AgdaPkt 2016-03-28 Joint SA and PFA

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ATTY/AGR/2016.053/CDM SMITH REV: 03-22-16 JS Page 17 of 18 38.2 Pursuant to the authority contained in Section 591 of the Vehicle Code, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 38.3 Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Section 38. 39. National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. 40. Remedies. City shall have the right, in addition to any other administrative, contractual, or legal rights or remedies, to institute any action at law or in equity to cure, correct, prevent or remedy any violation of breach of this Agreement, or to recover damages for any violation or breach, or to obtain any other remedy consistent with the purpose of this Agreement. 41. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. [Signature Page Follows] 6.1.B. - Page 19