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• ' . . ? ,?,.? <br />2. That the COUNTY will participate in the cost of alterations of <br />governmentally-owned utility facilities which come within the <br />provisions of Ohio Department of Transportation Directive HP-508 <br />to the same extent that it participates in the other costs of <br />the project, provided, however, that such participation will not <br />extend to any additions or betterments of existing facilities. <br />3. That it is hereby agreed that the MUNICIPALITY shall, at its own <br />expense, make all rearrangements of governmentally-ovmed <br />utilities and/or appurtenances thereto which do not comply with <br />the provisions of Ohio Department of Transportation Directive <br />HP-508, whether inside or outside the corporate limits, as may <br />be necessary to conform to the said improvement. <br />4. That the construction, reconstruction, and/or rearrangement of <br />all utilities shall be done in such a manner as not to interfere <br />unduly with the operation of the contractor constructing the <br />improvement, and all backfilling of trenches made necessary by <br />sueh utility rearrangements shall be performed in accordance <br />with the provision of the Ohio Department of Transportation <br />Construction and Material Specifications. <br />H. MISCELLANEOUS <br />l. That if the MUNICIPALITY includes the construction of sanitary <br />sewers, waterlines, area sewers (drainage of area surrounding <br />the improvement), alternate bid items, or other items in the <br />improvement that are in addition to those now existing, and not <br />provided for elsewhere in this agreement, the MUNICIPALITY <br />agrees to pay, or make arrangements for the payment of, the cost <br />of said additional construction, the cost of preliminary and <br />design engineering, and construction supervision. <br />2. That the MUNICIPALITY hereby agrees to accept responsibility for <br />any and all damages or claims for which it is legally liable <br />arising from the negligence of its officers, employees or agents ; <br />in the performance of the MUNICIPALITY's obligations made or <br />agreed to in Section F-1, F-2, G-1, G-2, G-3, G-4 and G-5 , <br />hereinabove. <br />3. For matters relating to this improvement, the agent for the <br />COUNTY and liaison officer on the matter contained herein shall <br />be the County Engineer of Cuyahoga County, Ohio, and/or such <br />members of his staff as he may designate. <br />-4-