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(9) <br />CITY OF SANTA ANA <br />EXAMINATION <br />Proposer represents that it has thoroughly examined and become familiar with the <br />services and responsibilities required this RFP and that it is capable of effectively and <br />efficiently performing quality work to achieve the City's objectives. Any attachments <br />referenced herein or any interpretations, clarifications or amendments subsequently <br />posted in relation to this RFP are fully incorporated. <br />Any irregularities or lack of clarity in the RFP should be brought to the designated City <br />Contact/Project Manager's attention as soon as possible so that corrective addenda <br />may be furnished to prospective Proposers. <br />Proposals which appear unrealistic in the terms of technical commitments, lack of <br />technical competence, or are indicative of failure to comprehend the complexity and risk <br />of this contract, may be rejected. <br />J. EXECUTION OF AGREEMENT <br />Upon successful negotiations, the City and the selected Proposer will enter into an <br />Agreement similar to that as shown in EXHIBIT 3 STANDARD AGREEMENT in the <br />Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement <br />within thirty (30) days after being notified of selection under this RFP, the City reserves <br />the right to select the next most qualified Proposer or call for new Proposals, whichever <br />the City deems most appropriate. <br />K. JOINT OFFERS/SUBCONSULTANTS <br />Where two or more Proposers desire to submit a single Proposal in response to this <br />RFP, they should do so on a prime sub -consultant basis. The City intends to contract <br />with a single firm and not with multiple firms doing business as a joint venture. Should <br />the use of sub -consultants be offered, the Proposer shall provide the same assurances <br />of competence for the sub -consultant plus the demonstrated ability to manage and <br />supervise the subcontracted work. Sub -consultants shall not be allowed to further <br />subcontract with others for work under the Agreement. The provisions of the Agreement <br />shall apply to all sub -consultants in the same manner as the Proposer. <br />The City reserves the right to reject, replace and approve any and all Subcontractors. <br />All Subcontractor(s) shall be identified in the response to the RFP and the City reserves <br />the right to reject any proposed Subcontractor(s). Subcontractors shall be the <br />responsibility of the prime Contractor and the City shall assume no liability of such <br />Subcontractors. <br />L. INDEPENDENT CONTRACTOR <br />Contractor is considered an independent Contractor and neither Contractor, its <br />employees, nor anyone working under Contractor will be considered an agent or an <br />employee of City. Neither Contractor, its employees, nor anyone working under <br />Contractor, will qualify for workers' compensation or other fringe benefits of any kind <br />through City. <br />M. LITIGATION STATUS <br />Each Proposer must include in its proposal a complete disclosure of any alleged <br />significant prior or ongoing contract failures, any civil or criminal litigation or investigation <br />pending which involves the Proposer or in which the Proposer has been judged guilty or <br />liable. Failure to comply with the terms of this provision will disqualify any proposal. The <br />City reserves the right to reject any proposal based upon the Proposer's prior history <br />RFP No. 20-135 General Plan l fga E,fesent Update Page 14 of 29 <br />