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<br />PART III <br /> <br />Post Construction: <br /> <br />After the project is completed the County agrees to: <br /> <br />1. Maintain the signing and marking of the project according to the current edition of the Manual Oil <br />Uniform Traffic Control Devices for Streets and Highways, as supplemented and amended. <br /> <br />2. Provide maintenance to the completed project, at its own cost and expense. <br /> <br />3. Prohibit encroachments upon the right of way pursuant to 23 CFR Part 1.23, Rights of Way, and <br />Part 710 Subpart D, Right of Way, Real Property Management. <br /> <br />PART IV <br /> <br />General: <br /> <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 /> <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 <br />such funds until the total equals the sum billed pursuant to this agreement. <br /> <br />2. The Risk Management Appendix, attached, is hereby incorporated and made a part of this <br />agreement. <br /> <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, orperson has not participated in such <br />acquisition for and in behalf of the County. <br /> <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 /> <br />5. NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br />comply with OMB Cir. A-133. ' <br /> <br />40f6 <br /> <br />DOT 19257 (Div. 38) <br />