EXHIBIT 4.9
SUMMARY OF THE FORMS OF THE SURVEYING AND DESIGN SERVICES AGREEMENTS FOR RAILWAY
CONSTRUCTION AND THE CONSTRUCTION SERVICES AGREEMENTS FOR THE FOURTH LINE
SUMMARY OF THE FORM OF SURVEYING AND DESIGN SERVICES AGREEMENTS FOR RAILWAY
CONSTRUCTION
1. Date of signing: May 15, 2006
2. Names of projects, contracting parties and prices of agreements
Prices of Agreements
No. Name of Projects Contracting Party/Parties (RMB10,000)
- --- ---------------- ----------------------------- --------------------
1 Xintang-Pinghu of the Fourth Railway Line The Fourth Survey & Design 3,172
Institute of China Railway
2 Guangzhou-Xintang Rural Passenger Line The Fourth Survey & Design 732
(K0+796~K2+080, K32+600~K43+900) Institute of China Railway
3 Guangzhou-Xintang Rural Passenger Line Guangzhou Institute of the 1270
(K2+080~K32+600) Fourth Survey & Design
Institute of China Railway
4 Guangzhou-Xintang Rural Passenger Line China Railway Electrification 238
Electrification Works Survey Design & Research
Institute
5 Xintang-Pinghu of the Fourth Railway Line China Railway Electrification 468
Electrification Works Survey Design & Research
Institute
6 Guangzhou-Xintang Rural Passenger Line China National Railway Signal 460
Communication and Signals Works & Communication Corporation
7 Xintang-Pinghu Rural Fourth Railway Line China National Railway Signal 657
Communication and Signals Works & Communication Corporation
3. Outline of contracts
The contracts consist of 11 parts, including the basis on which the
contracts are concluded, the sketch of projects and the phases and content of
surveying and design, the basis of surveying and design, the basis for
documentation, rights and obligations of both parties, breach responsibilities,
the delivery of designing document, surveying and design fees and their payment,
settlement of dispute, the effect of agreements and others, project management.
4. Scope of service:
(a) conducting feasibility studies;
(b) surveying, including preliminary surveying, final surveying and
supplemental surveying; and
(b) design of construction works plans.
4. Payment terms:
A 20% of the contracted sum to be paid within seven days of the agreement
becoming effective; a further 20% of the contracted sum to be paid within seven
days of the approval of the preliminary design documents; a further 50% of the
contracted sum within seven days of the submission of the construction works
plans and documents; the remaining 10% to be settled within seven days from
completion of the construction works.
SUMMARY OF THE FORM OF THE CONSTRUCTION SERVICES AGREEMENTS
1. Date of signing: Date of signing: May 15, 2006
2. Names of projects, contracting parties and prices of agreements
Prices of Agreements
No. Name of Projects Contracting Party/Parties (RMB10,000)
- --- ---------------- ----------------------------- --------------------
1 Xintang-Pinghu Segment ZH-4 China Railway 3rd Bureau 53426.4871
Construction Services Agreement Group Corporation Limited)
2 Xintang-Pinghu Segment ZH-6 China Railway 13th Bureau 52281.162
Construction Services Agreement Group Corporation Limited)
3 Guangzhou-Pinghu Segment TXD-7 China Railway 11th Bureau 34898.556
Construction Services Agreement Group Electric Engineering
Corporation Limited; and
China Railway 25th Bureau
Group Electric Engineering
Corporation Limited
4 Guangzhou-Pinghu Segment TXD-8 The Second Engineering 28449.3681
Construction Services Agreement Corporation Ltd of China
Railway Electrification
Bureau Group
5 Guangzhou-Xintang Segment ZH-3 China Railway 13th Bureau 11141.0722
Construction Services Agreement Group Corporation Limited
6 Guangzhou-Xintang Segment ZH-1 China Railway 25th Bureau 19214.2167
Construction Services Agreement Group Corporation Limited
7 Guangzhou-Xintang Segment ZH-2 China Railway 18th Bureau 11698.5079
Construction Services Agreement Group Corporation Limited
8 Xintang-Pinghu Segment ZH-5 China Railway 25th Bureau 49687.2047
Construction Services Agreement Group Corporation Limited
3. Outline of contracts
The contracts consist of 48 parts, including the sketch of projects, time
limit for the projects, prices of the projects, quality of projects, designing
document, bodies and representatives of both parties at the scene of the
projects, the job of Party A, the job of Party B, the scheme of the progress,
delay of the start of projects, the extending of project period, the moving up
of the start of project,
examination of project quality, examination and certification of hidden
projects, the change of design, the material and equipment provided by Party A,
the material and equipment purchased by Party B, the change of agreement prices,
down payment for the projects, examination and pricing of construction, payment
of project expenses, completion and examination of project, completion final
budget and transfer of fixed assets, sub-contract of project, environmental
protection, protection of cultural relics, rationalization proposals,
construction safety, force majeure, stop and suspense of project, breach, claim,
settlement of disputes, supplemental agreements, appendix to agreements, copies
of agreements, deposit for fulfilling the agreement, settlement of breaches,
bonus fund, contract management, co-ordination and cooperation, the adjustment
of project period, agreement files and the sequent of explanation, building of
honesty, project management.
3. Scope of service:
The contracting parties No. 1, 2, 4, 5, 6 and 7 shall provide such
services:
(1) demolition and relocation;
(2) construction works, including construction of roadbeds, bridges and
culverts, railway tracks, power network and buildings;
(3) installation works, including installation of power network and other
operational equipment; and
(4) provision of construction tools and equipment.
The contracting party No. 3 shall provide such services:
(1) demolition and relocation;
(2) construction works, including construction of communications and
signaling systems, power network and buildings; and
(3) installation works, including installation of communications and
signaling systems and power network.
4. Payment terms:
(1) Monthly pre-payment: 30% of the budget for each quarter will be paid to
the Contracting Party each month;
(2) Quarterly and yearly assessment and payment: the balance of any
outstanding payment is settled on a quarterly and yearly basis, based on
assessment reports submitted by the Contracting Party and approved by the
Company;
(3) Final assessment and payment: 95% of the total contracted sum is
settled based on the final assessment report submitted by the Contracting Party
and approved by the Company.
(4) A 5% of the total of each periodic payment is retained and shall be
paid in accordance with the terms set out in the Construction Services
Agreement, including the satisfaction of the relevant quality standards and
completion of procedures for the transfer of the relevant fixed assets.