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Ordinance No. 2009-15 <br />F. UTILITIES <br />1. That the MUNICIPALITY will make arrangements with and obtain agreements from all <br />privately owned public utility companies whose lines or structures will be affected by the <br />said improvement, and said companies have agreed to make any and all necessary <br />rearrangements in such a manner as to be clear of any construction called for by the plans <br />of said improvement, and said companies have agreed to make such necessary <br />rearrangements immediately after notification by said MUNICII'ALITY. <br />2. That the COUNTY will participate in the cost of alterations of governmentally-owned <br />utility facilities which come within the provisions of Ohio Department of Transportation <br />Directive 28-A to the same extent that it participates in the other costs of the project, <br />provided, however, that such participation will not extend to any additions or betterments <br />of existing facilities. <br />3. That it is hereby agreed that the MUNICIPALITY shall, at its own expense, make all <br />arrangements of governmentally-owned utilities and/or appurtenances thereto which do <br />not comply with the Provisions of Ohio Department of Transportation Directive 28-A, <br />whether inside or outside the corporate limits, as maybe necessary to conform to the said <br />improvement. <br />4. That the construction, reconstruction, and/or rearrangement of all utilities shall be done in <br />such a manner as not to interfere unduly with the operation of the contractor constructing <br />the improvement, and all backfilling of trenches made necessary by such utility <br />rearrangements shall be performed in accordance with the provision of the Ohio <br />Department of Transportation Construction and Material Specifications. <br />G. MISCELLANEOUS <br />1. That if the MUNICIPALLITY includes the construction of sanitary sewers, waterlines, <br />area sewers (drainage of area surrounding the improvement), alternate bid items, or other <br />items in the improvement that are in addition to those now existing and not provided for <br />elsewhere in this agreement, the MUNICIPALITY agrees to pay, or make arrangements <br />for the payment of, the cost of said additional construction, the cost of preliminary and <br />design engineering, and construction supervision. <br />2. That the MUNICIl'ALITY shall be solely responsible for the certification or obligations <br />made or agreed to in Sections F-1, F-2, G-l, G-3, and G-4, and hereby agrees that the <br />COUNTY shall be and is hereby released from any and all damages or claims of the <br />MUNICIPALITY arising from or growing out of the certifications or obligations made or <br />agreed to in said Sections F-1, F-2, G-1, G-3, and G-4 hereinabove. <br />3. For matters relating to this improvement, the agent for the COUNTY and liaison officer <br />on the matter contained herein shall be the County Engineer of Cuyahoga County, Ohio, <br />and/or such members of his staff as he may designate. <br />4 <br />