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