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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 part, and
<br />Central Specialties, Inc. 6325 Co. Rd. 87 SW, Alexandria, MN 56308 party of the second part (hereinafter called Contractor),
<br />WITNESSETH:
<br />
<br />1. That for and in consideration of the payments to be made by the party of the first part, the contractor promises and agrees to
<br />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,
<br />materials, equipment, including equipment rental or repair, and other supplies or insurance premiums, all of which are attributable to or
<br />utilized in and about the improvement and construction of Project Nos. CH0302, CH0308, CH0402, CH0403, and CH0406 . In
<br />accordance and in conformity with the provisions of this contract and bond, the project proposal, the standard specification,
<br />supplemental specifications, special provisions, and the limits of the project as shown in the plans approved by Cass County's Engineer
<br />February 19 ,2004, a length of 15.71 miles, the originals of which are on file at the Cass County Highway Department, and all of
<br />which are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth in the body of this
<br />agreement. References in the Standard Specifications for Road and Bridge Construction, 2002 edition, to the North Dakota Department
<br />of Transportation or Department must be construed as refen-ing to the owner. Likewise, a reference by the same works to engineer or
<br />director must be construed as refen-ing 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 />One Million Nine Hundred Nine Thousand Five Hundred Twentv-seven and 31/100 ($ 1,909,527.31), payments to be made as
<br />provided in said specifications upon presentation of the proper certificates of the County Engineer, or his representatives, and under the
<br />terms of this contract.
<br />
<br />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
<br />direct supervision and to the entire satisfaction of the County Highway Department, subject at all times to the inspection and approval of
<br />the engineer.
<br />
<br />4. The decision of the engineer upon questions connected with the execution of this agreement or any failure or delay in the
<br />prosecution of the work by the Contractor shall be final and conclusive.
<br />
<br />5. In the employment of labor, other things being equal, preference shall be given to honorably discharged Veterans of the
<br />Armed Forces, and bona fide North Dakota residents, as determined by NDCC Section 43-07-20.
<br />
<br />6. The Contractor shall begin construction work when so ordered by the Cass County Highway Department and shall maintain
<br />at all times thereon a maximum and efficient working force necessary to complete the work within the time established by this contract.
<br />
<br />of
<br />
<br />IN WITNESS THEREOF, the parties to this contract have set their hands and seal this
<br />2004.
<br />
<br />day
<br />
<br />CASS COUNTY NORTH DAKOTA
<br />
<br />Chairman, Cass County Board of Commissioners
<br />
<br />Contractor
<br />
<br />WITNESS TO CONTRACTOR'S SIGNATURE
<br />
<br />By
<br />
<br />Title
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<br />J:'Admin,Eng\CotnnÙssion ColTSp:2004 COiTespondence\Contract Central Specialties Inc Bituminous Overlay 031904.doc
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