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<br />City of Santa Ana RFP 22-031 <br />Page 21 <br /> <br />e-mail for review/approval by City. <br /> <br />The City’s Representative may request that the Contractor submit proposals for extra work in <br />order to improve the grounds-landscape in the contract sites. The Contractor shall submit <br />proposals using the City’s Proposal for Extra Work Spreadsheet. The Contractor shall complete <br />the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this <br />agreement) in order for the proposal to be considered. City reserves the right to request <br />materials/equipment receipts with invoices. All labor shall be quoted on a “not to exceed” basis <br />and City will only pay for labor actually incurred. City will pay up to 15% mark-up on parts and <br />materials. <br /> <br />9.0 CITY INSPECTION <br />The Director’s Representative shall regularly inspect City property subject to this Agreement. If <br />said inspection results in discovery of work that is not performed in the manner, and to the <br />professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) <br />withhold from Contractor’s next monthly payment, the City’s actual or estimated cost of <br />performing the work; or, 2) hire a contractor or City staff to perform the work not performed and <br />then withhold from the Contractor’s next monthly payment the City’s actual cost for performing <br />the work to 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 herein <br />not performed, per day not meeting the specifications during any such inspection. <br /> <br />Furthermore, it is not the Director’s Representatives responsibility to inform the Contractor when <br />work specified in the specifications was not performed or that deficiencies exist. It is the <br />Director’s Representatives responsibility to inspect the properties to verify that work was <br />performed to the specified level of quality and timeframe followed by reporting that the work <br />was performed satisfactorily or not. It is the Contractor’s responsibility to provide adequate <br />supervision and staffing to perform all aspects specified in this agreement. Should the Director’s <br />Representative create Power Point punch lists, essentially performing the Contractor’s <br />Supervisor’s responsibilities/duties of determine what work needs to be performed in accordance <br />with the agreement specifications, the City shall deduct $300 per Power Point punch list from the <br />Contractor’s monthly invoice. <br />Exhibit 1