85-111 Ordinance - Laserfiche WebLink

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_ ..._.., _ ? ? . .?......?.. ..?.. « 1001%.. -,ON additional items to be included in the improvement pursuant to Section H-1 herein below, that the MUNICIPALITY shall pay the entire cost of any additional right-of-way necessitated by the inclusion of such additional items. The phrase "cost of right-of-way" is defined to include but not be limited to appraisals, property rights, residual damages, relocation expenses, title and escrow expenses, and other related items. G. UTILITIES 1. That the MUNICIPALITY will make arrangements with and obtain agreements from all privately owned public utility companies whose lines or structures will be affected by 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 or the COUNTY. 2. That the COUNTY will participate in the costs of alterations of governmentally owned utility facilities which come within the provisions of 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. 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. 6. 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 F-1, G-1, 2, 3, and 4 hereinabove. H. MISCELLANEOUS 1. That if the COUNTY is formally requested by Municipal Resolution to include the construction of sanitary sewers, waterlines, area sewers (drainage of area surrounding the improvement), sidewalks, alternate bid items, or other items in the improvement that are in addition to those now existing, and not provided for elsewhere in this ordinance, 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 MUNICIPALITY agrees to pay the non-federal costs of said additional construction and the costs of preliminary and design engineering, but excluding construction supervision of said additional work. 2. 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 3