国际土木工程建筑承包合同(3)

2019-03-28 12:18

rates and prices stated in the priced Bill of Quantities and the Schedule of Rates and Prices,if any,which Tender rates and prices shall,except insofar as it is otherwise provided in the Contract,cover all his obligations under the Contract and all matters and things necessary for the proper execution and maintenance of the Works.if,however,during the execution of the Works the Contractor shall encounter physical conditions,other than climatic conditions on the Site,or artificial obstructions,which conditions or obstructions could,in his opinion,not have been reasonably foreseen by an experienced contractor,the Contractor shall forthwith give written notice thereof to the Engineer's Representative and if,in the opinion of the Engineer,such conditions or artificial obstructions could not have been reasonably foreseen by an experienced contractor,then the Engineer shall certify and the Employer shall pay the additional cost to which the Contractor shallhave been put by reason of such conditions,including the proper and reasonable cost.

12.承包人得被视为在投标前已对其工程标书,对标价的建筑工程清单、单价和价格表(如果有)上所列的单价和价格的正确性和完善性感到满意,此种投标价格必须贯穿其所有的合同义务,适用于所有为工程的正常施工和维护所必需的事物,除非本合同另有规定。然而,在施工期间,如承包人遇到除工地气候之外的其他自然情况或人为阻碍,依他所见,此种自然情况或人为阻碍是经验丰富的承包人也无法预见的,承包人必须立即书面通知工程师代表,如工程师确认此种情况或人为阻碍为经验丰富的承包人无法合理预见,工程师必须作证且业主支付承包人由于此种情况而承担的额外费用,包括因遇到此种情况或阻碍而:

(a)of complying with any instruction which the Engineer may issue to the Contractor in connection therewith,and

(1)为执行工程师可能向承包人发出的与此情况有关的任何指示而发生的正当合理的费用,以及

(b)of any proper and reasonable measures approved by the Engineer which the Contractor may take in the absence of specific instructions from the Engineer.as a result of such conditions or obstructions being encountered.

(2)在无工程师具体指示时,承包人可能采取业经工程师认可的恰当和合理措施而发生的正当合理费用。

13.Save insofar as it is legally or physically impossible,the Contractor shall execute and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with and adhere strictly to the Engineer's instructions and directions on any matter whether mentioned in the Contract or not,touching or concerning the Works.The Contractor shall take instructions and directions only from the Engineer or,subject to the limitations referred to in Clause 2 hereof,from the Engineer's Representative.

13.除因法律或自然因素而不能之外,承包人必须严格按合同规定施工和维护工程,使工程师感到满意,且必须遵守和严格执行工程师有关任何事项的指令和指示,不管合同中是否有规定,提及或涉及到工程,承包人只能从工程师处接受指令和指示,或根据本合同第2条规定,接受工程师代表的指令和指示。

14.(1)Within the time stated in Part 11 of these Conditions,the Contractor shall,after the acceptance of his Tender,submit to the Engineer for his approval a program showing the order of procedure in which he proposes to carry out the Works.The Contractor shall,whenever required by the Engineer or Engineers’Representative,also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works.

14.1中标后,承包人得在第二部分条款规定的时间内向工程师提交一份其计划施工的程序方案,以征得工程师的认可。承包人还得随时应工程师或其代表的要求,提供一份承包人的施工计划安排和方法的说明书,以供其参考。

(2)If at any time it should appear to the Engineer that the actual progress of the Works does not conform to the approved program referred to in sub-clause(1)of this Clause,the Contractorshall produce,at the request of the Engineer,a revised program showing the modifications to the approved program necessary to ensure completion of the Works within the time for

completion asdefined in Clause 48 hereof.

14.2不论何时,只要工程师发现工程实际进度与本条第1款规定的业经认可的方案不符,承包人必须应工程师的要求,提供一份修改方案,对原有的方案作必要的修正,以保证工程能在本合同第48条规定的期限内完工。

(3)The submission to and approval by the Engineer or Engineer's Representative of such programs of the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract.

14.3承包人不得因向工程师或工程师代表提交或经其认可此种方案或因提供此种细节,而被免除任何合同责任或义务。

15.The Contractor shall give or provide all necessary super- intendance during the execution of the Works and as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor's obligations under the Contract.The Contractor,or a competent and authorized agent or representative approved of in writing by the Engineer,which approval may at any time be withdrawn,is to be constantly on the Works and shall give his whole time to the super-intendance of the same.If such approval shall be withdrawn by the Engineer,the Contractor shall,as soon as is practicable,having regard to the requirement of replacing him as hereinafter mentioned,after receiving written noticeof suchwithdrawal,remove the agent from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another agent approved by the Engineer.Such authorized agent or representative shall receive,on behalf ofthe Contractor,directions and instructions from the Engineer or, subject to the limitations of Clause 2 hereof,the Engineer's Representative.

15.在施工期间,以及其后在工程师认为是为正常履行合同义务而必需时,承包人必须行使一切监督权。承包人,或其经工程师书面认可的全权代理人或代表(此种认可可随时撤销)应当随时在工地,一直进行监督管理。如工程师撤销对代理人的认可,在接到书面撤销通知后,承包人必须尽快根据撤换规定,将其撤离工地,且今后不得再在工地上以任何身份雇佣他(她),且用另外一位经工程师认可的代理

人予以替代。此种授权代理人或代表得代表承包人接受工程师的指令和指示,或按本合同第2条规定,接受工程师代表的指令和指示。

16.(1)The Contractor shall provide and employ on the Site in connection with the execution and maintenance of the Works.

16.1承包人必须在工地上提供和雇用与施工和工程维护有关的:

(a) only such technical assistants as are skilled and experienced in their respective callings and such sub-agents,foremen and leading hands as are competent to give proper supervision to the work they are required to supervise,and

(1)对本专业熟悉和经验丰富的技术人员,能胜任规定监管工作的分代理人、工头和领班,以及

(b)such skilled,semi-skilled and unskilled labor as is necessary for the proper and timely execution and maintenance of the Works. (2)为正常和及时施工和维护工程所需的熟练、半熟练和非熟练工人。

(2)The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person employed by the Contractor in or about the execution ormaintenance of the Works who,in the opinion of the Engineer,misconducts himself,or is incompetent or negligent in the proper performance of his duties,or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Engineer.Any person so removed from the Works shall be replaced as soon as possible by a competent substitute approved by the Engineer.

16.2如工程师认为承包人雇来进行或有关施工或工程维护的任何人员行为不轨、或不能或疏于履行其职责、或认为其雇佣纯属不必要,工程师有权反对雇佣,并要求承包人立即将其从工地解雇,未经工程师的书面同意,此种人员不得再被雇用到工地。凡被从工地解雇人员的职位应尽快由工程师认可的称职人选接替。

17.The Contractor shall be responsible for the true and proper setting-out of the Works in relation to original points,lines and levels of reference

given by the Engineer in writing and for the correctness,subject as above mentioned,of the position,levels,dimensions and alignment of all parts of the Works and for the provision of all necessary instruments,appliances and labor in connection therewith.If,at any time during the progress of the Works,any error shall appear or arise in the position,levels,dimensions or alignment of any part of the Works,the Contractor, on being required so to do by the Engineer or the Engineer's Representative,shall,at his own cost,rectify such error to the satisfaction of the Engineer or the Engineer's Representative,unless such error is based on incorrect data supplied in writing by the Engineer or the Engineer's Representative,in which case the expense of rectifying the same shall be borne by the Employer. The checking of any setting-out or of any line or level by the Engineer or the Engineer's Representative shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails,pegs and other things used in setting-out the Works.

17.承包人负责按工程师提交的书面参考原图的有关点、线和面的规定,忠实恰当地进行测定放线,如上所述,使工程的位置、水平、面积正确无误,并校准工程的各部分,且负责提供与工程相关的所有必要工具、设备和劳力。在施工中,如任何时候在工程的位置、水平、面积或工程任何部分的校正出现差错,应工程师或工程师代表的要求,承包人必须改正错误以使工程师或工程师代表满意,改正费用由承包人自己承担,此种错误是由工程师或工程师代表提供的书面资料差错而导致的除外,在这种情况下,须由业主承担改正费用。承包人不得因工程师或工程师代表对任何位置测定或任何线或任何水平面的检查而免去确保其正确无误的责任,承包人必须仔细保护和保存工程位置测定中使用过的水准点、观测杆、测标及其他物品。 18.If,at any time during the execution of the Works,the Engineer shall require the Contractor to make bore holes or to carry out exploratory excavation,such requirement shall be ordered in writing and shall be deemed to be an addition ordered under the provisions of Clause 51 hereof,unless a provisional sum in respect of such anticipated work shall have been included


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