NSPA - Final SWIMS Storm Drain Inspections.pdf

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Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 2 of 16 defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No SWIMS or sub-Contractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. SWIMS agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION. City hereby agrees to pay SWIMS up to a sum not to exceed $49,500.00, notwithstanding any contrary indications that may be contained in SWIMS’s proposal, for services to be performed incurred under this Agreement. In the event of a conflict between this Agreement and SWIMS’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay SWIMS for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to SWIMS for services rendered pursuant to this Agreement. SWIMS shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, SWIMS shall not bill City for duplicate services performed by more than one person. SWIMS and City acknowledge and agree that compensation paid by City to SWIMS under this Agreement is based upon SWIMS’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and sub-Contractors of SWIMS. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which SWIMS and its employees, agents, and sub-Contractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. SWIMS shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567