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<br />PART I <br /> <br />Caunty Obligatian: <br /> <br />1. Ta comply with the Disadvantaged Business Enterprise (DBE) requirements established by NDDOT <br />for the project. <br /> <br />The Caunty shall not discriminate on the basis of race, colar, national .origin, or sex in the award <br />and performance of any U8DOT-assisted contract orin the administratian .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 ta ensure nandiscriminatian in the award and administratian .of US DOT-assisted <br />contracts. NDDOT's DBE pragram, as required by 49 CFR Part 26 and as approved by USDOT, is <br />incarparated by reference in this agreement. Implementation .of this pragramis a legal obligatian <br />and failure to carry outils terms shall be treated as a vialatian .of this agreement. Upan notificatian <br />to the County of its failure to carry out its approved pragram, the USDOT may impase sanctians as <br />provided far under 18 U.S.C. 1001 and/ar the Program Fraud Civil Remedies Act .of 1986 (31 <br />U.S.C. 3801 et. seq.). ' <br /> <br />Include the follawing paragraph verbatim in any subcontracts they sign relative ta this praject: <br /> <br />The contractor or subcontractor shall not discriminate an the basis of race, colar, national .origin, <br />.or sex in the performance of this contract: The cantractar shall carry aut applicable <br />requirements .of 49 CFR Part .26. in the award and administratian .of USDOT-assisted cantracts. <br />Failure by the cantractor ta carryoutthese requirements is a material breach .of this cantract, <br />which may result in the termination of this cantract or such other remedy as NDDOT deems <br />appropriate. <br /> <br />2, To comply with requirements of 23 CFR Part 633, Required Contract Provisions, and 23 GFR Part <br />635, Construction and Maintenance. <br /> <br />3. Ta construct the project in confarmity with the construction contract. Changes ta the plans shall <br />meet the requirements ,.of the current .editianaf NDDOT's Local Government Manual and 23 CFR <br />Part 625,Design Standards far Highways. <br /> <br />4. To canstruct the project in confarmity with the approved environmental documents, and implement <br />any measures mitigating the environmental impact of the project. <br /> <br />5. To camply with the procedures .outlined in the current editian .of NDDOT's Local Government <br />Manual. ' <br /> <br />6. Ta comply with the current editian .of NDDOT's Right of Way Acquisition Prqcedures for Local <br />Public Agency Federal Aid Projects. <br /> <br />7. The Caunty will be responsible far any consideration, avoidance, and minimization of impacts upan <br />real property related to this project, such as changes in the grades of streets, inconvenience to <br />pr.operty or business, and any loss .of light, air,. view, 'access, egress, drainage, support, or <br />nuisance. <br /> <br />8. Comply with all the requirementsimpased by Title VI of the Civil Rights Act .of 1964 (78 STAT. 252), <br />the regulations of the Federal Department of Transportatian; 49 CFR Part 21, and Executive Order <br />11246, relative to theemplayment practices under any engineering cantract awarded in canjunction <br />with this agreement. If the Caunty fails to comply with the federal .or state civil rights requirements <br /> <br />2.of6 <br /> <br />DOT 19257 (Div, 38) <br />