Construction Bid Proposal - Multi Unit Building


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									This Construction Bid Proposal for a Multi Unit Building sets forth the terms of a
contractor bid to construct a multi-unit building. This bid proposal contains the standard
language for this sort of proposal, excluding a specification of the use classification for
the building to be built, but could be easily customized to discuss such issues. Use this
form when submitting a Bid Proposal to construct a Multi Unit Building.
                      Construction Bid Proposal for Multi-Unit Building

This proposal setting forth the bid for construction of certain structures, made on this
____ day of ____________________, 20______ [Instruction: Insert date.] between
Owner and Contractor, as such terms are defined herein (hereinafter the “Agreement”)

       BETWEEN:               _______________________________________
                              [Instruction: Insert Owner’s name and address.]
                       (hereinafter the "Owner"),

       AND:                  _______________________________________
                              [Instruction: Insert Contractor’s name and address.]
                       (hereinafter the "Contractor"),

WHEREAS, Owner, who is the legal and sole owner of the property located at _____
[Instruction: Insert legal property address.], with all rights, title and interest
appurtenant thereto (the “Property”), desires to have certain new construction structures
constructed upon the Property; and

WHEREAS, the Owner has requested proposal bids be submitted for the construction of
_____ [Instruction: Insert brief description of multi-unit building to be built.]

WHEREAS, Contractor warrants being licensed in the applicable jurisdiction and
qualified to perform the work specified herein; and

WHEREAS, Contractor is a _____, duly formed and authorized to do business in the
applicable jurisdiction, with a principal place of business located at _____; [Instruction:
Insert applicable formation information, as well as any other pertinent
qualifications and/or experience of Contractor, such as length of time in business.]

WHEREAS Contractor desires to set forth a bid proposal to perform the work requested
by and desired by Owner in conformity with the Owner’s request; and

WHEREAS, it is Contractor’s understanding that any acceptance of this bid proposal
would result in a contract being awarded and entered into between the parties, setting
forth the full and mutual understanding of the parties.

NOW THEREFORE, in consideration of the premises and the mutual covenants
contained herein, the Contractor hereby sets forth the bid for construction as set forth

© Copyright 2012 Docstoc Inc.                                                                 2
1.         The Contractor does hereby covenant and agree to furnish all labor, materials and
     equipment as set forth on Exhibit A necessary to construct the building as more particularly
     described thereon (hereinafter, the “Building”). Contractor will furnish all such labor,
     materials and equipment and perform all such necessary work to construct the Building
     subject to, and in strict conformance with all of the conditions, covenants, stipulations, terms
     and provisions contained herein and as required by applicable codes, regulations and laws.
2.        The Contractor does hereby covenant and agree to perform such work within the time
     period established as set forth on Exhibit B. Contractor anticipates the work would begin on
     or about _____, with initial build out taking approximately ____, and an anticipated
     completion date of _____, [Instruction: Insert applicable estimated time frames.] barring
     any force majeure events, the definition of which would be more fully set forth in a contract
     to be entered into between the parties, upon the awarding of the contract based upon this bid
3.        Prior to the commencement of any construction, Owner shall issue a written order to
     proceed within fifteen days of the bid acceptance deadline. If the order to proceed is not
     received by such date, the Contractor shall have the right to rescind this proposal without any
     obligation to either party hereto, or toll the estimated construction time periods by the
     number of days additional for any such order to proceed to be issued, in Contractor’s sole
     discretion. The Contractor shall commence construction as set forth herein within eighteen
     calendar days after the issuance of the order to proceed and proceed to diligently and
     satisfactorily complete the work specified herein as set forth herein.
4.        Prior to the commencement of construction, Owner shall obligate the necessary funds to
     pay the contract sum in accordance with the funding schedule, and budget set forth on
     Exhibit C, which contains a full description of the total estimated costs of the project, as well
     as a detailed breakdown of each of such costs. Thereafter, payment requests shall be made
     by the Contractor to the Owner, and payments shall be made by Owner to Contractor, for
     work that has been performed in compliance with the payment schedule set forth on Exhibit
     C, including with respect to any draw requests. Any additional draw requests shall be made
     and approved in writing. No payment will be made for any work which is not specified in
     this bid or any change order to it. A partial release of lien will be provided to Contractor in
     connection with each payment made. A final release of liens will be released to Contractor
     and any and all subcontractors upon the final payment being made.
5.        The Contractor and any and all subcontractors employed by the Contractor to perform
     any of the work described herein shall purchase and maintain insurance, at its respective sole
     cost and expense, that will protect them from claims under applicable workers compensation
     acts and other employee benefit acts, and from claims for damages which may arise out of or
     result from the Contractor’s construction operations. Certificates showing such insurance is
     in full force and effect may be required by Owner at any time. The insurance during
     construction shall be for not less than the following coverages: _____ [Instruction: Insert any
     applicable insurance requirements.].
6.        The Contractor and subcontractors employed by Contractor to perform any of the work
     described herein shall obtain and pay for all necessary and required permits and licenses
     necessary for the completion and execution of the work to be performed.
7.        Contractor shall, at its sole cost and expense, obtain and maintain any licenses or other
     permits required by any applicable regulatory agency in order to perform the work described

© Copyright 2012 Docstoc Inc.                                                               3
8.       Prior to permitting any subcontractor to perform work on the Building, the Contractor
    shall provide Owner with a list of all such proposed subcontractors, together with proof that
    any such subcontractor has obtained and currently maintains any license or other permit
    required by any applicable regulatory agency in order to perform the work to be performed
    by such subcontractor. The Contractor agrees not to hire or use any subcontractor that the
    Owner deems unacceptable. Contractor agrees to be responsible for supervision of work to
    be performed by any such subcontractor.
9.       Periodic inspections shall be performed by Owner and any applicable regulatory agency.
    Should an inspection reveal that the work is not completed and/or is not satisfactory;
    Contractor will be notified of the deficiencies and will be provided an opportunity to cure
    same. The terms regarding notification of any such deficiencies and the terms for cure of
    same shall be set forth more fully in any contract entered into between Owner and Contractor
    as a result of the acceptance of this bid proposal. [Optional: Contractor may wish to set
    forth the terms more fully here.]
10.      The Contractor shall perform all work described herein in a good and workmanlike
    manner and in conformance with all applicable code provisions, whether or not same are
    specifically set forth herein. Contractor shall comply with all laws, ordinances, rules,
    regulations and orders of any public authority having jurisdiction over the work being
    performed hereunder.
11.      Contractor shall keep the property free from the accumulation of waste materials and
    rubbish. All tools, construction equipment, machinery and surplus materials stored will be
    stored in a neat and orderly manner. All debris, trash, waste and surplus material shall be
    removed from the job site and disposed of by legal means. The building will be left “broom
    clean” or its equivalent upon completion of the work.
12.      All materials to be used in construction will be new, unless otherwise specified, and all
    work will be of good quality, free from faults and defects. The work performed by the
    Contractor is to be guaranteed for ______. [Instruction: Insert applicable and specific
    warranty information here. [Further, the Contractor will provide Owner with all applicable
    manufacturer’s and suppliers’ written guarantees and warranties covering materials and
    equipment furnished hereunder.
13.      This proposal shall not be assigned by the Contractor in whole or in part without the
    written consent of the Owner. Any request for assignment shall be written and addressed to
    the Owner.
14.      Owner reserves the right to award separate contracts in connection with other portions of
    the project. Contractor shall participate with other separate contractors in coordinating the
    construction schedule.
15.      Contractor warrants that the person executing this bid proposal has the full authority to
    submit the terms set forth herein to Owner, and further, that any person executing a resulting
    contract on behalf of Contractor shall have the full authority to do so.
16.      Contractor hereby understands, acknowledges and agrees that, in the event Contractor
    has not fully complied with Owner’s requests and requirements regarding the submission of
    this bid proposal, Contractor shall not be considered for the awarding of a bid with respect
    hereto, and Contractor in such instance shall have no recourse against Owner with regard to
    the failure to have such bid proposal accepted.
17.      Contractor shall perform the work set forth herein according to the following schedule:

© Copyright 2012 Docstoc Inc.                                                            4
    _____. [Instruction: Insert applicable permitted construction schedule.]
18.      Optional language: Contractor may wish to include reference to alternative dispute
    resolution as part of the bid proposal.
19.      This proposal incorporates by reference any and all schedules and exhibits attached
    hereto, as if same were fully set forth herein.
20.      This proposal shall be governed by the laws of _____. [Instruction: Insert applicable

Authorized Signature

Name and Title

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                                Exhibit A

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                                Exhibit B

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                                Exhibit C

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