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of this agreement, sanctions may be imposed by FHW A or NDDOT as may be appropriate, including, but not limited to: a. Withholding of payments to the County under the agreement until the County causes compliance, or b. Cancellation, termination, or suspension of the agreement, in whole or in part. PART II Contracting and Construction: 1. On behalf of the County, NDDOT will: a. Prepare the bid proposals, print and distribute the proposals and plans, solicit proposals and include the project in a scheduled bid opening, as provided in NDCC Chapter 24-02. b. Evaluate the bids as to the sufficiency of Small Business participation and the bidders good faith efforts in satisfying the requirements of the current edition of special provision, Small Business Participation and 49 CFR Part 26, Participation by Disadvantage Business Enterprises in DOT programs. NDDOT shall have exclusive authority in evaluating the adequacy of Small Business participation. c. Tabulate the bids and send to the County for its determination of the lowest responsible bidder and the execution of the contract. d. Concur in the award of the contract for the sole purpose of enabling the County to procure federal aid for the construction of the project. e. Distribute copies of the executed contract, plans, and contract documents to the parties. 2. During the construction of the project, the County will: a. Provide engineering services, material testing, inspection of the work, and administer the construction contract as required by the contract documents and the current edition of NDDOT's Standard Specifications for Road and Bridge Construction, Sampling and Testing Manual, and Construction Manual. b. Keep all project records and documentation as required in NDDOT's current edition of the Construction Records Manual and the Construction Automated Record System. c. Make all records available to NDDOT and FHWA for inspection upon request. Submit all documents and records to NDDOT for review before final payment is made. NDDOT will maintain the project records for three years from the final voucher date of FHW A and then return them to the County. d. Be responsible for any changes in plan, character of work, quantities, site conditions, or any claim for extra compensation. NDDOT will review all contract adjustments to determine if the adjustments are eligible for federal aid. Federal aid shall be limited to the amount stated on page one of this agreement. 3 of 6 DOT 19257 (Div, 38)