Construction Bid Document

CONSTRUCTION BID DOCUMENT

Client Name:    Contractor Name:

Client Address:

Contractor Address:

RECITALS

WHEREAS, Owner desires to obtain a bid from Contractor for the construction, repair, alteration or improvement of the project described below (the "Project"); and

WHEREAS, Contractor represents that Contractor is duly licensed, insured and qualified to perform the Work described in this document and will perform the Work in accordance with the terms and conditions set forth herein; and

WHEREAS, this Construction Bid Document sets forth Contractor's offer, proposed scope, price and contract terms for Owner's consideration and, upon Owner's acceptance in writing, shall form the basis of a binding construction agreement.

BID SUMMARY

Bid Number:    Bid Date:    Bid Valid Until:

SCOPE OF WORK

ITEMIZED PROPOSAL

Provide itemized line entries. Fill quantities, unit prices and extended line totals. Contractor warrants that prices include labor, materials, equipment, overhead, and profit unless otherwise noted.

Subtotal:    Taxes and Fees:    Total Bid Amount:

PAYMENT TERMS

Contractor proposes the following payment arrangement. All payments shall be made in United States currency to Contractor unless otherwise agreed in writing.

Retainage Percentage:    Late Payment Fee (per month): %

TERM AND TERMINATION

Commencement of Work: Contractor shall commence Work within days after receipt of written Notice to Proceed and required deposits.

Anticipated Substantial Completion Date: . Time is of the essence; schedule adjustments will be documented by written Change Order.

Termination: Either party may terminate for cause upon written notice if the other party fails to cure a material breach within days after receipt of written notice specifying the breach. Owner may terminate for convenience upon days' written notice; Contractor shall be entitled to payment for Work performed and proven costs incurred prior to termination.

PERMITS, COMPLIANCE AND SITE CONDITIONS

Contractor shall obtain all required permits, pay associated permit fees unless otherwise noted, and comply with applicable building codes, safety laws and environmental regulations. Owner shall disclose known concealed conditions; Contractor shall be entitled to equitable adjustment for differing site conditions discovered after award.

INSURANCE AND BONDS

Contractor maintains liability and workers' compensation insurance in amounts customarily required for Work of this type and will furnish certificates upon request. Bid Bond Amount (if applicable):

Performance Bond Required: If required, Performance Bond Amount:

CHANGE ORDERS

All changes to the Scope of Work, contract sum or schedule shall be executed only by a written Change Order signed by both Owner and Contractor. Contractor shall not be obligated to perform work beyond the Scope of Work without a executed Change Order.

CONFIDENTIALITY

Except as required by law, Owner and Contractor shall keep confidential all proprietary pricing, methods, and other non-public business information disclosed in connection with this Bid and any resulting contract. This obligation survives termination of any agreement for a period of three (3) years.

GOVERNING LAW; DISPUTE RESOLUTION

This Bid and any resulting agreement shall be governed by and construed in accordance with the laws of the jurisdiction of without regard to conflict of laws principles. Parties shall first attempt to resolve disputes through good-faith negotiation; if unresolved, disputes shall be resolved by binding arbitration under commercially reasonable arbitration rules, or by litigation if arbitration is not enforceable in the selected jurisdiction.

ENTIRE AGREEMENT

This Construction Bid Document, including any attachments and accepted Change Orders, constitutes the entire agreement between Owner and Contractor with respect to the subject matter herein and supersedes all prior negotiations, proposals and representations, whether written or oral. No modification shall be binding unless in writing and signed by authorized representatives of both parties.

WARRANTIES

Contractor warrants that materials supplied shall be of good quality and free from defects for a period of months from substantial completion, except as otherwise provided in writing. This warranty is in lieu of all other warranties, express or implied, except those expressly stated herein.

ACCEPTANCE OF BID

By signing below, Owner accepts this Bid and authorizes Contractor to proceed in accordance with the terms and conditions set forth herein, subject to verification of insurance, bonds and any required permits. Acceptance by Owner creates a binding contract upon the parties.

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