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5 COUNTY OF YUBA PERFORMANCE BOND = NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN, as Principal, and as Surety, are held and firmly bound unto the County of Yuba, State of California, hereinafter referred to as Obligee, in the sum equal to the total amount of the bid of the Principal submitted to the Obligee, for the work described below, for the payment of which sum we bind ourselves jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS the Principal has submitted a bid to the Obligee for the Yuba County Library Roof Replacement, Marysville CA, for which bids are to be opened at Yuba County Purchasing Department, Marysville, CA on, NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files three bonds with the Obligee, as provided by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney s fee to be fixed by the Court. Dated:, Principal Surety By Attorney-in-fact Note: Signatures of those executing for the surety must be properly acknowledged.
6 CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Yuba On this day of in the year 2009 before me, personally appeared, Attorney-in-fact personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of, and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL) Notary Public
7 State of California) County of Yuba) NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106), being first duly sworn, deposes and says that he or she (Name) is of (Title) (Firm) the party making the foregoing bid, the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overhead, profit, or cost element of the bid price or of that of any other bidder, or to secure any advantage against the pubic body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. DEBARMENT AND SUSPENSION CERTIFICATION (Title 49, Code of Federal Regulations, Part 29) The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or has a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exception in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
8 The names of the persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners, composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in conformance with an act providing for the registration of Contractors, License No. Classification(s) By my signature on this proposal I certify, under penalty of perjury, under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232, and are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112, and Public Contract Code Section 7106, and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification, are true and correct. Date: Signature and Title of Bidder Business Address Place of Business Place of Residence
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