Contract conditions for construction of water conservancy and hydropower civil engineering
Contract conditions for construction of water conservancy and hydropower civil engineering
The first part of the general contract terms
First, the meaning of words
1. Word meaning
Unless otherwise required by the context, the following words in the contract shall have the meaning given in this section:
1.1 Words relating to the parties to the contract and the supervisory unit
Employer: Refers to the party stated in the terms of the special contract and the legal heir who obtained the qualification of the party.
Contractor: means the party that has been awarded by the Employer and has formally signed the Agreement with the Employer and the legal heir who obtained the eligibility of the party.
Subcontractor: Refers to the party that subcontracts a part of the project from the contractor in this contract.
Supervisor: Refers to the party appointed by the Employer to supervise the contract as stated in the terms of the special contract.
1.2 Words relating to the contractual composition file
Contract: All files signed by the Employer and the Contractor to be included in Article 3 of this Contract for the completion of the work specified in this contract and other files explicitly included in the Agreement.
Technical Terms: Refers to the technical terms of this contract and any modifications or supplements to the technical terms made or approved by the Supervising Authority.
Drawings: Refers to the tender drawings and all drawings provided by the Employer to the Contractor in accordance with the contract, as well as the tender drawings and all drawings submitted by the Contractor and approved by the Supervising Authority.
Construction drawings: refers to the drawings directly used for construction and lofting in the drawings specified in the above-mentioned items, which are provided by the contractor or submitted by the contractor and approved by the supervision unit.
Tender: Refers to the bidding quotation submitted by the contractor to the Employer and accepted by the Employer, the list of the quantity of the project that has been priced, and the other documents confirmed by the escrow agent to enter the contract.
Notice of winning the bid: refers to the notice that the contractor officially awarded the contract to the contractor.
1.3 Words related to engineering and equipment
Works: Refers to permanent works and temporary works.
Permanent works: refers to the works that should be built in accordance with the provisions of this contract and handed over to the Employer.
Temporary works: refers to the various types of non-permanent works required to complete the various tasks specified in this contract.
Main works: Refers to the main works in all permanent works stated in the special contract terms.
Unit Project: Refers to the unit project stated in the special contract terms.
Engineering equipment: refers to electromechanical equipment, metal structural equipment, instrumentation and other similar equipment and devices that constitute or plan to form part of a permanent project.
Construction Equipment: All equipment, equipment and other items not included in the construction and materials required for the completion of the work specified in this contract.
Contractor equipment: refers to the construction equipment of the contractor.
Entry point: means that the contractor enters the construction site after receiving the notice of commencement of work.
1.4 Words related to the duration
Notice of commencement of work: means the letter from the issuing party entrusting the supervisory unit to notify the contractor to start work.
Start date: Refers to the start date stated in the notice of commencement of work.
Completion date: refers to the completion date of all the works, unit projects or part of the projects specified in this contract and the completion certificate after passing the acceptance check.
1.5 Words relating to contract prices and fees
Contract price: refers to the total amount due to the contractor as stated in the agreement for the completion of the work specified in the contract.
Cost: means all expenses incurred in the implementation of this contract, including management fees and other expenses that should be apportioned, excluding profits.
1.6 Other words
Construction site: refers to the site provided by the contractor for the project of this contract and other sites designated as part of the construction site in the contract.
Written form: Any letter handwritten, printed or printed, including telex, telegram, fax and e-mail.
Day: Refers to the calendar day.
Second, the contract file
2. Language and law
2.1 Language text
The language used in this contract is Chinese.
2.2 Laws, regulations and rules
The laws, regulations and rules applicable to this contract are the laws, administrative regulations of the People's Republic of China, and the local laws and regulations of the provinces, autonomous regions and municipalities directly under the Central Government where the regulations of the relevant departments of the State Council and the projects are located.
3. Contract file priority
The files that make up the contract should be able to explain each other and explain each other. When the contract file is ambiguous or inconsistent, the supervisory unit makes an explanation or amendment. Unless otherwise specified in the contract, the order of interpretation of the contract file is as follows:
Agreement
Notice of winning the bid;
Bidding quotation
Special contract terms;
General contract terms;
Technical terms;
drawing;
a list of engineering quantities that have been priced;
Other files that make up the contract.
Third, the general obligations and responsibilities of both parties
4. General obligations and responsibilities of the Employer
4.1 Compliance with laws, regulations and regulations
The Employer shall abide by the laws, regulations and rules relating to this Agreement in its work to implement this Agreement and shall be responsible for its own violation of the above laws, regulations and rules.
4.2 Release notice of commencement of work
The Employer shall entrust the Supervising Unit to issue a notice of commencement to the Contractor on the date specified in the contract.
4.3 Arranging the supervision unit to implement the supervision in time
The Employer shall arrange for the Supervising Unit to enter the construction site to carry out supervision work in time before the commencement of the notice of commencement of work.
4.4 Provide construction land
The Employer shall, in accordance with the scope and time limit of the contractor's land use as stipulated in the terms of the special contract, clear the land acquisition and resettlement within the scope of the construction land and provide the construction land to the contractor on time.
4.5 Provide some construction preparation works
The Employer shall complete the construction preparation work to be undertaken by the Employer in accordance with the relevant provisions of the Technical Provisions and provide the Contractor with the time limit stipulated in the contract.
4.6 Handover measurement basis
The Employer shall entrust the Supervising Unit to transfer the on-site measurement reference points and related materials to the Contractor in accordance with the relevant provisions of Article 27.1 and the Technical Terms.
4.7 Insurance
The Employer shall be responsible for handling the insurance insured by the Employer in accordance with the contract.
4.8 Provide existing hydrological and geological exploration data
The Employer shall provide the Contractor with the existing hydrological and geological exploration materials related to this Contract Project, but shall only be responsible for the hydrological and geological exploration data included in the Contract File, and shall not analyze, judge and infer the use of the above materials by the Contractor. Be responsible for.
4.9 Provide drawings in time
The Employer shall entrust the Supervising Unit to provide the Contractor with the drawings to be provided by the Employer within the time limit stipulated in the Contract.
4.10 Payment of the contract price
The Employer shall pay the contract price in accordance with Articles 33, 35 and 36.
4.11 Civilized construction of unified management engineering
The contractor shall be responsible for the unified management of the civilized construction of the project in accordance with the relevant provisions of the State, and create the necessary conditions for the contractor to achieve the goal of civilized construction.
4.12 Security and construction safety
The Employer shall perform its duties of public security and construction safety in accordance with the relevant provisions of Article 29.
4.13 Environmental Protection
The Employer shall uniformly plan the environmental protection work of the Project in accordance with the relevant provisions of the laws, regulations and rules on environmental protection, and shall be responsible for reviewing the environmental protection measures adopted by the Contractor in accordance with Article 30 and supervising its implementation.
4.14 Tissue Engineering Acceptance
The Employer shall preside over and organize the completion acceptance of the Project in accordance with the provisions of Article 52.
4.15 Other general obligations and responsibilities
The Employer shall bear other general obligations and responsibilities as specified in the terms of the Special Contract.
5. General obligations and responsibilities of the contractor
5.1 Compliance with laws, regulations and regulations
The Contractor shall abide by the laws, regulations and rules relating to this Contract Project in its various tasks and ensure that the Employer is exempt from any liability for breach of the above laws, regulations and rules by the Contractor.
5.2 Submission of performance bond guarantee
The Contractor shall submit the performance bond guarantee to the Employer in accordance with the provisions of Article 6.
5.3 Timely construction
The contractor shall dispatch personnel and deploy construction equipment and materials into the construction site in time after receiving the notice of commencement of construction, and complete the construction preparation work according to the construction schedule.
5.4 Execute the instructions of the supervision unit and complete the contracting work on time
The contractor shall conscientiously carry out any instructions issued by the supervision unit relating to the contract and complete all contracting work according to the content and time specified in the contract. Except as otherwise provided in the contract, the Contractor shall provide the labor, materials, construction facilities, engineering equipment and other items required to complete the work of this contract.
5.5 Submit construction organization design, construction plan and part of construction drawings
The contractor shall prepare the construction organization design, construction plan and the construction drawings responsible for the contractor to submit to the supervision unit for approval according to the content and time requirements stipulated in the contract, and shall be fully responsible for the completeness and reliability of the on-site operation and construction methods.
5.6 Insurance
The contractor shall be responsible for handling the insurance insured by the contractor in accordance with the contract.
5.7 Civilized construction
The contractor shall construct the civilized construction in accordance with the relevant provisions of the State, and shall propose the civilized construction measures plan for the whole construction process in the design of the construction organization.
5.8 Guarantee project quality
The contractor shall complete the work in strict accordance with the quality requirements specified in the technical provisions.
5.9 Guarantee the safety of construction and personnel
The Contractor shall take construction safety measures in accordance with the relevant provisions of Article 29 to ensure the safety of the Works and the personnel, materials, facilities and equipment under its jurisdiction, and shall take effective measures to prevent damage to the lives and property of buildings and residents near the site. .
5.10 Environmental Protection
The Contractor shall abide by the laws, regulations and rules of environmental protection and shall take necessary measures to protect the site and its surrounding environment from environmental damage caused by pollution, noise and other factors caused by its construction in accordance with Article 30. As well as personal injury and property damage.
5.11 Avoid construction damage to the public interest
The Contractor shall protect the property and interests of the Employer and others and the rights to use public roads, water sources and public facilities from damage during the work specified in this contract.
5.12 Providing convenience to others
The Contractor shall provide the necessary conditions for other persons to perform other work related to the Project locally or nearby in accordance with the instructions of the Supervising Authority. Unless otherwise stipulated in the contract, the content and expenses of the conditions for the provision shall be signed separately under the coordination of the supervision unit. If the agreement is not reached, the supervisory unit will make a decision and the parties concerned will follow it.
5.13 Engineering Maintenance and Warranty
Before the project is transferred to the contractor, the contractor shall be responsible for management and maintenance; after the handover, the contractor shall bear the defect repair work during the warranty period. If the project transfer certificate is issued and some of the unfinished projects need to be completed within the warranty period, the contractor shall also be responsible for the management and maintenance of the unfinished project until it is handed over to the contractor after completion.
5.14 Completion of clearance and evacuation
The contractor shall complete the site cleaning and retreat personnel, equipment and surplus materials as scheduled within the time limit stipulated in the contract.
5.15 Other general obligations and responsibilities
The Contractor shall bear other general obligations and responsibilities as specified in the terms of the Special Contract.
Fourth, performance guarantee
6. Performance guarantee
6.1 Performance bond guarantee
The Contractor shall submit to the Employer, before the formal signing of the Agreement, a performance bond issued by the bank or other financial institution agreed by the Employer or a warranted by the Contracting Party in accordance with the amount stipulated in the contractual stipulations and the terms of the special contract. A performance guarantee issued by the company. The cost of obtaining the documents shall be borne by the contractor.
6.2 Validity period of the performance bond guarantee
The Contractor shall ensure that the performance bond or performance bond is valid until the issuer issues the Warranty Responsibility Termination Certificate, and the Employer shall return the above documents to the Contractor within 14 days after the issuance of the Warranty Responsibility Certificate.
5. Supervising unit and supervisor
7. Supervising unit and supervisor
7.1 Duties and powers of the supervision unit
The supervision unit shall perform the duties stipulated in this contract;
The supervisory unit may exercise the powers stipulated in the contract and implied in the contract, but if the contractor requires the supervisory unit to obtain approval from the contractor before exercising some power, it shall be specified in the terms of the special contract, otherwise the supervisory unit shall exercise this Such power shall be deemed to have been approved in advance by the Employer;
Except as otherwise provided in the contract, the supervising unit has no right to waive the responsibilities and rights of the contractor or the contractor as specified in the contract.
7.2 Chief Engineer
The chief management engineer is the responsible person in charge of the supervision unit's duties at the construction site. The Employer shall notify the Contractor of the appointment of the Superintendent prior to the commencement of the commencement of work notice, and the Employer shall promptly notify the Contractor of the Contractor. When the director leaves the site shortly, he shall appoint a representative to act on his behalf and notify the contractor.
7.3 Supervisor
The director may assign supervisors to perform certain tasks in the supervision, and the director shall notify the contractor of the names, responsibilities and areas of authorization of such personnel. Their instructions for the above purposes are deemed to have been approved by the Commissioner.
7.4 Instructions from the supervision unit
The instructions of the supervision unit shall be signed by the official seal of the on-site organization authorized by the supervision unit and the supervisor or the supervisor authorized by the above-mentioned paragraph 7.3.
The contractor shall comply with the instructions of the supervision unit immediately. If the contractor disagrees with the instructions of the supervision unit, it shall still comply with the implementation, but may submit written opinions to the supervision unit. After the research unit has studied, it may make a decision to modify the instructions or continue to execute the original instructions, and notify the contractor. If the supervising unit decides to continue to execute the original instructions, the contractor shall still comply with the execution, but the contractor has the right to request the contractual disputes in accordance with the provisions of paragraph 44.1.
In an emergency, the supervisor may issue an interim written instruction on the spot, but the supervisory unit shall reissue the formal written instructions within 48 hours after the issuance of the provisional written instructions. If the supervisory unit fails to reissue within 48 hours, the contractor may propose A written confirmation that the official written instructions have been taken as a temporary written instruction.
Except as otherwise provided in the contract, the Contractor shall only obtain instructions from the Supervising Director or the Supervisor as defined in Section 7.3 above.
7.5 The supervision unit shall perform its duties fairly
The supervisory unit shall perform its duties impartially, and shall promptly ascertain the facts when issuing instructions, expressing opinions, approving files, determining prices, and taking actions that may involve the obligations and rights of the contractor or contractor, as required by the contract. Make a fair decision after full consultation with both parties.
Letters
8. letter
8.1 Contact is subject to written communication
The notices, instructions, requirements, requests, consents, opinions, confirmations, approvals, certificates, certificates and decisions referred to by the contract mentioned or proposed by any person in the contract file are the vouchers for the liaison and performance of the contract. The written letter shall prevail and shall be served on the place agreed by both parties and the formalities for signing the receipt.
8.2 Issuance and reply of correspondence
The correspondence, notifications, instructions, requests, requests, consents, opinions, confirmations, approvals, certificates, certificates and decisions in paragraph 8.1 above shall be issued and replied in a timely manner according to the time limit stipulated in the contract, and shall not be unreasonably withheld and delayed. Otherwise, the responsible party is responsible for the consequences.
Seven, drawings
9. drawing
9.1 Bidding drawings and tender drawings
The bidding drawings and their supplementary notices included in the contract are only used as the contractor's bid quotation and the basis for measuring the change in the performance of the contract, and cannot be directly used for construction stakeout.
The bidding drawings and their supplementary materials included in the contract are only used as the basis for the bidder to select the winning bidder and to check whether the contractor has constructed according to the bidding content during the performance of the contract, and cannot be directly used for construction stakeout.
9.2 Construction drawings
According to the contract, the construction drawings entrusted by the contractor to the contractor shall include the structural drawings, figure drawings and reinforcement maps of the engineering buildings, as well as the detailed design drawings, pouring plans and processing drawings that the contractor is responsible for. Submitted to the contractor in accordance with the time limit and quantity specified in the technical terms. Due to the failure of the Employer to submit the construction drawings on time, the delay of construction period shall be handled in accordance with the relevant provisions of Article 42; the changes in the construction drawings shall be handled in accordance with the relevant provisions of Article 39.
The construction drawings that are under the responsibility of the contractor according to the contract, including the structural drawings, figure drawings and reinforcement drawings of some engineering buildings, and the detailed design drawings, pouring plans and workshop drawings drawn by the contractor according to the construction drawings of the contractor shall be Submitted to the supervision unit for approval according to the time limit specified in the technical provisions. The supervising unit shall approve the contractor within 28 days after receiving the above drawings. The contractor shall be responsible for the delay in the construction period caused by failure to submit the construction drawings to the supervision unit on time; if the supervision unit fails to approve the contractor within 28 days, it shall be deemed that the supervision unit has agreed to carry out the construction according to the above drawings. The approval of the supervision unit shall not be exempted from the responsibility of the contractor for the construction drawings submitted by the contractor.
9.3 Design modification diagram and design modification notice
When the contractor entrusts the supervisory unit to submit the construction drawings submitted to the contractor for modification and replenishment, the supervisory unit shall issue a design modification map or design modification notice to the contractor before the construction of the project. The specific time limit shall be agreed upon by both parties. Design modification drawings and design modification notices are equivalent to construction drawings. Design changes involving changes shall be handled in accordance with the relevant provisions of Article 39.
9.4 Maintenance of drawings
Both the supervisory unit and the contractor shall maintain a complete set of drawings on the site in accordance with the contents contained in item 1.2.
9.5 Confidentiality of drawings
Without the permission of the other party, the drawings provided by the Employer and the Contractor in accordance with the contract shall not be disclosed to third parties not related to this contract, and the offender shall be liable for the consequences caused by the breach.
Eight, transfer and subcontracting
10. transfer
The Contractor shall not assign any department or any right of the contract or contract without the consent of the Employer, except in the following cases:
The contractor’s bank of deposits replaces the contractor with the amount specified in the contract.
In the event that the insurer has paid off the contractor’s losses or removed the contractor’s liability, the contractor transfers the right to obtain redress from any other responsible party to the insurer of the contractor.
11. Subcontracting
11.1 Project subcontracting should be approved
The contractor may not subcontract the entire project. Except as otherwise provided in the contract, the contractor may not subcontract any part of the project without the consent of the supervising unit. Subcontracting projects approved by the supervision unit are not allowed to be subcontracted. The Contractor shall be fully responsible for the work it has subcontracted and for any work and actions of the Subcontractor. Even if the supervising unit agrees to partial subcontracting, it cannot waive the contractor’s liability under the contract. When the supervising unit deems it necessary, the contractor shall submit a subcontract to the supervising unit. Except as otherwise provided in the contract, the following matters are not required to be approved by the contractor:
Providing services;
Procurement of materials that meet the standards set by the contract;
The subcontractor’s engineering subcontracting has been clarified in the contract.
11.2 The Employer specifies the subcontractor
When the contractor wants to designate a subcontractor according to the special circumstances of the project, the subcontracting work content and the qualification of the designated subcontractor shall be stated in the terms of the special contract. The Contractor may, at its discretion, agree or reject the designated Subcontractor. If the contractor accepts the subcontractor designated by the contractor at the time of bidding, the designated subcontractor shall be deemed to be the subcontractor employed by the contractor as the other subcontractors of the contractor, and the contractor shall sign the subcontract with it. The contract is fully responsible for its work and actions.
In the process of contract implementation, if the contractor needs to specify the subcontractor, the contractor's consent shall be obtained. At this time, the contractor shall be responsible for coordinating the signing of the subcontract between the contractor and the subcontractor. The Employer shall ensure that the Contractor does not add additional costs for such sub-item; the Contractor shall be responsible for the management and coordination of the Subcontracting Work and shall collect management fees from the designated Subcontractor; the Designated Subcontractor shall accept the Contractor’s Unified arrangements and supervision. All claims, litigation and damages related to the subcontracting work caused by the designated subcontractor shall be directly responsible to the Employer by the designated subcontractor, and the Contractor shall not be liable for this.
IX. Contractor’s personnel and their management
12. Contractor’s personnel
12.1 Contractor’s staff and workers
The Contractor shall dispatch or hire the following persons with sufficient technical qualifications and sufficient numbers to complete the work specified in the contract:
All kinds of professional technicians and general workers with qualification certificates;
All kinds of professional and technical personnel with technical theoretical knowledge and construction experience and the ability to carry out on-site construction management and guide construction work;
Managers with corresponding job qualifications.
12.2 Contractor Project Manager
The contractor's project manager is the sole proprietor of the contractor's worksite, and performs his duties in accordance with the contractor's responsibilities and rights as stipulated in the contract. The project manager of the contractor shall be responsible for organizing the successful implementation of the project in accordance with the provisions of this contract and the instructions of the supervision unit. In case of emergency and inability to contact the supervision unit, emergency measures to ensure the safety of the project and personnel life and property may be taken, and the report shall be submitted to the supervision unit 24 hours after the decision is taken.
All correspondence issued by the Contractor for the implementation of this Agreement shall be signed by the contractor’s official seal and the contractor’s project manager or his authorized representative.
The contractor shall assign the project manager to the consent of the contracting party. The project manager is easy to get the consent of the contractor. The project manager leaves the construction site in the short term and should appoint a representative to act on his behalf and notify the supervisory unit.
13. Management of contractor personnel
13.1 Arrangement of contractor personnel
Except as otherwise provided in the contract, the Contractor shall arrange and dispatch its own units and all staff and workers employed from the location of the Project or elsewhere, and provide such persons with the necessary working and living conditions and responsible for payment of honoraria.
The main management personnel and professional and technical backbones arranged by the contractor on the construction site should be relatively stable and should not be mobilized frequently.
13.2 Report to the management agency and personnel
The Contractor shall submit to the Supervising Unit a report of the Contractor’s management organization and staffing arrangements at the site within 84 days after receiving the notice of commencement, the contents of which shall include the establishment of the management organization, the qualifications of the main technical and management personnel, and the technical workers of each type of work. situation. If the supervisory unit deems it necessary, the contractor shall also submit a report on the changes of the site personnel to the supervisory unit on a regular basis in the prescribed format.
13.3 Qualification of the contractor’s personnel
Workers in technical posts and special types of work shall hold qualification certificates for passing the unified examinations or assessments by the state or relevant departments. If the supervisory unit deems it necessary, it shall also conduct post training before taking up the post, and conduct examinations and assessments of theory and operation. Those are allowed to go to work. The Contractor shall state the circumstances in which the Contractor’s personnel hold the qualification certificate for the employment in the Personnel Status Report submitted in accordance with the requirements of No. 13.2. The supervision unit has the right to inspect the qualification certificate of the contractor's personnel at any time.
13.4 The supervisory unit has the right to request the removal of the contractor’s personnel.
The contractor shall effectively manage its personnel at the site to enable it to perform its due diligence. The supervising unit has the right to request the removal of any personnel who are unable to perform their duties or misbehavior or negligence, and the contractor shall promptly replace them.
13.5 Guarantee the legal rights of contractor personnel
The contractor shall abide by the provisions of relevant laws, regulations and rules to fully protect the legitimate rights and interests of the contractor's personnel. The contractor shall:
To ensure that their personnel have the right to rest and vacation, the contractor shall arrange the working hours of its personnel in accordance with the provisions of the Labor Law. Due to the special needs of the project construction, taking up the holiday or extending the working time, the prescribed limit shall not be exceeded, and compensation or remuneration shall be paid according to the regulations.
Provide the necessary accommodation and accommodation and environmental protection and sanitation requirements for their personnel, and provide the necessary medical staff and medical facilities for injury prevention, treatment and first aid.
According to the relevant labor protection regulations, effective labor protection measures such as prevention of dust, harmful gases and safety of high temperature, high cold and high altitude work shall be taken. The personnel are injured during the construction, and the contractor shall be responsible for taking immediate and effective measures for rescue and treatment.
Endowment insurance for all persons under its jurisdiction in accordance with the relevant laws, regulations and rules.
Responsible for all aftermath of the casualties of its jurisdiction.
X. Materials and equipment
14. Provision of materials and engineering equipment
14.1 Materials and engineering equipment provided by the contractor
Except as otherwise provided in the contract, the contractor shall be responsible for the procurement, acceptance, transportation and storage of materials and engineering equipment required to complete the work of this contract.
Once the supply agreement between the contractor and the supplier has been signed, a copy should be submitted to the supervisory unit.
14.2 Engineering equipment provided by the contractor
The name, specification, quantity, delivery location and planned delivery date of the engineering equipment provided by the Employer in accordance with the contract are specified in the terms of the special contract.
The contractor shall submit a delivery date plan that meets the installation requirements of the engineering equipment to the supervisory unit for approval according to the schedule of the contract progress plan, and copy it to the contractor. After receiving the above delivery date, the supervisory unit shall negotiate with the contractor and the contractor to determine the delivery date.
When the engineering equipment provided by the contractor fails to deliver on time, the contractor shall be notified in advance and shall be handled in accordance with the provisions of No. 20.2, and the additional expenses and delays for the construction period shall be borne by the Employer.
The Contractor shall not refuse to deliver the goods within the early delivery period specified in the terms of the special contract, and shall not request any additional fees.
When the contractor requests to change the delivery date, it shall report it to the supervisory unit for approval. Otherwise, the contractor shall be responsible for the increase in the cost and the delay of the construction period due to the contractor's request for advance delivery or failure to provide the goods on time.
If the specification, quantity or quality of the engineering equipment provided by the Employer does not comply with the contract requirements or the delivery date is delayed, the additional costs and delays for the construction period shall be borne by the Employer.
15. Management of contractor materials and equipment
15.1 Contractor equipment should enter the construction site in time
The contractor's equipment as stipulated in the contract shall enter the construction site according to the contract progress and shall be put into use after being verified by the supervision unit. If the contractor needs to change the contractor equipment specified in the contract, it shall be approved by the supervision unit.
15.2 The contractor's materials and equipment are dedicated to this contract work.
All materials and equipment transported by the Contractor to the Site shall be dedicated to this Contract Project.
Except for the transfer of these materials and equipment on the construction site, the contractor shall not transport any part of the above materials and equipment out of the construction site without the consent of the supervision unit. However, the contractor is not required to go through the consent procedure for the transporter and the vehicles that pick up the goods.
After obtaining the consent of the supervision unit, the contractor may withdraw its own idle equipment according to the plans of different construction stages.
15.3 Management of old construction equipment of the contractor
The old construction equipment of the contractor must be inspected and regularly inspected according to relevant regulations before entering the construction site, and the inspection certificate should be issued by the institution with the qualification of equipment qualification or the inspection by the supervision unit before entering the construction site. The contractor shall also submit the use and maintenance records of the main equipment before the old construction equipment enters the construction site, and shall allocate sufficient spare parts to ensure the normal operation of the old construction equipment.
15.4 Construction equipment leased by the contractor
When the contractor intends to lease the construction equipment to the contractor, the model, specification, integrity and rental price of the various leased equipment shall be stated in the terms of the special contract.
The contractor may rent and lease the construction equipment of the contractor according to its own conditions. If the contractor plans to lease the construction equipment provided by the contractor, it shall submit the list of leased equipment and the lease time at the time of bidding, and include the corresponding lease fee in the quotation.
When the contractor leases construction equipment from other persons, it shall specify in the signed lease agreement that if the contractor defaults within the validity period of the agreement and the contract is terminated, the contractor or the contractor invites other contractors who contract this contract to be the same. Conditions to obtain the right to use the construction equipment.
15.5 The supervision unit has the right to request the contractor to add and replace construction equipment.
Once the supervision unit finds that the construction equipment used by the contractor affects the progress and quality of the project, it has the right to request the contractor to add and replace the construction equipment. The contractor shall increase and replace it in time, and the increased costs and delays of the construction period shall be borne by the contractor.
XI. Transportation
16. Transportation
16.1 On-site roads
The contractor shall be responsible for the maintenance, maintenance and traffic management of the on-site roads and transportation facilities submitted to the contractor in accordance with the provisions of paragraph 4.5, and shall bear all expenses.
Except for some of the on-site roads and transportation facilities provided by the Employer as described in this paragraph, the Contractor shall be responsible for the construction, maintenance, maintenance and management of all remaining on-site temporary roads and transportation facilities required for its construction, and shall bear all responsibility. cost.
Temporary roads and transportation facilities built by the contractor shall be provided free of charge to the contractor and the supervising unit; other contractors shall use the above roads and facilities in accordance with the provisions of No. 5.12.
16.2 Off-site traffic
The contractor shall bear all costs such as tolls, road maintenance fees and taxes for off-site public roads required by the contractor’s vehicles for outbound driving.
The contractor's vehicles shall be subject to the management of the local transportation department, strictly follow the limits of roads and bridges, and be subject to inspection and inspection by the traffic supervision department.
16.3 Transportation of oversized and overweight parts
In the case of items that are under the responsibility of the contractor, in case of oversized or overweight parts, the contractor shall be responsible for applying to the traffic management department. The cost of temporary reinforcement and modification of roads and bridges required for oversized or overweight parts as stipulated in the transport contract shall be borne by the contractor. If the oversized or overweight parts in actual transportation exceed the size or weight specified in the contract, the contractor and the contractor shall jointly negotiate and determine the cost of each share.
16.4 Responsibility for damage to roads and bridges
The Contractor shall be solely responsible for the damage to the public roads and bridges inside and outside the site caused by the transportation of the goods carried out by itself, and shall be responsible for paying the full cost of repairing the damage and possible claims.
16.5 Waterway transport
The contents of the preceding paragraphs of this Article shall also apply to waterway transport, where the meaning of the term “roads” shall include sluice gates, wharves, dikes or other structures related to waterways; the meaning of the term “vehicles” shall include ships, The provisions are still valid.
12. Project progress
17. Progress plan
17.1 Contract Progress Plan
The contractor shall submit the overall construction progress plan to the supervision unit for approval according to the content and time limit stipulated in the technical provisions and the instructions of the supervision unit. The supervising unit shall approve the contractor within the time limit specified in the technical provisions. The overall construction progress plan approved by the supervision unit is used as the basis for controlling the progress of the contract, and the annual, quarterly and monthly progress plans are submitted to the supervision unit. In the construction of the overall progress plan and the supervision unit's instructions to control the progress of the project.
17.2 Revision schedule
If the actual progress of the project does not match the contract progress plan mentioned in Section 17.1, the contractor shall submit a revised progress plan to the supervisory unit for approval within 28 days according to the instructions of the supervision unit. The supervising unit shall approve the contractor within 28 days after receiving the progress plan. The approved revision schedule is used as a supplement to the contract schedule.
Regardless of the cause of the delay in the construction schedule, the contractor shall take effective measures to catch up with the progress as directed by the supervision unit. The contractor shall submit a revised progress report to the supervisory unit at the same time as it submits the revised progress plan to the supervisory unit for approval. The rushing measures shall be adjusted and revised according to the premise that the project is completed on schedule. Due to the delay of the construction schedule due to the contractor's reasons, it shall be handled in accordance with the provisions of No. 20.2; due to the contractor's reasons, the construction progress will be delayed, and shall be handled in accordance with the provisions of No. 20.3.
17.3 Unit Project Progress Plan
When the supervision unit deems it necessary, the contractor shall submit the project progress plan to the supervision unit according to the content and time limit indicated by the supervision unit and according to the schedule control plan of the contract progress plan.
17.4 Submitting a Fund Flow Estimate
The Contractor shall submit a monthly flow estimate of the funds to the Supervising Authority in accordance with the provisions of Article 17.1 when submitting the overall construction progress plan to the Supervisory Unit. The estimate should include the full amount of the contract plan to be obtained from the contractor for reference by the issuer. Thereafter, if requested by the supervisory unit, the contractor shall also submit a revised estimate of the flow of funds within the time limit specified by the supervisory unit.
18. Project start and completion
18.1 Notice of commencement of work
The supervision unit shall issue a notice of commencement to the contractor within the time limit specified in the terms of the special contract. The contractor shall dispatch personnel and allocate construction equipment and materials to the construction site in time after receiving the notice of commencement of work, and prepare for construction according to the schedule plan agreed upon at the time of signing the agreement.
18.2 The contractor delayed the start of construction
The supervising unit fails to issue a notice of commencement of work according to the time limit stipulated in the contract or the contractor fails to provide the contractor with the necessary conditions for commencement of work according to the contract, and the contractor has the right to request the extension of the construction period. The supervising unit shall, after receiving the request of the contractor, immediately negotiate the remedy with the contractor and the contractor, and the additional expenses and delays for the construction period shall be borne by the contracting party.
18.3 The contractor delays the entry point
承包方在接到開工通知後１４天內未及時進點組織施工，監理單位可通知承包方立即採取有效措施趕上進度，承包方應在接到通知後的７天內向監理單位提交一份補救措施報告報送監理單位審批。補救措施報告應詳細說明不能及時進點的原因和補救辦法，由此增加的費用和工期延誤責任由承包方承擔。
１８．４ 完工日期
屬於本契約的全部工程、單位工程和部分工程的要求完工日期規定在專用契約條款中，承包方應在上述規定的完工日期內完工或在第２０．２款和２１條規定可能延後或提前的完工日期內完工。
１９．暫停施工
１９．１ 承包方暫停施工的責任
屬於下列任何一種情況引起的暫停施工，承包方不能提出增加費用和延長工期的要求：
契約中另有規定的；
由於承包方違約引起的暫停施工；
由於現場非異常惡劣氣候條件引起的正常停工；
為工程的合理施工和保證安全所必須的暫停施工；
未得到監理單位許可的承包方擅自停工；
其它由於承包方原因引起的暫停施工。
１９．２ 發包方暫停施工的責任
凡不屬於第１９．１款所列情況引起的暫停施工，均為發包方的責任，由此造成的工期延誤應按第２０．２款的規定辦理。
１９．３ 監理單位的暫停施工指示
監理單位認為有必要時，可向承包方發布暫停工程或部分工程施工的指示，承包方應按指示的要求立即暫停施工。不論由於何種原因引起的暫停施工，承包方應在暫停施工期間負責妥善保護工程和提供安全保障。
由於發包方的責任發生暫停施工的情況時，若監理單位未及時下達暫停施工指示，承包方可向其指出暫停施工的書面請求，監理單位應在接到請求後的４８小時內予以答覆，若不按期答覆，可視為承包方請求已獲同意。
１９．４ 暫停施工後的復工
工程暫停施工後，監理單位應與發包方和承包方協商採取有效措施積極消除停工因素的影響。當工程具備復工條件時，監理單位應立即向承包方發出復工通知，承包方應在收到復工通知後按監理單位指定的時間復工。若承包方無故拖延和拒絕復工，由此增加的費用和工期延誤責任由承包方承擔。
１９．５ 暫停施工持續５６天以上
若監理單位在下達暫停施工後５６天內仍末給予承包方復工通知，除了該項停工屬於第１９．１款規定的情況外，承包方可向監理單位提交書面通知，要求監理單位在收到書面通知後２８天內準許已暫停施工的工程或其中一部分工程繼續施工，監理單位逾期不予批准，則承包方有權作出以下選擇：當暫時停工僅影響契約中部分工程時，按３９．１款規定將此項停工工程視作可取消的工程，並通知監理單位；當暫時停工影響整個工程時，可視為發包方違約，應按第４２條的規定辦理。
若發生由承包方責任引起的暫停施工時，承包方在收到監理單位暫停施工指示後５６天內不積極採取措施復工造成工期延誤，則應視為承包方違約，可按第４１條的規定辦理。
２０．工期延誤
２０．１ 發包方的工期延誤
在施工過程中發生下列情況之一使關鍵項目的施工進度計畫拖後而造成工期延誤時，承包方可要求發包方延長契約規定的工期。
增加契約中任何一項的工作內容；
增加契約中任何項目的工程量超過專用契約條款第３９.１款規定的百分比；
增加額外的工程項目；
改變契約中任何一項工作的標準或性質；
本契約中涉及的由發包方責任引起的工期延誤；
異常惡劣的氣候條件；
非承包方原因造成的任何干擾或阻礙；
其它可能發生的特殊情況。
２０．２ 承包方要求延長工期的處理
若發生第２０．１款所列的事件時，承包方應立即通知發包方和監理單位，並在發出該通知的２８天內向監理單位提交一份細節報告，詳細申述發生該事件的情節和對工期的影響程度，並按１７．２款的規定修訂進度計畫和編制趕工措施報告提交監理單位審批。若發包方要求修訂的進度計畫仍應保證工程按期完工，同則應由發包方承擔由於採取趕工措施所增加的費用。
若事件的持續時間較長或事件影響工期較長，當承包方採取了趕工措施而無法實現工程按期完工時，除應按上述第項規定的程式辦理外，承包方應在事件結束後的１４天內提交一份補充細節報告，詳細申述要求延長工期的理由，並最終修訂進度計畫。此時發包方除按上述第項規定承擔趕工費用外，還應按以下第項規定的程式批准給予承包方延長工期的合理天數。
監理單位應及時調查核實上述第和項中承包方提交的細節報告和補充細節報告，並在審批修訂進度計畫的同時，與發包方和承包方協商確定延長工期的合理天數和補償費用的合理額度，並通知承包方，抄送發包方。
２０．３ 承包方的工期延誤
由於承包方原因未能按契約進度計畫完成預定工作，承包方應按第１７．２款項的規定採取趕工措施趕上進度。若採取趕工措施後仍未能按契約規定的完工日期完工，承包方除自行承擔採取趕工措施所增加的費用外，還應支付逾期完工違約金。逾期完工違約金額規定在專用契約條款中。
２１．工期提前
２１．１ 承包方提前工期
The first part of the general contract terms
First, the meaning of words
1. Word meaning
Unless otherwise required by the context, the following words in the contract shall have the meaning given in this section:
1.1 Words relating to the parties to the contract and the supervisory unit
Employer: Refers to the party stated in the terms of the special contract and the legal heir who obtained the qualification of the party.
Contractor: means the party that has been awarded by the Employer and has formally signed the Agreement with the Employer and the legal heir who obtained the eligibility of the party.
Subcontractor: Refers to the party that subcontracts a part of the project from the contractor in this contract.
Supervisor: Refers to the party appointed by the Employer to supervise the contract as stated in the terms of the special contract.
1.2 Words relating to the contractual composition file
Contract: All files signed by the Employer and the Contractor to be included in Article 3 of this Contract for the completion of the work specified in this contract and other files explicitly included in the Agreement.
Technical Terms: Refers to the technical terms of this contract and any modifications or supplements to the technical terms made or approved by the Supervising Authority.
Drawings: Refers to the tender drawings and all drawings provided by the Employer to the Contractor in accordance with the contract, as well as the tender drawings and all drawings submitted by the Contractor and approved by the Supervising Authority.
Construction drawings: refers to the drawings directly used for construction and lofting in the drawings specified in the above-mentioned items, which are provided by the contractor or submitted by the contractor and approved by the supervision unit.
Tender: Refers to the bidding quotation submitted by the contractor to the Employer and accepted by the Employer, the list of the quantity of the project that has been priced, and the other documents confirmed by the escrow agent to enter the contract.
Notice of winning the bid: refers to the notice that the contractor officially awarded the contract to the contractor.
1.3 Words related to engineering and equipment
Works: Refers to permanent works and temporary works.
Permanent works: refers to the works that should be built in accordance with the provisions of this contract and handed over to the Employer.
Temporary works: refers to the various types of non-permanent works required to complete the various tasks specified in this contract.
Main works: Refers to the main works in all permanent works stated in the special contract terms.
Unit Project: Refers to the unit project stated in the special contract terms.
Engineering equipment: refers to electromechanical equipment, metal structural equipment, instrumentation and other similar equipment and devices that constitute or plan to form part of a permanent project.
Construction Equipment: All equipment, equipment and other items not included in the construction and materials required for the completion of the work specified in this contract.
Contractor equipment: refers to the construction equipment of the contractor.
Entry point: means that the contractor enters the construction site after receiving the notice of commencement of work.
1.4 Words related to the duration
Notice of commencement of work: means the letter from the issuing party entrusting the supervisory unit to notify the contractor to start work.
Start date: Refers to the start date stated in the notice of commencement of work.
Completion date: refers to the completion date of all the works, unit projects or part of the projects specified in this contract and the completion certificate after passing the acceptance check.
1.5 Words relating to contract prices and fees
Contract price: refers to the total amount due to the contractor as stated in the agreement for the completion of the work specified in the contract.
Cost: means all expenses incurred in the implementation of this contract, including management fees and other expenses that should be apportioned, excluding profits.
1.6 Other words
Construction site: refers to the site provided by the contractor for the project of this contract and other sites designated as part of the construction site in the contract.
Written form: Any letter handwritten, printed or printed, including telex, telegram, fax and e-mail.
Day: Refers to the calendar day.
Second, the contract file
2. Language and law
2.1 Language text
The language used in this contract is Chinese.
2.2 Laws, regulations and rules
The laws, regulations and rules applicable to this contract are the laws, administrative regulations of the People's Republic of China, and the local laws and regulations of the provinces, autonomous regions and municipalities directly under the Central Government where the regulations of the relevant departments of the State Council and the projects are located.
3. Contract file priority
The files that make up the contract should be able to explain each other and explain each other. When the contract file is ambiguous or inconsistent, the supervisory unit makes an explanation or amendment. Unless otherwise specified in the contract, the order of interpretation of the contract file is as follows:
Agreement
Notice of winning the bid;
Bidding quotation
Special contract terms;
General contract terms;
Technical terms;
drawing;
a list of engineering quantities that have been priced;
Other files that make up the contract.
Third, the general obligations and responsibilities of both parties
4. General obligations and responsibilities of the Employer
4.1 Compliance with laws, regulations and regulations
The Employer shall abide by the laws, regulations and rules relating to this Agreement in its work to implement this Agreement and shall be responsible for its own violation of the above laws, regulations and rules.
4.2 Release notice of commencement of work
The Employer shall entrust the Supervising Unit to issue a notice of commencement to the Contractor on the date specified in the contract.
4.3 Arranging the supervision unit to implement the supervision in time
The Employer shall arrange for the Supervising Unit to enter the construction site to carry out supervision work in time before the commencement of the notice of commencement of work.
4.4 Provide construction land
The Employer shall, in accordance with the scope and time limit of the contractor's land use as stipulated in the terms of the special contract, clear the land acquisition and resettlement within the scope of the construction land and provide the construction land to the contractor on time.
4.5 Provide some construction preparation works
The Employer shall complete the construction preparation work to be undertaken by the Employer in accordance with the relevant provisions of the Technical Provisions and provide the Contractor with the time limit stipulated in the contract.
4.6 Handover measurement basis
The Employer shall entrust the Supervising Unit to transfer the on-site measurement reference points and related materials to the Contractor in accordance with the relevant provisions of Article 27.1 and the Technical Terms.
4.7 Insurance
The Employer shall be responsible for handling the insurance insured by the Employer in accordance with the contract.
4.8 Provide existing hydrological and geological exploration data
The Employer shall provide the Contractor with the existing hydrological and geological exploration materials related to this Contract Project, but shall only be responsible for the hydrological and geological exploration data included in the Contract File, and shall not analyze, judge and infer the use of the above materials by the Contractor. Be responsible for.
4.9 Provide drawings in time
The Employer shall entrust the Supervising Unit to provide the Contractor with the drawings to be provided by the Employer within the time limit stipulated in the Contract.
4.10 Payment of the contract price
The Employer shall pay the contract price in accordance with Articles 33, 35 and 36.
4.11 Civilized construction of unified management engineering
The contractor shall be responsible for the unified management of the civilized construction of the project in accordance with the relevant provisions of the State, and create the necessary conditions for the contractor to achieve the goal of civilized construction.
4.12 Security and construction safety
The Employer shall perform its duties of public security and construction safety in accordance with the relevant provisions of Article 29.
4.13 Environmental Protection
The Employer shall uniformly plan the environmental protection work of the Project in accordance with the relevant provisions of the laws, regulations and rules on environmental protection, and shall be responsible for reviewing the environmental protection measures adopted by the Contractor in accordance with Article 30 and supervising its implementation.
4.14 Tissue Engineering Acceptance
The Employer shall preside over and organize the completion acceptance of the Project in accordance with the provisions of Article 52.
4.15 Other general obligations and responsibilities
The Employer shall bear other general obligations and responsibilities as specified in the terms of the Special Contract.
5. General obligations and responsibilities of the contractor
5.1 Compliance with laws, regulations and regulations
The Contractor shall abide by the laws, regulations and rules relating to this Contract Project in its various tasks and ensure that the Employer is exempt from any liability for breach of the above laws, regulations and rules by the Contractor.
5.2 Submission of performance bond guarantee
The Contractor shall submit the performance bond guarantee to the Employer in accordance with the provisions of Article 6.
5.3 Timely construction
The contractor shall dispatch personnel and deploy construction equipment and materials into the construction site in time after receiving the notice of commencement of construction, and complete the construction preparation work according to the construction schedule.
5.4 Execute the instructions of the supervision unit and complete the contracting work on time
The contractor shall conscientiously carry out any instructions issued by the supervision unit relating to the contract and complete all contracting work according to the content and time specified in the contract. Except as otherwise provided in the contract, the Contractor shall provide the labor, materials, construction facilities, engineering equipment and other items required to complete the work of this contract.
5.5 Submit construction organization design, construction plan and part of construction drawings
The contractor shall prepare the construction organization design, construction plan and the construction drawings responsible for the contractor to submit to the supervision unit for approval according to the content and time requirements stipulated in the contract, and shall be fully responsible for the completeness and reliability of the on-site operation and construction methods.
5.6 Insurance
The contractor shall be responsible for handling the insurance insured by the contractor in accordance with the contract.
5.7 Civilized construction
The contractor shall construct the civilized construction in accordance with the relevant provisions of the State, and shall propose the civilized construction measures plan for the whole construction process in the design of the construction organization.
5.8 Guarantee project quality
The contractor shall complete the work in strict accordance with the quality requirements specified in the technical provisions.
5.9 Guarantee the safety of construction and personnel
The Contractor shall take construction safety measures in accordance with the relevant provisions of Article 29 to ensure the safety of the Works and the personnel, materials, facilities and equipment under its jurisdiction, and shall take effective measures to prevent damage to the lives and property of buildings and residents near the site. .
5.10 Environmental Protection
The Contractor shall abide by the laws, regulations and rules of environmental protection and shall take necessary measures to protect the site and its surrounding environment from environmental damage caused by pollution, noise and other factors caused by its construction in accordance with Article 30. As well as personal injury and property damage.
5.11 Avoid construction damage to the public interest
The Contractor shall protect the property and interests of the Employer and others and the rights to use public roads, water sources and public facilities from damage during the work specified in this contract.
5.12 Providing convenience to others
The Contractor shall provide the necessary conditions for other persons to perform other work related to the Project locally or nearby in accordance with the instructions of the Supervising Authority. Unless otherwise stipulated in the contract, the content and expenses of the conditions for the provision shall be signed separately under the coordination of the supervision unit. If the agreement is not reached, the supervisory unit will make a decision and the parties concerned will follow it.
5.13 Engineering Maintenance and Warranty
Before the project is transferred to the contractor, the contractor shall be responsible for management and maintenance; after the handover, the contractor shall bear the defect repair work during the warranty period. If the project transfer certificate is issued and some of the unfinished projects need to be completed within the warranty period, the contractor shall also be responsible for the management and maintenance of the unfinished project until it is handed over to the contractor after completion.
5.14 Completion of clearance and evacuation
The contractor shall complete the site cleaning and retreat personnel, equipment and surplus materials as scheduled within the time limit stipulated in the contract.
5.15 Other general obligations and responsibilities
The Contractor shall bear other general obligations and responsibilities as specified in the terms of the Special Contract.
Fourth, performance guarantee
6. Performance guarantee
6.1 Performance bond guarantee
The Contractor shall submit to the Employer, before the formal signing of the Agreement, a performance bond issued by the bank or other financial institution agreed by the Employer or a warranted by the Contracting Party in accordance with the amount stipulated in the contractual stipulations and the terms of the special contract. A performance guarantee issued by the company. The cost of obtaining the documents shall be borne by the contractor.
6.2 Validity period of the performance bond guarantee
The Contractor shall ensure that the performance bond or performance bond is valid until the issuer issues the Warranty Responsibility Termination Certificate, and the Employer shall return the above documents to the Contractor within 14 days after the issuance of the Warranty Responsibility Certificate.
5. Supervising unit and supervisor
7. Supervising unit and supervisor
7.1 Duties and powers of the supervision unit
The supervision unit shall perform the duties stipulated in this contract;
The supervisory unit may exercise the powers stipulated in the contract and implied in the contract, but if the contractor requires the supervisory unit to obtain approval from the contractor before exercising some power, it shall be specified in the terms of the special contract, otherwise the supervisory unit shall exercise this Such power shall be deemed to have been approved in advance by the Employer;
Except as otherwise provided in the contract, the supervising unit has no right to waive the responsibilities and rights of the contractor or the contractor as specified in the contract.
7.2 Chief Engineer
The chief management engineer is the responsible person in charge of the supervision unit's duties at the construction site. The Employer shall notify the Contractor of the appointment of the Superintendent prior to the commencement of the commencement of work notice, and the Employer shall promptly notify the Contractor of the Contractor. When the director leaves the site shortly, he shall appoint a representative to act on his behalf and notify the contractor.
7.3 Supervisor
The director may assign supervisors to perform certain tasks in the supervision, and the director shall notify the contractor of the names, responsibilities and areas of authorization of such personnel. Their instructions for the above purposes are deemed to have been approved by the Commissioner.
7.4 Instructions from the supervision unit
The instructions of the supervision unit shall be signed by the official seal of the on-site organization authorized by the supervision unit and the supervisor or the supervisor authorized by the above-mentioned paragraph 7.3.
The contractor shall comply with the instructions of the supervision unit immediately. If the contractor disagrees with the instructions of the supervision unit, it shall still comply with the implementation, but may submit written opinions to the supervision unit. After the research unit has studied, it may make a decision to modify the instructions or continue to execute the original instructions, and notify the contractor. If the supervising unit decides to continue to execute the original instructions, the contractor shall still comply with the execution, but the contractor has the right to request the contractual disputes in accordance with the provisions of paragraph 44.1.
In an emergency, the supervisor may issue an interim written instruction on the spot, but the supervisory unit shall reissue the formal written instructions within 48 hours after the issuance of the provisional written instructions. If the supervisory unit fails to reissue within 48 hours, the contractor may propose A written confirmation that the official written instructions have been taken as a temporary written instruction.
Except as otherwise provided in the contract, the Contractor shall only obtain instructions from the Supervising Director or the Supervisor as defined in Section 7.3 above.
7.5 The supervision unit shall perform its duties fairly
The supervisory unit shall perform its duties impartially, and shall promptly ascertain the facts when issuing instructions, expressing opinions, approving files, determining prices, and taking actions that may involve the obligations and rights of the contractor or contractor, as required by the contract. Make a fair decision after full consultation with both parties.
Letters
8. letter
8.1 Contact is subject to written communication
The notices, instructions, requirements, requests, consents, opinions, confirmations, approvals, certificates, certificates and decisions referred to by the contract mentioned or proposed by any person in the contract file are the vouchers for the liaison and performance of the contract. The written letter shall prevail and shall be served on the place agreed by both parties and the formalities for signing the receipt.
8.2 Issuance and reply of correspondence
The correspondence, notifications, instructions, requests, requests, consents, opinions, confirmations, approvals, certificates, certificates and decisions in paragraph 8.1 above shall be issued and replied in a timely manner according to the time limit stipulated in the contract, and shall not be unreasonably withheld and delayed. Otherwise, the responsible party is responsible for the consequences.
Seven, drawings
9. drawing
9.1 Bidding drawings and tender drawings
The bidding drawings and their supplementary notices included in the contract are only used as the contractor's bid quotation and the basis for measuring the change in the performance of the contract, and cannot be directly used for construction stakeout.
The bidding drawings and their supplementary materials included in the contract are only used as the basis for the bidder to select the winning bidder and to check whether the contractor has constructed according to the bidding content during the performance of the contract, and cannot be directly used for construction stakeout.
9.2 Construction drawings
According to the contract, the construction drawings entrusted by the contractor to the contractor shall include the structural drawings, figure drawings and reinforcement maps of the engineering buildings, as well as the detailed design drawings, pouring plans and processing drawings that the contractor is responsible for. Submitted to the contractor in accordance with the time limit and quantity specified in the technical terms. Due to the failure of the Employer to submit the construction drawings on time, the delay of construction period shall be handled in accordance with the relevant provisions of Article 42; the changes in the construction drawings shall be handled in accordance with the relevant provisions of Article 39.
The construction drawings that are under the responsibility of the contractor according to the contract, including the structural drawings, figure drawings and reinforcement drawings of some engineering buildings, and the detailed design drawings, pouring plans and workshop drawings drawn by the contractor according to the construction drawings of the contractor shall be Submitted to the supervision unit for approval according to the time limit specified in the technical provisions. The supervising unit shall approve the contractor within 28 days after receiving the above drawings. The contractor shall be responsible for the delay in the construction period caused by failure to submit the construction drawings to the supervision unit on time; if the supervision unit fails to approve the contractor within 28 days, it shall be deemed that the supervision unit has agreed to carry out the construction according to the above drawings. The approval of the supervision unit shall not be exempted from the responsibility of the contractor for the construction drawings submitted by the contractor.
9.3 Design modification diagram and design modification notice
When the contractor entrusts the supervisory unit to submit the construction drawings submitted to the contractor for modification and replenishment, the supervisory unit shall issue a design modification map or design modification notice to the contractor before the construction of the project. The specific time limit shall be agreed upon by both parties. Design modification drawings and design modification notices are equivalent to construction drawings. Design changes involving changes shall be handled in accordance with the relevant provisions of Article 39.
9.4 Maintenance of drawings
Both the supervisory unit and the contractor shall maintain a complete set of drawings on the site in accordance with the contents contained in item 1.2.
9.5 Confidentiality of drawings
Without the permission of the other party, the drawings provided by the Employer and the Contractor in accordance with the contract shall not be disclosed to third parties not related to this contract, and the offender shall be liable for the consequences caused by the breach.
Eight, transfer and subcontracting
10. transfer
The Contractor shall not assign any department or any right of the contract or contract without the consent of the Employer, except in the following cases:
The contractor’s bank of deposits replaces the contractor with the amount specified in the contract.
In the event that the insurer has paid off the contractor’s losses or removed the contractor’s liability, the contractor transfers the right to obtain redress from any other responsible party to the insurer of the contractor.
11. Subcontracting
11.1 Project subcontracting should be approved
The contractor may not subcontract the entire project. Except as otherwise provided in the contract, the contractor may not subcontract any part of the project without the consent of the supervising unit. Subcontracting projects approved by the supervision unit are not allowed to be subcontracted. The Contractor shall be fully responsible for the work it has subcontracted and for any work and actions of the Subcontractor. Even if the supervising unit agrees to partial subcontracting, it cannot waive the contractor’s liability under the contract. When the supervising unit deems it necessary, the contractor shall submit a subcontract to the supervising unit. Except as otherwise provided in the contract, the following matters are not required to be approved by the contractor:
Providing services;
Procurement of materials that meet the standards set by the contract;
The subcontractor’s engineering subcontracting has been clarified in the contract.
11.2 The Employer specifies the subcontractor
When the contractor wants to designate a subcontractor according to the special circumstances of the project, the subcontracting work content and the qualification of the designated subcontractor shall be stated in the terms of the special contract. The Contractor may, at its discretion, agree or reject the designated Subcontractor. If the contractor accepts the subcontractor designated by the contractor at the time of bidding, the designated subcontractor shall be deemed to be the subcontractor employed by the contractor as the other subcontractors of the contractor, and the contractor shall sign the subcontract with it. The contract is fully responsible for its work and actions.
In the process of contract implementation, if the contractor needs to specify the subcontractor, the contractor's consent shall be obtained. At this time, the contractor shall be responsible for coordinating the signing of the subcontract between the contractor and the subcontractor. The Employer shall ensure that the Contractor does not add additional costs for such sub-item; the Contractor shall be responsible for the management and coordination of the Subcontracting Work and shall collect management fees from the designated Subcontractor; the Designated Subcontractor shall accept the Contractor’s Unified arrangements and supervision. All claims, litigation and damages related to the subcontracting work caused by the designated subcontractor shall be directly responsible to the Employer by the designated subcontractor, and the Contractor shall not be liable for this.
IX. Contractor’s personnel and their management
12. Contractor’s personnel
12.1 Contractor’s staff and workers
The Contractor shall dispatch or hire the following persons with sufficient technical qualifications and sufficient numbers to complete the work specified in the contract:
All kinds of professional technicians and general workers with qualification certificates;
All kinds of professional and technical personnel with technical theoretical knowledge and construction experience and the ability to carry out on-site construction management and guide construction work;
Managers with corresponding job qualifications.
12.2 Contractor Project Manager
The contractor's project manager is the sole proprietor of the contractor's worksite, and performs his duties in accordance with the contractor's responsibilities and rights as stipulated in the contract. The project manager of the contractor shall be responsible for organizing the successful implementation of the project in accordance with the provisions of this contract and the instructions of the supervision unit. In case of emergency and inability to contact the supervision unit, emergency measures to ensure the safety of the project and personnel life and property may be taken, and the report shall be submitted to the supervision unit 24 hours after the decision is taken.
All correspondence issued by the Contractor for the implementation of this Agreement shall be signed by the contractor’s official seal and the contractor’s project manager or his authorized representative.
The contractor shall assign the project manager to the consent of the contracting party. The project manager is easy to get the consent of the contractor. The project manager leaves the construction site in the short term and should appoint a representative to act on his behalf and notify the supervisory unit.
13. Management of contractor personnel
13.1 Arrangement of contractor personnel
Except as otherwise provided in the contract, the Contractor shall arrange and dispatch its own units and all staff and workers employed from the location of the Project or elsewhere, and provide such persons with the necessary working and living conditions and responsible for payment of honoraria.
The main management personnel and professional and technical backbones arranged by the contractor on the construction site should be relatively stable and should not be mobilized frequently.
13.2 Report to the management agency and personnel
The Contractor shall submit to the Supervising Unit a report of the Contractor’s management organization and staffing arrangements at the site within 84 days after receiving the notice of commencement, the contents of which shall include the establishment of the management organization, the qualifications of the main technical and management personnel, and the technical workers of each type of work. situation. If the supervisory unit deems it necessary, the contractor shall also submit a report on the changes of the site personnel to the supervisory unit on a regular basis in the prescribed format.
13.3 Qualification of the contractor’s personnel
Workers in technical posts and special types of work shall hold qualification certificates for passing the unified examinations or assessments by the state or relevant departments. If the supervisory unit deems it necessary, it shall also conduct post training before taking up the post, and conduct examinations and assessments of theory and operation. Those are allowed to go to work. The Contractor shall state the circumstances in which the Contractor’s personnel hold the qualification certificate for the employment in the Personnel Status Report submitted in accordance with the requirements of No. 13.2. The supervision unit has the right to inspect the qualification certificate of the contractor's personnel at any time.
13.4 The supervisory unit has the right to request the removal of the contractor’s personnel.
The contractor shall effectively manage its personnel at the site to enable it to perform its due diligence. The supervising unit has the right to request the removal of any personnel who are unable to perform their duties or misbehavior or negligence, and the contractor shall promptly replace them.
13.5 Guarantee the legal rights of contractor personnel
The contractor shall abide by the provisions of relevant laws, regulations and rules to fully protect the legitimate rights and interests of the contractor's personnel. The contractor shall:
To ensure that their personnel have the right to rest and vacation, the contractor shall arrange the working hours of its personnel in accordance with the provisions of the Labor Law. Due to the special needs of the project construction, taking up the holiday or extending the working time, the prescribed limit shall not be exceeded, and compensation or remuneration shall be paid according to the regulations.
Provide the necessary accommodation and accommodation and environmental protection and sanitation requirements for their personnel, and provide the necessary medical staff and medical facilities for injury prevention, treatment and first aid.
According to the relevant labor protection regulations, effective labor protection measures such as prevention of dust, harmful gases and safety of high temperature, high cold and high altitude work shall be taken. The personnel are injured during the construction, and the contractor shall be responsible for taking immediate and effective measures for rescue and treatment.
Endowment insurance for all persons under its jurisdiction in accordance with the relevant laws, regulations and rules.
Responsible for all aftermath of the casualties of its jurisdiction.
X. Materials and equipment
14. Provision of materials and engineering equipment
14.1 Materials and engineering equipment provided by the contractor
Except as otherwise provided in the contract, the contractor shall be responsible for the procurement, acceptance, transportation and storage of materials and engineering equipment required to complete the work of this contract.
Once the supply agreement between the contractor and the supplier has been signed, a copy should be submitted to the supervisory unit.
14.2 Engineering equipment provided by the contractor
The name, specification, quantity, delivery location and planned delivery date of the engineering equipment provided by the Employer in accordance with the contract are specified in the terms of the special contract.
The contractor shall submit a delivery date plan that meets the installation requirements of the engineering equipment to the supervisory unit for approval according to the schedule of the contract progress plan, and copy it to the contractor. After receiving the above delivery date, the supervisory unit shall negotiate with the contractor and the contractor to determine the delivery date.
When the engineering equipment provided by the contractor fails to deliver on time, the contractor shall be notified in advance and shall be handled in accordance with the provisions of No. 20.2, and the additional expenses and delays for the construction period shall be borne by the Employer.
The Contractor shall not refuse to deliver the goods within the early delivery period specified in the terms of the special contract, and shall not request any additional fees.
When the contractor requests to change the delivery date, it shall report it to the supervisory unit for approval. Otherwise, the contractor shall be responsible for the increase in the cost and the delay of the construction period due to the contractor's request for advance delivery or failure to provide the goods on time.
If the specification, quantity or quality of the engineering equipment provided by the Employer does not comply with the contract requirements or the delivery date is delayed, the additional costs and delays for the construction period shall be borne by the Employer.
15. Management of contractor materials and equipment
15.1 Contractor equipment should enter the construction site in time
The contractor's equipment as stipulated in the contract shall enter the construction site according to the contract progress and shall be put into use after being verified by the supervision unit. If the contractor needs to change the contractor equipment specified in the contract, it shall be approved by the supervision unit.
15.2 The contractor's materials and equipment are dedicated to this contract work.
All materials and equipment transported by the Contractor to the Site shall be dedicated to this Contract Project.
Except for the transfer of these materials and equipment on the construction site, the contractor shall not transport any part of the above materials and equipment out of the construction site without the consent of the supervision unit. However, the contractor is not required to go through the consent procedure for the transporter and the vehicles that pick up the goods.
After obtaining the consent of the supervision unit, the contractor may withdraw its own idle equipment according to the plans of different construction stages.
15.3 Management of old construction equipment of the contractor
The old construction equipment of the contractor must be inspected and regularly inspected according to relevant regulations before entering the construction site, and the inspection certificate should be issued by the institution with the qualification of equipment qualification or the inspection by the supervision unit before entering the construction site. The contractor shall also submit the use and maintenance records of the main equipment before the old construction equipment enters the construction site, and shall allocate sufficient spare parts to ensure the normal operation of the old construction equipment.
15.4 Construction equipment leased by the contractor
When the contractor intends to lease the construction equipment to the contractor, the model, specification, integrity and rental price of the various leased equipment shall be stated in the terms of the special contract.
The contractor may rent and lease the construction equipment of the contractor according to its own conditions. If the contractor plans to lease the construction equipment provided by the contractor, it shall submit the list of leased equipment and the lease time at the time of bidding, and include the corresponding lease fee in the quotation.
When the contractor leases construction equipment from other persons, it shall specify in the signed lease agreement that if the contractor defaults within the validity period of the agreement and the contract is terminated, the contractor or the contractor invites other contractors who contract this contract to be the same. Conditions to obtain the right to use the construction equipment.
15.5 The supervision unit has the right to request the contractor to add and replace construction equipment.
Once the supervision unit finds that the construction equipment used by the contractor affects the progress and quality of the project, it has the right to request the contractor to add and replace the construction equipment. The contractor shall increase and replace it in time, and the increased costs and delays of the construction period shall be borne by the contractor.
XI. Transportation
16. Transportation
16.1 On-site roads
The contractor shall be responsible for the maintenance, maintenance and traffic management of the on-site roads and transportation facilities submitted to the contractor in accordance with the provisions of paragraph 4.5, and shall bear all expenses.
Except for some of the on-site roads and transportation facilities provided by the Employer as described in this paragraph, the Contractor shall be responsible for the construction, maintenance, maintenance and management of all remaining on-site temporary roads and transportation facilities required for its construction, and shall bear all responsibility. cost.
Temporary roads and transportation facilities built by the contractor shall be provided free of charge to the contractor and the supervising unit; other contractors shall use the above roads and facilities in accordance with the provisions of No. 5.12.
16.2 Off-site traffic
The contractor shall bear all costs such as tolls, road maintenance fees and taxes for off-site public roads required by the contractor’s vehicles for outbound driving.
The contractor's vehicles shall be subject to the management of the local transportation department, strictly follow the limits of roads and bridges, and be subject to inspection and inspection by the traffic supervision department.
16.3 Transportation of oversized and overweight parts
In the case of items that are under the responsibility of the contractor, in case of oversized or overweight parts, the contractor shall be responsible for applying to the traffic management department. The cost of temporary reinforcement and modification of roads and bridges required for oversized or overweight parts as stipulated in the transport contract shall be borne by the contractor. If the oversized or overweight parts in actual transportation exceed the size or weight specified in the contract, the contractor and the contractor shall jointly negotiate and determine the cost of each share.
16.4 Responsibility for damage to roads and bridges
The Contractor shall be solely responsible for the damage to the public roads and bridges inside and outside the site caused by the transportation of the goods carried out by itself, and shall be responsible for paying the full cost of repairing the damage and possible claims.
16.5 Waterway transport
The contents of the preceding paragraphs of this Article shall also apply to waterway transport, where the meaning of the term “roads” shall include sluice gates, wharves, dikes or other structures related to waterways; the meaning of the term “vehicles” shall include ships, The provisions are still valid.
12. Project progress
17. Progress plan
17.1 Contract Progress Plan
The contractor shall submit the overall construction progress plan to the supervision unit for approval according to the content and time limit stipulated in the technical provisions and the instructions of the supervision unit. The supervising unit shall approve the contractor within the time limit specified in the technical provisions. The overall construction progress plan approved by the supervision unit is used as the basis for controlling the progress of the contract, and the annual, quarterly and monthly progress plans are submitted to the supervision unit. In the construction of the overall progress plan and the supervision unit's instructions to control the progress of the project.
17.2 Revision schedule
If the actual progress of the project does not match the contract progress plan mentioned in Section 17.1, the contractor shall submit a revised progress plan to the supervisory unit for approval within 28 days according to the instructions of the supervision unit. The supervising unit shall approve the contractor within 28 days after receiving the progress plan. The approved revision schedule is used as a supplement to the contract schedule.
Regardless of the cause of the delay in the construction schedule, the contractor shall take effective measures to catch up with the progress as directed by the supervision unit. The contractor shall submit a revised progress report to the supervisory unit at the same time as it submits the revised progress plan to the supervisory unit for approval. The rushing measures shall be adjusted and revised according to the premise that the project is completed on schedule. Due to the delay of the construction schedule due to the contractor's reasons, it shall be handled in accordance with the provisions of No. 20.2; due to the contractor's reasons, the construction progress will be delayed, and shall be handled in accordance with the provisions of No. 20.3.
17.3 Unit Project Progress Plan
When the supervision unit deems it necessary, the contractor shall submit the project progress plan to the supervision unit according to the content and time limit indicated by the supervision unit and according to the schedule control plan of the contract progress plan.
17.4 Submitting a Fund Flow Estimate
The Contractor shall submit a monthly flow estimate of the funds to the Supervising Authority in accordance with the provisions of Article 17.1 when submitting the overall construction progress plan to the Supervisory Unit. The estimate should include the full amount of the contract plan to be obtained from the contractor for reference by the issuer. Thereafter, if requested by the supervisory unit, the contractor shall also submit a revised estimate of the flow of funds within the time limit specified by the supervisory unit.
18. Project start and completion
18.1 Notice of commencement of work
The supervision unit shall issue a notice of commencement to the contractor within the time limit specified in the terms of the special contract. The contractor shall dispatch personnel and allocate construction equipment and materials to the construction site in time after receiving the notice of commencement of work, and prepare for construction according to the schedule plan agreed upon at the time of signing the agreement.
18.2 The contractor delayed the start of construction
The supervising unit fails to issue a notice of commencement of work according to the time limit stipulated in the contract or the contractor fails to provide the contractor with the necessary conditions for commencement of work according to the contract, and the contractor has the right to request the extension of the construction period. The supervising unit shall, after receiving the request of the contractor, immediately negotiate the remedy with the contractor and the contractor, and the additional expenses and delays for the construction period shall be borne by the contracting party.
18.3 The contractor delays the entry point
承包方在接到開工通知後１４天內未及時進點組織施工，監理單位可通知承包方立即採取有效措施趕上進度，承包方應在接到通知後的７天內向監理單位提交一份補救措施報告報送監理單位審批。補救措施報告應詳細說明不能及時進點的原因和補救辦法，由此增加的費用和工期延誤責任由承包方承擔。
１８．４ 完工日期
屬於本契約的全部工程、單位工程和部分工程的要求完工日期規定在專用契約條款中，承包方應在上述規定的完工日期內完工或在第２０．２款和２１條規定可能延後或提前的完工日期內完工。
１９．暫停施工
１９．１ 承包方暫停施工的責任
屬於下列任何一種情況引起的暫停施工，承包方不能提出增加費用和延長工期的要求：
契約中另有規定的；
由於承包方違約引起的暫停施工；
由於現場非異常惡劣氣候條件引起的正常停工；
為工程的合理施工和保證安全所必須的暫停施工；
未得到監理單位許可的承包方擅自停工；
其它由於承包方原因引起的暫停施工。
１９．２ 發包方暫停施工的責任
凡不屬於第１９．１款所列情況引起的暫停施工，均為發包方的責任，由此造成的工期延誤應按第２０．２款的規定辦理。
１９．３ 監理單位的暫停施工指示
監理單位認為有必要時，可向承包方發布暫停工程或部分工程施工的指示，承包方應按指示的要求立即暫停施工。不論由於何種原因引起的暫停施工，承包方應在暫停施工期間負責妥善保護工程和提供安全保障。
由於發包方的責任發生暫停施工的情況時，若監理單位未及時下達暫停施工指示，承包方可向其指出暫停施工的書面請求，監理單位應在接到請求後的４８小時內予以答覆，若不按期答覆，可視為承包方請求已獲同意。
１９．４ 暫停施工後的復工
工程暫停施工後，監理單位應與發包方和承包方協商採取有效措施積極消除停工因素的影響。當工程具備復工條件時，監理單位應立即向承包方發出復工通知，承包方應在收到復工通知後按監理單位指定的時間復工。若承包方無故拖延和拒絕復工，由此增加的費用和工期延誤責任由承包方承擔。
１９．５ 暫停施工持續５６天以上
若監理單位在下達暫停施工後５６天內仍末給予承包方復工通知，除了該項停工屬於第１９．１款規定的情況外，承包方可向監理單位提交書面通知，要求監理單位在收到書面通知後２８天內準許已暫停施工的工程或其中一部分工程繼續施工，監理單位逾期不予批准，則承包方有權作出以下選擇：當暫時停工僅影響契約中部分工程時，按３９．１款規定將此項停工工程視作可取消的工程，並通知監理單位；當暫時停工影響整個工程時，可視為發包方違約，應按第４２條的規定辦理。
若發生由承包方責任引起的暫停施工時，承包方在收到監理單位暫停施工指示後５６天內不積極採取措施復工造成工期延誤，則應視為承包方違約，可按第４１條的規定辦理。
２０．工期延誤
２０．１ 發包方的工期延誤
在施工過程中發生下列情況之一使關鍵項目的施工進度計畫拖後而造成工期延誤時，承包方可要求發包方延長契約規定的工期。
增加契約中任何一項的工作內容；
增加契約中任何項目的工程量超過專用契約條款第３９.１款規定的百分比；
增加額外的工程項目；
改變契約中任何一項工作的標準或性質；
本契約中涉及的由發包方責任引起的工期延誤；
異常惡劣的氣候條件；
非承包方原因造成的任何干擾或阻礙；
其它可能發生的特殊情況。
２０．２ 承包方要求延長工期的處理
若發生第２０．１款所列的事件時，承包方應立即通知發包方和監理單位，並在發出該通知的２８天內向監理單位提交一份細節報告，詳細申述發生該事件的情節和對工期的影響程度，並按１７．２款的規定修訂進度計畫和編制趕工措施報告提交監理單位審批。若發包方要求修訂的進度計畫仍應保證工程按期完工，同則應由發包方承擔由於採取趕工措施所增加的費用。
若事件的持續時間較長或事件影響工期較長，當承包方採取了趕工措施而無法實現工程按期完工時，除應按上述第項規定的程式辦理外，承包方應在事件結束後的１４天內提交一份補充細節報告，詳細申述要求延長工期的理由，並最終修訂進度計畫。此時發包方除按上述第項規定承擔趕工費用外，還應按以下第項規定的程式批准給予承包方延長工期的合理天數。
監理單位應及時調查核實上述第和項中承包方提交的細節報告和補充細節報告，並在審批修訂進度計畫的同時，與發包方和承包方協商確定延長工期的合理天數和補償費用的合理額度，並通知承包方，抄送發包方。
２０．３ 承包方的工期延誤
由於承包方原因未能按契約進度計畫完成預定工作，承包方應按第１７．２款項的規定採取趕工措施趕上進度。若採取趕工措施後仍未能按契約規定的完工日期完工，承包方除自行承擔採取趕工措施所增加的費用外，還應支付逾期完工違約金。逾期完工違約金額規定在專用契約條款中。
２１．工期提前
２１．１ 承包方提前工期
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