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The undersigned agrees that if this Bid Proposal is accepted, at <br />the time of the signing of the contract, two good and sufficient <br />bonds will be furnished: one in the amount of 100 percent of the <br />contract price for faithful performance of all the terms and <br />covenants and conditions of the contract; the other in the amount <br />of 50 percent of the contract price to guarantee the payment for <br />labor and materials used in performing the work embraced under <br />this contract. <br />All bidder's guarantees will be returned to the respective bidders <br />after the contract has been awarded, except for those bid <br />guarantees of bidders who may be given further consideration if <br />the low bidder does not elect to execute the contract. After the <br />award, if the Contractor awarded the bid does not execute the <br />contract, the bidder's guarantee will be forfeited. All bidder <br />guarantees of unsuccessful bidders will be returned upon receiving <br />the executed contract. Accompanying this Bid Proposal is <br />(insert the words <br />"Cash, Certified Check, Cashier's Check," or "Bidder's Bond," <br />as the case may be) payable to the City of Lodi in the amount <br />equal to at least ten percent (10%) of the total bid, which is to <br />be deposited with the City of Lodi as required. <br />The undersigned further agrees that in case of default in <br />executing the required contract, together with the necessary <br />bonds, within ten (10) working days after receiving the contract <br />for signature, the proceeds of the deposit accompanying the bid <br />shall become the property of the City of Lodi, California, and <br />this Bid Proposal and the acceptance thereof may be considered <br />null and void. However, if the undersigned shall execute the <br />contract and furnish the bonds required within the time aforesaid, <br />the deposit shall be returned forthwith. <br />It is understood that no verbal agreement or conversation with any <br />officer, agent or employee of the City, either before or after the <br />execution of the Contract, shall affect or modify any of the terms <br />or obligations of this Bid Proposal. <br />It is understood that the City will not be responsible for any <br />errors or omissions on the part of the undersigned in making up the <br />bid, nor will bidders be released on account of errors. <br />The undersigned declares that the only person or persons <br />interested in this proposal as principal or principals is or are <br />the undersigned, and that no person other than the undersigned has <br />any interest in this Bid Proposal or in the contract proposed to <br />be taken; that this proposal is made without any connection with <br />any other person or persons making a bid or proposal for the same <br />purpose; that the proposal is in all respects fair and in good <br />faith and without collusion or fraud; that no City Officer, either <br />elected or appointed, and no City Employee is, shall be or become <br />directly or indirectly interested as principal or principals in <br />3.3 <br />TANK3/TXTW.02M <br />