c. Maintenance certification for federal highway projects

PART IV General: 1. NDDOT will make all contract payments, on behalf of the County. Payment will be made upon receipt of the engineer's estimate. The County will reimburse NDDOT for all payments made under this contract less the amount paid by FHWA. No costs will be incurred by NDDOT for the construction and maintenance of this project. If the County fails to reimburse NDDOT within 60 days after billing for funds advanced on behalf of the County, this document will constitute an assignment of funds now or hereafter coming into the hands of the state treasurer, which would otherwise be distributed to the County out of the highway tax distribution fund, NDCC 54-27-19. The state treasurer is hereby directed to pay NDDOT all such funds until the total equals the sum billed pursuant to this agreement. 2. The Risk Management Appendix, attached, is hereby incorporated and made a part of this agreement. 3. No official, employee or other person performing services for the`rCounty who is authorized to negotiate or approve any contract or subcontract in'connection with the project shall have any financial or other personal interest in any such contract or subcontract<. No officer or employee of such person retained by the County shall have any-financial or other personal interest in any real property acquired for the project unless such interest is openly disclosed upon public records of NDDOT and of the County, and such officer, employee, or person has not participated in such acquisition for and in behalf of the County, 4. The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the state of that or any other provision. 5. NDDOT requires contracts executed with counties, cities, other state agencies, Indian tribes, colleges, hospitals, and nonprofit businesses to comply with OMB Cir. A-133. 6. All notices, certificates, or other ,communications shall be sufficiently given when delivered or mailed, postage prepaid, to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. Local Government Engineer ND Department of Transportation 608 East Boulevard Avenue Bismarck ND 58505-0700' 7. The County is advised that its signature on this contract or agreement, certifies that the County or any person associated therewith is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction on any matter involving fraud or official misconduct within the past three years. 4 of 6 CLA 19257(Div. 38)