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Proposal, Performance and Payment Bonds In order to receive consideration, each proposal shall be accompanied with a deposit in the amount of five -percent (5%) of the total Fee Proposal. The deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposer will be returned upon award of agreement by the City, The successful firm shall also supply a performance bond in the amount of one -hundred percent (100%) of the agreement amount and a payment bond (material and labor) in the amount of one - hundred percent (100%) of the agreement amount, all to be submitted within ten (10) days after the agreement is award by the City Council. Each bond shall incorporate, by reference, into the contract and shall be signed by both the contractor and Surety. The signatures of the contractor and the authorized agent of the Surety shall be notarized. Sample Bonds are included as Appendix, Attachment 4. Failure to execute an agreement and submission of acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of agreement award and the forfeiture of the bid proposal deposit. Within ten (10) days after the award of the agreement, the City will return the proposal deposit to the successful firm. No contract shall be binding upon the City until it has been completely executed by the firm, approved by the City Attorney, and executed by the City. After the City executes the Agreement and approves the bonds and certificates of insurance, the City will send the successful firm a copy of the fully executed agreement. Workers' Compensation Insurance Pursuant to Sections 1860 and 3700 of the Labor Code, the successful firm shall supply workers' compensation insurance to the City within ten (10) days after the agreement is award by the City Council. In addition, the successful firm shall complete WORKERS' COMPENSATION form attached as Appendix, Attachment 4, and submit it to the City. Fee Proposal In addition to Section N.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Proposer's Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP. In order to compare proposed fees on an equal basis, the proposer shall complete the following CONTRACT COMPARISON FORM, attached as Appendix, Attachment 4, and submit it to the City in a separate, sealed envelope. It is expressly emphasized that this CONTRACT COMPARISON FORM is not a bid. it is used for a cost -comparison purpose only. City of Santa Ana RFP 19-068 Page Al -4