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Project No. URB- 5436(5) <br />Control No. 42707 - 3 - Agreement No. BR1305 <br />Capital Avenue, Webb — Broadwell <br />201404308 <br />SECTION 6. The Utility agrees, as a part of the above described estimate to advise the LPA as <br />to the method which will be used in accumulating the actual costs. If this method is prescribed <br />by a Federal or State regulatory body, a statement to that effect shall be made by the Utility. If <br />the accounting method is not prescribed by an agency of the State or Federal Government, it <br />shall be described in the Utility estimate and be approved as a part of this Agreement. <br />SECTION 7. The Utility may submit progress billings for the portions of its work that have been <br />completed. The Utility agrees not to submit progress billings for amounts less than $2,500.00. <br />The LPA will make progress payments, based upon satisfactory prosecution of work, for <br />95 percent of the amount billed. The LPA will limit its payments to 95 percent of the approved <br />estimate referenced in Section 5 of this agreement pending the results of the final cost audit. <br />The LPA will pay the Utility within thirty (30) days of receipt of the Utility's invoice. <br />SECTION 8. If the Utility wants to let a construction contract, the Utility shall do the following: <br />A. Comply with State public bidding statutes. If the Utility solicits bids from a list of <br />known Contractors, the list must be submitted to the LPA for concurrence prior to <br />the soliciting of bids. <br />B. Submit the bid proposal, plans and construction schedule to the LPA for approval <br />prior to letting a contract. <br />C. Require the Contractor to abide by the provisions of the Nebraska Fair <br />Employment Practices Act as provided by Neb.Rev.Stat. §48 -1101 through <br />48 -1126 (Reissue 2004), as amended, provisions of the and all regulations <br />relative to nondiscrimination in federally assisted programs of the Department of <br />Transportation, Title 49 CFR, Parts 21 and 27 as set forth in Exhibit "A" attached <br />hereto and made a part of this agreement. <br />D. Submit a copy of the bids received and the Utility's recommendation of award to <br />the LPA for concurrence prior to any award. <br />E. Require any Contractor or subcontractor engaged under this agreement to fully <br />comply with the provisions of the Nebraska Employment Security Law as <br />provided by Neb.Rev.Stat. §48 -610 through 48-671 (Reissue 2004), as <br />amended, and the same are incorporated herein by this reference. <br />SECTION 9. It is agreed and understood by the parties hereto that Federal -Aid Policy Guide 23 <br />CFR 645A, "Utility Relocations, Adjustments and Reimbursement ", and Federal -Aid Policy <br />Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the U.S. Department of <br />Transportation, Federal Highway Administration, as supplemented, revised or updated <br />EXHIBIT A TO LICENSE AGREEMENT <br />