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UTILITY AGREEMENT <br />Page 4 of 5 <br />UTILITY AGREEMENT NO. COSA-I 101/1103 <br />OWNER understands and acknowledges that this project is subject to the requirements of the Buy <br />America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410 and FHWA <br />guidance, and will demonstrate Buy America compliance by collecting written certification(s) from the <br />vendor(s) or by collecting written cedMiicatlon(s) from the manufacturer(s) mill test report (MTR). <br />Certification(s) should state, "All manufacturing processes for these steel and Iron materials, including the <br />application of coatings have occurred In the United States. All manufacturing processes means melting of <br />the steel through final manufacturing of steel components." <br />All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period <br />of three (3) years from the date of final payment to the OWNER and will be made available to STATE or <br />FHWA upon request, <br />One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, <br />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 of <br />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, relying <br />upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its representatives <br />concerning the Buy America Rule requirements for utility relocations within the State of California. <br />Notwithstanding any provision herein to the contrary, OWNER shall not be deemed in breach of this <br />Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the <br />Guidance. <br />THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $2,000,000.00 <br />Signatures on Following Page <br />