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CASS COUNTY HIGHWAY DEPARTMENT CONTRACT This agreement made and entered into by Cass County, North Dakota, party of the first part, and Swanston Equipment Co.. P.O. Box 1963. Fargo. ND 58107 party ofthe second part (hereinafter called Contractor), WITNESSETH: 1. That for and in consideration ofthe 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 payor cause to be paid as they 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 attributable to or utilized in and about the improvement and construction of Project No. CH0509. 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 March 13.2005, a length of518.81 miles, the originals of which are on file at the Cass County Highway Department, and all of which are hereby made a part ofthis agreement as fully and to the same effect as ifthe same had been set forth in the body of this agreement. References in the Standard Specifications for Road and Bridge 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 forth in the said proposal, amounting approximately to Ninetv-Five Thousand Three Hundred and Thirty Three dollars and 85/100 cents ($95.333.85), 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 ofthe 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 final and conclusive. 5. In the employment oflabor, 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 2005. day CASS COUNTY, NORTH DAKOTA Chairperson, Cass County Board of Commissioners Contractor WITNESS TO CONTRACTOR'S SIGNATURE By Title J:lAdmin-EngIPROJECTSISTRIPING\2005 StripinglContract with Swanston Equipment 040705,doc