88-028 Ordinance - Laserfiche WebLink

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1. That the MUNICIPALITY will make arrangements with and obtain agreements f rom 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 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. For the purpose of this Agreement, 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. ? 2. That the MUNICIPALITY shall indemnify and save harmless the COUNTY from and against all suits or claims that may be based upon any injury to persons or damage of property arising out of an error, omission or negligent act. The MUNICIPALITY shall, at their ' expense, defend the COUNTY in all litigation, pay all attorney's ` fees, damages, court costs and other expenses arising out of such litigation or claims incurred in connection therewith. -3- ii