Seismic Safety Assessment Contract Sample 1 Project Name: Foshan Mayor Xin Yinwan Garden Project Site Seismic Safety Assessment
Client: Foshan Hongjing Real Estate Co., Ltd. (A Party)
Consultant: Guangdong Provincial Earthquake Engineering Survey Center (Party B)
Signing location: Donghai Garden Club, No. 13, Guicheng Nanliu Road, Nanhai District, Foshan City, Guangdong Province
< p>Second floorSigning date: November 10, 2011
Contract validity period: November 10, 2011 to December 31, 2011
Contract Terms
According to the provisions of the "Contract Law of the People's Republic of China", the two parties to the contract (Party A and Party B) have agreed on the Foshan Mayor Xinyinwan Garden Project (Luocun Street, Nanhai District, Foshan City). Technical consultation on the seismic safety assessment project of the project site on the west side of Luocun Avenue and the north side of Luowu Road. This contract was signed after consensus reached through consultation.
1. Content, form and requirements of consultation:
1. In accordance with the provisions of "Seismic Safety Assessment of Engineering Sites" (GB17741?2005), conduct regional seismic activity assessment on the engineering site The seismicity and seismic structure survey, the seismicity and seismotectonic survey in the near-field area are carried out, and the comprehensive seismic structure evaluation results of the region and the near-field area are given.
2. Conduct seismic engineering geological conditions survey on the engineering site, arrange 7 engineering seismic boreholes on the site, test the shear wave velocity of the drilled soil layer, determine the site soil type and construction site category, and The seismic geological hazard evaluation results of the site are given.
3. Arrange ground pulsation test points near the engineering seismic drilling location, and analyze and determine the outstanding period of ground pulsation at the engineering site.
4. Calculate the seismic risk probability of the engineering site and provide the bedrock acceleration peak value and response spectrum and bedrock acceleration time history with 50-year exceedance probabilities of 63%, 10% and 2%; use 50 The fortification level with an annual probability of exceeding 10% determines the basic seismic intensity of the project site.
5. Conduct site seismic response analysis on the soil layer of engineering seismic boreholes, and provide design seismic motion parameters with 50-year exceedance probabilities of 63%, 10% and 2% for the engineering site, including:
(1) Site surface horizontal acceleration peak value;
(2) Site surface horizontal acceleration time history;
(3) Site horizontal seismic coefficient and horizontal seismic influence coefficient;
(4) Site design seismic response spectrum.
2. Performance period, place and method:
This contract will be performed in Foshan City from November 10, 2011 to December 31, 2011. Method of performance of this contract:
Within 20 days after the client and the consultant sign the contract, the consultant shall submit the final results report of this work to the client in five copies and one electronic CD (the number of copies required for approval is allow).
3. Cooperation matters of the client:
Within three days (time) after the contract takes effect, the client shall provide the following information and working conditions to the consultant:
1. 7 engineering seismic test boreholes at the site.
2. Site geotechnical engineering survey report and project master plan.
IV. ※Confidentiality of technical information and data:
1. The results of this work are only suitable for this project site;
2. The results of this work belong to It is exclusively owned by both parties and shall not be used by a third party without the consent of both parties.
5. Acceptance and evaluation methods:
The consulting report meets the requirements listed in the first item of this contract. It is accepted by expert review and is issued by the Guangdong Provincial Earthquake Safety Assessment Committee. Ask for proof of acceptance.
Evaluation method:
Send the final report and data to the Guangdong Provincial Earthquake Safety Assessment Committee for expert review and acceptance
6. Remuneration and payment method:
(1) The total cost of this project is (tax included): RMB 1,200,000 (?126,000 yuan).
Includes the costs for all consultants to conduct investigation and research, on-site testing, analysis and demonstration, test measurement, review and acceptance, etc. according to the requirements of the contract.
(2) Payment method (using the following ① method):
① One-time payment: ? 126,000 yuan, time: within one week after submitting the approved results report, After Party B provides the formal invoice, Party A pays the total contract amount to Party B in one lump sum.
②Instalment payment: /
③Other methods: /
7. Calculation method of liquidated damages or loss compensation:
In case of violation of this contract, the breaching party shall bear liability for breach of contract in accordance with Article 46 of the Technology Contract Law and Articles 86 and 87 of the Implementation Regulations of the Technology Contract Law.
(1) In case of violation of Article / of this Contract, Party / shall be liable for breach of contract, in the following manner and amount of breach of contract:
(2) In case of violation of Article / of this Contract, The / party shall bear the liability for breach of contract in the following ways and the amount of breach of contract: / .
8. Dispute resolution:
If a dispute occurs during the performance of the contract, both parties shall negotiate to resolve it, or they may request the Foshan Arbitration Commission for mediation.
If both parties are unwilling to negotiate or mediate to resolve the matter, or if negotiation or mediation fails, the parties shall agree to adopt method (1) below to resolve the matter.
(1) Any dispute arising out of this contract shall be submitted to Foshan Arbitration Commission for arbitration;
(2) Resolved according to judicial procedures.
9. ※Others (including the rights, obligations, service fees and payment methods of intermediaries and other matters not covered in the above terms): /.
10. Number of copies of the contract:
The contract is made in five copies, with Party A holding three copies and Party B holding two copies. have the same legal effect.
Integrity Commitment
Foshan Hongjing Real Estate Co., Ltd.:
According to my country's "Tendering and Bidding Law", "Anti-Unfair Competition Law" and "About "Interim Provisions on the Prohibition of Commercial Bribery" and other relevant laws and regulations, our unit hereby commits to your company to participate in the technical consulting (project name) business of your company's Changxin Yinwan Garden project site seismic safety assessment project, including During all processes of bidding, business negotiation, contract signing, contract performance, and handling of contract-related matters after completion of the contract performance, the unit, its staff and anyone representing the unit will strictly abide by relevant national laws and regulations and Your company’s relevant systems and requirements.
This unit specifically promises to your company as follows:
First, it will not use improper means to hinder or exclude other bidders or collude in bidding, and will not in any way threaten the bidding personnel or Commercial bribery by other people who influence the bidding;
Second, do not in any way communicate with your company’s staff, supervisors or other people who may affect your company’s correct decision-making on the projects involved in the cooperation between the two parties. Negotiate privately or reach a tacit agreement on contracting, project costs, supply of materials and equipment, changes in project quantities, project acceptance, handling of project quality issues, changes in other rights and obligations of the contract, and various service contract-related matters;
Third , not in any way to your company's staff, supervisors or other people who may affect your company's correct decision-making (including bidding, bid determination, the handling of any matters involved in the contract during and after the performance of the contract, etc.) Commercial bribery, this prohibited behavior includes but is not limited to:
(1) Payment of favors and introduction fees;
(2) Giving away cash, gifts, gratuities or securities;
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(3) Reimburse various bills or expenses;
(4) Purchase or provide communications or transportation, office supplies or any other property;
(5) Subcontract this bidding project to his spouse, children or other interested parties.
Fourth, if this unit finds that your company’s staff, supervisors or other personnel who may affect your company’s correct decision-making are seeking benefits from our unit, our unit will report it to your company as soon as possible. This unit has learned that the auditor designated by your company to receive reports is:
Mr. Liu XX: 133XXXXXXXX, [email?protected]
Ms. Xian XX: 133XXXXXXXX, [email?protected]
Mr. Liang XX: 137XXXXXXXX, [email?protected]
Address: 2nd Floor, Donghai Garden Club, Haiqi Road, Nanhai District, Foshan City, Postal Code: 528200 Fifth, this unit is well aware of Fair trading is the core and key to maintaining product quality and your company's efficiency. The personnel of the unit or the personnel representing the unit have been informed of all matters in this commitment letter. This unit would like to assure your company that if this unit, its staff or other persons representing the unit violate any one or more obligations in this integrity commitment letter, your company has the right to take one or more of the following measures:
1. Cancel the bidding qualification of this unit and confiscate the deposit;
2. Terminate the agreement signed with this unit and pay 30% of the total contract amount to your company for breach of contract 3. Require this unit to continue to perform the agreement signed with your company, pay 30% of the total contract amount as liquidated damages to your company, and compensate your company for all losses;
3.
4. For any commercial bribery that constitutes a crime, request the judicial authorities to file a criminal case.
This commitment letter will become legally effective once signed.
Pledger (company): (seal)
Authorized representative:
November 10, 2011
Earthquake safety Evaluation Contract Sample 2
Contract Registration Number:
Seismic Safety Evaluation Service Contract
Project Name:
Client (A Party):
Entrusted Party (Party B):
Signing Place:
Signing Date: Year, Month, Day
Seismic Safety Assessment Contract
Client (Party A):
Business license number:
Legal representative:
Contract contact person: Contact number :
Entrusted party (Party B):
Business license number:
Legal representative:
Contract contact person: Contact number:
According to the "Contract Law of the People's Republic of China", "Law of the People's Republic of China on Earthquake Defense and Disaster Mitigation", "Seismic Safety Assessment Management Regulations", " "Interim Provisions on the Management of Seismic Safety Assessment of Engineering Construction Sites" and other relevant laws and regulations, combined with the specific conditions of the engineering projects involved in this contract, in order to clarify the rights and obligations of both parties and ensure the quality of the seismic safety assessment of construction land, in accordance with equality, voluntariness and fairness and the principle of good faith, the client entrusts the trustee to carry out the seismic safety assessment of the project. This contract is concluded after consensus reached by both parties.
Overview of the construction projects involved in the first entrusted earthquake safety assessment
1.1 Project name:
1.2 Project location:
1.3 Project situation:
Article 2 work content and requirements
2.1 Strictly follow the "Seismic Safety Assessment Management Regulations" and "Seismic Safety Assessment of Engineering Sites" (GB17741-2005)
Standards and requirements, conduct seismic safety evaluation of the above-mentioned engineering construction projects, and prepare evaluation reports.
2.2 Responsible for submitting the "Seismic Safety Assessment Report" to the competent department for earthquake work on the date agreed in this contract for expert review
and revising it in accordance with their requirements until it passes the review.
2.3 Obtain expert review opinions and approval documents from the competent government departments.
2.4 The evaluation report should meet the requirements for review and land acquisition for project construction.
2.5 Other work content and requirements:
Article 3 Obligations of the client
3.1 Provide information in accordance with the following requirements to ensure the authenticity and reliability of the information provided Safety and timeliness
3.3 Designate the project contact person to perform this contract and notify the trustee in writing.
3.4 Other obligations of the entrusting party:
Article 4 Obligations of the entrusted party
4.1 The entrusted party must have the qualifications stipulated in the "Seismic Safety Assessment Qualification Management Measures" To undertake this construction project
The qualifications for seismic safety assessment are (Class A, Class B, Class C).
4.2 Responsible for conducting seismic safety evaluation of the engineering construction projects involved in this contract in accordance with the provisions of this contract, and
Submitting relevant evaluation reports, corresponding charts and information.
4.3 Responsible for handling review and approval procedures in accordance with relevant laws, regulations and requirements of the approval department, and passing the review before the date designated by Party A
4.4 Other obligations of the entrusted party:
Article 5 Time for submission of results
5.1 After signing this contract, an evaluation report will be submitted to the entrusting party for review within days.
5.2 After passing the review, an evaluation results report will be submitted to the client within days.
5.3 Submit the review and approval document issued by the government’s seismic authority to the client before month, month, year.
Article 6 Fees and Payment Methods
6.1 The total cost including tax for this commissioned evaluation is RMB yuan, capitalized: (Including transportation, travel, trench exploration, geophysical prospecting, samples Analytical testing, calculations, expert reviews, use of instruments and equipment, depreciation, material consumption and various fees charged by the review department).
6.2 Both parties agree to pay the entrusted evaluation fee in the following method:
(2) The entrusting party shall pay the entrusted evaluation fee in installments to the entrusted party: Within days after the contract is signed, the entrusting party shall pay the entrusted party RMB yuan . Within days after the entrusted party completes the entrusted work and the evaluation report passes review, the entrusting party shall pay the remaining balance in RMB to the entrusted party.
Article 7 Liability for breach of contract
7.1 If the entrusting party fails to pay the entrustment fee on the date specified in the contract, it shall pay overdue liquidated damages of % of the total price of the contract for each day exceeded.
7.2 If the evaluation report fails to pass the review or obtain the review consent on time due to reasons of the trustee, the client shall be compensated as overdue liquidated damages of % of the total price of this contract for each day exceeded; if the assessment report fails to pass the review on the overdue date , the entrusting party has the right to terminate this contract, and the entrusted party shall refund all entrusted evaluation fees. If the liquidated damages paid are insufficient to cover the losses caused to the entrusting party, the entrusted party shall also compensate for the insufficient part.
Article 8 Force Majeure
8.1 The force majeure referred to in this contract is an event that cannot be foreseen, unavoidable and insurmountable, and is sufficient to prevent the continued performance or complete performance of this contract.
8.2 The party affected by force majeure shall notify the other party immediately if possible, and serve the other party with supporting documents provided by the relevant departments within 10 days after the force majeure occurs.
8.3 After the force majeure event is terminated or eliminated, the party affected by the force majeure shall immediately notify the other party and serve the supporting documents provided by the relevant departments to the other party within days after the force majeure event is terminated or eliminated.
8.4 If the contract is overdue, the liability for breach of contract shall not be exempted on the grounds of force majeure.
8.5 If the impact of force majeure lasts for more than 3 months, the party affected by the force majeure should contact the other party to solve the problem of further performance of the contract.
Article 9 Modification and termination of the contract
9.1 This contract may be modified or terminated by consensus reached by both parties. Changes or cancellations of the contract must be in writing.
9.2 Under any of the following circumstances, the contract may be terminated unilaterally:
9.2.1 The purpose of the contract cannot be achieved due to force majeure;
9.2.2 During performance Before the expiration of the time limit, one party expressly states or shows by its own behavior that it will not perform its major obligations;
9.2.3 One party delays the performance of its major obligations and fails to perform within a reasonable period after being urged;
9.2.4 One party delays the performance of its debts or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;
9.2.5 Other circumstances stipulated by law.
9.3 The party terminating the contract shall fulfill its obligation to notify the other party when terminating the contract.
Article 10 Integrity Management
10.1 Both parties will conclude and perform this contract on the premise of openness, fairness and impartiality, and promise that the party and its staff will not engage in any commercial bribery and misconduct. Fair competition behavior.
10.2 The clean operation agreement, letter of responsibility, letter of commitment, statement, and letter of guarantee signed by both parties shall form an integral part of this contract and shall be strictly observed and executed unanimously.
Article 11 Intellectual Property Rights
The entrusting party entrusts the entrusted party to prepare an evaluation report. After the corresponding payment is settled, the intellectual property rights belong to the entrusting party, and the entrusted party shall not infringe upon the entrusting party. Otherwise, all economic losses caused to the entrusting party shall be compensated and all legal liabilities shall be borne.
Article 12 Confidentiality
The entrusted party and its staff shall abide by the professional standards and abide by professional ethics, this contract, the documents and materials provided by the entrusting party and other matters related to the execution of the contract. Information and materials shall be kept confidential by the trustee when facing third parties. Without the consent of the entrusting party, it shall not be disseminated, transferred, disclosed or published in publications for any reason or by any means to third parties.
Article 13 Dispute Resolution
13.1 Both parties should strive to create an honest and harmonious contractual relationship, strengthen communication, and avoid the occurrence of disputes.
13.2 For unavoidable disputes, during the negotiation process between the two parties, when no agreement is reached, and at any time thereafter, unless the entrusting party expressly suspends it, the entrusted party is obliged to continue the evaluation work, and shall not do so. Work stoppage, slowdown.
13.3 Disputes arising between the two parties should be resolved through negotiation. If the negotiation fails, the People's Court at the place where the contract is signed shall make a ruling in accordance with the law. Article 14 Other Agreements
14.1 This contract shall take effect from the date of signature and seal by both parties.
14.2 For matters not covered in this contract, both parties shall reach a consensus through negotiation and sign a supplementary agreement. The supplemental agreement shall have the same effect as this contract.
14.3 This contract is made in one copy, one copy for the entrusting party and one copy for the entrusted party.
Contract attachments:
1. Copies of the trustee’s business license, organization code, power of attorney for the signing representative, and copies of ID cards
2. Trustee Copy of Party Qualification Certificate
3. Integrity Agreement
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The entrusting party (Party A): (seal)
The entrusting party (Party B): (seal)
Legal representative or authorized agent: (Signature)
Date:
Address:
Postal code:
Telephone:
Fax:
p>Bank of account: Legal representative or authorized agent: (Signature) Date: Address: Postal code: Telephone: Fax: Bank of account:
Account number: Account number:
Supervision telephone number: Chairman's Office: 0312-5591088 ext. 6166
Chairman's Secretary: 15932171186
General Manager's Office: 0312-4392955
Inspector's Office: 0312- 6392905
Integrity Agreement
In order to maintain an honest and self-disciplined work style and prevent the occurrence of various improper behaviors during the conclusion and performance of the contract between Party A and Party B, Party A and Party B have entered into an agreement as follows:
1. Party A and Party B shall consciously abide by national and local laws and regulations as well as the provisions of this agreement, and be honest and self-disciplined during the conclusion and performance of the contract.
2. Party A and its staff shall not ask for or accept kickbacks and other benefits from Party B in any form.
3. Party A’s staff shall maintain normal business interactions with Party B, shall not accept gifts, securities and valuables from Party B, and shall not reimburse Party B for any expenses that should be borne by them personally.
IV. Party A’s staff shall not participate in banquets and entertainment activities that may affect the fair conduct of business. If Party A’s staff really need to participate in banquets or entertainment activities due to actual circumstances, they must report to the next higher level for approval in advance based on their administrative affiliation.
5. Party A’s staff shall not ask or accept Party B to provide convenience for their house decoration, weddings and funerals, work arrangements for family members and children, and travel abroad.
6. Party B shall not accept family members or relatives and friends introduced by Party A’s staff to engage in contract-related business.
7. Party B shall carry out relevant business through normal channels, and shall not give gifts, securities, valuables, etc. to Party A’s staff, or reimburse Party A’s staff in order to obtain some improper benefits. For personal expenses, they may invite Party A’s staff to travel and enter commercial entertainment venues, or provide convenience for Party A’s staff’s home decoration, weddings and funerals, work arrangements for family members and children, and going abroad.
8. If Party B discovers that Party A’s staff has violated the above agreement, it shall report it to Party A. Party A shall not find any excuse to retaliate against Party B. Party A will give priority to Party B to continue cooperation with Party B under the same conditions if the report is true and Party B strictly abides by the integrity agreement.
9. If Party A discovers that Party B has violated this Agreement or used unfair means to bribe Party A’s staff or other unfair competition practices, Party A has the right to terminate the contract.
Party A (seal): Party B (seal):
Legal representative (signature): Legal representative (signature):
Authorized signing Person: Authorized Contractor: