Bridge Construction Document

BRIDGE CONSTRUCTION AGREEMENT

This Bridge Construction Agreement (the Agreement) is entered into as of the Effective Date set forth below by and between:

RECITALS

WHEREAS, Owner desires construction of a bridge described as the Project: located at (the Project); and

WHEREAS, Contractor represents that Contractor has the experience, personnel, equipment, and financial capacity to furnish labor, materials, supervision, and equipment necessary to perform the construction and related services described herein in accordance with the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision, and incidentals necessary to design (if applicable), construct, test, and deliver the bridge improvements described in the Contract Documents. The Scope of Work shall include, without limitation, site preparation, foundation work, structural components, deck installation, guardrails, drainage, erosion control, removal of temporary works, testing, and commissioning as required for completion.

PAYMENT TERMS

Contract Sum: Owner agrees to pay Contractor the fixed contract sum of $ (Contract Sum), subject to adjustments for approved Change Orders.

Retainage: Retainage shall be of each progress payment, withheld until final completion and acceptance, unless otherwise agreed in writing.

Invoicing: Contractor shall submit monthly invoices with supporting documentation. Owner shall pay undisputed amounts within days of receipt. Disputed amounts shall be set forth with reasonable detail and resolved in accordance with the Dispute Resolution provisions.

Late Payment: Overdue sums shall accrue interest at the rate of or the maximum legal rate if lower.

TERM AND TERMINATION

Term Commencement Date: . Anticipated Substantial Completion Date: .

Either party may terminate this Agreement for cause if the other party materially breaches a provision of this Agreement and fails to cure such breach within days after written notice. Owner may terminate for convenience upon days' written notice; in such event Contractor shall be entitled to payment for Work performed and reasonable demobilization costs, subject to offsets for Owner damages.

CHANGE ORDERS

No change to the Work shall be effective unless authorized by a written Change Order signed by both Owner and Contractor describing the change in scope, any adjustment to the Contract Sum, and any adjustment to the Contract Time. Cost adjustments shall be based on mutually agreed lump sum or time-and-materials rates supported by documentation.

INSURANCE, BONDS AND SAFETY

Contractor shall maintain and deliver certificates evidencing insurance including commercial general liability, automobile liability, workers' compensation, and employer's liability in minimum limits as specified in the Contract Documents. If required by Owner, Contractor shall furnish performance and payment bonds in customary form and amounts.

CONFIDENTIALITY

Contractor and Owner shall treat as confidential all non-public information provided by the other party that is marked confidential or would reasonably be understood to be confidential, and shall not disclose such information to third parties except as required by law or as reasonably necessary to perform the Work. Confidential information does not include information that is or becomes public through no fault of the receiving party or that is independently developed without reference to the disclosing party's confidential information.

WARRANTIES

Contractor warrants that all Work will be performed in a good and workmanlike manner, in accordance with the Contract Documents, and free from defects for a period of from Substantial Completion, except for defects caused by Owner misuse or normal wear.

DISPUTE RESOLUTION

The parties shall first attempt in good faith to resolve disputes through negotiation between senior representatives. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration administered in accordance with commercially-accepted arbitration rules, with the arbitrator empowered to award costs and reasonable attorneys' fees to the prevailing party, unless the parties agree otherwise in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

NOTICES

Notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may specify by written notice. Notice shall be deemed given upon personal delivery, three business days after deposit in the U.S. mail, postage prepaid, or one business day after deposit with a nationally recognized courier service.

ENTIRE AGREEMENT

This Agreement, together with the Contract Documents expressly incorporated herein by reference, constitutes the entire agreement between the parties with respect to the Project and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Assignment: Neither party shall assign its rights or obligations without the prior written consent of the other, except to an affiliate or successor in interest to all or substantially all of its business assets.

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