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Distnct Agreement No. 4-1964-C 015599 15. CITY shall provide a construction contract claims process acceptable to STATE and shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY to provide advice and technical input in any claim process. 16. If any existing public and/ or private utility facilities conflict with PROJECT construction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with STATE policy for those facilities located outside of the limits of work for the State highway. Total costs for such protection, relocation or removal of facilities located within the limits of work providing for the improvement to the State highway shall be determined in accordance with State policies and procedures. Total cost for such protection, relocation or removal of facilities located outside of the limits of work outside the State highway shall be determined in accordance with CITY policies and procedures. Any relocated or new facilities shall be correctly shown and identified on the As-Built plans referred to in Section I, Article 38 of this Agreement. 17. If cultural, archaeological, paleontological, or other protected resources are encountered during construction of PROJECT, CITY shall stop work in that area until a qualified professional can evaluate the nature and significance of the find; until a plan is approved for the removal or protection of that resource; and until responsibilities for costs thereof are determined. 18. Any hazardous material or contamination of an HM-1 category found within the existing State highway right of way during investigative studies requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of a HM-l category found within the local road right of way during investigative studies requiring the same defined remedy or remedial action shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material or contamination of HM-1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. If it is decided by STATE and CITY to not proceed with PROJECT, STATE shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the local road right of way. If it is decided by said parties to proceed with PROJECT, STATE shall sign the HM-1 manifest for required remedy or remedial action within the existing State highway right of way and CITY shall sign the HM- 1 manifest for required remedy or remedial action within the local road right of way. STATE and CITY shall 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. 19. If hazardous material or contamination of an HM-1 category is not found within the existing State highway right of way until after construction of PROJECT has commenced, STATE shall sign the HM-1 manifest and pay the costs for required remedy or remedial action. If hazardous material or contamination of an HM-l category is not found within the local road right of way until after construction of PROJECT has commenced, CITY shall sign the HM-1 manifest and pay the costs for required remedy or remedial action. If STATE determines, in its sole judgment, that costs for remedy or remedial action within and outside the existing State highway right of way are increased due to construction of 9 . .....,-.........-.. ""'----T""""""'"