E.
<br />F.
<br />G.
<br />H.
<br />I.
<br />J.
<br />K.
<br />A.
<br />B.
<br />C.
<br />Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
<br />supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface,
<br />subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance
<br />of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
<br />construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and
<br />procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety
<br />precautions and programs incident thereto.
<br />Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
<br />necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in
<br />accordance with the other terms and conditions of the Bidding Documents.
<br />Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work
<br />as indicated in the Bidding Documents.
<br />Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site,
<br />reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations,
<br />tests, studies, and data with the Bidding Documents.
<br />Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has
<br />discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.
<br />The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the
<br />performance of the Work for which this Bid is submitted.
<br /> 4.01 Bidder further represents that:
<br />4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and
<br />submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby
<br />waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such
<br />investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing
<br />evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge
<br />a contract pursuant to law.
<br />No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit
<br />a Bid for the purpose of restricting competition.
<br />The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any
<br />matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition.
<br />The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of
<br />the Bids.
<br />Bidder will submit written evidence of its authority to do business in the state where the Project is located not later
<br />than the date of its execution of the Agreement.
<br /> 000435-08131-0
<br />© 2008 Bonestroo 00410-2 BID FORM
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