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II. PROPOSAL TERMS AND CONDITIONS <br />By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and <br />accepts the Terms and Conditions of this RFP as described below: <br />A. EXAMINATION <br />Proposer represents that it has thoroughly examined and become familiar with the services <br />and responsibilities required in this RFP and that it is capable of effectively and efficiently <br />performing quality work to achieve the City's objectives. Any attachments referenced <br />herein or any interpretations, clarifications or amendments subsequently posted in the <br />relation to this RFP are fully incorporated. <br />B. EXECUTION OF AGREEMENT <br />The City and the selected Proposer will enter into an Agreement similar to that as shown <br />in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is <br />unwilling or unable to execute an Agreement within thirty (30) days after being notified of <br />selection under this RFP, the City reserves the right to select the next most qualified <br />Proposer or call for new Proposals, whichever the City deems most appropriate. <br />C. PROPOSAL VALIDITY <br />Services, pricing and warranties indicated in a respondent's Proposal must be valid for a <br />period of 120 days after the submission of the Proposal. <br />D. PRE -CONTRACTUAL EXPENSES <br />Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by <br />Proposers in the preparation of its proposal. <br />E. JOINT OFFERS/SUBCONTRACTORS <br />Where two or more Proposers desire to submit a single Proposal in response to this RFP, <br />they should do so on a prime sub -contractor basis. The City intends to contract with a single <br />company and not with multiple companies doing business as a joint venture. Should the <br />use of sub -contractors be offered, the Proposer shall provide the same assurances of <br />competence for the sub -contractor plus the demonstrated ability to manage and supervise <br />the subcontracted work. Sub -contractors shall not be allowed to further subcontract with <br />others for work under the Agreement. The provisions of the Agreement shall apply to all <br />sub -contractors in the same manner as the Proposer. <br />City of Santa Ana RFP 22-031 <br />Page 7 <br />