重庆市江津区西湖镇农业农村信息网
关于印发江津区强农惠农资金
&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&&&中建六局与重庆江津签订中渡长江大桥项目施工总承包合同
日 19:04来源：
近日，第六工程局有限公司（简称中建六局）与重庆市江津区政府签订重庆市江津中渡长江大桥项目总承包合同，合同金额逾13亿元。
重庆市江津中渡长江大桥工程位于长江河道江津段中渡位置，是中国建筑承建的第一座跨越长江的悬索桥，同时也是中国建筑承建的主跨最大的桥梁。主桥为主跨600米双索面悬索桥，桥面宽32.5米，双向六车道。
[责任编辑：robot]
标签：&&&&
免责声明：本文仅代表作者个人观点，与凤凰网无关。其原创性以及文中陈述文字和内容未经本站证实，对本文以及其中全部或者部分内容、文字的真实性、完整性、及时性本站不作任何保证或承诺，请读者仅作参考，并请自行核实相关内容。
用手机随时随地看新闻
社会娱乐生活探索历史
04/21 07:02
04/21 07:02
04/21 07:02
04/21 06:49
04/21 11:28
03/09 16:46
02/24 09:56
03/09 16:45
03/09 16:45
02/27 16:10
03/13 08:17
03/12 08:43
03/12 07:22
03/12 07:57
03/20 09:48
09/07 09:38
09/07 09:38
09/07 09:39
09/07 09:39
09/07 09:39
04/26 09:49
04/23 08:47
04/23 08:57
04/23 09:14
04/23 09:22
单日流入资金最多个股
明星分析师荐股
59930.16万元
55648.47万元
29742.55万元
26326.44万元
24419.78万元
23373.23万元
21374.37万元
16581.67万元
48小时点击排行
财经 · 房产
娱乐 · 时尚
汽车 · 旅游
科技 · 健康建筑工程总承包合同（中英文&第一部分）
Terms of EPC Contract of
Construction
&Commercial
Contractor
provided a quotation covering complete supply of all materials,
tools, equipments, labor for design, land testing and construction
and necessary coordination services for the complete General Works.
Both parties agrees on the final contract price on the basis of
quotation from Contractor.
1The Lump-sum Contract Price
AmountUpper case&
Sum Prices shall be the Contract Price and shall be fixed, and not
subject to rise and fall in the duration of this Contract (except
the material rise exceeds 20%), and shall be deemed to be full
inclusive prices for the finished Works as described below and
unless specifically stated, otherwise shall include without
limitation.
labor, supervision and administration costs, including wages,
allowances, holidays, insurances, welfare and other payments, taxes
and expenses payable in respect of labour in accordance with
statutory requirements.
Material costs
Consumables of any type either directly or indirectly related to
construction
Manufacturing and installation equipments for Construction,
including construction machinery, equipments, tools, scaffolding,
and other appliances
Transport, haulage and cranage activities related to the Works
during construction period
Temporary works essential for Completion of Works
Temporary storages, workshops, work shed, change rooms, Site
set-up, consumables and the like requirements.
Temporary site facilities including electricity, tap water,
communications and the like as required.
and welfare facilities
Compliance with all statutes and Contract Safety regulations,
carrying out all Works accordingly, including all necessary
notification, liaison, and work in full co-operation with other
contractors all along.
Providing and testing the samples of material and equipments
(except where particular items are specifically stated to be the
responsibility of the Owner).
Watching, lighting, security, safety measures.
Insurance (other than those specified as being provided by The
Overhead administration charges and profit
Allowances for inclement weather and all other contingent expenses,
liabilities, risks and services and responsibilities in accordance
with the specifications and the conditions of Contract, which are
to be borne by the Contractor.
costs associated with Quality Assurance and Quality Control and
associated inspections.
relevant taxes as described below
Sum Prices cover major design and construction activities,
including all minor associated Works described or inferred from the
Specifications, Drawings or other Contract Documents. Lump Sum
costs have been agreed to apply without variation for those Works
described unless amendment to design departs significantly from the
2The Prices for Variation Works
The prices
stated in this part will apply for Variation works, such as
requirement of the Owner, design changes, unexpected change even by
experienced Contractor. Any such Variation in Scope of Works or
Design changes will be instructed by Owner and will be detailed on
a written Change Order. These rates shall be fixed and firm and not
subject to rise and fall for the duration of this
be the contractor to put forward the application of increasing cost
for unexpected variation even by experienced contractor, and shall
be confirmed by The Owner.
In case of
different Unit Rates in the documents for identical or similar type
of Work, the lowest rate shall apply. Items of Works undertaken as
Lump Sums or later ordered or agreed as Lump Sum Works, shall not
be re-measured.
contractor shall execute the variation works caused by the special
requirements in contract scope, and carry out the corresponding
contract obligation, even the price condition is not defined
Price is inclusive of all taxes and charges associated with
Contractors Works.
4Terms of Payment
payment will be released within 15 working days upon the approval
of the milestone and the receiving of the invoice.
5Payment Schedule
Payment schedule is as below(Base value is the contract
shall pay 10% of Lump-sum Contract price as the down payment within
15days after signing the contract.
completion, audited, planning and construction certificate
obtained:&&&
Piling and
foundation work completion and accepted by authorities&&&&&&&
Work (steel structure and RC) completion and accepted by
authorities&&&&
Weathertight Building and floor completion&&&&&&
the installation of Electricity&&&&&&&
project, such as electricity, streetlight, fire-fighting, road,
landscape, sewage, etc. completion, office decoration
finished&&&&&&&&
acceptance by The Owner and authorities&&&&
6Retention payment
payment, as the project warranty money, will be paid off within 7
days upon the completion of one year warrantee period, starting
from the official acceptance.
Payment for Variation
payment of Variations Works will be paid in ninety-seven per cent
(95%) of its respective value of such completed Works, and the rest
amount - being three per cent (5%) - will be paid within 7 days
upon the completion of one year warrantee period.
Completion of Works
the Works are substantially completed, Owner shall issue a
Certificate of Inspection and Acceptance. The issuance of this
Certificate shall not relieve Contractor from his obligation
hereunder to complete the Works.
Contractor is of the opinion that the Works are Substantially
Complete, Contractor shall submit to Owner a written request of
inspecting the Works so as to determine whether Substantial
Completion has been achieved. Upon such request, Owner must respond
within twenty five (25) days of its receipt with either (i) a
Certificate of Substantial Completion or (ii) an explanation of the
reasons why the Works are not Substantially Complete, including a
list of open items necessary to achieve Substantial Completion
(Outstanding Works). Owner shall advise Contractor of the time
reasonably required to complete Outstanding Works., which shall be
no more than two (2) months.
in the opinion of Owner, the Works are properly completed in all
respects including any Outstanding Works, Owner shall issue a Final
Completion Certificate.
(4) In the
event of an emergency or if the Contractor fails to diligently
perform the Outstanding Works, Owner may complete such Works,
either by its own forces or by other contractors. Owner may deduct
such costs from any payments due and owing to the Contractor. If
such costs exceed the amount due to the Contractor, the Contractor
shall immediately pay such excess to Owner.
shall have the right to take possession of or use any completed or
partially completed part of the Works. Upon making such a
determination, Owner shall notify the Contractor of its intent to
take possession and/or use of a portion of the Works. Prior to such
possession or use, Owner shall furnish the Contractor an itemized
list of Work remaining to be performed or corrected on such
portions of the Work as are to be possessed or used by the Owner,
provided that failure to list any item or Work shall not relieve
the Contractor from responsibility for compliance with the terms of
the Contract. Such possession or use shall not be deemed an
acceptance of all Works under the Contract.
Contractor
shall provide with each invoice to the Owner a formal Tax receipt
indicating that all taxes for the amount being invoiced has been
10General conditions of Contract
parties shall confirm and state the acceptance of the General
Conditions of Contract. These conditions are included herein as
Part III of this Contract Document.
11Contract Period
Contractor
shall begin the Works on the date defined in
Contractors Time Schedule contained in Part VII or on a
later mutually agreed date, and shall thereafter perform the Works
continuously and diligently.
Notice of Mobilization and Locations for Temporary
Installations
shall be provided to the Owner seven (7) days before date of
mobilization, along with proposed locations for material storage,
these locations will require the Owners approval prior to placement.
Liquidated damage for delay
Contractor
has offered pricing for his best Contract period according to the
number of calendar days in Schedule taking into consideration those
requirements for transport, public holidays, and weather
conditions. A detailed working Time Schedule in bar chart form has
been provided by Contractor in his proposal. This Time Schedule has
been accepted by the Owner. If the Contractor fails to comply with
the completion date, then The Owner may recover such sums by
deducting the amount of such damages from any payables due to the
Contractor, and which shall not be recoverable. The payment or
deduction of such liquidated damages shall not relieve the
Contractor from his obligations to complete the Works or any other
obligation or liability under the Contract. The following rate per
Day shall apply as fixed, agreed liquidated damages payable by the
Contractor due to delay in the Completion of the Works: 0.2% of the
total Contract Price for each Day of delay. The total amount
payable due to delay in Completion of the Work shall not exceed 10%
of the Contract Price. If the completion of the Works is delayed
for reasons proven by the Contractor and accepted by Owner to be
beyond the control of the Contractor, then the Contractor shall be
granted such extension of time as may be reasonable. In any event
the Contractor is obliged to immediately notify Owner in writing of
the occurrence and cause of any such delay and also to make every
effort to mitigate the consequences of such delay.
12Insurance
Contractor
has responsible to take insurance with coverage of all construction
risks. Contractor is to provide insurance document for accidents
and casualty of his employees, all vehicles on or entering Site, in
compliance with P.R.C. regulations.
13Fees and Penalties
Contractor
shall pay all statutory fees associated with its Works including
any fines imposed due to Contractors non-conformance with the State laws and local
14Site Cleaning
Contractor
shall engage cleaning staff throughout the construction period
responsible for maintaining clean and tidy work areas at all times.
Contractor shall ensure that installed products and structure are
maintained in a new/good condition at all times. Contractor shall
be responsible to remove all rubbish, packaging, dunnage, offcuts
or any other material from the Site at the end of each working
month. All passage ways and areas requiring access will be
maintained free from obstructions at all times. If Contractor does
not comply with above requirements. Owner has the right to
undertake Works at Contractor's costs.
Contractor shall take all reasonable means to protect the
environment (both on and off the Site) and to limit damage and
nuisance to people and property resulting from pollution, noise and
other results of his operations. The Contractor shall ensure that
emission, surface discharges and effluent from the
Contractors activities shall not exceed the values indicated
by local authority, and shall not exceed the values prescribed by
applicable Laws.
15Safety Remedial Measures
Remedy for Safety Non Conformance
Contractor has confirmed his acceptance of the Safety Conditions as
provided in this document and which are to be adhered to when
undertaking all Works associated with this Contract. These
conditions are included herein as Part IV of this Contract
Document. Non-conformance with safety requirements will attract a
fine to be deducted from Contract Price as follows:
Warranty for Defective Works
Non-conforming product shall be replaced with the agreed
quality and type. Owner reserves the right to select alternative
products in the event that the original selections as specified in
this Contract become unavailable. The Contractor shall make these
selections available at the originally agreed unit rate or lump sum
price for supply. Contractor warrants that he shall, at his own
cost and expense (including cost of removal, transportation and
installation and any other expenses associated therewith), within
the Warranty Periods as specified, promptly repair or replace any
item failing to comply with the scope of Works or any other
provisions of this Contract (Defective Works). In the event that
the Contractor fails to supply or replace the products with the
agreed type, then the Owner shall take over that portion of supply
and provide the product for the Contractor’s installation. The
Owner may recover such sums by deducting the amount of such
replacements from any monies due to the Contractor. The payment or
deduction of such replacements shall not relieve the Contractor
from his obligations to complete the Works or any other obligation
or liability under the Contract. Where Contractor undertakes to
renewal or replacement of defective items, the Warranty Period
applicable to that item shall be extended for the time from Owner’s
request to remedy the defect up to the date of Owner’s written
acceptance of renewal or replacement of the defective item. Where
Contractor does not renew or replace defective items to the
satisfaction of Owner, the latter may carry out such remedies,
either by its own forces or by other contractors. Owner may deduct
the costs arising therefrom from any payments due and owing to the
Contractor. If such costs exceed the amount due the Contractor, the
Contractor shall immediately upon demand pay such excess to
16Sample Submission
Contractor
shall provide main materials, equipments and related data to Owner
according to drawings and requirements.
17Government Facilities
Contractor
shall be responsible to protect and maintain the condition of Roads
and Curbs, Drain and Valve Covers, Hydrants, Poles and any External
Facility or Perimeter Item of the Site. Any reparation works
required at the end of the Contracted Works will be undertaken in
the most professional fashion and in accordance with the
instructions of the Owner Representative and at the cost of the
Contractor.
Contractor
shall provide a working plan indicating preferred locations for
material storage. This plan shall be submitted to the Owner
Representative for his review and approval. Contractor shall
inspect each piece of material delivered and fill out the provided
acceptance form of material. In the event that material does not
conform to quality requirements, a formal letter of non-conformance
will be issued to the Supplier and copied to the Owner
Representative. Materials will be stored above ground in properly
drained areas and be provided with covering to protect the products
from weather conditions and construction activity. Contractor is
responsible to ensure that products are secure from pilferage if
necessary.
19Equipment and labor
equipment provided by the Contractor is subject to the inspection
of the Owner’s Representative. In the event that the Owner
Representative deems the equipment or tool to be in unreliable or
unsafe condition Contractor shall repair or replace to the Owner
Representatives satisfaction. In the event that the Contractor does
not comply with the Owner Representative’s direction in a timely
manner, Owner Representative shall purchase or hire suitable
equipment at his discretion and deduct the amount from
Contractors Contract Price.
Part II General Clause &
Definitions and
Contract Documents
1Definitions
following words and expressions shall have the definition as
defined in this article unless otherwise stipulated in this
General Clauses: The clauses which are concluded according to laws,
administrative regulations, requirements of construction projects,
applying to construction project clauses.
Commercial Terms: The terms agreed by parties after negotiating
based on specific project situations according to laws,
administrative laws and regulations, it is the concreteness,
supplement, and modification to the General clauses.
1.3 Owner:
It refers to the person or the lawful successor stipulated in the
Contract who has the contract awarding qualification, and ability
to pay the contract price
Contractor: the person or the lawful successor who has the
construction contractor qualification, and accepted by the Owner
and stipulated in the Contract.
Project Manager: The representative as designated by the Contractor
who is in charge of construction management and contract
performance.
Designer: the company who has the corresponding certificate of
Project design and is responsible for the design of this
Supervisor: the company entrusted by the Owner to be responsible
for supervision of this project, who has the corresponding
qualification certificate of Project supervision.
Engineers: The general supervision engineer appointed by
supervision company or the representative designated by the Owner
for performing this Contract, whose responsibility and
identification shall be specified in the Commercial
Project Price Governing Authority: The relevant department of the
State Council, the construction administrative departments of the
local government at or above the county level or the project price
governing institute as authorized by the above mentioned
departments.
Project: The project within the contracting scope agreed in this
agreement by the Owner and the Contractor.
Contract Price: the amount specified in the Agreement that the
Owner shall pay to the Contractor provided that the Contractor has
completed all the works within the contract scope and undertaken
the responsibility of quality warranty in strict and full
compliance with the contractual provisions.
Additional Contract Price: In case the Contract Price needs to be
increased during the performance of the Contract, the increasing
part calculated according to the method agreed by both Parties
after the confirmation and approval of the Owner.
Expenses: refers to the economic costs excluded in the contract
price, but shall be borne by the Owner or the
contractor.
Project Period: The contracting days that are specified in the
Agreement by both Parties and are calculated as per calendar days
(incl. all weekends and statutory holidays).
Commencement Date: the absolute date or the relative date on which
the Contractor commences the construction hereunder as specified in
the agreement by the Owner and the Contractor.
Completion Date: the absolute date or the relative date on which
the Contractor complete the contract works as specified in the
agreement by the Owner and the Contractor.
Drawings: any and all the drawings satisfactory to the construction
requirements of the Contractor (including accessorial instructions
and related material) , which are provided by the Owner or by the
Contractor but approved by the Owner.
Construction site: the site provided by the Owner for purpose of
executing the project or any other place specified in the drawings
for purpose of executing the project.
writing or written: The form where the contents it carries can be
tangibly represented, such as agreements, letters and digital
documents (including telegrams, telexes, facsimiles, electronic
data interchange and e-mails), etc..
Liability for Breach: the liability to be taken by either party who
fails to fulfill the contractual obligations or fails to fulfill
its contractual obligations in accordance with the agreements
hereunder.
Claim: the claim against the other Party for economic compensation
and/or extending the Project Period for the actual losses that are
caused not due to his fault, but due to a reason attributable to
the other Party during the performance of this Contract.
of God: Any objective conditions which are unforeseeable,
unavoidable and insurmountable.
or day: In the Contract, where a period is specified to be
calculated by hour, the period shall be calculated from the
effective commencement of the event (the break time not to be
deducted); where a period is specified to be calculated by day, the
day of commencement shall not be included, and the calculation
shall start from the following day. Where the final day of a time
limit falls on a public holiday or other statutory holidays, the
day after the holiday shall be deemed to be the final day of the
time limit, but this shall not apply to the case of Completion
Date. Closing time for the final day of a time limit shall be
midnight 24:00.
2Contract documents and Interpretation
Contract documents should be taken as mutually explanatory and
interpretable of one another, unless otherwise specified in
Commercial terms, the composition of the contract documents and
priority for interpretation shall be as follows:
Letter of Acceptance
Letter of Tender and its appendix
Commercial Terms of this Contract
General Clauses of this Contract
Standard, Specification and related technical documents
Bill of Project Quantities
Quotation an or Budget Statement
Letter of Quality Warranty
Project Progress Schedule
written modification agreement and meeting minutes about the
projects agreed by the Owner and the Contractor in the course of
contract performance shall be deemed as part of
the contract content is ambiguous and vague, or inconsistent, the
Owner and the Contractor shall settle either through negotiation
with the premises of not influencing the project schedule, or
asking the supervision engineer to make the explanation. In the
event that both parties fail in negotiation or disagree the
explanation from Supervision Engineer, the dispute shall be settled
according to Article 37 hereunder
3Language, and Applicable Laws, Specifications and
agreement is written, explained and interpreted in English. The
English shall be the standard language when explaining and stating
this contract if there are two or more languages required in the
Commercial Terms.
Applicable Laws and regulations
Contract is applicable to National Laws, administrative
regulations. Both parties shall define in the Commercial terms if
the laws and regulations shall be described clearly.
Applicable Standards and Specifications
Parties define the name of applicable national standards and
specifications in the C if no national standards
and specifications but industry standards and specifications, the
parties shall specify the name of industry standards and
if no applicable national and industry standards
and specifications, the parties shall specify the name of the
applicable local standard The Owner shall
provide an agreed standard and specifications in duplicate to the
Contractor at the stipulated time in Commercial Terms. In case
there exists applicable standards agreed by both Parties, such
agreed standards shall apply in the first place
event that there is no corresponding domestic standards and
specifications, the Owner shall provide the construction technical
requirements to the Contractor at the time stipulated in Commercial
terms, and the Contractor shall provide the construction technology
at agreed time accordingly, which can be executed after being
released by the Owner..
expense for buying and translating the standards and
specifications, or making out the construction process shall be
borne by the Owner.
Owner shall provide the agreed sets of drawings to the Contractor
at agreed time. If the Contractor needs additional copy of
drawings, the Owner shall duplicate it at the Contractor’s cost.
The Owner shall clearly state the confidentiality requirements in
the Commercial terms if any. The Owner shall pay for the
confidential measure cost, and the Contractor shall perform the
confidential obligation at the agreed period.
Contractor is not allowed to transfer the drawings to the 3rd party
without the consent of the Owner. The Contractor shall return all
drawings to the Owner except the drawings for filing after the
warranty period.
Contractor shall keep a complete set of drawings at the
construction site for the use of project inspection done by the
engineers and related persons.
General Rights and
Obligations
5Engineers and The Owners Representative
Owner shall inform the Contractor in writing of the name of
supervision company entrusted, its obligations and rights before
carrying out the supervision procedure.
name, position and authority of the general supervision Engineer
(here refers to as Engineers) appointed by Supervision company
shall be written in the Commercial terms. The Engineer shall
perform its rights according to the Contract, for some certain
rights specified in Commercial terms requiring for prior approval
from the Owner, the engineer shall apply for approval in
name, position and authority of the representative appointed by the
Owner for to the construction site to perform the contract shall be
written in the Commercial terms, but his authority shall not be
reciprocal with the Engineer’s. When the authority is reciprocal or
unclearly, the Owner shall define clearly and inform the Contractor
in writing.
the events affecting the rights or obligations of both parties
happen in the performance of contract, the supervisor shall deal
with it objectively and justly within his authorized rights. If
either party has objection to the result, the dispute shall be
settled in light of Article 37 hereunder.
Engineers have no right to terminate any rights and obligations of
the Contractor defined in the Contractor unless otherwise stated in
the Contractor or approved by the Owner.
and the Contractor further confirm that
acts performed by the Engineers according to the rights under the
Commercial Terms of the Contract shall neither increase the Owner’s
obligations nor relieve or ease the Contractor’s obligations under
the Contract, otherwise such acts shall have no binding effects on
acts of the Engineers beyond the scope as authorized by the Owner
will not be recognized by the Owner, and the Owner will not bear
any liabilities
Engineers will in no events obtain any authorization with regard to
matters such as the extension of the Project Period and the
increase of the Contract Price, nor will they have rights to
certify and confirm such matters, but this shall not apply to the
approvals made by the Owner’s representative within the
authorization scope agreed under the Commercial Terms of the
6Appointment and Directive of the Engineers
Engineers are allowed to appoint the representative to perform
their rights and obligations agreed in the contract, and to
withdraw the appointment when necessary. The Contractor shall be
informed of the decision of appointment and withdrawal in writing 7
days in advance, so will the Owner. The letter of appointment and
the notice of withdrawal will be deemed as the appendix of this
engineer’s representative can send written letters in any form in
the scope of authority to the Contractor, which has the same effect
as that sent by Engineer. When the Contractor has doubt to letters,
he can submit this letter to the Engineers for confirmation.
Engineers shall correct the wrong directive made and sent by the
representative.
no others on the construction site only Engineer and
Engineers representative who have right to give the
instructions and commands to the Contractor.
orders and notices from Engineer shall be signed by his own and be
provided in writing to the Project manager, it comes into effect
after being signed by project manager. If necessary, the Engineer
can give the oral instructions that shall be confirmed in writing
in 48hours and be carried out by the Contractor. In the event that
the Engineer cannot provide the written confirmation timely, the
Contractor shall require the written confirmation within 7 days
after the oral instructions issued. If the Engineer does not give
the prompt reply to the confirmation request within 48 hours, the
Oral order will be taken as being confirmed.
Contractor does not think the Engineer’s instruction is reasonable,
the written report of order modification shall be provided in 24
hours after receiving the orders, and the Engineer shall make the
modification or decision of continuing to implement the original
instructions in 24 hours after receiving the report, and inform the
Contractor in writing. In the emergency circumstance, the
Contractor shall implement the instructions which are required to
be executed immediately even the Contractor has objection. The
additional cost and loss to the Contractor caused due to wrong
instruction shall be borne by the Owner, the delayed project
schedule shall be extended accordingly.
article is also applied to the instructions and notices given by
Engineers representative.
Engineers provide instructions, approvals and fulfill other
obligations agreed in the contract. If the Engineers fail to
fulfill obligations in light of the agreement, the corresponding
increasing cost and losses shall be borne by the Owner, and extend
the project schedule accordingly.
6.4 If the
Engineers shall be replaced, the Owner shall inform the Contractor
7 days in advance in writing, the successor must exercise and
perform the same rights and obligations as agreed in the
7Project Manager
name and position of the project manager shall be specified clearly
in the Commercial terms.
notice, request and demand, issued by the Contractor according to
the contract shall be made in writing, signed by Project manager,
delivered to the Engineer and Owner’s representative, and such
notice, request and demand will come into effect when the Engineer
and Owners representative sign their respective name and
receiving time on the return of notice..
project manager will organize the construction work in accordance
with the design (construction plan) confirmed by the Owner and the
instructions given by the Engineers. In case of emergency and the
Engineers are unavailable, Project manager shall take emergency
measures to make sure the safety of life, property, and project,
and submit the report within 48 hours after taking the measures.
The Owner shall bear the cost and extend the project schedule
accordingly if he/the 3rd party is responsib
If the Contractor is responsible for the emergency, he shall bear
the Expenses and the Project Period will not be
postponed.
7.4 If the
project manager shall be changed, the Contractor shall inform the
Owner in writing at least 7 days in advance, and get the approval.
The successor shall continue to fulfill the
predecessors obligations and rights.
Owner can negotiate with the Contractor to suggest changing the
incompetent project manager. The Contractor shall provide a new
competent Project Manager within 2 days after receiving the writing
notice from the Owner.
8The Owners Works
Owner shall complete the following works according to the agreed
content at agreed time:
Handle the land
requisition, removal compensation, land leveling, etc. to make the
land to be ready for construction, continue to solve the residual
problems of above issues after construction
commencement.
Connect the line for
supply of temporary water, electricity and telecommunication from
outside of the construction site into the site to ensure the needs
of construction period.
Make available the
roadway from construction site to urban and rural public roads, to
satisfy the transportation needs of project and to ensure smooth
road transportation during construction.
Provide to the
Contractor the geologic conditions and underground pipeline data of
the construction site, and take the responsibility for the
authenticity of the submitted material.
apply the construction
permit and other approvals for construction, other approvals and
application necessary to execution of works, temporary land use,
interruption of water and electricity supply, suspension of the
traffic, blasting operation (except the certificate to proof the
Contractors qualification)
Confirm the benchmark
and Cartesian point of control, and provide to the Contractor in
writing for making on-site delivery and inspection.
Organize the
Contractor and designer to jointly checkup the drawings and
interpret the design technologies.
Coordinate and deal
with the protection work of underground pipelines nearsite,
surround and adjacent buildings, structures (incl. buildings as
preservation of cultural relics), ancient and rare trees, and bear
relevant cost.
The other works should
be done by the Owner shall be described in the Commercial
Owner can entrust the Contractor handling part works of Article
8.1, the cost is included in the lump-sum contract
Owner fails to fulfill the obligations in Article 8.1, as a result
of which, the project period is delayed, and cause loss to the
Contractor, the Owner shall indemnify the loss and prolong the
project schedule accordingly.
9The Contractors Works
Contractor shall complete the following works according to the
agreed content at agreed time:
finish the
construction drawing and auxiliary project design according to the
authorization, within business and design qualification grade
scope, execute the design after being confirmed by Engineer, the
cost is included in the lump-sum contract price.
Provide the yearly,
quarterly & monthly progress schedule, and corresponding
progress statistics.
Provide, maintenance
and protect the lighting and other facilities used in daytime
according to the needs of project, and to be responsible for
safeguard.
Provide buildings and
facilities at construction site for working and living use
according to the agreed requirements and quantity in the Commercial
terms, the cost is included in the lump-sum contract
Follow the management
regulations of relevant government authorities about transportation
on construction site, noise control and environmental protection,
deal with relevant formalities, inform the Owner in writing. All
the cost therefrom and penalty shall be borne by the
Contractor.
The Contractor shall
protect the completed project before handing over to the Owner, any
damage caused during protection period shall be repaired by the
Contractor at his own cost. The parts requiring specially
protection and cost increased accordingly shall be agreed and
specified in the Commercial terms.
Protect the underground
pipelines, surround and adjacent buildings, structures (incl.
buildings as preservation of cultural relics), ancient and precious
Ensure the cleanness
of construction site in conformity with the related regulations of
environmental sanitary management, before delivering the Project,
clean the Site to meet the relevant requirements specified in the
Commercial terms, bear the loss and fine caused due to
Contractors violation of relevant regulations.
The other works should
be done by the Contractor shall be described in the Commercial
Contractor fails to fulfill the obligations in Article 9.1, while
causing the loss to the Owner, the Contractor shall indemnify the
loss accordingly.
Construction
Organization Design and Project Period
10Progress Schedule
Contractor provides a detailed progress schedule and construction
Organization Design within 5 working days after receiving the
move-in notice from the Owner, And the Engineer and the Owner shall
make confirmation or propose modification opinions within 5 working
days after receiving the afore mentioned documents, failure of
which shall be deemed as the consents thereto. 55
the stage construction is agreed, the Contractor shall work out the
construction plan according to the drawings and related information
provided by the Owner. The specific content shall be defined in the
Commercial terms.
Contractor has to organize the construction work according to the
progress schedule confirmed by the Engineers, accept the Engineer’s
inspection and supervision in the respect of project schedule. In
the case that the actual schedule does not conform to the confirmed
progress schedule, the Contractor shall put forward the improvement
measures according to Engineer’s requirements and execute after
being confirmed by engineer. The Contractor is not allowed to claim
additional contract price if the unconformity is caused by his own
approval of or consent to the above execution organization design
and the construction schedule by the Owner or the Owner’s
Representative shall not be deemed as the amendment, variation and
adjustment to the Contract and shall not relieve the Contractor of
any liability for the Project Period, quality, Contract Price and
Expenses, etc under the Contract.
11Construction Commencement Deferral and
Contractor shall commence construction on the Commencement Date as
agreed in the Agreement. If the Contractor cannot commence on time,
the Contractor shall submit to the Engineers and the Owner’s
Representative requirement in writing for deferring the
commencement with the necessary reasons not later than 4 days
before the Commencement Date as set out in the Agreement. The
Project Period can be extended accordingly only after the written
explicit approval is obtained from the Engineers and the
Owners Representative. If the Engineers and the
Owners Representative disagree on the requirement on
deferring the commencement or the Contractor fails to submit the
requirement within the prescribed time limit, the Project Period
cannot be extended.
engineer shall inform the Contractor of commencement delay in
writing if the construction fails to be commenced at scheduled date
due to the Owners reason. However, the Contractor will not make
any requirements for Expenses against the Owner.
Owner shall issue a written move-in notice to the Contractor 7 days
before the Commencement Date. The Contractor shall take over the
Site 3 days before the Commencement Date as stipulated in the
Site cannot be delivered on time due to reasons attributable to the
Owner, the Commencement Date shall be calculated from the date when
the Contractor takes the occupation of the Site actually. The
Completion Date will be extended accordingly. However, the
Contractor shall not ask the Owner to assume any Expense because of
such delay of the Site delivery.
The Owner,
the Owners Representative and the Owners Personnel as well as any other person authorized
by the Owner shall be entitled to enter the Site at any
12Construction Suspension
shall inform the Contractor of the works suspension in writing if
the suspension is deemed as necessary by Engineer, and give the
written processing advice within 48 hours. The Contractor shall
suspend the construction and properly protect the finished project.
The Contractor can propose resumption of works after executing the
Engineer’s processing advice, and the Engineer shall give the
feedback within 48 hours. If the Engineer fails to give the
processing advice in regulated time or to reply in 48 hours, the
Contractor can decide to resume the works by his own. The Owner
shall bear the increased cost and loss if the suspension is caused
by his own reason, the project schedule can be prolonged
accordingly. The Contractor shall bear the cost if the suspension
is caused by his own reason, and the project schedule is not
allowed to be prolonged. 484848
13Schedule Delay
project schedule is allowed to be postponed after being confirmed
by the Engineers due to following reasons:
The Owner fails to
provide the drawings and construction conditions properly according
to Commercial Terms.
The Owner fails to pay
the down payment, due payment at agreed date without any
justifiable reason, which causes the schedule cannot be
The Engineer fails to
provide the instructions and approvals according to contract, which
causes the schedule cannot be followed.
Modification of Design
and Increase of the Quantity of Works
The weekly idle time
adds up to more than 8 hours due to the shutdown of water,
electricity and gas supply.
Act of God
The other conditions
agreed in Commercial terms or agreed by Engineers
Contractor shall submit a written report of delay fact to the
Engineer within 14 days after the situations in Article 13.1
happen. The Engineer shall appraise the influence that situation
may have on the project according to the confirmed project
organization design and confirm within 14 days after receiving such
report, If the Engineers consider that the Contractor shall provide
further corresponding plan or material, the Contractor shall
provide the same unconditionally. If the above situations the
Contractor may cite are durative events, the Contractor shall
report the event and state the reason to the Engineers in time
within 7 days after such event occurs and shall submit a summary
report to the Engineers at the end of each month, and provide
relevant materials according to the requirement of the Engineers
from time to time.
Contractor’s fails to complete the Project within the Project
Period is not due to any of the above situations or due to the
above situation but without completing the above procedures, the
Contractor shall assume the corresponding liabilities for breach in
accordance with Article 35 of this General Terms of the
the Project Period is delayed due to reasons attributable to the
Contractor and the Contractor further fails to fulfill the measures
for improvement in accordance with the Owner’s requirement, the
Owner is entitled to entrust other construction enterprise to
perform the whole or part of the Project and the Contractor shall
still take the above liability for breach and shall indemnify the
Owner from and against any Expenses arising out thereof.
14Completion of the Works
Contractor shall complete the project works at agreed date in the
Contract or the prolonged date agreed by the Engineer.
Contractor shall be liable for breach of contract if the project
works cannot be completed at agreed date in the Contract or the
prolonged date agreed by the Engineer because of his own
the event that the Owner requires completion ahead of schedule, the
both parties shall negotiate and sign the agreement of completion
ahead of schedule as a part of this contract. The agreement of
completion ahead of schedule shall state the measures taken by the
Contractor to ensure the project quality and safety, the condition
provided by the Owner and& the additional
contract price for the ahead of schedule completion.
Quality and
Inspection
15Project Quality
project quality shall reach the agreed quality requirements, the
national or industry inspection standard will be the evaluation
base. The Contractor shall be liable for the breach of contract if
the project quality fails to meet the agreed
requirements.
Contractor further warrants that the Project can satisfy the
following requirements:
design, materials, equipment and execution quality shall be in
conformity with the provisions under the Contract and
relevant state standards for design, execution and inspection of
the PRC and complete any work not shown in any Contract Documents
but necessary for complying with such state standards of the
relevant standards and regulation as mentioned in the tendering
documents, and complete any work not shown in any Contract
Documents but necessary for complying with such standards and
regulations.
and high construction efficiency.
3) Meeting
the design requirements and interpretations in the
4) Meeting
the standard for a professional contractor and rules of good
engineering practice.
reasonable requirements put forward by the Owner in order to ensure
the Projects achieving the standards stipulated in the
the Project finally fails to meet the project quality standard of
excellent and the above requirements due to reasons attributable to
the Contractor, the Contractor shall pay liquidated damages to the
Owner as provided in Article 35 hereunder and take other
corresponding liability for breach.
the requirements of the quality under the Contract are lower than
the state standards of the PRC, the Contractor shall notify the
Owner immediately for the Owners Representative to give proper
instruction.
During the execution of the Project, the Contractor shall arrange
personnel of quality examination at all levels in accordance with
the provisions of relevant government authorities of the People’s
Republic of China and make quality examination in strict accordance
with the current provisions of the Peoples Republic of China and the requirements under the
the general contractor of the Project, the Contractor shall be
responsible for the overall quality of the Project and ensure that
the Project quality will eventually meet the standards and
requirement stipulated in the Contract. If the Contractor thinks
the instructions of the Owner or the Owner’s Representative may
have an inevitable adverse influence on the quality of the Project,
the Contractor shall give a written report to the Owner and put
forward opinion for improvement. If the Owner insists on the
original scheme and such insistence adversely influences the
quality of the Project, the Contractor shall not take any
liability.
the project quality is disputable, both parties shall appoint a
Project Quality Inspection organization to verify at responsible
party’s cost. If each party has the responsibility, they share the
responsibility respectively. During the quality examination, the
Contractor shall unconditionally continue to perform all of his
obligations under this Contract.
16Inspection and Rework
Contractor shall execute the construction according to standards,
specifications, drawings and instructions of Engineers given
according to contract, and be ready for inspection at any time and
provide convenience for inspection as well.
quality of part which cannot reach the agreed standards shall be
removed and reconstruct according to Engineer’s requirements till
it reaches the standard. The Contractor shall bear all the cost of
removal and reconstruction if the inconformity caused by his own
reason, and the project period is not allowed to be
inspection done by Engineers shall not impact the normal
construction. When the inspection is done by effecting the normal
construction, the Contractor will bear the cost of influencing the
normal construction if the inspection is unqualified, otherwise,
the Owner shall bear the cost and prolong the project period
accordingly.
17Concealed work and Intermediate Acceptance
Project is ready for being concealed or reach the condition for
intermediate acceptance described in Commercial Terms, the
Contractor shall conduct self-inspection and notify the Engineers
to do the check and acceptance in writing 48 hours ahead of conceal
and intermediate acceptance. The notice shall include the content,
date, location of conceal and intermediate acceptance. The
Contactor shall prepare the inspection record. If being accepted,
Engineers sign on the record, then Contractor conceals and
continues construction, otherwise Contractor shall make the
modification in limited time and be ready for
re-inspection.
Engineers cannot make the inspection and acceptance on time, he
shall require postponing inspection in writing to Contractor 24
hours ahead of the inspection, the postponement shall not exceed 48
Project, meeting the Project quality standard, specification and
drawings, and being inspected and accepted by Engineer, but the
acceptance record is not signed by engineers in 24 hours, will be
taken as acceptance, the Contractor can continue to conceal or
construction.
18Re-inspection
whether the Engineers conducted inspection, whenever they request a
re-inspection of the concealed part, the Contractor shall separate
such part or dig holes as required, and re-conceal or repair such
part after the re-inspection. If the inspection shows the
construction satisfactory and the Contractor has performed the
obligation of notification in accordance with Article 17, the Owner
shall bear all corresponding cost, compensate the Contractor’s
loss, and prolong the construction time limit accordingly. If
unqualified, the Contractor shall bear all cost and the
construction time limit is not allowed to be prolonged.
19Trial Run
19.1 If it
is agreed to execute the trial run for special items like the
cranes or the air conditioning, the scope of the trial run must be
in strict compliance with the requirements under the technical
attachment of the Contract.
the Owner deems a trial run of the production equipment necessary,
it shall conduct the same in accordance with the provisions of this
the course of production equipment installation, a single machine
is ready for trial run without any load, the Contractor shall
organize a trial run, and shall notify the Owner’s Representative
in writing of such trial run 48 hours in advance. The notice shall
include the content, time and place of the trial run. The
Contractor shall prepare the record of the trial run, and the Owner
shall provide the necessary conditions for the trial run according
to the Contractor’s requirements. If the trial run meets the
standards, the Owner’s Representative shall sign on the record of
the trial run.
the course of production equipment any installation, the whole set
of machines is ready for a trial run without load, the Owner shall
organize a trial run and shall notify the Contractor in writing of
such trial run 48 hours in advance. The notice shall include the
content, time and place of the trial run, and the requirements to
the Contractor. The Contractor shall make the preparations
according to the requirements. If the trial run meets the
standards, both Parties shall sign on the record of the trial
Engineers cannot attend the trail run on time, the postponing
notice shall be provided to Contractor in writing 24 hours in
advance. Engineers shall recognize the trial run record even though
he does not attend it. 24
Mutual liabilities
If the trial run fails
to meet the inspection requirements due to reason of the design,
the Owner shall request the Designer to modify the design, and the
Contractor shall re-install according to the modified design. The
additional Expenses for design modification, demolition and
re-installation shall be borne by the Owner, and the Project Period
shall be postponed accordingly. However, if the design for the
corresponding part is completed by the Contractor, the Contractor
shall modify the design and re-install according to the modified
design, and shall bear all the Expenses for the design
modification, demolition and re-installation, where the Project
Period shall not be extended.
If the quality of
machine causes the failure of trial run, the purchasing party shall
repair or re-purchase the corresponding equipments. The Contractor
shall be responsible for demolition and re-installation. If the
equipment is purchased by Contractor, Contractor shall be
responsible for repairing, re-purchasing, dismantling and
re-installing, bear all the costs and be not allowed to prolong the
project period l. If the equipment is purchased by Owner, the Owner
shall bear all above cost, and prolong the project period
accordingly.
If the failure of trial
is due to the Contractors construction, the Contractor shall re-install
and conduct the trial run according to the
Engineers requirements, and bear the cost of
re-installation and trial, the project period is not allowed to be
postponed.
The trial run costis
included in lump-sum contract price. .
If the engineers fail
to sign the trial run record within 24 hours after being qualified,
the trial run will be deemed as passed. The Contractor can continue
to constructing or make completion formalities.
Owner is responsible for initial operation after completion
acceptance. The Owner shall get the consent of the Contractor if
requiring making the initial operation or coordination before
completion acceptance, and the supplemental agreement shall be
signed separately.
Construction
20Safety Construction and Inspection
Contractor shall conduct the construction strictly according to the
safety standards and the related management regulations of Project
Construction, be ready for inspection and supervision of industry
inspector at any time. The Contractor shall take strict safety
precautions to eliminate the accident potential. The Contractor
shall shoulder accident liability by virtue of poor self-protective
countermeasure and bear relevant fees.
Contractor shall give the safety training to on-site workers, be
responsible for their safety. The Owner shall not ask the
Contractor to construct by violating the safety rules. The Owner
shall take the corresponding safety accident liabilities by virtue
of own reason and bear the relevant cost
Contractor shall be responsible for the personal injury and
property loss of the Contractors personnel and third parties which occurs on the
Site during the course of construction works.
21Safety Precaution
Contractor shall put forward the safety precaution measures to the
Engineer and get approval before construction in the vicinity of
Power equipments, transmission lines, underground pipelines,
air-tight shockproof workshop, inflammable and explosive area and
busy street, the precaution fee is borne by the
Contractor.
Contractor shall notice Engineer in writing 14 days in advance when
implementing blast operation, conducting construction (including
stock, transport and use) in radioactive and toxic environment, and
use toxic and corrosive materials, which shall be approved by
Engineer, and the Contractor bear the precaution cost.
Before conducting any work likely to result in danger, the
Contractor shall establish measures concerning safety and
protection for the Owner’ s examination. The Contractor shall
assume all the liabilities and losses arising out of any accident
due to the Contractors insufficient measures. The Project Period shall
not be extended under such situation.
During the execution of the Project, the Contractor shall take
charge of the following work on the Site: fireproofing,
waterproofing, safeguarding, storage of goods, cleaning of the Site
and environment protection, etc.
During the execution of the Project, the Contractor shall undertake
to indemnify and hold harmless the public from any injury and
death, and the public property and facilities from any infringement
and losses. In case any damage of public facilities or casualty of
the public results from the execution of the Project, the
Contractor shall take whole liability and bear all Expenses arising
out thereof.
Contractor shall execute unconditionally any requirement put
forward by the Owner for ensuring the Projects safety.
measures, formalities and expenditures necessary for completing the
above work by the Contractor shall have been included in the
Contract Price.
已投稿到：
以上网友发言只代表其个人观点，不代表新浪网的观点或立场。