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<br />? <br />? <br />? <br />4. That the construction, reconstruction, and/or rearrangement of all utilities shall <br />be done in such a manner as not to interfere unduly with the operation of the <br />contractor constructing the improvement, and all backfilling of trenches made <br />necessary by such utility rearrangements shall be performed in accordance with <br />the provision of the Ohio Department of Transportation Construction and <br />Material Specifications and shall be subject to approval by the COUNTY. <br />MISCELLANEOUS <br />1. That if the COUNTY is formally requested by the MUNICIPALITY through <br />Municipal Resolution to include the construction of sanitary sewers, waterlines, <br />area sewers (drainage of area surrounding the improvement), alternate bid <br />items, or other items in the improvement that are in addition to those now <br />existing and not provided for elsewhere in this agreement, the COUNTY will do <br />so, provided that this construction meets with the approval of the COUNTY and <br />the MUNICIPALITY involved in this improvement; and that the <br />MUNICIPALITY agrees to pay, or make arrangements for the payment of, the <br />cost of said additional construction and the cost of preliminary and design <br />engineering, but excluding construction supervision of said additional work. <br />2. That the MUNICIPALITY hereby agrees that the COUNTY shall be and is <br />hereby saved harmless from any and all damages or claims thereof arising from <br />or growing out of the certification or obligations made or agreed to in Sections <br />F-1, 2, G-1, 3, and 4 hereinabove. <br />3. For the purpose of this Agreement, the agent for the COUNTY and liaison <br />officer on the matter contained herein shall be the County Engineer of <br />Cuyahoga County, Ohio, and/or such members of his staff as he may designate. <br />IN WITNESS WHEREOF, the Parties hereto have affixed their signatures the day and <br />mentioned above. <br />NESS: -, <br />? <br />:rk of Council <br />L <br />ckseal/Agr <br />-4- <br />BOARD OF COUNTY COMMISSIONERS