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<br />PART I <br /> <br />County Obligation: <br /> <br />1. To comply with the Disadvantaged Business Enterprise (DBE) requirements established by NDDOT <br />for the project. <br /> <br />The County shall not discriminate on the basis of race, color, national origin, or sex in the award <br />and performance of any USDOT-assisted contract or in the administration 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 to ensure nondiscrimination in the award and administration of USDOT-assisted . <br />contracts. NDDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is <br />incorporated by reference in this agreement. Implementation of this program is a legal obligation <br />and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification <br />to the County of its failure to carry out its approved program, the USDOT may impose sanctions as <br />provided for under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 <br />U.S.C. 3801 et. seq.). . <br /> <br />Include the following paragraph verbatim in any subcontracts they sign relative to this project: <br /> <br />The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, <br />or sex in the performance of this contract. The contractor shall carry out applicable <br />requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. <br />Failure by the contractor to carry out these requirements is a material breach of this contract, <br />which may result in the termination of this contract 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 CFR Part <br />635, Construction and Maintenance. <br /> <br />3. To construct the project in conformity with the construction contract. Changes to the plans shall <br />meet the requirements of the current edition of NDDOT's Local Government Manual and 23 CFR <br />Part 625, Design Standards for Highways. <br /> <br />4. Comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 STAT. 252), <br />the regulations of the Federal Department of Transportation, 49 CFR Part 21, and Executive Order <br />11246, relative to the employment practices under any engineering contract awarded in conjunction <br />with this agreement. If the County fails to comply with the federal or state civil rights requirements <br />of this agreement, sanctions may be imposed by FHWA or NDDOT as may be appropriate, <br />including, but not limited to: <br /> <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 />Part II <br /> <br />Contracting and Construction: <br /> <br />1. On behalf of the County, NDDOT will: <br /> <br />2 of 5 <br /> <br />DOT 19257 (Div. 38) <br />