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CASS COUNTY GOV 7012822226 06/02 ' 03 13: 08 NO. 186 CASS COUNTY ItlGHWAY DEPARTMENT AGREEMENT 01/01 This a~r~em~nt made and ~nterecI into by Cass County, North Dakota, p~ oft.he first pert, and Schipp~r ComiruotionJnc: part~ oft.he second part (h~reinait~ called Contractor), WlTNESSETH: 1, That for ~d in co~i. deration of the p~ym,ents to ~ mad~ by th~ party oftl~ ~st par~ the contractor promises and agr~s to furnish an.d deliver ail labor, equipment, and materials, and to pay or cause to be paid as they become due, ali cl~im~ for any work, labor, materials, equipment, including ~vipment r~ntal or r~air, and other suppli~ or insurance premiums, ail ofwhioh ar~ attributable to or ~ltilL~.e,d in road repak operations on and adjacent to County and Township Hi~hway~ wi.thin Cass County. The contractor sbidl ~trnish Cia.ts 13 ~rav¢l only and as directed. In sccord~ce md in conformity with the provisioms of this contract and the Stsr~lard Specifications ~or Road and Bridge Construction which are h~'eby ma~ a pan of ~his affi~ement as fully and to the same effect as if th~ same hsd bectt set forth ~ the body oft. bis a~.~rn~nt, inclugin~ Section 105.04I p~'tabfi~ to liqm.d~d damages. References in me ~t~ftard Svecifications f~_afl_and~Brid~e Constmcgon, 2002 edilion, to th~ North Dakota Department of Tr~portation or Department must be construed ~ referring to the ovmer. Likewise, a ref~.~n~ by the same works to enlgn~'r or director must be construed as referring to the owner of~e project. 2. The psrty of the tS.rst part a~e~s and promises to pay to the Contractor for .~d woriq when completed and ~cc~pt~l in. a~cordanc¢ with the provisions of this coulract, Pip ~ delivered and placed at Brewer lake at $2130 per ton The estimated minimum dvliv~ry quantity is 864 rnns. 3. The said work shall be dono in a~ordanc~ with the terms of this contract, and l~le laws of the State o£North Dakota subjgct at all times to the inspection and approval, ofLhe engin~r. 4. The decision of the engineer upon questions co~r~'~ted wi. th. the execution of this agrec'ment or any failure or delay in tl~ prosecution of the work by the Contractor sbfdl b~ finial and conclusive. 5. In the employment of labor, other th.in~s being eq~a.1, pref~.ence shsll be ~iven to honorably discharged soldier~, sailors and marines, and bona fide North Dakota re$id~mts, as determined by NDCC Seclion 43-07-20. CASS COUNTY NORTH DAKOTA ScOtt Wagner, Chairman Cass County Commission Date By ~o~po~r Consml¢fio~l, Ino. Contractor Title Corporste Ex~utive Date