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A. "Improvement Inspection" shall mean an annual inspection of the IMPROVEMENT to <br />determine the condition, safety and maintenance needs of the IMPROVEMENT. A letter <br />shall be provided by the CITY to ODOT summarizing their findings and action plan if <br />necessary. In addition to an annual inspection, Improvement Inspection shall include <br />responding to public and ODOT complaints as needed. <br />B. "Routine Improvement Maintenance" shall mean all ordinary and normal care and work, <br />inclusive of, but not limited to, painting, furnishing electric power, and maintenance of the <br />IMPROVEMENT, appurtenances, connections and attachment modifications. <br />C. 'Repairs" shall mean all work necessary to restore the IMPROVEMENT to a sound <br />state after decay, corrosion, or damage has occurred. <br />3.2 The CITY agrees in connection with both the initial construction as well as during all <br />inspection and maintenance activities as provided herein, to keep IR -480 open to traffic at <br />all times, unless otherwise approved between the parties in advance of beginning such <br />activities. <br />3.3 The CITY agrees to perform all maintenance activities required by industry practices to <br />maintain the IMPROVEMENT in an attractive manner. <br />3.4 All work requiring vehicles and workers on the pavement or shoulders shall comply with <br />all of the requirements of the Ohio Manual of Uniform Traffic Control Devices and Item <br />614 (Maintaining Traffic) of the Ohio Department of Transportation Construction and <br />Materials Specifications. Failure to comply with the requirement will be cause for <br />immediate suspension of work until the proper traffic control devices have been provided. <br />3.5 The CITY, upon completion of the work, shall leave the highway clean of all rubbish, <br />excess material, equipment and all parts of the highway disturbed by maintenance activities <br />associated with the IMPROVEMENT shall be left in an acceptable condition. <br />3.6 The CITY agrees to perform, at no cost to ODOT, all Improvement Inspections, Routine <br />Improvement Maintenance, and repairs necessary for the life of the IMPROVEMENT. The <br />CITY is responsible for any injury or damage to persons or property resulting from <br />negligent design, inspection, construction or maintenance of the IMPROVEMENT, <br />appurtenances, connections or attachment modifications. <br />3.7 In the event that ODOT determines that the IMPROVEMENT has fallen into a state of <br />disrepair, ODOT shall notify the CITY of that determination in writing. If the CITY then <br />fails to perform necessary repairs within thirty (30) days after delivery of such notice, <br />ODOT may make or arrange for the necessary repair, or, if required under ODOT standards <br />then effect at the time, may remove deteriorated portions of the IMPROVEMENT, at the <br />expense of the CITY and shall invoice the CITY for such costs. <br />Page 3 of 7 <br />