Power engineering construction supervision contract

Requester:_________
Supervisor: _________
This contract is signed by both _________ and _________. According to the requirements of Party A, Party B is willing to undertake the _________ project construction supervision service in accordance with the terms and provisions stipulated in this contract. This contract is hereby signed for the following matters.
1. Project Overview:
project name:_________
construction place:_________
The scale of the project is: _________
2. The total contract price is _________ yuan. Among them, engineering design supervision costs _________ yuan, civil engineering supervision costs _________ yuan, installation engineering supervision costs _________ yuan, total supervision fees _________ yuan.
3. Term of liability: From the beginning of the basic design calculation, to the _________ device after 6 months of operation through _________ hours.
4. The following files shall be considered to form part of this contract and shall be read and understood as part of it. Unfinished matters, negotiated settlement.
Party A / Party B project construction supervision contract general terms;
Party A / Party B project construction supervision contract special terms;
The sub-files of this contract, namely: the attached files of this chapter a- the scope of supervision services; the attached files of this chapter b-the staff, equipment, facilities and others provided by Party A; the attached files in this chapter c-remuneration and payment.
Supplementary agreements and amendments signed by both parties in the performance of this contract.
5. In consideration of the payment by Party A to Party B mentioned below, Party B hereby promises Party A that it will perform the service in accordance with the provisions of this contract.
6. Party A hereby agrees to assume the responsibility as stipulated in this contract, and pays Party B the amount payable according to the contract in accordance with the specified time limit and manner, as a means of remuneration for the performance of the service.
7. Party B shall not transfer, rent or sell the property, land, houses and facilities belonging to Party A's property rights. Party B's temporary construction demolition deposit is 1% of the contract price. The construction team personnel completely withdraw from the power plant and return all kinds of houses and land to Party A. After passing the acceptance of Party A, they will be refunded.
8. Party B shall pull the materials. When the equipment leaves _________, it shall be approved by Party A; the savings of Party A's materials shall be completely returned to Party A.
9. Party B shall construct all kinds of life in the construction of Party A. After the production is demolished, Party B shall restore its original functions and original appearance when necessary.
10. If the matter is not completed, the two parties may sign a supplementary contract upon negotiation according to the needs.
11. This contract is signed and sealed by the legal representatives or authorized agents of both parties until the expiration of the supervision contract, submitted to the supervisory summary, and naturally invalidated after the settlement of the supervision.
12. The original of this contract is in duplicate, each party holds one copy and has the same legal effect. Ten copies are made, and each party holds five copies.
person A person B:_________
Representative: _________ Representative: _________
Address: _________ Address: _________
Phone: _________ Phone: _________
Fax: _________ Fax: _________
Signing location: _________ signing location: ______
_________Year ________________________________________________________________________________________________________________
1. The supervision work is mainly based on the national laws, regulations and relevant provisions on construction supervision, assisting the owners in the construction of the project to supervise, manage, coordinate and other services with the core of controlling investment, progress, quality and safety. This project will fully realize the investment objectives, progress goals, quality objectives and safety objectives.
2. The scope of supervision work is _________ design, civil construction and installation engineering construction, including engineering design, construction preparation, construction drawing verification, civil construction, installation and commissioning, completion and acceptance, and the supervision work of the project. The supervision services include the above-mentioned _________ island engineering design, civil construction, equipment installation and commissioning, performance test, handover production, supervision of completion acceptance and so on. The specific work of supervision includes the following:
Participate in the bidding of the sub-contractors after the signing of the supervision contract, evaluate the bids, participate in the verification of the relevant bidding files, and participate in the contract negotiation work. And put forward supervisory opinions.
Participate in the bidding, bid evaluation and contract negotiation of major auxiliary equipment.
Check whether the preliminary design files submitted by the design unit meet Party A's requirements, feasibility study report, approval files, relevant procedures, specifications, and standards.
Check the construction drawing 1 and the second level diagram and cooperate with the interface of the water, steam and electricity of the main project to confirm and coordinate the progress of the construction drawing plan.
According to the contract signed by the owner and the general contractor of Desulfurization Island, assist Party A to prepare the annual fund plan of the project and supervise and check the implementation.
Review the subcontractor selected by the contractor, the qualification of the test unit and provide comments.
Participate in the construction drawing, participate in the drawing review, and put forward supervisory opinions.
Review design changes and provide supervisory comments.
Verification, supervision and coordination of the progress of the construction drawing.
Conduct sub-items, divisional engineering, quality inspection and inspection of key processes and concealed projects.
Presided over the review of the construction organization design submitted by the contractor, focusing on reviewing the construction technical plan, construction quality assurance measures, and safe and civilized construction measures.
Verification of the primary network plan and secondary network plan prepared by the general contractor according to the milestone plan formulated by Party A, and organized and coordinated implementation.
To assist Party A in conducting safety production management in accordance with relevant safety management regulations. Supervise and inspect the relevant regulations and measures for the contractor to establish a sound safety production responsibility system and implement safety production. Supervise and inspect the contractor to establish a sound labor safety production education and training system, and strengthen education and training for workers' safety production. Participate in the safety inspection organized by Party A to supervise the safety and civilized construction. When there is a major problem that threatens safety, you have the right to issue a notice to suspend construction.
Review the contractor's warranty system file and warranty manual and supervise the implementation.
Check the on-the-job status of special types of construction workers in the construction site and supervise the implementation.
Responsible for reviewing the construction quality inspection project allocation table prepared by the contractor and supervising the implementation.
Inspect the raw materials on the construction site, the quality of the components, and the management system and the implementation of the procurement, storage, and use, and review and confirm the supplier qualifications of raw materials and components.
Check the main installation materials and equipment quality according to the acceptance criteria, and put forward supervision opinions on the acceptance problems. Participate in the inspection of inspection equipment including major auxiliary machines, and provide supervision opinions on the storage of equipment.
Dispose of the equipment found in the inspection, material defects and defects found or generated during construction, and report to Party A for assistance.
In order to ensure the quality of the project, equipment and technical requirements, the required work links, capital collection, research and other outing activities.
Formulate and implement the witness points of the key parts, stop the work to be inspected, and the project quality supervision plan of the next site. The supervisors should immediately follow the work schedule to conduct supervision and inspection. The work stoppage must be signed by the supervision engineer before entering the next process.
Assist Party A to verify the quantity of the project, review the contractor's project settlement statement, and the project payment must be signed by the supervision engineer.
Assist Party A in finalizing the project.
Assist Party A to complete the coordination of equipment, materials, drawings and other external conditions as well as project progress and cross-construction; regularly hold quality analysis meetings, report quality status, propose improvement measures and supervise implementation; inventory progress, analyze quality progress trends, Submit analysis reports and improvement requirements, recommendations, report to Party A and supervise implementation. To assist Party A in coordinating the problems that need to be solved in the construction of the project, to put forward supervisory opinions and supervise the implementation.
Party B shall classify the unqualified items of the contractor in the project into three types: handling, shutdown processing, and emergency handling, and conduct closed-loop management in strict accordance with the four procedures of submitting, accepting, processing, and accepting. The supervisors must follow up and check the unqualified items. implement.
The quality of the project must be inspected and signed by the supervision engineer. Without the signature of the supervision engineer, the main materials, equipment and components are not allowed to be used or installed in the project. It is not allowed to enter the construction of the next process, and the project progress payment is not allowed. Approved for engineering acceptance.
Supervise the performance of the contractual contract and safeguard the legitimate rights and interests of Party A.
Hosted review of debugging plans, debugging plans, and debugging measures.
Strictly implement the trial and acceptance acceptance system of the division. If the division fails to pass the trial operation, it is not allowed to enter the whole set to start the trial operation.
Hosted the review of the commissioning report.
Participate in the sub-system trial operation and the whole set of trial operation of the coordination project.
Provide supervisory opinions on design problems, equipment quality problems, and construction problems that occurred during the trial production period.
Assist Party A to complete the work of reaching the standard.
Other work:
Prepare various files, notices, records, test materials, drawings, etc. for the supervision work, and hand it over to Party A when the contract is completed or terminated.
Establish information and management network of engineering projects in terms of quality, safety, investment, progress, contract, etc., and collect, transmit and feedback engineering information in the cooperation of Party A's design, equipment, construction, commissioning and other units to form information sharing.
After the signing of the supervision contract is effective, the supervisory director will organize the preparation of the supervision plan and report it to Party A for approval.
All kinds of files, materials, records, and contracts completed and terminated will be handed over to the owner.
Entrusted by the owner, Party B shall exercise safety production supervision and management duties on the spot and be responsible for the daily safety management of the project. Party B shall establish a full-time safety supervisor.
3. Quality control The quality of the main work service content is determined in advance to determine the quality standard and clarify the quality requirements.
Determine the quality supervision and control system of this project.
Quality inspection of construction sites.
Review the general contractor and its selected subcontracting unit, the qualification of the experimental unit and provide comments.
Supervise the general contractor to establish and improve the quality assurance system. Review the general contractor's quality assurance system file and quality assurance manual and supervise the implementation.
Check the quality of the raw materials and components used in the construction work at the construction site. Unqualified raw materials and components shall not be used in the project. Check the procurement, storage, and use of materials management system and supervise the implementation. Witness sampling for material inspection and sample sampling. Without the signature of the supervising engineer, the main materials, equipment and components are not allowed to be used and installed in the project, and construction in the next process is not allowed.
Participate in the unpacking and acceptance of on-site equipment, check its transportation and storage measures.
Check the valid construction documents of important construction machinery and lifting equipment; check the qualifications of the contractor's laboratory and its laboratory personnel and the status of the certificates; check the valid certificates of the inspection, measurement and test equipment. Check the on-the-job status of special types of construction workers in the construction site and supervise the implementation.
Participate in the verification of the overall design of the organization construction organization, preside over the construction organization design or construction plan submitted by the construction unit. Focus on reviewing construction technical solutions, construction quality assurance measures, and safe and civilized construction measures. Review the contractor’s instructions for the important procedures of Party A.
Quality control of construction process quality control: on-site inspection, side station, measurement, test, responsible for formulating and implementing the key points of the witness point, stop work to be checked, next site engineering quality supervision plan, supervision personnel to press The operating program is immediately in place to supervise and inspect. A certain number of side station supervisors should be equipped to ensure effective side-by-side supervision of the project.
Process handover inspection: adhere to the principle that the previous process is not allowed to carry out the next process without inspection and acceptance. The shutdown site must be signed by the supervision engineer before entering the next process.
Preside over the sub-item, divisional engineering, quality inspection and inspection of key processes and concealed projects, and carry out the fourth-level acceptance on behalf of the owners. Regular quality analysis meetings are held to inform the quality status, analyze quality trends, propose improvement measures and supervise implementation.
Do a good job in design change and technical verification. Review design changes and track whether the construction is done in accordance with the approved change profile.
Engineering quality accident handling: analysis of the causes and responsibilities of quality accidents; review, approval of technical measures or plans for handling engineering quality accidents; inspection of the effects of treatment measures. The supervision department may classify the unqualified items of the contractor in the project into three types: handling, shutdown processing, and emergency handling, and strictly follow the four procedures of submitting, accepting, processing, and accepting for closed-loop management. The supervisors must follow up the unqualified items. And implement.
Review the construction quality inspection project allocation table prepared by the general contractor and supervise the implementation. Exercise quality supervision and issue a shutdown order.
The quality of the after-the-fact control participates in the commissioning of the engineering division and the whole set of trial runs.
Organization unit, pre-acceptance for completion of individual projects.
The organization conducts quality assessment of the project.
Review engineering technical file information.
Assist Party A in preparing for completion acceptance data and working on standards.
The task of quality control of defect liability period.
Review the General Contractor's Quality Warranty Certificate.
Check and assess the quality of the project.
Identify the responsible person for the quality defects that have occurred.
Supervise the general contractor to repair quality defects.
After the end of the defect liability period, the relevant information will be handed over.
4. Progress Control The main work service content is responsible for agreeing with the general contractor on the timetable for submitting the design drawings and files under the premise of meeting the general progress requirements of the project, and is responsible for inspection and supervision.
Participate in the coordination of production schedule and interface of production projects in the plant area. Prepare relevant management systems for progress control during the construction phase.
Participate in the verification of the construction milestone plan and the first-level network plan organized by the general contractor, verify the secondary network plan prepared by the construction contractor and supervise the implementation.
Review the monthly work plan submitted by the construction contractor and approve the modification target plan requirements proposed by the construction contractor. Check the progress of the project at any time, analyze the causes of the delay in the progress of the project, propose improvement suggestions and suggestions, report to Party A and supervise the implementation.
On the basis of the annual report and monthly plan submitted by each construction unit, it is responsible for compiling the construction comprehensive plan of the engineering department.
Review the contractor unit project and the division project start application report. According to the scope of authorization of Party A, the unit project opening/stopping order is issued.
Assist and supervise the implementation plan of the general contractor.
Review the project progress price settlement file.
The approval project is postponed.
Provide progress reports to Party A.
Supervise the contractor to organize technical materials.
Approve the completion application report and organize the completion acceptance.
Collaboration Party A handles disputes and claims.
Organize project progress data.
Supervise the contractor to handle the handover procedures. During the warranty period after the handover of the project, it is necessary to deal with the disputes concerning the causes and responsibilities of the quality problems after acceptance, and urge the responsible units to repair them in time.
For contractors who fail to submit the construction progress plan on time according to the requirements or who cannot modify the progress plan as required, submit a handling opinion until the issuance of the suspension order.
Timely processing various engineering and technical reports submitted by the contractor, and timely answering various types of problems related to the supervision business proposed by the contractor, which may not affect the progress of the project.
5. Investment control main work service content The main auxiliary equipment and equipment sub-insurance bidding stage, participate in the bid evaluation work according to the requirements of Party A, participate in the contract negotiation, and put forward supervisory opinions.
According to the requirements of Party A, participate in the civil engineering, installation and commissioning of desulfurization islands, bidding for sub-contractors, bid evaluation, participate in verification of relevant bidding files, participate in contract negotiation work, and put forward supervisory opinions.
Assist Party A in preparing the annual fund plan of the project and regularly check the implementation and implementation; review the material use list submitted by the general contractor to Party A, and reduce the false report and falsehood.
Review the general contractor's project budget, and the project payment must be signed by the chief engineer.
Seriously do a good job in the forensic work of the claim and related facts verification, to provide the owner with a complete and reliable basis for disposal.
Provide the owner with the use of construction funds at any time so that it can be effectively dispatched and operated. This information is traceable and is the basis for final project settlement.
6. The main work services of safety control, civilized construction management, contract and information management, coordination, etc., assist Party A in complying with the laws and regulations of the national capital construction safety management and the regulations and regulations of the former State Power Corporation on power infrastructure safety management and Party safety management rules and regulations for safe production management. Formulate various management systems for safe and civilized construction of the project, and implement them after approval by Party A; supervise and inspect the relevant provisions and measures for the establishment and improvement of the safety production responsibility system and the implementation of safety production by the general contractor; supervise and inspect the general contracting to establish and improve the labor production education and training system. Strengthen the education and training of workers' safety production; supervise and inspect the safety and civilized construction management and education of the general contractor for its subcontractors; inspect the construction site, inspect safety hazards in time, supervise the contractor to take corrective and preventive measures, and encounter threats When there are major safety issues, we have the right to issue a notice of suspension of construction; organize the safety inspection of the whole project on a regular basis in accordance with the authorization of Party A, and organize targeted inspection activities at any time according to the specific conditions of the site; hold a safety work meeting to inform the safety and civilization Construction status, release safety and civilized construction weekly report, monthly report; formulate safe and civilized construction standards, and urge all construction units to develop safe and civilized construction measures. Conduct evaluation and rewards for safe and civilized construction.
To supervise the performance of the general contracting contract, Party A and the general contractor shall have disputes in the process of executing the project contracting contract, which shall be coordinated and resolved by the chief management engineer. If there are still different opinions after coordination, they may be resolved in accordance with the contract.
Establish a network-supported mis compatible with Party A's management information system to manage information in terms of quality, security, investment, progress, and contract. It can exchange information with Party A and the general contractor, and can also share the database resources according to the specific authorization scope, and use advanced management methods such as p3 software to strengthen the control of project quality, schedule, investment and security. According to the project management module of the owner mis, the project management is supervised, and the construction unit is urged to submit the data through the mis-related module every day, and the construction daily report data is checked on the next day to ensure its timeliness and accuracy. It is also responsible for the operation and maintenance of the entire management system. It can provide the archives required for the whole process of project management at any time. After the project is completed, complete electronic texts are provided according to the records management requirements.
Party B shall report the supervision to Party A in writing on a regular basis. Party B shall also submit a supervision report on the important stages of the project construction, and report major issues to Party A in a timely manner. The scope and depth of the contents of the supervision report shall meet the requirements and regulations of the national or industry relevant departments for the supervision report.
Prepare various files, notices, records, test materials, drawings, etc. for the supervision work, and hand over to Party A when the contract is completed or terminated.
7. Basic requirements for the supervision staffing and its quality. Supervisor engineer: Party B has 1 chief of the division, must hold the qualification certificate issued by the Ministry of Construction or the power industry supervision, and has the performance of the main unit director of 300mw class and above and desulfurization. Engineering supervision experience. There are 4 deputy directors in charge of the qualifications of the power industry. Director of the board of directors, deputy director of the division must be young and strong, healthy, style, integrity and self-discipline, with organizational and coordination capabilities, can be competent for large-scale power plant construction project management.
Supervision engineer qualification and performance: The supervision engineer shall hold the qualification certificate issued by the Ministry of Construction or the supervision engineer of the power industry. The person in charge of each professional shall have the performance of corresponding professional design or construction supervision in the whole process of the unit project of 300mw and above. The full-time safety supervision personnel shall hold the qualification certificate issued by the superior safety supervision department.
Staffing: The staff of Party B shall ensure that there are sufficient numbers of professionals in the design, construction and commissioning stages, and the age structure of the personnel is reasonable and the work experience is rich; unless Party A proposes, Party B shall not replace the director and deputy director identified in the bidding file. With the main supervisors.
The supervision department shall be equipped with personnel familiar with mis to engage in information management and contract management, and Party B shall be equipped with personnel familiar with the p3 software to engage in project schedule management.
Basic requirements for the number of resident personnel: During the construction period, the director and deputy director should be resident at the site, and there is no possibility of leaving the construction site even in the short term. If the director leaves the construction site, it should be clear that a deputy director is responsible for his duties and is solely responsible.
Party A's assessment: During the entire construction period, Party A has the right to conduct the assessment of the supervision personnel provided by Party B. For those who fail to pass the examination, Party A proposes to exchange, and Party B shall accept it unconditionally. Subsidiary file b: Service of staff, equipment, facilities and other personnel provided by Party A According to Articles 10 to 13 of the General Terms and Conditions of the Construction Supervision Service Contract, Party A provides Party B with the following equipment, facilities and personnel.
1. Communication Party A shall provide the telephone plug, telephone, local telephone and long-distance telephone communication fee for the supervisor's on-site office to be borne by the supervisor.
2. Office room A provides office space, tables and chairs to Party B. Other office supplies and other expenses are at the eligibility of Party B.
3. Housing A provides a limited accommodation room to Party B, and the expenses are borne by the supervisor.
4. Party B is responsible for himself.
5. Personnel configuration Party A shall assign one Party A representative to communicate with Party B representatives.
6. Testing equipment Party B shall have some routine testing equipment. Subsidiary file c: Remuneration and payment
1. Remuneration Party B's normal service remuneration shall be _________ yuan according to the bid price.
If Party B reduces the investment in the project due to the rationalization proposal, Party B shall reward Party B in accordance with Article 3 of the Additional Clause.
Party A will reward the outstanding work, quality and safety during the supervision process, and the reward rules will be signed separately.
2, pay the regular supervision fee
a) Within 14 days after the contract takes effect, Party A shall pay the advance payment at 10% of the director's fee.
b) From the effective date of this contract, on June 30 and December 30 of each year, Party A shall calculate and pay the supervision fee according to the progress of the supervision project.
c) Progress payment _________.
d) Assessment payment _________.
Appraisal principle: Within 28 days after the completion of the service, Party B shall submit the fees mentioned in Article 1 above, together with the final application of the invoice certificate signed by the contract, to Party A. Party A shall , construction period, safety, control of project cost, assessment and payment of the remaining 20% ​​of the cost, the assessment principles are as follows:
a) Quality assessment: The construction quality during the construction period, the process meets the requirements for the production of the standard, no major quality accidents occur, and the payment of the director's fee is 3%, otherwise deducted. If the construction unit fails to implement the opinions of Party B, resulting in construction quality and the process cannot meet the requirements for production of the standard, Party B shall not be liable.
b) Progress assessment: The project is completed according to the contract period, and 3% of the director's fee is paid, otherwise it is deducted. Due to reasons such as Party A, force majeure or equipment supplier, the construction period is delayed, and the supervision fee is not deducted.
c) Safety assessment: No construction safety plan has occurred within the scope of project supervision. The measures result in death or major equipment accidents, and 3% of the director's fee is paid, otherwise it is deducted. Party B shall not be liable for any safety accidents caused by the construction unit without performing supervision opinions.
d) Cost assessment: Static investment can be controlled, paying 3% of the director's fee, otherwise deducted. Due to the static investment overrun caused by Party A's raising of standards or force majeure, the supervision fee will not be deducted.
e) Management assessment: Second management, a coordinated content specific, effective implementation, respectively pay 3%, 2% of the director's fee, or deducted.
f) Assessment of compliance: All projects are up to standard and put into production, paying 3% of the director's fee, otherwise deducted. Subsidiary file d: General terms and conditions of the project construction supervision service contract
1. Definition and Interpretation The definition item is the project specified in the special clause of the nail contractor/construction construction supervision contract and constructed for it.
Service refers to the services performed by Party B under the contract, including normal services, additional and additional services.
A project is a permanent project implemented to complete a project.
Party A refers to the party entrusted to Party B and the legal heirs and permitted assignees of Party A as referred to in this contract.
Party B means the party referred to in this contract, the party authorized by Party A to perform the service, and the legal heirs and permitted assignees of Party B.
One side and the other side are the nail side and the other side. A third party is any other party or entity required by the context.
The contract refers to the general terms including the contract of Party A/Party B construction supervision service, the special clauses of Party A/Party B construction supervision service contract, and the subsidiary file a, subsidiary file b, subsidiary file c, winning letter, and the contract that has been formally signed.
Day refers to any period from midnight to the next midnight.
Month refers to the period of time from the start of any day in the month to the day before the corresponding date in the next month.
The local currency refers to the currency of the country in which the project is located, and the foreign currency refers to any other currency.
The agreed compensation is the additional amount payable under the contract as specified in the special clause of the nail contractor's construction contract.
Explain that the title in this contract is not part of its content;
The singular encompasses the plural and the positive includes the negative. Depending on the context, and vice versa.
If there is a contradiction between the provisions in the contract, the chronological order shall prevail.
2. Party B's rights Within the scope of the entrusted project, Party A grants Party B the following rights:
Select the veto power of the project subcontracting construction subcontracting unit;
Project construction related matters include project scale, design standards, planning and design, production process design and functional requirements, and the right to propose to the owner;
Technical problems in engineering structure design and other professional design, in accordance with the principles of safety and optimization, make independent recommendations to the design unit, and submit a written report to the owner; if the proposed proposal will increase the project cost, or extend the construction period, The owner’s consent should be obtained in advance;
According to the principle of quality assurance, guarantee period and cost reduction, the project construction organization design and technical plan shall make recommendations to the contractor and provide written reports to the owner; if the proposed project will increase the project cost and extend the construction period, it shall be prior Obtain the consent of the owner;
The coordination and coordination of the organization and coordination of the relevant units of the project construction, important coordination matters shall be reported to the owner in advance;
The right to inspect the materials and construction quality used in the project. For materials and equipment that do not meet the design requirements and national quality standards, the right to notify the contractor to stop using; the procedures that do not meet the specifications and quality standards, sub-divisional projects and incomplete construction operations, have the right to notify the contractor to stop work and rectify, Rework. The contractor can only resume work after obtaining the reinstatement order of the supervision institution. The release shall be reported to the owner in advance, and if it is not reported in an emergency, the written report shall be made to the owner within 24 hours;
The inspection and construction supervision of the project construction schedule, and the actual completion date of the project or the signing right of the completion period specified in the project contract;
Within the scope of the project price agreed upon in the project contract, the review and signing rights for the payment of the project, and the right of confirmation and negation of the settlement of the project settlement. The owner does not pay the construction cost without the signature of the supervision organization;
The supervisory authority may, subject to the authorization of the owner, propose changes to the obligations stipulated in any third party contract. If this seriously affects the project cost, or quality, progress, such changes must be approved in advance by the owner. In the event of an emergency failure to report to the owner for approval, the change made by the supervisory organization shall also notify the owner as soon as possible. During the supervision process, the contractor was found to be ineffective, and the supervision organization may propose to exchange relevant personnel;
Within the scope of the commissioned project, any opinions and requests of the owner or a third party to the other party must first be submitted to the supervisory authority, and the supervisory institution shall study and dispose of the opinions, and then determine with the parties. When a dispute arises between the owner and a third party, the supervisory agency shall, in accordance with its own functions, judge in an independent manner and conduct mediation impartially. When the disputes between the two parties are conducted by the government construction administrative department or the arbitration agency for mediation and arbitration, the factual materials for the testimony shall be provided;
Have the right to stop and punish violations and illegal conduct;
Have the right to arbitrate disputes between contractors concerning safety and civilized construction issues;
For construction contractors with safe and civilized construction management confusion and continuous accidents, they have the right to suspend the payment of construction funds or propose to suspend the project contract;
In case of emergency problems with personal safety in crisis, the company has the right to order the first stoppage of work, and then conduct research and treatment;
Have the right to stop the construction that causes environmental pollution and soil erosion.
3. Party B's responsibilities and obligations Party B's responsibilities:
The unit undertaking the project supervision must obtain the corresponding level of qualification certificate according to law and undertake the project supervision business within the scope permitted by its qualification level. Do not exceed the scope of the qualification level permit or undertake the project supervision business in the name of other project Party B.
In accordance with the contract signed with the construction unit, in accordance with laws, regulations and relevant technical standards, design files, and supervise the quality of the project. Responsible for the supervision and control of the quality of the project under supervision.
Party B shall formulate the supervision plan and implementation rules in accordance with the requirements of the project construction supervision outline and implement it conscientiously.
Party B must establish a sound and effective supervision quality management system and be equipped with qualified supervisors who meet the engineering needs. The engineering supervision implements the chief engineer responsibility system, and the chief management engineer has the general rule for the supervision work. The chief management engineer and the supervising engineer must obtain the corresponding qualification certificates and have the supervision performance of similar projects.
Party B shall adhere to the supervision of the whole process of construction, adhere to pre-examination inspection and process control, and form closed management.
In strict accordance with the requirements of the supervision and regulation, the side-by-side inspection and parallel inspection shall be adopted, and the construction project shall be followed up in time to supervise the construction project. Adhere to the quality of the project must meet the requirements of the contract, fail to accept the signature of the project that does not meet the quality requirements, find that the quality of the project has problems or violate the rules and regulations, have the right to order the suspension or rework, and have the right to report to the relevant departments.
Party B shall be responsible for verifying the quality of materials and equipment entering the site. Materials and equipment that have not been signed by the supervising engineer shall not be used or installed in the project. It is strictly forbidden to use unqualified products.
The main tasks that Party B should be responsible for in the daily quality management of engineering construction are:
a) Establish and improve the project quality log and periodic reporting system. The supervision records and reports must accurately reflect the quality of the project, and the chief management engineer is responsible for signing the contents of the report;
b) review and approve the construction organization design and construction technical measures of the construction unit;
c) verify the construction design file of the design unit;
d) designing the design of the construction drawing;
e) verification will sign the design change and report to the construction unit for approval;
f) Assist the construction unit in conducting the qualification examination of the construction unit;
g) On the basis of the self-inspection of the construction unit, it is responsible for the process and process acceptance of the project and signing the acceptance opinions. When accepting the concealed works and key parts, the construction, design and other units shall be required to participate and sign the opinions;
h) Organize or participate in project quality inspection, engineering quality accident investigation and treatment, and regularly analyze the quality of the project;
i) Organizing or participating in the acceptance of the engineering phase, meeting the production inspection and completion acceptance, and submitting the supervision report;
j) Cooperate with the quality inspection organized by the construction unit and the quality supervision work organized by the relevant state departments;
k) Entrusted by the construction unit to establish an engineering laboratory, sampling and reviewing the test data reported by the contractor;
l) Establish and improve project supervision files.
Party B’s obligations:
Normal, additional and additional services
a) normal service refers to the type of service described in sub-file a;
b) Additional services are those services that are additionally attached to normal services through written agreements between the parties;
c) Additional services are those services that are neither normal nor attached, but must be performed by Party B.
Seriously fulfilling duties and exercising authority
a) When Party B fulfills its obligations under this contract, Party B shall use reasonable skills and work diligently and diligently.
b) When the service includes the exercise of authority or the performance of the authorization, or when the contractual terms signed by Party A and any third party are required, Party B shall: work according to the contract, if the power and duties are not detailed in the subsidiary file a If the provisions are stated, these detailed provisions must be acceptable to Party B; if Party A authorizes, it can be impartially proved, decided or exercised by Party A and the third party. However, as an arbitrator, it acts as an independent professional according to his own functions and judgments; if Party A authorizes, he may change the obligations of any third party. However, any change that may have a significant impact on the cost or quality or time shall be subject to prior approval from Party A; no member of Party B shall have any direct economic cooperation with the third party.
Party A's property: Any item provided or paid by Party A for Party B shall belong to Party A's property and shall be so marked in actual execution. When the service is completed or terminated, Party B shall perform the equipment used in the service. , the inventory of facilities and unused items is submitted to Party A, and such items are handed over as directed by Party A.
4. Party A's rights Party A has the following rights:
Party A has selected the general design unit and the general contractor of the project, and the signing right to enter into a contract with it;
Party A has the right to determine the engineering scale, design standards, planning and design, production process design and design and use of functional requirements, as well as the approval of engineering design changes;
Party B's transfer of the chief management engineer shall be agreed by Party A;
Party A has the right to request the supervision organization to submit the monthly report of supervision work and the special report within the scope of supervision business;
Party A has the right to request Party B to replace the incompetent and supervised personnel until the contract is terminated.
5. Party A's obligation information: In order not to delay the service, Party A shall provide Party B with all the information it can obtain and related to the service for free within a reasonable time.
Decision: In order not to delay the service, Party A shall make a written decision on all matters submitted to him by Party B in a reasonable time.
Assistance: Party A shall make every effort to provide assistance to Party B and its staff and its subordinates as follows:
a) provide the conditions required for living and working;
b) the working conditions required to provide the service;
c) the transportation of the items required for the service;
d) the repatriation of personnel in the event of an accident;
e) Provide channels to connect with other units so that Party B can collect the information he wants to obtain.
Equipment and Facilities: Party A shall provide Party B with the equipment, facilities and service personnel specified in Attachment File b for the purpose of service.
Party A's staff: After consulting with Party B, Party A shall provide Party B with staff from its staff at its own expense in accordance with the provisions of Attachment File b.凡涉及到服務時，此類職員只應從乙方處接受指示。
其他人員的服務：甲方應按照附屬檔案b說明，自費安排其他服務人員服務。乙方應與此類服務的提供者合作，但不對此類人員或他們的行為負責。
6、職員職員的提供：由乙方派往項目所在地工作的職員健康條件應能適應他們的工作，同時所有職員要取得相應的資格並應得到甲方的認可。
代表：為了執行本契約，甲方指定專人為其代表，乙方指定總監理師為其代表。如果甲方要求的話，乙方應指定一人與項目所在地的甲方代表建立聯絡關係。
監理職員的更換：如果有必要更換任何人員，則負責任命的一方應立即安排，代之以一位具有同等能力的人員。 The cost of such replacement shall be borne by the party responsible for the appointment, unless such replacement is made by the other party.
a）此要求應以書面形式提出且申述更換理由。
b）如果瀆職或不能圓滿地執行任務不能作為理由成立的話，則提出要求的一方應承擔更換費用。
7、責任和保險雙方之間的責任乙方的責任：如果確認乙方違反了通用條款第三節3。1條，則他應對由本契約引起的或與之有關的事宜負責向甲方賠償。
甲方的責任：如果確認甲方違反了他對乙方的義務的責任，則甲方應負責向乙方賠償。
賠償：如果認為任何一方對另一方負有責任時，則應僅在下列條件下支付賠償：
a）此類賠償應限於由此違約所造成的可合理預見到的損失或損害的數額，而不是其它；
b）在任何情況下，此類賠償的數額應限本通用條款規定的數額；
c）乙方不為不包括在其服務範圍內的或乙方的書面意見內的由於甲方，設計單位，承包商的任何行為造成的任何損失承擔責任；
d）如果認為任一方與第三方共同對另一方負有責任時，負有責任的任一方所支付的賠償比例應限於由於其違約所應負責的那部分比例。
責任的期限：除非在契約專用條款規定的相應時間段終止之前或法律可能規定的更早日期之前，正式向甲方或乙方提出索賠，否則無論是甲方還是乙方均不應對由任何事件所引起的任何損失或損害負責。
賠償的限額和保障賠償的限額：任何一方向另一方支付賠償的最大數額應限於專用條款中規定的數額。此限額不影響本契約另外規定的任何商定的補償。 If the total amount of compensation that may be additionally paid exceeds the maximum amount payable, each party shall agree to waive all claims against the other party.如果任何一方向另一方提出索賠要求，而這要求不能確立的話，則提出索賠應完全補償由於該索賠所導致的對方的各種費用。
例外：故意違約或粗心引起的瀆職；與履行契約義務無關的事宜。
8、契約的生效、開始、完成、變更及終止契約生效：從完成正式契約所需的最後簽字之日，契約生效時間以日期較晚者為準。
開始和完成：在本契約專用條件所規定的時間或期限必須開始和完成，但另有雙方書面協定的延期例外。
更改：當任何一方提出申請並經雙方書面同意後，可對本契約進行更改。
進一步的建議：如果甲方書面要求的話，則乙方應提交變更服務的建議。此類建議的準備和提交應作為一項附加的服務。
延誤：如果甲方或其承包商因故使服務受到阻礙或延誤，以致增加了服務的工作量或延長時間，則：
a）乙方應將此情況與可能產生的影響通知甲方；
b）完成服務的時間應相應地予以延長。
c）此增加部分屬於正常服務的延長，不視為附加的服務；
情況的改變：如果出現按照本契約乙方不應負責的情況，以及該情況使監理工程師不能負責或不能履行全部或部分服務時，他應立即通知甲方。 In this case, if certain services have to be suspended, the period of completion of such services should be extended until such circumstances do not persist. A reasonable period of no more than 42 days should be added to restore the service.如果履行某些服務的速度不得不減慢，則該類服務的完成期限由於此種情況必須給予延長。
撤銷、暫停或終止
a）甲方的通知：甲方至少應在56天前通知乙方全部或部分暫停服務或終止本契約，乙方即安排停止服務，並把開支減少至最小。如甲方認為乙方無正當理由而未履行其義務時，可通知乙方，說明發出該通知的原委。若甲方在21天內沒有收到滿意的答覆，可發出進一步的通知，終止本契約。但該通知應在甲方第一個通知發出後35天內發出。
b）乙方的通知：在下述兩種情況下，乙方向甲方發出通知至少14天后乙方才可以發出進一步通知。在進一步通知發出42天后，才能終止本契約。或在其不損害其終止權利的情況下，可以自行暫停或繼續暫停履行全部或部分服務：當在應支付的規定日期後28日，仍未收到那一部分款項時；當根據第6條或第7。1款已暫停服務並且期限已超過128日時。
額外的服務：當第7條所述情況發生時，或撤銷或暫停或恢復服務時，或並不是根據第7。1。2款終止本契約時，除正常的或附加的服務之外，乙方需做的任何工作或支出的費用應被視為額外的服務。乙方有權得到為履行額外的服務所需額外的時間和費用。
各方的權利和責任：本契約的終止不應損害或影響各方應有的權利或索賠以及責任。
9、支付對乙方的支付
a）甲方應按契約條款附屬檔案c中規定的細則向乙方支付正常的服務報酬；
b）向乙方支付另有書面協定的附加服務報酬；
c）額外服務需另行簽訂協定。
支付的時間：給乙方的款項應按期支付。
支付的貨幣：適用於本契約的貨幣為契約專用條件中規定的貨幣。
第三方對監理工程師的收費：除契約專用條件規定外，第三方對監理工程師的收費由甲方支付。
獨立的審計：乙方應保存能清楚證明有關時間和費用的最新記錄。
除了契約規定固定總價支付外，在完成或終止服務後12個月內，甲方在提前七天以上發出通知，要求由他提出一家有聲譽的會計師事務所對乙方申報的任何金額進行審計，該審計應在正常工作時間於保存記錄的辦公室內進行。
10、一般規定語言和法律：本契約專用條款中規定了契約的一種或幾種語言，主導語言以及契約所遵循的法律。
法規的變更：如果在訂立本契約之後，在履行服務期限內由於政策，法規發生變動而引起服務費或服務期限的改變，則應相應地調整商定的報酬和完成時間。
轉讓和分包契約：
a）除支付款的轉讓外，沒有甲方的書面同意，乙方不得將本契約涉及到的利益轉讓出去。
b）沒有對方的書面同意，無論甲方或乙方均不得將本契約規定的義務轉讓出去。
c）沒有甲方的書面同意，乙方不得開始實行，更改或終止履行全部或部分服務的任何分包契約。