID PROPOSAL
<Table>
<Caption>
=========================================================================================================================
PAY APPROX
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
NO.
=========================================================================================================================
1. Modified Asphalt Concrete Surface Course (D-1/2) 121,113 Ton 39.75 4,814,241.75
2. Milling, Per Specifications 744,810 Sq. Yd 0.75 558,607.50
3. Tack Coat, Per Specifications 445 Ton 100.00 44,500.00
4. Adjust Existing Manhole Frame and Clean Cover per MAG 519 Each 165.00 85,635.00
5. Adjust Existing Frame and Clean Cover for Valves,
Survey Monuments, and Sewer Cleanouts 726 Each 135.00 98,010.00
6. Adjust Existing Unexposed Water Valve Frame and
Clean Cover 33 Each 135.00 4,455.00
7. Adjust Survey Monuments, St. D. 120-1-B 770 Each 70.00 53,900.00
8. Install New Survey Monuments, St. D. 120-1-B 60 Each 75.00 4,500.00
9. Blotter Material 2,024,886 Sq. Yd. 0.12 242,986.32
10. Uniformed, Off-Duty Police Officers 3,751 Hours $33.00 $123,783.00
11. Traffic Control Devices 1 Job 466,000.00
12. Rebuild and Adjust Existing Pressure Manhole
Frame and Clean Cover (Contingent item) 5 Each 300.00 1,500.00
13. Full Width Milling, (3/4" deep) 65,000 Sq. Yd. 0.80 52,000.00
14. Manhole Adjustment Rings, SD-2, SD-3
(Contingent item) 200 Each 55.00 11,000.00
Bid Subtotal (for index ST87400047 & ST87410000,
items 1 through 14) 6,561,119.00
</Table>
BID PROPOSAL INDEX NO. WS85500049
<Table>
<Caption>
15. Debris Cap, including Locator Coll, Furnish & 2660 Each 80.00 212,800.00
Install
Item 15 only 212,800.00
TOTAL AMOUNT OF CONSTRUCTION BID $6,773,919.00
Index No. : ST87400047, ST87410000 Item 1
through 14 and
Index No.: WS85500049 Item 15
Six Million Seven Hundred Seventy Three Thousand
Nine Hundred Nineteen dollars & 00/100 Dollars
------------------------------------------------
Written Words
</Table>
P-2(REVISED 04-19-2002)
Executed in Two Counterparts
BOND NO. 24006403
---------
CONTRACT BOND
STATUTORY PERFORMANCE BOND PURSUANT TO
TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Contract Amount)
KNOW ALL MEN BY THESE PRESENT, that, MEADOW VALLEY CONTRACTORS, INC.,
(hereinafter called the Principal), as Principal, and Liberty Mutual Insurance
Company, a corporation organized and existing under the laws of the State of
Massachusetts, with its principal office in the City of Boston, (hereinafter
called the Surety), as Surety, are held and firmly bound unto the City of
Phoenix in the County of Maricopa, State of Arizona, (hereinafter called the
Obligee), in the amount of SIX MILLION SEVEN HUNDRED SEVENTY THREE THOUSAND NINE
HUNDRED NINETEEN AND NO/100 DOLLARS, ($6,773,919.00), for the payment thereof,
the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these
present.
WHEREAS, the Principal has entered into a certain written contract with
the Obligee, dated the 12TH day of JUNE, 2002, for ST87400047, ST8741000, AND
WS85500049, 2002 RESIDENTIAL STREET OVERLAY PROGRAM, for which contract is
hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the
said Principal shall faithfully perform and fulfill all the undertakings,
covenants, terms, conditions, and agreements of said contract during the
original term of said contract any extension thereof, with or without notice to
the Surety, and during the life of any guaranty required under the contract,
and shall also perform and fulfill all the undertakings, covenants, terms,
conditions, and agreements of any all duly authorized modifications of said
contract that may hereafter be made,notice of which modifications to the Surety
being hereby waived; then the above obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions
of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all
liabilities on this Bond shall be determined in accordance with the provisions
of said Title, Chapter, and Article, to the extent as if it were copied at
length herein.
THE prevailing party in a suit on this Bond shall be entitled to such
reasonable attorney's fees as may be fixed by a judge of the Court.
WITNESS our hands this 18th day of June, 2002
MEADOW VALLEY CONTRACTORS, INC.
PRINCIPAL SEAL Aon Risk Services, Inc.
------------------------------------
AGENT OF RECORD
1901 Main Street, Suite 300
By: /s/ Bradley E. Larson Irvine, CA 92614
------------------------------------- ------------------------------------
BRADLEY E. LARSON PRESIDENT AGENT ADDRESS
Liberty Mutual Insurance Company (949) 608-6300
- ---------------------------------------- ------------------------------------
SURETY SEAL TELEPHONE NUMBER
A.M. BEST RATING: A+
By: /s/ Jeri Apodaca By: /s/ Carol Trelford
------------------------------------- --------------------------------
ATTORNEY-IN-FACT, Jeri Apodaca ARIZONA RESIDENT AGENT
Carol Trelford
1850 North Central Avenue,
Suite 1700
Phoenix, AZ 85004
C.B.-1