Contract of Civil Construction/Installation （Attached Letter of Tender） Date :签署日期 CONTRACT NO. : 合同号 OWNER :业主 PROJECT :项目: WORKS OF SYNTHETIC PLANT （hereinafter called as PROJECT） 一体化项目装置工程 （下称：项目） This CON
Contract of Civil Construction/Installation （Attached Letter of Tender）
CONTRACT NO. : 合同号
PROJECT :项目: WORKS OF SYNTHETIC PLANT （hereinafter called as PROJECT）
This CONTRACT (hereinafter referred to as “CONTRACT”) is made and entered into this 20th day of
BY AND BETWEEN 由
OWNER : 业主
CONTRACTOR : 承包商
WHEREAS, CONTRACTOR has entered into a CONTRACT with the OWNER, and under which contract, has undertaken such works and services as necessary for the PROJECT and is to design and engineer, to purchase equipment and materials for and to construct and completion the WORKS.
WHEREAS, OWNER is, for the purpose of due implementation of the PROJECT, desirous of employing an experienced and capable CONTRACTOR and of letting the above mentioned WORKS to such a CONTRACTOR, which WOKRS are as described in Clause 1 “WORK TO BE PERFORM” hereof.
WHEREAS, OWNER desires that the WORKS should be executed by the CONTRACTOR, and has accepted a CONTRACTOR’s OFFER for the execution and completion of such WORKS and the remedying of any defects therein.
Now this AGREEMENT witnesses as follows: 兹就以下事项达成本协议：
1.0 Project of contract 合同项目
1.1 The WORKS are hereby let to and are undertaken by, and shall be performed and completed by the CONTRACTOR, which WORKS are as defined in the attached “SCOPE OF WORK” and “TECHNICAL DOCUMENT”.
1.2 The OWNER shall according to the terms and conditions of the CONTRACT pay the CONTRACTOR the compensation being the FIXED LUMP SUM PRICE hereunder, for the WORKS duly and faithfully performed and properly completed by the CONTRACTOR in accordance with the CONTRACT.
1.3 The CONTRACTOR shall furnish all necessary labor and supervision thereof, construction equipments, temporary facilities, equipment and materials, consumables and transportation thereof, technical and professional services, all required for the WORKS, and shall carry out all the operations necessary and required to perform and complete the WORKS in accordance with the
CONTRACT and to the reasonable satisfaction of the OWNER.
2.0 CONTRACT DOCUMENT 合同文件
2.1 The following documents shall be deemed to form and be read and constructed as part of this CONTRACT in accordance with the below Agreement descending order showing the order of precedence. descending order showing the order of precedence.
2.1.1 This AGREEMENT 本协议
2.1.2 CLARIFICATIONS & CORRESPONDENCES 澄清及通信
2.1.3 SCOPE OF WORKS 工作范围
2.1.4 CONSTRUCTION SCHEDULE 施工进度
2.1.5 CONTRACTOR’S PROPOSAL 承包商投标书
2.1.6 SITE GENERAL CONDITIONS 现场通用条件
2.1.7 CONTRACT GENERAL CONDITIONS 合同通用条件
2.1.8 TECHNICAL DOCUMENTS 技术文件
3.0 FIXED LUMP SUM PRICE AND PAYMENT TERMS 固定合同总价和付款
3.1 As the full consideration for the satisfactory performance and entire discharge by the CONTRACTOR of all of the CONTRACTOR’s duties, obligations, responsibilities and liabilities under the CONTRACT, the OWNER shall in accordance with the payment terms set forth in the CONTRACT, pay the CONTRACTOR the FIXED LUMP SUM PRICE. Agreement
3.2 The CONTRACTOR shall be deemed to have pursued and satisfied himself so far as is practicable having regard to considerations of Scope of Work, construction period, drawings, site conditions, regulation and specification before submitting his Tender, and cost increase in all respects has been estimated and included in the Tender.
3.3 The FIXED LUMP SUM PRICE shall, regardless of and change of working volume and site conditions, be firm and unchanged and subject to no escalation for the entire period until the CERTIFICATE OF ACCEPTANCE of WORKS shall have been issued by the OWNER to the CONTRACTOR.
3.4 The FIXED LUMP SUM PRICE for the CONTRACTOR is RMB ( RMB Only).
3.5 Payment Terms 付款方式
3.5.1 Down payment 预付款15%
3.5.2 Milestone Payments of 70% 进度款70%
Piling Completion 5% Process Building Foundation Completion 10% Tank Farm and Pipe Rack Completion 10% Column and Slab Completion 10% Equipment Installation Completion 10% Piping Completion 10% Instrument / Electrical Completion 10%
3.5.3 Final payment after completion of work(Mechanical Completion) -.
3.5.4 Retention- 5% in 12 months. 质保金－5％ (12个月)
4.0 INDENMNITY 保障
4.1 The CONTRACTOR agrees to assume the defense of and indemnify and hold the OWNER harmless from and against any and all claims of any nature whatsoever, and the cost and expense, including counsel fees, of defending the same, based upon or arising out of any construction, installation, services or facilities furnished by the CONTRACTOR under or in connection with this CONTRACT.
4.2 If the CONTRACTOR fails to reach each Milestone Target in fourteen (14) days in succession, the OWNER has the right to terminate the CONTRACT and choose other competent CONTRACTORS as per Clause 46 "SUSPENSION AND TERMINATION” of “CONTRACT GENERAL CONDITIONS” the ascending expenses caused hereby should be undertaken by the CONTRACTOR and the PERFORMANCE BOND shall be fully confiscated under the CONTRACT.
如承包商连续 14天未能达到任何里程碑目标，业主有权按照“合同通用条件”第 46款“暂停和终止”的规定终止合同并选择其它承包商，由此产生的额外费用由乙方承担，履约担保将被全额扣除。
5.0 SCHEDULE 进度
5.1 The CONTRACTOR shall mobilize for and perform and complete any and all parts of the WOKRS in accordance with the CONTRACT WORK SCHEUDLE or with the subsequent revision thereof, if any.
5.2 The CONTRACTOR shall clear every Milestone and Progress imposed on the CONTRACTOR under “CONTRUCTION SCHEUDLE”.
5.3 Materialize COMPLETION OF WORKS, and thereby achieve ACCEPTANCE OF WORKS.
6.0 TAXES 税收
6.1 The CONTRACTOR shall pay all national, provincial and municipal contributions and taxes, which may arise from the performance of the WORKS. This obligation shall extend to import duties, sales, license, consumption, gross receipts, documentary, stamp and other taxes applicable
to materials furnished or to the WORKS performed by the CONTRACTOR, as well as to those payroll or payment received by the CONTRACTOR. The CONTRACTOR shall indemnify the OWNER against any liability for any such taxes, contributions and premiums.
7.0 CONDUCT OF BUSINESS 业务处理
7.1 The OWNER reserves the right to terminate business and/or withhold all outstanding payments or both if there is substantial evidence indicating corrupt practices on the CONTRACTOR's part in the course of this CONTRACT.
7.2 Corrupt practices shall be defined as offering of bribes in money or kinds, Agreement commissions to employee(s) of OWNER or any other activities, which may be construed as corruption in the court of law. commissions to employee(s) of OWNER or any other activities, which may be construed as corruption in the court of law.
7.3 Drastic action of such nature shall only be exercised with concrete evidence derived from a thorough investigation carried out by OWNER.
8.0 COVENANTS 承诺
8.1 This AGREEMENT shall become effective immediately upon signing of the AGREEMENT by both parties hereto and shall continue to be in effect for the period needed for completion of the parties’ obligations hereunder, or as otherwise provided under this AGREEMENT.
8.2 In witness whereof the parties hereto, acting through their duly authorized representatives, have duly executed this AGREEMENT in two (2) originals the day and year first above written.
Signed For and on behalf of OWNER
Signed For and on behalf of CONTRACTOR
Authorized Signatory Authorized Signatory 授权签字人
Letter of Tender 投 标 信
敬启者： Dear Sirs
Having examined the documents listed in the CFB package and the various Bid Bulletins, we the undersigned offer to execute the WORKS in conformity with the said document for a sum of (insert here the bid price in letters and figures).
We undertake, if our bid is accepted, to commence the WORKS and to complete and deliver the whole of the WORKS within the time stated in the Exhibit C of the draft document.
我们在此保证： We certify that:
-We have examined and are fully familiar with all the provisions of the draft SUBCONTRACT documents,
-Our bid is fully compliant with the letter of Call for Bid,
-We have carefully reviewed the accuracy of all statements in this letter of invitation to bid and attachments hereto,
-By careful examination of the CFB and by consideration of the SITE and all conditions and matters affecting or appertaining thereto we have satisfied ourselvers as to the nature and location of all the WORKS and all other matters which can in any way affect the WORKS or the cost thereof.
By submission of this bid, we warrant that the prices in the bid have been arrived at independently, without consultation, communication, agreement or understanding for the purpose of restricting the competition, as to any matter relating to such prices, with any other BIDDER or with any competitor.
We acknowledge receipt, understand and have taken in our bid the full consideration of the Bid Bulletins listed below:
We understand that you not bound to accept the lowest or any bid that you may receive.
The rates and prices contained herein shall remain open for acceptance for a period stated in the letter for Call for Bid from the date of submittal of the bid and not subject to escalation as per SUBCONTRACT conditions.
We agree to beat all costs incurred by us in connection with the preparation and submission of this bid whether or not successful and to bear any further costs incurred by us prior to award of any SUBCONTRACT irrespective of whether such SUBCONTRACT is awarded to ourselves or not .
Unless and until a formal agreement is prepared and executed, this bid together with your written acceptance thereof shall constitute a binding SUBCONTRACT between us.
授 权 委 托 书 Letter of Entrustment
本授权委托书声明：我（姓名）系 公司（报价人名称）的法定代表人，现授权委托的代理人，以本公司的名义参加 有限责任公司一体化项目合成气装置工程的报价活动。授权委托人所签署的一切文件和处理与之有关的一切事务，我均予以承认。
I, Tian Jianjun, is the Legal Representative of SINOPEC 5th Construction Corp. With this Letter of Attorney, I hereby authorize my entrusted agent to be in for the bid for the construction of Synthetic Gas Plant, BYC IPS Project in Nanjing, China in the name of my company. I accept all documents signed by my entrusted agent, and I hereby entrust him to handle all matters related hereto.
My entrusted agent has no right of sub-entrustment.
代理人： The Entrusted Agent:
职务：副经理 Title: Deputy Manager
法定代表人： Legal Representative: Tian Jianjun
Bid price summary价格总汇
Direct Costs直接费 Work category工作类别 Man-hours(Note 1)工时
Labour cost(Note 2) 人工费 Material Cost(Note 3) 材料费 Total cost合计总价
Civil works土建工程 Underground piping works地下布管工作
Total Direct Costs(as per Price Schedule Table total)=直接费合计（根据价格计划表总计）
Indirect Costs间接费 Description Total cost总价
Applicable % of the Total Indirect Cost(1)占总间接费用的%
Supervision and indirect labour cost监理管理费
Temporary site facilities costs临设
General field expenses现场费
Construction equipment costs施工设备
Catering and camp operation costs伙食、工棚运转费
Design and engineering costs设计和工程费
Overheads and profit管理利润
Total Indirect Costs: sum(I1 to I9)单价合计
TOTAL D+I=Unit Prices Part of the SUBCONTRACT PRICED项和I项相加=分包合同价中的单价部分 4775371.62
附：单价表Unit Price Schedule
BASF-YPC Project,Syngas Plant UNDERGROUND PIPING WORKS
QUANTITIES AND PRICE SCHEDULE工作量及价格表
Trenches : part of the excavation up to 2m depth 101 m3
Trenches : part of the excavation beyond to 2m depth 102 m3 rate only 10.00
Backfill土方回填 104 m3
Excess spoil disposal多余物处理
Tip at SUBCONTRACTOR's cost分包商承担倾倒场地费用 105a m3
Tip at TECHNIP's cost德西尼布承担倾倒场地费用 105b m3 rate only
Trenches : extra cost for excavation in rocky soil /after concrete demolition
With concrete breaker /pneumatic drill采用混凝土破碎机/风镐 106a m3 rate only 55.00
With explosive采用爆破 106b m3 rate only 150.00
trenches under roads : extra cost on 101 and 102 107 m3
reconstruction of road 108 m3 rate only 道路重建
Carbon Steel Externally coated (FW) (installation only) 防腐碳钢管(FW)(仅安装)