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PID No. 75516 SECTION IV - Utilities and Right -of -Way Statement The LPA agrees to acquire and/or make available to ODOT, in accordance with current State and Federal regulations, all necessary right -of -way required for the described Project. The LPA also understands that right -of -way costs include eligible utility costs. The LPA agrees to be responsible for all utility accommodation, relocation, and reimbursement and agrees that all such accommodations, relocations, and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual. SECTION V - Maintenance The LPA shall maintain the right -of -way and keep it free of obstructions, and hold said right -of -way inviolate for public highway purposes. SECTION VI - Consultants and Authority to Sign The Mayor of said City is hereby empowered on behalf of the City to enter into contracts with ODOT pre - qualified consultants for the preliminary engineering phase of the Project and to enter into contracts with the Director of Transportation necessary to complete the above described project. Upon the request of ODOT, the Mayor is also empowered to assign all rights, title, and interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity. The LPA agrees that if Federal Funds are used to pay the cost of any consultant contract, the LPA shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further the LPA agrees to incorporate ODOT's "Specifications for Consulting Services" as a contract document in all of its consultant contracts. The LPA agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT's current design standards and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Project. The LPA agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant's performance through ODOT's Consultant Evaluation System. Passed: �� 5 , 200 I� DATE Attested: CLERK �l Attested: TITLE C1 %7j0'-1 � PRESIDENT OF COUNCIL This ordinance is hereby declared to be an emergency measure to expedite the highway project(s) and to promote highway safety. Following appropriate legislative action, it shall take effect and be in force immediately upon its passage and approval, otherwise it shall take effect and be in force from and after the earliest period allowed by law. The reason for the emergency is so that evidence of the City's adoption of this consent legislation may be transmitted to ODOT in accordance with ODOT's time schedule for this project.