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<br />City of Santa Ana Community Development Agency <br />Request for Proposals for Affordable Housing Development <br />Page 45 <br />EXHIBIT D <br />TO BE INCLUDED IN PROPOSAL <br /> <br />CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY <br />REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT <br /> <br /> <br />PROPOSAL & CONTRACT AGREEMENT <br /> <br />PROPOSER’S STATEMENT <br /> <br />Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by <br />the City of Santa Ana and the Housing Authority of the City of Santa Ana, hereinafter collectively referred to as the <br />City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City <br />Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval <br />of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, <br />denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been <br />either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer <br />with the correct postage affixed thereto. <br /> <br />Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all <br />required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s <br />legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal <br />shall become the property of the City and shall be considered as payment of damages due to the delay and other <br />causes suffered by City because of the failure to enter into an Agreement and/or furnish the necessary bonds and <br />because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise <br />said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. <br /> <br />Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the <br />RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract <br />will be based upon the actual quantities of work satisfactorily completed. <br /> <br />All terms contained in the Specifications, the Certification of Non-Discrimination by Developers, and the Workers’ <br />Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made <br />specifically as part of this RFP. <br /> <br /> <br /> <br />FIRM <br /> <br /> <br />SIGNED AND PRINTED NAME <br /> <br /> <br />TITLE DATE <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />EXHIBIT 1