|
<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 />Swanston Equipment Co. 3404 Main Ave. Fargo, ND 58103 party of the second part (hereinafter called Contractor), 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 No. CH04l5. In accordance and in conforn1Ïty with the provisions of
<br />this contract and bond, the proj ect proposal, the standard specification, supplemental specifications, special provisions, and the limits of
<br />the project as shown ill the plans approved by Cass County's Engineer March 10,2004, a length of 299.22 miles, the originals 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 forth in the body of this agreement. References in the Standard Specifications for Road and
<br />Bridge Construction, 2002 edition, to the North Dakota Department of Transportation or Department must be construed as referring to
<br />the owner. Likewise, a reference by the same works to enginec;r 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 />, Ninety-five Thousand Seven Hundred Seven and 19/1 00 ($ 95.707.19 ), paymënts to be made as provided in said specifications upon
<br />presentation of the proper certificates of the County Engineer, or his representatives, and under the 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 [mal and conclusive.
<br />
<br />5. In the employment oflabor, other things being equal, preference shall be given to honorably discharged Veterans of the
<br />Armed Forces, and bona fide North Dakota residents, as determìned 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 />May 2004.
<br />
<br />4th
<br />
<br />day
<br />
<br />CASS COUNTY, NORTH DAKOTA
<br />
<br />Chairpers,m, Cass County Board of Commissioners
<br />
<br />WITNESS TO CONTRACTOR'S SIGNATURE
<br />
<br />Contractor Swanston Equipment Company
<br />
<br />~ ,4 /~a4f
<br />
<br />Opal S. Grunewald, Secretary
<br />
<br />BY~~-
<br />
<br />irgil Muscha
<br />
<br />Title
<br />
<br />President
<br />
<br />J: IAdmin-EngIPROJE CTSISTRJPIN GI2004 S tripinglContract. doc
<br />
|