Highway construction contract

Project Name:

Principal:

Service party:

Construction project management contract construction unit:

Project management unit:

According to the relevant laws, regulations and regulations promulgated by the state and localities, and in light of the specific conditions of the project, Party A and Party B entrusted Party B to entrust Party B to carry out the whole process project management services for the project projects specified in Article 2, and The following matters are agreed upon on specific matters.

The first word definition 1.1 Owner: In the agreement, the party that has the qualification of the project to issue the subject and the ability to pay the project price or the legal heir who obtained the qualification of the party.

1.2 Project management unit: If it is agreed in the agreement, if it has the corresponding qualifications for the management of the project construction project and the qualification of the independent legal person, the party entrusted by the owner or the legal heir who obtained the qualification of the party.

1.3 Project manager: The legal representative of the enterprise has the corresponding qualified agent in the management of the construction project management.

1.4 Design unit: refers to the unit entrusted by the contractor to be responsible for the design of the project and obtain the corresponding engineering design qualification certificate.

1.5 Supervising unit: refers to the unit entrusted by the contractor to be responsible for the supervision of the project and obtain the corresponding engineering supervision qualification certificate.

1.6 Agent unit: refers to the unit that is legally entrusted by the contractor to act as the agent in the name of the contractor to carry out the project or project part of the project, and has the corresponding qualification certificate.

1.7 Contractor: The party that has accepted the qualification of the construction contractor of the project or the legal heir of the qualification of the party accepted by the project contractor.

1.8 Cost consulting unit: refers to the unit entrusted by the owner to be responsible for the project cost consulting and obtain the corresponding engineering cost consulting qualification certificate.

1.9 Project: refers to the project within the scope of contract specified by the owner and the management unit in the agreement.

1.10 Project management remuneration: refers to the management expenses incurred by the management unit for the construction, construction, joint commissioning, and acceptance of construction projects.

1.11 Pre-project: refers to the stage from the start of the project to the completion of the engineering design.

1.12 Construction preparation period: from the beginning of the construction drawing design to the stage of issuing the commencement order.

1.13 Construction implementation period: from the start of the project to the completion of all tasks of the project according to the construction contract.

1.14 Completion acceptance period: The contractor completed all the tasks of the project according to the construction contract, and proposed the stage of delivery to the contractor's organization for acceptance.

1.15 Cost Consultation: Refers to the activity of the unit that has the qualification of cost consulting, which is entrusted by the contractor to control the cost of the project.

1.16 Construction supervision: Refers to the supervision activities of the supervision unit in the construction stage of the project to control the quality, progress, investment, and safe and civilized construction.

1.17 Management period: The period of service agreed in the agreement.

1.18 commencement date: refers to the absolute or relative date on which the contractor and the contractor agree in the agreement that the contractor begins construction.

1.19 Completion date: It means that the contractor and the contractor stipulate in the agreement that the contractor completes the absolute or relative date of the project within the scope of the contract.

1.20 Drawings: Refers to all drawings provided by the Employer or provided by the Contractor and approved by the Employer to meet the contractor's construction needs.

1.21 Contractual relationship: It means that the contractor and the contractor agree on the equal relationship between their rights and obligations through the contract.

1.22 Management relationship: refers to the management of the management unit by the management unit according to the power granted by the owner.

1.23 Construction site: refers to the site provided by the contractor for the construction of the project and any other place specified by the contractor for the construction and use in the drawings.

1.24 Written form: Refers to a contract, letter and data message, etc. or in the form of a tangible representation of the content contained therein.

[This article is organized by the first · Fan Wenwang WWW.DiyiFanwen.Com, the copyright belongs to the original author, the original source. ] 1.25 Total investment of the project: refers to the expenditure of the price incurred in completing the project. It mainly includes land fees, design fees, survey fees, supporting capacity increase fees, Jian'an project investment, secondary fine decoration fees, and project preparation fees.

1.26 Project construction period: refers to the entire time from project establishment to project completion acceptance and delivery.

1.27 Completion Acceptance: Refers to all the tasks of the contractor completed by the contract, the experience is accepted, and the contractor organizes the inspection and acceptance activities.

1.28 Completion settlement: Refers to the contractor's completion of the contents agreed in the agreement, after the delivery of the work, the final project price settlement activities to the contractor.

1.29 Final accounts of completion: After the completion of the construction project, the construction unit shall prepare the final settlement report and the completion financial statement.

1.30 Completion of the record: The construction unit shall, within 15 days from the date of acceptance of the completion of the project, go to the relevant construction administrative department for completion and acceptance of the record in accordance with relevant regulations.

1.31 linkage test: refers to the newly built enterprise or the newly added production process of the expansion enterprise before the completion acceptance, in accordance with the engineering quality standards specified by the design, the entire workshop load or no load joint trial operation.

1.32 Liability for breach of contract: Refers to the responsibility of a party to the contract not to perform the contractual obligations or to perform the contractual obligations that do not conform to the contract.

1.33 Claim: refers to the requirement of economic compensation to the other party in the process of performance of the contract, for the actual loss caused by the fault that is not his own, but the responsibility of the other party.

1.34 Force Majeure: An objective situation that cannot be foreseen, cannot be avoided, and cannot be overcome.

1.35 hours or days: This contract stipulates that the time is calculated by the hour, and is calculated from the time when the event is valid. If the time is calculated by the day, the day of the start is not counted, and the calculation is started from the next day. The last day of the time limit is the rest day or other legal holidays, with the day of the holiday being the last day of the time limit, except for the date of completion. The deadline for the last day of the time limit is 24 o'clock on the day.

1.36 Audit: The activity of the auditing department or department specified by the state to review the legality of the project fees free of charge.

1.37 Project Management Monthly Report: The project management unit reports the implementation of the project to the owner on a monthly basis.

1.39 Designated subcontracting: refers to the subcontracting part of the project content by the designated unit of the contractor.

1.40 Completion data: refers to the relevant project materials that the contractor should provide in the agreement or in accordance with relevant state regulations.

1.41 Significant change: refers to the owner or the main use function of the project due to objective reasons, the construction site, the increase or decrease of the construction scale of more than 15%, the phased or merged construction or the advance or postponement of more than 3 months.

1.42 Owner's Representative: The plenipotentiary representative sent by the owner to deal with the construction of the project.

Article 2 The files that constitute this contract 1. The project management contract;

2. Subsidiary files: the work content and responsibilities of project management;

3. Supplementary contract files agreed by both parties during the implementation of this contract.

Article 3 Project Overview Project Name:

construction place:

construction area:

Project Jianan Total Investment:

Article 4 Project Management Service Mode The project shall be entrusted by Party A to Party B and implement project management under the leadership of Party A to provide full-process construction management and consulting services.

Party B dispatches a project management team consisting of project managers, professional technicians, and management engineers from the stages of pre-engineering, construction, completion acceptance and delivery, according to the project function positioning, construction standards, design plans, and investment determined by Party A. Management and professional consulting services such as planning, organization, control and coordination.

Article 5: Basis for project management 1. Project management contract files;

2. Approval files of government departments related to the construction of the project;

3. Other contract files related to this project;

4. Project management plan approved by the owner;

5. Engineering construction regulations, specifications, and acceptance criteria related to the project.

Article 6 Management Contents and Responsibilities of Party B 6.1 General Party B shall submit to Party A a project management plan that meets the basic requirements of the contract and Party A within one month after signing the contract, including the project management objectives, project overview and project management to be achieved. The organization, the overall progress of the project implementation and the node implementation plan, the main contents and methods of the project management, the corresponding measures to be adopted, and the management processes of the main work.

Project 6.2 Project Construction Planning in the early stage of the project 6.2.1 List the project construction process according to the basic construction program.

6.2.2 Develop a contour plan for project construction.

6.2.3 Divide the working interface and responsibilities of both Party A and Party B.

6.2.4 Calculate the working hours of critical lines and key nodes.

6.2.5 Suggestions for describing and controlling the work of key nodes.

6.3 Pre-project construction and municipal supporting management 6.3.1 Handling the municipal supporting consultation for the project phase.

6.3.2 Handle the preliminary design approval procedures for the project, and submit the preliminary design files to the relevant land, planning, fire protection, communication, environmental protection, sanitation, sanitation and epidemic prevention, traffic greening, labor protection, civil air defense, earthquake resistance, monitoring, engineering, water supply, electricity And other departments approve.

6.3.3 According to the requirements of the project start-up conditions, apply for the construction site, and apply for temporary water, electricity, building red lines, and benchmarks.

6.3.4 Select qualified professional monitoring units to conduct underground pipeline monitoring.

6.3.5 Assist Party A to review and monitor the contract and expenses.

6.3.6 Apply for underground pipeline monitoring and protection, and handle the “green card”.

6.3.7 Apply for a temporary land use planning permit.

6.3.8 Contact and planning department to do the base red line measurement and release.

6.4 Organization and coordination management 6.4.1 Contact and coordinate the relationship between the project-related departments and social supporting units.

6.4.2 Supervise and coordinate the bidding agency work such as survey, design and construction, and provide relevant information for the smooth development of the bidding work.

6.4.3 Coordinate the survey and design work, and strive to make the design results meet the functional requirements of the project and meet the requirements of Party A.

6.4.4 Organize or assist the competent authority to convene the design approval meeting for the expansion of the project.

6.4.5 Optimize the design of the organization, timely provide the review opinions, expert advice and Party A's opinions to the design unit to optimize the project design.

6.5 Contract Management 6.5.1 Drafting or organizing the drafting of design contracts and survey contracts.

6.5.2 Organizational contract negotiations.

6.5.3 Assist Party A in final confirmation of the terms of the contract.

6.5.4 The supervision contract executes the account and tracks and manages the contract.

6.5.5 Coordinate the contractual disputes and cooperate with the arbitration or litigation of the contract dispute.

6.6 Project Investment Management 6.6.1 Assist the owner to review the payment application.

6.6.2 Review the relevant contract fees and their payment methods.

6.6.3 Assist the owner to organize the design unit and the cost consulting organization to review the project budget.

6.7 Project Progress Management 6.7.1 In accordance with Party A's requirements for the total construction period, a phased project progress plan shall be formulated to supervise and inspect the implementation of the progress of each unit at each stage.

6.7.2 Develop a master plan network plan, determine the control node, and propose a control plan target.

6.7.3 Dynamic management shall be carried out strictly according to the progress of the project. Once the progress of the progress is found, the cause shall be identified in time, and corresponding positive measures shall be taken to adjust to ensure that the total construction period is completed as scheduled.

6.8 Project Quality Management 6.8.1 According to Party A's intention to specify the project quality objectives, and formulate corresponding decomposition targets, propose corresponding measures, and implement them in the corresponding contract.

6.8.2 Supervise the relevant units to formulate corresponding quality assurance systems and countermeasures to achieve the corresponding objectives.

6.8.3 Supervise the quality management department and implement specific personnel and measures.

6.8.4 Organize various quality inspections and acceptances.

6.8.5 Organizing and completing the work of the project.

6.9 Cultural relics and historical sites The cultural relics and historic sites are found in the implementation of the project. Party B has the responsibility to urge the construction unit to protect and report to Party A in a timely manner.

Construction Stage 6.10 Construction Preparation 6.10.1 Complete the commissioning review procedures for the construction drawings, and promptly feedback the audit opinions to Party A and the design unit.

6.10.2 Review the qualification of the construction unit and examine the strength of the construction unit.

6.10.3 Supervise and coordinate the construction and supervision bidding agency work, and provide relevant information for the smooth development of the bidding work.

6.10.4 Review the terms of the construction contract and report it to Party A for approval.

6.10.5 Handling supervision registration certificate, engineering construction permit and quality supervision and safety supervision report construction procedures.

6.10.6 Supervise the supervision unit to organize the construction drawing design technology to the bottom, and review and issue the minutes of the meeting. The Party involved in the construction period, the construction standards or the use of functions shall be reported to Party A.

6.10.7 Review the construction supervision plan prepared by the supervision unit, and supervise the supervision unit according to the approval plan.

6.10.8 Supervise the supervision unit to review the construction organization design.

6.10.9 Assist Party A to manage project and personnel insurance as required.

6.10.10 Assist the owner to handle matters related to the groundbreaking ceremony.

6.11 Construction Implementation 6.11.1 Supervise the supervision unit to do the construction gray line acceptance.

6.11.2 Review the design modification file, and the party concerned agrees with the cost and construction standards.

6.11.3 Review the implementation rules for construction supervision prepared by the supervision unit, and urge the supervision unit to carry out the work according to the approved rules.

6.11.4 Responsible for the interpretation of the terms of the contract.

6.11.5 Amendments and amendments to the terms of the contract.

6.11.6 Review contract claims and counterclaims.

6.11.7 Dealing with contract disputes.

6.11.8 According to the owner's requirements, the product standard and grade requirements for unpriced materials are proposed.

6.11.9 Coordinate the advance and retreat time of each independent contractor, municipal supporting unit and equipment supply unit and the corresponding construction period, and arrange the cross-construction sequence reasonably.

6.11.10 Collect detailed records of actual construction period and provide progress analysis report to Party A on a regular basis.

6.11.11 Review the report of the construction period claim submitted by the relevant unit.

6.11.12 Pre-examine the quality of equipment and materials for A, and submit it to the relevant units for use after acceptance according to the quality standards.

6.11.13 Submit the project quality report to Party A on a regular basis.

6.11.14 Organize the quality acceptance of each unit project.

6.11.15 Participate in the handling of project quality accidents, ascertain the cause and responsibility of the accident, report to Party A to record and supervise and inspect the implementation of the accident handling plan.

6.11.16 Coordinate the general layout of the construction to provide on-site conditions for each independent construction unit to be able to enter the site on time.

6.11.17 Supervise and inspect the establishment and improvement of the safety production management system of the construction unit, assist Party A to sign a safety production and civilized construction agreement with it, and implement the safety production responsibility system.

6.11.18 Regularly organize and check the implementation of safety production measures.

6.11.19 Participate in the investigation and handling of safety accidents, supervise and inspect the relevant units to achieve the principle of “three not letting go”.

Completion Acceptance and Delivery Use 6.12 Completion Acceptance 6.12.1 Organize the participating units to complete the project completion acceptance and complete the project completion record.

6.12.2 Supervise the supervision and review of the completion drawings and construction completion data.

6.12.3 Organizational engineering linkage test.

6.12.4 Completion of planning, fire protection, communication, environmental protection, sanitation, sanitation and epidemic prevention, transportation, labor protection, civil air defense, water supply, electricity, archives, real estate license, meteorological, static monitoring, etc.

6.12.5 Assist the owner to make final accounts.

6.12.6 Cooperate with the owner to carry out project audit work.

6.12.7 Organize the completion data and shoot the engineering video according to the relevant requirements.

6.12.8 Data archiving.

Article 7 Responsibilities of Party A 1. The implementation of funds is responsible for the implementation of the construction funds of the project. According to the contract provisions and the progress requirements of the project, the project funds, materials and equipment procurement funds and municipal supporting fees and various administrative expenses incurred in the project shall be verified and confirmed on schedule. All the fees collected by the competent department shall be timely and paid to the construction and supply contractors and other contractual units of the project.

2. Determine the functional positioning and design plan. Party A is responsible for determining the functional positioning of the project. After the design and bidding, the expert will propose the winning bid, and Party A will finalize the design winning bidding plan and optimize the preliminary design. The standard is confirmed.

3. Determining the general contractor of the construction 4. Determination of the main equipment materials 5. Understanding and mastering the progress of the project 6. Project acceptance 7. Provide Party B with the necessary working conditions, including on-site office conditions and technical information related to project management.

8. Pay the project management fee on time according to Article 6 of this contract.

Article 8 The composition of the service team The staff of Party B shall be the project manager and staff members with certain practical experience shall be formed into a work team. The list shall be clearly defined in the project management plan, and the project management of the project shall be carried out, and the project shall be gradually replenished according to the progress of the project. If the personnel of Party B are incompetent, Party A has the right to propose a replacement.

Article 9 The term of service shall be from the filing of the project to the completion of the project, and the filing and archiving of the project shall be completed. The time and the payment of the service from the tenth article to the project shall be based on the total investment of the project. The rate is 10,000 yuan for project management.

2. The total investment of Jian'an mainly includes: construction and installation engineering fees, estimated land fees, supporting capacity increase fees, green landscape fees, and engineering reserve fees. The construction and maintenance fee includes: civil engineering and construction engineering equipment costs, secondary decoration fees, etc. The project Jian'an Investment shall be subject to the sum of the relevant fees in the approved feasibility report, and shall be adjusted at the first rate according to this Article.

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3. During the temporary execution of this contract by Party B, Party B shall bear the labor expenses, wages, bonuses, allowances, personal insurance and vehicle usage fees incurred by the work within the scope of Party B.

4. Payment to the government management department and related to the project, such as design and construction bidding management fees, construction bidding agency fees, supervision fees, design fees, design plan compensation fees, conference fees during the design and construction bidding process, completion of the project The data preparation fee, the additional drawing fee, the municipal supporting fee and the relevant certification fee, quality supervision fee, insurance for the project and related personnel, customs declaration, tax, insurance, etc. incurred when Party B purchases equipment materials on behalf of Party A. For the warehousing, commodity inspection, domestic transportation and other expenses as well as the requirements of Party A, Party B shall bear the travel expenses incurred by Party B in the investigation and negotiation activities for the equipment materials.

5. Party B shall not receive income from the interests of the project beyond the scope of this contract within the scope of the project management work. In particular, it is not allowed to borrow project management work to absorb income that is not conducive to Party A’s interests.

6. The project management fee of this project is settled in RMB, and it is paid in installments according to the progress of the project. The amount of payment in each period is as follows:

Within one week after the signing of this contract, Party A shall pay Party B a percentage of the project management fee, and thereafter pay the % of the contract amount at the end of each quarter, and the balance shall be settled. A total of 3 pages, the current page 2 123 7. Due to Party A's reasons to increase the workload of Party B, such as the major changes in the project caused by Party A, the adjustment of the construction scale or construction standards, resulting in a substantial increase or decrease in the workload of Party B, according to The actual workload has increased and the two sides have resolved through friendly negotiations.

8. If the project management team proposes that the rationalization proposal does produce economic benefits, Party A will give 30% of the economic benefits generated as a reward.

8.1 “Probability Suggestion”: means that Party B optimizes the technical achievements provided by Party A's approved third party in the project management process by using the resources, technology or patents of the company. The demonstration is feasible and does not affect The opinions, suggestions, and technical achievements adopted by the Party A are not used to reduce the engineering standards.

8.2 After the adoption of the “rationalization proposal”, it has been proved by practice that the purpose of optimization has been achieved, and the calculation of engineering fees, operating expenses, etc. paid by Party A for the original plan, and the engineering fee paid by Party A for the new plan are required. The calculation and comparison of operating expenses, etc., and the cost saved by Party A, and approved by Party A.

8.3 Operational implementation method: After the implementation of the rationalization proposal, Party B, who submitted the rationalization proposal, will report to Party A, and report the content of the rationalization proposal, the file of the production process, the formation process, and the calculation book that generates the benefit as the subsidiary file to Party A. After the audit is approved, 15% of the savings will be paid to Party B in the form of project management fee payment.

Article 11 Liability for breach of contract 1. If Party A fails to perform its obligations in accordance with the contract, it shall be liable for breach of contract. If the project management fee is overdue, the project management fee of the project shall be paid in accordance with the management fee of the project. gold.

2. Party B does not perform its obligations in accordance with the contract, and Party B assumes the liability for breach of contract. For the second clause of this Agreement, it shall be liable for the actual loss caused, and the amount of compensation shall be the sharing loss fee × project management fee rate - tax.

3. Unless the parties agree to suspend the contract or the contract cannot be performed due to Party B's breach of contract, the defaulting party shall continue to perform the contract after undertaking the above-mentioned breach of contract liability.

Article 12 After force majeure force majeure occurs, Party B shall promptly take measures to minimize losses and notify the representative of Party A of the damage within 24 hours, even if it will study the rescue, repair plan, loss calculation, cleanup, etc. with Party A and construction units. The cost of repair. If the disaster continues, Party B shall report the victim to Party A every 7 days until the end of the disaster. Party A shall provide the necessary conditions for the handling of the victim.

The expenses incurred by the disaster shall be borne by Party A and Party B and the constructor respectively:

1. The damage of the project itself shall be borne by Party A.

2. The casualties of the person shall be the responsibility of the owner and bear the corresponding expenses.

3. The damage caused by the construction equipment and machinery and the loss of work stoppage shall be borne by the construction party.

4. The responsibility and expenses for the cleaning and repair work required shall be borne by Party A, Party B and the construction party.

Article 13 Others 1. The contract is effective This contract shall come into force on the date of signature and seal of the authorized representatives of both parties.

2. Termination of the contract This contract is terminated from the date when the project warranty expires in the construction general contract and the project funds are settled.

3. Matters not covered The contract and subsidiary files may be signed separately by both parties. Both Party A and Party B have the same legal effect as this contract.

4. The original of this contract is stipulated in duplicate, and the copy is duplicated.

Party A: Authorized representative of Party B: Authorized representative:

Date: Date: