ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 26, 2014 No. 742

About approval of the Regulations on carrying out constant technical advice in case of construction, reconstruction, to repair and content of highways"

According to the Law of the Kyrgyz Republic "About highways", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on carrying out constant technical advice in case of construction, reconstruction, repair and content of highways according to appendix.

2. To the Ministry of Transport and Communications of the Kyrgyz Republic in three-months time from the date of entry into force of this resolution to develop and introduce in accordance with the established procedure in the Government of the Kyrgyz Republic the bill of the Kyrgyz Republic providing introduction of amendments to the Law of the Kyrgyz Republic "About highways" for the purpose of reduction in compliance with the Constitution of the Kyrgyz Republic.

3. This resolution becomes effective after 15 days from the date of official publication.

Appendix

to the Order of the Government of the Kyrgyz Republic of December 26, 2014 No. 742

Regulations on carrying out constant technical advice in case of construction, reconstruction, to repair and content of highways

Chapter 1. General provisions

1. This Provision is developed for the organizations performing activities in the field of technical advice over quality of roadwork including the organizations performing functions of the Customer and Contractor and regulates procedures of the organization and carrying out constant technical advice on construction objects, reconstruction, repair and content of highways by the Customer, for the purpose of quality assurance of construction, reconstruction, repair and content of highways, preventions, identification and suppression of the allowed violations of requirements of technical regulations, other regulatory legal acts and the project documentation and preparation of the conclusion about compliance constructed, reconstructed, the repaired object of production of roadwork to requirements of the technical regulation of the Customs Union "Safety of highways" (TP of TS 014/2011) (further - the technical regulation), other regulatory legal acts and the project documentation, by means of involvement of the consulting engineer.

2. In this Provision the following terms are used:

- technical advice - the construction process including constant control and supervision by the Customer of compliance of installation and construction works, the applied materials, products, designs and the equipment of the normative and technical and approved design estimates and also survey, acceptance and accounting of the performed works;

- roadwork - works on designing, construction, reconstruction, repair and content of highways;

- incoming inspection - verification of presence of the relevant accompanying documents, the used equipment, the equipment, construction materials and products;

- the customer - public authorities, local authorities of the government and local government bodies (on balance) which is in maintaining the highway;

- the contractor - the physical person or legal entity irrespective of patterns of ownership which signed with the customer the contract for production of roadwork on construction, reconstruction, repair and content of highways;

- road consulting services - services in implementation of constant technical advice and development (obligatory to execution by the contractor) recommendations about the organization and the production technology of roadwork in case of construction, reconstruction, repair and content of highways;

- the consulting engineer - the physical person or legal entity rendering road consulting services and not being structural division of the customer or contractor.

3. On technical advice the Customer involves the consulting engineer by purchase of road consulting services to accomplishment of the functions.

4. The consulting engineer based on the agreement signed with the Customer is responsible customer representative on object.

The consulting engineer performs the functions according to this Provision, GOST 32731-2014 "Highways public. Requirements to carrying out construction supervision" technical regulation and tying commitments.

5. Procurement of road consulting services is conducted according to the legislation of the Kyrgyz Republic.

Chapter 2. Competence of the consulting engineer of rendering services in technical advice

6. Tasks of the consulting engineer

The main objective of the consulting engineer is quality assurance of production of roadwork, compliance to their project decisions, terms and requirements of the technical regulation, including quality of installation and construction works, compliance of cost of roadwork approved in accordance with the established procedure by the project documentation and to estimates.

7. Obligations of the consulting engineer:

- supervision of compliance of roadwork, the applied designs, products, materials and the deliverable equipment to project solutions, specifications, requirements of the corresponding technical regulations and regulating documents;

- continuous supervision (on objects) behind the course and production process of roadwork and identification of variations (discrepancies) from the project documentation and technical regulations;

- issue of instructions and control of their execution on questions:

- elimination of the revealed discrepancies to requirements of the technical regulation and project documentation;

- elimination by the Contractor of defects of the highways influencing traffic safety or safety of highways and road constructions when carrying out roadwork;

- elimination of the allowed violations of technologies and rules of works in case of departures from the fabrication documentation, technical regulation of content of highways;

- supervision of carrying out quality of materials by the Contractor of incoming inspection, the products and the equipment arriving on objects (places) of production of roadwork;

- verification of presence of the documents at the Contractor certifying quality used in roadwork of the equipment, designs, products and materials (log books, certificates, results of laboratory tests);

- check of readiness of the Contractor for performance of works on project implementation;

- control of availability and correct maintaining primary executive technical documentation by the Contractor;

- carrying out within technical advice of continuous or selective control of compliance of quality and amounts of completed work, with use visual, tool and physical control methods;

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