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Section 12, Plannina and Private inter rise.
<br />a. General. To the extent applicable, the Contractor agrees to implement the Project in
<br />a rnanner consistent with the plans developed in compliance with the Federal
<br />planning and private enterprise provisions of the following:
<br />(1) 49 U,S,C. §§ 5303, 5304, 53016, and 5323(a)(1);
<br />(2) Joint Federal Highway Administration (FHWA)/FTA document,
<br />"lnterin,i Guidance for Implementing Key SAFETEA-LU Provisions on Planning,
<br />Environment, and Air Quality for Joint FHWAIFTA Authorities," dated
<br />September 2, 2005, as amended by joint FHWA/FTA guidance, "SA FETEA-LU
<br />Deadline for New Planning Requirements (July 1, 2007)," dated May 2, 2006
<br />[clarifying Guidance on Implementation of SAFETEA-LUI Planning Provisions],,
<br />and subsequent Federal directives implementing SAFETEA-LU, except to time
<br />extent FTA determines otherwise in writing;
<br />(3) Joint FHWAIFTA regulations, "Planning Assistance and
<br />Standards," 23 C.F.I.. Part 450, and 49 C.F.R. Part 613 to the extent that those
<br />regulations are consistent with the SAFETEA-LU amendments to public
<br />transportation planning and private enterprise laws, and subsequent
<br />amendments to those regulations that may be promulgated; and
<br />(4) FTA regulations, "Major Capital Investment Projects," 4.9 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 private
<br />enterprise laws, and any subsequent amendments to those regulations that
<br />may be subsequently promulgated,
<br />b, Governmental and Private born pLgft_providers oLNoneme.L
<br />gency Tran§portatjop, In
<br />addition to providing opportunities to participate in planning as described in Subsection 12a of this
<br />Agreement, to the extent feasible the Contractor agrees to comply with the provisions of 49 U.&C, §
<br />5323(k), which afford govertirnentall agencies and nonprofit organizations that receive Federal
<br />assistance for nonernergency transportation from Federal Government sources (other than U.S. DOT)
<br />an opportunity to be included in the design, coordination, and planning of transportation services.
<br />c. Infrastructure investment. During the implernentation of the Project, the Contractor
<br />agrees to take into consideration the recommendations of Executive Order No. 12803, "Infrastructure
<br />Privatization," 31 U.S.C. § 501 note, and Executive Order No. 12893, "Principles for Federal
<br />Infrastructure Investments," 31 U.S.C. § 501 note,
<br />Section 13. Preference for United States Products and Services. To the extent
<br />applicable, the Contractor agrees to comply with the following U.S. domestic preference requirements:
<br />a. tau America. The Contractor agrees to comply with 49 U.&C. § 552 0) and FTA
<br />regulations, "Buy America Requirements," 49 C.F.R. Part 661 to the extent those regulations are
<br />consistent with SAFETEA-LU provisions, and Subsequent amendments to those regulations that may
<br />be promulgated. The Contractor also agrees to comply with FTA directives to the extent those
<br />directives are consistent with SAFETEA-LU provisions, except to the extent that FTA or the Department
<br />determines otherwise in writing.
<br />b. Cargo Preference-Use of United States-Flag Vessels. The Contractor agrees to
<br />comply with U.S. Maritime Administration regulations, "Cargo Preference-U.S.-Flag Vessels," 46 C.F.R.
<br />Part 38,1, 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 involved
<br />in or property acquired for the Project unless that air transportation is provided by U.S.-flag air carriers
<br />to the extent service by U.S.-flag air carriers is available, in accordance with the requirements of the
<br />International Air Transportation Fair Competitive Practices Act of 1974„ as amended, 49 U.S,C.
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