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DISTRICT AGREEMENT <br />12-522 <br />CITY, independent of PROJECT, is responsible for any HM-1 found outside existing <br />SHS right of way. CITY will undertake HM-1 management activities with minimum <br />impact to PROJECT schedule and will pay all costs for HM-1 management activities. <br />9. If HM-2 is found within the limits of PROJECT, the public agency responsible for <br />advertisement, award, and administration (AAA) of the PROJECT construction <br />contract will be responsible for HM-2 management activities. <br />Any management activity cost related to H1VI-2 is a PROJECT construction cost. <br />10. Management activities related to either HM-1 or HM-2 include, without limitation, <br />any necessary manifest requirements and designation of disposal facility. <br />11. STATE's acquisition or acceptance of title to any property on which any hazardous <br />material is found will proceed in accordance with STATE's policy on such <br />acquisition. <br />12. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits, <br />agreements, and/or approvals from appropriate regulatory agencies, unless the parties <br />agree otherwise in writing. If STATE agrees in writing to obtain said Project permits, <br />agreements, and/or approvals, those said costs shall be a PROJECT <br />13. CITY shall be fully responsible for complying with and implementing any and all <br />environmental commitments set forth in the environmental documentation, permit(s), <br />agreement(s), and/or approvals for PROJECT. The costs of said compliance and <br />implementation shall be a PROJECT cost. <br />14. If there is a challenge to the environmental documentation, including supporting <br />investigative studies and/or technical environmental report(s), permit(s), <br />agreement(s), and/or approvals for PROJECT, all legal costs associated with those <br />said legal challenges shall be a PROJECT cost. <br />15. All administrative reports, studies, materials, and documentation, including, but not <br />limited to, all administrative drafts and administrative finals, relied upon, produced, <br />created or utilized for PROJECT will be held in confidence pursuant to Government <br />Code section 6254.5(e). The parties agree that said material will not be distributed, <br />released or shared with any other organization, person or group other than the parties' <br />employees, agents and consultants whose work requires that access without the prior <br />written approval of the party with the authority to authorize said release and except as <br />required or authorized by statute or pursuant to the terms of this Agreement. <br />16. If during preparation of PS&E, performance of R/W activities or performance of <br />PROJECT construction, new information is obtained which requires additional <br />environmental documentation to comply with CEQA and, if applicable, NEPA, this <br />agreement will be amended to include completion of those additional tasks. <br />25D-11 <br />