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CASS COUNTY HIGHWAY DEPARTMENT CONTRACT This agreement made and entered into by Cass County,North Dakota,party of the first part,and Duininck.Inc..PO Box 208, Prinsburg,MN 56281 party of the second part (hereinafter called Contractor), WITNESSETH: 1.That for and in consideration of the payments to be made by the party of the first part,the contractor promises and agrees to furnish and deliver all labor,equipment,and materials,and to pay or cause to be paid as they become due,all claims for any work,labor, materials,equipment,including equipment rental or repair,and other supplies or insurance premiums,all of which are attributable to or utilized in and about the improvement and construction of Projects TB 1309. In accordance and in conformity with the provisions of this contract,the project proposal,the standard specification,supplemental specifications,special provisions,and all of which are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth in the body of this agreement. References in the Standard Specifications for Road and Bridge Construction,2008 edition,to the North Dakota Department of Transportation or Department must be construed as referring to the owner. Likewise,a reference by the same works to engineer or director must be construed as referring to the owner of the project. 2.The party of the first part agrees and promises to pay to the Contractor for said work,when completed and accepted in accordance with the provisions of this contract,the price set forth in the said proposal,amounting approximately to Seven Hundred Forty-Five Thousand Seven Hundred Seventy-Four dollars and 55/100 ($745.774.55) payments to be made as provided in said specifications upon presentation of the proper certificates of the County Engineer,or his representatives,and under the terms of this contract. 3.The said work shall be done in accordance with the terms of this contract,and the laws of the State of North Dakota,under direct supervision and to the entire satisfaction of the County Highway Department,subject at all times to the inspection and approval of the engineer. 4.The decision of the engineer upon questions connected with the execution of this agreement or any failure or delay in the prosecution of the work by the Contractor shall be final and conclusive. 5. In the employment of labor,other things being equal,preference shall be given to honorably discharged Veterans of the Armed Forces,and bona fide North Dakota residents,as determined by NDCC Section 43-07-20. 6.The Contractor shall begin construction work when so ordered by the Cass County Highway Department and shall maintain at all times thereon a maximum and efficient working force necessary to complete the work within the time established by this contract. IN WITNESS THEREOF,the parties to this contract have set their hands and seal this day of 2014. CASS COUNTY NORTH DAKOTA Chairman,Cass County Board of Commissioners Contractor WITNESS TO CONTRACTOR'S SIGNATURE By Title J:NDA71N-ENGICOMMISSION CORRSP12014 COMMISSION CORRESPONDENCF\CONTRACf DUIN1NCK INC.'1131309.DOC