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insurance from any contractor(s) and subcontractor(s) prior to the commencement of any <br />work under this Agreement. <br />14.TRAFFIC CONTROL AND TRAFFIC SAFETY <br />The Grantee shall provide for adequate traffic control and safety measures at any site where <br />Grantee and its subcontractors will perform any work under this Agreement. <br />15.AIR OR WATER POLLUTION VIOLATION <br />Grantee warrants that it is not (1) in violation of any order or resolution not subject to review <br />promulgated by the State Air Resources Board or an air pollution control district; (2) subject <br />to any cease and desist order not subject to review issued pursuant to Water Code section <br />13301 for violation of waste discharge requirements or discharge prohibitions; or (3) finally <br />determined to be in violation of provisions of federal law relating to air or water pollution. <br />16.ENTIRE AGREEMENT <br />This Agreement consists of the terms of this Agreement and all attachments, which are <br />expressly incorporated herein. No amendment or variation of the terms of this Agreement <br />shall be valid unless made in writing, signed by the parties and approved as required. <br />17.APPROVAL OF AGREEMENT AND AMENDMENTS <br />This Agreement and any variation thereto is of no force or effect until signed by both parties <br />and approved by the Department of General Services, if required. Commencement of <br />performance prior to approval of this Agreement will be at the Grantee’s own risk. <br />18.DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENT <br />There are no Disabled Veteran Business Enterprise participation requirements with this <br />agreement. <br />19.AUTHORITY TO CONTRACT <br />Grantee must provide DBW with evidence of its authority to enter into this Agreement. <br />Grantee may provide a delegation of contracting authority from its local governing body that <br />by law has authority to contract. Alternatively, Grantee shall provide DBW with a resolution, <br />order, motion, or ordinance of its local governing body that by law has authority to contract, <br />authorizing execution of this Agreement. <br />20.COMPLIANCE WITH LAW AND REGULATIONS <br />Grantee and its subcontractor(s) shall comply with all applicable laws and regulations of the <br />State of California for all work to be performed under this Agreement. By signing this <br />Agreement, Grantee certifies its compliance and the compliance of all subcontractors with: <br />(a) applicable provisions of the California Environmental Quality Act; (b) Nondiscrimination <br />Program requirements of Government Code section 12990 (a-f) and Title 2, California Code <br />of Regulations, section 8103 (and section 8113 in contracts over $5,000) along with section <br />7285 et. seq. of the Fair Employment and Housing Act; (c) Drug-Free Workplace requirement <br />of Government Code section 8350 et seq.; (d) National Labor Relations Board Certification of <br />Public Contract Code section 10296; (e) Workers’ Compensation requirement of Labor Code <br />section 3700; and (f) Americans with Disabilities Act regulations issued pursuant to 42 U.S.C. <br />section 12101 et seq. <br />21.INDEPENDENT CONTRACTOR <br />Grantee and its employees are independent contractors and shall not be considered officers <br />or employees of DBW or agents of the State of California. <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 8 of 3939 <br />87