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<br />a. Withholding of payments to the County under the agreement until the County causes <br />compliance, or <br /> <br />b. Cancellation, termination, or suspension of the agreement, in whole or in part. <br /> <br />P ART II <br /> <br />Contracting and Construction: <br /> <br />1. On behalf of the County, NDDOT will: <br /> <br />a. Prepare the bid proposals, print and distribute the proposals and plans, solicit proposals and <br />include the project in a scheduled bid opening, as provided in NDCC Chapter 24-02. <br /> <br />b. Evaluate the bids as to the sufficiency of Small Business participation and the bidders good faith <br />efforts in satisfying the requirements of the current edition of special provision, Small Business <br />Participation and 49 CFR Part 26, Participation by Disadvantage Business Enterprises in DOT <br />programs. NDDOT shall have exclusive authority in evaluating the adequacy of Small Business <br />participation. <br /> <br />c. Tabulate the bids and send to the County for its determination of the lowest responsible bidder <br />and the execution of the contract. <br /> <br />d. Concur in the award of the contract for the sole purpose of enabling the County to procure <br />federal aid for the construction of the project. <br /> <br />e. Distribute copies of the executed contract, plans, and contract documents to the parties. <br /> <br />2. During the construction of the project, the County will: <br /> <br />a. Provide engineering services, material testing, inspection of the work, and administer the <br />construction contract as required by the contract documents and the current edition of NDDOT's <br />Standard Specifications for Road and Bridge Construction, Sampling and Testing Manual, and <br />Construction Manual. <br /> <br />b. Keep all project records and documentation as required in NDDOT's current edition of the <br />Construction Records Manual and the Construction Automated Record System. <br /> <br />c. Make all records available to NDDOT and FHW A for inspection upon request. Submit all <br />documents and records to NDDOT for review before final payment is made. NDDOT will <br />maintain the project records for three years from the final voucher date of FHW A and then <br />return them to the County. <br /> <br />d. Be responsible for any changes in plan, character of work, quantities, site conditions, or any <br />claim for extra compensation. NDDOT will review all contract adjustments to determine if the <br />adjustments are eligible for federal aid. Federal aid shall be limited to the amount stated on <br />page one of this agreement. <br /> <br />3 of 6 <br /> <br />DOT 19257 (Div. 38) <br />