Engineering construction supervision commission
Engineering construction supervision commission
Party A: ____________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________ Legal Representative: ____________ Position: ____________
Party B: ____________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________ Legal Representative: ____________ Position: ____________
According to the "Contract Law of the People's Republic of China", the two parties signed this contract on the basis of equality, voluntariness and mutual benefit, and jointly abide by them.
Article 1 Scope of supervision project
Party A entrusts Party B to carry out ____ construction supervision of ________________ project according to the requirements of this contract. The scope of supervision: ________________________ quality control, schedule control and investment control.
Article 2 Term fee
The service period is from ____ years ____ months to ____ years ____ months. The total cost is: ________ million.
Article 3 Definition of Terms
1. The basis for supervision of both parties is the “Construction Supervision Trial Regulations” and other relevant regulations and construction contracting contracts.
2. Party A is the organizer of the project construction. It is responsible for the mobilization of funds, land acquisition, resettlement, coordination and local relations in the construction, and is fully responsible to the construction of the project.
Party B is entrusted by Party A to act as the supervision unit of the project, and to supervise the work according to this contract, and exercise the powers and responsibilities assigned to it, and is responsible to Party A.
3. The scope and content of the project supervision referred to in this contract are detailed in the scope and content of the service in Appendix B.
4. The supervision fees and payment methods referred to in this contract are detailed in Appendix D.
5. In the process of contract implementation, all contacts between the parties to the contract shall be subject to written notice. In special circumstances, the notice may be verbally notified and the written notice shall be added. The relevant files signed by both parties belong to the supplementary file of the contract. The specific provisions for the contact between the two parties are specified in the special terms.
Article 4 The beginning, completion and change of this contract.
1. This contract is effective immediately upon completion of all valid signatures and seals as stipulated in this contract.
2. The Supervising Authority shall begin its services within the time limit specified in the special terms of this contract.
3. The supervision unit shall complete the service within the time limit specified in the special terms of this contract.
4. If the situation changes, causing the contract to be changed, it must be agreed by both parties in writing. To this end, the proposal made by one party needs to be sent to the other party for due consideration.
5. If the contract needs to be extended, both parties should sign a supplementary contract or explain it in advance in special terms.
6. When there are changes in national laws, regulations and policies after the signing of the contract, the parties to the contract may make adjustments after consultation and specify in the special terms.
Article 5 Party A's powers and responsibilities.
1. Party A shall supervise and inspect the project of Party B in accordance with the supervision contract.
2. If Party A believes that Party B's performance of the contract is seriously affecting the progress of the project, Party A has the right to request the replacement of the main personnel of Party B until the contract is terminated.
3. When major changes involving construction period, quality, and cost are changed, Party A shall finalize and follow the infrastructure procedures prescribed by the State.
4. Party A supports Party B's work and guarantees the unity of Party B's responsibilities and powers in accordance with the contract. Party A shall provide Party B with the prescribed equipment, facilities and materials in accordance with Appendix C.
5. Party A shall provide Party B with the contractual texts, materials, drawings and data required for the supervision work specified in this contract. At the same time, the methods, parts and recycling, and confidentiality should be clearly stated in the special clauses.
6. Party A shall be responsible for coordinating the external conditions of the project and its relationship with the place.
7. Party A shall make a decision on Party B's report, file, etc. submitted by Party A within the time limit prescribed by the parties in the special terms.
8. Party A shall pay Party B's supervision fee on time according to Appendix D.
Article 6 Party B's powers and responsibilities.
1. Party B has the powers stipulated in the contract and assumes full responsibility.
2. Party B must have the skills, prudence and diligence required to perform this contract, and must complete all of its duties in accordance with the professional guidelines of the supervisor.
3. In the process of supervision, if the supervision unit needs to hire another expert for consultation or assistance, Party B shall bear the expenses incurred within the supervision service responsibility; if it exceeds the supervision service responsibility and incurred expenses, Party A shall bear the written consent of Party A and shall be undertaken by Party A. cost.
4. Party B shall bring its own specified equipment, materials and facilities in accordance with Appendix C. The specific use agreement is specified in Appendix C.
5. Party B must dispatch the supervisors and project supervision agencies required for supervision work in accordance with Appendix E. The main personnel qualifications and conditions of service shall be subject to the examination and approval of Party A, and Party A shall not refuse without reason. Party A agrees with the project supervision organization proposed by Party B according to the objectives of the supervision and confirms the chief management engineer.
6. Supervisors shall be carried out within the prescribed time limit for the personnel specified in this contract. In order to ensure the effective implementation of supervision, Party B can make reasonable adjustments within this period. If the personnel on site are replaced, the personnel with the same skills shall be replaced. The replacement of the main supervisors shall be subject to the consent of Party A. The supervisors stationed at Party B shall be continuously stable to ensure the normal operation of the supervision.
7. Party B has the quality veto power of this supervision project, the right to issue payment certificates, and the right to start, stop, rework and resume work.
8. The remuneration received by Party B from Party A is the sole remuneration for this contract. Party B and its personnel shall not accept other allowances, rebates, etc. and indirect payments related to or in connection with this contract.
9. In the process of supervision, Party B shall not disclose the secrets claimed by Party A, and Party B shall not disclose the secrets provided and affirmed by the design, contracting and other units.
Article 8 Mediation and arbitration.
In the process of contract execution, if there is a dispute between the two parties, the two sides should first fully negotiate and resolve the dispute in accordance with the principle of mutual understanding, trust, equality and mutual benefit; if the negotiation fails, either party can apply to the supervisory authority for mediation dispute; Any party may request arbitration according to law. Both parties agree to ____
Arbitration committee arbitration. In the process of mediation and arbitration, both parties shall ensure that the construction of the project is carried out normally.
Article 9 Liability for breach of contract
Party A shall terminate the contract by reason of Party A. Party A shall notify Party B at least 2 months in advance, and shall bear the liability for breach of contract and pay the agreed compensation fee.
Party B shall terminate the contract at the cause of Party B. Party B shall notify Party A at least 2 months in advance, and shall bear the liability for breach of contract and pay the agreed compensation fee.
Party A or Party B shall not reply within 15 days after receiving the notice of termination of contract, which may be deemed to be the termination of this contract.
The breach of contract compensation or other breach of contract shall be specifically agreed by Party A and Party B in special terms.
Article 10 Party A shall, subject to the supervision work of Party B, carry out rewards and punishments. The specific content is stipulated by the parties in special terms.
Article 11 Special Provisions
In view of the characteristics and actual needs of the project, both parties have agreed to sign the following special terms to supplement the general terms of the contract. When the general terms are inconsistent with the special terms, the special terms shall prevail. The specific terms are as follows:
1. Additional services: If Party A entrusts Party B to undertake tasks outside the scope of this contract, Party A shall separately sign the entrustment contract. If Party A or the contractor has blocked or delayed the service, and even increased the workload and duration of the service, Party B shall notify Party A of the situation and possible impact, and Party A shall increase the additional service fee.
2. Contact information of both parties: The important question is the letter. The general questions are by telephone or verbal instructions, but all should have records. The meeting is based on the minutes.
3. Supervision service period:
4. In the performance of the contract, due to force majeure, part or all of the contract cannot be performed. Party B does not bear the liability for breach of contract. If the extension is allowed or some or all of it is not performed, the two parties shall sign a supplementary agreement.
5. After the issuance of the contract, if there is a change in the supervision fees due to changes in national laws, regulations and policies, the supervision fee for this contract shall be adjusted accordingly.
6. Party A shall provide Party B with 5 copies of the drawings, materials and test reports related to the supervised project, and 2 copies of the contract signed by Party A and the construction unit. Party B shall not disclose to other unrelated units during the use of the above materials, and shall return Party A after the completion of the project.
7. Party A shall accept the report, file, etc. submitted by Party B for Party A's decision, and shall give clear instructions within 7 days and notify Party B in writing.
8. Party B shall not be responsible for the work-related accidents during construction.
9. Liquidated damages: Due to the reasons for the termination of the contract by Party A or Party B, it shall be handled within the time limit of Article 9 of the General Terms. Due to the termination of the contract by Party A, Party A shall pay Party B a penalty of ____ yuan. Due to the termination of the contract by Party B, Party B shall pay Party A a penalty of ____ yuan. Party A shall bear economic responsibility because Party A's decision-making is improper and affects the progress and quality of the project.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
10. Bonus and penalty: Party A can reward and reward according to the effectiveness of Party B's work. The funds are within the scope of ____ yuan, and the fine is within the limit of ____ yuan.
In order to promote the progress, quality and safety of the construction unit, Party B may write written materials to recommend the relevant personnel. The specific amount and expenditure method shall be determined by both parties, and Party B shall be supervised by Party A when using it. And the account is available for reference.
Article 12 This contract shall come into force on the date of signing. The original of this contract shall be in duplicate, and each party shall hold one copy.
Party A: ____________________
Representative: ________________ ____________________
Party B: ____________________
Representative: ________________ ____________________
Party A: ____________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________ Legal Representative: ____________ Position: ____________
Party B: ____________________________________
Address: ____________ Postal Code: ____________ Telephone: ____________ Legal Representative: ____________ Position: ____________
According to the "Contract Law of the People's Republic of China", the two parties signed this contract on the basis of equality, voluntariness and mutual benefit, and jointly abide by them.
Article 1 Scope of supervision project
Party A entrusts Party B to carry out ____ construction supervision of ________________ project according to the requirements of this contract. The scope of supervision: ________________________ quality control, schedule control and investment control.
Article 2 Term fee
The service period is from ____ years ____ months to ____ years ____ months. The total cost is: ________ million.
Article 3 Definition of Terms
1. The basis for supervision of both parties is the “Construction Supervision Trial Regulations” and other relevant regulations and construction contracting contracts.
2. Party A is the organizer of the project construction. It is responsible for the mobilization of funds, land acquisition, resettlement, coordination and local relations in the construction, and is fully responsible to the construction of the project.
Party B is entrusted by Party A to act as the supervision unit of the project, and to supervise the work according to this contract, and exercise the powers and responsibilities assigned to it, and is responsible to Party A.
3. The scope and content of the project supervision referred to in this contract are detailed in the scope and content of the service in Appendix B.
4. The supervision fees and payment methods referred to in this contract are detailed in Appendix D.
5. In the process of contract implementation, all contacts between the parties to the contract shall be subject to written notice. In special circumstances, the notice may be verbally notified and the written notice shall be added. The relevant files signed by both parties belong to the supplementary file of the contract. The specific provisions for the contact between the two parties are specified in the special terms.
Article 4 The beginning, completion and change of this contract.
1. This contract is effective immediately upon completion of all valid signatures and seals as stipulated in this contract.
2. The Supervising Authority shall begin its services within the time limit specified in the special terms of this contract.
3. The supervision unit shall complete the service within the time limit specified in the special terms of this contract.
4. If the situation changes, causing the contract to be changed, it must be agreed by both parties in writing. To this end, the proposal made by one party needs to be sent to the other party for due consideration.
5. If the contract needs to be extended, both parties should sign a supplementary contract or explain it in advance in special terms.
6. When there are changes in national laws, regulations and policies after the signing of the contract, the parties to the contract may make adjustments after consultation and specify in the special terms.
Article 5 Party A's powers and responsibilities.
1. Party A shall supervise and inspect the project of Party B in accordance with the supervision contract.
2. If Party A believes that Party B's performance of the contract is seriously affecting the progress of the project, Party A has the right to request the replacement of the main personnel of Party B until the contract is terminated.
3. When major changes involving construction period, quality, and cost are changed, Party A shall finalize and follow the infrastructure procedures prescribed by the State.
4. Party A supports Party B's work and guarantees the unity of Party B's responsibilities and powers in accordance with the contract. Party A shall provide Party B with the prescribed equipment, facilities and materials in accordance with Appendix C.
5. Party A shall provide Party B with the contractual texts, materials, drawings and data required for the supervision work specified in this contract. At the same time, the methods, parts and recycling, and confidentiality should be clearly stated in the special clauses.
6. Party A shall be responsible for coordinating the external conditions of the project and its relationship with the place.
7. Party A shall make a decision on Party B's report, file, etc. submitted by Party A within the time limit prescribed by the parties in the special terms.
8. Party A shall pay Party B's supervision fee on time according to Appendix D.
Article 6 Party B's powers and responsibilities.
1. Party B has the powers stipulated in the contract and assumes full responsibility.
2. Party B must have the skills, prudence and diligence required to perform this contract, and must complete all of its duties in accordance with the professional guidelines of the supervisor.
3. In the process of supervision, if the supervision unit needs to hire another expert for consultation or assistance, Party B shall bear the expenses incurred within the supervision service responsibility; if it exceeds the supervision service responsibility and incurred expenses, Party A shall bear the written consent of Party A and shall be undertaken by Party A. cost.
4. Party B shall bring its own specified equipment, materials and facilities in accordance with Appendix C. The specific use agreement is specified in Appendix C.
5. Party B must dispatch the supervisors and project supervision agencies required for supervision work in accordance with Appendix E. The main personnel qualifications and conditions of service shall be subject to the examination and approval of Party A, and Party A shall not refuse without reason. Party A agrees with the project supervision organization proposed by Party B according to the objectives of the supervision and confirms the chief management engineer.
6. Supervisors shall be carried out within the prescribed time limit for the personnel specified in this contract. In order to ensure the effective implementation of supervision, Party B can make reasonable adjustments within this period. If the personnel on site are replaced, the personnel with the same skills shall be replaced. The replacement of the main supervisors shall be subject to the consent of Party A. The supervisors stationed at Party B shall be continuously stable to ensure the normal operation of the supervision.
7. Party B has the quality veto power of this supervision project, the right to issue payment certificates, and the right to start, stop, rework and resume work.
8. The remuneration received by Party B from Party A is the sole remuneration for this contract. Party B and its personnel shall not accept other allowances, rebates, etc. and indirect payments related to or in connection with this contract.
9. In the process of supervision, Party B shall not disclose the secrets claimed by Party A, and Party B shall not disclose the secrets provided and affirmed by the design, contracting and other units.
Article 8 Mediation and arbitration.
In the process of contract execution, if there is a dispute between the two parties, the two sides should first fully negotiate and resolve the dispute in accordance with the principle of mutual understanding, trust, equality and mutual benefit; if the negotiation fails, either party can apply to the supervisory authority for mediation dispute; Any party may request arbitration according to law. Both parties agree to ____
Arbitration committee arbitration. In the process of mediation and arbitration, both parties shall ensure that the construction of the project is carried out normally.
Article 9 Liability for breach of contract
Party A shall terminate the contract by reason of Party A. Party A shall notify Party B at least 2 months in advance, and shall bear the liability for breach of contract and pay the agreed compensation fee.
Party B shall terminate the contract at the cause of Party B. Party B shall notify Party A at least 2 months in advance, and shall bear the liability for breach of contract and pay the agreed compensation fee.
Party A or Party B shall not reply within 15 days after receiving the notice of termination of contract, which may be deemed to be the termination of this contract.
The breach of contract compensation or other breach of contract shall be specifically agreed by Party A and Party B in special terms.
Article 10 Party A shall, subject to the supervision work of Party B, carry out rewards and punishments. The specific content is stipulated by the parties in special terms.
Article 11 Special Provisions
In view of the characteristics and actual needs of the project, both parties have agreed to sign the following special terms to supplement the general terms of the contract. When the general terms are inconsistent with the special terms, the special terms shall prevail. The specific terms are as follows:
1. Additional services: If Party A entrusts Party B to undertake tasks outside the scope of this contract, Party A shall separately sign the entrustment contract. If Party A or the contractor has blocked or delayed the service, and even increased the workload and duration of the service, Party B shall notify Party A of the situation and possible impact, and Party A shall increase the additional service fee.
2. Contact information of both parties: The important question is the letter. The general questions are by telephone or verbal instructions, but all should have records. The meeting is based on the minutes.
3. Supervision service period:
4. In the performance of the contract, due to force majeure, part or all of the contract cannot be performed. Party B does not bear the liability for breach of contract. If the extension is allowed or some or all of it is not performed, the two parties shall sign a supplementary agreement.
5. After the issuance of the contract, if there is a change in the supervision fees due to changes in national laws, regulations and policies, the supervision fee for this contract shall be adjusted accordingly.
6. Party A shall provide Party B with 5 copies of the drawings, materials and test reports related to the supervised project, and 2 copies of the contract signed by Party A and the construction unit. Party B shall not disclose to other unrelated units during the use of the above materials, and shall return Party A after the completion of the project.
7. Party A shall accept the report, file, etc. submitted by Party B for Party A's decision, and shall give clear instructions within 7 days and notify Party B in writing.
8. Party B shall not be responsible for the work-related accidents during construction.
9. Liquidated damages: Due to the reasons for the termination of the contract by Party A or Party B, it shall be handled within the time limit of Article 9 of the General Terms. Due to the termination of the contract by Party A, Party A shall pay Party B a penalty of ____ yuan. Due to the termination of the contract by Party B, Party B shall pay Party A a penalty of ____ yuan. Party A shall bear economic responsibility because Party A's decision-making is improper and affects the progress and quality of the project.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
Violation of the contract ____, ____ party pays ____ party liquidated damages: ____ yuan.
10. Bonus and penalty: Party A can reward and reward according to the effectiveness of Party B's work. The funds are within the scope of ____ yuan, and the fine is within the limit of ____ yuan.
In order to promote the progress, quality and safety of the construction unit, Party B may write written materials to recommend the relevant personnel. The specific amount and expenditure method shall be determined by both parties, and Party B shall be supervised by Party A when using it. And the account is available for reference.
Article 12 This contract shall come into force on the date of signing. The original of this contract shall be in duplicate, and each party shall hold one copy.
Party A: ____________________
Representative: ________________ ____________________
Party B: ____________________
Representative: ________________ ____________________
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