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CASS COUNTY HIGHWAY DEPARTMENT
<br /> CONTRACT
<br />
<br /> This agreement made and entered into by Cass County, North Dakota, party of the fwst part, and
<br />Mark Sand & Grovel Company, 1230 Pebble Lake Road, PO Box 458, Fergus Falls, MN 56538, party of the second part (hereinafter
<br />called Contractor), WITNESSETH:
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<br /> 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
<br />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,
<br />labor, materials, equipment, including equipment rental or repair, and other supplies or insurance premiums, all of which are
<br />attributable to or utilized in and about the improvement and construction of Project No. CH0203. In accordance and in conformity with
<br />the provisions of this contract and bond, the project proposal, the standard specification, supplemental specifications, special
<br />provisions, and the limits of the project as shown in the plans approved by Cass County's Engineer, May 23, 2002, a length of
<br />3.029 miles, the originals of which are on file at the Cass County. Highway Department, and all of which are hereby made a part of this
<br />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
<br />Specifications forRoad and Bridge Constmction, 1997 edition, to theNorth DakotaDeparUnent of TranspormtionorDepartmem must
<br />be construed as referring to the owner. Likewise, a reference by the same works to engineer or director must be constraed as referring
<br />to the owner of the project.
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<br /> 2. The party of the first part agrees and promises to pay to the Contractor for said work, when completed and accepted in
<br />accordance with the provisions of this contract, the price set forth in the said proposal, amounting approximately to
<br />Two Hundred Two Thousand One Hundred Ten and 16/100( $ 202,110.16), payments to be made as provided in said specifications
<br />upon presentation of the proper certificates of the County Engineer, or his representatives, and under the terms of this contract.
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<br /> 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
<br />direct supervision and to the entire satisfaction of the County Highway Department, subject at all times to the inspection and approval
<br />of the engineer.
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<br /> 4. The decision of the engineer upon questions connected with the execution o f this agreement or any failure or delay in the
<br />prosecution of the work by the Contractor shall be fmal and conclusive.
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<br /> 5. In the employment of labor, other things being equal, preference shall be given to honorably discharged Veterans of the
<br />Armed Forces, and bona fide North Dakota residents, as determined by NDCC Section 43-07-20.
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<br /> 6. The Contractor shall begin construction work when so ordered by the Cass County Highway Department and shall maintain
<br />at all times thereon a maximum and efficient working force necessary to complete the work within the time established by this contract.
<br />
<br />of
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<br />IN WITNESS THEREOF, the parties to this contract have set their hands and seal this
<br /> 2002.
<br />
<br />day
<br />
<br />CASS COUNTY NORTH DAKOTA
<br />
<br />Chairman, Cass County Board of Commissioners
<br />
<br />WITNESS TO CONTRACTOR'S SIGNATURE
<br />
<br /> Contractor
<br />
<br />By
<br />
<br />Title
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<br />J:'ADMIN-ENG~,PROJECTS\HWY 5 OVERLAY ~ HWY 34 TO HWY 26 CONTRACT CH0203 MARK SAND & GRAVEL 2 I JUNE 02.DOC
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