Construction and installation project contract (coal mine)
Coal mine building installation contract
Contract number: ________
project name:__________
Project Number:__________
Project Category: __________
Employer: _________
Contractor:_________
Signing time:______________
place of signing:______________
According to the "Economic Contract Law of the People's Republic of China", the "Construction and Installation Contracts" and the relevant provisions of the Ministry of Coal, in conjunction with the specific circumstances of the project, the contract was signed by both parties.
First project
First, the project name: ____________
Second, the project location: ____________
Third, the source of funds: ____________
Fourth, the scope of contracting, project content: ________
1. Contracting scope: ___________
2. Engineering Content:_________
3. other:______________
V. Contract price
1. The total contract price: __________ million.
2. Pricing basis of the contract price
The budget quota issued in ________ in ________;
The fee standard issued by ________ in ____ years;
The unit price of the labor fee approved in ________ in ____ years;
____ years to the ________ regional budget price;
other:_____________
Article 2
First, Party A’s responsibility
1. Handling the expropriation of permanent land for construction and the lease of temporary land, the compensation for young trees and trees, the dismantling of obstacles on the project site, and providing information on hidden obstacles.
2. Apply for a building permit and other documents that should be handled by Party A.
3. ____ years __ month __ day to complete the "four links and one leveling", that is, the water source, power supply, communication lines, transportation roads, and leveling sites leading to the construction site; meeting the needs of construction water and electricity consumption. Responsible for the maintenance of off-site transportation roads, and arrange the flow of on-site drainage channels.
4. Coordinate local workers and peasants, improve the construction environment, and ensure the normal use of water, electricity, roads, and communications projects.
5. Within __ days after the signing of the contract, provide the complete building installation design specification and construction drawing type __ share; construction technical data ___ share; ___ days to submit the benchmark point and coordinate control point, and carry out on-site verification.
6. Organize Party B, the design unit and relevant departments to participate in the construction drawing review meeting, and make a good summary of the meeting, and distribute the relevant units within __ days after the meeting.
7. Submit the funding basis to the handling bank, and apply for funding and settlement on time.
8. Participate in the month-end acceptance, intermediate acceptance, and concealed project acceptance of the project on time, and be responsible for the completion and acceptance of the organization project. In accordance with the relevant provisions of the state and the industry, timely pay the project price, apply for visas and complete settlement.
9. Appointment of _____ comrades as the representative of the construction site of Party A, supervising and inspecting the progress, quality and performance of the contract, responsible for visas and accepting various statements and negotiating other related matters, and timely solving the problems that should be solved by Party A.
For the supervision project, Party A entrusts the chief engineer to act on behalf of Party A. Party A's representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and then continue to abide by the predecessor's rights and obligations as stipulated in the contract.
Second, Party B’s responsibility
1. Responsible for the laying, management, use and maintenance of temporary roads, temporary facilities, sinking facilities, and water and electricity pipelines within the construction area.
2. Prepare the construction organization design and do all the construction preparation work.
3. Carry out civilized construction in strict accordance with the construction drawing instructions, meet the requirements of “environmental protection”, ensure the quality of the project, and complete and deliver as scheduled according to the time specified in the contract.
4. Promptly submit to Party A the concealed project acceptance notice, completion acceptance report, and submit the month-end acceptance and intermediate acceptance plan to Party A; provide monthly construction work plan, material equipment, finished semi-finished products and other entry plans, monthly construction statistics, Engineering accident report, etc.
5. After the completion of the project, the site will be cleaned up in time to ensure that the work is completed. Submit complete completion acceptance data within the stipulated time, complete the completion acceptance procedures and submit the final accounts of the project completion.
6. The completed houses, structures and installed equipment shall be kept in custody on the date of transfer agreed upon by both parties.
7. When building a well with permanent buildings and equipment, it is responsible for the repair and maintenance of buildings and equipment to ensure the quality of the building installation works when the mine is handed over. The maintenance and repair costs incurred in the use of permanent buildings and equipment shall be borne by Party B.
8. The ___ comrade is appointed as the representative of Party B, responsible for the management of the construction site and the contact work with Party A.
Article 3 Project Term
First, the total construction period is ___ days, starting from ____ years __ __ _ day, to _ _ _ _ _ _ _ day completion acceptance
2. Party A failed to complete the “four links and one leveling” as agreed, the drawings were not fully supplied, the materials, equipment and projects were not timely disbursed, and the non-compliance caused by non-compliance, such as force majeure and external relations, was suspended and stopped. After the work, after the visa of Party A, the construction period will be postponed.
3. The construction period will not be postponed due to the poor construction management of Party B or the rework of the project quality caused by the responsibility of Party B, and the handling of accidents.
Fourth, in advance or delayed delivery, every day according to the project cost of 10,000 points in advance of the completion of work or bear the liquidated damages.
Article 4 Project Quality and Acceptance
1. Party B must carry out construction in accordance with the construction drawings, instructions and relevant national codes, regulations and standards, and accept the supervision of Party A and project supervisors.
Second, Party A proposes the quality level required by the engineering of the roadway, civil engineering, installation and other units. Engineering quality standards are tested in accordance with national or industry engineering quality standards.
3. The “Chuangyou” project required by Party A shall, after completion of the project, meet the quality project through quality acceptance, and Party A shall pay the quality project increase fee at __% of the project cost.
4. Party B must abide by the following regulations during construction.
1. The main materials, equipment, finished products and semi-finished products must be tested and re-examined according to the relevant regulations. The materials must be approved or replaced by the original design unit and Party A.
2. If Party B has a quality accident during construction, it shall promptly report Party A and the supervision engineer and the project quality supervision station. Major quality accident handling plans shall be jointly studied by the higher authorities, design units, quality supervision stations, and Party A, and shall be implemented after the visas of Party A and the design unit. The expenses incurred as a result of this shall be borne by Party B and the construction period shall not be postponed.
V. Project acceptance
1. End of month acceptance and intermediate acceptance. The relevant units of Party A and Party B shall organize monthly acceptance and intermediate acceptance. After acceptance, all parties shall sign the acceptance certificate.
2. Concealed project acceptance. Party B must guarantee the quality of the concealed works. Party B shall notify Party A or the supervision unit to participate in the inspection in writing __ days before the project is concealed. After confirming the project, both parties shall sign the project acceptance certificate. If Party A cannot send the person to participate in the inspection as scheduled, Party B may check and accept it by itself and make a covert Party acceptance records shall be recognized by Party A. If Party A proposes re-inspection after project concealment, Party B shall agree, re-qualification, and the construction period shall be postponed accordingly, and the expenses shall be borne by Party A; if the re-inspection is unqualified, the expenses shall be borne by Party B, and the construction period shall not be postponed. If Party B fails to notify Party A and accepts the concealed project itself, Party A shall submit a re-inspection. Whether it is qualified or not, the expenses shall be borne by Party B and the construction period shall not be postponed.
3. Completion acceptance. Party B shall submit a completion report and related drawings and materials to Party A ___ days before the completion of the unit project, and Party A shall organize the relevant units to complete the acceptance within __ days. Pass the acceptance, sign the acceptance certificate, and carry out the unit project quality rating and certification. If the acceptance is unqualified, the responsibility shall be clarified, and the rectification shall be carried out within a time limit until the eligibility criteria are met. The expenses and construction period shall be the responsibility of the responsible party.
4. After the completion of the acceptance, Party B shall, in accordance with the relevant regulations, prepare a complete ___ share of the Ministry of Construction and hand it over to Party A.
6. Engineering insurance. Party B shall be responsible for the warranty in accordance with the relevant national and industry regulations. The warranty period is: civil engineering __ years; installation engineering __ years; the lane engineering does not implement the warranty.
Article 5 Supply, Acceptance and Spread Processing of Building Materials and Equipment
1. The quantity of the following materials and equipment supplied by Party A.
2. Other materials and equipment other than the supply of Party A shall be purchased by Party B.
3. The materials and equipment supplied by either party shall be supplied on time, by quality and quantity according to the contract, and must be accompanied by a product certificate or quality inspection certificate before being used in the project. Any party believes that the materials provided by the other party need to be re-inspected. Re-inspection should be allowed. If the re-inspection meets the quality requirements, it can be used in the project. The re-inspection fee shall be borne by the re-inspector; if it does not meet the quality requirements, it shall not be used in the construction of the project, and shall be away from the construction site at the specified time. Materials and equipment suppliers bear.
4. The material supplier shall be responsible for the losses caused by the unqualified quality of the materials.
5. According to the needs of the project, Party B may use the substitute materials on behalf of Party A. When Party A uses it for reasons of Party A, Party A shall bear the economic expenses incurred. If Party B uses it for reasons, Party B shall bear the expenses.
6. When the supply of materials and equipment is not timely, the stoppage and work loss shall be borne by the responsible party.
7. The price difference of the project materials shall be calculated in accordance with the relevant provisions of the _________ text "Measures for the adjustment of the cost of coal construction and installation engineering construction cost".
Article 6 Payment and settlement of project price
The payment and settlement of the project price shall be carried out in accordance with the relevant provisions on the settlement of capital construction projects formulated by the State.
1. Within ____ days after the signing of this contract, Party A shall pay ___% of the total contract price for the payment of RMB ____ million. Payment of temporary facilities fees ___ million yuan; drilling measures ___ million yuan.
2. Party A must pay the progress payment according to the verified progress of the project within ___ days after receiving the monthly progress report of Party B. When the progress payment of the project reaches ____% of the total contract price, the materials will be gradually deducted according to the prescribed ratio.
3. When the payment of the project price reaches 95% of the total contract price after adjustment, the payment will not be made according to the progress. After the completion of the inspection and acceptance, the quality of the project will still be qualified after the expiration of the warranty period, and the unpaid project payment will be paid to Party B together with the interest. The completion of the work and acceptance of the roadway engineering will be settled once.
4. The settlement basis of the project price, in addition to the project pricing basis, should also have:
1. Construction organization design or plan;
2. Design change file;
3. Visa for concealed works, engineering changes, rock hardness changes, material substitution, etc.;
4. Measured data of well water inflow in the well and measured data of geological conditions;
5. Spread adjustment data;
6. Other correspondence documents or visas related to the increase in construction cost.
5. When both parties agree on the adjustments to the quotas, cost standards, labor, materials, equipment prices, etc. prescribed by the relevant provincial government or the authorized department in the project, the contract price shall be adjusted accordingly.
6. If Party A delays payment of the project progress payment or the final payment, Party B shall pay Party B a late payment fee of __10,000 yuan per day for the deferred payment amount.
7. It is true that Party A shall delay the payment of the construction cost and the purchase price difference to affect the progress of the project, and Party B shall be responsible for the suspension of work and other losses.
8. The settlement method of the price of this contract is: _____________.
9. Party B shall, within ____ days after the completion of all projects, submit the completed settlement file to Party A and the handling bank for review, and Party B shall be responsible for interpreting the questions in the review. Party A shall complete the review within ____ days after receiving the file. If no written objection is filed at the expiration date, Party B may request the approved bank to approve the appropriation.
Article 7 Construction and Design Changes
1. The design drawings, specifications and relevant technical materials provided by Party A shall serve as an effective basis for the construction. Before the commencement of construction, Party A shall organize the design and the third party to review and make the minutes of the meeting. As a supplementary basis for the construction, both parties shall not arbitrarily modify it. .
2. If any design is found to be wrong or unreasonable during construction, both parties shall promptly notify the other party in writing, and Party A shall promptly cooperate with the design and other relevant units to study and determine the modification opinions or change the design. Party B shall construct according to the modified or changed design. . The increase or decrease of expenses due to design modification or change shall be borne by Party A, and the contract price shall be adjusted, and the construction period shall be adjusted accordingly.
3. Party B proposes to rationalize the design and modification process under the premise of ensuring the quality of the project and not lowering the design standards. After the design or review by the relevant technical department, Party A adopts and implements it with the consent, and the value of the savings is allocated according to the state regulations. .
4. If Party A needs to modify or change the design, Party B must make a formal notice of change or modify the drawings, and Party B will implement it. When major revisions or increase in cost are incurred, they must be negotiated separately. Party B will only implement the investment implementation certificate and the technical data design drawings.
5. If any obstacles such as monuments and cultural relics buried in the ground are found during construction, Party B shall immediately notify Party A, and Party A shall report to the cultural relics management authority for handling and immediately take remedial measures. Party A shall be responsible for the increase and decrease of the engineering quantity and expenses, and adjust the construction period accordingly.
Article 8 Project Supervision
In the construction project that implements engineering supervision, it is necessary to conscientiously implement the “Coal Engineering Construction Supervision Regulations” issued by the Ministry of Coal in accordance with the text of Coal-based Word [1996] No. 254. Party A shall officially notify Party B of the list of supervisory units and directors, and the supervision duties. The scope of supervision. The supervision unit shall notify Party B of the list of supervision engineers and engage in professional work. Party B shall cooperate with the supervision unit to supervise and manage the construction project. Party A, Party B and the supervision unit shall establish effective communication channels and exchange information in accordance with the prescribed methods.
Article 9 Liability for breach of contract
Party B’s liability for breach of contract
1. If the quality of the project does not meet the requirements of the contract, it shall be responsible for repair or rework. Overdue liquidated damages due to overdue delivery due to repair or rework.
2. Party B shall repay the overdue liquidated damages due to the failure of Party B to cause the project to be delivered and used within the time specified in the contract.
3. If there is a quality problem during the warranty period, Party B shall repair it within ____ days after receiving the notice from Party A. Otherwise, Party A has the right to request the construction unit to carry out the repair, and the repair expenses incurred shall be borne by Party B.
Party A’s liability for breach of contract
1. Failure to perform its own obligations in accordance with the provisions of the contract. In addition to the delay in completion date, the contractor shall be compensated for the actual losses caused.
2. If the project is suspended or slowed down during construction, or due to design changes and design errors, rework should be taken to compensate or reduce losses, and the actual losses caused by Party B should be compensated.
3. The project shall not be accepted, and Party A shall use it in advance or use it without authorization. Party A shall be responsible for the quality or other problems arising therefrom.
Article 10 Dispute Resolution
In the event of a dispute arising from the performance of this contract, the parties shall resolve the matter in a timely manner. If the negotiation fails, the competent department of the Ministry of Coal may apply for mediation. If the coordination fails or the mediation fails to reach an agreement, the parties agree to be arbitrated by the ____ Arbitration Commission.
Article 11 Construction Safety
Party B shall carry out safe construction in accordance with coal mine safety regulations and relevant regulations, and bear the responsibility and expenses incurred due to the ineffectiveness of its own safety measures. The major casualties shall be reported to the relevant departments immediately and notified to Party A representatives. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
Article 12 Supplementary Provisions
1. This contract is a __ share, both parties shall hold one copy of each, and the copy shall be submitted by Party A to the handling bank, local industrial and commercial administration, coal area regional engineering cost management station, quality supervision station, supervision unit and construction supervisor. The department has filed the record. The contract for which the supervision must be carried out according to the regulations shall be sent to the industrial and commercial and notarization departments where the project is located for the procedures for supervision and certification.
2. This contract shall be signed by the representatives of both parties and shall be effective if the official seal or special seal of the contract is affixed. If it is necessary to apply for attestation, it shall take effect from the date of certification; the completion acceptance of the project shall meet the requirements, and the project shall be terminated after the settlement of the project.
3. After the signing of this contract, if it is necessary to amend and supplement, after the two parties reach a consensus, a supplementary agreement may be signed as an integral part of this contract.
Article 13 Supplementary Provisions
..........................................................................................
..........................................................................................
person A person B:
Unit address: unit address:
Legal representative: Legal representative:
Agent: Agent:
Bank of deposit: Bank of deposit:
Account number: Account number:
Phone: Phone:
Electric hanging: electric hanging:
Postal code: Postal code:
Schedule 1-1:
Coal Mine Lane Project List
─┬──┬───────┬───┬───┬─────┬───┬──┬──
Preface │ Engineering │ Section │ Coal Rock │ Support │ Quantity │ Engineering │ Start │ Completion
│Name ├───┬───┤Category│ Form ├──┬──┤价 ││
││ │ Section │ │ │││ ││
─┼─┼───┼───┼───┼───┼──┼──┼───┼──┼──
││ │ │ │ │││ ││
─┴─┴───┴───┴───┴───┴──┴──┴───┴──┴──
Schedule 1-2:
Coal construction and installation project list
───┬────┬─────┬────────┬───┬────┬────
Preface │Project Name│Brief Description│ Quantity │ Project │ Start │ Completion
No. ││ ├────┬───┤ Cost │ Time │ Time
││ │ Unit │ Quantity │ ││
───┼────┼─────┼────┼───┼───┼────┼────
││ ││ │ ││
───┴────┴─────┴────┴───┴───┴────┴────
Schedule 2:
Party A is responsible for supplying equipment and materials
───┬───────┬───┬───┬──┬─────┬────┬───
No. │ Equipment or Material Name │ Specifications │ Unit │ Quantity │ Delivery Location │ Date of arrival │ Remarks
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┴───────┴───┴───┴──┴─────┴────┴───
Schedule 3:
Party A requires the unit project to reach the quality level
┌──┬─────┬─────┬─────┬─────────┬───┐
│No.│ Project No. │ Project Name │ Brief Feature │ Requires Quality Level │Remarks│
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
└──┴─────┴─────┴─────┴─────────┴───┘
Instructions for completing the relevant provisions of the contract for the construction of coal mine construction projects
Cover
1. Project Name: refers to the title of the project to be constructed by both parties to the contract. Generally, it is filled in according to the total estimated production process, such as the main and auxiliary wellbore and related diverticulum; the bottom hole yard and diversion room; the ground production system.
2. Project category: fill in three types of projects: well, lane, civil engineering and installation.
3. Contractor: refers to the construction unit that invests in the construction of mines, and must fill in the full name of the unit.
4. Contractor: refers to the construction unit that undertakes the construction of the mine, and must fill in the full name of the unit.
5. Signing time: When the parties agree to the terms of the contract, the time of signing and stamping the two parties must be clearly filled out, and must not be abbreviated or abbreviated.
6. Place of signing: The location where the nails and the two parties sign the contract in the case of agreement, the details of the province, city and county should be clearly filled out.
First project
1. Project Name: The filling method is the same as the cover project name.
2. Project location: refers to the construction site of the project. The specific locations of the provinces, cities and counties where the project is located should be clearly marked.
3. Source of funds, fill in the financing channels for construction funds, such as development bank loans; fund raising; joint ventures; self-raising.
4. The scope of contracting and the content of the project shall be filled in accordance with the requirements of the attached table to fill in the engineering and technical characteristics according to the unit project; the quantity of the project; the cost of contracting, the time of completion and so on.
5. Contract price
The total contract price refers to the engineering content of the agreement reached by both parties and the engineering price of the contracted scope.
Project price: For the bidding project, the bidding price determined at the time of winning the bid shall prevail; the construction drawing budget plus on-site visa contracting shall be based on the approved construction drawing budget price, and the on-site visa part shall be adjusted at the time of settlement; If the coefficient is contracted, the construction drawing budget plus the dry-coefficient cost shall prevail, and the contracted Party A visa portion shall be adjusted at the time of settlement; the construction drawing budget plus the risk factor shall be contracted once, and the construction plan budget plus the risk factor shall be used for the cost. The content of the risk factor should include the basic reserve fee and the project cost adjustment reserve.
For the pricing basis of the contract price, the calculation basis of the contract price must be clearly filled out, such as the quota, indicator, the year of issue of the cost standard, the document number; the labor, material price preparation time and regional price.
Article 3 Project Term
The term of the project refers to the time all the engineering content of the construction project from the start of construction to the completion of the construction contract, and the time elapsed to meet the completion acceptance criteria.
When both parties agree to agree on the construction period, they shall be determined according to the construction period of the bidding documents of Party B or by the fixed amount of the relevant construction period.
Article 4 Project Quality and Acceptance
Intermediate acceptance. Refers to the acceptance of part of the project quality and quantity due to the need for intermediate settlement during the construction process. The unit project for cross-year construction also includes the annual acceptance before completion.
Article 6 Payment and settlement of project price
There are generally five ways to settle the settlement method of the project price:
1. The bid price is added to the on-site visa settlement. When using this settlement method, the scope of the on-site visa should be specified in the contract;
2. The construction drawing budget plus all the visa settlements of Party A;
3. The construction drawing budget plus the dry-coefficient settlement, in this way, the two parties jointly agree on the drying factor and the scope of the package;
4. The construction drawing budget plus the risk factor is packaged at one time and no adjustment is made. This method is only applicable to the project from the price year to the completion of the contract price within two years or within one year.
5. According to the bid price, the bidding price will be used once, and no adjustment will be made. The condition of this settlement method is the same as the construction drawing budget plus the risk factor settlement method.
Article 13 Supplementary provisions include:
1. The professional terms that need to be supplemented due to different nature of the project are:
1. Lane engineering
Water inflow: Both Party A and Party B must measure the amount of water in the wells according to the regulations. According to the time agreed by both parties, make a record of the actual measurement. The two parties will approve the visa and adjust the drainage cost accordingly to settle the project price. If one party fails to participate on time, Party B may make its own measurements and make a record. The absent party shall acknowledge the measured results.
Rock hardness change: When the rock hardness changes during construction, both parties should sample at the agreed time, do comparative analysis, and timely adjust the change of rock hardness to the engineering cost change.
Construction encounters geological structure: When a large geological structure is encountered during construction, both parties shall observe and record in time according to the agreed degree of structural change, and jointly formulate a treatment plan. Party B shall make a complete construction record and Party A shall verify the payment.
When serious damage or damage occurs after the completion of the acceptance of the well, the quality supervision department and the superior competent department inspect and determine that due to the construction quality, Party B is unconditionally responsible for rework, and all expenses are borne by Party B; deformation and damage are due to formation pressure. Or the cost of the treatment project caused by other geological factors shall be borne by Party A. If Party B cannot undertake the work due to technical reasons, Party A may request the construction team to handle it.
2. Installation work
The equipment supplied by either party shall be difficult to record by the on-site inspection and acceptance by both parties before delivery. In the event of missing or damaged equipment, the supplier is responsible for the settlement and bear the costs. The random accessories, special tools and technical materials of the equipment shall be kept by Party A, and Party B shall borrow from Party A when necessary. Metal containers, non-standard equipment, metal structural parts, etc., when Party A entrusts Party B to process, it shall sign a processing agreement.
Party A shall be responsible for the organization of equipment foundation acceptance and inspection of pre-buried spare parts for civil and mining construction. Party B shall assign special personnel to cooperate with the basic acceptance and inspection of the reserved parts before the installation project starts.
The test, the single and partial trial operation of the pipeline project, and the single-machine no-load test run of the equipment installation project shall be organized by Party B. The joint load-free test run of the pipeline test load test, power and communication engineering test power transmission, test pass and equipment installation project shall be organized by Party A. The test vehicle informs the other party 48 hours before, and prepares according to the agreed division of labor. Party B will make a test run record and pass the test drive. Both parties will sign the test record before they can complete the acceptance check.
If the test is not up to the acceptance requirements due to equipment manufacturing, the purchaser of the equipment shall be responsible for re-purchase or repair, and the expenses for re-purchase, repair, dismantling and re-installation shall be borne by the responsible party.
If the test fails to meet the acceptance requirements due to construction reasons, the representative of Party A shall propose the modification within 24 hours after the test, and Party B shall re-test the vehicle after modification, and the expenses incurred shall be borne by Party B, and the construction period shall not be postponed.
2. Relevant standards, norms and procedures for the country or industry agreed upon by Party A and Party B.
3. Other terms agreed by Party A and Party B to be supplemented.
..........................................................................................
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Contract number: ________
project name:__________
Project Number:__________
Project Category: __________
Employer: _________
Contractor:_________
Signing time:______________
place of signing:______________
According to the "Economic Contract Law of the People's Republic of China", the "Construction and Installation Contracts" and the relevant provisions of the Ministry of Coal, in conjunction with the specific circumstances of the project, the contract was signed by both parties.
First project
First, the project name: ____________
Second, the project location: ____________
Third, the source of funds: ____________
Fourth, the scope of contracting, project content: ________
1. Contracting scope: ___________
2. Engineering Content:_________
3. other:______________
V. Contract price
1. The total contract price: __________ million.
2. Pricing basis of the contract price
The budget quota issued in ________ in ________;
The fee standard issued by ________ in ____ years;
The unit price of the labor fee approved in ________ in ____ years;
____ years to the ________ regional budget price;
other:_____________
Article 2
First, Party A’s responsibility
1. Handling the expropriation of permanent land for construction and the lease of temporary land, the compensation for young trees and trees, the dismantling of obstacles on the project site, and providing information on hidden obstacles.
2. Apply for a building permit and other documents that should be handled by Party A.
3. ____ years __ month __ day to complete the "four links and one leveling", that is, the water source, power supply, communication lines, transportation roads, and leveling sites leading to the construction site; meeting the needs of construction water and electricity consumption. Responsible for the maintenance of off-site transportation roads, and arrange the flow of on-site drainage channels.
4. Coordinate local workers and peasants, improve the construction environment, and ensure the normal use of water, electricity, roads, and communications projects.
5. Within __ days after the signing of the contract, provide the complete building installation design specification and construction drawing type __ share; construction technical data ___ share; ___ days to submit the benchmark point and coordinate control point, and carry out on-site verification.
6. Organize Party B, the design unit and relevant departments to participate in the construction drawing review meeting, and make a good summary of the meeting, and distribute the relevant units within __ days after the meeting.
7. Submit the funding basis to the handling bank, and apply for funding and settlement on time.
8. Participate in the month-end acceptance, intermediate acceptance, and concealed project acceptance of the project on time, and be responsible for the completion and acceptance of the organization project. In accordance with the relevant provisions of the state and the industry, timely pay the project price, apply for visas and complete settlement.
9. Appointment of _____ comrades as the representative of the construction site of Party A, supervising and inspecting the progress, quality and performance of the contract, responsible for visas and accepting various statements and negotiating other related matters, and timely solving the problems that should be solved by Party A.
For the supervision project, Party A entrusts the chief engineer to act on behalf of Party A. Party A's representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance, and then continue to abide by the predecessor's rights and obligations as stipulated in the contract.
Second, Party B’s responsibility
1. Responsible for the laying, management, use and maintenance of temporary roads, temporary facilities, sinking facilities, and water and electricity pipelines within the construction area.
2. Prepare the construction organization design and do all the construction preparation work.
3. Carry out civilized construction in strict accordance with the construction drawing instructions, meet the requirements of “environmental protection”, ensure the quality of the project, and complete and deliver as scheduled according to the time specified in the contract.
4. Promptly submit to Party A the concealed project acceptance notice, completion acceptance report, and submit the month-end acceptance and intermediate acceptance plan to Party A; provide monthly construction work plan, material equipment, finished semi-finished products and other entry plans, monthly construction statistics, Engineering accident report, etc.
5. After the completion of the project, the site will be cleaned up in time to ensure that the work is completed. Submit complete completion acceptance data within the stipulated time, complete the completion acceptance procedures and submit the final accounts of the project completion.
6. The completed houses, structures and installed equipment shall be kept in custody on the date of transfer agreed upon by both parties.
7. When building a well with permanent buildings and equipment, it is responsible for the repair and maintenance of buildings and equipment to ensure the quality of the building installation works when the mine is handed over. The maintenance and repair costs incurred in the use of permanent buildings and equipment shall be borne by Party B.
8. The ___ comrade is appointed as the representative of Party B, responsible for the management of the construction site and the contact work with Party A.
Article 3 Project Term
First, the total construction period is ___ days, starting from ____ years __ __ _ day, to _ _ _ _ _ _ _ day completion acceptance
2. Party A failed to complete the “four links and one leveling” as agreed, the drawings were not fully supplied, the materials, equipment and projects were not timely disbursed, and the non-compliance caused by non-compliance, such as force majeure and external relations, was suspended and stopped. After the work, after the visa of Party A, the construction period will be postponed.
3. The construction period will not be postponed due to the poor construction management of Party B or the rework of the project quality caused by the responsibility of Party B, and the handling of accidents.
Fourth, in advance or delayed delivery, every day according to the project cost of 10,000 points in advance of the completion of work or bear the liquidated damages.
Article 4 Project Quality and Acceptance
1. Party B must carry out construction in accordance with the construction drawings, instructions and relevant national codes, regulations and standards, and accept the supervision of Party A and project supervisors.
Second, Party A proposes the quality level required by the engineering of the roadway, civil engineering, installation and other units. Engineering quality standards are tested in accordance with national or industry engineering quality standards.
3. The “Chuangyou” project required by Party A shall, after completion of the project, meet the quality project through quality acceptance, and Party A shall pay the quality project increase fee at __% of the project cost.
4. Party B must abide by the following regulations during construction.
1. The main materials, equipment, finished products and semi-finished products must be tested and re-examined according to the relevant regulations. The materials must be approved or replaced by the original design unit and Party A.
2. If Party B has a quality accident during construction, it shall promptly report Party A and the supervision engineer and the project quality supervision station. Major quality accident handling plans shall be jointly studied by the higher authorities, design units, quality supervision stations, and Party A, and shall be implemented after the visas of Party A and the design unit. The expenses incurred as a result of this shall be borne by Party B and the construction period shall not be postponed.
V. Project acceptance
1. End of month acceptance and intermediate acceptance. The relevant units of Party A and Party B shall organize monthly acceptance and intermediate acceptance. After acceptance, all parties shall sign the acceptance certificate.
2. Concealed project acceptance. Party B must guarantee the quality of the concealed works. Party B shall notify Party A or the supervision unit to participate in the inspection in writing __ days before the project is concealed. After confirming the project, both parties shall sign the project acceptance certificate. If Party A cannot send the person to participate in the inspection as scheduled, Party B may check and accept it by itself and make a covert Party acceptance records shall be recognized by Party A. If Party A proposes re-inspection after project concealment, Party B shall agree, re-qualification, and the construction period shall be postponed accordingly, and the expenses shall be borne by Party A; if the re-inspection is unqualified, the expenses shall be borne by Party B, and the construction period shall not be postponed. If Party B fails to notify Party A and accepts the concealed project itself, Party A shall submit a re-inspection. Whether it is qualified or not, the expenses shall be borne by Party B and the construction period shall not be postponed.
3. Completion acceptance. Party B shall submit a completion report and related drawings and materials to Party A ___ days before the completion of the unit project, and Party A shall organize the relevant units to complete the acceptance within __ days. Pass the acceptance, sign the acceptance certificate, and carry out the unit project quality rating and certification. If the acceptance is unqualified, the responsibility shall be clarified, and the rectification shall be carried out within a time limit until the eligibility criteria are met. The expenses and construction period shall be the responsibility of the responsible party.
4. After the completion of the acceptance, Party B shall, in accordance with the relevant regulations, prepare a complete ___ share of the Ministry of Construction and hand it over to Party A.
6. Engineering insurance. Party B shall be responsible for the warranty in accordance with the relevant national and industry regulations. The warranty period is: civil engineering __ years; installation engineering __ years; the lane engineering does not implement the warranty.
Article 5 Supply, Acceptance and Spread Processing of Building Materials and Equipment
1. The quantity of the following materials and equipment supplied by Party A.
2. Other materials and equipment other than the supply of Party A shall be purchased by Party B.
3. The materials and equipment supplied by either party shall be supplied on time, by quality and quantity according to the contract, and must be accompanied by a product certificate or quality inspection certificate before being used in the project. Any party believes that the materials provided by the other party need to be re-inspected. Re-inspection should be allowed. If the re-inspection meets the quality requirements, it can be used in the project. The re-inspection fee shall be borne by the re-inspector; if it does not meet the quality requirements, it shall not be used in the construction of the project, and shall be away from the construction site at the specified time. Materials and equipment suppliers bear.
4. The material supplier shall be responsible for the losses caused by the unqualified quality of the materials.
5. According to the needs of the project, Party B may use the substitute materials on behalf of Party A. When Party A uses it for reasons of Party A, Party A shall bear the economic expenses incurred. If Party B uses it for reasons, Party B shall bear the expenses.
6. When the supply of materials and equipment is not timely, the stoppage and work loss shall be borne by the responsible party.
7. The price difference of the project materials shall be calculated in accordance with the relevant provisions of the _________ text "Measures for the adjustment of the cost of coal construction and installation engineering construction cost".
Article 6 Payment and settlement of project price
The payment and settlement of the project price shall be carried out in accordance with the relevant provisions on the settlement of capital construction projects formulated by the State.
1. Within ____ days after the signing of this contract, Party A shall pay ___% of the total contract price for the payment of RMB ____ million. Payment of temporary facilities fees ___ million yuan; drilling measures ___ million yuan.
2. Party A must pay the progress payment according to the verified progress of the project within ___ days after receiving the monthly progress report of Party B. When the progress payment of the project reaches ____% of the total contract price, the materials will be gradually deducted according to the prescribed ratio.
3. When the payment of the project price reaches 95% of the total contract price after adjustment, the payment will not be made according to the progress. After the completion of the inspection and acceptance, the quality of the project will still be qualified after the expiration of the warranty period, and the unpaid project payment will be paid to Party B together with the interest. The completion of the work and acceptance of the roadway engineering will be settled once.
4. The settlement basis of the project price, in addition to the project pricing basis, should also have:
1. Construction organization design or plan;
2. Design change file;
3. Visa for concealed works, engineering changes, rock hardness changes, material substitution, etc.;
4. Measured data of well water inflow in the well and measured data of geological conditions;
5. Spread adjustment data;
6. Other correspondence documents or visas related to the increase in construction cost.
5. When both parties agree on the adjustments to the quotas, cost standards, labor, materials, equipment prices, etc. prescribed by the relevant provincial government or the authorized department in the project, the contract price shall be adjusted accordingly.
6. If Party A delays payment of the project progress payment or the final payment, Party B shall pay Party B a late payment fee of __10,000 yuan per day for the deferred payment amount.
7. It is true that Party A shall delay the payment of the construction cost and the purchase price difference to affect the progress of the project, and Party B shall be responsible for the suspension of work and other losses.
8. The settlement method of the price of this contract is: _____________.
9. Party B shall, within ____ days after the completion of all projects, submit the completed settlement file to Party A and the handling bank for review, and Party B shall be responsible for interpreting the questions in the review. Party A shall complete the review within ____ days after receiving the file. If no written objection is filed at the expiration date, Party B may request the approved bank to approve the appropriation.
Article 7 Construction and Design Changes
1. The design drawings, specifications and relevant technical materials provided by Party A shall serve as an effective basis for the construction. Before the commencement of construction, Party A shall organize the design and the third party to review and make the minutes of the meeting. As a supplementary basis for the construction, both parties shall not arbitrarily modify it. .
2. If any design is found to be wrong or unreasonable during construction, both parties shall promptly notify the other party in writing, and Party A shall promptly cooperate with the design and other relevant units to study and determine the modification opinions or change the design. Party B shall construct according to the modified or changed design. . The increase or decrease of expenses due to design modification or change shall be borne by Party A, and the contract price shall be adjusted, and the construction period shall be adjusted accordingly.
3. Party B proposes to rationalize the design and modification process under the premise of ensuring the quality of the project and not lowering the design standards. After the design or review by the relevant technical department, Party A adopts and implements it with the consent, and the value of the savings is allocated according to the state regulations. .
4. If Party A needs to modify or change the design, Party B must make a formal notice of change or modify the drawings, and Party B will implement it. When major revisions or increase in cost are incurred, they must be negotiated separately. Party B will only implement the investment implementation certificate and the technical data design drawings.
5. If any obstacles such as monuments and cultural relics buried in the ground are found during construction, Party B shall immediately notify Party A, and Party A shall report to the cultural relics management authority for handling and immediately take remedial measures. Party A shall be responsible for the increase and decrease of the engineering quantity and expenses, and adjust the construction period accordingly.
Article 8 Project Supervision
In the construction project that implements engineering supervision, it is necessary to conscientiously implement the “Coal Engineering Construction Supervision Regulations” issued by the Ministry of Coal in accordance with the text of Coal-based Word [1996] No. 254. Party A shall officially notify Party B of the list of supervisory units and directors, and the supervision duties. The scope of supervision. The supervision unit shall notify Party B of the list of supervision engineers and engage in professional work. Party B shall cooperate with the supervision unit to supervise and manage the construction project. Party A, Party B and the supervision unit shall establish effective communication channels and exchange information in accordance with the prescribed methods.
Article 9 Liability for breach of contract
Party B’s liability for breach of contract
1. If the quality of the project does not meet the requirements of the contract, it shall be responsible for repair or rework. Overdue liquidated damages due to overdue delivery due to repair or rework.
2. Party B shall repay the overdue liquidated damages due to the failure of Party B to cause the project to be delivered and used within the time specified in the contract.
3. If there is a quality problem during the warranty period, Party B shall repair it within ____ days after receiving the notice from Party A. Otherwise, Party A has the right to request the construction unit to carry out the repair, and the repair expenses incurred shall be borne by Party B.
Party A’s liability for breach of contract
1. Failure to perform its own obligations in accordance with the provisions of the contract. In addition to the delay in completion date, the contractor shall be compensated for the actual losses caused.
2. If the project is suspended or slowed down during construction, or due to design changes and design errors, rework should be taken to compensate or reduce losses, and the actual losses caused by Party B should be compensated.
3. The project shall not be accepted, and Party A shall use it in advance or use it without authorization. Party A shall be responsible for the quality or other problems arising therefrom.
Article 10 Dispute Resolution
In the event of a dispute arising from the performance of this contract, the parties shall resolve the matter in a timely manner. If the negotiation fails, the competent department of the Ministry of Coal may apply for mediation. If the coordination fails or the mediation fails to reach an agreement, the parties agree to be arbitrated by the ____ Arbitration Commission.
Article 11 Construction Safety
Party B shall carry out safe construction in accordance with coal mine safety regulations and relevant regulations, and bear the responsibility and expenses incurred due to the ineffectiveness of its own safety measures. The major casualties shall be reported to the relevant departments immediately and notified to Party A representatives. The responsible party shall bear the responsibility and related expenses for the casualties caused by the non-Party B responsibility.
Article 12 Supplementary Provisions
1. This contract is a __ share, both parties shall hold one copy of each, and the copy shall be submitted by Party A to the handling bank, local industrial and commercial administration, coal area regional engineering cost management station, quality supervision station, supervision unit and construction supervisor. The department has filed the record. The contract for which the supervision must be carried out according to the regulations shall be sent to the industrial and commercial and notarization departments where the project is located for the procedures for supervision and certification.
2. This contract shall be signed by the representatives of both parties and shall be effective if the official seal or special seal of the contract is affixed. If it is necessary to apply for attestation, it shall take effect from the date of certification; the completion acceptance of the project shall meet the requirements, and the project shall be terminated after the settlement of the project.
3. After the signing of this contract, if it is necessary to amend and supplement, after the two parties reach a consensus, a supplementary agreement may be signed as an integral part of this contract.
Article 13 Supplementary Provisions
..........................................................................................
..........................................................................................
person A person B:
Unit address: unit address:
Legal representative: Legal representative:
Agent: Agent:
Bank of deposit: Bank of deposit:
Account number: Account number:
Phone: Phone:
Electric hanging: electric hanging:
Postal code: Postal code:
Schedule 1-1:
Coal Mine Lane Project List
─┬──┬───────┬───┬───┬─────┬───┬──┬──
Preface │ Engineering │ Section │ Coal Rock │ Support │ Quantity │ Engineering │ Start │ Completion
│Name ├───┬───┤Category│ Form ├──┬──┤价 ││
││ │ Section │ │ │││ ││
─┼─┼───┼───┼───┼───┼──┼──┼───┼──┼──
││ │ │ │ │││ ││
─┴─┴───┴───┴───┴───┴──┴──┴───┴──┴──
Schedule 1-2:
Coal construction and installation project list
───┬────┬─────┬────────┬───┬────┬────
Preface │Project Name│Brief Description│ Quantity │ Project │ Start │ Completion
No. ││ ├────┬───┤ Cost │ Time │ Time
││ │ Unit │ Quantity │ ││
───┼────┼─────┼────┼───┼───┼────┼────
││ ││ │ ││
───┴────┴─────┴────┴───┴───┴────┴────
Schedule 2:
Party A is responsible for supplying equipment and materials
───┬───────┬───┬───┬──┬─────┬────┬───
No. │ Equipment or Material Name │ Specifications │ Unit │ Quantity │ Delivery Location │ Date of arrival │ Remarks
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┼───────┼───┼───┼──┼─────┼────┼───
│ │ │ ││ ││
───┴───────┴───┴───┴──┴─────┴────┴───
Schedule 3:
Party A requires the unit project to reach the quality level
┌──┬─────┬─────┬─────┬─────────┬───┐
│No.│ Project No. │ Project Name │ Brief Feature │ Requires Quality Level │Remarks│
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
├──┼─────┼─────┼─────┼─────────┼───┤
││ │ │ │ │ │ │
└──┴─────┴─────┴─────┴─────────┴───┘
Instructions for completing the relevant provisions of the contract for the construction of coal mine construction projects
Cover
1. Project Name: refers to the title of the project to be constructed by both parties to the contract. Generally, it is filled in according to the total estimated production process, such as the main and auxiliary wellbore and related diverticulum; the bottom hole yard and diversion room; the ground production system.
2. Project category: fill in three types of projects: well, lane, civil engineering and installation.
3. Contractor: refers to the construction unit that invests in the construction of mines, and must fill in the full name of the unit.
4. Contractor: refers to the construction unit that undertakes the construction of the mine, and must fill in the full name of the unit.
5. Signing time: When the parties agree to the terms of the contract, the time of signing and stamping the two parties must be clearly filled out, and must not be abbreviated or abbreviated.
6. Place of signing: The location where the nails and the two parties sign the contract in the case of agreement, the details of the province, city and county should be clearly filled out.
First project
1. Project Name: The filling method is the same as the cover project name.
2. Project location: refers to the construction site of the project. The specific locations of the provinces, cities and counties where the project is located should be clearly marked.
3. Source of funds, fill in the financing channels for construction funds, such as development bank loans; fund raising; joint ventures; self-raising.
4. The scope of contracting and the content of the project shall be filled in accordance with the requirements of the attached table to fill in the engineering and technical characteristics according to the unit project; the quantity of the project; the cost of contracting, the time of completion and so on.
5. Contract price
The total contract price refers to the engineering content of the agreement reached by both parties and the engineering price of the contracted scope.
Project price: For the bidding project, the bidding price determined at the time of winning the bid shall prevail; the construction drawing budget plus on-site visa contracting shall be based on the approved construction drawing budget price, and the on-site visa part shall be adjusted at the time of settlement; If the coefficient is contracted, the construction drawing budget plus the dry-coefficient cost shall prevail, and the contracted Party A visa portion shall be adjusted at the time of settlement; the construction drawing budget plus the risk factor shall be contracted once, and the construction plan budget plus the risk factor shall be used for the cost. The content of the risk factor should include the basic reserve fee and the project cost adjustment reserve.
For the pricing basis of the contract price, the calculation basis of the contract price must be clearly filled out, such as the quota, indicator, the year of issue of the cost standard, the document number; the labor, material price preparation time and regional price.
Article 3 Project Term
The term of the project refers to the time all the engineering content of the construction project from the start of construction to the completion of the construction contract, and the time elapsed to meet the completion acceptance criteria.
When both parties agree to agree on the construction period, they shall be determined according to the construction period of the bidding documents of Party B or by the fixed amount of the relevant construction period.
Article 4 Project Quality and Acceptance
Intermediate acceptance. Refers to the acceptance of part of the project quality and quantity due to the need for intermediate settlement during the construction process. The unit project for cross-year construction also includes the annual acceptance before completion.
Article 6 Payment and settlement of project price
There are generally five ways to settle the settlement method of the project price:
1. The bid price is added to the on-site visa settlement. When using this settlement method, the scope of the on-site visa should be specified in the contract;
2. The construction drawing budget plus all the visa settlements of Party A;
3. The construction drawing budget plus the dry-coefficient settlement, in this way, the two parties jointly agree on the drying factor and the scope of the package;
4. The construction drawing budget plus the risk factor is packaged at one time and no adjustment is made. This method is only applicable to the project from the price year to the completion of the contract price within two years or within one year.
5. According to the bid price, the bidding price will be used once, and no adjustment will be made. The condition of this settlement method is the same as the construction drawing budget plus the risk factor settlement method.
Article 13 Supplementary provisions include:
1. The professional terms that need to be supplemented due to different nature of the project are:
1. Lane engineering
Water inflow: Both Party A and Party B must measure the amount of water in the wells according to the regulations. According to the time agreed by both parties, make a record of the actual measurement. The two parties will approve the visa and adjust the drainage cost accordingly to settle the project price. If one party fails to participate on time, Party B may make its own measurements and make a record. The absent party shall acknowledge the measured results.
Rock hardness change: When the rock hardness changes during construction, both parties should sample at the agreed time, do comparative analysis, and timely adjust the change of rock hardness to the engineering cost change.
Construction encounters geological structure: When a large geological structure is encountered during construction, both parties shall observe and record in time according to the agreed degree of structural change, and jointly formulate a treatment plan. Party B shall make a complete construction record and Party A shall verify the payment.
When serious damage or damage occurs after the completion of the acceptance of the well, the quality supervision department and the superior competent department inspect and determine that due to the construction quality, Party B is unconditionally responsible for rework, and all expenses are borne by Party B; deformation and damage are due to formation pressure. Or the cost of the treatment project caused by other geological factors shall be borne by Party A. If Party B cannot undertake the work due to technical reasons, Party A may request the construction team to handle it.
2. Installation work
The equipment supplied by either party shall be difficult to record by the on-site inspection and acceptance by both parties before delivery. In the event of missing or damaged equipment, the supplier is responsible for the settlement and bear the costs. The random accessories, special tools and technical materials of the equipment shall be kept by Party A, and Party B shall borrow from Party A when necessary. Metal containers, non-standard equipment, metal structural parts, etc., when Party A entrusts Party B to process, it shall sign a processing agreement.
Party A shall be responsible for the organization of equipment foundation acceptance and inspection of pre-buried spare parts for civil and mining construction. Party B shall assign special personnel to cooperate with the basic acceptance and inspection of the reserved parts before the installation project starts.
The test, the single and partial trial operation of the pipeline project, and the single-machine no-load test run of the equipment installation project shall be organized by Party B. The joint load-free test run of the pipeline test load test, power and communication engineering test power transmission, test pass and equipment installation project shall be organized by Party A. The test vehicle informs the other party 48 hours before, and prepares according to the agreed division of labor. Party B will make a test run record and pass the test drive. Both parties will sign the test record before they can complete the acceptance check.
If the test is not up to the acceptance requirements due to equipment manufacturing, the purchaser of the equipment shall be responsible for re-purchase or repair, and the expenses for re-purchase, repair, dismantling and re-installation shall be borne by the responsible party.
If the test fails to meet the acceptance requirements due to construction reasons, the representative of Party A shall propose the modification within 24 hours after the test, and Party B shall re-test the vehicle after modification, and the expenses incurred shall be borne by Party B, and the construction period shall not be postponed.
2. Relevant standards, norms and procedures for the country or industry agreed upon by Party A and Party B.
3. Other terms agreed by Party A and Party B to be supplemented.
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