Subcontracting contract for construction and installation of sintering cooling system (2)
Article 6 Supervision and inspection of project quality
6.1 The owner of the project entrusts the supervision company to be responsible for quality inspection of the construction. Party B shall accept the quality supervision and inspection of the project owner, supervision company and Party A.
6.2 During the construction of the project, the project owner and Party A shall have the right to supervise and inspect the progress, quality and other aspects of the project. Party A may issue relevant design changes and instructions according to the actual conditions of the project, or make a decision to stop work, rectify and terminate the contract according to the construction conditions of Party B, unless it can not be implemented according to the natural law, Party B shall strictly enforce it.
6.3 Party B shall establish a quality assurance system to demonstrate that it can comply with the requirements of this contract. Compliance with this quality assurance system does not relieve Party B of its duties, obligations and responsibilities. The subcontractor shall submit to the Employer 10 days before the commencement of construction of any unit project the construction organization design material certificate, the experimental report, the special type of work permit concrete, the mortar matching and other notices, and fill out the inspection form, and issue the package. Party newspaper supervisor and owner. Before the start of each construction phase, Party B shall submit the details of all programs and execution files to Party A for inspection. When submitting any of the above files to Party A, a signed quality statement of the file should be attached. Party A has the right to review any aspect of the quality assurance system and has the right to request corrective action.
6.4 The engineering materials required for the construction of the cost project shall be purchased by Party B in addition to the request of Party A for further entrustment. Party A has the right to notify Party B to stop using the raw materials, semi-finished products and equipment that do not have a certificate of conformity.
6.5 The subcontractor shall purchase the main construction and installation materials and shall be certified by the general contractor for the qualification of its suppliers.
6.6 The project owner proposes that 砼 stirring and conveying must be set on the site to set up a large 砼 mixing station or use commodity 砼, and pumped to the pouring point, Party B should follow the implementation, and the difference that may occur relative to the on-site mixing 已 has been included Among the comprehensive unit price and comprehensive coefficient, no adjustment is made.
6.7 Party A has the right to participate in the inspection, inspection or testing of the quality of the works and materials in accordance with the regulations. Party B shall provide Party A with the conditions for the inspection, inspection, measurement or testing of the works and materials at the site or other work sites. Party B bears.
6.8 Party B shall promptly notify Party A before the construction project is ready to be covered or masked. Party A shall conduct inspection, inspection, measurement or test in time with the main representative, without undue delay; or notify Party B that it is not necessary to carry out the above work. If Party B fails to issue a notice in accordance with the above requirements, Party B shall, when requested by Party A, remove the cover on the above project and then restore it to its original condition at the expense of Party B.
6.9 If Party A requires other tests in addition to the construction specifications, Party B shall be responsible for providing all the files and other materials necessary for the above tests, and shall also provide the workers, materials and electricity required to effectively carry out the above tests. , fuel, test supplies, test equipment and instruments, meters, etc. If the test is qualified, the expenses shall be borne by Party A; otherwise, Party B shall bear the responsibility.
6.10 If Party A determines according to the results of inspection, inspection or test that the quality of a project or material is unqualified, Party A may reject the above-mentioned project or materials, and shall immediately notify Party B and explain the reasons for the rejection. Party B shall immediately repair the defects and ensure that the rejected items are in compliance with this contract. If Party A requests to re-test the quality of the above-mentioned projects or materials, then these tests shall be carried out according to the original test conditions. If the test is re-qualified, the costs shall be borne by Party A; otherwise, Party B shall bear the costs.
6.11 When all projects and materials are delivered to the site and payment has been made equal to the price of the relevant works and materials, the property rights shall be owned by Party A.
6.12 After completion of the project, Party A shall cooperate with the owner, supervisor and Party B to conduct the acceptance assessment of the project quality. Party B shall send the results and relevant completion data to Party A for review and submission to the owner for archival purposes.
6.13 The test report of the construction raw materials and semi-finished products shall be provided by a qualified quality inspection center or supervision station.
6.14 In the event of a major quality accident, Party B shall notify Party A in writing within 24 hours, and timely organize a quality accident investigation and analysis, and submit a handling opinion and report it to the relevant department for the record.
Article 7 Project Acceptance and Warranty
7.1 Completion acceptance is based on construction drawings, specifications, design changes, construction acceptance specifications and quality standards issued by the state and the metallurgical industry.
7.2 Completion acceptance:
7.2.1 After the completion of all or part of the construction of Party B, it is responsible for organizing the single-machine test and the no-load linkage test. After the test drive is qualified, the three parties signed the "No-load Linkage Test Certificate".
7.2.2 The project owner is responsible for organizing the load linkage test, and Party A and Party B participate together. Party B is responsible for providing driving operation services. During the test run, if there is a problem such as construction that belongs to Party B, Party B shall handle and bear the expenses. After the load linkage test is qualified, the project owner, Party A and Party B jointly signed the “Load Link Test Certificate”.
7.2.3 All or part of the project has the conditions for completion acceptance. Party B will provide the project owner with three sets of complete completion data and completion acceptance report in accordance with the relevant provisions of the national project completion, and provide it within three months. Three sets of as-built drawings. After receiving the completion acceptance report, the project owner shall promptly organize the relevant departments to accept the inspection, and give approval or propose amendments after acceptance, and Party B shall make modifications as required. After the modification is passed, Party A will accept the inspection. After the acceptance, the performance certificate will be signed, and the completion acceptance report will be approved. The project has passed the acceptance test.
7.3 The project warranty period shall be implemented in accordance with the provisions of Article 40 of the State Council Order No. 279 from the completion of the completion acceptance.
7.4 If the accident occurs due to the construction quality during the warranty period, Party B shall be responsible for repairing and bearing the expenses.
Article 8 Project Cost Payment
8.1 Within 30 days after the contract is signed, Party B's personnel and machinery will be stationed at the construction site and officially started. Party A shall pay Party B an advance payment of _________ million yuan. From the month when Party A pays Party B all the money reaches a certain amount, Party A shall deduct the project advance payment from Party B's progress payment in three months according to the average amount.
8.2 From the commencement of the project, Party B shall submit the project budget book in accordance with the list of contracted project pricing items to Party A for review. Party B shall actively cooperate with Party A's audit work, and the approved project budget shall be used as the basis for project payment and project settlement. . Party B shall prepare a monthly progress report in accordance with the approved project budget, in three copies, and submit it to Party A before the 25th of each month. Each progress report should include:
8.2.1 The signing of the construction quality and progress of Party A's construction management personnel;
8.2.2 Report on the progress of the image of the construction;
8.2.3 The investment income meter of this paragraph calculated according to the construction drawing and the contract price calculation method;
8.2.4 Payment application form.
8.3 Party A shall verify Party B's statement by the 15th of the next month, issue a project payment certificate and pay. Party B shall actively cooperate with Party A's review work.
8.4 15% of the monthly project investment approved by Party A is the reserved warranty, which is deducted from the payment certificate for each project. Before the project is completed and accepted, Party A will pay 85% of the total settlement price. The project will be completed and accepted after the completion of the heat load test, and 10% will be paid within one week. After the warranty expires, the settlement will be settled within one week. Part of the warranty premium is 5%.
8.5 Within 3 months after the project is completed and accepted, the two parties shall complete the completion settlement.
8.6 During the warranty period, due to quality problems caused by Party B's quality, Party B shall provide free warranty.
8.7 If Party B fails to meet the construction plan, quality requirements or does not follow the instructions of Party A, Party A has the right to unilaterally adjust the above payment plan.
8.8 Party B's business tax and surcharge shall be withheld and paid by Party A in each payment, and Party A shall provide Party B with a tax payment certificate.
8.9 Awards and penalties:
8.9.1 Reward: According to the completion of Party B's construction, Party A may give certain rewards to the content of the project that is satisfactory.
8.9.2 Penalties: If Party B does not perform the contract or does not complete the subcontracted project for various reasons, Party A may impose a double fine according to the scope and content of its actual impact on the project.
8.9.3 Fees for awards and penalties are paid for in the engineering payment for the next month's project.
Article 9 Force Majeure
9.1 Determination of force majeure: according to the relevant regulations of the state or provincial competent department.
9.2 If force majeure occurs, Party B shall promptly take measures to minimize the loss and notify Party A of the damage within 24 hours.
Article 10 Performance Guarantee
Party B shall provide Party A with a performance guarantee letter issued by its bank within 6 days after the signing of the contract.
Article 11 Disputes
11.1 The dispute shall be settled by negotiation between the two parties.
11.2 In the event of litigation, it shall be accepted by the people's court where the project is located.
Article 12: Entry into force and termination of the contract
12.1 This contract shall become effective after it has been signed and sealed by both parties.
12.2 If the project owner and Party A confirm that Party B is unable to complete the project in accordance with the contract period and quality requirements, the project owner and Party A have the right to terminate this contract, and the losses caused by Party B shall be borne by Party B.
12.3 This contract shall terminate from the date of full completion of the work, except that 8.4 is valid.
12.4 After Party A pays the full amount of the project, the relevant warranty terms are terminated by themselves.
12.5 Matters not covered in this contract shall be settled through negotiation between the two parties.
12.6 The original of this contract is two copies, which are separately kept by Party A and Party B; 12 copies are made, and 6 copies are for each of Party A and Party B.
person A person B:_________
Party A's representative: _____________ Party B's representative: __________
_________Year ____________________________________________
Place of signing: _____________ Signing location: _____________
Subsidiary file
A comprehensive description of the list of project-related projects
1. The list of project pricing items should be used together with the contract conditions and format.
2. This comprehensive description is used together with the project price list. The two are mutually explained and together constitute the project price calculation file of this contract.
3. The settlement and payment to Party B shall be based on the amount of work actually completed according to the construction drawing, and the actual project investment shall be obtained by multiplying the actual project quantity by the contract price.
4. The list of engineering pricing items is a fixed price, which is not adjusted due to changes in the actual conditions of various factors of the project.
5. Party B confirmed that the site situation has been fully understood and grasped, and various problems and measures that may occur during the construction have been fully predicted, and these factors have been taken into account in the bid price.
6. Party B confirms that the site conditions and project contents and the layout of the general plan have fully understood and grasped the situation, characteristics, difficulty level and construction period requirements of large-scale sintering projects, and comprehensive engineering contents in the comprehensive unit price and comprehensive coefficient. There are sufficient expectations and these factors have been taken into account in the bid price.
7. In the implementation of the project, each project is set at a certain contract price, and similar projects are applied at similar contract prices. The contract price is deemed to contain the cost risk that may be caused by the difference between similar projects.
8. The list of project pricing items is divided into two parts: civil engineering and installation engineering. Civil engineering and installation engineering are divided into three types: fixed fixed unit price, combined coefficient according to quota, and actual cost plus adjustment fee and tax. The preferred usage relationship between the three pricing methods is:
8.1 Pricing by fixed comprehensive unit price: The items included in the comprehensive unit price item are applied according to the same.
8.2 Calculating the comprehensive coefficient according to the quota: For the items not included in the comprehensive unit price project, the civil works and decoration works shall be applied according to _________, and then calculated by means of comprehensive coefficient. When applying the above quotas, only the quota direct fee portion is calculated. The “management fee” portion of the _________ provincial construction, decoration, and installation quota shall be included in the quotation of the comprehensive coefficient, and shall not be calculated.
8.3 In the implementation of the project, if the above two methods are not applicable, the civil works and installation works shall be calculated according to the following principles: the actual consumption of labor, materials and mechanical work required for the actual construction of the project confirmed by Party A. The actual cost of the project is calculated with the corresponding price, and then the engineering investment is determined by the method of calculating the fee and the normal tax according to the _________. The labor unit price and material price are based on the current market price of construction, installation and municipal engineering materials issued by the _________ city construction project cost management station. The price of the mechanical station is executed at the price of _________, and the insufficient part is consulted by Party A. The price is determined.
9. The engineering investment calculated according to the above three pricing methods has included:
9.1 All fixed direct fees, other direct fees, on-site management fees, temporary facilities fees, enterprise management fees, financial expenses, environmental protection measures, safe and civilized construction measures, night construction fees, secondary handling fees, concrete and reinforced concrete Pallets and brackets, scaffolding, completed engineering and equipment protection fees, construction drainage and precipitation fees, engineering insurance warranty fees, rushing measures, budgetary allowances, labor insurance, construction waste, freight, all fees, various places Taxes, steel structure detailed design fees, construction fees, fixed management fees, taxes, calculated according to regulations.
9.2 The market price of labor, materials and machinery classes may change during the whole process of project construction.
9.3 Equipment or the main material purchased by Party A shall be unloaded, transferred, and discharged from the site, unpacked, inspected, cleaned, and stored until transported to the construction site.
9.4 Changes in various unforeseen factors such as changes in engineering geological conditions and changes in external conditions.
9.5 In addition to the provisions of paragraph 10. of this Article, the entry and exit fees, the installation fee and the use of the shift when large machinery are required for construction; equipment caused by obstacles, ditch, pits, etc. due to poor space , handling, assembly and disassembly work of materials, machinery, etc.; slag, sand, stone, roadbed, etc. laid for transportation equipment and equipment; fixed bolt frame required for foundation construction; pumping of cast-in-place concrete; and other necessary The cost of construction measures. Except as otherwise agreed by the parties in the contract price, no construction measures are charged.
9.6 The content of price difference, labor, materials and machinery consumption may change due to different engineering.
9.7 Due to the owner's suggestion, the mixing and conveying of the crucible must be set on the site with a large concrete mixing station or the use of commodity crucibles, and pumped to the pouring point, the difference that may occur relative to the on-site mixing crucible.
9.8 Possible policy adjustments and special local charges.
9.9 All risks and responsibilities in terms of construction period, owner's special requirements, design, safety and losses caused by various reasons.
9.10 The vertical transportation fee is included in the corresponding comprehensive unit price and is not separately calculated.
9.11 Contents to be included in other terms of this tender file.
10. The cost of construction measures that are allowed to be separately calculated in civil works and installation works include:
10.1 The difference between the construction hoisting machinery of more than 30 tons approved by Party A and the construction hoisting machinery in the original contract unit price according to the reasonable construction organization design;
10.2 According to the reasonable construction organization design, the tower cranes approved by Party A shall enter and exit the entrance fee, installation fee and basic fixed fee.
In addition, other construction measures are included in the quotation of the comprehensive unit price and the comprehensive coefficient, and are not calculated.
11. The actual price of the use of special materials shall be determined by Party A in the course of project implementation.
12. When calculating the engineering investment, if there is a material price difference, the price difference will only be calculated as normal tax, and no other expenses will be calculated.
13. If there is any doubt about the contract price in actual use, Party A's explanation shall prevail.
14. The items included in the comprehensive unit price project do not represent the contents of construction or construction of Party B, and are constructed according to the construction drawings and related instructions provided by Party A. When Party A entrusts part of the construction and safety work such as the installation of certain buildings and equipment within the scope of the contract to other units designated by Party A for construction, the comprehensive unit price in this contract shall not be adjusted, and no construction coordination fee and comprehensive management fee shall be paid.
15. If Party B fails to perform the contract or does not complete the subcontracted project for various reasons, Party A may impose a double fine according to the scope and content of its actual impact on the project.
16. Party B shall obtain the qualifications of Party A for the qualifications of its suppliers for the procurement of major civil works and installation materials. The owner of the project supplies part of the steel at a fixed price, and the price is based on the attached file VII. Party B shall submit the procurement plan to Party 15 on the 15th in advance. After Party A's approval, Party B shall purchase the goods at the owner's office according to the progress. Party A shall charge 5% of the purchase management fee for each purchase price. The purchase price and procurement management expenses are deducted from the payment of the project payment according to the progress of the project payment. In the project settlement, the purchase price of this part of the material will be offset.
17. If the equipment provided by Party A has non-technical production defects such as transportation deformation, Party B shall agree to accept the treatment. The processing fee of each equipment shall not exceed _________ yuan, and Party B shall not calculate the processing fee. If the amount exceeds this amount, it shall be calculated according to the consumption of verified labor, materials and machine power, and then the fee and business tax and surcharge shall be calculated.
Attachment file 2 civil engineering construction pricing method and comprehensive unit price description
1. Quantity of engineering: Based on construction drawing design, design change and on-site visa, the engineering quantity is calculated according to the engineering quantity calculation rule of the comprehensive unit price of the attached table.
2. Comprehensive unit price pricing method:
2.1 Comprehensive description:
2.1.1 The work content of the comprehensive unit price sub-project of the civil engineering project, including the work content included and not included in the description of each unit price sub-item of the relevant quota of _________, that is, including the sub-item meeting the design requirements and all construction related thereto Process.
2.1.2 Unless otherwise stated, the unit price will not be adjusted.
2.2 The list of comprehensive unit price sub-headings of civil works is detailed in Appendix 1.
2.3 Calculation program: civil engineering cost = ∑
3. Comprehensive coefficient pricing method: In the implementation of the project, if it does not apply to the comprehensive unit price, it will be calculated according to the following principles:
3.1 Quantity: Calculated based on construction drawing design, design changes and on-site visa.
3.2 Quota: In principle, the civil engineering project is calculated on the basis of the fixed direct fee of ____________, and the comprehensive coefficient reported in the four attached files is calculated.
3.3 Comprehensive coefficient: Calculated according to the provisions of the attached file IV.
3.4 Calculation program: civil engineering cost = engineering quantity × fixed direct price base price × comprehensive coefficient.
4. Several adjustments to the above two pricing methods:
4.1 In the construction drawing design, the mortar mix ratio and the 砼 strength level and sub-project content do not match the comprehensive unit price. Calculate the difference according to the corresponding mix ratio and strength level in _________, and then calculate the comprehensive coefficient.
4.2 The material of the steel is poor. The steel material according to the design can be compared with the steel material q235b. The difference is determined by the price difference after the quotation, and then the comprehensive coefficient is calculated.
4.3 The construction drawing design with the unit project as the calculation object can adjust the steel content exceeding ±10% of the content of the expanded comprehensive unit price, and ≤±10% will not be adjusted. The difference can be adjusted to calculate the composite coefficient. If one party to the contract proposes to calculate the amount of steel used in a unit of work, it shall provide a standard calculation of the amount of steel used. The accounting for it is carried out after the completion of other settlements of the unit project. During this period, no adjustments will be made to the payment of the project, and neither party to the contract may affect the smooth progress of the project.
4.4 Where the height of the building is more than 20m, it shall be calculated according to the corresponding sub-item of the super high building increase fee in the comprehensive unit price. However, the detachment of the super-high scaffolding and the vertical transportation machinery are not counted.
5. Valuation method of special circumstances: In the implementation of the project, if it is true that the above two methods cannot be applied, the calculation is carried out according to the following principles:
5.1 Quantity of work: The physical consumption of labor, materials and mechanical work required by the construction confirmed by Party A.
5.2 Unit price: labor unit price and material price In principle, according to the current market price of the latest construction, installation and municipal engineering materials issued by the _________ city construction project cost management station, the mechanical desk fee is executed at _________ price. Party A's inquiry is confirmed.
5.3 Calculation program: civil engineering cost = ×
Attachment file three installation engineering pricing method and comprehensive unit price description
1. Quantity of engineering: Calculated based on the construction drawing design, equipment nameplate, design change and on-site visa. The engineering quantity is calculated according to the calculation formula of the comprehensive unit price of the attached unit.
2. Comprehensive unit price pricing method:
2.1 Comprehensive instructions
2.1.1 The work content of the comprehensive unit price of the installation project shall be included and not included in the descriptions of the “National Unified Installation Project Budget Quota”, namely: unloading, unloading and on-site transportation when the equipment arrives at the site. , unpacking, inspection, cleaning, oiling, storage; qualified installation and commissioning of all equipment and materials, equipment unit test, record and on-site cleaning, and responsible for all construction processes, test records and supporting load of air load linkage test Linked to test and repair, match, and change work.
2.1.2 In addition to the above, the work content of this comprehensive unit price includes:
a. Acceptance of equipment foundation, shovel surface, trimming of anchor bolt holes;
b. The required protective color common topcoat, etc. as required by the paint and safety regulations required by the design requirements;
c. Construction fee and necessary measures fee confirmed by the bidder.
2.1.3 Installation includes all the processes and contents related to the sub-item and vertical transportation, horizontal transportation, ultra-high increase fees, high-rise building increase fees, mechanical equipment entry and exit and necessary scaffolding.
2.1.4 Unless otherwise stated, all installations include the main material fee. For the comprehensive unit price of the main material, the main material price must be reported.
2.1. 5 Electrical small appliances are suitable for the installation of small safety transformers, instruments, electric flutes, power buttons, limit switches, relays, terminal blocks, fuses, knife switches, transfer switches, small transformers, etc.
2.1.6 The measuring unit “table set” of instrumentation equipment is calculated and determined according to the number of one set of instruments at the process inspection point.
2.1.7 A set of industrial TVs, including cameras, protective covers, floodlights, sound and light alarms, display controllers and cables.
2.1.8 The fire alarm system is calculated according to a set of test points, including the installation, detection and debugging of equipment from the alarm control cabinet to the test point.
2.1.9 The calculated length of cables and wires is generally calculated according to the material table in the construction drawing, but both parties may require accounting for one of them. The accounting principle is increased by 7% by the sum of the horizontal and vertical lengths.
2.1.10 The content of pipe fittings, flanges, brush oil, etc. in the comprehensive unit price of pipeline engineering are comprehensively determined. If it does not match the actual conditions, no adjustment is made.
2.1.11 The electronic control equipment brought by the mechanical equipment is installed by the construction unit of the mechanical equipment, and the unit price of the installation is performed according to the unit price in the list of the comprehensive unit price sub-heads.
2.1.12 The brush oil in the comprehensive unit price is considered according to ordinary paint. If the design requires high temperature paint, the difference will be calculated separately.
2.1.13 Unless otherwise stated, all installations include a main material fee. For the comprehensive unit price of the main material, the main material price must be reported; if the main material is not included, the main material may be purchased by Party A after the core price, or Party A may directly supply it to Party B.
2.1.14 The unit price is a fixed unit price. Unless otherwise stated, it is not adjusted for any conditions such as process, content and location.
2.2 The list of the comprehensive unit price of the installation project is detailed in Appendix II.
2.3 Calculation program: installation project cost = ∑
3. Comprehensive coefficient pricing method: In the implementation of the project, if it does not apply to the comprehensive unit price, it will be calculated according to the following principles:
3.1 Quantity: Calculated based on construction drawing design drawings, design changes and on-site visas.
3.2 Quota: Installation Engineering: In principle, based on the fixed direct fee in _________, the actual shortfall is based on the base price in the 2001 Metallurgical Industry Construction Project Budget Quota, and the fixed direct fee is calculated.
3.3 Comprehensive coefficient: Calculated according to the provisions of Attachment File IV, _________ provincial quota and metallurgical quota are separately quoted to determine the comprehensive coefficient.
3.4 Calculation program: installation engineering cost = engineering quantity × fixed direct price base price × comprehensive coefficient.
4. Valuation method for special circumstances: In the implementation of the project, if it is true that the above two methods cannot be applied, the calculation is carried out according to the following principles:
4.1 Quantity of work: The physical consumption of labor, materials and mechanical work required by the construction confirmed by Party A.
4.2 Unit price: artificial unit price and material price In principle, according to the current market price of the latest construction, installation and municipal engineering materials issued by the _________ city construction project cost management station, the mechanical desk fee is executed at _________ price. Party A's inquiry is confirmed.
4.3 Calculation program: installation project cost = ×
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