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CITY OF SANTA ANA <br /> parks and public recreational sites. It is with this intent in mind that the City's Representative may <br /> consider authorizing extra work. Extra work will not be initiated without written authorization. In <br /> emergency-situations, a not to exceed price may be submitted by contractor via e-mail for <br /> review/approval by City. <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 /> 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 performing <br /> the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold <br /> from the Contractor's next monthly payment the City's actual cost for performing the work to bring <br /> the property into conformance with the specifications. Additionally, City shall impose liquidated <br /> damages of up to $300.00 per inspection, per park, per item specified herein not performed, per <br /> day not meeting the 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 Director's <br /> Representatives responsibility to inspect the properties to verify that work was performed to the <br /> specified level of quality and timeframe followed by reporting that the work was performed <br /> satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and <br /> staffing to perform all aspects specified in this agreement. Should the Director's Representative <br /> create Power Point punch lists, essentially performing the Contractor's Supervisor's <br /> responsibilities/duties of determine what work needs to be performed in accordance with the <br /> agreement specifications, the City shall deduct $300 per Power Point punch list from the <br /> Contractor's monthly invoice. <br /> City of Santa Ana RFP 25-043 Page 25 of 44 <br />