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<br />not less than 10 (ten) years after completion. The separate agreement must define the <br />responsibilities of the parties as to the use of the real property and operation and <br />maintenance of the Project after completion. This agreement must be approved by the <br />State prior to its execution. A copy of the executed agreement shall be provided to the <br />State. <br /> <br />6. Utilities <br /> <br />If the required right of way encroaches upon existing utilities and the proposed project <br />requires their adjustment, removal or relocation, the Local Government will be responsible <br />for determining the scope of utility work and notify the appropriate utility company to <br />schedule adjustments. <br /> <br />The Local Government shall be responsible for the adjustment, removal or relocation of <br />utility facilities in accordance with applicable State laws, regulations, rules, policies and <br />procedures. This may include, but is not limited to: 43 TAC ~15.55 relating to Construction <br />Cost Participation; 43 TAC ~21.21 relating to State Participation in Relocation, Adjustment, <br />and/or Removal of Utilities; and, 43 T AC~ 21.31 et seq. relating to Utility Accommodation. <br />The Local Government will be responsible for all costs associated with additional <br />adjustment, removal, or relocation during the construction of the project, unless this work is <br />provided by the owners of the utility facilities: <br />a. per agreement; or <br />b. per all applicable statutes or rules. <br /> <br />Prior to letting a construction contract for a local project, a utility certification must be made <br />available to the State upon request stating that all utilities needing to be adjusted for <br />completion of the construction activity have been adjusted, <br /> <br />7. Environmental Assessment and Mitigation <br /> <br />Development of the Project must comply with the National Environmental Policy Act and the <br />National Historic Preservation Act of 1966, which require environmental clearance of <br />federal-aid projects. <br /> <br />a. The Local Government is responsible for the identification and assessment of any <br />environmental problems associated with the development of the Project. <br />b. The Local Government is responsible for the cost of any environmental problem's mitigation <br />and remediation. <br />c. The Local Government is responsible for providing any public meetings or public hearings <br />required for development of the environmental assessment. <br />d. The Local Government shall provide the State with written certification from appropriate <br />regulatory agency(ies) that identified environmental problems have been remediated. <br /> <br />These costs will not be reimbursed or credited towards the Local Government's financial share of <br />the Project unless specified in the nominating form and approved by the State. <br /> <br />5 <br />