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CASS COUNTY HlGHWA Y DEPARTM.ENT AGREEMENT This agreement made and entered into by Cass COllnty, North Dakota, patty of the first pmt, and Heinze. Michael Landscaping & Earth Moving party 01' the second part (hereinafter caned 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 Illrllish and deliver all labor, equipment, and materials, and to pay Dr cause to be puid as they become due, all claims for any work, labor, materials, equipment, including equipment rcntal or repuir, and other supplies or insurance premiums, all of which are attributable to or utilized in road repair operations on and adjacent to County and Township Highways within Cass County. Thc contractor shall 111l11ish Class 13 gravel only and as directed. In accordance and in confol111ity with the provisions of this contract and the Standard Speci fications for Road and BJidge Construction which are hereby mude 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, 2002 edition, to the NOlth 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 Conlractor for said work, when completed and accepted in accordance wiLh the provisions of this contract, Class 13 gravel at $4.85 per cubic yard at the Sibley Pit and hauled at a rate of$.14 per cubic yard mile; and $8.50 per cubic yard, stockpiled at the Page, ND site and hauled fi'om Page at a rate of $.14 per cubic yard mile. The estimated minimum quantity is 2,000 cubic yards. 3. The said work shall be done in accordance with the terms of this contract, and the laws of the State of North Dakota subjcct at all times to thc inspection and approval of the engineer. 4. The decision of the engineer upon qllestions connected with the execlItion of this agreement or any failure or delay in the prosecution of the work by the Contractor sh(lll be linal and conclusive, 5. In the employment of labor, other things being equal, preference shall be given to honorably discharged soldiers, sailors und marines, and bona tide NOlih Dakota residents. as determined by NDCC Section 43-07-20. CASS COUNTY NORTH DAKOTA Darrell Vanyo, Chairman Cass County Commission Date Heinze, Michael Landscaping & Earth Moving Contractor By Date Title Cornomte Executive J ..,..~...b", ;''''~'~'';'; ,~,,,~"l'll"'l K-U: r )I;<,~ iio....,,: f:,~"h ~l...~.. "I""