R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962-ARR,4, Contract No. 4021 , D. Force Account- FTA and the Department reserve the right to refuse or limit their participation in force account costs. E. Capital Leases-To the extent applicable, the Grantee agrees to comply with FTA regulations, "Capital Leases,"49 CFR Part 639, and any revision thereto and state capital leasing guidelines. F. Buv America- Each third party contract(valued at more than $100,000 for Construction and Acquisition of Goods or Rolling Stock) utilizing FTA assistance must conform with 49 U.S.C. § 5323(j), and FTA regulations, "Buy America Requirements,"49 CFR Part 661 and any later amendments thereto. The Grantee will include the applicable Buy America Certifications(as part of Exhibit C) and will incorporate its provisions as a part of every relevant third-party contract. G. Carqo Preference- Use of United States Fla4 Vessels -To the extent applicable, the Grantee agrees to comply with 46 CFR Part 381 and to insert the substance of those regulations in all applicable subcontracts issued pursuant to this Agreement.. H. Preference for Recvcled Products-To the extent applicable, the Grantee agrees to give preference to the purchase of recycled products for use in this Project pursuant to the various U.S. ' Environmental Protection Agency(EPA) guidelines, "Comprehensive Procurement Guidelines for Products Containing Recovered Materials,"40 CFR Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §6962.. I. Bus Testinq -To the extent applicable, the Grantee agrees to comply with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing,"49 CFR Part 665, and any amendments to those regulations that may be promulgated. J. Geoqraphic Restrictions-The Grantee and its contractors agree to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by federal statute, and as permitted by the Department and FTA. K. Third Partv Disputes or Breaches-The Grantee agrees to pursue all legal rights available to it in the enforcement or defense of any third party contract, and FTA and the Department reserve the right to concur in any compromise or settlement of any third party contract claim involving the Grantee. The Grantee will notify FTA and the Department of any current or prospective major dispute pertaining to any third party contract. If the Grantee seeks to name the Government as a party to the litigation, the Grantee agrees to inform both FTA and the Department before doing so. The Government retains a right to a proportionate share of any proceeds derived from any third party recovery. Unless permitted otherwise by the Government, the Grantee will credit the Project Account with any liquidated damages recovered. Nothing herein is intended to nor shall it waive FTA's or the Department's immunity to suit. L. Fly America-The Grantee will comply with the requirements of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. §40118, and with U.S. GSA regulations"Use of United States Flag Air Carriers,"41 CFR Parts 301-10.131 through 301- 10.143. M. Relocation 8� Land Acauisition-The Grantee agrees to comply with 49 U.S.C. § 5324(a), which requires compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§4601 et seq., and U.S. DOT regulations "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,"49 CFR Part 24. N. Steel Products-The Grantee shall comply with the applicable provisions of the Steel Products Act, !I 30 ILCS 565, when procuring such products for construction projects funded by state funds. , State/Federal Capital Grant Page 21