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UTILITY AGREEMENT <br />Page 4 of 5 <br />UTILITY AGREEMENT NO. COSA-1115 <br />All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a <br />period of three (3) years from the date of final payment to the OWNER and will be made available to <br />STATE or FHWA upon request. <br />One set of copies of all documents obtained to demonstrate Buy America compliance will be attached <br />to, and submitted with, the final invoice. <br />This does not include products for which waivers have been granted under 23 CFR 635.410 or other <br />applicable provisions or excluded material cited in the Department's guidelines for the implementation <br />of Buy America requirements for utility relocations issued on December 3, 2013. <br />OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly <br />relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its <br />representatives concerning the Buy America Rule requirements for utility relocations within the State <br />of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in <br />breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in <br />compliance with the Guidance. <br />THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS 2,200,000.00 <br />Signatures on Following Page <br />