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. Remedies <br />This Agreement shall not be considered as specifying the exclusive remedy for any Agreement <br />default, but all remedies existing at law and in equity may be availed of by either party to this <br />Agreement and shall be cumulative. <br />8. Utilities <br />The party named in article 1, Responsible Parties, under AGREEMENT shall be responsible <br />for the adjustment, removal, or relocation of utility facilities in accordance with applicable state <br />laws, regulations, rules, policies, and procedures, including any cost to the State of a delay <br />resulting from the Local Government's failure to ensure that utility facilities are adjusted, <br />removed, or relocated before the scheduled beginning of construction. The Local Government <br />will not be reimbursed with State funds for the cost of required utility work. The Local <br />Government must obtain advance approval for any variance from established procedures. <br />Before a construction contract is let, the Local Government shall provide, at the State's <br />request, a certification stating that the Local Government has completed the adjustment of all <br />utilities that must be adjusted before construction is completed. <br />9. Environmental Assessment and Mitigation <br />Development of a transportation project must comply with applicable environmental laws. The <br />party named in article 1, Responsible Parties, under AGREEMENT is responsible for the <br />following: <br />A. The identification and assessment of any environmental problems associated with the <br />development of a local project governed by this Agreement. <br />B. The cost of any environmental problem's mitigation and remediation. <br />C. Providing any public meetings or public hearings required for the environmental <br />assessment process. Public hearings will not be held prior to the approval of Project <br />schematic. <br />D. The preparation of the NEPA documents required for the environmental clearance of <br />this Project. <br />If the Local Government is responsible for the environmental assessment and mitigation, <br />before the advertisement for bids, the Local Government shall provide to the State written <br />documentation from the appropriate regulatory agency or agencies that all environmental <br />clearances have been obtained. <br />10. Compliance with Accessibility Standards <br />All parties to this Agreement shall ensure that the plans for and the construction of all projects <br />subject to this Agreement are in compliance with standards issued or approved by the Texas <br />Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum <br />accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). <br />11. Procurement Standards <br />For projects being managed by the Local Government and on the State highway system or <br />that include state funding, the Local Government must obtain approval from the State for its <br />Page 5 of 12 <br />AFA NonFed LonGen Rev. 11/20/2017 <br />