General conditions for construction supervision contract of highway engineering

1 definition and interpretation

1.1 definition

The following words or terms, in addition to their meaning according to the context, should generally have the following meanings.

1.1.1 The project owner's construction project and the entrusted supervision unit provide the object of supervision service, and the specific conditions are specified in the special conditions.

1.1.2 Engineering One or several permanent projects implemented to complete the project, the general description of which is described in the special conditions.

1.1.3 The service supervision unit shall perform the work undertaken according to the supervision contract, including normal service, additional service and additional service, also known as supervision service.

1.1.4 The owner entrusts the supervisory unit to provide the supervision service unit or its legal successor or its legal assignee.

1.1.5 The supervising unit is a legal person entrusted by the owner to provide supervision services and its legally qualified legal person or its legal heir or its legal assignee. According to the context, it also refers to the organization that the supervising unit is stationed in the supervision contract according to the supervision contract.

1.1.6 One owner or supervisory unit.

Both owners and supervisors.

A third party generally refers to a unit or individual that signs a project contract with the owner. However, depending on the context, it may also be other parties involved in project construction.

1.1.7 The supervision contract shall generally include: the tendering letter or the letter of entrustment of the highway engineering construction supervision: the agreement, general conditions, special conditions, subsidiary file A, subsidiary file B, and subsidiary file C in the “construction contract for highway engineering construction”; "Code for Construction Supervision of Highway Engineering"; construction supervision and bidding documents for highway engineering; supplementary or revised files signed by both parties; and other files or auxiliary files signed by both parties.

1.1.8 Project proposal The construction supervision bidding file or supervision plan of the supervision unit approved and accepted by the owner.

1.1.9 days is the calendar day.

1.1.10 Months The period from the start of any day in a month to the previous day of the corresponding day of the next month.

1.2 explanation

1.2.l The title in the supervision contract is for convenience of reference and should not be understood as the content of the supervision contract itself, nor is it used to explain the supervision contract.

L.2.l For the sake of conciseness, some words in the supervision contract may have multiple meanings. The reading should be defined according to the actual needs of the context.

113 If there is a contradiction between the files included in the supervision contract, the files that are finalized or finalized by both parties shall prevail in chronological order.

2 obligations of the supervision unit

2.1 Form, scope and content of supervision services The supervision unit must perform the supervision services related to the project in accordance with the form, scope and content of the supervision contract. The specific content is specified in the subsidiary file A of the supervision contract.

2.2 normal and additional services

2.2.1 The normal service refers to the supervision service specified in the subsidiary file A of the supervision contract.

2.2.2 Additional services refer to the additional supervision services added by the two parties in addition to the normal services specified in the sub-file A of the supervision contract by signing a supplementary agreement or in accordance with the provisions of the supervision contract.

2.3 Duties

2.3.1 The supervision unit shall perform the supervision service cautiously and diligently in accordance with the principles of strict supervision, enthusiasm service, impartiality and meticulousness, in accordance with the requirements of the supervision contract, and according to the applicable professional technical regulations and recognized industry working standards of international practice. The powers or required authorizations performed by the supervision unit in the course of performing the supervision services shall be specified and specified in the subsidiary file A of the supervision contract.

2.3.2 If the supervisory unit exercises the powers or required authorizations in the process of performing the supervision services, the contract files signed by the owner and the third party must be part of the supervision contract. In case of contradictions, a supplementary explanation file should be prepared and included in the supervision contract. At this point the supervision unit should:

2.3.2.1 Perform supervision services according to the supervision contract file and project contract file;

2.3.2.2 Depending on the scope of duties, the powers conferred by the above contract files shall be independently and impartially exercised between the owner and the third party;

2.3.2.3 According to the authorization of the above contract file, the corresponding engineering and contract matters may be changed. However, the engineering standards and third party responsibilities and obligations specified in the project contract file shall not be changed without the written approval of the owner.

2.4 Supervisors

2.4.1 The supervisory personnel who are dispatched to the project site to perform the supervision services must be able to adapt to the supervision services as stipulated in the supervision contract. The qualifications of the main supervisors should be described in detail in the project proposal and approved by the owner.

2.4.2 In order to perform the supervision service, the supervision unit shall designate an authorized representative to establish a working relationship with the authorized representative of the owner in the project proposal.

2.4.3 The supervisory unit needs to replace the main supervisors who are stationed in the project site to perform the supervision services due to work arrangements or other reasons. The owner's consent should be obtained in advance.

2.4.4 The owner has the right to request the supervisory unit to replace the resident personnel who cannot supervise the service in accordance with the provisions of the supervision contract.

2.4.5 Even if the owner is required or agreed to replace the supervisor, the qualification of the substitute should still be recognized by the owner.

2.4.6 The project leader and the main supervisor of the supervision unit stationed in the location where the project is performed shall be resident at the scene.

2.5 owner property

All facilities, equipment and articles provided by the owner to the supervisory unit are the property of the owner, and the supervisory unit shall take care of it when using it. When the supervision service is completed or suspended, the supervision unit shall submit the list of the above-mentioned facilities and equipment that have not been used to the owner. If it is stipulated in the special conditions that the supervision unit is responsible for the transfer of the above facilities, equipment and articles, this work may be used as an additional service of the supervision unit or incorporated into the service fee quotation of the supervision unit.

26 confidentiality

During the period of validity of the supervision contract or the special conditions specified in the supervision contract, the supervision unit shall not disclose the confidential information of the owner and the project, the project and the supervision contract without the written consent of the owner.

3 owners' obligations

3.1 Supervision working conditions

The owner shall provide the supervision unit with the working conditions necessary for the performance of the service in accordance with the provisions of the supervision contract. The specific content is specified in the subsidiary file B of the supervision contract.

3.2 Information

The owner shall provide the supervision unit with free information related to the performance of the supervision service by the supervision unit in accordance with the provisions of the sub-file B of the supervision contract.

3.3 decision

The landlord shall make a written decision on the major issues submitted by the supervisory unit in writing and requesting a reply within the time specified in the sub-file B of the supervision contract.

3.4 representative

The owner shall appoint an authorized representative to establish a working relationship with the authorized representative of the supervisory unit. The supervisory unit must be notified 7 days in advance when changing the representative or changing its authorization.

3.5 Authorization Notice

The owner must delegate the power of the supervision unit and the owner to the supervision unit, and notify the third party in writing in a timely manner.

3.6 Facilities and articles

The owner shall provide the supervision unit with free facilities, equipment, articles and corresponding services related to the supervision service of the supervision unit in accordance with the provisions of the sub-file B of the supervision contract. If the supervising unit is required to bring all or part of the above-mentioned facilities, equipment and important items, it must be specified in the sub-file B of the supervision contract. This work should be included as an additional service of the supervising unit or in the quotation of the supervision service fee of the supervising unit.

3.7 Auxiliary staff

The owner shall, in accordance with the requirements of the sub-file B of the supervision contract, dispatch the auxiliary staff related to the supervision service by the supervision unit free of charge. The above-mentioned personnel shall obey the work arrangement and management of the supervision unit and be responsible for their own actions. If the supervising unit is required to hire all or part of the above-mentioned personnel, the work shall be included as an additional service of the supervising unit or be included in the quotation of the supervision service fee of the supervising unit.

4 responsibility and protection

4.1 The compensation unit of the supervision unit

If the supervising unit violates the provisions of the supervision platform and causes the economic loss of the owner, it shall compensate the owner and the compensation method shall be stipulated in the special conditions. The supervisory unit shall not be liable for any economic losses caused by third party liability. If the supervising unit and the owner or a third party are jointly responsible for the relevant economic losses, the compensation shall be calculated according to the proportion of the responsibility. The above liability compensation of the supervision unit shall be handled in accordance with the provisions of Article 4.4 of this contract.

4.2 Owner's Liability

If the owner violates the provisions of the supervision contract and causes economic losses to the supervision unit, it shall compensate the supervision unit, and the compensation method shall be stipulated in the special conditions.

4.3 Term of liability

The compensation required by either the owner or the supervisory unit to the other party shall be filed in writing within 28 days after the occurrence of the compensation event. If the event is continuous, the claim shall be filed within 7 days after the first occurrence of the event, and the evidence that the incident is still developing shall be provided every 7 days until the event is officially filed within 28 days after the event is over. Claim file. Otherwise, both the owner and the supervisory unit have the right to reject the above claim.

4.4 Limit of compensation

In view of the fact that the parties have agreed in any special conditions to the maximum amount of compensation paid by either party to the other party in accordance with Articles 4.1 and 4.2 of this contract, the parties hereby agree to waive the remaining compensation claim exceeding the limit. However, the compensation provided in other clauses of this contractual condition and the claim arising from the intentional breach of contract by either party are not subject to the limit.

4.5 protection

4.5.1 Before the supervisory unit does not violate relevant laws and regulations, the owner shall protect the supervision unit from external claims or interference caused by the performance of this supervision contract.

4.S Both parties may stipulate in special conditions that the supervision unit shall submit the performance guarantee or performance bond to the students in the form approved by the owner. If the supervisory unit fails to perform the supervision contract in whole or in part without justified reasons, the owner has the right to confiscate all or part of the performance bond according to the specific circumstances.

4.6 Insurance

4.6.1 The supervision unit shall, at the expense of the supervision service, handle the insurance related to the personal and self-proved property of the person stationed at the project site at the expense of the project. The insurance time shall be postponed with the extension of the service time, and the claim shall be handled by itself after the accident. If the supervisory unit does not apply for the above insurance, it shall be responsible for the risks and consequences.

4.6.2 The owner may stipulate in special conditions that the supervisory unit shall make all reasonable efforts to insure the supervisory unit's responsibility, the third party's liability and the property provided by the employee for the supervision service according to the conditions acceptable to the owner. This work should be used as an additional service for the supervisory unit.

5 The supervision committee will take effect and terminate the 'change' spine and suspension

5.l Effectiveness of the supervision contract

The time when the supervision contract takes effect shall be based on the time indicated on the agreement signed by both parties.

5.2 Time and duration of supervision services

The supervision unit must perform and complete the supervision service according to the time specified in the special conditions and the relevant time limit. If the reason for the non-supervising unit is such that the supervision service time needs to be extended, the two parties shall sign a supplementary agreement through negotiation.

5.3 Termination of the supervision contract

The time for termination and lapse of the supervision contract shall be determined in the manner indicated on the agreement signed by both parties. After the supervision contract expires, both parties are no longer bound by this supervision contract.

5.4 Change of supervision contract

5.4.1 Any application made by either party and with the written consent of both parties may be changed for this supervision contract.

5.4.2 The owner may, in writing, change the form, scope and content of the supervision service proposed in Article 2.1 of this contract and the subsidiary file A of the supervision contract, but must be changed in accordance with the provisions of this supervision contract on the basis of mutual agreement. . The above changes lead to increased or decreased supervision service workload, and the relevant supervision costs and service hours should also be adjusted accordingly.

5.4.3 Because the owner or third party's responsibility hinders or delays the supervision unit's performance of the supervision service, the supervision unit shall promptly notify the owner of the situation and its possible impact, and if necessary, proceed to the contract on the basis of mutual agreement. The corresponding change. The above-mentioned situation leads to an increase in the workload of supervision services, which should be used as an additional service for the supervision unit. The time for the supervision unit to complete the corresponding service should also be extended.

5.4.4 After the signing of this supervision contract, the change of supervision service costs due to factors such as price changes, the adjustment method is stipulated in special conditions.

5.4.5 After the signing of this supervision contract, due to changes in the laws and regulations of the state or local government, the increase in the cost of supervision services or the extension of the service time, the owner shall compensate the supervisors according to the actual situation.

5.5 Suspension and suspension of supervision contract

5.5.1 In the event that the supervision unit is not responsible for the provisions of this supervision contract, and the situation has caused the supervision unit to continue to perform all or part of the supervision service, the supervision unit shall immediately notify the owner in writing. and:

5.5.1.1 When it is necessary to suspend or slow down certain supervision services, the completion period of the above services shall be extended, and thus the increased supervision service workload shall be attached to the supervision unit;

5.5.1.2 When all supervision services have been unable to continue to perform, the supervisory unit has the right to suspend the supervision contract unilaterally after 28 days in writing to the owner. Therefore, the increased supervision service workload should be used as the additional service of the supervision unit. Return all or the remaining part of the performance bond to the supervisory unit.

5.5.1.3 When the Supervisor Contract cannot be performed or can only be partially executed due to force majeure, the parties shall be responsible for any loss, damage or delay arising therefrom.

5.6.2 If the owner requests the supervision unit to suspend the supervision service in whole or in part or suspend the supervision committee, it must give a written notice before the 56th. Upon receiving the notice, the supervisory unit shall immediately arrange to stop all or part of the supervision service and minimize the related expenses. Therefore, the increased workload of supervision services should be used as an additional service of the supervision unit, and the owner should promptly return to the supervision unit all or the remaining part of the performance guarantee.

5.5.3 The supervision unit has not performed all or part of the supervision services according to the provisions of the supervision contract without proper justification. The owner may request the supervision unit to explain in writing. If the supervisory unit fails to give a reasonable reply within the 28th day under this supervision contract, the owner may give further written notice 14 days later. Unilaterally suspend the supervision contract, and confiscate all or part of the supervision fund of the supervision unit as appropriate.

5.5.4 The owner delays payment of the supervision service fee and has exceeded the time limit specified in the special conditions for 28 days, or suspended the supervision service for more than 6 months according to the conditions of this contract and the provisions of 5.5.II or 5.5.2. The unit can ask the owner to explain in writing. If the owner fails to give a reasonable reply within 28 days due to this supervision contract, the supervisory unit may unilaterally suspend the supervision contract or suspend all or part of the supervision service after 14 days of further written notice. Therefore, the increased workload of supervision services should be used as an additional service of the supervision unit, and the owner should promptly return to the supervision unit all or the remaining part of the performance guarantee.

5.3.5 The suspension of the supervision contract shall not damage or affect the obligations, responsibilities, powers and interests of the parties under the supervision contract.

5.6 Transfer and subcontracting

5.6.1 Without the written consent of the other party, neither party may assign the obligations, responsibilities and powers stipulated in this Supervisory Contract.

5.6.2 Without the consent of the owner, the supervision unit shall not subcontract any part of the supervision service. Due to the need of supervision services, the supervision unit employs professional and technical personnel and auxiliary staff members who are not subcontracted.

6 supervision service fees and payment

6.1 Supervision service fee

The calculation method and content of the supervision service fee shall be stipulated in the subsidiary file C of the supervision contract.

6.1.1 The owner shall pay the supervision unit the cost of normal service in accordance with the provisions of the sub-file C of the supervision contract.

6.1.2 The owner shall pay the supervising unit the cost of the additional service in accordance with the rates and prices stipulated in the sub-file C of the supervision contract or based on the rate and price. If the rates and prices are clearly not applicable, the parties may enter into additional agreements and agree on new rates and prices in accordance with Clauses 5.4.1 and 5.4.2 of this contract.

6.2 payment

The payment method and time of the supervision service fee shall be stipulated in the auxiliary file C of the supervision contract.

6.2.1 If the owner fails to pay the amount due and payable to the supervision unit within the time limit specified in the special conditions, the interest shall be calculated according to the interest rate stipulated by the special conditions, and the compensation shall be compensated to the supervision unit. The compensation time shall be the date of payment due from the unpaid amount. Start counting.

This compensation does not affect the powers of the supervision unit specified in Clause 5.5.5 of this contractual condition.

6.2.2 The owner shall have any objection to any part of the payment requested by the supervision unit, and shall give a written notice within 7 days to explain the reasons, but shall not delay the payment of other dues to the supervision unit. The provisions of Article 6.2.1 of this contractual condition apply to all payments that have been disputed to the Supervising Authority.

6.3 currency

The owner pays the supervision unit the cost of performing the supervision service, and the currency type, proportion and exchange rate are stipulated in the special conditions.

7 other

7.1 Relationship between the two parties

The parties to the contract are the subject of rights and obligations, and both parties shall perform the supervision contract in accordance with the principle of equality, mutual benefit and consensus. Both the owner and the supervisor should uniformly exercise their powers and fully perform their duties in accordance with the supervision contract.

7.2 Language and Law

The language used in this supervision contract or the dominant language and the laws followed by the contract are specified in the special conditions.

7.3 reward

If the owner wants to reward the supervisory unit for the quality of the project, the advancement of the project, the investment savings or the rationalization proposal put forward by the supervisory unit, it should indicate the incentive method in the special conditions.

7.4 Interest conflicts

Without the written consent of the owner, the supervising unit may not obtain any benefits related to the project other than those specified in this supervision contract, and may not participate in any activities that conflict with the interests of the owners as stipulated in this supervision contract.

7.5 Copyright

7.5.1 For all files that have the copyright of the supervision unit and have been used in the supervision service, the owner has the right to use or copy it in the contract item, but the owner may not use the above file directly or indirectly for other purposes without the consent of the supervision unit. Among project projects or services.

7.5.2 If there is no additional provision in the special conditions, the supervising unit has the right to publish the materials related to the project or the project supervision service. However, the above publications may not involve the owner’s patents, know-how and economic information 7.6 without the consent of the owner.

The notices involved in this Supervisory Deed are in the form of an aspect and shall take effect when the address stated in the Agreement is served. Regardless of how the delivery party delivers the notification, the recipient applies a written receipt confirmation.

8 dispute settlement

In the event of a dispute arising from the performance of this supervision contract, the two parties shall solve the problem in accordance with the principle of friendly negotiation or through the higher authorities. If agreement cannot be reached through negotiation or mediation, either party may apply for arbitration or file a lawsuit in accordance with the provisions of the special conditions.