Cost Estimate Bid Item Data

COST ESTIMATE BID ITEM DATA — PROFESSIONAL SERVICES AGREEMENT

Client Name:    Contractor Name:

Project Reference:    Date of Estimate:

RECITALS

WHEREAS, Client desires to obtain a firm cost estimate for the materials and services necessary to perform the work described in this document; and

WHEREAS, Contractor represents that it has prepared the attached bid item data and cost estimate in good faith based on information available as of the Date of Estimate and will supply the labor, materials and services if engaged under separate work authorization; and

WHEREAS, the parties agree that this Cost Estimate Bid Item Data will govern the pricing basis for any resulting contract subject to the terms below.

SCOPE OF WORK

The items enumerated below constitute the Bid Item Data upon which the estimate is based. Unit prices, quantities and extensions are intended to reflect current market conditions and the Contractor's anticipated means and methods.

BID ITEM DATA

Column headings: Item No. | Description | Quantity | Unit | Unit Price | Extended Amount

Item 1 — Description:    Qty:    Unit:    Unit Price:    Total:

Item 2 — Description:    Qty:    Unit:    Unit Price:    Total:

Item 3 — Description:    Qty:    Unit:    Unit Price:    Total:

Item 4 — Description:    Qty:    Unit:    Unit Price:    Total:

Item 5 — Description:    Qty:    Unit:    Unit Price:    Total:

Item 6 — Description:    Qty:    Unit:    Unit Price:    Total:

Subtotal:    Tax (if applicable):    Contingency:

Grand Total:

PAYMENT TERMS

Total Estimated Amount:

Invoices are due Net days from invoice date. Late payments shall incur interest at % per month, beginning after days past due.

All amounts are exclusive of applicable sales or use taxes unless otherwise stated. Contractor warrants that the estimate reflects Contractor's reasonable judgment and available information, but actual costs may vary; any increases to be charged to Client require prior written authorization unless otherwise specified.

TERM AND TERMINATION

Commencement Date:    Estimated Completion Date:

Either party may terminate any resulting engagement for convenience upon written notice delivered at least days prior to the effective termination date. Termination for cause may be effected upon material breach if cure is not effected within days after written notice.

CONFIDENTIALITY

Each party shall treat as confidential all nonpublic information disclosed by the other party in connection with the estimate and any subsequent engagement. Confidential information shall not include information that is or becomes publicly known other than by breach of this Agreement. The receiving party shall use Confidential Information solely for the purpose of evaluating or performing the work described herein and shall not disclose such information to third parties except to its employees and permitted subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those herein.

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. Venue for any dispute arising under this Agreement shall lie in the competent state or federal court located in that state.

ENTIRE AGREEMENT

This document, together with any written attachments expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements. No modification shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses provided above or to such other address as either party may designate by written notice to the other.

REPRESENTATIONS AND WARRANTY

Contractor represents that the cost estimate has been prepared using reasonable care and customary industry methods as of the Date of Estimate. Contractor does not guarantee that actual costs will not vary due to market fluctuations, unforeseen site conditions, or changes in scope. Client acknowledges that this document is an estimate and not a fixed-price contract unless a separate binding contract is executed.

By signing below, each party certifies that the person signing on its behalf is duly authorized to bind that party to the terms of this Agreement.

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