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District Agreement No. 530 <br />version of STATE's "Policy on High and Low Risk Underground Facilities Within <br />Highway Rights of Way" shall be fully complied with. Any relocated or new facilities <br />shall be correctly shown and identified on the "As -Built" plans for PROJECT. <br />13. If cultural, archaeological, paleontological or other protected materials are <br />encountered during construction of PROJECT, STATE shall stop work in that area <br />until a qualified professional can evaluate the nature and significance of the find and a <br />plan is approved for the removal or protection of that material. <br />14. Any hazardous material or contamination of an HM -1 category found within the <br />existing State Highway right of way during construction requiring remedy or remedial <br />action (as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code) <br />shall be the responsibility of STATE. Any hazardous material or contamination of an <br />HM -1 category found within the local road right of way during construction requiring <br />the same defined remedy or remedial action shall be the responsibility of CITY . For <br />the purpose of the Agreement, hazardous material of HM -1 category is defined as that <br />level or type of contamination which State or Federal regulatory control agencies <br />having jurisdiction have determined must be remediated by reason of its mere <br />discovery regardless of whether it is disturbed by PROJECT or not. STATE shall sign <br />the HM -1 manifest and pay all costs for remedy or remedial action within the existing <br />State Highway right of way, except that if STATE determines, in its sole judgment, <br />that STATE's cost for remedy or remedial action is increased as a result of proceeding <br />with construction of PROJECT, that additional cost identified by STATE shall be <br />borne by CITY. As between CITY and STATE, CITY shall sign the HM -1 manifest <br />and pay all costs for required remedy or remedial action within a local road or other <br />property. While STATE will exert every reasonable effort to fund the remedy or <br />remedial action for which STATE is responsible. In the event STATE is unable to <br />provide funding, CITY will have the option to either delay further construction of <br />PROJECT until STATE is able to provide funding or CITY may proceed with the <br />remedy or remedial action as a PROJECT expense without any subsequent <br />reimbursement by STATE. <br />15. Any remedy or remedial action with respect to any hazardous material or <br />contamination of an HM -2 category found both within and outside the existing State <br />highway right of way during construction shall be the responsibility of CITY, at <br />CITY's expense, as a consequence of proceeding with PROJECT construction. For the <br />purpose of this Agreement any hazardous material or contamination of HM -2 category <br />is defined as that level or type of contamination which said regulatory control agencies <br />would have allowed to remain in place if undisturbed or otherwise protected in place <br />had PROJECT not proceeded. CITY shall sign any HM -2 manifest if construction of <br />PROJECT proceeds and HM -2 material is removed in lieu of being treated in place. <br />16. If hazardous material or contamination of either HM -1 or HM -2 category is found <br />during construction on new right of way acquired by or on account of CITY for <br />PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or <br />remedial action and/or protection in the absence of a generator or prior property owner <br />willing and prepared to perform that corrective work. <br />Revised June 27, 2005 edition 7 <br />