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9.0 Work Not Scheduled <br />The Director's Representative may delete a portion of or the entire work site from contractual <br />maintenance during a construction period or any period where the Director determines that work <br />cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the <br />monthly payment to the Contractor. The amount of reduction will be based on the percentage of <br />area involved and will be determined by the City. <br />10.0 City Inspection <br />The Director's Representative shall regularly inspect the parks, playgrounds, fields and all other <br />City property subject to this Agreement. If said inspection results in discovery of work that is <br />not performed in the manner, and to the professional degree set forth in the Specifications, The <br />Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the <br />City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to <br />perform the work not performed and then withhold from the Contractor's next monthly payment <br />the City's actual cost for performing the work to bring the property into conformance with the <br />specifications. Additionally, City shall impose liquidated damages of up to $300.00 per <br />inspection, per park, per item specified herein not performed, per day not meeting the <br />specifications during any such inspection, <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 time frame 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 specifrcaitons, the City shall deduct $300 per Power Point punch list from the <br />Contractor's monthly invoice. <br />City of Santa Ana RFP 16 -063 <br />Page 25 <br />ZSD <br />iTA <br />