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City/ODUT
<br />Agreement No. 24651
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<br />City. Only those costs allowable under Title 23 CFR Part 140 Subpart I, and Title 23
<br />Part 646 Subpart B shall be included in the total project costs; all other costs
<br />associated with railroad work will be at the sole expense of City, or others. City may
<br />request State, in writing and at project expense, to provide railroad coordination and
<br />negotiations. However, State is under no obligation to agree to perform said duties.
<br />Utilities
<br />1. City shall cause to be relocated or reconstructed, all privately or publicly-owned utility
<br />conduits, lines, poles, mains, pipes, and all other such facilities of every kind and
<br />nature where such relocation, or reconstruction is made necessary by the plans of the
<br />project in order to conform the utilities and other facilities with the plans and the
<br />ultimate requirements of the project. Only those utility relocations, which are eligible
<br />for federal-aid participation under the FAPG, Title 23 CFR Part 645 Subpart A, shall
<br />be included in the total project costs; all other utility relocations shall be at the sole
<br />expense of City, or others. City may request State, at project expense and in writing,
<br />to arrange for utility relocations/adjustments lying within City jurisdiction, acting on
<br />behalf of City. This request must be submitted no later than twenty-one (21) weeks
<br />prior to bid let date. However, State is under no obligation to agree to perform said
<br />duties.
<br />2. City shall follow established State utility relocation policy and procedures. The policy
<br />and procedures are available through the appropriate State's Regional Local Agency
<br />Liaison.
<br />Maintenance Responsibilities
<br />1. City shall, upon completion of construction, thereafter maintain and operate the
<br />project at its own cost and expense. In the event a project will. include or affect a state
<br />-highway,. this provision does not address maintenance of that state highway.
<br />General Provisions
<br />1. City further agrees to comply with. all applicable civil rights laws, rules and
<br />.regulations, including Title. V and Section 504 of the Rehabilitation Act of 1973, the
<br />Americans with Disabilities Act of 1990 (ADA), and Titles VI and VII of the Civil
<br />.Rights Act of 1964.
<br />2. City agrees and understands that it will conduct all contracting in compliance with all
<br />applicable federal, state, and local laws, regulations, executive orders and ordinances
<br />applicable to the work including, but not limited to, ORS Chapters 279A 2798, and
<br />279C, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and
<br />2798.270, incorporated herein by reference- and made a part hereof; Title 23 USC,
<br />Federal-Aid Highway Act; Title 41 USC Anti-Kickback Act; Title 42 USC, Uniform
<br />Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended;
<br />OMB .Circular A-133, provisions of FAPG, .Title 23 CFR, Parts 1..11, 140, 710, and
<br />771 and Title 49 CFR Parts 18, 24, and 26, FHWA Contract Administration Reference
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