问题 问答题

[背景材料]
某高层办公楼,总建筑面积137500m2,地下3层,地上25层。业主与施工总承包单位签订了施工总承包合同,并委托了工程监理单位。
施工总承包单位完成桩基工程后,将深基坑支护工程的设计委托给了专业设计单位,并自行决定将基坑支护和土方开挖工程分包给了一家专业分包单位施工。专业设计单位根据业主提供的勘察报告完成了基坑支护设计后,立即将设计文件直接给了专业分包单位。专业分包单位在收到设计文件后编制了基坑支护工程和降水工程专项施工组织方案,方案经施工总承包单位项目经理签字后即由专业分包单位组织了施工,专业分包单位在开工前进行了三级安全教育。
专业分包单位在施工过程中,由负责质量管理工作的施工人员兼任现场安全生产监督工作,土方开挖到接近基坑设计标高(自然地坪下8.5m)时,总监理工程师发现基坑四周地表出现裂缝即向施工总承包单位发出书面通知,要求停止施工并要求立即撤离现场,施工人员查明原因后再恢复施工。但总承包单位认为地表裂缝属正常现象,没有予以理睬,不久基坑发生了严重坍塌,并造成4名施工人员被掩埋,经抢救3人死亡、1人重伤。事故发生后,专业分包单位立即向有关安全生产监督管理部门上报了事故情况。经事故调查组调查,造成坍塌事故的主要原因,是由于地质勘察资料中未表明地下存在古河道,基坑支护设计中未能考虑这一因素而造成的。事故造成直接经济损失80万元,于是专业分包单位要求设计单位赔偿事故损失80万元。
[问题]

请指出上述整个事件中有哪些做法不妥并写出正确的做法。

答案

参考答案:整个事件中下列做法不妥。
(1)施工总承包单位自行决定将基坑支护和土方开挖工程分包给专业分包单位施工不妥,正确做法是按合同规定的程序选择专业分包单位或得到业主同意后分包。
(2)专业设计单位将设计文件直接交给专业分包单位不妥。正确做法是设计单位将设计文件提交给总承包单位,经总承包单位组织专家进行论证、审查同意后,由总承包单位交给专业分包单位实施。
(3)专业分包单位编制的基坑支护工程和降水工程专项施工组织方案经由施工总承包单位项目经理签字后即由专业分包单位组织施工不妥。正确做法是专项施工组织方案应先经总承包单位技术负责人审核签字,再经总监理工程师审核签字后,再由专业分包单位组织施工。
(4)专业分包单位在施工过程中,由负责质量管理工作的施工人员兼任现场安全生产监督工作不妥。按照建设工程安全生产管理条例规定,正确做法是在施工过程中,安排专职安全生产管理人员负责现场安全生产监督工作。
(5)当基坑四周地表出现裂缝时,总承包单位收到监理单位要求停止施工的书面通知而不予理睬、拒不执行不妥。正确做法是总承包单位在收到总监理工程师发出的停工通知后,应该立即停止施工,查明原因,采取有效措施消除安全隐患。
(6)事故发生后,专业分包单位立即向有关安全生产监督管理部门上报事故情况不妥。正确做法是事故发生后专业分包单位应立即向总承包单位报告,由总承包单位立即向有关安全生产监督管理部门报告。
(7)工程质量安全事故造成经济损失后,专业分包单位要求设计单位赔偿事故损失不妥。正确做法是专业分包单位向总承包单位提出损失赔偿,由总承包单位再向业主提出损失赔偿要求。

单项选择题 A3/A4型题
填空题

Although no longer slavers after the Civil War, American blacks took no significant part in the life of white America except as servants or laborers. Many thousands of them emigrated from the war-ravaged South to the North from 1865 to 1915 in the hope of finding work in the big industrial cities. Whole communities of blacks crowded together into ghettos in New York City, Chicago and Detroit, where once the poor white immigrants had lived. These ghettos, neglected by the city authorities, became slums. The schools to which black children went were hopelessly inadequate. Unemployment in black ghettos remained consistently higher than in white communities.
41. Serious problems with black ghettos. ______
Stable family life was difficult to maintain.
42. The extreme poverty of the blacks. ______
In the late 1970s, nearly a third of all blacks still belonged to the so-called "underclass", they are so " under-privileged " and poor that they cannot seize the opportunity for advancement.
43. Efforts to put an end to racial discrimination. ______
Race relations in the USA continue to be a thorny problem.
44. Improvements in lives of the blacks. ______
Despite some setbacks, race relations are improving.
45. Prevailing violence in solving racial problems. ______
It is said that television had an enormous influence on frustrated and bitter blacks, for it showed them bow much better whites on the whole lived than blacks. At the end of the 1960s, there were serious riots in many cities.
The violence quickly died down. Blacks began to use their votes to exert political pressure. Cities like Atlanta (Georgia), Gary (Indiana), and Los Angeles (California) elected black mayors. Integration of schools, despite resistance from white groups, goes on, and the proportion of blacks in American colleges has increased dramatically in the last 20 years. There are reasons to maintain a cautious optimism that progress in race relations will continue.
[A] It has been estimated that there are more than 20 million Americans in this category, 10% of the population, including many millions of whites.
[B] Blacks are gaining in self-confidence. In more and more areas, they are winning control of their communities, and their standard of living is going up faster than that of the poor whites. It is still a hard struggle. There is still prejudice and even some hatred, but in most walks of American life there are now more blacks than ever before.
[C] The era of blatant discrimination ended in the 1960s through the courageous actions of thousands of blacks participating in peaceful marches and sitins, to force Southern states to implement the Federal desegregation laws in schools and public accommodations. Down came the " whites only" notices in bused, hotels, trains, restaurants, sporting events, restrooms and on park benches that once could be found everywhere throughout the South. Gone were the restrictions that prevented blacks voting. Gone, too, were the hideous lynchings, which since the Civil War had caused the death of thousands of innocent blacks-- hanged without trial by white mobs. However, even today, poor, uneducated lacks do not always receive the same degree of justice that the more affluent and better educated can expect.
[D] Many blacks chose to keep silent about their unfairness instead of resorting to violence. But their silence was also problem provoking: on the one hand, silence would build up a lot of complaints and hatred in their minds, thus resulting in a negative approach to life and everything; on the other hand, silence would give the whites an impression that the blacks take the reality for granted and put more racial discrimination on them.
[E] Unemployed fathers would on occasion walk out of their homes and never return. Children neglected by their parents turned in some instances to drugs and crimes. There are more than 700 murders a year in cities like New York, Detroit, Los Angeles and Houston, and most of these deaths are of blacks killed by blacks. The black ghettos are dangerous both for blacks and non-blacks.
[F] Radical blacks like the Black Panthers demanded a free black state within the Union, and advocated violence to achieve that end and to protect themselves against what they felt was police brutality toward blacks. For a while, violence overshadowed the influence of the greatly respected pacifist black, Martin Luther King, Jr. , who had provided the inspiration and leadership for those devoted to a peaceful change and whose murder in 1968 stunned America.