Exhibit 10.213
038203
CONTRACT
THIS AGREEMENT, made and executed in FOUR (4) original counterparts this
24th day of September A.D. 2002 between the Utah Department of
Transportation, hereinafter called "Department," first party, and MEADOW VALLEY
CONTRACTORS, INC. hereinafter called "Contractor," second party.
WITNESSETH, That for and in consideration of payments, hereinafter
mentioned, to be made by the Department, the Contractor agrees to furnish all
labor and equipment; to furnish and deliver all materials not specifically
mentioned as being furnished by the Department and to do and perform all work
in the CRACK & SEAT, OVERLAY, WIDENING, STRUCTURES & NOISE WALLS in SALT LAKE
COUNTY, State of Utah, the same being identified as *IM-NH-215-9(102)10 for the
approximate sum of Sixteen Million One Hundred Twenty Seven Thousand Six
Hundred Twenty Eight Dollars and 75/100 ($16,127,628.75).
The Contractor further covenants and agrees that all of said work and
labor shall be done and performed in the best and most workmanlike manner and
in strict conformity with the plans and specifications. The said Plans, and
Specifications and the Notice to Contractors, Instruction to Bidders, the
Proposal, Special Provisions and Contract Bond are hereby made a part of this
agreement as fully and to the same effect as if the same had been set forth at
length herein.
In consideration of the foregoing premises, the Department agrees to pay to
Contractor in the manner and in the amount provided in the said specification
and proposal.
IN WITNESS WHEREOF, The parties hereto have subscribed their names through
their proper officers thereunto duly authorized as of the day and year first
above written.
Attest: UTAH DEPARTMENT OF TRANSPORTATION
/s/ [ILLEGIBLE] /s/ [ILLEGIBLE]
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Secretary Director of Transportation-First Party
/s/ [ILLEGIBLE] MEADOW VALLEY CONTRACTORS, INC.
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WITNESS TO: COMPANY REPRESENTATIVE SECOND PARTY
APPROVED AS TO FORM: BY /s/ Steve Kiesel
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Steve Kiesel - Area Manager
BY /s/ [ILLEGIBLE] --------------------------------------
- -------------------------------------- COMPANY REPRESENTATIVE
UDOT LEGAL COUNSEL
APPROVED /s/ [ILLEGIBLE] 94-279836-5501
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CONTRACT ADMINISTRATOR UTAH CONTRACTOR LICENSE NUMBER
FUNDS AVAILABLE
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/s/ Janet Gladman 10/15/02
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BUDGET OFFICER DATE
Executed in Four Counterparts
PERFORMANCE BOND
TITLE 63, CHAPTER 56, SEC., 38 AND 39, U.C.A., 1953 AS AMENDED
BOND NO. 24006414
KNOW ALL MEN BY THESE PRESENTS:
That, MEADOW VALLEY CONTRACTORS, INC. hereinafter referred to as the
"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 referred to as the "Surety," are held and
firmly bound unto the State of Utah by and through the Utah Department of
Transportation, hereinafter referred to as the "Obligee," in the amount of
SIXTEEN MILLION ONE HUNDRED TWENTY SEVEN THOUSAND SIX HUNDRED TWENTY EIGHT
DOLLARS AND 75/100 ($16,127,628.75) for the payment whereof, the said Principal
and Surety bind themselves, their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, The Principal has entered into a certain written contract with the
obligee, dated the 9th day of October 2002 for CRACK & SEAT, OVERLAY, WIDENING,
STRUCTURES & NOISE WALLS in the COUNTY OF SALT LAKE State of Utah, Project No.
*IM-NH-215-9(102)10 for the approximate sum of SIXTEEN MILLION ONE HUNDRED
TWENTY SEVEN THOUSAND SIX HUNDRED TWENTY EIGHT DOLLARS AND 75/100
($16,127,628.75) 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 the contract in accordance with the plans,
specifications, and conditions thereof, then, this 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 63, Chapter 56, Utah Code Annotated, 1953, as amended, and all liabilities
on this bond to all such claimants shall be determined in accordance with said
provisions, to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, The said Principal and Surety have signed and sealed this
instrument this 18 day of Sept. 2002.
MEADOW VALLEY CONTRACTORS INC. (Seal)
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/s/ ILLEGIBLE (Seal)
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CONTRACTOR COMPANY REPRESENTATIVE
WITNESS OR ATTESTATION:
/s/ ILLEGIBLE
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WITNESS TO: CONTRACTOR
COMPANY REPRESENTATIVE
Liberty Mutual Insurance Company
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SURETY COMPANY
Phone: (714) 542-9815
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/s/ Rhonda C. Abel By Jeri Apodaca
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WITNESS TO: ATTORNEY-IN-FACT Jeri Apodaca, ATTORNEY-IN-FACT
STATE OF: MASSACHUSETTS
CITY OF: BOSTON
STATE OF CALIFORNIA COUNTY OF
ORANGE
Jeri Apodaca being first duly sworn on oath disposes and says, that he is
the Attorney-in-Fact of the Liberty Mutual Insurance* and that he is duly
authorized to execute and deliver the foregoing obligation, that said Company
is authorized to execute the same, and has complied in all respects with the
laws of Utah in reference to becoming sole surety upon bonds, undertakings, and
obligations.
*Company
/s/ Jeri Apodaca
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ATTORNEY-IN-FACT Jeri Apodaca
Subscribed and sworn to before me this 18th day of September 2002.
My commission expires: August 9, 2005 /s/ Rhonda C. Abel
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NOTARY PUBLIC Rhonda C. Abel
APPROVED AS TO FORM: /s/ ILLEGIBLE
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UDOT LEGAL COUNSEL
[RHONDA C. ABEL NOTARY PUBLIC SEAL]