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Exhibit 7 <br />7.1 The Director's Representative may delete a portion of the specification or the entire work <br />site from contractual maintenance during a construction period or for any reason. The <br />deletion of this portion of work will be reflected as a reduction in the monthly payment to <br />the Contractor. The amount of reduction will be based on the percentage of area involved <br />(on a square -foot basis) and will be determined by the City. <br />City Inspection <br />8.1 The Director's Representative shall regularly inspect the parks, playgrounds and fields and <br />all other City property subject to this Agreement. If said inspection results in discovery of <br />work that is not performed in the manner, and to the professional degree set forth in the <br />Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's <br />next monthly payment, the City's actual or estimated cost of performing the work; or, 2) <br />hire a contractor or City staff to perform the work not performed and then withhold from <br />the Contractor's next monthly payment the City's actual cost for performing the work to <br />bring the property into conformance with the specifications. Additionally, City shall <br />impose liquidated damages of up to $300.00 per inspection, per park, per item specified <br />herein not performed, per day not meeting the specifications during any such inspection. <br />8.2 Furthermore, it is not the Director's Representatives responsibility to inform the Contractor <br />when work specified in the specifications was not performed or that deficiencies exist. It <br />is the Director's Representatives responsibility to inspect the properties to verify that work <br />was performed to the specified level of quality and time frame followed by reporting that <br />the work was performed satisfactorily or not. It is the Contractor's responsibility to provide <br />adequate supervision and staffing to visit each site daily and prepare schedules for the <br />appropriate level of staff, equipment and materials to perform all aspects specified in this <br />agreement. Should the Director's Representative create PowerPoint punch lists, essentially <br />performing the Contractor's Supervisor's responsibilities/duties of determine what work <br />needs to be performed in accordance with the agreement specifications, the City shall <br />deduct $300 per Power Point punch list from the Contractor's monthly invoice. <br />City of Santa Ana RFP 19-092 <br />Pa a 30 <br />2 C-32 <br />