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<br />P ART 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 expense. <br /> <br />-- <br /> <br />3. Prohibit encroachments upon the right of way pursuant to 23 _CF.R:Part 1.23, Rights of Way, and <br />Part 710 Subpart D, Right of Way, Real Property Managemem:1~. -::?:~;;_ <br /> <br />PART IV <br /> <br />- <br />- <br />-~ <br />- <br />- <br />- <br />"-... <br />-. <br /> <br />1. NDDOT will make all contract payments, on bet].alL of the County. Payment ;nr~p~ made upon <br />receipt of the engineer's estimate. The County willt~irT}burs~..NE>DOT for all paymenTs made under <br />this contract less the amount paid by FHW A. NO-~CostSViIl be incurred by NDDOT for the <br />construction and maintenance of this pr.oject. _:: <br />-::::=~~ -=- <br />-- - <br /> <br />If the County fails to reimburse NDDOrfw.itfilif60:..d~ys afteri5nilng for funds advanced on behalf of <br />the County, this dooument will constitute~an asSTQrniient of funa~g_w or hereafter coming into the <br />hands of the state treasurer. which woulcr:Q!berwise~~~~~t.ributecflc?~he County out of the highway <br />tax distribution fund, NDCC.:&+27-19. The.:state1ffeasure~bereby directed to pay NDDOT all <br />such funds until the t~tar eq-u'als]Fi~ ~~um billeq.}pu!su-ant to this-agreement. <br /> <br />2. The Risk Management Appendix;attached,~S::::hereby incorporated and made a part of this <br /> <br />agreement.<~::~~:~.. ~_::::;=~_. -~~~. <br /> <br />3. No official,:employee -or:Qth.~rf.~rs'()jf=pertprTl}ing~services for the County who is authorized to <br />negotiate~or~approve anY~Qq!itract or subcofitrad in connection with the project shall have any <br />finan~i~16r othe(:-~~:rsonal interest in any such contract or subcontract. No officer or employee of <br />s~cti';'person retained :oy the CO!lOty shall have any financial or other personal interest in any real <br />prop.~r!Y acquired for fh~J~rojecr:Ui:11ess 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 />acquisiti~I'..;:;f~r and in behatf~C?! the County. <br /> <br />4. The failure 'oOhe state to enforce any provisions of this contract shall not constitute a waiver by the <br />state of that or'ahy.ot~~r provision. <br /> <br />General: <br /> <br />- <br />-- <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 />