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utility facilities in accordance with State's policy and procedure for those facilities <br />located within the limits of work providing for the improvement to the State highway <br />and in accordance with State's policy for those facilities located outside of the limits of <br />work for the improvement to the State highway. The costs of the protection, relocation, <br />or removal shall be apportioned between the owner of the utility facility, Redwood <br />City, Belmont and State in accordance with State's policy and procedure. <br /> <br />11. If cultural, archaeological, paleontological, or other protected resources are <br />encountered during construction of Project, Redwood City shall notify Belmont and <br />State and shall stop work in that area until a qualified professional can evaluate the <br />nature and significance of the find and until Redwood City, Belmont and State (if the <br />protected resources are located in the state highway right of way) agree on a plan for <br />the removal or protection of that resource, and until responsibilities for costs thereof are <br />determined. <br /> <br />12. If hazardous material or contamination is found which requires remedy or <br />remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety <br />Code, Redwood City shall notify Belmont, State and Federal, State or Local regulatory <br />agencies having jurisdiction over the site. For the purpose of this Agreement, <br />hazardous material or contamination of HM-1 category is defined as that level or type <br />of contamination which regulatory control agencies have determined must be <br />remediated by reason of its mere discovery, regardless of whether it is disturbed by <br />Projector not. Hazardous material or contamination of HM-2 category is defined as that <br />level or type of contamination which would be allowed to remain in place if <br />undisturbed or otherwise protected in place should Project not proceed. <br /> <br />13. If any hazardous material or contamination of an HM-1 category is found within <br />the existing State highway right of way during construction, State shall sign the HM-1 <br />manifest and pay all costs for remedy or remedial action, as provided in the State <br />Cooperative Agreement. <br /> <br />14. If any hazardous material or contamination of an HM-1 category is found <br />outside the existing State highway right of way and within the City of Belmont during <br />construction, Belmont shall sign the HM-1 manifest and pay all costs for remedy or <br />remedial action. <br /> <br />15. If any hazardous material or contamination of an HM-1 category is found <br />outside the existing State highway right of way and within the City of Redwood City <br />during construction, Redwood City shall sign the HM-1 manifest and pay all costs for <br />remedy or remedial action. <br /> <br />16. If State determines, in its sole judgment, that costs for remedy or remedial action <br />within and outside the existing State highway right of way are increased due to <br />construction of the Project, that additional cost shall be shared between State and <br /> <br />F:Atty/Agr/Agr.149 <br />080503 L.BECK 10 <br /> <br /> <br />