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4. That the construction, reconstruction, and/or rearrangement of all <br />utilities shall be done in such a manner as not to interfere unduly <br />with the operation of the contractor constructing the improvement, and <br />all backfilling of trenches made necessary by such utility <br />rearrangements shall be performed in accordance with the provision of <br />the Ohio Department of Transportation Construction and Material <br />Specifications and sha71 be subject to approval by the .COUNTY. <br />5. That, if the project utilizes Federal/State Highway Funds, the <br />installation of all utility facilities in the right-of-way shall <br />conform with the requirements of the Federal Highway Administration <br />Policy and Procedure Memorandum 30-4 "Utility Relocation and <br />Adjustments" and the Ohio Department of Transportation rules on <br />Utility Accommodation. <br />H. MISCELLANEOUS <br />1. That if the COUNTY is formally requested by the MUNICIPALITY through <br />Municipal Resolution to include items not eligible under current <br />Cuyahoga County Engineer policies, the COUNTY will do so, provided <br />that this construction meets with the approval of the COUNTY and the <br />MUNICIPALITY involved in this improvement; and that the MUNICIPALITY <br />agrees to pay, or make arrangements for the payment of, the cost of <br />said additional construction and the cost of preliminary and design <br />engineering, but excluding constr-action supervision of said additional <br />work. <br />2. That the MUNICIPALITY hereby agrees that the COUNTY shall be and is <br />hereby saved harmless from any and all damages or claims thereof <br />arising from or growing out of the certification, or obligations made <br />or agreed to in Sections F-l, 2, G-l, 3, and 4 hereinabove. <br />3. For the purpose of this Agreement, the agent for the COUNTY and <br />liaison officer on the matter contained herein shall be the County <br />Engineer of Cuyahoga County, Ohio, and/or such members of his staff as <br />he may designate. <br />I. AUTHORITY TO SIGN <br />1. That the Mayor of said MUNICIPALITY is hereby empowered and directed <br />on behalf of the MUNICIPALITY to enter into agreements with the COUNTY <br />necessary to complete the planning and construction of this <br />improvement. <br />2. That the Mayor of said MUNICIPALITY is hereby empowered and directed <br />on behalf of the MUNICIPALITY to make application to the Cuyahoga <br />County Board of Commissioners for approval to use County Motor Vehicle <br />License Tax Funds for the improvement. <br />-3- <br />