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Project 187 - Proposal - Wright Constructors - 2009-02-09 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 1 Costa Mesa, California COSTA MESA SANITARY DISTRICT ORANGE COUNTY CALIFORNIA BID PROPOSAL FORM COSTA MESA SANITATION DISTRICT CORPORATE YARD NEW BUILDING & SITE IMPROVEMENT Project No. Name of Bidder Howard S Wright Constructors L P Address: 2121 Alton Parkway Suite 150A, Irvine, CA 92606 Phone No. 949-608-3474 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. 1, 2 , 3 , 4 , 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 Owner in the form set forth in the contract documents and that he will accept in full payment thereof the following prices, to wit: Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 2 { Costa Mesa, California COMPANY Howard S Wright Constructors L.P BASE BID COST BREAKDOWN: (For information only—Award of this contract will be aggregate of all components formulating the Total Base Bid). (19Y DIVISION 01 General Requirements Dollars ($)(LZ1r 4?) DIVISION 02 Site Work. Dollars($ Z,coo ) DIVISION 03 Concrete Dollars ($ i81 t ) DIVISION 04 Masonry Dollars($ 191, ma ) DIVISION 05 Metals Dollars($ 6300 ) DIVISION 06 Carpentry Dollars($ I Ig lot) ))// ( DIVISION 07 Moisture Dollars($-a-+ jc,ZZ`ris80) DIVISION 08 Doors and Windows. Dollars($ 135;132,0 ) DIVISION 09 Finishes Dollars($'1-5 b7f ) 133;,c./y6 DIVISION 10 Specialties. Dollars($` 1123(, ) DIVISION 11 Equipment. Dollars($ `It n. ) DIVISION 12 Furnishings. Dollars($ •6— ) DIVISION 13 Special Conditions Dollars($ -H' ) DIVISION 14 Conveying Systems. Dollars($ 4— )/ DIVISION 15 Mechanical Dollars ($ 023.1949) DIVISION 16 Electrical Dollars($323,+3) Overhead and Profit. Dollars ($SL1 taw Base Bid Total Dollars ($ 1)46,99,JP ) (TOTAL IN WORDS) Note: In case of a discrepancy between the words and figures, the words shall prevail. I 1 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 1 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 3 Costa Mesa, California 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 Bidders Bond - 10% NOTICE. Insert the words 'Cash' 'Certified Check' or 'Bidder s Bond' as the case may be in an amount equal to at least ten per cent 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. Rectfully mi \ ' Howard S Wright Constructors L.P Res °�` t 1� Contractor's Business Name Contractor Title 2121 Alton Parkway Suite 150A Joseph E. Martino, Vice President Business Address: Street By Title Irvine CA 92606 860938 Class B, A Expires 06-30-09 City State Zip Contractor's License, Expiration Date & Classification 949-608-3474 Business Phone Number Name Title Residence Phone Number Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 4 Costa Mesa, California Bidder's Residence. Street City State Zip I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Da ed at Irvine CA , this 9th day of February 2009 (Signed) 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. Dale Pellow - President, C00 Joe Martino - VP, Req Mgr Steve Mara - Pres.dent, Req Mqr Steve Hulston - VP Reg Mgr Frank Pierson - VP, Req Mqr Steve Boscardin - Vice President Jim Cardin - VP, Reg Mgr John Bullwinkle - Vice President Don Trainor - VP, Req Mqr Earnie Eflert - Vice President Margaret Amo - Vice President 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 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 5 Costa Mesa, California Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 6 Costa Mesa, California PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED ER'S SIGNATURE 1 01-26-09 fietelb. l`� 2 01-30-09 `Z `�— 3 02-04-09 Pt. N1/4kasio•■■— 4 02-06-09 t ` I_ L 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 „.itg/Nl/ ax. C+MCc#J acie Jc., NOt33kL(MbA ell LOB S 11'2 CnNA.fl &VA CoIas'nwctOa4 1 i?OM&4 A q -clot Sitiv lintel114J RwaK 6tp4Te4 / a 6F 217527 L► IDSGPYPI0A FAtew44SUyDSCapf S �t�US% de 32.42173ta ARM-01- CMC COUT4ACA,Ifo , Rtve.ts1 .e tS2A/38 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 6 Costa Mesa, California } PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED ER'S SIGNATURE 1 01-26-09 Sob 2 01-30-09 $ M 3 02-04-09 •1, ^�� 4 02-06-09 1 f `LZ 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 t-,1/9&R i ?Auhc many , 0 eis a r_ 44 b 39 2 s v(/ RKµW I. STISF.I- 1 Ca4?Ab•/A 221 (4210 tOQ Ft tfiR may wEsr+t51M coNSt / a- uo 5(08839 I N SitAi 1,o1J ALERT 7141sutAvo o t.A- .10•14-A '7 11/417 S sgbUf�N4 WSPROO % , VO4-‘pia) 632'162. Costa Mesa Sanitary District Bid Proposal Form Corporate Yard - 6 Costa Mesa, California PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any- ADDENDUM NO DATE RECEIVED ER'S SIGNATURE 1 01-26-09 Sob l-�' 2 01-30-09 3 M ° 3 02-04-09 02-06-09 it 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 SN M64 C , na- r i , PfrG LS�vztr. A,, If DO II E'st.-uAO. , g,�-b,.,.x �vbbss- .- cat Giaz,� saws flail 6dATA104 9:ta Co)4-4,4 p(c �Wirw A)u Lrh+tr- Jr it-v,kt (f'8d6v7 rt.voRnNG AstE.21UW Ft011eu or Co)tAi eaEJA- '716063 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard - 6 Costa Mesa, California PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED ER'S SIGNATURE 1 01-26-09 ` `•1t-� 2 01-30-04 �+ ,•�° 3 02-04-09 1% ,`11/4.0■L'••--. 4 02-06-09 st 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 Q & wl.,l cr Piz.z.361 PA-1/06 55 ((-'' I I LS AIEQjc4#4 F(wetuty, Co3TAMSa itS138S f l lArt, Pali ca Reno Fte noteGlon) , 1-4Nitl4bI '131\44 1 �j,046 ItJti AME¢u..stoar edats , 02Atiat 3a98fo3 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard - 6 Costa Mesa, California PROJECT ADDENDA Bidder shall signify receipt of all Addenda here, if any ADDENDUM NO DATE RECEIVED ER'S SIGNATURE 1 01-26-09 elan. `IN...L.. 2 01-30-09 • ' 3 02-04-09 4% � ` 4 02-06-09 t Ilk et 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 .“411-( t/ 6116V4- $S-tCrn$ 4--tape, AvTO StIOVIS 3ud.T 110Th F&LCF,gel\ i 34151' ovect4646 DORS ?QoPFsstowAL _ton_ 5\atmsikatieuk, 7 Sllo4O ACousncat, CFA Lfrao PaFattp CsruNQ, gem 705Co30 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 7 Costa Mesa, California Re Costa Mesa Sanitation District Corporate Yard Building & Site Improvements 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 Howard S Wright Constructors LP as principals, and Fidelity and Deposit Company of Maryland 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 (10%) of Total Bid Amount - ($ 10% ) to be paid to the District, its successors and assigns, for which payment 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 Howard S. Wright Constructors LP is accepted by the Costa Mesa Sanitary District, and if the above bounden, Howard S. Wright Constructors, LP 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 MATERIAL and the FAITHFUL PERFORMANCE BONDS described within 10 days (not includinga Sunday) from the date of the mailing of a notice of the above owa d o bounden, �ona�ruc Eogrs, n 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. IN WITNESS WHEREOF We hereunto set our hands and seals this 5th day Of February 200 9 Howard Sfht �tv l•/J y of C. Constance, CFO Maryland F' /James .nd Deposit Comp. f land By �� / / .Jul'- M. Glover Attorney-in-Fact I I ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE OF Washington ) )ss: COUNTY OF King ) On this 5th day of February 3009 ,before me, the undersigned, a Notary Public in and for the said State,personally appeared Julie M. Glover ,known to me to be the Attorney-In-Fact for Fidelity and Deposit Company of Maryland whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same. SM.__ 6 bi.P- 'V NOTARY PUBLIC Theresa A. Lamb My commission expires 06/01/2011 ,pttWUnnp j dv \ W 1s,Jl 4 01 , sr . OlOrrr r- . ut L ass do r, ALL PURPOSE ACKNOWLEDGEMENT State of Oregon County of Multnomah I certify that I know or have satisfactory evidence that James C. Constance is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it is as the Chief Financial Officer of Howard S. Wright Constructors, LP to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: February 5, 2009 (Notary Seal) Signature: d °A7 ) 1 ALISONLKLINK ) /� /� G� 1 \ NOTARY PUBLIC-OREGON (I Title: -( ���x t�✓/ �nf COMMISSION Na 395983 �) MY COMMISSION EXPIRES AUG:15,2009( l[� C /�{ My Appointment Expires: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS. That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland. by FRANK E. MARTIN JR. Vice President. and GREGORY E MURRAY Assistant Secretary in pursuance of authority 2ranfed by Article VI. Section 2.of the By-Laws of said ip nv which are set forth on the reverse side hereof and are hereby certified to he in full force and effect on the dakei 3&hereby nominate. constitute and appoint Nancy J.OSBORNE,Darlene JAKIELSKI,Jai nd�a A. LAMB,all of Bothell,Washington, EACH its true and lawful agent and i a' u d deliver for, and on its behalf as surety and as its act and deed: anyo rin,,e( �I` xecution of such bonds or undertakings in pursuance of these presen P in c :1gtj�i�J�'>3 v is fully and amply top all intents and purposes. as if they had heen d t >>A ac knave et h ularly elected officers of the Company at its office in Baltimore,Md. i ( pi per i �,is�i9ia ?-RI`aliorney revokes that issued on behalf of Nancy J OSBORNE Darlene �F?L R. Viki BAUM,Theresa A. LAMB,dated February 14 2006. The said Assistant r> ri ies erebv certify that the extract set forth on the re ,erne side hereof is a true copy of Article VI, Section?of the By-Lass of said Company and is now in force. IN WITNESS WHEREOF the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 23rd day of May A.D 2007 ATTEST FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,,) In POs, r'P 41 u o ° ma i r4wr✓ I ) i "" t By C Gregory E Murray Assistant Secretor\ Frank E. Martin Jr Vice President State of Maryland ss. City of Baltimore On this 23rd day of May A.D 2007 before the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified. came FRANK E. MARTIN JR. Vice President. and GREGORY E MURRAY Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to he the individuals and officers described in and who executed the precedinC instrument, and they each acknowledged the execution of the same, and beint_ by me duly sworn, severally and each for himself deposeth and saith. that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal thL day and year first above written. o�?a‘3 R H4 Yo 4O �/ y~. Dennis R. Hayden Notary Public My Commission Expires. February 1 2009 POA-F 180-2466A EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND Article VI, Section 2. The Chairman of the Board. or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, and to affix the seal of the Company thereto. CERTIFICATE 1,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate, and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spectalb authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Power of Attorney and Certificate may he signed by facsimile under and by authority of the followin_ resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED. 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary or Assistant Secretary of the Company whether made heretofore or hereafter, wherever appearinL upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said Company this 5th day of February 2009 0 dv it 'L Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 8 Costa Mesa, California 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. Subscribed and sworn to before me by � � 2—`l , Ao This —ht's"\ day of r ' �� .v� so� y Commission expir..: ( '• vy a ,actl7 /fi�nn U (ary� c otary Pu is LISA A. HUIZENGA Commission# 1642261 i .ppp��`®,,,��� c 4!,'' ' Notary Public California 1;71 Orange County My Comm.Expires Feb 27 2010 1 Costa Mesa Sanitary District Bid Proposal Form Corporate Yard 9 Costa Mesa, California RELEASE AND ACKNOWLEDGMENT REGARDING DISCLAIMER FOR SOILS AND BORING TEST RESULTS Bidder acknowledges that District has provided soils and boring results from the site. Bidder also acknowledges that the District's contract documents provide that the contractor is to conduct its own investigation of actual conditions on the site and that no plea of reliance on District's initial investigations or reports will be accepted as an excuse from performing or as a basis for extra compensation. The standard specifications also provide that soil and test hole data, water table elevations, and soil analyses provided by the District only apply to the test holes and to the depths indicated. Bidder further acknowledges that Public Contracts Code section 7104 provides that a contractor may be entitled to extra compensation if subsurface conditions are different from those 'indicated. Bidder hereby acknowledges that District, in providing soils and boring samples, is not making any representation of actual conditions on the site or substrata and is not 'indicating' what will be actually encountered on the site/substrata. Bidder hereby RELEASES District from any claims for liability based on actual soils or water conditions on the site or in the substrata and will make its own investigations or assume those risks. Project Costa Mesa Sanitation District Corporate Yard - New Building & Site imp Bidder Name Howard S Wright Constructors, L.P Signature .L0% Rt t ` LC Title Joseph E. Martino Vice President