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<br />CASS COUNTY HIGHWAY DEPARTMENT <br />CONTRACT <br /> <br />This agreement made and entered into by Cass County. North Dakota, party of the first pat1, and <br />Morris Sealcoat & TIUCking. 46253 - 208'" Street. MOITis. MN 56267 pany of the second p1ll1 (hereinafter called Contractor), <br />WITNESSETH: <br /> <br />I. That for and in consideration of the payments to be made by the palty of the first paIt, the contractor promises and agrees to <br />Ibmi,h aod deliver all labor, equipment, and materials, and to payor cause to he paid as they become due, all claims for any work, labor, <br />materials. equipment, including equipment rental or repair, and other supplies or insurance premiums, all of which are attributable '0 or <br />utilized in and about the improvement and consltuction of Project No. CH0605. In accordance and in conformity with the provisions of <br />this contract and bond, the project proposal, the standard specification, supplemental specifications, special provisions, and the limits of <br />the project as shown in the plans approved hy Cass County's Engineer, February 17,2006, a length of 21.3 72 miles, the 011ginals of <br />which are on file at the Cass County Highway Department, and all of which are hereby made a part of this agreement as fully and to the <br />same effect as if the same had been set fonh in the hody of this agreement. References in the Standard Specifications for Road and <br />Bridge ConstlUction, 2002 edition, to the Nonh Dakota Depal1ment ofTranspOl1ation or Department must be construed as refen'ing to <br />the owner. Likewise, a reference by the same works to engineer or director must be construed as refelTing to the owner of the project. <br /> <br />2. The party of the first part agrees and promises to pay to the Contractor for said work, when completed and accepted in <br />accordance with the provisions of this contract, the price set forth in the said proposal, amounting approximately to <br />Three Hundred Fiftv-eight Thousand One Hundred Fourteen and 541100 ($358,114.54J, payments to be made as provided in ,aid <br />specilications upon presentation of the proper ceItificates of the County Engineer, or his representatives, and under the telms of this <br />contract. <br /> <br />3. The said work shall be done in accordance with the terms of this contract, and the laws of the State ofNonh Dakota, under <br />direct supetvision nnd to the entire satisfaction ofthe County Highway Depanment, subject at all times to the inspection and approval of <br />the engineer. <br /> <br />4. lhe decision of the engineer upon questions connected with the execution of this agreement or any tailure or delay in (he <br />pro,ecution of the work by the Contractor shall be final and conclusive. <br /> <br />5. In the employment ofIabor, other things being equal, preference shall be givcn to honorably discharged Veterans of the <br />Armed Force" and bona tide North Dakota residents. as detennined by NDCC Section 43-07-20. <br /> <br />6. The Contractor shall begin consttuction work when so ordered by the Cass County Highway Department andshalllllaimain <br />at all times thereon a maximum and efficient working force necessary to complete the work within the time established by this cOlllmct. <br /> <br />IN WITNESS THEREOF, the parties to this contract have set their hands and se~l this <br />of..JJ'Y11 Cir _ 2006. <br /> <br />;)..o~ <br /> <br />day <br /> <br /> <br />WITNESS TO CONTRACTOR'S SIGNATURE <br /> <br />Contractor~~QJtaa.f ~~d //'I7...L,-,( <br /> <br />,~t~ ~~rCftY"Y/ <br /> <br />~-Zl//o/)r/ <br /> <br />TitIe_~~__ <br /> <br />J:.,\U....tIN.r,Ntj'{.OMM1SSION CORRSP'~l106',CONTRACT MORRIS SEALCQA T 'J309G6,[)C}(' <br />