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| PRE-BIDDING AGREEMENT | ||||||||||||||||||||||||||||||||||||||
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This Pre-bidding Agreement entered Into as of this _________ day of ________________, 20___
by and between the following parties: __________________________________________, _______________________________________, __________________________________________, _______________________________________. |
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Whereas. the parties hereto desire to submit a joint bid to _____________________________________________________________________________ (hereinafter referred to as the "Owner"), for the construction of _____________________________________________________________________________ (herein called the "Work"). Whereas, the parties each herby certify and represent to each other their ability to provide their share of finances, personnel, equipment and supervision to complete the construction project in the event they are the successful bidder and to sustain and pay for any losses that may be incurred; NOW, THEREFORE, it is hereby agreed between the parties hereto as follows: 1. They will jointly prepare and submit a bid or proposal to the Owner for a contract for the construction of the work. 2. The bids or proposals shall be submitted in the names of the undersigned as joint venturers and that should a contract or contracts for said work be obtained as a result of such negotiations, bids or proposals, such contract or contracts shall be taken in the names of the undersigned, as joint venturers, or in such other name as may be agreed upon by the undersigned with the consent and approval of the Owner. 3. Each and every obligation created by any such bid, proposal or contract shall be the joint and several obligation of the undersigned. 4. The interest of the undersigned In any such contract. If obtained, and in the work to be performed thereunder, shall be as follows: |
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5. The undersigned jointly shall execute.(with each of the undersigned designating its own broker for its portion of the bond) any and all Indemnity agreements required by the surety or sureties on any bonds furnished in connection with the award or performance of any such contract and each shall assume and bear its proportionate share (as designated in paragraph 4 above) of any loss which may result therefrom, and each, of the undersigned shall contribute, when and as required, its ratable proportion of ah amounts needed for working capital, tools, equipment and other items required for the performance of the work. 6. All expenses incurred by the parties hereto, or any of them, in estimating and preparing the contemplated bid shall be borne separately by each of the parties and shall in no manner be considered as a part of the construction cost of the project in the event the work is awarded to the joint venture. 7. In the event that no agreement is reached by the parties hereto as to the amount of the bid to be submitted or if such agreement is reached and a bid is submitted, but no contract is offered or awarded to the joint venture, then this Agreement shall be of no further force and effect and any joint venture relationship or joint venture between the parties for said project shall automatically terminate. 8. The party so designated in paragraph 4 hereof shall be the Managing Party, subject, however, to the superior authority and control of the joint venturers. The Managing-Party shall have direct charge over and supervision of all matters necessary to and connected with the performance of said contract and the undersigned shall, if necessary or advisable, execute and deliver to the Managing Party or a project manager designated by it from time to time a power of attorney sufficiently broad to enable said Managing Party, or the project manager designated by it or both to perform properly and promptly such duties and responsibilities. 9. Any profits or gains arising from the performance of the contract shall be apportioned to all the parties in the same proportions as set forth In paragraph 4. In the event of any losses arising from the performance of the contract, each party shall assume and pay its full proportionate share as such proportions are fixed by paragraph 4. 10. Incident to the performance of the contract, the Managing Party, direct or through the project manager acting for it at the time, may execute and deliver, in the name and on the behalf of the joint venture, such purchase orders, rental agreements, subcontracts and other agreements for the acquisition of materials, labor, equipment, facilities and work as the Managing Party may deem necessary or advisable. 11. Incident to the performance of the contract. equipment may be rented from any member of the joint venture, including.the Managing Party, at fair and reasonable rates. Upon completion of the project, the Managing Party will secure a bona fide bid for each item or group of items of equipment purchased by or for The joint venture, from one or more reputable equipment dealers, and each of the parties shall have the right to purchase any Item or group of items, at the highest prices bid therefore by such dealers, but no party without the prior written consent of all other parties shall be entitledIto purchase a greater percentum of such equipment than the percentage of Its interest in the joint venture. All equipment not so disposed of shall be sold by the Managing Party for the best price obtainable to outsiders. 12. In the event that during performance of the contract any party shall become insolvent or bankrupt or take advantage of any bankruptcy arrangement or debtor statute in force at the time, said party shall cease to have any voice in the joint venture from and after that date, but the liability and responsibility of that party to the others shall continue in full force and effect. 13. This Pre-bidding Agreement is limited and relates solely to the work described in paragraph 1 above and to any additions thereto or modifications thereof and to no other, and upon the completion of the work and fts acceptance by the Owner and the performance of all obligations of the undersigned under such contract, a final accounting and settlement shall be made by and among the undersigned and thereupon this agreement shall terminate and come to an end. 14. Upon being awarded a contract for the above-described work, the undersigned, if requested to do so by the Managing Party, will enter into a joint Venture Agreement more specifically defining their respective interests in and obligations under such contract as among themselves, and providing a practical method for their collaboration and cooperation in performing the work, and in such agreement there shall be incorporated all of the provisions contained In this Pre-bidding Agreement, as well as others deemed proper and advisable. Until and unless a Joint Venture Agreement is so executed, the provisions hereof shall constitute the sole and only agreement of the parties concerning said project. Executed in multiple the day and year above written. |
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