国际工程管理实务与翻译作业与讲义

第04讲作业

实用材料翻译

英译中

The submission of the Tender of the bidder indicate, in itself, a determination and agreement: the Owner shall not bear any costs and charges incurred by the bidder under any consideration, in any event, irrespective of such costs and charges are incurred directly by the bidder or by other persons on behalf of the bidder; irrespective of when such costs and charges are incurred in the preparation or submission of the Tender, or in the negotiation with the Owner on the Conditions and Clauses in this Tender after submission of this Tender, or in the negotiation with Owner on the Conditions and Clauses in this Contract, or further negations on other matters caused by or related to the negotiation or this project.

中译英

1. 此外，业主可以在按标书规定将合同授标以前和在施工许可证签发以前，发包开挖、打桩、和其它土石方工程。可能要求承包商承担发包的土石方工程或者准备好承担发包的土石方工程，并且/或者接管上述土石方合同下的责任和义务。

2. 此外，任何情况下合同中的合同总价或者任何单价都不得因材料、设备或者人工价格上涨而变动。材料、设备和人工价格的任何增加已经反映在在投标的时候提交的工程量清单里了。

FIDC翻译

3 The Engineer 工程师

3.1 Engineer’s Duties and Authority

The Employer shall appoint the Engineer who shall carry out the duties assigned to him in the Contract. The Engineer's staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties.

The Engineer shall have no authority to amend the Contract. Engineer

The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. If the Engineer is required to obtain the approval of the Employer before exercising a specified authority, the requirements shall be as stated in the Particular Conditions. The Employer shall promptly inform the Contractor

of any change to the authority attributed to the Engineer.

However, whenever the Engineer exercises a specified authority for which the Employer's approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval.

Except as otherwise stated in these Conditions:

(a) whenever carrying out duties or exercising authority, specified in or implied by the Contract, the Engineer shall be deemed to act for the Employer;

(b) the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities under the Contract; and

(c) any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances.

(d) Any act by the Engineer in response to a Contractor's request except otherwise expressly specified shall be notified in writing to the Contractor within 28 days of receipt.

The following provisions shall apply:

The Engineer shall obtain the specific approval of the Employer before taking action under the following Sub-Clauses of these Conditions:

(a) Sub-Clause 4.12: Agreeing or determining an extension of time and/or additional cost. (b) Sub-Clause 13.1: Instructing a Variation, except;

(i) in an emergency situation as determined by the Engineer, or

(ii) if such a Variation would increase the Accepted Contract Amount by less than the percentage specified in the Contract Data.

(c) Sub-Clause 13.3: Approving a proposal for Variation submitted by the Contractor in accordance with Sub Clause 13.1 or 13.2..

(d) Sub-Clause 13.4: Specifying the amount payable in each of the applicable currencies.

Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibility under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such instruction, in accordance with Clause 13 and shall notify the Contractor accordingly, with a copy to the Employer.

讲义

Employer

2.2 Permits, Licences or Approves 许可、执照或批准

The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the request of the Contractor:

雇主应(按其所能)根据承包商的请求,对其提供以下合理的协助:

（a） by obtaining copies of the Laws of the Country which are relevant to the Contract but are not readily available, and

取得与合同有关,但不易得到的工程所在国的法律文本； （b） for the Contractor’s applications for any permits, licences or approvals required by the Laws of the Country:

协助承包商申办工程所在国法律要求的以下任何许可、执照或批准：

（i） which the Contractor is required to obtain under Sub-Clause 1.13 [Compliance with Laws],

根据第1.13款[遵守法律]的规定,承包商需要得到的,

（ii） for the delivery of Goods, including clearance through customs, and 为运送货物，包括结关需要的,

（iii） for the export of Contractor’s Equipment when it is removed from the Site. 当承包商设备运离现场出口时需要的。

2.3 Employer’s personnel 雇主人员

The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s other contractors on the Site:

雇主应负责保证在现场的雇主人员和其他承包商做到：

(a) co-operate with the Contractor’s efforts under Sub-Clause 4.6 [Co-operation], and 根据第4.6款[合作]的规定,与承包商的各项努力进行合作。

(b) take actions similar to those which the Contractor is required to take under sub-paragraphs (a), (b) and (c) of Sub-Clause 4.8 [Safety Procedures] and under Sub-Clause 4.18 [protection of the Environment].

采取与根据第4.8款[安全程序](a)(b)(c)项和第4.18款[环境保护]要求承包商采取的类似行动。

2.4 Employer’s Financial Arrangements 雇主的资金安排

The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment]. If the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars.

雇主在应在收到承包商的任何要求28天内,提出其已做并将维持的资金安排的合理证明,说明雇主能够按照第14条[合同价格和付款]的规定,支付合同价格(按当时估算)。如果雇主拟对其资金安排做任何重要变更,应将其变更的详细的情节通知承包商。

2.5 Employer’s Claims 雇主的索赔

If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, he shall give notice and particulars to the Contractor. However, notice is not required for payments due under Sub-Clause 4.19 [Electricity, Water and Gas], under Sub-Clause 4.20 [Employer’s Equipment and Free-Issue Material], or for other services requested by the Contractor. 如果雇主认为,根据本条件任何条款、或合同有关的另外事项，他有权得到任何付款，和（或）缺陷通知期限的任何延长，他应向承包商发出通知，说明细节。但对承包商根据第4.19款[电、水和燃气]和第4.20款[雇主的设备和免费供应的材料]规定的到期付款,或承包商要求的其他服务的应付款，不需发出通知。

The notice shall be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such period.

通知应在雇主了解引起索赔的事件或情况后尽快发出。关于缺陷通知缺陷任何延长的通知,应在该期限到期前发出。

The particulars shall specify the Clause or other basis of the claim, and shall include substantiation of the amount and/or extension to which the Employer considers himself to be entitled in connection with the Contract. The employer shall then proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (ⅰ) the amount (if any) which the Employer is entitled to be paid by the Contractor, and/or (ⅱ)the extension (if any) of the Defects Notification Period in accordance with Sub-Clause 11.3 [Extension of the Defects Notification Period].

通知的细节应说明提出索赔根据的条款或其他依据,还应包括雇主认为根据合同他有权得到的索赔金额和(或)延长期的事实依据。然后,雇主应按照第3.5款[确定]的要求,商定或确定(ⅰ)雇主有权得到承包商支付的金额(如果有),和(或)(ⅱ)按照第11.3款[缺陷通知期限的延长]的规定,得到缺陷通知期限的延长期(如果有)。

The Employer may deduct this amount from any moneys due, or to become due, to the Contractor. The Employer shall only be entitled to set off against or make any deduction

from an amount due to the Contractor, or to otherwise claim against the Contractor, in accordance with this Sub-Clause or with sub-paragraph (a) and/or (b) of Sub-Clause 14.6 [Interim Payments].

雇主可将上述金额在给承包商的到期或将到期的任何应付款中扣减。雇主应仅有权根据本款或第14.6款[期中付款](a)和(或)(b)项的规定,从给承包商的应付款中冲销或扣减,或另外对承包商提出索赔。

实用翻译

1. 总包是全厂施工总图及临设的归口管理单位，对厂区施工总图及各类临设工程进行统一规划和管理。总包公司编制施工总图及临设布置统筹方案，报监理和业主批准后实施。

The Main Contractor shall be responsible for the management of layout plans and temporary facilities on construction site, and he shall manage and plan for all the layout arrangements in the factory and all sorts of temporary facilities there. The Main Contractor shall prepare the general layout plan and arrangement plan for temporary facilities, and submit the same to the Consulting Engineers and the Employer for approval before the execution of the plans.

2. 在施工区域内可以自行规划小型暂设，主要用于材料堆放及工地必须的临时仓库和办公室等，在永久性建筑物不得安排住宿。

Small-scale temporary facilities on the construction site can be planned and arranged by the contractor himself, which shall be used as material stock yard, temporary warehouse and offices necessary to the construction works. Permanent structures shall not be used as accommodation for anyone.

3. 进入厂区施工必须切实保护好现场的临时供水、供电、通讯、道路、防洪、防雷击、消防以及方格网坐标点等设施。一旦发生损坏时，应立即向业主报告，并组织人员进行抢修，抢修完成，经业主和监理公司验收合格后方可继续使用。

Facilities in the factory area like the ones for temporary water power supply and firefighting, communication network, roads, anti-flood equipment, lightening arrestors, and coordinate points in the square grids on construction site shall be well protected. In case of damage to any of them, the Employer shall be notified and the Contractor shall immediately carry out emergency repairs for the facilities. Upon completion of repairs, the facilities shall be inspected and checked by the Employer and the Consulting Engineers for approval to use.

投标阶段的翻译

我们审阅了贵方11月5日来信附录的标书文件并考察了现场，发现标书文件中有些描述不清楚，有些描述与现场情况不一致。因此，我们希望贵方能够就下述问题进行澄清： 1） 2）

非常感谢，若能澄清上述两项，我们就能在正确的基础上投标。

检查贵方标书后，我们发现以下错误 …

恳请尽快确认是否有错误，告知贵方希望我们采取的行动。根据评标规则，你可以： 要么：保持标书工程量清单的原单价不变，允许我们调整由于上述错误影响到的乘积

或者 取回标书。

On examination of the tender documents enclosed with your letter of _________ (date) and following our inspection of the site, it is found that some descriptions in the tender documents are ambiguous and that there are some discrepancies between what is described therein and what has been observed at the site. Therefore, we wish to draw the following matters to your attention. … …

We shall be grateful if you can clarify these two items so that we may be certain that we are tendering on the correct basis.

An examination of your tender dated _____________ has disclosed the following apparent error:

Will you please, as a matter of urgency, confirm the existence of this error and let us know your instructions as to the action you wish us to take. In accordance with our rules, you may:

either maintain the original rate shown in the bills of quantities of your tender and permit appropriate adjustment of any extensions affected by the error; or withdraw your tender;