CA DEPT TRANSPORTATION (3) - 2008

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Agreement No. 75A0242 A 1 CITY OF SANTA ANA Page 9 of 10 23. Environmental Clearance Environmental clearance of Project by CITY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction. CITY shall not request funds nor shall any department/CITY board or commission authorize expenditures of funds for Project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21102. The California Environmental Quality Act (CEQA), in California Public Resources Code section 21 080(b)(1 0), does provide an exemption for rail proiects which institute or increase passenQer or commuter services on rail or hiQhway riQhts-of-way already in use. 24. Public Work If this Project will result in the construction, alteration, modification or maintenance of a "Public Work," as that term is defined in the Labor Code, then CITY must conform to the provisions of the Labor Code applicable to Public Works as set forth in said sections 1720 through 1815, all applicable regulations of the Department of Industrial Relations, and determinations of coverage as issued by the Director of Industrial Relations. 25. Proiect Close Out The FTA Termination Date refers to the last date for CITY to incur valid Project costs or credits and is the date the FTA expires. CITY has one hundred and twenty (120) days after that Termination Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that one hundred and twentieth (12Oth) day will be reverted and will no longer be accessible to reimburse late Project invoices.