工程投标合同范本英文
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工程投标合同范本英文
CONSTRUCTION BID CONTRACT
This Construction Bid Contract (the "Contract") is made and entered into as of [Effective Date], and between [Bidder's Name], a(n) [Bidder's Legal Type] organized and existing under the laws of [Bidder's Jurisdiction of Incorporation], with a principal place of business at [Bidder's Address] (referred to as "Bidder"), and [Client's Name], a(n) [Client's Legal Type] organized and existing under the laws of [Client's Jurisdiction of Incorporation], with a principal place of business at [Client's Address] (referred to as "Client").
WHEREAS, the Client is desirous of obtning bids from qualified Bidders for the construction of a(n) [Project Name] located at [Project Address]; and WHEREAS, the Bidder has submitted a bid for the construction of the Project in accordance with the provisions of this Contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants contned herein, and for other good and valuable consideration, the receipt and sufficiency of which are here acknowledged, the parties hereto agree as follows:
1. Bid and Award
The Bidder here submits its bid for the construction of the Project in accordance with the plans, specifications, and other requirements set forth in the Request for Bids (RFB) issued the Client.
The Client reserves the right to accept or reject any or all bids, to negotiate with the Bidder with respect to the terms and conditions of the proposed construction, and to award the construction contract to the Bidder whose bid is determined the Client to be the most advantageous to the Client, taking into account price, qualifications, experience, and other factors.
2. Contract Documents
The Contract shall consist of the following documents, in the following order of precedence:
This Agreement
Addenda, if any
The RFB
The Bidder's Bid
The General Conditions of the Contract
The Special Conditions of the Contract
The Drawings
The Specifications
The provisions of the documents listed above shall take precedence over the provisions of any other documents incorporated reference. In the event of any conflict or inconsistency between the documents, the documents listed above shall take precedence in the order set forth above.
3. Construction
The Bidder shall mence construction of the Project within [Number] days after the execution of this Contract and shall diligently prosecute the same to pletion in accordance with the plans, specifications, and other requirements set forth in this Contract and in a good and workmanlike manner.
The Client shall make avlable to the Bidder all necessary land, access, and other facilities for the construction of the Project.
The Bidder shall obtn all necessary permits and approvals for the construction of the Project.
4. Payment
The Client shall pay the Bidder the amount set forth in the Bid for the construction of the Project, less any retnage that may be required this Contract.
The Client shall make payments to the Bidder in accordance with the payment schedule set forth in this Contract.
The Bidder shall invoice the Client for the work performed and materials furnished in accordance with the payment schedule set forth in this Contract.
5. Completion
The Bidder shall plete the construction of the Project in accordance with the plans, specifications, and other requirements set forth in this Contract and shall obtn from the appropriate authorities a certificate of substantial pletion for the Project.
The Client shall inspect the pleted Project and shall notify the Bidder of any deficiencies or nonconformities within [Number] days after the receipt of the certificate of substantial pletion.
The Bidder shall correct any deficiencies or nonconformities within [Number] days after receipt of the notice from the Client.
6. Defects Liability
The Bidder shall guarantee the pleted Project for a period of [Number] years from the date of substantial pletion.
During the defects liability period, the Bidder shall promptly correct any deficiencies or nonconformities that may arise in the pleted Project.
The Client shall have the right to withhold payment from the Bidder for any deficiencies or nonconformities that remn unrepred after the expiration of the defects liability period.
7. Indemnification
The Bidder shall indemnify and hold harmless the Client from and agnst any and all clms, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with the construction of the Project.
The Client shall indemnify and hold harmless the Bidder from and agnst any and all clms, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with the performance of this Contract the Client.
8. Force Majeure
Neither party shall be liable for flure or delay in the performance of its obligations under this Contract if such flure or delay is caused a force majeure event, which shall include acts of God, war, terrorism, riots, civil motion, strikes, lockouts, or other labor disputes, fires, floods, epidemics, or other natural disasters.
In the event of a force majeure event, the affected party shall promptly notify the other party in writing and shall take all reasonable steps to mitigate the effects of the force majeure event.
9. Assignment
Neither party may assign this Contract or any of its rights or obligations hereunder without the prior written consent of the other party.
10. Governing Law
This Contract shall be governed and construed in accordance with the laws of the jurisdiction in which the Project is located.
11. Entire Agreement
This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether oral or written, between the parties.
12. Amendment
This Contract may be amended only a written instrument executed both parties.
13. Severability
If any provision of this Contract is held a court of petent jurisdiction to be invalid or unenforceable, the remning provisions shall remn in full force and effect.
14. Notices
All notices, requests, demands, and other munications hereunder shall be in writing and shall be delivered hand, overnight courier, or registered or certified , postage prepd, return receipt requested, to the addresses set forth below or to such other address as may be designated either party in writing in accordance with this Section:
If to the Bidder: [Bidder's Name]
If to the Client: [Client's Name]
15. Counterparts
This Contract may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.
Bidder: [Bidder's Name]
Client: [Client's Name]
By: [Name of Authorized Representative] By: [Name of Authorized Representative] Title: [Title of Authorized Representative] Title: [Title of Authorized Representative] Date: [Date]
Date: [Date]。