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2. That the COUNTY will participate in the costs of alterations of <br />governmentally-owned utility facilities which come within the <br />provisions of Ohio Department of Transportation Directive 28-A to <br />the same extent that it participates in the other costs of the <br />project, provided, however, that such participation will not extend <br />to any additions or betterments of existing facilities. <br />3. That it is hereby agreed that the MUNICIPALITY shall, at its own <br />expense, make all rearrangements of governmentally owned utilities <br />and/or appurtenances thereto, which do not comply with the <br />provisions of Ohio Department of Transportation Directive 28-A, <br />whether inside or outside the corporate limits, as may be necessary <br />to conform to the said improvement, and said rearrangements shall be <br />done at such time as requested by the COUNTY. <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, <br />and all backfilling of trenches made necessary by such utility re- <br />arrangements 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 />5. That if the project utilizes Federal-Aid 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 />6. 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, G-1, 2, 3, and 4 hereinabove. <br />H. MISCELLANEOUS <br />1. That if the COUNTY is formally requested by the MUNICIPALITY to <br />include the construction of sanitary sewers, waterlines, area sewers <br />(drainage of area surrounding the improvement), sidewalks, alternate <br />bid items, or other items in the improvement that are in addition to <br />those now existing and/or not eligible for County funding, the <br />COUNTY will do so, provided that this construction meets with the <br />approval of the COUNTY and the MUNICIPALITY involved in this <br />improvement; and that the MUNICIPALITY agrees to pay the non-federal <br />costs of said additional construction and the cost of engineering. <br />2. For matters relating to this improvement, the agent for the COUNTY <br />and liaison officer on the matter contained herein shall be the <br />County Engineer of Cuyahoga County, Ohio, and/or such members of his <br />staff as he may designate. <br />3. Passage of this Ordinance repeals Ordinance No. 88-80 previously <br />adopted July 6, 1988. <br />-4- <br />