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North Dakota Department of Transportation <br />CONSTRUCTION AND MAINTENANCE AGREEMENT <br />COUNTY FEDERAL AID PROJECT <br /> <br />CFDA #20.205 <br /> <br />Project No. BR0-09(026) <br />Location: Bridse on Rush River, 6 Mi. West of Harwood <br />Type oflmprovement:. Structure <br /> <br />County <br /> <br />Length: 0.104 Mi. <br /> <br /> This contract is between the state of North Dakota, acting by and through its Director of Trans- <br /> portation, hereinafter referred to as NDDOT, whose address is 608 East Boulevard Avenue, <br /> Bismarck, North Dakota 58505-0700, and Cass County, <br /> North Dakota, hereinafter referred to as the County, who hereby agree that: <br /> <br /> It is in the best interest of both parties to have the County construct and maintain this project <br /> according to the terms and conditions set forth in this agreement. NDDOT will assist the <br /> County with the preparation and distribution of the bid documents and include the project in a <br /> scheduled bid opening. <br /> <br /> The County agrees to the terms and condit ons required for the project by the Federal Highway <br /> Administration (FHWA). <br /> <br /> NDDOT will procure federal funds for the construction of the project, pursuant to Title 23 of the <br /> United States Code. Federal funds will be provided under item b : <br /> <br /> a. Federal funds obligated for this project shall not exceed N^ percent ofthe total eligi- <br /> ble project cost up to a maximum of $ NA <br /> <br /> b. Federalfundsobligatedforthisprojectshallnotexceed 8o percentofthetotaleligi- <br /> ble project cost. -- <br /> <br />The balance of the project cost is the obligation of the County. The total eligible project costs <br />include the cost of those items shown in the engineer's detailed estimate as approved for fed- <br />eral funds and any project changes approved by NDDOT for the use of federal funds. <br /> <br />Federal funds may not be obligated by the County, prior to Federal Highway Administration <br />approval of the program documents for the project. <br /> <br />County Obligation: <br /> <br />PART I <br /> <br />1. To comply with the Disadvantaged Business Enterprise (DBE) requirements established <br /> by NDDOT for the project. <br /> <br />The County shall not discriminate on the basis of race, color, national origin, or sex in the <br />award and performance of any USDOT-assisted contract or in the administration of its <br />DBE program or the requirements of 49 CFR part 26. The County shall take all necessary <br />and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and <br />administration of USDOT-assisted contracts. NDDOT's DBE program, as required by 49 <br />CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. <br />Implementation of this program is a legal obligation and failure to carry out its terms shall <br />be treated as a violation of this agreement. Upon notification to the County of its failure to <br />carry out its approved program, the USDOT may impose sanctions as provided for under <br /> <br />I of 5 <br /> <br /> <br />