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:
One copy of construction contract signed by the client and the contractor.
A list of the priced projects and their descriptions jointly confirmed by the client and the contractor.
One set of contract drawings and related standard drawings and instructions.
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.
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
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
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
Unless otherwise specified in the particular conditions of contract, the supervision basis for this project is as follows:
Applicable laws, administrative regulations and regulations:
Engineering-related specifications, standards, and procedures;
Relevant documents in the early stage of the project:
Engineering survey documents, design documents and other documents;
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;
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.
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;
Familiar with contract documents and investigate construction environmental conditions;
Presided over the preparation of the supervision plan within the period stipulated in the contract;
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);