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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 on <br />Uniform Traffic Control Devices for Streets and Highways, as supplemented and amended. <br /> <br /> <br />2. Provide maintenance to the completed project, at its own cost and e~~~~se. <br /> <br />3. Prohibit encroachments upon the right of way pursuant to 23,.CFRPart 1.23, Rights of Way, and <br />Part 710 Subpart D, Right of Way, Real Property Managem~nb~f;:C:;::::~~~",;:" <br /> <br />PART IV <br /> <br />General: <br /> <br />-~-''''' <br /> <br />-.......... <br /> <br />","oYC.'-,",'_-... <br />1. NDDOT will make all contract payments, on befi~tt of the CQQ.g!y. Payment Wm~P? made upon <br />receipt of the engineer's estimate. The County willr~in:!burs~i~QDOT for all payments made under <br />this contract less the amount paid by FHW A. No;:co$tS.:~m be incurred by NDDOT for the <br />construction and maintenance of this project. ":dE::::: <br />~;~:;~~::~~:;.:'~- - " ~~~~., <br />If the County fails to reimburse NDD6twitlifii:'~Q.,:.d~ys afterb1!!fu9 for funds advanced on behalf of <br />the County, this dooument will constitufs';an assignment of funos-:ogw or hereafter coming into the <br />hands of the state treasurer, which would~tberwisi.&~l~~IDbute(Ffg7the County out of the highway <br />tax distribution fund, NDCC:5+?7-19. The.'::$tate,It:easLirea~::pereby directed to pay NDDOT all <br />such funds until the.~~~~ eq'uals?~:~um bille~~~~Sliant to this=8greement. <br /> <br />2. The Risk Manage'fnent Appendi~7Eattached,~:i$\.hereby incorporated and made a part of this <br /> <br />agreement. :.s~~~:, _-:~~~h~:.=,:-_, ~~:'" <br /> <br />3. No official,:~mployee::or.()ther:'~;~7p~rformin~?services for the County who is authorized to <br />negotiatEiff6r~approve anY?J:~6tltract or subc6'~triict in connection with the project shall have any <br />finan9i~ro~r otheFp:~rsonal inte'fest in any such contract or subcontract. No officer or employee of <br />such'person retained by the c<>=LfrlJy shall have any financial or other personal interest in any real <br />prop~!1Y acquired for th~.projecFtirjless such interest is openly disclosed upon public records of <br />NDDQI~,and of the County, and such officer, employee, or person has not participated in such <br />acquisitrg;b.~!or and in behalf,'of the County. <br /> <br />4. The failure6fthe state toehforce any provisions of this contract shall not constitute a waiver by the <br />state of that or arlyother provision. <br /> <br />5. NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br />comply with OMS Cir. A-133. <br /> <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 /> <br />Dave Leftwich <br />Local Government Engineer <br />ND Department of Transportation <br /> <br />40f6 <br /> <br />DOT 19257 (Div. 38) <br />