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8J Consent 2016 0606
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8J Consent 2016 0606
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Last modified
6/5/2019 9:35:38 AM
Creation date
6/2/2016 10:22:14 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/6/2016
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PERM
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_CC Agenda 2016 0606 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0606
Reso 2016-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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Leandro Municipal Code, Title 1, Chapter 6, Article 6. Successful Bidder must submit <br />completed self -certification form and comply with the LWO if covered. <br />1.7 Public Works Contractor Registration. Consultant agrees, in accordance with Section <br />1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be <br />qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 <br />of the Public Contract Code, or engage in the performance of any contract for public work, <br />as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless <br />currently registered and qualified to perform public work pursuant to California Labor Code <br />Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a <br />bid that is authorized by Section 7029.1 of the Business and Professions Code or by <br />Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is <br />registered to perform public work pursuant to Section 1725.5 at the time the contract is <br />awarded. No contractor or subcontractor may be awarded a contract for public work on a <br />public works project unless registered with the Department of Industrial Relations pursuant <br />to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section <br />1771.4 of the California Labor Code, that if the work under this Agreement qualifies as <br />public work, it is subject to compliance monitoring and enforcement by the Department of <br />Industrial Relations. <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two <br />Hundred Ninety One Thousand, Three Hundred Twenty Six Dollars, $291,326, notwithstanding any <br />contrary indications that may be contained in Consultant's proposal, for services to be performed and <br />reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and <br />Consultant's proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall <br />prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the <br />manner set forth herein. The payments specified below shall be the only payments from City to Consultant <br />for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner <br />specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for <br />duplicate services performed by more than one person. <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under this <br />Agreement is based upon Consultant's estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br />2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the <br />term of this Agreement, based on the cost for services performed and reimbursable costs <br />incurred prior to the invoice date. Invoices shall contain the following information: <br />Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; <br />■ The beginning and ending dates of the billing period; <br />Consulting Services Agreement between City of San Leandro and <br />Mark Thomas and Company, Inc. for Marina Boulevard Streetscape Page 2 of 15 <br />
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