Measures of Ji 'nan Municipality on the Administration of Agent Construction System for Government Investment Projects
Chapter I General Provisions
Article 1 In order to further deepen the reform of the investment system and improve the management level and investment efficiency of government investment projects, these Measures are formulated in accordance with the relevant provisions of the state and the province and in combination with the actual situation of our city.
Article 2 The term "government investment projects" as mentioned in these Measures refers to fixed assets investment and construction projects that are approved by the municipal government, conform to the economic and social development planning, the overall urban planning, the overall land use planning, the ecological environment protection planning and other related plans, and use the general budget funds of the municipal finance, government funds, the management funds of special financial accounts and other financial funds stipulated by laws and regulations, and use the bank policy loan funds.
Article 3 The term "agent construction system" as mentioned in these Measures refers to the system in which a specialized project construction management unit (hereinafter referred to as the agent construction unit) is selected to be responsible for the implementation, organization and management of municipal government investment projects, and is handed over to the project user unit (hereinafter referred to as the user unit) after the completion acceptance.
Article 4 The municipal government investment projects with a total investment of 6,543,800,000 yuan (inclusive) and government investment accounting for more than 50% (inclusive) within the administrative area of this Municipality may be implemented on an agent basis in accordance with the provisions of these Measures.
Fifth the following municipal government investment projects are applicable to the agent construction system:
(a) the business premises, training and education premises of the organs and organizations;
(two) education, science and technology, culture, health, sports, civil affairs, labor security and other social undertakings;
(3) Political and legal facilities such as criminal detention centers, administrative detention centers, drug rehabilitation centers, prisons, fire-fighting facilities, trial rooms and technical reconnaissance rooms of procuratorates;
(four) ecological construction, environmental protection and other projects;
(five) urban infrastructure, municipal public works and other projects;
(six) other non operating government investment projects.
Transportation, water conservancy and other municipal government investment projects shall be implemented with reference to the Measures for the Administration of Construction Agent System for Highway Construction Projects (Order No.3 of the Ministry of Transport No.2015) and the Notice of the Ministry of Water Resources on Printing and Distributing the Guiding Opinions on the Management of Construction Agent System for Water Conservancy Construction Projects (No.915). Office building projects shall be implemented in accordance with relevant regulations; Projects involving national security and confidentiality shall be implemented in accordance with relevant state regulations.
Sixth municipal government investment projects on behalf of the construction methods include phased construction and the whole process of construction, according to the actual situation of the project to determine the specific construction methods.
(1) Construction by stages. It is divided into two types: preliminary work generation and construction implementation generation.
The preliminary work of agent construction refers to the management of the feasibility study, investigation and preliminary design of the agent construction project by the successful agent construction unit according to the approved project proposal or government investment plan and long-term planning.
The construction and implementation of the agent construction system refers to the management of the construction drawing preparation, construction, supervision, procurement and completion acceptance of the project by the successful agent construction unit according to the approved preliminary design.
(two) the whole process of agent construction refers to the management of the pre-project and the whole construction process by the winning agent.
Article 7 The municipal development and reform department is the organization and implementation organization of the agent construction management of municipal government investment projects, and the municipal major projects office is specifically responsible for taking the lead in coordination, organizing implementation and comprehensive supervision.
The municipal finance department is responsible for the fund management of the construction project; The municipal audit department is responsible for auditing and supervising the construction projects; The municipal supervision department is responsible for supervising the administrative acts of the relevant departments of the agent construction work, and investigating and handling violations in accordance with the law.
Industry leaders and relevant functional departments shall, according to their respective responsibilities, do a good job in the supervision and management of construction projects.
Article 8 The project construction unit shall determine the organization and implementation organization according to law through bidding. In any of the following special circumstances, the user (who is not a municipal government department, should first obtain the consent of the competent department of the municipal government) shall apply to the organization and implementation agency, and can directly determine the agency construction unit after being approved by the municipal government:
(1) Involving national security or having special confidentiality requirements;
(2) Involving emergency rescue and disaster relief;
(three) there are special requirements for technology and engineering quality.
Once the construction unit is determined, it shall not be changed or subcontracted without authorization.
Ninth municipal government investment projects to implement agent construction contract management. After the construction unit is determined, the organization, the user and the construction unit shall sign a construction contract, and clearly stipulate the rights, obligations and liabilities for breach of contract of all parties in the contract.
Chapter II Division of Responsibilities
Article 10 The organization and implementation agency shall perform the following duties:
(a) in the examination and approval of the project proposal, feasibility study report or issued an investment plan, to determine the municipal government investment project agent;
(two) to determine the construction unit in accordance with the provisions of these measures;
(3) Organizing the signing of construction contracts and signing supplementary contracts as required;
(four) to supervise the construction activities of the construction unit;
(five) after the completion and acceptance of the construction project, the bank performance bond of the construction unit shall be issued in time;
(six) the establishment of construction project files;
(seven) to coordinate the relevant matters in the construction;
(eight) other duties as determined by the municipal government.
Article 11 When inviting tenders, the organizing and implementing agencies shall examine the qualifications, reputation, performance, economic strength, professional and technical personnel, technical equipment and other conditions of the units participating in the bidding of government investment projects. Units that have not passed the qualification examination shall not participate in the bidding activities of municipal government investment projects on behalf of the construction unit.
Under any of the following circumstances, they shall not participate in activities related to the construction of municipal government investment projects: they shall be ordered to suspend business according to law; Major accidents have occurred in the projects undertaken in the past three years; In the past 3 years, there have been other bad records such as serious violations of the law and breach of contract.
Twelfth agent construction units shall, in accordance with the law, bid for the survey, design, construction and supervision of the project and the procurement of important equipment and materials. The agent construction unit and its directly interested units shall not undertake relevant work in their agent construction projects.
Construction units with corresponding qualifications and conditions can undertake the preparation of feasibility study report of construction projects, bidding agency and other work.
Thirteenth construction units should strictly fulfill the construction contract, take full responsibility for the construction period, the use of funds, quality and safety, and take lifelong responsibility for the quality of the project.
Fourteenth preliminary work on behalf of the construction stage, the construction unit shall complete the following work:
(a) according to the approved project proposal or government investment plan, long-term planning, organize the preparation of the project feasibility study report;
(2) Organizing bidding activities such as engineering survey and design according to law;
(three) to organize the preparation and approval of the preliminary design budget of the project. If the total project budget exceeds 10% of the total investment of the approved feasibility study report, or the preliminary design and construction scale (referring to the total construction area) exceeds 5% of the approved feasibility study report construction scale, the agent construction unit shall readjust the feasibility study report and submit it for approval according to the prescribed procedures;
(four) to assist the use of units for land use, demolition and other approval procedures;
(five) to accept the entrustment of the user unit to handle the examination and approval procedures for project establishment, planning, environmental protection, fire protection, forestry, earthquake, civil air defense, gardens and municipal public facilities;
(six) according to the contract, hand over the relevant procedures and materials for the preliminary work of the project to the user;
(seven) other preparatory work for the project construction.
Fifteenth construction stage, the construction unit shall complete the following tasks:
(a) according to the approved project preliminary design organization construction drawing quota design;
(2) Organizing bidding activities such as construction, supervision and procurement of major materials and equipment, and organizing project construction;
(three) responsible for reporting the annual investment plan and handling the relevant procedures in the implementation stage of the agent construction;
(four) responsible for the negotiation and signing of the project contract, the implementation of the whole process of project construction management;
(five) submit the project progress, the use of funds and the project progress report to the organization and implementation agency every month;
(6) Organize the project quality completion acceptance;
(seven) responsible for the preparation of the project completion report, submitted to the municipal finance department for approval;
(eight) to assist the project completion and acceptance;
(nine) responsible for the completion of the project and the compilation and transfer of relevant information, and handle the asset delivery procedures to the user according to the approved asset value.
Sixteenth municipal government investment projects to implement the agent system, the main responsibilities of its users are:
(a) according to the project requirements and functional positioning, put forward the construction scale and construction content, and prepare the project proposal;
(two) according to the approved project proposal or government investment plan, medium-and long-term planning to determine the construction scale and project investment, etc., and timely put forward opinions on the functional allocation and construction standards of the project;
(three) responsible for land use, demolition approval procedures and related work;
(four) in accordance with the provisions of the construction contract, to provide the construction unit with engineering related information, and entrust the construction unit to handle the examination and approval procedures for project establishment, planning, preliminary budget, construction, environmental protection, fire protection, forestry, earthquake, civil air defense, gardens, municipal public facilities, etc.;
(five) to participate in project design review and construction supervision, and supervise the procurement of equipment and materials;
(six) responsible for raising self-raised funds in municipal government investment projects, balancing distribution, establishing special accounts for projects, and paying according to the contract;
(seven) to put forward supervision suggestions on the quality of the project, the construction progress and the use of funds;
(eight) to participate in the completion and acceptance of the project quality organized by the construction unit and the completion and acceptance of the project organized by the municipal development and reform department, and to receive the construction projects that have passed the completion and acceptance of the project quality.
Chapter III Organization and Implementation
Seventeenth organizations and implementing agencies shall, within 30 days from the date of determining the agent construction unit according to the provisions of these measures, organize the signing of the agent construction contract, and stipulate the rights and obligations of all parties in the contract.
Eighteenth the implementation of preliminary work on behalf of the construction, the construction unit shall carry out preliminary work in accordance with the relevant provisions of the state, province and city and the requirements of the project construction contract, and the depth of preliminary work must meet the requirements of the state.
Where the agent construction or the whole process of agent construction is implemented, the agent construction unit shall control the investment in strict accordance with the approved preliminary design and budgetary estimate, and implement the quota design in the construction drawing design. The project budget shall not exceed the approved design estimate. It is strictly forbidden to use construction negotiation or sign other agreements to change the design and increase investment at will during construction.
Article 19 If it is really necessary to change the project design or adjust the project budget due to force majeure factors such as sharp price increase, policy adjustment, major changes in geological conditions, natural disasters, etc. during the project construction period, it shall be proposed by the agent construction unit, confirmed by the user (if it is not a municipal government department, the consent of the municipal government department shall be obtained first), signed by the implementing agency, and submitted for approval in accordance with the original project design and project budget examination and approval procedures.
Article 20 In the case of agent construction or the whole process of agent construction, before signing the agent construction contract, the agent construction unit shall provide a bank performance guarantee with an estimated investment of 5%- 10%, and the specific amount shall be determined in the tender documents according to the characteristics of the project industry.
Twenty-first construction units shall establish and improve the relevant files, and hand over the project files, financial files and related materials to users, organizations and implementing agencies and relevant departments when handling the project handover procedures.
If the agent construction is implemented in stages, the preliminary work agent construction unit shall handle the handover procedures within 1 month from the date of approval of the preliminary design of the project, and hand over the relevant information to the user or the agent construction unit; The construction implementation unit shall, within 3 months from the date of completion and acceptance of the project, handle the formalities for asset delivery to the user.
Twenty-second units and other administrative departments shall not interfere with normal construction activities when performing their duties.
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