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Template of joint development agreement for water conservancy and hydropower projects

Joint Cooperation Agreement

Party A: (hereinafter referred to as Party A)

Party B: (hereinafter referred to as Party B)

In order to speed up the enterprise development, promote horizontal alliances, mobilize the enthusiasm of all parties, improve the company's visibility and economic benefits, and improve the contracting management responsibility system. After agreement between Party A and Party B, Party A has contracted the management rights to undertake water conservancy project business in the ++++ area to Party B. In order to Clarify the responsibilities of both parties and sign the following agreement terms:

1. Within the above-mentioned area, the engineering business undertaken by Party B on behalf of Party A shall be independently operated, independently accounted, and responsible for its own profits and losses. Do a good job in business under the circumstances.

2. Party A first provides information for registration at the ++++ Water Resources Department. After obtaining the registration certificate, Party B will start the business of opening a branch according to the market or Party B’s needs. If it is necessary to open a branch, Party B Set up a fixed office location in the place of business in accordance with the requirements of the construction administrative department. Party A and Party B sign a lease agreement, but Party A does not need to pay rent. Party B is equipped with sufficient office facilities and staff to carry out engineering business on behalf of Party A in the place of business. , and at the same time must accept the inspection of the local construction unit, implement the relevant rules and regulations of Party A's company, and establish a good corporate image of Party A. The originals of various certificates that Party B has registered for Party A at +++++ will be handed over to Party A for safekeeping. Party B will be responsible for the annual inspection and annual review of various certificates during the cooperation period. After the cooperation is terminated, the right of use belongs to Party A and has nothing to do with Party B. Party B shall not interfere with Party A's future use for any reason.

Three or three full years are an operating period. In each contracting year, Party A charges Party B an annual basic joint venture fee of RMB 300,000. This amount is paid at the beginning of each year after the joint venture agreement is signed. RMB 200,000 is paid annually. Pay 100,000 yuan.

1. The joint venture between the two parties adopts the method of annual fee plus management fee. When the output value of the projects contracted by Party A in a joint venture year is ≤ 15 million yuan, Party A only charges Party B’s basic fee of 300,000 yuan for the current year. When Party A undertakes projects with an output value of >15 million yuan in a joint venture year in Gansu Province, Party A will charge a management fee based on 2% of the funds received from the completed project output value, and no annual basic fee will be charged this year.

2. The performance guarantee, various bank guarantees, bid deposits and other expenses incurred by Party B in contracting the construction project business shall be paid in full by Party B, and Party A will not bear the processing fees; Party A is required to provide guarantee information to apply for the letter of guarantee. When doing so, it must be approved by Party A’s finance department. All taxes and fees paid in Gansu during the construction of the project shall be paid by Party B.

3. Party A provides Party B with a tax management certificate for overseas business operations issued by the local taxation bureau where Party A is located, and Party B pays 1% of the actual funds disbursed for the project (to be modified separately by the taxation department if there are new regulations). Party A pays Party B's project income tax, and then Party A allocates the project funds to Party B. The requirements for Party B's bill reimbursement to Party A are: one-third for machinery invoices, one-third for material cost invoices, and one-third for labor wages. (Attach a copy of your ID card after the salary table) The invoice provided must be a true invoice.

4. After winning the bid, the two parties will sign a joint construction agreement for the specific project, but the content of the construction agreement cannot conflict with the joint venture agreement.

4. During the period when both parties are qualified, Party B will undertake the project according to the actual local conditions to ensure the smooth implementation of the project and the sustainability of development, and shall not blindly participate in project bidding. The preparation of bidding registration, prequalification, bidding documents and other materials shall be completed by Party B, and shall be reviewed and signed by Party A; any travel expenses and other expenses incurred during this period shall be borne by Party B.

5. Party A provides 3-5 registered construction engineer certificates and other required certificates for registration at +++, and Party B is responsible for all costs of Party A’s enterprise registration in Gansu Province.

6. When Party B needs to go to ++++ for bidding, the cost of personnel on site is 1,000 yuan for general personnel and 3,000 yuan for project managers. Party A is the person who comes to Party B to bid +++, and Party B will be responsible for all transportation and other expenses whether he wins the bid or not.

7. Project Management:

1. After signing the contract during the project, Party B must strictly fulfill the terms of the construction contract signed by Party A and the owner, and bear all the responsibilities stipulated in the contract. Party A's responsibility is to effectively maintain Party A's credibility; to unconditionally cooperate with Party A and Party A's representatives or Party A's on-site management personnel in the supervision and management of the project and bear all costs.

2. After winning the bid for the project, Party A will open a bank account at the location of the project, and the account will be managed by Party A’s representative. The project funds must be allocated to Party A's head office first. Party A's head office deducts the management fee, 1% quality deposit, 1% safety deposit and various taxes and fees payable in Gansu based on the actual funds received, and the remaining funds are promptly Remit it to Party A's bank account opened in Gansu; Party A must obtain Party B's consent before making payment for the project. No project payment shall be made without Party B's consent. Party B shall not divert the project funds for other projects. , must be earmarked for special use.

3. Party B who wins the bid for the project must set up a project department according to the owner's requirements and submit it to Party A for approval. Party A and the official seal of the project department shall submit it to the representative in Guangzhou on time and provide services for the project.

The official seal of the project department can only be used for business reports and technical data compilation and submission related to this project. It cannot be used to sign material purchase contracts, labor contracts, economic IOUs, or IOUs; it is not allowed to incur any bond debts in the name of Party A and the project department. relation. Any person who signs valuable documents involving Party A’s interests in the name of Party A or Party A’s branch or project department is clearly deemed to be intentional fraud, and Party A has the right to request the procuratorate to file a case for investigation.

4. For the construction projects that Party B is responsible for implementing, safety construction must be given top priority, strict safety production measures should be formulated, safety education should be strengthened, safety awareness should be improved, and safety operating procedures should be strictly implemented. If a construction safety accident occurs to Party B Party B shall be responsible for paying all expenses and bearing relevant legal liabilities for any personal or property accidents caused by lack of or improper precautions, and Party A shall not bear any liability.

5. During project construction, a complete project quality assurance organization must be established, incorporated into Party A’s ISO9001 quality management system, formulate strict quality assurance measures, and accept inspections of project quality by owners, supervision and supervisory departments. and supervision to ensure that the project quality meets the contract requirements and that the company has a good reputation in the location where the project is located. All costs incurred due to construction quality shall be borne by Party B.

6. Party A will inspect the quality of the project from time to time and listen to the evaluation of the construction project that Party B is responsible for from the owner and the supervisory department. Party B will assume that the construction quality and construction period of the project do not meet the contract or national standards. When the owner reports criticism due to construction requirements, Party A has the right to withhold project funds, order Party B to stop work, and replace the construction team. Party B will be fully responsible for all economic losses caused.

7. For projects with a winning bid of less than 10 million, in principle, Party A will appoint one manager to manage the project site. However, if the owner or the contract requires Party A to send personnel to the site, Party A will appoint a manager to be present. manage. The total salary and subsidy is 8,000 yuan per person per month, which shall be paid by Party B to Party A; the accommodation, meals, travel expenses, communications and other expenses incurred for project management of all management personnel shall be borne by Party B. Any expenses exceeding 10 million yuan shall be borne by Party B. Party A shall dispatch at least 1-2 people to the construction site for on-site management, or both parties shall negotiate the number of personnel to be dispatched.

8. During the construction process, Party B shall prepare construction materials in a timely manner in accordance with the requirements of the owner and supervisor. After the completion of the project, Party B will hand over the complete quality inspection and completion acceptance appraisal data stamped and signed by the owner and relevant departments to Party A. One serving.

9. Party B must establish financial accounts for each winning project, keep detailed records of the use of project funds, ensure that the funds are earmarked, and must withstand the inspection and audit of superior authorities to ensure the smooth progress of the project. .

10. After the project is completed, the completion acceptance data are handed over to Party A, and the special bank account is closed. If there are no quality or safety incidents, Party A can allocate the deposit held in the bank account to Party B in one go.

9. Rewards and penalties:

1. If the project contracted by Party B in the name of Party A wins a reward at or above the provincial level (including provincial level), Party A will give Party B certain rewards. The specific reward amounts are: 10,000 yuan for provincial and ministerial engineering awards, and 50,000 yuan for national engineering awards.

2. During the contracting period, if the following situations occur to Party B, in addition to bearing all responsibilities and losses, Party A will also impose corresponding penalties on Party B according to the following standards; ① Bid rigging, bid rigging and falsification of bidding materials ; If the construction of the winning project causes serious construction safety and quality accidents, and is notified by relevant departments and prosecuted by relevant departments when handling various economic disputes, which seriously affects the reputation of the enterprise; if the company is notified and punished by the national administrative unit, Party B will pay compensation to Party A Party B shall compensate Party A with a compensation of RMB 500,000; ② If the Gansu Provincial administrative authorities give notice or punishment, Party B shall pay Party A a compensation of RMB 250,000; ③ If the prefecture-level administrative authorities give Party B a notice or punishment, Party B shall pay Party A a compensation of RMB 250,000. The compensation is 100,000 yuan; ④ Party A has the right to unilaterally terminate the contract; if there is a serious violation of the law, Party B must be held legally responsible.

3. If Party B is unable to register and bid within the scope of the agreement due to Party A’s human reasons, Party A will refund the basic fees for the year in proportion according to the execution time of the agreement.

4. Party B must seek instructions from Party A in advance if it exceeds the scope of the agreement and goes out of province to register.

10. After the joint venture agreement between Party A and Party B is terminated, Party B must continue to perform the construction management responsibilities of the unfinished project and continue to bear the wages, transportation, and transportation of Party A's construction site management personnel and Party A's dispatched coordination representatives. Living expenses until the project is completed and accepted.

11. The cooperation period is 3 years (the effective date of the joint venture agreement is the date of completion of the registration with the Gansu Provincial Department of Water Resources). After the expiration of this agreement, Party A and Party A will negotiate for renewal. From 2014 to 2017.

12. If any special problems are encountered during the implementation of this agreement, they will be resolved by Party B through negotiation.

13. This agreement is made in two copies, with each party holding one copy; it will take effect after both parties sign or seal it.

Party A: Party B:

Representative: Representative:

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