Fan Wen Daquan > Contract Model > Tendering Contract Model

Project construction bidding contract contract conditions (Part 2)


service

34.1 Employment of staff and services

Unless otherwise stipulated in the contract, the contractor shall be solely responsible for the employment of the local and other labor services and staff, the payment of wages, housing, meals and transportation arrangements. The contractor shall not recruit labor or staff from the personnel serving the owner or the supervising engineer. The contractor shall be responsible for returning the person recruited for the performance of the contract to the original place and arranging the life to be returned but not yet returned until they leave the site. . Persons who are not Chinese and recruited abroad should leave China after the completion of the construction.

34.2 Contractor's foreign police service and staff

Except for the source of its own services and the provisions of paragraphs 16.2 and 34.3, the contractor shall

The detailed provisions of the section are responsible for the foreign labor and foreign staff recruitment, transportation and food supply required for the project, and the payment of personnel expenses related to this. .

The issuance of entry and exit visas, transit visas and residence permits for foreigners and their family members of the contractor shall comply with the relevant Chinese regulations. The Contractor shall be responsible for obtaining all necessary visas or permits for foreigners entering China.

When the contractor considers it necessary to employ foreign professionals and supervisors for the implementation of the project, the contractor obtains the owner's approval in advance for hiring these personnel.

The family members of the foreigners employed by the contractor must obtain written approval from the owner before applying to come to China.

The contractor and his subcontractors shall provide the necessary care and respect for all recognized festivals, holidays and religious practices or other customs in dealing with expatriate personnel who are employed temporarily or in connection with the project.

34.3 Acquisition of local labor services

The contractor may only sign a labor supply agreement with the department in China that is allowed to provide labor, and a copy of the agreement and a copy of its subsidiary file shall be submitted to the supervision engineer.

34.4 Local labor wages

The contractor shall adjust the salary of its local employees according to the changes in the laws and regulations of the provincial government of China and the project site during the validity period of the contract.

34.5 Site Rules

The owner and the contractor will establish site rules and establish rules and regulations in the implementation of the project.

Such site rules should include, but are not limited to, the following:

Security defense

Engineering safety;

Site management system;

Environmental sanitation;

Fire prevention measures;

Additional rules for environmental protection around and near.

34.6 Preventing illegal activities

The Contractor shall take all reasonable precautions at all times to prevent any illegal or violent harassment by its employees or among its employees, and to maintain personal property in the vicinity of public security and protection works. The destruction.

34.7 Water supply

The Contractor shall provide sufficient water and other water for its staff and laborers on site, as far as reasonably practicable, in accordance with local conditions.

34.8 Alcoholic beverages or drugs

The Contractor shall not import, sell, give, barter or otherwise transfer any alcoholic beverages or drugs other than the current laws, regulations and government regulations or orders, nor allow or tolerate the subcontractors, agents or employees. Any such import, sale, giving, barter or transfer.

34.9 Weapons and ammunition

The Contractor shall not assign, barter or otherwise transfer any weapon or ammunition of any kind to any other person, or allow or tolerate the same acts as described above.

35.1 Report on labor and contractor equipment

If the supervision engineer requests, the contractor shall send a detailed written statement to the supervision engineer. The format and time interval shall be pre-specified by the supervision engineer. The report shall list the number of personnel and various types of workers employed by the contractor at the construction site at any time. Such statements relating to the contractor’s equipment should also be included when required.

35.2 Security Officer

The contractor shall have a qualified safety officer among the staff at the construction site to handle the safety protection and accident prevention of all staff and laborers. The safety officer has the right to issue instructions and take protective measures to prevent accidents. .

35.3 Health and safety and its records

The contractor shall take appropriate measures at its own expense to ensure the safety of its staff and service personnel.

The contractor shall keep records of property damage, personnel welfare, health and safety, and submit the relevant report when the supervision engineer requests it at any time.

35.4 Accident report

The contractor shall report the details to the supervision engineer within a short period of time after the accident. In the event of death or other serious accident, he should notify the supervising engineer in the quickest way.

Materials, engineering equipment and processes

36.1 Quality of materials, engineering equipment and processes

Unless otherwise stipulated in the contract, the contractor shall transport the purchased local and imported materials to the site in a prompt and orderly manner. Encourage contractors to use materials and equipment within the territory of the People's Republic of China as far as is reasonably practicable.

All materials, engineering equipment and processes should be;

Comply with the corresponding grades of the contract and meet the requirements of the supervision engineer's instructions, and the supervision engineer shall come to the manufacturing or processing location at any time, or at the construction site or at other locations or any such locations as may be specified in this contract.

The Contractor shall provide assistance, labor, electricity, fuel, storage rooms, instruments and meters that are normally required for the inspection, testing and testing of any materials or equipment, and shall be selected and required by the Supervising Engineer before these materials are used in the Works, Samples are provided for testing.

36.2 Sample Fees

If the contract clearly indicates or stipulates that the specimen should be provided by the contractor, the contractor shall provide all specimens at its own expense.

36.3 Inspection fee

The Contractor shall bear any of its inspection fees if the inspection is:

Clearly specified or specified in the contract, or sufficiently detailed in the contract to enable the contractor to price or price in the tender.

36.4 The cost of the inspection is not specified

If the inspection engineer requires any inspection:

Not specified and not specified, or not specified, or the supervising engineer requires that the test be performed at a location other than on site or at a location other than the location where the materials or equipment are manufactured or prepared.

The results of these tests show that if the materials, equipment and operating procedures fail to meet the requirements of the supervision engineer in accordance with the contract, the relevant expenses shall be borne by the contractor. In other cases, the provisions shall be handled in accordance with the provisions of 36.5.

36.5 Inspections not specified in the supervision engineer's decision

According to the provisions of 36.4, this paragraph stipulates that the supervision engineer shall, after careful consultation with the owner and the contractor, determine:

According to the provisions of paragraph 44, the contractor is entitled to any extension of the construction period; and the fee that should be added to the contract price, and the contractor is notified accordingly to copy the owner.

36.6 Materials or equipment available to the owner

The owner can provide goods and materials to the contractor:

If the “List of Owners Available Materials” is attached to the bidding documents, the contractor may choose to use the materials at their own prices or may use materials of their own origin. If the contractor chooses the materials provided by the owner:

The Owner will guarantee that the above materials will be supplied during the contract period at the prices listed in the table and at the designated locations; and that such materials shall be considered to have been selected and used by the Contractor and shall comply with the relevant requirements accordingly.

37.1 Operational inspection

The supervising engineer and his licensor shall, at the appropriate time, have the right to enter the construction site, the workshop and the place where the materials, equipment and equipment are produced, processed and prepared for the project. The contractor shall provide all convenience for such access and assist in obtaining access to the above-mentioned places. s right.

37.2 Inspection and testing

During the production, processing or preparation phase, the supervising engineer has the right to inspect and test the materials and equipment provided under the contract. If the workshops and locations where these materials and equipment are produced, processed and prepared are not the contractor, the contractor shall supervise and inspect the supervision and inspection of these workshops and locations. These inspections and tests shall not exempt the contractor from the obligations of the contractor.

37.3 Inspection and test date

The Contractor shall agree to the materials, equipment and time and place provided by the Supervising Engineer for inspection, testing and contract. The Supervising Engineer shall notify the Contractor 24 hours in advance of the test and the inspection to be carried out. If the supervising engineer or his authorized representative does not participate in the work at the agreed time, unless otherwise directed by the supervising engineer, the contractor may perform such inspections and consider them to be in the presence of the supervising engineer. The contractor also submits a copy of the inspection result with appropriate certification to the supervising engineer. If the supervising engineer does not participate in the inspection, he shall acknowledge that the information indicates that the result is correct.

37.4 rejection

If, according to the provisions of Article 37.3, the materials and equipment are not prepared for inspection and test at the agreed time and place, or the supervision engineer believes that the results of the inspection of the materials and equipment are not problematic or do not meet the requirements of the contract, the supervision engineer uses Reject these materials and equipment and notify the contractor immediately. The notice shall state the reasons for the supervision engineer's rejection. The contractor shall immediately resolve the existing problems or ensure that the rejected materials and equipment meet the contract requirements. If the supervising engineer requests that the rejected materials and equipment be repeated under the same terms or conditions, the contractor shall repeat the inspection. As a result, the cost incurred by the owner shall be determined by the supervising engineer after consultation with the owner and the contractor. The owner shall claim back from the contractor or deduct the money paid or paid to the contractor. The supervision engineer shall notify the contractor accordingly and copy the owner.

37.5 independent inspection

The supervising engineer may delegate the inspection or test of the material or engineering equipment to an independent inspector. Any such appointment shall be implemented in accordance with the provisions of paragraph 2.4. For this purpose, such an independent inspector shall be regarded as an assistant to the supervising engineer, and the supervising engineer shall notify the contractor of such assignment.

38.1 Cover your engineering inspection

Without the approval of the supervising engineer, the part of the project shall not be covered or concealed. The contractor shall ensure that the supervising engineer has ample opportunity to inspect and measure any such part of the work to be covered or concealed, and The foundation placed on it is checked. Whenever any part or foundation of the project is ready or ready to be inspected, the contractor shall promptly notify the supervising engineer, unless the supervising engineer informs the contractor that the inspection is not necessary, the supervising engineer shall participate in such engineering part. Inspection and measurement and basic inspection without undue delay.

35.2 Peeling and opening

When the supervising engineer instructs any part or parts of the project to be stripped or opened in or through the project, the contractor shall perform and re-cover and organize it. If any part or parts have been covered or concealed in accordance with paragraph 38.1 of this Article and the construction complies with the contract, the supervising engineer shall, after consultation with the owner and the contractor, determine the contractor to remove, open, pierce, recover and Organize the fees paid for these projects, this fee should be added to the contract price, and notify the contractor and copy the owner. All expenses in other circumstances are borne by the contractor.

39.1 Disassembly of unqualified works, materials or equipment

The supervision engineer has the right to issue the following instructions at any time:

Remove any materials or equipment that the supervision engineer considers to be inconsistent with the contract as soon as possible or several times within the time specified in the directive;

Replace the original material or equipment with suitable, qualified materials or equipment;

The Supervisor Engineer believes that due to previous inspections or intermediate deliveries,

The work, equipment or operating procedures, or designs undertaken by or under the responsibility of the contractor itself, are still not in compliance with the contract and the works are to be demolished and rebuilt.

39.2 The contractor failed to comply with the directive breach of contract

If, at the time specified by the order or within a reasonable time, the contractor breaches the contract when executing the above instructions, the owner has the right to hire another person to execute the order and pay the relevant fee. All resulting or incidental costs shall be determined by the Supervising Engineer after consultation with the Contractor and the Owner, and the Owner shall recover the amount from the Contractor or any payment due or due to the Contractor. Deducted in the middle. The supervision engineer shall notify the contractor and copy the owner accordingly.

Temporary suspension

40.1 Temporary suspension of the project

In accordance with the instructions of the Supervising Engineer, the Contractor shall suspend the construction of the Works or any part thereof in such manner as the Supervising Engineer deems necessary within the time indicated. During the suspension of construction, the Contractor shall perform the proper protection and safety of the Engineer or any part thereof as deemed necessary by the Supervising Engineer.

Except for the following temporary suspensions:

Other provisions specified in the contract; or necessary stoppages due to, or due to, the contractor’s breach of contract or breach of contract; or necessary stoppages due to site weather conditions;

For the reasonable construction of the project to become a safety stoppage of the project or any part thereof, it shall be handled in accordance with the provisions of 40.2.

40.2 Decision of supervision engineer after temporary suspension of work

In accordance with the provisions of Section 40.1, where applicable to this clause, the Supervising Engineer may, after consultation with the Contractor and the Owner, decide:

The extension of the project that the contractor is entitled to under paragraph 44; and the increase in contract costs due to such temporary suspension;

And notify the contractor and copy the owner accordingly.

40.3 Temporary suspension for more than 120 days

If the progress of the project or any part of it is temporarily suspended according to the written instructions of the supervision engineer, the supervision engineer shall not issue a reinstatement permit within 120 days from the date of the stoppage, unless the suspension is part of paragraph 40.1 of this document. In the four cases, the contractor may send a notice to the supervising engineer requesting that the suspended work or part of it be allowed to continue construction within 28 days after receiving the notice from the supervising engineer. If this permission is not obtained within this time limit, the contractor may choose the following treatment: if such a suspension affects only part of the entire project, the suspension shall be deemed to be part of the work that can be omitted in paragraph 51. Omit and notify the supervising engineer again, but this is not necessary; when the construction of the whole project is affected, it is deemed that the owner has defaulted, and the contract is terminated according to paragraph 69.1. When this happens, it shall be dealt with in accordance with paragraphs 69.2 and 69.3.

Start and delay

42.l project started

After receiving the notice of commencement from the supervision engineer, the contractor shall start the work as soon as possible within a reasonable time. The notice of commencement of work shall be issued within the time limit specified in the appendix of the tender after receiving the notice of winning the bid. After this, the contractor should start work as soon as possible without delay.

42.1 On-site occupancy and access rights

Except as may be specified in the contract:

The scope of the part of the site that the contractor can occupy at any time, and the order in which the contractor can occupy it, the owner shall let the contractor occupy the notice at the same time as the supervision engineer, but this order obeys the order of construction required by the contract.

The corresponding site scope and the required access to the site shall be provided by the owner in accordance with the contract, so that the contractor can make the plan specified in paragraph 14 or in accordance with the notice of the contractor in the supervision engineer and copying the owner. Reasonable suggestion to start construction and construction.

The owner should make the contractor further occupy the construction site with the progress of the project, so that the contractor can carry out the construction as soon as possible according to the plan or suggestion under different circumstances.

Unless otherwise approved, the contractor shall not use the site for purposes other than construction.

42.2 failed to give the right to occupy

If the owner fails to occupy the construction site in accordance with the provisions of Section 42.1, causing the contractor to delay the construction period or pay the expenses, the supervision engineer shall, after consultation with the owner and the contractor, decide:

The extension that the contractor is entitled to under the provisions of paragraph 44, and the amount of the fee that should be added to the contract price, and the contractor and the owner are notified accordingly.

42.3 Road access rights and facilities

The Contractor shall bear all costs and taxes on the special temporary road access rights required for entry and exit to the Site, and the Contractor shall also provide at his own expense any additional facilities other than the Site that he needs for the Project.

42.4 Temporary land for construction

If the contractor needs to attach temporary land for temporary use, he should list it in the Supplementary Information Sheet - Temporary Additional Site Requirements for the owner's approval. The scope of temporary project land includes engineering activities, offices, accommodation facilities, temporary access roads and other similar temporary construction sites. The scope of the above-mentioned land use shall be provided by the owner to the contractor. The additional land used without the approval of the owner shall be arranged by the contractor and shall be at his own expense.

43.1 Completion period

All works completed in accordance with the time specified in the appendix of the tender, or part of the work required to be completed shall be completed within the time specified in the appendix of the tender calculated from the commencement date in accordance with the provisions of 48, or the extension specified in paragraph 44 Completed within the corresponding time.

44.1 Extension of the completion period

If due to:

Any number or nature of additional or additional works, or delays caused by any cause specified in the terms of this contract, or unusually harsh climatic conditions, or any delay, obstruction or obstruction by the owner, or other failure of the contractor to breach or contract or In the special circumstances that may be incurred by the contractor, the contractor has the right to extend the period of completion of all or part of the paragraph or part of the project. The supervisory engineer shall, after consultation with the contractor and the owner, decide on the extension time and notify the contractor accordingly. And copy the owner. l 44.2 Notice and details of the contractor's submission

The supervising engineer may make no decision unless the contractor has:

Within 28 days after the first occurrence of such a situation, the supervisory engineer was notified and copied to the owner, and the contractor was given the right to the supervising engineer within 28 days after the notice submitted to the supervising engineer or other reasonable time agreed by the supervising engineer. Deferred detailed representation so that his comments can be studied in a timely manner.

44.3 Temporary extension decision

If an event has a continuous impact, the contractor cannot deliver Section 44.2 within the specified 28 days.

The details specified in the case shall be submitted to the supervising engineer's temporary report at no more than 28 days after the contractor and the final report of the supervising engineer shall be sent within 28 days after the end of the impact of the events. The contractor has the right to request an extension of the construction period. .

After receiving the provisional situation report, the supervision engineer shall promptly decide on the temporary extension. After receiving the final report, the supervising engineer shall consider all circumstances to determine the total extension. In both cases, the supervising engineer shall notify the contractor and copy the owner to the owner according to the situation. The final review should not reduce the delay time that has been determined by the supervising engineer.

45.1 Limitation of working hours

Except as otherwise provided in the contract and as stipulated below, the construction of any unsupervised engineer shall not be carried out at night or on a locally recognized rest day. However, it does not include situations where it is inevitable or absolutely necessary to repair the life or property for the safety of the project or in the above-mentioned period of time. In this case, the contractor shall immediately make recommendations to the supervisor. This provision does not apply to any work that is customarily used in a multi-shift system.

46.1 Construction progress

In the case that the contractor has no reason to request an extension of the construction period, if the supervision engineer believes that the construction progress of the project or any part thereof is too slow at any time and cannot be completed according to the scheduled completion date of the project, the supervision engineer shall regard this situation. The contractor shall be notified and the contractor shall take the necessary steps agreed by the supervision engineer to speed up the construction and enable the project to be completed within the scheduled period. The Contractor has no right to request these steps to pay any additional fees. In order to execute the indicators issued by the supervising engineer in accordance with this paragraph, the contractor shall obtain the consent of the supervising engineer to perform any work at night or on a locally recognized rest day. If any measure taken by the contractor to fulfill the obligations specified in this paragraph involves additional costs incurred by the owner, the supervisory engineer will determine the corresponding fee after consultation with the contractor and the owner, and the owner will reimburse the contractor for this part of the fee or The payment or the fee to be paid to the contractor shall be deducted and the contractor shall be notified accordingly and copied to the owner.

47.1 Mistakes or compensation

If the contractor fails to complete all the works within the time limit specified in paragraph 48 or fails to complete any part of the project within the corresponding time specified in paragraph 43, the contractor shall pay the owner the amount stated in the appendix of the tender as a result of the breach of contract. The compensation, not as a fine, shall be counted from the corresponding completion period to the daily or less than one day of the date on which the entire project or the corresponding part of the project is issued to the handover certificate. The penalty shall not exceed the limit stated in the appendix to the tender. The owner may deduct the compensation from the amount payable or to be paid to the contractor without prejudice to other methods of compensation. This payment or deduction shall not relieve the contractor of any other obligations and liabilities of the contractor for the obligation to complete the project or for the contract.

47.2 Reduction of compensation fees

Before the completion of the entire project or any section, if any part of the project or section has issued a handover certificate, there will be no compensation for the remaining project after the issuance of the above-mentioned handover certificate in the absence of a substitute clause in the contract. The amount is reduced accordingly, and the reduction ratio is the ratio of the value of the engineering part or section of the above issued certificate to the value of the entire project. This paragraph applies only to the proportion of the compensation fee without affecting its limit.

47.3 Completion bonus

If the contractor completes the work before the time specified in paragraph 43, the owner shall pay in accordance with the amount specified in paragraph 48 of the completion handover certificate and the date of signature and the time of completion specified in paragraph 43 in accordance with the amount specified in the appendix to the tender. The contractor’s daily bonus.

In order for the owner to possess and activate certain sections of the project prior to completion of the entire project, the date of completion of the section should be specified in the appendix to the tender. In order for the contractor to be entitled to a bonus, the details of the work to be carried out and the total amount of the bonus are required to be specified in the specification.

In order to facilitate the calculation of the amount of the bonus, the date of completion of the section as specified in the appendix to the tender shall be fixed and, unless otherwise agreed, no adjustment may be made to the date of completion on the grounds of Section 44 or any other condition allowing for extension of this condition. . _1 If the supervising engineer issues a certificate, the section is qualified to be completed up to the date indicated in the certificate, and the contractor is entitled to receive the bonus payment calculated according to the technical specifications in accordance with paragraph 60.

48.1 Handover certificate

When the entire project has been basically completed and any completed inspections have been successfully completed by the contract, the contractor shall notify the supervisory engineer at a predetermined speed and copy the owner to the owner, and shall attach a copy of any unfinished work during the warranty period. Written guarantee. This notice and guarantee shall be deemed to be the contractor's request for the supervision engineer to issue a project handover certificate. The supervising engineer shall, within 21 days from the date of receipt of the notice, issue a transfer certificate to the contractor stating the date on which the supervising engineer considers that the project has been substantially completed in accordance with the contract and at the same time give the owner a copy; Or give the contractor written instructions stating that the supervising engineer believes that the contractor has to complete all the work before the transfer of the certificate. The supervising engineer shall also notify the contractor of any engineering defects that may occur after the issuance of the written instructions and prior to the issuance of the certificate, which affects the basic completion of the project. The contractor shall be entitled to receive the project handover certificate within 21 days after completing the above-mentioned work and repairing the identified engineering defects and satisfying the supervision engineer.

48.2 Division or Divisional Handover

Similarly, in accordance with the procedure set out in No. 48.1, the contractor may request that the supervising engineer issue a handover certificate for the following works:

Any part of the project with separate completion period specified in the appendix of the tender, or the supervising engineer expressed satisfaction that it has been basically completed, and unless otherwise specified in the contract, any part of the permanent project that the owner possesses, or the owner chooses to possess Or use any part of a permanent project.

48.3 Part of the project is basically completed

If any part of the permanent project has been substantially completed and satisfactorily passed any completion inspections required by the contract, the supervising engineer may issue a handover certificate for the part before the completion of the entire project, and once the certificate is issued, the contractor shall It shall be deemed to ensure that any unfinished work of this part of the permanent project is completed at a predetermined speed during the warranty period.

48.4 Requires repair of the surface

A certificate of handover for any section or part of a permanent project issued prior to the completion of the entire project shall not be considered as proof that any work on the ground or surface of the ground that has to be rehabilitated has been completed, unless the certificate clearly states this.

Warranty

49.1 Warranty period

In the terms of this contract, the term "warranty period" shall mean the period of warranty specified in the attached file of the tender, from:

It shall be counted from the date on which the supervising engineer issues the basic completion of the certificate project in accordance with the provisions of this paragraph 48, or when the supervising engineer issues more than one certificate in accordance with the provisions of paragraph 48 of this document. Count it up. The meaning of the term “engineering” in relation to the warranty period shall be understood accordingly.

49.2 Completion of unfinished works and repair defects In order to complete the required period of the contract at the end of the warranty period or after the expiration of the warranty period, the project will be handed over to the owner with the satisfaction of the supervision engineer.

If any outstanding work remains on the date of completion of the handover certificate, the contractor shall complete it as soon as possible after the completion date.

The supervision engineer shall repair, rectify and repair the defects, cracks and other unqualified Z children according to the instructions issued by the supervision engineer or his representative in the 14-day period after the warranty period or the expiration of the warranty. Cost of repairing defects

If the supervising engineer believes that such work must be done is due to:

The materials, equipment or operating procedures used are not in compliance with the contract, or there are any errors in the part of the permanent works designed by the contractor, or when the contractor ignores or fails to comply with any obligation expressly or implicitly imposed by the contractor.

All work in accordance with paragraph 49.2 shall be carried out by the contractor at his own expense. If the supervision engineer believes that the necessity of carrying out the above work is for any other reason, it shall decide to add an amount to the contract price according to paragraph 52 and notify the contractor and copy the owner accordingly.

49.4 The contractor failed to execute the order

If the contractor fails to execute the above instructions of the supervising engineer within a reasonable time, the owner has the right to hire another person to perform such work and pay. If the supervising engineer considers that such work is based on the contract and the work that the contractor is responsible for at his own expense, all the costs incurred and associated with it shall be determined by the supervising engineer in consultation with the owner and the contractor, and the owner shall obtain from the contractor, or The owner withdraws money from the amount he or she pays to the contractor or will pay to the contractor. The contractor and the copying owner should be notified.

49.5 extended warranty period

The provisions of this clause apply to the replacement or repair of engineering equipment by the contractor to repair defects and damage, which has been handed over on the date of completion. The extended warranty period of the project is equal to the time that the project cannot be used due to defects or damage. If it is only part of the project, the extension of the warranty period applies only to that part.

In both cases, the warranty period shall not exceed the number of years specified in the appendix to the tender from the date of transfer.

In the event of a temporary interruption in the progress of the engineering equipment referred to in paragraph 40, the contractor’s obligations under this paragraph shall not apply to any defects that occur more than the number of years specified in the appendix to the tender after the completion date.

50.1 Investigation of the contractor

Before the end of the warranty period, if there are any defects, cracks or other unqualified items in the project, the supervision engineer may instruct the contractor and notify the owner to investigate the cause under the supervision of the supervision engineer.

If these defects, cracks or defects are not the responsibility of the contractor, the supervising engineer shall, in consultation with the owner and the contractor, determine the cost of the contractor to carry out the above investigation, add the fee to the contract price and notify the contractor and the copying owner accordingly. .

If the above defects, cracks or non-conformities are the responsibility of the contractor, all the relevant investigation costs shall be borne by the contractor. In such cases, the Contractor shall repair these defects, cracks or non-conformities at their own expense, in accordance with Section 49 of this document.

Change, add, and omit changes in 51.1

The Supervising Engineer shall have the right to order the Contractor if he or she may, if he deems it necessary, make any change to the formation, quality or quantity of the Works or any part thereof and for any other reason that he or she deems appropriate, Execution, and the contractor shall perform any of the following tasks;

Increase or decrease the amount of any work included in the contract;

Omit any such work;

Change the nature or quality or type of any such work;

Change the elevation, baseline, position and size of any part of the project;

Perform any additional work necessary for the completion of the project;

Change the construction order or time of any provision for any part of the project.

Any such change shall not invalidate or invalidate the contract in any way, but effective changes shall be valued in accordance with paragraph 52.

If the change order is caused by or is the responsibility of the contractor for breach of contract or breach of contract, the cost of the change shall be borne by the contractor.

51.2 Change Order

The contractor shall not make any such changes without the instructions of the supervising engineer. If the increase or decrease in the amount of work is not the result of the execution of the instructions in this Article, but because the number of works exceeds or is less than that specified in the Bill of Quantities, the increase or decrease does not require any instructions.

Valuation of change

52.1 Basic principles of valuation

All changes to the provisions of Section 51 and the increase in the contract price in accordance with Section 52 shall be assessed at the unit price and fee stipulated in the contract as deemed necessary by the Supervising Engineer.

If the contract does not include the unit price or cost applicable to the change work, the unit price and cost in the contract may be used as the basis for the valuation as long as it is reasonable. If the above conditions are not established, after consultation with the contractor and the owner, the supervision engineer and contractor The person agrees on a suitable unit price or fee. If the negotiation fails, the supervising engineer shall determine a unit price or fee that he thinks fit, and notify the contractor and copy the owner. Before the above unit price or cost is not agreed or decided, the supervision engineer decides a tentative unit price or fee to issue a payment certificate in accordance with the provisions of Section 60.

Any of the above agreements for determining or determining the unit price or cost shall include the foreign currency and its proportion.

52.2 The supervision engineer determines the unit price

If the nature or quantity of any change work relates to the nature or quantity of the entire work or any part thereof, in which case the Supervising Engineer considers that the unit price or cost of any work item included in the contract is inappropriate or not applicable due to the above changes After the supervision engineer negotiates with the owner and the contractor, the supervision engineer and the contractor agree on a suitable unit price and cost. In the case that the opinions of the two parties cannot be consistent, the supervising engineer shall determine the unit price or fee that he deems appropriate according to the circumstances, and notify the contractor and the copying owner accordingly. Before the unit price or cost is not agreed or determined, the supervising engineer may determine the tentative unit price or fee to issue a payment certificate in accordance with 60.

However, the unit price or cost included in the daily work rate table shall not be changed. At the same time, the unit price or the cost of any other items in the bill of quantities shall not be changed unless the value of such items is calculated separately. 5% of the contract price listed in the bid winning notice, and the actual construction quantity under the item is more than or less than 25% of the engineering quantity in the original quotation.

At the same time, if there is no change engineer instruction issued by the supervising engineer in accordance with paragraph 51, then No. 52.1 is required.

Or this section is valued, unless within 14 days of the issuance of such instructions, before the commencement of the alteration works:

The contractor shall notify the supervising engineer of his intention to request additional payment or adjust the unit price or fee, or the supervisory engineer shall inform the contractor of his intention to change the unit price or cost.

Any of the above agreements for determining or determining the unit price or cost shall include the foreign currency and its proportion.

52.3 more than 15% change

If the entire project handover certificate is issued, it is found that:

All alterations to the price specified in 52.1 and 52.2; and all adjustments to the calculation of the estimates provided in the bill of quantities, excluding all provisional amounts, calculation of work costs and price adjustments in accordance with paragraph 7O.

Rather than for any other reason, when the increase or decrease in the contract price exceeds 15% of the “effective contract price”, the supervising engineer shall, after consulting with the contractor and the owner, consider any steps taken in accordance with this paragraph. Then, reduce the contract price or increase the amount negotiated between the supervising engineer and the contractor. If no agreement can be reached, the supervising engineer will consider the contractor's site cost and total management fee to determine the amount. The supervising engineer shall notify the contractor and copy the owner's decision made in accordance with this section. This amount should be based only on an increase or decrease of more than 15% of the effective contract price.

Any adjustment or determination of any of the above amounts shall take due account of any foreign currency in the effective contract price and its proportion.

52.4 Daily labor

If the supervision engineer deems it necessary or desirable. It is possible to instruct any change project to be constructed on a daily basis. For such work, the contractor’s fees shall be paid in accordance with the items specified in the daily work schedule included in the contract and the unit price and fees set by the per-person in the bid.

承包人應向監理工程師提交有關收據或其他憑證,證實已付出的款項,並在訂購材料之前,向監理工程師呈交訂貨報價單,以供批准。

對所有按計日工作制施工的工程,承包人應在上述工作持續進行的過程中,每天向監理工程師呈交一式兩份確切的清單,其中開列受僱從事該項工作的所有工人的姓名,工種及工時以及一式兩份的報表,其中寫明該項工作所用的材料,所用承包人的設備的種類和數量如果清單和報表中內容正確或經同意後,監理工程師將在其上籤字並將清單和各一份退還給承包人。

每個月末,承包人應向監理工程師送交一份除上述以外的所用勞務、材料、承包人設備的標價的報表。如承包人未能將此類清單與報表並列齊全,準時提交,則承包人無權獲得任何付款。但是如監理工程師認為按上述規定,承包人的清單或報表的呈報由於任何原因而實際無法做到,則監理工程師仍然有權核准此等工作付款,該項付款或按計日工計算或按監理工程師認為公平合理的該項工程的價值計算。

索賠程式

53.1索賠通知

儘管契約另有規定,如果承包人根據契約條件或其他檔案索取任何追加付款時,應在索賠事件首次發生後的28天內將其索賠意向通知監理工程師並抄報業主。

53.2同期記錄

一旦發生53.1款規定的情況,承包人應保存該事件的同期記錄,這對於他以後希望提出索賠而支持其索賠理由可能是相當必要的,在不必承認業主責任的情況下,監理工程師在接到53.1款中規定的通知後,應檢查這些同期記錄並指示承包人繼續保留記錄。承包人應允許監理工程師查閱據本條規定承包人保持的所有有關資料並根據監理工程師的指令向其提供複印件。

53.3索賠的證明

在發出53.1款規定的通知後的28天內或監理工程師同意的合理時間內,承包人應送交監理工程師一份帶有對索賠數額的詳細說明和證實材料的帳單。在影響索賠的因素不斷發生的情況下,這一帳單應看成臨時帳單,承包人應按監理工程師合理要求的時間間隔,以臨時帳單的形式,送交監理工程師上述有關的證實材料及累加索賠款額,並在這種影響因素全部給束後28天內送交同樣內容的最後索賠帳單。承包人根據監理工程師的要求向業主提供所有按本條送交監理工程師的帳單的複製件。

53.4未能遵守

如果承包人未按本條的規定要求索賠,則承包人最多只能得到監理工程師或按67.3款規定委任的仲裁人員,根據同期記錄決定的款額。

53.5索賠的支付

只要承包人已提供足夠的證據,使監理工程師與承包人和業主協商後,能夠確定此款額,則承包人有權獲得包括該索賠款額在內的根據60款規定由監理工程師證明的任何臨時付款。

如果承包人所提供的材料只能部分滿足索賠要求,監理工程師只證明有關部分的索賠。監理工程師的任何有關本條的決定應送承包人並抄報業主。

承包人的設備、臨時工程與材料

54.1工程專用的承包人設備、臨時工程及材料

一切承包人的設備、由承包人提供的臨時工程和材料,在運至工地後,即被視為專門供該工程施工使用,承包人除將上述物品在工地之間轉移外,若無監理工程師同意,不應將上述物品或其一部分移往他處。這些規定不包括運輸任何人員、勞務、承包人設備、臨時工程、工程設備及材料進出工地的車輛。

54.2業主不對損壞負責

除第20款和65款提及者外,業主無論何時均不對任何上述承包人的設備、臨時工程或材料的損失或損壞承擔責任。

54.3結關

當承包人提出要求時,業主應盡力協助辦理好工程所需的有關承包人的設備、材料和其他物品的海關結關手續。

54.4承包人設備的再出口

當承包人將其為工程施工進口的任問承包人設備按契約規定搬離再出口時,在承包人提出要求時,業主應協助承包人取得任何必要的政府許可。

54.5承包人設備的租用條件

根據63款規定,發生契約終止時,為保證能繼續使用為工程施工目的而租賃的承包人設備,承包人不得將任何租用的承包人設備帶至現場,除非有一租用此類設備的協定,該協定包括一項規定:即在上述終止生效後7天內,業主以書面形式通知所有人後,除據63款規定業主有權授權其他承包人完成施工和維修缺陷外,所有人應將這些設備,按承包人與所有人簽訂的協定條件,租賃給業主,繼續為工程施工使用,並由業主支付費用。

54.6用於第63款的費用

如果業主按54.5款規定與設備所有人簽訂租賃協定,則業主按這一協定支付的所有費用,應認為是根據63款完成工程,維修工程缺陷所支付的部分費用。

54.7編入分包契約的條款

當承包人將任何部分工程的施工分包時,在分包契約中,應加入與本款相同的分包人帶入工地的有關承包人設備、臨時工程及材料的條款。

54.8不意味對材料批准

本款的執行不意味監理工程師對其中所涉及的材料或其他事情的批准,也不應妨礙任何時候監理工程師拒絕採用任何這類材料。

計量55.1工程量

工程量清單中開列的工程量,是該工程的估算工程量,它們不能作為承包人簡行契約規定義務過程中應予完成的工程的實際的和準確的工程量。,56.1應計量的工程

除另有說明外,監理工程師應根據契約通過計量來核實並確定工程的價值,並按60款規定支付給承包人。當監理工程師要求對工程的某一或幾部分進行計量時,他應合理通知承包人委派的代理人,該人應:

立即參加或派出合格的代表前往協助監理工程師從事上述計量工作,並提供監理工程師所需的一切詳細資訊。

如承包人不參加,或由於疏忽遺忘而未派上述代理人前往,則由監理工程師進行的或由他批准的計量應認為是對這一部分工程的正確計量。為了對需要採用記錄和圖紙計量的永久性工程進行計量,監理工程師應準備該工程的記錄和圖紙,而當承包人被書面要求進行該項工作時,應在14天內參加審查,並就此類記錄和圖紙和監理工程師達成一致,在雙方取得一致後,在上述檔案上籤字。如果承包人不出席進行有關圖紙和記錄的審查與承認時,應認為這些記錄和圖紙是正確無誤的。在對上述記錄和圖紙進行審查以後如果承包人對該圖紙,記錄不予同意,或不簽字表示同意則這些圖紙與記錄仍被從為是正確的,除非承包人在上述審查後14天內向以理工程師書面由辯,申明承包人認為上述記錄和圖紙中不正確的各個方面,以求監理工程師作決定,在接到通知後,監理工程師應審核並確認或變更這些記錄和圖紙。

57.1計量方法

無論一般當地的習慣如何,工程的計量應以淨值為準,除非契約中另有規定。

57.2包乾項目明細表

為提交根據60.1款規定的報表,承包人應在收到中標通知書的28天內,向監理工程師提交包含在標書中每一包乾項目的明細表,該明細表應得到業主或監理工程師的批准。

暫定金額58.1“暫定金額”的定義

“暫定金額”是契約中包含的一項款額,在工程量清單中以該名義列出,供工程任何部分的施工或貨物、材料、工程設備或服務的供應,或供不可預見費之用,這項金額可按監理工程師的指示全部或部分地使用或根本不予動用。承包人只有權得到包括本款規定由監理工程師決定的與上述暫定金額有關的工程、供應或不可預見的費用額。監理工程師應將據本條作出的任何決定通知承包人並抄報業主。

58.2暫定金額的使用

對於每一項暫定金額,監理工程師有權發出指令由下列人員把這種金額用於工程施工,提供貨物、材料、設備或服務:

承包人有權得到根據第52款規定決定的與上述相應價值的金額。

由下文中定義的指定分包人。為此而應付給承包人的金額應根據第59.4款確定並支付。

58.3憑證等的出示除了是按投標書列出單價或價格作價的以外,承包人應向監理工程師出示有關暫定金額支出的所有報價單、發票、憑證、帳單與收據等。

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