Construction project construction contract (electricity 2)
Power construction project construction contract
Construction contract conditions for electric power construction projects
Chapter 1 Word Meaning and Contract File
First word meaning
The text of the "Construction Contract for Electric Power Construction Project" shall be composed of the "Construction Contract Conditions for Electric Power Construction Projects". The terminology of the terms shall be in addition to the terms of the Agreement, and shall have the meanings given in this Article:
1. The contracting party; the parties that have the qualifications of the project contractor and the ability to pay the project price as stipulated in the Agreement Clause.
2. Party A's representative at the construction site: the party that has the qualifications of the project contractor as stipulated in the “Articles of Agreement” and has been accepted by the contractor.
4. Party B's representative at the construction site: Party B's representative in the Terms of the Agreement.
5. Social supervision: The supervision of the project by the project supervision unit or personnel entrusted by Party A and qualified by the “Measures for the Administration of Qualifications of Power Engineering Construction Supervision Units”.
6. Chief Engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level as stipulated in the Measures for the Administration of Qualifications of Power Engineering Survey and Design Units.
8. Project cost management department: the relevant departments of the State Council, the construction administrative departments at all levels or the construction project cost management agencies authorized by the above departments.
9. Engineering quality supervision department: Ministry of Power Industry, Electric Power Administration Bureau, Provincial Power Bureau or its quality supervision organization for electric power construction projects set up according to the Interim Provisions on Quality Supervision of Electric Power Infrastructure Construction Project.
10. Project: The permanent project of electric power construction with specific contents as stipulated in the “Agreed Clause”.
11. Contract price: The current quota, material budget price and corresponding fee-taking standard shall be used as the guiding price, which shall be determined through bidding and bidding or by negotiation between Party A and Party B, and shall be used to pay the total amount of the price of Party B's performance of completing the construction of the project.
12. Economic expenditure: The contract price that occurs during construction and is paid by Party A to increase the budget.
13. Fee: The expenses directly paid by Party A in addition to the contract price or the expenses that Party B should bear.
14. Construction period: Both Party A and Party B refer to the contract period of the “Contract Terms” in accordance with the provisions of the power construction project project quota.
15. Date of commencement: The date of commencement of the project as stipulated in the Terms of the Agreement.
16. Completion Date: The date of completion of the project as stipulated in the Terms of the Agreement.
17. Drawings: All drawings provided by Party A or approved by Party A and approved by Party A for construction.
18. Construction site: The site used for construction as determined by Party A, “Construction Organization Design” or “Construction Plan”.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters, confirmed telegrams, telexes, etc., handwritten, typed, photocopied, printed, etc.
20. Force majeure: Natural disasters caused by war, turmoil, falling objects in the air or other non-Participation Party B, fires, and damage caused by wind, rain, and earthquakes as stipulated in the Articles of Agreement.
21. Compensation: The responsible party compensates for the direct and indirect losses of the other party, including the suspension, work, rework, the transfer of personnel and machinery, the backlog of materials and components, the labor costs of the reverse transport, machinery and management fees, etc. And the loss of the available interest, such as interest accrued from the date on which these fees are payable.
22. Quality defects: The project does not meet the relevant technical standards, design files and contract quality requirements of the country or industry.
23. Terms of the agreement: a written agreement signed in accordance with the law after the negotiation between the two parties in conjunction with the specific project.
Article 2 Contract File and Order of Interpretation
1. The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation are as follows:
Articles of Agreement;
Contract Conditions;
Negotiating, changing, etc., clearing the minutes and agreements of the parties' contractual rights and obligations;
The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
a bill of quantities or an engineering budget and drawings that determine the cost of the project;
Standards, specifications and other relevant technical materials and technical requirements;
Other files that form part of the contract.
2. When the contract files are ambiguous or inconsistent, they shall be settled through negotiation without affecting the progress of the project; if the opinions of the two parties are still inconsistent, the solution shall be settled in accordance with the provisions of Article 30.
Article 3 Languages, Standards and Applicable Laws Used in Contract Files
1. The contract file is written in Chinese national language. Both parties can agree to use the translation of minority languages according to their needs. The interpretation and explanation of the contract file use Chinese Mandarin.
2. The law applicable to contract files is the national laws and regulations, as well as other industry regulations and agreed local laws and regulations of the Ministry of Power Industry.
3. Construction should use national standards, specifications and power industry standards and norms. When the state or the power industry does not have corresponding standards and specifications, it may stipulate the standards and specifications for the use of other industries or places where the project is located. Party A shall provide Party B with the agreed standards and specifications according to the time and number of copies as stipulated in the Articles of Agreement.
4. When there is no corresponding standard or standard in China, Party B shall submit the construction process according to the time and requirements stipulated in the “Articles of Agreement”, and shall be implemented after approval by Party A's representative; Party A shall require the use of foreign standards and regulations and shall report to the competent department of power industry for approval. Responsible for providing Chinese translations as agreed.
5. The costs of stipulating, translating and formulating standards, specifications and proposing construction techniques shall be borne by Party A.
Fourth drawing
1. Party A shall provide Party B with complete construction drawings and the design depth to meet the construction requirements in accordance with the date and number of shares agreed upon in the Agreement Terms and Conditions before the commencement date, and Party B shall keep the drawings confidential in accordance with the terms of the Agreement. jobs.
2. Party A shall not provide a full set of drawings in accordance with the provisions of Article 4, paragraph 1, and include the name and duration of the drawings that cannot be provided in this article, and ensure that the implementation of the “construction comprehensive progress plan” is met.
3. If Party A has special confidentiality requirements for drawings, Party B shall take appropriate measures to keep it confidential and Party A shall bear the expenses.
4. Party B shall request the increase of the number of drawings, and Party A shall copy and deliver the time as stipulated in the Articles of Agreement, and Party B shall bear the expenses.
5. If Party B fails to receive the drawings provided by Party A, Party B shall notify Party A of the contents, reasons, time and delay of the required drawings or instructions within 5 days. Party A's representative did not reply within 2 days after Party B submitted the notice, and dealt with it according to the second paragraph of Article 7.
6. Party B found that the drawings provided by Party A were incomplete, inaccurate or the design depth could not meet the construction requirements. Party A shall be promptly notified to deal with it as appropriate in accordance with Article 4, paragraph 5, or Article 25, paragraph 1. Party B shall not be found in the above-mentioned defects of the drawings provided by Party A. Party A shall still bear the responsibility according to the provisions of Article 7, paragraph 2 or Article 25, paragraph 4, and pay for the repair, dismantling, alteration, reconstruction, etc. cost.
Chapter II General Responsibilities
Article 5 Representative of Party A
1. Party A appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
A representative of Party A may appoint a specific manager to assume some of his rights and responsibilities and may withdraw such appointment at any time. Both the appointment and the withdrawal shall be notified to Party B 3 days in advance.
The instructions, notices, opinions, approvals, and replies of Party A's representatives shall be signed by the person and submitted to the representative of Party B in writing, and the representative of Party B shall take effect after signing the name on the receipt and the time of receipt. If necessary, Party A's representative may issue an export order and provide written confirmation within 24 hours. Party B's instructions to Party A's representative shall be executed. Party A's representative cannot give a written confirmation in time. Party B shall submit a written confirmation request within 48 hours after Party A's representative gives the export order. Party A's representative will not reply within 2 days after Party B submits the confirmation request, which is deemed to confirm Party B's request. . If Party B considers that Party A's representative order is unreasonable, it shall submit a written notice within 24 hours after receiving the order. Party A's representative shall, within 24 hours after Party B's application, make a modification order or continue to execute the original order, and notify Party B in writing. In case of emergency, Party A's instructions for Party B's immediate execution or Party B's defense, but Party A's decision to continue execution, Party B shall execute. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
Party A shall provide Party B with the required instructions, requirements, consents, notices, approvals, etc. in accordance with the contract and timely perform other agreed obligations. Otherwise, Party B shall specify the specific requirements, reasons and delays within 24 hours after the agreed time. The consequences shall be notified to the representative of Party A. If Party A’s representative has not responded within 48 hours after Party B’s notice, it shall be deemed as confirmation, consent and approval. Party A shall bear the expenses incurred thereby, and delay the delay of the construction period. Therefore, the loss of Party B caused.
2. Party A shall notify Party B of the scope of the exercise of the rights and performance of the duties of the chief engineer. The chief management engineer performs the duties within the scope of the commissioned authority as agreed.
3. Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance. The latter will continue to assume the responsibility of the predecessor.
Article 6 Representative of Party B
1. Party B appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
Party B's request, application and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect.
The representative of Party B shall organize the construction according to the “construction organization design” agreed by the representative of Party A, issue instructions and requirements according to the contract, and may take emergency measures to ensure the safety of the project and personnel life and property in case of emergency and unable to contact with the representative of Party A. And submit a report to the representative of Party A within 24 hours after taking the measure. Responsibility is in Party A. Party A shall bear the expenses incurred as a result, and the construction period shall be postponed accordingly; the responsibility shall be in Party B, and Party B shall bear the expenses.
2. Party B shall represent Party A and shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A's work
1. Party A shall complete the following work in accordance with the time and requirements as stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
Handling land acquisition, renting, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that the construction site has construction conditions, and continue to be responsible for solving the remaining problems after the start of construction.
The water, electricity and telecommunications lines required for construction shall be received from the outside of the construction site to the agreed place of the “Contract Terms” and the needs during the construction period shall be guaranteed.
The opening of the construction site and the urban and rural public roads, as well as the main traffic trunks in the construction site as stipulated in the Agreement, shall be maintained to meet the needs of construction and transportation, and ensure the smooth flow during the construction period.
Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the authenticity of the information.
Handling all kinds of documents, approval documents and temporary land use for construction, approval of roads and transportation, and approval of railway special lines, and conclude agreements with relevant parties on the need for cross-railway and highway communication lines.
Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection.
Party B and the design unit shall conduct the drawing review and submit the design to B, and shall verify the budget of the construction drawing in a timely manner.
Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
According to the contract and the time specified in the “Construction Comprehensive Progress Plan”, Party B shall provide the construction site for the contracted installation project to ensure that the site and buildings, structures, structures and foundations meet the requirements for installation and construction.
Coordinate the construction operations of each construction enterprise on the construction site to deal with relevant issues in a timely manner.
2. If Party A fails to perform the above obligations in accordance with the contract, it shall bear the expenses incurred thereby, and compensate Party B for the losses caused thereby, delaying the construction period and delaying accordingly.
3. Party A shall entrust Party B to complete one of the above tasks, and shall bear the economic expenses incurred and pay the corresponding expenses of Party B.
Article 8 Party B's work
1. Party B shall complete the following work in accordance with the scope, time and requirements stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
Within the scope permitted by the design qualification certificate, the detailed design of the construction drawing design, construction design or construction required by the representative of Party A shall be completed and approved by the representative of Party A.
According to the agreement, the representative of Party A will provide the annual, quarterly and monthly project progress plan and engineering project plan and related statistical reports.
Set the lighting, fences and guards used for construction according to the needs of the project, and repair the safety and protection facilities. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility.
According to the quantity and requirements stipulated in the Articles of Agreement, the representatives of Party A shall be provided with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
Take effective measures to implement the management regulations for construction site traffic and environmental protection by local governments and relevant departments. Due to technical and economic constraints, if the pollution of the environment cannot be controlled within the prescribed range, Party A shall, in conjunction with Party B, report to the local government for approval. The above fees shall be borne by Party A, except for the fines caused by Party B's liability.
Before the completed project is delivered to Party A, Party B may be entrusted by Party A for custody. Party B shall be responsible for the protection work in accordance with the provisions of the Agreement, and the damage shall be damaged if it is not properly protected. Party B shall repair it at its own expense. The location of the unit project and the corresponding economic expenditures required by Party B to take special measures shall be stipulated in the Articles of Agreement. Party A shall be liable for any damage or other problems that occur after Party A uses it in advance or after unauthorized use.
According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
Ensure that the construction site is clean. Before the handover, the site shall meet the requirements for the contract file, and shall bear the losses and fines caused by violation of relevant regulations, except for the provisions issued after the contract is signed and the losses and penalties caused by non-Party B reasons.
2. Party B did not fulfill the above obligations in accordance with the contract. To bear the expenses incurred and compensate Party A for the economic losses suffered.
Chapter III Construction Organization Design and Construction Period
Article 9 Progress Plan
1. Party A shall provide Party B with preliminary design files, construction drawings, construction organization design outline and “supply materials, design plans” and “providing civil engineering projects” within 3 days after the conclusion of the contract. Party B shall construct the construction according to the electric power. The relevant provisions of technical management and the provisions of the "Agreed Clause" shall be formulated as "construction organization design" and "construction comprehensive progress plan", and shall be submitted to Party A representatives before the start of construction. Party A fails to provide the information it should provide and shall deal with it in accordance with the provisions of Article 7(2). Party B did not submit the “construction organization design” and “construction comprehensive progress plan” as scheduled, and dealt with it according to the second paragraph of Article 8.
2. The consent of the Party A representative to Party B's “construction organization design” and “construction comprehensive progress plan” shall be answered within the time limit stipulated in the “Articles of Agreement”. If it is overdue, it may be deemed as agreed. The “construction organization design” and “construction comprehensive progress plan” agreed by Party A are contract files and should be followed together.
3. Party B shall organize the construction according to the “construction organization design” and “construction comprehensive progress plan” agreed by Party A, and accept the inspection and supervision of the representative of Party A. If the actual progress of the project is inconsistent with it, Party B shall propose improvement measures according to the requirements of Party A's representative and submit it to Party A for approval. For major construction technical measures, Party B shall report to Party A for review and approval, and Party A shall bear the special construction technical measures.
Article 10 Delayed construction
1. Party B shall commence construction in accordance with the terms of the Agreement and the commencement date and commencement conditions determined by the “Construction Comprehensive Progress Plan”. If it is unable to commence construction as scheduled, it shall, within 5 days prior to the agreed commencement date, file an extension with Party A’s representative. Reasons and requirements. The representative of Party A shall reply within 3 days after Party B requests to postpone the commencement of work. If the applicant fails to reply within the time limit, it shall be deemed to have agreed to Party B's request for extension of construction.
2. Party B's delayed commencement of work has not been approved by Party A's representative in accordance with the provisions of Article 10, paragraph 1, and the date of completion is not extended.
3. Party B shall request the extension of the construction to obtain the consent of the representative of Party A due to Party A's reasons, or Party A shall obtain the consent of Party B to delay the commencement date, and Party A shall bear the expenses and losses of Party B, and shall accordingly extend the construction period.
Article 11 Suspension of construction
1. Party A's representative may request Party B to suspend the construction if it is necessary, and shall submit a handling opinion within 24 hours after the request for suspension. Party B shall stop the construction according to the suspension request of Party A's representative, properly protect the completed project, and submit the request for resumption of work to Party A's representative, and continue construction after approval.
2. Party A's representative did not submit a handling opinion within the agreed time, or did not reply within 24 hours after Party B's request for a return to work, Party B may return to work on its own. If Party B's construction cannot be carried out, it shall be handled in accordance with the provisions of Article 7, paragraph 2.
3. Suspension of construction for non-Party B reasons, Party A shall bear the economic expenditure, and correspondingly extend the construction period; the responsibility for the suspension of work shall be at Party B, and Party B shall bear the expenses incurred.
Article 12 Delay in construction period
1. Delays in the completion date due to the following circumstances shall be confirmed by the representative of Party A, and the construction period shall be postponed accordingly.
Engineering quantity change or design change;
Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
The agreement agreed in the contract or the consent of Party A agrees to give other circumstances to the extension of the construction period.
2. Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the expenses incurred. Party A shall approve or propose the amendment within 3 days after the report is submitted by Party B. The report was approved by Party A.
Article 13
1. The construction needs to be completed in advance, and the two parties will sign an “early completion agreement” after the agreement, and the contract completion date will be advanced. The “early completion agreement” should include the following main elements:
Advance time;
The rushing measures taken by Party B;
The conditions provided by Party A for the rush to work;
Economic expenditures and commitments for the hurrying measures;
The sharing of early completion income.
2. Party B shall amend the construction progress plan according to the “early completion agreement” and submit it to the representative of Party A for approval. The representative of Party A shall give a reply within 5 days after Party B submits the construction progress revision plan, and if it is not approved within the time limit, it shall be deemed as approved.
Chapter IV Quality and Acceptance
Article 14 Inspection and rework
1. Party B shall, according to the corresponding technical specifications for electric power construction, construction and acceptance, the agreed standards, design requirements, and the instructions of Party A to issue instructions according to the contract, accept the inspection and inspection of Party A and its delegates at any time, and provide convenience for inspection and inspection. Rework and modification shall be carried out according to the requirements of Party A's representative and its delegates, and the expenses for rework and modification caused by their own reasons shall be borne. The economic expenses incurred by Party A due to incorrect correction or other non-Party B reasons for rework or modification shall be borne by Party A and the construction period shall be postponed accordingly.
2. After the above inspections are passed, it is found that the quality problems caused by Party B are still responsible by Party B.
3. The above inspections shall be carried out in accordance with the provisions on construction quality inspection and assessment standards for electric power construction projects, and shall be carried out without prejudice to normal construction. If the normal construction is affected, unless the quality of the inspection is unqualified, the expenses incurred shall be borne by Party A. The corresponding extension period.
Article 15 Quality Rating
1. The quality of the project shall meet the qualified conditions stipulated in the agreed construction quality inspection and assessment standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure should be paid. The impact on the construction period should be extended accordingly.
2. If the project fails to meet the agreed quality conditions, Party A's representative may request Party B to rework as soon as it is discovered. Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract.
3. Due to non-Party reasons such as design or materials, components, fittings, equipment, etc., the project will not be repaid, and Party B will be re-employed. The revised economic expenditure will be borne by Party A, and the construction period will be postponed accordingly. If Party B is unable to modify it, it shall be approved by Party A's representative, and this part may not be included in the assessment quality level.
4. Both parties have disputes over the quality of the project and may deal with it in accordance with Article 30.
Article 16 Concealed works and intermediate acceptance
1. The project or part that requires intermediate acceptance shall stipulate its name, acceptance time, requirements and the convenience conditions that Party A shall provide in the Terms of the Agreement.
2. The project shall have coverage, cover conditions or meet the agreed intermediate acceptance site. Party B shall notify Party A's acceptance 48 hours before concealment or intermediate acceptance after passing the self-inspection and prepare the acceptance record. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. After the acceptance is passed, the representative of Party A will sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B shall re-inspect it after modification within a limited time.
3. The quality of the project meets the requirements of the specification. After 24 hours of acceptance, Party A's representative will not sign the acceptance record, which can be regarded as the approval of Party A's representative, and Party B can conceal or continue construction.
Article 17 Divisional trial operation
1. The project shall have the conditions for trial operation of the branch, and shall be subject to the trial operation of the start-up and completion acceptance procedures of the electric power construction project. Except for the agreement made by the equipment manufacturing and the self-commissioning of the supplier, the branch trial operation shall be undertaken by Party B, and the division trial operation plan and measures shall be prepared and submitted to the representative of Party A for approval. Party A's representative shall approve or propose amendments within 7 days after Party B submits the plan. If it is not approved within the time limit, it shall be deemed as approved by Party A's representative.
2. Party B shall notify Party A to participate in the 48 hours before the trial operation of the branch. Party A's representative may not participate in the trial operation on time and may entrust another person's plenipotentiary in writing. The non-probability of Article 37 shall not be postponed.
3. The adjustment test record of the trial operation of the division shall be made by Party B and the commissioning unit, and the representative of Party A shall sign on the record as the basis for quality acceptance and complete set-up.
4. Since Party B failed to meet the acceptance requirements due to Party B's reasons, Party A's representatives proposed amendments within 24 hours after the trial operation, and Party B revised the trials according to their opinions.
5. The representative of Party A did not participate in the trial operation of the division and did not entrust another person to act, or the trial shipment did not propose amendments within the agreed time. The trial shipment was not signed and accepted. The trial operation record will take effect 24 hours after the end of the trial operation. Party A shall acknowledge Party B can continue construction and can handle the relevant procedures accordingly.
6. Equipment and systems that have passed the trial operation of the branch may be handed over to Party A for safekeeping, operation and maintenance as the production or trial operation needs to continue to operate.
7. The divisional trial freight shall be borne by Party A in addition to those already included in the contract price or otherwise stipulated in the Agreement.
8. Due to non-Party B, such as design, equipment manufacturing, improper operation, etc., the trial operation fails to meet the acceptance requirements. Party B or Party B cooperates with the responsible party to dismantle, repair, reinstall, the costs incurred, and the repurchase of materials, equipment, and freight. All shall be settled by Party A and the responsible party after the meeting, and the delay of the construction period shall be postponed accordingly.
Article 18 Acceptance and re-inspection
1. The acceptance conditions for individual projects, unit projects, sub-projects, and sub-projects shall be subject to inspection and acceptance as scheduled. Party B shall submit an “acceptance notice” 48 hours before the acceptance, and notify Party A to participate in the acceptance. The notice includes the content and time of the acceptance. Location, attached to Party B's self-inspection record.
2. Party A's representative can't participate in the acceptance on time and can entrust another person to act in writing, or submit an extension request to Party B 24 hours before the acceptance, and the extension cannot exceed two days. Otherwise, Party B may organize its own acceptance, and Party A shall acknowledge that its acceptance record is valid.
3. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project, Party B shall conduct the excavation as required and re-cover or repair it after the inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter V Contract Price and Payment
Article 19: Contract price and adjustment
1. When signing the "Agreement Terms", both parties will exchange their performance guarantee letters issued by their respective bank accounts to ensure that they will perform the payment according to law and will be refunded after the expiration of the warranty period.
2. The contract price shall be stipulated in the "Articles of Agreement", and the payment shall be settled according to the "Measures for Settlement of Construction Project Price" and "Specific Provisions on Completion and Settlement for Capital Construction Projects". No party may change without authorization, and one of the following circumstances may be adjusted. .
The amount of work confirmed by the representative of Party A is increased or the amount of work approved by Party A's representative and approved by Party B's representative is reduced.
A design change or project negotiation confirmed by the representative of Party A.
Price adjustment announced by the project cost management department.
Other additions, subtractions or adjustments to the contractual agreement.
3. The scope of the contract price adjustment can be agreed in the Agreement Terms.
4. Party B shall, within 10 days after the occurrence of the conditions stipulated in the second paragraph of Article 19, adjust the amount of the price adjustment according to the first paragraph of Article 26 or according to the price adjustment of the project cost management department. The reasons and amount of the adjustment shall be notified to the representative of Party A in writing. Party A's representative shall, within 5 days after Party B submits the notice, approve and notify the handling bank and Party B, or propose amendments and reasons. If the overdue is not answered, it shall be deemed as approval by Party A and shall be settled according to the payment.
Article 20 Prepayment of construction funds
1. Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the “Articles of Agreement”, and deduct it from the time and proportion as scheduled.
2. Party A fails to make payment according to the first paragraph of Article 20. Party B shall submit a “Notice of Request for Payment” to Party A's representative 7 days after the agreed payment date. Party A shall not pay according to the requirements after Party B submits the notice, and Party B may submit After the notice, the construction shall be temporarily suspended, and shall be handled in accordance with the provisions of the second paragraph of Article 7, and Party A shall pay the late payment due from the date of payment.
Article 21 Verification of the quantity of work
1. Party B shall submit a “Completed Project Report” to the representative of Party A for confirmation according to the time stipulated in the “Articles of Agreement”. Party A's representative shall verify and verify the completed quantity according to the design drawings within 3 days after Party B submits the report. If it is not measured within the time limit, it shall be deemed that Party A's representative has confirmed the amount of work listed in Party B's report and also paid as construction cost. Basis.
2. Party A shall notify Party B to send personnel to participate 24 hours before the measurement, and Party B shall provide convenience for measurement. Party A did not issue a notice as agreed to prevent Party B from participating in the measurement, and Party A’s self-measurement was invalid. If Party B fails to participate in the measurement without proper reasons, Party A's self-measurement results are valid, which is the basis for payment of the project price.
3. The representative of Party A shall not measure the amount of work that Party B has exceeded the requirements of the drawings and the amount of work that is reworked due to its own reasons.
Article 22 Payment of construction funds
1. Party B shall, in accordance with the time and method agreed upon in the Articles of Agreement and the amount of work confirmed by the representative of Party A, calculate the price of the completed project based on the unit and the fee collection standard of the corresponding project constituting the contract price, and prepare the “Project Settlement Bill” representative of A. The representative of Party A shall issue a visa within 5 days after Party B submits the “Project Settlement Bill” and notify the handling bank to pay.
2. If Party A’s settlement bill is overdue for Party B’s settlement, or Party B’s failure to pay due to Party A’s reasons, Party B may issue a “Notice of Payment” to Party A’s representative. Party A still fails to comply with the request 5 days after the notice is given. If the payment is made, Party B may suspend the construction and deal with it according to the provisions of Article 7. Party A shall repay the interest payable on the project payment. The interest shall be calculated at the agreed interest rate from the 11th day of the measurement signature.
Chapter VI Supply of Materials and Equipment
Article 23 Party A supplies materials and equipment
1. Party A shall supply materials and equipment to Party B in accordance with the terms of the Agreement, and the types, specifications, models, quantities, units, quality grades, and time and place of materials and equipment supplied shall be in accordance with the list, and materials and equipment shall be provided to Party B. Quality certification.
2. Party A shall notify Party B to accept and receive the materials at the agreed time before providing materials and equipment. If the damage is lost after the experience is received or received, Party B shall repair and compensate.
3. The materials and equipment supplied by Party A are inconsistent with the provisions of the Agreement, the contract file provisions or the list, and are handled separately as follows:
The unit price of materials and equipment does not match, and Party A bears all the price differences.
If the materials, equipment types, specifications and quality grades do not match, Party B may refuse to accept and keep them, and Party A shall ship them out of the construction site and re-purchase. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box. The subsequent unpacking inspection will be carried out jointly by Party A and Party B. If there is any missing item, Party A will be responsible for making up the compensation. If the quality level and specifications are not consistent, Party A will re-purchase. .
If the type, specification and model of the materials do not match, Party B may change the batch on behalf of Party A, and Party A shall bear the corresponding economic expenditure.
If the equipment is defective, Party A may entrust Party B to handle it, and Party A shall pay the expenses incurred.
If the arrival location does not match, Party A will be responsible for the shipment to the designated location.
If the supply is insufficient, Party A will make up the amount; if the supply is excessive, Party A will ship the excess part out of the construction site.
The supply time is advanced, and Party A is responsible for custody or payment and entrusts Party B to keep it.
4. If Party B fails to inspect, receive, and receive materials or equipment to cause losses to Party A, it shall be dealt with in accordance with the provisions of Article 8, paragraph 2.
5. After the inspection by Party B, it is found that the materials and equipment supplied by Party A are inconsistent with the specifications and quality, and Party A shall still bear the economic expenses of re-purchasing, dismantling and reconstruction.
6. Party A fails to comply with the terms of the Agreement, the provisions of the contract file and the list of materials, equipment, or the supply time is delayed, or the circumstances as stipulated in Article 23, paragraph 3, and Article 23, paragraph 5, cause Party B. If the construction is delayed, it shall be handled in accordance with the second paragraph of Article 7.
Article 24 Party B purchases materials and equipment
1. Party B shall, in accordance with the terms of the Agreement, purchase materials, equipment or non-standard equipment required for the project in accordance with the requirements of the design and specifications, and provide proof of product quality.
2. Party A entrusts Party B to unload, store materials, equipment and prepare non-standard equipment and equipment for the processing. It shall stipulate the rights and obligations of both parties in the Articles of Agreement, or make an agreement, and pay a certain amount of advance payment.
3. Before the materials and equipment arrive at the goods, Party B shall notify Party A's acceptance and acceptance according to the agreement. Party A may not accept the inspection on time, which may be regarded as acceptance. Party B shall accept the acceptance by itself.
4. The method for adjusting the spread of materials and equipment purchased by Party B shall be stipulated in the Articles of Agreement.
5. The materials, equipment or non-standard equipment purchased by Party B are inconsistent with the design and specification requirements. The representative of Party A refuses to accept the inspection. Party B shall be transported out of the construction site at the time required by Party A’s representative to re-purchase the products that meet the requirements. The expenses incurred will not be postponed.
6. Regardless of whether Party A is present at the acceptance, after the acceptance, it is found that the materials and equipment do not meet the design and specification requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses. The delay in the construction period will be delayed accordingly.
7. According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. For reasons of Party A's use, Party A shall bear the economic expenses incurred, and Party B shall bear the expenses incurred by Party B.
Chapter VII Design Changes
Article 25 Design Changes
1. Party B shall implement the relevant technical specifications for construction and acceptance of electric power construction and construction technology, and strictly follow the construction of the drawings. It shall find that the design errors and omissions shall not be mistaken or repaired without authorization, and shall promptly submit an application for change design to Party A.
2. Party A shall change the original design or agree to Party B's application for change design, and shall submit it to the original design unit for review, modification, and supplement according to the time limit stipulated in the “Articles of Agreement”, and obtain corresponding drawings and explanations for major design changes and major designs. The change shall also obtain the approval of the relevant department, additional investment and materials indicators, and then send Party B a design change notice, otherwise Party B has the right to refuse the change.
3. Party B shall notify the construction according to the design change and make the following changes:
Increase or decrease the amount of work agreed upon in the contract;
Change the nature, quality and specifications of the relevant project;
Alter the elevation, baseline, location and size of the relevant part;
Add additional work required for the project;
Change the construction time and sequence of the project.
4. The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be delayed accordingly.
Article 26 Determination of the price of the change
1. After the change as agreed in Article 25 occurs, within the time limit stipulated in the Articles of Agreement, Party B shall propose the price change according to the method of the column, and adjust the contract price and the date of completion after approval by Party A's representative.
The price applicable to the change project in the contract is calculated according to the existing price of the contract, and the price of the contract is changed;
There is only a price similar to the change in the contract, which can be used as the basis for determining the price of the change to change the contract price;
There is no applicable and similar price in the contract, and Party B proposes an appropriate price change.
2. Party A's representative shall approve it within 5 days after Party B submits the price change opinion, or propose amendments and reasons. If it is not approved within the time limit, it shall be deemed as approval by Party A.
3.乙方對於甲方代表不批準其變更價格意見持有抗告，可提請總監理工程師 予以評定、提請約定的工程造價部門予以裁定，不服裁定則可 按第３０條約定處理。
第八章竣工與結算
第二十七條竣工驗收
1.工程具備竣工條件，乙方按電力建設施工及驗收技術規範等規定向甲方代 表提交“竣工驗收報告”申請驗收。甲方代表在乙方申請驗收後１０天內組織有關 部門進行驗收，驗收５天內給予批準或提出修改意見。乙方按要求修改，承擔由於 自身原因造成修改所發生的費用。甲方承擔非乙方原因造成修改所發生的費用及因 此給乙方造成的損失，延誤的工期予以順延。
2.整套啓動試運驗收，執行電力建設工程啓動及竣工驗收規程等規定，由甲 方承擔整套啓動試運驗收的組織工作，全面處理試運驗收中發生的問題。乙方參與 有重大影響項目的整套啓動調試方案和措施的製定，在啓動調試中負責其施工項目 的維護、檢修、消除缺陷。
3.乙方參加整套啓動試運的工日及酬金，經甲方雙方參照調試工期定額和相 應的取費標準商定，由甲方予以支付。契約中另有約定、已包含在契約價款的除外。
4.竣工日期為乙方提交“竣工驗收報告”之日，需修改後才能達到竣工要求 的，應為乙方修改後經甲方驗收之日。
5.甲方未按如上日期組織驗收，應從約定期限最後１天的次日起承擔工程保 管費用。
6.按建設項目檔案資料管理的有關規定，乙方在整套啓動試運驗收後４５天 內，將竣工圖等完整竣工資料交甲方。
7.工程移交後實行試生產的，火電項目期限６個月，不得延長。試生產利潤， 甲乙雙方按約定分享。
8.由於設計、設備或系統等不屬於乙方原因使個別項目不能全部投入，應在 啓動試運驗收記錄上寫明原因，由甲方負責在驗收後組織完成。
9.機組經７２小時試運後，由於系統負荷需要等原因不能停機，則免去其後 的規定試運時間，即告整套啓動試運驗收完成。
10.零星土建工程和少數非主要設備未按設計規定的內容全部建成，但不影 響正常生產，已符合竣工驗收標準的，應辦理竣工驗收手續，由承包該施工項目的 乙方負責在整套啓動試運驗收後完成，期限不得超過６個月。
11.由於特殊原因，部分單位工程和部分須甩項竣工時，雙方訂立甩項竣工 協定，明確各方責任。
12.甲方代表在乙方提交“竣工驗收報告”後１０天內無正當理由未組織驗 收，或驗收後５天內未予批準且未提出修改意見，即視為此“竣工驗收報告”經甲 方代表批準，應據以辦理結算手續。
第二十八條竣工結算
1.竣工報告批準後，乙方按建設工程價款結算辦法等有關規定和《協定條款》 約定的時間、方式，向甲方代表提交“竣工結算報告”。甲方代表在乙方提交報 告後５天內予以批準並將撥款通知送經辦銀行辦理竣工結算，或提出修改意見及理 由。乙方收到工程款後１５天內將竣工工程交付甲方。
2.甲方違反有關規定或約定未如約辦理竣工結算，或經辦銀行由於甲方原因 未支付工程款，乙方或留置部分或全部工程，予以妥善保護，由甲方給付保護費用， 承擔違約責任，並按約定的利率償付拖欠工程款的利息。
第二十九條保修
1.執行電力建設工程啓動及竣工驗收規程、工程質量管理辦法等規定，乙方 對竣工交付使用的工程所存在的質量缺陷負責維修。
2.保修項目、內容、範圍，由甲乙雙方在《協定條款》中約定。
3.保修期，整體工程或其中分單項、單位、分項、分部驗收交付的工程，均 從移交甲方之日起分別計算保修期。
建築工程保修期：
①建築物、構築物的土建工程為１年，其屋面防水工程為３年；
②建築物的電氣管線、上下水管線安裝工程為６個月；
③建築物的供熱、供冷工程為１個採暖期、供冷期；
④室外的上下水、道路等公用工程為１年。
安裝工程保修期為１年。
其他有特殊要求的工程，保修期限由甲乙雙方在《協定條款》中約定。
4.質量保修金，由甲方從其給付乙方的工程結算款中劃撥，存入《協定條款》 約定的工程質量監督機構在銀行開設的專門帳戶，任何單位和個人不得挪作他用。
建築工程按其造價的＿＿＿％留存；
安裝工程按其造價的＿＿＿＿％留存；
有特殊保修要求的工程由甲乙雙方在《協定條款》中約定留存比例。
5.保修責任，乙方負責維修由於其自身原因形成的質量缺陷，所發生的費用 從質量保修金中支付，不足部分由乙方交付。乙方自接到甲方發給的保修通知之日 起，在兩周內到達現場與甲方共同辨明質量缺陷責任，商議返修內容。屬乙方責任 的，乙方未按期到達現場，甲方應再次通知乙方。乙方在接到再次通知後１周內仍 未到達，甲方可在不提高工程標準的前提下自行返修，所發生的費用按上述辦法支 付。由於設計、使用不當或材料、構件、配件、設備的設計、製造等原因造成質量 缺陷，由責任方承擔保修責任，乙方予以維修發生的費用由甲方給付。對於不可抗 力引起的質量問題，乙方不予承擔責任。
6.乙方的返修方案及工期按第九條約定確定，返修價款按第二十六條約定確 定，質量驗收按第十四條約定進行，所用材料、構件、配件等數量、價格及採購供 應等具體事宜由雙方商定或簽訂協定，甲方應積極予以創造方便條件。
7.退還工程質量保修金，由甲方在保修期滿後２０天內予以結算，將剩餘的 質量保修金及銀行存款利息退還乙方。
第九章爭議、違約和索賠
第三十條爭議
1.甲乙雙方對於契約權益有不同的主張和要求，可通過協商或約定的單位、 人員調解排解。不願通過協商、調解解決或協商、調解不成的，可根據雙方的協定 向有管轄權的仲裁機構申請仲裁；雙方未達成仲裁協定的，可向有管轄權的人民法 院起訴。
2.雙方發生爭議後，除非出現下列情況，雙方都應繼續履行契約，保持施工 連續，保護好已完工程。
契約確已無法履行；
雙方協定停止施工；
調解要求停止施工，且為雙方接受；
仲裁機關要求停止施工；
法院要求停止施工。
第三十一條違約
Construction contract conditions for electric power construction projects
Chapter 1 Word Meaning and Contract File
First word meaning
The text of the "Construction Contract for Electric Power Construction Project" shall be composed of the "Construction Contract Conditions for Electric Power Construction Projects". The terminology of the terms shall be in addition to the terms of the Agreement, and shall have the meanings given in this Article:
1. The contracting party; the parties that have the qualifications of the project contractor and the ability to pay the project price as stipulated in the Agreement Clause.
2. Party A's representative at the construction site: the party that has the qualifications of the project contractor as stipulated in the “Articles of Agreement” and has been accepted by the contractor.
4. Party B's representative at the construction site: Party B's representative in the Terms of the Agreement.
5. Social supervision: The supervision of the project by the project supervision unit or personnel entrusted by Party A and qualified by the “Measures for the Administration of Qualifications of Power Engineering Construction Supervision Units”.
6. Chief Engineer: The chief supervisor of the project appointed by the project supervision unit.
7. Design unit: The design unit entrusted by Party A with the corresponding qualification level as stipulated in the Measures for the Administration of Qualifications of Power Engineering Survey and Design Units.
8. Project cost management department: the relevant departments of the State Council, the construction administrative departments at all levels or the construction project cost management agencies authorized by the above departments.
9. Engineering quality supervision department: Ministry of Power Industry, Electric Power Administration Bureau, Provincial Power Bureau or its quality supervision organization for electric power construction projects set up according to the Interim Provisions on Quality Supervision of Electric Power Infrastructure Construction Project.
10. Project: The permanent project of electric power construction with specific contents as stipulated in the “Agreed Clause”.
11. Contract price: The current quota, material budget price and corresponding fee-taking standard shall be used as the guiding price, which shall be determined through bidding and bidding or by negotiation between Party A and Party B, and shall be used to pay the total amount of the price of Party B's performance of completing the construction of the project.
12. Economic expenditure: The contract price that occurs during construction and is paid by Party A to increase the budget.
13. Fee: The expenses directly paid by Party A in addition to the contract price or the expenses that Party B should bear.
14. Construction period: Both Party A and Party B refer to the contract period of the “Contract Terms” in accordance with the provisions of the power construction project project quota.
15. Date of commencement: The date of commencement of the project as stipulated in the Terms of the Agreement.
16. Completion Date: The date of completion of the project as stipulated in the Terms of the Agreement.
17. Drawings: All drawings provided by Party A or approved by Party A and approved by Party A for construction.
18. Construction site: The site used for construction as determined by Party A, “Construction Organization Design” or “Construction Plan”.
19. Written form: various notices, appointments, entrustments, certificates, visas, memoranda, meeting minutes, letters, confirmed telegrams, telexes, etc., handwritten, typed, photocopied, printed, etc.
20. Force majeure: Natural disasters caused by war, turmoil, falling objects in the air or other non-Participation Party B, fires, and damage caused by wind, rain, and earthquakes as stipulated in the Articles of Agreement.
21. Compensation: The responsible party compensates for the direct and indirect losses of the other party, including the suspension, work, rework, the transfer of personnel and machinery, the backlog of materials and components, the labor costs of the reverse transport, machinery and management fees, etc. And the loss of the available interest, such as interest accrued from the date on which these fees are payable.
22. Quality defects: The project does not meet the relevant technical standards, design files and contract quality requirements of the country or industry.
23. Terms of the agreement: a written agreement signed in accordance with the law after the negotiation between the two parties in conjunction with the specific project.
Article 2 Contract File and Order of Interpretation
1. The contract files should be able to explain each other and explain each other. Unless otherwise agreed in the contract, the composition and order of interpretation are as follows:
Articles of Agreement;
Contract Conditions;
Negotiating, changing, etc., clearing the minutes and agreements of the parties' contractual rights and obligations;
The bid-winning notice, bidding documents and bidding documents of the bidding contracting project;
a bill of quantities or an engineering budget and drawings that determine the cost of the project;
Standards, specifications and other relevant technical materials and technical requirements;
Other files that form part of the contract.
2. When the contract files are ambiguous or inconsistent, they shall be settled through negotiation without affecting the progress of the project; if the opinions of the two parties are still inconsistent, the solution shall be settled in accordance with the provisions of Article 30.
Article 3 Languages, Standards and Applicable Laws Used in Contract Files
1. The contract file is written in Chinese national language. Both parties can agree to use the translation of minority languages according to their needs. The interpretation and explanation of the contract file use Chinese Mandarin.
2. The law applicable to contract files is the national laws and regulations, as well as other industry regulations and agreed local laws and regulations of the Ministry of Power Industry.
3. Construction should use national standards, specifications and power industry standards and norms. When the state or the power industry does not have corresponding standards and specifications, it may stipulate the standards and specifications for the use of other industries or places where the project is located. Party A shall provide Party B with the agreed standards and specifications according to the time and number of copies as stipulated in the Articles of Agreement.
4. When there is no corresponding standard or standard in China, Party B shall submit the construction process according to the time and requirements stipulated in the “Articles of Agreement”, and shall be implemented after approval by Party A's representative; Party A shall require the use of foreign standards and regulations and shall report to the competent department of power industry for approval. Responsible for providing Chinese translations as agreed.
5. The costs of stipulating, translating and formulating standards, specifications and proposing construction techniques shall be borne by Party A.
Fourth drawing
1. Party A shall provide Party B with complete construction drawings and the design depth to meet the construction requirements in accordance with the date and number of shares agreed upon in the Agreement Terms and Conditions before the commencement date, and Party B shall keep the drawings confidential in accordance with the terms of the Agreement. jobs.
2. Party A shall not provide a full set of drawings in accordance with the provisions of Article 4, paragraph 1, and include the name and duration of the drawings that cannot be provided in this article, and ensure that the implementation of the “construction comprehensive progress plan” is met.
3. If Party A has special confidentiality requirements for drawings, Party B shall take appropriate measures to keep it confidential and Party A shall bear the expenses.
4. Party B shall request the increase of the number of drawings, and Party A shall copy and deliver the time as stipulated in the Articles of Agreement, and Party B shall bear the expenses.
5. If Party B fails to receive the drawings provided by Party A, Party B shall notify Party A of the contents, reasons, time and delay of the required drawings or instructions within 5 days. Party A's representative did not reply within 2 days after Party B submitted the notice, and dealt with it according to the second paragraph of Article 7.
6. Party B found that the drawings provided by Party A were incomplete, inaccurate or the design depth could not meet the construction requirements. Party A shall be promptly notified to deal with it as appropriate in accordance with Article 4, paragraph 5, or Article 25, paragraph 1. Party B shall not be found in the above-mentioned defects of the drawings provided by Party A. Party A shall still bear the responsibility according to the provisions of Article 7, paragraph 2 or Article 25, paragraph 4, and pay for the repair, dismantling, alteration, reconstruction, etc. cost.
Chapter II General Responsibilities
Article 5 Representative of Party A
1. Party A appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
A representative of Party A may appoint a specific manager to assume some of his rights and responsibilities and may withdraw such appointment at any time. Both the appointment and the withdrawal shall be notified to Party B 3 days in advance.
The instructions, notices, opinions, approvals, and replies of Party A's representatives shall be signed by the person and submitted to the representative of Party B in writing, and the representative of Party B shall take effect after signing the name on the receipt and the time of receipt. If necessary, Party A's representative may issue an export order and provide written confirmation within 24 hours. Party B's instructions to Party A's representative shall be executed. Party A's representative cannot give a written confirmation in time. Party B shall submit a written confirmation request within 48 hours after Party A's representative gives the export order. Party A's representative will not reply within 2 days after Party B submits the confirmation request, which is deemed to confirm Party B's request. . If Party B considers that Party A's representative order is unreasonable, it shall submit a written notice within 24 hours after receiving the order. Party A's representative shall, within 24 hours after Party B's application, make a modification order or continue to execute the original order, and notify Party B in writing. In case of emergency, Party A's instructions for Party B's immediate execution or Party B's defense, but Party A's decision to continue execution, Party B shall execute. The expenses incurred by the instruction error and the losses caused to Party B shall be borne by Party A, and the delay of the construction period shall be postponed accordingly.
Party A shall provide Party B with the required instructions, requirements, consents, notices, approvals, etc. in accordance with the contract and timely perform other agreed obligations. Otherwise, Party B shall specify the specific requirements, reasons and delays within 24 hours after the agreed time. The consequences shall be notified to the representative of Party A. If Party A’s representative has not responded within 48 hours after Party B’s notice, it shall be deemed as confirmation, consent and approval. Party A shall bear the expenses incurred thereby, and delay the delay of the construction period. Therefore, the loss of Party B caused.
2. Party A shall notify Party B of the scope of the exercise of the rights and performance of the duties of the chief engineer. The chief management engineer performs the duties within the scope of the commissioned authority as agreed.
3. Party A’s representative and chief management engineer are easy to be employed. Party A shall notify Party B 7 days in advance. The latter will continue to assume the responsibility of the predecessor.
Article 6 Representative of Party B
1. Party B appoints the representative at the construction site to exercise the contractual rights in accordance with the following requirements and perform the duties stipulated in the contract:
Party B's request, application and notice shall be signed by Party B in writing and sent to Party A's representative. Party A's representative shall sign the name on the receipt and the time of receipt will take effect.
The representative of Party B shall organize the construction according to the “construction organization design” agreed by the representative of Party A, issue instructions and requirements according to the contract, and may take emergency measures to ensure the safety of the project and personnel life and property in case of emergency and unable to contact with the representative of Party A. And submit a report to the representative of Party A within 24 hours after taking the measure. Responsibility is in Party A. Party A shall bear the expenses incurred as a result, and the construction period shall be postponed accordingly; the responsibility shall be in Party B, and Party B shall bear the expenses.
2. Party B shall represent Party A and shall notify Party A 7 days in advance, and the latter shall continue to assume the responsibility of the predecessor.
Article 7 Party A's work
1. Party A shall complete the following work in accordance with the time and requirements as stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
Handling land acquisition, renting, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that the construction site has construction conditions, and continue to be responsible for solving the remaining problems after the start of construction.
The water, electricity and telecommunications lines required for construction shall be received from the outside of the construction site to the agreed place of the “Contract Terms” and the needs during the construction period shall be guaranteed.
The opening of the construction site and the urban and rural public roads, as well as the main traffic trunks in the construction site as stipulated in the Agreement, shall be maintained to meet the needs of construction and transportation, and ensure the smooth flow during the construction period.
Provide Party B with the engineering geological and underground pipeline network data of the construction site to ensure the authenticity of the information.
Handling all kinds of documents, approval documents and temporary land use for construction, approval of roads and transportation, and approval of railway special lines, and conclude agreements with relevant parties on the need for cross-railway and highway communication lines.
Submit the benchmark point and coordinate control point to Party B in writing and conduct on-site inspection.
Party B and the design unit shall conduct the drawing review and submit the design to B, and shall verify the budget of the construction drawing in a timely manner.
Coordinate the treatment of underground pipelines and adjacent buildings and structures around the construction site, and bear the relevant costs.
According to the contract and the time specified in the “Construction Comprehensive Progress Plan”, Party B shall provide the construction site for the contracted installation project to ensure that the site and buildings, structures, structures and foundations meet the requirements for installation and construction.
Coordinate the construction operations of each construction enterprise on the construction site to deal with relevant issues in a timely manner.
2. If Party A fails to perform the above obligations in accordance with the contract, it shall bear the expenses incurred thereby, and compensate Party B for the losses caused thereby, delaying the construction period and delaying accordingly.
3. Party A shall entrust Party B to complete one of the above tasks, and shall bear the economic expenses incurred and pay the corresponding expenses of Party B.
Article 8 Party B's work
1. Party B shall complete the following work in accordance with the scope, time and requirements stipulated in the “Regulations on Construction Site Construction” and the “Articles of Agreement”:
Within the scope permitted by the design qualification certificate, the detailed design of the construction drawing design, construction design or construction required by the representative of Party A shall be completed and approved by the representative of Party A.
According to the agreement, the representative of Party A will provide the annual, quarterly and monthly project progress plan and engineering project plan and related statistical reports.
Set the lighting, fences and guards used for construction according to the needs of the project, and repair the safety and protection facilities. If Party B fails to perform the above obligations, causing engineering, property and personal injury, Party B shall bear the responsibility.
According to the quantity and requirements stipulated in the Articles of Agreement, the representatives of Party A shall be provided with the houses and facilities that work and live on the construction site, and the expenses incurred shall be borne by Party A.
Take effective measures to implement the management regulations for construction site traffic and environmental protection by local governments and relevant departments. Due to technical and economic constraints, if the pollution of the environment cannot be controlled within the prescribed range, Party A shall, in conjunction with Party B, report to the local government for approval. The above fees shall be borne by Party A, except for the fines caused by Party B's liability.
Before the completed project is delivered to Party A, Party B may be entrusted by Party A for custody. Party B shall be responsible for the protection work in accordance with the provisions of the Agreement, and the damage shall be damaged if it is not properly protected. Party B shall repair it at its own expense. The location of the unit project and the corresponding economic expenditures required by Party B to take special measures shall be stipulated in the Articles of Agreement. Party A shall be liable for any damage or other problems that occur after Party A uses it in advance or after unauthorized use.
According to the requirements of the contract, the underground pipelines and adjacent buildings and structures at the construction site shall be protected.
Ensure that the construction site is clean. Before the handover, the site shall meet the requirements for the contract file, and shall bear the losses and fines caused by violation of relevant regulations, except for the provisions issued after the contract is signed and the losses and penalties caused by non-Party B reasons.
2. Party B did not fulfill the above obligations in accordance with the contract. To bear the expenses incurred and compensate Party A for the economic losses suffered.
Chapter III Construction Organization Design and Construction Period
Article 9 Progress Plan
1. Party A shall provide Party B with preliminary design files, construction drawings, construction organization design outline and “supply materials, design plans” and “providing civil engineering projects” within 3 days after the conclusion of the contract. Party B shall construct the construction according to the electric power. The relevant provisions of technical management and the provisions of the "Agreed Clause" shall be formulated as "construction organization design" and "construction comprehensive progress plan", and shall be submitted to Party A representatives before the start of construction. Party A fails to provide the information it should provide and shall deal with it in accordance with the provisions of Article 7(2). Party B did not submit the “construction organization design” and “construction comprehensive progress plan” as scheduled, and dealt with it according to the second paragraph of Article 8.
2. The consent of the Party A representative to Party B's “construction organization design” and “construction comprehensive progress plan” shall be answered within the time limit stipulated in the “Articles of Agreement”. If it is overdue, it may be deemed as agreed. The “construction organization design” and “construction comprehensive progress plan” agreed by Party A are contract files and should be followed together.
3. Party B shall organize the construction according to the “construction organization design” and “construction comprehensive progress plan” agreed by Party A, and accept the inspection and supervision of the representative of Party A. If the actual progress of the project is inconsistent with it, Party B shall propose improvement measures according to the requirements of Party A's representative and submit it to Party A for approval. For major construction technical measures, Party B shall report to Party A for review and approval, and Party A shall bear the special construction technical measures.
Article 10 Delayed construction
1. Party B shall commence construction in accordance with the terms of the Agreement and the commencement date and commencement conditions determined by the “Construction Comprehensive Progress Plan”. If it is unable to commence construction as scheduled, it shall, within 5 days prior to the agreed commencement date, file an extension with Party A’s representative. Reasons and requirements. The representative of Party A shall reply within 3 days after Party B requests to postpone the commencement of work. If the applicant fails to reply within the time limit, it shall be deemed to have agreed to Party B's request for extension of construction.
2. Party B's delayed commencement of work has not been approved by Party A's representative in accordance with the provisions of Article 10, paragraph 1, and the date of completion is not extended.
3. Party B shall request the extension of the construction to obtain the consent of the representative of Party A due to Party A's reasons, or Party A shall obtain the consent of Party B to delay the commencement date, and Party A shall bear the expenses and losses of Party B, and shall accordingly extend the construction period.
Article 11 Suspension of construction
1. Party A's representative may request Party B to suspend the construction if it is necessary, and shall submit a handling opinion within 24 hours after the request for suspension. Party B shall stop the construction according to the suspension request of Party A's representative, properly protect the completed project, and submit the request for resumption of work to Party A's representative, and continue construction after approval.
2. Party A's representative did not submit a handling opinion within the agreed time, or did not reply within 24 hours after Party B's request for a return to work, Party B may return to work on its own. If Party B's construction cannot be carried out, it shall be handled in accordance with the provisions of Article 7, paragraph 2.
3. Suspension of construction for non-Party B reasons, Party A shall bear the economic expenditure, and correspondingly extend the construction period; the responsibility for the suspension of work shall be at Party B, and Party B shall bear the expenses incurred.
Article 12 Delay in construction period
1. Delays in the completion date due to the following circumstances shall be confirmed by the representative of Party A, and the construction period shall be postponed accordingly.
Engineering quantity change or design change;
Within one week, non-Party B caused water cuts, power outages, and air cuts to cause more than 8 hours of downtime;
The agreement agreed in the contract or the consent of Party A agrees to give other circumstances to the extension of the construction period.
2. Within 5 days after the above situation occurs, Party B shall report to the representative of Party A on the content of the delay and the expenses incurred. Party A shall approve or propose the amendment within 3 days after the report is submitted by Party B. The report was approved by Party A.
Article 13
1. The construction needs to be completed in advance, and the two parties will sign an “early completion agreement” after the agreement, and the contract completion date will be advanced. The “early completion agreement” should include the following main elements:
Advance time;
The rushing measures taken by Party B;
The conditions provided by Party A for the rush to work;
Economic expenditures and commitments for the hurrying measures;
The sharing of early completion income.
2. Party B shall amend the construction progress plan according to the “early completion agreement” and submit it to the representative of Party A for approval. The representative of Party A shall give a reply within 5 days after Party B submits the construction progress revision plan, and if it is not approved within the time limit, it shall be deemed as approved.
Chapter IV Quality and Acceptance
Article 14 Inspection and rework
1. Party B shall, according to the corresponding technical specifications for electric power construction, construction and acceptance, the agreed standards, design requirements, and the instructions of Party A to issue instructions according to the contract, accept the inspection and inspection of Party A and its delegates at any time, and provide convenience for inspection and inspection. Rework and modification shall be carried out according to the requirements of Party A's representative and its delegates, and the expenses for rework and modification caused by their own reasons shall be borne. The economic expenses incurred by Party A due to incorrect correction or other non-Party B reasons for rework or modification shall be borne by Party A and the construction period shall be postponed accordingly.
2. After the above inspections are passed, it is found that the quality problems caused by Party B are still responsible by Party B.
3. The above inspections shall be carried out in accordance with the provisions on construction quality inspection and assessment standards for electric power construction projects, and shall be carried out without prejudice to normal construction. If the normal construction is affected, unless the quality of the inspection is unqualified, the expenses incurred shall be borne by Party A. The corresponding extension period.
Article 15 Quality Rating
1. The quality of the project shall meet the qualified conditions stipulated in the agreed construction quality inspection and assessment standards. Party A requires that some or all of the project quality meets the excellent standards, and the increased economic expenditure should be paid. The impact on the construction period should be extended accordingly.
2. If the project fails to meet the agreed quality conditions, Party A's representative may request Party B to rework as soon as it is discovered. Party B shall rework according to the time required by Party A's representative until the contract is fixed. If Party B fails to meet the agreed conditions, Party B shall bear the cost of rework and the construction period will not be postponed. After rework, the agreed conditions cannot be met, and Party B is liable for breach of contract.
3. Due to non-Party reasons such as design or materials, components, fittings, equipment, etc., the project will not be repaid, and Party B will be re-employed. The revised economic expenditure will be borne by Party A, and the construction period will be postponed accordingly. If Party B is unable to modify it, it shall be approved by Party A's representative, and this part may not be included in the assessment quality level.
4. Both parties have disputes over the quality of the project and may deal with it in accordance with Article 30.
Article 16 Concealed works and intermediate acceptance
1. The project or part that requires intermediate acceptance shall stipulate its name, acceptance time, requirements and the convenience conditions that Party A shall provide in the Terms of the Agreement.
2. The project shall have coverage, cover conditions or meet the agreed intermediate acceptance site. Party B shall notify Party A's acceptance 48 hours before concealment or intermediate acceptance after passing the self-inspection and prepare the acceptance record. The notice includes the contents of Party B's self-inspection record, concealment and intermediate acceptance, and the time and place of acceptance. After the acceptance is passed, the representative of Party A will sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B shall re-inspect it after modification within a limited time.
3. The quality of the project meets the requirements of the specification. After 24 hours of acceptance, Party A's representative will not sign the acceptance record, which can be regarded as the approval of Party A's representative, and Party B can conceal or continue construction.
Article 17 Divisional trial operation
1. The project shall have the conditions for trial operation of the branch, and shall be subject to the trial operation of the start-up and completion acceptance procedures of the electric power construction project. Except for the agreement made by the equipment manufacturing and the self-commissioning of the supplier, the branch trial operation shall be undertaken by Party B, and the division trial operation plan and measures shall be prepared and submitted to the representative of Party A for approval. Party A's representative shall approve or propose amendments within 7 days after Party B submits the plan. If it is not approved within the time limit, it shall be deemed as approved by Party A's representative.
2. Party B shall notify Party A to participate in the 48 hours before the trial operation of the branch. Party A's representative may not participate in the trial operation on time and may entrust another person's plenipotentiary in writing. The non-probability of Article 37 shall not be postponed.
3. The adjustment test record of the trial operation of the division shall be made by Party B and the commissioning unit, and the representative of Party A shall sign on the record as the basis for quality acceptance and complete set-up.
4. Since Party B failed to meet the acceptance requirements due to Party B's reasons, Party A's representatives proposed amendments within 24 hours after the trial operation, and Party B revised the trials according to their opinions.
5. The representative of Party A did not participate in the trial operation of the division and did not entrust another person to act, or the trial shipment did not propose amendments within the agreed time. The trial shipment was not signed and accepted. The trial operation record will take effect 24 hours after the end of the trial operation. Party A shall acknowledge Party B can continue construction and can handle the relevant procedures accordingly.
6. Equipment and systems that have passed the trial operation of the branch may be handed over to Party A for safekeeping, operation and maintenance as the production or trial operation needs to continue to operate.
7. The divisional trial freight shall be borne by Party A in addition to those already included in the contract price or otherwise stipulated in the Agreement.
8. Due to non-Party B, such as design, equipment manufacturing, improper operation, etc., the trial operation fails to meet the acceptance requirements. Party B or Party B cooperates with the responsible party to dismantle, repair, reinstall, the costs incurred, and the repurchase of materials, equipment, and freight. All shall be settled by Party A and the responsible party after the meeting, and the delay of the construction period shall be postponed accordingly.
Article 18 Acceptance and re-inspection
1. The acceptance conditions for individual projects, unit projects, sub-projects, and sub-projects shall be subject to inspection and acceptance as scheduled. Party B shall submit an “acceptance notice” 48 hours before the acceptance, and notify Party A to participate in the acceptance. The notice includes the content and time of the acceptance. Location, attached to Party B's self-inspection record.
2. Party A's representative can't participate in the acceptance on time and can entrust another person to act in writing, or submit an extension request to Party B 24 hours before the acceptance, and the extension cannot exceed two days. Otherwise, Party B may organize its own acceptance, and Party A shall acknowledge that its acceptance record is valid.
3. Regardless of whether or not the representative of Party A participates in the acceptance, when it requests the re-inspection of the concealed project, Party B shall conduct the excavation as required and re-cover or repair it after the inspection. If the inspection is qualified, Party A shall bear the economic expenses incurred thereby, compensate Party B for the losses and extend the construction period accordingly. If the inspection is unqualified, Party B shall bear the expenses incurred and the construction period shall be postponed.
Chapter V Contract Price and Payment
Article 19: Contract price and adjustment
1. When signing the "Agreement Terms", both parties will exchange their performance guarantee letters issued by their respective bank accounts to ensure that they will perform the payment according to law and will be refunded after the expiration of the warranty period.
2. The contract price shall be stipulated in the "Articles of Agreement", and the payment shall be settled according to the "Measures for Settlement of Construction Project Price" and "Specific Provisions on Completion and Settlement for Capital Construction Projects". No party may change without authorization, and one of the following circumstances may be adjusted. .
The amount of work confirmed by the representative of Party A is increased or the amount of work approved by Party A's representative and approved by Party B's representative is reduced.
A design change or project negotiation confirmed by the representative of Party A.
Price adjustment announced by the project cost management department.
Other additions, subtractions or adjustments to the contractual agreement.
3. The scope of the contract price adjustment can be agreed in the Agreement Terms.
4. Party B shall, within 10 days after the occurrence of the conditions stipulated in the second paragraph of Article 19, adjust the amount of the price adjustment according to the first paragraph of Article 26 or according to the price adjustment of the project cost management department. The reasons and amount of the adjustment shall be notified to the representative of Party A in writing. Party A's representative shall, within 5 days after Party B submits the notice, approve and notify the handling bank and Party B, or propose amendments and reasons. If the overdue is not answered, it shall be deemed as approval by Party A and shall be settled according to the payment.
Article 20 Prepayment of construction funds
1. Party A shall prepay the construction cost to Party B according to the time and amount stipulated in the “Articles of Agreement”, and deduct it from the time and proportion as scheduled.
2. Party A fails to make payment according to the first paragraph of Article 20. Party B shall submit a “Notice of Request for Payment” to Party A's representative 7 days after the agreed payment date. Party A shall not pay according to the requirements after Party B submits the notice, and Party B may submit After the notice, the construction shall be temporarily suspended, and shall be handled in accordance with the provisions of the second paragraph of Article 7, and Party A shall pay the late payment due from the date of payment.
Article 21 Verification of the quantity of work
1. Party B shall submit a “Completed Project Report” to the representative of Party A for confirmation according to the time stipulated in the “Articles of Agreement”. Party A's representative shall verify and verify the completed quantity according to the design drawings within 3 days after Party B submits the report. If it is not measured within the time limit, it shall be deemed that Party A's representative has confirmed the amount of work listed in Party B's report and also paid as construction cost. Basis.
2. Party A shall notify Party B to send personnel to participate 24 hours before the measurement, and Party B shall provide convenience for measurement. Party A did not issue a notice as agreed to prevent Party B from participating in the measurement, and Party A’s self-measurement was invalid. If Party B fails to participate in the measurement without proper reasons, Party A's self-measurement results are valid, which is the basis for payment of the project price.
3. The representative of Party A shall not measure the amount of work that Party B has exceeded the requirements of the drawings and the amount of work that is reworked due to its own reasons.
Article 22 Payment of construction funds
1. Party B shall, in accordance with the time and method agreed upon in the Articles of Agreement and the amount of work confirmed by the representative of Party A, calculate the price of the completed project based on the unit and the fee collection standard of the corresponding project constituting the contract price, and prepare the “Project Settlement Bill” representative of A. The representative of Party A shall issue a visa within 5 days after Party B submits the “Project Settlement Bill” and notify the handling bank to pay.
2. If Party A’s settlement bill is overdue for Party B’s settlement, or Party B’s failure to pay due to Party A’s reasons, Party B may issue a “Notice of Payment” to Party A’s representative. Party A still fails to comply with the request 5 days after the notice is given. If the payment is made, Party B may suspend the construction and deal with it according to the provisions of Article 7. Party A shall repay the interest payable on the project payment. The interest shall be calculated at the agreed interest rate from the 11th day of the measurement signature.
Chapter VI Supply of Materials and Equipment
Article 23 Party A supplies materials and equipment
1. Party A shall supply materials and equipment to Party B in accordance with the terms of the Agreement, and the types, specifications, models, quantities, units, quality grades, and time and place of materials and equipment supplied shall be in accordance with the list, and materials and equipment shall be provided to Party B. Quality certification.
2. Party A shall notify Party B to accept and receive the materials at the agreed time before providing materials and equipment. If the damage is lost after the experience is received or received, Party B shall repair and compensate.
3. The materials and equipment supplied by Party A are inconsistent with the provisions of the Agreement, the contract file provisions or the list, and are handled separately as follows:
The unit price of materials and equipment does not match, and Party A bears all the price differences.
If the materials, equipment types, specifications and quality grades do not match, Party B may refuse to accept and keep them, and Party A shall ship them out of the construction site and re-purchase. If the equipment cannot be unpacked when it arrives, it can only accept the quantity of the box. The subsequent unpacking inspection will be carried out jointly by Party A and Party B. If there is any missing item, Party A will be responsible for making up the compensation. If the quality level and specifications are not consistent, Party A will re-purchase. .
If the type, specification and model of the materials do not match, Party B may change the batch on behalf of Party A, and Party A shall bear the corresponding economic expenditure.
If the equipment is defective, Party A may entrust Party B to handle it, and Party A shall pay the expenses incurred.
If the arrival location does not match, Party A will be responsible for the shipment to the designated location.
If the supply is insufficient, Party A will make up the amount; if the supply is excessive, Party A will ship the excess part out of the construction site.
The supply time is advanced, and Party A is responsible for custody or payment and entrusts Party B to keep it.
4. If Party B fails to inspect, receive, and receive materials or equipment to cause losses to Party A, it shall be dealt with in accordance with the provisions of Article 8, paragraph 2.
5. After the inspection by Party B, it is found that the materials and equipment supplied by Party A are inconsistent with the specifications and quality, and Party A shall still bear the economic expenses of re-purchasing, dismantling and reconstruction.
6. Party A fails to comply with the terms of the Agreement, the provisions of the contract file and the list of materials, equipment, or the supply time is delayed, or the circumstances as stipulated in Article 23, paragraph 3, and Article 23, paragraph 5, cause Party B. If the construction is delayed, it shall be handled in accordance with the second paragraph of Article 7.
Article 24 Party B purchases materials and equipment
1. Party B shall, in accordance with the terms of the Agreement, purchase materials, equipment or non-standard equipment required for the project in accordance with the requirements of the design and specifications, and provide proof of product quality.
2. Party A entrusts Party B to unload, store materials, equipment and prepare non-standard equipment and equipment for the processing. It shall stipulate the rights and obligations of both parties in the Articles of Agreement, or make an agreement, and pay a certain amount of advance payment.
3. Before the materials and equipment arrive at the goods, Party B shall notify Party A's acceptance and acceptance according to the agreement. Party A may not accept the inspection on time, which may be regarded as acceptance. Party B shall accept the acceptance by itself.
4. The method for adjusting the spread of materials and equipment purchased by Party B shall be stipulated in the Articles of Agreement.
5. The materials, equipment or non-standard equipment purchased by Party B are inconsistent with the design and specification requirements. The representative of Party A refuses to accept the inspection. Party B shall be transported out of the construction site at the time required by Party A’s representative to re-purchase the products that meet the requirements. The expenses incurred will not be postponed.
6. Regardless of whether Party A is present at the acceptance, after the acceptance, it is found that the materials and equipment do not meet the design and specification requirements, and Party B will still repair or dismantle and re-purchase, and bear the expenses incurred to compensate Party A for the losses. The delay in the construction period will be delayed accordingly.
7. According to the needs of the project, Party B may use the substitute materials upon approval by the representative of Party A. For reasons of Party A's use, Party A shall bear the economic expenses incurred, and Party B shall bear the expenses incurred by Party B.
Chapter VII Design Changes
Article 25 Design Changes
1. Party B shall implement the relevant technical specifications for construction and acceptance of electric power construction and construction technology, and strictly follow the construction of the drawings. It shall find that the design errors and omissions shall not be mistaken or repaired without authorization, and shall promptly submit an application for change design to Party A.
2. Party A shall change the original design or agree to Party B's application for change design, and shall submit it to the original design unit for review, modification, and supplement according to the time limit stipulated in the “Articles of Agreement”, and obtain corresponding drawings and explanations for major design changes and major designs. The change shall also obtain the approval of the relevant department, additional investment and materials indicators, and then send Party B a design change notice, otherwise Party B has the right to refuse the change.
3. Party B shall notify the construction according to the design change and make the following changes:
Increase or decrease the amount of work agreed upon in the contract;
Change the nature, quality and specifications of the relevant project;
Alter the elevation, baseline, location and size of the relevant part;
Add additional work required for the project;
Change the construction time and sequence of the project.
4. The economic expenses and the losses of Party B caused by the above changes shall be borne by Party A, and the delay of the construction period shall be delayed accordingly.
Article 26 Determination of the price of the change
1. After the change as agreed in Article 25 occurs, within the time limit stipulated in the Articles of Agreement, Party B shall propose the price change according to the method of the column, and adjust the contract price and the date of completion after approval by Party A's representative.
The price applicable to the change project in the contract is calculated according to the existing price of the contract, and the price of the contract is changed;
There is only a price similar to the change in the contract, which can be used as the basis for determining the price of the change to change the contract price;
There is no applicable and similar price in the contract, and Party B proposes an appropriate price change.
2. Party A's representative shall approve it within 5 days after Party B submits the price change opinion, or propose amendments and reasons. If it is not approved within the time limit, it shall be deemed as approval by Party A.
3.乙方對於甲方代表不批準其變更價格意見持有抗告，可提請總監理工程師 予以評定、提請約定的工程造價部門予以裁定，不服裁定則可 按第３０條約定處理。
第八章竣工與結算
第二十七條竣工驗收
1.工程具備竣工條件，乙方按電力建設施工及驗收技術規範等規定向甲方代 表提交“竣工驗收報告”申請驗收。甲方代表在乙方申請驗收後１０天內組織有關 部門進行驗收，驗收５天內給予批準或提出修改意見。乙方按要求修改，承擔由於 自身原因造成修改所發生的費用。甲方承擔非乙方原因造成修改所發生的費用及因 此給乙方造成的損失，延誤的工期予以順延。
2.整套啓動試運驗收，執行電力建設工程啓動及竣工驗收規程等規定，由甲 方承擔整套啓動試運驗收的組織工作，全面處理試運驗收中發生的問題。乙方參與 有重大影響項目的整套啓動調試方案和措施的製定，在啓動調試中負責其施工項目 的維護、檢修、消除缺陷。
3.乙方參加整套啓動試運的工日及酬金，經甲方雙方參照調試工期定額和相 應的取費標準商定，由甲方予以支付。契約中另有約定、已包含在契約價款的除外。
4.竣工日期為乙方提交“竣工驗收報告”之日，需修改後才能達到竣工要求 的，應為乙方修改後經甲方驗收之日。
5.甲方未按如上日期組織驗收，應從約定期限最後１天的次日起承擔工程保 管費用。
6.按建設項目檔案資料管理的有關規定，乙方在整套啓動試運驗收後４５天 內，將竣工圖等完整竣工資料交甲方。
7.工程移交後實行試生產的，火電項目期限６個月，不得延長。試生產利潤， 甲乙雙方按約定分享。
8.由於設計、設備或系統等不屬於乙方原因使個別項目不能全部投入，應在 啓動試運驗收記錄上寫明原因，由甲方負責在驗收後組織完成。
9.機組經７２小時試運後，由於系統負荷需要等原因不能停機，則免去其後 的規定試運時間，即告整套啓動試運驗收完成。
10.零星土建工程和少數非主要設備未按設計規定的內容全部建成，但不影 響正常生產，已符合竣工驗收標準的，應辦理竣工驗收手續，由承包該施工項目的 乙方負責在整套啓動試運驗收後完成，期限不得超過６個月。
11.由於特殊原因，部分單位工程和部分須甩項竣工時，雙方訂立甩項竣工 協定，明確各方責任。
12.甲方代表在乙方提交“竣工驗收報告”後１０天內無正當理由未組織驗 收，或驗收後５天內未予批準且未提出修改意見，即視為此“竣工驗收報告”經甲 方代表批準，應據以辦理結算手續。
第二十八條竣工結算
1.竣工報告批準後，乙方按建設工程價款結算辦法等有關規定和《協定條款》 約定的時間、方式，向甲方代表提交“竣工結算報告”。甲方代表在乙方提交報 告後５天內予以批準並將撥款通知送經辦銀行辦理竣工結算，或提出修改意見及理 由。乙方收到工程款後１５天內將竣工工程交付甲方。
2.甲方違反有關規定或約定未如約辦理竣工結算，或經辦銀行由於甲方原因 未支付工程款，乙方或留置部分或全部工程，予以妥善保護，由甲方給付保護費用， 承擔違約責任，並按約定的利率償付拖欠工程款的利息。
第二十九條保修
1.執行電力建設工程啓動及竣工驗收規程、工程質量管理辦法等規定，乙方 對竣工交付使用的工程所存在的質量缺陷負責維修。
2.保修項目、內容、範圍，由甲乙雙方在《協定條款》中約定。
3.保修期，整體工程或其中分單項、單位、分項、分部驗收交付的工程，均 從移交甲方之日起分別計算保修期。
建築工程保修期：
①建築物、構築物的土建工程為１年，其屋面防水工程為３年；
②建築物的電氣管線、上下水管線安裝工程為６個月；
③建築物的供熱、供冷工程為１個採暖期、供冷期；
④室外的上下水、道路等公用工程為１年。
安裝工程保修期為１年。
其他有特殊要求的工程，保修期限由甲乙雙方在《協定條款》中約定。
4.質量保修金，由甲方從其給付乙方的工程結算款中劃撥，存入《協定條款》 約定的工程質量監督機構在銀行開設的專門帳戶，任何單位和個人不得挪作他用。
建築工程按其造價的＿＿＿％留存；
安裝工程按其造價的＿＿＿＿％留存；
有特殊保修要求的工程由甲乙雙方在《協定條款》中約定留存比例。
5.保修責任，乙方負責維修由於其自身原因形成的質量缺陷，所發生的費用 從質量保修金中支付，不足部分由乙方交付。乙方自接到甲方發給的保修通知之日 起，在兩周內到達現場與甲方共同辨明質量缺陷責任，商議返修內容。屬乙方責任 的，乙方未按期到達現場，甲方應再次通知乙方。乙方在接到再次通知後１周內仍 未到達，甲方可在不提高工程標準的前提下自行返修，所發生的費用按上述辦法支 付。由於設計、使用不當或材料、構件、配件、設備的設計、製造等原因造成質量 缺陷，由責任方承擔保修責任，乙方予以維修發生的費用由甲方給付。對於不可抗 力引起的質量問題，乙方不予承擔責任。
6.乙方的返修方案及工期按第九條約定確定，返修價款按第二十六條約定確 定，質量驗收按第十四條約定進行，所用材料、構件、配件等數量、價格及採購供 應等具體事宜由雙方商定或簽訂協定，甲方應積極予以創造方便條件。
7.退還工程質量保修金，由甲方在保修期滿後２０天內予以結算，將剩餘的 質量保修金及銀行存款利息退還乙方。
第九章爭議、違約和索賠
第三十條爭議
1.甲乙雙方對於契約權益有不同的主張和要求，可通過協商或約定的單位、 人員調解排解。不願通過協商、調解解決或協商、調解不成的，可根據雙方的協定 向有管轄權的仲裁機構申請仲裁；雙方未達成仲裁協定的，可向有管轄權的人民法 院起訴。
2.雙方發生爭議後，除非出現下列情況，雙方都應繼續履行契約，保持施工 連續，保護好已完工程。
契約確已無法履行；
雙方協定停止施工；
調解要求停止施工，且為雙方接受；
仲裁機關要求停止施工；
法院要求停止施工。
第三十一條違約
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