Agmt03 City of Belmont - Laserfiche WebLink

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Redwood City as provided in the State Cooperative Agreement. If any part of the area requiring remedy or remedial action is within the City of Belmont or within Belmont's right of way, Belmont shall contribute to the cost of the remedial action allocated to Redwood City under the State Cooperative Agreement in an amount that has the same proportion to the whole cost allocated to Redwood City as the area in Belmont to be remediated has to the whole area to be remediated. 17. If any hazardous material or contamination of an HM-2 category is found within and outside the existing State highway right of way after construction of the Project has commenced, State and Redwood City will jointly sign the manifest as provided in the State Cooperative Agreement. If any part of the area requiring remedy or remedial action is within the City of Belmont or within the Belmont's right of way, Belmont shall jointly sign the manifest and shall contribute to the cost of the remedial action allocated to Redwood City under the State Cooperative Agreement in an amount that has the same proportion to the whole cost allocated to Redwood City as the area in Belmont to be remediated has to the whole area to be remediated. 18. Locations subject to remedy or remedial action and/or protection include utility relocation work required for Project. Costs for remedy and remedial action and/or protection shall include but not be limited to the identification, treatment, protection, removal, packaging, transportation, storage and disposal of such material. 19. The party responsible the hazardous material clean up shall be responsible for the development of all necessary remedy and/or remedial action plans and designs. Remedial actions proposed by Belmont or Redwood City within the proposed State highway right of way shall be pre-approved by State and shall be performed in accordance with State standards and practices and those standards mandated by Federal and State regulatory agencies with jurisdiction over the Project. 20. Locations subject to remedy or remedial action and/or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and/or protection shall include, but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 21. The construction contract claims process set forth in the State of California Department of Transportation Standard Specifications will be used for all Project- related claims between the construction contractor, Redwood City, Belmont and/or the State, including arbitration through the Office of Administrative Hearings. Redwood City shall be the lead agency in consultation with Belmont in handling claims, and Belmont shall be bound by the outcome of that process. In the event that arbitration under the provisions of Public Contract Code Section 10240 et seq. results from that contract claims process, Redwood City will act as lead agency in arbitration. Redwood City will be reimbursed for all costs, including but not limited to attorneys fees, that F:Atty/Agr/Agr.149 080503 L.BECK 11