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PART II <br /> Contracting and Construction: <br /> 1. On behalf of the County, NDDOT will: <br /> a. Prepare the bid proposals, print and distribute the proposals and plans, solicit proposals and <br /> include the project in a scheduled bid opening, as provided in NDCC Chapter 24-02. <br /> b. Evaluate the bids as to the sufficiency of Disadvantaged Business Enterprise (DBE) <br /> participation and the bidders good faith efforts in satisfying the requirements of the current <br /> edition of the DBE special provision, and 49 CFR Part 26. NDDOT shall have exclusive <br /> authority in evaluating the adequacy of DBE participation. <br /> c. Tabulate the bids and send to the County for its determination of the lowest responsible bidder <br /> and the execution of the contract. <br /> d. Concur in the award of the contract for the sole purpose of enabling the County to procure <br /> federal aid for the construction of the project. <br /> e. Distribute copies of the executed contract, plans, and contract documents to the parties. <br /> 2. During the construction of the project, the County will: <br /> a. Provide engineering services, material testing, inspection of the work, and administer the <br /> construction contract as required by the contract documents and the current edition of NDDOT's <br /> Standard Specifications for Road and Bridge Construction and Sampling and Testing Manual. <br /> b. Keep all project records and documentation as required in NDDOT's current edition of the <br /> Construction Records Manual and the Construction Automated Record System. <br /> c. Make all records available to NDDOT and FHWA for inspection upon request. Submit all <br /> documents and records to NDDOT for review before final payment is made. NDDOT will <br /> maintain the project records for three years from the final voucher date of FHWA and then <br /> return them to the County. <br /> d. Be responsible for any changes in plan, character of work, quantities, site conditions, or any <br /> claim for extra compensation. NDDOT will review all contract adjustments to determine if the <br /> adjustments are eligible for federal aid. Federal aid shall be limited to the amount stated on <br /> page one of this agreement. <br /> PART III <br /> Post Construction: <br /> After the project is completed the County agrees to: <br /> 1. Maintain the signing and marking of the project according to the current edition of the Manual on <br /> Uniform Traffic Control Devices for Streets and Highways, as supplemented and amended. <br /> 2. Provide maintenance to the completed project, at its own cost and expense. <br /> 3. Prohibit encroachments upon the right of way pursuant to 23 CFR Part 1.23, Rights of Way, and <br /> Part 710 Subpart D, Right of Way, Real Property Management. <br /> 3 of 6 CLA 19257(Div.38) <br />