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Last modified
8/19/2009 3:05:22 PM
Creation date
11/5/2014 12:24:54 PM
Metadata
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Template:
City Ordinances
Passed
1/30/2006
Ordinance Number
6612
Bill Number
8845
Introdate
12/12/2005
Description
Agreement with MODOTfor maintenance of ornamental lighting, paved shoulder & sidwalk streetscape on Commission Righ-of-Way
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<br />. I <br /> <br />(4) PLANS: The City shall have detailed plans prepared at no cost to the <br />commission, which are to be submitted to the Commission's District Engineer for the <br />Commission's review and approval. The Commission's District Engineer, in his/her <br />sole discretion, may require modifications to the plans prior to approving the plans. <br /> <br />(5) SIGNALS: All pavement marking, signs, and traffic signals installed <br />with the proposed improvements shall be in accordance with the latest revision of <br />the Manual on Uniform Traffic Control Devices for Streets and Highways. <br /> <br />(6) RELOCATION: The City shall secure the removal, relocation or <br />adjustment of any public or private utilities located on private easements or public <br />right-of way, if the construction of the herein contemplated improvements so <br />required, without cost to the Commission. <br /> <br />(7) INSPECTION: The City will allow inspection of the maintenance <br />activities of the herein contemplated improvements by the Commission's District <br />Engineer, or his authorized representative, at any time and shall take no attempts to <br />prevent said inspection. Within thirty (30) days following notice by the City to the <br />Commission that construction is complete, the Commission will inspect the work to <br />determine that it is acceptable. The ornamental lighting will not be placed in <br />operation until the Commission authorizes. <br /> <br />(8) INDEMNIFICATION: The City shall indemnify and save harmless the <br />Commission and its agents, servants, assigns, and employees from damages or <br />claims for damages arising from, or as a result of, the actions or omission, whether <br />negligent or not, of the City or its agents or employees in connection with and during <br />the construction and maintenance of the herein contemplated improvements. If the <br />Commission should expend any funds, except as otherwise provided herein, in <br />connection with the construction of the herein contemplated improvements, the City <br />shall reimburse the Commission for same. <br /> <br />(9) MAINTENANCE: The city is responsible for maintaining all items <br />covered by this agreement in fully operational, safe and aesthetically acceptable <br />condition. All future alterations, modifications, or maintenance, including electrical <br />current, of the ornamental lighting, paved shoulder, and sidewalk streetscape <br />features will be the responsibility of the City. The City, at its cost, shall supply <br />electrical current to operate the ornamental lighting. <br /> <br />(10) PERMITS: Before beginning work, the City shall secure from the <br />Commission's District Engineer a permit for the proposed improvement. The City <br />shall comply with any additional conditions placed on the permit by the Commission. <br /> <br />(11) BOND: The City shall secure sufficient bond, as determined by the <br />Commission's District Engineer or his authorized representative, for the construction <br />of the proposed improvement on Commission right-of-way. <br /> <br />-2- <br />
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