83-87 Repair & improve W117th - Laserfiche WebLink

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Section 6. RIGHT-OF-WAY I. That all existing street and public right-of, way-within ~he' ~,~UNICIPALITY which is necessary for the aforesai~ improvement shall be made av.~ilable therefor. 2. - All right-of-way work on this project should be within the existing right- of-way. 'Section 7. UTILITIES That the MUNICIPALITY will make arrang6ments with an~ obtain agreements from'all privately-owned public utility companies whose lines or structures will be affected bY the said improvement, and said companies have agreed'to make any and all necessary rearrangements in such a manner as to be clear of any construction called for by the plans of said _-improvement, and said companies have agreed to make such necessary rearrangements immediately.after notification by said MUNICIPALITY or the COUNTY. That the COUNTY will participate~in the.costs of alterations of governmentally-owned utility faCilities Which come within the provisions of Ohio Department of Transportation Directive 28-A to the same extent that it participates in the other costs ofthe project, provided, however,- that such participation will not'extend to any additions or betterments of existing facilities. That it is hereby agreed that the MUNICIPALITY shall, at its own expense, make all rearrangements of governmentally owned utilities and/or appurtenances thereto, which do not comply with the provisions of Ohio Department of Transportation Directive 28-A, whether inside or outside the corporate limits, as may be necessary to conform to the said improvement, and said rearrangements shall be donee-at such time as requested by the COUNTY. '~ That the construction, reconstruction, and/or"rearrangement of all utilities shall be done in such a manner as not to interfere unduly with the operation of the contractor constructing 'the improvement, and all backfilling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provision of the Ohio Department of Transportation Construction and Material Specifications ano shall De subject to approval by the COUNTY. That if the project utilizes Federal-Aid Highway Funds, the installation of all utility facilities in the right-of-way shall conform with the requirements of the Federal Highway Administration Policy and_Procedure Memorandum 30-4 "Utility Relocation and Adjustments" and the Ohio Department of Transportation rules on Utility Accommodation. That the MUNICIPALITY hereby agrees that the COUNTY shall be and is hereby saved harmless from any and all damages or claims thereof arising from or ~owing out'of the certification or obligations made or agreed to in Sections 6-1, 7-1, 2, 3 and 4 hereinabove. Section 8. MISCELLANEOUS That if the COUNTY is formally requested by Municipal Resolution to include the construction of sanitary sewers, waterlines, area sewers (drainage of area surrounding the improvement), sidewalks, alternate bid items, or other items in the improvement that are in addition to those now existing and/or not eligible for County funding, the COUNTY will do so, provided that this construction meets with the approval of the COUNTY and the MUNICIPALITY involved in this improvement; and that the MUNICIPALITY agrees to pay the non-federal costs of said additional construction and the cost of engineering.