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4 4 . <br />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 shall be subject to approval by the COUNTY. <br />H. MISCELLANEOUS <br />1. That if the COUNTY is formally requested by the MUNICIPALITY through <br />Municipal Resolution to include the construction of sanitary sewers, <br />waterlines, area sewers (drainage of area surrounding the <br />improvement), sidewalks, alternate bid items, or other items in the <br />improvement that are in addition to thos-e now existing and not <br />provided for elsewhere in this agreement, the COUNTY will do so, <br />provided that this construction meets with the approval of the COUNTY <br />and the MUNICIPALITY involved in this improvement; and that the <br />MUNICIPALITY agrees to pay, or make arrangements for the payment of, <br />the cost of said additional construction and the cost of preliminary <br />and design engineering, but excluding construction supervision of said <br />additional work. <br />2e 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-1, 2, G-1, 3, and 4 hereinabove. <br />3. For the purpose of this Agreement, the agent for the COUNTY and <br />liaison officer on the matter c.ontained 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. 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 />-4-