2004 034 Ordinance - Laserfiche WebLink

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3. 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 done at such time as requested by the COUNTY. 4. 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, and shall be subject to approval by the COUNTY. 5. 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. H. NIISCELLANEOUS That if the COUNTY is formally requested by the MUNICIPALITY through Municipal Resolution to includes the construction of sanitary sewers, waterlines, area sewers (drainage of area surrounding the improvement), alternate bid item, or other items in the improvement that are in addition to those now existing and not provided for elsewhere in this agreement, 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 MLJNICIALTTY agrees to pay, or make arrangements for the payment of, the cost of said additional construction and the cost of preliminary and design engineering, but excluding construction supervision of said additional work. 2. That the MUNICIPALITY hereby agrees that COUNTY shall be and is hereby saved harmless from any and all damages or claims thereof arising from or growing out of the certification or obligations made or agreed to in Section F-1, 2, G-1, 3, and G-4 hereinabove. 3. For the purpose of this Agreement, the agent for the COUNTY and liaison officer on the matter contained herein shall be the County Engineer of Cuyahoga County, Ohio, and/or such members of his staff as he may designate. -4-