Demonstration text of construction supervision contract for hydropower project (1997 edition)

table of Contents

Description

Construction supervision contract

Standard conditions for supervision contract of hydropower project construction

Special conditions for construction supervision contract of hydropower project

Hydropower project construction supervision contract subsidiary file

Subsidiary File A: Brief Introduction to Supervision Project

Subsidiary File B: Scope and Content of Supervision Services

Attached file C: Provision of equipment and facilities

Subsidiary file D: supervision costs and payment

Subsidiary File E: Supervisory organization and personnel plan

Subsidiary file F: Supervision planning

Description

The text of the model text of this contract is divided into four parts. The first part is the construction supervision contract, the second part is the standard condition of construction supervision contract, the third part is the special condition for construction supervision contract, and the fourth part is the auxiliary file of construction supervision contract.

Both parties to the contract shall prepare a construction supervision contract file in a uniform format of the model text. The first part is signed by the project legal person and the supervisory party after consensus. The second part of the contract standard conditions is prepared in accordance with the "Regulations for the Supervision of Hydropower Project Construction" to guarantee the legitimate rights and interests of both parties to the contract and to stipulate the rights and obligations of both parties to the contract. The third part of the contract-specific conditions is the environment for the specific conditions and implementation of each project, which is supplemented by the contractual parties and specified by the standard conditions. The fourth part of the contract subsidiary file consists of six subsidiary files to further specify the main issues of the scope and content of the service, the concentration of work, the provision of personnel equipment, supervision costs and payment.

The special conditions and auxiliary files shall be detailed, specific and easy to implement, and their breadth and depth shall be clarified in the contract by the parties to the contract.

The model text of this contract is applicable to the construction supervision of domestic hydropower projects.

Construction supervision contract

The purpose of this contract is to ensure the effective service and management of the contract signed by the owner and the third party through the supervision unit, so that Party A can obtain the engineering project that meets the specified quality standard at a reasonable cost within the time limit stipulated in the contract. At the same time, Party A accepts Party B's request for reasonable remuneration through efficient service.

This contract is signed by the project legal person ____ and the supervision unit ______.

1. Party A entrusts Party B to carry out the construction supervision of the ________________ project in accordance with the requirements of this contract.

1.1 The scope and content of the construction supervision shall be determined in the subsidiary file of the contract.

1.2 The period of construction supervision service shall be from the date of the year to the day of the month.

1.3 The amount of construction supervision fee for this project shall be settled by Party A to Party B in accordance with the provisions of the subsidiary file.

2. The composition files of this contract and their order are:

2.1 Construction supervision contract;

2.2 In the process of implementation of the construction supervision, the files supplemented and modified by the two parties and signed or in accordance with the contract file shall be valid;

2.3 Construction supervision contract subsidiary file;

2.4 Special conditions for construction supervision contract;

2.5 Construction supervision contract standard conditions;

2.6 Construction supervision tenders;

2.7 Construction supervision bidding documents and their clarification files.

Third, the contract constituent files form a whole, complementing and explaining each other. In case of ambiguity in the content, in the order listed, the former shall prevail.

4. This contract shall become effective after it has been signed by the legal representatives of the two parties or their authorized agents and affixed with the official seal of the unit. Each of the parties to the contract holds one copy of the original and a copy of the original.

person A person B:

Legal representative: Legal representative:

Address: Address:

Phone: Phone:

Zip code: Zip code:

Fax: Fax:

Bank of deposit: Bank of deposit:

Account number: Account number:

This contract is signed on the day of the month and is signed at:

Standard conditions for supervision contract of hydropower project construction

Word definition and interpretation

Article 1 The following nouns and terms have the following meanings unless otherwise specified in the context:

“Engineering project” refers to the project that the owner entrusts to implement the construction supervision.

“Project legal person” refers to the party that undertakes the direct investment responsibility, entrusts the supervision business, and its legal successor.

“Supervisory unit” refers to the party that undertakes the supervision business and supervision responsibility, as well as its legal successor.

The “supervisory organization” is an organization that the supervision unit is directly responsible for the implementation of the contract supervision business at the site of the project. It consists of the chief engineer, the supervision engineer and other supervisors.

The “Director of Science and Technology Engineer” is the general manager responsible for the supervision of the performance of the contract, which is nominated by the supervision unit and approved by the project legal person. It is also the overall responsible person of the supervision organization. The supervisory unit entrusts the chief engineer to exercise the license of the supervisory unit in the supervision contract, and also bears the corresponding contractual responsibility.

“Third Party” means the parties involved in the construction of the project other than the owner and the supervision unit.

"Day": refers to a normal calendar day.

"Month": is the period of time from the day of the calendar to the day before the corresponding date of the next month.

Applicable regulations and supervision basis

Article 2 The laws and regulations applicable to the construction supervision contract include the national laws, administrative regulations, hydropower project construction supervision and departmental regulations for hydropower construction and local relevant regulations at the location of the project.

Article 3 The main basis for carrying out construction supervision is the construction project archives and project construction contract files approved by the state or national authorized departments and agencies.

Notice and contact

Article 4 The owner shall authorize a resident representative who is familiar with the situation of the project and can make a decision quickly to contact the supervision institution and notify the supervision organization. To change the resident representative, the supervisory agency must be notified in advance.

Article 5 In the process of implementing the contract, all contacts between the parties shall be in writing. In special cases, you can verbally or by phone and immediately make a written notice.

Article 6 Under normal circumstances, the supervision organization is the only on-site construction manager of the supervised project on behalf of the owner. The main opinions and decisions of the owner on the construction of the relevant project shall be implemented through the supervision organization.

Obligation of the supervision unit

Article 7 The list of the chief engineer of the appointed chief engineer and its supervisory organization, the supervision plan and the sub-project supervision rules shall be submitted to the owner.

Article 8 According to the service period, equipment and personnel plan stipulated in the supervision contract, the equipment shall be mobilized and professional qualified and qualified personnel shall be stationed at the construction site of the project, the supervision organization shall be established and work shall be carried out, and the scope of supervision tasks agreed in the supervision contract file shall be completed. Supervision business.

Article 9 During the period of supervision service, the supervision unit may make reasonable adjustments to the personnel of the supervision organization according to the progress of the project and the needs of the supervision business. If the site personnel are replaced, they should be qualified and skilled. Among them, if the special conditions are agreed to belong to the main supervisor, the adjustment and replacement shall be reported to the owner for approval in advance. The personnel of the supervision organization shall remain relatively stable to ensure the normal operation of the supervision work.

Article 10 During the performance of the obligations of this contract, the supervision organization shall follow the supervision professional standards and behavioral norms, and apply reasonable skills to provide the owner with services that are compatible with the qualification level of the supervision unit, and help through scientific, conscientious, diligent and efficient work. The owner realizes the target of the project construction contract.

Article 11 The supervision institution shall carry out the project construction supervision work in accordance with the principle of “fairness, independence and autonomy”, and fairly safeguard the legitimate rights and interests of the owners and the supervised parties.

Article 12 The supervision institution shall promptly notify the owner and the supervised party in writing of the duties and permissions of the main supervisors on the site. In the process of supervision, the supervisory authority may issue or change such authorization through a written file. The instructions, instructions and visas issued by the on-site supervisors within the scope of effective authorization are considered to be issued by the supervisory authority.

Article 13 The supervision institution shall use the equipment, facilities and articles provided by the owner to belong to the owner's property, except for special provisions. After the completion of the supervision business or the termination of the contract, the equipment, facilities and the inventory list of the remaining items shall be submitted to the owner. The owner, and handed over at the time and manner agreed upon in the contract.

Article 14 The supervision unit shall not participate in any activities that are contrary to the provisions of the supervision contract. Except for the consent of the owner, the supervisory organization and its personnel shall not accept remuneration related to the supervision project and supervision business other than the contract of the supervision contract.

Article 15 During the period of this contract and after the termination of the contract, the confidential information related to the project and the business activities of this contract shall not be disclosed without the consent of the relevant party.

Owner's obligations

Article 16 The owner shall be responsible for the coordination of the external relations of the location where the project is constructed, and provide the working environment and external conditions stipulated in the contract for the supervision work.

Article 17 The owner shall, at the time agreed by both parties, provide the supervision organization with free engineering project contract documents, technical reports, drawings and other engineering materials required by the supervision organization related to the project. The methods of supply, number of copies, storage, recycling and confidentiality of the above engineering materials shall be specified in the special conditions.

Article 18 The owner shall, within the time limit agreed by the special conditions, make a written decision on the matters submitted by the supervisory unit or the supervision institution in writing and request the owner to make a decision, and send it to the supervisory party. If the supervisor has not received the decision of the owner over the agreed time limit, it can be understood that the owner has no objection to the supervisor's clear suggestion and regards the proposal as the owner's decision.

Article 19 Before the supervision business is carried out, the owner shall notify the supervised party and the relevant third party in writing of the contents of the supervision unit, the supervision, the name of the chief engineer, and the duties and permissions of the entrusted supervision unit. The duties and permissions granted to the supervising unit or the supervising organization shall be specified in the engineering construction contract signed with the supervised party.

Article 20 The owner shall provide the following assistance to the supervision institution:

Obtain a list of manufacturers of raw materials, components, machinery and equipment used in this project.

Provide a list of collaborating units and matching units related to the project.

Article 21 The owner shall provide the supervision organization with the equipment and facilities as stipulated in the subsidiary file of this contract for free.

Article 22 If the parties agree that the staff and service personnel provided by the owner with compensation or free of charge to the supervision organization shall be specified in the special conditions for the supervision contract. These personnel shall be deemed to be the members of the supervision body to accept the unified command and arrangement of the supervision organization and be responsible to the supervision organization.

The right of the supervisory unit

Article 23 The owner entrusts the supervisory unit with the following basic supervision permission through the project construction contract file signed with the supervised party:

Select the right to propose engineering design, construction and supply units;

The verification and confirmation right of the design files used in the project implementation shall be valid construction basis only if the drawings and files confirmed by the supervision organization and affixed with the official seals become effective;

The right to interpret the project contract file;

The design and project construction unit selects the right of confirmation and denial of the subcontracting unit;

Advise the owner on the relevant matters in the construction of the project;

The approval authority for construction measures, plans and technical solutions;

The project owner shall have the right to host the coordination on the spot;

Issue work orders, work stop orders, rework orders and reinstatement orders in accordance with the contract;

The right to inspect the materials and construction quality used in the project, the quality veto, the safety production and construction environmental supervision;

The inspection and supervision of the construction progress of the project, and the right to sign the contract period;

Have the right to dispose of the engineering changes below the agreed amount in the special conditions independently;

According to the relevant provisions of the project construction contract, the right to audit and sign the construction quantity measurement and the payment of the construction payment certificate shall be exercised. The owner shall not pay the construction cost without the signature of the supervision organization;

Have the right to request the contractor to remove incompetent on-site personnel.

Article 24 If the supervisory institution receives any opinions and requests from the owner or the supervised party to the other party, it shall promptly verify and evaluate it, and then negotiate with both parties. When there is a dispute between the owner and the supervised party, the supervising organization shall judge in an independent manner according to its own functions, conduct mediation impartially, and submit written disposition opinions.

Owner's rights

Article 25 The owner has the right to inspect and supervise the supervision organization and supervision business in accordance with the supervision contract. The owner has the final decision on the major issues in quality, progress and cost of the project construction.

Article 26 The owner has the right to request the supervisory unit to replace the incompetent main supervisory personnel until the contract is terminated.

Article 27 The owner has the right of approval and veto to the supervisory unit to change the chief engineer.

Article 28 The owner has the right to request the supervision institution to submit the supervision work report in accordance with the contract attached files.

Responsibility of the supervision unit

Article 29 The period of responsibility of the supervision unit is the validity period of the supervision contract.

Article 30 During the period of responsibility, the supervising unit shall bear the obligations stipulated in the performance of this supervision contract. In case of default, the owner should pay liquidated damages. The proportion of liquidated damages is stipulated in special conditions.

Article 31 If the direct economic loss of the owner is caused by the fault of the supervision unit, the owner shall be compensated. The total compensation shall not exceed the total amount of supervision fees, and the specific terms shall be agreed in the special clause.

Article 32 The supervisory unit shall not be liable for the quality requirements and time limits for completion of third party breach of the contract. However, it should bear the responsibility of the supervisor.

Article 33 The supervision contract cannot be performed in whole or in part due to force majeure, and the supervision unit is not liable.

Owner's responsibility

Article 34 The owner shall perform the obligations stipulated in the supervision contract. If the contract is breached, the company shall pay the liquidated damages to the supervision unit. The proportion of liquidated damages is stipulated in special conditions. If direct economic losses are caused to the supervision unit, compensation shall be made to the supervision unit.

Contract change and termination

Article 35 This contract shall come into force on the date of completion of the signing by both parties and shall terminate upon the expiration of the contractual service. In the supervision process, if the owner requests to extend the supervision service period, the two parties shall further agree on the corresponding extended contract service period and renew the contract service period extension agreement.

Article 36 If the supervision work is hindered or delayed due to the owner, or a third party, or force majeure, resulting in an increase in the workload or duration, the supervisory unit shall promptly notify the owner of the situation and the possible impact. The increased workload is considered as an additional job, and the time to complete the supervision business should be extended accordingly and additional remuneration will be obtained.

Article 37 If the supervision contract needs to be changed due to changes in circumstances, the party requesting the change shall notify the other party in writing, and the contract shall be changed after the two parties have agreed to sign and sign the supervision contract change or supplementary agreement. To this end, the request for change by one party must be sent to the other party at least 42 days in advance, so that the other party has the necessary time to consider.

Article 38 If the owner requests the supervision unit to suspend the supervision business or terminate the supervision contract in whole or in part, it shall notify the supervision unit 56 days in advance, and the supervision unit shall immediately make arrangements to stop the implementation of the supervision business. At the same time, the owner is liable for breach of contract.

Article 39 When one of the parties considers that the other party of the contract has no justifiable reasons and fails to perform the contractual obligations, it may give notice of its unfulfilled obligations to the other party to the contract. If the reply is not received within 28 days after the notice is served, the notice of termination of the supervision contract may be issued within 14 days thereafter, and the supervision contract shall be terminated.

Article 40 When the relevant laws and regulations of the state change after the entry into force of the contract, the signatory parties may make adjustments and changes to the relevant terms and files of the contract after consultation.

Article 41 During the period of supervision contract service, due to major adjustments or force majeure of the project construction design, the project shall be suspended in whole or in part until the contract has to be terminated, after the owner has submitted a written notice of termination of the contract, the supervision The contract is terminated. The part of the supervision service that has been fulfilled is charged with the supervision fee according to the contract, and the unfulfilled part is negotiated by the two parties to compensate the supervision unit for the aftermath.

Due to the responsibility of the supervisory unit, the contractor shall terminate the contract, and the supervisory unit shall not accept the expenses of not performing the supervision business period.

Article 42 The termination of an agreement of a contract does not affect the responsibility of the parties.

Supervision fee calculation and payment

Article 43 The remuneration for routine supervision business, additional work and extra work shall be calculated in accordance with the method stipulated in the subsidiary file of this contract and shall be paid according to the agreed time and amount.

Article 44 If the owner fails to pay the supervision fee within the prescribed payment period, from the date of the payment to the date of payment, the interest of the delinquent period shall be compensated in addition to the payment of the principal of the remuneration to the supervisory unit. The amount of interest is calculated by multiplying the interest rate of the bank loan on the last day of the prescribed payment period by the time of the arrears.

Article 45 If the owner files a protest against the fee or partial remuneration in the payment notice submitted by the supervising unit, he shall send a notice of anti-notification to the supervising unit within 7 days of receiving the payment notice, but the owner shall not default on other non-resistance fees or honoraria. Payment of the project.

Article 46 The expenses incurred by the supervisors of the commissioned project construction supervision business and approved by the owner shall be borne by the owner.

Rationalization proposal

Article 47 The rationalization proposal put forward by the supervision organization in the supervision process shall enable the owner to obtain direct economic benefits. The owner shall give the supervision unit reasonable suggestions and rewards according to the special conditions of the supervision contract. The project's early production award is implemented according to special conditions.

Settlement of Disputes

Article 48 The compensation for damages and damages caused by the breach or termination of the contract shall be settled through friendly negotiation between the owner and the supervisory unit on the principle of mutual understanding, equality and mutual benefit. If the contract dispute is not reached through negotiation, the contract may be submitted to the competent department of national hydropower for mediation according to the contractual conditions. If it is still not possible to reach an agreement, it may be submitted to arbitration or prosecuted in a people's court.

Article 49 During the negotiation, mediation, arbitration or litigation of contract disputes, both parties shall still guarantee the normal operation of the project.

Special conditions for construction supervision contract of hydropower project

This contractual clause is an explicit addition, modification or addition to the relevant provisions of the standard clause of the supervision contract. When the exclusive terms and conditions conflict with the standard terms, the special terms shall prevail and the terms of the standard terms that have not been modified or supplemented shall continue to be valid.

Article 2 The regulations of other departments and the relevant laws and regulations of the place where the project is located:

Article 4 Permanent Representatives of Project Legal Persons:

Name:

Position:

contact address:

contact number:

Article 9 The main supervisors:

Article 17 The information and management requirements of the owner:

The catalogue and number of copies provided by the Convention;

Information storage, recycling and confidentiality requirements.

Article 18 The time limit for the reply of the owner's file for the decision-making submitted by the supervisory institution in writing:

General file

Urgent matter report file days.

Article 22 Staff and service personnel provided by the owner:

List of tables;

Fee payment standards and methods.

Article 23 The amount of the right to dispose of and the scope:

Article 40 When the national laws and regulations change, the adjustment and change of the supervision contract shall be:

Article 41 The proportion of defaults payable by the owner to the supervision unit:

Article 42 The proportion of compensation fees payable by the supervision unit to the owner:

Article 47: Suggestions for rationalization:

Calculation method of economic benefits;

Reward calculation rate;

The payment method of the reward.

Article 48: Mediation and Arbitration of Contract Disputes:

The mediation body agreed by both parties;

The arbitration institution agreed by both parties.

Other contractual terms and conditions.

Hydropower Project Construction Supervision Contract Affiliated Archives Auxiliary Archives A Supervision Project Description:

Scope and content of subsidiary file B supervision service

B-1 Scope of supervision services:

B-2 Supervision content:

B-2-1 design aspect

Assist the owner to sign the survey design, scientific research test and construction drawing supply agreement with the survey design and scientific research unit;

Manage the relevant contracts and agreements signed by the owner and the design unit, and urge the design unit to supply qualified design files in time according to the contract and agreement requirements;

Familiar with the design file content, check whether the design file meets the approved design task book and the original approval opinion, and whether it meets the survey design contract;

Representing the owner to verify the design files and design changes, and provide suggestions and recommendations for optimization;

Timely issue design files to the project contractor, contact the design unit in time for problems, and report major problems to the owner;

Organize the design unit to carry out on-site design;

Assist the owner to discuss the major technical issues and optimization design with the design unit;

Review the opinions and suggestions of the contractor on the design file, conduct research with the design unit, and urge the design unit to reply as soon as possible;

Representing the owner on the design files submitted by the contractor according to the project contract record;

Keep all design files and process materials;

Other related businesses.

B-2-2 Purchasing aspects

Assist the owner to carry out procurement tendering and contracting work;

Manage procurement contracts and supervise and control the progress of procurement plans;

Equipment supervision and urging of major permanent engineering equipment;

Assist or on behalf of the owner to carry out quality inspection and arrival inspection of permanent engineering equipment;

Other related businesses.

B-2-3 Construction

Assist the owner to carry out project bidding and sign the project contract;

Comprehensively manage the project contract for construction and review and approve the subcontracting unit qualifications and subcontracting projects selected by the contractor;

Supervise the owner to implement the construction conditions that must be provided in accordance with the provisions of the project contract, inspect the preparatory work for the construction contractor, and issue a contract construction start order after passing the inspection and examination;

Approving the construction organization design, construction technical measures plan, operation procedures, process test results, temporary construction design, and raw materials used by the contractor;

Issue supplementary design files, technical specifications, etc., and respond to suggestions and opinions submitted by the project contractor;

Project schedule control: assist the owner to prepare the project control progress plan, propose the project control progress target, and review and approve the construction implementation progress plan proposed by the contractor to check its implementation. Supervise the contractor to take practical measures to achieve the contractual objectives. When there is a large deviation in the implementation schedule due to various reasons, the owner shall be promptly proposed to adjust the control progress plan and complete the adjustment after approval by the owner;

Construction quality control: review the quality control system and measures of the contractor and verify the quality file. According to the project contract archives, design archives, technical specifications and quality inspection standards, the pre-construction preparations shall be inspected, and the construction procedures and resource inputs shall be supervised. Based on the unit projects, the foundation works, concealed works, and sub-items shall be The quality of the project is checked, the visa and the quality of the construction are evaluated;

Project cost control: assist owners to prepare investment control targets and annual investment plans. Review the fund flow plan submitted by the contractor, review the acceptance measurement and unit price of the contractor, and issue payment vouchers. Accept the claim, conduct a claim investigation and negotiation, and submit a handling opinion. Handle the contract and engineering changes according to the owner's authorization, and issue the change order;

Construction safety supervision: check construction safety measures, labor protection and environmental protection facilities, and flood control measures during flood season. Participate in major safety accident investigations and submit treatment opinions;

Coordinate the work of all parties involved in the project construction within the scope of the authorization of the supervision contract, and compile and issue the minutes of the construction coordination meeting;

Assist the owner to carry out the acceptance and completion acceptance of the project at the various stages in accordance with the state regulations, and review the completed drawings and materials prepared by the design unit and the project contractor;

Information management: Do a good job in construction site supervision records and information feedback. Prepare the supervision month and annual report according to the requirements of the subordinate file of the supervision contract, and reorganize and manage the project materials and archives on schedule, and hand over to the owner after the completion of the project completion or supervision service period;

Other related work.

B-2-4 Consulting

Entrusted by the owner and the consulting expert hired by the owner to work accordingly;

Provide engineering materials and files to consultants in accordance with the terms of the consulting contract;

Receive and analyze research consultants' recommendations and memos, select reasonable content, and make written reports.

B-3 Information file that the supervision organization should provide to the owner

B-3-1 Regular Information File

According to the project, scope and content of the supervision project, the monthly supervision report will be submitted to the owner as the construction progresses. The main contents are as follows:

Construction quality;

Progress of the project;

Access to construction machinery and equipment and labor force dynamics;

Contract changes and engineering changes;

Project payment situation;

Supervision work;

other.

B-3-2 Irregular report based on the progress of the supervision project

Advice on engineering optimization design or change or construction progress;

Proposals for funding, resource inputs and rational allocation;

Project progress forecast analysis report;

Other reports that the owner reasonably requested.

B-3-3 Supervision Process File

Construction measures plan approval file;

Construction schedule adjustment approval file;

Supervisory coordination meeting minutes file;

Other supervisory business transactions.

B-3-4 File number of copies

Subsidiary file C provides equipment and facilities

C-1 Housing, facilities, equipment and items and time provided by the owner.

C-2 Equipment, articles and arrival time provided by the supervision unit.

C-3 Use, maintenance, maintenance and operation costs of equipment and facilities.

Subsidiary file D Supervision fee and payment

D-1 Supervision Cost Composition and Calculation Method

D-2 Adjustment and adjustment of supervision costs

.

D-3 Payment of supervision fees

Subsidiary file E Supervisory organization and personnel plan

E-1 Supervision organization and post responsibility

E-2 List of main supervisors

E-3 List of Owners Provided

Subsidiary file F supervision plan

The supervision plan shall be prepared by the supervision unit for the supervision objectives, methods and main means of the supervision project. In the case of supervision bidding, in the form of the supervision outline, it shall be sent to the owner as one of the contents of the supervision bidding. After winning the bid, on the basis of the supervision outline, the project shall be revised according to the actual situation of the project, and the supervision plan shall be improved and sent to the owner for inclusion in this subsidiary file. .