Preview
ee
GREGORY M. FOX, Esq. SBN 070876
ew
MICHAEL C. WENZEL, Esq. SBN 215388 FILED
BERTRAND, FOX & ELLIOT ALAMEDA CO
HL
2749 Hyde Street UNTY
WH
San Francisco, CA 94109 Ia
Telephone: (415) 353-0999 cL NOV 1-7-2005
&
Facsimile: (415) 353-0990 antes UPERIOR COURT
y Deer
vA
HARVEY LEVINE Dephty
CITY OF FREMONT
Nn
City Attorney’s Office
YY
39100 Liberty St.
P.O. Box 5006 .
CO
Fremont, CA 94537-5006
Oo
Attorneys for Defendant CITY OF FREMONT
TS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA — UNLIMITED JURISDICTION
DEBE
LUCINA CHAVEZ, Case No.: HG03110319
Plaintiff,
|
VS,
DECLARATION OF MICHAEL BARRETT
aERA
IN SUPPORT OF DEFENDANT CITY OF
CITY OF FREMONT, BAY CITIES PAVING FREMONT’S MOTION FOR SUMMARY
& GRADING A/K/A BAY CITIES PAVING } JUDGMENT OR IN THE ALTERNATIVE
AND DOES ONE through TWENTY, SUMMARY ADJUDICATION
FF
Defendants.
CITY OF FREMONT
}
ile oy TAK
R ND fF
Cross-Complainant Date; February 1, 2006
RUS
Time: 9:00 a.m.
|
Location; Dept. 512
YN
VS.
Res, No.: R536452
NH
Judge: Honorable Bonnie Sabraw
BAY CITIES PAVING & GRADING A/K/A
BAY CITIES PAVING AND ROES ONE
FG
through TWENTY,
Defendants.
ea
Mw 2
DECLARATION OF MICHAEL BARRETT INSUPPORT OF DEFENDANT CITY OF FREMONT'S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION
Chavez v.Cityof Fremant[CaseNo. HG-03«110319
Bom
I, MICHAEL BARRETT, declare:
1. Lam Assistant City Attorney for the CITY OF FREMONT (“the CITY”), a named
WwW
defendant in the above-captioned matter. I have personal knowledge of the facts and
BR
circumstances contained within this declaration and could, if called, competently testify thereto.
A
2. In 2002 the CITY entered into a written agreement with BAY CITIES PAVING AND
SN
GRADING (“BAY CITIES”) to perform asphalt overlays on various streets within the CITY -
through and including September of 2002. .
Om
3. I was a Senior Deputy City Attomey for the CITY at the time the agreement with
0
BAY CITIES was signed. In my capacity as aCITY attorney, I reviewed the agreement prior to _
Ot
itbeing executed and approved itas to form by signing the agreement.
4. Attached hereto as Exhibit A is a true and correct copy of the May 23, 2003 written
agreement between the CITY and BAY CITIES for the re-paving of various streets within the
RAEBS _
CITY.
I declare under penalty of perjury under the. laws of the State of California that the
foregoing is true and correct,
Executed this 16" day of November, 2005 at Fremont, California.
SREB
—_
C BARRETT
EB BSR
ak Wh
KR
eos
NN Ww
DECLARATION OF MICHABL BARRETT INSUPPORT OF DEFENDANT CITY OF FREMONT'S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION
Chavez y,Cltyof Eremant[CaseNo. HG-03«110319 2
TOTAL P.@3
a , ae
\
eo @ @
CONTRACT . a
CITY OF FREMONT, CALIFORNIA
ASPHALT OVERLAYS, 8234-A(PWC)
IN THE CITY OF FREMONT, ALAMEDA COUNTY, CALIFORNIA
THIS AGREEMENT, made and concluded, in duplicate, this 23
day of May , 2002 ', between the City of
Fremont, thereof, Party of the First Part, and Bay Cities Pavirig &
Grading, Inc. , Contractor, Party of the Second Part.
nS
ARTICLE I Witnesseth, that for and in consideration of the payments
‘and agreements hereinafter mentioned, to be made and performed by the
said Party of the First Part, and under the conditions expressed in
the two bonds, bearing even date with these presents, and hereunto
annexed, the said Party of the Second Part agrees with the said Party
.of the First Part, at his own proper cost and expense, to do all the
work and furnish all the materials, except such as are mentioned in
the specifications to be furnished by said Party of the First Part,
necessary to construct and complete in a good, workmanlike, and
substantial manner, and to the satisfaction of the Department of
Public Works, improvements in accordance with that certain document
headed "Special Provisions, Rubberized Asphalt Concrete Overlays,
Contract No. 8234-A(PWC)," which specifications are hereby specially
referred to and by such reference made a part hereof.
Reference is also made to the Standard Specifications of the
Department of Transportation, dated July 1992, which Standard
Specifications are hereby specially referred to and by such reference
made a part hereof.
The work to be done is shown on the set of plans entitled, Asphalt
Overlays, 8234-A(PWC), City of Fremont, California, dated, March,
2000.
ARTICLE II And the said Contractor,agrees to receive and accept as
full compensation for furnishing all materials and for doing all the
work contemplated and embraced in this agreement; also for all loss or
damage arising out of the nature of the work aforesaid, or from the
action of the elements, or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of
the work until its acceptance by the City of Fremont, and for all
risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension or ;
discontinuance of work and for well and faithfully completing the
work, and the whole thereof, in the manner, and according to the plans
and specifications, and the requirements of the Engineer under them,
the prices set out in his bid to the City Council, a copy of which is
attached hereto and made a part hereof. Said bid being identified as
UNIT PRICE SCHEDULE.
ARTICLE III The said Party of the First Part hereby promises and
agrees with the said Contractor to employ and does hereby employ the
said Contractor to provide the materials and to do the work according
to the terms and conditions herein contained and referred to, for the
prices aforesaid, and hereby contracts to pay the same at the time, in
the manner and upon the conditions set forth: and the said parties for
themselves, their heirs, executors, administrators and assigns, do
hereby agree to the full performance of the covenants nerein ©
‘contained.
‘ . ~
ARTICLE IV The Contractor shall assume the defense of and indemnify
and save harmless the City and the City’s officers, agents and
employees from all claims, liability, loss, damage and injury of every
kind, nature and description, directly or indirectly resulting from
the natureof the work, the performance of this contract, the
ownership, maintenance or use of motor vehicles in connection
therewith, or the act, omission, operation or conduct of the
Contractor or any subcontractor is merely a condition, rather than a
cause, of the claim, liability, loss, damage or injury.
ARTICLE V It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this
instrument and the bid or proposal of said contractor, then this
instrument shall control and nothing herein shall be considered as an
acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI City of Fremont Affirmative Action Program
1. Affirmative Action Generally. The Contractor will not discriminate
against any employee or applicant for employment becausé of race,
color, national origin or ancestry or religion. Contractor will
take affirmative actions to insure that applicants are employed and
are treated during employment without regard to their race, color,
national origin or ancestry or religion, with the goal that the
ethnic composition of the Contractor’s work force component for the
project will approximate the ethnic compositions of the population
of Alameda County. Such actions shall include but not be limited
to, employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship, free apprenticeship training and on-the-job
training. The Contractor agrees to post in conspicuous places
available to employees and applicants for employment notices to be
provided by the City of Fremont as awarding authority serting forth
the provisions of this nondiscrimination clause.
2. Access to Records. The Contractor will permit access to his records
of employment, employment advertisements, application forms and
other pertinent data and records by the Fair Employment Practices
Commission, the City of Fremont or any appropriate emplovee,
department or agent thereof designated by the Fair Employment
Practices Commission or by the City of Fremont respectively, for
the purposes of investigating to ascertain compliance to the
California Faiz Employment Practices Act or this nondiscrimination
clause.
T Oe @f :
3. Violations:
~
a. Findings. The City of Fremont shall deem a finding of .
ul
oth
ertbe
ye
violation of the California Fair Employment Practices o
ys
c
ct
have occurred upon receipe of written notice from the ”
~
pr
Employment Practices Commission that it has investigated and
determined that the Contractor has violated the Fair Employmenc
Practices Act and has issued an order under Labor Code
Section 1426 or obtained an injunction under Labor Code
Section 1429. Upon receipt of such norice, the City of Fremont
shall notify the Contractor that unless he demonstrates to the
satisfaction of the City of Fremont within a stated period the
violation has been corrected, said Contractor snall be subject
to the sanctions herein provided.
Same. Pursuant to Labor Code Section 1726, the City of Fremont
shall take cognizance of violations of the provisions of this
nondiscrimination clause committed in the course of execution of
the contract. The City of Fremont shall not make a finding of
such a violation except pursuant to a public hearing and five
days notice to the Contractor of the time and place of such
hearing. Upon making a finding of a violation of this
nondiscrimination clause, the City of Fremont shall notify the
Contractor and unless he demonstrates to the satisfaction of the
City of Fremont within a stated period that the violation has
been corzected, said contract shall be subject to the sanctions
herein provided.
4. Violations:
a. Sanctions. The Contractor agrees that a finding of wiliful
violation of the California Fair Employment Practices Act or of
this nondiscrimination clause may be regarded by the City of
Fremont as the basis of determining the Contractor not to be a
“tesponsible bidder" as to future contracts for which such
Contractor me_- submit bids. The Contractor further agrees that
such determination by the City of Fremont shall remain in effecc
until the Contractor demonstrates to the satisfaction of the
City of Fremont that the violation has been corrected.
Same. Contractor agrees that should the City of Fremont
determine that the Contractor has not complied with the
California Fair Employment Practices Act or this
nondiscrimination clause and pursuant to Labor Code Section 1735
and 1775, the Contractor shall as a penalty to the City of
Fremont, forfeit for each calendar day. or portion thezeof for
each person who is denied employment as a result of such
noncompliance the penaities provided in Labor Code Section 1775
or violation prevailing wage rates. Such monies may be
ec overed from the Contractor. The City of Fremont may Geduct
any such penalties from progress payments, the final payment or
other monies due the Contractor.
Monthly Reports. The Contractor shall on the last working day o
rh
mae
in
itt
Ae, . soy
.
i
rtm
.
each month submit a report to the Director of Maintenance and
Recreation Services, in writing, a narrative of nis efisr=s ro
ensure equal employment opportunities. Reports shail include an
appraisal as to the effectiveness of the Contractor's program and
~list those factors and conditions which impede, restrict or account
for less than complete success of the program.
Equal Employment Opportunity Officer. The Contractor will assiadn an
Ov
equal employment opportunity officer full time or as additional
duty who shall have the authority and responsibility to administer
and promote an active program to carry into practice the
Contractor’s equal employment opportunity policy. ,
7. Recruitment.
a. Non-Union Employees. If the Contractor employs non-union
employees on this project, such employees shall be recruited in-
accordance with provisions of this subdivision. Advertising
Placed with any media will include the notation: “An Equal
Opportunity Employer.* Advertisements will be placed with media
having large circulation among minority groups. The Contractor
will send to each source of employee referrals, other than labor
unionsox worker's representatives, a notice in such form and
content as will be furnished or approved by the City of Fremont
advising said source of employee referrals the Contractor’s
commitments under this nondiscrimination clause and shall post
copiesof the notice in conspicuous places available to
employees and applicants for employment.
Recruitment of non-union employees shall to the maximum extent
possible utilize the services of minority organizations likely
to be referral sources for minority group employees.
Union Employees. Union employees shall be recruited in I
accordance with applicable labor agreements. Contractor will
send to each labor union or representative or workers with which
he has a collective bargaining agreement or other contract or
understanding, a notice in such form ahd content as shall be
furnished or approved by the City of Fremont, advising said
labor union or worker's representative of the Contractor's
commitments under this nondiscrimination clause and shall post
copies of the notice in conspicuous places available to
employees and applicants for employment. Contractor agrees to
seek the inclusion in ali union agreements to which he is a
party, clauses prohibiting discrimination based upon race,
color, national origin or ancestry or religion. To the maximum
extent consistent with applicable labor agreements, the
Contractor will attempt to recruit applicants without regard to
race, color, national origin or ancestry or religion. j
&
8. Subcontracts. The Contractor will include Form 1093, amendment to
subcontract in each subcontract for this project so that such
provisions wiil be binding upon each subcontractor.
5% + :
3
City Manager. The City Manager of the City of Fremont is hereby
\O
designated by the parties as the official authorized to
investigate, review and evaluate the Tontractor'’s performance of
Ais obligations under this nondiscrimination clause and to reporc
the results of such investigation, review or evaluation to the Fair
Enployment Practices Commission of the State of California or to
the City Council of the City of Fremonc, or to both. Contractor
agrees =9 cooperate the fullest extend with che City Manager or nis
representative in the exercise of the authority here conferred,
sacluding but not limited to promptiy furnishing reports requestad
From the Contraccor on forms approved by the Cicy Council.
ARTICLE VII It is furcher agreed that’ in the event it becomes
necessary for either party hereto to employ an attorney and to file
suic to enforce any of the provisions of this contract, then, in
addition to any other relief or damages awarded the prevailing party,
there shall be awarded reasonable attorney’s fees in additional
damages.
IN WITNESS WHEREOF, the parties to these presents have hereto set
their hands the year and date first above written.
CITY OF FREMONT,
PAL CORPORATION,
F THE if £2
Leff ‘Yanage? Ae
rz other than individual or corporation, list names of all members who
have authority to bind fizm.
Firm Name:
Signature
Address:
Contractor’s License No.:
mm
IF CORPORATION, FILL OUT FOLLOWING AND EXECUTE
Name of President of Corporation: Benjamin L. Rodriguez, Jr.
Name of Secretary of Corporation: Kim Rodriguez
Corporat ion is organized under the laws of State of California
Firm Name: Pav. Grading, Inc.
Signature:
‘Title of Of: Rodriguez ~ Secre aa
Sere
Address: 5029Forni Dr., Concord, CA 94520 Po
Contractor’s License No.: 939650
Benjamin L. Rodriguez, Jr.
, Owner
Preview
ee GREGORY M. FOX, Esq. SBN 070876 ew MICHAEL C. WENZEL, Esq. SBN 215388 FILED BERTRAND, FOX & ELLIOT ALAMEDA CO HL 2749 Hyde Street UNTY WH San Francisco, CA 94109 Ia Telephone: (415) 353-0999 cL NOV 1-7-2005 & Facsimile: (415) 353-0990 antes UPERIOR COURT y Deer vA HARVEY LEVINE Dephty CITY OF FREMONT Nn City Attorney’s Office YY 39100 Liberty St. P.O. Box 5006 . CO Fremont, CA 94537-5006 Oo Attorneys for Defendant CITY OF FREMONT TS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA — UNLIMITED JURISDICTION DEBE LUCINA CHAVEZ, Case No.: HG03110319 Plaintiff, | VS, DECLARATION OF MICHAEL BARRETT aERA IN SUPPORT OF DEFENDANT CITY OF CITY OF FREMONT, BAY CITIES PAVING FREMONT’S MOTION FOR SUMMARY & GRADING A/K/A BAY CITIES PAVING } JUDGMENT OR IN THE ALTERNATIVE AND DOES ONE through TWENTY, SUMMARY ADJUDICATION FF Defendants. CITY OF FREMONT } ile oy TAK R ND fF Cross-Complainant Date; February 1, 2006 RUS Time: 9:00 a.m. | Location; Dept. 512 YN VS. Res, No.: R536452 NH Judge: Honorable Bonnie Sabraw BAY CITIES PAVING & GRADING A/K/A BAY CITIES PAVING AND ROES ONE FG through TWENTY, Defendants. ea Mw 2 DECLARATION OF MICHAEL BARRETT INSUPPORT OF DEFENDANT CITY OF FREMONT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Chavez v.Cityof Fremant[CaseNo. HG-03«110319 Bom I, MICHAEL BARRETT, declare: 1. Lam Assistant City Attorney for the CITY OF FREMONT (“the CITY”), a named WwW defendant in the above-captioned matter. I have personal knowledge of the facts and BR circumstances contained within this declaration and could, if called, competently testify thereto. A 2. In 2002 the CITY entered into a written agreement with BAY CITIES PAVING AND SN GRADING (“BAY CITIES”) to perform asphalt overlays on various streets within the CITY - through and including September of 2002. . Om 3. I was a Senior Deputy City Attomey for the CITY at the time the agreement with 0 BAY CITIES was signed. In my capacity as aCITY attorney, I reviewed the agreement prior to _ Ot itbeing executed and approved itas to form by signing the agreement. 4. Attached hereto as Exhibit A is a true and correct copy of the May 23, 2003 written agreement between the CITY and BAY CITIES for the re-paving of various streets within the RAEBS _ CITY. I declare under penalty of perjury under the. laws of the State of California that the foregoing is true and correct, Executed this 16" day of November, 2005 at Fremont, California. SREB —_ C BARRETT EB BSR ak Wh KR eos NN Ww DECLARATION OF MICHABL BARRETT INSUPPORT OF DEFENDANT CITY OF FREMONT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Chavez y,Cltyof Eremant[CaseNo. HG-03«110319 2 TOTAL P.@3 a , ae \ eo @ @ CONTRACT . a CITY OF FREMONT, CALIFORNIA ASPHALT OVERLAYS, 8234-A(PWC) IN THE CITY OF FREMONT, ALAMEDA COUNTY, CALIFORNIA THIS AGREEMENT, made and concluded, in duplicate, this 23 day of May , 2002 ', between the City of Fremont, thereof, Party of the First Part, and Bay Cities Pavirig & Grading, Inc. , Contractor, Party of the Second Part. nS ARTICLE I Witnesseth, that for and in consideration of the payments ‘and agreements hereinafter mentioned, to be made and performed by the said Party of the First Part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, the said Party of the Second Part agrees with the said Party .of the First Part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said Party of the First Part, necessary to construct and complete in a good, workmanlike, and substantial manner, and to the satisfaction of the Department of Public Works, improvements in accordance with that certain document headed "Special Provisions, Rubberized Asphalt Concrete Overlays, Contract No. 8234-A(PWC)," which specifications are hereby specially referred to and by such reference made a part hereof. Reference is also made to the Standard Specifications of the Department of Transportation, dated July 1992, which Standard Specifications are hereby specially referred to and by such reference made a part hereof. The work to be done is shown on the set of plans entitled, Asphalt Overlays, 8234-A(PWC), City of Fremont, California, dated, March, 2000. ARTICLE II And the said Contractor,agrees to receive and accept as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Fremont, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or ; discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner, and according to the plans and specifications, and the requirements of the Engineer under them, the prices set out in his bid to the City Council, a copy of which is attached hereto and made a part hereof. Said bid being identified as UNIT PRICE SCHEDULE. ARTICLE III The said Party of the First Part hereby promises and agrees with the said Contractor to employ and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth: and the said parties for themselves, their heirs, executors, administrators and assigns, do hereby agree to the full performance of the covenants nerein © ‘contained. ‘ . ~ ARTICLE IV The Contractor shall assume the defense of and indemnify and save harmless the City and the City’s officers, agents and employees from all claims, liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting from the natureof the work, the performance of this contract, the ownership, maintenance or use of motor vehicles in connection therewith, or the act, omission, operation or conduct of the Contractor or any subcontractor is merely a condition, rather than a cause, of the claim, liability, loss, damage or injury. ARTICLE V It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI City of Fremont Affirmative Action Program 1. Affirmative Action Generally. The Contractor will not discriminate against any employee or applicant for employment becausé of race, color, national origin or ancestry or religion. Contractor will take affirmative actions to insure that applicants are employed and are treated during employment without regard to their race, color, national origin or ancestry or religion, with the goal that the ethnic composition of the Contractor’s work force component for the project will approximate the ethnic compositions of the population of Alameda County. Such actions shall include but not be limited to, employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, free apprenticeship training and on-the-job training. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by the City of Fremont as awarding authority serting forth the provisions of this nondiscrimination clause. 2. Access to Records. The Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, the City of Fremont or any appropriate emplovee, department or agent thereof designated by the Fair Employment Practices Commission or by the City of Fremont respectively, for the purposes of investigating to ascertain compliance to the California Faiz Employment Practices Act or this nondiscrimination clause. T Oe @f : 3. Violations: ~ a. Findings. The City of Fremont shall deem a finding of . ul oth ertbe ye violation of the California Fair Employment Practices o ys c ct have occurred upon receipe of written notice from the ” ~ pr Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employmenc Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such norice, the City of Fremont shall notify the Contractor that unless he demonstrates to the satisfaction of the City of Fremont within a stated period the violation has been corrected, said Contractor snall be subject to the sanctions herein provided. Same. Pursuant to Labor Code Section 1726, the City of Fremont shall take cognizance of violations of the provisions of this nondiscrimination clause committed in the course of execution of the contract. The City of Fremont shall not make a finding of such a violation except pursuant to a public hearing and five days notice to the Contractor of the time and place of such hearing. Upon making a finding of a violation of this nondiscrimination clause, the City of Fremont shall notify the Contractor and unless he demonstrates to the satisfaction of the City of Fremont within a stated period that the violation has been corzected, said contract shall be subject to the sanctions herein provided. 4. Violations: a. Sanctions. The Contractor agrees that a finding of wiliful violation of the California Fair Employment Practices Act or of this nondiscrimination clause may be regarded by the City of Fremont as the basis of determining the Contractor not to be a “tesponsible bidder" as to future contracts for which such Contractor me_- submit bids. The Contractor further agrees that such determination by the City of Fremont shall remain in effecc until the Contractor demonstrates to the satisfaction of the City of Fremont that the violation has been corrected. Same. Contractor agrees that should the City of Fremont determine that the Contractor has not complied with the California Fair Employment Practices Act or this nondiscrimination clause and pursuant to Labor Code Section 1735 and 1775, the Contractor shall as a penalty to the City of Fremont, forfeit for each calendar day. or portion thezeof for each person who is denied employment as a result of such noncompliance the penaities provided in Labor Code Section 1775 or violation prevailing wage rates. Such monies may be ec overed from the Contractor. The City of Fremont may Geduct any such penalties from progress payments, the final payment or other monies due the Contractor. Monthly Reports. The Contractor shall on the last working day o rh mae in itt Ae, . soy . i rtm . each month submit a report to the Director of Maintenance and Recreation Services, in writing, a narrative of nis efisr=s ro ensure equal employment opportunities. Reports shail include an appraisal as to the effectiveness of the Contractor's program and ~list those factors and conditions which impede, restrict or account for less than complete success of the program. Equal Employment Opportunity Officer. The Contractor will assiadn an Ov equal employment opportunity officer full time or as additional duty who shall have the authority and responsibility to administer and promote an active program to carry into practice the Contractor’s equal employment opportunity policy. , 7. Recruitment. a. Non-Union Employees. If the Contractor employs non-union employees on this project, such employees shall be recruited in- accordance with provisions of this subdivision. Advertising Placed with any media will include the notation: “An Equal Opportunity Employer.* Advertisements will be placed with media having large circulation among minority groups. The Contractor will send to each source of employee referrals, other than labor unionsox worker's representatives, a notice in such form and content as will be furnished or approved by the City of Fremont advising said source of employee referrals the Contractor’s commitments under this nondiscrimination clause and shall post copiesof the notice in conspicuous places available to employees and applicants for employment. Recruitment of non-union employees shall to the maximum extent possible utilize the services of minority organizations likely to be referral sources for minority group employees. Union Employees. Union employees shall be recruited in I accordance with applicable labor agreements. Contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice in such form ahd content as shall be furnished or approved by the City of Fremont, advising said labor union or worker's representative of the Contractor's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Contractor agrees to seek the inclusion in ali union agreements to which he is a party, clauses prohibiting discrimination based upon race, color, national origin or ancestry or religion. To the maximum extent consistent with applicable labor agreements, the Contractor will attempt to recruit applicants without regard to race, color, national origin or ancestry or religion. j & 8. Subcontracts. The Contractor will include Form 1093, amendment to subcontract in each subcontract for this project so that such provisions wiil be binding upon each subcontractor. 5% + : 3 City Manager. The City Manager of the City of Fremont is hereby \O designated by the parties as the official authorized to investigate, review and evaluate the Tontractor'’s performance of Ais obligations under this nondiscrimination clause and to reporc the results of such investigation, review or evaluation to the Fair Enployment Practices Commission of the State of California or to the City Council of the City of Fremonc, or to both. Contractor agrees =9 cooperate the fullest extend with che City Manager or nis representative in the exercise of the authority here conferred, sacluding but not limited to promptiy furnishing reports requestad From the Contraccor on forms approved by the Cicy Council. ARTICLE VII It is furcher agreed that’ in the event it becomes necessary for either party hereto to employ an attorney and to file suic to enforce any of the provisions of this contract, then, in addition to any other relief or damages awarded the prevailing party, there shall be awarded reasonable attorney’s fees in additional damages. IN WITNESS WHEREOF, the parties to these presents have hereto set their hands the year and date first above written. CITY OF FREMONT, PAL CORPORATION, F THE if £2 Leff ‘Yanage? Ae rz other than individual or corporation, list names of all members who have authority to bind fizm. Firm Name: Signature Address: Contractor’s License No.: mm IF CORPORATION, FILL OUT FOLLOWING AND EXECUTE Name of President of Corporation: Benjamin L. Rodriguez, Jr. Name of Secretary of Corporation: Kim Rodriguez Corporat ion is organized under the laws of State of California Firm Name: Pav. Grading, Inc. Signature: ‘Title of Of: Rodriguez ~ Secre aa Sere Address: 5029Forni Dr., Concord, CA 94520 Po Contractor’s License No.: 939650 Benjamin L. Rodriguez, Jr. , Owner