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CASS COUNTY HIGHWAY DEPARTMENT CONTRACT This a,.zreement made and entered into by Cass County, North Dakota, party of the first part, and Excavating lnc-Fargo 6218 Ave SW, Fargo ND 58104 party of the second part (hereinafter called Contractor), WITNESSETH: -- 1. That tbr and in consideration of the payments to be made by the party oD. he 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 dua, 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 Project No. RSO 0009(027) . In accordance and in conformity with the provisions of this contract and bond, the project proposal, the standard specification, supplemental specifications, special provisions, and the limits of the project as shown in the plans approved by Cass County's Engineer April 15,2003, a length of 0.142 miles, the originals of which are on file at the Cass County Highway Department, and all of which are hereby made a part oft. his 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 Brid~e Construction, 2002 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 fort. h in the said proposal, amounting approximately to~ousand Nine Hundred Sixty Five and 00/100 ($ 55,965.00), 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 f'mal 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. of IN WITNESS THEREOF, the parties to this contract have set their hands and seal this 2003. day CASS COUNTY NORTH DAKOTA Chairman, Cass County Board of Commissioners WITNESS TO CONTRACTOR'S SIGNATURE Contractor By Title J%M~MIN-ENG~ROIECTS",MAPLETON I-2 RR GRADE RAISE'~CONTRACT WITH EXCAVATING INC 052203 DOC