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Section 9. Planning and Private Enterprise. <br />a. General. To the extent applicable, the Contractor agrees to implement the <br />Project in a manner consistent with the plans developed in compliance with the Federal <br />planning and private enterprise provisions of the following: (1) 49 U.S.C. §§ 5303, 5304, 5306, <br />and 5323(a)(1); (2) the joint Federal Highway Administration (FHWA)/FTA document, "Interim <br />Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air <br />Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and subsequent Federal <br />directives implementing SAFETEA-LU, except to the extent the Department determines <br />otherwise in writing; (3) joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 <br />C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those regulations are consistent with <br />the SAFETEA-LU amendments to public transportation planning and private enterprise laws, <br />and subsequent amendments to those regulations that may be promulgated; and (4) FTA <br />regulations, "Major Capital Investment Projects," 49 C.F.R. Part 611, to the extent that those <br />regulations are consistent with the SAFETEA-LU amendments to the public transportation <br />planning and private enterprise laws, and any subsequent amendments to those regulations <br />that may be subsequently promulgated. <br />b. Governmental and Private Nonprofit Providers of Nonemergency <br />Transportation. In addition to providing opportunities to participate in planning as described in <br />Subsection 9a of this Agreement, to the extent feasible the Contractor agrees to comply with the <br />provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit <br />organizations that receive Federal assistance for nonemergency transportation from Federal <br />Government sources (other than U.S. DOT) an opportunity to be included in the design, <br />coordination, and planning of transportation services. <br />Section 10. Preference for United States Products and Services. To the extent <br />applicable, the Contractor agrees to comply with U.S. domestic preference requirements. <br />Project 07-US-056 Page 28 of 49 <br />Orange County <br />