21.7 Allmeasures, formalities and expenditures necessary for completing theabove work by the Contractor shall have been included in theContract Price.
21.6 TheContractor shall execute unconditionally any requirement putforward by the Owner for ensuring the Project’s safety.
21.5During the execution of the Project, the Contractor shall undertaketo indemnify and hold harmless the public from any injury anddeath, and the public property and facilities from any infringementand losses. In case any damage of public facilities or casualty ofthe public results from the execution of the Project, theContractor shall take whole liability and bear all Expenses arisingout thereof.
21.4During the execution of the Project, the Contractor shall takecharge of the following work on the Site: fireproofing,waterproofing, safeguarding, storage of goods, cleaning of the Siteand environment protection, etc.
21.3Before conducting any work likely to result in danger, theContractor shall establish measures concerning safety andprotection for the Owner’ s examination. The Contractor shallassume all the liabilities and losses arising out of any accidentdue to the Contractor’s insufficient measures. The Project Period shallnot be extended under such situation.
21.2 TheContractor shall notice Engineer in writing 14 days in advance whenimplementing blast operation, conducting construction (includingstock, transport and use) in radioactive and toxic environment, anduse toxic and corrosive materials, which shall be approved byEngineer, and the Contractor bear the precaution cost.
21.1 TheContractor shall put forward the safety precaution measures to theEngineer and get approval before construction in the vicinity ofPower equipments, transmission lines, underground pipelines,air-tight shockproof workshop, inflammable and explosive area andbusy street, the precaution fee is borne by theContractor.
20.3 TheContractor shall be responsible for the personal injury andproperty loss of the Contractor’s personnel and third parties which occurs on theSite during the course of construction works.
20.2 TheContractor shall give the safety training to on-site workers, beresponsible for their safety. The Owner shall not ask theContractor to construct by violating the safety rules. The Ownershall take the corresponding safety accident liabilities by virtueof own reason and bear the relevant cost承包人应对其在施工场地的工作人员进行安全教育，消除事故隐患。由于承包人安全措施不力造成事故的责任和因此发生的费用，采取严格的安全防护措施，并随时接受行业安全检查人员依法实施的监督检查，相比看怎么开建筑公司。严格按安全标准组织施工，另行签订补充协议。
20.1 TheContractor shall conduct the construction strictly according to thesafety standards and the related management regulations of ProjectConstruction, be ready for inspection and supervision of industryinspector at any time. The Contractor shall take strict safetyprecautions to eliminate the accident potential. The Contractorshall shoulder accident liability by virtue of poor self-protectivecountermeasure and bear relevant fees.
20、Safety Construction and Inspection安全施工与检查
19.5 TheOwner is responsible for initial operation after completionacceptance. The Owner shall get the consent of the Contractor ifrequiring making the initial operation or coordination beforecompletion acceptance, and the supplemental agreement shall besigned separately.
⑸If the engineers failto sign the trial run record within 24 hours after being qualified,the trial run will be deemed as passed. The Contractor can continueto constructing or make completion formalities.
⑷The trial run costisincluded in lump-sum contract price. .试车费用已包含在合同总价中。
⑶If the failure of trialis due to the Contractor’s construction, the Contractor shall re-installand conduct the trial run according to theEngineer’s requirements, and bear the cost ofre-installation and trial, the project period is not allowed to bepostponed.
⑵If the quality ofmachine causes the failure of trial run, the purchasing party shallrepair or re-purchase the corresponding equipments. The Contractorshall be responsible for demolition and re-installation. If theequipment is purchased by Contractor, Contractor shall beresponsible for repairing, re-purchasing, dismantling andre-installing, bear all the costs and be not allowed to prolong theproject period l. If the equipment is purchased by Owner, the Ownershall bear all above cost, and prolong the project periodaccordingly.
⑴If the trial run failsto meet the inspection requirements due to reason of the design,the Owner shall request the Designer to modify the design, and theContractor shall re-install according to the modified design. Theadditional Expenses for design modification, demolition andre-installation shall be borne by the Owner, and the Project Periodshall be postponed accordingly. However, if the design for thecorresponding part is completed by the Contractor, the Contractorshall modify the design and re-install according to the modifieddesign, and shall bear all the Expenses for the designmodification, demolition and re-installation, where the ProjectPeriod shall not be extended.由于设计原因试车达不到验收要求，事实上怎么开建筑公司。不参加试车，须在开始试车前24小时以书面形式向承包人提出延期要求，双方在试车记录上签字。
19.3 IfEngineers cannot attend the trail run on time, the postponingnotice shall be provided to Contractor in writing 24 hours inadvance. Engineers shall recognize the trial run record even thoughhe does not attend it.工程师不能按时参加试车，承包人按要求做好准备工作。试车合格，并在试车前48小时以书面形式通知承包人。通知包括试车内容、时间、地点和对承包人的要求，发包人组织试车，发包人代表在试车记录上签字。听说安和。
When inthe course of production equipment any installation, the whole setof machines is ready for a trial run without load, the Owner shallorganize a trial run and shall notify the Contractor in writing ofsuch trial run 48 hours in advance. The notice shall include thecontent, time and place of the trial run, and the requirements tothe Contractor. The Contractor shall make the preparationsaccording to the requirements. If the trial run meets thestandards, both Parties shall sign on the record of the trialrun.
When inthe course of production equipment installation, a single machineis ready for trial run without any load, the Contractor shallorganize a trial run, and shall notify the Owner’s Representativein writing of such trial run 48 hours in advance. The notice shallinclude the content, time and place of the trial run. TheContractor shall prepare the record of the trial run, and the Ownershall provide the necessary conditions for the trial run accordingto the Contractor’s requirements. If the trial run meets thestandards, the Owner’s Representative shall sign on the record ofthe trial run.
19.2 Ifthe Owner deems a trial run of the production equipment necessary,it shall conduct the same in accordance with the provisions of thisArticle.
19.1 If itis agreedto execute the trial run for special items like thecranes or the air conditioning, the scope of the trial run must bein strict compliance with the requirements under the technicalattachment of the Contract.
No matterwhether the Engineers conducted inspection, whenever they request are-inspection of the concealed part, the Contractor shall separatesuch part or dig holes as required, and re-conceal or repair suchpart after the re-inspection. If the inspection shows theconstruction satisfactory and the Contractor has performed theobligation of notification in accordance with Article 17, the Ownershall bear all corresponding cost, compensate the Contractor’sloss, and prolong the construction time limit accordingly. Ifunqualified, the Contractor shall bear all cost and theconstruction time limit is not allowed to be prolonged.
17.3 TheProject, meeting the Project quality standard, specification anddrawings, and being inspected and accepted by Engineer, but theacceptance record is not signed by engineers in 24 hours, will betaken as acceptance, the Contractor can continue to conceal orconstruction.
17.2 IfEngineers cannot make the inspection and acceptance on time, heshall require postponing inspection in writing to Contractor 24hours ahead of the inspection, the postponement shall not exceed 48hours..
17.1 TheProject is ready for being concealed or reach the condition forintermediate acceptance described in Commercial Terms, theContractor shall conduct self-inspection and notify the Engineersto do the check and acceptance in writing 48 hours ahead of concealand intermediate acceptance. The notice shall include the content,date, location of conceal and intermediate acceptance. TheContactor shall prepare the inspection record. If being accepted,Engineers sign on the record, then Contractor conceals andcontinues construction, otherwise Contractor shall make themodification in limited time and be ready forre-inspection.
17、Concealed work and Intermediate Acceptance隐蔽工程和中间验收
16.3 Theinspection done by Engineers shall not impact the normalconstruction. When the inspection is done by effecting the normalconstruction, the Contractor will bear the cost of influencing thenormal construction if the inspection is unqualified, otherwise,the Owner shall bear the cost and prolong the project periodaccordingly.
16.2 Thequality of part which cannot reach the agreed standards shall beremoved and reconstruct according to Engineer’s requirements tillit reaches the standard. The Contractor shall bear all the cost ofremoval and reconstruction if the inconformity caused by his ownreason, and the project period is not allowed to bedelayed.
16.1 TheContractor shall execute the construction according to standards,specifications, drawings and instructions of Engineers givenaccording to contract, and be ready for inspection at any time andprovide convenience for inspection as well.
16、Inspection and Rework检查和返工
15.5 Ifthe project quality is disputable, both parties shall appoint aProject Quality Inspection organization to verify at responsibleparty’s cost. If each party has the responsibility, they share theresponsibility respectively. During the quality examination, theContractor shall unconditionally continue to perform all of hisobligations under this Contract.
15.4 Asthe general contractor of the Project, the Contractor shall beresponsible for the overall quality of the Project and ensure thatthe Project quality will eventually meet the standards andrequirement stipulated in the Contract. If the Contractor thinksthe instructions of the Owner or the Owner’s Representative mayhave an inevitable adverse influence on the quality of the Project,the Contractor shall give a written report to the Owner and putforward opinion for improvement. If the Owner insists on theoriginal scheme and such insistence adversely influences thequality of the Project, the Contractor shall not take anyliability.
15.3During the execution of the Project, the Contractor shall arrangepersonnel of quality examination at all levels in accordance withthe provisions of relevant government authorities of the People’sRepublic of China and make quality examination in strict accordancewith the current provisions of the People’s Republic of China and the requirements under theContract.
15.2 Ifthe requirements of the quality under the Contract are lower thanthe state standards of the PRC, the Contractor shall notify theOwner immediately for the Owner’s Representative to give properinstruction.
In casethe Project finally fails to meet the project quality standard ofexcellent and the above requirements due to reasons attributable tothe Contractor, the Contractor shall pay liquidated damages to theOwner as provided in Article 35 hereunder and take othercorresponding liability for breach.
5) Otherreasonable requirements put forward by the Owner in order to ensurethe Project’s achieving the standards stipulated in theContract.
4) Meetingthe standard for a professional contractor and rules of goodengineering practice.
3) Meetingthe design requirements and interpretations in theDrawings.
2) Safetyand high construction efficiency.安全和施工效率高。
(2) therelevant standards and regulation as mentioned in the tenderingdocuments, and complete any work not shown in any ContractDocuments but necessary for complying with such standards andregulations.
(1) therelevant state standards for design, execution and inspection ofthe PRC and complete any work not shown in any Contract Documentsbut necessary for complying with such state standards of thePRC.
1) Thedesign, materials, equipment and execution quality shall be inconformity with the provisions under the Contract andmeet:
TheContractor further warrants that the Project can satisfy thefollowing requirements:
15.1 Theproject quality shall reach the agreed quality requirements, thenational or industry inspection standard will be the evaluationbase. The Contractor shall be liable for the breach of contract ifthe project quality fails to meet the agreedrequirements.
14.3 Inthe event that the Owner requires completion ahead of schedule, theboth parties shall negotiate and sign the agreement of completionahead of schedule as a part of this contract. The agreement ofcompletion ahead of schedule shall state the measures taken by theContractor to ensure the project quality and safety, the conditionprovided by the Owner andthe additionalcontract price for the ahead of schedule completion.
14.2 TheContractor shall be liable for breach of contract if the projectworks cannot be completed at agreed date in the Contract or theprolonged date agreed by the Engineer because of his ownreason.
14.1 TheContractor shall complete the project works at agreed date in theContract or the prolonged date agreed by the Engineer.
14、Completion of the Works工程竣工
13.3 Ifthe Project Period is delayed due to reasons attributable to theContractor and the Contractor further fails to fulfill the measuresfor improvement in accordance with the Owner’s requirement, theOwner is entitled to entrust other construction enterprise toperform the whole or part of the Project and the Contractor shallstill take the above liability for breach and shall indemnify theOwner from and against any Expenses arising out thereof.
If theContractor’s fails to complete the Project within the ProjectPeriod is not due to any of the above situations or due to theabove situation but without completing the above procedures, theContractor shall assume the corresponding liabilities for breach inaccordance with Article 35 of this General Terms of theContract.
13.2 TheContractor shall submit a written report of delay fact to theEngineer within 14 days after the situations in Article 13.1happen. The Engineer shall appraise the influence that situationmay have on the project according to the confirmed projectorganization design and confirm within 14 days after receiving suchreport, If the Engineers consider that the Contractor shall providefurther corresponding plan or material, the Contractor shallprovide the same unconditionally. If the above situations theContractor may cite are durative events, the Contractor shallreport the event and state the reason to the Engineers in timewithin 7 days after such event occurs and shall submit a summaryreport to the Engineers at the end of each month, and providerelevant materials according to the requirement of the Engineersfrom time to time.
⑺The other conditionsagreed in Commercial terms or agreed by Engineers
⑹Act of God不可抗力；
⑸The weekly idle timeadds up to more than 8 hours due to the shutdown of water,electricity and gas supply.
⑷Modification of Designand Increase of the Quantity of Works设计变更和工程量增加；
⑶The Engineer fails toprovide the instructions and approvals according to contract, whichcauses the schedule cannot be followed.
⑵The Owner fails to paythe down payment, due payment at agreed date without anyjustifiable reason, which causes the schedule cannot befollowed.
⑴The Owner fails toprovide the drawings and construction conditions properly accordingto Commercial Terms.
13.1 Theproject schedule is allowed to be postponed after being confirmedby the Engineers due to following reasons:
Engineershall inform the Contractor of the works suspension in writing ifthe suspension is deemed as necessary by Engineer, and give thewritten processing advice within 48 hours. The Contractor shallsuspend the construction and properly protect the finished project.The Contractor can propose resumption of works after executing theEngineer’s processing advice, and the Engineer shall give thefeedback within 48 hours. If the Engineer fails to give theprocessing advice in regulated time or to reply in 48 hours, theContractor can decide to resume the works by his own. The Ownershall bear the increased cost and loss if the suspension is causedby his own reason, the project schedule can be prolongedaccordingly. The Contractor shall bear the cost if the suspensionis caused by his own reason, and the project schedule is notallowed to be prolonged.工程师认为确有必要暂停施工时，开工日期从承包人实际占有工地之日开始计算，推迟开工日期。但承包人不会向发包人提出任何费用要求。
The Owner,the Owner’s Representative and the Owner’s Personnel as well as any other person authorizedby the Owner shall be entitled to enter the Site at anytime.
If theSite cannot be delivered on time due to reasons attributable to theOwner, the Commencement Date shall be calculated from the date whenthe Contractor takes the occupation of the Site actually. TheCompletion Date will be extended accordingly. However, theContractor shall not ask the Owner to assume any Expense because ofsuch delay of the Site delivery.
11.3 TheOwner shall issue a written move-in notice to the Contractor 7 daysbefore the Commencement Date. The Contractor shall take over theSite 3 days before the Commencement Date as stipulated in theContract.
11.2 Theengineer shall inform the Contractor of commencement delay inwriting if the construction fails to be commenced at scheduled datedue to the Owner’s reason. However, the Contractor will not makeany requirements for Expenses against the Owner.
11.1 TheContractor shall commence construction on the Commencement Date asagreed in the Agreement. If the Contractor cannot commence on time,the Contractor shall submit to the Engineers and the Owner’sRepresentative requirement in writing for deferring thecommencement with the necessary reasons not later than 4 daysbefore the Commencement Date as set out in the Agreement. TheProject Period can be extended accordingly only after the writtenexplicit approval is obtained from the Engineers and theOwner’s Representative. If the Engineers and theOwner’s Representative disagree on the requirement ondeferring the commencement or the Contractor fails to submit therequirement within the prescribed time limit, the Project Periodcannot be extended.
11、Construction Commencement Deferral and开工及延期开工
10.4 Theapproval ofor consent to the above execution organization designand the construction schedule by the Owner or the Owner’sRepresentative shall not be deemed as the amendment, variation andadjustment to the Contract and shall not relieve the Contractor ofany liability for the Project Period, quality, Contract Price andExpenses, etc under the Contract.
10.3 TheContractor has to organize the construction work according to theprogress schedule confirmed by the Engineers, accept the Engineer’sinspection and supervision in the respect of project schedule. Inthe case that the actual schedule does not conform to the confirmedprogress schedule, the Contractor shall put forward the improvementmeasures according to Engineer’s requirements and execute afterbeing confirmed by engineer. The Contractor is not allowed to claimadditional contract price if the unconformity is caused by his ownreason.
10.2 Ifthe stage construction is agreed, the Contractor shall work out theconstruction plan according to the drawings and related informationprovided by the Owner. The specific content shall be defined in theCommercial terms.
10.1 TheContractor provides a detailed progress schedule and constructionOrganization Design within 5 working days after receiving themove-in notice from the Owner, And the Engineer and the Owner shallmake confirmation or propose modification opinions within 5 workingdays after receiving the afore mentioned documents, failure ofwhich shall be deemed as the consents thereto.承包人应在收到发包人书面进场通知后的5个工作日内，造成发包人损失的，双方在专用条款内约定。
三、ConstructionOrganization Design and Project Period施工组织设计和工期
9.2 TheContractor fails to fulfill the obligations in Article 9.1, whilecausing the loss to the Owner, the Contractor shall indemnify theloss accordingly.
⑼The other works shouldbe done by the Contractor shall be described in the Commercialterms.承包人应做的其他工作，交工前清理现场达到专用条款约定的要求，双方在专用条款内约定；
⑻Ensure the cleannessof construction site in conformity with the related regulations ofenvironmental sanitary management, before delivering the Project,clean the Site to meet the relevant requirements specified in theCommercial terms, bear the loss and fine caused due toContractor’s violation of relevant regulations.
⑺Protect the undergroundpipelines, surround and adjacent buildings, structures (incl.buildings as preservation of cultural relics), ancient and precioustrees.
⑹The Contractor shallprotect the completed project before handing over to the Owner, anydamage caused during protection period shall be repaired by theContractor at his own cost. The parts requiring speciallyprotection and cost increased accordingly shall be agreed andspecified in the Commercial terms.
⑸Follow the managementregulations of relevant government authorities about transportationon construction site, noise control and environmental protection,deal with relevant formalities, inform the Owner in writing. Allthe cost therefrom and penalty shall be borne by theContractor.遵守政府有关主管部门对施工场地交通、施工噪音以及环境保护和安全生产等的管理规定，向发包人提供施工场地办公和生活的房屋及设施，并负责安全保卫；
⑷Provide buildings andfacilities at construction site for working and living useaccording to the agreed requirements and quantity in the Commercialterms, the cost is included in the lump-sum contractprice.
⑶Provide, maintenanceand protect the lighting and other facilities used in daytimeaccording to the needs of project, and to be responsible forsafeguard.
⑵Provide the yearly,quarterly & monthly progress schedule, and correspondingprogress statistics.
⑴finish theconstruction drawing and auxiliary project design according to theauthorization, within business and design qualification gradescope, execute the design after being confirmed by Engineer, thecost is included in the lump-sum contract price.
9.1 TheContractor shall complete the following works according to theagreed content at agreed time:
9、The Contractor’s Works承包人工作
8.3 TheOwner fails to fulfill the obligations in Article 8.1, as a resultof which, the project period is delayed, and cause loss to theContractor, the Owner shall indemnify the loss and prolong theproject schedule accordingly.
8.2 TheOwner can entrust the Contractor handling part works of Article8.1, the cost is included in the lump-sum contractprice.
⑼The other works shouldbe done by the Owner shall be described in the Commercialterms.
⑻Coordinate and dealwith the protection work of underground pipelines nearsite,surround and adjacent buildings, structures (incl. buildings aspreservation of cultural relics), ancient and rare trees, and bearrelevant cost.
⑺Organize theContractor and designer to jointly checkup the drawings andinterpret the design technologies.
⑹Confirm the benchmarkand Cartesian point of control, and provide to the Contractor inwriting for making on-site delivery and inspection.
⑸apply the constructionpermit and other approvals for construction, other approvals andapplication necessary to execution of works, temporary land use,interruption of water and electricity supply, suspension of thetraffic, blasting operation (except the certificate to proof theContractor’s qualification)
⑷Provide to theContractor the geologic conditions and underground pipeline data ofthe construction site, and take the responsibility for theauthenticity of the submitted material.
⑶Make available theroadway from construction site to urban and rural public roads, tosatisfy the transportation needs of project and to ensure smoothroad transportation during construction.开通施工场地与城乡公共道路的通道，建筑一级。使施工场地具备施工条件，建议更换其认为不称职的项目经理。承包人应在收到发包人书面通知的两天内提供新的称职的项目经理。
⑵Connect the line forsupply of temporary water, electricity and telecommunication fromoutside of the construction site into the site to ensure the needsof construction period.
⑴Handle the landrequisition, removal compensation, land leveling, etc. to make theland to be ready for construction, continue to solve the residualproblems of above issues after constructioncommencement.
8.1 TheOwner shall complete the following works according to the agreedcontent at agreed time:发包人按专用条款约定的内容和时间完成以下工作：
8、The Owner’s Works发包人工作
7.5 TheOwner can negotiate with the Contractor to suggest changing theincompetent project manager. The Contractor shall provide a newcompetent Project Manager within 2 days after receiving the writingnotice from the Owner.
7.4 If theproject manager shall be changed, the Contractor shall inform theOwner in writing at least 7 days in advance, and get the approval.The successor shall continue to fulfill thepredecessor’s obligations and rights.
7.3 Theproject manager will organize the construction work in accordancewith the design (construction plan) confirmed by the Owner and theinstructions given by the Engineers. In case of emergency and theEngineers are unavailable, Project manager shall take emergencymeasures to make sure the safety of life, property, and project,and submit the report within 48 hours after taking the measures.The Owner shall bear the cost and extend the project scheduleaccordingly if he/the 3rd party is responsible for the emergency;If the Contractor is responsible for the emergency, he shall bearthe Expenses and the Project Period will not bepostponed.
7.2 Thenotice, request and demand, issued by the Contractor according tothe contract shall be made in writing, signed by Project manager,delivered to the Engineer and Owner’s representative, and suchnotice, request and demand will come into effect when the Engineerand Owner’s representative sign their respective name andreceiving time on the return of notice..
7.1 Thename and position of the project manager shall be specified clearlyin the Commercial terms.
6.4 If theEngineersshall be replaced, the Owner shall inform the Contractor7 days in advance in writing, the successor must exercise andperform the same rights and obligations as agreed in thecontract.
6.3Engineers provideinstructions, approvals and fulfill otherobligations agreed in the contract. If the Engineers fail tofulfill obligations in light of the agreement, the correspondingincreasing cost and losses shall be borne by the Owner, and extendthe project schedule accordingly.
Thisarticle is also applied to the instructions and notices given byEngineer’s representative.
If theContractor does not think the Engineer’s instruction is reasonable,the written report of order modification shall be provided in 24hours after receiving the orders, and the Engineer shall make themodification or decision of continuing to implement the originalinstructions in 24 hours after receiving the report, and inform theContractor in writing. In the emergency circumstance, theContractor shall implement the instructions which are required tobe executed immediately even the Contractor has objection. Theadditional cost and loss to the Contractor caused due to wronginstruction shall be borne by the Owner, the delayed projectschedule shall be extended accordingly.
6.2 Theorders and notices from Engineer shall be signed by his own and beprovided in writing to the Project manager, it comes into effectafter being signed by project manager. If necessary, the Engineercan give the oral instructions that shall be confirmed in writingin 48hours and be carried out by the Contractor. In the event thatthe Engineer cannot provide the written confirmation timely, theContractor shall require the written confirmation within 7 daysafter the oral instructions issued. If the Engineer does not givethe prompt reply to the confirmation request within 48 hours, theOral order will be taken as being confirmed.
There isno others on the construction site only Engineer andEngineer’s representative who have right to give theinstructions and commands to the Contractor.
Theengineer’s representative can send written letters in any form inthe scope of authority to the Contractor, which has the same effectas that sent by Engineer. When the Contractor has doubt to letters,he can submit this letter to the Engineers for confirmation.Engineers shall correct the wrong directive made and sent by therepresentative.
6.1Engineers are allowed to appoint the representative to performtheir rights and obligations agreed in the contract, and towithdraw the appointment when necessary. The Contractor shall beinformed of the decision of appointment and withdrawal in writing 7days in advance, so will the Owner. The letter of appointment andthe notice of withdrawal will be deemed as the appendix of thisContract.
6、Appointment and Directive of the Engineers工程师的委派和指令
3) theEngineers will in no events obtain any authorization with regard tomatters such as the extension of the Project Period and theincrease of the Contract Price, nor will they have rights tocertify and confirm such matters, but this shall not apply to theapprovals made by the Owner’s representative within theauthorization scope agreed under the Commercial Terms of theContract.
2) anyacts of the Engineers beyond the scope as authorized by the Ownerwill not be recognized by the Owner, and the Owner will not bearany liabilities arising out thereof;
1) anyacts performed by the Engineers according to the rights under theCommercial Terms of the Contract shall neither increase the Owner’sobligations nor relieve or ease the Contractor’s obligations underthe Contract, otherwise such acts shall have no binding effects onthe Owner;
The Ownerand the Contractor further confirm that
5.5 TheEngineers have no right to terminate any rights and obligations ofthe Contractor defined in the Contractor unless otherwise stated inthe Contractor or approved by the Owner.除合同内有明确约定或经发包人同意外，由发包人予以明确，但职权不得与监理单位委派的总监理工程师职权相互交叉。双方职权发生交叉或不明确时，其姓名、职务、职权由发包人在专用条款内写明，工程师应征得发包人批准。
5.4 Whenthe events affecting the rights or obligations of both partieshappen in the performance of contract, the supervisor shall dealwith it objectively and justly within his authorized rights. Ifeither party has objection to the result, the dispute shall besettled in light of Article 37 hereunder.合同履行中，发包人在专用条款内要求工程师在行使某些职权前需要征得发包人批准的，其姓名、职务、职权由发包人承包人在专用条款内写明。工程师按合同约定行使职权，供工程师及有关人员进行工程检查时使用。
5.3 Thename, position and authority of the representative appointed by theOwner for to the construction site to perform the contract shall bewritten in the Commercial terms, but his authority shall not bereciprocal with the Engineer’s. When the authority is reciprocal orunclearly, the Owner shall define clearly and inform the Contractorin writing.
5.2 Thename, position and authority of the general supervision Engineer(here refers to as Engineers) appointed by Supervision companyshall be written in the Commercial terms. The Engineer shallperform its rights according to the Contract, for some certainrights specified in Commercial terms requiring for prior approvalfrom the Owner, the engineer shall apply for approval inadvance.
5.1 TheOwner shall inform the Contractor in writing of the name ofsupervision company entrusted, its obligations and rights beforecarrying out the supervision procedure.
5、Engineers and The Owner’s Representative工程师及发包人代表
二、General Rights andObligations双方一般权利和义务
4.3 TheContractor shall keep a complete set of drawings at theconstruction site for the use of project inspection done by theengineers and related persons.
4.2 TheContractor is not allowed to transfer the drawings to the 3rd partywithout the consent of the Owner. The Contractor shall return alldrawings to the Owner except the drawings for filing after thewarranty period.
4.1 TheOwner shall provide the agreed sets of drawings to the Contractorat agreed time. If the Contractor needs additional copy ofdrawings, the Owner shall duplicate it at the Contractor’s cost.The Owner shall clearly state the confidentiality requirements inthe Commercial terms if any. The Owner shall pay for theconfidential measure cost, and the Contractor shall perform theconfidential obligation at the agreed period.
All theexpense for buying and translating the standards andspecifications, or making out the construction process shall beborne by the Owner.
In theevent that there is no corresponding domestic standards andspecifications, the Owner shall provide the construction technicalrequirements to the Contractor at the time stipulated in Commercialterms, and the Contractor shall provide the construction technologyat agreed time accordingly, which can be executed after beingreleased by the Owner..
BothParties define the name of applicable national standards andspecifications in the Commercial terms; if no national standardsand specifications but industry standards and specifications, theparties shall specify the name of industry standards andspecifications; if no applicable national and industry standardsand specifications, the parties shall specify the name of theapplicable local standards and specifications; The Owner shallprovide an agreed standard and specifications in duplicate to theContractor at the stipulated time in Commercial Terms. In casethere exists applicable standards agreed by both Parties, suchagreed standards shall apply in the first place
3.3Applicable Standards and Specifications适用标准、规范
ThisContract is applicable to National Laws, administrativeregulations. Both parties shall define in the Commercial terms ifthe laws and regulations shall be described clearly.
3.2Applicable Laws and regulations适用法律和法规
Thisagreement is written, explained and interpreted in English. TheEnglish shall be the standard language when explaining and statingthis contract if there are two or more languages required in theCommercial Terms.
3、Language, and Applicable Laws, Specifications andStandards
2.2 Whenthe contractcontent is ambiguous and vague, or inconsistent, theOwner and the Contractor shall settle either through negotiationwith the premises of not influencing the project schedule, orasking the supervision engineer to make the explanation. In theevent that both parties fail in negotiation or disagree theexplanation from Supervision Engineer, the dispute shall be settledaccording to Article 37 hereunder
Thewritten modification agreement and meeting minutes about theprojects agreed by the Owner and the Contractor in the course ofcontract performance shall be deemed as part ofcontract.
11)Project Progress Schedule工期表
10)Letter of Quality Warranty质量保证书
9)Quotation an or Budget Statement工程报价单或预算书
8)Bill of Project Quantities工程量清单
6)Standard, Specification and related technical documents标准、规范及有关技术文件
5)General Clauses of this Contract本合同通用条款
4)Commercial Terms of this Contract本合同专用条款
3)Letter of Tender and its appendix招标书及其附件
2)Letter of Acceptance中标通知书
2.1Contract documents should be taken as mutually explanatory andinterpretable of one another, unless otherwise specified inCommercial terms, the composition of the contract documents andpriority for interpretation shall be as follows:
2、Contract documents and Interpretationpriority合同文件及解释顺序
1.23 Houror day: Inthe Contract, where a period is specified to becalculated by hour, the period shall be calculated from theeffective commencement of the event (the break time not to bededucted); where a period is specified to be calculated by day, theday of commencement shall not be included, and the calculationshall start from the following day. Where the final day of a timelimit falls on a public holiday or other statutory holidays, theday after the holiday shall be deemed to be the final day of thetime limit, but this shall not apply to the case of CompletionDate. Closing time for the final day of a time limit shall bemidnight 24:00.
1.22 Actof God: Anyobjective conditions which are unforeseeable,unavoidable and insurmountable.
1.21Claim: the claimagainst the other Party for economic compensationand/or extending the Project Period for the actual losses that arecaused not due to his fault, but due to a reason attributable tothe other Party during the performance of this Contract.
1.20Liability for Breach: the liability to be taken by either party whofails to fulfill the contractual obligations or fails to fulfillits contractual obligations in accordance with the agreementshereunder.
1.19 Inwriting or written: The form where the contents it carries can betangibly represented, such as agreements, letters and digitaldocuments (including telegrams, telexes, facsimiles, electronicdata interchange and e-mails), etc..
1.18Construction site: the site provided by the Owner for purpose ofexecuting the project or any other place specified in the drawingsfor purpose of executing the project.
1.17Drawings: any and all the drawings satisfactory to the constructionrequirements of the Contractor (including accessorial instructionsand related material) , which are provided by the Owner or by theContractor but approved by the Owner.
1.16Completion Date: the absolute date or the relative date on whichthe Contractor complete the contract works as specified in theagreement by the Owner and the Contractor.
1.15Commencement Date: the absolute date or the relative date on whichthe Contractor commences the construction hereunder as specified inthe agreement by the Owner and the Contractor.
1.14Project Period: The contracting days that are specified in theAgreement by both Parties and are calculated as per calendar days(incl. all weekends and statutory holidays).
1.13Expenses: refersto the economic costs excluded in the contractprice, but shall be borne by the Owner or thecontractor.
1.12 TheAdditional Contract Price: In case the Contract Price needs to beincreased during the performance of the Contract, the increasingpart calculated according to the method agreed by both Partiesafter the confirmation and approval of the Owner.
1.11 TheContract Price: the amount specified in the Agreement that theOwner shall pay to the Contractor provided that the Contractor hascompleted all the works within the contract scope and undertakenthe responsibility of quality warranty in strict and fullcompliance with the contractual provisions.
1.10 TheProject: The project within the contracting scope agreed in thisagreement by the Owner and the Contractor.
1.9 TheProject PriceGoverning Authority: The relevant department of theState Council, the construction administrative departments of thelocal government at or above the county level or the project pricegoverning institute as authorized by the above mentioneddepartments.
1.8 TheEngineers: The general supervision engineer appointed bysupervision company or the representative designated by the Ownerfor performing this Contract, whose responsibility andidentification shall be specified in the Commercialterms.
1.7Supervisor: the company entrusted by the Owner to be responsiblefor supervision of this project, who has the correspondingqualification certificate of Project supervision.
1.6Designer: the company who has the corresponding certificate ofProject design and is responsible for the design of thisproject.
1.5Project Manager: The representative as designated by the Contractorwho is in charge of construction management and contractperformance.
1.4Contractor: the person or the lawful successor who has theconstruction contractor qualification, and accepted by the Ownerand stipulated in the Contract.
1.3 Owner:It refersto the person or the lawful successor stipulated in theContract who has the contract awarding qualification, and abilityto pay the contract price
1.2Commercial Terms:The terms agreed by parties after negotiatingbased on specific project situations according to laws,administrative laws and regulations, it is the concreteness,supplement, and modification to the General clauses.
1.1General Clauses:The clauses which are concluded according to laws,administrative regulations, requirements of construction projects,applying to construction project clauses.
Thefollowing words and expressions shall have the definition asdefined in this article unless otherwise stipulated in thiscontract.
一、Definitions andContract Documents词语定义及合同文件
Part II General Clause第二部分通用条款
Allequipment provided by the Contractor is subject to the inspectionof the Owner’s Representative. In the event that the OwnerRepresentative deems the equipment or tool to be in unreliable orunsafe condition Contractor shall repair or replace to the OwnerRepresentatives satisfaction. In the event that the Contractor doesnot comply with the Owner Representative’s direction in a timelymanner, Owner Representative shall purchase or hire suitableequipment at his discretion and deduct the amount fromContractor’s Contract Price.
19、Equipment and labor设备和人力
Contractorshall provide a working plan indicating preferred locations formaterial storage. This plan shall be submitted to the OwnerRepresentative for his review and approval. Contractor shallinspect each piece of material delivered and fill out the providedacceptance form of material. In the event that material does notconform to quality requirements, a formal letter of non-conformancewill be issued to the Supplier and copied to the OwnerRepresentative. Materials will be stored above ground in properlydrained areas and be provided with covering to protect the productsfrom weather conditions and construction activity. Contractor isresponsible to ensure that products are secure from pilferage ifnecessary.
Contractorshall be responsible to protect and maintain the condition of Roadsand Curbs, Drain and Valve Covers, Hydrants, Poles and any ExternalFacility or Perimeter Item of the Site. Any reparation worksrequired at the end of the Contracted Works will be undertaken inthe most professional fashion and in accordance with theinstructions of the Owner Representative and at the cost of theContractor.
Contractorshall provide main materials, equipments and related data to Owneraccording to drawings and requirements.
Non-conforming product shall be replaced with the agreedquality and type. Owner reserves the right to select alternativeproducts in the event that the original selections as specified inthis Contract become unavailable. The Contractor shall make theseselections available at the originally agreed unit rate or lump sumprice for supply. Contractor warrants that he shall, at his owncost and expense (including cost of removal, transportation andinstallation and any other expenses associated therewith), withinthe Warranty Periods as specified, promptly repair or replace anyitem failing to comply with the scope of Works or any otherprovisions of this Contract (Defective Works). In the event thatthe Contractor fails to supply or replace the products with theagreed type, then the Owner shall take over that portion of supplyand provide the product for the Contractor’s installation. TheOwner may recover such sums by deducting the amount of suchreplacements from any monies due to the Contractor. The payment ordeduction of such replacements shall not relieve the Contractorfrom his obligations to complete the Works or any other obligationor liability under the Contract. Where Contractor undertakes torenewal or replacement of defective items, the Warranty Periodapplicable to that item shall be extended for the time from Owner’srequest to remedy the defect up to the date of Owner’s writtenacceptance of renewal or replacement of the defective item. WhereContractor does not renew or replace defective items to thesatisfaction of Owner, the latter may carry out such remedies,either by its own forces or by other contractors. Owner may deductthe costs arising therefrom from any payments due and owing to theContractor. If such costs exceed the amount due the Contractor, theContractor shall immediately upon demand pay such excess toOwner.
15.2Warranty for Defective Works不符合要求产品的补救
TheContractor has confirmed his acceptance of the Safety Conditions asprovided in this document and which are to be adhered to whenundertaking all Works associated with this Contract. Theseconditions are included herein as Part IV of this ContractDocument. Non-conformance with safety requirements will attract afine to be deducted from Contract Price as follows:
15.1Remedy for Safety Non Conformance危险施工的补救（由谁来进行以下项目的监督）
15、Safety Remedial Measures安全补救措施
TheContractor shall take all reasonable means to protect theenvironment (both on and off the Site) and to limit damage andnuisance to people and property resulting from pollution, noise andother results of his operations. The Contractor shall ensure thatemission, surface discharges and effluent from theContractor’s activities shall not exceed the values indicatedby local authority, and shall not exceed the values prescribed byapplicable Laws.
Contractorshall engage cleaning staff throughout the construction periodresponsible for maintaining clean and tidy work areas at all times.Contractor shall ensure that installed products and structure aremaintained in a new/good condition at all times. Contractor shallbe responsible to remove all rubbish, packaging, dunnage, offcutsor any other material from the Site at the end of each workingmonth. All passage ways and areas requiring access will bemaintained free from obstructions at all times. If Contractor doesnot comply with above requirements. Owner has the right toundertake Works at Contractor's costs.
Contractorshall pay all statutory fees associated with its Works includingany fines imposed due to Contractor’s non-conformance with the State laws and locallaws.
13、Fees and Penalties杂费及罚金
Contractorhas responsible to take insurance with coverage of all constructionrisks. Contractor is to provide insurance document for accidentsand casualty of his employees, all vehicles on or entering Site, incompliance with P.R.C. regulations.
Contractorhas offered pricing for his best Contract period according to thenumber of calendar days in Schedule taking into consideration thoserequirements for transport, public holidays, and weatherconditions. A detailed working Time Schedule in bar chart form hasbeen provided by Contractor in his proposal. This Time Schedule hasbeen accepted by the Owner. If the Contractor fails to comply withthe completion date, then The Owner may recover such sums bydeducting the amount of such damages from any payables due to theContractor, and which shall not be recoverable. The payment ordeduction of such liquidated damages shall not relieve theContractor from his obligations to complete the Works or any otherobligation or liability under the Contract. The following rate perDay shall apply as fixed, agreed liquidated damages payable by theContractor due to delay in the Completion of the Works: 0.2% of thetotal Contract Price for each Day of delay. The total amountpayable due to delay in Completion of the Work shall not exceed 10%of the Contract Price. If the completion of the Works is delayedfor reasons proven by the Contractor and accepted by Owner to bebeyond the control of the Contractor, then the Contractor shall begranted such extension of time as may be reasonable. In any eventthe Contractor is obliged to immediately notify Owner in writing ofthe occurrence and cause of any such delay and also to make everyeffort to mitigate the consequences of such delay.
11.3Liquidated damage for delay延误损失赔偿
Noticeshall be provided to the Owner seven (7) days before date ofmobilization, along with proposed locations for material storage,these locations will require the Owner’s approval prior to placement.
11.2Notice of Mobilization and Locations for TemporaryInstallations进场通知和临时设施点
Contractorshall begin the Works on the date defined inContractor’s Time Schedule contained in Part VII or on alater mutually agreed date, and shall thereafter perform the Workscontinuously and diligently.
Bothparties shall confirm and state the acceptance of the GeneralConditions of Contract. These conditions are included herein asPart III of this Contract Document.
10、General conditions of Contract合同通用条件
Contractorshall provide with each invoice to the Owner a formal Tax receiptindicating that all taxes for the amount being invoiced has beenpaid.
(5) Ownershall have the right to take possession of or use any completed orpartially completed part of the Works. Upon making such adetermination, Owner shall notify the Contractor of its intent totake possession and/or use of a portion of the Works. Prior to suchpossession or use, Owner shall furnish the Contractor an itemizedlist of Work remaining to be performed or corrected on suchportions of the Work as are to be possessed or used by the Owner,provided that failure to list any item or Work shall not relievethe Contractor from responsibility for compliance with the terms ofthe Contract. Such possession or use shall not be deemed anacceptance of all Works under the Contract.
(4) In theevent of an emergency or if the Contractor fails to diligentlyperform the Outstanding Works, Owner may complete such Works,either by its own forces or by other contractors. Owner may deductsuch costs from any payments due and owing to the Contractor. Ifsuch costs exceed the amount due to the Contractor, the Contractorshall immediately pay such excess to Owner.
(3) When,in the opinion of Owner, the Works are properly completed in allrespects including any Outstanding Works, Owner shall issue a FinalCompletion Certificate.
(2) WhenContractor is of the opinion that the Works are SubstantiallyComplete, Contractor shall submit to Owner a written request ofinspecting the Works so as to determine whether SubstantialCompletion has been achieved. Upon such request, Owner must respondwithin twenty five (25) days of its receipt with either (i) aCertificate of Substantial Completion or (ii) an explanation of thereasons why the Works are not Substantially Complete, including alist of open items necessary to achieve Substantial Completion(Outstanding Works). Owner shall advise Contractor of the timereasonably required to complete Outstanding Works., which shall beno more than two (2) months.
(1) Whenthe Works are substantially completed, Owner shall issue aCertificate of Inspection and Acceptance. The issuance of thisCertificate shall not relieve Contractor from his obligationhereunder to complete the Works.
8、Completion of Works工作完成
Agreedpayment of Variations Works will be paid in ninety-seven per cent(95%) of its respective value of such completed Works, and the restamount - being three per cent (5%) - will be paid within 7 daysupon the completion of one year warrantee period.
7、Payment for VariationWorks增项工程付款
5% of thepayment, as the project warranty money, will be paid off within 7days upon the completion of one year warrantee period, startingfrom the official acceptance.
Finalacceptance by The Owner and authorities5%
Auxiliaryproject, such as electricity, streetlight, fire-fighting, road,landscape, sewage, etc. completion, office decorationfinished5%
Commencethe installation of Electricity5%
WeathertightBuildingand floor completion20%
StructureWork (steel structure and RC) completion and accepted byauthorities20%
Piling andfoundation work completion and accepted by authorities20%
Designcompletion, audited, planning and construction certificateobtained:10%
The Ownershall pay 10% of Lump-sum Contract price as the down payment within15days after signing the contract.
ThePayment schedule is as below(Base value is the contractprice):
Allpayment will be released within 15 working days upon the approvalof the milestone and the receiving of the invoice.
4、Terms of Payment付款条款
ContractPrice is inclusive of all taxes and charges associated withContractor’s Works.
Thecontractor shall execute the variation works caused by the specialrequirements in contract scope, and carry out the correspondingcontract obligation, even the price condition is not definedyet.
In case ofdifferent Unit Rates in the documents for identical or similar typeof Work, the lowest rate shall apply. Items of Works undertaken asLump Sums or later ordered or agreed as Lump Sum Works, shall notbe re-measured.
It shouldbe the contractor to put forward the application of increasing costfor unexpected variation even by experienced contractor, and shallbe confirmed by The Owner.
The pricesstated in this part will apply for Variation works, such asrequirement of the Owner, design changes, unexpected change even byexperienced Contractor. Any such Variation in Scope of Works orDesign changes will be instructed by Owner and will be detailed ona written Change Order. These rates shall be fixed and firm and notsubject to rise and fall for the duration of thisContract.
2、The Prices for Variation Works增项工作的费用确定
The LumpSum Prices cover major design and construction activities,including all minor associated Works described or inferred from theSpecifications, Drawings or other Contract Documents. Lump Sumcosts have been agreed to apply without variation for those Worksdescribed unless amendment to design departs significantly from theintent.
q) Allrelevant taxes as described below所有有关的税收
p) Allcosts associated with Quality Assurance and Quality Control andassociated inspections.
o)Allowances for inclement weather and all other contingent expenses,liabilities, risks and services and responsibilities in accordancewith the specifications and the conditions of Contract, which areto be borne by the Contractor.
n)Overhead administration charges and profit日常行政费用和利润。
m)Insurance (other than those specified as being provided by TheOwner.)
l)Watching, lighting, security, safety measures.看守、照明、保安和安全措施。
k)Providing and testing the samples of material and equipments(except where particular items are specifically stated to be theresponsibility of the Owner).
j) InCompliance with all statutes and Contract Safety regulations,carrying out all Works accordingly, including all necessarynotification, liaison, and work in full co-operation with othercontractors all along.
i) Healthand welfare facilities健康和福利设施。
h)Temporary site facilities including electricity, tap water,communications and the like as required.
g)Temporary storages, workshops, work shed, change rooms, Siteset-up, consumables and the like requirements.
f)Temporary works essential for Completion of Works完成工程所必需的临时工程。
e) AllTransport, haulage and cranage activities related to the Worksduring construction period
d)Manufacturing and installation equipments for Construction,including construction machinery, equipments, tools, scaffolding,and other appliances
c)Consumables of any type either directly or indirectly related toconstruction
a) Alllabor, supervision and administration costs, including wages,allowances, holidays, insurances, welfare and other payments, taxesand expenses payable in respect of labour in accordance withstatutory requirements.
The LumpSum Prices shall be the Contract Price and shall be fixed, and notsubject to rise and fall in the duration of this Contract (exceptthe material rise exceeds 20%), and shall be deemed to be fullinclusive prices for the finished Works as described below andunless specifically stated, otherwise shall include withoutlimitation.
1、The Lump-sum Contract Price合同总价
承包人提供的报价书包括了设计、地质勘察和工程建设所需要的材料、工具、设备、人力以及对总包工程必要的协调服务工作等内容。基于承包方的报价，若你有空闲，也没有好的工具能去查询的，比较苦恼这些专业用语，但处于盲人摸象阶段，打扰你啦。我这几天在翻有关这方面的一些资料，不好意思， Contractorprovided a quotation covering complete supply of all materials,tools, equipments, labor for design, land testing and constructionand necessary coordination services for the complete General Works.Both parties agrees on the final contract price on the basis ofquotation from Contractor.
Terms of EPC Contract ofConstruction
Shaft Bank Infrastructure Services Co-ordination