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8-3(在线教育)
8-4(商易宝会员)
8-5(广告合作)
(非工作时间)
今日已有名设计师申请开店岩土工程勘察合同招标文件（中英文&中部分）
The Employer shall protect the Form of Tender, investigation
methods, reports, documents, drawings, data, special techniques
(methods), proprietary technologies and improvement
recommendations. The Employer shall not without the agreement of
the Investigator copy, reveal, amend unilaterally, pass or assign
to a third party or use in other projects. If such situations
occur, the Employer shall bear legal responsibility and the
Investigator shall have the right to claim.
Other responsibilities to be borne by the Employer as provided in
the Contract or the
supplementary contract.
Obligations of the Investigator
The Investigator shall according to national technical
specifications, standards, rules, and
requirement of the task assignment and technical requirements,
within the time limit specified in the Contract, submit the
investigation results with quality of up to standard and be
responsible for them.
3.5.2.2 In
case the quality of the investigation results are not up to
standard, the Investigator shall supplement and improve at his own
costs to reach the required quality standard. In case the
investigator is unable to supplement or improve and tasks shall be
performed by others, the Investigator shall be responsible for all
the investigation costs. In case major economic loss or casualties
are caused by the quality of the investigation, not only the
Investigator shall bear the legal liability, but also the
investigation fees for the relevant part shall not be payable by
the Employer, and the Investigator shall pay the Employer
compensation which is agreed by the parties to be ______% of the
actual loss incurred.
Submit the outline investigation tasks or method statements before
commencement of investigation, assign personnel to work with the
Employer’s personnel to receive the materials provided by the
During the investigation and according to the rock and soil
conditions (or the topology, ground conditions, water and soil
conditions of the site) and the requirements of the technical
specification, make recommendations to the Employer the amendments
to the quantities or to the methods of investigations, and carry
out formal variation formalities.
The personnel working on site has to follow strictly the client and
the employer safety, security and other related regulation, and to
enforce the confidentiality.
Other responsibilities to be borne by the Investigator as provided
in the Contract or the supplementary contract.
Breach of Contract
case the stop, idle or unnecessary entry and exit of site are
caused by the Employer’s failure to provide necessary working and
living conditions, not only the Employer shall pay the Investigator
cost of stop and idle (the amount shall base on the average daily
work value of the total Contract Sum), extension of time shall be
given, but also the Employer shall pay the Investigator the cost of
multiple entries and exits of site and that of
dispatching.
case the investigation results do not meet the required standard or
the technical requirements due to the Investigator’s reason, the
cost of re-investigation shall be borne by the
Investigator.
During the cause of contract performance, in case of the contract
termination because of project suspension or the Employer requests
to terminate, where the investigation work has not been commenced,
the advance payment paid by the Employer s
where the investigation work has been commenced, if the work
completed is less than 50%, the Employer shall pay the Investigator
50% of the Contract Sum, i.e. RMB_____; if the work completed is
more than 50%, the Employer shall pay the Investigator 100% of the
Contract Sum.
case the Employer fails to pay the investigation cost on the time
(date) prescribed by the Contract, he shall pay 0.1% of outstanding
amount per day as liquidated damage.
case the Investigator fails to submit the investigation results due
to his own reasons, 0.1% of the Contract Sum per day shall be
deducted from the Contract Sum.
After signing of this Contract, in case the Employer does not
perform the contract, he has no right to ask for repayment of
in case the Investigator does not perform the
contract, he shall pay the Employer twice the amount of advanced
Matters not considered in this contract shall be negotiated and
agreed by the Employer and the Investigator and be included in
supplementary agreements. The supplementary agreements have the
same legal effect with this Contract.
Disputes arisen from the performance of this Contract shall be
negotiated and settled by
parties, where the disputes could not be settled this way, they
shall be settled by the
way mentioned below:
arbitration submitted to _____ a
litigation submitted to the court.
10:This Contract is valid after the signing and stamping by the
Employer and the Investigator. It shall be submitted to the
administration department prescribed by the provincial construction
administration department. Where the Employer and the Investigator
think necessary, they may apply for certification by the industrial
and commercial administration department in the city where the
project is located. The Contract shall terminate after the Employer
and the Investigator perform the obligations prescribed in the
Contract has _________ number of duplicated copies, the Employer
shall hold ______ copies, while the Investigator _______
Employer and the Contractor agree that the following special
conditions are supplementing the general conditions of the
contract, where there are discrepancies between the special
conditions and the general conditions, the special conditions shall
4.1 Clause
1 & Project Description
name: Investigation works for New Manufacturing Facility,
Changshu, China
location: On the parcel of land within the Changshu Economic
Development Zone.
scale/ characteristics are as follow:
superstructure has an area of 22,500m2 and the site area is
approximately 117,000m2. The loading of the superstructure is
investigation work and technical requirement are hereby
supplemented as follow: The Contractor shall carry out site
investigation works and prepare analytical report.
completion of works, the Contractor shall remove all soil surplus,
sundry items and the plant from the Site and left the Site clear
within the Contract Period and subsequently left the Site and hand
over the Site to the Employer. The Employer shall coordinate
closely with the Employer’s Representative to determine the correct
location of the investigation points. Where there are obstruction
encountered, the Contractor may shift slightly the drill holes
position, however, the drilling shall not start before written
approvals are given by the Employer’s Representative.
Supplementary to site information on General Conditions:
Clause 2 & Site Information
Employer will provide 1 set of investigation plan and technical
specification for the Project. However, the Contractor shall
understand that the Employer or his representative may not be able
to provide at this stage complete and precise information, and he
shall expressly accept that the information provided by the
Employer or his representative is sufficient for the carrying of
works for this project. The Contractor shall during the
investigation process dismantle and clear all underground
obstruction encountered, including but not limited to rocks,
artificial hard objects and remaining parts of demolished
buildings. The Contractor shall carry out all necessary protection
measures against damages to the underground facilities and old
buildings protected by the government. The Contractor shall
understand that some investigation points may located within the
existing buildings on the site, the contractor shall visit the site
and make suitable allowance. If there is a need to demolish part of
the existing building or facilities, the Employer or his
representative’s written approval shall be obtained before
commencement. All demolition and repair works and their associated
costs shall be borne by the Contractor.
The Contractor confirms that he has got himself full acquainted
with the Site conditions and have complete control on the ways to
construct and arrangement of moving in and out of equipment from
Site. Claims for extension of times and loss and expenses based on
ignorance of the above will not be entertained.
Supplementary to Report on General Conditions
Contractor shall submit to the Employer 6 copies of relevant
investigation report as per
requirement of the technical specification. All such costs shall be
borne by the Contractor. Clause 4.1 and 4.2 of the General
Conditions shall not apply to this project and shall be replaced by
the following clauses:
date for commencement of work shall be the date stated in the
notice given by the Employer’s representative. In consideration of
the following Contract Sum to be paid by the Employer, the
Contractor shall carry out the investigation work and prepare
analytical report. The Contractor shall carry out and complete the
works according to the scope of work and technical specification
provided in the Contract. In addition, the Contractor shall within
50 calendar days complete all outdoor works, indoor water and soil
tests, and submit interim report (the contents to be the same as
the final report. Furthermore, the whole works shall be completed
and final report and records shall be submitted within 70 calendar
Contract Period shall start 5 calendar days after the instruction
for commencement of work is issued by the Employer’s Representative
and this shall be regarded as the date for taking over the site.
The above-mentioned Contract Period in Clause 4.1.1 shall include
time for preparation, applications for governmental approvals and
obtaining of approval documents, execution of works and preparing
documents, etc.
Employer shall pay the Contractor the sum of
Renminbi_____RMB______) and such
adjustments as per conditions of contract as consideration
for carrying out of this project
Contractor.
above Contract Sum has included all costs incurred by the
Contractor for carrying out the works and shall include the
following items:
for pipe sleeves and fee for technical works.
labour and material fluctuation, taxes, direct costs, indirect
costs and profits. The rates shall not be subjected to
adjustment.
Surveyor shall be responsible for safety of the personnel working
on and around the site within the scope of the Survey Work and
shall be responsible for any damage caused to the Client’s
Surveyor shall submit to the Client details of liability insurance
prior to the commencement of the Survey Work.
Supplementary to Expenses and Fee on General Conditions
total fee for the Site Investigation Work of this project
(hereinafter referred to as the "Site Investigation Fee") shall be
Renminbi (RMB ) which is calculated based on the “bidding price”
submitted by the Surveyor to the Client. The total fee for the
Ground Survey (hereinafter referred to as Ground Survey Fee”)
shall be Renminbi (RMB). The Site Investigation Fee and Ground
Survey Fee shall be collectively referred to as Survey
Client shall pay to the Surveyor 15% of the Site Investigation Fee
equivalent to RMB as deposit within 7 days from the effectiveness
of this Contract. Upon the performance of the Contract, the deposit
shall be used to offset the Site Investigation Fee. Within 3 days
of the receipt of an invoice from the Surveyor following the
completion of the Site Investigation Work, the Client shall pay to
the Surveyor 20% of the Site Investigation Fee equivalent to RMB .
Within 14 days of the submission of the Survey Report, the Client
shall pay 60% of the Site Investigation Fee in the amount of RMB
and 5% will be retained until satisfaction of the DLP.
Contractor shall pay and indemnify the Employer from any fees or
charges (including any local and national taxes) payable under any
laws or regulations, or any statutes, requirements or orders,
covered under legal documents or regulations, or rules and bylaws
by any local authorities or organization or governmental department
related to the Project. Such costs or charges (including any local
and national taxes) is deemed to be included in the Contract
contractor shall be responsible for all the fees or charge pre-paid
by the employers payable under any laws or regulation (e.g. raise
fee or others), such fees will be deducted from the fee the
employer payable to the contractor or to be debited to the
contractor as an outstanding amount.
Contractor shall pay for all quality inspection fees, quality
supervision fees, work permit cost, other statutory charges and all
associates costs charged by other government departments in
relation to this Project, e.g. charges for use of drainage
facilities.
Contractor shall bear all local or national enterprise income
taxes, company taxes, and any cost of obtaining permits for duely
carrying out works in the People’s Republic of China, including
(but not limited to) foreign enterprise income taxes, industrial
and commercial consolidated taxes and any local supplemental taxes
currently prevailed in the P. R. C. as well as any subsequent
revisions and new taxes imposed from time to time in the future.
The employees of the Contractors shall by themselves pay for income
taxes and all relevant taxes in relation to their salaries,
allowance and any income payable under the laws of the P. R. C. In
addition, the Contractor shall pay for the following taxes and
(business taxes, charges for maintenance and construction of city,
and supplementary taxes for education).
entry and removal of construction plant to and from the Site and
possible entries and exits to and from site as required by the
Drilling holes and in-situ tests, backfilling of the holes, and any
tests required under the technical specification.
outdoor investigation and laboratory tests as required by the
drawings and technical specification.
Cost of Surveying or acquiring the horizontal levels or national
datum control point of the
surrounding roads leading to the site.
Digging of trial pits at each drill hole location prior work
commencement in order to avoid
any utility network, otherwise the Contractor shall bear all
damages and claims resulted.
4.4.12 All
other works specified in the Bills of Quantities.
4.4.3 ()().
Works and costs related to satisfy the requirements of civilized
construction practice in &&&.
Guarantee to the Employer and provide comments in relation to the
site investigation work
Quality Inspection Unit during completion inspection.
water level and submit reports according to national standards and
the requirements of technical specifications.
the effects of earthquake to the soil liquefaction of the site and
carry out 4.4.18
associated
earthquake tests according to the national standard and the
requirements of technical specifications. Carry out soil condition
tests and submit reports/ records according to the national
standard and the requirements of technical
specifications.
refer to Clause 4 of General Condition of Contract.
contract is a firm unit rate contract based on drawings,
specification and Bills of Quantities. The contract unit rate of
this site investigation work shall not be adjusted or amended for
whatever reasons unless otherwise expressly provided in these
conditions of valuation of variations. The Contract unit rates
shall be deemed to be sufficiently reflect the requirements of
tender drawings and specification, and the tenderers are deemed to
fully understand the scope of work. Any loss due to neglect of the
tenderers will not be reimbursed. Where provisional sums are
included in the Schedule of Rates, such allowed provisional sum
shall be fully deducted from the Contract Sum, and the cost for the
related items shall be valuated based on the rates of similar items
and the actual quantities and assessed value added to the Contract
Sum. contract. The rates quoted by the Contractor in the Bills of
Quantities shall be the basis for 4.5
Payment Terms
Obligations of the
Employer and the Contractor 4.5
Obligations of the Employer
3.5.1.2 of the General Conditions shall not apply to this project,
the relevant provisions are stipulated in Clause 4.2.1 of the
Special Conditions. Clause 3.5.1.3, 3.5.1.4, 3.5.1.5, 3.5.1.7 and
3.5.1.8 of the General Conditions shall not apply to this
Obligations of the Contractor
3.5.2.2 of the General Conditions shall not apply to this project,
the relevant provisions are
stipulated
in Clause 6.4.6.2 of the Special Conditions.
4.6 Clause
6 & Breach of Contract
3.6.4, 3.6.5 and 3.6.6 of the General Conditions shall not apply to
this project and shall be replaced by the following
case the Contractor fails to complete the works and submit the
investigation report within the prescribed period, the Employer and
his representative may request the Contractor to pay Liquidated
Damages calculated in according to the period of delay at the
following rate:
no limit to the amount of Liquidated Damages. (a)
case the records/results of the investigation provided by the
Contractor do not reach the required quality standard, the
Contractor shall at his own cost supplement and improve until the
required quality standard is reached. In case the Contractor fails
to meet this provisions and requirements of the Employer or his
representative, or fails to submit the investigation technical
report in a timely manner, or should the Contractor does not make
any improvement within 5 days after the Employer or his
representative’s written notice. The Employer has the right to
terminate the contract and take over the site and employ another
contractor to continue the works and the Contractor shall
compensate any economic loss to the Employer.
case the completion of works is delayed due to the following
reasons, the Contract has
to apply for extension of time:
variations or major changes to certain quantities in the
reasons entitled to extension of time in accordance with certain
clauses in this co
majeure, and extremely unfavourable climate, i.e. earthquake of
Category 6 or below, or strong winds of category 7 or above lasting
2 days or more, or rains of more than 75mm within 24
unforeseeable shortage of labour or materials due to epidemics or
delay, disturbance or obstructions caused by the Employer, his
employees or other on site contractors employed by the
the Contractor opines that he has the right to apply for extension
of time on ground of the above reasons, he shall notify the
Engineer within 7 days after such delays. If the Engineer agrees
and opines that contract period is delayed due to the above
reasons, he shall issue notice of extension of time and grant
reasonable extension.
Where the economic losses and delays are caused by force majeure
(including riots, wars, earthquakes), both parties need not bear
the losses of the other parties, while the extension of time shall
be given accordingly.
case one party wants to terminate the Contract during the time when
the Contract is effective, he shall obtain the agreement of the
other party. If one party delays, stops or terminate the
performance of the Contract without the agreement of other party
and without decent reasons, he shall be deemed to be in breach of
contract and shall compensate all economic losses to the other
4.7 Clause
8 & Others
Definitions
Employer shall be “Arup International Consultants (Shanghai) Co
Employer’s Representative includes the Architect, Design Institute,
Engineer, Construction Supervisor and Quantity Surveyor. a.
Engineer:-Ove Arup & Partners HK Ltd or its
representative.;
Employer’s Representative/ Engineer has the right to issue
instructions to amend the quantities, qualities or characteristics
of the Contract. The Contractor shall carry out the variation works
in accordance with the Employer’s Representative/ Engineer’s
direction. Unless approvals are obtained from the Employer’s
Representative/ Engineer, the Contractor shall not change any part
of the Contract. Those variation works similar to the contract
works shall be evaluated according to the Contract rates, otherwise
variations are to be evaluated according to the reasonable rates
determined by the Employer’s Representative/ Quantity
abortive works, suspension of works are caused by the variations in
the investigation methods instructed by the Employer or his
representative, or caused by the failure of the Employer or his
representative to provide necessary conditions required for the
investigation works according to the conditions of contract, the
Contractor shall substantiate his losses and with reasonable proof
for vetting. The Employer’s Representative shall after examination
and confirmation of acceptance grant relevant extension of time and
reimburse the losses.
Contract Sum and Contract Period for this Project will not be
adjusted due to the discrepancies between the soil types anticipate
in the tender stage and the actual conditions found after
investigation, or due to the tenderer’s failure to consider
thoroughly the differences between different regions.
Changes in
the state’s policies shall not be constituted as variation, and the
Contractor shall be responsible for the cost and delays caused
Defect Liability Period
The Defect
Liability Period in this Contract shall mean the Defect Liability
Period shown in the Appendix ‘D’ to the Form of Tender. The
commencement time shall be the Completion Date of the Project as
indicated in writing by the Employer’s Representative. The
Contractor shall make good any defects found in this Defect
Liability Period.
following appendices to contract as agreed by both parties shall
form part of the Contract. The Contract and the correspondences
referred in Appendices have the same legal effect.
- Contract
Correspondences (including letter of award (if any) and
correspondences)
Conditions of Contract & standard contract for Construction Project
Site Investigation
Special Conditions of Contract
insurance required under laws, regulations and rules, and the
required insurance of indemnifying the Employer or from any
liabilities arising from the above reasons shall be borne by the
Contractor at his own cost. In addition, the Contractor shall
acquire insurance according to the following
requirements.
Contractor shall be fully responsible for the personal injuries or
deaths of his own employees.
Employer shall not be responsible for the personal injuries or
deaths of the personnel employed by the Contractor or any
subcontractors according to the Labour Law or other laws of the P.
R. C. The Contractor shall be responsible for and indemnify the
Employer from any claims, compensations, litigations, costs,
charges and expenses arising from above.
Contractor shall acquire and maintain effective Employees’
compensation insurance for personal injuries and deaths of the
personnel employed by the Contractor and their subcontractors or
the personnel employed by the subcontractors according to the
Labour Law of the P. R. C. or any laws of provisions and directions
from local governments.
Contractor shall be fully responsible for any forms of loss or
damage to the construction plant, equipments on the site, and the
damage to others or properties due to carrying out of this Project.
The Employer shall not be responsible for any relevant claims,
compensations, litigations, costs, charges and expenses.
Contractor shall insure for contractor’s all risk and third party
liability. The amount for third party liability insurance shall be
no less than RMB10,000,000 (unlimited times), while that for
contractor’s all risk insurance shall be not less than Contract Sum
plus 5%. -
insurance shall be acquired under the joint name of the Contractor,
subcontractors and the Employer. The insurances shall be effective
during the construction period and the defect liability
Discrepancies in the Contract Documents
there are discrepancies between the Special Conditions and the
General Conditions, the Special Conditions shall
there are discrepancies between the Special Conditions and Letter
of Award, the Letter of Award shall prevail.
Dispute Resolution
Contract shall have two copies, and is to be held by each party,
the Contract shall become effective upon after signing by the
parties with company chop. Matters not covered under the Contract
shall be negotiated and agreed by the parties. If the disputes
cannot be settled by negotiation, it shall be settled through
arbitration conducted by the arbitration committee recognized in
the city where the Project is located.
RMB10,000,000.0(),
5.1.1 Site
of the Works
of the works is site for the New Manufacturing Facility, Changshu
Economic Development Area, People’s Republic of China. The
boundaries of the site are shown on the drawings. Unless otherwise
specified, the Main Contractor should restrict his workers to stay
within the boundaries shown on the drawings. In case the site is
too small so that land outside the boundary is required for
carrying out the works, the Contractor shall at his own cost
provide such additional working and storage lands and facilities
including making applications to the authority.
accesses to the site shall be negotiated and agreed by the
Contractor and the Engineer, and shall comply with local
requirements. The Contractor shall be responsible for the
amendments to the size and location, etc. of the accesses to the
site according to the construction program and progress and for all
induced/ associated costs thereof.
Accept Site as Found
Contractor shall accept the Site AS FOUND on the date for
possession and at his own
clear the Site of any debris which may have been left by the
preceding occupants/contractors.
Contractor shall, before formal commencement of works, investigate
carefully the conditions of the site. In case there are any defects
or anything which may affect the works of this Project, he shall
notify in time the Employer/ Designer. In case Errors or Duplicate
works happen because the
Contractor
neglect this requirement, the Contractor shall be responsible for
any extra costs.
Contractor shall at his own cost repair to the full satisfaction of
the Employer/ Designer all
damages to
the existing building due to carrying out this Project.
Scope of Contract
under tender for this Project is the Site Investigation Works for
the New Manufacturing
of work to be carried out by the Contractor shall be described in
the Technical Specification, Conditions of Contract, and the
following:
Contractor shall perform his obligations and guarantee that the
works comply with the requirements of the specification and the
drawings, including not only the nominated or prescribed
materials and fittings, but completion of all sundry items
necessary for the whole Project. No matter whether such items,
fittings are mentioned in detail in the Contract Documents, they
shall be included in the scope of work.
Contractor is also responsible for:
relevant necessary provisional facilities such as provisional
drainage system and roads, etc. as well as the dismantling,
clearing, cleaning and leveling after completion of
providing related guarantee, user’s guide, etc. ;
&(c) according to the
requirements of the Employer, the relevant laws, regulations and
rules, etc.,
submit all
relevant documents on appropriate time, so that the Employer may,
according to the prescription of the relevant laws and authorities,
apply and obtain the necessary approvals and certificates, making
possible the commencement and completion of the works. Otherwise
such applications shall become the responsibilities to be borne by
the Contractor under this C
carrying out and completing all tests required by the Employer and
the relevant government departments or organizations, arranging the
completion testing and accepting by the relevant departments,
including provision
completion of works, (according to the requirements of the local
relevant departments) submitting completion records of
investigation reports to the Employer for his arrangement for
making good works in the defect liability period. The Main
Contractor is also responsible for: (Cont’d)
items shall not be deemed to be all inclusive. It is the
Contractor’s responsibility to investigate the site, and
scrutinized the drawings and specifications to understand
completely and satisfactorily the scope of required works. In
addition, the Contractor is responsible for matters elated to this
Project such as environmental clearing, city outlook maintenance,
traffic, mediation of nuisance from citizens, and dumping of soils,
addition, for the sake of clarity, it is provided that the scope of
work for this Project shall include the design and all works shown
or described in the Contract Documents.
Roads and Pavements The Contractor shall ensure that the roads and
pavements leading to and around the Site are kept free from
obstruction, earth, debris or rock brought about by the work on the
Site and in no way shall he cause any inconvenience or hindrance to
traffic or persons either by his own vehicles or by his workmen,
scaffolding, plant and materials. The Contractor shall be
responsible for cleaning all vehicles and plant (regardless of
ownership) before they leave the Site to ensure that no earth, mud,
debris, etc. is deposited by them on roads.
Contractor is responsible for ensuring that all vehicles
(regardless of ownership) leaving the Site are safely loaded and
sheeted to prevent any spillage or loss of materials during
5.2 Tender
and Contract
Conditions of Contract
Conditions of Contract are attached hereby in this Contract
Documents. The Contractor must acquaint himself with the conditions
of contract as neglect or failure on his part to do so will not
relieve him from the responsibility of complying with the said
conditions.
Drawings shall be those as listed in Appendix I to Conditions of
Discrepancies between Documents
signing of contract and before any procurement or construction
works, the Contractor shall check in advance the sizes shown on the
drawings and other documents, check and understand the
specifications, design information and requirements of the
Employer’s Representatives.
there are discrepancies between such documents, drawings or
specifications, the Contractor shall immediately notify the
Employer’s Representatives such discrepancies and areas to be
clarified. The Contractor shall allow at least 7 days for the
Employer’s Representatives to issue the relevant instructions. Any
claims for duplicated or abandoned works due to the Contractor’s
failure to comply with the above requirements will not be
considered. In addition, where there are discrepancies between the
standard of works, the higher standard shall prevail. The
Contractor shall be deemed to have familiarize himself with the
drawings and specifications, and shall complete the works,
according to the requirements of the specifications and others, to
the full satisfaction of the Employer’s Representatives.
Implication and Use of Specification Clauses &
otherwise stated in the specifications, the schedules of rates, all
clauses specifying materials, fittings, etc. are to be read as
implying that such materials, fittings, etc. are to be supplied and
fixed by the Contractor. In principle, the Contractor shall carry
out the works according to the contractual specifications. However,
where there are discrepancies between some provisions and those of
the laws of the People’s Republic of China, the provisions of the
laws shall prevail.
there are discrepancies between the specifications, the drawings ,
or other documents, the
standards shall be adopted. The costs for the Contractor’s comply
with this clause are deemed to have been included in the Contract
Completion Records
Contractor shall, within 7 days after the completion of works,
according to the requirements of the Engineer/ relevant government
departments, submit the completion records, investigation records,
test reports and all project documentations for this project. The
project completion data record and all other documents, all reports
and records shall comply with the filing requirements of the
government departments and the Engineer.
Construction Method Statement and Organization
Contractor shall, within 7 days after signing of contract, submit a
construction method statement for the approval of the Employer’s
Representatives/ designer.
Contractor shall also provide the information on the site
organization to the Employer’s
Representatives, showing the number and position of work
staff, site supervision staff and technical staff, as well as the
management procedure. In case there are changes to the site
organization due to arrangement of resources allocation, the
Contractor shall notify the Employer’s Representatives, and provide
them as soon as possible the revised site organization.
Program of Work
Contractor shall as soon as possible submit a practical detailed
program of work after the
Employer’s
Representatives/ the Designer/ the Engineer so require. The program
shall list in detail all phases and sequences of the works and
their required time. The Contractor shall according to the
requirements in the technical specifications show the following
dates in his program:
for the entry of plant to the site,
for drilling,
for testing,
for submission of documents required for the testing by the
government or relevant authorities (if any),
expected date for obtaining the approvals by the government or the
relevant authorities (if any),
completion date.
approval of the Contractor’s program by the Employer’s
Representative/ the Designer / the
shall not relieve the Contractor of any of his duties or
responsibilities under the contract.
Working Hours and Restrictions
Contactor shall strictly comply with the prescriptions and
requirements of the prevailing laws and those of the Employer’s
Representatives on the working hours. Any claims, on ground of not
understanding the relevant restrictions or the prescriptions of the
Employer on but not limited to construction noise and hours, will
not be accepted. The Contractor shall on his own cost be
responsible for all necessary and additional labour for
construction at night or overtime, as well as pay for all
compensation for nuisance caused, including but not limited to the
provision of artificial lights necessary for the performance of
contract during the contract period. The Contractor shall not,
without the approvals of the Employer’s Representatives, carry out
any works that are considered to be noisy by the Employer or his
representatives.
5.2.9 Site
Instructions
Contractor shall maintain an efficient organization so that all
instruction issued by the Engineer/ the Employer’s Representative
are communicated immediately to the Site.
Contractor shall take instructions only from the Employer’s
Representatives/ the Engineer or
authorized by them in writing.
Contractor shall enter all site instructions given to him or his
site agent by the authorized persons as noted above in a special
diary, recording a detailed description of such site instructions,
and shall obtain against each entry the initials of the Employer’s
Representatives or such other authorized persons on the day that
such instructions are given. the Employer’s Representatives,
Engineer, Construction Supervisor, Quantity Surveyor shall have the
right to inspect such diary at any time.
Site Agent
Contractor shall employ and keep so a qualified site agent,
approved by the Employer’s Representatives. Any instructions from
the Employer’s Representatives to him shall be deemed to have been
issued to the Contractor. The name and all detailed information of
this agent shall be submitted to the Employer’s Representative for
approval within 3 days after award of contract. The Employer’s
Representative’s prior written approval shall be sought before the
Contractor could replace this site agent. The Employer’s
Representative/ designer shall have the right to recommend the
replacement of this site agent. When the Contractor receives such
written recommendation, he shall replace such person immediately
with one or several site agents approved by the Employer’s
representatives/ designer.
Stop Work Instruction &
the whole or a part of the works do not comply with the
instructions of the Employer’s Representatives, the specifications
or the drawings, the Employer’s Representatives shall have the
right to stop the whole or a part of the works according to its
seriousness. The delay in construction period and the economic
losses such incurred shall be borne by the Contractor.
Pre-Approval
personal entering the site and all site activities including
inspection, site work or investigation etc. have to be granted with
a written approval with time limit from the client.
Labour, Materials and Workmanship
Contractor shall provide and employ on the Site the following
personnel in connection with the execution and maintenance of the
technical staff and their assistants as are skilled and experienced
in their respective callings and such supervisors, construction
managers, foremen and leading hands as are competent to give proper
supervision to the work,
skilled, semi-skilled and unskilled labour as is necessary for the
execution and maintenance of the profession or discipline. The
Employer’s Representative/ designer shall have the right to object
to the employment or to require the Contractor remove from the Work
any person employed by the Contractor whom in their opinion
misconducts himself or is incompetent in the proper performance of
his duties, and such person shall not be again employed upon the
work without the written permission of the Employer’s
Representatives.
Any person
so removed from the work shall be replaced as soon as possible by a
substitute
approved by the Architect.
About Workmen Living on Site
Contractor shall not provide permanent or provisional dormitory
facilities for his employees or allow his workmen to live on site,
except for a reasonable number of watchmen and with
from Client, nor to allow his workmen to trespass beyond the limits
of the Site without the permission of the owners. Where necessary,
the Contractor shall at his own cost provide all dormitory
facilities for his staff outside the Site.
Quality of Materials and Workmanship
materials, equipments, testing and workmanship shall reach the
standards stated in the articles of agreement and shall comply with
international good practice of construction. The Contractor shall
within 7 days after the award of contract submit to the Employer’s
Representative for approval a plan and program showing how to
control quality up to the above standard. Once the plan and program
is approved by the Employer’s Representative, the Contractor shall
carry out strictly. However, the approval by the Employer to the
plan shall not relief the Contractor of any responsibilities for
ensuring the quality of the works up to the above
standards.
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