Res 2006-096 - Laserfiche WebLink

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TxDOT Contract No. PT 2005-001-01 d. The Developer is responsible for the preparation of all documents required for the environmental clearance of the Project. e. The Developer shall provide the Department with final drafts of all necessary requests for permits, reports, and findings relating to the Natural Resources Code, Chapter 191, and Section 106 of the National Historic Preservation Act, and the Department is responsible for making all necessary filings with the appropriate agencies. The Department is responsible for all coordination under those acts and will provide copies of that coordination to the Developer. The Developer is responsible for obtaining all other permits and is responsible for obtaining all permits and approvals resulting from changes that occur after environmental approval is first obtained, except as otherwise required by law or by agreement between the Department and a state or federal agency. The Department is responsible for obtaining those approvals in accordance with law or with the Department's agreements with those agencies. f. Before construction is begun, the Developer shall provide the Department with written certification and documentation showing that all required environmental permits, issues, and commitments have been or will be completed. The Developer will provide the Department with copies of all permit applications and approvals from each regulatory agency with environmental jurisdiction over the Project. g. All environmental reports and findings shall comply with the latest version of the Department's manuals. The Developer shall provide the Department with physical and electronic copies of all environmental documentation in a format approved by the Department. 6. Right of Way and Real Property a. The Developer is responsible for the provision and acquisition of any needed right of way or real property to be placed in the State's name. The Developer shall also secure and provide the Department with easements over any other land in addition to normal highway right of way as indicated on the right of way map. This property is referenced in this agreement as New Right of Way. b. Except as otherwise authorized by applicable state and federal policy and regulations for early acquisition, the Developer shall not proceed with the acquisition of the required right of way until the public involvement and environmental clearance procedures have been completed and right of way maps and field notes have been prepared. To the extent authorized by applicable state and federal policy and regulations for early acquisition and entirely at its own risk, the Developer may proceed with the acquisition of the required right of way before the public involvement and environmental clearance procedures have been completed and right of way maps and field notes have been prepared. c. The Developer must comply with all applicable state and federal laws, regulations, policies, and procedures including the requirements of the Right of Way Manual Collection of the Department's Online Manual System and Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. ~4601 et seq. Documentation to support compliance must be maintained. The Developer must obtain advance approval from the Department for any variance in established procedures. The Department's executive director may exercise discretion in authorizing an alternative procedure if it is sufficient to discharge the Department's responsibilities for acquiring real property. d. The Developer is responsible for any required relocation assistance along the route of the New Right of Way as may be determined to be eligible under the relocation assistance program. The relocation assistance plan must provide reasonable time Page 3 of 10