Contract No.: ___________
Project greening project construction contract
Project Name:
Project Location:
Contractor:
Contractor:
Place of Signing:
Signing time:
__________ project greening project construction contract
(It is suitable for plant planting (including maintenance operations), earthwork, garden mountain building, garden water management (revetment, slope protection, fountain, etc.), garden paving, garden water supply and drainage, garden electricity, and other landscaping projects. ）
Part 1 Agreement
Party A (Employer): ____________________________________________
Party B (Contractor): ___________________________________________
Contractor Qualification Level: ____________________ Qualification Certificate No.: __________________
Contractor's Safety Production License Number: ___________________ JZ Security License Word: _______________
In accordance with the Contract Law of the People's Republic of China, the Construction Law of the People's Republic of China and other relevant laws and administrative regulations, in accordance with the spirit of this series of documents for public bidding in China, and following the principles of equality, voluntariness, fairness and good faith, the two parties have reached a consensus on the construction of this landscaping project and concluded this contract.
First, the general situation of the project
1.1 Project Name: ____________________________________
1.2 Project location: ____________________________________
1.3 Project content: __________________________________
1.4 Source of Funding: ____________________________________
1.5 Design unit: ____________________________________
1.6 Supervision unit: ____________________________________
Second, the scope of project contracting
2.1 Scope of contracting: see all the contents contained in the bill of quantities and construction drawings for details.
2.2 Scope of works not included: ___________________________________
3. Contract duration:
3.1 Total calendar days__________ days
3.2 Commencement Date: ____________________________________
3.3 Completion Date: ____________________________________
Fourth, quality standards
The engineering quality standards require that the following acceptance specifications and acceptance standards be met, and that they are "qualified" or above.
4.1 The survival rate of seedlings conforms to the current "Code for Construction and Acceptance of Urban Greening Projects";
4.2 The quality acceptance of greenfield ancillary facilities shall conform to the "Unified Standard for Quality Inspection and Evaluation of Construction and Installation Engineering (GBJ301)"
4.3 The quality standards required in the construction drawings;
4.4 Other standards and specifications agreed by Party A and Party B:
(1) The survival rate of trees and shrubs should reach 95%, and the survival of precious tree species and solitary trees should be guaranteed;
(2) The flower planting area should be free of weeds, no yellow, grow luxuriantly, and the planting survival rate should reach 95%;
(3) The lawn should be free of weeds, yellow, diseases and pests, and the coverage rate should reach 95%;
(4) The green space is neat and tidy, and the surface is smooth;
(5) The shaping and pruning of plant materials should meet the design requirements.
5. Contract price
5.1 Total contract price (capitalized): _____________________________ (RMB) yuan
(lowercase) ¥: __________________________ (RMB) yuan
(Among them: ________ yuan for project reserve, ________ yuan for sporadic work, _______ yuan for safety protection and civilized construction measures, ________ yuan for project subcontracting and material purchase, and _________ yuan for general contracting services.) ）
5.2 Comprehensive Unit Price: Please refer to the Contractor's quotation for details.
6. The documents constituting the contract
The documents for the group cost contract include:
1. This contract agreement
2. Special terms of this contract
3. General Terms and Conditions of this Contract
4. Notice of winning the bid
5. Tenders, project quotations or budgets and their attachments
6. Bidding documents, Q&A minutes and bill of quantities
7. Drawings
8. Standards, specifications and related technical documents
9. The written agreements and documents related to negotiation and modification between the two parties for the performance of this contract shall be regarded as an integral part of this contract.
7. The meanings of the terms used in this Agreement shall be the same as those given in Part II of this Contract in the General Terms.
8. The contractor shall carry out the construction and completion in accordance with the contract and assume the responsibility for the quality warranty of the project during the quality warranty period.
9. The employer shall pay the contract price and other amounts payable in accordance with the time limit and manner agreed in the contract.
10. The contract comes into effect
10.1 This contract shall come into force on the date of signature and seal of both parties, and shall be terminated after both parties have fulfilled their obligations under this contract.
10.2 This contract shall be _____ copies and shall have the same effect, _____ copies of Party A and ____ copies of Party B.
(No text below)
(This page is the signature page)
| Party A (official seal of the legal person) | Party B (official seal of the legal person) |
| Address: Legal Representative: Authorized Representatives: Phone: Bank: Account: Tax ID: Date: YYYYYYYYYYYYYYYYYYYYY | Address: Legal Representative: Authorized Representatives: Phone: Bank: Account: Tax ID: Date: YYYYYYYYYYYYYYYYYYYYY |
Part II General Terms
1. Definitions of Terms and Contract Documents
1. Definitions of Terms
Unless otherwise agreed in the Specific Terms, the following terms shall have the meanings given in this Article:
1.1 General terms: These are the terms and conditions that are formulated in accordance with the provisions of laws, administrative regulations and the needs of the construction of construction projects, and are generally used in the construction of construction projects.
1.2 Special clauses: clauses on which the employer and the contractor reach an agreement through consultation in accordance with the provisions of laws and administrative regulations, combined with the actual conditions of the specific project, and are the concretization, supplement or modification of the general clauses.
1.3 Employer: refers to the party with the qualification of the subject of the project contract and the ability to pay the project price as agreed in the agreement, as well as the legal successor who has obtained the qualification of the party.
1.4 Contractor: refers to the party with the qualification of the construction contractor accepted by the employer as stipulated in the agreement, and the legal successor who has obtained the qualification of the party.
1.5 Project Manager: means the qualified representative responsible for construction management and contract performance designated by the Contractor in the Special Terms.
1.6 Design unit: refers to the unit entrusted by the employer to be responsible for the design of the project and obtain the corresponding engineering design qualification certificate.
1.7 Supervision unit: refers to the unit entrusted by the employer to be responsible for the supervision of the project and obtain the corresponding project supervision qualification certificate.
1.8 Engineer: refers to the supervising engineer appointed by the project supervision unit or the representative designated by the employer to perform this contract, and his specific identity and authority shall be agreed by the employer and contractor in the special terms.
1.9 project cost management department: refers to the relevant departments of the State Council, the construction administrative departments of the people's Governments at or above the county level or their entrusted engineering cost management agencies.
1.10 Project: refers to the project within the scope of the contract agreed by the employer and the contractor in the agreement.
1.11 Bill of Quantities: A detailed list of the names and corresponding quantities of the sub-projects, measures and other items of the proposed project.
1.12 Comprehensive unit price: the labor cost, material cost, machinery use fee, management fee and profit required to complete a specified unit of measurement item in the bill of quantities, taking into account the risk factor.
1.13 Contract price: refers to the amount agreed in the agreement by the employer and the contractor for the payment of all the projects within the scope of the contract and the responsibility for quality warranty as agreed by the employer.
1.14 Reserve: refers to the amount reserved by the employer for possible changes in the quantity of work.
1.15 Project subcontracting and material acquisition costs: refers to the amount reserved by the employer for the work to be subcontracted in accordance with the relevant regulations, and the amount reserved for the supply of materials by the designated subcontractor or the designated material supplier.
1.16 General Contracting Service Fee: The cost of subcontracting and material procurement in order to cooperate with and coordinate the employer.
1.17 Incidental work project cost: the cost of completing the sporadic work of the provisional estimate of the quantity proposed by the employer.
1.18 Additional Contract Price: refers to the contract price that needs to be increased in the performance of the contract and increased according to the method of calculating the contract price after confirmation by the employer.
1.19 Expenses: refers to the economic expenses that are not included in the contract price and should be borne by the employer or the contractor.
1.20 Construction period: refers to the number of contract days calculated according to the total number of calendar days (including statutory holidays) as agreed by the employer and contractor in the agreement.
1.21 Commencement date: refers to the absolute or relative date on which the employer and contractor agree in the agreement that the contractor will commence construction.
1.22 Completion date: refers to the absolute or relative date on which the employer and the contractor agree in the agreement that the contractor will complete the project within the scope of the contract.
1.23 Drawings: refers to all drawings (including supporting instructions and related materials) provided by or provided by the Contractor and approved by the Employer to meet the construction needs of the Contractor.
1.24 Construction site: refers to the place provided by the employer for the construction of the project and any other place specifically designated by the employer in the drawings for construction use.
1.25 Written form: means the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.
1.26 Liability for breach of contract: refers to the liability of one party to the contract if it fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement.
1.27 Claim: refers to the request for economic compensation and/or extension of the construction period from the other party for the actual loss caused by the situation that is not the fault of the other party but should be borne by the other party during the performance of the contract.
1.28 Force majeure: refers to unforeseeable, unavoidable and insurmountable objective circumstances.
1.29 hours or days: if the time is calculated by the hour as specified in this contract, it shall be calculated from the effective start of the event (without deducting the rest period); Where it is stipulated that the time is calculated on a daily basis, it shall not be counted on the day of commencement and shall be calculated from the next day. If the last day of the time limit is a rest day or other statutory holiday, the day following the holiday shall be the last day of the time limit, except for the completion date. The deadline for the last day of the deadline is 24 o'clock on the same day.
2. Contract documents and order of interpretation
2.1 Contract documents should be able to interpret and explain each other. Unless otherwise agreed in the Specific Clauses, the documents that make up this contract and the order of priority interpretation are as follows:
1. This contract agreement
2. Special terms of this contract
3. General Terms and Conditions of this Contract
4. Notice of winning the bid
5. Tenders, project quotations or budgets and their attachments
6. Bidding documents, Q&A minutes and bill of quantities
7. Drawings
8. Standards, specifications and related technical documents
The written agreements and documents related to negotiation and modification between the parties for the performance of this contract shall be regarded as an integral part of this contract.
2.2 When the content of the contract documents is ambiguous or inconsistent, it shall be resolved through negotiation between the employer and the contractor without affecting the normal progress of the project. Both parties may also submit to the supervising engineer for explanation. If the two parties fail to reach an agreement through negotiation or do not agree with the interpretation of the engineer in charge of supervision, the dispute shall be handled in accordance with the provisions of Article 41 of these General Terms and Conditions.
3. Language and applicable laws, standards and norms
3.1 Language
This contract document is written, explained and explained in Chinese language. If the special clause stipulates the use of two or more languages, Chinese shall be the standard language for the interpretation and explanation of this contract.
3.2 Governing Law and Regulations
This contract document is governed by the laws and administrative regulations of the state. The laws and administrative regulations that need to be expressly stated shall be agreed upon by both parties in the special terms.
3.3 Applicable Standards and Specifications
The two parties agree on the names of the applicable national standards and norms in the special terms; Where there are no national standards or norms but there are industry standards or norms, agree on the name of the applicable industry standards or norms; If there are no national or industry standards or norms, agree on the name of the local standards and norms where the project is located. The employer shall provide the contractor with the agreed standards and specifications in duplicate at the time agreed in the special clauses.
If there are no corresponding standards or norms in China, the employer shall submit the construction technical requirements to the contractor at the time agreed in the special clauses, and the contractor shall propose the construction technology according to the agreed time and requirements, and implement it after approval by the employer. If the contractor requests the use of foreign standards and norms, it shall be responsible for providing Chinese translations.
The costs incurred in this article for purchasing, translating standards, specifications or formulating construction techniques shall be borne by the employer.
4. Drawings
4.1 The Employer shall provide the Contractor with the drawings on the date and number of sets agreed in the Special Terms. If the contractor needs to increase the number of sets of drawings, the employer shall reproduce them on behalf of the contractor, and the cost of reproduction shall be borne by the contractor. If the employer has a confidentiality requirement for the project, it shall put forward a confidentiality requirement in the special clauses, and the employer shall bear the cost of confidentiality measures, and the contractor shall perform the confidentiality obligation within the agreed confidentiality period.
4.2 The contractor shall not transfer the engineering drawings to a third party without the consent of the employer. After the expiration of the project quality warranty, all drawings shall be returned to the employer except for the drawings required by the contractor's archive.
4.3 The Contractor shall retain a complete set of drawings at the construction site for use by engineers and relevant personnel in carrying out engineering inspections.
2. General rights and obligations of the parties
5. Engineer
5.1 In the case of project supervision, the employer shall notify the contractor in writing of the name of the entrusted supervision unit, the content of the supervision and the authority of the supervision before the implementation of the supervision.
5.2 The supervising engineer appointed by the supervision unit shall be called the engineer in this contract, and his name, position, contact information, and authority shall be specified by the employer and contractor in the special terms. If the engineer exercises his or her powers as agreed in the contract, and the employer requires the engineer to obtain the approval of the employer before exercising certain powers in the special clauses, the engineer shall obtain the approval of the employer.
5.3 The representative of the employer stationed at the construction site to perform the contract is also referred to as the engineer in this contract, and his name, position, contact information and authority shall be specified by the employer in the special terms, but the authority shall not overlap with the authority of the supervising engineer appointed by the supervision unit. In the event of overlap or ambiguity between the functions and powers of the two parties, the employer shall clarify the situation and notify the contractor in writing.
5.4 In the performance of the contract, when an event occurs that affects the rights or obligations of both the employer and the contractor, the engineer in charge of supervision shall deal with it objectively and impartially within the scope of his authority in accordance with the contract. In the event that one party disagrees with the Engineer's disposition, it shall be handled in accordance with the provisions of Article 41 of these General Terms and Conditions regarding the dispute.
5.5 Unless expressly agreed in the contract or agreed by the employer, the engineer in charge of supervision shall not have the right to terminate any rights and obligations of the contractor as stipulated in this contract.
5.6 If the project supervision is not carried out, the engineer in this contract refers to the representative of the employer stationed at the construction site to perform the contract, and his specific authority shall be specified by the employer in the special clauses.
6. Assignment and instructions of engineers
6.1 The Engineer may appoint a representative of the Engineer to exercise his or her own powers as agreed in the Contract, and may withdraw the appointment as he deems necessary. The contractor shall be notified in writing 7 days in advance of the assignment and withdrawal, and the engineer in charge of supervision shall also notify the employer of the assignment and withdrawal. The letter of assignment and the notice of withdrawal are annexed to this contract.
Any communication in writing from the Engineer's representative to the Contractor within the scope of the Engineer's authority shall have the same force and effect as a communication from the Engineer. If the Contractor has any doubts about any communication in writing sent to it by the Engineer's representative, the Contractor may submit such communication to the Engineer, who shall confirm it. If there is a mistake in the instruction given by the engineer's representative, the engineer shall correct it.
Except for the engineer or the engineer's representative, no other person of the employer stationed at the site has the authority to give any instructions to the contractor.
6.2 The instructions and notices of the engineer shall be signed by the engineer himself and handed over to the project manager in writing, and the project manager shall sign the name and time of receipt on the receipt. If necessary, the engineer may give oral instructions and give written confirmation within 48 hours, and the contractor's instructions to the engineer shall be carried out. If the engineer fails to give written confirmation in time, the contractor shall submit a written confirmation request within 7 days after the engineer issues the oral instruction. If the engineer does not reply within 48 hours after the contractor makes a request for confirmation, it shall be deemed that the oral instruction has been confirmed.
If the contractor considers that the engineer's instruction is unreasonable, it shall submit a written report to the engineer within 24 hours after receiving the instruction, and the engineer shall make a decision to modify the instruction or continue to implement the original instruction within 24 hours after receiving the contractor's report, and notify the contractor in writing. In the event of an emergency, the Contractor shall execute an order which the Engineer requires the Contractor to execute immediately or an order that the Engineer decides to continue to perform despite the Contractor's objections. The employer shall bear the additional contract price and the losses caused to the contractor due to the erroneous instruction, and the delay shall be extended accordingly.
The provisions of this paragraph shall also apply to instructions and notices issued by representatives of engineers.
6.3 The Engineer shall provide the Contractor with the required instructions, approvals and other obligations in a timely manner as agreed in the contract. If the engineer fails to perform his obligations as agreed in the contract and causes the delay in the construction period, the employer shall bear the additional contract price caused by the delay, compensate the contractor for the relevant losses, and extend the delayed construction period.
6.4 If there is a need to replace the engineer, the employer shall notify the contractor in writing at least 7 days in advance, and the successor shall continue to exercise the functions and powers of the predecessor as stipulated in the contract documents and perform the obligations of the predecessor.
7. Project manager
7.1 The name and position of the project manager shall be specified in the special terms.
7.2 The notice given by the Contractor in accordance with the Contract shall be signed in writing by the Project Manager and sent to the Engineer, who shall sign the receipt and the time of receipt.
7.3 The project manager shall organize the construction according to the construction organization design (construction plan) approved by the employer and the instructions issued by the engineer in accordance with the contract. In the event of an emergency and the engineer cannot be contacted, the project manager shall take emergency measures to ensure the safety of personnel's lives and the safety of the project and property, and send a report to the engineer within 48 hours after taking the measures. If the responsibility lies with the employer or a third party, the employer shall bear the additional contract price arising therefrom, and the construction period shall be extended accordingly; The responsibility lies with the contractor, and the contractor shall bear the costs and the construction period shall not be extended.
7.4 If the Contractor needs to change the project manager, it shall notify the Employer in writing at least 7 days in advance and obtain the consent of the Employer. The successor shall continue to exercise the functions and powers of the predecessor as agreed in the contract documents and perform the obligations of the predecessor.
7.5 The Employer may, in consultation with the Contractor, recommend the replacement of the Project Manager whom it considers to be incompetent.
8. The work of the employer
8.1 The Employer shall complete the following tasks in accordance with the content and time agreed in the Special Terms:
(1) Demolition and removal of obstacles at the construction site, so that the construction site has comprehensive construction conditions, and continue to be responsible for solving the remaining problems of the above matters after the start of construction;
(2) Connect the water, electricity and telecommunication lines required for construction from the outside of the construction site to the place agreed in the special clauses to ensure the needs during the construction period;
(3) Open the passage between the construction site and the urban and rural public roads, as well as the main roads in the construction site as agreed in the special terms, meet the needs of construction and transportation, and ensure the smooth flow during the construction period;
(4) Provide the contractor with the engineering geology and underground pipeline data of the construction site, and be responsible for the authenticity and accuracy of the data;
(5) Handle the application and approval procedures for construction permits and other approvals required for construction and certificates for temporary land, water outage, power outage, road traffic interruption, blasting operation, etc. (except for certificates proving the contractor's own qualifications);
(6) Determine the leveling point and coordinate control point, and hand it over to the contractor in writing for on-site inspection;
(7) Organize contractors and design units to review drawings and make design disclosures;
(8) Coordinate and deal with the protection of underground pipelines around the construction site and adjacent buildings, structures (including cultural relics protection buildings), ancient and famous trees, and bear relevant costs;
(9) Other work to be done by the employer shall be agreed upon by both parties in the special clauses.
8.2 The Employer may entrust part of the work under Paragraph 8.1 to the Contractor, and both parties shall agree in the special terms and conditions that the Employer shall bear the costs thereof.
8.3 If the Employer fails to perform the obligations under Paragraph 8.1, resulting in a delay in the construction period or losses to the Contractor, the Employer shall compensate the Contractor for the relevant losses and extend the delayed construction period.
9. Contractor work
9.1 The Contractor shall complete the following tasks in accordance with the content and time agreed in the Special Terms:
(1) According to the entrustment of the employer, within the scope of its design qualification level and business permission, complete the construction drawing design or the design supporting the project, and use it after confirmation by the engineer, the employer shall bear the expenses incurred thereby;
(2) Provide annual, quarterly and monthly project schedules and corresponding progress statistical reports to engineers;
(3) According to the needs of the project, provide and maintain lighting and fence facilities for non-night construction; Responsible for the safety and security of the construction site;
(4) Provide the employer with the premises and facilities for office and living at the construction site according to the quantity and requirements agreed in the special terms, and the employer shall bear the expenses incurred thereby;
(5) Comply with the management regulations of the relevant government departments on the safety protection, civilized construction, environmental protection and site transportation of the construction site, go through the relevant procedures according to the regulations, and notify the employer in writing, and the employer shall bear the expenses incurred thereby, except for the fines caused by the responsibility of the contractor;
(6) Before the completed project is delivered to the employer, the contractor shall be responsible for the protection of the completed project and the maintenance of the greening seedlings according to the special terms, and the contractor shall repair the damage during the protection period and bear the corresponding expenses at its own expense.
The employer shall bear the corresponding costs for the parts of the project that the employer requires the contractor to take special measures to protect, or for the seedling planting projects that require special maintenance measures, and the specific requirements, technical measures and corresponding expenses shall be agreed upon by both parties in the special clauses.
(7) According to the special terms, do a good job in the protection of the underground pipelines of the construction site and adjacent buildings, structures (including cultural relics protection buildings), and ancient and famous trees;
(8) Ensure that the cleanliness of the construction site complies with the relevant provisions of environmental sanitation management, clean up the site before delivery to meet the requirements agreed in the special terms, and bear the losses and fines caused by violating the relevant regulations due to their own reasons;
(9) Other work to be done by the contractor shall be agreed between the two parties in the special clauses.
9.2 If the Contractor fails to perform the obligations under Paragraph 9.1 and causes losses to the Employer, the Contractor shall compensate the Employer for the relevant losses.
3. Construction organization design and construction period
10. Schedule
10.1 The contractor shall submit the construction organization design and project schedule to the engineer on the date agreed in the special clauses, and the engineer shall confirm or propose amendments within the time agreed in the special clauses.
10.2 If the construction of the unit project in a group project is carried out in stages, the contractor shall prepare a schedule according to the time when the employer provides the drawings and relevant materials, and the specific content of which shall be agreed by both parties in the special terms.
10.3 The contractor shall organize the construction according to the schedule confirmed by the engineer, and accept the inspection and supervision of the progress by the engineer. If the actual progress of the project is inconsistent with the confirmed schedule, the contractor shall propose improvement measures according to the requirements of the engineer, and implement them after confirmation by the engineer. If the actual progress is inconsistent with the schedule due to the contractor's reasons, the contractor has no right to propose additional contract price for improvement measures.
11. Commencement and postponement of start
11.1 The Contractor shall commence construction in accordance with the date of commencement of construction as agreed in the Agreement. If the contractor fails to start construction on time, it shall submit in writing to the engineer the reasons and requirements for postponing the start of construction no later than 7 days before the date of commencement agreed in the agreement. The engineer shall reply to the contractor in writing within 48 hours after receiving the application for postponement of commencement. If the engineer does not reply within 48 hours after receiving the application for extension of construction, it shall be deemed to have agreed to the contractor's request, and the construction period shall be extended accordingly. If the engineer does not agree to the extension request or the contractor fails to submit a request for an extension of construction within the specified time, the construction period will not be extended.
11.2 If the Employer is unable to commence construction on the date agreed in the Agreement due to reasons attributable to the Employer, the Engineer shall notify the Contractor in writing to postpone the commencement date. The employer shall compensate the contractor for the losses caused by the delay in the commencement of construction, and extend the construction period accordingly.
12. Suspend construction
If the engineer deems it necessary to suspend the construction, he shall request the contractor to suspend the construction in writing and submit a written opinion within 48 hours after the request is made. The contractor shall stop the construction at the request of the engineer and properly protect the completed project. After implementing the handling opinions made by the engineer, the contractor may submit a request for resumption of work in writing, and the engineer shall reply within 48 hours. If the engineer fails to provide a handling opinion within the specified time, or fails to reply within 48 hours after receiving the contractor's request to resume work, the contractor may resume work on its own. If the work is suspended due to reasons attributable to the employer, the employer shall bear the additional contract price incurred, compensate the contractor for the losses caused thereby, and extend the construction period accordingly; If the work is suspended due to the contractor's reasons, the contractor shall bear the expenses incurred, and the construction period shall not be extended.
13. Delay in construction period
13.1 If the construction period is delayed due to the following reasons, the construction period shall be extended accordingly upon confirmation by the engineer:
(1) The employer fails to provide drawings and conditions for commencement of construction as agreed in the special terms;
(2) The employer fails to pay the advance payment and progress payment of the project on the agreed date, resulting in the construction being unable to proceed normally;
(3) The engineer fails to provide the required instructions and approvals as agreed in the contract, resulting in the construction not being carried out normally;
(4) design changes and engineering quantity increases;
(5) The work is suspended for more than 8 hours in a week due to water outage, power outage and gas outage not attributable to the contractor;
(6) force majeure;
(7) Other circumstances agreed in the special terms or agreed by the engineer to extend the construction period.
13.2 The Contractor shall, within 14 days of the occurrence of paragraph 13.1, report in writing to the Engineer on the delay in the construction period. The engineer shall confirm or propose amendments within 14 days after receiving the report.
14. The project was completed
14.1 The Contractor shall complete the construction in accordance with the completion date agreed in the Agreement or within such period as the Engineer agrees to extend.
14.2 The Contractor shall be liable for breach of contract if the Contractor fails to complete the construction in accordance with the completion date agreed in the agreement or the extension period agreed by the Engineer due to reasons attributable to the Contractor.
14.3 If the employer needs to complete the construction ahead of schedule, the two parties shall sign an early completion agreement as part of the contract documents after reaching an agreement. The early completion agreement shall include the measures taken by the contractor to ensure the quality and safety of the project, the conditions provided by the employer for the early completion of the project, and the additional contract price required for the early completion of the project.
Fourth, quality and inspection
15. Project quality
15.1 The quality of the project shall meet the quality standards agreed in the agreement, and the evaluation of the quality standards shall be based on the national or industry quality inspection and evaluation standards. If the quality of the project fails to meet the agreed quality standards due to the contractor's reasons, the contractor shall be liable for breach of contract.
15.2 If there is a dispute between the two parties on the quality of the project, it shall be appraised by the engineering quality inspection agency agreed by both parties, and the required costs and losses caused thereby shall be borne by the responsible party. The responsibilities of both parties shall be borne separately by each party according to their respective responsibilities.
15.3 During the planting and construction of the landscaping project, if the contractor believes that the existing soil of the project site cannot meet the requirements of greening planting, the soil shall be improved.
16. Inspection and rework
16.1 The Contractor shall conscientiously follow the requirements of the standards, specifications and design drawings as well as the instructions issued by the Engineer in accordance with the Contract, and accept the inspection and inspection of the Engineer at any time to provide convenient conditions for the inspection and inspection.
16.2 If the quality of the work does not meet the agreed standards, the engineer shall require the contractor to dismantle and reconstruct the part of the project as soon as it is discovered, and the contractor shall dismantle and reconstruct the work according to the engineer's requirements until the agreed standards are met. If the contractor fails to meet the agreed standards due to reasons attributable to the contractor, the contractor shall bear the costs of demolition and reconstruction, and the construction period shall not be extended.
If the specifications and quality of the greening seedlings planted by the contractor do not meet the requirements of the contract or design, they shall be replaced by seedlings that meet the requirements during the planting season. The cost shall be borne by the contractor, and the construction period shall not be extended.
16.3 The inspection and inspection of the engineer shall not affect the normal progress of the construction. If the normal progress of the construction is affected, and the inspection is unqualified, the cost of affecting the normal construction shall be borne by the contractor. In addition, the employer shall bear the additional contract price that affects the normal construction, and the construction period shall be extended accordingly.
16.4 The employer shall bear the additional contract price incurred due to the engineer's instruction error or other reasons not attributable to the contractor.
17. Concealed engineering and intermediate acceptance
17.1 If the project has concealed conditions or reaches the intermediate acceptance part agreed in the special clauses, the contractor shall conduct a self-inspection and notify the engineer in writing of the acceptance 48 hours before the concealment or intermediate acceptance. The notice includes the content of covert and intermediate acceptance, the time and place of acceptance. The contractor prepares the acceptance record, and after the acceptance is qualified, and the engineer signs the acceptance record, the contractor can carry out concealment and continue the construction. If the acceptance is unqualified, the contractor shall revise it within the time limit set by the engineer and re-accept it.
17.2 If the Engineer fails to carry out the acceptance on time, he shall submit a written request to the Contractor for an extension of time 24 hours before the acceptance, and the extension shall not exceed 48 hours. If the engineer fails to request an extension within the above time and does not carry out the acceptance, the contractor may organize the acceptance on its own, and the engineer shall recognize the acceptance record.
17.3 If the quality of the project meets the requirements of standards, specifications and design drawings after acceptance by the engineer, and the engineer does not sign the acceptance record 24 hours after acceptance, it shall be deemed that the engineer has approved the acceptance record, and the contractor may conceal or continue the construction.
18. Re-inspection
Regardless of whether the engineer conducts acceptance or not, when he requests a re-inspection of the work that has been concealed, the contractor shall strip or open the hole as required, and re-cover or repair it after the inspection. If the inspection is qualified, the employer shall bear all the additional contract price incurred thereby, compensate the contractor for the loss, and extend the construction period accordingly. If the inspection fails, the contractor shall bear all the costs incurred, and the construction period shall not be extended.
19. Engineering commissioning
19.1 For this landscaping project, if it includes installation items such as mechanical and electrical equipment, sprinkler irrigation, garden lighting, etc., and both parties agree that a test run is required, the test content shall be consistent with the installation scope contracted by the contractor.
19.2 If the equipment installation project has the conditions for stand-alone no-load commissioning, the contractor shall organize the commissioning and notify the engineer in writing 48 hours before the commissioning. The notice includes the content, time, and place of the test. The contractor prepares the test record, and the employer provides the necessary conditions for the test run according to the contractor's requirements. The test run is qualified, and the engineer signs the test record.
19.3 If the engineer is unable to attend the commissioning on time, he or she shall request an extension in writing to the contractor 24 hours before the commencement of the commissioning, and the extension shall not exceed 48 hours. If the engineer fails to request an extension within the above time and does not participate in the commissioning, the commissioning record shall be recognized.
19.4 If the equipment installation project meets the conditions for no-load linkage test, the employer shall organize the test run and notify the contractor in writing 48 hours before the test run. The notice includes the content, time, place and requirements for the contractor, and the contractor makes preparations as required. If the test is qualified, both parties shall sign the test record.
19.5 Responsibilities of the Parties
(1) If the commissioning fails to meet the acceptance requirements due to design reasons, the employer shall request the design unit to modify the design, and the contractor shall reinstall the design according to the modified design. The employer shall bear all the costs of modification of the design, dismantling and reinstallation, as well as the additional contract price, and the construction period shall be extended accordingly.
(2) If the commissioning fails to meet the acceptance requirements due to equipment manufacturing reasons, the party purchasing the equipment shall be responsible for re-purchase or repair, and the contractor shall be responsible for dismantling and re-installation. If the equipment is purchased by the contractor, the contractor shall bear the costs of repairing or repurchasing, dismantling and reinstalling, and the construction period shall not be extended; If the equipment is purchased by the employer or the employer approves the quality and price, and the contractor procures the equipment, the employer shall bear the additional contract price mentioned above, and the construction period shall be extended accordingly.
(3) If the commissioning fails to meet the acceptance requirements due to the contractor's construction reasons, the contractor shall reinstall and test the commissioning according to the requirements of the engineer, and bear the cost of reinstallation and commissioning, and the construction period shall not be extended.
(4) The commissioning costs shall be borne by the employer unless they have been included in the contract price or otherwise agreed in the special terms.
(5) If the engineer does not sign the test record after passing the test run, 24 hours after the end of the test run, it is deemed that the engineer has recognized the test record, and the contractor can continue the construction or go through the completion procedures.
19.6 The commissioning shall be the responsibility of the employer after the completion and acceptance of the project, and if the employer requires the completion and acceptance of the project or requires the cooperation of the contractor, it shall obtain the consent of the contractor and sign a supplementary agreement.
5. Safety protection and civilized construction
20. Employer's Responsibilities
20.1 The Employer shall comply with the provisions on safety protection and civilized construction, urge the Contractor to implement safety protection and civilized construction measures, and pay the fees for safety protection and civilized construction measures in accordance with the regulations.
20.2 The employer shall educate its personnel on the construction site on safety protection and civilized construction, and shall be responsible for their safety.
20.3 During the implementation, completion and warranty period of the contract project, the employer shall not require the contractor to carry out construction in violation of the provisions on safe production and civilized construction and mandatory standards and specifications; The contractor shall not explicitly or implicitly purchase, lease or use safety protective equipment, machinery and equipment, construction equipment and accessories, fire-fighting facilities and equipment that do not meet the requirements for safe construction.
20.4 If the employer violates the above provisions or causes a safety accident due to the employer's reasons, the employer shall bear the corresponding responsibilities and expenses and extend the delayed construction period.
21. Contractor's Liability
21.1 The Contractor shall abide by the provisions on safety protection and civilized construction, establish and improve the system of safety protection and civilized construction, educate its personnel on safety protection and civilized construction on the construction site, and be responsible for their safety.
21.2 Improve the conditions for safety protection and civilized construction, organize construction in strict accordance with the provisions of safety protection and civilized construction, take necessary safety protection measures, eliminate hidden dangers of accidents, and consciously accept and cooperate with the supervision and inspection implemented in accordance with the law.
21.3 During the implementation, completion and warranty period of the contract project, the contractor shall do a good job in the safety warning signs of the construction site, the hardening and necessary greening of the road and the site, the reasonable arrangement of safe passages, the storage and custody of materials and equipment, the complete and effective fire protection facilities, the storage and removal of garbage on site, the lighting and protection of the construction site, and other work stipulated by the relevant government departments on safety protection and civilized construction.
21.4 The fee for safety and civility measures shall be used within the prescribed scope, and the special funds shall be used exclusively and shall not be diverted for other purposes.
21.5 The Contractor shall be responsible for the safe construction of the contract project and shall report the production safety accidents in a timely and truthful manner. In the event of a safety accident caused by the contractor's violation of the above provisions or due to the contractor's reasons, the contractor shall bear the corresponding responsibilities and expenses, and the construction period shall not be extended.
22. When the contract project is adjacent to power equipment, transmission lines, underground pipelines, sealed and earthquake-proof workshops, flammable and explosive sections, buildings (structures) and frontage traffic arteries, if protective measures shall be taken in accordance with relevant regulations, the contractor shall propose safety protection measures to the engineer before the construction begins, and implement them after approval by the engineer. The cost of protective measures shall be borne by the employer.
23. When carrying out blasting operations, construction (including storage, transportation, and use) in radioactive or toxic environments and using toxic or corrosive materials, the contractor shall notify the engineer in writing 14 days before construction, and propose corresponding safety protection measures, which shall be implemented after approval by the engineer, and the employer shall bear the cost of safety protection measures.
24. Accident handling
24.1 In the event of casualties and other safety accidents, the contractor shall immediately report to the relevant departments and notify the engineer in accordance with the relevant regulations, and at the same time deal with them according to the requirements of the relevant government departments, and the party responsible for the accident shall bear the expenses incurred.
24.2 If the employer or contractor has a dispute over the liability for the accident, it shall be handled in accordance with the determination of the relevant government departments.
6. Contract price
25. The measurement rules and pricing methods of the project shall be subject to the "×× Provincial Construction Project Bill of Quantities Valuation Rules" and related regulations, and the engineer shall carry out the engineering measurement and valuation in accordance with the above provisions in accordance with the contract.
26. The contract price is agreed
26.1 The contract price of the bidding project shall be agreed in the agreement by the employer and the contractor in accordance with the bid winning price in the bid winning notice. The contract price of the non-bidding project shall be agreed in the agreement by the employer and the contractor in accordance with the project budget confirmed by both parties.
26.2 After the contract price is agreed in the agreement, neither party shall change it without authorization. The parties may agree to adopt one of the following three ways to determine the contract price in the special clauses:
(1) Fixed lump sum contract. For projects with a short contract period and a low total contract price, a fixed-price contract may be adopted.
(2) Fixed comprehensive unit price contract. It is generally applicable to the valuation project of the bill of quantities. The parties agree on the risk scope included in the comprehensive unit price in the special terms, and the comprehensive unit price will not be adjusted within the agreed risk range. The method of adjusting the comprehensive unit price outside the scope of risk shall be agreed in the special clauses.
(3) Adjustable price contracts. The adjustable price includes the adjustable comprehensive unit price and the cost of the measure item, etc., and the two parties shall agree on the adjustment method of the comprehensive unit price and the measure item fee in the special terms.
27. Adjustment of contract price
27.1 The adjustment factors for the quantity of work, the comprehensive unit price and the cost of the measure in the price include:
(1) Changes in laws, administrative regulations and relevant national policies affect the contract price;
(2) the price adjustment of the project cost management agency;
(3) approved design changes;
(4) The employer changes the approved construction organization design (except for correcting errors) and causes changes in costs;
(5) If the quantity of the bill of quantities is inconsistent with the actual quantity, it shall be adjusted and calculated according to the actual quantity;
(6) Expense claims or other circumstances for which the employer is responsible;
(7) Other factors agreed by the parties in the Special Terms.
27.2 The Contractor shall, within 14 days after the occurrence of the circumstances described in Clause 27.1, notify the Engineer in writing of the reason and amount of the adjustment, and the Engineer shall confirm the amount of the adjustment as an additional contract price and pay it at the same time as the project payment. If the engineer does not confirm or propose amendments within 14 days after receiving the notice from the contractor, it shall be deemed that he has agreed to the adjustment. If the contractor fails to notify the employer within the prescribed time, or fails to submit an adjustment report within the prescribed time, the employer may, on the basis of relevant materials, decide whether to adjust and the amount of adjustment and notify the contractor in writing, and if the contractor has any objection and no consensus is reached through negotiation, it shall be handled in accordance with the provisions of Article 41 on disputes.
28. Advance payment for the project
28.1 The two parties shall stipulate in the special clauses the proportion, time and deduction method of the advance payment made by the employer to the contractor, and deduct it according to the agreed time and proportion after the commencement of construction. The advance payment shall not be less than 10% of the total contract price and shall not be higher than 30% of the total contract price. The prepayment time shall be within one month after the signing of the contract by both parties or no later than 7 days before the agreed date of commencement. If the employer fails to make the advance payment as agreed, and the contractor sends a notice to the employer within 10 days after 7 days of the agreed advance payment time, and the employer still fails to make the advance payment as required after receiving the notice, the contractor may stop the construction after 14 days after the notice is issued, and the employer shall pay the contractor the loan interest (the interest rate shall be calculated according to the bank loan interest rate for the same period) from the date of payment as agreed, and bear the liability for breach of contract.
28.2 The prepayment method shall be agreed in the special terms and conditions for safety protection and civilized construction measures. If the contract period is less than one year, the prepayment ratio shall not be less than 70% of the total amount; If the contract period is more than one year (including one year), the prepayment ratio shall not be less than 50% of the total amount.
29. Confirmation of the completed engineering quantity
29.1 The Contractor shall submit to the Engineer a report of the quantities completed in accordance with the method and time agreed upon in the Special Terms. Within 14 days after receiving the report, the engineer shall verify the completed project quantity (hereinafter referred to as the measurement) according to the design drawings, and notify the contractor 24 hours before the measurement, and the contractor shall provide convenient conditions for the measurement and send personnel to participate. The contractor does not participate in the measurement after receiving the notice, and the measurement results are valid and used as the basis for the payment of the project price.
29.2 If the Engineer does not carry out the measurement within 14 days after receiving the Contractor's report, the quantity listed in the Contractor's report shall be deemed to have been confirmed from the 15th day onwards and shall be used as the basis for payment of the project price. The engineer fails to notify the contractor at the agreed time, resulting in the contractor's failure to participate in the measurement, and the measurement results are invalid.
29.3 The Engineer shall not measure the amount of work that the Contractor exceeds the scope of the design drawings (including design changes) and the amount of work that is reworked due to the Contractor's reasons.
30. Settlement and payment of project progress payment
30.1 The parties shall agree on the payment method of the progress payment in the special terms. Settlement payment methods are divided into monthly settlement payment and phased settlement payment.
30.2 Within 14 days after confirming the measurement results, the employer shall pay to the contractor a progress payment of not less than 75% of the amount payable and not more than 90% of the amount payable. The advance payment to be deducted by the employer at the agreed time shall be settled and deducted at the same time as the progress payment of the project.
30.3 The contract price determined in Article 27 of these General Terms, the contract price adjusted in Article 35 and the additional contract price agreed in other terms and conditions shall be adjusted and paid at the same time as the progress payment.
30.4 If the employer fails to pay the progress payment beyond the agreed payment time, the contractor shall promptly send a notice to the employer requesting payment, and if the employer is still unable to make payment as required after receiving the notice from the contractor, it may negotiate with the contractor to sign a deferred payment agreement, which can be deferred with the consent of the contractor. The agreement should specify the time of deferred payment and the calculation of the loan interest payable from the 15th day after the confirmation of the measurement results (the interest rate is calculated according to the bank loan interest rate for the same period).
30.5 If the employer fails to pay the progress payment as agreed in the contract, and the two parties fail to reach an agreement on deferred payment, resulting in the construction being unable to proceed, the contractor may stop the construction and the employer shall bear the liability for breach of contract.
7. Supply of materials and equipment
31. The employer supplies materials, equipment and seedlings
31.1 In the case of the Employer's supply of materials, equipment and seedlings, the Parties shall agree on a list of materials and equipment supplied by the Employer as an annex to this Contract (Annex 4). The list includes the variety, specification, model, quantity, unit price, quality grade, time and place of supply of materials and equipment and seedlings supplied by the employer.
31.2 The Employer shall be responsible for the quality of the Materials, Equipment and Seedlings provided by the Employer in accordance with the contents of the List, and the Certificate of Conformity of the Products to the Contractor. The employer shall notify the contractor in writing 24 hours before the arrival of the materials and equipment supplied, and the contractor shall send someone to take stock with the employer.
31.3 The materials, equipment and seedlings supplied by the Employer shall be properly kept by the Contractor after the Contractor sends personnel to participate in the inventory, and the Employer shall pay the corresponding storage fees. In the event of loss or damage due to reasons attributable to the contractor, the contractor shall be responsible for compensation. If the employer fails to notify the contractor of the inventory, the contractor shall not be responsible for the custody of materials, equipment and seedlings, and the employer shall be responsible for the loss or damage.
31.4 If the materials, equipment and seedlings supplied by the employer do not conform to the list, the employer shall bear the relevant responsibilities. The specific content of the employer's liability shall be agreed upon by both parties in the special clause according to the following circumstances:
(1) If the unit price of materials, equipment and seedlings does not match the list, the employer shall bear all the price differences;
(2) If the variety, specification, model and quality grade of the materials, equipment and seedlings do not conform to the list, the contractor may refuse to accept and keep them, and the employer shall transport them out of the construction site and purchase them again;
(3) If the specifications and models of the materials and seedlings supplied by the employer are inconsistent with the list, the contractor may, with the consent of the employer, adjust and replace them on behalf of the employer, and the employer shall bear the corresponding costs;
(4) If the place of arrival is inconsistent with the list, the employer shall be responsible for transporting the goods to the place specified in the list;
(5) If the quantity supplied is less than the quantity agreed in the list, the employer shall make up for it, and if the quantity exceeds the quantity agreed in the list, the employer shall be responsible for transporting the excess part out of the construction site;
(6) If the arrival time is earlier than the time agreed in the list, the employer shall bear the storage costs incurred thereby; If the arrival time is later than the supply time agreed in the list, the employer shall compensate the contractor for the losses caused thereby, and if the construction period is delayed, the construction period shall be extended accordingly;
31.5 The Contractor shall be responsible for the inspection or test of the materials, equipment and seedlings supplied by the Employer before use, and shall not use those that are unqualified, and the cost of the inspection or test shall be borne by the Employer.
31.6 The settlement method for the supply of materials, equipment and seedlings by the employer shall be agreed between the parties in the special terms.
32. The contractor purchases materials, equipment and seedlings
32.1 If the Contractor is responsible for the procurement of materials, equipment and seedlings, it shall procure them in accordance with the special terms and conditions and the requirements of the design and relevant standards, and shall provide the product qualification certificate, and shall be responsible for the quality of the materials, equipment and seedlings. The contractor shall notify the engineer of the inventory 24 hours before the arrival of the materials and equipment.
32.2 If the materials, equipment and seedlings purchased by the Contractor do not meet the requirements of the design standards, the Contractor shall transport them out of the construction site at the time required by the engineer and purchase new products that meet the requirements, and bear the expenses incurred thereby, and the construction period delayed shall not be extended.
32.3 Before the materials, equipment and seedlings purchased by the Contractor are used, the Contractor shall conduct inspection or testing according to the requirements of the engineer, and shall not use those that are unqualified, and the cost of inspection or test shall be borne by the Contractor.
32.4 When the Engineer discovers that the Contractor has procured and used materials, equipment and seedlings that do not meet the requirements of the design and standards, the Contractor shall be required to be responsible for repairing, dismantling or re-procuring, and the Contractor shall bear the costs incurred, and the delay shall not be extended.
32.5 When the Contractor needs to use substitute materials, it shall be approved by the engineer before they can be used, and the contract price shall be increased or decreased by the parties in writing.
32.6 The Employer shall not designate a manufacturer or supplier of materials, equipment and seedlings procured by the Contractor.
8. Project changes
33. Engineering design changes
33.1 If the employer needs to make changes to the original engineering design during construction, it shall send a notice of change to the contractor in writing 14 days in advance. When the change exceeds the original design standard or the approved construction scale, the employer shall report to the planning management department and other relevant departments for re-examination and approval, and the original design unit shall provide the corresponding drawings and explanations for the change. The contractor shall make the following necessary changes in accordance with the change notice issued by the engineer and the relevant requirements:
(1) Change the elevation, baseline, location and size of the relevant part of the project;
(2) Increase or decrease the amount of work agreed in the contract;
(3) change the construction time and sequence of the relevant works;
(4) Other additional work required for engineering changes.
The employer shall bear the increase or decrease of the contract price and the losses incurred by the contractor due to the change, and the delayed construction period shall be extended accordingly.
33.2 The Contractor shall not make changes to the original engineering design during construction. The expenses incurred by the contractor due to the contractor's unauthorized alteration of the design and the direct losses caused by the employer shall be borne by the contractor, and the delayed construction period shall not be extended.
33.3 The Contractor's rationalization proposals during construction involving changes to the design drawings or construction organization design and the replacement of materials, equipment and seedlings shall be subject to the consent of the Engineer. In the event of unauthorized alteration or replacement, the contractor shall bear the costs incurred therefrom and compensate the employer for the relevant losses, and the delayed construction period shall not be extended. The engineer agrees to adopt the contractor's rationalization proposal, and the expenses incurred and the income obtained shall be separately agreed upon by the employer and the contractor to share or share.
34. Miscellaneous Changes
In the performance of the contract, the employer requests to change the project quality standards and other substantive changes, which shall be resolved through negotiation between the two parties.
35. Determine the price of the change
35.1 The contractor shall, within 14 days after the change of the project is confirmed, submit a report on the change of the project price, and adjust the contract price after confirmation by the engineer. The change of contract price shall be carried out in the following manner:
(1) If there is a comprehensive unit price or price applicable to the change project in the contract, the contract price shall be changed according to the existing comprehensive unit price or price in the contract;
(2) In the contract, there is only a comprehensive unit price or price similar to the change project, and the contract price can be changed with reference to the similar comprehensive unit price or price;
(3) If there is no comprehensive unit price or price applicable to or similar to the change project in the contract, the contractor or the employer shall propose the comprehensive unit price or price, which shall be executed after confirmation by both parties.
35.2 The Contractor shall, within 14 days after the parties confirm the change, submit a report to the Engineer on the price of the change project, otherwise the Employer may decide whether to adjust the contract price and the specific amount of the adjustment according to the information in its possession, and notify the Contractor in writing.
35.3 The Engineer shall confirm the change project price report within 14 days from the date of receipt of the change project price report, and if the engineer does not confirm or put forward a negotiation opinion without justifiable reasons, the change project price report shall be deemed to have been confirmed after 14 days from the date of delivery of the change project price report.
35.4 If the employer and the contractor cannot reach an agreement on the change price, the dispute shall be settled in accordance with the provisions of Article 41 of these General Terms.
35.5 The Contractor shall not be entitled to request additional contract price for any change in the project due to the Contractor's own reasons.
9. Completion acceptance and settlement
36. Completion acceptance
36.1 If the project meets the conditions for completion acceptance, the contractor shall provide the employer with complete completion materials and completion acceptance report in accordance with the relevant provisions of the national project completion acceptance. Where both parties agree that the contractor shall provide the as-built drawings, they shall stipulate the date and number of copies to be provided in the special clauses.
36.2 The employer shall organize the acceptance of the relevant units within 28 days after receiving the completion acceptance report, and shall approve or propose amendments within 14 days after the acceptance. The contractor shall make amendments as required and bear the costs of the amendments caused by its own reasons.
36.3 If the employer does not organize the acceptance within 28 days after receiving the completion acceptance report from the contractor, or does not propose amendments within 14 days after the acceptance, the completion acceptance report shall be deemed to have been accepted.
36.4 If the project is completed and accepted, the date on which the contractor submits the completion acceptance report shall be the actual completion date. If the project passes the completion acceptance after being modified according to the requirements of the employer, the actual completion date shall be the date on which the contractor submits the project to the employer for acceptance after the modification.
36.5 The actual completion date determined in the preceding paragraph is the starting date of the warranty period and the seedling maintenance period of the project.
36.6 The employer shall not organize the acceptance within 28 days after receiving the contractor's completion acceptance report, and shall bear the responsibility for the custody of the project and all accidents from the 29th day.
36.7 The scope and completion time of the intermediate delivery project shall be agreed by the parties in the special clauses, and the acceptance procedures shall be handled in accordance with paragraphs 36.1 to 36.4 of these General Terms.
36.8 If, due to special reasons, the employer requires the completion of part of the project or part of the project, the two parties shall sign a separate agreement on the completion of the project, specifying the responsibilities of both parties and the method of payment of the project price.
36.9 If the project has not been completed and accepted or has not passed the completion acceptance, the employer shall not use it. When the employer forcibly uses it, the employer shall be responsible for the quality and other problems arising therefrom.
37. Completion settlement
37.1 The project completion settlement is divided into unit project completion settlement, individual project completion settlement and total construction project completion settlement.
37.2 The Contractor shall submit the completion settlement report and complete settlement materials to the Employer within 25 days after the completion acceptance of the project, and the two parties shall settle the completion of the project in accordance with the contract price agreed in the agreement and the contract price adjustment content agreed in the special terms.
After the review and confirmation of the completion settlement of the last single project, the summary information of the completion settlement shall be submitted to the employer within 15 days.
37.3 After the employer receives the completion settlement report and settlement materials of the unit's individual projects submitted by the contractor, the employer shall review the project completion settlement report within 20 days for projects with an amount of less than 5 million yuan and within 60 days for projects with an amount of project completion settlement report of more than 5 million yuan (if the contract stipulates a time limit, it shall be agreed). After the employer confirms the completion settlement report, it shall pay the project completion settlement price to the contractor.
37.4 The Contractor shall deliver the completed works to the Employer within 14 days after receiving the settlement price.
37.5 The review shall be completed within 30 days after the employer receives the summary information of the contractor's total settlement of the construction project.
37.6 If the employer does not submit any comments on the settlement report and materials within the time limit specified in this article after receiving the completion settlement report and settlement materials, it shall be deemed to have accepted the settlement report.
37.7 If the Contractor fails to provide complete completion settlement information within the specified time, and fails to provide such information or does not give a clear reply within 14 days after being urged by the Employer, the Employer shall have the right to conduct an examination based on the available information, and the Contractor shall bear the responsibility. If the employer requests the delivery of the project, the contractor shall deliver it; If the employer does not require the delivery of the project, the contractor shall bear the responsibility for safekeeping.
37.8 According to the confirmed completion settlement report, the contractor shall apply to the employer for payment of the project completion settlement payment. The employer shall pay the settlement amount within 15 days after receiving the application, and shall bear the liability for breach of contract if it fails to pay when due. The contractor may urge the employer to pay the settlement price, and if an agreement is reached to postpone payment, the employer shall pay the interest on the arrears of the project price at the bank loan interest rate for the same period. If no agreement is reached on deferred payment, the contractor may negotiate with the employer to discount the price of the project or apply to the people's court to auction the project in accordance with law, and the contractor shall be compensated for the discounted or auctioned price of the project in priority.
37.9 In the event of a dispute between the employer and the contractor over the settlement price for the completion of the project, it shall be handled in accordance with the provisions of Article 41 of these General Terms and Conditions concerning the dispute.
38. Quality assurance and maintenance
38.1 The contractor shall undertake the quality warranty liability for the projects delivered to the employer for use during the quality warranty period in accordance with the relevant provisions of laws, administrative regulations and the Regulations on the Quality Management of Construction Projects.
38.2 Implementation of Quality Warranty. The contractor and the employer shall sign a quality warranty as an annex to this contract. The employer shall clarify the contents of the reservation and return of the security deposit, and agree with the contractor on the following matters involving the security deposit in the terms of the contract:
(1) Deposit reservation and return method;
(2) Margin reservation ratio and period;
(3) whether the interest is calculated and paid on the margin, and if so, the method of calculating the interest;
(4) the duration and calculation method of the defect liability period;
(5) Procedures for the reservation and return of security deposits, as well as the handling of disputes over the quality and cost of project maintenance;
(6) How to claim for defects during the defect liability period.
38.3 The main contents of the warranty include:
(1) The content and scope of the quality warranty project;
(2) Quality warranty period;
(3) Quality warranty liability;
(4) Payment method of quality warranty.
For items within the scope of the warranty, the contractor shall send someone to provide the warranty within 3 days from the date of receipt of the warranty notice. In the event of an emergency repair accident, the contractor shall, after receiving the notice of the accident, arrive at the scene of the accident within 4 hours, unless otherwise agreed by both parties in the special clauses.
38.4 Seedling maintenance
(1) The period of free maintenance of seedlings: agreed by both parties in the special terms. If the employer requests maintenance beyond the specified period, the two parties shall agree on the maintenance time, maintenance measures and maintenance costs in the special terms. If the employer does not pay the maintenance fee during the extended maintenance period, the contractor has the right to refuse the extended maintenance.
(2) During the maintenance period, the greening planting project should meet the basic standards of the relevant national/local and industry standards "Landscaping Maintenance Management Standards".
(3) If seedlings and other plant materials are found to be dead during the maintenance period, they should be replaced according to the original design varieties and specifications in the planting season.
38.5 The quality deposit shall be reserved within 5% of the total settlement amount of the project price.
10. Breach of Agreement, Claims and Disputes
39. Breach of contract
39.1 Employer's breach of contract. When:
(1) The Employer referred to in Clause 28.1 of these General Conditions fails to pay the advance payment for the works on time;
(2) The employer referred to in paragraph 30.5 of these General Terms and Conditions does not pay the construction price as agreed in the contract, resulting in the construction not being carried out;
(3) The employer referred to in paragraph 37.6 of these General Terms and Conditions fails to pay the settlement price for the completion of the project without justifiable reasons;
(4) Other circumstances in which the employer fails to perform its obligations under the contract or does not perform its obligations as agreed in the contract.
The employer shall be liable for breach of contract, compensate for the economic losses caused to the contractor by its breach of contract, and extend the delay in the construction period. The parties shall stipulate in the special clause the calculation method of the employer's compensation for the contractor's losses, or the amount and calculation method of the liquidated damages to be paid by the employer.
39.2 Contractor's Breach of Contract. When:
(1) The Contractor is unable to complete the construction due to the reasons mentioned in Clause 14.2 of these General Terms and Conditions in accordance with the completion date agreed in the Agreement or the extension of the time period agreed by the Engineer;
(2) the quality of the works referred to in Clause 15.1 of these General Terms and Conditions does not meet the quality standards agreed in the Agreement due to the reasons of the Contractor;
(3) Other circumstances in which the contractor fails to perform its obligations under the contract or does not perform its obligations as agreed in the contract.
The contractor shall be liable for breach of contract and compensate for the losses caused to the employer by its breach of contract. The parties shall stipulate in the special clause the calculation method of the contractor's compensation for the employer's losses, or the amount and calculation method of the liquidated damages that the contractor shall pay.
39.3 If one party breaches the contract and the other party requires the breaching party to continue to perform the contract, the breaching party shall continue to perform the contract after assuming the aforesaid liability for breach of contract.
40. Claims
40.1 When a claim is made by one party to the other party, there must be a valid reason for the claim and valid evidence at the time of the occurrence of the claim event.
40.2 If the Employer fails to perform its obligations as agreed in the contract or makes mistakes or other circumstances for which the Employer shall be liable, resulting in the delay in the construction period and/or the Contractor's inability to receive the contract price and other economic losses of the Contractor in a timely manner, the Contractor may claim compensation from the Employer in writing in accordance with the following procedures:
(1) Within 28 days after the occurrence of the claim event, a notice of intention to claim shall be issued to the engineer;
(2) Within 28 days after the notice of intention to make a claim, submit a claim report and relevant information to the engineer for extension of the construction period and/or compensation for economic losses;
(3) The engineer shall reply within 28 days after receiving the claim report and relevant materials sent by the contractor, or request the contractor to further supplement the reasons and evidence for the claim;
(4) If the engineer fails to reply or make further requests to the contractor within 28 days after receiving the claim report and relevant materials sent by the contractor, the claim shall be deemed to have been accepted;
(5) When the claim event continues, the contractor shall send the intention to claim to the engineer in stages, and send the relevant information of the claim and the final claim report to the engineer within 28 days after the end of the claim event. The procedure for responding to claims is the same as in (3) and (4).
40.3 If the Contractor fails to perform its obligations as agreed in the contract or makes an error, causing economic losses to the Employer, the Employer may file a claim against the Contractor within the time limit determined in Paragraph 40.2.
41. Disputes
41.1 In the event of a dispute arising from the performance of the contract, the employer or contractor may negotiate a settlement or request mediation from the relevant competent authorities. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, the parties may agree on one of the following ways to resolve the dispute in the special clause: the first settlement method: the two parties reach an arbitration agreement and apply to the agreed arbitration commission for arbitration; The second way to solve the problem is to file a lawsuit with the people's court with jurisdiction.
41.2 In the event of a dispute, both parties shall continue to perform the contract, maintain the continuity of the work and protect the completed works unless:
(1) The unilateral breach of contract makes it impossible to perform the contract, and the two parties agree to stop the construction;
(2) The mediation requires the construction to be stopped, and it is accepted by both parties;
(3) the arbitration institution requests that the construction be stopped;
(4) The court requested that the construction be stopped.
11. Miscellaneous
42. Project subcontracting
42.1 If the contractor needs to subcontract professional works or services, it shall subcontract to a professional or labor service enterprise with corresponding qualifications and sign a subcontract with the subcontractor.
42.2 The Contractor shall not subcontract the works contracted by it to any other person or subcontract the works contracted by it to another person in the name of subcontracting.
42.3 The subcontracting of the project shall not relieve the Contractor of any responsibilities and obligations. The contractor shall station corresponding management personnel at the subcontracted site to ensure the performance of this contract. The contractor shall be jointly and severally liable for any breach of contract or negligence of the subcontractor resulting in damage to the project or other losses caused to the employer.
42.4 The price of the subcontracted project shall be settled between the contractor and the subcontractor. Without the consent of the contractor, the employer shall not pay any kind of project payment to the subcontractor in any form.
42.5 The Contractor shall pay the subcontracted works and labor fees on time. If the contractor fails to pay on time, the employer may deduct this part of the payment from the construction payment to the contractor and pay it directly to the subcontractor and the labor personnel.
43. Force majeure
43.1 Force majeure includes explosions, fires, and natural disasters such as wind, rain, snow, floods, earthquakes and other natural disasters caused by war, turmoil, falling aerial objects or other non-liability of the Employer.
43.2 After the occurrence of a force majeure event, the Contractor shall immediately notify the Engineer, and both parties shall take prompt measures to minimize the losses within their capabilities, and the Employer shall assist the Contractor in taking measures. If the engineer believes that the construction should be suspended, the contractor shall suspend the construction. Within 48 hours of the end of the force majeure event, the contractor shall inform the engineer of the damage and damage, as well as the estimated cost of clean-up and repair. If force majeure events continue to occur, the contractor shall report the damage to the engineer every 7 days. Within 14 days after the end of the force majeure event, the contractor shall submit to the engineer a formal report on the clean-up and repair costs and relevant information.
43.3 The costs and delays caused by the Force Majeure Event shall be borne by the Parties as follows:
(1) The employer shall be responsible for the damage to the project itself, the casualties and property losses of a third party caused by the damage to the project, and the damage to the materials and equipment to be installed transported to the construction site for construction;
(2) The employer and contractor shall be responsible for the casualties of the contractor and bear the corresponding expenses;
(3) The contractor shall be responsible for the damage to the contractor's machinery and equipment and the loss of work stoppage;
(4) During the period of suspension of work, the employer shall bear the expenses of the necessary management personnel and security personnel who remain at the construction site at the request of the engineer;
(5) The cost of cleaning and repairing the project shall be borne by the employer;
(6) The construction period of delay shall be extended accordingly.
43.4 In the event of force majeure due to the delay in performance of the contract by one of the parties, the corresponding liability of the delayed party shall not be exempted.
44. Insurance
44.1 Before the commencement of the project, the employer shall apply for insurance for the life and property of its own personnel and third party personnel in the construction project and the construction site, and pay the insurance premium.
44.2 The materials and equipment supplied by the employer and transported to the construction site for use in the project shall be insured by the employer and the insurance fee shall be paid.
44.3 The Employer may entrust the Contractor to handle the relevant insurance matters at the Employer's expense.
44.4 The Contractor shall apply for accident insurance and work-related injury insurance for the construction personnel in the construction site, and apply for property insurance for the construction machinery and equipment in the construction site, and pay the insurance premiums.
44.5 In the event of an insured event, the employer and contractor shall be responsible for taking all necessary measures to prevent or reduce losses.
44.6 The specific insurance content and related responsibilities shall be agreed upon by the employer and the contractor in the special terms.
45. Warranty
45.1 The employer and the contractor shall, in order to fully perform the contract, provide each other with the following guarantees:
(1) The employer shall provide the contractor with a payment guarantee, pay the project price and perform other obligations as agreed in the contract.
(2) The contractor shall provide a performance guarantee to the employer and perform its obligations as agreed in the contract.
45.2 If one party breaches the contract, the other party may require the third party to provide the guarantee to bear the corresponding liability.
45.3 In addition to the content, method and related responsibilities of the guarantee, the employer and the contractor shall sign a guarantee contract with the guarantor as an annex to this contract, in addition to the special clauses stipulated by the employer and the contractor.
46. Patented technology and special process
46.1 If the employer requests the use of patented technology or special process, it shall be responsible for going through the corresponding declaration procedures and bearing the costs of declaration, test and use; If the contractor proposes to use the patented technology or special process, the engineer shall obtain the approval of the contractor, and the contractor shall be responsible for handling the application procedures and bearing the relevant costs.
46.2 If the patented technology is used without authorization to infringe the patent rights of others, the responsible party shall bear the corresponding liability in accordance with the law.
47. Cultural relics and underground obstacles
47.1 When cultural relics and fossils such as ancient tombs, ancient building sites or other items of archaeological or geological research value are found during construction, the Contractor shall immediately protect the site and notify the engineer in writing within 4 hours, and the engineer shall report to the local cultural relics management department within 24 hours after receiving the written notice, and the employer and contractor shall take appropriate protection measures according to the requirements of the cultural relics management department. The employer shall bear the costs incurred therefrom and extend the delayed construction period.
If the cultural relics are damaged due to concealment and failure to report after discovery, the person responsible shall bear the corresponding responsibility in accordance with the law.
47.2 When an underground obstacle affecting the construction is found during construction, the Contractor shall notify the engineer in writing within 8 hours and propose a disposal plan at the same time, and the engineer shall approve or propose an amendment plan within 24 hours after receiving the disposal plan. The employer shall bear the costs incurred therefrom and extend the delayed construction period.
When the underground obstacle found has a unit, the employer shall report to the relevant department for coordinated disposal.
48. Termination of the contract
48.1 The employer and the contractor may terminate the contract by consensus.
48.2 In the event of the occurrence of paragraph 30.5 of these General Conditions, the Contractor shall have the right to terminate the contract if the Employer fails to pay the construction price (progress payment) for more than 56 days.
48.3 The Employer shall be entitled to terminate the Contract in the event of any of the circumstances prohibited by Section 42.2 of these General Terms and Conditions.
48.4 The employer and the contractor may terminate the contract under any of the following circumstances:
(1) The contract cannot be performed due to force majeure;
(2) The contract cannot be performed due to the breach of contract by one party (including the suspension or delay of the construction of the project due to the reasons of the employer).
48.5 If a party requests to terminate the contract in accordance with clauses 48.2, 48.3 and 48.4, it shall give the other party a written notice of the termination of the contract and notify the other party 7 days before the notice, and the contract shall be terminated when the notice reaches the other party. In the event of a dispute over the termination of the contract, the dispute shall be settled in accordance with Article 41 of these General Terms and Conditions.
48.6 After the termination of the contract, the contractor shall properly protect and hand over the completed works and purchased materials and equipment, and withdraw its own machinery and equipment and personnel from the construction site as required by the employer. The employer shall provide the necessary conditions for the contractor to withdraw, pay the above expenses, and pay the price of the completed project as agreed in the contract. The ordered materials and equipment shall be returned or terminated by the orderer, and the non-refundable payment and the expenses incurred due to the return or termination of the order contract shall be borne by the employer, and the losses caused by the failure to return the goods in time shall be borne by the responsible party. In addition, the party at fault shall compensate the other party for the losses caused by the termination of the contract.
48.7 The termination of the contract shall not affect the validity of the settlement and liquidation clauses agreed upon by the parties in the contract.
49. Effectiveness and termination of the contract
49.1 The parties agree in the agreement on the manner in which the contract shall come into effect.
49.2 Except as provided in clause 38 of these General Terms and Conditions, this contract shall terminate upon the performance of all obligations of the contract by the Employer and the Contractor, the payment of the settlement price for the completion of the Contract, and the delivery of the completed works by the Contractor to the Employer.
49.3 After the termination of the rights and obligations of the contract, the employer and the contractor shall follow the principle of good faith and perform the obligations of notification, assistance and confidentiality.
50. The number of contracts
50.1 Two originals of this contract shall have the same effect, and one copy shall be kept by the employer and the contractor.
50.2 The number of copies of this contract shall be agreed by the parties in the special terms as necessary.
51. Supplemental Provisions
In accordance with the provisions of relevant laws and administrative regulations, the two parties may concretize, supplement or modify the content of these general terms and conditions after reaching a consensus through consultation in combination with the actual situation of the project, and agree in the special terms.
Part III Specific Terms
1. Definitions of Terms and Contract Documents
2. Contract documents and order of interpretation
Composition and order of interpretation of contract documents: according to the general terms.
3. Language and applicable laws, standards and norms
3.1 This contract does not use any language other than Chinese.
3.2 Governing Law and Regulations
Laws and administrative regulations that need to be expressed: Contract Law of the People's Republic of China, Construction Law of the People's Republic of China, Tendering and Bidding Law of the People's Republic of China, Budget Law of the People's Republic of China, Government Procurement Law of the People's Republic of China, Regulations of the State Council on Quality Management of Construction Projects, Regulations on the Administration of Work Safety in Construction Projects of the State Council, Interim Measures for the Administration of Completion and Acceptance of Housing Construction Projects and Municipal Infrastructure Projects of the Ministry of Construction, and Measures for the Quality Warranty of Housing Construction Projects of the Ministry of Construction and other relevant national, departmental and local laws and regulations.
3.3 Applicable Standards and Specifications
Name of applicable standards and specifications: "Unified Standards for Acceptance of Construction Quality of Construction Projects" (GB50300-2001), "Quality Standards Required in Construction Drawings, Standards and Specifications Required by Local Competent Authorities, and Other Standards and Specifications Agreed by Party A and Party B". "Code for Construction and Acceptance of Urban Greening Engineering" (CJJ/T82-99) and the quality standards required in the construction drawings.
If the above standards and specifications are adjusted or revised, the latest version shall apply.
Time for the employer to provide standards and specifications: ______________________________________.
When there is no corresponding standard or norm in China, refer to the relevant international standards and norms.
4. Drawings
4.1 The date on which the employer provides the drawings to the contractor: within 7 days before the commencement of construction.
Number of drawings provided by the employer to the contractor: 4 sets. If the contractor needs to exceed the number of copies of the drawings agreed by both parties, the employer shall copy them on behalf of the contractor, and the cost of reproduction shall be borne by the contractor.
The time when the supervisor issues the supplementary or modified drawings to the contractor: 7 days before the construction of the project or the corresponding part of the project.
4.2 The employer's confidentiality requirements for the drawings shall be limited to the contractor's use for the construction of the project, and the drawings shall not be transferred to a third party without the written consent of the employer.
2. General rights and obligations of the parties
5. Engineer
5.2 Engineers appointed by the supervision unit
Name: _______ Position: ________ Contact Information: _____________
Functions and powers entrusted by the employer: For details, please refer to the "Construction Project Entrustment Supervision Contract" signed by the employer and the supervisor.
Functions and powers that require the approval of the employer:
(1) Verify the contractor's project changes, project measurements and project costs, and the conclusions must be reviewed and confirmed by the employer;
(2) The quality of materials and components used in the project shall be inspected and accepted, and the conclusion shall be reviewed and confirmed by the employer;
(3) The written consent of the employer shall be obtained in advance for the issuance of the commencement order, suspension order and resumption of work order.
(4) The conclusion of the acceptance project and the confirmation of the payment basis must be reviewed and confirmed by the employer.
(4) Without the consent of the employer, the supervisor shall not have the right to terminate any rights and obligations of the contractor as stipulated in this contract.
5.3 Engineers stationed by the Employer
Name: ________ Position: ___________ Contact Information: ____________________
Functions and powers granted by the employer: responsible for the coordination and management of the construction unit, design unit, supervision unit, equipment and material supply unit, etc.; Responsible for supervising and inspecting the project quality, progress, cost, safety, civilized construction, environmental protection and other construction links; Responsible for the review and handling of project payment; Responsible for engineering material research and on-site acceptance; Responsible for concealed engineering, phased engineering acceptance, and project completion acceptance.
7. Project manager
7.1 Name: __________ Position: ___________ Contact Information: _____________
7.2 If the project manager wants to temporarily leave the construction site for more than 2 days during the construction of the project, the consent of the engineer shall be obtained in advance. The project manager shall not take more than 2 days of leave each time, and the cumulative time of absence in a year shall not exceed 20 days.
7.3 During the absence of the project manager on the construction site, a suitable representative of the project manager must be appointed to perform all his or her duties and the engineer shall be notified in writing.
7.4 The Contractor shall not arbitrarily change the project manager and the technical person in charge of the project. If it is really necessary to replace, the consent of the employer must be obtained in advance, and the qualifications of the new project manager and the technical person in charge of the project shall not be lower than the requirements of the bidding documents.
7.5 If the project manager is not qualified for his or her job, the employer and the engineer may notify the contractor in writing 7 days in advance to replace the qualified project manager; During the execution of this contract, the project manager can only be replaced once, and if the replaced project manager is still incompetent for his or her own work, the employer has the right to terminate the contract; If the technical person in charge of the project and other professional engineers are incompetent, the employer and the engineer may also notify the contractor in writing 15 days in advance to replace the qualified personnel.
8. The work of the employer
8.1 The Employer shall complete the following tasks within the agreed time and requirements:
(1) The construction site meets the requirements of the construction conditions and the time of completion: the contractor shall provide the construction site to the contractor according to the regulations ____ days before the contractor enters the site, and provide relevant information on concealment and obstacles.
(2) The time, place and supply requirements for connecting the water, electricity and telecommunication lines required for the construction to the construction site: responsible for designating the connection location of the water and electricity required for the construction, and the contractor shall connect to the construction site by itself.
The measurement and pricing method is: ________________________________.
(3) Opening time and requirements for the passage between the construction site and the public road: The employer assists the contractor in opening the passage between the construction site and the relevant public road to meet the needs of construction and transportation.
(4) Time for providing engineering geology and underground pipeline data: The employer shall provide the contractor with the engineering geology and underground pipeline data of the construction site before the commencement of construction, and shall be responsible for the authenticity and accuracy of the data. However, the employer shall not be liable for the analysis, judgment and inference made by the contractor in the use of the above-mentioned information.
(5) The name and completion time of the documents and approvals required for construction handled by the employer: _____________________________________________________________.
(6) Leveling point and coordinate control point inspection requirements: _______________________________.
(7) Drawing review and design disclosure time: ___________________________________.
(8) Coordinate and deal with the protection of underground pipelines around the construction site and adjacent buildings, structures (including cultural relics protection buildings), and ancient and famous trees: __________________.
(9) Other work to be done by the employer as agreed by the parties: the employer requires the contractor to replace the project manager and incompetent personnel, but the employer shall notify the contractor in writing of the replacement requirement at least 14 days in advance. The contractor must be replaced at short notice.
8.2 The work entrusted by the Employer to the Contractor:
(1) Responsible for the coordination of the relationship between the construction site and the surrounding area to ensure the smooth progress of the project.
(2) Before the construction unit's hydropower is in place, the construction hydropower shall be solved by the contractor and connected to the construction site.
9. Contractor work
9.1 The Contractor shall complete the following tasks at the agreed time and requirements:
(1) Submission time of construction organization design documents: within 7 days after the contract is signed, the complete and deepened construction organization design shall be provided in quadruplicate, and shall be submitted to the supervising engineer and the engineer stationed by the contractor for approval.
Before the start of construction, carefully check the construction drawings, actively cooperate with the construction drawings organized by the employer to disclose and review, point out any non-conformities with the construction routines, conventions or specifications on the drawings, as well as errors, omissions and problems in the design drawings, and do a good job in the comprehensive balance of each system pipeline.
(2) The name and completion time of the plan and report should be provided: the system of "weekly report" and "monthly report" shall be implemented. The "Weekly Report" shall be submitted to the employer and the supervisor on the day before the weekly meeting, and the "Weekly Report" shall include the plan for the next week, the work completed this week, and the description of the outstanding situation (including the proposed measures and the final completion time); The monthly report shall be submitted to the employer and the supervisor before the 25th of each month, and the monthly report shall include the construction schedule of the following month and the work summary of the current month, and the monthly construction schedule must be specific and detailed, and must be prepared in accordance with the schedule requirements agreed in this contract. If the report is not submitted on time and as required, the contractor shall be liable for breach of contract in accordance with this contract.
During the construction process, the contractor shall make construction records, conceal project records, and collect construction technical data, including photographic and video materials. Responsible for the safety and security of the construction site and the organization and management of the construction site, and the creation of a civilized construction site and standardized management.
(3) Undertake the responsibilities and requirements of construction safety and security work and non-night construction lighting: Undertake the safety and security, construction lighting and fence facilities of the entire construction area involved in the contract.
(4) Requirements for office and living buildings and facilities to be provided to the employer: _____________________________________ shall be provided to the employer and the supervisor before the official start of construction, and the cost shall be borne by the contractor.
(5) Procedures related to construction site traffic, sanitation and construction noise management that the contractor shall handle _______ days before the start of construction, and shall notify the employer and supervisor in writing, and the contractor shall bear the costs incurred thereby. If the contractor fails to complete the above-mentioned formalities in a timely manner in accordance with this agreement, the contractor shall bear the penalties imposed by the relevant departments, and the contractor shall also compensate the employer for all losses caused thereby.
(6) Special requirements and cost bearing for the protection of finished products of completed projects: The contractor is responsible for the on-site protection of finished products before the handover of the project and bears the corresponding costs. Damage occurs during the protection period, and the contractor shall repair it at its own expense.
(7) The protection requirements and costs of underground pipelines and adjacent buildings, structures (including cultural relics protection buildings) and ancient and famous trees around the construction site: The contractor shall be responsible for the protection of underground pipelines and adjacent buildings, structures, cultural relics (including cultural relics protection buildings) and ancient and famous trees in and around the construction site, and bear the corresponding costs.
(8) The requirements for cleanliness and sanitation of the construction site: Organize the construction in accordance with the requirements of the provincial civilized construction site to ensure that the construction site is clean and tidy, and the living facilities are up to standard, in line with the relevant provisions of environmental sanitation management and the city's civilized construction standards; Temporary sewage discharge and garbage removal and transportation shall be subject to the approval procedures of the relevant government departments in a timely manner, and the discharge can only be carried out after approval. Removal and transportation, the cost shall be borne by the contractor; Before the delivery of the project, clean up any excess items and garbage unrelated to the project, so that the site is cleared, and bear the losses and fines caused by the violation of the relevant environmental sanitation regulations due to their own reasons within the contract period, and bear the losses caused to the employer.
(9) Other work to be done by the contractor as agreed by both parties:
1) Cooperate with the employer to do a good job in the inspection work of the superior authorities and various functional departments.
2) Do a good job in flood prevention, fire prevention, and natural disaster prevention, formulate corresponding plans, and bear the corresponding costs, certificates, annual certificates and other certificates.
3) Before the start of construction, the supervisor should be provided with the relevant personnel certificate, the relevant equipment certificate, the annual examination certificate and other certificates.
4) The contractor has inspected the construction site and the surrounding environment before signing the contract, and has mastered all the circumstances related to or affecting the construction of the project, such as geological and soil conditions, water sources, local climate conditions, roads, traffic flow, the scope of labor supply and surrounding residents. After the employer hands over the construction site to the contractor, the contractor shall be responsible for the management of the construction site (including construction safety, environmental pollution, disturbance to the people and civil disturbance), and the contractor shall bear the corresponding liability if the construction is affected by non-force majeure or reasons not instructed by the employer and the supervisor, resulting in delay in the construction period and property loss.
5) During the construction process, the contractor shall strictly follow the "Regulations on Safe and Civilized Construction" and the "Measures for the Management of Civilized Construction on the Construction Site and Inspection and Evaluation Standards", do a good job in civilized construction, and establish a corporate image. If it fails to meet the standards of civilized construction site, the supervisor has the right to order the contractor to stop work for rectification, and give financial penalties for breach of contract accordingly.
6) During the construction process, the contractor shall not change the original project design without authorization. The expenses incurred by the contractor due to the unauthorized alteration of the design and the losses incurred by the employer shall be borne by the contractor, and the delayed construction period shall not be extended.
7) The contractor has the obligation to cooperate and solve the problems caused by the cross-construction of the construction site, and obey the decisions made by the employer and the supervisor in the general coordination of the site.
8) If the contractor refuses to complete the work (including the contents agreed in the contract, meeting minutes and design changes, etc.) as stipulated in the contract, the employer has the right to arrange a third party to complete the work to be completed by the contractor at the rate of 1.5 times of the actual cost incurred, and the construction period that affects the construction period shall not be extended.
9) The contractor has considered various possible factors such as the secondary handling of materials and equipment, the lack of construction sites, the off-site accommodation of construction personnel, and the protection of finished products to affect the additional cost and construction period of the construction when bidding and quotation, and the contractor promises not to require the employer to increase the cost and extend the construction period when the aforesaid factors that may affect the construction period and cost appear.
10) During the construction process, the contractor must comply with the management system formulated by the employer and the supervisor. Execute the instructions issued by the employer or supervisor in a timely manner.
11) The contractor shall prepare standby generators, pools and other facilities, and shall not grant visas for any water and power outages.
12) The project reserve fund shall be controlled and used by the employer, and the visa shall prevail when it occurs.
13) After the completion of the project, the contractor shall vacate the site within the time specified by the employer.
3. Construction organization design and construction period
10. Schedule
10.1 The time for the contractor to provide the construction organization design (construction plan) and schedule: within 7 days after the signing of this contract. And on the premise of not being lower than the bid-winning construction organization design standards, combined with the further requirements of the employer, a detailed construction organization design (construction plan) and schedule plan shall be prepared and submitted to the supervising engineer and the engineer dispatched by the employer for approval. The special construction plan shall be submitted to the chief engineer no later than seven days before the construction of the special project.
Time for confirmation by the engineer: Approve or propose amendments within 2 days from the date of receipt of the above-mentioned documents, and the contractor shall report to the competent department at a higher level for examination and approval after the modification is completed within 2 days.
10.2 Requirements for schedules in group projects: Implemented in accordance with general terms.
13. Delay in construction period
13.1 Other circumstances in which the parties agree to extend the construction period: Abnormal climatic conditions; on-site protection or excavation of cultural relics and sites (including on-site cleaning); relocation of underground pipelines and adjacent buildings and structures at the construction site; The delay in the construction period is not due to reasons attributable to the contractor but by factors recognized by the engineer.
Fourth, quality and inspection
15. Project quality
15.1 The quality of the project conforms to the qualification standards in the national and local greening acceptance standards. If the conditions agreed in the contract are not met, the engineer may require the contractor to rework until the conditions agreed in the contract are met, and the contractor shall bear the rework costs.
15.2 If there is a dispute between the two parties on the quality of the project, it shall be identified by the provincial quality supervision department or the provincial engineering quality inspection agency agreed by both parties, and the required costs and losses caused by it shall be borne by the responsible party.
17. Concealed engineering and intermediate acceptance
17.1 If the project has the concealment conditions or reaches the intermediate acceptance site, the contractor shall notify the representative of the employer and the supervising engineer in writing 48 hours before the concealment and intermediate acceptance after passing the self-inspection. The notice includes the contractor's self-inspection record, the content of concealed and intermediate acceptance, and the time and place of acceptance. The contractor prepares the acceptance record. After passing the acceptance, the representative of the employer and the chief engineer shall sign the acceptance record before concealment and construction can be continued. If the acceptance is unqualified, the contractor shall re-accept the acceptance after rectification within a limited time. If the project is still unqualified after rectification, the employer has the right to require the contractor to make further rectification until it is qualified, and the delayed construction period shall not be extended, and all losses caused shall be borne by the contractor.
17.2 Regardless of whether the representative of the employer and the supervising engineer participate in the acceptance, when they request a re-inspection of the concealed works that have been accepted, the contractor shall strip them as required, and re-conceal them after the inspection or conceal them after repair. If the inspection is qualified, the employer shall bear the costs incurred therefrom and extend the construction period accordingly. If the inspection fails, the contractor shall bear the expenses incurred, and the construction period shall not be extended.
17.3 The two parties agree on the intermediate acceptance parts: pay-off and planting holes, seedling entry, planting and pruning, and landscape forming.
19. Engineering commissioning
19.5 Bearing of the cost of commissioning: The contractor bears the responsibility.
5. Safety protection and civilized construction
6. Contract price
26. The contract price is agreed
26.2 The price of this contract shall be determined by means of a fixed comprehensive unit price contract.
(2) The fixed comprehensive unit price contract is adopted, and the risk scope included in the comprehensive unit price includes: labor costs, seedling main materials and auxiliary materials costs, machinery use fees, management fees, profits, and material market price change risks. Unless otherwise agreed, the comprehensive unit price will not be adjusted due to changes in labor, materials, exchange rates, taxes and other factors.
Comprehensive unit price adjustment method outside the risk range: ________________________________________.
27. Adjustment of contract price
27.1 Other adjustment factors for the contract price agreed by the parties:
27.1.1 The cost of design change and negotiation caused by the contractor's own reasons shall be borne by the contractor, and the contract price shall not be adjusted;
27.1.2 If the bill of quantities provided by the employer is missing, and the design changes, visas and negotiations caused by the employer are caused by the employer, the corresponding comprehensive unit price adjustment method is as follows:
(1) The comprehensive unit price of the same work content has been included in the bid-winning quotation, and the project price of the change project shall be calculated according to the comprehensive unit price in the list of quantities of the bid regardless of the size of the increase or decrease in the quantity change; If the project is changed and cancelled, the project price shall be reduced according to the comprehensive unit price of the project in the list of quantities that has been priced.
(2) If there is a comprehensive unit price with similar work content in the bid-winning bid, the comprehensive unit price of similar sub-items may be referred to within the appropriate scope, which shall be declared by the contractor and jointly verified by the supervisor and the employer as the basis for settlement.
(3) If there is no comprehensive unit price with similar work content in the bid-winning quotation, the contractor shall propose an appropriate comprehensive unit price according to the bid-winning rate, labor, materials, machinery, etc., and shall be executed after being approved by the supervisor and the employer.
For the unit price of the material that is not in the contract, ______________________________________.
(4) If the comprehensive unit price of equipment, materials and list of the same specification or model is inconsistent in the quotation, the lower price shall prevail when re-appraising.
27.1.3 When the tenderer's provisional valuation materials or the tenderer's supply of materials and equipment price changes, only the material price difference will be adjusted, and the corresponding comprehensive unit price will not be adjusted. The material price difference of the adjusted part is only calculated as the cost of safe and civilized construction measures, fees and taxes.
27.1.4 Adjustment of the cost of the measure project: The cost of the measure project won by the bidder is an integral part of the contract price, and is generally not adjusted, and can be adjusted in the following circumstances:
(1) The employer changes the approved construction plan and causes an increase or decrease in the cost of the measure.
(2) During the construction process, the cost of relevant measures is increased or decreased due to the change in the quantity of the project due to the employer's reasons.
28. Advance payment for the project
28.1 The time and amount of advance payment from the employer to the contractor or the proportion of the total contract price: 10% of the contract price shall be paid as an advance payment within 7 days before the commencement of construction.
28.2 The time and proportion of the deduction of the project payment: when the project progress payment is paid for the ___ time and the ___ time, it shall be deducted according to ___% and ___% of the advance payment respectively, and if the current project progress payment is not enough to deduct the amount to be deducted in the current period, it will be deducted cumulatively in the next phase of the project progress payment.
28.3 Proportion and time of prepayment of safety protection and civilized construction measures: The employer shall pay the contractor the cost of safe and civilized construction measures within ____ days before the commencement of construction.
29. Confirmation of engineering quantity
29.1 The time for the contractor to submit the completed quantity report to the engineer: the measurement cycle of the project is ______, and the contractor submits the completed quantity report and relevant supporting materials to the supervisor and the employer on the day of each month. The project measurement must be jointly participated by the contractor, the supervisor and the employer. The on-site representatives of the participating parties shall sign the visa form truthfully, and if the visa form is found to be untrue during the on-site review of the settlement review, the final review of the settlement shall prevail.
30. Settlement and payment of project progress payment
The method, time and proportion of payment of project progress payment agreed by both parties are:
30.1 Payment method of progress payment: Settlement and payment in stages.
The application for progress payment must be completed in a standard form and accompanied by a certificate of interim measurement and the comprehensive unit price quoted in the tender, together with a schedule plan and a capital plan for the next stage. The above information shall be verified by the supervising engineer and reviewed by the employer and the supervisor before it can be disbursed. Progress payment application in triplicate.
30.2 Proportion of progress payment of the project: The employer shall pay the progress payment according to ____% of the amount of the completed project cost approved by the supervising engineer each time, and deduct the agreed proportion of the advance payment of the project, as well as the water, electricity and other related expenses paid by the employer during the period; When the cumulative payment of the project price reaches _____% of the contract price (including the advance payment), the payment shall be suspended. After the supervising engineer organizes the inventory and passes the initial inspection, the project payment shall be _____% of the actual amount completed.
30.3 Within one year from the date of completion and acceptance of the project within the scope of this contract and the completion of the completion of the record, ____% of the total price of the completed project shall be paid; The project completion settlement is finally approved, the contractor has fulfilled the warranty obligation as agreed, and the employer shall pay the project settlement price within 14 days after the expiration of the warranty period.
30.4 Prior to each payment, the Contractor shall provide an official invoice issued by the tax authority designated by the Employer.
7. Supply of materials and equipment
32. The contractor purchases materials and equipment
32.1 The quality of the materials and equipment used in this project must meet the design requirements and relevant regulations and standards stipulated by the state.
32.2 Materials procured by the Contractor shall be inspected by the Employer's on-site representative and the supervising engineer before they can enter the site.
32.3 The employer has the right to participate in the determination of price and quality for the procurement of major materials and special materials.
32.4 Materials for Market Research:
(1) For market research materials, we should shop around, and choose the best quotation on the premise of ensuring quality. The confirmation of the unit price must be recognized by more than 2/3 of the researchers, and no unit or individual has the right to unilaterally determine the price of materials;
(2) The employer and the contractor shall strictly implement the unit price of materials confirmed by the investigation, and if the contractor delays and fails to purchase in time after the investigation, resulting in an increase in the price of materials, the contractor shall be responsible for the increase in the part of the increase; If the contractor has an objection to the determined unit price of materials and refuses to execute the project, resulting in a delay in the construction period, the employer has the right to directly entrust the project task to other qualified construction units to complete the project, in addition to the corresponding penalties in accordance with the contract;
(3) The contractor must submit the list of materials required for the project to the employer 5 working days in advance, and the responsible party shall be liable for any delay in the construction period or other consequences due to the delay of the contractor's material price list or the employer's material investigation.
32.5 The materials and equipment supplied by the contractor shall be inspected by the employer, the contractor and the supervisor at the construction site at the same time in terms of quantity, brand, specification, appearance and quality, and shall make detailed records; The contractor shall be responsible for the custody of the materials and equipment after arrival until the completion and acceptance.
32.6 When the contractor procures bulk, special and important materials and equipment, the representative of the employer must participate, and the employer shall recognize the quality and price.
32.7 The Employer, the Supervisor and the Contractor shall jointly inspect and select and price the materials and equipment for provisional pricing, and shall be procured by the Contractor, and the Contractor shall not increase other expenses for any reason. If the tentative pricing materials can be fully supplied and used in the current year after the pricing, the price shall be set at one time, and within two days after the acceptance document is delivered to the contractor, if the contractor has no objection, in principle, it will not be adjusted. If the current year can not be fully supplied and used, the price will be recognized in an annual manner.
8. Project changes
The contractor must implement the project changes caused by the employer. The contractor shall not make a price claim against the employer on the grounds of too many changes or a large amount of change work, stop the construction of the project or deliberately delay the construction period, otherwise, the losses caused to the tenderer shall be borne by the contractor. Clause 27.4 (2) of this contract shall apply to the change in the price of the project caused by the change.
9. Completion acceptance and settlement
36. Completion acceptance
36.1 The Contractor's agreement to provide as-built drawings:
Within 10 days after the completion and acceptance, the contractor shall hand over to the employer four sets of complete project completion drawings and related completion technical archives (including the completion data of the subcontracted project) and the corresponding electronic disk data that meet the requirements of the employer's archives management department.
36.6 Scope and completion time of intermediate delivery works: _______________________.
36.7 Before the acceptance of the project, the contractor shall clear the materials, the final work, the materials and the ground, so as to ensure that the site of the project is clean. At the same time, the contractor shall provide the tenderer with two complete sets of project completion materials before the completion and acceptance in accordance with the relevant provisions of the national project acceptance and the relevant provisions of the employer's file management, and the employer shall organize the acceptance in accordance with the relevant provisions after the employer has passed the examination and approval.
36.9 After receiving the completion acceptance report, the employer shall organize the relevant units to accept or propose amendments within the time frame prescribed by the state, and the contractor shall make amendments according to the requirements of the employer and bear the costs of the amendments caused by its own reasons.
36.10 If the project passes the completion acceptance, the actual completion date shall be the date of completion acceptance; If the contractor has submitted the completion acceptance report and the employer delays the acceptance, the actual completion date shall be the date on which the contractor submits the acceptance report. The actual completion date of the project after the modification is qualified for acceptance according to the requirements of the employer shall be the date on which the contractor submits the project to the employer for acceptance after the modification.
37. Completion settlement
37.2 Settlement Review Period: Implemented in accordance with the General Terms.
37.8 final payment: within a few days after the final settlement price of the project is audited or determined by the audit or cost consulting agency, after excluding the corresponding cost of dead seedlings (if the survival rate specified in the contract is not reached, the total price of the dead seedlings will be deducted from the balance according to the comprehensive unit price of the dead seedlings, until the unpaid project payment is deducted) shall be paid to ___% of the actual total price.
Within ___ days after the expiration of the management period, after excluding the corresponding cost of dead seedlings (if the survival rate specified in the contract is not reached, the total price of the dead seedlings will be deducted from the balance according to the comprehensive unit price of the dead seedlings, until the unpaid project payment is deducted) The one-time payment is completed.
37.9 At the time of completion settlement, if the completion settlement price submitted by the contractor is higher than 3% of the settlement price determined by the audit (audit), the audit fee and the reduction result fee for the part higher than 3% shall be paid by the contractor.
10. Breach of Agreement, Claims and Disputes
39. Breach of contract
39.1 The specific liability of the employer for breach of contract in this contract is as follows:
(1) Article 28.1 of the General Terms and Conditions of this Contract stipulates that the Employer's liability for breach of contract shall be executed in accordance with the General Terms.
(2) Clause 30.5 of the General Terms and Conditions of this Contract stipulates that the liability for breach of contract by the Employer shall be executed in accordance with the General Terms.
(3) Clause 37.6 of the General Terms and Conditions of this Contract stipulates that the employer shall bear the liability for breach of contract: if the employer fails to pay the completion settlement price to the contractor in accordance with the provisions of this contract within _______ days after the completion and acceptance of the project, without justifiable reasons, it shall pay the contractor the interest on the arrears of the project payment at the bank loan interest rate for the same period from the 29th day.
(4) Other liabilities of the employer for breach of contract agreed by both parties: none
39.2 The specific liability of the Contractor for breach of contract under this Contract is as follows:
(1) Clause 14.2 of the General Terms and Conditions of this Contract stipulates that the Contractor shall be liable for breach of contract for breach of contract: _If the Contractor's actual construction progress lags behind the requirements of the stage construction period agreed in this Contract, the Contractor shall pay liquidated damages of RMB _______ to the Employer for each day of delay, which shall be deducted from the Contractor's current progress payment. If the contractor takes measures to catch up with the construction period in the next stage, the employer shall refund the liquidated damages for the corresponding number of days previously received from the contractor according to the number of days to catch up.
(2) Clause 15.1 of the General Terms and Conditions of this Contract stipulates that the contractor shall bear the liability for breach of contract: if the quality of the project fails to meet the qualified standards, the contractor shall repair it at its own expense until it reaches the acceptance standard, and for each time it is unqualified, the liquidated damages will be deducted, and the construction period shall not be extended, and the losses caused shall be borne by the contractor; If the project fails to pass the acceptance twice due to defects in the same part, it will be regarded as a material breach of contract, and the contractor shall compensate the employer for the losses caused thereby, and deduct the corresponding amount of performance bond until the contract is terminated. __
(3) Other liabilities of the contractor for breach of contract agreed by both parties:
1) If the contractor is in arrears of migrant workers' wages, Party A has the right to directly withhold and pay from the project payment and collect liquidated damages of _________ yuan per time after investigation.
2) This project shall not be subcontracted. Once it is found that the contractor has subcontracted the project, the employer has the right to terminate the contract immediately, and the contractor shall vacate the site within 14 days.
3) The project manager and technical person in charge of the bidding commitment shall not be replaced, otherwise it will be deemed that the bidder is in breach of contract, and the employer has the right to terminate the contract.
41. Disputes
41.1 The parties agree that if a dispute arises during the performance of the contract and the dispute cannot be mediated, it shall be resolved in the following way:
A. Submit to the jurisdiction of the people's court ________;
B. Referral to ________ Arbitration.
11. Miscellaneous
42. Project subcontracting
42.1 The Employer agrees that the Contractor subcontracts the Professional Works: None
The subcontractor is: none
For the subcontracted project or work with the written consent of the employer, a copy of the subcontract must be submitted to the employer and supervisor for the record within 3 days after the signing of the subcontract.
43. Force majeure
43.1 Agreement between the Parties on Force Majeure: In the event that the Contract cannot be performed or cannot be fully performed due to force majeure, the Party encountering the Force Majeure Event shall immediately notify the other party to the Contract in writing and shall provide the other Party with relevant supporting documents within 15 days after the occurrence of the Force Majeure Event. The parties to the contract shall decide through negotiation whether to terminate the contract, partially or completely exempt from the responsibility for the performance of the contract, or postpone the performance of the contract according to the degree of impact of time on the performance of the contract. If the party suffering from force majeure fails to perform the above obligations, it cannot be exempted from liability for breach of contract.
44. Insurance
44.6 The two parties agree to the following insurance contents:
(1) The employer's insurance content: ______________________________________________
Insurance matters entrusted by the employer to the contractor: _____________________________________
(2) The content of the contractor's insurance: The contractor must apply for accident insurance and work-related injury insurance for the construction personnel in the project site in accordance with the relevant provisions of the state, and if the contractor fails to do so, the employer has the right to stop paying the progress payment or terminate the contract.
45. Warranty
45.3 The parties to the project agree on the following guarantees:
(1) The employer shall provide a payment guarantee to the contractor in the form of none, the amount of guarantee: none, and the validity period of the guarantee: none.
(2) The contractor shall provide a performance guarantee to the employer in the form of none, the amount of guarantee: none, and the validity period of the guarantee: none.
(3) Other guarantees agreed by both parties: none.
50. The number of contracts
50.2 The parties agree on the number of copies of the contract: _________________________
51. Supplemental Provisions
51.1 Environmental Protection
(1) Interference of the construction team near the real estate and the public: The contractor shall not affect the safety and normal use of the adjacent buildings and structures, nor interfere with the convenience of the masses in the implementation and completion of all construction operations in the implementation and completion of the project and its warranty work under this contract. In the event of any of the above-mentioned circumstances, the contractor shall bear all responsibilities and expenses arising therefrom in the event of claims, compensation, litigation costs and other expenses.
(2) The contractor shall pay attention to the regular maintenance of the machinery and try to reduce its noise to the lowest level. In order to protect the night rest of residents near the construction site, the construction time should be controlled.
(3) For the main pollution sources of dust staining in construction - concrete and mortar mixing, construction vehicles and road construction machinery operation of the transportation of dust, effective measures should be taken to reduce the pollution of the construction site and protect people's health, such as:
1) The mixing equipment should have good sealing or dust-proof equipment;
2) The construction channel and mortar mixing station should be sprinkled frequently;
3) Attention should be paid to maintaining moisture in the pavement passage to avoid dust;
(4) The contractor shall consider the location and discharge measures of the sewage discharge at the construction site (which must meet the relevant requirements of the local management department), and the resulting costs have been included in the contract price. The mud that needs to be discharged during construction should be properly disposed of, and it is strictly forbidden to discharge it into rivers, farmland and municipal pipe networks.
(5) The contractor is responsible for providing the earth-moving vehicles in and out of the site and the car washing tank, and is responsible for the cleaning of the site and the entrance and exit after the excavation, and the cost of loading and on-site cleaning, car washing and washing facilities are included in the contract price.
(6) The design or scheme of temporary facilities (including temporary housing, site hardening, roads, drainage, fences, etc.) shall be approved by the supervising engineer before it can be implemented.
(7) The contractor shall be responsible for handling the safety accidents that occur during the construction process (caused by its own reasons) and bear the relevant responsibilities and expenses. In the event of a major production safety accident, the contractor shall pay liquidated damages to the employer in accordance with the maximum amount of the administrative fine standard stipulated in the current laws and regulations, in addition to assuming relevant legal liabilities in accordance with the provisions of the current laws and regulations.
(8) All management personnel and construction personnel involved in the construction shall carry out environmental protection knowledge education, strictly abide by Party A's two certification management systems, and cultivate and establish environmental awareness.
Strictly monitor various environmental indicators, eliminate dust, waste gas, sewage, waste solids, noise and other impacts on the environment and the surrounding environment, and report the control of environmental factors and the EIA summary report on a monthly basis.
51.2 Protection of Cultural Relics
The construction of the project shall follow the following principles for the protection of cultural relics:
(1) In the construction of the Qinling Ruins Park, we should always implement the cultural relics protection policy of "protection first, rescue first, rational utilization, and strengthen management", protect the authenticity and integrity of the site, and provide an effective guarantee for the authenticity, integrity, and sustainable existence of the site, as well as research and utilization.
(2) It is strictly forbidden to start construction without a groundbreaking confirmation certificate. Before the excavation of important parts, there should be cultural protection personnel present, otherwise the ground shall not be moved.
(3) Temporary construction (structure) facilities shall not damage the site itself or pose a threat to the site.
The contractor shall comply with the following obligations during the construction of the project:
1) Set up the post of cultural relics safety officer, strictly implement Party A's cultural relics protection safety regulations, and ensure the safety of cultural relics and sites at the construction site during the performance of the contract.
2) Formulate construction organization design and cultural relics protection measures and their implementation plans, and organize all employees to study carefully, so that each employee participating in the construction understands the content of the measures.
3) If cultural relics and cultural relics are found during construction, the construction should be stopped immediately, and the on-site personnel should take the initiative to protect the site and report to Party A immediately.
It is strictly forbidden for anyone to conceal or fail to report or take possession of cultural relics, and once discovered, the legal responsibility of relevant personnel will be strictly investigated.
4) Establish and improve the protection of cultural relics and sites, protective measures and environmental protection records, archives, and pay attention to the collection of various types of information at all stages of construction.
Appendix 1: List of projects contracted by contractors
Appendix 2: List of materials and equipment supplied by the employer
Attachment 3: Project Quality Warranty
Appendix 1:
List of projects contracted by contractors
| Unit worker Program name | Scale of construction | Area | structure | Number of layers | Span (m) | Equipment security contents | Project cost (yuan) | Start date | Completion date |
Appendix 2:
List of materials and equipment for the supply of contracts
| serial number | Varieties of materials and equipment | Specifications and models | unit | quantity | unit price | Quality grade | Serving time | Place of delivery | remark |
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