2004-183 Ordinance - Laserfiche WebLink

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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. 2. That the County will participate in the cost of alterations of governmentally-owned utility facilities which come within the provisions of the Ohio Department of Transportation Directive 28-A to the same extent that it participates in the other costs of the project, provided, however, that such participation will not extend to any additions or betterments of existing facilities. The County's participation will be subject to the funding constraints identified in Section 3 of this agreement. 3. That it is hereby agreed that the Municipality shall, at its own expense, make all arrangements of governmentally-owned utilities and/or appurtenances thereto which do not comply with the provisions of the Ohio Department of Transportation Directive 28-A, whether inside or outside the corporate limits, as may be necessary to conform to the said improvement. 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. SECTION 8: MISCELLANEOUS 1. That the Municipality through a Resolution may include the construction of sanitary sewers, waterlines, area sewers (drainage of area surrounding the improvement), alternate bid items, or other items in the improvement that are in addition to those now existing and not provided for elsewhere in this agreement. The Municipality agrees to pay, or make arrangements for the payment of, the cost of said additional construction and the cost of preliminary and design engineering and construction supervision. 2. 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 growing out of the certification or obligations made or agreed to in Sections 6-1, 7-1, 7-3 and 7-4 hereinabove. 3. For matters relating to this improvement, 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. Passage of this Ordinance automatically rescinds the previously passed Ordinance No. 89-14, adopted by the City of North Olmsted Council on March 21, 1989. 4