Power construction project construction contract model

The first chapter of the meaning of words and the first file of the contract file, the text of the "construction contract for electric power construction project", consists of "Construction Contract Conditions for Electric Power Construction Projects", and its terminology should have this article in addition to the terms of the Agreement. The meaning given:

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 Articles of Agreement.

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 project supervision unit or personnel entrusted by Party A and qualified as the “Measures for the Administration of Qualifications of Power Engineering Construction Supervision Units” shall supervise the project.

6. Supervisor: 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. Construction 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, Provincial Electric 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. Engineering: The permanent project of electric power construction with specific contents as stipulated in the Articles of Agreement.

11. Contract price: The current fixed amount, material budget price and corresponding fee-taking standard shall be used as the guiding price, which shall be determined through bidding or bidding or negotiation between Party A and Party B to pay the total amount of the construction price of Party B's performance.

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 submitted by Party A or approved by Party A and approved by Party B 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, memorandums, meeting minutes, letters, confirmed telegrams, telexes, etc., handwritten, typed, copied, and printed according to the contract.

20. Force Majeure: Natural disasters caused by war, turmoil, falling of flying objects or other non-Participation Party's responsibility, fires, and damage caused by wind, rain, and earthquakes as stipulated in the Articles of Agreement.

21. Compensation: The responsible party shall cover the costs of direct and indirect losses of the other party, including work stoppage, work, rework, transfer of personnel and machinery, materials and equipment, backlog, labor, machinery, management fees, etc. Actual costs, and the loss of available benefits, such as interest accrued from the date on which these fees are payable.

22. Quality defects: The project does not meet the current technical standards, design files and contract quality requirements of the state 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 Interpretation Order 1. The contract file 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 resolved by negotiation between the two parties 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. Contract files are written in Chinese national language. Both parties can agree to use minority language translations according to their needs. The interpretation and explanation of contract files use Chinese Mandarin.

2. The law applicable to the contract file is the national laws and regulations, as well as other industry regulations and the local laws and regulations of the Ministry of Power Industry.

3. Construction should use national standards, norms and power industry standards and norms. When there is no corresponding standard or standard in the national or power industry, the standards and norms of other industries or places where the project is located may be agreed upon. 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 the approval of Party A's representative; Party A shall require the use of foreign standards and norms and shall report to the competent department of the power industry. Approve and be 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.

Article 4 Drawings 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 parts agreed upon in the Agreement Terms and Conditions before the commencement date, and Party B shall comply with the terms of the Agreement. "Requires the confidentiality of drawings.

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 corresponding measures to keep confidential, and Party A shall bear the expenses.

4. Party B requests to increase the number of drawings, and Party A shall copy and deliver it according to the time 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 finds that the drawings provided by Party A are incomplete, inaccurate or the design depth cannot 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 of the Parties Article 5 Representatives of Party A 1. Party A appoints representatives 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 answers of the representatives of Party A shall be signed by the person in writing and submitted to the representative of Party B in writing. 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 written confirmation in time. Party B shall submit a written confirmation request within 48 hours after Party A's representative issues 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. . Party B believes that the instructions of Party A are unreasonable and should submit a written notice within 24 hours after receiving the order. Party A's decision to modify the order or continue to execute the original order within 24 hours after Party B's application is notified to Party B in writing. In case of emergency, Party A shall request Party B to execute the instructions immediately or Party B has objection, but Party A's decision to continue the execution of the instructions shall be implemented by Party B. 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 answered 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. In the implementation of the social supervision project, Party A shall notify Party B of the scope of the director's management engineer's exercise of his rights and performance obligations. 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, and Party A shall notify Party B 7 days in advance. The latter will continue to assume the responsibility of the predecessor.

Article 6 Party B's Representative 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 requirements, applications and notices shall be signed by the representative of Party B in writing and sent to Party A's representative. The representative of Party A shall take effect after signing the name on the receipt and the time of receipt.

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, and Party A shall bear the expenses incurred thereby, and correspondingly extend the construction period; the responsibility shall be in Party B, and Party B shall bear the expenses.

2. Party B 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 stipulated in the “Construction Site Construction Management Regulations” and the “Agreed Clause”:

Handling land acquisition, renting, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that construction sites have construction conditions, and continue to be responsible for resolving the remaining issues after the start of construction.

The water, electricity and telecommunications lines required for construction shall be taken from the outside of the construction site to the place agreed in the “Articles of Agreement” 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 engineering geological and underground pipe network data of the construction site to ensure the data is true and accurate.

Handling all kinds of documents, approval documents and temporary land use for construction, approval of land 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 time determined by the contract and the “construction comprehensive progress plan”, the construction site shall be provided to Party B of the contracted installation project to ensure that the site and the 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 as a result, compensate Party B for the losses caused thereby, and delay the construction period to be postponed accordingly.

3. Party A entrusts 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 Work of Party B 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 Terms 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, seasonal and monthly project progress plan and project payment 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 protective 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 local government and relevant departments on the construction site traffic and environmental protection management regulations. Due to technical and economic constraints, if the pollution of the environment cannot be controlled within the prescribed scope, Party A shall, in conjunction with Party B, report to the relevant 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 terms 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 expenditure required to be protected by special measures shall be agreed in the Terms of the 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 the violation of relevant regulations, except for the provisions issued after the contract is signed and the losses and fines caused by non-Party B reasons.

2. Party B has not fulfilled the above obligations as agreed in the contract. To bear the expenses incurred thereby, and compensate Party A for the economic losses suffered by Party A.

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 “provide” within 3 days after the conclusion of the contract. According to the relevant provisions of the construction technology management of electric power construction projects and the provisions of the Agreement, Party B shall prepare “construction organization design” and “construction comprehensive progress plan”, and submit it as before the start of construction. Party representative. Party A did not provide the information it should provide, as agreed in accordance with 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 the “construction organization design” and “construction comprehensive progress plan” submitted by Party B 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. When the actual progress of the project is inconsistent with it, Party B shall propose improvement measures in accordance with the requirements of Party A's representative, and submit it to the representative of 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 Extension of Work 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 cannot be started as scheduled, it shall be 5 days before the agreed start date. Reasons and requirements for delaying the commencement of work to the representative of Party A. The representative of Party A shall reply within 3 days after Party B requests to postpone the commencement of work. If the reply is not received within the time limit, it shall be deemed to have agreed to Party B's request for extension of construction.

2. The delayed commencement of Party B has not been approved by Party A in accordance with the provisions of Article 10, paragraph 1, and the date of completion will not be postponed.

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 paid by Party B, and shall accordingly extend the construction period.

Article 11 Suspension of Construction 1. A representative of Party A may request Party B to suspend construction when 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. If Party A's representative fails to submit a handling opinion within the agreed time, or fails to 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 second paragraph of Article 7.

3. Suspension of construction For reasons other than Party B, Party A shall bear the economic expenses and correspondingly extend the construction period; Party B shall be responsible for the suspension of work, and Party B shall bear the expenses incurred.

Article 12 Delays in Construction Period 1. Delays in delaying the completion date for the following cases 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. The representative of Party A shall approve or propose the amendment within 3 days after the report of Party B, and the reply shall not be answered within the time limit. It is considered as a representative of Party A to approve this report.

Article 13: Advance schedule 1. In the construction, it is necessary to complete the construction in advance. After the two parties agree on the agreement, the “early completion agreement” will be signed, and the date of completion of the contract 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 revise 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 an approval within 5 days after Party B submits the construction progress revision plan. If it is overdue, 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 construction and acceptance of electric power construction, the standards adopted by the contract, the design requirements, and the instructions of Party A to issue instructions according to the contract, accept Party A’s representative at any time. The inspection and inspection of its assigned personnel shall provide convenient conditions for inspection and inspection, and shall be reworked and modified according to the requirements of Party A's representatives and their assignees, and shall bear the expenses for rework and modification caused by their own reasons. Party A shall bear the economic expenses caused by Party A’s incorrect correction or other non-Party B reasons for rework and modification, and the construction period shall be postponed accordingly.

2. After passing the above inspections, it is also found that Party B is responsible for the quality problems caused by Party B.

3. The above inspections and inspections shall be carried out in accordance with the provisions of the construction quality inspection and assessment standards for electric power construction projects, and shall be carried out without affecting the normal construction. If the normal construction is affected, unless the quality of the inspection is unqualified, the expenses incurred shall be The party undertakes and accordingly delays the construction 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 shall be paid, and the impact on the construction period shall be extended accordingly.

2. If the project does not 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 the design or materials, components, accessories, equipment, etc., the project does not meet the agreed quality conditions, Party B will rework, 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 not be assessed by the representative of Party A.

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 has coverage, cover-up conditions or the agreed intermediate acceptance site. Party B shall notify Party A's acceptance 48 hours before concealment or intermediate acceptance after passing the self-test, 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 can sign the acceptance record before concealing and continuing construction. If the acceptance is unqualified, Party B will re-accept it after modification within a limited time.

3. The quality of the project meets the requirements of the specification. After 24 hours of acceptance, the representative of Party A will not sign the acceptance record, which can be regarded as the approval of Party A, and Party B can conceal or continue construction.

Article 17 Trial Operation of the Division 1. The project shall have the conditions for trial operation of the division, 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 partial trial transfer 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 the record as the basis for quality acceptance and complete set-up.

4. Due to Party B's reasons, the trial shipment will not meet the acceptance requirements. Party A's representative will propose amendments within 24 hours after the trial operation, and Party B will modify the trials and re-trial.

5. The representative of Party A did not participate in the trial operation of the branch and did not entrust another person to act, or participated in the trial operation and 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 shall admit that Party B may continue construction and may proceed with relevant procedures.

6. The equipment and system that have passed the trial operation of the branch shall be handed over to Party A for safekeeping, operation and maintenance as the production or trial operation needs to continue to operate.

7. If the divisional trial freight is included in the contract price or otherwise stipulated in the Agreement, Party A shall bear it.

8. Due to non-Party B, such as design, equipment manufacturing, improper operation, etc., the trial shipment 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 and equipment costs and The freight rate, etc., will be settled by the party A and the responsible party after the meeting, and the delay of the construction period will be postponed accordingly.

Article 18 Acceptance and Re-inspection 1. The acceptance conditions for individual projects, unit projects, sub-projects and sub-sectors shall be subject to inspection and acceptance as scheduled, and Party B shall submit an “acceptance notice” 48 hours before the acceptance, and notify Party A to participate. Acceptance, the notice includes the content, time and place of the acceptance, and the self-inspection record of Party B is attached.

2. The representative of Party A cannot participate in the acceptance on time and may entrust another person to act in writing, or submit an extension request to Party B 24 hours before the acceptance, and the extension shall not 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 remove it 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. Party A and Party B shall exchange the performance bond issued by their respective bank when signing the “Agreement Terms” to ensure 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 of Capital Construction Projects”. No party may change without authorization, and one of the following circumstances may occur. Make adjustments.