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CASS COUNTY GOV 7012822226 05/09 '03 16:53 N0.880 03/05 CASS COUNTY HIGHWAY DEPARTMENT AGREEMENT This agreement made and entered into by Ca~ County, North Dakota. party of the first part, and ._Y. ltJJi~ll~t~ff~ party of the second part (hereinafter called Contractor), WITNESSETH: I. 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 ~s that 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 ama'butable to or utilized in road repair operations on and adjacent to County and Township Highways within Cass County. The contractor shall furnish C]ass 13 gravel only and as directed. In accordance and in conformity with the provisions of this contract and the Standard Specifications for Road and Bridge Construction which are hereby made a part ofthb agreement as fully and to the same effect as if the same bad been ~ forth in the body of this agreement, including Section 108.04J pertaining to liquidated damages. References in the Standard Specifications for Road..an.d Bridge Construction. 2002 edition, to the North Dakota D~ar0nent of Transportation or D~pa,rrtent must be construed as ret'owing to the owner. Likewise, a reference by the same works to engineer or direCwr mast t~ ¢onsa'ued 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 a~cepted in accordance with the provisions of this contract, Class ! 3 gravel delivered from the Lisbon Pit at $2.50 per cubic yard plus $0.133 per yard mile to thc delivery sites specified by tile Cass County Engineer. 3. The said work shall be done in. accordance wi~ the terms ofthj$ contragt, s~d the laws of thc State of North Dakota subject at all times to the inspection and approval of the engineer. 4. Thc d~ision of the engineer upon questions connected with the execution oftb[$ agreement or any failure or delay in the prosecution of the work by the Contractor shall be final and conclusive. $. In the employment of labor, other things lacing equal, preference shall be given to honorably discharged soldiers, sailors and marines, and bona fide North Dakota residents, as determined by NDCC Section 43-07-20. CASS COUNTY NORTH DAKOTA Scott Wagner, Chairman Cass County Commission Date By. Contractor Title Coroorate Executive Date