建議選擇與修改部分

(3) 於履約過程中，如因可歸責於廠商事由，而有施工查核結果列為 丙等、發生重大勞安或環保事故之情形，機關得將估驗計價保留 款提高為原規定之 2 倍。

5. 廠商履約有下列情形之一者，機關得暫停給付估驗計價款至情形消 滅為止：

(1) 履約之契約服務水準因可歸責於廠商之事由，連續兩個月未達到 契約設定之要求。

(2) 履約有瑕疵經書面通知改正而逾期未改正者。

(3) 未履行契約應辦事項，經通知仍延不履行者。

(4) 廠商履約人員不適任，經通知更換仍延不辦理者。

(5) 廠商有施工品質不良或其他違反公共工程施工品質管理作業要點 之情事者。

(6) 其他違反法令或違約情形。

4.3.2 建議選擇與修改部分

(c)For Improvement Works, unit prices, using the prices included in the Bill of Quantities.

(d)For Emergency Works, unit prices, using the prices included in the Bill of Quantities.

44.3 The Contractor shall be deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations under the Contract.

46. Bill of Quantities

46.1 The Bill of Quantities shall contain items for Groups of Activities which include the provision of Services (measured by performance standards) and Works (measured by unit of outputs or of products).

The Bill of Quantities for Works shall include, where applicable, the lump-sum and unit price for Initial Rehabilitation Works, and unit rates for Improvement Works and for Emergency Works.

46.2 Maintenance Services shall be measured and billed separately and will be remunerated by lump-sum amount for the period of the contract paid in fixed monthly payments during the entire Contract period. The values for remuneration of the Maintenance Services are those stated in the Bill of Quantities [22].

46.3 Initial Rehabilitation Works will be remunerated by Lump-Sum amount for the period of the contract, however, indicating the quantities of measurable outputs to be executed in order that the Road achieves the performance standards specified in the bidding documents. Payments will be made in accordance with the execution of those measured outputs paid by executed works output. The prices shall be those stated in the Bill of Quantities.

46.4 Improvement Works will be remunerated after acceptance by the

Employer and shall be paid according to the product unit price using

the prices included in the Bill of Quantities.

46.5 Each Emergency Work Order issued by the Project Manager will include a lump-sum price for the works to be performed. The Lump-Sum price for the Emergency Works will be submitted by the Contractor to the Project Manager in each emergency pursuant to GCC Clauses 29 and 61 and will be prepared based on the Technical Specifications and on the unit prices included in the Bill of Quantities for Emergency Works, and will remunerate all Emergency Activities.

The prices include compliance with all Performance Indices described in the Technical Specifications. Once approved, Emergency Works will be paid as lump sum in accordance with the schedule of payment proposed by the Contractor for the specific Emergency and approved by the Employer.

46.6 The Bill of Quantities is used to calculate the Contract Price. The amounts for Maintenance Services and Initial Rehabilitation Works are the Lump-Sum prices offered in the Contractor’s Bid. The Improvement Works amount included in the Contract is an estimate on the basis of the unit prices included in the Contractor’s Bid. The Provisional Sum included in the Contract Price is an estimate for use when authorized by the Employer for Emergency Works and Contingencies [22].

2.阿根廷經驗

The Kilometer/Month Contract

The Contractor is paid on a monthly basis for specified services

provided either to the road users or to the Road Agency, and only when the

quality outputs comply with the technical specifications included in the

contract. If the quality outputs, for any specific activity, are not in

compliance with the prescribed requirements, penalties are applied on a

daily basis and subtracted from the forthcoming payments, until the necessary repairs are carried out.The contract comprises three main items or components (3), namely:

(i) Maintenance Works.

(ii) Site Installation; and (iii) Emergency Works.

Maintenance Works are paid on a lump sum basis in terms of US$/month/km of roads maintained. Site installation is also paid on a fixed-price basis, at a rate of one-third at the completion of site camp installation and two-thirds when all the equipment and personnel necessary for the works are mobilized on site. Emergency works, i.e., items or services not included in the first component, are paid on the basis of unit prices and quantities related to any additional transport, equipment, or tons of asphalt concrete which may need to be supplied and placed for unexpected extensive repair[30].

(二)說明

成效式合約之養護工作合約金額應包括總價、項目單價及每月價 金按月結算三部分。

1.新建/整建/修復道路工程部分為契約價金總額結算。

2.緊急性或臨時性工作部分依實際施作或供應之項目及數量結算。

3.經常性道路維護部分依契約每月價金按月結算。

(三)建議選擇：

第 3 條 契約價金之給付：部分依契約價金總額結算，部分依實際

施作或供應之項目及數量結算。屬於依契約價金總額結算之部分，因

契約變更致履約標的項目或數量有增減時，就變更部分予以加減價結

算。屬於依實際施作或供應之項目及數量結算之部分，以契約中所列 履約標的項目及單價，依完成履約實際供應之項目及數量給付。若有 相關項目如稅捐、利潤或管理費等另列一式計價者，應依結算總價與 契約價金總額比例增減之。但契約已訂明不適用比例增減條件者，不 在此限。

二、折減付款(減價收受)/停止估驗

(一)世界銀行推行成效式合約範本原條文或國外經驗：

1.世界銀行推行成效式合約範本原條文

51.4 Reduction of monthly payments for Maintenance Services due to non compliance with the Service Quality Levels will be made as indicated in GCC Sub-Clause 47.1. The amount of Reduction for the days in which the Road was not complying with the Performance Standards will not be paid, even after the Contractor re-establishes the quality levels to the standard[22]s.

(二)說明

合約期限內由廠商負責進行必要性的維護，合約結束前應確認維 護項目的堪用性與品質，若與移轉條件有落差，應透過減價收受的方 式處理；保留停止估驗之機制，並與查罰機制相互配合，以做為誘使 廠商之約執行工作之方式。

(三)建議選擇

第 4 條 契約價金之調整

採減價收受者，按不符項目標的之契約價金＿＿ % 或＿＿倍 ( 由機

關視需要於招標時載明 ) 減價，並處以減價金額＿＿ % 或＿＿倍 ( 由機

關視需要於招標時載明 ) 之違約金。但其屬尺寸不符規定者，減價金額

得就尺寸差異部分按契約價金比例計算之；屬工料不符規定者，減價 金額得按工料差額計算之。

(四)建議修改：

第 5 條 價金之給付條件： 5. 廠商履約有下列情形之一者，機關得暫停給 付估驗計價款至情形消滅為止：

(1) 履約之服務水準因可歸責於廠商之是由，連續兩個月未達到合 約設定之要求。

三、物價調整

(一)世界銀行推行成效式合約範本原條文或國外經驗：

1.世界銀行推行成效式合約範本原條文

63.2.4. The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If such rates and prices are inequitable, the parties thereto shall agree on specific rates for the valuation of the Change [22].

63.2.5 If before or during the preparation of the Change Proposal it becomes apparent that the aggregate effect of compliance therewith, and with all other Change Orders that have already become binding upon the Contractor under this GCC Clause 63, would be to increase or decrease the Contract Price as originally set forth in the Contract Agreement by more than fifteen percent (15%), the Contractor may give a written notice of objection thereto prior to furnishing the Change Proposal as aforesaid. If the Employer accepts the Contractor’s objection, the Employer shall withdraw the proposed Change and shall notify the Contractor in writing thereof.

The Contractor’s failure to so object shall neither affect its right to

object to any subsequent requested Changes or Change Orders herein, nor

affect its right to take into account, when making such subsequent objection, the percentage increase or decrease in the Contract Price that any Change not objected to by the Contractor represents[22].

(二)說明

應給予廠商必要的物價調整，使廠商有固定利潤，能夠不會減少 對於資產維護的投入。

(三)建議選擇

第 6 條 物價指數調整：選項Ａ：依□行政院主計處，發布之「營造工 程物價總指數」漲跌幅調整：工程進行期間，如遇物價波動時

，就總指數漲跌幅超過 0% 之部分，於估驗完成後調整工程款。

在文檔中 中 華 大 學 (頁 111-117)