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n15599 4 -, DisÌllct Agreement No. 4-1964-C PROJECT, that additional cost shall be shared between STATE and CITY in the same proportionate ratio as the total estimated cost to complete PROJECT, including all capital and support costs, are shared as shown on Exhibit A. 20. The remedy or remedial action with respect to any hazardous material or contamination of an HM-2 category found within and outside the existing State highway right of way during investigative studies shall be the responsibility of CITY if PROJECT proceeds. For the purposes of this Agreement, any hazardous material or contamination of HM-2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place had PROJECT not proceeded. STATE and CITY shall jointly sign the HM-2 manifest if PROJECT proceeds and HM-2 material must be removed in lieu of being treated in place. STATE and CITY shall share all costs for required remedy or remedial action in the same proportionate ratios as the total estimated cost to complete PROJECT, including all capital and support costs, are shared as shown on Exhibit A. 21. If hazardous material or contamination of an HM-2 category is not found within and outside the existing State highway right of way until after construction of PROJECT has commenced, STATE and CITY shall jointly sign the HM-2 manifest and share all costs for required remedy or remedial action in the same proportionate ratio as the total estimated cost to complete PROJECT, including all capital and support costs, are shared as shown on Exhibit A. 22. The party responsible for the hazardous material cleanup shall be responsible for the development of the necessary remedy andl or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre-approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 23. Locations subject to remedy or remedial action and/ or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action andlor protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 24. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and I or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 25. Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. 26. CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside STATE's right of way. Also, CITY will maintain at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance. 10 .....--......-.. .. ----T'