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EXHIBIT D <br />PROPOSER'S STATEMENT <br />Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted <br />by the City of Santa Ana, hereinafter CITY) shall constitute the entire agreement between PROPOSER and the <br />CITY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature <br />and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly <br />authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its <br />execution, and when it or an exact copy of it has been either delivered to PROPOSER or deposited with the <br />United States Postal Service properly addressed to the PROPOSER with the correct postage affixed thereto. <br />PROPOSER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish <br />CITY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays <br />and CITY's legal holidays), or the funds, check, draft, or PROPOSER'S bond substituted in lieu thereof <br />accompanying this proposal shall become the property of the CITY and shall be considered as payment of <br />damages due to the delay and other causes suffered by CITY because of the failure to furnish the necessary <br />bonds and because it is distinctly agreed that the proof of damages actually suffered by CITY is difficult to <br />ascertain; otherwise said funds, check drafts, or PROPOSER'S bond substituted in lieu thereof shall be returned <br />to the undersigned. <br />PROPOSER understands that a proposal is required for the entire work, that the estimated quantities set forth in <br />the RFP schedule are solely for the purpose of comparing proposals, 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 the required <br />Insurance Certificates are to be incorporated by reference into this Agreement and are made specifically as part of <br />this RFP. <br />Firm Crosstown Electrical & Data, Inc. <br />Signed and Printed Name: David P. Heermance e <br />Title PrPCi HPnf <br />Date 7-30-12 <br />THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. <br />PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE <br />251-24