Demonstration contract of construction and installation engineering
Construction and installation project model contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Project location: _ _ _ _ _ _ _ _ _ _ _ _; 3. The project plan approval unit and document number: _ _ _ _ _ _ _ _ _; 4. Project scope and content: The total construction area of the project is _ _ _ _ square meters. (See the project schedule for details of each single project) Article 2 The project duration is 1, and the total contract duration of this project is _ _ days (calendar days are counted from the commencement date). 2. The commencement date of this project is _ _ _ _ _ _ _ _ _ _. 3. In case of any of the following circumstances, the construction period shall be postponed accordingly upon the visa of the on-site supervision engineer or the employer's engineer representative. And determine the extension period in writing. (1) The employer fails to deliver the construction site, access roads and construction water to the contractor, or fails to connect the power supply as required, which affects the contractor's construction site. (2) It is clear that the materials, equipment, finished products or semi-finished products supplied by the Employer fail to enter the site at the time agreed by both parties, or the materials, equipment, finished products or semi-finished products entered the site are found to be defective when submitted to the Contractor, and need to be repaired, modified, replaced or replaced, thus delaying the construction progress. (3) major design changes that are not within the scope of the lump sum coefficient; The engineering geological data provided are not allowed, resulting in ultra-deep foundation; The construction method does not meet the design requirements, and the increase of engineering quantity affects the progress. (4) In the process of construction, water supply and power failure continuously affect for more than 8 hours. (5) The on-site supervision engineer or the engineer representative of the Employer delays the visa formalities without any reason, which affects the constructor of the next working procedure. (6) Failure to allocate advance payment, project progress payment and price difference of purchased materials as stipulated in the contract affects the construction progress. (7) The progress of the project is affected by natural disasters (such as typhoons, floods, fires and earthquakes caused by natural causes). ) is irresistible to human beings. Article 3 The total contract price of this project is 1, and the total contract price of this project is RMB. 2. The total contract price will be adjusted accordingly in the following circumstances: (1) The provisional valuation of the total contract price confirmed by both parties has changed; (2) Changes in material price difference, wages, rates and other expenses caused by policy adjustment during the contract period; (3) major design changes; (4) The foundation exceeds the design depth; (5) New projects in construction; (6) others. Article 4 The supply of materials and equipment is 1, and the supply mode of all building materials, building components, equipment and other materials required for this project shall be handled in accordance with Annex _ _ _ _ through negotiation between both parties. 2. Division and inspection of the supply scope of materials and equipment: (1) Imported special materials, non-ferrous metals, materials under management, mechanical and electrical products of Class II and III shall be supplied to the site or designated place by the Employer. If the goods are delivered outside the designated delivery place, the employer shall be responsible for the over-distance freight and other expenses. (2) Complete sets of equipment and special equipment shall be delivered to the contractor after bidding, ordering, supply and commodity inspection. The equipment that arrives in advance shall be kept by the Employer in the warehouse and delivered to the Contractor for safekeeping during installation, and shall not be misappropriated, lost or damaged. (3) Except as specified in the list of materials and equipment provided by the Employer, the materials and equipment required for this project shall be provided by the Contractor. (4) All materials, equipment, finished products and semi-finished products shall have certificates, and shall be inspected and accepted. Only after the materials are signed and accepted can they enter the site. Materials that have entered the site shall not be transported out of the site without the permission of the Employer. (5) If unqualified materials are found, the supplier must transport them out of the field quickly. (6) If any party has any objection to the building materials and equipment that have passed the inspection, it may re-inspect. If the product is qualified after inspection, the inspection fee shall be borne by the party requesting inspection; If the product is unqualified, the inspection fee shall be borne by the supplier. (7) Building materials, equipment, components, etc. Without certificate, inspection or unqualified inspection, both parties shall not use it in this project. If adverse consequences are caused by dereliction of duty of major personnel or other reasons, the responsible party shall be responsible. (8) If either party forces the other party to use unqualified building materials, equipment and building components in this project, it shall make a good visa record, and all consequences arising therefrom shall be borne by the forcing party. 3. Settlement of material price difference and physical price (1) If the main material indexes submitted by the Employer are purchased and supplied by the contractor, the original price difference or budget price difference shall be calculated item by item according to the index nature and policy price adjustment, and the budget price of construction and installation materials shall be supplemented by the Employer. If the difference is not included in the contract cost, it shall not be included in the direct cost of the project. (2) The main materials provided by the Employer in kind shall be settled according to the price of construction and installation materials provided by the Employer in kind. (3) In addition to the materials and equipment supplied by the Employer, if the Employer specifies manufacturers and varieties for the Contractor to purchase and supply the materials and equipment specified by him, the price shall be settled according to the facts. (4) The materials and equipment that the Employer entrusts the Contractor to purchase shall be collected by the Contractor at the price agreed by both parties, and the Employer shall make a one-time payment within _ _ days after the signing of this contract. (5) The indicators or physical objects of the materials and equipment provided by the Employer must be the materials and equipment used in this contract project. If the specifications and varieties are not in conformity with the actual needs, the contractor shall assist in adjusting the use, and the employer shall pay the contractor the service fee of RMB yuan (or the contractor shall not charge the service fee). (6) The timber, timber indexes, physical objects and hard miscellaneous wood supplied by the Employer shall be handled according to relevant regulations, and the quantity difference and price difference shall be borne by the Employer. Article 5 Project Quality and Inspection and Acceptance 1. The contractor must carry out the construction in strict accordance with the construction drawings, description documents and relevant codes and regulations promulgated by the state, and accept the supervision and inspection of the site supervision engineer or the employer's engineer representative. 2. The site supervision engineer or engineer's representative hired by the Employer must inform the Contractor of his name, identity and tasks in written form. 3, the contractor to determine the construction site director and technical director, professional and technical personnel and management personnel, must notify the supervision engineer or engineer on behalf of their names, identities and share the work in writing. 4, the contractor shall, according to the progress of the project, timely provide technical information about the quality of the project, such as materials, equipment certificate, test, pressure test, testing, reports and other copies. Material substitution must be approved and signed by the design unit and the owner before use. 5. After the concealed works are self-inspected by the contractor, fill in the concealed works acceptance form and notify the on-site supervision engineer or engineer representative for inspection and acceptance. The supervision engineer shall go to the site for inspection within _ _ hours after receiving the notice, and the next working procedure can be carried out only after the visa is approved. If the supervision engineer's acceptance is unqualified, the contractor can continue the construction in concealment after being confirmed by the quality inspection department, and the employer will recognize it and go through the acceptance formalities. If an objection is raised, the employing unit shall be responsible for reviewing the expenses of those who pass the examination; The contractor shall be responsible for the unqualified person, and the responsible party shall be responsible for the time limit for a project loss caused thereby. 6, electrical lighting, ventilation, piping, sanitary engineering and mechanical and electrical installation project is completed, must be carried out in accordance with (1)_ _ _ _ _ _ _ _ _; (2)________; (3) _ _ _ _ _ and other relevant technical inspection regulations. This is a separate trial run, which should be carried out by the contractor. No matter who is in charge of the test run, both parties should cooperate with each other and jointly carry out the test run. The cost of power, fuel, oil, materials, instruments, special tools and technical services required for trial operation shall be provided by the Employer. The expenses included in the quota shall be borne by the contractor; Not included in the quota, shall be borne by the employer. 7, equipment installation project, by the contractor in conjunction with the party awarding the contract will have finished the project (equipment foundation) to the installation unit for intermediate completion procedures, and as the basis for completion acceptance. 8, project completion acceptance, should be based on construction drawings, drawings, technical disclosure minutes, design change notice, construction acceptance specifications and quality inspection standards issued by the state. 9. After the project is completed, the contractor shall provide complete technical documents in accordance with the regulations and issue a completion notice. The acceptance time shall be determined by both parties through consultation, and the employer shall organize relevant units to conduct the completion acceptance. After the acceptance, both parties sign the handover acceptance certificate and hand over the project to the employer for management. If the Employer delays taking over the project, the storage expenses and losses caused thereby shall be borne by the Employer. If any project that does not meet the quality requirements is found to need to be reworked during the handover and acceptance, the responsibility shall be clearly defined. Due to construction reasons, the contractor shall be responsible for the repair according to the time agreed by both parties at the time of acceptance. The completion date shall be the date of final inspection. 10. The completed project without acceptance shall be kept by the contractor before the completion of the project, and the employer shall not use it. Has been used by the employer, as submitted. Due to the contractor's reasons, the project that should be handed over for acceptance but not handed over for acceptance shall be handled according to the terms of delayed construction period, and the economic losses caused thereby shall be compensated. 1 1. After the project is completed and accepted, the civil engineering warranty period is 1 year, the heating project is a heating period, and the water and electricity warranty period is half a year. The warranty certificate shall be filled in by the contractor and handed over to the employer after the completion acceptance. In case of engineering quality problems caused by construction, the Employer shall notify the Contractor in writing and fix them at the appointed time. If the contractor refuses to maintain during the warranty period, the employer may use the reserved warranty money for maintenance, and the excess expenses shall be borne by the contractor. Article 6 The change of construction design 1, the design drawings, descriptions and relevant technical data delivered by the Employer are valid basis for construction, and neither the Employer nor the Contractor may modify them without authorization. 2, major changes in the construction drawing, must be approved by the original design unit, and _ _ days before the modification of the design modification agreement. The design change agreement can only be implemented by the contractor after it is signed by the employer. The number of copies of the agreed list and revised drawings is the same as that of the construction drawings, which are used as supplementary documents to the contract. 3. When the revised drawings are design errors, equipment changes, building area (volume) increases, structural changes, standard improvement, process changes and geological conditions do not meet the design, the responsible party shall be responsible for the increased costs (including rework losses, work stoppage, slowdown, relocation of personnel and mechanical equipment, actual losses of overstocked materials and components) and adjust the contract costs. 4. On the premise of ensuring the engineering quality and not lowering the design standard, the contractor puts forward reasonable suggestions for modifying the design, which will be implemented with the consent of the employer, the design unit or the relevant technical department, and the saved value will be distributed according to the relevant provisions of the state. 5. When one of the following facts occurs during the construction of the project, the contractor must immediately notify the employer in writing and ask for confirmation: (1) The design drawings and description documents are inconsistent with the geological and groundwater conditions of the project site, and the construction conditions indicated in the design documents are inconsistent with the reality; (2) The design drawings and documents are unclear or have errors and omissions, and the drawings are inconsistent with the specifications; (3) Unexpected special difficulties occurred in the construction conditions not specified in the design drawings and description documents. The confirmed facts must be resolved within a time limit. If the work stoppage is caused by the failure to be resolved as scheduled, the construction period loss shall be borne by the Employer. Article 7 Both parties shall be responsible for matters 1, and the employer (1) shall handle land requisition, young crops compensation, cemetery relocation, house demolition, obstacle removal (including overhead and concealment), and provide concealment and obstacle information; (2) Before starting construction, level the "Three Links" outside the building red line and the site inside the red line; According to the approved construction organization design or construction scheme, provide water and electricity connection points within _ _ _ meters from the building in the red line diagram, and install water and electricity meters, so that the contractor can charge according to the meter; Responsible for the maintenance of red line access roads; (3) According to the water supply, power supply, water pressure and voltage in the construction area, take measures to meet the needs of construction water and electricity; (4) Provide construction land not less than _ _% of the contracted construction area according to regulations, handle temporary land outside the red line and temporarily occupy roads, blasting and temporary railway special lines, and bear the expenses incurred; (5) Within _ _ days after the signing of the contract (subject to the final signed drawings), provide _ _ sets of complete construction and installation technical data to the contractor; (6) Determine the positioning piles, leveling points and coordinate control points of roads, lines and sewers of buildings (structures); (7) Organize the disclosure of construction drawings attended by both contractors and design units, form a disclosure summary signed by three parties, and distribute it to relevant units within _ _ days; (8) Review the monthly progress report of the contractor and pay the progress payment to the contractor in time; (9) Organize the supply in time according to the schedule of materials and equipment provided by the employer, and the materials and equipment shall be provided by the employer to meet the needs of construction progress; (10) The supervision engineer or engineer's representative stationed at the construction site shall supervise and inspect the project progress, project quality, concealed works and contract implementation, and be responsible for handling design drawings, design change visas, intermediate acceptance of projects, project progress payment visas and other necessary visas; (1 1) Organize the project completion acceptance, cooperate with the contractor to complete the final accounts according to the date stipulated in the contract, and settle the project finance and balance payment in time. 2. The contractor (1) leveled the construction site and built water, electricity, roads and temporary facilities in the construction battery limit; (2) Prepare the construction organization design (or construction scheme), the general construction schedule, the mobilization plan of materials and equipment, finished products and semi-finished products, the water and electricity plan, the completion notice, and the acceptance sheet of concealed works. , and send it to the employer and relevant units in time; (3) Purchasing, supplying and managing materials and equipment according to the scope of division agreed by both parties; (4) Submit the monthly construction plan to the Employer _ _ days before the end of each month, which belongs to the material and equipment supply plan provided by the Employer and the monthly progress report of the month (including engineering quantity, workload and image progress, etc.). ); (5) Carry out the construction in strict accordance with the construction drawings and specifications, ensure the quality of the project, and complete the delivery as scheduled according to the time stipulated in the contract; (6) Before the completion of the project, the completed houses, structures and installed equipment shall be kept, and the site shall be cleaned; (7) Provide technical data for completion acceptance, handle project completion settlement and participate in completion acceptance; (8) During the warranty period stipulated in the contract, the contractor shall be responsible for repairing the engineering quality problems that belong to the contractor's responsibility for free. Article 8 Payment and settlement of project price 1. Within _ _ days after the signing of this contract, the Employer shall pay an advance payment of _ _ not less than the total contract price (or the investment amount of the current year), totaling RMB _ _ _ million. 2. After receiving the contractor's monthly progress report, the employer must pay the progress payment according to the verified progress within _ _ days. When the progress payment reaches _ _% of the total contract price, the advance payment (or progress payment) will be deducted in proportion. 3. When the project progress payment reaches _ _% of the total contract price, it will not be paid according to the progress. Pay _ _ _% of the price within _ _ days after the completion of the completion acceptance, and deposit _ _% of the price into the Construction Bank, and pay the principal and interest to the contractor at one time after the warranty period expires. 4. If the Employer defaults on the progress payment or the final payment of the project, it shall be handled according to the relevant provisions of the bank's overdue payment method or the "Project Price Settlement Method". 5. If the contractor stops working or slows down due to the employer's default on the project payment and poor payment of purchased materials, it shall be borne by the employer. 6. The settlement method of the project price is: (1) based on the approved construction drawing budget and change visa; (2) According to the construction drawing budget plus the lump sum coefficient, the lump sum expenses shall be settled, and the expenses outside the lump sum scope shall be settled according to _ _ _ and other relevant regulations; (3) according to the standard construction drawing unit price lump sum settlement, lump sum expenses outside the scope of settlement according to _ _ _ and other relevant regulations; (4) All-in projects without materials shall be settled according to the labor costs, machinery costs and corresponding management fees specified in the budget quota; (5) The project subject to tender shall be settled according to the bid-winning price, and the project cost beyond the bid-winning scope shall be settled according to _ _ _ and other relevant regulations. 7. The contractor shall submit the completion settlement documents to the employer and the handling bank for review within _ _ days after the completion acceptance of a single project, and the employer shall complete the review within _ _ days after receiving the settlement documents. If no objection is raised at maturity, the handling bank will allocate the funds to the undertaking bank after examination and approval. Article 9 Agreement on Liability for Breach of Contract and Reward 1. Contractor's responsibility (1) If the project quality does not meet the contract requirements, it shall be responsible for free repair or rework. If the delivery is delayed due to repair and rework, the overdue penalty shall be paid at% of the total contract price. (2) If the delivery time of the project is not in conformity with the regulations, the overdue penalty shall be paid at% of the total contract price. 2. Responsibility of the Employer (1) fails to perform its due responsibilities as stipulated in the contract. In addition to delaying the completion date, the contractor shall also be compensated for the actual losses. (2) If the project is stopped, postponed or stopped due to design changes and design errors, measures should be taken to make up for or reduce the losses, and at the same time compensate the contractor for the actual losses caused by shutdown, slowdown, rework, transshipment, relocation of personnel and mechanical equipment, and backlog of materials and components. (3) If the project has not been accepted, the Employer uses it in advance or without authorization, and the resulting quality or other problems shall be borne by the Employer. (4) If the acceptance date exceeds the date stipulated in the contract, the overdue penalty shall be _ _% of the total contract price. 3. If the Employer has requirements for the construction period in advance, an early completion award may be implemented. According to the contract period, the Employer will pay _ _% of the total contract price to the Contractor every 1 day in advance. Excellent engineering award _ _ yuan per square meter. Article 10 Settlement of Disputes In case of any dispute during the execution of this contract, both parties shall settle it through negotiation in time. If negotiation fails, if both parties belong to the same department, mediation shall be conducted by the superior competent department; If mediation fails, or both parties do not belong to the same department, either party may apply to the Economic Contract Arbitration Committee of the Administration for Industry and Commerce for arbitration, or directly bring a suit in a people's court. Article 11 Special Clauses Under special circumstances, if there are matters not covered in the terms of this contract, both parties may negotiate special clauses according to the specific circumstances and relevant regulations. Article 12 Supplementary Clauses Matters not covered in this contract shall be implemented in accordance with the Economic Contract Law of the People's Republic of China and the Regulations on the Contract of Construction and Installation Projects. Annex to the contract: (1) list of engineering projects (annex1); (2) All construction drawings; (3) Construction drawing budget; (4) List of materials and equipment supplied by the Employer (Table 2); (5) There are _ _ documents on the investment plan and plan assignment approved by the state (or the government of a province, autonomous region or municipality directly under the Central Government, the Planning Commission, the Construction Committee and other relevant units). The above annexes are an integral part of this contract and have the same legal effect. This contract shall come into effect after being signed and sealed by both parties, and shall naturally expire after the warranty period expires until the contract project is completed and accepted and the final payment of the project is settled. _ _ copies of the original contract, with _ _ copies held by the Employer and _ _ copies held by the Contractor, and submitted to the competent business department, the Administration for Industry and Commerce and China Construction Bank respectively for the record. Employer (seal) and contractor (seal) of the certificate Address: Manager: legal representative (signature): legal representative (signature): authorized agent (signature) Certificate issuing agency (seal): entrusted agent (signature). : bank of deposit: bank of deposit: account number: account number: telephone number: telephone number: postal code: signing date: signing date: signing date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _