International engineering contract
General contract
This contract is signed by both parties as follows:
1.________ City ________; Representative: ________
2.________ Overseas Engineering Department of Construction Engineering Contracting Company; Manager ____ Mr.
place of birth:________
Country of Citizenship:________
Headquarters: ________________ City
Address in ________ country: ________ mailbox
In view of the ________________ to be constructed by Party A, Party B's quotation has been accepted by the ________ Tendering Committee on ________________________________________________________________________________________________________________________ According to the resolution of ____________________________________________________________________________________________________________________________________________________________________
Contract content
Party B shall completely and accurately construct the ________________ in ________ City in accordance with the written agreement on the terms of the contract, technical specifications, design drawings, engineering scales, price lists and contract terms.
Party B admits that he has a correct understanding of the text and subsidiary files of the contract. On this basis, he agrees to sign the contract and construct it according to the contract.
All of the above files and affiliate files are an integral part of this contract.
Contract amount
The total amount of this contract is ________. The ratio to the US dollar is 70%.
This amount is calculated by multiplying the actual unit quantity by the unit price, which means the “estimate project”. As for the "segmentation project", the payment is made according to the interim report, and the method for writing the interim report should be agreed by both parties in the contract. The payment to Party B shall be in accordance with the provisions of the contract and its subsidiary files.
The contract price is fixed. It includes all the expenses, expenses, obligations and various taxes borne by Party B for the construction, including the engineering maintenance costs incurred due to poor construction and the warranty and maintenance fees stipulated during the contract period. Party B has no right to request to increase the contract price for any reason, such as rising market prices, floating currency prices, rising living expenses, higher wage bases, adjustment of tax laws, customs duties and taxes, and new tax increases in ________ countries or abroad.
Duration
Party B must complete the construction of all the contracted works within ____ days from the date of the handover of the site in accordance with the description of the attached file No. ____ of this contract. Official holidays are included in the construction period. If Party B believes that it cannot be completed on time due to some irresistible reasons, Party B may notify Party A in writing to explain the reason and request to increase the time limit. If Party B confirms that these reasons exist, the contract term may be extended as appropriate.
Handover site
According to the notice issued by Party A to Party B, the site shall be handed over, and a summary shall be signed at the time of handover, and each party shall hold one copy. If Party B or its representative at the receiving venue is absent from the time limit specified in the notice, Party A may draft the minutes as usual and send a copy of the minutes to Party B. The date of drafting the minutes is equal to the time when Party B receives the venue.
View site
Party B acknowledged that the land and surrounding environment had been reviewed before signing the contract, and all the conditions related to the construction or have an impact on the construction, such as geological soil conditions, water sources, local climate conditions, roads, traffic flow, and labor supply scope. Wait. Party B is responsible for the consequences arising from these factors.
Performance bond
Party B shall, within 30 days from the second day after being notified of the winning bid, temporarily deposit the performance bond with Party A, the amount is 20% of the total amount of the contract, or supplement the previously temporarily held bid bond to the above ratio within the specified period. The contract will only impose obligations on Party A after the deposit is paid.
There may be a cash, credit check, or a letter of guarantee in accordance with the conditions stipulated in Article 11 of the contract conditions. The letter of guarantee must be valid throughout the execution period of the contract, until the final delivery of the project.
The deposit is always kept by Party A as a guarantee for Party B to complete the construction and fulfill Party A's rights. Party B shall, after Party A sends a registered letter, make up the deposit in up to one month in the same amount that may be deducted. Otherwise, Party A has the right to confiscate the balance of the deposit or withdraw the project from Party B. Party B shall bear the expenses for the construction. Party A has the right to make a claim, as long as it is notified to Party B by registered mail, without resorting to the court or taking other measures.
Party A has the right to claim the debts owed by Party B from any proceeds of this contract.
Party A: ________________________________
representative:________
________year month day
Party B: ________________________________
representative:________
________year month day
Civil engineering contractual conditions
Part I Common conditions
Definition and interpretation
Definition
The following words and terms in this contract, unless otherwise required by the text, shall have the meanings specified herein:
“Employer” means the party named in the second part of the contract conditions that has been tendered for the construction, installation or delivery of the project and will be employed by the party and the employer in the name of the employer, excluding any assignee of the employer. .
“Contractor” means a person or persons, firm or company whose bid has been accepted by the employer and includes the private representative, successor and licensed assignee of the contractor.
“Engineer” means an engineer designated in Part II, or an engineer appointed by the Employer at any time and in writing to the Contractor to replace the designated Engineer for the purposes of this contract and to act as an Engineer.
“Representative of an Engineer” means an assistant to a construction engineer or engineer, or any engineer who is assigned by the employer or engineer at any time to perform the duties specified in Article 2 of this Archive, whose authority shall be notified to the Contractor in writing by the Engineer. .
“Engineering” means the work to be carried out in accordance with this contract.
“Contract” means contract conditions, specifications, drawings, list of construction works, price and price lists, tenders and contractual agreements.
“Contracted price” means the amount specified in the tender but which is increased or decreased according to the provisions set out below.
“Construction Equipment” means all equipment, equipment, or the like, required for the construction, completion or maintenance of this Project or Temporary Works, but does not include materials intended to constitute or are forming part of a permanent project or Everything else.
“Temporary Works” means all kinds of temporary works required for the conduct, construction or maintenance of this Project.
“Drawings” means the drawings referred to in the specification and any modifications made to the drawings by the Engineer in writing, as well as other drawings provided by the Engineer at any time or in writing.
“Site” means the land and other sites on which the Works are to be carried out, under or in the Works, and any other premises provided by the Employer for the purposes of this Agreement, together with other venues specifically designated as part of the Site in this Agreement. Other land or place.
“Approved” means approved in writing, including subsequent written confirmation of prior oral approval; and “approval” means written approval, including the above.
Singular and plural
In the context of the text, only words that indicate singular numbers also include plurals, and vice versa.
Subtitle or comment next to the page
Subpage headings or notes in these general conditions shall not be considered part of the terms of this contract, nor as a consideration in interpreting these common conditions or this contract.
Representative of the engineer
2. Responsibility and authority of the representative of the engineer
The responsibility of the representative of the engineer is to inspect and supervise the project, and to test and inspect the materials and workmanship required for the project. He has no right to waive any liability or obligation of the Contractor under this Agreement, except as otherwise expressly provided in this document or elsewhere in this contract, he has no right to order any work that would cause delay or to instruct the Employer to make any additional Payment, and no changes can be made to this project.
Engineers may delegate any authority and authority granted to the Engineer to the Engineer's representative at any time in writing and shall submit a copy of all such powers and authorized written assignments to the Contractor. Any written instruction or approval given by the Engineer's representative to the Contractor within such commission shall be binding on the Contractor and the Employer as the Engineer's indicators or approvals. However, it must be conditional on:
The representative of the Engineer does not disapprove any work or materials and does not prejudice the Engineer's power not to endorse the work or materials and order them to be overturned, removed or demolished.
If the contractor is dissatisfied with any decision made by the representative of the engineer, he shall have the right to refer the matter to the engineer, who shall immediately confirm, revoke or change the decision.
Transfer and subcontracting
3. Transfer
The Contractor shall not assign this Agreement or any part of or any benefit or benefit of this Contract without the prior written consent of the Employer.
4. Subcontracting
The contractor may not subcontract the entire project. Except as otherwise provided in this contract, the contractor shall not subcontract any component of the project without the prior written consent of the engineer. If agreed, the contractor shall not be excused from any liability or obligation assumed by the contractor under this contract. The contractor The actions, defaults and omissions of any subcontractor or subcontractor’s agent, employee or worker are as full as the actions of the contractor or the contractor’s agent, employee or worker, breach of contract or negligence. . However, the provision of labour by piece-by-piece means should not be considered a subcontract as described in this article.
Scope of the contract
5. The scope of the contract
This contract includes the construction, construction and maintenance of this project. Except as otherwise provided in this contract, it also includes the provision of the provisions required by this contract or reasonably inferred from this contract that is required for the construction, construction and maintenance of the project. All labor, materials, construction equipment, temporary works and everything, whether temporary or permanent.
Contract file
6. Language
The language used to develop this contractual file shall be stated in the second part. If the contract file is written in more than one language, the language in which the contract is based shall be specified in the second part, ie The "main language."
Mutual interpretation of files: Except as otherwise provided in this contract, the provisions of the common conditions and special conditions shall be the dominant provisions of the provisions of any other files that form part of this contract, under the above conditions, constitute Certain files of this contract shall be deemed to interpret each other. If the meaning is unclear or inconsistent, it shall be interpreted and transferred by the engineer. The engineer shall give instructions to the contractor to indicate the manner in which it should be used. Complete the work. However, if the Engineer believes that any costs incurred by the Contractor in accordance with any such instructions are not clear or inconsistent in the sense of the Archives and are not and are not justified by the Contractor, the Engineer shall Proof that the employer should pay this additional amount at an amount that would reasonably be affordable.
7. Maintenance of drawings
The drawings shall be kept by the engineer separately, but the contractor shall provide 2 copies of the drawings free of charge. If the contractor needs more copies, it shall be provided and produced by the contractor at his own expense. Upon completion of this contract, the Contractor shall return all drawings provided under this Contract to the Engineer.
The Contractor shall give appropriate representation to the Engineer or Engineer's representative in respect of any drawings or instructions required to perform any work or other matter required under this Contract.
A copy of the drawing should be kept on site.
One of the above-mentioned copies of the drawings provided to the Contractor shall be kept on site by the Contractor and shall be inspected and used by the Engineer, the representative of the Engineer and any other person authorized in writing by the Engineer at all appropriate times.
8. Further drawings and instructions
The Engineer shall have full authority to provide the Contractor with drawings and instructions that must be further provided for the proper and proper conduct and maintenance of the Project during the course of the Project, and the Contractor shall execute and be bound by it.
General obligation
9. Contractual agreement
When the contractor is invited to make a contract, the contractual agreement shall be signed in the form listed in the subsidiary file and subject to necessary modifications.
10. Performance bond
If the tender states, the contractor undertakes to obtain a guarantee from an insurance company or bank when needed or to provide two suitable and well-guaranteed guarantors, together with the contractor, bears the responsibility to the employer jointly and severally, not exceeding If the amount of 10% of the bid amount is performed in accordance with the conditions of the guarantee, the insurance company or the bank or guarantor and the guarantee shall be approved by the employer. The costs of obtaining such a guarantee or providing such a guarantor and such a bond to be entered shall be borne by the contractor, except as otherwise provided in this contract.
11. On-site inspection
The tender shall be considered to be based on data on hydrological, climatic and natural conditions that the employer should provide in the file submitted to the contractor for the purpose of the tender. However, the contractor shall inspect and inspect the site and its surroundings, and shall clearly ascertain the shape and nature of the site, the quantity and nature of the work and materials necessary to complete the project, the means of transport entering the site, and him before submitting the tender. In general, he/she should personally obtain all necessary information about risks, accidents and other circumstances that may affect his or her bid.
Sufficient conditions for bidding
12. Unfavorable natural conditions and artificial obstacles
The Contractor shall be deemed to have correctly ascertained that his bid for the Project and the rates and prices listed in the list of construction works and rates and price lists are correct and sufficient before bidding. This rate and price shall include, in addition to the provisions of this contract, all the obligations of the contractor under this contract and all necessary for the proper construction and maintenance of the project. However, if the contractor encounters natural conditions or artificial obstacles during the course of the project, and such conditions or obstacles are not reasonably foreseeable by an experienced contractor, the contractor shall immediately notify the engineer in writing representative. If the Engineer believes that such conditions or man-made obstacles are not reasonably foreseeable by an experienced contractor, the Engineer shall prove that the Employer shall pay additional costs to the Contractor as a result of such conditions, including The following appropriate and reasonable costs arising from such conditions or obstacles:
Appropriate and reasonable costs incurred in complying with any instructions issued by the Engineer to the Contractor in connection with such circumstances;
And any reasonable and reasonable expenses incurred by the Contractor in connection with any reasonable and reasonable measures approved by the Engineer without the specific instructions of the Engineer.
13. Work must satisfy engineers
In addition to being legally impossible or practically impossible, the contractor must strictly follow the requirements of this contract, build and maintain the project to satisfy the engineer, and perform and strictly follow the engineer's matters concerning or related to the project. Instructions and guidance. The contractor only receives instructions and instructions from the representative of the engineer or engineer.
14. The solution that should be provided
After the contractor’s bid has been accepted, the contractor shall, as requested, submit to the engineer a plan indicating the sequence and method of the steps he has recommended for the project, and the engineer shall approve it and, when requested by the representative of the engineer or engineer, They should be provided with written details of the contractor’s arrangements for the construction of the project and the construction equipment and temporary works that the contractor intends to provide, use or construct. Submission of such a plan to a representative of an engineer or engineer and their approval or provision of such detailed information shall not relieve the contractor of any obligation or liability under this contract.
15. Contractor’s supervisory authority
The Contractor shall give or provide all necessary supervision during the period of the Project and for the period necessary for the Engineer to perform the obligations of the Contractor in accordance with this Contract. The contractor or a designated representative or representative who is legally approved by the engineer shall be resident in the project and shall dedicate his entire time to the supervision of the project. If the engineer revokes the approval, the contractor shall evacuate the processor as soon as possible after receiving written notice of revoking this approval, and may not hire him for any work in the field in the future, and shall be other agents approved by the engineer. People come to replace him. Such designated agent or representative shall, on behalf of the contractor, receive instructions and guidance from a representative of the engineer or engineer.
16. Contractor’s employees
The contractor shall provide and maintain the work and maintenance of the project:
Only technical experts with skills and experience in each of these industries, and assistant agents, foremen and foremen who can properly supervise the work required to supervise them;
And skilled, semi-skilled and unskilled workers necessary for proper and timely implementation and maintenance of the project.
Any person employed by the Contractor for the purpose of or in connection with the conduct or maintenance of the Project shall have the right to object to and request the Contractor if the Engineer considers that the Conduct is improper or incompetent or negligent, or if the Engineer otherwise considers that the employment of the Person is undesirable. The person is immediately removed from the project and the person may not be hired to work on the project without the written permission of the engineer. Any personnel who are evacuated from the project should be replaced by competent replacement personnel approved by the Engineer as soon as possible.
17. Engineering positioning
The Contractor shall be responsible for accurately and correctly positioning the Project in accordance with the original reference points, lines and elevations as specified by the Engineer in writing, and shall be responsible for the correct location elevation, size and alignment of all parts of the Project and shall be responsible for providing all relevant matters. Required instrumentation and labor. If, at any time during the progress of the Project, any part of the Project appears or has experienced any errors in the location elevation, dimensions or alignment, the Contractor shall, at the request of the Engineer or Engineer’s representative, correct the error at his own expense and enable the Engineer to Or the representative of the engineer is satisfied. Unless such error is caused by incorrect data provided by a representative of the engineer or engineer in writing, the cost of correcting such error shall be borne by the employer in this case. A survey of any position or line or work performed by a representative of an engineer or engineer shall in no way relieve the contractor of its responsibility for the accuracy of this position. Therefore, the contractor should carefully protect and maintain all the standard points, gantry plates, stakes and other items used in the positioning of the project.
Drilling and exploration excavation
18. If, at any time during the course of the work, the engineer asks the contractor to drill or conduct an exploration excavation, the request shall be made in writing and unless a provision for such anticipated work is included in the list of construction works. The amount, otherwise, shall be considered as an additional requirement ordered in accordance with the provisions of Article 51 of this file.
19. Guard and lighting
The contractor shall, at the time and place where necessary, or upon the request of the engineer or engineer or upon the request of the legal authority, provide and maintain all lighting, security, barriers and guards for the relevant project to protect the project or guarantee. The safety and convenience of the public or other personnel.
20. Care for the project
From the beginning to the completion of the project, the contractor shall bear full responsibility for the care of the project and all temporary works, except for the exceptional risks specified for any reason, causing any damage or loss to the project or any part or any of the temporary works. Or injury, the original package should be repaired and compensated at its own expense, so that the project is in good condition when completed, and in all respects meet the requirements of this contract and the instructions of the engineer. If any such damage, loss or injury is caused by any exceptional risk, the Contractor shall repair and remedy the requirements of the Engineer and comply with the provisions of Article 65 of this File, as described above, The employer bears. The Contractor shall also be liable for any damages arising out of this work arising out of any work performed by him in order to perform his obligations under Article 49 of this File.
“Exceptional risks” include: war, war action, invasion, action by foreign enemies, rebellion, revolution, riot or military coup or suffocation, civil war or turmoil, turmoil or harassment, or employer’s use or possession of a certificate of completion that has been issued Any part of the project, either entirely due to the engineer's design for the project, or due to any natural forces that are not foreseeable or reasonably prevented by the contractor's reasonable foresight and ability.
21. Engineering insurance, etc.
In the event that the contractor’s obligations and responsibilities under Article 20 of this Archive are not restricted, he shall be responsible for all circumstances arising from him under the terms of this contract in the common name of the Employer and the Contractor. Loss or damage is insured as follows. The scope of insurance for employers and contractors includes the loss of construction or damage during the construction period of the project, including the maintenance period, and the contractor’s performance in accordance with Article 49 of this document. Obligation to undertake any loss or damage caused during the course of any work:
The full value of this type of work carried out at any time for this and temporary works.
The materials, construction equipment and other items transported to the site by the contractor shall be insured according to the full value of such materials, construction equipment and other items.
Such insurance shall be insured against the insurer on conditions approved by the employer, and the contractor shall, upon request, present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer. However, in the event that the above obligations and liabilities of the Contractor are not restricted, nothing under this Article shall obligate the Contractor to insure the repair or reconstruction of any materials used or work that does not comply with the requirements of this Contract.
22. Damage to people and property
The Contractor shall claim all losses and damages or damages to any person or property due to the construction and maintenance of the Project, and shall be responsible for all claims, claims, suits and damages in connection with this. Fees, fees and expenses are compensated to the employer. However, no provision here shall be deemed to render the contractor liable to compensate the employer for any compensation or damages for the following:
The land is permanently used or occupied by the Project or any part thereof or subjected to surface or other damage as described above;
The employer's right to construct the project or any part thereof on or under any land;
The construction of this project in accordance with this contract inevitably creates temporary or permanent impediments to any rights such as lighting, air routes or waterways or other easements or quasi- easements;
Any claim, claim, suit, damages for damage to or damage to person or property caused by any act or negligence of the employer, employer’s agent or employee or other contractor during the period of this contract , various expenses and expenses.
However, it must also be provided that, for the purposes of this Article, the term “on-site” shall be considered to be limited only to the extent specified in the specification or on the drawings in which the land and crops are inevitably obstructed or damaged as a result of carrying out the work.
The Employer shall protect the Contractor from losses and provide compensation to the Contractor for all claims, claims, litigation, damages, fees and expenses relating to the matters referred to in the restrictive provisions of paragraph 1 of this Article.
23. Third party insurance
Before the commencement of the Project, the Contractor shall, for the prevention of any matter not mentioned in the restrictive clauses of Article 22 of this Archive, in the course of carrying out the Project or Temporary Works or in the execution of this Contract, Property or insurance against any damage, loss or injury to any person.
The minimum amount of third-party insurance: This insurance shall be insured against the insurer according to the conditions approved by the employer and at least according to the amount stated in the tender. The contractor shall, upon request, present the insurance policy and payment form to the representative of the engineer or engineer. A receipt for the premium.
24. Workers suffer from work accidents
Any damages or compensation payable in accordance with the law for any worker or other person employed by the contractor or any subcontractor, except as a result of any act or breach of contract by the employer, employer’s agent or employee The employer shall not be liable for any work-related accidents, and the contractor shall compensate the employer for all such damages and compensation and for all claims, claims, litigation, fees and expenses related thereto. .
The Contractor shall insure this liability to the insurer approved by the Employer and shall continue to do so during the period in which he employs any person to work in the Project. If required, the Engineer shall be presented to the Engineer or Engineer’s representative. A receipt for the payment of the current premium. However, for any person employed by any subcontractor, if the subcontractor has been liable for the compensation of the person in accordance with the insurance policy, the contractor shall perform the above insurance in accordance with this paragraph. The obligation shall be performed, but the contractor shall require the subcontractor to present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer upon request.
25. Remedies for the contractor’s insured
In the event that the contractor does not insure and keeps the insurance referred to in sections 21, 23 and 24 of this document or any other insurance that is insured by him under the terms of this contract, The employer may insure and keep any such insurance items valid and pay the premiums necessary for this purpose and deduct the amount paid by the above employer from the amount due or payable to the contractor at any time. Or, as a debt due, reclaimed from the contractor.
26. Send notifications and payment
The Contractor shall comply with any national or state statutes or other laws relating to the performance of the Project or any temporary works, or the requirements of any local authority or other legal authority's rules or regulations, and in accordance with its property or rights in any respect. All public bodies and company rules and regulations that are or may be affected by this project or any temporary works, issue all due notices and pay all fees payable.
The Contractor shall comply in all respects with any of the above-mentioned regulations, statutes or laws applicable to the Project or any temporary works, or the rules and regulations of any local authority or other legal authority, and the rules of the public bodies and companies mentioned above. And the rules and regulations, and to compensate the employer for all fines and various liability for violation of any such laws, statutes and laws, rules or regulations. However, all payments for such fees that are certified by the Engineer to be properly due and paid by the Contractor shall be paid back to the Contractor by the Employer.
27. Fossils, cultural relics, etc.
All fossils, coins, valuable objects or artifacts and buildings discovered at the site of the project, as well as other valuables or objects that are valuable in geology or archaeology, should be considered absolute by the employer and the contractor. Property, the contractor shall take reasonable precautions to prevent other workers or any other person from moving or damaging any such items, and shall notify the representative of the engineer of the discovery immediately before the item is discovered and before moving. The instructions of the representative of the engineer deal with such items at the expense of the employer.
28. Patent and royalty
The Contractor shall infringe any patents, designs, trademarks or names or other rights of protection against any construction equipment, machinery, tools or materials used in this Project or in the Temporary Works or any part thereof, And protect all employers from all damages and damages and compensation to employers in respect of any claims, claims, litigation, damages, fees and expenses. Except as otherwise provided, the Contractor shall pay all tonnage and other royalties, rents, and other payments or compensation for the stones, sand, gravel, earth or other materials required for the acquisition of the Project or the Temporary Works or any part thereof. .
29. Obstructing traffic and adjacent property
All operations necessary for the construction and any temporary construction shall be carried out to the extent permitted by the requirements of this contract, so as to avoid unnecessarily or unduly impeding the public's convenience or obstructing the access and use of public and private roads and The sidewalk or the property owned by the employer or any other person, the contractor shall be responsible for all claims, claims, litigation, damages, fees, etc. arising out of or relating to any such liability as the contractor is responsible for. And expenses to protect employers from damage and to compensate employers.
30. Temporary transportation
The Contractor shall take all reasonable measures to prevent any damage to the Contractor or any of its subcontractors from damaging or injuring any road or bridge that is on-site or on the way to the site, in particular selecting routes, selecting and using vehicles and limiting and The load is distributed to limit as much as possible the temporary transportation that is inevitably generated by transporting equipment and materials out of the field, and the roads and bridges are not subjected to unnecessary damage or injury.
Special load: If the contractor deems it necessary to carry a vehicle or a number of vehicle construction equipment machinery or prefabricated parts or working parts through part of a road or bridge, such movement is likely to damage the road or bridge unless the road or bridge is In particular for protection or reinforcement, the contractor shall notify the engineer or engineer representative of the weight and other details to be carried and his advice to protect or reinforce the road or bridge before the vehicle or road is opened. If the Engineer does not indicate to the contrary within 14 days of the notification that the protection or reinforcement is unnecessary, the Contractor may implement the recommendation or the Engineer's proposed modifications. Also, unless the work required for the protection or reinforcement described above is included in the list of construction works proposed by the contractor for pricing, the cost or expense shall be paid by the employer to the contractor.
Disposal of Temporary Shipping Claims: If during the course of the Project or at any time thereafter, the Contractor receives any claim for damage or injury to the road or bridge resulting from the performance of the Project. The reporting engineer should be immediately notified, and then the employer should pay for all of the claims, negotiate settlements, and pay all amounts payable, and all claims, claims, litigation, damages, costs, and expenses in this regard. , to the contractor to compensate. However, if the Engineer believes that any such claim or part of it is due to the Contractor’s failure to comply with and perform its obligations under paragraph (b) of this Article, the Engineer has certified that the Contractor has not complied with or fulfilled the above obligations. The amount of compensation should be paid by the contractor to the employer.
Waterway transportation: If the contractor is required to use waterway transportation due to the nature of the project, the above provisions of this Article shall be interpreted as: “Highway” includes sluice gates, docks, breakwaters or other buildings associated with waterways, while “vehicles” Including ships and should have corresponding effectiveness.
31. Opportunities for other contractors
The Contractor shall, at the request of the Engineer, work for any other contractor employed by the Employer and his workers, and for the employer and any other legal authority to perform any work not included in this contract on or near the Site. Or any worker signed by the employer relating to or affiliated with the contract of the Project, providing all reasonable opportunities to carry out his work. However, if the contractor, at the written request of the representative of the engineer or engineer, provides any such other contractor or employer or any such authority with any road or road maintained by the contractor, or allows them to use the contractor on site. The scaffolding or other equipment, or providing them with other services of any nature, shall be paid by the Employer for such use or service to the Contractor at such amount as the Engineer considers reasonable.
32. Supply of equipment, materials and labor
Unless otherwise specified, the Contractor shall, at its own expense, supply and provide all construction materials, temporary works, temporary and permanent materials, materials, labor, on-site and transportation within and around the Project, and for this Project. All other items required for construction, construction and maintenance.
33. Cleaning of the completion site
When the project is completed, the contractor shall remove and evacuate all construction equipment, surplus materials, waste grades and various temporary works from the site, so that the entire site and project are clean and in good condition, so that the engineers are satisfied.
labor force
34. Employment of the workforce
The Contractor shall arrange for the employment of all local or foreign laborers, except as otherwise provided in this contract, and arrange for transportation, accommodation, meals and payment of wages.
Water supply: The contractor shall, if reasonably practicable, supply sufficient drinking water and other water to the contractor's staff and workers in accordance with local conditions, so that the representative of the engineer is satisfied.
Alcohol or Drug: The Contractor shall not import, sell, give away, physically trade or otherwise deal with any alcohol or drug in violation of current laws and regulations and government regulations or orders, or allow or tolerate the import of its subcontractors, agents or employees. , sell, give away, trade in kind or handle such items.
Weapons and ammunition: The contractor shall not exchange any weapons or any kind of ammunition or other treatment with any person, or allow or tolerate such exchange or treatment.
節日和宗教習慣：承包人對待他所雇用的一切工人，應適當尊重一切公認的休息節日和宗教方面或其他方面的習慣。
流行病：如果發生任何流行病，承包人應遵守和執行政府或當地醫療衛生當局為處理和撲滅此種疾病而制定的條例、命令和要求。
妨害治安行為等：承包人應隨時採取一切合理的預防措施，防止其雇員出現任何非法的動亂或妨害治安行為，以維持治安和保護本工程鄰近的人員和財產免遭上述動亂或行為的妨害。
分包人遵守事項：承包人應對其分包人遵守上述各項規定承擔責任。
任何有關工人和工資的其他條件，應視需要和第二部分第34條第、等款所列。
35.關於工人等情況的申報
承包人如經工程師要求，應按工程師規定的格式和間隔時間向工程師的代表或其辦事處提交詳細報告書，說明承包人各個時候在現場上雇用的管理人員和各級工人的數目，以及工程師的代表要求有關僱工數目的資料。
材料與做工
36.材料與做工的質量和試驗
一切材料和做工均應屬於契約規定的各該種類並符合工程師的指示，並應不時接受工程師在製造或製作地點或在現場或在所有任何這類地點指導進行的試驗。承包人應提供為檢查、測量和試驗任何工作及所用的任何材料的質量、重量或數量，所通常需要協助的儀器、機械、勞力和材料，並應按工程師的選擇和要求，在把材料投入本工程以前，提供材料的樣品供試驗。
樣品費用：如果說明書或建築工程清單中明確意指或規定提供樣品，則全部樣品的提供應由承包人自行承擔費用，否則應由僱主承擔費用。
試驗費用：進行任何試驗的費用，如果說明書或建築工程清單中明確意指或規定進行這種試驗，並且這種試驗在說明書或建築工程清單中已詳細列出，足以使承包人能在其投標中予以定價或估算在內，則應由承包人負擔。
未規定的試驗等的費用：如果工程師命令進行的任何試驗，屬於下列情況之一者：
a）並非意指或規定進行的試驗；
b）或未詳細列出的試驗；
c）或雖意指或規定進行，但工程師命令，要由一名獨立的人員在除了現場或受試驗材料的製造或製作地點以外的任何地點進行試驗。
如果試驗結果表明，該做工或材料不符合本契約的規定或工程師的指示，則此項試驗費用應由承包人負擔，否則由僱主負擔。
37.進入現場
工程師和他所授權的任何人應能隨時進入本工程和現場，以及進入正在為本工程進行工作或提供材料、製成品和機械的一切車間和地方，承包人應為他們進入這些地方或獲得進入的權利提供一切便利和協助。
38.在覆蓋以前對工程的檢查
任何工作未經工程師或工程師的代表認可不得予以覆蓋或置於視線之外，承包人應提供充分機會由工程師或工程師的代表檢查和測量任何將要覆蓋或置於視線之外的工作，並在水久性工程就位以前檢查其基礎。承包人應在任何這種工程或基礎準備就緒或即將準備就緒以供檢查時，及時通知工程師的代表，而工程師的代表除非認為此項檢查沒有必要並相應通知承包人，否則應為檢查和測量該工程或檢查該基礎的目的而出席，不得無理拖延。
移去覆蓋物和打開：承包人應按工程師不時作出的指示，將本工程任何部分移去覆蓋物或從中打開，並應使各該部分恢復原狀和修補好，使工程師滿意。如果任何各該部分是在依照本條第款的要求執行後予以覆蓋或置於視線之外的，並經認為是按照本契約進行的，則將其移去覆蓋物、從中打開、恢復原狀和修補等各項費用均應由僱主負擔，但在任何其他情況下，所有上述各項費用均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
39.清除不適當的工作和材料
工程師在本工程進行過程中應有權隨時發出書面命令：
a）在該命令規定的時間內從現場清除工程師認為不符合本契約要求的任何材料；
b）代之以適當的和合適的材料；
c）並拆除工程師認為其材料或做工不符合本契約要求的任何工程，並按要求重建。
承包人違約
如果承包人拖欠不執行上述命令，僱主有權雇用其他人員進行此項工作並付給工資，由此產生的或伴隨而來的一切費用開支均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
40.工程暫停
承包人應在接到工程師的書面命令時，按工程師認為必要的時間和方式，暫停進行本工程或其中的任何部分，並應在暫停時間，在工程師認為必要的情況下適當地保護本工程並保證其安全。承包人在根據本條規定執行工程師的指示方面所招致的額外費用，包括所有現場應支付的日常工資、薪水、設備的折舊和保養、現場的雜費和本契約的一般管理費，均應由僱主負擔和支付，除非這種暫停是：
a）本契約另有規定者；
b）或為適當進行本工程所必需者，或由於天氣條件影響本工程的安全和質量，或由於承包人方面的違約；
c）或為本工程或其中任何部分的安全所必需者。
但是，除非承包人在接到工程師的命令後的28天內將其索賠意向以書面通知工程師，否則承包人將無權索還任何此種額外費用。工程師應就其認為是公平合理的“索賠要求”，解決和決定應付給承包人的這種額外款項。
如果根據工程師書面命令本工程或其中任何部分的進展暫停一段時期或連續幾段時間總計達90天，或者如查工程師在先前已發出為期不到90天的暫停命令以後，又在這一暫停期限屆滿時起不到90天以內，再次發出不論是關於整個工程的或是影響或包括本工程的一部分的暫停命令，則在上述任何情況下，承包人可以送交工程師一份書面通知，要求工程師在接到此通知後的28天內許可繼續進行已暫停進行的本工程或其中的一部分。如果未在上述時間內給予這種許可，承包人通過再送一份書面通知，可以選擇如下：如果此項暫停僅影響本工程的一部分，則按本檔案第51條的規定刪除該部分對待；如果此項暫停涉及整個工程，則按僱主放棄本契約對待。
開工時間和遲延
41.工程的開始
承包人在接到工程師有關開工的書面命令後，應在投標書指定的期限內，在現場開始本工程，並應以應有的速度進行，不得遲延，但如有工程師明文批准或命令者或安全屬於非承包人所能控制的原因者除外。
42.現場的占有
除本契約可規定應讓承包人隨時占有的現場各部分的範圍和各該部分應向承包人提供的順序以外，在遵照本契約關於本工程進行順序的任何要求的條件下，僱主將隨著工程師發出開始本工程的書面命令，讓承包人占有為使承包人能按照本檔案第14條所提到的方案或者按照承包人應以書面通知向工程師提出的合理建議，開始和繼續本工程施工所需要的現場各部分，並將隨著工程的進展，隨時讓承包人占有為使承包人能按照上述方案或建議以應有的速度進行本工程施工所進一步需要的現場各部分。如果由於僱主方面沒有按照本條規定讓承包人占有現場各部分而使承包人招致遲延或費用開支，工程師應準許延長工程完成時間，並證明他認為是公平合理的對所招致開支的償付金額，該金額應由僱主支付。
道路通行權等：承包人應為取得他所需要的有關進入現場的特別的或臨時的道路通行權負擔一切開支和費用。承包人還應自費提供他為本工程的目的所需要的在現場以外的任何附加設施。
43.竣工的時間
在遵照說明書中有關本工程的任何部分應在整個工程竣工前完工的任何要求的條件下，本工程應在投標書所指定的時間內全部竣工，從投標中所指定的開工期限的最後1天起算，或根據檔案第44條允許的延長時間計算。
44.竣工期限的延長
如果任何額外的或追加的工作量，或可能發生的不論何種其他特殊情況，使承包人有正當權利延長竣工時間，工程師應確定這種延長時日。但是，工程師並無義務要考慮任何額外的或追加的工作或其他特殊情況，除非承包人在這種工作開始後或這種情況出現後的28天內，或其後儘快地向工程師的代表遞交有關他認為自己有權延長時間的任何權利主張的充分而詳細的材料，以便當時能對該權利主張作出調查。
This contract is signed by both parties as follows:
1.________ City ________; Representative: ________
2.________ Overseas Engineering Department of Construction Engineering Contracting Company; Manager ____ Mr.
place of birth:________
Country of Citizenship:________
Headquarters: ________________ City
Address in ________ country: ________ mailbox
In view of the ________________ to be constructed by Party A, Party B's quotation has been accepted by the ________ Tendering Committee on ________________________________________________________________________________________________________________________ According to the resolution of ____________________________________________________________________________________________________________________________________________________________________
Contract content
Party B shall completely and accurately construct the ________________ in ________ City in accordance with the written agreement on the terms of the contract, technical specifications, design drawings, engineering scales, price lists and contract terms.
Party B admits that he has a correct understanding of the text and subsidiary files of the contract. On this basis, he agrees to sign the contract and construct it according to the contract.
All of the above files and affiliate files are an integral part of this contract.
Contract amount
The total amount of this contract is ________. The ratio to the US dollar is 70%.
This amount is calculated by multiplying the actual unit quantity by the unit price, which means the “estimate project”. As for the "segmentation project", the payment is made according to the interim report, and the method for writing the interim report should be agreed by both parties in the contract. The payment to Party B shall be in accordance with the provisions of the contract and its subsidiary files.
The contract price is fixed. It includes all the expenses, expenses, obligations and various taxes borne by Party B for the construction, including the engineering maintenance costs incurred due to poor construction and the warranty and maintenance fees stipulated during the contract period. Party B has no right to request to increase the contract price for any reason, such as rising market prices, floating currency prices, rising living expenses, higher wage bases, adjustment of tax laws, customs duties and taxes, and new tax increases in ________ countries or abroad.
Duration
Party B must complete the construction of all the contracted works within ____ days from the date of the handover of the site in accordance with the description of the attached file No. ____ of this contract. Official holidays are included in the construction period. If Party B believes that it cannot be completed on time due to some irresistible reasons, Party B may notify Party A in writing to explain the reason and request to increase the time limit. If Party B confirms that these reasons exist, the contract term may be extended as appropriate.
Handover site
According to the notice issued by Party A to Party B, the site shall be handed over, and a summary shall be signed at the time of handover, and each party shall hold one copy. If Party B or its representative at the receiving venue is absent from the time limit specified in the notice, Party A may draft the minutes as usual and send a copy of the minutes to Party B. The date of drafting the minutes is equal to the time when Party B receives the venue.
View site
Party B acknowledged that the land and surrounding environment had been reviewed before signing the contract, and all the conditions related to the construction or have an impact on the construction, such as geological soil conditions, water sources, local climate conditions, roads, traffic flow, and labor supply scope. Wait. Party B is responsible for the consequences arising from these factors.
Performance bond
Party B shall, within 30 days from the second day after being notified of the winning bid, temporarily deposit the performance bond with Party A, the amount is 20% of the total amount of the contract, or supplement the previously temporarily held bid bond to the above ratio within the specified period. The contract will only impose obligations on Party A after the deposit is paid.
There may be a cash, credit check, or a letter of guarantee in accordance with the conditions stipulated in Article 11 of the contract conditions. The letter of guarantee must be valid throughout the execution period of the contract, until the final delivery of the project.
The deposit is always kept by Party A as a guarantee for Party B to complete the construction and fulfill Party A's rights. Party B shall, after Party A sends a registered letter, make up the deposit in up to one month in the same amount that may be deducted. Otherwise, Party A has the right to confiscate the balance of the deposit or withdraw the project from Party B. Party B shall bear the expenses for the construction. Party A has the right to make a claim, as long as it is notified to Party B by registered mail, without resorting to the court or taking other measures.
Party A has the right to claim the debts owed by Party B from any proceeds of this contract.
Party A: ________________________________
representative:________
________year month day
Party B: ________________________________
representative:________
________year month day
Civil engineering contractual conditions
Part I Common conditions
Definition and interpretation
Definition
The following words and terms in this contract, unless otherwise required by the text, shall have the meanings specified herein:
“Employer” means the party named in the second part of the contract conditions that has been tendered for the construction, installation or delivery of the project and will be employed by the party and the employer in the name of the employer, excluding any assignee of the employer. .
“Contractor” means a person or persons, firm or company whose bid has been accepted by the employer and includes the private representative, successor and licensed assignee of the contractor.
“Engineer” means an engineer designated in Part II, or an engineer appointed by the Employer at any time and in writing to the Contractor to replace the designated Engineer for the purposes of this contract and to act as an Engineer.
“Representative of an Engineer” means an assistant to a construction engineer or engineer, or any engineer who is assigned by the employer or engineer at any time to perform the duties specified in Article 2 of this Archive, whose authority shall be notified to the Contractor in writing by the Engineer. .
“Engineering” means the work to be carried out in accordance with this contract.
“Contract” means contract conditions, specifications, drawings, list of construction works, price and price lists, tenders and contractual agreements.
“Contracted price” means the amount specified in the tender but which is increased or decreased according to the provisions set out below.
“Construction Equipment” means all equipment, equipment, or the like, required for the construction, completion or maintenance of this Project or Temporary Works, but does not include materials intended to constitute or are forming part of a permanent project or Everything else.
“Temporary Works” means all kinds of temporary works required for the conduct, construction or maintenance of this Project.
“Drawings” means the drawings referred to in the specification and any modifications made to the drawings by the Engineer in writing, as well as other drawings provided by the Engineer at any time or in writing.
“Site” means the land and other sites on which the Works are to be carried out, under or in the Works, and any other premises provided by the Employer for the purposes of this Agreement, together with other venues specifically designated as part of the Site in this Agreement. Other land or place.
“Approved” means approved in writing, including subsequent written confirmation of prior oral approval; and “approval” means written approval, including the above.
Singular and plural
In the context of the text, only words that indicate singular numbers also include plurals, and vice versa.
Subtitle or comment next to the page
Subpage headings or notes in these general conditions shall not be considered part of the terms of this contract, nor as a consideration in interpreting these common conditions or this contract.
Representative of the engineer
2. Responsibility and authority of the representative of the engineer
The responsibility of the representative of the engineer is to inspect and supervise the project, and to test and inspect the materials and workmanship required for the project. He has no right to waive any liability or obligation of the Contractor under this Agreement, except as otherwise expressly provided in this document or elsewhere in this contract, he has no right to order any work that would cause delay or to instruct the Employer to make any additional Payment, and no changes can be made to this project.
Engineers may delegate any authority and authority granted to the Engineer to the Engineer's representative at any time in writing and shall submit a copy of all such powers and authorized written assignments to the Contractor. Any written instruction or approval given by the Engineer's representative to the Contractor within such commission shall be binding on the Contractor and the Employer as the Engineer's indicators or approvals. However, it must be conditional on:
The representative of the Engineer does not disapprove any work or materials and does not prejudice the Engineer's power not to endorse the work or materials and order them to be overturned, removed or demolished.
If the contractor is dissatisfied with any decision made by the representative of the engineer, he shall have the right to refer the matter to the engineer, who shall immediately confirm, revoke or change the decision.
Transfer and subcontracting
3. Transfer
The Contractor shall not assign this Agreement or any part of or any benefit or benefit of this Contract without the prior written consent of the Employer.
4. Subcontracting
The contractor may not subcontract the entire project. Except as otherwise provided in this contract, the contractor shall not subcontract any component of the project without the prior written consent of the engineer. If agreed, the contractor shall not be excused from any liability or obligation assumed by the contractor under this contract. The contractor The actions, defaults and omissions of any subcontractor or subcontractor’s agent, employee or worker are as full as the actions of the contractor or the contractor’s agent, employee or worker, breach of contract or negligence. . However, the provision of labour by piece-by-piece means should not be considered a subcontract as described in this article.
Scope of the contract
5. The scope of the contract
This contract includes the construction, construction and maintenance of this project. Except as otherwise provided in this contract, it also includes the provision of the provisions required by this contract or reasonably inferred from this contract that is required for the construction, construction and maintenance of the project. All labor, materials, construction equipment, temporary works and everything, whether temporary or permanent.
Contract file
6. Language
The language used to develop this contractual file shall be stated in the second part. If the contract file is written in more than one language, the language in which the contract is based shall be specified in the second part, ie The "main language."
Mutual interpretation of files: Except as otherwise provided in this contract, the provisions of the common conditions and special conditions shall be the dominant provisions of the provisions of any other files that form part of this contract, under the above conditions, constitute Certain files of this contract shall be deemed to interpret each other. If the meaning is unclear or inconsistent, it shall be interpreted and transferred by the engineer. The engineer shall give instructions to the contractor to indicate the manner in which it should be used. Complete the work. However, if the Engineer believes that any costs incurred by the Contractor in accordance with any such instructions are not clear or inconsistent in the sense of the Archives and are not and are not justified by the Contractor, the Engineer shall Proof that the employer should pay this additional amount at an amount that would reasonably be affordable.
7. Maintenance of drawings
The drawings shall be kept by the engineer separately, but the contractor shall provide 2 copies of the drawings free of charge. If the contractor needs more copies, it shall be provided and produced by the contractor at his own expense. Upon completion of this contract, the Contractor shall return all drawings provided under this Contract to the Engineer.
The Contractor shall give appropriate representation to the Engineer or Engineer's representative in respect of any drawings or instructions required to perform any work or other matter required under this Contract.
A copy of the drawing should be kept on site.
One of the above-mentioned copies of the drawings provided to the Contractor shall be kept on site by the Contractor and shall be inspected and used by the Engineer, the representative of the Engineer and any other person authorized in writing by the Engineer at all appropriate times.
8. Further drawings and instructions
The Engineer shall have full authority to provide the Contractor with drawings and instructions that must be further provided for the proper and proper conduct and maintenance of the Project during the course of the Project, and the Contractor shall execute and be bound by it.
General obligation
9. Contractual agreement
When the contractor is invited to make a contract, the contractual agreement shall be signed in the form listed in the subsidiary file and subject to necessary modifications.
10. Performance bond
If the tender states, the contractor undertakes to obtain a guarantee from an insurance company or bank when needed or to provide two suitable and well-guaranteed guarantors, together with the contractor, bears the responsibility to the employer jointly and severally, not exceeding If the amount of 10% of the bid amount is performed in accordance with the conditions of the guarantee, the insurance company or the bank or guarantor and the guarantee shall be approved by the employer. The costs of obtaining such a guarantee or providing such a guarantor and such a bond to be entered shall be borne by the contractor, except as otherwise provided in this contract.
11. On-site inspection
The tender shall be considered to be based on data on hydrological, climatic and natural conditions that the employer should provide in the file submitted to the contractor for the purpose of the tender. However, the contractor shall inspect and inspect the site and its surroundings, and shall clearly ascertain the shape and nature of the site, the quantity and nature of the work and materials necessary to complete the project, the means of transport entering the site, and him before submitting the tender. In general, he/she should personally obtain all necessary information about risks, accidents and other circumstances that may affect his or her bid.
Sufficient conditions for bidding
12. Unfavorable natural conditions and artificial obstacles
The Contractor shall be deemed to have correctly ascertained that his bid for the Project and the rates and prices listed in the list of construction works and rates and price lists are correct and sufficient before bidding. This rate and price shall include, in addition to the provisions of this contract, all the obligations of the contractor under this contract and all necessary for the proper construction and maintenance of the project. However, if the contractor encounters natural conditions or artificial obstacles during the course of the project, and such conditions or obstacles are not reasonably foreseeable by an experienced contractor, the contractor shall immediately notify the engineer in writing representative. If the Engineer believes that such conditions or man-made obstacles are not reasonably foreseeable by an experienced contractor, the Engineer shall prove that the Employer shall pay additional costs to the Contractor as a result of such conditions, including The following appropriate and reasonable costs arising from such conditions or obstacles:
Appropriate and reasonable costs incurred in complying with any instructions issued by the Engineer to the Contractor in connection with such circumstances;
And any reasonable and reasonable expenses incurred by the Contractor in connection with any reasonable and reasonable measures approved by the Engineer without the specific instructions of the Engineer.
13. Work must satisfy engineers
In addition to being legally impossible or practically impossible, the contractor must strictly follow the requirements of this contract, build and maintain the project to satisfy the engineer, and perform and strictly follow the engineer's matters concerning or related to the project. Instructions and guidance. The contractor only receives instructions and instructions from the representative of the engineer or engineer.
14. The solution that should be provided
After the contractor’s bid has been accepted, the contractor shall, as requested, submit to the engineer a plan indicating the sequence and method of the steps he has recommended for the project, and the engineer shall approve it and, when requested by the representative of the engineer or engineer, They should be provided with written details of the contractor’s arrangements for the construction of the project and the construction equipment and temporary works that the contractor intends to provide, use or construct. Submission of such a plan to a representative of an engineer or engineer and their approval or provision of such detailed information shall not relieve the contractor of any obligation or liability under this contract.
15. Contractor’s supervisory authority
The Contractor shall give or provide all necessary supervision during the period of the Project and for the period necessary for the Engineer to perform the obligations of the Contractor in accordance with this Contract. The contractor or a designated representative or representative who is legally approved by the engineer shall be resident in the project and shall dedicate his entire time to the supervision of the project. If the engineer revokes the approval, the contractor shall evacuate the processor as soon as possible after receiving written notice of revoking this approval, and may not hire him for any work in the field in the future, and shall be other agents approved by the engineer. People come to replace him. Such designated agent or representative shall, on behalf of the contractor, receive instructions and guidance from a representative of the engineer or engineer.
16. Contractor’s employees
The contractor shall provide and maintain the work and maintenance of the project:
Only technical experts with skills and experience in each of these industries, and assistant agents, foremen and foremen who can properly supervise the work required to supervise them;
And skilled, semi-skilled and unskilled workers necessary for proper and timely implementation and maintenance of the project.
Any person employed by the Contractor for the purpose of or in connection with the conduct or maintenance of the Project shall have the right to object to and request the Contractor if the Engineer considers that the Conduct is improper or incompetent or negligent, or if the Engineer otherwise considers that the employment of the Person is undesirable. The person is immediately removed from the project and the person may not be hired to work on the project without the written permission of the engineer. Any personnel who are evacuated from the project should be replaced by competent replacement personnel approved by the Engineer as soon as possible.
17. Engineering positioning
The Contractor shall be responsible for accurately and correctly positioning the Project in accordance with the original reference points, lines and elevations as specified by the Engineer in writing, and shall be responsible for the correct location elevation, size and alignment of all parts of the Project and shall be responsible for providing all relevant matters. Required instrumentation and labor. If, at any time during the progress of the Project, any part of the Project appears or has experienced any errors in the location elevation, dimensions or alignment, the Contractor shall, at the request of the Engineer or Engineer’s representative, correct the error at his own expense and enable the Engineer to Or the representative of the engineer is satisfied. Unless such error is caused by incorrect data provided by a representative of the engineer or engineer in writing, the cost of correcting such error shall be borne by the employer in this case. A survey of any position or line or work performed by a representative of an engineer or engineer shall in no way relieve the contractor of its responsibility for the accuracy of this position. Therefore, the contractor should carefully protect and maintain all the standard points, gantry plates, stakes and other items used in the positioning of the project.
Drilling and exploration excavation
18. If, at any time during the course of the work, the engineer asks the contractor to drill or conduct an exploration excavation, the request shall be made in writing and unless a provision for such anticipated work is included in the list of construction works. The amount, otherwise, shall be considered as an additional requirement ordered in accordance with the provisions of Article 51 of this file.
19. Guard and lighting
The contractor shall, at the time and place where necessary, or upon the request of the engineer or engineer or upon the request of the legal authority, provide and maintain all lighting, security, barriers and guards for the relevant project to protect the project or guarantee. The safety and convenience of the public or other personnel.
20. Care for the project
From the beginning to the completion of the project, the contractor shall bear full responsibility for the care of the project and all temporary works, except for the exceptional risks specified for any reason, causing any damage or loss to the project or any part or any of the temporary works. Or injury, the original package should be repaired and compensated at its own expense, so that the project is in good condition when completed, and in all respects meet the requirements of this contract and the instructions of the engineer. If any such damage, loss or injury is caused by any exceptional risk, the Contractor shall repair and remedy the requirements of the Engineer and comply with the provisions of Article 65 of this File, as described above, The employer bears. The Contractor shall also be liable for any damages arising out of this work arising out of any work performed by him in order to perform his obligations under Article 49 of this File.
“Exceptional risks” include: war, war action, invasion, action by foreign enemies, rebellion, revolution, riot or military coup or suffocation, civil war or turmoil, turmoil or harassment, or employer’s use or possession of a certificate of completion that has been issued Any part of the project, either entirely due to the engineer's design for the project, or due to any natural forces that are not foreseeable or reasonably prevented by the contractor's reasonable foresight and ability.
21. Engineering insurance, etc.
In the event that the contractor’s obligations and responsibilities under Article 20 of this Archive are not restricted, he shall be responsible for all circumstances arising from him under the terms of this contract in the common name of the Employer and the Contractor. Loss or damage is insured as follows. The scope of insurance for employers and contractors includes the loss of construction or damage during the construction period of the project, including the maintenance period, and the contractor’s performance in accordance with Article 49 of this document. Obligation to undertake any loss or damage caused during the course of any work:
The full value of this type of work carried out at any time for this and temporary works.
The materials, construction equipment and other items transported to the site by the contractor shall be insured according to the full value of such materials, construction equipment and other items.
Such insurance shall be insured against the insurer on conditions approved by the employer, and the contractor shall, upon request, present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer. However, in the event that the above obligations and liabilities of the Contractor are not restricted, nothing under this Article shall obligate the Contractor to insure the repair or reconstruction of any materials used or work that does not comply with the requirements of this Contract.
22. Damage to people and property
The Contractor shall claim all losses and damages or damages to any person or property due to the construction and maintenance of the Project, and shall be responsible for all claims, claims, suits and damages in connection with this. Fees, fees and expenses are compensated to the employer. However, no provision here shall be deemed to render the contractor liable to compensate the employer for any compensation or damages for the following:
The land is permanently used or occupied by the Project or any part thereof or subjected to surface or other damage as described above;
The employer's right to construct the project or any part thereof on or under any land;
The construction of this project in accordance with this contract inevitably creates temporary or permanent impediments to any rights such as lighting, air routes or waterways or other easements or quasi- easements;
Any claim, claim, suit, damages for damage to or damage to person or property caused by any act or negligence of the employer, employer’s agent or employee or other contractor during the period of this contract , various expenses and expenses.
However, it must also be provided that, for the purposes of this Article, the term “on-site” shall be considered to be limited only to the extent specified in the specification or on the drawings in which the land and crops are inevitably obstructed or damaged as a result of carrying out the work.
The Employer shall protect the Contractor from losses and provide compensation to the Contractor for all claims, claims, litigation, damages, fees and expenses relating to the matters referred to in the restrictive provisions of paragraph 1 of this Article.
23. Third party insurance
Before the commencement of the Project, the Contractor shall, for the prevention of any matter not mentioned in the restrictive clauses of Article 22 of this Archive, in the course of carrying out the Project or Temporary Works or in the execution of this Contract, Property or insurance against any damage, loss or injury to any person.
The minimum amount of third-party insurance: This insurance shall be insured against the insurer according to the conditions approved by the employer and at least according to the amount stated in the tender. The contractor shall, upon request, present the insurance policy and payment form to the representative of the engineer or engineer. A receipt for the premium.
24. Workers suffer from work accidents
Any damages or compensation payable in accordance with the law for any worker or other person employed by the contractor or any subcontractor, except as a result of any act or breach of contract by the employer, employer’s agent or employee The employer shall not be liable for any work-related accidents, and the contractor shall compensate the employer for all such damages and compensation and for all claims, claims, litigation, fees and expenses related thereto. .
The Contractor shall insure this liability to the insurer approved by the Employer and shall continue to do so during the period in which he employs any person to work in the Project. If required, the Engineer shall be presented to the Engineer or Engineer’s representative. A receipt for the payment of the current premium. However, for any person employed by any subcontractor, if the subcontractor has been liable for the compensation of the person in accordance with the insurance policy, the contractor shall perform the above insurance in accordance with this paragraph. The obligation shall be performed, but the contractor shall require the subcontractor to present the insurance policy and a receipt for payment of the current insurance premium to the representative of the engineer or engineer upon request.
25. Remedies for the contractor’s insured
In the event that the contractor does not insure and keeps the insurance referred to in sections 21, 23 and 24 of this document or any other insurance that is insured by him under the terms of this contract, The employer may insure and keep any such insurance items valid and pay the premiums necessary for this purpose and deduct the amount paid by the above employer from the amount due or payable to the contractor at any time. Or, as a debt due, reclaimed from the contractor.
26. Send notifications and payment
The Contractor shall comply with any national or state statutes or other laws relating to the performance of the Project or any temporary works, or the requirements of any local authority or other legal authority's rules or regulations, and in accordance with its property or rights in any respect. All public bodies and company rules and regulations that are or may be affected by this project or any temporary works, issue all due notices and pay all fees payable.
The Contractor shall comply in all respects with any of the above-mentioned regulations, statutes or laws applicable to the Project or any temporary works, or the rules and regulations of any local authority or other legal authority, and the rules of the public bodies and companies mentioned above. And the rules and regulations, and to compensate the employer for all fines and various liability for violation of any such laws, statutes and laws, rules or regulations. However, all payments for such fees that are certified by the Engineer to be properly due and paid by the Contractor shall be paid back to the Contractor by the Employer.
27. Fossils, cultural relics, etc.
All fossils, coins, valuable objects or artifacts and buildings discovered at the site of the project, as well as other valuables or objects that are valuable in geology or archaeology, should be considered absolute by the employer and the contractor. Property, the contractor shall take reasonable precautions to prevent other workers or any other person from moving or damaging any such items, and shall notify the representative of the engineer of the discovery immediately before the item is discovered and before moving. The instructions of the representative of the engineer deal with such items at the expense of the employer.
28. Patent and royalty
The Contractor shall infringe any patents, designs, trademarks or names or other rights of protection against any construction equipment, machinery, tools or materials used in this Project or in the Temporary Works or any part thereof, And protect all employers from all damages and damages and compensation to employers in respect of any claims, claims, litigation, damages, fees and expenses. Except as otherwise provided, the Contractor shall pay all tonnage and other royalties, rents, and other payments or compensation for the stones, sand, gravel, earth or other materials required for the acquisition of the Project or the Temporary Works or any part thereof. .
29. Obstructing traffic and adjacent property
All operations necessary for the construction and any temporary construction shall be carried out to the extent permitted by the requirements of this contract, so as to avoid unnecessarily or unduly impeding the public's convenience or obstructing the access and use of public and private roads and The sidewalk or the property owned by the employer or any other person, the contractor shall be responsible for all claims, claims, litigation, damages, fees, etc. arising out of or relating to any such liability as the contractor is responsible for. And expenses to protect employers from damage and to compensate employers.
30. Temporary transportation
The Contractor shall take all reasonable measures to prevent any damage to the Contractor or any of its subcontractors from damaging or injuring any road or bridge that is on-site or on the way to the site, in particular selecting routes, selecting and using vehicles and limiting and The load is distributed to limit as much as possible the temporary transportation that is inevitably generated by transporting equipment and materials out of the field, and the roads and bridges are not subjected to unnecessary damage or injury.
Special load: If the contractor deems it necessary to carry a vehicle or a number of vehicle construction equipment machinery or prefabricated parts or working parts through part of a road or bridge, such movement is likely to damage the road or bridge unless the road or bridge is In particular for protection or reinforcement, the contractor shall notify the engineer or engineer representative of the weight and other details to be carried and his advice to protect or reinforce the road or bridge before the vehicle or road is opened. If the Engineer does not indicate to the contrary within 14 days of the notification that the protection or reinforcement is unnecessary, the Contractor may implement the recommendation or the Engineer's proposed modifications. Also, unless the work required for the protection or reinforcement described above is included in the list of construction works proposed by the contractor for pricing, the cost or expense shall be paid by the employer to the contractor.
Disposal of Temporary Shipping Claims: If during the course of the Project or at any time thereafter, the Contractor receives any claim for damage or injury to the road or bridge resulting from the performance of the Project. The reporting engineer should be immediately notified, and then the employer should pay for all of the claims, negotiate settlements, and pay all amounts payable, and all claims, claims, litigation, damages, costs, and expenses in this regard. , to the contractor to compensate. However, if the Engineer believes that any such claim or part of it is due to the Contractor’s failure to comply with and perform its obligations under paragraph (b) of this Article, the Engineer has certified that the Contractor has not complied with or fulfilled the above obligations. The amount of compensation should be paid by the contractor to the employer.
Waterway transportation: If the contractor is required to use waterway transportation due to the nature of the project, the above provisions of this Article shall be interpreted as: “Highway” includes sluice gates, docks, breakwaters or other buildings associated with waterways, while “vehicles” Including ships and should have corresponding effectiveness.
31. Opportunities for other contractors
The Contractor shall, at the request of the Engineer, work for any other contractor employed by the Employer and his workers, and for the employer and any other legal authority to perform any work not included in this contract on or near the Site. Or any worker signed by the employer relating to or affiliated with the contract of the Project, providing all reasonable opportunities to carry out his work. However, if the contractor, at the written request of the representative of the engineer or engineer, provides any such other contractor or employer or any such authority with any road or road maintained by the contractor, or allows them to use the contractor on site. The scaffolding or other equipment, or providing them with other services of any nature, shall be paid by the Employer for such use or service to the Contractor at such amount as the Engineer considers reasonable.
32. Supply of equipment, materials and labor
Unless otherwise specified, the Contractor shall, at its own expense, supply and provide all construction materials, temporary works, temporary and permanent materials, materials, labor, on-site and transportation within and around the Project, and for this Project. All other items required for construction, construction and maintenance.
33. Cleaning of the completion site
When the project is completed, the contractor shall remove and evacuate all construction equipment, surplus materials, waste grades and various temporary works from the site, so that the entire site and project are clean and in good condition, so that the engineers are satisfied.
labor force
34. Employment of the workforce
The Contractor shall arrange for the employment of all local or foreign laborers, except as otherwise provided in this contract, and arrange for transportation, accommodation, meals and payment of wages.
Water supply: The contractor shall, if reasonably practicable, supply sufficient drinking water and other water to the contractor's staff and workers in accordance with local conditions, so that the representative of the engineer is satisfied.
Alcohol or Drug: The Contractor shall not import, sell, give away, physically trade or otherwise deal with any alcohol or drug in violation of current laws and regulations and government regulations or orders, or allow or tolerate the import of its subcontractors, agents or employees. , sell, give away, trade in kind or handle such items.
Weapons and ammunition: The contractor shall not exchange any weapons or any kind of ammunition or other treatment with any person, or allow or tolerate such exchange or treatment.
節日和宗教習慣：承包人對待他所雇用的一切工人，應適當尊重一切公認的休息節日和宗教方面或其他方面的習慣。
流行病：如果發生任何流行病，承包人應遵守和執行政府或當地醫療衛生當局為處理和撲滅此種疾病而制定的條例、命令和要求。
妨害治安行為等：承包人應隨時採取一切合理的預防措施，防止其雇員出現任何非法的動亂或妨害治安行為，以維持治安和保護本工程鄰近的人員和財產免遭上述動亂或行為的妨害。
分包人遵守事項：承包人應對其分包人遵守上述各項規定承擔責任。
任何有關工人和工資的其他條件，應視需要和第二部分第34條第、等款所列。
35.關於工人等情況的申報
承包人如經工程師要求，應按工程師規定的格式和間隔時間向工程師的代表或其辦事處提交詳細報告書，說明承包人各個時候在現場上雇用的管理人員和各級工人的數目，以及工程師的代表要求有關僱工數目的資料。
材料與做工
36.材料與做工的質量和試驗
一切材料和做工均應屬於契約規定的各該種類並符合工程師的指示，並應不時接受工程師在製造或製作地點或在現場或在所有任何這類地點指導進行的試驗。承包人應提供為檢查、測量和試驗任何工作及所用的任何材料的質量、重量或數量，所通常需要協助的儀器、機械、勞力和材料，並應按工程師的選擇和要求，在把材料投入本工程以前，提供材料的樣品供試驗。
樣品費用：如果說明書或建築工程清單中明確意指或規定提供樣品，則全部樣品的提供應由承包人自行承擔費用，否則應由僱主承擔費用。
試驗費用：進行任何試驗的費用，如果說明書或建築工程清單中明確意指或規定進行這種試驗，並且這種試驗在說明書或建築工程清單中已詳細列出，足以使承包人能在其投標中予以定價或估算在內，則應由承包人負擔。
未規定的試驗等的費用：如果工程師命令進行的任何試驗，屬於下列情況之一者：
a）並非意指或規定進行的試驗；
b）或未詳細列出的試驗；
c）或雖意指或規定進行，但工程師命令，要由一名獨立的人員在除了現場或受試驗材料的製造或製作地點以外的任何地點進行試驗。
如果試驗結果表明，該做工或材料不符合本契約的規定或工程師的指示，則此項試驗費用應由承包人負擔，否則由僱主負擔。
37.進入現場
工程師和他所授權的任何人應能隨時進入本工程和現場，以及進入正在為本工程進行工作或提供材料、製成品和機械的一切車間和地方，承包人應為他們進入這些地方或獲得進入的權利提供一切便利和協助。
38.在覆蓋以前對工程的檢查
任何工作未經工程師或工程師的代表認可不得予以覆蓋或置於視線之外，承包人應提供充分機會由工程師或工程師的代表檢查和測量任何將要覆蓋或置於視線之外的工作，並在水久性工程就位以前檢查其基礎。承包人應在任何這種工程或基礎準備就緒或即將準備就緒以供檢查時，及時通知工程師的代表，而工程師的代表除非認為此項檢查沒有必要並相應通知承包人，否則應為檢查和測量該工程或檢查該基礎的目的而出席，不得無理拖延。
移去覆蓋物和打開：承包人應按工程師不時作出的指示，將本工程任何部分移去覆蓋物或從中打開，並應使各該部分恢復原狀和修補好，使工程師滿意。如果任何各該部分是在依照本條第款的要求執行後予以覆蓋或置於視線之外的，並經認為是按照本契約進行的，則將其移去覆蓋物、從中打開、恢復原狀和修補等各項費用均應由僱主負擔，但在任何其他情況下，所有上述各項費用均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
39.清除不適當的工作和材料
工程師在本工程進行過程中應有權隨時發出書面命令：
a）在該命令規定的時間內從現場清除工程師認為不符合本契約要求的任何材料；
b）代之以適當的和合適的材料；
c）並拆除工程師認為其材料或做工不符合本契約要求的任何工程，並按要求重建。
承包人違約
如果承包人拖欠不執行上述命令，僱主有權雇用其他人員進行此項工作並付給工資，由此產生的或伴隨而來的一切費用開支均應由承包人負擔，並應由僱主向承包人索還或可由僱主從任何到期應付或將到期應付給承包人的款項中予以扣除。
40.工程暫停
承包人應在接到工程師的書面命令時，按工程師認為必要的時間和方式，暫停進行本工程或其中的任何部分，並應在暫停時間，在工程師認為必要的情況下適當地保護本工程並保證其安全。承包人在根據本條規定執行工程師的指示方面所招致的額外費用，包括所有現場應支付的日常工資、薪水、設備的折舊和保養、現場的雜費和本契約的一般管理費，均應由僱主負擔和支付，除非這種暫停是：
a）本契約另有規定者；
b）或為適當進行本工程所必需者，或由於天氣條件影響本工程的安全和質量，或由於承包人方面的違約；
c）或為本工程或其中任何部分的安全所必需者。
但是，除非承包人在接到工程師的命令後的28天內將其索賠意向以書面通知工程師，否則承包人將無權索還任何此種額外費用。工程師應就其認為是公平合理的“索賠要求”，解決和決定應付給承包人的這種額外款項。
如果根據工程師書面命令本工程或其中任何部分的進展暫停一段時期或連續幾段時間總計達90天，或者如查工程師在先前已發出為期不到90天的暫停命令以後，又在這一暫停期限屆滿時起不到90天以內，再次發出不論是關於整個工程的或是影響或包括本工程的一部分的暫停命令，則在上述任何情況下，承包人可以送交工程師一份書面通知，要求工程師在接到此通知後的28天內許可繼續進行已暫停進行的本工程或其中的一部分。如果未在上述時間內給予這種許可，承包人通過再送一份書面通知，可以選擇如下：如果此項暫停僅影響本工程的一部分，則按本檔案第51條的規定刪除該部分對待；如果此項暫停涉及整個工程，則按僱主放棄本契約對待。
開工時間和遲延
41.工程的開始
承包人在接到工程師有關開工的書面命令後，應在投標書指定的期限內，在現場開始本工程，並應以應有的速度進行，不得遲延，但如有工程師明文批准或命令者或安全屬於非承包人所能控制的原因者除外。
42.現場的占有
除本契約可規定應讓承包人隨時占有的現場各部分的範圍和各該部分應向承包人提供的順序以外，在遵照本契約關於本工程進行順序的任何要求的條件下，僱主將隨著工程師發出開始本工程的書面命令，讓承包人占有為使承包人能按照本檔案第14條所提到的方案或者按照承包人應以書面通知向工程師提出的合理建議，開始和繼續本工程施工所需要的現場各部分，並將隨著工程的進展，隨時讓承包人占有為使承包人能按照上述方案或建議以應有的速度進行本工程施工所進一步需要的現場各部分。如果由於僱主方面沒有按照本條規定讓承包人占有現場各部分而使承包人招致遲延或費用開支，工程師應準許延長工程完成時間，並證明他認為是公平合理的對所招致開支的償付金額，該金額應由僱主支付。
道路通行權等：承包人應為取得他所需要的有關進入現場的特別的或臨時的道路通行權負擔一切開支和費用。承包人還應自費提供他為本工程的目的所需要的在現場以外的任何附加設施。
43.竣工的時間
在遵照說明書中有關本工程的任何部分應在整個工程竣工前完工的任何要求的條件下，本工程應在投標書所指定的時間內全部竣工，從投標中所指定的開工期限的最後1天起算，或根據檔案第44條允許的延長時間計算。
44.竣工期限的延長
如果任何額外的或追加的工作量，或可能發生的不論何種其他特殊情況，使承包人有正當權利延長竣工時間，工程師應確定這種延長時日。但是，工程師並無義務要考慮任何額外的或追加的工作或其他特殊情況，除非承包人在這種工作開始後或這種情況出現後的28天內，或其後儘快地向工程師的代表遞交有關他認為自己有權延長時間的任何權利主張的充分而詳細的材料，以便當時能對該權利主張作出調查。
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