<PAGE>
or legal remedies provided therein, shall not be construed as
a general waiver of its right thereafter to require such
compliance or to exercise such option or remedy.
18.2
The Subcontract, including all Contract Documents as provided
in section one, comprises the entire agreement between the
parties relating to the Subcontract Work and no other
agreements, representations, terms, provisions or
understanding concerning the Subcontract Work has been made,
All modifications or amendments to the Subcontract must be in
writing.
18.3
To the best knowledge and belief of the parties, the
Subcontract contains no provision that is contrary to federal
or state law, ruling or regulation. However, if any provision
of this Subcontract shall conflict with any such law, ruling
or regulation, then such provision shall continue in effect to
the extent permissible. The illegality of any provisions, or
parts thereof, shall not affect the enforceability of any
other provisions of
this Subcontract.
18.4
The Subcontract shall be construed and interpreted according
to the laws of the State in which the work is being conducted.
18.5
In the event either party employs an attorney to institute a
lawsuit or to demand arbitration for any cause arising out of
the Subcontract Work or the Subcontract, or any of the
Contract Documents, the prevailing party shall be entitled to
all costs, attorney's fees and any other reasonable expenses
incurred therein.
18.6
All sections and headings are descriptive only and are not
controlling.
18.7
Contractor's rights and remedies under the Subcontract are not
exclusive and Contractor shall have all other remedies
available at law or in equity to enforce the Subcontract.
IN WITNESS WHEREOF: The parties hereto have executed this Agreement
for
themselves, their heirs, executors, successors, administrators,
and
assignees on the day and year first above written.
Meadow Valley Contractors, Inc.
Wiser Construction, L.L.C.
Date: SEPT 30 03
Date: 9-30-2003
By [ILLEGIBLE]
By [ILLEGIBLE]
---------------
----------------------------------
Name
Name
Manager
Managing Member
---------------
----------------------------------
Title
Title
17
<PAGE>
EXHIBIT 10.254
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this
30th day of January, 2004 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.
191 CH 087 H503703C STP-191-B(003)B
BOWIE JUNCTION - SAFFORD HIGHWAY (US
191)
(US 191 -Segment 1)
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 d
