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? \ ul <br />Y <br />the Contractor shall be LmL; o Except as may be otherwise stated, such representatives shall have <br />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 - Design Engineering <br />P.O. Box 1988, M-36 <br />Santa Ana, CA 92702-1988 <br />If to the CONTRACTOR: United Stormwater, Inc. <br />1400 E. Valley Blvd. <br />City of Industry, CA 91746 <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, and Contractor agrees to except as total payment for any and all services <br />under this Agreement, the rates and charges attached hereto as Exhibit B. The total amount to be paid for <br />procurement and installation of all Catch Basin Screens shall not exceed One-Hundred Thousand Dollars <br />($100,000). <br />B. Payment due Contractor for completed and accepted work shall be paid within thirty (30) <br />calendar days after the City's acceptance of the work, receipt of Contractor's invoice and satisfactory releases <br />of liens or claims for liens by Contractor, subcontractors, laborers, and material suppliers for completed work <br />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. <br />4. STANDARD OF PERFORMANCE <br />In undertaking the performance of this Agreement, Contractor represents that it is proficient in <br />the field of storm water catch basin installation. 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 with <br />quality workmanship. <br />5. CORRECTION AND DEFECTS <br />Contractor shall correct any work that fails to conform to the requirements of this Agreement or any <br />documents pursuant hereto, where said failure to conform appears during the progress of the work. <br />Contractor shall remedy any defects due to faulty materials, equipment or workmanship which appear within <br />a period of one (1) year from the date of recording of the Notice of Completion by the City, or within such <br />longer period of time as may be prescribed by law or by the terms of any applicable special guarantee <br />required by this Agreement or any document pursuant thereto. <br />2