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<br />Headquarters Rail Agreement No. 75-701-C <br /> <br />Identification, treatment, removal, packaging, transportation, storage, and <br />disposal of such material. <br /> <br />12. To be responsible, at CITY's expense, for the development of the necessary <br />remedy and/or remedial action plans and designs. Remedial actions proposed <br />by CI1Y shall be approved by appropriate Federal and State agencies and be <br />performed In accordance with those standards mandated by the Federal and <br />State regulatory agencies. <br /> <br />13. To comply with STATE NPDES (National Pollution Discharge Elimination <br />System) requirements. <br /> <br />14. That, upon completion of PROJECT and all work Incidental thereto, to furnish <br />STATE with a detailed statement of the total construction and construction <br />engineering costs to be reimbursed by STATE, including resolution of any <br />construction related claims which have been allowed to the construction <br />contractor. <br /> <br />15. To provide STATE a segregated estimate showing eligible TEA portions and <br />CI1Y's portions of the total PROJECT cost. <br /> <br />SECTION II <br /> <br />STATE AGREES; <br /> <br />1. To provide, at no cost to CI1Y, prompt reviews and approvals, as appropriate, of <br />submittals by CI1Y, and to cooperate in the timely processing of PROJECT. <br /> <br />2. Within 60 days of receipt of detailed invoices from CI1Y, to reimburse CI1Y for <br />costs Incurred under this Agreement up to STATE's maximum of $375,000 of <br />SHOPP TEA funds that will be allocated for financing the costs of PROJECT, <br />Including required overhead expenses. <br /> <br />3. STATE's contribution of the PROJECT expense shall be up to 75% of eligible <br />PROJECT costs, not to exceed $375,000 for design and construction cost, as <br />shown on Exhibit A, attached to and made a part of this Agreement. <br /> <br />SECTION III <br /> <br />IT IS MUTUALLY AGREED: <br /> <br />1. All obligations of STATE under the terms of this Agreement are contingent upon <br />the appropriation of the resources by the Legislature and the allocation of <br />resources by the California Transportation Commission. <br /> <br />2. Should CI1Y advertise a contract for PROJECT prior to the allocation of <br />resources by the California Transportation Commission and prior to Federal <br />Highway Administration approval for Federal participation, CI1Y expressly <br />assumes the risks that STATE may not participate in the PROJECT and that <br />federal funds may not be made available. <br /> <br />3. All applicable procedures and policies relating to the use of Federal Funds or <br />STATE gas tax funds shall apply notwithstanding other provisions of this <br />Agreement. <br /> <br />Page 4 of 8 <br />