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Non-Professional Services Agreement between City of San Leandro and <br />RTC Construction Management, Inc. for WPCP Pipe Removal & Relocation Project Page 2 of 20 <br />contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract <br />is awarded. No contractor or subcontractor may be awarded a contract for public work on a public <br />works project unless registered with the Department of Industrial Relations pursuant to California <br />Labor Code Section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the <br />California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to <br />compliance monitoring and enforcement by the Department of Industrial Relations. <br />Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $91,818.00, <br />notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed <br />and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and <br />Contractor’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. <br />City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth <br />herein. The payments specified below shall be the only payments from City to Contractor for services rendered <br />pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as <br />specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than <br />one person. <br />Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is <br />based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and <br />benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation <br />hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and <br />its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions <br />beyond compensation required under this Agreement. <br />2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of <br />this Agreement, based on the cost for services performed and reimbursable costs incurred prior to <br />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 />A Task Summary containing the original contract amount, the amount of prior billings, the total <br />due this period, the balance available under the Agreement, and the percentage of completion; <br />At City’s option, for each work item in each task, a copy of the applicable time entries or time <br />sheets shall be submitted showing the name of the person doing the work, the hours spent by <br />each person, a brief description of the work, and each reimbursable expense; <br />The total number of hours of work performed under the Agreement by Contractor and each <br />employee, agent, and subcontractor of Contractor performing services hereunder; <br />The Contractor’s signature; <br />Contractor shall give separate notice to the City when the total number of hours worked by <br />Contractor and any individual employee, agent, or subcontractor of Contractor reaches or <br />exceeds 800 hours within a 12-month period under this Agreement and any other agreement <br />206