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CFDA #20.205 <br /> <br />North Dakota Department of Transportation <br />CONSTRUCTION AND MAINTENANCE AGREEMENT <br />COUNTY FEDERAL AID PROJECT <br /> <br />Project No. SC-0941 (059) Cass County <br /> <br />Location: 1-94 North in Mapleton <br />Type of Improvement: Turn Lane & Bituminous Overlay <br /> <br />Length: 0.362 Mi. <br /> <br />This contract is between the state of North Dakota, acting by and through its Director of Transportation, <br />hereinafter referred to as NDDOT, whose address is 608 East Boulevard Avenue, Bismarck, North <br />Dakota 58505-0700, and Cass County, North Dakota, <br />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 according <br />to the terms and conditions set forth in this agreement. NDDOT will assist the County with the <br />preparation and distribution of the bid documents and include the project in a scheduled bid opening. <br /> <br />The County agrees to the terms and conditions 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 United <br />States Code. Federal funds will be provided under item a : <br /> <br />a. Federal funds obligated for this project shall not exceed 80.93 percent of the total eligible <br /> project cost up to a maximum of $ 75,000.00 <br /> <br />b. Federal funds obligated for this project shall not exceed <br /> project cost. <br /> <br />NA <br /> <br />percent of the total eligible <br /> <br />The balance of the project cost is the obligation of the County. The total eligible project costs include <br />the cost of those items shown in the engineer's detailed estimate as approved for federal funds and any <br />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 approval of <br />the program documents for the project. <br /> <br />PARTI <br /> <br />County Obligation: <br /> <br />1. To comply with the Disadvantaged Business Enterprise (DBE) requirements established by NDDOT <br /> for the project. <br /> <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 the <br />requirements of 49 CFR Part 26. The County shall take all necessary and reasonable steps under <br />49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted <br />contracts. NDDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is <br />incorporated by reference in this agreement. Implementation of this program is a legal obligation <br />and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification <br />to the County of its failure to carry out its approved program, the USDOT may impose sanctions as <br />provided for under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 <br />U.S.C. 3801 et. seq.). <br /> <br />1 of 5 <br /> <br /> <br />