2023-068 Ordinance - Laserfiche WebLink

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3.8 Nothing in the Agreement is intended to modify ODOT's responsibilities under Section 5501.47 of the Ohio Revised Code to perform all necessary inspections of the bridge exclusive of the IMPROVEMENT inspection. 3.9 The parties understand that installation of new custom decorative fencing with attached branding and/or decorative identification of a local community exceed ODOT's standard construction standards and when requested by a municipal corporation to be constructed under an ODOT bridge construction, repair or rehabilitation project (such as PID 105909; CUY-BH-FY2023 Mise), such municipal corporation is required to pay the costs of such design and construction. Accordingly, after completion of the instant IMPROVEMENT, should an interchange modification or a bridge rehabilitation or replacement project require removal of the IMPROVEMENT or portion thereof and the CITY chooses to have the IMPROVEMENT or effected portions thereof replaced or reconstructed, either as part of any ODOT construction project or a project which the CITY administers, the costs of such replacement or reconstruction shall be paid by the CITY. 4 NEGLIGENCE, DEFAULT, AND DISPUTE RESOLUTION 4.1 Neglect or failure of the CITY to maintain the IMPROVEMENT or to comply with any of the terms, conditions, or provisions of this Agreement, including misrepresentation of fact, shall be an event of default, unless such failure is the result of natural disasters, strikes, lockouts, acts of public enemies, insurrections, riots, epidemics, civil disturbances, explosions, orders of any kind of governments of the United States or State of Ohio or any of their departments or political subdivisions, or any other cause not reasonably within the CITY's control. The CITY, however, shall remedy as soon as possible each cause preventing its compliance with this Agreement. 4.2 If notified by ODOT, in writing, that any portion of the IMPROVEMENT is in disrepair, or that it is in violation of any of the terms, conditions, or provisions of this Agreement, and a default has occurred, the CITY shall have thirty (30) days from the date of such notification to remedy the default or, if the remedy will take in excess of thirty (30) days to complete, the CITY shall have thirty (30) days to satisfactorily commence a remedy of the causes preventing its compliance and curing the default situation. Expiration of the thirty days and failure by the CITY to remedy, or to satisfactorily commence the remedy of, the default shall result in ODOT, at its discretion, terminating this Agreement. 4.3 The CITY, upon receiving a notice of termination from COOT for default, shall terminate all contracts and other agreements it has entered into relating to such covered maintenance. 4.4 No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or option seeming to ODOT upon any default by the CITY shall impair any such right or option or shall be construed Page 4 of 7