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Section 4. The City shall maintain the right -of -way and keep it free of obstructions, and hold said <br />right -of -way inviolate for public highway purposes. <br />Section 5. The Mayor of the City is hereby authorized on behalf of the City to enter into <br />contracts with ODOT pre - qualified consultants for the preliminary engineering phase of the Project and to <br />enter into contract with the Director of Transportation necessary to complete the above described project. <br />Upon the request of ODOT, the Mayor is also empowered to assign all rights, title an interests of the City <br />to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or <br />corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights <br />and remedies afforded by law or equity. <br />Section 6. The City agrees that if Federal Funds are used to pay the cost of any consultant <br />contract, the City shalt comply with 23 CFR 172 in the selection of its consultant and the administration <br />of the consultant contract. Further the City agrees to incorporate ODOT's "Specifications for Consulting <br />Services" as a contract document in all of its consultant contracts. The City agrees to require, as a scope <br />of services clause, that all plans prepared by the consultant must conform to ODOT's current design <br />standards and that the consult shall be responsible for ongoing consultant involvement during the <br />construction phase of the Project. The City agrees to include a completion schedule acceptable to <br />ODOT's Consultant Evaluation System. <br />Section 7. The Clerk of Council is hereby directed to transmit a certified copy of this legislation <br />to the Director of Transportation. <br />Section 8. It is found and determined that all formal actions of this Council concerning and <br />relating to the passage of this resolution were adopted in an open meeting of this Council, and that all <br />such deliberation of the Council and of any of its committees that resulted in such formal action were in <br />meetings open to the public in compliance with all legal requirements. <br />Section 9. That this resolution is hereby declared to be an emergency measure necessary for the <br />immediate preservation of the public peace, property, health, safety and welfare in the City and for the <br />usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, <br />and provided it receives the affirmative vote of at least five members of Council, this resolution shall take <br />effect and be in force immediately upon its adoption by the Council and approval by the Mayor, or <br />otherwise it shall take effect and be in force after the earliest period allowed by law. <br />Adopted: ! � iirve n _� � �zo I c1 <br />Approved: ?��3 � / <br />resident of Co, f ncil <br />N KA Aq /. L� <br />'Clerk of ouncil <br />/A <br />Ma&iyor <br />