第五章 项目设计 Article Five Project Design
Party B will, in accordance with the provisions of State laws and regulations, through invite bids, make determination of the survey / design companies, and will submit to the traffic administrative authority of government for putting on file. Party B should require survey / design companies conduct the project design subject to the standards and engineering scale which are determined in Study Report of Project Feasibility which has been approved by the competent authority of government, and the cost thereof will be born by party B.
The traffic administrative authority of government will liable for preliminary design including technical design and estimate budget, drawings and review / approval of budget and will bear the expenses thereof.
Party B is entitle, pursuant to the actual circumstances, to optimize and modify the design for the purposes of improve engineering quality, accelerate the project progress and so on, however the results of optimization and amendment will not less than the standard of original design, nor alter the project scale and use function, and should submit the same to the traffic administration authority for putting on file.
第六章 项目建设 Article Six Construction
Party B should, in accordance with Law of Tenders and Bids in addition to other relative laws and regulations, carry out the tender / bid for the execution, procurements of main equipments and materials and engineering supervision.
6.2乙方按照批准的开工日期组织开工，如果不能按时开工，乙方应在确定的开工日期 15 个工作日之前，向甲方提出延期开工的理由和要求，并经同意，其交工日期相应顺延。如果因乙方自身的原因在开工日或经甲方同意顺延的开工日届满后的 3 个月期满后未能开工，甲方视为乙方放弃该项目，甲方有权终止本合同。
Party B should, pursuant to the approved commencement date organize Work’s commencement, if fail to do so, should on or before 15 working days prior to the approved date of commencement, submit to party A with the reason and requirement of extension, and the date of project delivery may be correspondingly extended subject to party A’s consent. In case of failure of commencement for party B’s reason after expiration of three months on and from the commencement date or the extended date which is agreed by party A, party A will deem party B to waiver the project and has rights to terminate this contract.
Provided that continuous suspension, during construction period due to party B’s reason exceed six months or the progress of whole Works delay behind the execution schedule for six months, party A is entitle to terminate this contract.
Engineering acceptance will be carried out on two stages, viz. the acceptance of interim handover and completion acceptance, the standards of acceptances and assessment will be subject to the stipulations of APPROACH OF COMPLETION ACCEPTANCE OF HIGHWAY ENGINEERING and ASSESSMENT STANDARDS OF HIGHWAY QUALITY, which are promulgated by Ministry of Communications.
第七章 项目运行与维护 Article Seven Operation and Maintenance
Each and all income / proceeds arising out of the operation business hereof during franchising term will be remain in the property of party B, to which party B has rights to dispose at its absolute discretion. The project management during franchising term will be responsible for party B and party A is liable to assist party B to carry out operation / management of the project.
Party B’s operation items: The operations as bellow should comfort to relevant provisions of State’s laws, regulations and traffic administration in addition to conduct the registration thereof.
To collect vehicle tolls pursuant to the toll standard approved by administrative authority.
To operate various businesses, pursuant to laws, of this project, which are located within the zone of highway affiliated facilities, including gas station, parking lot, catering, accommodation, vehicle repair, communication, advertisement and so on.
Provided that this project has been delivered and put into operation, the significant alteration of policy give rise to loss of party B’s income and proceeds, nevertheless party B consent to continue operation of this project, party A should take compensation measures or the extension of franchising period, so as to ensure party B at least can achieve the expectative and available interest through performance of items hereof, for which the particular schedules will be subject to the negotiation between parties before submitting government for approval.
Party B should, in accordance with the technical norms stipulated by Ministry of Communications, in time carry out maintenance and care of highway and its facilities / equipments so as to ensure the smooth, safe and good facilities enable highway in well technical condition.
第八章 项目资产及产权 Article Eight Project Assets and Property Rights
In the period of franchising operation the operation rights of this project and use rights of highway assets referred to highway itself and attachments thereof is party B’s exclusive rights, however the properties and interests of other assets, with exception of highway, which are invested by party B.
Party B is entitle to dispose other proceeds rights at its sole discretion during the operation period. The operation rights of project’s affiliated service facilities and advertisement rights may be placed disposal of party B without party A’s approval, provided that conform to relevant stipulations of State’s law and regulation.
Party B can, after operation of this project is officially running, assign all or part of franchising rights hereof to the third party, however the various liabilities hereof shall be still undertaken by party B.
第九章 项目移交 Article Nine Turn Over of Project
9.1 在特许经营期满前一年，双方正式组建项目移交委员会，研究制定本项目移交方案。同时，由甲、乙双方共同对本项目下的公路及其附属设施进行检查后制定移交前的养护、维修计划，由双方授权代表共同签署。乙方应在签署养护、维修计划后 30 天内将此养护、维修计划中所列维修金的全额存入双方指定的共管帐号内。
Party B should, on the transfer date, make turn-over in full sets, good and free of charge, to party A with highway assets and Certificate of Land Use Rights, at same time party B should turn over party A with full sets of Operation Record, Transfer Record and design drawings, which are relative to the project. Party B should transfer the insurance policy of this project, which remaining in force to party A. The fees and expense of conducting the certificates of properties will be born by party A.
In the turn- over of project the exclusive properties to party B or the added properties for the project operation by party B will solely belong to party B.