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6.6 The LPA shall require Its consultant, selected to prepare a final environmental docurnent pursuant to the <br />requirements of the National Environmental Policy Act, to execute a copy of a disclosure statement <br />specifying that the consultant has no financial or other interest in the outcome of the PROJECT. <br />6,6 The LPA shall provide a letter Indicating the proposed Best Management Practices (BMPs) to be <br />utilized for post construction storm water management in accordance with the Ohio EPA National <br />Pollutant Discharge Elimination System (NPDES) Construction General Permit. If no BMPs are <br />proposed, a letter stating concurrence is required form the Ohio EPA. <br />6. RIGHT Or WAY/ UTILI'T'IES/ RAILROAD COORDINATION <br />6.1 Ail right of way acquisition activities shall be performed by the LPA In accordance with State <br />rules, policies and guidelines Issued by ODOT. <br />6.2 If existing and acquired right of way Is required for this PROJECT, the LPA shall certify that the right <br />of way has been acquired In conformity with State laws, regulations, policies, and guidelines. As <br />specified In ODOT's Real Estate Policy and Procedures Manual, Section 6202.01- II -(B), any LPA <br />staff who perform any real estate functions shall be prequaiified by the ODOT's Office of Real <br />Estate. If the LPA does not have the qualified staff to perform any or all of the respective right of <br />way functions, the LPA shall hire an ODOT Prequalified Consultant through a Qualifications Based <br />Selection process. The LPA shall not hire the same consultant to perform both the appraisal and <br />appraisal review functions, Appraisal review shall be performed by an Independent staff or fee <br />reviewer and shall be hired directly by the LPA, Likewise, a consultant hired to perform right of way <br />acquisition work can not also perform both the relocation and relocation review functions. <br />Relocation review shall be performed by an Independent staff or fee reviewer. <br />613 If the LPA hires a prequalified consultant, the LPA shall be responsible for monitoring the consultant's <br />activities and ensuring that the consultant is following ell State laws, regulations, policies, and guidelines. <br />6.4 All relocation assistance activities shall be performed by the LPA in conformity with State laws <br />and rules, policies and guidelines Issued by ODOT. The LPA shall not hire a consultant to <br />perform both the relocation and relocation review functions nor shall the LPA hire a sub - <br />consultant for relocation and another sub - consultant for relocation review. Relocation review shall <br />be performed by an Independent staff or fee reviewer and shall be hired directly by the LPA. <br />6.6 The LPA shall provide the COOT District Office with Its certification that all right of way properly <br />rights necessary for the PROJECT are under the LPA's control, that such right of way has been <br />cleared of all encroachments, and that utility facilities have been appropriately relocated or <br />accounted for so as not to interfere with PROJECT construction activities. ODOT shall make use <br />of the LPA's Right of Way Certification, as well as evaluate the LPA's and /or consultant's <br />performance of the PROJECT real estate activities, as appropriate. <br />6.6 in the administration of this PROJECT, the LPA agrees to follow all procedures described In the <br />ODOT Utilities Manual. When applicable, the LPA shall enter into a utility relocation agreement with <br />each utility prior to the letting of construction. No reimbursable construction costs shall be Incurred <br />by the LPA prior to the receipt of the "Authorization to Advertise" notification from ODOT. if such <br />costs are Incurred, ODOT may terminate this Agreement and cease all funding commitments. <br />63 The LPA shall submit all subsequent modifications to the design of the PROJECT and /or any <br />disposal of properly rights acquired as part of the PROJECT to ODOT for approval, <br />6.6 The LPA shall be responsible for any necessary railroad coordination and agreements. <br />6.9 Consistent with sections 101 and 10.4 of this agreement, the LPA shall assure that if any <br />property acquired for this project is subsequently sold for less than fair market value that all Title <br />VI requirements are Included in the Instrument which transfers the property. Consistent with <br />sections 10.1 and 10.4 of this agreement the LPA shall assure that if the LPA grants a permit or <br />license for the property acquired for this project that the license or permit require the licensee or <br />permit holder to adhere to all Title VI requirements. <br />