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BONDS <br />1. Bid Bond: A Cashier's Check/Certified Check/Bid Bond properly made payable to the City of Santa Ana in <br />an amount equal to ten percent (10%) of the total amount of this proposal is required to be attached to the <br />bid sheet and is given as a guarantee that the bidder will execute the Agreement and furnish the required <br />bonds and Certificate of Insurance, if awarded the contract, and in case of failure to do so within the time <br />provided, (a) the proceeds of said check shall be forfeited to the City; or (b) surety's liability to the City for <br />forfeiture off the face amount of the bond shall be considered as established. <br />2. Performance and Payment Bonds: The successful Proposer shall furnish at its own expense a Faithful <br />Performance Bond satisfactory to the City in the amount of one hundred percent (100%) of the full amount <br />of the contract as a guarantee of good faith on behalf of the Contractor that the terms of the contract, <br />including all warranty provisions, shall be complied with in every particular, and a Payment Bond in the <br />amount of one hundred percent (100%) of the full amount of the contract. Such bonds shall be in effect <br />during the entire term of the contract and warranty and shall be issued by a corporate surety (not an <br />individual surety) registered in the State of California and registered to do business in the County of <br />Orange. <br />Bonds shall specifically provide that if the Contractor or its subcontractor fails to fully perform (i.e., the- <br />Faithful Performance Bond) or fail to pay for amounts due under the Employment Insurance Act, (i.e., the <br />Payment Bond) that the surety or sureties will pay for the same in an amount not exceeding the amount <br />specified in the bond and in case suit is brought against the City, that the surety will undertake the defense <br />of same. <br />LABOR DISCRIMINATION <br />Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643, Statutes of 1939, which reads <br />as follows: <br />No discrimination shall be made in the employment of persons upon public works because of the race, <br />religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex <br />of such persons, except as provided in Section 1420, and every contractor for Public Works violating this <br />Section is subject to all penalties imposed for a violation of the Chapter." <br />A copy of the Certification of Nondiscrimination by Contractors, as provided with this specification, shall be <br />executed by Proposer and submitted with the Proposal and Contract. <br />20 <br />25J-98