Laserfiche WebLink
<br />District Agreement No. 12-568 <br /> <br />15. CITY's share of all changes in development and construction costs associated with <br />modifications to the basic design features as described above shall be in the same <br />proportion as described in this Agreement, unless mutually agreed to the contrary by <br />STATE and CITY in a subsequent amendment to this Agreement. <br /> <br />16. Any hazardous material or contamination of an HM-I category found within the <br />existing SHS right of way during PROJECT shall be the responsibility of STATE. <br />Any hazardous material or contamination of an HM -I category found within the local <br />road right of way during PROJECT shall be the responsibility of CITY. For the <br />purpose of this Agreement, hazardous material of HM-I category is defined as that <br />level or type of contamination which must be remediated by reason of its mere <br />discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall <br />sign the HM-I manifest and pay all costs for required remedy or remedial action <br />within the existing SHS right of way, except that if STATE determines, in its sole <br />judgment, that STATE's cost for remedy or remedial action is increased as a result of <br />CITY's decision to proceed with PROJECT, that additional cost identified by STATE <br />shall be borne by CITY. CITY shall sign the HM-I manifest and pay all costs for <br />required remedy or remedial action within the local road right of way 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 PROJECT until STATE is <br />able to provide that corrective funding or CITY may proceed with the remedy or <br />remedial action as a PROJECT expense without any subsequent reimbursement by <br />STATE. <br /> <br />17. The remedy or remedial action with respect to any hazardous material or <br />contamination of a HM-2 category found within and outside the existing State <br />highway right of way during investigative studies shall be addressed by CITY in the <br />ED, PR, and, as necessary, the PS&E for PROJECT. For the purposes of this <br />Agreement, any hazardous material or contamination of HM-2 category is defined as <br />that level or type of contamination which said regulatory control agencies would have <br />allowed to remain in place if undisturbed or otherwise protected in place had <br />PROJECT not proceeded. Costs for any required remedy or remedial action shall be <br />addressed in the cooperative agreement for construction of PROJECT. <br /> <br />18. If hazardous material or contamination of either HM-I or HM-2 category is found on <br />new right of way to be acquired by or account of CITY for PROJECT, CITY, shall be <br />responsible, at CITY's expense, for all required remedy or remedial action and/or <br />protection in the absence of a generator or prior property owner willing and prepared <br />to perform that corrective work. <br /> <br />19. Remedial actions proposed by CITY on SHS right of way shall be pre-approved by <br />STATE and shall be performed in accordance with STATE's standards and practices <br />and-standards and practices mandated by those Federal and State regulatory agencies. <br /> <br />9 <br /> <br />