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0'- "1 -. <br />I; H <br />i; <br />i? <br />3. That it is hereby agreed that the MUNICIPALITY shall, at its own <br />expense, make all rearrangements of governmentally-owned utilities <br />and/or appurtenances thereto which do not comply with the provisions <br />of the Ohio Department of Transportation Directive 28-A, whether <br />inside or outside the corporate limits, as may be necessary to conform <br />to the said improvement, and said rearrangements shall be done at such <br />time as requested by the 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 <br />with the operation of the contractor constructing the improvement, and <br />all backfilling of trenches made necessary by such utility <br />rearrangements shall be performed in accordance with the provision of <br />the Ohio Department of Transportation Construction and Material <br />Specifications and shall be subject to approval by the COUNTY. <br />MISCELLANEOUS <br />l. That if the COUNTY is formally requested by the MUNICIPALITY through <br />Municipal Resolution to include the construction of sanitary sewers, <br />waterlines, area sewers (drainage of area surrounding the <br />improvement), alternate bid items, or other items in the improvement <br />that are in addition to those now existing and not provided for <br />elsewhere in this agreement, the COUNTY will do so, provided that this <br />construction meets with the approval of the COUNTY and the <br />MUNICIPALITY involved in this improvement; and that <br />the MUNICIPALITY agrees to pay, or make arrangements for the payment <br />of, the cost of said additional construction and the cost of <br />preliminary and design engineering, but excluding construction <br />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 <br />arising from or growing out of the certification or obligations made <br />or agreed to in Sections F-l, 2, G-l, 3, and 4 hereinabove. <br />3. For the purpose of this Agreement, the agent for the COUNTY and <br />liaison officer on the matter contained herein shall be the County <br />Engineer of Cuyahoga County, Ohio, and/or such members of his staff as <br />he may designate. <br />-4-