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<br />, , <br /> <br />District Agreement No. 12-568 <br /> <br />consultants or contractors and no liability will be assignable to STATE, its officers <br />and employees by CITY under the terms of this Agreement or by third parties by <br />reason of STATE's IQA activities. All work performed by STATE that is not direct <br />IQA shall be chargeable against PROJECT funds as a service for which STATE will <br />invoice its actual costs and CITY will payor authorize STATE to reimburse itself <br />from then available PROJECT funds. <br /> <br />3. The basic design features (as defined in Attachment 4 of the Scope of Work for <br />PROJECT) shall comply with those addressed in the approved PSRJPR, unless <br />modified as required for environmental documentation. <br /> <br />4. The design, right of way acquisition, and preparation of environmental <br />documentation, including the investigative studies and technical environmental <br />reports for PROJECT shall be performed in accordance with all applicable Federal <br />and STATE standards and practices current as of the date of performance. Any <br />exceptions to applicable design standards shall first be considered by STATE for <br />approval via the processes outlined in STATE's Highway Design Manual and <br />appropriate memoranda and design bulletins published by STATE. In the event that <br />STATE proposes and lor requires a change in design standards, implementation of <br />new or revised design standards shall be done as part of the work on PROJECT in <br />accordance with STATE's current Highway Design Manual Section 82.5, "Effective <br />Date for Implementing Revisions to Design Standards". STATE shall consult with <br />CITY in a timely manner regarding effect of proposed and/or required changes on <br />PROJECT. <br /> <br />5. CITY will be the CEQA Lead Agency and STATE will be a CEQA Responsible <br />Agency. CITY will assess PROJECT impacts on the environment and CITY will <br />prepare the appropriate level of environmental documentation and necessary <br />associated supporting investigative studies and technical environmental reports in <br />order to meet the requirements of CEQA. CITY will submit to STATE all <br />investigative studies and technical environmental reports for STATE's review, <br />comment, and concurrence as the CEQA Responsible Agency. The environmental <br />document and/or categorical exemption determination, including the administrative <br />draft, administrative final, and final environmental document, as applicable, will <br />require STATE's review, comment, and concurrence as the CEQA Responsible <br />Agency, prior to public availability. <br /> <br />If, during preparation of preliminary engineering, preparation of the PS&E, <br />performance of right of way activities, or performance of PROJECT construction, <br />new information is obtained which requires additional environmental documentation <br />to comply with CEQA, this Agreement will be amended to include completion of <br />these additional tasks by CITY. <br /> <br />8. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, <br />agreements, and/or approvals from the appropriate regulatory agencies, unless the <br />parties agree otherwise in writing. If STATE agrees in writing to obtain said <br /> <br />7 <br />