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UTILITY AGREEMENT EXHIBIT 5 Pqe 4 of$ UTILITY AGMENIENT NO. COSA-I 101/1103 OWNER understands and acknowledges that this project is subject to the requirements of the Buy America law (23 U.S.C., Section 313) and applicable regulations, Including 23 CFR 635,410 and FHWA guldunce, and will demonstrate Buy America compliance by collecting written certifications) from the vendor(s) or by collecting written certiticatlon(s) from the manufacturers) mill test report (MTR), Cedificallon(s) should state, °AII manufacturing processes for these steel and Iron materials, including the application of coatings have occurred in the United States. All manufacturing processes means melting of the steel through final manufacturing of steel components." All documents obtained to demonstrate Buy America compliance will be held by the OWNER for a period of three (3) years from the date of final payment to the OWNER and will be made available to STATE or FHWA upon request, One set of copies of all documents obtained to demonstrate Buy America compliance will be attached to, and submitted with, the final invoice. This does not include products for which waivers have been granted under 23 CFR 635,410 or other applicable provisions or excluded material cited in the Department's guidelines for the Implementation of Buy Amerlca requirements for utility relocations Issued on December 3, 2013. OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly. relying upon the Instructlons and guidance (collectively, "Guidance") issued by Caltrans and its representatives concerning the Buy America Rule requirements for utility relocations within the State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be deemed In breach of this Agreement for any violations of the Buy America Rule if OWNER's actions are in compliance with the Guidance. THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK 15 $2,0150,00.00 Signatures on Following Page   City Council  24 – 24 12/21 /2021