Port engineering construction contract

Contract number: _________

project name:_________

Party A: _________

Party B: _________

Party A _________ is the construction of the _________ project, accepting Party B's _________ bid for the project, in order to clarify the responsibilities, rights and obligations of both parties, the following agreement is signed by both parties:

Chapter 1 Contract Agreement

1. The nouns and terms used in this Agreement are the same as those specified in the contract terms mentioned below.

2. The following files constitute the inseparable whole of the entire contract. Each file is complementary to each other. If there are any ambiguities or inconsistencies, the following order shall prevail.

A memorandum of agreement between the parties or a memorandum signed by both parties during the contract;

Contract agreement;

Memorandum of contract negotiation signed by both parties;

Contract-specific terms;

General terms of the contract;

Successful bidding notice, tender and invitation to bid;

Other files related to this contract.

3. The total price of this contract is RMB _________ yuan.

4. The construction period of this contract project is _________ months or: from _________ years _________ months _________ days to _________ years _________ months _________ days.

5. Party A and Party B hereby make a contract: Guarantee to assume and perform all their respective responsibilities and obligations in accordance with the terms of this contract.

6. This Agreement shall become effective after it has been signed by the legal representatives of the two parties or their authorized agents and affixed with the official seal. The project is completed after acceptance, the warranty period expires, the total contract price and the warranty are settled and the contract is terminated.

7. The original of this Agreement is two copies, each party holds one copy and has the same legal effect; a copy of _________ copies, each party holds _________ copies, and when the copy is inconsistent with the original, the original shall prevail.

Chapter II General Terms of the Contract

First word definition

In this contract, the following terms and terms shall have the meanings specified in this article, unless otherwise agreed in the contractual terms:

1. Party A: Refers to the parties that have the contractual qualifications and the ability to pay the project price. Also known as the contractor.

2. Party A's representative: Refers to the representative who is authorized by Party A to perform the contract and make a decision on behalf of Party A.

3. Party B: Refers to the party that has the contractual subject qualification and is accepted by Party A to undertake the construction of this contract. Also known as the contractor.

4. Party B: Refers to the representative authorized by Party B to perform this contract. Also known as the project manager.

5. Project supervision: Refers to the water transport project supervision unit entrusted by Party A with the corresponding engineering supervision qualification level, and supervises and manages the construction of the project within the scope authorized by Party A.

6. Supervising engineer: Refers to the representative appointed by the engineering supervision unit to be responsible for the construction supervision of this contract. Also known as the construction director.

7. Quality supervision station: refers to the quality supervision organization of water transport engineering authorized by the traffic authorities at all levels.

8. Design unit: refers to the unit that is entrusted by Party A and has the corresponding qualification level and undertakes the engineering design of this contract.

9. Project: Refers to the permanent works within the scope of the contract as stipulated in the contractual special terms and the temporary works for the permanent engineering and the repair works for the engineering defects during the warranty period.

10. Technical standards: Refers to technical specifications, standards and procedures.

11. Design file: All drawings and technical materials used for construction provided by Party A or submitted by Party B for approval.

12. Contract period: refers to the entire period from the effective date of this contract to the expiration of the contract engineering warranty, and the settlement period of the contract between Party A and Party B, including the construction preparation period, construction period and project warranty period.

13. Construction period: refers to the period from the date of commencement of work specified in the commencement order to the date of completion of the project. The project requiring phase acceptance shall be the construction period of the phase acceptance project.

14. Warranty period: refers to the warranty period agreed in this contract from the date of completion of the project.

15. Contract price: refers to the method and method agreed upon in the contract, which is used to pay the total amount of the price of the project completed by Party B in accordance with the contract.

16. Warranty: refers to the repair of any construction defects within the scope of the contract during the warranty period of this contract, and the amount deducted by Party A in Party B's construction cost according to the contract.

17. Force Majeure: Refers to explosions and fires caused by war, turmoil, falling objects in the air or the responsibility of non-Party B, and damage to the project caused by wind, waves, snow, rain, earthquakes, floods, ice and tsunami above the agreed level in the contract. Natural disasters.

18. Completion acceptance: Party B shall complete the acceptance of the project to Party A upon completion of the contract. The project that needs to be delivered at the stage, the stage acceptance is the acceptance of the project handed over to Party A by Party B in accordance with the contract.

19. Day: Refers to the calendar day. The year, month and day are calculated in the Gregorian calendar.

20. Written form: refers to the expressions of handwritten, typed or printed, including telegrams, telexes and faxes, for various notices, letters, minutes and entrustments.

Second contract file

1. Contract file: The contract files are explained and explained to each other. Unless otherwise agreed in the contractual terms, the composition and order of interpretation are as follows:

A memorandum of agreement between the parties or a memorandum signed by both parties during the contract;

Contract agreement;

Memorandum of contract negotiation signed by both parties;

Contract-specific terms;

General terms of the contract;

Successful bidding notice, tender and invitation to bid;

Other files related to this contract.

2. Design file: Party A shall provide Party B with design drawings, design specifications and other design materials within 14 days after the signing of the contract in accordance with the number of copies agreed in the contractual terms. Party B shall not provide the design file to a third party without the consent of Party A. If part of the contract is designed by Party B, Party B shall submit the relevant design files and drawings to Party A for approval according to the time and number of copies agreed upon in the contract.

3. Supplementary design files: In order to meet the correct implementation of the project or to complete the repair of its defects, Party A may submit supplementary design files and notices within the scope of the contract, and Party B shall accept and execute it.

Article 3

The specific work content, scope and project boundaries to be implemented in this contract may be separately agreed.

Article 4 technical standards

1. Use of technical standards: The construction of this contract project, the implementation of the technical standards issued by the Ministry of Communications and the technical standards and requirements put forward by Party A in the tender.

2. Replacement of technical standards: If there are no provisions in the technical standards issued by the Ministry of Communications that are suitable for the characteristics of the project, other technical standards agreed in the special terms may be used. If Party A requires the use of foreign technical standards, Party A shall provide Chinese translation. If the engineering structure or construction process is special and there is no corresponding technical standard, Party A shall submit technical standards, or Party B shall submit corresponding technical standards according to design requirements and construction capabilities, and shall be implemented after Party A's examination and approval.

Article 5 Languages, regulations and contact information

1. Language: The writing or interpretation of the contract file and the files of both parties are in Chinese. If a minority language is to be used as a supplementary language, it should be agreed in the contractual special clause, but when the two texts are objectionable, the Chinese text shall prevail.

2. Regulations: The regulations applicable to this contract are the laws, regulations and regulations of the State, as well as the regulations stipulated in the relevant regulations and contract-specific provisions promulgated by the Ministry of Communications.

3. Contact information: During the implementation of this contract, all links between the parties involved in the project shall be in writing. In case of emergency, it can be stated orally, but it should be confirmed in writing within 48 hours afterwards.

Article 6 Party A’s Responsibility

Party A shall bear the following responsibilities in accordance with the relevant provisions of this contract.

1. Provide site conditions: responsible for land, water requisition, compensation for young crops, trees, house demolition, clearing ground, underground, overhead, water and underwater obstacles. The construction site shall be provided to Party B according to the time, location, area and elevation as agreed in the contractual special terms.

2. Providing water and electricity and traffic conditions: Responsible for opening roads between public passages and construction sites according to the time and place agreed in the special terms of the contract, providing water supply, power supply, communication and other line contacts and temporary berthing waters of construction vessels, and ensuring smooth flow during construction. .

3. Provide construction conditions: handle all kinds of formalities required for construction such as land acquisition red line, navigation notice, dumping area permit and dock shoreline approval. Provide Party B with the topographic map of the land acquisition scope of the project and apply for the declaration of temporary land use. Assist in solving external conditions that interfere with the construction of Party B.

4. Provide technical information: Provide engineering geological reports and technical points such as benchmarks and coordinate control points to Party B according to the time and quantity agreed upon in the special terms of the contract, and organize the design and the on-site inspection. Party A is responsible for the authenticity of the above information provided by Party A, and Party B is responsible for the understanding and application of the above information.

5. Appointment of Party A's representative: Party A shall appoint a representative within 7 days after the signing of the contract agreement, exercise Party A's powers as agreed in the contract, and be responsible for fulfilling Party A's obligations as agreed in the contract, and notify Party B in writing of this appointment. Party A shall notify Party B 7 days in advance when changing its representative.

6. Payment: Pay the project price to Party B according to the time limit and method stipulated in this contract.

7. Issue engineering instructions: In accordance with the provisions of this contract, timely release engineering instructions to Party B, issue drawings, confirm project progress reports, inspect hidden projects and handle various acceptance or signing procedures.

8. Completion acceptance: According to the contract, timely organize the completion acceptance, and complete the settlement.

Article 7 Party B’s Responsibility

Party B shall bear the following responsibilities in accordance with the relevant provisions of this contract. 1. Construction preparation: Responsible for the layout of the construction site and the construction of temporary facilities, and submit detailed construction organization design, construction progress plan and application report for construction to the supervision engineer within the time limit stipulated in this contract. The construction of the ship and equipment shall be in place in time according to the time, specifications and quantity agreed upon in the contract.

2. Submit reports and statements: timely submit concealed project acceptance notice, project quality self-inspection report, completion acceptance report and engineering accident report to the supervision engineer according to the construction conditions of the project and the instructions of the supervision engineer, and submit monthly and quarterly construction operations on time. Drawing, use plan and project completion statistics.

3. Ensure the progress and quality of the project: According to the design files, technical standards and approved construction organization design requirements for construction and material inspection, establish a sound construction quality assurance system.

4. Provision: Provide office, accommodation, transportation and communication conditions for the on-site work of the supervision engineer in accordance with the terms of the tender or the special terms of this contract.

5. Responsible for the protection and warranty of the project: The completed building and the installed equipment shall be responsible for the protection before the delivery to Party A, and the damage shall occur during the protection period, and Party B shall repair it without compensation. If Party A causes damage due to its early use, the repair cost shall be borne by Party A. After the project is completed and accepted, Party B shall repair any defects caused by Party B's liability during the warranty period agreed upon in the contract.

6. Appointment of Party B representatives: Appointment of representatives at the time of signing the contract agreement. Party B representatives shall have the project manager qualification certificate issued by the State or the Ministry of Communications and be resident at the project site, responsible for fulfilling Party B's obligations as stipulated in this contract and managing the construction of this contract project. When Party B replaces its representative, Party A shall obtain the consent of Party A and notify the supervision engineer 7 days in advance.

7. Comply with government laws and regulations: The government should comply with all government laws and regulations, especially those related to transportation, health, safety, fire protection and environmental protection.

8. Accept the project supervision: accept the supervision and management of the construction engineer in accordance with this contract within the scope authorized by Party A, execute the engineering instructions issued by the supervision engineer, and participate in the supervision project or the engineering conference hosted by Party A.

9. Temporary berthing facilities: The temporary berthing facilities of the construction vessels shall be resolved by themselves and parked according to the location and manner approved by the relevant departments.

10. Treatment of sunken items: Take all measures to prevent the sinking of construction vessels, equipment and materials. In the event of sinking, the traffic control and other departments should report to the sea surveillance department immediately, and set the buoy or obstacle indicator light until the salvage work is completed. The expenses incurred shall be borne by the responsible party.

Article 8 Project Supervision

1. Project supervision: In order to ensure the quality and safety of the project, control the construction progress and project investment, Party A may entrust the supervision unit to supervise the project, and Party B shall accept the supervision.

2. Supervising Engineer: Party A shall notify Party B in writing of the duties and permissions of the supervising engineer before the supervisory engineer enters the site. The supervision engineer shall exercise the supervisory authority independently and impartially within the scope authorized by Party A in accordance with this construction contract.

3. All actions taken by the supervision engineer within the scope authorized by Party A shall be deemed as Party A's actions.

4. The supervising engineer may appoint a certain number of personnel to assist in his work and authorize such personnel to perform part of the duties of the supervising engineer. The supervising engineer may also withdraw such appointments and authorizations at any time, but such appointments, authorizations and withdrawals are reported to Party A 7 days in advance and notified to Party B.

Article 9 Construction Period

1. Construction commencement: Party B shall submit a construction application report to the supervision engineer within the time limit stipulated in the special clause of the contract. After the supervision engineer has reviewed and reported to Party A for approval, the supervision engineer shall issue the commencement order within the time limit stipulated in the special clause of the contract. Party B shall start work within the date specified in the commencement order.

2. Delayed construction: If Party B fails to start work on time, Party B shall submit an application for extension of construction to the supervision engineer within 3 days after receiving the construction order. The supervision engineer shall reply within 3 days after receiving the report from Party B. If the supervising engineer fails to reply within 3 days, it shall be deemed to have agreed to the request of Party B, and the date of completion shall be postponed accordingly. If the supervision engineer disagrees with the extension request, or if Party B fails to request the extension of the construction within the stipulated time, the completion date will not be postponed. Party A shall, after obtaining the consent of Party B to notify Party B in writing, postpone the commencement date, so Party A shall bear the direct economic losses caused to Party B, and the date of completion shall be postponed accordingly.

3. Extension of construction period: When the following conditions occur, the construction period can be extended after the supervision engineer confirms and reports to Party A for approval.

Delays in construction due to design changes or increased engineering volume;

Force majeure or changes in geological conditions cause engineering delays;

Party A caused the delay of the project;

Other circumstances as agreed in the contractual terms.

In the event of any of the above, Party B shall report to the Supervising Engineer within 5 days on the content of the delay, the number of days and the expenses incurred, and the Supervising Engineer shall report to Party A within 5 days after receiving the report to confirm and reply. Determine the number of days and costs of extension during the construction period. If the supervising engineer fails to reply within the time limit, it can be considered that Party B's request has been confirmed by Party A.

For the above reasons, the project cannot be completed on time and Party B is liable for breach of contract.

4. Suspension of construction: When it is necessary, the supervision engineer may notify Party B to suspend the work and submit specific treatment opinions to Party B within 24 hours. Party B shall suspend the construction as required by the supervision engineer. After the implementation of the supervision opinions of the supervision engineer, Party B can continue construction after receiving the notice of resumption of work from the supervision project. When the responsibility for work stoppage is in Party B, the loss of work stoppage shall be borne by Party B and shall not be extended during the construction period. If the supervision engineer's instruction is wrong or the responsibility for work stoppage is in Party A, the economic loss of Party B's work stoppage shall be borne by Party A, and the affected construction period shall be extended accordingly.

5. Completion in advance: If Party A wishes to complete the project ahead of time, the award conditions may be stipulated in the special terms of the contract. If Party A requires the project to be completed in advance during the execution of this contract, Party B shall negotiate with Party B and sign the early completion agreement. Party B shall, in accordance with this agreement, revise the construction progress plan and report it to the supervision engineer for approval.

6. Stage construction period: If there is a stage construction period requirement, it is stipulated in the contract special clause.

Article 10 Construction Organization Design

1. Submission of construction organization design: Party B shall submit the construction organization design to the supervision engineer for review within the time limit stipulated in the special clause of the contract. The main contents of construction organization design should include: construction progress plan, construction process and description, material supply and inspection, construction site layout, construction quality assurance measures, construction personnel composition, construction ship equipment and construction safety measures and construction pair Environmental protection measures, etc. The construction progress plan shall be controlled according to the key line of the network diagram or the main work cross-section diagram, and shall include the expected workload and image progress for each month.

2. Approval of construction organization design: The supervision engineer shall submit the review opinions within 7 days after receiving the design of Party B's construction organization and submit it to Party A for approval. Party A shall approve the application within 7 days after receiving the review opinions. At the time of examination and approval, if Party A proposes to modify the comments, Party B shall modify and supplement the construction organization design, and submit the revised and supplementary report to the supervision engineer within 7 days after receiving the approval opinions. After the supervision engineer confirms, Party B shall follow the confirmed construction. Organization design organization construction. If the supervision engineer and Party A fail to submit amendments or approvals within the time limit specified above, it may be considered that Party B's construction organization design has been approved by Party A.

3. Revision of the construction progress plan: If the supervision engineer believes that the actual construction progress of the project does not meet the construction progress plan approved by Party A, Party B shall revise the construction progress plan according to the requirements of the supervision engineer and propose that the construction project is in the contractual agreement. The specific measures completed during the construction period shall be implemented after being reviewed by the supervision engineer and reported to Party A for approval.

Article 11 Quality Control

1. Materials and equipment:

The materials and equipment used in the project shall be purchased, transported, inspected and kept by Party B in accordance with the requirements of design and technical standards, except that it is agreed to be supplied by Party A in the special terms of the contract.

All materials and equipment used in the project shall have a product certificate, and the engineering materials shall have a material certificate or test report issued by a material inspection unit with the corresponding qualification level.

When materials and equipment enter the site, Party B shall notify the supervision engineer to participate in the acceptance. The supervision engineer has the right to request re-inspection. The materials and equipment that are inconsistent with the design and technical standards shall have the right to refuse the acceptance and shall be transported away from the construction site by Party B. During the use of materials and equipment installation, the supervision engineer has the right to inspect and inspect at any time, and Party B shall provide necessary assistance. If the inspection finds that the materials or equipment are unqualified, the batch of materials or equipment cannot be used for the project, and Party B shall be responsible for the dismantling, repair and re-purchase, and bear all the expenses incurred; if the inspection indicates that the materials or equipment meet the requirements, then Party A shall bear all expenses incurred as a result of this, and the construction period shall be extended accordingly. A copy of the product qualification certificate of materials and equipment supplied by Party A shall be submitted to Party B, and Party A shall be responsible for its quality.

2. Quality self-inspection: After the completion of each sub-item and sub-project of this contract project, Party B shall conduct self-inspection of quality and self-recovery of quality, and shall re-work itself due to the expenses incurred by rework, and the construction period of delay shall not be given. Extension; after passing the self-inspection, submit the self-inspection report to the supervision engineer and notify the supervision engineer to accept the inspection.

3. Sub-project quality inspection:

Before the commencement of the main sub-projects, Party B shall report the materials, equipment and personnel entering the site and the construction process to the supervising engineer, and the construction engineer shall agree to start work. After the completion of the construction of the previous process, after the acceptance of the inspection by the supervision engineer, Party B can carry out the construction of the next process.

During the construction process, Party B shall at any time accept the inspection of the operation of the materials and process by the supervision engineer and its assigned personnel, and rework according to the instructions of the supervision engineer. If the rework and construction period are delayed due to Party B, the rework cost shall be borne by Party B, and shall not be extended during the construction period; if the Party B’s economic loss or construction period is delayed due to the incorrect instruction of the supervision engineer, the relevant expenses shall be borne by Party A. The period is extended accordingly.

4. Concealed project acceptance:

After passing the self-inspection and signing the self-inspection record of the concealed project, Party B fills in the concealed project acceptance application form and informs the supervision engineer to accept the inspection 48 hours before the coverage. The supervision engineer shall accept the acceptance within 48 hours after receiving the notice from Party B. After the acceptance of the supervision engineer and the approval on the acceptance record, Party B may cover and continue the construction; if the acceptance is unqualified, Party B shall rectify and re-require according to the requirements of the supervision engineer. Apply for acceptance.

If Party B covers the area without experience, the supervision engineer has the right to request the stripping or opening inspection, and Party B shall be responsible for the losses caused; if the supervision engineer fails to accept the acceptance application and acceptance notice for 48 hours, If Party B has passed the self-test, it can cover it by itself. The supervision engineer shall confirm and complete the signing formalities afterwards.

If the supervision engineer believes that it is necessary to review the concealed works that have been signed and covered and covered, Party B shall assist in the review. If the result of the review indicates that the quality is qualified, all costs incurred by Party A shall be borne by Party A, and the affected construction period shall be extended; if the result of the review indicates that the quality is unqualified, Party B shall rework and re-apply for acceptance according to the above provisions, resulting in Party B shall be responsible for all expenses and delays during the construction period.

5. Test and inspection: The test and test pieces shall be sent to the inspection unit with the corresponding qualification level for testing or inspection according to the requirements of technical standards, and the test or inspection results shall be submitted to the supervision engineer for review in time. When the supervision engineer deems it necessary, he has the right to designate the sample to be sent to the inspection unit for re-inspection.

6. Quality level: The construction quality should meet the technical standards stipulated in this contract and the quality level agreed in the contract specific terms. If the quality of the project does not reach the agreed level due to Party B, Party A has the right to request Party B to rework, and Party B shall bear the cost of rework, and shall not be extended during the construction period. If the agreed level is still not reached after rework, Party B shall be liable for compensation. If the quality of the project does not reach the agreed level due to Party A's reasons, Party B shall rework or repair according to the requirements of Party A. Party A shall bear the rework and repair costs and extend the construction period accordingly.

7. Quality supervision: The quality supervision of this project is under the responsibility of the quality supervision station. Both Party A and Party B shall accept their supervision and inspection of the project quality.

Article 12 Contract Price and Payment

1. Calculation and payment of the contract price: The contracting method of the contract project and the calculation and payment of the contract price shall be carried out in accordance with the method stipulated in the contract special clause.

2. Adjustment of the contract price: Except as otherwise stipulated in the contractual special clause, the contract price may be adjusted when one of the following circumstances occurs:

The supervision engineer confirms the increase and decrease of the engineering quantity approved by Party A and the design change;

National or local project cost management departments distribute price and rate adjustments;

When the water supply, power outage, and gas outage caused by non-Party B are accumulated for more than 8 hours in a week, causing Party B to suffer losses;

Other additions, subtractions or adjustments to the contractual agreement.

Party B shall notify the supervision engineer of the reason and amount of the adjustment within 14 days after the above situation occurs. The Supervising Engineer shall confirm and report to Party A for approval within 7 days after receiving the notice from Party B. Party A shall reply within 10 days after the Supervising Engineer receives the notice from Party B. If the reply is not answered within the time limit, it may be deemed that Party B’s request has been Party A approves.

3. Project prepayment payment: Party A shall pay Party B the project advance payment according to the time limit and amount stipulated in the special terms of the contract, and deduct it in accordance with the time limit and proportion specified in the special terms of the contract. If Party A fails to pay the advance payment according to the contract, Party B may send a notice to Party A 10 days after the date of arrival of the agreed advance payment. If Party A fails to pay as required after receiving the notice, Party B may suspend 10 days after the notice is given. For construction, Party A shall pay Party B the interest payable from the date of payment, and shall bear the liability for breach of contract and the loss of work stoppage of Party B.

4. Confirmation of engineering quantity: Party B shall submit the completed project quantity report to the supervision engineer according to the time limit stipulated in the special clause of the contract. The supervision engineer will review the signature within 3 days after receiving the report. If the supervision engineer fails to file an objection within 3 days after receiving the report, the amount reported by Party B shall be deemed to have been confirmed by the supervision engineer. If the supervising engineer disagrees with the amount of work reported by Party B, Party B shall assist the supervising engineer to verify the completed project quantity and re-report it. If Party B refuses to assist the supervision engineer to verify the completed project quantity or not re-report, the amount of work verified by the supervision engineer shall prevail.

5. Progress payment: Party A shall pay Party B the progress payment according to the time and method agreed in the special terms of the contract according to the amount of work confirmed by the supervision engineer. If Party A fails to pay within 10 days after the date of payment agreed upon by the contract, Party B may Party A shall issue a notice of reminder payment. Party A shall not pay according to the requirements after receiving the notice from Party B. Party B may suspend the construction 10 days after the notice is given. Party A shall bear the interest and default liability for deferred payment and the loss of work stoppage of Party B.

6. Deferred payment for construction: If Party B agrees and signs a deferred payment agreement, Party A may postpone the payment of the project price.

Article 13 Design Changes

1. Changes proposed by Party A: When Party A proposes a design change to the project, it shall send the change plan to the design unit for review. After the design unit has reviewed and approved, the supervision engineer shall send a change notice to Party B. Party B shall implement the construction plan and organize the construction according to the change drawings. If the change involves changes in design scale and design standards, it should be negotiated with Party B in advance.

2. Changes proposed by Party B: The design changes proposed by Party B shall be approved by the supervision engineer and reviewed by the design unit. After the design unit has approved the application, it may be implemented after being approved by Party A. If the project costs increase or decrease or construction changes result, Party A and Party B shall negotiate to deal with them. However, Party B shall bear the changes proposed by Party B for the purpose of facilitating the construction of the construction or for the convenience of construction and avoiding self-interference, etc., and the additional costs shall be borne by Party B.

3. Changes caused by design: If there are any wrong design drawings or geological conditions and large design or other serious unreasonable design during construction, the supervision engineer shall submit the handling opinions within 3 days. After Party B obtains the revised drawings, it organizes the construction according to the instructions of the supervision engineer. The additional costs will be borne by Party A, and the delayed construction period will be extended.

4. Determine the change price: After the above changes occur, calculate the unit price and price of the change project as follows:

The unit price applicable to the change project in the contract is calculated according to the unit price already in the contract;

There is a unit price similar to the change project in the contract, and the unit price is determined based on the unit price;

When there is no applicable and similar unit price in the contract, Party A and Party B agree to change the unit price;

Other calculation methods agreed upon in the contract-specific terms.

Party A shall, within the time agreed by both parties, propose to change the price according to the above method, report it to the supervision engineer for review, and adjust the contract price and completion date after Party A's consent; if Party A does not agree with the change proposed by Party B. The price shall be negotiated with Party B within 14 days after Party B's proposal. If the negotiation fails, the two parties may submit the decision to the project cost management department.

Article 14 Transfer and Subcontracting

1. Transfer: This contract cannot be transferred once it has been signed.

2. Subcontracting:

The main project of this contract project does not score.

If part of the sub-projects do need to be subcontracted, Party A's consent must be obtained. Party B shall submit a copy of the subcontract to Party A for the record.

Party B's entire responsibilities and obligations to this contract are not affected by subcontracting. The supervision engineer has the right to supervise the construction quality, construction safety and construction progress of the subcontract. Any breach of contract and negligence of the subcontractor shall be deemed as breach of contract and negligence of Party B.

Article 15 Construction Safety

1. Construction safety responsibility: Party B shall strengthen the construction safety management of construction site personnel and ship machinery in accordance with the provisions of the State and relevant departments, and adopt strict safety protection measures for the prevention of Taiwan, fire prevention, explosion prevention, flood prevention and theft prevention at the construction site, and undertake The liability for the accident due to ineffective measures and the costs incurred.

2. Safety Accident Treatment: In the event of a major casualty accident at the construction site, Party B shall immediately report the accident to the relevant department and notify Party A and the supervision engineer, in addition to taking effective measures immediately. Party A shall provide the necessary conditions for the rescue.

3. Safety measures: When Party B works in high-voltage line, water, underwater and underground pipelines, flammable, explosive areas and harmful environment, safety protection measures should be proposed before construction. After review by the supervision engineer, Party A agrees to implement it. Party A’s Agree not to waive the security responsibility that Party B should bear. The cost of protective measures shall be borne by Party B unless otherwise stipulated in the special terms of the contract; during the construction process, the costs of safety measures incurred due to changes in external conditions shall be paid by Party A separately.

Article 16 Insurance

1. Engineering Insurance: The insurance for “Construction Engineering All Risks and Third Party Liability Insurance” of this project is stipulated in the contract-specific terms.

2. Personnel, ship equipment insurance: Party B is responsible for the insurance of the construction personnel and ship equipment of this project.

Article 17 Force Majeure

1. Natural disasters: Natural disasters above the agreed level in the contract-specific clauses are also force majeure.

2. Loss Report: After the occurrence of force majeure, Party B shall promptly take measures to minimize the loss, and notify Party A and the supervision engineer of the damage within 24 hours, and report the loss, cleaning and repair costs and construction period to Party A and the supervision engineer within 7 days. Delayed report. 3. Cost sharing: The following expenses arising from the occurrence of force majeure shall be borne by both parties:

The damage of the project itself shall be borne by Party A;

Personnel casualties shall be the responsibility of their respective units;

Party B shall bear the damage of Party B's equipment, ships and machinery.

4. Loss compensation: When the project is shut down or damaged due to force majeure, Party A and Party B shall provide reasonable compensation after Party A's negotiation, but such compensation does not include losses caused by improper Party B's preventive measures and shall be borne by Party B as stipulated in paragraph 3 of this Article. cost. The responsibility for the cleaning and repair work and the required expenses shall be signed by the two parties to sign a supplementary agreement or a joint memorandum.

Article 18 Completion Acceptance and Settlement

1. Application for acceptance: Party B shall submit the project completion acceptance application report and project completion data to Party A and the supervision engineer within 7 days after the completion of the project and the completion acceptance conditions. The supervision engineer shall review the application within 7 days after receiving the acceptance application and the completion data, and submit the review opinions and report to Party A for approval. If the project and completion data meet the requirements, Party A shall organize the acceptance within 14 days after receiving the application report; if the project or completion data fails to meet the requirements, Party B shall renovate or supplement the project or completion data according to the reasonable requirements of the supervision engineer. And re-apply for acceptance, and the resulting expenses and delays in the construction period shall be the responsibility of Party B. If the supervising engineer or Party A fails to review and organize the acceptance of the project and the completion data within the time limit stipulated in the contract, the economic losses arising therefrom shall be borne by Party A and the construction period shall be extended accordingly.

2. Acceptance program:

Party A shall determine the acceptance time and notify the relevant parties according to the application report and completion data submitted by Party B for completion acceptance;

Party A organizes relevant units to review all aspects of the project construction according to the contractual agreement, listen to the report of the relevant units on project management, design, construction and supervision; review the project completion data, check the site, and leave or exist for the project Issues to raise opinions;

The quality supervision station evaluates the quality level of the project;

After the experience is accepted, both parties will handle the project handover procedures;

The project acceptance is qualified, and the date of completion is the date on which Party B submits the application report for completion acceptance; the project that needs to be modified to meet the completion acceptance is the date of completion, and the date of completion shall be the date of acceptance and acceptance by Party A.

3. On-site cleaning: After the completion of the project is completed and accepted, Party B shall, in addition to Party A's other requirements, clean and evacuate the construction site in accordance with the time limit and requirements as stipulated in the special terms of the contract. Otherwise, Party B shall direct Party A to pay the relevant fees in accordance with the contract-specific terms.

4. Completion information: Except as otherwise stipulated in the special terms of the contract, the completion data submitted by Party B shall include the following main contents, and the number of copies submitted for completion is agreed in the contract-specific terms.

Completion drawings and materials;

Project quality self-assessment report;

Stage acceptance and concealed project acceptance data;

Engineering materials and equipment testing and inspection materials;

Settlement and displacement observation data;

The overall scale measurement report of the completed project;

Construction report;

Completion settlement report.

5. Completion settlement:

After the completion acceptance is passed, Party B shall submit a settlement report to Party A within 30 days for settlement and completion. Party A shall review and confirm within 14 days after receiving the settlement report, and shall pay Party B the payment for Party B within 7 days after confirmation; if Party A fails to review and confirm within 14 days after receiving the settlement report, Party B shall submit The settlement report is deemed to have been confirmed by Party A.

Party A shall not pay the construction cost to Party B within 7 days after confirming the settlement report, and shall pay Party B the interest of the arrears of the project at the interest rate of the construction enterprise to the bank's unplanned loan from the 8th day after the confirmation of the settlement report, and shall bear the default. responsibility.

Article 19 Project Warranty

1. Warranty period: The warranty period starts from the date of completion of the project. The hydraulic engineering warranty period is one year. The dredging project does not have a warranty period, and the warranty period for other projects is stipulated in the special terms. The warranty period for the phase acceptance project is calculated from the date of completion of the phase acceptance.

2. Warranty liability: Party B is responsible for repairing any engineering defects or damages caused by Party B during the project warranty period, and Party B shall bear the cost of repair. Party B shall assist in the repair due to improper use of Party A or other non-Party B reasons, and Party A shall bear the expenses.

3. Rework: During the warranty period, Party B shall initiate the repair within 14 days after receiving the notice of repair, and shall complete the repair within 14 days after receiving the notice of repair, otherwise Party A has the right to entrust other units or personnel. For repairs, the expenses shall be borne by Party B.

4. Warranty: The amount of the warranty is agreed in the contractual terms. Party A shall return the warranty and the interest calculated according to the interest rate agreed in the contractual terms to Party B within 7 days after the expiration of the warranty period.

Article 20 Disputes, Breach of Contract, Claims and Compensation

1. Disputes: When disputes arise during the execution of the contract, the two parties shall negotiate or resolve the matter to the competent authorities for mediation, or the negotiation and mediation shall be invalid. You may choose one of the following methods:

Applying for arbitration to a contractual arbitration institution with jurisdiction;

Prosecuted to a people's court with jurisdiction.

2. Breach of contract: Any party who fails to perform its duties and obligations in accordance with the contract is a breach of contract. The defaulting party shall compensate the other party for the direct economic loss caused to the other party due to breach of contract. If one party fails to perform the contract, the other party may request suspension or termination of the contract, but the defaulting party shall be notified 14 days in advance, and the resulting economic loss shall be borne by the defaulting party.

3. Claims: When Party A breaches the contract or fails to perform its obligations in time to cause losses to Party B and other claims, Party B may claim against Party A as follows:

Submit a claim to Party A within 21 days of the incident claiming the claim.

Within 14 days after filing the claim, submit a claim report to Party A, detailing the reason for the claim, providing a copy of the same period record or other reliable evidence, and specifying the amount of the claim, the extension of the construction period and the basis and method of calculation.

Party A shall promptly investigate and review the claim data within 14 days after receiving the claim report, and have the right to request Party B to further supplement the claim reason and evidence. Party B shall give Party B a clear reply within 28 days after Party B provides supplementary information as required. The confirmed amount of the claim is included in Party A’s payment plan.

If Party B fails to file a claim, claim report or supplementary information on time according to the above provisions, Party A may not accept it. If Party A fails to review or confirm within the time limit specified above, Party B's claim is deemed to have been confirmed by Party A.

If Party B has objection to Party A's reply, it may be executed in accordance with paragraph 1 of this Article.

If Party A authorizes the supervision engineer to review the claim, it shall be stated in the contract-specific terms, but the time limit for the above-mentioned claims shall remain unchanged.

4. Compensation: When one of the following circumstances occurs, Party A may request Party B to compensate according to the methods and standards stipulated in the special terms of the contract.

The construction quality does not reach the agreed level of the contract special clause;

The construction period was delayed due to Party B's reasons;

During the construction, the project caused a major loss due to Party B.

Article 21 Award

1. Reward: In addition to the contractual special clause, Party A may award Party B according to the standards and methods stipulated in the contract-specific terms when one of the following conditions is met.

The construction quality of the project is higher than the level stipulated in the contract special clause;

Completion in advance according to Party A's request.

Article 22 Interruption and Termination of the Contract

1. Contract interruption: Due to changes in policies and other reasons other than the two parties, the construction of the project is suspended or slowed down, so that the contract cannot be continued, and the contract is considered to be interrupted. After the contract is interrupted, Party B shall properly carry out the work of the completed project and the purchased materials and equipment and the transfer of the project. The construction ship and personnel shall be evacuated from the site as required by Party A. Party A shall provide the necessary conditions for Party B to evacuate the site, and pay the completed project price and compensate Party B for the direct economic loss caused by the contract interruption.

2. Termination of the contract: After the contract is completed and accepted, and Party B transfers the project to Party A and the completion of the settlement, except for the relevant warranty terms, the other terms are terminated. After the warranty expires, the warranty terms will be terminated after both parties have settled the warranty.

person A person B:_________

Legal representative: _________ Legal representative: ______

Unit address: _________ Unit address: _________

Contact number: _________ Contact number: _________

Fax: _________ Fax: _________

Postal code: _________ Postal code: _________

Bank of deposit: _________ Bank of deposit: _________

Account number: _________ Account number: _________

_________Year ____________________________________________

Place of signing: _________ Signing location: _________