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principles and shall clearly identify and make such items readily accessible b}such parties during <br />C(}N8ULTANT/s performance hereunder and for a period of four (4) years from the date of final <br />payment by AUTHORITY. /\UTM[)R|TY'S right tU audit books and records directly related tOthis <br />Agreement shall also extend to all first-tier subcontractors identified in thisAgreement. CONSULTANT <br />shall permit any uf the foregoing parties t0 reproduce documents Dy any means whatsoever Or to copy <br />excerpts and transcriptions 8y reasonably necessary. <br />All contractual provisions required bv Department Vf Transportation /[)[}T\. whether Ornot <br />expressly set forth iD this document, 8s set forth in Federal Transit Administration (FTA)Circular <br />4220.1 F, as onoonded, are hereby incorporated by reference. Anything to the CnDt|@ry herein <br />notwithstanding, all FTA mandated terms shall he deemed tO control iUthe event 8[8 conflict with <br />other provisions contained iD this Agreement. CONSULTANT shall not perform any act, fail tVperform <br />any act, V[refuse to comply with any requests, which would cause AUTHORITY toheiD violation Of <br />the FTA terms and conditions, <br />ARTICLE 8. ENERGY CONSERVATION REQUIREMENTS <br />CONSULTANT shall comply with rn8DdGtDry Si@DU@Pj$ and pV|ioioo relating to energy <br />efficiency which are contained in the state energy oonoorvgKOD p|88 issued in compliance with the <br />Energy Policy Conservation Act. <br />ARTICILE9. FLY AMERICA REQUIREMENTS <br />CONSULTANT agrees h} comply with 4OU.S.C.4U118 (the "Fly America" Act) inaccordance <br />with the General Services Administration's regulations 8t41CFR Part 301-iO'which provide that <br />recipients and sub-recipient of Federal funds and their contractors are required to use U,S. Flag air <br />carriers for U.S. GQVe[ODAeOt-fin8U88d international air travel and transportation of their personal <br />effects or property, tothe extent such service is available, unless travel by foreign air carrier is a matter <br />of necessity, as defined by the Fly America Act. CONSULTANT shall submit, if a foreign air carrier <br />was used, an appropriate certification or memorandum adequately explaining why service by a LLS. <br />flag air carrier was not available 0r why it was necessary tOuse a foreign air carrier and shall, inany <br />event, provide a certificate of compliance with the Fly America requirements. CONSULTANT agrees <br />to include the requirements of this section in all subcontracts that may involve international air <br />transportation. <br />ARTICLE 10. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY OCEAN <br />VESSEL <br />A. CONSULTANT shall utilize privately owned United States-flag commercial vessels t8 <br />ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and <br />tankers) invo|ved, whenever shipping any 8qUipDl80t. materials or commodities pursuant to this <br />section, tVthe extent such vessels are available at fair and reasonable rates for United States-flag <br />commercial vessels. <br />& CONSULTANT Sh8U furnish within hwonb/ /20> working days fuU0vvng the date of <br />loading for shipments originating within the United States, 0r within thirty (30) working days following <br />Exhibit <br />Page 15 <br />