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Landslide control project joint bidding agreement


Party A: ________ Road and Bridge Engineering Co., Ltd.

Party B: ________ Geotechnical Engineering Co., Ltd.

After the joint negotiation between the two parties, in order to obtain the construction tasks of the _______ landslide control project, this agreement is signed in accordance with the "Contract Law" and relevant state laws and regulations, and in accordance with the principle of equality and mutual benefit.

The first project overview

1.1 Project Name: ______ Landslide Control Project.

1.2 Project location: ___________________ .

1.3 Construction Content: All the engineering quantities included in the tender, that is, the contract signed between Party A and the construction unit, stipulates all the engineering quantities undertaken by Party A and all the changed engineering quantities that occurred during the construction.

The second contracting method

2.1 After the completion of the bid, the on-site construction general contracting will be implemented. Party B shall organize the construction team to complete the construction tasks signed under the guidance of Party A. Party B, as a labor subcontracting team under Party A, obeys the unified command and management of Party A during the construction process.

2.2 Party A delegates 4 personnel to participate in on-site management and establish an organization. The organization shall exercise all rights, obligations and responsibilities for the construction and completion of the project on behalf of Party A.

2.3 Party B completes the construction cost of the project. The construction cost M is based on the final calculation price of Party A and the owner's project, and 1 is deducted from Party A's management fee B=5%×t; 2 Party A pays ______ shares limited The company's management fee C = 3.0% × A;

Ie: M=ABC

M is the total project settlement price of Party B and Party A.

2.4 Project Department Fees

2.4.1 The salary of 4 persons in the project department shall be borne by Party B:

The salary is calculated at 4,500 yuan/month, and the salary of the fund is paid by Party A.

2.4.2 Office expenses, travel expenses, project department operating expenses, fixed assets discounts, closing fees, advertising and publicity fees, etc. All expenses related to the construction management of the project shall be borne by Party B.

2.4.3 The total project settlement price of Party B and Party A has included the mechanical equipment, test equipment, materials, tools, utilities, manpower, profits, labor insurance, taxes, insurance, risks and agreements invested by Party B to complete the above construction tasks. Explicit or indicative fees and all other costs and corresponding remuneration. Personal income tax and all other related expenses shall be borne by Party B.

2.4.4 After the parties sign the agreement, neither party may change the fees for the above-mentioned accrual ratio for any reason during the validity period of the agreement.

Article 3 Construction Period and Project Progress

3.1 The construction period is completed on time according to the owner's request.

3.2 Party B must carefully organize the construction in accordance with the construction plan provided by Party A and the weekly construction tasks, and must strictly obey Party A's construction organization to ensure the realization of the agreed construction period.

Article 4 Project Quality

4.1 Party B must carefully construct according to the construction drawings provided by Party A and the current construction technical specifications and operating procedures, and accept the supervision and management of Party A's on-site technical management personnel, so that the project qualification rate reaches 100%, and the excellent rate is over 90%. .

4.2 In the course of construction, if the quality cannot meet the requirements of the owner due to Party B's reasons, Party A has the right to request Party B to replace the management personnel and construction team to ensure the quality of the project. If due to Party A's reasons, Party B also has the right to ask Party A to replace the management personnel to ensure the quality of the project.

4.3 During the construction process, Party B must accept Party A's supervision and inspection of the quality of the whole construction process, and must also supervise and inspect the resident supervision engineer and relevant inspectors.

4.4 If there is a quality accident due to Party B during construction, Party B shall bear full responsibility, and Party B shall be responsible for all expenses incurred; if there is a quality accident during construction due to Party A's reasons, Party A shall bear full responsibility and the resulting All expenses shall be borne by Party A.

4.5 All individual project quality inspection, quality standards and acceptance criteria shall be implemented in accordance with the requirements of the owner's contract, but shall not be lower than the standards of “Technical Specifications for Highway Engineering Construction” and “Quality Inspection and Evaluation Standards for Highway Engineering” issued by the Ministry of Communications.

Article 5 Collaboration and cooperation

5.1 During the implementation of the agreement, Party A and Party B shall strengthen coordination and cooperation and timely negotiate and deal with the new situation arising during the implementation period of the agreement.

5.2 In order to ensure the smooth progress of the project, Party B shall make the contact and cooperation of the various teams in charge, and minimize mutual interference and reduce unnecessary losses.

5.3 Party B's commitment: For the construction process, the operation time of the process, the temporary adjustment of the sequence, the interference of the process cross-parallel operation, the common phenomenon such as the climate impact and the loss caused by the outstanding force majeure are all risks that Party B should consider.

Article 6 Inspection and Valuation

6.1 Both Party A and Party B shall open a joint account with the bank in this project. The seal of the person in charge of the financial department and the seal of the person in charge of the unit shall be kept by the financial controller of Party A, and the special financial seal shall be kept by Party B.

6.2 After each medium-term measurement, Party A shall, according to the disbursement of the construction unit funds, be based on the actual amount of work completed by Party B and approved by the owner as the measurement basis. Party A shall pay the amount according to the contract and pay to Party B.

6.3 Party A shall deduct the amount of the insurance deposit deducted from the construction unit in the middle of the measurement payment, and deduct it from the amount paid by Party A to Party B. After the completion of the project defect acceptance period, the construction unit shall return the quality guarantee money to Party A. The amount is paid to Party B in proportion.

6.4 When Party A pays Party B the payment for the inspection, Party B must have complete procedures, and at the same time hold the agreement and the valid ID card. Party B's principal who handles the settlement of the project price and its financial procedures must be an authorized representative of Party B who is clearly consistent with the contract and holds a power of attorney. Party A shall not delay the payment of the payment of the labor payment to Party B. If Party A delays the payment of the wages of the migrant workers, Party A shall bear full responsibility.

6.5 After the completion of the project, both Party A and Party B shall go through the preliminary settlement procedures, and finalize the creditor's rights and debts settlement with the final meter and settlement statement and the agreement, and go through the formalities for exit. The balance of the inspection and measurement shall be paid in proportion to the actual situation of the owner's funds, excluding interest.

Article 7 Materials and Equipment

The materials and equipment required for the project shall be purchased by Party B at its own expense. The quality of the materials required for the project must be verified by Party A before use. The quality of the materials is ultimately guaranteed by Party B, and Party A does not assume responsibility for the unqualified quality. If Party B needs Party A to help provide materials, Party B shall bear all expenses incurred by Party B, and Party A shall deduct the project price from Party B.

Article 8 Party A’s responsibility

8.1 In the bidding process, participate in the bidding, prepare bids in the name of “________ Co., Ltd.”, and lose all bids and related matters with the owners after winning the bid.

8.2 Before the construction, provide technical drawings and other relevant materials for Party B, and cooperate with the technical personnel of Party B to conduct the review.

8.3 Party A is responsible for providing performance bonds for this project.

Article 9 Party B's Responsibility

9.1 Do a good job in public relations, assist in bidding, and ensure winning the bid.

9.2 According to the project construction period, the number of projects and the terms of each agreement, Party B must timely organize enough construction teams and construction machinery to enter the site in accordance with the terms of the agreement to ensure a balanced production capacity after the start of construction.

9.3 Party B must follow the design files provided by Party A, the supervision regulations and the “Technical Specifications for Highway Engineering Construction”. Obey the inspection, supervision and guidance of Party A, the owner, the supervisor and other departments to ensure the quality of the project. Unqualified projects must be reworked, and the expenses incurred by them shall be borne by Party B.

9.4 Establish a sound and complete quality self-inspection system, equipped with corresponding testing equipment and professional technicians. If the inspection experiment cannot be completed by itself, the qualified unit may be entrusted to carry out the inspection after approval by the supervisor, and the expenses incurred by Party B shall be borne by Party B.

9.5 During the construction process of Party B, the incurred expenses, damage to surrounding buildings, safety accidents, etc. shall be borne by Party B.

9.6 During the construction process, Party B shall bear the “Construction Environmental Protection Contract” signed by Party A and the owner, and “Construction Guarantee Agreement” to do environmental protection and security protection work, otherwise all consequences and economic losses caused by Party B shall be borne by Party B. The contents of the aforementioned contract are executed together as an attached file of this contract.

9.7 The use of explosives and flammable products shall be carried out in accordance with the safety regulations and shall be supervised and inspected by Party A and the local functional management department.

9.8 The person in charge of Party B's contract must insist on long-term management at the site. If you need to leave the site for special reasons, you must go to the site responsible person of Party A for leave, and you can leave without permission. At the same time, arrange on-site management.

9.10 Party B shall not use Party A and Party A's project manager to engage in various activities unrelated to the project. Otherwise, Party A has the right to terminate the contract, and the losses and consequences caused by Party B shall be borne by Party B.

9.11 Party B must lose social insurance and life insurance for its subordinates. The consequences of this breach of contract are the same as those of Party B.

Article 10 Safety and Civilization Construction

10.1 Party B shall conscientiously implement the policy of “safety first, prevention first” during construction, and regularly carry out safety disclosure, safety education and publicity for its employees, and in accordance with this Agreement and various rules and regulations concerning construction safety and this project. Features, develop and take necessary safety protection measures, comply with safe operating procedures, eliminate illegal operations, ensure construction safety, and avoid accidents. Due to Party B's own ineffective safety measures, poor management, poor safety protection awareness and all safety accidents caused by violation of regulations, Party B shall handle the costs incurred by Party B and Party A shall have the right to impose safety penalties on Party B.

10.2 In order to ensure the safety of personnel entering the site, Party B shall take necessary protective measures in places where danger may occur, set lighting and warning signs, and arrange on-site command of safety responsible personnel. The expenses shall be paid by Party B.

10.3 Party B shall conduct civilized construction education for its personnel. All on-site construction personnel must consciously abide by Party A's various on-site management regulations, maintain Party A's good social image, and prevent all uncivilized phenomena from happening. If a violation is found, Party A will impose a fine of violation, and if it fails to change the teaching and has no corrective effect, Party A has the right to order Party B to clear the party.

10.4 All participants of Party B must hold an identity card and report it to Party A's security department for filing.

10.5 Party B must strengthen transportation management in accordance with the provisions of the state and local government departments, otherwise all losses and all liabilities caused by Party B shall be borne by Party B.

Article 11 Liability for breach of contract

11.1 If Party B has one of the following circumstances, Party A has the right to terminate the agreement, recover the project and investigate Party B's liability for breach of contract, and at the same time, clear Party B to the scene. Party B must withdraw unconditionally within 10 days from the date of receipt of Party A's notice of withdrawal. Otherwise, Party A has the right to enforce it, and Party B shall bear all losses and consequences arising therefrom.

11.1.1 After Party A organizes inspection and Party B has serious problems in construction progress or quality, Party A issues the first warning to rectify within a time limit; if Party B is still ineffective, and the rectification has no effect, Party A will issue a second time to Party B. Warning; at the same time, Party B is given a 5-day observation period, and the situation has not changed or the rectification is not ideal;

11.1.2 If the construction quality of Party B fails to meet the requirements, Party A has the right to request Party B to rework or repair without compensation, and the rework and warning still fail to meet the specified quality requirements;

11.1.3 Party B's construction progress will not meet the requirements, seriously affecting the progress of the entire tender section, and if it is unable to meet the requirements after being supervised or warned;

11.1.4 Party B’s serious breach of contract makes the agreement unfulfillable;

11.2 Party B shall not subcontract or subcontract the project in any form. Otherwise, Party A has the right to take back the project and to order it to withdraw from the project. At the same time, Party B shall impose a fine of 2% of the total value of the completed work of Party B, and Party B shall bear the losses caused by the withdrawal.

Article 12: Performance guarantee

Party B shall pay Party A a deposit of 300,000 yuan. If Party B has no such breach of contract, Party A shall return the interest to Party B within 15 days after the acceptance of the project.

Article 13 Quality Assurance

According to the owner's request.

Article 14 Termination of the contract

Under normal performance conditions, the construction of this contract is completed, and the relationship between the parties is terminated after the last liquidation. If there is surplus funds after financial settlement, it will be converted into creditor's rights and debt relationship, without interest.

In the event of a contractual dispute, the parties shall resolve it in a fair and reasonable manner.

Article 15: The contract takes effect

This contract is effective on the date of signature and seal, and has legal effect.

Article 16 This contract is in quadruplicate. Both parties shall hold two copies and have the same legal effect.

person A person B_______________________

Legal representative ____________________ Legal representative _________________

Attorney ____________________ Attorney _________________

Phone: ________________________________ Phone: _____________________________

Date: ________________________________ Date: _____________________________

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