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CITY Of SANTA ANA <br />PROJECT NO. 14 -6798: 2013 -2014 Omnibus Concrete Replacement Contract <br />1 ?120[?OSAL & C_ONTRAC'T AGRT~ EM.L NT <br />BIDDER understands and agrees that this written proposal for any part thereof specifically designated <br />and accepted by the City of Santa. Ana, hereinafter AGENCY) shall constitute the entire agreement <br />betsveon BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by <br />the Clerk ofthe 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 <br />signed by the City Attorney, denoting his approval of the form of this document, and its execution, and <br />when it or an exact copy of it has been either delivered to BIDDER or deposited with the United Stitt" <br />Postal 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) clays (excluding <br />Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDI�'RS bond <br />substituted in lieu thereof accompanying this proposal shall become the property of the AGf3NCY 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 undersigncd. <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 <br />Signature of <br />BIDDI�R <br />Tide --P r!) " <br />(if an ilAhVidt.tal, so t <br />BP7 of' 16 <br />¢te <br />