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Robert <br />the CONTRACTOR shall be Yanik Except as may be otherwise stated, such representatives shall <br />have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. <br />Any notice or instrument required to be given or delivered to either party to this Agreement may <br />be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, <br />addressed to: <br />If to the CITY: City of Santa Ana <br />Public Works Agency — Traffic and Transportation Division <br />P.O. Box 1988, M -43 <br />Santa Ana, CA 92702 -1988 <br />If to the CONTRACTOR: Landmark Fence Co., Inc. <br />Mr. Robert Yanik <br />3964 Mission Blvd. <br />Montclair, CA 91763 <br />Any notice of a change of address shall be delivered in the same manner as any other notice provided <br />herein. Notice by mail shall be effective three days after mailing by the above - described procedure. <br />3. COMPENSATION <br />A. CITY agrees to pay CONTRACTOR, and CONTRACTOR agrees to except as payment <br />for any and all services under this Agreement: <br />• Existing Fence Removal $1,500 <br />• Procure and Install Decorative Fence at Bid Unit Price $165/LF@ 140LF = $23,100. <br />The total amount to be paid for removal and replacement of the fence shall not exceed <br />Twenty -Four Thousand, Six Hundred Dollars ($24,600). <br />B. Payment due CONTRACTOR for completed and accepted work shall be paid within thirty (30) <br />calendar days after the CITY'S approval/acknowledgement of CONTRACTOR'S invoice and satisfactory <br />releases of liens or claims for liens by CONTRACTOR, subcontractors, laborers, and material suppliers for <br />completed work or installed materials. <br />C. Payments may be withheld on account of defective work not remedied, claims filed, failure of <br />Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by <br />another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the CITY. The <br />total compensation allows for additional funds, supported by adequately documented approved change orders <br />or for other construction work needed by the CITY. <br />4. STANDARD OF PERFORMANCE <br />In undertaking the performance of this Agreement, CONTRACTOR represents that it is <br />proficient in the field of construction. Work performed by the CONTRACTOR under this Agreement <br />will be accomplished in compliance with such standards as may reasonably be expected from a <br />contracting firm in that field or trade. CONTRACTOR shall perform the work in a professional manner <br />with quality workmanship. <br />5. CORRECTION AND DEFECTS <br />2 <br />