Project construction bidding contract (conditions for land project construction supervision service agreement)

Civil engineering construction supervision service agreement conditions

Definition and interpretation

l definition

The following wording and terminology, with the exception of the above and below, shall have the meanings given below:

“Project” means the work specified in the Appendix to the Agreement and constructed for it.

“Service” means the services performed by the Supervising Engineer in accordance with the Agreement, including normal services, additional services and additional services.

“Engineering” is a permanent project implemented to complete a project.

“Owner” means the party that hires the Supervising Engineer referred to in this Agreement and the legal heirs and permitted assignees of the Owner.

“Supervisory Engineer” means the “one party” and “party” of the party that is employed by the owner to perform the service as an independent professional company and the legal heir of the supervision engineer and the permitted assignee. Refers to the owner and the supervision engineer. “Third Party” means any other party or entity required by the Context.

“Agreement” refers to the conditions of the Agreement on Construction Supervision Services for Civil Engineering and the Appendix to the Agreement, the Attached File A, the Subordinate File B, the Attached File, the Letter of Acceptance and the Formal Agreement.

“Day” means any period from midnight to the next noon and night.

“Month” refers to a period of one month starting from any day of the month according to the solar calendar.

“Local currency” refers to the currency of the country in which the project is located, and “foreign currency” refers to any other currency.

“Agreed compensation” means the additional amount payable under the Agreement as specified in the appendix to the Agreement.

“Applicable law” means legally binding laws and other files issued and effective in the country or territory where the project is located.

2 explanation

The headings in this Agreement are not part of their 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 agreement, the chronological order shall prevail.

Supervisory engineer's obligations

3 service scope

The supervision engineer shall perform the services related to the project. The scope of the service is specified in the attached file A.

4 normal, additional and additional services

The normal service refers to the type of service described in the attached file A.

Additional services refer to the types of services described in Subsidiary Archive A or to those services that are otherwise attached to the normal service by written agreement between the parties.

Additional services are those services that are neither normal nor attached, but must be performed by the supervising engineer under section 28.

5 earnestly perform due diligence and exercise authority

Supervising Engineers shall use reasonable skills and work diligently and diligently in the performance of their obligations under this Agreement.

When the service includes the exercise of authority or the performance of an authorization or when the contractual terms signed by the owner and any third party are required, the supervision engineer shall:

Work in accordance with the contract, if the detailed provisions of the powers and duties are not specified in the subsidiary file A, these detailed provisions must be acceptable to him.

Provely prove, decide or exercise your right of treatment between the owner and the third party, if so authorized. But not as an arbitrator, but as an independent professional based on his own functions and judgments.

The obligations of any third party may be changed, if so authorized. However, any changes that may have a significant impact on the cost or quality or time must be approved in advance by the owner.

6 owner's property

Any items provided or paid by the owner for use by the supervising engineer are the property of the owner. The well should be so marked as practicable. When the service is completed or terminated, the supervising engineer shall submit an inventory of the unused items in the service. Give the owner and hand over such items as directed by the owner. Such transfers should be considered as additional services.

Owner's obligations

7 data

In order not to delay the service, the owner should provide the supervising engineer with all the information he can obtain and related to the service for free within a reasonable time.

8 decision

In order not to delay the service, the owner shall make a written decision on all matters submitted to him by the supervising engineer in writing within a reasonable time.

9 assistance

In the country where the project is located, the owner should make every effort to provide the following assistance to the supervising engineer and his staff and his subordinates on a case-by-case basis;

Provide the files needed for entry, residence, work and exit;

Provide unimpeded access to services;

Import, export and customs clearance of items required for personal property and services;

Repatriation in the event of an accident;

Provide the following powers: z to allow the supervising engineer to remit foreign currency for personal use due to the purpose of the service and his staff;

Allow foreign currency to be remitted from the performance of the service;

Provide channels to connect with other organizations so that the supervising engineer collects the information he wants to obtain.

1O equipment and facilities

The owner shall provide the supervising engineer with the equipment and facilities specified in the attached file B for the purpose of service for free.

11 owner's staff

After consultation with the supervision engineer, the owner shall select and provide staff for the supervision engineer from his employees at his own expense in accordance with the provisions of the subsidiary file B. When it comes to service, such staff should only receive instructions from the supervision engineer.

12 other personnel services

The owner shall arrange for the provision of services by other personnel at his own expense, in accordance with the instructions in the attached file B. Supervising engineers should work with the providers of such services, but are not responsible for such personnel or their actions.

Staff

13 staff of the offer

Staff assigned by the supervising engineer to work in the country where the project is located should undergo a medical examination and should be able to adapt to their work, and their qualifications should be approved by the owner.

The staff provided by the owner in accordance with Article 11 shall be approved by the supervision engineer.

If the owner fails to provide the services of the owner's staff or other personnel that he is responsible for providing, and both parties believe that such provision is necessary to satisfactorily perform the service, the supervising engineer may arrange such provision as an additional service.

14 representatives

For the management of this Agreement, each party shall designate a senior staff member or individual as its representative.

If requested by the owner, the supervising engineer shall designate a person to establish a contact relationship with the owner's representative in the country where the project is located.

15 staff replacement

If it is necessary to replace any person, the party responsible for the appointment should immediately arrange and replace it with a person of equal competence.

The cost of such replacement shall be borne by the party responsible for the appointment, unless such replacement is made by the other party.

This request shall be made in writing and shall state the reason for the change, and if the failure to perform the task satisfactorily or cannot be satisfactorily established, the party making the request shall bear the replacement fee.

Responsibility and liability between the two parties

16.1 Responsibility of the supervision engineer

If it is confirmed that the Supervising Engineer has violated Article 5, he shall be responsible for compensation only to the Owner for matters arising from or related to this Agreement.

16.2 Owner's responsibility

If it is confirmed that the owner has violated his responsibility to the supervising engineer, the owner shall be responsible for compensation to the supervising engineer.

16.3 Compensation

If any party is held liable to the other party, compensation shall be paid only under the following conditions;

Such compensation shall be limited to the amount of loss or damage reasonably foreseeable resulting from such breach of contract, and not the other;

In any event, the amount of such compensation shall be limited to the amount specified in No. 18.1;

If either party is considered to be jointly responsible for the other party with the third party, the proportion of compensation paid by either party responsible shall be limited to the proportion of the party responsible for the breach.

17 period of responsibility

Neither the owner nor the supervising engineer shall be liable for any loss or damage caused by any event unless the claim is filed with the owner or the supervising engineer before the termination of the corresponding time period specified in the appendix to the agreement or earlier date as may be required by law. Be responsible for.

18 compensation limits and guarantees

18.1 Limit of compensation

In accordance with the provisions on liability in Article 16, the maximum amount of compensation paid by either party to the other party shall be limited to the amount specified in the appendix to the agreement. This limit does not affect any agreed compensation under the provisions of paragraph 1 of Article 31 or this Agreement or otherwise.

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.

If either party makes a claim to the other party and the request cannot be established, the claimant shall fully compensate the other party’s expenses as a result of the claim.

18.2 Guarantee

If permitted by applicable law, the Owner shall protect the Supervising Engineer from the adverse effects of all claims, including such claims by third parties arising out of or in connection with this Agreement:

Unless such claim is included in insurance under Section 19;

Such claims are filed after the termination of the liability period referred to in article 17.

18.3 exception

Clauses 18.1 and 18.2 do not apply to claims arising from:

Dereliction of duty or carelessness;

Matters not related to the performance of the contractual obligations.

19 insurance and protection of liability

The owner can come to the supervision engineer in writing:

Insurance the liability of the supervising engineer specified in Clause 16.1;

On the basis that the owner first invites the supervising engineer to insure the company on the date of submitting the proposal for the service, the additional insurance amount shall be added to the responsibility of the supervising engineer specified in Clause 16.1;

Insurance against public or third party liability;

On the basis of the first time the owner invites the supervising engineer to insure the company on the date of submitting the proposal for the service, the amount of insurance is added to the public or third party liability;

Carry out other insurance.

If so required, the Supervising Engineer shall make all reasonable efforts to allow the insurer to apply for such insurance or additional insurance coverage under conditions acceptable to the Owner.

The cost of such insurance or the cost of additional insurance shall be borne by the owner.

20 property insurance

Unless otherwise requested by the Owner, the Supervising Engineer shall use all reasonable endeavours to insure the following in accordance with conditions acceptable to the Owner:

Loss or damage to the property of the owner provided or paid under section 6;

Liability due to the use of the property.

The cost of such insurance should be borne by the owner.

The beginning, completion, change and termination of the agreement

21 Agreement comes into effect

From the date of the final signature required to complete the formal agreement or the date of approval by the local authorities, the effective date of the agreement shall be the later.

22 start and finish

The service must be started and completed within the time or period specified in the appendix to the agreement, with the exception of the extension of the agreement.

23 changes

The agreement may be changed when either party makes an application and the written consent of both parties.

24 further suggestions

If the owner requests in writing, the supervising engineer should submit a proposal to change the service. The preparation and submission of such recommendations should be an additional service.

25 delay

If the owner or his contractor impedes or delays the service, increasing the workload or duration of the service, the supervising engineer shall notify the owner of the situation and possible impact;

This increase should be considered as an additional service;

The time to complete the service should be extended accordingly.

26 changes in the situation

If there is a situation in which the supervising engineer is not responsible under this agreement, and the situation is such that the supervising engineer is not responsible or unable to perform all or part of the service, he shall immediately notify the owner.

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.

If the speed of fulfilling certain services has to be slowed down, the completion period of such services may have to be extended due to this situation.

27 Cancellation, suspension or termination

27.1 Notice of the Owner

The owner may notify the supervising engineer to suspend all or part of the service or terminate this agreement at least 56 days in advance, and the supervising engineer shall immediately arrange to stop the service and minimize expenses.

If the owner believes that the supervising engineer has not fulfilled his obligations without justifiable reasons, he may notify the supervising engineer to explain the reason for the issuance of the notice. If the owner does not receive a satisfactory response within 21 days, he may terminate this Agreement by giving further notice, but such further notice shall be given within 35 days after the first notice of the owner is issued.

27.2 Notice of Supervising Engineer

In the following circumstances, the Supervising Engineer may issue a further notice to the Owner at least 14 days after the further notice is given, and at least 42 days after the further notice is issued, he may terminate this Agreement or, without prejudice to his termination rights, Suspend or continue to suspend all or part of the service.

28 days after the date on which the payment document is due, he has not received the portion of the payment that did not file a written objection at that time, or has been suspended under section 26 or section 27.1 and the suspension period has exceeded 182 days. Time.

28 additional services

When the circumstances described in Article 26 occur, or when the service is revoked or suspended or resumed, or when the Agreement is not terminated in accordance with paragraph 27.1, any supervising engineer shall do in addition to normal or additional services. The cost of work or expenses should be considered as an additional service.

The supervising engineer is entitled to the additional time and expense required to perform additional services.

29 Rights and responsibilities of all parties

Termination of this Agreement shall not prejudice or affect the rights or claims and liabilities of the parties.

Pay

30 payments to supervision engineers

The Owner shall deliver the normal service remuneration to the Supervising Engineer in accordance with the conditions of the Agreement and the Rules stipulated in Sub-File C, and pay the additional services in accordance with the rates and prices stipulated in Sub-File C or based on the rates and prices. Rates and prices apply, otherwise they are paid at the rates and prices agreed upon in Article 23.

Unless otherwise agreed in writing, the owner will deliver the additional services to the Supervising Engineer:

The remuneration of the supervisory engineer's staff for the additional time spent on the service in the performance of the service;

The net cost of all other additional expenses spent by the supervising engineer.

31 time paid

The due amount of the supervision engineer shall be paid promptly. If the owner fails to pay the due amount within the time specified in the appendix to the agreement, the agreed compensation shall be paid according to the interest rate specified in the appendix to the agreement, and the compensation shall be added to the overdue payment each month. In the amount of the amount, the compensation is calculated in the currency of the expired unpaid amount from the date indicated on the invoice.

The agreed compensation shall not affect the rights of the supervising engineer specified in No. 27.2.

32 paid currency

The currency applicable to this Agreement is the currency specified in the appendix to the Agreement.

When payments are made using other currencies, the net amount of the deduction shall be calculated and paid at the exchange rate specified in the appendix to the agreement.

Unless otherwise specified in Subsidiary File C, the Owner shall ensure that the Supervising Engineer is able to promptly remit the portion of the local currency or foreign currency that he/she receives in the owner's home country in connection with the performance of the service.

If, on the date of signing this Agreement or during the performance of the service, the circumstances of the owner may be contrary to the conditions specified in the agreement, such as:

Prevent or delay the supervision engineer to remit the local currency or foreign currency received in the country where the owner is located, or restrict or obtain foreign currency in the owner's country, or when the supervising engineer uses local currency expenses to transfer from abroad to the owner's country. When foreign currency is entered, and then the local currency with the same total amount is remitted abroad, it is taxed or different exchange rates are imposed, thereby preventing the supervising engineer from performing the service or causing his financial loss. At this time, if no other supervisory engineer is made Satisfactory financial arrangements, the owner should ensure that this situation is applicable to the provisions of Article 26.

33 Third party charges for supervision engineers

Except as provided in Article 39, the Appendix to the Agreement or the Attachment File C, the Owner shall be the Supervising Engineer and the staff member who does not normally reside in the country where the Project is located, as a result of this Agreement, for the Government or Exemptions are required for payments from authorized third parties, including:

Their remuneration;

In addition to food and beverages, the items they import are used for the import of services;

file.

When the owner fails to successfully process the above exemption, he shall reimburse the supervision engineer for such payment.

When the above items are no longer needed for service and the above items are not the property of the owner, it is stated that:

The above items may not be sold in the country where the project is located without the approval of the owner;

The above items may not be exported without paying the owner a refund or refund that can be recovered and received from a government or authorized third party.

34 controversial invoices

If the owner objects to any item in the invoice submitted by the supervising engineer or part of a project, the owner shall immediately give notice to explain the reason, but he may not delay the payment of other items in the invoice. The first paragraph of Article 31 shall apply to all disputed amounts ultimately paid to the Supervising Engineer.

35 independent audit

Supervising engineers should maintain up-to-date records that clearly demonstrate time and expense.

In addition to the fixed price payment required by the agreement, within 12 months after the completion or termination of the service, the owner issues a notice seven days in advance, requesting him to appoint a reputable accounting firm to audit any amount declared by the supervising engineer. The audit shall be conducted in the office where the records are kept during normal business hours.

General provisions

36 languages ​​and laws

One or more languages ​​of the agreement, the dominant language, and the law to which the agreement is followed are set out in the appendix to the agreement.

37 changes in regulations

If, after the conclusion of this Agreement, the service fee or service period changes due to changes or additions to the regulations of any country in which the service is performed, the agreed remuneration and completion time shall be adjusted accordingly.

38 transfer and subcontract

Except for the transfer of the payment, the supervision engineer shall not transfer the benefits referred to in this agreement without the written consent of the owner.

Neither the owner nor the supervising engineer may assign the obligations set forth in this Agreement without the written consent of the other party.

Without the written consent of the Owner, the Supervising Engineer shall not begin to implement, vary or terminate any subcontracts for performing all or part of the Services.

39 taxes

The supervision engineer and its related staff shall pay the enterprise and personal income tax, as well as other taxes and foreign tax payable according to the laws of the country where the project is located.

40 copyright

The supervising engineer has copyright in all files compiled by him. Owners are only authorized to use or reproduce such files for the purpose of the Engineer and for the intended purpose, and the use of such files is not permitted by the Supervising Engineer when used for this purpose.

41 conflict of interests

Supervising engineers and their staff should not and should not accept project-related benefits and rewards other than those specified in the agreement, unless otherwise agreed in writing by the owner.

Supervising engineers shall not participate in Renhe activities that may conflict with the interests of the owners as specified in the agreement.

42 notice

The relevant notice of this Agreement shall be in writing and shall come into force when received from the place indicated in the appendix to the Agreement. Notifications may be delivered by personnel or by fax, but with a written receipt confirmation. Or by registered mail, or telex, but then confirmed by letter.

43 published

Supervising engineers may publish materials related to engineering and services, either alone or in conjunction with others, unless otherwise specified in the appendix to the agreement. However, if the relevant materials are published within three years after the completion or termination of the service, they must be approved by the owner.

Settlement of disputes

44 claims for loss or damage

In accordance with the provisions of Article 17, any claim for loss or damage caused by a breach or termination of the Agreement shall be agreed between the Owner and the Supervising Engineer. If no agreement is reached, it shall be in accordance with Article 45. Submit to arbitration.

45 arbitration

Any dispute or claim arising out of or relating to the Agreement, or breach of contract, termination of the Agreement or invalidation shall be settled by arbitration in accordance with the rules set out in the Appendix to the Agreement and in force on the effective date of the Agreement.

Both parties agree to abide by the outcome of the ruling and waive their right to protest in any form as long as such waiver is actually effective.