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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />EXHIBIT D <br />principles and shall clearly identify and make such items readily accessible to such parties during <br />CONSULTANT's performance hereunder and for a period of four (4) years from the date of final <br />payment by AUTHORITY. AUTHORITY's right to audit books and records directly related to this <br />Agreement shall also extend to all first -tier subcontractors identified in this Agreement. CONSULTANT <br />shall permit any of the foregoing parties to reproduce documents by any means whatsoever or to copy <br />excerpts and transcriptions as reasonably necessary. <br />ARTICLE 7. INCORPORATION OF FTA TERMS <br />All contractual provisions required by Department of Transportation (DOT), whether or not <br />expressly set forth in this document, as set forth in Federal Transit Administration (FTA) Circular <br />4220.117, as amended, are hereby incorporated by reference. Anything to the contrary herein <br />notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with <br />other provisions contained in this Agreement. CONSULTANT shall not perform any act, fail to perform <br />any act, or refuse to comply with any requests, which would cause AUTHORITY to be in violation of <br />the FTA terms and conditions. <br />ARTICLE 8. ENERGY CONSERVATION REQUIREMENTS <br />CONSULTANT shall comply with mandatory standards and policies relating to energy <br />efficiency which are contained in the state energy conservation plan issued in compliance with the <br />Energy Policy Conservation Act. <br />ARTICLE 9. FLY AMERICA REQUIREMENTS <br />CONSULTANT agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance <br />with the General Services Administration's regulations at 41 CFR Part 301 -10, 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. Government - financed international air travel and transportation of their personal <br />effects or property, to the 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 U.S. <br />flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any <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 to <br />ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and <br />tankers) involved, whenever shipping any equipment, materials or commodities pursuant to this <br />section, to the extent such vessels are available at fair and reasonable rates for United States -flag <br />commercial vessels. <br />B. CONSULTANT shall furnish within twenty (20) working days following the date of <br />loading for shipments originating within the United States, or within thirty (30) working days following <br />Exhibit D <br />Page 15 <br />L: \Camm \CLERICAL\W ORDP ROC`AG R EE�AG53581 -2se,O 5827. docx <br />