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AGREEMENT 04-2614 <br />Projec6 3.C. - Page 13 <br />44. If HM -1 or HM -2 is found during a PROJECT COMPONENT, the <br />IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify <br />PARTNERS. <br />45. CALTRANS, independent of the PROJECT, is responsible for any HM -1 found <br />within the existing SHS right-of-way. CALTRANS will undertake, or cause to be undertaken, HM <br />MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to the PROJECT <br />schedule. <br />CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM <br />MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right-of-way. <br />46. CITY, independent of the PROJECT, is responsible for any HMI found within the <br />PROJECT limits and outside the existing SHS right-of-way. CITY will undertake, or cause to be <br />undertaken, HM MANAGEMENT ACTIVITIES related to HMI with minimum impact to the <br />PROJECT schedule. <br />CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM <br />MANAGEMENT ACTIVITIES related to HMI found within the PROJECT limits and outside of <br />the existing SHS right-of-way. <br />47. If HM -2 is found within the PROJECT limits, the public agency responsible for the <br />advertisement, award, and administration (AAA) of the PROJECT construction contract will be <br />responsible for HM MANAGEMENT ACTIVITIES related to HM -2. <br />48. CALTRANS' acquisition or acceptance of title to any property on which any HMI <br />or HM2 is found will proceed in accordance with CALTRANS' policy on such acquisition. <br />49. CITY will accept, reject, compromise, settle, or litigate claims of any non - <br />AGREEMENT parties hired to complete CITY OBLIGATIONS. <br />50. PARTNERS will confer on any claim that may affect OBLIGATIONS or <br />PARTNERS' liability or responsibility under this AGREEMENT in order to retain resolution <br />possibilities for potential future claims. No PARTNER will prejudice the rights of another <br />PARTNER until after PARTNERS confer on the claim. <br />51. If the PROJECT expends state or federal funds, each PARTNER will comply with <br />the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for <br />Federal Awards of 2 CFR, Part 200. PARTNERS will ensure that any for-profit party hired to <br />participate in the OBLIGATIONS will comply with the requirements in 48 CFR, Chapter 1, Part <br />31. When state or federal funds are expended on the PROJECT these principles and requirements <br />apply to all funding types included in this AGREEMENT. <br />ATTY/AGR/2017.161/CALTRANS CO-OP AGR 101/84 PS&E <br />REV: 07-12-17 PR <br />8of19 <br />