建筑專業(yè)畢業(yè)外文翻譯---施工交鑰匙工程合同條件

1、<p>　　畢業(yè)設(shè)計(jì)（論文）英文資料翻譯</p><p>　　英文資料題目（英文）Conditions of contract for EPC/Turnkey Project </p><p>　　英文資料題目（中文）施工/交鑰匙工程合同條件 </p><p>　　學(xué) 號(hào)

2、 </p><p>　　學(xué)生姓名 </p><p>　　專業(yè)班級(jí) </p><p>　　指導(dǎo)教師 </p>

3、<p>　　2011年 5 月 20 日</p><p>　　Conditions of contract for EPC/Turnkey Project</p><p>　　5.General Design Obligations</p><p>　　5.1 The Contractor </p><p>　　The Contra

4、ctor shall be deemed to have scrutinized, prior to the Base Date, the Employer’s Requirements (including design criteria and calculations, if any). The Contractor shall be responsible for the design of the Works and for

5、the accuracy of such Employers Requirements (including design criteria and calculations), except as stated below.</p><p>　　The Employer Shall not be responsible for any error, inaccuracy or omission of any k

6、ind in the Employer’s Requirements as originally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated below. Any data

7、or information received by the contractor, from the Employer or otherwise, shall not relieve the contractor from his responsibility for the design and execution of the Works.</p><p>　　However, the Employer s

8、hall be responsible for the correctness of the following portions of the Employer’s Requirements and of the following data and information provided by (or on behalf of) the Employer:（a） portions, data and information whi

9、ch are stated in the Contract as being immutable or the responsibility of the Employer （b） definitions of intended purposes of the Works or any parts thereof,（c） criteria for the testing and performance of the completed

10、Works, and（d） portions, data and info</p><p>　　5.2 Contractor’s Documents</p><p>　　The Contractor’s Documents shall comprise the technical documents specified in the Employer’s Requirements, doc

11、uments required to satisfy all regulatory approvals, and the documents described in Sub-Clause 5.6 [As-Built Documents] and Sub-Clause5.7 [Operation and Maintenance Manuals].Unless otherwise stated in the Employer’s Requ

12、irements, the Contractor’s Documents shall be written in the language for communications defined inThe Contractor shall prepare all Contractor’s Documents, and shall als</p><p>　　The Employer may within the

13、review period, give notice to the Contractor that a Contractor’s Document fails (to the extent stated) to comply with the Contract. If a Contractor’s Document so fails to comply, it shall be rectified, resubmitted and re

14、viewed in accordance with this Sub-Clause, at the Contractor’s cost.</p><p>　　For each part of the Works, and except to the extent that the Parties otherwise agree:</p><p>　?。╝）execution of such

15、 part of the Works shall be in accordance with these Contractor’s Documents, as submitted for review; and（b） if the Contractor wishes to modify any design or document which has previously been submitted for review, the C

16、ontractor shall immediately give notice to the Employer. Thereafter, the Contractor shall submit revised document to the Employer in accordance with the above procedure.Any such agreement (under the proceeding paragraph)

17、 or any review (under this Sub-Clause or</p><p>　　5.3 Contractor’s Undertaking</p><p>　　The Contractor undertakes that the design, the Contractor’s Documents, the execution and the completed wor

18、ks will be in accordance with:（a） the Laws in the Country, and（b） the documents forming the Contract, as altered or modified by Variations.</p><p>　　5.4 Technical Standards and Regulations</p><p&g

19、t;　　The design, the Contractor’s Document, the execution and the completed Works shall comply with the country’s technical standards, building, construction and environmental Laws, Laws applicable to the product being pr

20、oduced from the Works, and other standards specified in the Employer’s Requirements, applicable to the Works, or defined by the applicable Laws.</p><p>　　All these Laws shall, in respect of the Works and eac

21、h Section, be those prevailing when the Works or Section are taken over by the Employer under Clause 10 [Employer’s Taking Over]. References in the Contract to published standards shall be understood to be references to

22、the edition applicable on the Base Date, unless stated otherwise.</p><p>　　If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall give notice to the E

23、mployer and (if appropriate) submit proposals for compliance. In the event that:（a） the Employer determines that compliance is required, and（b） the proposals for compliance constitute a variation, then the Employer shall

24、 initiate a Variation in accordance with Clause 13 [Variations and Adjustments].</p><p>　　5.5 Training</p><p>　　The Contractor shall carry out the training of Employer’s Personnel in the operati

25、on and maintenance of the Works to the extent specified in the Employer’s Requirements. If the Contract specifies training which is to be carried out before taking-over under Sub-Clause 10.1[Taking-Over of the Works and

26、Sections] until this training has been completed.,</p><p>　　5.6 As-Built Documents</p><p>　　The Contractor shall prepare, and keep up-to-date, a complete set of “as-built” records of the executi

27、on of the Works, showing the exact as-built locations, sizes and details of the work as executed. These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. Two copies shal

28、l be supplied to the Employer prior to the commencement of the Tests on Completion.</p><p>　　In addition, the Contractor shall supply to the Employer as-built drawings of the Works, showing all Works as exec

29、uted, and submit them to them to the Employer for review under Sub-Clause 5.2[Contractor’s Documents]. The Contractor shall obtain the consent of the Employer as to their size, the referencing system, and other relevant

30、details.</p><p>　　Prior to the issue of any Taking-over Certificate, the Contractor shall supply to the Employer the specified numbers and types of copies of the relevant as-built drawings, in accordance wit

31、h the Employer’s Requirements.</p><p>　　The Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1[Taking Over of the Works and Sections] until the Employer has r

32、eceived these documents.</p><p>　　5.7 Operation and Maintenance Manuals</p><p>　　Prior to commencement of the Tests on Completion, the Contractor shall supply to the Employer provisional operati

33、on and maintenance manuals in sufficient detail for the Employer to operate, maintain, dismantle, reassemble, adjust and repair the Plant.</p><p>　　The Works shall not be considered to be completed for the p

34、urposes of taking-over under Sub-Clause 10.1[Taking-Over of the Works and Sections] until the Employer has received final operation and maintenance manuals in such detail, and any other manuals specified in the Employer’

35、s Requirements for these purposes.</p><p>　　5.8 Design Error</p><p>　　If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor’s Documents, t

36、hey and the Works shall be corrected at the Contractor’s cost, notwithstanding any consent or approval under this Clause.</p><p>　　6 Staff and Labour</p><p>　　6.1 Engagement of Staff and Labour&

37、lt;/p><p>　　Except as otherwise stated in the Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labour, local or otherwise, and for their payment, housing, feed

38、ing and transport.</p><p>　　6.2 Rates of Wages and Conditions of Labour</p><p>　　The Contractor shall pay rates of wages, and observe conditions of labour, which are not lower than those establi

39、shed for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general leve

40、l of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.</p><p>　　6.3 Persons in the Service of Employer</p><p>　　The Contractor shal

41、l not recruit, or attempt to recruit, staff and labour from amongst the Employer’s Personnel.</p><p>　　6.4 Labour Laws</p><p>　　The Contractor shall comply with all the relevant labour Laws appl

42、icable to the Contractor’s Personnel, including Laws relating to their employment, health, safety, welfare, immigration and emigration, and shall allow them all their legal rights.The Contractor shall require his employe

43、es to obey all applicable Laws, including those concerning safety at work.</p><p>　　6.5 Working Hours</p><p>　　No work shall be carried out on the Site on locally recognized days of rest, or out

44、side normal working hours, unless:（a） otherwise stated in the Contract,（b） the Employer gibes consent, or（c） the work is unavoidable, or necessary for the protection of life or property or for the safety of the Works, in

45、 which case the Contractor shall immediately advise the Employer.</p><p>　　6.6 Facilities for Staff and Labour</p><p>　　Except as otherwise stated in the Employer’s Requirements, the Contractor

46、shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirem

47、ents.The contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.</p><p>　　6.7 Health an

48、d Safety</p><p>　　The Contractor shall at all time take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel. In collaboration with local health authorities, the Contrac

49、tor shall ensure that medical staff, first aid facilities, sick bay and ambulance service are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel, and that suitable arran

50、gements are made for all necessary welfare and hygiene requirements and for the prevention </p><p>　　The Contractor shall send, to the Employer, details of any accident as soon as practicable after its occur

51、rence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Employer may reasonably require.</p><p>　　6.8 Contractor’s Super

52、intendence</p><p>　　Throughout the design and execution of the Works, and as long thereafter as is necessary to fulfill the contractor’s obligations, the Contractor shall provide all necessary superintendenc

53、e to plan, arrange, direct, manage, inspect and test the work.</p><p>　　Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications (defined

54、in Sub-Clause 1.4[Laws and Language]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactor

55、y and safe execution of the Works.</p><p>　　6.9 Contractor’s Superintendence</p><p>　　The Contractor’s Personnel shall be appropriately qualified, skilled and experienced in their respective tra

56、des or occupations. The Employer may require the contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative if applicable, who:（a） persists in any mi

57、sconduct or lack of care,（b） carries out duties incompetently or negligently,（c） falls to conform with any provisions of the Contract, or（d） persists in any conduct which i</p><p>　　6.10 Records of contracto

58、r’s Personnel and Equipment</p><p>　　The Contractor shall submit, to the employer, details showing the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment on the Site. D

59、etails shall be submitted each calendar month, in a form approved by the Employer, until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate

60、 for the Works.</p><p>　　6.11 Disorderly Conduct</p><p>　　The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst t

61、he Contractor’s Personnel, and to preserve peace and protection of persons and property on and near the Site.</p><p>　　7 Plant, Materials and Workmanship </p><p>　　7.1 Manner of Execution</p&

62、gt;<p>　　The Contractor shall carry out the manufacture of Plant, the production and manufacture of Materials, and all other execution of the Works:（a） in the manner (if any) specified in the Contract,（b） in a pro

63、per workmanlike and careful manner, in accordance with recognized good practice, and（c） with properly equipped facilities and non-hazardous Materials, except as otherwise specified in the Contract.</p><p>　　

64、7.2 Samples</p><p>　　The Contractor shall submit samples to the Employer, for review in accordance with the procedures for Contractor’s Documents described in Sub-Clause 5.2 [Contractor’s Documents], as spec

65、ified in the Contract and at the Contractor’s cost. Each sample shall be labelled as to origin and intended use in the Works.</p><p>　　7.3 Inspection</p><p>　　The Employer’s Personnel shall at a

66、ll reasonable times:（a） natural Materials are being obtained, and have full access to all parts of the Site and to all places from which（b） during production, manufacture and construction (at the Site and, to the extent

67、specified in the Contract, elsewhere), be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of manufacture of Plant and production and manufacture of Materials.</p

68、><p>　　The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities, including providing access, facilities, permissions and safety equipment. No such activity shall relieve

69、 the Contractor from any obligation or responsibility. safety equipment. No such activity shall relieve the Contractor from any obligation or responsibility. In respect of the work which Employer’s Personnel are entitled

70、 to examine, inspect, measure and/or test, the Contractor shall give notice t</p><p>　　7.4 Testing</p><p>　　This Sub-Clause shall apply to all tests specified in the Contract, other than the Tes

71、ts after Completion (if any).The Contractor shall provide all apparatus, assistance, documents and other information, electricity, equipment, fuel, consumables, instruments, labor, materials, and suitably qualified and e

72、xperienced staff, as are necessary to carry out the specified tests efficiently. The Contractor shall agree, with the Employer, the time and place for the specified testing of any Plant, Materia</p><p>　　If

73、the Contractor suffers delay and/or incurs Cost from complying with these instructions or as a result of a delay for which the Employer is responsible, the Contractor shall give notice to the Employer and shall be entitl

74、ed subject to Sub-Clause 20.1 [Contractor’s Claims] to:（a） an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 [Extension of Time for Completion], and（b） payment of any such

75、 Cost plus reasonable profit, which shall be </p><p>　　added to the Contract Price.After receiving this notice, the Employer shall proceed in accordance with Sub-Clause3.5 [Determinations] to agree or determ

76、ine these matters.The Contractor shall promptly forward to the Employer duly certified reports of the tests. When the specified tests have been passed, the Employer shall endorse the Contractor’s test certificate, or iss

77、ue a certificate to him, to that effect. If the Employer has not attended the tests, he shall be deemed to have accepted the rea</p><p>　　7.5 Rejection</p><p>　　If, as a result of an examination

78、, inspection measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the Contract, the Employer may reject the Plant, Materials, design or workmans

79、hip by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the defect and ensure that the rejected item complies with the Contract.If the Employer requires this Plant, Materials, d

80、esign or workmanship to be </p><p>　　7.6 Remedial Work</p><p>　　Notwithstanding any previous test or certification, the Employer may instruct the Contractor to:（a） remove from the Site and repla

81、ce any Plant or Materials which is not in accordance with the Contract,（b） remove and re-execute any other work which is not in accordance with the Contract, and（c） execute any work which is urgently required for the saf

82、ety of the Works, whether because of an accident, unforeseeable event or otherwise.If the Contractor fails to comply with any such instruction, which </p><p>　　7.7 Ownership of Plant and Materials</p>

83、<p>　　Each item of Plant and Materials shall, to the extent consistent with the Laws of the Country, become the property of the Employer at whichever is the earlier of the following times, free from liens and other

84、 encumbrances:（a） when it is delivered to the Site;（b） when the Contractor is entitled to payment of the value of the Plant and Materials under Sub-Clause 8.10 [Payment for Plant and Materials in Event of Suspension].<

85、;/p><p>　　7.8 Royalties</p><p>　　Unless otherwise stated in the Employer’s Requirements, the Contractor shall pay all royalties, rents and other payments for:（a） natural Materials obtained from out

86、side the Site, and（b）the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Co

87、ntract.</p><p>　　8 Commencement, Delays and Suspension</p><p>　　8.1 Commencement of Works </p><p>　　Unless otherwise stated in the Contract Agreement: （a） the Employer shall give th

88、e Contractor not less than 7 days’notice of the Commencement Date; and （b） the Commencement Date shall be within 42 days after the date on which the Contract comes into full force and effect under Sub-Clause 1.6 [Contrac

89、t Agreement]. The Contractor shall commence the design and execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then proceed with the Works with due expe</p><p>

90、　　8.2 Time for Completion </p><p>　　The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including:（a

91、） achieving the passing of the Tests on Completion, and （b） completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking-over

92、under Sub-Clause 10.1 [Taking Over of the Works and Sections]. </p><p>　　8.3 Programme </p><p>　　The Contractor shall submit a time programme to the Employer within 28 days after the Commencemen

93、t Date. The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor’s obligations. Unless otherwise stated in the Contract, each progra

94、mme shall include: （a） the order in which the Contractor intends to carry out the Works, </p><p>　　including the anticipated timing of each major stage of the Works, （ b） the periods for reviews under Sub-Cl

95、ause 5.2 [Contractor’s Documents],（c） the sequence and timing of inspections and tests specified in the Contract, and （d） a supporting report which includes:（i） a general description of the methods which the Contractor i

96、ntends to adopt for the execution of each major stage of the Works, and （ii）the approximate number of each class of Contractor’s Personnel and of each type of Contractor’s </p><p>　　8.4 Extension of Time for

97、 Completion </p><p>　　The Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-C

98、lause 10.1 [Taking Over of the Works and Sections] is or will be delayed by any of the following causes: （a） a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause 13.3 [Variation P