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Project 183- 2 -Proposal - Nikola Corp. - 2010-09-02 COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE Project No. 183-2 b/` / Name of Bidder' 4/ ,/°1 a ponM T UN Address: / So I Z Caw (/�' nr 11,/We" a 2 6,y, Phone No. (1G( ft 1 `7 TO THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans, specifications, and contract documents including the local conditions affecting the performance of the contract, the character, quality quantities, and scope of the work, and the materials to be furnished as to the requirements of the specifications and the contract. If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within the time stipulated in the contract, including all of its component parts and everything required to be performed, and to furnish any and all of the labor, material, tools, equipment, transportation, services, permits, utilities, and all other items necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with the construction of said work all in strict conformity with the plans and specifications and other contract documents, including addenda Nos. _, _,_, , and , on file in the District office for the prices hereinafter set forth. The undersigned as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any person, firm, or corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with the District in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: CMSD Project No. 183-2 Bid Proposal Form— 1 of CMSD SEWER REPLACEMENT PROJECT NO. 183-2 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE BID APPROX. UNIT TOTAL ITEM QUANTITY DESCRIPTION PRICE AMOUNT Lump Sum Bonds, Insurance, and Permits: Work under this item includes any costs incurred for securing bonds, Lump insurance permits and financing for construction work. Sum $ 1121.99 2 Lump Sum Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to and from the project site, securing a temporary construction yard, and maintaining the project site in a safe and orderly Lump manner during construction. Sum $ 3 1°O 3 Lump Sum Traffic Control: Furnish all labor, materials, and equipment for the installation and removal of the required traffic control including, but not limited to, changeable message boards, signs, delineators, traffic cones, barricades, flashing arrow signs, steel plates, and all other traffic control devices necessary to Lump �ZS comply with the traffic control drawings. Sum $ 4 Lump Sum Geotechnical Evaluation During Construction: Work under this item shall include laboratory testing of trench backfill, aggregate base, asphalt, and concrete during construction. Work under this item shall also include the monitoring of batch time, temperature, mix designs, and placement time for all pavement replacement. Note: Contractor shall provide a report(4 copies) of the geotechnical observation and testing Lump upon project completion to the District. Sum $ / `tea a 5 Lump Sum Provide Diversion Plan for Existing Sewage Flow During Construction: Work under this item shall include, but is not limited to, pumps, temporary hoses or piping, pumper trucks, plugs, and all other equipment necessary to provide diversion of existing Lump sewage flow during construction complete in place. Sum $ )OoD 6 Lump Sum Replace Pavement Striping: Work under this item shall include furnishing and installing all labor, material, and work necessary to replace existing pavement striping damaged during construction to Lump original condition complete in place. Sum $ /000 CMSD Project No. 183-2 Bid Proposal Form—2 of 9 CMSD SEWER REPLACEMENT PROJECT NO.183-2 SCHEDULE OF WORK ITEMS(SCHEDULE A) BRISTOL STREET SEWER REPLACEMENT N/O RANDOLPH AVENUE BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 7 175 LF Remove Existing 8-inch VCP sewer and Install New fl- inch PVC SDR 35 Sewer Main With Gasketed Joints Per Plans and Specifications. Work under this item shall include, but is not limited to, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water, bedding, backfill, and compaction per City Standard 813, installation of pipe and fittings, removal or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the sewer main complete in place. Work under this item shall also include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of$j 5 the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. LF $ 27700 8 3 each Remodel and reconnect Existing 6-inch VCP Sewer Laterals Per Plans and Specifications. Work under this item shall include, but is not limited to remodeling lateral connections, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water, trench restoration including bedding, backfill, and compaction per City Standard 813, and base pavement, protection of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to reconnect the sewer laterals complete in place. $ I la Each $ 3yn 9 1 Each Modify Manhole Channel per Detail 2 on Sheet 3 of Plans: Work under this item shall include furnishing $88 y and installing all labor,material, and work necessary to modify manhole channel complete in place. Each $ CMSD Project No. 183-2 Bid Proposal Form—3 of 9 CMSD SEWER REPLACEMENT PROJECT NO. 183-2 SCHEDULE OF WORK ITEMS (SCHEDULE A) BRISTOL STREEI SEWER REPLACEMENT N/O RANDOLPH AVENUE BID APPROX. DESCRIPTION UNIT TOTAL ITEM QUANTITY PRICE AMOUNT 10 2 Each Remove Existing Channel and shelf 2' in depth (minimum) and Pour New Manhole Base and Channel To Match Proposed Sewer Grades Per CMSD Std. Dwg. No. S-100. Work under this item shall include furnishing and installing all labor material, and work s /0o,„ necessary to pour new manhole base and channel complete in place. Each $ /oo-° 11 Lump Sum Pavement Replacement per City of Costa Mesa Std. 813 and Detail 1 on Sheet 3 of Plans: Work under this item shall include all material and labor for pavement replacement including final asphalt concrete pavement Lump installation, except for paving for bid item#13. Sum $ 1 900* TOTAL AMOUNT OF ITEMS 1 THROUGH 11 S. z•••• (TOTAL IN WORDS—SCHEDULE A) Additive Lump Sum Remove Existing Private 6-inch VCP Sewer Lateral Bid Item and Construct New 6' PVC SDR3S Private Sewer B1 Lateral Per Plans and Specifications. Work under this item shall include, but is not limited to testing, temporary paving and patching or trench plates, trench excavation, control of ground water and surface water trench restoration including bedding, backfill, compaction, and base pavement, protection of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to remove and construct the sewer lateral complete in $3 ,386 place, including final paving and striping. Lump 9 j Sum $ t Bidders Initials/ Note: In case of a discrepancy between the words and figures,the words shall prevail. !7`� CMSD Project No. 183-2 Bid Proposal Form—4 of 9 The Contractor agrees that the District will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the District shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work, not separately provided in the proposal shall be considered included in the price bid for other various items of work. Accompanying this proposal is A dQ�C r o/a .1 'NT Art .O d Pr«(� )• NOTICE: Insert the words 'Cash' 'Certified Check' or 'Bidder s Bond' as the case may be in an amount equal to at least 10%of the total bid price, payable to the Costa Mesa Sanitary District. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by the District and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the District with surety satisfactory to the District within 10 Days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned. Respectfully submitted, ///0 of e n* ,o,1 Contractor's Business N e 99 c . tor J Title /SO/L (.,Qta�AA! l / n- 4J Business Address: 4treet :y ,Jo' ow+y /A Ham✓ Title "Wei' WC_ -7711/wr 02- qi cly 5,' 33c7 .0/3,/, City State Zip Contractor's License, Expiration Date&Classification g9q I7 f2 /4 n) usiness Phone Number Name Title Residence Phone Number Bidder's Residence: Street City State Zip CMSD Project No. 183-2 Bid Proposal Form-5 of 9 I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. R v,friJ - Da -: at 4 ,.: this L day of J P k^ hat 20 /V tr.The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTICE- Give first and last names in full, in case of corporation, give names of President, Secretary Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give names of all the individual members. C,..99_,2o-rf er i �0 /V k . to r(dl den f- 7-220,-l..vt6-n. svo 7..oc-t id- .. • CONSTRUCTION PROJECT REFERENCES In order to more fully evaluate your background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. Your cooperation in this matter is greatly appreciated. DATE PROJECT AGENCY'S CONTRACT AWARDED AWARDING AGENCY ADMINISTRATOR c it"x- it CMSD Project No. 183-2 Bid Proposal Form—6 of 9 IV/KOLA C O R , ORATION General Engineering Contractor CA Lic.#813357 REFERENCES - PROJECTS 2008 21 OWNER: City of San Bernardino CONTACT Mr Michael D Wolff Construction Engineer (909) 384 — 5166 DATE. December 2007 — March 2008 PROJECT Sewer & Street Improvements (Cedar Canyon, Wallace, 24) 8 000 L.F of 8' PVC Pipe and Manholes and Laterals AMOUNT $ 950 000 22.OWNER: Rutter Development Corporation MESA CONSOLIDATED WATER DISTRICT CONTACT Mr Jay Rutter President Mr Mark Pelka, (949) 631 1291 (949) 863-1298 DATE. March 2008 — May 2008 PROJECT Pacifica Residences, Costa Mesa On-site Storm Drain System: 1 000 LF On-site Sewer System. 600 LF including Manholes On-site/Off-site Water System. Domestic & Fire Water (hyd) AMOUNT $ 310 000 23.OWNER: City of Anaheim CONTACT Mr Sean Razmy Construction Engineer (714) 765-5059 DATE. June 2008 —August 2008 PROJECT Sewer Improvements (St. College Blvd & La Palma Ave.) 1 500 L.F of 18' VCP and Manholes and Laterals AMOUNT $ 565 000 24 OWNER: City of San Bernardino CONTACT Mr Michael D Wolff Construction Engineer (909) 384 — 5166 DATE. September 2008 — November 2008 PROJECT Sewer & Street Improvements (Tippecanoe, `I' Sterling Ave) 21 15' PVC Pipe and Manholes and Laterals & Bursting AMOUNT $ 720 000 18012 COWAN, SUITE 290, IRVINE, CA 92614 TEL. (949)752 1900 FAx (949)752 1910 WWW.NIKOLACORP.COM NIlCOLA C O R P O R A T I O N General Engineering Contractor CA Lic#813357 REFERENCES - PROJECTS 2009 25.OWNER: City of Pasadena CONTACT Mr Bob Gardner (626) 744-4312 DATE. November 2008 — January 2009 PROJECT 2009 Sewer Pipe Repairs Sewer Main 'point repairs and Manholes AMOUNT $ 109 000 26.OWNER: Jurupa Community Services District CONTACT Mr Kiran 'Sam Sampat (951) 685-7434 DATE. February 2009 —April 2009 PROJECT JCSD Headquarters On-site Sewer Improvements Sewer Main, Manholes, Vaults and Electrical AMOUNT $ 275 000 27 OWNER: City of Redondo Beach CONTACT Mr Mazin Azzawi, Project Engineer (310) 318-0661 DATE. June 2009 — November 2009 PROJECT Sanitary Sewer Rehabilitation — Phase 8A 5 300 LF of 12' VCP and 24 Manholes AMOUNT $ 1 066 000 18012 COWAN, SUITE 290, IRVINE, CA 92614 TEL. (949)752 1900 FAX (949) 752 1910 WWW.NIKOLACORP.COM All/COLA C O M P O A A T I O N General Engineering Contractor CA LIC#813357 REFERENCES - PROJECTS 2010 28.OWNER: City of Redondo Beach CONTACT Mr Mike Shay Project Engineer (310) 318-0661 DATE. November 2009 — Present PROJECT Sapphire Storm Low Flow Diversion Pump Station, Forced Main, Electrical & Filtration System AMOUNT $ 690 000 29.OWNER: City of Fullerton CONTACT Mr Eliseo Bravo Construction Inspector (714) 738-5348 DATE. May 2010 — Present PROJECT Riverside Dr and Raymond Ave Sewer& Street Imp 4 300 L.F of 8' and 10' Verified Clay Pipe and Manholes AMOUNT $1 060 000 18012 COWAN, SUITE 290 IRVINE, CA 92614 TEL (949)752 1900 FAX (949) 752 1910 WWW NIKOLACORP.COM PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO. DATE RECEIVED BIDDER'S SIGNATURE N/fr DESIGNATION OF SUBCONTRACTORS In compliance with the Subletting and Subcontracting Fair Practices Act' being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of 1/2 of 1%of the prime Contractor's total bid and shall further set forth the portion of the work which will be done by each such Subcontractor Only one Subcontractor for each such portion shall be listed. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. Portion State License Of Work Subcontractor's Name and Address Number Class �yV•N�. #Q/l°y Ora e 1/2 L(/I-R.vt,. 2if97'� /t � 4.clV m4N let, w4 ` /Y GL v art a• semi GE>fr,i,4., tree it 39? cv4a. S-9 u At dg,Ittl. , -r OQ9N4(r u ,J 1 + CMSD Project No. 183-2 Bid Proposal Form—7 of 9 Bond No. 5376 10%BIDDER'S BOND TO ACCOMPANY PROPOSAL required if the bidder desires to submit bond instead of a certified or cashier's check). KNOW ALL PEOPLE BY THESE PRESENTS. That we, Nikola Corporation as principals, and Merchants Bonding Company (Mutual) as surety are held and firmly bound unto the Costa Mesa Sanitary District,a special district,organized under the laws of the State of California and situated in Orange County in the sum of TEN PERCENT OF THE AMOUNT OF THE BID***** ***Rae** assigns, for which payment (S l0i ) to be paid to the District, its successors and assi well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns,joint and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden Nikola Corporation , is accepted by the Costa Mesa Sanitary District, and if the above bounden, Nikola Corporation his heirs,executors,administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the LABOR AND MAT tt' • and the FAITHFUL PERFORMANCE BONDS described within 10 daNs (not including Sunday) from the date of the mailing of a notice of the above bounden, rnrpnTari nn , by and from District, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. HV WITNESS WHEREOF We hereunto set our hands and seals this . 2nd day of September , 2010. Niko j or'oration - By._ , l% _ Jo chan, silent _ Merchants Bonding Company (Mutual) By• / Rya Mantle Attorney-in-Fact ti CMSD Project No, 183-2 Bid Proposal Form- 8 of 4 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Da_plirq[S+f On 1-6-1 0 before me,CA(Z()l (( _ LIST h � (RR\r ?0.62--1C Ku(Here insert ame anf title of the offs r) � fl personally appeared b N Ny N Ku cti A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hiss' authorized capacity(ies), and that by his/hen/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s),acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- ." ^ " r CAROL A. LUSTIG 4 U Aer_y� comm. #1717578 ()r ": 0'� NOTARY PUBLIC-CALIFORNIA I{/ WITNESS my hand and a ficial seal. 2 "�, �J` ORANGE COUNTY O r•Araar COMM.EXPIRES JAN.16,2011 s -• kik 411110 -i,I . (Notary Seal) vvv Signatur of Notary 'ublic • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above the rotary secnot eparate acknowledgment form must be properly Tiered and attached to that document. The only exceptiot rs If a (�, document to be ecorded outside of Cal farm In such instal any altenan 7t- cknawledgme rt rbmge as may he pr tied on ch a document long as th (Title o description of attached document) verbiage do not require the notary to do something that is illegal for rotary C_ (� CM&. C A <e /t California (i rtinv ig the audr ed capacity of it wirer). Please di ck the lY 1L�lT \T document °refully for proper notar al rding and attach this form if equ ed (Title or description of attached documen continued) Number of Pages ' Document Date State and County information must be the State and County 'there the document signer(s)personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signegs)personally appeared thick must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission folloi ed by omn nd the yo title(notary public) Pr nt the name(s) of document signer(s) vho personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER Indicate the orrect sinsular or plum!forms by crossing off correct forms(i ❑ Individual(s) he/shelthey, is/are)or It-cline the correct forms Failure to correctly ndicate this ...1? information may lead to ejection of document recording t7q Corporate Officer The notary seal impression must be clear and photographically reproducible. / 4t�"•!LS Impression must not cover text or lines.If seal impression smudges,re-seal if a '(Title) utiie nt area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signatu of the notary public must match the signature file ith the office of the county clerk. ❑ Attorney-in-Fact Additi nal nformau of requ red but uld help to thi ❑ Trustee(s) cknowledgment is not misused or attached to differ nt document. ❑ Other Indicate title or type of attached document,number of pages and date Indicate the capacity claimed by the signer If the claimed apa ity is a corporate oh indicate the title(i.e.CEO,CFO.Secretary) Securely attach this document to th signed document 2008 Version CAPA v12.10.07 800-873-9865 ww.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT coerV cr crccere rcec(tcccrcr-cnoccetcconce' Ccaicocecr•-erw cecccr'icecrs wc(x cecacKtccorccttz, tra State of California County of Orange on _ c7-2-2070 before me, Mary Martignoni - Notary Public Dar Here Insert Name and Title of the Officer personally appeared Ryan Mantle Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that _ �•�^` � MA he/she/they executed the same in his/her/their authorized RY MARTIGNONI capacity(ies), and that by his/her/their signature(s) on the ry,;t"NO COMM i 171251 sC instrument the person(s), or the entity upon behalf of UBLIC CµrFORNfAZ which the person(s) acted, executed the instrument. ORANGE COUNTY My Comm,Expires Sept,9,2011 _ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Pla No ary Seal Above &gnat e o Diary Pudic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan Mantle Signers Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—0 Limited ❑ General RIGHT THUMBPRINT ❑ Partner—0 Limited ❑General RIGHTTNUMBPRIN7 ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OFSGNER Top of thumb he Top of thumb he ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other ❑Other Signer Is Representing: Signer Is Representing: Merchants Bonding Company (Mutual) 02037 Nalio al Notary Associate•9360 De Soto Ave.PO Box 2402•Chats9mM.OA 91313-2402•www Na r alNotaryorg Item NE907 Reorder:Call Toll-Fr V1.800876-6827 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its pnncipal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed, and does by these presents make,constitute and appoint Les M. Mantle, Ryan Mantle of Fullerton and State of California its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign, execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of. SIX MILLION($6,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II, SECTION 8 The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto,bonds and undertakings, recognrzances,contracts of indemnity and other writings obligatory in the nature thereof ARTICLE II, SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 20th day of January 2009 *0MAC CO,A MERCHANTS BONDING COMPANY(MUTUAL)•00 000,2 9 G 4i y<• z 7, y • 1933 C 6y c STATE OF IOWA Jd�- {'• �1d President COUNTY OF POLK ss. On this 20th day of January 2009 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation descnbed in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa.the day and year first above wntten. ///l CINDY SMYTH / ini�-/-,/��r�. Comm March 16 on Ex 177504 Wrt-"__;Vl jjj"""� OW My Commission Expires March 16,2009 Notary Public,Polk County,lo STATE OF IOWA COUNTY OF POLK ss. I, Wiliam Warner,Jr. Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Wan ss Whereof, I have hereunto set my hand and affixed the seal of the Company on this 2nd day of September 2010 *C:t- CO ./7/ �/ �O OpPOq 9 G� �i .- 2 -o- R' z 1933 ° -. Secretary s . ti POA 0001 (1/06) �d';4 , C'4' NON-COLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way, directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly entered into any arrangement or agreement with any other bidder or bidder,which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By- Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or supplier which is not processed through said bid depository or which prevent any Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository that no inducement of any form or character other than that which appears upon the face of the bid will be suggested,offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. /v OL c /�Ov -7'2w✓ l7;/w^y N K4entr" / n -r - -c Subscribed and sworn to before me by (S% A-rtac+rro) This day of 20 My Commission expires: Notary Public CMSD Project No. 183-2 Bid Proposal Form—9 of 9 This certificate is attached to a page document dealing with/entitled and dated California JURAT State of California County of 0 apt\IG Subscribed and sworn to (or affirmrd) before me on this Ik day of SE.M. 4 -M\ , 2010 , by-a N N. �` i_ cf-I*\J , proved to me on the basis of satisfactory evidence to be the person.* who appeared before me. ill ^ries CAROL A. LUSTIG 7 O _„ ��;�'� COMM. #1717576 (ryt.'8q NOTARY PUBLIC-CALIFORNIA W t ✓ T ORANGE COUNTY O COMM.EXPIRES JAN.16,2011 Seal Signature( . ,V , '