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<br />MaY. 7. 2007 1 :08PM <br /> <br />Cass County HighwaY Dept. <br />CASS COUNTY mGHWAY DEPARTMENT <br />CONTRACT <br /> <br />No,5912 <br /> <br />p. 5/5 <br /> <br />This agreement made and entered into by Ca.~s C(lUnty, North Dakota, party of the first part, HTld <br />Ma.t'k Sand & Gravel Company. PO 6()x 4?,~. F'erQ:us Falls. MN 56538 p..1J'ty of the second part (hereinafif;.'T called Contractor). <br />WITNESSETH: <br /> <br />1. That for and in conllideration ofthe payments to be made by the party of the tirst part, the contractm pnlmises and agrees to <br />furnish and dcliwr all labor, equipment. and materials, and to payor cautlC to be paid a.':l they becc.lme due, all claims for any work, lahor, <br />materials, equipment. including equipment rentalllrrepair, and other supplies or insurance pl'eOliums, all of which an: a\1ributable to or <br />utilized in and about the improvement and construction of Project No. CH0707. In accordance and in conll.mnity with the provisions of <br />this ellntTllct and bond, the project proposal, the standard specifieatiun, supplemelltlllspecific.'\tions, special provisions, and the limits (It" <br />the project as shown in the plans approvcd by Ca.,:>s County's EngineecMarch 20 , 2003, a length of 7.423 miles, the originals of which <br />are on file at the Cass County Highway Department, and all ofwhieh arc hereby made a plirt "fthis al:,lJ'eement as fully and to the !lame <br />ellect as ifthe same had been set forth in the body of Lhis agreement. References in the Standard Specifications for, Road ~d Bridge <br />Constmction, 2002 edition, to the North Dakota Department of Transportation or Department must be construed as referring to the <br />owner. Likewise, a reference by the same works to engineer or dircctor must be c(mstrued a.':l referring to the owner of the project <br /> <br />2. The party of the liTNt part iigrees and promises to pay to the Contractor for said work, when c(mlpleted and accepted in <br />accnnlance with the provisions of this contract, the price set forth in the said propos.'ll, amounting approximately t~l <br />Eight Hundred Twenty-one Thollsand N.ine H I,JI),dred N illety-five and 09/100. ($ 821.995.09 ). payments to be made as provided in said <br />specifications upun presentation ofthe proper cert.ificates of the Coullly Engineer, or his representatives, and under the terms of this <br />cnntract. <br /> <br />3, The said work shaH be done in accordance with the terms of this contract, and the laws of the SUlt.e of North Uakota, under <br />direct supervision and to the entire satisfaction lll'the County Highway Deportment, subject at all times to the inspection and approval of <br />the engineer. <br /> <br />4. The decision of the engineer upnn quesLions connected with the execution of1i1is agreement or any failure ~lr delay in the <br />prosecution of the work hy the ContTactOT shan be final and conclusive. <br /> <br />5, In the employment of labor, oLher things being equal, preference shall be given to honorably discharged Veterans of the <br />Armed Forces, and h(Jna fide North Dakota residents, as detennined by NUCC Scctit)ll 43"()7-2(). <br /> <br />6. The Contractor shall begin construction work when 50 ordered by the Coss County Highway Department and shallmailltain <br />at nil times thcrcon a ml1ximum and etlicient working force necessary to completc the work wiLhin the time established by this contract. <br /> <br />IN W)'J'NESS THEREOF, Ihe parties tu this contract have set their hands and seal this <br />of~_........ 7007. <br /> <br />,_day <br /> <br />CASS COUNTY NORTH DAKOTA <br /> <br />- <br />Chainnan, Cass County Roard of Conunissioners <br /> <br />Contractor <br /> <br />WITNESS TO CONTRACTOR'S SIGNATURE <br /> <br />Ry , <br /> <br />Title <br /> <br />J:,^nMIN-HN('~~Kl.lJH(:T~\C1l} UVIiJUAY ClIO ~Tll nmouolI DtJFFALOIr.ONTRACT POll MAliK MNIl.t (;KAvHI, fill(: <br />