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Page 16 of 40 <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 <br /> the Federal planning and private enterprise provisions of the following: <br /> (1) Federal Transit law, specifically, 49 U.S.C. §§ 5303, 5304, 5306, <br /> and 5323(a)(1); <br /> (2) Joint Federal Highway Administration (FHWA)/FTA document, <br /> "Interim Guidance for Implementing Key SAFETEA-LU Provisions on <br /> Planning, Environment, and Air Quality for Joint FHWA/FTA <br /> Authorities," dated September 2, 2005, as amended by joint <br /> FHWA/FTA guidance, "SAFETEA-LU Deadline for New Planning <br /> Requirements (July 1, 2007)," dated May 2, 2006 [clarifying Guidance <br /> on Implementation of SAFETEA-LU Planning Provisions], and <br /> subsequent Federal directives implementing SAFETEA-LU, except to <br /> the extent FTA determines otherwise in writing; <br /> (3) Joint FHWA/FTA regulations, "Planning Assistance and <br /> Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent <br /> that those regulations are consistent with the SAFETEA-LU <br /> amendments to public transportation planning and private enterprise <br /> laws, and subsequent amendments to those regulations that may be <br /> promulgated; and <br /> (4) FTA regulations, "Major Capital Investment Projects,"49 C.F.R. <br /> Part 611, to the extent that those regulations are consistent with the <br /> SAFETEA-LU amendments to the public transportation planning and <br /> private enterprise laws, and any subsequent amendments to those <br /> Governmental and Private Nonprofit Providers of Non-emergency <br /> Transportation. <br /> (5) In addition to providing opportunities to participate in planning as <br /> described in Subsection 14a of this Agreement, to the extent feasible the <br /> Contractor agrees to comply with the provisions of 49 U.S.C. § 5323(k), <br /> which afford governmental agencies and nonprofit organizations that <br /> receive Federal assistance for nonemergency transportation from Federal <br /> Government sources (other than U.S. DOT) an opportunity to be included <br /> in the design, coordination, and planning of transportation services. <br /> b. Infrastructure Investment. During the implementation of the Project, the <br /> Contractor agrees to take into consideration the recommendations of Executive Order <br /> No. 12803, "Infrastructure Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, <br /> "Principles for Federal Infrastructure Investments," 31 U.S.C. § 501 note. <br /> Section 15. Preference for United States Products and Services. To the extent <br /> applicable, the Contractor agrees to comply with the following U.S. domestic preference <br /> requirements: <br /> a. Buy America. The Contractor agrees to comply with 49 U.S.C. § 53230) and <br /> FTA regulations, 'Buy America Requirements," 49 C.F.R. Part 661 to the extent those <br /> regulations are consistent with SAFETEA-LU provisions, and subsequent amendments to those <br /> regulations that may be promulgated. The Contractor also agrees to comply with FTA directives <br /> to the extent those directives are consistent with SAFETEA-LU provisions, except to the extent <br /> that FTA or the Department determines otherwise in writing. <br /> b. Cargo Preference-Use of United States-Flag Vessels. The Contractor agrees <br /> to comply with U.S. Maritime Administration regulations, "Cargo Preference-U.S.-Flag Vessels," <br /> 46 C.F.R. Part 381, to the extent those regulations apply to the Project. <br /> C. Fly America. The Contractor understands and agrees that the Federal/State <br /> Government will not participate in the costs of international air transportation of any individuals <br /> Revised 02/20/13 <br />