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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)16 of 22 <br />Hazardous Materials <br />HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require <br />removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by <br />the PROJECT or not. <br />HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require <br />removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. <br />The management activities related to HM-1 and HM-2, including and without limitation, any <br />necessary manifest requirements and disposal facility designations are referred to herein as <br />HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively. <br />If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES. <br />CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing <br />State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, <br />HM-1 MANAGEMENT with minimum impact to the PROJECT schedule. <br />CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 <br />MANAGEMENT related to HM-1 found within the existing State Highway System right-of- <br />way. <br />If HM-1 is found within the PROJECT limits and outside the existing State Highway System right- <br />of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the <br />HM-1 is found. PERMITTEE, in concert with the local agency having land use jurisdiction, <br />will ensure that HM-1 MANAGEMENT is undertaken with minimum impact to PROJECT <br />schedule. <br />The cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside <br />the existing State Highway System right-of-way will be the responsibility of the owner(s) of <br />the parcel(s) where the HM-1 is located. <br />The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM2 MANAGEMENT <br />within the PROJECT limits. <br />CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is <br />found will proceed in accordance with CALTRANS’ policy on such acquisition. <br />Claims <br />PERMITTEE may accept, reject, compromise, settle, or litigate claims of any consultants or <br />contractors hired to complete WORK without concurrence from the other PARTY. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 16 of 22) <br />6.K. - Page 28 of 67 <br />412