This contract is signed by XXXXXXXXXX (hereinafter referred to as Party A) and XXXXXXXX Group Co., Ltd. (hereinafter referred to as Party B).
Party A of this contract is the tenderee and the contract signatory entrusted and authorized by the XXXXXXXXX people's government, and carries out public bidding for the investment and construction party of XXXXXXXXXX Gymnasium Project according to the BT method. See Annex (4) for the power of attorney.
This project is determined by Party A as the investor of XXXXXXXXXX Gymnasium Project through public bidding, and it is implemented according to the BT mode of "enterprise investment and government repurchase". See Annex (3) for the bid-winning notice of project bidding issued by Party A on.
In view of this, Party A and Party B have reached an agreement on the investment and construction of this project in accordance with the framework agreement signed by both parties, People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Construction Law and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness and good faith.
1 project name and location
1. 1 name: XXXXXXXX project.
1.2 location: XXXXXXXXXX.
Article 2 Project scale and content
2. 1 decimal places: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
2.2 Contents: Foundation and foundation engineering, main engineering (including steel structure), roofing engineering, decoration engineering, water supply and drainage engineering, electrical engineering, ventilation and air conditioning engineering, doors and windows engineering, elevator engineering, intelligent engineering, outdoor auxiliary engineering (such as municipal roads, landscape engineering, solar energy engineering, gas engineering, high and low voltage power distribution and power generation equipment installation engineering, termite control engineering, parking lot management system engineering (including basement lane markings). Handrails, railings production and installation works) and other engineering construction drawings provided by Party A, but excluding indoor equipment, furniture and movable equipment. The final project content shall be subject to the design documents (construction drawings, etc.). ) provided by Party A, design change documents in the construction process and visa documents of supervision institutions.
2.3 Visa: Party B shall give a reply within 7 calendar days after the supervision company submits a visa for engineering quantity change caused by design change and other reasons to Party B; Failing to reply within the time limit shall be deemed as approving the visa; Failure to reply or approve shall be deemed as approval of the visa within 7 calendar days after submission to Party A. ..
Article 3 Construction period
The construction period of the project under this contract is 18 months, counting from the beginning. Among them, the project shall be delivered to Party A for use after the preliminary completion and acceptance, and the project shall be delivered to Party A for use within 65,438+08 months after the start of construction. However, if Party B fails to start or stop work due to reasons other than Party B's or force majeure, the above construction period and project delivery node shall be postponed accordingly.
Article 4 Total investment
The total investment of this contract project is about RMB, and the actual investment is subject to the final settlement price. The final settlement method shall be implemented in accordance with other terms of this contract.
Article 5 Quality standards
Meet the qualification grade of quality evaluation standard.
Article 6 Principles of investment cooperation
6. 1 Party A provides the construction drawings, and Party B organizes the construction according to the construction drawings. The supervision unit is entrusted by Party A. ..
6.2 Party A is responsible for land use, demolition, survey and design (planning scheme and construction drawing design), and Party B is responsible for financing, investment, construction and construction management. Party A will set up a special organization for this contract project to be responsible for contacting and coordinating with Party B on matters related to the construction of this contract project.
6.3 The construction fund of this contract project consists of the following contents:
6.3. 1 project cost: the project cost of the whole project section; Cost of measures and projects; Measures for other project expenses (project insurance premium, project warranty fee and budget lump sum fee); Expenses (including social insurance premium, housing accumulation fund and project quota determination fee); Manual adjustment; Safety and civilized construction measures and temporary facilities; Profit; Taxation; Inspection fees for various tests; Peripheral improvement and finished product protection fee; Safety and civilized construction shall be charged separately; Bulk cement special fund; New material storage; Construction and domestic water and electricity charges; Workers' work-related injuries and engineering insurance premiums; Other expenses that shall be paid by Party B (or the contractor entrusted by Party B) as stipulated by the state and local governments.
6.3.2 Expenses and equipment purchase expenses: fixed equipment and instrument expenses, all expenses incurred in handling construction application and other types of construction application, organizing completion acceptance, providing project filing and final accounts (employing a cost consulting company), various management fees, loan interest (included in the construction cost) calculated by the actual capital invested by Party B during the construction period according to the loan interest rate of the People's Bank of China for fixed assets investment in the same period, and economic compensation and fines agreed by Party A..
6.3.3 All taxes and fees (such as business tax, education surcharge, land value-added tax, deed tax, stamp duty, certification fee, evaluation fee, registration fee, etc.). If the property right transfer caused by the project repurchase is undertaken by Party A, if it can apply for reduction or exemption, it shall also be responsible for the application and enjoyment.
6.3.4 Other expenses approved by both parties for this project.
6.3.5 If the above expenses are not complete, it shall be implemented according to the relevant provisions of the state.
6.4 Final accounts of project completion
6.4. 1 final accounts of project completion Party B shall submit the final accounts report within 28 days after the completion of the project under this contract. Within 65,438+04 days after Party A receives the final report on completion, Party A entrusts XXXXXXXXXX Finance Bureau and Party A to jointly urge the qualified cost consulting agency designated by both parties through consultation to complete the audit of the final report on completion, and put forward audit opinions within 60 days, otherwise, it will be deemed that the final report on completion submitted by Party B and the final price have been approved by Party A.. ..
If the final accounts for completion are delayed due to Party A's reasons, Party B shall be paid a penalty of 0.5‰ of the total investment (RMB 100 million) for each day of delay from the date when Party B submits the final accounts for completion.
6.4.2 Basis for preparation of final accounts and pricing rules
Settlement adopts (1) quota pricing method; Applicable quota: in 2006, the comprehensive quota of building engineering in XXXXX province is applicable to building engineering, in 2006, the comprehensive quota of decoration engineering in XXXXX province is applicable to decoration engineering, in 2006, the comprehensive quota of installation engineering in XXXXX province is applicable to installation engineering, and the pricing norms and methods of the comprehensive quota of landscaping engineering in XXXXX province and above are applicable to landscaping engineering.
(2) The pricing procedure is based on the fixed pricing procedure in document XXXXX Jian Jia Jian Zi (2006) No.02.
(3) The engineering quantity is calculated according to the actual quantity according to the construction drawings, design change notice, construction plan approved by Party A and site visa;
(4) The benchmark price is calculated according to the second-class regional standard;
(5) Safety and civilized construction measures fee, other measures fee, project fee, budget fee, project profit, tax lump sum fee, etc. Is calculated and taken according to the schedule;
(6) Labor wages and material prices shall be subject to the information price released by XXXXX project cost information station during the construction period (calculated according to the arithmetic average of each month from project start to completion). For materials not included in the information price, Party B shall put forward the price, which shall be used as the settlement basis after being confirmed by Party A.. When the market price of equipment and materials exceeds the information price, Party A will adjust the price according to the market price of equipment and materials to make up the difference;
(7) Final settlement of construction projects: The total project settlement price settled according to the above-mentioned pricing quota, pricing procedures, pricing methods and XXXXX related documents shall be the final settlement price of construction projects of Party A and Party B. ..
Various expense tables
No. Expense Item Name Rate (%) is calculated according to the scope of application.
1 safety and civilized measures fee 3. 16 partial project fee construction project
2.5 decoration engineering partial project cost
2.44 partial project cost of landscaping project
2.82 municipal engineering partial project cost
30.7 Labor cost of installation project
2. The project insurance premium is 0.03. Sub-project costs are construction, decoration and decoration.
3. The project warranty fee is 0. 1. Sub-project costs are construction, decoration and decoration works.
4. Budget one-time expenses 2. Sub-project cost: construction, decoration, installation, municipal engineering, landscaping engineering.
5. Social insurance premium is 3.3 1. Sub-project cost: construction, decoration, municipal and landscaping projects.
27.8 1 labor cost and labor cost difference installation project
6. Housing accumulation fund 1.28. Sub-project cost: construction, decoration, municipal and landscaping projects.
8 labor cost and labor cost difference installation project
7 engineering quota measurement fee 0. 1 partial engineering fee for construction, decoration, installation, municipal engineering and landscaping engineering.
8 engineering sewage charges 0.33 partial engineering costs construction, decoration, municipal engineering, landscaping projects.
0.2 installation project partial project cost
9. Maintenance fee for flood control works (dike fee) 0. 1 construction, decoration, installation, municipal engineering and landscaping works.
10 construction accident insurance 2 yuan/㎡ construction project with construction area.
0. 1 Cost of partial works decoration, municipal works and landscaping works
2.5 Difference between labor cost and installation engineering labor cost
1 1 project profit 35 labor costs construction, decoration, installation, municipal and landscaping projects
12 business tax and additional 3.4 1 above1-1/construction, decoration, installation, municipal and landscaping works.
Article 7 Rights and obligations of both parties
7. 1 Rights and obligations of Party A
7. 1. 1 Party A is responsible for reviewing and determining the construction scale, construction content, construction standards, investment amount, project time node and construction period of this contract project, and confirming the investment amount of Party B. It is also responsible for the construction project site selection opinion, project feasibility study report, environmental impact assessment report, approval documents of environmental protection departments, project approval, land use certificate, notice of planning and design conditions, and land use permit for construction projects. And bear all the expenses involved in handling the above matters.
7. 1.2 Responsible for design entrustment, design scheme review and approval, fire protection and civil air defense design approval, and handling construction project planning permit; And be responsible for paying the design fee and all expenses involved in handling the above matters.
7. 1.3 Submit the construction drawing for review and pay the corresponding fees;
7. 1.4 Responsible for the cleaning and demolition of abandoned buildings on the ground and underground, and the work and expenses of "three links and one leveling";
7. 1.5 is responsible for providing temporary land;
7. 1.6 Cooperate with Party B to raise construction funds from the bank and provide relevant information, as follows:
( 1) (2) (3)
7. 1.7 Select a qualified supervision company to supervise this project according to law;
7. 1.8 Be responsible for supervising the audit and disbursement of the special fund management account and project funds set up by Party A for this project;
7. 1.9 Be responsible for the public security of the project construction scope and its surrounding areas, coordinate the relationship with surrounding units or villagers, and ensure the smooth progress of the project construction.
7. 1. 10 Party A shall provide Party B with documents and materials related to the project under this contract, assist Party B in handling relevant procedures such as construction bidding, construction permit, quality supervision and safety supervision, and supervise the implementation.
7. 1. 1 1 Party A shall have full ownership of the project under this contract only after both parties confirm the final accounts of completion, receive a complete set of project data and pay the repurchase money. However, before the repurchase payment is paid, Party B can handle the handover procedures after the comprehensive acceptance of all projects, but at this stage, Party A only has the right to use.
7.2 Rights and obligations of Party B
7.2. 1 Party B enjoys the autonomy of all investment, construction and time limit management within the scope of this contract, but shall accept the guidance, supervision and management of Party A and the supervision unit.
7.2.2 Party B shall be responsible for the investment and construction, construction management, safety production and quality assurance of the project under this contract in accordance with relevant laws and regulations and the provisions of this contract, and its project quality warranty shall be implemented in accordance with the Regulations on Quality Management of Construction Projects.
7.2.3 Party B shall carry out the project construction in strict accordance with the requirements of this contract and the construction drawings, construction scale, construction contents, construction standards, investment amount, project nodes and completion date approved by Party A, and bear the risks of the project construction under this contract.
7.2.4 Party B is responsible for the investment and financing to meet the capital requirements of the project construction under this contract, and the debts incurred by Party B as a result shall be borne by Party B, which has nothing to do with Party A. ..
7.2.5 During the construction of this contract project, Party B shall accept the supervision and guidance of Party A and the supervisor, and provide the supervisor and Party A with the project construction, fund arrangement and related information in written form in time. According to the relevant regulations of the state, after the completion of the project under this contract, Party B shall apply to Party A for completion acceptance in time, and submit the project completion data according to the relevant specifications.
7.2.6 Party B is responsible for cleaning up the sundries and weeds within the land use scope; Responsible for the application of temporary construction land;
7.2.7 Responsible for the construction of temporary fences, etc.
7.2.8 Responsible for inspecting, selecting and entrusting qualified construction units;
7.2.9 Be responsible for the supervision procedures of quality supervision and safety supervision departments;
7.2. 10 is responsible for cooperating with the planning for approval;
7.2. 1 1 Assist Party A to apply for building construction permits;
Article 8 Project Repurchase
8. 1 The repurchase base of the project is subject to the total settlement price.
8.2 The starting point of the repurchase period is: according to the Cooperation Agreement on BT Investment in the Construction of XXXXX Gymnasium and XXXXX Project signed by Party B and XXXXX People's Government and its supplementary agreement.
8.3 Payment method for project repurchase: the repurchase shall be implemented in accordance with the Cooperation Agreement on BT Investment and Construction of XXXXX Gymnasium and XXXXX Project signed by Party B and XXXXX People's Government and its supplementary agreement.
8.4 Project Repurchase Payment Guarantee: Project Repurchase Payment Guarantee shall be implemented in accordance with the Cooperation Agreement on BT Investment and Construction of XXXXX Gymnasium and XXXXX Project signed by Party B and XXXXX People's Government and its supplementary agreement.
8.5 The liquidated damages for delayed payment of repurchase funds shall be implemented in accordance with the Cooperation Agreement on BT Investment and Construction of XXXXX Gymnasium and XXXXX Project signed by Party B and XXXXX People's Government and its supplementary agreement.
Ninth project completion acceptance, transfer and warranty
9. 1 Project completion acceptance: Party B shall provide Party A with the completion data and the completion acceptance report in quadruplicate according to the relevant national regulations on project completion acceptance. Party A shall organize relevant units to carry out acceptance within 28 days after receiving the completion acceptance report, and give approval or propose amendments within 14 days after acceptance. Party B shall revise as required and bear the expenses arising from its own reasons. If Party A fails to organize the acceptance within 28 days after receiving the completion acceptance report, or fails to propose amendments within 14 days after acceptance, the completion acceptance report shall be deemed to have been approved. After the project is completed and accepted, the date when Party B submits the completion report shall be the actual completion date. According to Party A's requirements, the actual completion date of the project that passed the completion acceptance after modification is the acceptance date submitted by Party B after modification.
9.2 Project handover time: Party B shall handle the project handover procedures with Party A within 10 days after the project completion acceptance is filed; If Party A refuses to accept it without justifiable reasons, Party B will send a written notice to Party A. If Party A still refuses to accept it within 7 days after Party B sends a written notice, it will be deemed that Party A has agreed to accept it, and its protection responsibility will be transferred to Party A accordingly.
9.3 Project warranty: Party B shall sign a project quality warranty with the construction unit in accordance with national regulations, and specify the warranty responsibilities. The warranty period of Party B shall be implemented according to national regulations, counting from the date when the project is handed over to Party A. ..
Article 10 Extension of construction period
10. 1 If the construction period is delayed due to Party A's incomplete construction drawings or submission of drawings in batches, the construction period shall be postponed accordingly;
10.2 If the construction period is delayed due to design change or major design modification or other reasons not attributable to Party B, the construction period shall be postponed accordingly;
10.3 if the follow-up work can't be carried out due to the delay in approval of relevant government departments or the intervention of other departments, the construction period will be postponed accordingly.
10.4 other circumstances that should be postponed according to law.
10.5 time limit for a project delay and rewards and punishments in advance
If the construction period is delayed due to Party A's reasons, the construction period may be postponed accordingly, and Party B shall be compensated with a penalty of 5,000 yuan/day; Party A will reward Party B with 5,000 yuan/day for completing the construction project ahead of schedule; If the construction period is delayed due to Party B's reasons, a fine of 5,000 yuan shall be calculated every day from the tenth day of delay, but the total fine shall not exceed 1% of the total project investment. At the same time, Party A issued a written warning to Party B, asking Party B to reclaim the construction period within the specified time, and the expenses arising from robbing the construction period shall be borne by Party B. If Party B rushes to work within the contract period, no liquidated damages will be calculated; If Party B fails to get back to the construction period within the specified time, and is deemed by Party A to be unable to complete the project on time, which exceeds the contract period by more than two months, Party A has the right to terminate the contract unilaterally, and Party B shall be responsible for compensating the economic losses caused to Party A. Within one month after the termination of the contract, Party A must check and accept the completed project with Party B, and settle all the investment funds and interest of Party B within one month after the completion of the inspection and acceptance, before Party B can quit.
Article 1 1 Modification and interpretation of the contract
1 1. 1 In this contract, the rights, obligations and responsibilities under this contract (and supplementary agreements) will not be affected by any change in the subject of Party A or Party B. If the subject of Party A or Party B changes, the successor of rights and obligations of Party A or Party B will continue to perform this contract.
1 1.2 This contract shall be legally binding after it comes into effect, and neither party may change or terminate it at will. When it is necessary to modify or terminate the contract, both parties shall reach a written supplementary agreement or document through consultation. After the contract comes into effect, if the laws, regulations and related policies applicable to this contract change, both parties will revise this contract according to the new laws, regulations and policies.
1 1.3 If the construction period of the project under this contract is delayed due to force majeure or other major reasons and it is necessary to modify or change the construction scheme, Party B shall submit written materials to the supervisor and Party A in time, and Party A will negotiate and adjust according to the actual situation. If the contract cannot be performed or fully performed due to force majeure, the contract may be modified or terminated.
1 1.4 If either party transfers all or part of its rights, obligations and responsibilities under this contract to a third party, it must obtain the written consent of the other party.
1 1.5 The mortgage guarantee agreement for repurchase funds was signed at the same time as this contract.
11.6xxxxxxxxx Gymnasium Project The supplementary agreement to the cooperation agreement on BT investment and construction was signed at the same time as this contract.
Article 12 Contract disputes: In case of disputes during the performance of the contract, both parties may consult or request the relevant competent authorities for mediation. If the parties are unwilling to negotiate, mediate or fail to negotiate, they may bring a lawsuit to the people's court with jurisdiction.
Article 13: Party B's capital plan for the construction project is as follows:
13. 1 75% of the completed project price shall be paid within 0.000 working days after the basement roof reaches 0.000 10;
13.2+0.000 and other projects in the basement, 75% of the monthly project price shall be paid according to the monthly progress;
13.3 pay 85% of the completed project price within 30 working days after the project is completely completed and passed the preliminary acceptance;
13.4 After the project is completed and accepted, the filing formalities shall be completed, and the completion acceptance filing certificate shall be obtained, and both parties shall pay 95% of the settlement price within 30 working days after confirming the settlement result;
5% of the balance of 13.5 shall be used as the quality deposit, and the payment of the quality deposit shall be implemented according to the national regulations and the agreement of both parties.
The above funds shall be paid by Party B to the special account established by Party A, and shall be allocated to the construction unit after being audited by Party A. ..
Article 14 The annexes to this contract are an effective part of this contract. The annexes to this contract are as follows:
14. 1 XXXXX gymnasium and XXXXX project BT investment and construction cooperation agreement and its supplementary agreement.
14.2 repurchase mortgage guarantee agreement.
14.3 project investment bid-winning notice.
14.4 power of attorney.
Article 15 This contract shall come into effect after being signed and sealed by both parties, and the signatory of this contract shall be regarded as the authorized client of the corresponding unit.
Article 16 This contract is made in quadruplicate, with each party holding two copies, all of which have the same legal effect. For matters not covered in this contract, both parties shall sign a supplementary agreement through negotiation, which is an effective part of this contract and has the same legal effect as this contract.
Party A:
Signature representative:
Time:
Party B:
Signature representative:
Time: