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EXHIBIT C <br />TO BE INCLUDED IN PROPOSAL <br />PROPOSAL & CONTRACT AGREEMENT <br />PROPOSER'S STATEMENT <br />Proposer understands and agrees that this written RFP (or any part thereof specifically designated and <br />accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer <br />and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her <br />signature and official seal noting here on the action of approval of the Council, signed by the Executive <br />Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this <br />document, and its execution, and when it or an exact copy of it has been either delivered to proposer or <br />deposited wish the United States Postal Service properly addressed to the proposer with the correct postage <br />affixed thereto. <br />Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will fumish <br />City all required bonds and certificates of liability insurance within ten (90) days (excluding Saturdays, Sundays <br />and City's legal holidays), or the funds, check, draft, of proposers bond substituted in lieu thereof <br />accompanying this proposal shall become the property of the City acid shall be considered as payment of <br />damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement <br />and /or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually <br />suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in <br />lieu thereof shall be returned 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 Consultants, and the <br />Workers' Compensation 'Insurance Certificate are to be incorporated by reference into this Agreement, and are <br />made specifically as part of this RFP. <br />TITLE ATE <br />City of Santa Ana Community Developmer <br />Request for Proposals for Consolidated Five Year <br />Page 22 <br />25D -20 <br />Preparation <br />