Civil engineering international competitive bidding contract four

Chapter V General Obligations

8.1 General responsibility of the contractor

The contractor shall, in accordance with the provisions of the contract, design, construct and complete the engineering and maintenance defects with due care and diligence. The Contractor shall provide all the supervisors, labor services, materials, machinery, contractor's equipment and all other items necessary for the design, construction, completion and maintenance of the project in accordance with the contractual provisions or according to reasonable inferences.

8.2 Site construction and construction methods

The Contractor shall be fully responsible for the suitability, stability and safety of the entire site construction and construction methods. However, it is stipulated that, except as stated below or otherwise agreed, the contractor is not responsible for the design or specification of the permanent project or for the design or specification of the temporary works not established by the contractor. If the contract expressly stipulates that some permanent works are designed by the contractor, the contractor shall be fully responsible for this part of the project even if approved by the engineer.

8.3 Incorrect notification

The Contractor shall promptly notify the Engineer of any errors, omissions, errors and defects in the engineering design or technical specifications discovered during the review of the Contract File and the construction process.

9. Contract agreement

If invited to sign a contract, the contractor shall agree to sign and perform the contractual agreement in the form attached to the conditions, and the costs of the preparation and signing of the agreement shall be borne by the owner.

10.1 Performance bond

The contractor shall provide the performance bond to the owner for the appropriate performance contract within 28 days after receiving the notice of winning the bid. The performance bond may be in the form of bank guarantee, standby letter of credit or contract guarantee, and the contractor shall choose the second place. Partial special clause insertion table specifies the percentage of the contract price of the performance bond;

Bank guarantees or standby letters of credit should be opened by the following banks:

a bank operating within the territory of the People's Republic of China;

a foreign bank through a bank that operates within the territory of the People's Republic of China; or

Foreign banks accepted by the owners through the Bank of China, or

The People’s Insurance Company of China provides a contractual guarantee or is provided by a foreign insurance company or guarantee company through the People’s Insurance Company of China.

10.2 Validity period of performance bond

The performance bond shall be valid until the contractor has performed and completed the construction and the defect maintenance period.

After issuing the defect liability certificate in accordance with paragraph 62.1, the performance bond shall not be claimed again, and the performance bond shall be returned to the contractor within 14 days after the certificate is issued.

11.1 Site visit

Before the contractor submits the tender, the owner shall provide the contractor with the following conditions of the hydrological and surface conditions obtained by the owner or the owner's representative in accordance with the investigation of the project. The Contractor shall be solely responsible for the interpretation of such information. Before the contractor submits his bid, it shall be deemed to have inspected and inspected the site and its surroundings and related data, and is satisfied with the following:

The formation and nature of the site, including conditions below the surface;

Hydrological and climatic conditions;

The scope and nature of the materials and work required to construct, complete, and repair defects;

The way in and out of the site and the accommodation and accommodation conditions that the contractor may need. Moreover, it is generally considered that the undertaker has obtained all necessary information about the risk accidents and all other circumstances that may affect or contribute to the bid as described below.

The contractor shall be deemed to have based on the information provided by the owner and the inspection and inspection of the site by the contractor.

11.2 Acquisition of data

The data provided by the owner in accordance with the provisions of No. 11.1 shall be deemed to include the data listed in the terms of the contract, and the data provided by the owner shall be stated in the “Special Terms Insertion Form” in Part II of these Conditions. The location of the data, access to these data should not be charged, the contractor can obtain a copy of the data after paying a certain copying fee.

12.1 Completeness of the tender

The Contractor shall be deemed to have been satisfied with the correctness and completeness of the unit price and price stated in the tender and bill of quantities. Except as otherwise provided in the contract, the bill of quantities and tenders shall include all obligations under the contract and all necessary matters necessary for proper construction, completion of the works and maintenance of defects.

12.2 Unfavorable external obstacles and conditions

During the construction of the project, if the contractor encounters actual obstacles or unfavorable conditions outside the climatic conditions at the site, this situation is unforeseeable to the contractor as an experienced contractor, and the contractor shall immediately notify the engineer. And copy the owner. Upon receipt of this notice, if the engineer believes that such an obstacle or situation is not reasonably foreseeable by an experienced contractor, after consulting with the contractor and the owner, the engineer decides:

According to the extensions that 44 contractors are entitled to; and

The expenses incurred by the contractor in the event of such a situation shall be added to the contract price and the above-mentioned decision shall be notified to the contractor and copied to the owner. In making this decision, the Engineer shall consider all appropriate and reasonable measures that the Contractor may take for the Engineer to take into account all relevant instructions issued by the Engineer to the Contractor and with or without the Engineer's specific instructions.

13. The project should comply with the contract

Except for cases that are impossible or impossible due to law or practice, the contractor shall strictly follow the contract provisions for the construction, completion and maintenance of engineering defects to the satisfaction of the engineer. The Contractor shall strictly abide by the instructions issued by the Execution Engineer regarding any matter involving or related to the work, whether or not such matters are stated in the contract. The Contractor shall only accept the instructions of the Engineer or accept the instructions of the Engineer Representative in accordance with paragraph 2.

14.1 Progress plan to be submitted

Within 28 days after the date of issuance of the bid-winning notice, the contractor shall submit a construction progress plan to the engineer for approval. The format and details of the schedule shall be in accordance with the reasonable requirements of the engineer. Whenever an engineer requests it, the contractor shall submit in writing a summary of the methods and arrangements to be adopted for the construction of the project to the Engineer for reference.

14.2 Revision of the schedule

The contractor shall make a revision to the schedule every three months, including:

The main workload that is expected to be completed each month, and

A schedule of payment by the owner to the contractor.

If the engineer feels at any time that the actual progress of the project does not comply with the latest approved schedule, the engineer may request the contractor to submit a revised plan to ensure that the project is completed during the work period.

14.3 Cash Flow Estimate Form to be Submitted

Within 28 days after the issuance of the bid winning notice, the contractor shall submit to the engineer a detailed quarterly cash flow estimate, which shall be the amount the payment the contractor is entitled to under the contract. And if requested by the engineer, the contractor shall make a quarterly revision of the cash flow estimate.

14.4 The contractor cannot waive duties

The progress plan submitted to the engineer and approved by him, along with a general description and a cash flow estimate, does not relieve the contractor of any duties under the contract.

15.1 Supervision of the contractor

The Contractor shall provide all necessary supervision during the construction process as long as the Engineer believes that it is necessary to properly perform the Contractor’s obligations under the Contract. The contractor or a competent representative authorized by the engineer and approved by the engineer applies the entire time to supervise the project. The authorized representative shall accept the instructions of the engineer on behalf of the contractor or the representative of the engineer in accordance with paragraph 2.

If the Engineer withdraws the approval of the Contractor’s Representative, the Contractor shall, as soon as practicable after the receipt of the Notice of Replacement, transfer it out of the site within the limits of the actual possibility, and shall not re-deploy the representative of the Contractor. Hire this person and appoint another representative approved by the engineer.

15.2 Language is smooth

If the engineer believes that the representative of the contractor is unfamiliar with the use of English and Chinese, the contractor shall arrange at least one name of the translation to remain at the site at any time to ensure that the engineer's instructions and information are communicated in a timely manner.

A certain percentage of the contractor's supervisors should use Chinese as the working language, or the contractor should maintain a certain number of competent translators at the site to ensure that the engineer's instructions and information are communicated in a timely manner.

16.1 Contractor’s employees

The Contractor shall provide on the construction site for construction and completion of engineering and maintenance defects:

Only skilled and experienced technical assistants in the industry, and foremen and foremen who can supervise the construction of the project and

A skilled worker who is able to perform the duties of the contractor in time for the contract, and a semi-skilled technician.

16.2 Local employees

Employers are encouraged to employ unskilled workers from within the territory of the People’s Republic of China and to employ skilled workers where feasible and reasonable.

16.3 Engineer has the right to object and request dismissal

The engineer has the right to object to and require the contractor to immediately remove from the project the personnel provided by the engineer who are incapable of acting or performing their duties, or who are negligent in their duties, who believe that their presence on the site is inappropriate. Personnel must not re-work on the site once they have been removed without the approval of the engineer. Anyone who is so removed should be replaced as soon as possible.

17. Stake out

The contractor shall be responsible for:

The project is fine-tuned according to the original reference point, baseline and reference elevation given by the engineer in writing.

According to the above, the position, elevation, size and baseline of each part of the project are correctly arranged.

In order to complete the above tasks, provide all necessary equipment and services.

If during the construction process, the position, elevation, size and baseline of any part of the project are in error, the contractor shall, at the request of the engineer, correct the error at his own expense to the satisfaction of the engineer. Unless such error is caused by the engineer's written erroneous data, in which case the engineer will determine the contract price to be increased in accordance with paragraph 52 and notify the contractor and the copying owner accordingly.

The inspection of any line or elevation by the engineer shall not in any way relieve the contractor of the responsibility for the accuracy of the stakeout. The contractor shall carefully protect and preserve the level, base point, gantry plate, pile and project stakeout used in the stakeout. Other objects.

18. Drilling and exploration pits

At any time during the construction period, if the engineer requires the contractor to drill or explore excavation, the engineer shall be required by paragraph 51 in accordance with paragraph 51 unless the project or provisional amount for the project is included in the bill of quantities. give an order.

19.1 Environmental Safety, Defence and Protection

In the process of construction, completion of engineering and maintenance defects, the contractor shall:

Fully responsible for the safety of personnel entitled to work on the site and maintain good order in the construction site and works to avoid personal accidents, and

In order to protect the project or for the safety and convenience of the public and other personnel, the contractor shall provide and repair all lighting, guardrails, fences, warning signs at his own expense and at the time and place required by the engineer or any established authority. And guarding facilities, and

Take all liquidation measures to protect the environment around the construction site and the construction site, and to avoid harm or interference to public personnel and property caused by pollution, noise or improper construction methods.

19.2 Owner's responsibility

If the owner is required to use his own workers to complete the construction of the project on the construction site in accordance with the provisions of paragraph 3l, the owner shall:

Fully responsible for the safety of personnel entitled to work on the site, and

Maintain a good order on the site and prevent injury to the above personnel.

According to paragraph 31, if the owner employs other contractors on the site, the owner should require them to have the same responsibility to ensure safety and avoid injury.

20.1 Care of the project

The contractor shall be solely responsible for the materials used in the project, the equipment to be installed and the care of the project itself from the date of commencement until the date of the receipt of the certificate. After the owner receives all the works, the owner will be responsible for these matters. Provisions:

If the engineer issues a certificate for the acceptance of a certain segment of the permanent project or part of the project, the packager shall not be responsible for the care of these segments or parts of the project from the date of issuance of the certificate of receipt. Or the responsibility for the care of that part of the project is transferred to the owner;

The Contractor shall be solely responsible for the remaining works completed by the Warranty during the defect liability period and the materials used, and the care of the equipment to be secured, until such work is completed in accordance with Section 49.

20.2 Responsibility for repair loss or damage

If the contractor is responsible for the care, if the project or any other part or material or engineering equipment to be installed, any loss or damage is caused by any reason other than the risks specified in paragraph 20.4, the contractor shall be at his own expense. Maintenance works to make these permanent projects meet the requirements of the contract to the satisfaction of the engineer. The Contractor shall also be responsible for any damage to the Works caused by the Contractor's work in the performance of its obligations under Sections 49 and 50.

20.3 Loss or damage caused by the owner's risk

If any risk specified in Section 20.4 or a combination of other risks causes loss or damage, if required by the Engineer, the Contractor shall repair the loss or damage to the extent required by the Engineer, and the Engineer shall determine in accordance with the provisions of paragraph 52. Increase the amount of the contract price, and notify the contractor and the copying owner accordingly. In the event of loss or damage caused by the comprehensive risk, the engineer shall determine the proportion of the owner and the contractor to bear the risk.

20.4 Risk of the owner

The risks of the owner include:

In the case of completion of the project in relation to the People’s Republic of China:

War, hostilities, invasions, acts of foreign enemies:

Revolution, uprising, military coup, or civil war;

Ionizing radiation, radioactive contamination caused by any nucleus or nuclear combustion waste or toxic emissions or nuclear material explosions after the outbreak of nuclear components;

Shock wave pressure generated by the aircraft and with sonic or supersonic flying objects;

Confusion or turmoil and disorder of order, unless these conditions are limited to the contractor’s employees and subcontractors caused by the construction of the project.

Loss damage caused by the owner or any part of the project or part of the permanent project, unless the occupation is contractual.

Part of the loss and damage caused by the engineering design does not include the part of the project designed by the contractor and its responsible part.

The role of any natural force, and an experienced contractor:

Not reasonably foreseeable, or

Can reasonably foresee, but he can't:

21.1 Insurance for engineering and contractor equipment

Without limiting the obligations and responsibilities of the contractor or the owner as provided for in paragraph 20, the contractor shall insure the following:

Insuring the project together with the materials and engineering equipment to be installed at full replacement cost;

Add 15% of this replacement cost or a percentage of the additional amount specified in the second part of this contractual condition to cover any additional and additional costs incurred as a result of the loss or damage. Including business expenses and demolition fees for any part of the project and the cost of transporting any nature of muck;

The equipment and other items belonging to the contractor brought into the site by the contractor shall be sufficient for the amount of insurance to be reset on site.

Insurance for the above and items shall be insured in the same currency and proportion as the currency of payment, so that in the event of damage or damage, the corresponding currency and proportions may be compensated.

The insurance premiums listed by the contractor in the bill of quantities will be verified by the landlord according to the actual cost of the contractor’s insurance premium.

21.2 Insurance coverage

Insurance for Section 21.1 and Section shall be insured under the joint name of the Contractor and the Owner and shall include:

Losses and damages caused by various reasons other than those specified in paragraph 21.4 during the period from the start date of the construction site to the corresponding project or the receipt of the certificate according to the segment or part of the project. and

Responsible by the contractor:

Loss or damage during the liability period of the defect due to reasons prior to the commencement of the defect liability period

Loss or damage caused by the Contractor in connection with its construction under Sections 49 and 50.

21.3 Responsibility for amounts that cannot be recovered

Any uninsured or uncollectible amount from the insurance company shall be borne by the owner or the contractor in accordance with the responsibilities specified in paragraph 20.

21.4 Out-of-insurance situation

The insurance liability under No. 21.1 does not include the loss or damage caused by the reasons listed in 20.4 a.

22.1 Compensation for damage to persons and property Unless otherwise stipulated in the contract, the contractor shall waive the owner's loss and compensation for the following matters:

Death or injury to any person, or

All related damages, related claims, litigation, compensation, fees, legal fees, etc., may be caused by or caused by defects in the construction, completion and maintenance of the project. All fees except for the special circumstances specified in the paragraph.

22.2 Exceptions

The exceptions referred to in No. 22.1 refer to:

Land permanently used or occupied by the project or any part thereof.

The owner is the authority of the construction or partial construction of any place on, under, in or through the work.

According to the contract construction, the completion of engineering and maintenance defects will inevitably cause damage to the property.

Any death, injury or loss or damage to property caused by the owner, its agent, employee or other contractor, or any claim, litigation, damages, legal costs, allegations And other expenses, or some injury or damage caused by the contractor and its employees and agents, but partly because of the reasons and to some extent caused by the owner, its employees, agents and other contractors, this should For the consideration of the public platform.

22.3 Owner's protection

The Owner shall protect the Contractor from all claims, litigation damages, litigation costs, allegations and other expenses in the exceptional circumstances specified in Section 22.2.

23.1 Third Party Insurance

The contractor shall carry out personal injury and death insurance and property loss or damage insurance in the common name of the contractor and the owner without being limited to his or the obligations and responsibilities of the owner as specified in paragraph 22.

Except as provided in Section 22.2 and Articles.

23.2 Minimum Insurance Amount

The amount of insurance for third-party insurance shall not be less than the amount specified in the insert table of the special clauses in the second part of these Conditions, but the number of accidents for insurance shall not be

23.3 Cross responsibility

The insurance policy should include a cross-responsibility clause that applies to both the contractor and the owner who are insured separately.

24.1 Workers' accidents and disabilities

The owner is not liable for the injury and compensation of the contractor and any workers and other personnel employed by the subcontractor, unless the injury and compensation are caused by the actions and mistakes of the owner, his agent and the employee. The Contractor shall protect and continuously protect the Owner from any damages and losses, and all related claims, litigation, damages, legal fees, fees and other expenses.

24.2 Insurance for workers' accidents

The contractor shall carry out such insurance for all workers employed during the construction period and continue this insurance. However, if any subcontractor employs any personnel, if the subcontractor has insured the above-mentioned Liao, and the owner is compensated according to the insurance policy, the contractor’s insurance obligations mentioned above in this clause will be fulfilled. However, when necessary, the contractor shall require the subcontractor to submit the relevant insurance policy and payment receipt for the current insurance premium to the owner.

25.1 Insurance Certificate and Terms

The contractor shall provide the owner with proof of the entry into force of the insurance required by the contract before the commencement of the project, and

The contractor’s required insurance work started 7 days ago or

Within 84 days after the start of the project, an insurance policy will be submitted to the owner.

The contractor shall notify the engineer when submitting the certificate and insurance policy to the owner. The insurance unit is consistent with the general terms agreed by both parties before the notice of winning the bid. The Contractor shall make all insurances insured by the People's Insurance Company of China, or any qualified insurance company approved in advance by the Owner, and the insurance terms approved by the Owners in force.

25.2 Complete insurance

The contractor shall notify the insurer when the progress, scope and nature of the construction change, to ensure that there is complete insurance at all times according to the terms of the contract, and to submit a valid insurance policy and payment receipt for the current insurance premium to the owner upon request.

25.3 Remedy for uninsured contractors

If the Contractor does not or does not guarantee that the insurance provided for in any contract is effective, or does not provide the insurance policy to the Owner at the time specified in Section 25.1, the Owner will enable or warrant that any such insurance will take effect if any such circumstances occur. Pay the insurance premium payable and deduct from the amount paid or payable to the contractor at any time, or deduct the debt due from the contractor.

25.4 Compliance with the conditions of the insurance policy

In the event that the contractor or the owner fails to comply with the terms of the insurance policy in effect, the responsible party shall compensate the other party for all losses and indemnities caused by the other party.

26. Compliance with laws and regulations

The contractor shall comply with all aspects, including notices and payment, in accordance with:

All laws and regulations related to construction completion, maintenance defects are issued by the state or the province. Law or other laws, or regulations of any local or other legal body or local regulations, and

Public property or company rules and regulations whose property or rights are or may be affected by the project in any way.

The contractor shall protect the owner from all penalties for breach of these provisions and assume responsibility for this. It is always stipulated that the owner should be responsible for obtaining the necessary planning, regional division or other similar approval for the progress of the project and compensating the contractor in accordance with the provisions of Section 22.3.

27. Fossil treatment

All fossils, coins and valuable items excavated at the site, or cultural relics, structures and other relics and articles of geological and archaeological value, for the employer and contractor, shall be regarded as the absolute property of the owner. The contractor shall take reasonable measures. Prevent its workers or other personnel from moving or damaging any such items, and immediately notify the engineer to dispose of these items as directed by the engineer. If the contractor delays the construction period and/or pays the fee due to the handling of such matters, the engineer shall, after coordination with the contractor and the owner, decide:

Any extension period that the contractor is entitled to under paragraph 44, and

A sum should be added to the contract price, and the contractor and the copying owner should be notified accordingly.

28.1 Patent Rights

The Contractor shall protect and protect the Owner from any infringement of any patent rights, design marks or names or other protected rights in respect of any Contractor’s equipment, materials or engineering equipment used in or relating to or intended to be used in the Works. The costs of all claims and litigation, and the protection or protection of the owner from damages, litigation costs, allegations and other expenses incurred or related to this. Except where the above rights are violated due to design or technical requirements provided by the executive engineer.

28.2 Mining fee

Unless otherwise stipulated, the Contractor shall pay the tonnage and other mining area usage fees, rent and other expenses or compensation fees for the stone, sand, gravel, clay or other materials required for the project, if any. .

29. Interference with traffic and adjacent property

Within the scope permitted by the contractual requirements, all necessary operations during construction, completion of engineering and maintenance defects shall not be addressed:

Public convenience, and

The entry, use or use of public roads or private and access to sidewalks belonging to the owner or other property creates unnecessary and undue interference.

The Contractor shall protect and protect the Owner from all claims, suits, damages, costs, fees and other expenses incurred or related to the above matters which shall be the responsibility of the Contractor.

30.1 Avoid damage to the road

The Contractor shall take all reasonable measures to prevent damage to the roads and bridges connected to the site or to the site due to traffic caused by the Contractor or any of its subcontractors. In particular, transport routes should be selected, transport vehicles should be selected and used, and the weight of the transport should be limited and distributed so that such transport, which is inevitable due to the transport of raw materials, equipment and contractor’s equipment or temporary works, should be minimized and such roads and bridges should not be Cause any unnecessary damage or damage.

30.2 Transportation of contractor equipment or temporary works

In addition to the contract, there are provisions. The Contractor shall pay a fee for the reinforcement or replacement or improvement of any of the roads leading to the site or on the route to the site for the transportation of contractor equipment or temporary works. The Contractor shall be exempt from the Owner’s liability for damage to any such road bridges resulting from such transportation, including claims made directly to the Owner. The Contractor shall negotiate such claims and pay all claims for such damages.

30.3 Transportation of materials or engineering equipment

Notwithstanding Section 30.1, if the contractor is aware of the damage or is authorized to carry on any damage to any road or bridge leading to the site or on the route to the route when transporting materials and equipment. The engineer and the owner should be notified immediately after the official claim. According to the law, the transporter of the materials and engineering equipment is required to compensate the road authorities for damages, and the owner is not responsible for paying all relevant expenses. In other cases, the owner negotiates, resolves the dispute, and pays the amount of the claim and exempts the contractor from liability for the relevant claims, prosecution, damages, legal costs, command fees and other expenses. As long as the engineer believes that the claim or part of the claim is due to the contractor’s failure to perform its duties in accordance with paragraph 30.1, the engineer, after consulting with the owner and the contractor, will determine the amount due due to negligence, and the owner will If the money is withdrawn, the same amount may be deducted from any amount payable or due to the contractor and notified to the contractor and the owner. It is also stipulated that the owner should inform the contractor when the dispute will be settled and the amount of the contractor will be deducted from the above amount. Before resolving this dispute, the owner should consult with the contractor.

30.4 Water transport

Subject to the nature of the project requiring the contractor to use water transport, the provisions of this Article shall be construed as meaning that the term “road” includes ship locks, piers, seawalls or other structures related to waterways, and “transportation”. The meaning of the term includes the ship and has the same effect as the above.

30.5 Construction traffic

The contractor shall arrange for special permission for special construction traffic on public roads and bear the relevant expenses.

30.6 Local transportation services

The contractor is encouraged to maximize the use of local handling and transportation services in the construction of construction equipment and materials. The contractor shall only sign a contract with the legal transportation organization in China.

31.1 Providing service opportunities to other contractors

At the request of the engineer, the contractor shall provide the following personnel with all reasonable opportunities to perform their work:

Any other contractor employed by the owner and his workers.

Owner's workers, and

Workers of any legal institution that may be activated by the owner on or near the construction site, or workers who may be employed by the owner for any other contractual work related to the project or ancillary works .

31.2 Facilitating other contractors

According to paragraph 31.1, according to the written request of the engineer, the contractor shall:

Providing any other contractor, or owner or any such authority, to repair any road or access, or

Allow these people to use temporary works or contractor’s equipment on the site, or

In order to provide these personnel with other services of any nature, the Engineer shall decide to increase the use of the contract in accordance with paragraph 52 and notify the contractor and the copying owner accordingly.

32. The contractor keeps the construction site clean and tidy

During the construction period, the contractor shall reasonably maintain that there are no unnecessary obstacles on the site, and shall store and properly arrange any contractor's equipment and excess materials, remove and remove any waste, garbage and unnecessary materials from the site. Temporary works.

33. On-site cleaning at the time of completion

After issuing any receiving certificate, the contractor shall immediately remove and remove all relevant contractor’s equipment, excess materials, garbage and various temporary works from the part of the site where the receiving certificate has been issued, and make this part of the project and construction site Keep it clean and satisfy the engineer. Before the end of the defect liability period, the contractor has the right to keep the materials, contractor's equipment and temporary works required at the site for the purpose of fulfilling the defect liability period.