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CITY OF NORTH OLMSTED <br />- ' -PAGE THREE <br />ORD. N0. 86-37 <br />G. UTILITIES <br />1. That the MUNICIPALITY will make arrangements with and obtain agreements <br />from all privately-owned public utility companies whose lines or structures <br />will be affected by the said improvement, and said companies have agreed to <br />make any and all necessary rearrangements in such a manner as to be clear <br />of any construction called for by the plans of said improvement, and said <br />companies have agreed to make such necessary rearrangements immediately <br />after notification by said MUNICIPALITY or the COUNTY. <br />2. That the COUNTY will participate in the costs of alterations of <br />governmentally-owned utility facilities which come within the provisions of <br />Ohio Department of Transportation Directive 28-A to the same extent that it <br />participates in the other costs of the project, provided, however, that <br />such participation will not extend to any additions or betterments of <br />existing facilities. <br />3. That it is hereby agreed that the MUNICIPALITY shall at its own expense <br />make all rearrangements of governmentally-owned utilities and/or <br />appurtenances thereto which do not comply with the provisions of Ohio <br />Department of Transportation Directive 28-A, whether inside or outside the <br />corporate limits, as may be necessary to conform to the said improvement, <br />and said rearrangements shall be done at such time as requested by the <br />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 with <br />the operation of the contractor constructing the improvement, and all <br />backfilling of trenches made necessary by such utility rearrangements shall <br />be performed in accordance with the provision of the Ohio Department of <br />Transportation Construction and Material Specifications and shall be <br />subject to approval by the COUNTY. <br />5, That, if the project utilizes Federal-Aid Highway Funds, the installation. <br />of all utility facilities in the right-of-way shall conform with the <br />requirements of the Federal Highway Administration Policy and Procedure <br />Memc?randum 30-4 "Utility Relocation and Adjustments" and the Ohio <br />Department of Transportation rules on Utility Accommodation, <br />6. That the MUNICIPALITY hereby agrees that the COUNTY shall be and is hereby <br />saved harmless from any and all damages or claims thereof arising from or <br />growing out of the certification or obligations made or agreed to in <br />Sections F-1, G-1, 2, 3, and 4 hereinabove. <br />H. MISCELLANEOUS <br />1. That if the COUNTY is formally requested by Municipal Resolution to include <br />the construction of sanitary sewers, waterlines, area sewers (drainage of <br />area surrounding the improvement), sidewalks, alternate bid items, or other <br />items in the improvement that are in addition to those now existing, and <br />not provided for elsewhere in this ordinance, the COUNTY will da so, <br />provided that this construction meets with the approval of the COUNTY and <br />the MUNICIPALITY involved in this improvement; and that the h1UNICIPALITY <br />. agrees to pay the non-federal costs of said additional construction and the <br />costs of preliminary and design engineering, but excluding construction <br />supervision of said additional work. <br />2. For matters relating to this improvement, the a,gent for the COUNTY and <br />liaison officer on the matter contained herein shall be the County Engineer <br />of Cuyahoga County. Ohio, and/or such members of his staff as he may <br />designate. <br />- 3 -