e. Contract approval
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e. Contract approval
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PART IV <br /> General: <br /> 1. NDDOT will make all contract payments, on behalf of the County. Payment will be made upon <br /> receipt of the engineer's estimate. The County will reimburse NDDOT for all payments made under <br /> this contract less the amount paid by FHWA. No costs will be incurred by NDDOT for the <br /> construction and maintenance of this project. <br /> If the County fails to reimburse NDDOT within 60 days after billing for funds advanced on behalf of <br /> the County, this document will constitute an assignment of funds now or hereafter coming into the <br /> hands of the state treasurer, which would otherwise be distributed to the County out of the highway <br /> tax distribution fund, NDCC 54-27-19. The state treasurer is hereby directed to pay NDDOT all such <br /> funds until the total equals the sum billed pursuant to this agreement. <br /> 2. The Risk Management Appendix, attached, is hereby incorporated and made a part of this <br /> agreement. <br /> 3. No official, employee or other person performing services for the County who is authorized to <br /> negotiate or approve any contract or subcontract in connection with the project shall have any <br /> financial or other personal interest in any such contract or subcontract. No officer or employee of <br /> such person retained by the County shall have any financial or other personal interest in any real <br /> property acquired for the project unless such interest is openly disclosed upon public records of <br /> NDDOT and of the County, and such officer, employee, or person has not participated in such <br /> acquisition for and in behalf of the County. <br /> 4. The failure of the state to enforce any provisions of this contract shall not constitute a waiver by the <br /> state of that or any other provision. <br /> 5. NDDOT requires contracts executed with counties, cities, other state agencies, Indian tribes, <br /> colleges, hospitals, and nonprofit businesses to comply with OMB Cir. A-133. <br /> 6. All notices, certificates, or other communications shall be sufficiently given when delivered or <br /> mailed, postage prepaid, to the parties at their respective places of business as set forth below or at <br /> a place designated hereafter in writing by the parties. <br /> Cass County Chairperson <br /> Local Government Engineer Board of County Commissioners <br /> ND Department of Transportation C/0 County Auditor <br /> 608 East Boulevard Avenue PO Box 2806 <br /> Bismarck ND 58505-0700 Fargo, ND 58108 <br /> 7. The County is advised that its signature on this contract or agreement, certifies that the County or <br /> any person associated therewith is not currently under suspension, debarment, voluntary exclusion, <br /> or determination of ineligibility by any federal agency; has not been suspended, debarred, <br /> voluntarily excluded, or determined ineligible by any federal agency within the past three years; and <br /> has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent <br /> jurisdiction on any matter involving fraud or official misconduct within the past three years. <br /> DaksailDMIT <br /> Deportment of Trawsportittiomj <br /> 4 of 6 CLA 19257(Div. 38) <br />
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