Party A: (hereinafter referred to as Party A) Party B: (hereinafter referred to as Party B)
In order to give full play to the respective advantages of Party A and Party B, open up the market and develop together, and to clarify the responsibilities, rights and obligations of both parties, in accordance with the relevant spirit of the Contract Law of the People's Republic of China and the actual situation of this project, both parties have reached the following agreement based on the principles of equality, voluntariness and mutual benefit, and both parties shall abide by it.
Article 1. General situation of the project
A, project name:
Second, the project site:
Third, the construction content and scope:
Fourth, the project quality:
V. Time limit:
VI. Ways of cooperation:
Party B shall be responsible for providing social information resources and funds, and cooperate with Party A to bid for the winning construction project. After Party A signs the Construction Contract with the owner, both parties will jointly set up the project department, and Party B will be responsible for organizing the funds, materials and labor, and organize the construction according to Party A's project management requirements, with independent economic accounting and self-financing.
Article 2. Project management mode
I. Project contract management
1, Party B must obey the unified management of Party A, coordinate and direct, and accept the guidance, supervision, coordination and inspection of project personnel appointed by Party A on the project quality, time limit, safety and civilized construction.
2. Party B shall be fully responsible for fulfilling the Construction Contract of Construction Project and the supplementary terms agreement signed by Party A and the owner, and assume all responsibilities and obligations. In case of breach of contract due to Party B's reasons, Party B shall bear all liabilities for breach of contract.
7[ 1][ 1]. Construction cooperation agreement (revised template)
3. The main construction team of the project is selected and recommended by Party B, and it is required to use an independent legal person enterprise (labor service company) with the qualification of employment subject, and submit it to Party A for approval. Without Party A's permission, Party B is not allowed to subcontract the project, let alone subcontract and illegal subcontracting activities.
Second, the project team management
1, Party A and Party B * * * set up a project team to meet the construction requirements according to the requirements of the owner.
2. Party B's personnel entering the project department must have the qualification certificates and employment certificates with corresponding qualifications, and submit relevant materials to Party A for review and filing.
Article 3. Project management fees and security deposit
1, Party B shall pay management fees (excluding taxes and fees of relevant departments) to Party A according to the total project settlement cost, which shall be collected and paid by Party A.. The management fee can be returned as a reward for the project that is managed in strict accordance with the requirements of the company's quality, environment and occupational health and safety integration certification.
2. Payment time of management fee: Party A is responsible for reviewing and confirming the actual amount of work completed by Party B. After the project payment arrives, Party A will deduct management fee, taxes, salaries of personnel stationed in the project, fees, warranty payment and other agreed fees accordingly.
3. Party B is responsible for all expenses incurred in the bidding and contract performance of this project.
4. The expenses such as advance payment, deposit, performance bond and guarantee agreed in the contract shall be borne and solved by Party B..
5. Party A and Party B agree that Party B shall pay a deposit (including 0.7%) to Party A at 2% of the total contract price (which can be adjusted after asking for instructions according to the project scale in special circumstances). Deposit for establishing accounts (quality, environment, occupational health and safety, progress deposit) can be paid in stages according to the progress of the project.
Article 4. Composition of project management personnel and salary standard
1, Party A is appointed as the project management representative of Party A, and the rest of the project management personnel are.
2. The salary standards of Party A's personnel stationed in the project are: (including five types of insurance). Party B provides accommodation, and Party B pays the salary of Party A's personnel stationed in the project to Party A on time every month, which is paid by Party A..
3. If Party A's project personnel encounter company study and training during the project implementation, Party B shall provide unconditional support and pay wages as usual.
7[ 1][ 1]. Construction cooperation agreement (revised template)
4. Party B is appointed as Party B's project management representative, and the remaining project management personnel are.
Article 5. Financial Management
I. Fund management
1, the project funds must be uniformly transferred to the account designated by Party A or the * * * management account. After each fund of the project arrives in the account, Party B shall draw up a fund payment plan, which shall be submitted to Party A for examination and approval after being signed by the project supervisor assigned by Party A, and the financial personnel of Party A shall supervise the payment.
2. After deducting management fees, taxes and other related expenses, Party A shall pay the project funds to Party B in proportion to the completion of the project image progress, and Party B shall use them for special purposes and shall not misappropriate, borrow or use them together. Without Party A's permission, Party B shall not collect any project fees related to the project from the owner without authorization, otherwise Party A has the right to terminate the contract immediately.
3. The fund payment plan must first ensure that the wages of migrant workers in the project are paid in time and in full. If Party B is punished or notified by the construction administrative department for default, all the consequences arising therefrom shall be borne by Party B, and Party A has the right to pursue economic compensation. If there is a petition, a penalty of one to fifty thousand yuan.
Second, the accounting management
1. Before the project starts, Party B must pay an account establishment deposit of seven ten thousandths of the contract price of the project.
2. After the project starts, Party B shall establish and improve the financial accounting system in line with Party A's requirements according to the relevant national rules and regulations, be responsible for accounting work, and submit accounting statements on time. After the project is completed, the accounting data of the project will be returned to Party A after passing the acceptance.
3. Party B shall complete the financial final accounts with the owner within 6 months after the completion of the project, otherwise, Party B shall take the initiative to put forward the priority claim for compensation of the project price until it applies to the people's court for support. Before the final payment of the project is paid, Party B shall make a legal commitment to Party A to pay off the debt, and send the financial information (original) related to the project to Party A's financial department for filing before paying according to the specific situation.
4. After the settlement of the project, Party A and Party B shall perform the financial settlement procedures to ensure the economic interests of both parties.
III. Tax Administration
7[ 1][ 1]. Construction cooperation agreement (revised template)
1 It is the duty of every citizen to pay taxes according to law. During the construction of this project, Party B must pay business tax, urban construction tax, education fee and other taxes payable according to law (income tax shall be paid by Party B according to relevant national regulations). After the project funds arrive in the account, Party A shall withhold business tax, urban construction tax, education surcharge, local education surcharge and other taxes in proportion. If it is withheld and remitted by the owner, it shall provide the relevant procedures for entrusted withholding and remittance issued by the tax authorities, and provide effective tax payment vouchers.
2. The trade union funds shall be paid to Party A in accordance with the relevant provisions of Sichuan Provincial People's Government Sichuan Office (2006) 187 "Implementation Opinions on Funds and Trade Union Reserve Funds Collected by Local Taxation Departments", such as 0.3% of the trade union reserve funds, which shall be paid by Party A in a unified manner.
3. The contract stamp duty shall be deducted from the first progress payment by 0.03% of the contract stamp duty.
Article 6. Management of Quality, Safety, Standardization, Progress and Engineering Technology
A, project quality management
1, Party A and Party B agree that after the quality of Party B's project meets the relevant national technical specifications and the requirements of the owner, Party A will return the quality deposit to Party B, otherwise it will be punished.
2. Party B shall carefully organize and construct in strict accordance with Party A's requirements, and consciously accept the quality supervision and inspection by the appointed personnel. Actively carry out the three integrated certifications of quality, environment and occupational health and safety, and seriously cooperate with the arrangement and inspection of the three integrated certifications of the company to create excellence and win the cup.
3. If the project fails to meet the quality requirements, Party B shall rectify it in time, and bear all expenses and responsibilities arising therefrom. Party A shall consider the quality accident and make corresponding punishment.
Second, the engineering occupational health and safety management
1, Party A and Party B agree that Party B meets the requirements of occupational health and safety objectives (no major casualty accidents, and the frequency of minor injuries is lower than 1.5? ), Party A will return the occupational health and safety deposit to Party B, otherwise it will be deducted.
2. Party B shall set up full-time security personnel at the construction site, implement the responsibility system for production safety, and do a good job of safety technical disclosure before construction to prevent heavy casualties. Party A or its dispatched personnel have the right to correct, fine or immediately stop their work if they find unsafe behaviors and hidden dangers in the construction.
3. During the implementation of the Interim Measures for the Dynamic Management of Safety Production License of Construction Enterprises in Sichuan Province, they were punished by the relevant government departments for violating the relevant provisions of safety management or failing to meet the requirements of safety evaluation and safety inspection.
7[ 1][ 1]. Construction cooperation agreement (revised template)
Penalty, informed criticism or deduction of enterprise safety license, Party A will punish according to the seriousness of the case.
4. In case of any safety accident during the construction, Party B shall bear the index responsibility, the compensation liability and all economic losses arising therefrom.
5. If insurance is required, it shall be handled by Party B, and the expenses shall be borne by Party B, and the original insurance documents shall be submitted to Party A..
Third, the environment, standardized management
1, Party A and Party B agree that Party A will return the deposit to Party B if Party B meets the standard of standard chemical industry required by Party A, otherwise, it will be fined.
2. Party B shall, according to the requirements of Party A, uniformly make the signs, plates and emblems of the construction site.
3. Party B is responsible for the hardening of the construction site and the dust control in the construction site necessary for the safe and civilized construction of the project. If there is a safety accident or uncivilized construction behavior during the construction, all losses and consequences will be borne by Party B itself, including the indicator responsibility and the compensation responsibility.
Fourth, schedule management
1, Party A and Party B agree that if Party B meets the requirements of the overall progress in the construction contract signed by Party A and the owner, Party A will return the deposit to Party B.. Otherwise, it will be punished.
2. Party B shall meet the requirements of the overall progress in the construction contract signed by Party A and the owner. Party B is fined for failing to meet the requirements of the overall progress in the construction contract signed by Party A and the owner, and all its economic losses shall be borne by Party B..
3. If the construction period agreed by the owner is postponed, Party A will postpone Party B accordingly.
Five, engineering data management
Party B shall, according to Party A's requirements, do a good job in data collection and arrangement during the construction process, and develop according to the company's Sichuan Fourth Construction Company.
[2007] No.21requires a deposit system, and the amount of the deposit for the completion data of this project is (2-5) ten thousand yuan only, and the deposit is withheld in the project payment. After the completion of the project, the deposit can only be returned to Party B after all the complete files are handed over to Party A's archives room. If the completion data cannot be handed in as required, the deposit will be confiscated.
Six, the factors of production management
Party B shall not sign a contract in the name of Party A's company or the project department for material procurement, labor employment, turnover materials, machinery and equipment leasing, etc. If it is really necessary to sign a contract, it must obtain Party A's consent in advance and give priority to payment according to the contract.
7[ 1][ 1]. Construction cooperation agreement (revised template)
No default. All contracts signed by Party B involving cooperative projects shall be submitted to Party A for filing.
Article 7. Liability for breach of contract
1. If Party B fails to perform or fails to perform the Construction Contract and the supplementary agreement signed by Party A and the owner as agreed, Party A has the right to unilaterally terminate this contract and unilaterally dispose of this project, without returning the performance bond, and shall investigate Party B's liability for breach of contract and compensation for economic reputation according to law.
2. If Party B is severely punished by the administrative department of construction due to reasons such as project quality, safety, wages of migrant workers and environmental protection, and bears administrative punishment, if Party A stops bidding once due to exposure, it will be punished according to 1% of the total settlement price. At the same time, if Party B refuses to pay the wages of migrant workers without reason, Party A has the right to directly withhold and pay the balance of Party B's settlement.
3. During the construction period, the project is under the jurisdiction of the construction, and the safety production and standardization inspection of the construction site in the urban area in each quarter must be qualified. If it is unqualified, it will be punished according to the seriousness of the case.
4. If the safety evaluation of the project on the completion acceptance record is unqualified, it will be punished according to 1% of the total settlement price.
5. Party B shall bear the labor disputes and economic expenses caused by the signing of the labor contract, employees' salaries, payment of social insurance premiums and other reasons.
6. If legal disputes arise due to Party B's reasons, all economic losses caused shall be borne by Party B..
Article 8. Dispute Resolution Methods
During the performance of the Contract, if there is any dispute between Party A and Party B, both parties shall settle it through negotiation; if negotiation fails, they shall bring a lawsuit to the people's court where Party A is located.
Article 9. The Construction Contract and the supplementary agreement signed by Party A and the owner are effective annexes to this contract agreement and have the same legal effect as this agreement.
Article 10: This Agreement shall come into force as of the date of signature and seal by both parties; After the completion of the project, when the Construction Contract signed by Party A and the owner is fulfilled, the owner pays the completion fee, and it will automatically become invalid after both parties settle the economic and technical matters.
Article 11. For matters not covered in this Agreement, Party A and Party B shall negotiate separately.
7[ 1][ 1]. Construction cooperation agreement (revised template)
Party A: Party B:
Legal representative or entrusted agent:
Telephone/fax: or entrusted agent: telephone/fax:
Date of signing: year month day
Signing place:
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