1、BOEOT B1 PROJECT CONDITIONS OFBEIJING,CHINA TENDERFIRE PROTECTION SUBCONTRACT WORKS FORM OF TENDER BONDBy this Tender Bond we _ whose registered office is at (hereinafter called “the Tender”)and_ whose registered office is at _ (hereinafter called”the Sureties”)are held and firmly bound unto the(her
2、einafter called”the Employer”) in the sum of RMB _(RMB _)for the payment of which sum the Tenderer and the Sureties bind themselves their successors and assignees jointly and severally by these present.Sealed with our respective seals and dated this_ day of _ 2004Whereas(1) The Employer has invited
3、the Tenderer and other persons to complete Tenders in similar terms for carrying out works (hereinafter called”the Works”)and to submit the same for consideration by the Employer.(2) The Tenderer herewith submits to the Employer a proposal(hereinafter called”the Tender”)in accordance with such invit
4、ation and has agreed by the above written Tender Bond to provide security for the due performance by him of the undertaking and obligations in the Tender on his part contained therein.Now the conditions of the above written Tender Bond are such that:(a)If the Tender is accepted by the Employer withi
5、n 2 months from the _day of _.2004and the tenderer shall provide a surety or sureties in accordance with Clause 13of the Conditions of Tender,or.(b)If the Tender is not accepted by the Employer within 2 months from the _ day of _ .2004or if before the expiration of that period of 2 months a Tender f
6、rom another person for carrying out the Works shall have been accepted by the Employer and that person shall have provided a surety in accordance with this undertaking in accordance with Clause 13 of the Conditions of Tender then this obligstion shall be null and void but otherwise shall be and rema
7、in in full force and effect but no alteration in forgiveness in or in respect of any matter or thing concerning the Tender on the part of the Employer shall in any way release the Surety from any liability under the above written Tender Bond.BOEOT B1 PROJECT CONDITIONS OFBEIJING,CHINA TENDERFIRE PRO
8、TECTION SUBCONTRACT WORKS FORM OF TENDER BOND(Contd)We further agree,in the event of our failure to execute such Subcontract within fifteen(15)days of its being left for execution at the address given below,that any acceptance of this Tender may be revoked bu the Employer without prejudice to any ot
9、her rights or remedies which he may have in respect of such failure.Dated this _ day of _ 2004.Signed: _ Signed: _On behalf of : _ On behalf of : _ Address: _ Address: _Signed: _ Signed: _On behalf of : _ On behalf of : _Address: _ Address: _ _ _BOEOT B1 PROJECT FORM OF TENDERBEIJING,CHINA FIRE PROT
10、ECTION SUBCONTRACT WORKS FORM OF TENDER forFIRE PROTECTION SUBCONTRACT WORKS forBOEOT B1 PROJECTatBLOCK55,BEIJING ECONOMIC-TECHNOLOGICALDEVELOPMENT AREA,CHINAforBEIJING BOE OPTOELECTRONICS TECHNOLOGYCO,LTDFrom.DateNOTE:(1)If a tender is being submitted by a partnership or an unincorporated body, the
11、 name and residential address of all partners should be given in the spaces provided below.(2)In all cases,the tender must give the number and date of their business registration certificate here:Number Date .To:BEIJING BOE OPTOELECTRONICS TECHNOLOGY CO,LTDNO.10Jiuxiangiao Road,Chaoyang District,Bei
12、jing,100016China1. I/We,having inspected the site and examined the Tender DocumentsClause 1 of the Conditions of Tender,for the Fire Protection Subcontract Works for BOEOT B1 Project at Block 55,Beijing Economic-Technological Development Area The Subcontract Works,do hereby offer to execute,complete
13、 and maintain the whole of The Subcontract Works all in accordance with the Tender Documents.BOEOT B1 PROJECT Form of TenderBEIJING,CHINA FIRE PROTECTION SUBCONTRACT WORKS FORM OF TENDER(Contd) for the sum of Ren Min Bi(RMB)or such sums as may be ascertained in accordance with the Conditions given i
14、n the Tender Documents.2. I/We undertake if my/our tender is accepted to commence the Subcontract Works within weven(7) days of receipt of the Engineers order to commence and to complete the Subcontract Works comprised in the Tender Documents within the period as stated in the Tender Documents.3. I/
15、We agree to abide by this Tender for a period of 60 days from the date fixed for receving the same and it shall remain binding upon me/us and may be accepted at any time before the expiration of that period.4. Unless and until the Subcontract is prepared and executed thes Tender together with your w
16、ritten acceptance thereof by the Engineer on behalf of the Employer or with written acceptance thereof by the Main Contractor, subject to the provision of Clause 3 hereof, shall constitute a binding contract.5. I/We understand that you are not bound to accept the lowest or any Tender.(Signature page
17、 follows)BOEOT B1 PROJECT Form of TenderBEIJING,CHINA FIRE PROTECTION SUBCONTRACT WORKS FORM OF TENDER(Contd)SignatureIn the capacity of.Duly aothorized to sign tenders for and on behalf of Registered address of firm. Signature of Witness Name&Block Letters.AddressOccupation.Name of Partners Residen
18、itial Address of Partners. . *In the case of a limited company,insert name of company. In the case of a partnership or unincorporated body,the names of all partners must be inserted.BOEOT B1 PROJECT BEIJING,CHINA FIRE PROTECTION SUBCONTRACT WORKS FORM OF PERFORMANCE SECURITYAddress:Sir,Whereas our c
19、lient Messrs_(hereinafterCalled”the Subcontractor”)have entered into a Sub-Contract known as Contract No._(herniafter called”the Sub-Contract”)with the _(hereinafter called”the Employer”)on behalf of the Contractor to be appointed by the Employer for the _(hereinafter called”the Works”)and the Sub-C
20、ontract requires the provision of a performance security by the Employer on behalf of the Contractor.Now therefore we, (hereinafter called “the Surety”)are held and firmly bound unto the Employer in a sum not exceeding RMB(RMB )for the payments of which sum we bind ourselves and our assignees by the
21、se present.Now the condition of the above written Bond is such that if the Subcontractor fails to perform and observe all the terms,provisions,conditions and stipulations of the said Sub-Cntract on the Subcontractors part to be performed and observed according to the true purport intent and meaning
22、thereof or if on default by the Subcontractor,the Surety shall satisfy and discharge the damages or losses and shall pay all costs,expenses or otherwise sustained by the Main Contractor the damages or losses and shall pay all costs,expenses or otherwise sustained by the Employer thereby up to the am
23、ount of the above-wtitten Bond on the Contractors first return demand notwithstanding any contesing or protest by the Subcontractor or by the Surety or by any other third party and shall pay all costs,expenses or otherwise shall be and remain in full force and effect but no alteration in terms of th
24、e said Sub-Contract made by the Agreement between the Main Contractor and the Subcontractor or in the extent or nature of the Works to be executed and maintained thereunder and no allowance of time by the Contractor under the said Sub-Contract nor any forbearance or forgivenessin or in respect of an
25、y matter or thing concerning the said Subcontractor on the part of the Contractor shall in any ways release the Surety from any liability under the above written Bond.The Surety shall not be discharge or released from this Guarantee by any arrangement between.BOEOT B1 PROJECT BEIJING,CHINA FIRE PROT
26、ECTION SUBCONTRACT WORKSThe Subcontractor and the Contractor with or without the consent of the Surety or by any alteration in the obligations undertaken by the Subcontractor or by any forbearance whether as to payments,time,performance or otherwise,but the Surety shall be entitled to be informed of
27、 such arrangements or alteration.This Bond shall be irrevocable and shall remain in force and effect untilthe expiry date of the Maintenance Period of Main Contract Works stated in the said Sub-Contract computed from the date of completion of the Works or any authorized extension thereofor( )month f
28、rom the Commencement Date of Sub-Contract Worksclaims,if any must be received by the Surety within the validity periods of the Bond.Given under our hand the date mentioned above.Signed ,sealed and delivered By the said Surety in the Presence of Name: _Designation : _Witness : _Name : _ Bankers Seal:
29、 _Designation : _BOEOT B1 PROJECT SPECIFICATIONBEIJING,CHINA PRELIMINARIESFIRE PROTECTION SUBCONTRACT WORKSPRELIMINARIES(Contd)15.0 Main Contract Conditions15.01 The Subcontractor shall be deemed to have had notice of all Main Contract Conditons except the prices of the Main Contractor.Documens desc
30、ribing the Main Contract Conditions may be seen at the office of the Engineer during normal office hours.15.02 The Main Contract Conditions shall include but in no way be limited to the Part of the FIDIC”Conditions of Contract for Works of Civil Engineering Construction,Fourth Edition 1987 reprinted
31、 1992 with further amendments.and Special Conditions of Conditions of Contract as adapted by the Employer and the Main Contracor which form part of the Main Contract.15.03 The Subcontractoe shall comply with all the provisions of the said Schedule of Conditions including any amendments thereto descr
32、ibed in other Main Contract Conditions insofar as they apply to the Subcontract Works and are not inconsistent with the express provisions of the Subcontract.16.0 Appendix to the Conditions of Main ContractThe following particulars have been inserted in the Appendix to the Conditions of Main Contrac
33、t and/or the Letter of Acceptance of the Main Contract:Sub-clauseAmount of security(if any)10.1 Ten per cent of the Contract Price _Minimum amount of third part 23.2 RMB5000000000 per occurrence,with theInsurance number of occurrence unlimitedTime for issue of notice to commence 41.1 seven daysTime
34、for Completion from 43.1 Commencement Key Date(i)RC structure of Waffle(Column&beam) in Clean room100daysKey DATE(ii)Whole RC structure of FABIncluding light weight concrete roof slab 118daysKey Date(iii)Finish including Clean Room except External Works234daysDate(iv)Completion of remaining works+31
35、daysDate(v)Completion of Main Contract Works265daysBOEOT B1 PROJECT SPECIFICATIONBEIJING,CHINA PRELIMINARIESFIRE PROTECTION SUBCONTRACT WORKSPRELIMINARIES(Contd)16.0 Appendix to the Conditions of Main Contract(Contd)Amount of liquidated damages 47.1 For Key Date(i)-RMB￥4000000 per dayFor Key Date(ii
36、)RMB￥900000per dayFor Key Date(iii)RMB￥25900000per dayFor Key Date(iv)RMB￥1000000per dayFor Key Date(v)-RMB￥31800000per dayLimit of liquidated damage 47.1 N/A percent_Defects Liability Period 49.1 365days_Percentage for adjustment of 59.4(c) N/A percentProvisional SumsPercentage of invoice value of
37、listed 60.1(c) N/A percentMaterialsPercentage of Retention 60.2 40%_Limit of Retention 60.2 N/AMoney_Release of Retention Money 60.12 20% Upon the issue of the Taking-OverCertificate15% Monthly 2.5% for six months after the date of the issue of the Taking-OverCertificate5% Upon the expiration of the DefectsLiability certificateMinimum Amount of Interim 60.2 N/ACertificateRate of interest upom unpaid sums 60.10 N/A percentInitial of Signatory of Tender
