Contract conditions for project construction bidding (Part 1)
Definition and interpretation
1.1 definition
The following terms and expressions in the contract shall have the meanings assigned to them by this section, unless otherwise required by the context:
“Owner” means ____ and its legal successors, excluding any of its assignees. The Owner may appoint a Procurement Agency under this Contract. If it has been specified, specify the name, procurement, supervision and payment scope of the Procurement Agency in column 23 of the Schedule to the Tender, as well as during the tender and subsequent Responsibility for issues such as awarding.
“Contractor” means the party whose tender is accepted by the Owner, or its legal successor, excluding any of its assignees.
Subcontractor means the party or the supervising engineer who has undertaken part of the construction mentioned in the contract, agrees to any party that has subcontracted part of the project, and the legal heir who obtained the qualification of the party, but does not include any of its assignees.
“Supervisory Engineer” means the Supervising Engineer designated by the Owner to perform the tasks stipulated in the contract, ie ________ or the party appointed by the Owner and notified in writing to the Contractor to act as the Supervising Engineer.
“Supervisor Engineer Representative” means an individual appointed by a Supervising Engineer at any time in accordance with the provisions of Section 22.
“Authorized representative of the contractor” means an individual appointed by the contractor to be approved by the owner and who shall act on behalf of the contractor under this contract.
“Skilled workers” refers to workers who are familiar with lofting and can supervise complex engineering, including equipment operators.
“Unskilled workers” refers to those who carry ordinary construction tools, including small power tools.
“Contract” means contractual conditions, specifications, drawings, bills of quantities, tenders, notices of winning bids, contractual agreements and other files that are expressly included in the notice of winning bid or contractual agreement.
“Specifications” means the engineering specifications included in the contract and the specifications that are adjusted or added in accordance with Section 51, or approved by the Contractor, not approved by the Supervising Engineer.
“Drawings” means all drawings, calculations and similar technical information provided by the Supervising Engineer to the Contractor under the Contract, and all drawings, calculations, samples, designs, models, operations and approvals approved by the Supervising Engineer provided by the Contractor. Maintenance manual and similar other technical information.
The “Quantity List” is an integral part of the tender and has been filled out with a quote and a complete list of quantities.
“Tender” means the contractor’s proposal to the owner to be accepted in accordance with the terms of the contract and accepted by the notice of winning the bid. The proposal for the construction, completion and warranty of the project is quoted. Notice of bidding.
“Contractual Agreement” means the contractual agreement referred to in paragraph 9.1.
“Appendix to the Tender” means the attached file that is attached to the conditions of this contract and constitutes a tender.
“Starting date” means the date on which the Contractor receives a notice of commencement of work issued under Section 41 of the Project.
“Completion Date” means the time specified in the contract and calculated by the commencement date of the project or any section or part of the completed completion of the project.
“Completion inspection” means the test specified in the contract, or otherwise agreed by the supervision engineer and the contractor, and corresponding to the completion of the entire project, or a certain section or part of the acceptance by the contractor before acceptance by the owner.
“Receiving Certificate” means a certificate issued under 48.
“Contract price” means the amount stated in the notice of winning bid, which is used to pay the total amount payable by the contractor for the execution and completion of the project and warranty.
“Retention Gold” means the cumulative amount of all payments made by the Owner in accordance with Section 60.4. “Engineering” means permanent works and temporary works or as the case may be.
“Permanent works” means permanent works that will be constructed in accordance with the contract.
“Temporary Works” means the various temporary works required and related to the construction and completion of the works and warranty.
"Equipment" is assigned to a machine or similar item that constitutes or constitutes a permanent engineering group battle.
“Contractor Equipment” means any equipment and articles of any nature required to construct and complete the Works and Warranty, excluding equipment, materials or other items that constitute or are intended to be permanently constructed.
“Segmentation” refers to a segmentation project that is specifically specified in the contract as an engineering-part.
“Worksite” means the land provided by the Owner for the construction of the Project and any other location that will be specified in the contract and will form part of the site.
“Fees” means all expenses that have occurred or are about to occur, whether on or within the Site, including:
Management fees and expenses that can be reasonably distributed, but do not include any profit subsidies.
“Day” means the calendar day.
“Yuan” and the abbreviation “RMB¥” refer to the RMB as the local currency unit in the contract.
“Foreign currency” means the currency of a country other than the country in which the project is constructed, including Hong Kong dollars.
“Written Letter” means any handwritten, printed or printed correspondence, including telex, telegram and facsimile communications.
1.2 title and side note
The headings and marginal notes in the various clauses should not be considered part of the terms, nor should the interpretation of the terms of the contract or the contract itself be considered.
1.3 annotations
Any term referring to the parties or parties shall include any organization of the company and the relevant legal person.
1.4 singular and plural
It is only indicated that words in the singular form may also refer to the plural, depending on the context, and vice versa.
1.5 Notification, consent, approval, certification and decision
Unless otherwise specified, any notice, consent, approval, certification or decision made by any person referred to in the terms of the contract shall be in writing. The words “notification”, “certification” or “decision” should be interpreted accordingly. Any such consent, approval, certification or decision shall not be unreasonably withdrawn or delayed.
1.6 Address to the owner and supervision project
The address notified to the owner is ____
The address notified to the supervising engineer is: _____
Supervisor and Supervising Engineer Representation 2.1 Supervisor and Responsibilities of Supervising Engineer
The supervision engineer shall perform the duties specified in the contract.
The supervising engineer may use the powers specified in the contract or implied by the contract if necessary. However, the regulations: Except for the following and the following, the supervising engineer shall obtain the express approval of the owner before exercising his duties in accordance with the following terms:
Approving subcontracts for any part of the project in accordance with paragraph 4;
Proof of the increased costs under section 12;
Decide on section 51 to issue a change order, except in the following cases:
In the event of a very emergency, the Supervising Engineer believes that it will cause casualties, or endanger the project or adjacent property or take immediate action from the owner's rights, in which case the Supervising Engineer is authorized to issue the necessary conditions for handling such a crisis. The order or order, the contractor shall perform all work or as directed by the supervising engineer to do his utmost to dispose of or mitigate the critical situation. The contractor shall execute these orders immediately, even if the supervision engineer's order has not been approved by the owner in advance.
The supervising engineer shall determine the contract fee increased by the above order in accordance with the provisions of paragraph 52, and notify the contractor to copy the owner;
If the quantity of a single or cumulatively approved project does not exceed 5% of the contract price, or does not exceed 15% of the total cost of a particular project, unless such volume change is predictable and excluded in the drawings or other tender files of.
Determine the rate or price under Section 52; or approve major design changes that will affect the underlying performance or capabilities of the original design.
Except for the express provisions in the contract, the supervising engineer has no right to waive the contractor’s obligations as stipulated in the contract.
2.2 Supervisory Engineer Representative
The supervisory engineer representative shall be appointed by the supervising engineer and responsible to the supervisory engineer, and shall perform and exercise the duties and powers that the supervising engineer may confer on him in accordance with the provisions of paragraph 2.3.
2.3 The power of the supervision engineer to authorize
The Supervising Engineer may at any time delegate any responsibility and authority conferred on himself to the Supervising Engineer's representative, who may withdraw his authorization at any time. Any such authorization or revocation of its authorization shall be in writing and shall be effective only after the owner and the contractor have received such authorization notice.
Any notice given to the Contractor by the Supervising Engineer on the basis of this authorization shall be as effective as the notice sent by the Supervising Engineer to the Contractor. but:
The approval of any work, material or equipment by the Supervising Engineer's representative does not affect the Supervising Engineer's power not to approve such works, materials or equipment and to issue corrective orders;
If the contractor has doubts about the supervision given by the supervisory engineer representative, he may ask the supervision engineer that the supervision engineer should confirm, cancel or change the content of such notice.
2.4 Appointment of assistants
A Supervising Engineer or Supervising Engineer representative shall appoint any number of personnel to assist the Supervising Engineer's representative in fulfilling his duties under Section 2.2. He shall notify the contractor of the names, duties and permissions of such persons. These assistants are not authorized to issue instructions to the contractor. Unless such order is an order that must be issued to enable them to perform their duties, equipment or processes in accordance with the contract, any such instructions issued by any of them for the above purposes shall be deemed to be issued by a representative of the supervising engineer. .
2.5 written instructions
The instructions issued by the supervising engineer shall be in writing, but if for some reason the supervising engineer deems it necessary to issue such instructions verbally, the contractor shall comply with it. The written confirmation issued by the supervising engineer prior to or after the execution of this oral instruction shall be deemed to have the same meaning as the instructions specified in this section.
It is also stipulated that if the contractor confirms the verbal instruction of the supervising engineer in writing within 7 days, the confirmation is not rejected by the supervising engineer in writing within 7 days. This compass order shall be regarded as the instruction of the supervising engineer.
This provision also applies to representatives of the supervising engineer and to the supervisors of any supervisory engineer or supervising engineer representative of paragraph 2.4. I 2.6 Supervisory Engineer Behavioral Justice
According to the contract, the supervision engineer exercises the power by:
When making a decision, expressing an opinion or agreeing, expressing satisfaction or approval, or determining the value, or taking other actions that may affect the rights and obligations of the owner or contractor, the supervising engineer shall, in accordance with the terms of the contract and consider all factors, Make it these powers. Any such decision, opinion, consent, satisfaction or approval, pricing or action may be disclosed, reviewed or revised in accordance with Section 67.
Transfer and subcontracting 3.1 contract transfer
The Contractor shall not transfer the contract or any other part, or any proceeds or benefits under the contract in the contract, without the prior consent of the Owner. But except:
If the contract expires or is about to expire, the contractor’s bank is used as the beneficiary’s fee, or the contractor’s power is transferred to its guarantor to obtain other debts.
4.1 Subcontracting
The contractor may not package the entire contract. Unless otherwise specified in the contract, the contractor shall not subcontract any part of the contract without the consent of the supervising engineer. Any relevant consent shall not relieve the contractor of any liability or due diligence under the contract and shall treat the acts, defaults and omissions of itself, its agents, its service personnel and their staff. Responsible for the actions, breach of contract and negligence of any subcontractor, subcontractor agent, subcontractor's service personnel and staff.
The contractor is not required to obtain such consent in the following matters:
Provide labor services to purchase materials according to the standards stipulated in the contract;
Any part of the subcontracted project is given to the subcontractor already stated in the contract.
4.2 Transfer of subcontractor’s obligations
When the subcontractor undertakes the contractor’s continuous obligation for any extension of the contractual period after the end of the warranty period in respect of the work performed or the goods, materials, equipment or services it provides, the contractor may At any time after the expiration, the unfinished benefits of such obligations are transferred to the owner at the request of the owner and at the expense of the owner.
Contract file 5.1 language and law
The files in this contract are drafted in English/Chinese. If the contract file is drafted in more than one language, the language in the contract is analyzed and interpreted as English/Chinese, hence the name “legal language”.
5.2 Prioritization of contract files
The files that make up the contract should be interpreted mutually. When these files are ambiguous or inconsistent, the supervision engineer should explain and calibrate and issue instructions to the contractor. Unless otherwise specified in the contract, in the event of a disagreement, the contract file shall be prioritized in the following order:
Contract agreement;
Notice of winning the bid;
Tenders;
Contractual conditions;
The composition file of the technical specifications:
Written technical specifications included in the contract file.
The technical specifications included in the reference.
The dimensions indicated on the synthetic data of the drawings.
Text annotations.
Graphical display.
A list of quantities that have been quoted; and other files that form the contract.
6.1 Storage and provision of drawings and files
The drawings shall be kept separately by the supervision engineer, but four sets of copies shall be provided to the contractor free of charge. If the contractor needs more copies, the drawings shall be self-care. Except for strict contractual purposes, the contractor cannot use third parties to transfer or transfer drawings, specifications and other files provided by the owner or supervising engineer to third parties without the approval of the supervising engineer.
Once the warranty certificate is issued, the contractor shall return all drawings, specifications and other files provided under the contract to the supervision engineer.
The Contractor shall provide to the Supervising Engineer 4 sets of drawings, specifications and other files and copies submitted by the Contractor in accordance with paragraph 7 and approved by the Supervising Engineer, together with copies of materials which cannot be photocopied into the same quality. . In addition, if the supervision engineer has written request, the contractor shall also provide the supervision engineer with the corresponding drawings, specifications and other files for the owner. The owner will pay the corresponding fee.
6.2 A set of drawings should be stored at the construction site
The above-mentioned drawings provided to the Contractor or drawings provided by the Contractor shall be stored by the Contractor on the site and shall be available for inspection and use by the Supervising Engineer and any other person authorized in writing at any time.
6.3 disruption of construction progress
In the event that the supervision engineer does not issue further drawings and instructions within a reasonable time, the project progress or plan will be delayed or disrupted, the contractor shall notify the supervision engineer and copy the owner. The notice shall include the required drawings or instructions, the reasons and time required, and a detailed explanation of the delay or delay in the progress of the project if the delay is provided.
6.4 Drawings and extensions of drawings
In any case, if the supervision engineer has not or could not issue any drawings or instructions required by the contractor in accordance with the notice issued under section 6.3 within a reasonable time, causing the contractor to suffer delays and increase the cost, the supervision After consulting with the owner and the contractor, the engineer shall decide:
Any extension to which the 44 contractors are entitled, and the amount to be added to the contract price;
And notify the contractor and copy the owner accordingly.
6.5 The contractor has not submitted the drawings
If the supervising engineer fails to or cannot provide drawings or instructions to the contractor in whole or in part because the contractor fails to submit drawings, specifications or other files as required by the contract, the supervising engineer shall make the contractor’s mistake when making the decision in paragraph 6.4. within consideration.
7.1 Supplementary drawings and instructions
The Supervising Engineer shall have the right to issue to the Contractor any additional drawings and instructions necessary for the proper and proper construction and completion of the Works and Warranty. The Contractor shall be bound by the implementation in accordance with it.
7.2 Permanent engineering designed by the contractor
Where the contract clearly stipulates that part of the permanent project should be designed by the contractor, the contractor shall submit the following files to the supervision engineer for approval;
In order to enable the supervising engineer to review the applicability and completeness of the design and express satisfaction with the necessary drawings, specifications, calculations and other materials;
Detailed operation and maintenance manuals and drawings of permanent works after completion, so that the owner can operate, repair, dismantle, assemble and adjust the designed water long-term works. In this type of use and maintenance manual together with the completed drawings, the drawings are not submitted and supervised. The project cannot be considered to have been handed over by Section 48 until the Engineer approves it.
7.3 Approval does not affect liability
The approval of the supervision engineer in accordance with the provisions of 7.2 does not relieve the contractor of the responsibility under the contract.
General obligations 8.1 General responsibility of the contractor
The contractor shall, in accordance with the provisions of the contract, design, construct and complete the project and warranty with due care and diligence. The Contractor shall provide all supervision, labor, materials, equipment, contractor's equipment and all other items necessary for the design, construction, completion of the works and warranty in accordance with the contractual provisions or reasonable inferences based on the contract.
8.2 Field operation and construction methods
The Contractor shall be fully responsible for the suitability, stability and safety of the various operations and construction methods throughout the Site. However, it is stipulated that, except as stated below or otherwise agreed, the contractor is not responsible for the design or specification of the permanent project or for the design or specification of the temporary works not established by the contractor. If the contract expressly stipulates that some permanent projects are designed by the contractor, the contractor shall be fully responsible for this part of the project even if approved by the supervising engineer.
8.3 Notification of error
The Contractor shall promptly notify the Supervising Engineer of any errors, omissions, errors and defects in the engineering design or technical specifications discovered during the review of the contract file and the construction process.
9.1 contract agreement
The contractor shall sign and perform the contractual agreement prepared by the owner, and the format shall be attached to the conditions of this contract.
1O.1 performance guarantee
The contractor shall provide the owner with a performance guarantee for the proper performance of the contract within 28 days after receiving the bid-winning notice. The performance guarantee shall be in the form of a bank guarantee, issued by the bank acceptable to the owner, and the amount shall be added to the appendix of the tender. When providing a bank performance bond to the supplement, the supervisory engineer should be notified. The bank guarantee format is attached to the terms of this contract. The costs incurred in accordance with the provisions of this article shall be borne by the contractor.
10.2 Effective performance of the performance guarantee
The validity period of the contract shall be as long as the contractor performs and completes the project and repairs any defects according to the contract.
After issuing the warranty certificate in accordance with paragraph 62.1, the performance bond should no longer be claimed, and the performance contract should be returned to the contractor within 14 days after the issuance of the certificate.
10.3 Claims under performance guarantee
In any case, the owner shall notify the contractor of the nature of the breach that caused the claim before filing a claim in accordance with the performance bond.
1l.l on-site inspection
Before the contractor submits the tender, the owner shall provide the contractor with information on the hydrological and surface conditions obtained by the owner or the owner's representative in accordance with the investigation of the project. The contractor is responsible for the self-explanation of this information.
Before the contractor submits the tender, it shall be deemed to have inspected and inspected the site and its surroundings; and the information related to it, and expressed satisfaction with the following:
The formation and nature of the site, including conditions below the surface;
Hydrological and climatic conditions;
The scope and nature of the materials and work required for the construction, completion and repair of defects;
The way in and out of the site and the accommodation and accommodation conditions that the contractor may need. Also, it should generally be considered that the contractor has obtained all necessary information about the risk accidents and all other circumstances that may affect or affect the bid as described below.
The contractor shall be deemed to have established that the tender is based on the information provided by the owner and the inspection and inspection of the site by the contractor.
11.2 Access to data
The information provided by the landlord under Section 11.1 shall be deemed to include the information listed in the other terms of the contract, and the location of the information provided by the owner is _______.
No fee shall be charged for access to these materials, and the contractor may obtain a copy of the information after paying a certain copying fee.
12.1 Completeness of counter-control tenders
The Contractor shall be deemed to have been satisfied with the correctness and completeness of the unit price and fee stated in the Bid and the Bill of Quantities. Except as provided in the contract, the bill of quantities and the bids shall include all obligations under the contract and all necessary matters necessary for proper construction, completion of the project and warranty.
12.2 Unfavorable external obstacles and conditions
During the construction of the project, if the contractor encounters actual obstacles or unfavorable conditions outside the climatic conditions at the site, this situation is unforeseeable to the contractor as an experienced contractor, and the contractor shall immediately notify the supervisor. The engineer also copied the owner. Upon receipt of this notice, if the supervising engineer believes that such an obstacle or situation cannot be reasonably foreseen by an experienced contractor, after consulting with the contractor and the owner, the supervising engineer shall decide:
According to the extensions that 44 contractors are entitled to; and the costs incurred by the contractor in the event of such a situation, the fee shall be added to the contract price and the above decision shall be notified to the contractor and to the owner. In making this decision, the supervising engineer shall consider all relevant instructions issued by the supervising engineer to the contractor and any appropriate and reasonable measures that the contractor may take for the supervising engineer when the unsupervised engineer has specified the instructions.
13.1 The project should comply with the contract
Except for cases that are legally or practically impossible, the contractor shall strictly carry out the construction, completion of the project and the warranty in accordance with the contract to the satisfaction of the supervision engineer. The Contractor shall strictly abide by the instructions issued by the Supervising Engineer regarding any matter involving or related to the work, whether or not such matters are stated in the contract. The Contractor shall only accept the instructions of the Supervising Engineer or accept the instructions of the Supervising Engineer's representative in accordance with the provisions of paragraph 2.
14.1 Construction plan to be submitted
Within 28 days after the date of issuance of the bid-winning notice, the contractor shall submit two engineering construction plans to the supervising engineer for their consent. The format and details of the construction plan shall meet the reasonable requirements of the supervision engineer. Whenever the supervision engineer requests it, the contractor shall submit in writing a general description of the method and arrangement to be adopted for the construction of the project to the supervising engineer for reference.
14.2 Revision of the construction plan
The contractor shall make a revision of the construction plan every three months, including the main workload expected to be completed each month; and the schedule of payment by the owner to the contractor.
If the supervision engineer feels at any time that the actual progress of the project does not comply with the latest progress plan that has been approved, the supervising engineer may request the contractor to submit the revised plan to ensure that the project is completed during the construction period.
14.3 Cash Flow Estimate Form to be Submitted
Within 28 days after the issuance of the bid-winning notice, the contractor shall submit to the supervising engineer a detailed quarterly cash flow estimation form as a reference. The cash flow estimate shall be the amount the payment the contractor is entitled to under the contract. The Contractor shall revise the cash flow estimate form on a quarterly basis as requested by the Supervising Engineer.
14.4 Duties that the contractor cannot be exempted
The construction plan submitted to the supervising engineer and approved by him, as well as the general description and cash flow estimation form, shall not relieve the contractor of any duties under the contract.
15.1 Supervision of the contractor
The Contractor shall provide all necessary supervision during the construction process as long as the Supervising Engineer believes that it is necessary to properly perform the Contractor’s obligations under the Contract. The contractor or his authorized representative, approved by the supervising engineer, applies the entire time to supervise the project. The authorized representative shall accept the instructions of the supervising engineer on behalf of the contractor or the representative of the supervising engineer under paragraph 2.
If the supervising engineer withdraws the approval of the contractor’s representative, the contractor shall, as soon as practicable after the receipt of the resignation notice, transfer it to the site within the actual limit, and shall not be anywhere on the site, taking into account the request for replacement of the representative as described below. Re-employ this person and appoint another representative approved by the supervising engineer.
15.2 Language ability of the contractor’s representative
If the supervising engineer believes that the representative of the contractor is not proficient in the use of English/Chinese, the contractor shall arrange at least one name of the translation to remain at the site at any time to ensure that the instructions and information of the supervising engineer are communicated in a timely manner.
A certain percentage of the contractor's supervisors should use Chinese as the working language, or the contractor should maintain a sufficient number of competent translators at the site to ensure that the supervisor's instructions and information are communicated in a timely manner.
16.1 Contractor’s employees
The Contractor shall provide the construction and completion of the works and warranty on the construction site:
Only skilled in the industry. Experienced technical assistants, foremen and foremen who can properly supervise the construction of the project, and skilled workers, semi-skilled workers and ordinary workers who can enable the contractor to perform their duties in a timely manner as required by the contract.
16.2 Local employees
According to local regulations, the contractor is required to hire local labor services as far as practicable and reasonable.
16.3 The supervision engineer has the right to object to and request dismissal
The supervising engineer has the right to object to and require the contractor to immediately remove from the project the personnel provided by the supervising engineer who are incapable of acting or performing their duties, who are incompetent or negligent, or the supervising engineer who believes that the presence of the site is inappropriate. Once such personnel are replaced, they may not be re-worked on the construction site without the approval of the supervising engineer. Anyone who is so removed should be replaced as soon as possible.
17.1 Stakeout
The contractor shall be responsible for:
Accurate stakeout of the project based on the original reference point, baseline and reference elevation given by the supervision engineer.
According to the above, the position, row height, size and baseline of each part of the project are correctly arranged.
All necessary equipment and labor provided in connection with the above responsibilities.
If during the construction process, there is an error in the position, elevation, size and baseline of any part of the project. At the request of the supervision engineer, the contractor shall correct the errors at his own expense to the satisfaction of the supervision engineer. Unless such error is caused by the supervision engineer's written error in writing, in this case the supervising engineer will determine the contract price to be increased in accordance with the provisions of paragraph 52, and notify the contractor and copy the owner accordingly.
The supervision engineer shall not exempt the contractor from any responsibility for the accuracy of the stakeout in any way. The contractor shall carefully protect and store the reference points, gantry plates, piles and project stakeouts that should be used in the stakeout. Other objects.
18.1 Drilling and caving
At any time during the construction period, if the supervising engineer requests the contractor to drill or explore the excavation, unless the project or provisional amount is included in the bill of quantities, the supervising engineer shall comply with this requirement in accordance with paragraph 51. give an order.
19.1 Safety, security and environmental protection
In the course of construction, completion of the project and warranty, the contractor shall:
Fully responsible for the safety of personnel entitled to construction on the site and to maintain good order on the site and project to avoid personal accidents, and to protect the project or for the safety and convenience of the public and other personnel, in the supervision engineer or in accordance with the law The time and place required by the competent authority, the contractor shall provide and repair all lighting, guardrails, fences, warning signs and guarding facilities at their own expense, and take all reasonable measures to protect the environment around the site and the site to avoid Harm or interference with public personnel and property caused by pollution, noise or improper construction methods.
19.2 Responsibilities of the Owner If the Owner is required to use his own workers to carry out work on the site in accordance with the provisions of paragraph 31, the owner of the operation shall:
Fully responsible for the safety of personnel entitled to work on the construction site, and maintaining a good order at the construction site to prevent injury to the above-mentioned personnel.
According to paragraph 31, if the owner employs other contractors on the site, the owner should require them to have the same responsibility to ensure safety and avoid injury.
20.1 Engineering care
The contractor shall be solely responsible for the materials used in the project, the equipment to be installed and the care of the project itself during the entire construction period from the date of commencement until the date of the issuance of the certificate of transfer. The owner will be responsible for these matters after the owner receives the entire project.
but:
If the supervising engineer issues a handover certificate for a certain section or part of the permanent project, the contractor shall not be responsible for the care of these sections or parts of the project from the date of issuance of the handover certificate. The responsibility for the care of the segment or part of the project is transferred to the owner;
The Contractor shall be solely responsible for the remaining work and materials used in the warranty period and the care of the equipment to be installed until such work is completed in accordance with Section 49.
20.2 Responsibility for making up for loss or damage
If the contractor is responsible for the care, if the project or any other part or material or engineering equipment to be installed causes any loss or damage for any reason other than the risks specified in paragraph 20.4, the contractor shall make up for this at its own expense. Losses and damages make these permanent projects meet the requirements of the contract and reach the satisfaction of the supervision engineer. The Contractor shall also be liable for any loss or damage to the Works resulting from the performance of its work by the Contractor in the performance of its obligations under Sections 49 and 50.
20.3 Lost or damaged due to owner's risk
If the supervision engineer requires the contractor to compensate for the loss and damage as required by the supervision engineer due to the diurnal risk specified in paragraph 20.4 or the loss or damage caused by the combined effects of other risks, the supervision engineer shall decide according to the provisions of paragraph 52. Increase the amount of the contract price, and notify the contractor and the copying owner accordingly. In the case of loss and damage caused by the comprehensive risk, the supervision engineer shall decide the proportion of the owner and the contractor to bear the risk.
20.4 Owner's risk
The risks of the owner include:
In the case of completion of the project in relation to the People’s Republic of China:
War, hostilities, invasions, foreign enemies;
Revolution, uprising, military coup, or civil war;
Ionizing radiation, radioactive contamination caused by any nuclear fuel or nuclear or nuclear emissions or nuclear material outbreaks and hazardous materials after the outbreak;
Shock wave pressure generated by the aircraft and the sonic or supersonic flying object;
Riots or disturbances and disorder of order, unless these conditions are limited to the contractor’s employees and subcontractors or by engineering. Caused by the construction.
Loss and damage caused by the owner's use or occupation of any segmental or partial works of permanent works, unless such occupation is contractual;
Some of the losses and damages caused by the engineering design, excluding some of the works designed by the contractor and their responsible parts;
The role of any natural forces, and an experienced contractor:
Can't reasonably foresee, or can reasonably foresee, but he can't:
Reasonable measures are taken to avoid the loss or damage caused by such forces, nor can it:
Take reasonable precautions.
21.1 Insurance for contractors and contractors' equipment
Without limiting the obligations and responsibilities of the contractor or the owner as provided for in paragraph 20, the contractor shall insure the following:
Insuring the project together with the materials used in the project and the equipment to be installed at full replacement cost;
An additional 15% additional amount is added to this replacement cost to cover any additional and additional costs incurred as a result of remediation of damage or damage, including operating expenses and any part of the project's demolition costs and the cost of carrying away any nature of muck;
The equipment and other items belonging to the contractor brought into the site by the contractor shall be sufficient for the amount of insurance to be reset on site.
The insurance premiums listed by the contractor in the bill of quantities will be verified by the owner in accordance with the insurance receipt actually paid by the contractor.
21.2 Insurance coverage
Insurance for Section 21.1 and Section shall be insured under the joint name of the Contractor and the Owner and shall include:
Losses and damages caused by various reasons other than those specified in paragraph 21.4 of the owner and the contractor from the date of commencement of construction on the construction site to the relevant project or the division of part or part of the project according to different circumstances. And by the contractor:
Loss or damage during the warranty period due to reasons prior to the commencement of the warranty period, and loss and damage caused by the Contractor in connection with its construction under Sections 49 and 50.
21.3 Responsibility for amounts that cannot be recovered
Any uninsured or uncollectible amount from the insurance company shall be borne by the owner or the contractor in accordance with the responsibilities specified in ZO.
21.4 Exclusion of liability
The insurance liability under No. 21.1 does not include the loss and damage caused by the risks listed in 20.4 a.
22.1 Compensation for personal and property damages
Except as otherwise provided in the contract, the contractor shall waive the owner’s loss and compensation for the following matters:
Any death or injury to any person, or damage to any property that may arise or result from the construction, completion and warranty of the project and all related claims, litigation, compensation, fees, legal costs, etc., except as provided in Section 22.2 All expenses except for special circumstances. "
22.2 exceptions
The exceptions referred to in No. 22.1 refer to:
Land permanently used or occupied by the project or any part thereof.
The owner is the authority of any land on, under, in or through the construction of the project or part of it.
Property damage caused by contract construction, completion of work and warranty.
由於業主、其代理人、僱員或其他承包人的行為或過失引起的對人身的死、傷或對財產的損失、損壞，或與此有關的任何索賠、訴訟、損害賠償、訴訟費、指控費及其他開支，或有些傷害或損害是由承包人及其僱員、代理人引起的，但部分原因及在某種程度上是由業主、其僱員、代理人及其他承包人引起的，這一點應予公平合理地考慮。
22.3業主的保障
業生應保障承包人免予承擔屬於22.2款規定的例外情況下所有索賠、訴訟、損害賠償、訴訟費、指控費及其他開支。
23.1第三方保險電話業主財產
承包人應不限於22款規定的他的或業主的義務和責任的條件下以承包人及業主的共同名義進行人身傷亡保險及財產損失或損害保險。
但第22.2款、和款規定的情況除外。
23.2最低保險金額
第三方保險的投保金額不得低於投標書用錄中規定的數額，僅對於投保的事故次數不限。
24.1工人的事故及傷殘
業主不對承包人及任何分包人所僱用的工人和其他人員的傷害及其補償負有責任，除非傷害及賠償是由業主及其代理人、僱員的行為及錯誤適成的。承包人應保障並持續保障業主不承擔有關的傷害及補償，及所有有關的索賠、訴訟、損害賠償、訴訟費、費用與其他開支。
24.2工人事故的保險
承包人應在全部工程施工期間對所有其僱用的工人進行此類保險並持續這種保險。但對於任何分包人僱用任何人員，如果分包人已經對上述僱員進行了保險，使業主根據保險單得到補償，則本條款前述的承包人保險義務即得到履行，但在必要時，承包人應要求分包人向業主提交有關的保險單及本期保險金的支付收據。
25.1保險證明及條款
承包人應在工程開工前向業主提供根據契約要求的保險投保證明，並在：
承包人所需保險的工作開始7天前，或開工後84天內向業主提交保險單。
在向業主提交證明和保險單時，承包人應通知監理工程師。保險單應與發出中標通知書前雙方同意的一般條款一致。承包人應使所有由其負責的在中國人民保險公司，或事先經業主批準的任何合格保險公司投保的保險及經業主批準的保險條款生效。
25.2保瞼的完備性
承包人應在施工進度、範圍、性質發生變化時通知保險人，以確保根據契約條款在所有時間內有完備的保險，並根據要求向業主提交有效的保險單及本期保險費的支付收據。
25.3對承包人未保險的補救辦法
如果承包人未使或未保證任何契約規定的保險生效，或未按25.1款規定的時間向業主提供保險單，業主在任何這種情況發生時，將使或保證任何這些保險生效並支付的保險金，及隨時從支付給或應支付給承包人的款項中扣回，或視同到期債務從承包人處扣回。
25.4遵守保險單的條件
在承包人或業主未能遵循據契約生效的保險單條款。責任一方應賠償另一方由此而造成的全部損失及賠款。
26.1邀守法律、規章
承包人應在所有方面，包括發出所有通知、支付各種費用方面遵守：
所有與工程施工、完成工程，保修有關的由國家或省頒布的法令、法規或其他法律、或任何地方或其他合法機構的規章或地方法規，及其財產或權利受到或可能受到該工程以任何方式影響的公共團體和公司的規章製度。
承包人應使業主免於受到有關破壞這些規定的所有處罰及承擔有關這方面的責任。但業主應負責取得工程進展所必須的計畫、區域劃分或其他類似的批準，並根據22.3款規定，給承包人補償。
27.1化石處理
所有在工地被發掘的化石、硬幣及有價值的物品，或文物、結構物及有地質、考古價值的其他遺跡和物品，就業主和承包人而言，應被視為業主的絕對財產。承包人應採取合理措施防止其工人或其他人員移動、損害任何這類物品，並在發現後立即通知監理工程師並按監理工程師的指令處理這些物品。如果由於處理此類事宜使承包人延誤了工期/或支付了費用，監理工程師應在與承包人和業主協商後，決定：
任何根據44款規定承包人有權得到的延長工期，及應加入到契約價的一筆款額，並相應的通知承包人及抄報業主。
28.1專利權
承包人應保護和保障業主免於承擔由於工程上使用的或有關的或準備採用的任何承包人的設備、材料或工程設備等方面侵犯任何專利權、設計商標或名稱或其它受保護權利的行為而引起的所有索賠和訴訟的費用，並保護和保障業主免予承擔由此導致或與此有關的損壞賠償、訴訟費、指控費和其它開支。但由於執行監理工程師提供的設計或技術要求而侵犯上述權利的情況除外。
28.2礦區使用費
除另有規定外，承包人應支付為獲得工程所需要的石料、砂子、礫石、粘土或其他材料等所發生的噸位費和其他礦區使用費、租金及其他支出或補償費。
29.1對交通和毗鄰財產的幹擾
在符合契約要求所許可的範圍內，在施工、完成工程及保修過程中、所必需的一切操作均不應對：
公眾的便利，及公用道路或私人道路，以及通往屬於業主或他人財產的人行道的進入，使用或佔用，產生不必要及不適當的幹擾。
承包人應保護並保障業主免予承包人負責的上述事項所導致或與之有關的一切索賠，訴訟、損害賠償、訴訟費、費用及其他開支。
3O.1避免對道路的損壞
承包人應採取一切合理的手段，防止與現場連線或通往現場的道路和橋梁受到承包人或其任何分包人因交通而造成的損壞。尤其應當選定運輸線路、選擇和使用運輸工具、限製和分配運載重量。從而使因運輸原材料、設備和承包人的設備或臨時工程而不可避免的這類運輸盡量限製，不致對這類道路和橋梁適成不必要的損壞或損傷。
3O.2承包人設備或臨時工程的運輸
除契約另有規定，承包人應對其通往工地或位於通往工地路線上的為運輸承包人設備或臨時工程的任何橋梁的加固或更換或改善其任何道路交付相應的費用。承包人應免除業主對由於這種運輸引起的任何此類道路橋梁損壞的賠償責任，包括直接向業主提出的索賠要求。承包人應通過談判處理此類索賠，並支付所有由此類損壞引起的索賠。
30.3材料或工程設備的運輸
盡管有30.1款規定，如果在運輸材料和設備時，對通往工地或位於通往工地路線的任何道路或橋梁造成任何損壞，在承包人得知這一損壞或接到被授權的官方提出的索賠要求後，應立即通知監理工程師及業主。根據法律規定，要求材料和工程設備的運輸者對道路主管部門給予損壞賠償，業主不負責支付所有有關的費用。在其他情況下業主通過談判，解決爭端，並支付有關索賠的金額，並免除承包人對有關的索賠、起訴、損害賠償、訴訟費、指揮費及其他開支的責任。隻要監理工程師認為索賠或部分索賠是由於承包人未能按30.1款規定履行其責任，監理工程師在與業主及承包人協商後，將決定這一筆失職引起的應支付的款額，業主將從承包人的款項中扣回，也可以從任何應支付或到期應支付給承包人的款項中扣除同等數額，並通知承包人及業主。也規定，業主應通知承包人糾紛將在問時協商解決及將從承包人的那一筆款項中扣回上述金額。在解決這一糾紛前，業主應與承包人協調。
1.1 definition
The following terms and expressions in the contract shall have the meanings assigned to them by this section, unless otherwise required by the context:
“Owner” means ____ and its legal successors, excluding any of its assignees. The Owner may appoint a Procurement Agency under this Contract. If it has been specified, specify the name, procurement, supervision and payment scope of the Procurement Agency in column 23 of the Schedule to the Tender, as well as during the tender and subsequent Responsibility for issues such as awarding.
“Contractor” means the party whose tender is accepted by the Owner, or its legal successor, excluding any of its assignees.
Subcontractor means the party or the supervising engineer who has undertaken part of the construction mentioned in the contract, agrees to any party that has subcontracted part of the project, and the legal heir who obtained the qualification of the party, but does not include any of its assignees.
“Supervisory Engineer” means the Supervising Engineer designated by the Owner to perform the tasks stipulated in the contract, ie ________ or the party appointed by the Owner and notified in writing to the Contractor to act as the Supervising Engineer.
“Supervisor Engineer Representative” means an individual appointed by a Supervising Engineer at any time in accordance with the provisions of Section 22.
“Authorized representative of the contractor” means an individual appointed by the contractor to be approved by the owner and who shall act on behalf of the contractor under this contract.
“Skilled workers” refers to workers who are familiar with lofting and can supervise complex engineering, including equipment operators.
“Unskilled workers” refers to those who carry ordinary construction tools, including small power tools.
“Contract” means contractual conditions, specifications, drawings, bills of quantities, tenders, notices of winning bids, contractual agreements and other files that are expressly included in the notice of winning bid or contractual agreement.
“Specifications” means the engineering specifications included in the contract and the specifications that are adjusted or added in accordance with Section 51, or approved by the Contractor, not approved by the Supervising Engineer.
“Drawings” means all drawings, calculations and similar technical information provided by the Supervising Engineer to the Contractor under the Contract, and all drawings, calculations, samples, designs, models, operations and approvals approved by the Supervising Engineer provided by the Contractor. Maintenance manual and similar other technical information.
The “Quantity List” is an integral part of the tender and has been filled out with a quote and a complete list of quantities.
“Tender” means the contractor’s proposal to the owner to be accepted in accordance with the terms of the contract and accepted by the notice of winning the bid. The proposal for the construction, completion and warranty of the project is quoted. Notice of bidding.
“Contractual Agreement” means the contractual agreement referred to in paragraph 9.1.
“Appendix to the Tender” means the attached file that is attached to the conditions of this contract and constitutes a tender.
“Starting date” means the date on which the Contractor receives a notice of commencement of work issued under Section 41 of the Project.
“Completion Date” means the time specified in the contract and calculated by the commencement date of the project or any section or part of the completed completion of the project.
“Completion inspection” means the test specified in the contract, or otherwise agreed by the supervision engineer and the contractor, and corresponding to the completion of the entire project, or a certain section or part of the acceptance by the contractor before acceptance by the owner.
“Receiving Certificate” means a certificate issued under 48.
“Contract price” means the amount stated in the notice of winning bid, which is used to pay the total amount payable by the contractor for the execution and completion of the project and warranty.
“Retention Gold” means the cumulative amount of all payments made by the Owner in accordance with Section 60.4. “Engineering” means permanent works and temporary works or as the case may be.
“Permanent works” means permanent works that will be constructed in accordance with the contract.
“Temporary Works” means the various temporary works required and related to the construction and completion of the works and warranty.
"Equipment" is assigned to a machine or similar item that constitutes or constitutes a permanent engineering group battle.
“Contractor Equipment” means any equipment and articles of any nature required to construct and complete the Works and Warranty, excluding equipment, materials or other items that constitute or are intended to be permanently constructed.
“Segmentation” refers to a segmentation project that is specifically specified in the contract as an engineering-part.
“Worksite” means the land provided by the Owner for the construction of the Project and any other location that will be specified in the contract and will form part of the site.
“Fees” means all expenses that have occurred or are about to occur, whether on or within the Site, including:
Management fees and expenses that can be reasonably distributed, but do not include any profit subsidies.
“Day” means the calendar day.
“Yuan” and the abbreviation “RMB¥” refer to the RMB as the local currency unit in the contract.
“Foreign currency” means the currency of a country other than the country in which the project is constructed, including Hong Kong dollars.
“Written Letter” means any handwritten, printed or printed correspondence, including telex, telegram and facsimile communications.
1.2 title and side note
The headings and marginal notes in the various clauses should not be considered part of the terms, nor should the interpretation of the terms of the contract or the contract itself be considered.
1.3 annotations
Any term referring to the parties or parties shall include any organization of the company and the relevant legal person.
1.4 singular and plural
It is only indicated that words in the singular form may also refer to the plural, depending on the context, and vice versa.
1.5 Notification, consent, approval, certification and decision
Unless otherwise specified, any notice, consent, approval, certification or decision made by any person referred to in the terms of the contract shall be in writing. The words “notification”, “certification” or “decision” should be interpreted accordingly. Any such consent, approval, certification or decision shall not be unreasonably withdrawn or delayed.
1.6 Address to the owner and supervision project
The address notified to the owner is ____
The address notified to the supervising engineer is: _____
Supervisor and Supervising Engineer Representation 2.1 Supervisor and Responsibilities of Supervising Engineer
The supervision engineer shall perform the duties specified in the contract.
The supervising engineer may use the powers specified in the contract or implied by the contract if necessary. However, the regulations: Except for the following and the following, the supervising engineer shall obtain the express approval of the owner before exercising his duties in accordance with the following terms:
Approving subcontracts for any part of the project in accordance with paragraph 4;
Proof of the increased costs under section 12;
Decide on section 51 to issue a change order, except in the following cases:
In the event of a very emergency, the Supervising Engineer believes that it will cause casualties, or endanger the project or adjacent property or take immediate action from the owner's rights, in which case the Supervising Engineer is authorized to issue the necessary conditions for handling such a crisis. The order or order, the contractor shall perform all work or as directed by the supervising engineer to do his utmost to dispose of or mitigate the critical situation. The contractor shall execute these orders immediately, even if the supervision engineer's order has not been approved by the owner in advance.
The supervising engineer shall determine the contract fee increased by the above order in accordance with the provisions of paragraph 52, and notify the contractor to copy the owner;
If the quantity of a single or cumulatively approved project does not exceed 5% of the contract price, or does not exceed 15% of the total cost of a particular project, unless such volume change is predictable and excluded in the drawings or other tender files of.
Determine the rate or price under Section 52; or approve major design changes that will affect the underlying performance or capabilities of the original design.
Except for the express provisions in the contract, the supervising engineer has no right to waive the contractor’s obligations as stipulated in the contract.
2.2 Supervisory Engineer Representative
The supervisory engineer representative shall be appointed by the supervising engineer and responsible to the supervisory engineer, and shall perform and exercise the duties and powers that the supervising engineer may confer on him in accordance with the provisions of paragraph 2.3.
2.3 The power of the supervision engineer to authorize
The Supervising Engineer may at any time delegate any responsibility and authority conferred on himself to the Supervising Engineer's representative, who may withdraw his authorization at any time. Any such authorization or revocation of its authorization shall be in writing and shall be effective only after the owner and the contractor have received such authorization notice.
Any notice given to the Contractor by the Supervising Engineer on the basis of this authorization shall be as effective as the notice sent by the Supervising Engineer to the Contractor. but:
The approval of any work, material or equipment by the Supervising Engineer's representative does not affect the Supervising Engineer's power not to approve such works, materials or equipment and to issue corrective orders;
If the contractor has doubts about the supervision given by the supervisory engineer representative, he may ask the supervision engineer that the supervision engineer should confirm, cancel or change the content of such notice.
2.4 Appointment of assistants
A Supervising Engineer or Supervising Engineer representative shall appoint any number of personnel to assist the Supervising Engineer's representative in fulfilling his duties under Section 2.2. He shall notify the contractor of the names, duties and permissions of such persons. These assistants are not authorized to issue instructions to the contractor. Unless such order is an order that must be issued to enable them to perform their duties, equipment or processes in accordance with the contract, any such instructions issued by any of them for the above purposes shall be deemed to be issued by a representative of the supervising engineer. .
2.5 written instructions
The instructions issued by the supervising engineer shall be in writing, but if for some reason the supervising engineer deems it necessary to issue such instructions verbally, the contractor shall comply with it. The written confirmation issued by the supervising engineer prior to or after the execution of this oral instruction shall be deemed to have the same meaning as the instructions specified in this section.
It is also stipulated that if the contractor confirms the verbal instruction of the supervising engineer in writing within 7 days, the confirmation is not rejected by the supervising engineer in writing within 7 days. This compass order shall be regarded as the instruction of the supervising engineer.
This provision also applies to representatives of the supervising engineer and to the supervisors of any supervisory engineer or supervising engineer representative of paragraph 2.4. I 2.6 Supervisory Engineer Behavioral Justice
According to the contract, the supervision engineer exercises the power by:
When making a decision, expressing an opinion or agreeing, expressing satisfaction or approval, or determining the value, or taking other actions that may affect the rights and obligations of the owner or contractor, the supervising engineer shall, in accordance with the terms of the contract and consider all factors, Make it these powers. Any such decision, opinion, consent, satisfaction or approval, pricing or action may be disclosed, reviewed or revised in accordance with Section 67.
Transfer and subcontracting 3.1 contract transfer
The Contractor shall not transfer the contract or any other part, or any proceeds or benefits under the contract in the contract, without the prior consent of the Owner. But except:
If the contract expires or is about to expire, the contractor’s bank is used as the beneficiary’s fee, or the contractor’s power is transferred to its guarantor to obtain other debts.
4.1 Subcontracting
The contractor may not package the entire contract. Unless otherwise specified in the contract, the contractor shall not subcontract any part of the contract without the consent of the supervising engineer. Any relevant consent shall not relieve the contractor of any liability or due diligence under the contract and shall treat the acts, defaults and omissions of itself, its agents, its service personnel and their staff. Responsible for the actions, breach of contract and negligence of any subcontractor, subcontractor agent, subcontractor's service personnel and staff.
The contractor is not required to obtain such consent in the following matters:
Provide labor services to purchase materials according to the standards stipulated in the contract;
Any part of the subcontracted project is given to the subcontractor already stated in the contract.
4.2 Transfer of subcontractor’s obligations
When the subcontractor undertakes the contractor’s continuous obligation for any extension of the contractual period after the end of the warranty period in respect of the work performed or the goods, materials, equipment or services it provides, the contractor may At any time after the expiration, the unfinished benefits of such obligations are transferred to the owner at the request of the owner and at the expense of the owner.
Contract file 5.1 language and law
The files in this contract are drafted in English/Chinese. If the contract file is drafted in more than one language, the language in the contract is analyzed and interpreted as English/Chinese, hence the name “legal language”.
5.2 Prioritization of contract files
The files that make up the contract should be interpreted mutually. When these files are ambiguous or inconsistent, the supervision engineer should explain and calibrate and issue instructions to the contractor. Unless otherwise specified in the contract, in the event of a disagreement, the contract file shall be prioritized in the following order:
Contract agreement;
Notice of winning the bid;
Tenders;
Contractual conditions;
The composition file of the technical specifications:
Written technical specifications included in the contract file.
The technical specifications included in the reference.
The dimensions indicated on the synthetic data of the drawings.
Text annotations.
Graphical display.
A list of quantities that have been quoted; and other files that form the contract.
6.1 Storage and provision of drawings and files
The drawings shall be kept separately by the supervision engineer, but four sets of copies shall be provided to the contractor free of charge. If the contractor needs more copies, the drawings shall be self-care. Except for strict contractual purposes, the contractor cannot use third parties to transfer or transfer drawings, specifications and other files provided by the owner or supervising engineer to third parties without the approval of the supervising engineer.
Once the warranty certificate is issued, the contractor shall return all drawings, specifications and other files provided under the contract to the supervision engineer.
The Contractor shall provide to the Supervising Engineer 4 sets of drawings, specifications and other files and copies submitted by the Contractor in accordance with paragraph 7 and approved by the Supervising Engineer, together with copies of materials which cannot be photocopied into the same quality. . In addition, if the supervision engineer has written request, the contractor shall also provide the supervision engineer with the corresponding drawings, specifications and other files for the owner. The owner will pay the corresponding fee.
6.2 A set of drawings should be stored at the construction site
The above-mentioned drawings provided to the Contractor or drawings provided by the Contractor shall be stored by the Contractor on the site and shall be available for inspection and use by the Supervising Engineer and any other person authorized in writing at any time.
6.3 disruption of construction progress
In the event that the supervision engineer does not issue further drawings and instructions within a reasonable time, the project progress or plan will be delayed or disrupted, the contractor shall notify the supervision engineer and copy the owner. The notice shall include the required drawings or instructions, the reasons and time required, and a detailed explanation of the delay or delay in the progress of the project if the delay is provided.
6.4 Drawings and extensions of drawings
In any case, if the supervision engineer has not or could not issue any drawings or instructions required by the contractor in accordance with the notice issued under section 6.3 within a reasonable time, causing the contractor to suffer delays and increase the cost, the supervision After consulting with the owner and the contractor, the engineer shall decide:
Any extension to which the 44 contractors are entitled, and the amount to be added to the contract price;
And notify the contractor and copy the owner accordingly.
6.5 The contractor has not submitted the drawings
If the supervising engineer fails to or cannot provide drawings or instructions to the contractor in whole or in part because the contractor fails to submit drawings, specifications or other files as required by the contract, the supervising engineer shall make the contractor’s mistake when making the decision in paragraph 6.4. within consideration.
7.1 Supplementary drawings and instructions
The Supervising Engineer shall have the right to issue to the Contractor any additional drawings and instructions necessary for the proper and proper construction and completion of the Works and Warranty. The Contractor shall be bound by the implementation in accordance with it.
7.2 Permanent engineering designed by the contractor
Where the contract clearly stipulates that part of the permanent project should be designed by the contractor, the contractor shall submit the following files to the supervision engineer for approval;
In order to enable the supervising engineer to review the applicability and completeness of the design and express satisfaction with the necessary drawings, specifications, calculations and other materials;
Detailed operation and maintenance manuals and drawings of permanent works after completion, so that the owner can operate, repair, dismantle, assemble and adjust the designed water long-term works. In this type of use and maintenance manual together with the completed drawings, the drawings are not submitted and supervised. The project cannot be considered to have been handed over by Section 48 until the Engineer approves it.
7.3 Approval does not affect liability
The approval of the supervision engineer in accordance with the provisions of 7.2 does not relieve the contractor of the responsibility under the contract.
General obligations 8.1 General responsibility of the contractor
The contractor shall, in accordance with the provisions of the contract, design, construct and complete the project and warranty with due care and diligence. The Contractor shall provide all supervision, labor, materials, equipment, contractor's equipment and all other items necessary for the design, construction, completion of the works and warranty in accordance with the contractual provisions or reasonable inferences based on the contract.
8.2 Field operation and construction methods
The Contractor shall be fully responsible for the suitability, stability and safety of the various operations and construction methods throughout the Site. However, it is stipulated that, except as stated below or otherwise agreed, the contractor is not responsible for the design or specification of the permanent project or for the design or specification of the temporary works not established by the contractor. If the contract expressly stipulates that some permanent projects are designed by the contractor, the contractor shall be fully responsible for this part of the project even if approved by the supervising engineer.
8.3 Notification of error
The Contractor shall promptly notify the Supervising Engineer of any errors, omissions, errors and defects in the engineering design or technical specifications discovered during the review of the contract file and the construction process.
9.1 contract agreement
The contractor shall sign and perform the contractual agreement prepared by the owner, and the format shall be attached to the conditions of this contract.
1O.1 performance guarantee
The contractor shall provide the owner with a performance guarantee for the proper performance of the contract within 28 days after receiving the bid-winning notice. The performance guarantee shall be in the form of a bank guarantee, issued by the bank acceptable to the owner, and the amount shall be added to the appendix of the tender. When providing a bank performance bond to the supplement, the supervisory engineer should be notified. The bank guarantee format is attached to the terms of this contract. The costs incurred in accordance with the provisions of this article shall be borne by the contractor.
10.2 Effective performance of the performance guarantee
The validity period of the contract shall be as long as the contractor performs and completes the project and repairs any defects according to the contract.
After issuing the warranty certificate in accordance with paragraph 62.1, the performance bond should no longer be claimed, and the performance contract should be returned to the contractor within 14 days after the issuance of the certificate.
10.3 Claims under performance guarantee
In any case, the owner shall notify the contractor of the nature of the breach that caused the claim before filing a claim in accordance with the performance bond.
1l.l on-site inspection
Before the contractor submits the tender, the owner shall provide the contractor with information on the hydrological and surface conditions obtained by the owner or the owner's representative in accordance with the investigation of the project. The contractor is responsible for the self-explanation of this information.
Before the contractor submits the tender, it shall be deemed to have inspected and inspected the site and its surroundings; and the information related to it, and expressed satisfaction with the following:
The formation and nature of the site, including conditions below the surface;
Hydrological and climatic conditions;
The scope and nature of the materials and work required for the construction, completion and repair of defects;
The way in and out of the site and the accommodation and accommodation conditions that the contractor may need. Also, it should generally be considered that the contractor has obtained all necessary information about the risk accidents and all other circumstances that may affect or affect the bid as described below.
The contractor shall be deemed to have established that the tender is based on the information provided by the owner and the inspection and inspection of the site by the contractor.
11.2 Access to data
The information provided by the landlord under Section 11.1 shall be deemed to include the information listed in the other terms of the contract, and the location of the information provided by the owner is _______.
No fee shall be charged for access to these materials, and the contractor may obtain a copy of the information after paying a certain copying fee.
12.1 Completeness of counter-control tenders
The Contractor shall be deemed to have been satisfied with the correctness and completeness of the unit price and fee stated in the Bid and the Bill of Quantities. Except as provided in the contract, the bill of quantities and the bids shall include all obligations under the contract and all necessary matters necessary for proper construction, completion of the project and warranty.
12.2 Unfavorable external obstacles and conditions
During the construction of the project, if the contractor encounters actual obstacles or unfavorable conditions outside the climatic conditions at the site, this situation is unforeseeable to the contractor as an experienced contractor, and the contractor shall immediately notify the supervisor. The engineer also copied the owner. Upon receipt of this notice, if the supervising engineer believes that such an obstacle or situation cannot be reasonably foreseen by an experienced contractor, after consulting with the contractor and the owner, the supervising engineer shall decide:
According to the extensions that 44 contractors are entitled to; and the costs incurred by the contractor in the event of such a situation, the fee shall be added to the contract price and the above decision shall be notified to the contractor and to the owner. In making this decision, the supervising engineer shall consider all relevant instructions issued by the supervising engineer to the contractor and any appropriate and reasonable measures that the contractor may take for the supervising engineer when the unsupervised engineer has specified the instructions.
13.1 The project should comply with the contract
Except for cases that are legally or practically impossible, the contractor shall strictly carry out the construction, completion of the project and the warranty in accordance with the contract to the satisfaction of the supervision engineer. The Contractor shall strictly abide by the instructions issued by the Supervising Engineer regarding any matter involving or related to the work, whether or not such matters are stated in the contract. The Contractor shall only accept the instructions of the Supervising Engineer or accept the instructions of the Supervising Engineer's representative in accordance with the provisions of paragraph 2.
14.1 Construction plan to be submitted
Within 28 days after the date of issuance of the bid-winning notice, the contractor shall submit two engineering construction plans to the supervising engineer for their consent. The format and details of the construction plan shall meet the reasonable requirements of the supervision engineer. Whenever the supervision engineer requests it, the contractor shall submit in writing a general description of the method and arrangement to be adopted for the construction of the project to the supervising engineer for reference.
14.2 Revision of the construction plan
The contractor shall make a revision of the construction plan every three months, including the main workload expected to be completed each month; and the schedule of payment by the owner to the contractor.
If the supervision engineer feels at any time that the actual progress of the project does not comply with the latest progress plan that has been approved, the supervising engineer may request the contractor to submit the revised plan to ensure that the project is completed during the construction period.
14.3 Cash Flow Estimate Form to be Submitted
Within 28 days after the issuance of the bid-winning notice, the contractor shall submit to the supervising engineer a detailed quarterly cash flow estimation form as a reference. The cash flow estimate shall be the amount the payment the contractor is entitled to under the contract. The Contractor shall revise the cash flow estimate form on a quarterly basis as requested by the Supervising Engineer.
14.4 Duties that the contractor cannot be exempted
The construction plan submitted to the supervising engineer and approved by him, as well as the general description and cash flow estimation form, shall not relieve the contractor of any duties under the contract.
15.1 Supervision of the contractor
The Contractor shall provide all necessary supervision during the construction process as long as the Supervising Engineer believes that it is necessary to properly perform the Contractor’s obligations under the Contract. The contractor or his authorized representative, approved by the supervising engineer, applies the entire time to supervise the project. The authorized representative shall accept the instructions of the supervising engineer on behalf of the contractor or the representative of the supervising engineer under paragraph 2.
If the supervising engineer withdraws the approval of the contractor’s representative, the contractor shall, as soon as practicable after the receipt of the resignation notice, transfer it to the site within the actual limit, and shall not be anywhere on the site, taking into account the request for replacement of the representative as described below. Re-employ this person and appoint another representative approved by the supervising engineer.
15.2 Language ability of the contractor’s representative
If the supervising engineer believes that the representative of the contractor is not proficient in the use of English/Chinese, the contractor shall arrange at least one name of the translation to remain at the site at any time to ensure that the instructions and information of the supervising engineer are communicated in a timely manner.
A certain percentage of the contractor's supervisors should use Chinese as the working language, or the contractor should maintain a sufficient number of competent translators at the site to ensure that the supervisor's instructions and information are communicated in a timely manner.
16.1 Contractor’s employees
The Contractor shall provide the construction and completion of the works and warranty on the construction site:
Only skilled in the industry. Experienced technical assistants, foremen and foremen who can properly supervise the construction of the project, and skilled workers, semi-skilled workers and ordinary workers who can enable the contractor to perform their duties in a timely manner as required by the contract.
16.2 Local employees
According to local regulations, the contractor is required to hire local labor services as far as practicable and reasonable.
16.3 The supervision engineer has the right to object to and request dismissal
The supervising engineer has the right to object to and require the contractor to immediately remove from the project the personnel provided by the supervising engineer who are incapable of acting or performing their duties, who are incompetent or negligent, or the supervising engineer who believes that the presence of the site is inappropriate. Once such personnel are replaced, they may not be re-worked on the construction site without the approval of the supervising engineer. Anyone who is so removed should be replaced as soon as possible.
17.1 Stakeout
The contractor shall be responsible for:
Accurate stakeout of the project based on the original reference point, baseline and reference elevation given by the supervision engineer.
According to the above, the position, row height, size and baseline of each part of the project are correctly arranged.
All necessary equipment and labor provided in connection with the above responsibilities.
If during the construction process, there is an error in the position, elevation, size and baseline of any part of the project. At the request of the supervision engineer, the contractor shall correct the errors at his own expense to the satisfaction of the supervision engineer. Unless such error is caused by the supervision engineer's written error in writing, in this case the supervising engineer will determine the contract price to be increased in accordance with the provisions of paragraph 52, and notify the contractor and copy the owner accordingly.
The supervision engineer shall not exempt the contractor from any responsibility for the accuracy of the stakeout in any way. The contractor shall carefully protect and store the reference points, gantry plates, piles and project stakeouts that should be used in the stakeout. Other objects.
18.1 Drilling and caving
At any time during the construction period, if the supervising engineer requests the contractor to drill or explore the excavation, unless the project or provisional amount is included in the bill of quantities, the supervising engineer shall comply with this requirement in accordance with paragraph 51. give an order.
19.1 Safety, security and environmental protection
In the course of construction, completion of the project and warranty, the contractor shall:
Fully responsible for the safety of personnel entitled to construction on the site and to maintain good order on the site and project to avoid personal accidents, and to protect the project or for the safety and convenience of the public and other personnel, in the supervision engineer or in accordance with the law The time and place required by the competent authority, the contractor shall provide and repair all lighting, guardrails, fences, warning signs and guarding facilities at their own expense, and take all reasonable measures to protect the environment around the site and the site to avoid Harm or interference with public personnel and property caused by pollution, noise or improper construction methods.
19.2 Responsibilities of the Owner If the Owner is required to use his own workers to carry out work on the site in accordance with the provisions of paragraph 31, the owner of the operation shall:
Fully responsible for the safety of personnel entitled to work on the construction site, and maintaining a good order at the construction site to prevent injury to the above-mentioned personnel.
According to paragraph 31, if the owner employs other contractors on the site, the owner should require them to have the same responsibility to ensure safety and avoid injury.
20.1 Engineering care
The contractor shall be solely responsible for the materials used in the project, the equipment to be installed and the care of the project itself during the entire construction period from the date of commencement until the date of the issuance of the certificate of transfer. The owner will be responsible for these matters after the owner receives the entire project.
but:
If the supervising engineer issues a handover certificate for a certain section or part of the permanent project, the contractor shall not be responsible for the care of these sections or parts of the project from the date of issuance of the handover certificate. The responsibility for the care of the segment or part of the project is transferred to the owner;
The Contractor shall be solely responsible for the remaining work and materials used in the warranty period and the care of the equipment to be installed until such work is completed in accordance with Section 49.
20.2 Responsibility for making up for loss or damage
If the contractor is responsible for the care, if the project or any other part or material or engineering equipment to be installed causes any loss or damage for any reason other than the risks specified in paragraph 20.4, the contractor shall make up for this at its own expense. Losses and damages make these permanent projects meet the requirements of the contract and reach the satisfaction of the supervision engineer. The Contractor shall also be liable for any loss or damage to the Works resulting from the performance of its work by the Contractor in the performance of its obligations under Sections 49 and 50.
20.3 Lost or damaged due to owner's risk
If the supervision engineer requires the contractor to compensate for the loss and damage as required by the supervision engineer due to the diurnal risk specified in paragraph 20.4 or the loss or damage caused by the combined effects of other risks, the supervision engineer shall decide according to the provisions of paragraph 52. Increase the amount of the contract price, and notify the contractor and the copying owner accordingly. In the case of loss and damage caused by the comprehensive risk, the supervision engineer shall decide the proportion of the owner and the contractor to bear the risk.
20.4 Owner's risk
The risks of the owner include:
In the case of completion of the project in relation to the People’s Republic of China:
War, hostilities, invasions, foreign enemies;
Revolution, uprising, military coup, or civil war;
Ionizing radiation, radioactive contamination caused by any nuclear fuel or nuclear or nuclear emissions or nuclear material outbreaks and hazardous materials after the outbreak;
Shock wave pressure generated by the aircraft and the sonic or supersonic flying object;
Riots or disturbances and disorder of order, unless these conditions are limited to the contractor’s employees and subcontractors or by engineering. Caused by the construction.
Loss and damage caused by the owner's use or occupation of any segmental or partial works of permanent works, unless such occupation is contractual;
Some of the losses and damages caused by the engineering design, excluding some of the works designed by the contractor and their responsible parts;
The role of any natural forces, and an experienced contractor:
Can't reasonably foresee, or can reasonably foresee, but he can't:
Reasonable measures are taken to avoid the loss or damage caused by such forces, nor can it:
Take reasonable precautions.
21.1 Insurance for contractors and contractors' equipment
Without limiting the obligations and responsibilities of the contractor or the owner as provided for in paragraph 20, the contractor shall insure the following:
Insuring the project together with the materials used in the project and the equipment to be installed at full replacement cost;
An additional 15% additional amount is added to this replacement cost to cover any additional and additional costs incurred as a result of remediation of damage or damage, including operating expenses and any part of the project's demolition costs and the cost of carrying away any nature of muck;
The equipment and other items belonging to the contractor brought into the site by the contractor shall be sufficient for the amount of insurance to be reset on site.
The insurance premiums listed by the contractor in the bill of quantities will be verified by the owner in accordance with the insurance receipt actually paid by the contractor.
21.2 Insurance coverage
Insurance for Section 21.1 and Section shall be insured under the joint name of the Contractor and the Owner and shall include:
Losses and damages caused by various reasons other than those specified in paragraph 21.4 of the owner and the contractor from the date of commencement of construction on the construction site to the relevant project or the division of part or part of the project according to different circumstances. And by the contractor:
Loss or damage during the warranty period due to reasons prior to the commencement of the warranty period, and loss and damage caused by the Contractor in connection with its construction under Sections 49 and 50.
21.3 Responsibility for amounts that cannot be recovered
Any uninsured or uncollectible amount from the insurance company shall be borne by the owner or the contractor in accordance with the responsibilities specified in ZO.
21.4 Exclusion of liability
The insurance liability under No. 21.1 does not include the loss and damage caused by the risks listed in 20.4 a.
22.1 Compensation for personal and property damages
Except as otherwise provided in the contract, the contractor shall waive the owner’s loss and compensation for the following matters:
Any death or injury to any person, or damage to any property that may arise or result from the construction, completion and warranty of the project and all related claims, litigation, compensation, fees, legal costs, etc., except as provided in Section 22.2 All expenses except for special circumstances. "
22.2 exceptions
The exceptions referred to in No. 22.1 refer to:
Land permanently used or occupied by the project or any part thereof.
The owner is the authority of any land on, under, in or through the construction of the project or part of it.
Property damage caused by contract construction, completion of work and warranty.
由於業主、其代理人、僱員或其他承包人的行為或過失引起的對人身的死、傷或對財產的損失、損壞，或與此有關的任何索賠、訴訟、損害賠償、訴訟費、指控費及其他開支，或有些傷害或損害是由承包人及其僱員、代理人引起的，但部分原因及在某種程度上是由業主、其僱員、代理人及其他承包人引起的，這一點應予公平合理地考慮。
22.3業主的保障
業生應保障承包人免予承擔屬於22.2款規定的例外情況下所有索賠、訴訟、損害賠償、訴訟費、指控費及其他開支。
23.1第三方保險電話業主財產
承包人應不限於22款規定的他的或業主的義務和責任的條件下以承包人及業主的共同名義進行人身傷亡保險及財產損失或損害保險。
但第22.2款、和款規定的情況除外。
23.2最低保險金額
第三方保險的投保金額不得低於投標書用錄中規定的數額，僅對於投保的事故次數不限。
24.1工人的事故及傷殘
業主不對承包人及任何分包人所僱用的工人和其他人員的傷害及其補償負有責任，除非傷害及賠償是由業主及其代理人、僱員的行為及錯誤適成的。承包人應保障並持續保障業主不承擔有關的傷害及補償，及所有有關的索賠、訴訟、損害賠償、訴訟費、費用與其他開支。
24.2工人事故的保險
承包人應在全部工程施工期間對所有其僱用的工人進行此類保險並持續這種保險。但對於任何分包人僱用任何人員，如果分包人已經對上述僱員進行了保險，使業主根據保險單得到補償，則本條款前述的承包人保險義務即得到履行，但在必要時，承包人應要求分包人向業主提交有關的保險單及本期保險金的支付收據。
25.1保險證明及條款
承包人應在工程開工前向業主提供根據契約要求的保險投保證明，並在：
承包人所需保險的工作開始7天前，或開工後84天內向業主提交保險單。
在向業主提交證明和保險單時，承包人應通知監理工程師。保險單應與發出中標通知書前雙方同意的一般條款一致。承包人應使所有由其負責的在中國人民保險公司，或事先經業主批準的任何合格保險公司投保的保險及經業主批準的保險條款生效。
25.2保瞼的完備性
承包人應在施工進度、範圍、性質發生變化時通知保險人，以確保根據契約條款在所有時間內有完備的保險，並根據要求向業主提交有效的保險單及本期保險費的支付收據。
25.3對承包人未保險的補救辦法
如果承包人未使或未保證任何契約規定的保險生效，或未按25.1款規定的時間向業主提供保險單，業主在任何這種情況發生時，將使或保證任何這些保險生效並支付的保險金，及隨時從支付給或應支付給承包人的款項中扣回，或視同到期債務從承包人處扣回。
25.4遵守保險單的條件
在承包人或業主未能遵循據契約生效的保險單條款。責任一方應賠償另一方由此而造成的全部損失及賠款。
26.1邀守法律、規章
承包人應在所有方面，包括發出所有通知、支付各種費用方面遵守：
所有與工程施工、完成工程，保修有關的由國家或省頒布的法令、法規或其他法律、或任何地方或其他合法機構的規章或地方法規，及其財產或權利受到或可能受到該工程以任何方式影響的公共團體和公司的規章製度。
承包人應使業主免於受到有關破壞這些規定的所有處罰及承擔有關這方面的責任。但業主應負責取得工程進展所必須的計畫、區域劃分或其他類似的批準，並根據22.3款規定，給承包人補償。
27.1化石處理
所有在工地被發掘的化石、硬幣及有價值的物品，或文物、結構物及有地質、考古價值的其他遺跡和物品，就業主和承包人而言，應被視為業主的絕對財產。承包人應採取合理措施防止其工人或其他人員移動、損害任何這類物品，並在發現後立即通知監理工程師並按監理工程師的指令處理這些物品。如果由於處理此類事宜使承包人延誤了工期/或支付了費用，監理工程師應在與承包人和業主協商後，決定：
任何根據44款規定承包人有權得到的延長工期，及應加入到契約價的一筆款額，並相應的通知承包人及抄報業主。
28.1專利權
承包人應保護和保障業主免於承擔由於工程上使用的或有關的或準備採用的任何承包人的設備、材料或工程設備等方面侵犯任何專利權、設計商標或名稱或其它受保護權利的行為而引起的所有索賠和訴訟的費用，並保護和保障業主免予承擔由此導致或與此有關的損壞賠償、訴訟費、指控費和其它開支。但由於執行監理工程師提供的設計或技術要求而侵犯上述權利的情況除外。
28.2礦區使用費
除另有規定外，承包人應支付為獲得工程所需要的石料、砂子、礫石、粘土或其他材料等所發生的噸位費和其他礦區使用費、租金及其他支出或補償費。
29.1對交通和毗鄰財產的幹擾
在符合契約要求所許可的範圍內，在施工、完成工程及保修過程中、所必需的一切操作均不應對：
公眾的便利，及公用道路或私人道路，以及通往屬於業主或他人財產的人行道的進入，使用或佔用，產生不必要及不適當的幹擾。
承包人應保護並保障業主免予承包人負責的上述事項所導致或與之有關的一切索賠，訴訟、損害賠償、訴訟費、費用及其他開支。
3O.1避免對道路的損壞
承包人應採取一切合理的手段，防止與現場連線或通往現場的道路和橋梁受到承包人或其任何分包人因交通而造成的損壞。尤其應當選定運輸線路、選擇和使用運輸工具、限製和分配運載重量。從而使因運輸原材料、設備和承包人的設備或臨時工程而不可避免的這類運輸盡量限製，不致對這類道路和橋梁適成不必要的損壞或損傷。
3O.2承包人設備或臨時工程的運輸
除契約另有規定，承包人應對其通往工地或位於通往工地路線上的為運輸承包人設備或臨時工程的任何橋梁的加固或更換或改善其任何道路交付相應的費用。承包人應免除業主對由於這種運輸引起的任何此類道路橋梁損壞的賠償責任，包括直接向業主提出的索賠要求。承包人應通過談判處理此類索賠，並支付所有由此類損壞引起的索賠。
30.3材料或工程設備的運輸
盡管有30.1款規定，如果在運輸材料和設備時，對通往工地或位於通往工地路線的任何道路或橋梁造成任何損壞，在承包人得知這一損壞或接到被授權的官方提出的索賠要求後，應立即通知監理工程師及業主。根據法律規定，要求材料和工程設備的運輸者對道路主管部門給予損壞賠償，業主不負責支付所有有關的費用。在其他情況下業主通過談判，解決爭端，並支付有關索賠的金額，並免除承包人對有關的索賠、起訴、損害賠償、訴訟費、指揮費及其他開支的責任。隻要監理工程師認為索賠或部分索賠是由於承包人未能按30.1款規定履行其責任，監理工程師在與業主及承包人協商後，將決定這一筆失職引起的應支付的款額，業主將從承包人的款項中扣回，也可以從任何應支付或到期應支付給承包人的款項中扣除同等數額，並通知承包人及業主。也規定，業主應通知承包人糾紛將在問時協商解決及將從承包人的那一筆款項中扣回上述金額。在解決這一糾紛前，業主應與承包人協調。
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