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<br />ARTICLE 11- RIGHTS OF WAY <br /> <br />1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary <br />rights of way have been secured. Prior to the advertising for construction of PROJECT, <br />ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence <br />that all necessary rights of way are available for construction purposes or will be available by the <br />time of award of the construction contract. <br /> <br />2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability <br />that may result in the event the right of way for a PROJECT, including, but not limited to, being <br />clear as certified or if said right of way is found to contain hazardous materials requiring treatment <br />or removal to remediate in accordance with Federal and State laws. The furnishing of right of way <br />as provided for herein includes, in addition to all real property required for the PROJECT, title free <br />and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by <br />applicable law, of relocation costs and damages to remainder real property not actually taken but <br />injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- <br />matching funds, any costs which arise out of delays to the construction of PROJECT because <br />utility facilities have not been timely removed or relocated, or because rights of way were not <br />available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. <br /> <br />3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE <br />PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, <br />ADMINISTERING AGENCY may claim reimbursement from Federal Funds for expenditures <br />incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting <br />PROJECT with the fair market value of any excess property retained and not disposed of by <br />ADMINISTERING AGENCY. <br /> <br />4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, <br />said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable <br />State and Federal laws and regulations, in accordance with State procedures as published in <br />State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, <br />subject to STATE oversight to ensure that the completed work is acceptable under the Federal <br />Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. <br /> <br />5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING <br />AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm <br />operation, or non-profit organization, relocation payments and services will be provided as set <br />forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and <br />services which will be available, and, to the greatest extent practicable, no person lawfully <br />occupying real property shall be required to move from his/her dwelling or to move his/her <br />business or farm operation without at least ninety (90) days written notice from ADMINISTERING <br />AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each <br />portion of the PROJECT, that no person will be displaced until comparable decent, safe and <br />sanitary replacement housing is available within a reasonable period of time prior to displacement, <br />and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide <br />orderly, timely and efficient relocation of PROJECT- displaced persons as provided in 49 CFR, <br />Part 24. <br /> <br />Page 5 of 26 <br />