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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: January 25, 2005

Subject/Title: Adopt a Resolution approving the Contract Documents and Award the Construction Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629.

Prepared by: Engineering: P. Eldredge

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution approving the contract documents and award the construction contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629, to Tidelands Construction Company and authorize the City Manager to execute the agreement and necessary documents in the amount of $7,858,130, plus a 5% contingency.

PREVIOUS ACTION
On September 26, 1995, City Council approved Resolution No. 95-215, authorizing the execution of an agreement with the Contra Costa Water District for water supply.

On March 10, 1998, City Council approved Resolution No. 98-41, approving the principles of the agreement between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for Long-Term Water Supply and authorizing the City Engineer to continue negotiations with ECCID and CCWD to reach a mutually beneficial agreement for all parties.

On December 14, 1999, City Council approved Resolution No. 99-254, approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment.

On August 12, 2003, City Council approved Resolution No. 2949, authorizing the City Manager to execute the amendment to the agreement with the Contra Costa Water District pertaining to treated water services.

On August 12, 2003, City Council approved Resolution No. 2944, authorizing the City Manager to execute a Professional Services Agreement for Raines, Melton & Carella, Inc. for the Design Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629.

On August 24, 2004, City Council approved Resolution No. 2004-206, authorizing the City Manager to execute an agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629.

On December 14, 2004, City Council approved Resolution No. 2204-283, authorizing the City Manager to execute a Professional Services Agreement for The Covello Group, Inc. to provide construction management assistance for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629.

BACKGROUND
The agreement between ECCID and the City of Brentwood, approved by the City Council in December 1999, provided the City with the first right of refusal of 14,800 acre-feet of water annually to be used for municipal purposes. Additionally, the City Council approved an agreement with CCWD in December 1999 to resolve overlapping service boundaries, provide interim treatment of this new found water source at CCWD’s Randall-Bold Water Treatment Plant (RBWTP) and required both agencies to continue discussions for long term treatment possibilities.

Currently the City pumps this water from the RBWTP through a pipeline owned and operated by the Diablo Water District (DWD) under a separate agreement. As the City of Oakley continues to grow, which is essentially DWD’s service area, there will be less and less capacity available in the pipeline currently utilized by the City of Brentwood. Additionally, it was always understood that this wheeling agreement was to be an interim solution until the City could evaluate alternatives for treatment of its surface water supply and locate a treatment facility.

As a part of the analysis for the long term delivery of treated water to the City of Brentwood, a pipeline and pump station would need to be constructed to deliver treated water from RBWTP, as well as the proposed treatment facility adjacent to RBWTP. However, it was concluded that this pipeline and pump station should be constructed now to provide reliable and sufficient pumping and distribution capacity for the immediate delivery of water from the purchased capacity in the existing RBWTP. The required environmental work and design have been completed and the pipeline and pump station (Phase I) are currently out to bid with an anticipated award of contract before the City Council for consideration in January 2005.

The City of Brentwood advertised the project for construction beginning Friday, December 3, 2004 and bids were opened on January 18, 2005. A total of seven (7) bids were received, the bids were reviewed and the lowest responsive, responsible bid was received from Tidelands Construction Company.

The seven (7) bids were:

1. ACC West Coast Inc. $9,755,235
2. C.W. Roen Construction Co. $8,503,975
3. Kaweah Construction Co. $9,447,052
4. McGuire & Hester $8,773,950
5. Mountain Cascade, Inc. $8,189,720
6. Sundt Construction, Inc. $9,085,000
7. Tidelands Construction Company $7,858,130

Staff recommends the award of the construction contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629 to Tidelands Construction Company, for the amount of $7,858,130 plus a 5% contingency for a total contract amount of $8,251,036.50.

FISCAL IMPACT
The total bid amount is $7,858,130 plus a 5% contingency of $392,906.50, which has been included in the amended in CIP Budget 2004/05 – 2008/09 under CIP Project No. 562-5629, Surface Water Treatment Facility Phase I and II. The pipeline and pump station have also been accounted for in the Development Fee Program.

Attachments:
Resolution
Agreement
Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO APPROVE THE CONTRACT DOCUMENTS AND AWARD THE CONSTRUCTION CONTRACT FOR THE SURFACE WATER TREATMENT FACILITY – PHASE I, CIP PROJECT NO. 562-5629, TO TIDELANDS CONSTRUCTION COMPANY AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND NECESSARY DOCUMENTS IN THE AMOUNT OF $7,858,130, PLUS A 5% CONTINGENCY.

WHEREAS, on December 14, 1999, City Council approved Resolution No. 99-254, approving the agreements between East Contra Costa Irrigation District (ECCID), Contra Costa Water District (CCWD) and the City of Brentwood for long-term water supply, conveyance and treatment; and

WHEREAS, on August 12, 2003, City Council approved Resolution No. 2949, authorizing the City Manager to execute the amendment to the agreement with the Contra Costa Water District pertaining to treated water services; and

WHEREAS, on August 12, 2003, City Council approved Resolution No. 2944, authorizing the City Manager to execute a Professional Services Agreement for Raines, Melton & Carella, Inc. for the Design Contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629; and

WHEREAS, on August 24, 2004, City Council approved Resolution No. 2004-206, authorizing the City Manager to execute an agreement with the Contra Costa Water District pertaining to long term treated water services as a part of the Surface Water Treatment Facility - Phase II, CIP Project No. 562-5629; and

WHEREAS, on December 14, 2004, City Council approved Resolution No. 2204-283, authorizing the City Manager to execute a Professional Services Agreement for The Covello Group, Inc. to provide construction management assistance for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629; and

WHEREAS, the project was advertised for construction beginning Friday, December 3, 2004 and bids were opened on January 18, 2005; and

WHEREAS, a total of seven (7) bids were received, the bids were reviewed and the lowest responsive, responsible bid was received from Tidelands Construction Company; and

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood does hereby award of the construction contract for the Surface Water Treatment Facility – Phase I, CIP Project No. 562-5629 to Tidelands Construction Company for the amount of $7,858,130 plus a 5% contingency for a total contract amount of $8,251,063.50.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 25th day of January 2005 by the following vote:

AGREEMENT FOR CONSTRUCTION

Surface Water Treatment Facility – Phase 1
CIP Project No. 562-5629

THIS AGREEMENT, made and concluded, in triplicate, this 25th day of January 2005, between the City of Brentwood (“Owner”), and Tidelands Construction Company ("Contractor").

W I T N E S S E T H:

1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the payment and performance bonds submitted by Contractor, of even date with this Agreement, Contractor shall at his/her own proper cost and expense, to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner the Work entitled: Surface Water Treatment Facility – Phase 1 Project, No. 562-5629, in strict conformity with the Contract Documents prepared therefore, which Contract Documents, as defined in Section 1090, REFERENCES, are hereby specially referred to and by this reference made a part hereof.

2. Now, therefore, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the work in accordance with the terms and conditions stipulated in the Contract Documents for the sum of Seven Million Eight Hundred Fifty Eight Thousand One Hundred and Thirty Dollars ($7,858,130) computed in accordance with Contractor’s accepted proposal dated January 18, 2005, which accepted proposal is incorporated herein by reference thereto as if herein fully set forth. This sum includes the following bid alternates which have been accepted by the Owner and are hereby incorporated in the Contract. Compensation shall be based upon any lump sum bid items plus the unit prices stated in the Bid Schedule times the actual quantities or units of work and materials performed or furnished. The further terms, conditions, and covenants of this Agreement are set forth in the Contract Documents, each of which is incorporated by this reference made a part hereof. Payments are to be made to the Contractor in accordance with the provisions of the Contract Documents and the Technical Specifications in legally executed and regularly issued warrants of the Owner, drawn on the appropriate fund or funds as required by law and order of the Owner thereof.

3. The Owner hereby promises and agrees with the Contractor to engage, and does hereby engage, the Contractor to provide all of the labor, materials, equipment and services necessary to do the Work according to the terms and conditions herein contained and referred to, for the price set forth above, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth the Contract Documents.

4. The Contractor and any subcontractor performing or contracting any work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

(a) The Contractor shall comply with all applicable provisions of Sections 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall, as a penalty to the Owner, forfeit the sum of twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than 1-1/2 times the basic rate of pay.

(b) Pursuant to the provision of California Labor Code, Sections 1770 et seq., the Contractor and any subcontractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the Owner, which copies shall be made available to any interested party on request. The Contractor shall post a copy of said prevailing rate of per diem wages at each job site.

(c) The Contractor shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to the Owner, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. The Contractor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid to the worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate.

(d) As required under the provisions of Section 1776 of the California Labor Code, Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Said payroll shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in Paragraph 4(f), herein, shall be made available for inspection or furnished upon request to the Owner, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in Paragraph 4(d), herein, shall be made available upon request by the public for inspection or for copies thereof; provided, however, that a request by the public shall be made through either the Owner, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to subparagraph 4(c) herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal offices of the Contractor.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

Each Contractor shall file a certified copy of the records, enumerated in Paragraph 4(d) with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public Owner by the Owner, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. The Contractor shall inform the Owner of the location of the records enumerated under Paragraph 4(d) including the street address, city and county, and shall, within 5 working days, provide a notice of change of location and address. The Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Paragraph 4(d). In the event that the Contractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or the Owner, forfeit $25.00 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Responsibility for compliance with Paragraph 4(d) lies with the Contractor.

(e) In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, the Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance. If the Contractor, in the sole discretion of the Owner satisfies the Owner of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, the Contractor may so act, and in such case, the insurance required by this paragraph need not be provided.

The Contractor is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s Liability limits of $1,000,000 per accident before commencing the performance of the work of this Contract.

The Contractor shall not commence work, until the Contractor submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, the Contractor in signing this agreement certifies to the Owner as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."

No subcontractor shall be allowed to commence work on the Project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by the Contractor and submitted to the Construction Manager for the Owner’s review and records.

(f) In accordance with the provisions of Section 1727 of the California Labor Code, the Owner, before making payment to the Contractor of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the Owner.

5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the Contract Documents and the Contractor’s bid proposal, then the Contract Documents shall control, and nothing contained in this Agreement shall be considered as an acceptance of any terms of said proposal conflicting herewith.

6. The Contractor agrees to provide and maintain insurance coverage, and to indemnify and hold harmless the parties named and in the manner set forth in Section 00800-2.0, LIABILITY AND INSURANCE, of the Supplementary General Conditions of the Specifications.

The duty of Contractor to indemnify and hold harmless, as set forth herein, shall include a duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be construed to require Contractor to indemnify against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

7. The Contractor shall diligently prosecute the work so that it shall be substantially completed within the time specified in Section 00800-1.1, Time Allowed for Completion.

8. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for one (1) full year from the date of Owner’s acceptance of the Work and acceptance thereof by the Owner, to repair or replace any part of the Work which constitutes a defect resulting from the use of inferior or defective materials, equipment or workmanship. If, within said period, any repairs or replacements in connection with the work are, in the opinion of the Owner, rendered necessary as the result of the use of inferior or defective materials, equipment or workmanship, Contractor agrees, upon receipt of notice from Owner, and without expense to Owner, to promptly repair or replace such material or workmanship and/or correct any and all defects therein. If Contractor, after such notice, fails to proceed promptly to comply with the terms of this guarantee, Owner may perform the work necessary to effectuate such correction and recover the cost thereof from the Contractor or its sureties.

In special circumstances where a particular item of work or equipment is placed in continuous service before Substantial Completion of the Work, the correction period for that item may start to run from an earlier date, if agreed upon by the Contractor and Owner on or before the item is placed in continuous service.

Any and all other special guarantees which may be applicable to definite parts of the work under this Agreement shall be considered as an additional guarantee and shall not reduce or limit the guarantee as provided by Contractor pursuant to this paragraph during the first year of the life of such guarantee.

9. The Contractor shall provide, on the execution of this Agreement, a good and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of Contract Price, which bond shall be on the form provided by the Owner in Section 00610, PERFORMANCE BOND FORM, and be conditioned upon the faithful performance of all work required to be performed by the Contractor under the Contract Documents. Said bond shall be liable for any and all penalties and obligations which may be incurred by Contractor under this Agreement. The surety bond shall be issued by a corporate surety authorized to conduct surety business in the State of California and included on the list of approved sureties listed by the U.S. Department of the Treasury in its Circular 570.

10. In addition to the bond required under Paragraph 9, hereof, Contractor shall furnish a good and sufficient corporate surety bond in the penal sum of one hundred percent (100%) of Contract Price, which bond shall be on the form provided by the Owner in Section 00620, PAYMENT BOND FORM, and conform strictly with the provisions of Chapter 7, Title 15, Part 4, Division 3, of the Civil Code of the State of California, and all amendments thereto. The surety bond shall be issued by a corporate surety authorized to conduct surety business in the State of California and included on the list of approved sureties listed by the U.S. Department of the Treasury in its Circular 570.

11. The Contractor may substitute securities for the amounts retained by the Owner to ensure performance of the work in accordance with the provisions of Section 22300 of the Public Contract Code.

12. The Contractor shall be provided the time period prior to award of the Contract specified in Section 01310-2.0, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES, for submission of data substantiating a request for a substitution of an ”or equal" item.

13. As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit in advance of excavations, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the Owner, its consultants and subconsultants, and their directors, partners, officers, employees, agents and servants. Review of the Contractor’s excavation plan is only for general conformance to the California Construction Safety Orders.
Prior to commencing any excavation, the Contractor shall designate in writing to the Owner’s Construction Manager the “competent person(s)” with the authority and responsibilities designated in the Construction Safety Orders.

14. In accordance with Section 7104 of the Public Contract Code, whenever any work involves digging trenches or other excavations that extend deeper than four feet below the surface, the provisions of Section 00700-7.2, Differing Site Conditions, shall apply.

15. In accordance with Section 7103.5 of the Public Contract Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, materials or services pursuant to this Contract or the subcontract. Such assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties.

16. In accordance with Section 4552 of the Government Code, the Contractor shall conform to the following requirements. In submitting a bid to the Owner, the Contractor offers and agrees that if the bid is accepted, it will assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchase of goods, materials, or services by the Contractor for sale to the Owner pursuant to the bid. Such assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties.

17. Pursuant to Public Contract Code Section 7100, the acceptance by the Contractor of an undisputed payment made under the terms of the Contract shall operate as, and shall be, a release to the Owner, and their duly authorized agents, from all claim of and/or liability to the Contractor arising by virtue of the contract related to those amounts. Disputed contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

18. In accordance with California Business and Professions Code Section 7028.15, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board, which has jurisdiction to investigate complaints against contractors.

19. No official of the Owner who is authorized on behalf of the Owner to negotiate, make, accept, or approve, any architectural, engineering, inspection, construction, or materials supply contract, or any subcontract in connection with the construction of the project, or any land acquisition in connection with the Project, shall become directly or indirectly interested personally in this contract or in any part thereof.

No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized on behalf of the Owner to exercise any executive, supervisory, or other similar function in connection with the construction of the Project shall become directly or indirectly interested personally in this contract or any part thereof.

20. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before, during, or after the execution of the Contract Documents shall affect or modify any term of condition contained in the Contract Documents, nor shall such verbal agreement or conversation entitle Contractor to any additional payment or time to perform whatsoever under the terms of this agreement.

21. Neither the Contractor nor any subcontractor, or any officer, agent, or employee of either, is, nor shall they represent themselves to be, an officer, agent, or employee of the Owner for any purpose whatsoever. No person employed by the Contractor, or by any subcontractors, are, nor shall they be construed to be in any manner or for any purpose whatsoever, employees of the Owner.

22. Contractor shall, except as otherwise provided in the Contract Documents, procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the professional services to be performed by Contractor under this Agreement.

23. The waiver by either party of any breach or violation of any term, covenant, or condition of the Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due here under shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or any applicable law or ordinance.

24. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of the Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, City shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Twenty-five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph.

If Contractor is found in violation of the nondiscrimination provisions of this Agreement, Contractor shall be found in material breach of the Agreement. Thereupon, City shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to be in such noncompliance as damages for said breach of contract, or both.

25. This document (including all exhibits referred to above and attached hereto) represents the entire and integrated Agreement between City and Contractor and supersedes all prior negotiations, representations, or Agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. All provisions of this Agreement are expressly made conditions.

26. This Agreement shall be governed by the laws of the State of California.

Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

IN WITNESS WHEREOF, the parties hereto have executed this agreement this 25th day of January 2005.

CITY OF BRENTWOOD TIDELANDS CONSTRUCTION COMPANY

By: By:
Donna Landeros, City Manager (Authorized Representative of Contractor)

Dated: _________________, 2005 Printed Name:

ATTEST: Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)

_____________________________
Karen Diaz, CMC
City Clerk Dated :____________________, 2005

APPROVED AS TO FORM:

______________________________
Dennis Beougher, City Attorney

(Attach Acknowledgment for Authorized Representatives of Contractor)
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov