The supervisor shall provide supervision documents to the client within a reasonable period of time in accordance with the current standards, specifications, and regulations of the state and the highway industry, the Construction Supervision of Highway Engineering and the construction contract. Where the contract stipulate the supervision documents shall be approved by the client, the client shall approve or propose amendments within the time limit stipulated in the contract.
Unless otherwise specified in the particular conditions of contract, the client shall provide the following documents and materials to the supervisor free of charge within 7 days after the supervision contract takes effect and obtains relevant documents and materials:
(1)委托人与承包人签订的施工承包合同1份。
One copy of construction contract signed by the client and the contractor.
(2)委托人与承包人共同确认的己标价的工程数量清单及其说明1份。
A list of the priced projects and their descriptions jointly confirmed by the client and the contractor.
(3)合同图纸和相关的标准图纸及说明1套。
One set of contract drawings and related standard drawings and instructions.
(4)合同指定使用的技术规范、检验评定标准、操作规程1套。
One set of technical specifications, inspection / evaluation standards, and operating procedures specified in the contract.
(5)其他相关资料。 Other relevant materials.
由于委托人未按时提供文件造成监理服务期限延误的,按第6.2款约定执行。
If delay of the time limit for the supervision service due to the client's failure to provide the documents on time, it shall be implemented in accordance with Article 6.2.
Except as otherwise provided in the particular conditions of contract, any party shall not transfer all or part of the contractual rights to a third party or transfer all or part of its contractual obligations without the consent of the other party.
The supervisor shall not subcontract any part of the supervision service, however if due to the needs of supervision services, the supervisors' employment of professional technicians and auxiliary workers is not a subcontract.
Unless otherwise specified in the particular conditions of contract, the supervisor is entitled to publish materials related to the project or the project supervision services. However, the client's patents, know-how and economic information may not be involved in the above publications without the client's consent.
Without the written consent of the client, the supervisor shall not obtain any interests related to the project other than the same stipulated in the supervision contract, and shall not participate in any activities that conflict with the interests of the client stipulated in the supervision contract.
The client provides the supervisor with relevant conditions for entering the site at the project site, and solves the accident of the non-supervisor due to the removal of the supervisory staff and related matters; and avoid third party charges (excluding taxes) caused by the supervisor providing supervision services under the supervision contract.
2.8 授权通知 Authorization notice
委托人必须将履行监理服务的监理人及委托人授予监理人的权力,及时用书面形式通知第三方。
The client should timely give third parties the notification in writing of the power to supervise the supervisory service and notify the third party in writing in a timely manner.
2.9 委托人指令的下达 Issuance of client's instructions
委托人在本合同约定的服务范围内对承包人的任何意见或要求,应通过监理人向承包人提出。
Any opinion or request from the client to the contractor within the scope of service stated in this contract shall be submitted to the contractor through the supervisor.
Subject to the premise that the supervisor does not violate the relevant laws and regulations, the client shall indemnify the supervisor against external claims or interference caused by the performance of this supervision contract.
The client should make promptly the written reply to the requests issued by the supervisor on the construction period, quality, investment, contract, and safety of the project. The time limit for the written reply to the above request shall not exceed 7 days from the date of receiving the written request, and shall not exceed 28 days for major issues. If, failure to respond within the time limit shall be deemed to have been obtained from the client.
The performance bond is effective from the date of the contract becoming effective. After the issuance of the contract work delivery certificate, the supervisor shall submit a guarantee letter for the defect liability period to the client in the amount specified in the particular conditions of contract in the format required by the client. The client shall return the performance bond to the supervisor within 7 days after receiving the guarantee for the defect liability period submitted by the supervisor. Within 14 days after the issuance of the certificate of termination of the liability for engineering defects, the client shall return the guarantee for the term of defect to the supervisor.
If the supervisor fails to perform the obligations stipulated in the contract or its performance does not comply with the contract, the client has the right to deduct a corresponding amount of performance bond or defect liability period guarantee, however it can not affect other amounts that the supervisor should receive under the supervision contract payment.
Phase scope refers to one or more of the construction preparation phase, construction phase, acceptance and defect liability phase phases in the highway engineering construction process, and the specific scope is stipulated in the particular conditions of contract.
第 5.2 款细化为: Article 5.2 is detailed as:
5.2 监理依据 Supervision basis
除项目专用合同条款另有约定外,本工程的监理依据如下 :
Unless otherwise specified in the particular conditions of contract, the supervision basis for this project is as follows:
(1)适用的法律、行政法规及部门规章:
Applicable laws, administrative regulations and regulations:
(2) 与工程有关的规范、标准、规程;
Engineering-related specifications, standards, and procedures;
(3)工程前期有关文件:
Relevant documents in the early stage of the project:
(4)工程勘察文件、设计文件及其他文件;
Engineering survey documents, design documents and other documents;
(5)本工程监理的委托合同及补充合同:
The entrustment contract and supplementary contract of the project supervision:
(6)委托人签订的施工承包合同; Construction contract signed by the client;
(7)合同履行中与监理服务有关的来往函件:
Correspondences related to supervision services during contract performance:
Supervisors shall carry out supervision services in accordance with the Code for Construction Supervision of Highway Engineering and related laws and regulations. The client should choose the method of setting up the supervision institution in accordance with the requirements of the Code for Construction Supervision of Highway Engineering, and agree on the particular conditions of contract. Supervision services at each stage include however are not limited to the following, and the client can adjust the asme in the particular conditions of contract in accordance with the actual conditions of the project.
5.3.1 在工程同时设置总监办和驻地办时,总监办的监理服务内容为;
When chief engineer office and a resident office established at the same time, the supervision service content of the chief office are:
The site laboratory of the chief engineer office shall be equipped with conventional test and inspection equipment in accordance with the requirements of the supervision contract, and shall meet the inspection items and frequency requirements stipulated in the particular conditions of contract;
(2) 熟悉合同文件,调查施工环境条件;
Familiar with contract documents and investigate construction environmental conditions;
(3) 在合同约定的期限内主持编制监理计划;
Presided over the preparation of the supervision plan within the period stipulated in the contract;
(4) 审批各驻地办主持编制的监理细则;
Examine and approve the supervision rules prepared by the resident offices;
Examine and approve the construction organization design, within the time limit stipulated in the contract, submitted by the contractor (including safety technical measures, emergency rescue plan, special construction plan and construction environmental protection measures);