国际工程合同管理程序指南-第九节
第九节 开工前活动
一般在承包商正式开工前，业主，咨询师和承包商以及其它相关单位会召开一次启动会议（Pre-construction meeting），启动会议的目的是业主、咨询师与承包商在施工活动的具体开展上有统一的认识。有些时候，启动会议会和授标前的会议会合并在一起进行。
启动会议一般要注意一些方面的事项（会议日程的范例如表9.1所示）：
1. 启动会议应该在承包商开始准备活动之前进行
2. 要提前向承包商提供一份会议日程
3. 会议组织者需要介绍每一方参与者的具体工作内容
4. 要记录所有的参加会议者。
5. 一般由业主/咨询师准备会议纪要并发给承包商。会议纪要中一般要包含需要接下来需要实施的活动和对应实施方，并要尽可能做到没有遗留问题。
6. 一般咨询师在开工前需要发一份启动信（kick off letter）给承包商，信函中一般是概要地列出对于合同实施的期望，以及合同中的一些重要事项。Kick off letter的示例如表9.2所示）
7. 如果需要的话，还需要给相关部门发一份动员通知，通知其承包商将要开始准备活动。
Pre-Construction Meeting Agenda 表9.1
Contract:
Contractor:
I. Introduction and Background
A. Meeting purpose
B. Introductions
II. Organization
A. Yours
B. Contractor
C. Authorized representatives
1. Yours
2. Contractor
III. Safety and Health
A. Your policy
B. Contractor Safety Action Plan
C. First aid
D. Fire protection and prevention
E. Sanitation and housekeeping
F. Review contractor’s proposed usage of hazardous materials
G. Hazardous Material handling and disposal
H. Citations
I. Drug Testing/Fitness for Duty (as applicable)
IV. Environmental
A. Your Policy
B. Contractor Environmental Control Plan
C. Environmental permit requirements
D. Hazardous waste generation and management
E. Asbestos inspection and notification
F. Compliance monitoring
V. Construction
A. Scope
B. Facilities and equipment furnished by you, owner and contractor
C. Permits and Environmental Impact Statement
D. Work coordination
E. Quality control and inspection
VI. Labor Relations
A. Pre-job conference
B. Craft access
C. Project Labor Agreement
D. Job Rules
E. Daily Force Report
F. Reporting disputes
G. Badging
H. Work assignments
I. Jurisdictional procedures (disputes/grievances)
VII. Construction Schedule and Progress Reporting
A. Project/construction schedule
- Initial submittal and requirements for approval
- Periodic updates
B. Manning curves
C. Contractor-furnished equipment and material (schedule and coordination)
D. Four-week rolling schedule
E. Progress review meetings
F. Coordinating work areas with others
G. Coordination meetings
VIII. Quality Assurance/Quality Control/Quality Surveillance
A. Contractor responsibilities
B. Your/Owner roles
C. Offsite QA/QC
D. Pre-fabrication submittal requirements
IX. Drawings
A. Design drawings and their distribution
B. Drawing control
C. Contractor drawing submittals, approvals and schedules
X. Other Submittals
A. Fabrication procedures, if required
B. Construction procedures
C. QA/QC procedures
D. Health and Safety Plan
XI. Contract Management
A. Correspondence
1. Addressee
2. Control and distribution
3. Requirement for sequential serialization
4. Formal notices
B. Contract Change Procedures
1. Directed Changes (Authorized)
2. Notice Requirements and Constructive Changes (risk of proceeding without authorization)
3. Discovery of potential errors, omissions and ambiguities and required notifications
4. Cost records – all changes
5. Proposal requirements
6. Duty to proceed
7. Dispute resolution
8. Claim submittal requirements
C. Insurance and Bonds -contractor submittals
D. Payments
1. Progress payment schedule
2. Progress measurement and approval
3. Invoice and Certificates of Payment
4. Submittals required prior to payment
(See Mobilization Payment Checklist in Section 5.3)
5. Force Account Work
E. Backcharges
1. Notices
2. Procedure
3. Performance
F. Ethics and Conduct
1. Conflicts of Interest
2. Gifts
G. Warranty Procedures
H. Project Schedule Reviews and Coordination Meetings
I. Contract Close-out Procedures
Kickoff Letter to Contractor 表9.2
To: Date:
Subject: COMPANY JOB NO.______________________ CONTRACT NO.______________________
KICKOFF LETTER
Sirs:
We are pleased to be working on this project with you and look forward to a mutually beneficial relationship. To ensure that this relationship is a positive one and to avoid any future misunderstandings, we have listed below some of the more important and sometimes overlooked contract articles. Although every provision of the contract is significant, we want to call your particular attention to the following:
[Use project article numbers and titles and include clauses which should be highlighted for this particular contract.]
Authorized Representatives
A letter designating the contractor’s authorized representative and scope of authority should be submitted to the company prior to the start of construction
Permits
The contractor should review this article and confirm that all required permits, licenses and certifications have been obtained prior to the start of construction, and that all permit conditions are satisfied, prior to, during or after construction.
Labor, Personnel and Work Rules
This provision establishes the contractor’s obligation to comply with project labor agreements and provides the basis for settling jurisdictional disputes. It also establishes the company’s right to remove unacceptable personnel.
Publicity
Prior written permission is required from the company for any Advertising announcements, photographs and videos or release of any information regarding the contract or Project.
Safety & Health
The contractor must comply with the requirements of the company’s Safety & Health Plan and shall have sole responsibility to implement its own Safety and Health Program. Please appoint a Safety & Health Representative for your work and inform the company of your designation in writing.
Environmental Requirements
This provision emphasizes the contractor’s obligation to comply with environmental laws, regulations and practices to minimize adverse impact to the site, personnel on the site and adjacent environmentally a copy of your Environmental Control Plan prior to commencing works.
Changes
This provision establishes the mechanism for change. A clear understanding and adherence to this provision from the onset of the project is of great importance.
Assignments and Subcontracts
Prior written approval from the company is required before the contractor assigns the contract or enters into any subcontracts for the performance of work related to this contract.
Insurance
All insurance requirements must be met before mobilization. A review of the contractor’s coverage with the company representative is required.
Commencement, Progress and Completion of the Work
The contractor will be required to furnish the resources necessary to meet contract milestones. Progress meetings and schedule submittals will be utilized to monitor this progress. The company has the right to direct the contractor to take corrective action to restore progress to meet the schedule.
Contract Schedule
A detailed CPM contract is to be submitted within thirty (30) days of contract award and is therefore due on or before. The progress reports specified in this article will be required as stated.
Measurement for Payment
The contractor should review this article carefully. An early meeting with the company to ensure a thorough understanding and complete compliance with this article is suggested. The company will supply the correct forms and review the proper invoicing procedures.
The provisions of the contract relating to changes will be strictly observed. Insofar as possible, changes will be covered by Change Order prior to execution of the work, but if the demand of time or the nature of the work makes that impossible, the company may issue written instructions (Change Notices) to proceed with the change. Any such work undertaken without such written instructions will be at your own risk and any resulting charges may not be allowed. Change Orders will be issued only for work authorized by the company. This policy will be firmly enforced and all invoices for work not covered by the contract or by
Change Orders will be returned unpaid.
All correspondence you receive from the company will carry sequential serial numbers. Please ensure that all letters which you send to the company are likewise numbered. All correspondence to and from the company will be required to be identified with the contract number, be dated, and carry a unique sequential serial number. Letter logs will be exchanged on a monthly basis to ensure no letters have been lost or misplaced.
For example:
Letters To:
Letters To: Company (Contract No.)
_____________________ [Contracts representative] has been assigned for your portion of this project. [Contracts representative] will work with your field supervisory personnel and will be your primary contact with respect to construction procedures and technical compliance. When you encounter field problems that require our assistance, please bring them to the attention of [Contracts representative]. We expect that with the help of [Contracts Representative] you will be able to resolve such problems, but if any should persist, please feel free to contact me.
We will require [three] copies of all correspondence from your designated representative which shall be addressed to the attention of the. _____________________
If we can otherwise assist you in any way, do not hesitate to call on us. We feel that your success will be our success and we will extend our cooperation and assistance to the fullest degree possible.
Very truly yours,
