3B Public Hearing 2008 0915 - Laserfiche WebLink

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(10%) of the estimated value of the work performed (exclusive of mobilization) during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in this Agreement. The retention for a failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments following the date that all the satisfactory payrolls for which the retentions were made are submitted. 4.5.6 Siemens and each subcontractor shall preserve their payroll records for a period of 3 years from the Acceptance Date. 4.6 City of San Leandro Living Wage Rates. This Agreement maybe covered by the City of San Leandro Living Wage Ordinance (LWO). Siemens' attention is directed to the City's Municipal Code, Title 1, Article 6, Chapter 6. Siemens must submit completed self-certification form and comply with the LWO if covered. 4.7 Payment of Taxes. Siemens is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 4.8 Payment upon Termination. In the event that the City or Siemens terminates this Agreement pursuant to Section 17, the City shall compensate Siemens for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Siemens shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 4.9 Authorization to Perform Services. Siemens is not authorized to perform any Work or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from City Representative. 4.10 Additional Services. All other work or services, including but not limited to the following, shall be separately billed or surcharged according to the rate schedule described in Section 4.4 above: (a) Emergency services performed at the City's request, if not caused by any deficiency in the Scope of Work, Exhibit A; (b) Work and/or services performed at the City's request at times other than during Siemens' normal working hours; and (c) Work and/or services performed on equipment not covered by the Scope of Work and Services, Exhibit A. 4.11 Payment Dispute Procedures. If the City determines pursuant to subsection 1 of this Section that the Work required for any payment has not progressed to the milestone indicated, the City shall certify any amounts approved for payment and provide prompt written notice to Siemens as to the City's reasons, in reasonable detail, for such WPCP Cogeneration 090808 -Page 10 of 60