c. Maintenance certification for federal highway projects

Federal funds may not be obligated by the County, prior to Federal Highway Administration approval of the program documents for the project. PART I County Obligation: 1. To comply with the Disadvantaged Business Enterprise (DBE) requirements established by NDDOT for the project. The County shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The County shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. NDDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the County of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et. seq.). Include the following paragraph verbatim in any subcontracts they sign relative to this project: a. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as NDDOT deems appropriate: 2. To comply with requirements of 23 CFR"P,art 633, Required Contract Provisions, and 23 CFR Part 635, Construction and Maintenance 3. To construct the project in conformity with the construction contract. Changes to the plans shall meet the requirements„of the current;edition of NDDOT's Local Government Manual and 23 CFR Part 625,°Design Standards for Highways. 4. To construct the project in conformity with the approved environmental documents, and implement any measures mitigating the environmental impact of the project. 5. To comply with the procedures outlined in the current edition of NDDOT's Local Government Manual. 6. To comply with the current edition of NDDOT's Right of Way Acquisition Procedures for Local Public Agency Federal Aid Projects. 7. The County will be responsible for any consideration, avoidance, and minimization of impacts upon real property related to this project, such as changes in the grades of streets, inconvenience to property or business, and any loss of light, air, view, access, egress, drainage, support, or nuisance. 8. To comply with the requirements of Appendix A of the Title VI Assurances, attached and incorporated by reference herein. 2 of 6 CLA 19257(Div. 38)