Chapter I Meaning of Words and Contract Documents
The first word means that the text of the power construction contract consists of the terms of the power construction contract (hereinafter referred to as the contract terms) and the terms of the power construction contract (hereinafter referred to as the agreement terms). Unless otherwise agreed in the terms of the agreement, its words and expressions shall have the meanings given in this article: 1. Employer (hereinafter referred to as Party A): 2. Party A's on-site representative (hereinafter referred to as Party A's representative): the representative designated by Party A in the terms of the agreement. 3. Contractor (hereinafter referred to as Party B): the party agreed in the terms of the agreement with the qualification of engineering contractor as stipulated in the Measures for the Administration of Qualification of Electric Power Construction Enterprises and approved by the Employer. 4. Party B's representative on the construction site (hereinafter referred to as Party B's representative): the representative designated by Party B in the terms of the agreement. V. Social supervision: supervision of project implementation by engineering supervision units or personnel entrusted by Party A with the qualifications specified in the Measures for the Administration of Qualification of Electric Power Engineering Construction Supervision Units. 6. Chief supervision engineer: the director appointed by the project supervision unit. 7. Design unit: the design unit entrusted by Party A with the corresponding qualification grade specified in the Measures for the Administration of Qualification of Electric Power Engineering Survey and Design Units. Eight, the project cost management department: the State Council, the relevant departments, construction administrative departments at all levels or above authorized by the construction project cost management institutions. 9. Engineering quality supervision department: Ministry of Electric Power Industry, Electric Power Administration Bureau, electric power bureaus of all provinces (municipalities directly under the Central Government and autonomous regions) or their power construction engineering quality supervision institutions established according to the Interim Provisions on Quality Supervision of Electric Power Capital Construction Projects. X. Project: permanent power construction project, the specific content of which is agreed in the terms of the agreement. 1 1. Contract price: according to the current quota, the budget price of materials and the corresponding charging standards, Party A and Party B shall pay the total price for the project construction through bidding or negotiation. 12. Economic expenditure: the contract price paid in the form of budget increase after confirmation by Party A during the construction process. Thirteen. Expenses: expenses directly paid by Party A or expenses borne by Party B beyond the contract price. 14. Time limit: the contract time limit agreed by both parties in the terms of the agreement with reference to Time Limit for Electric Power Construction Projects. 15. Commencement date: the commencement date of the project agreed in the terms of the agreement. 16. Completion date: the completion date of the project specified in the terms of the agreement. 17. Drawings: all drawings provided by Party A or approved by Party A's representative and used by Party B for construction (including supporting descriptions and relevant materials). 18. Construction site: the construction site approved by Party A and determined in the "Construction Organization Design" or "Construction Plan". 19. Written form: handwritten, typed, copied and printed notices, appointments, entrustment, certificates, visas, memos, meeting minutes, letters, confirmed telegrams and telexes, etc. According to the contract. 20. Force Majeure: explosion and fire caused by war, turmoil, falling objects in the air or other natural disasters for which Party A and Party B are not responsible, and disasters such as wind, rain, snow and earthquake that damage the project and performance. 2 1. compensation: the expenses incurred by the responsible party to make up for the direct and indirect losses of the other party, including actual expenses such as shutdown, slowdown, rework, relocation of personnel and mechanical equipment, backlog of materials and parts, labor costs, mechanical costs, management fees, etc. And the loss of existing interests such as accrued interest from the date when these expenses are payable. 22. Quality defects: the project does not meet the quality requirements of current national or industrial technical standards, design documents and contracts. Twenty-three, the terms of the agreement: a written agreement signed by both parties after consultation in combination with specific projects. Article 2 Contract documents and interpretation sequence 1. Contract documents should be able to explain each other and explain each other. Unless otherwise agreed in the contract, its composition and interpretation order are as follows: 1. Terms of the agreement; 2. Contract conditions; 3. Minutes, agreements and other documents that clarify the contractual rights and obligations of both parties, such as negotiation and alteration; 4. The bid-winning notice, tender and tender documents of the project subject to tender; 5. Determine the bill of quantities or project budget and drawings of the project cost; 6 standards, specifications and other relevant technical data and technical requirements; 7. Other documents forming part of the contract. Second, when the contract documents are ambiguous or inconsistent, they shall be settled by both parties through consultation without affecting the progress of the project (if social supervision is implemented, it can be explained by the chief supervision engineer first); If both parties still cannot reach an agreement, it shall be settled by the way agreed in Article 30. Article 3 Language, standards and applicable laws used in contract documents. The contract documents shall be written in Mandarin Chinese, and both parties may agree to use minority languages for translation as needed, while the interpretation and explanation of the contract documents shall be in Mandarin Chinese. 2. The applicable laws of the contract documents are national laws and regulations, as well as the regulations of the Ministry of Electric Power Industry, other agreed industry regulations and local regulations of the project location. Three, the construction should adopt national standards and norms and electric power industry standards and norms. When there are no corresponding standards and specifications between the state and the electric power industry, it may be agreed to use the standards and specifications of other industries or the location of the project. Party A shall provide Party B with the agreed standards and specifications according to the time and number of copies agreed in the terms of the agreement. 4. When there are no corresponding standards and specifications in China, Party B shall propose the construction technology according to the time and requirements stipulated in the terms of the agreement, and implement it after being approved by the representative of Party A; If Party A requests to use foreign standards and specifications, it shall report to the competent department of electric power industry for approval, and be responsible for providing Chinese translation as agreed. 5. The expenses for purchasing, translating, formulating standards and specifications and proposing construction technology shall be borne by Party A ... Article 4 Drawings 1. Before the commencement date, Party A shall provide Party B with complete construction drawings according to the date and number of copies (including as-built drawings and the number of copies stored at the site) agreed in the terms of this agreement, and ensure that the drawings are accurate and the design depth meets the construction requirements. Party B shall keep the drawings confidential according to the terms of this agreement. 2. If Party A fails to provide a complete set of drawings as agreed in the first paragraph of Article 4, it shall indicate the name of the drawings that cannot be provided and the delivery period in this clause, and ensure that it can meet the needs of implementing the "comprehensive construction progress plan". 3. If Party A has special confidentiality requirements for the drawings, Party B shall take corresponding measures to keep them confidential, and the expenses shall be borne by Party A.. 4. If Party B requests to increase the number of drawings, Party A shall make copies and deliver them at the time stipulated in the terms of the agreement, and the expenses shall be borne by Party B. 5. If Party B fails to receive the drawings provided by Party A as scheduled, it shall notify Party A's representative of the contents, reasons, time and consequences of the required drawings or explanations within 5 days. If Party A's representative fails to reply within 2 days after Party B submits the notice, it shall be handled according to Article 7, paragraph 2. 6. Party B finds that the drawings provided by Party A are incomplete and inaccurate or the design depth cannot meet the construction requirements. Party A's representative shall be informed in time, and it shall be handled according to Paragraph 5 of Article 4 or Paragraph 1 of Article 25 as appropriate. If Party B fails to find the above defects in the drawings provided by Party A, Party A shall still bear the responsibilities stipulated in Article 7, paragraph 2 or Article 25, paragraph 4, and pay the repair, demolition, reconstruction and reconstruction expenses arising therefrom.
Chapter II General Responsibilities of Both Parties
Representative of Party A 1 name. Party A appoints representatives to the construction site to exercise the rights and perform the duties stipulated in the contract according to the following requirements: 1. The representative of Party A may appoint relevant specific management personnel to undertake part of their rights and obligations, and may withdraw the appointment at any time. Party B shall be notified of the appointment and withdrawal three days in advance. 2. The instructions, notices, opinions, approvals and replies of Party A's representative shall be signed by himself and handed over to Party B's representative in writing, and shall take effect after Party B's representative signs his name and the time of receipt. If necessary, Party A's representative may give oral instructions and confirm in writing within 24 hours, and Party B's instructions to Party A's representative shall be implemented. If Party A's representative fails to give a written confirmation in time, Party B shall submit a written confirmation request within 48 hours after Party A's representative gives an oral instruction. If Party A's representative fails to reply within 2 days after Party B's confirmation request, it shall be deemed that Party B's request has been confirmed. If Party B thinks that the instruction of Party A's representative is unreasonable, it shall make a written statement within 24 hours after receiving the instruction, and Party A's representative shall make a decision to modify the instruction or continue to carry out the original instruction within 24 hours after Party B's statement, and notify Party B in writing. In case of emergency, Party B shall carry out the instructions that Party A's representative requires Party B to carry out immediately or the instructions that Party B decides to continue to carry out despite Party B's opposition. The expenses and losses caused to Party B due to incorrect instructions shall be borne by Party A, and the delayed construction period shall be postponed accordingly. 3. Party A's representative shall provide Party B with necessary instructions, requirements, consents, notices, replies, etc. According to the time agreed in the contract, and perform other agreed obligations as agreed, otherwise Party B will inform Party A's representative of the specific requirements, reasons for need and consequences of delay within 24 hours after the agreed time. If Party A's representative fails to reply within 48 hours after Party B's notification, it shall be deemed as his confirmation, consent and recognition. The expenses arising therefrom shall be borne by Party A, and the delayed construction period shall be postponed accordingly. II. For the project of social supervision, Party A shall inform Party B of the scope of the rights and obligations exercised by the chief supervision engineer. The chief supervision engineer shall perform his duties within the agreed scope of authorization. III. When the representative and chief supervision engineer of Party A change, Party A shall notify Party B 7 days in advance. The successor will continue to assume the responsibilities of the predecessor (obligations stipulated in the contract documents and commitments within its authority). Article 6 Party B's representative 1. Party B's representative stationed at the construction site shall exercise the rights and perform the duties stipulated in the contract according to the following requirements: 1. Party B's request, application and notice shall be signed by Party B's representative in writing and sent to Party A's representative, and shall take effect after Party A's representative signs his name and the time of receipt. 2. The representative of Party B shall organize the construction according to the "construction organization design" (or construction plan) agreed by the representative of Party A and the instructions and requirements issued according to the contract. In case of emergency, if it is impossible to get in touch with Party A's representative, emergency measures can be taken to ensure the safety of life and property of the project and personnel, and a report shall be submitted to Party A's representative within 24 hours after taking the measures. The responsibility lies with Party A, and the expenses arising therefrom shall be borne by Party A, and the construction period shall be postponed accordingly; The responsibility lies with Party B, and the expenses shall be borne by Party B. 2. If Party B changes its representative, it shall notify Party A 7 days in advance, and the successor shall continue to assume the responsibilities of the predecessor (obligations stipulated in the contract documents and commitments within the scope of authority). Article 7 Party A's work. Party A shall complete the following work in accordance with the time and requirements stipulated in the Regulations on Construction Site Management and the terms of this agreement: 1. Handle land requisition, lease, compensation for young crops and trees, house demolition and removal of ground, overhead and underground obstacles, so that the construction site has the 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 communication lines needed for the construction from the construction site to the agreed place, and ensure the needs during the construction. 3. In accordance with the provisions of the agreement, the passage between the construction site and the urban and rural roads and the main traffic arteries on the construction site shall be opened and maintained to meet the needs of construction transportation and ensure smooth flow during construction. 4. Provide Party B with the engineering geology and underground pipe network information of the construction site, and ensure that the data is true and accurate. 5. Go through the approval procedures for various licenses, approvals, temporary land use, occupied roads, transportation and special railway lines required for construction, and sign agreements with relevant parties to cross railways, highways and communication lines. 6. Submit the leveling points and coordinate control points to Party B in writing and submit them on site. 7. Organize the blue prints.the design between Party B and the design unit, make design disclosure to Party B, and timely approve the construction drawing budget to be approved. 8. Coordinate and protect underground pipelines and adjacent buildings and structures around the construction site, and bear relevant expenses. 9. Provide Party B with the construction site according to the time stipulated in the contract and the "Comprehensive Construction Schedule", and ensure that the site, buildings, structures and foundations meet the requirements of installation and construction. 10. Coordinate the cross-operation relationship between construction enterprises on the construction site and deal with related problems in time. 2. If Party A fails to perform the above obligations as agreed in the contract, it shall bear the expenses arising therefrom and compensate Party B for the losses caused thereby, and the construction period shall be postponed accordingly. Three. When Party A entrusts Party B to engage in the above-mentioned work, it shall bear the economic expenses arising therefrom and pay corresponding expenses to Party B ... Article 8 Party B's work. Party B shall complete the following work in accordance with the scope, time and requirements stipulated in the Regulations on Construction Site Management of Construction Projects and the Articles of Agreement: 1. Party B shall, within the scope permitted by its design qualification certificate, complete the construction drawing design, the design supporting the project or the detailed design required for construction according to the requirements of Party A's representative, and use it after being approved by Party A's representative. 2. Provide annual, quarterly and monthly project progress plan, project payment plan and relevant statistical reports to Party A's representative as agreed. 3. Set up construction lighting, fences and guards according to the needs of the project, and maintain safety and protective facilities. Party B's failure to fulfill the above obligations will cause engineering, property and personal injury, and Party B shall bear the responsibilities. 4. Provide Party A's representatives with houses and facilities for working and living on the construction site according to the quantity and requirements agreed in the terms of the agreement, and the expenses shall be borne by Party A. 5. Take effective measures to implement the management regulations of local governments and relevant departments on traffic and environmental protection on the construction site. Due to technical and economic constraints, if the environmental pollution cannot be controlled within the specified range, Party A and Party B shall report to the relevant departments of the local government for approval in advance. Except for the fines caused by Party B, the above expenses shall be borne by Party A.. 6. Before the completed project is delivered to Party A, Party A may entrust Party B to keep it. Party B shall be responsible for the protection according to the terms of the agreement. If damage is caused by poor protection, Party B shall repair it at its own expense. If Party B needs to take special measures to protect the unit project and the corresponding economic expenditure, it shall be agreed in the terms of the agreement. If damage or other problems occur after Party A uses it in advance or uses it without authorization, Party A shall bear the responsibility. 7. According to the requirements of the contract, do a good job in the protection of underground pipelines and adjacent buildings and structures on the construction site. 8. Protect the cleanliness of the construction site. Clean up the site before the completion of the project, meet the requirements of the contract documents, and bear the losses and fines caused by violation of relevant regulations, except those issued after the signing of the contract and not caused by Party B.. 2. Party B fails to perform the above obligations as agreed in the contract. Bear the expenses arising therefrom and compensate Party A for the economic losses incurred therefrom.
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