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EXHIBIT 10.252
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this
27TH_day of AUGUST, 2003 by and
between the STATE OF ARIZONA, acting by and
through its State Engineer duly
authorized by the Director, Arizona
Department of Transportation to enter into
such agreement, party of the first
part, and MEADOW VALLEY CONTRACTORS, INC.
hereinafter called the
Contractor,
party of the second part.
WITNESSETH: That the said Contractor, for
in consideration of the sum to be paid
him by said State Arizona in the manner and
at the time hereinafter provided,
and of the other covenants and agreements
herein contained, hereby agrees, for
himself, heirs, administrators, successors
and assigns as follows:
ARTICLE I - SCOPE OF WORK: The Contractor shall perform in a
workmanlike and substantial manner and to
the satisfaction of the State
Engineer, all the work specified under
TRACS/Project No.
010 LA 001 H601401C AC-IM-010-A(005)N
EHRENBERG - PHOENIX HIGHWAY
(Ehrenberg POE - West Quartzsite)
and furnish at his own cost and expense all
necessary machinery, tools,
apparatus, materials and labor to complete
the work in the most substantial and
workmanlike manner according to the Plans
and Specifications therefor on file
with the State Engineer and such
modifications of the same and other directions
that may be made by the State Engineer as
provided herein.
ARTICLE II - CONTRACT DOCUMENTS: It is further agreed that the
Proposal, Plans, Standard Specifications,
Special Provisions, Contract Bond(s)
and any and all Supplementary Agreements,
and any and all requirements necessary
to complete the work in a substantial and
acceptable manner, and any and all
equipment and progress statements required,
are hereby referred to and made a
part of this contract, and shall have the
same force and effect as though all of
the same were fully inserted herein.
ARTICLE III - WARRANTY: The Contractor expressly warrants that he
is
free from obligation of any other person or
persons for services rendered, or
supposed to have rendered, in the
procurement of this contract. He further
agrees that any breach of the Warranty
shall constitute adequate cause for the
annulment of the Contract by the State of
Arizona and that the State of Arizona
may retain to its own use from any sums of
money due or become due thereunder,
an amount thereof equal to any brokerage,
commission, or percentage so paid, or
agreed to be paid.
ARTICLE IV - TIME OF COMPLETION: The Contractor further covenants
and
agrees that all of the said materials shall
be furnished and delivered and all
of the said labor shall be done and
performed in every respect to the
satisfaction and approval of the State
Engineer and that the said work shall be
turned over to the State Engineer, complete
and ready for use, on or before the
specified time herein. The work shall be
free and discharged of all claims and
demands whatsoever for, or on account of
any and all labor and materials used or
furnished to be used in said work.
It is expressly understood and agreed that in case of failure on
the
part of the Contractor, for any reason,
except with the written consent of the
State Engineer, to complete the entire work
to the satisfaction of the State
Engineer, and within the aforesaid time
limit, the party of the first part shall
deduct from any money due, or which may
become due the Contractor, as liquidated
damages, an amount in accordance with
Subsection 108.09 of the Contract
Specifications.
If no money shall be due the Contractor, the State shall have a
cause
of action to recover against the Contractor
in a court of competent
jurisdiction, liquidated damages, in
accordance with Subsection 108.09 of the
Contract Specifications, said deduction to
be made, or said sum to be recovered,
not as a penalty, but as liquidated
damages; provided, however, that upon
receipt of written notice from the
Contractor, of the existence of causes, as
herein provided, over which said Contractor
has no control and which must delay
the completion of said work or any delay
occasioned by the Arizona Department of
Transportation, the State Engineer may
extend the period hereinbefore specified
for the completion
