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CITY OF SANTA ANA <br />PROJECT NO. 099108 AND 089097: PLAZA OF THE FOUNTAINS <br />FOUNTAINS NO. 1 AND NO. 3 RENOVATION <br />PROPOSAL & CONTRACT AGREEMENT <br />BIDDER'S STATEMENT <br />BIDDER understands and agrees that this written proposal (or any part thereof specifically designated <br />and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement <br />between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the <br />Clerk of the Council with her signature and official seal noting hereon the action of approval of the <br />Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed <br />by the City Attorney, denoting his approval of the form of this document, and its execution, and when it <br />or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal <br />Service properly addressed to the BIDDER with the correct postage affixed thereto. <br />BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will <br />furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding <br />Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond <br />substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and <br />shall be considered as payment of damages due to the delay and other causes suffered by AGENCY <br />because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of <br />damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S <br />bond substituted in lieu thereof shall be returned to the undersigned. <br />BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in <br />the bid schedule are solely for the purpose of comparing bids, and that final compensation under the <br />contract will be based upon the actual quantities of work satisfactorily completed. <br />All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and <br />the Workers' Compensation Insurance Certificate are to be incorporated by reference into this <br />Agreement and are made specifically as part of this bid. <br />Name of Firm taLJTl-j 1 1C, <br />Signature of Bidder <br />(if an individual, so state) <br />TO BE INCLUDED IN BID PACKAGE <br />BP 3 of 12 <br />