Attachment_B_-_Non-Collusion_Affidavit.pdf

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Attached to
Engineering Design Services for Red Hill Avenue Rehabilitation between Sycamore Avenue and Bryan Avenue (CIP No. 70261)
Solicitation number
RFP-2026 #2
Issued by
Orange County, California

About this file

This is a Non-Collusion Affidavit required by the City of Tustin, California for the Engineering Design Services for Red Hill Avenue Rehabilitation project (CIP No. 70261). The affidavit serves as a sworn statement in which bidders certify that their proposal has been prepared independently without collusion, conspiracy, communication, or coordination with any other bidder, competitor, or interested party. The document requires the affiant to declare under penalty of perjury that no illegal agreements or understandings have been entered into regarding pricing, bidding strategy, or any other aspect of the proposal. Bidders must affirm that they have not knowingly withheld any information from the City and that all representations made in their bid are truthful and accurate.

The non-collusion affidavit is a standard compliance document that protects the integrity of the competitive bidding process and ensures fair competition among consulting firms seeking the engineering design contract. By executing this affidavit, bidders acknowledge their understanding of applicable laws prohibiting bid-rigging and collusive practices, and they accept liability for any misrepresentations or violations. This requirement is typical for public works and professional services contracts funded with public dollars and is designed to maintain the City's fiduciary responsibility and public trust in the procurement process.

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CITY OF TUSTIN

ATTACHMENT B

NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and California Public Contract Code Section 7106)

To the CITY OF TUSTIN

In accordance with Title 23 United States Code Section 112 and California Public Contract Code Section 7106, the bidder declares that 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. The bidder has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ________[date], at _________[city], __________[state].

Note: The above non-collusion affidavit is part of the bid. Signing this proposal on the signature portion thereof shall also constitute signature of this bidder’s non-collusion affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed

State of , County of

Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Notary Public Signature Notary Public Seal

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

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