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memorandum adequately explaining why service by a U.S. flag air carrier <br />was not available or why it was necessary to use a foreign air carrier and <br />shall, in any event, provide a certificate of compliance with the Fly America <br />requirements. Contractor agrees to include the requirements of this section in <br />all subcontracts that may involve international air transportation. <br />g. TRANSPORTATION OF EQUIPMENT, MATERIALS OR COMMODITIES BY <br />OCEAN VESSEL. <br />1. Contractor shall utilize privately owned United States-flag commercial <br />vessels to ship at least 50% of the gross tonnage (computed separately <br />for dry bulk carriers, dry cargo liners and tankers) involved, whenever <br />shipping any equipment, materials or commodities pursuant to this <br />section, to the extent such vessels are available at fair and reasonable <br />rates for United States-flag commercial vessels. <br />2. Contractor shall furnish within twenty (20) working days following the date <br />of loading for shipments originating within the United States, or within <br />thirty (30) working days following the date of loading for shipping <br />originating outside the United States, a legible copy of a rated, "on-board" <br />commercial ocean bill-of lading in English for each shipment of cargo <br />described in paragraph 1 of this Article to City and to the Division of <br />National Cargo, Office of Market Development, Maritime Administration, <br />Washington, DC 20590, marked with appropriate identification of the <br />project. <br />h. INCORPORATION OF FTA TERMS. All contractual provisions required by <br />Department of Transportation (DOT), whether or not expressly set forth in this <br />document, as set forth in Federal Transit Administration (FTA) Circular <br />4220.1 F, as amended, are hereby incorporated by reference. Anything to the <br />contrary herein notwithstanding, all FTA mandated terms shall be deemed to <br />control in the event of a conflict with other provisions contained in this <br />Agreement. Contractor shall not perform any act, fail to perform any act, or <br />refuse to comply with any requests, which would cause City to be in violation <br />of the FTA terms and conditions. <br />XVIII. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has <br />the power, authority and right to bind their respective parties to each of the <br />terms of this Agreement, and shall indemnify City fully, including reasonable <br />costs and attorney's fees, for any injuries or damages to City in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement the <br />date and year first above written. <br />25H-17