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3. In the event the MUNICIPALITY acquires the additional right-of- <br />way, it shall certify that such additional right-of-way is <br />available prior to the public advertisement for bids for the <br />construction contract. All property rights and/or items required <br />to be certified as available for the improvement should be <br />obtained in accordance with the necessary procedures as required <br />by the funding requirements. <br />4. It is understood and agreed that in the event the MUNICIPALITY <br />requests additional items to be included in the improvement <br />pursuant to Section H-1 hereinbelow, that the MUNICIPALITY shall <br />pay the entire cost of any actditional right-of-way necessitated by <br />the inclusion of such additional items. The phrase "cost of <br />right-of-way" is defined to include but not be limited to <br />appraisals, property rights, residual damages, relocation <br />expenses, title and escrow expenses, and other related items. <br />G. UTILITIES <br />1. That the MUNICIPALITY will make arrangements with and obtain <br />agreements from all privately-owned public utility companies whose <br />lines or structures will be affected by the said improvement and <br />said companies have agreed to make any and all necessary <br />rearrangements in such a manner as to be clear of any construction <br />called for by the plans of said improvement, and said companies <br />have agreed to make such necessary rearrangements immediately <br />after notification by said MUNICIPALITY or the COUNTY. <br />2. That the COUNTY will participate in the costs of alterations of <br />governmentally-owned utility facilities which come within the <br />provisions of Ohio Department of Transportation Directive 28-A to <br />the same extent that it participates in the other costs of the <br />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-owned utilities <br />and/or appurtenances thereto which do not comply with the <br />provisions of Ohio Department of Transportation Directive 28-A. <br />whether inside or outside the corporate limits, as may be <br />necessary to conform to the said improvement, and said <br />rearrangements shall be done at such time as requested by the <br />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 <br />unduly with the operation of the contractor constructing the <br />improvement and all backfilling of trenches made necessary by such <br />utility rearrangements shall be performed in accordance with the <br />provision of the Ohio Department of Transportation Construction <br />and Material Specifications and shall be subject to approval by <br />the COUNTY. <br />- 3 -