Model earthwork contract 1
Party A:
Party B:
According to the Contract Law of People's Republic of China (PRC), the Construction Law and other relevant laws and regulations, Party A decides to contract out the site leveling of the construction project of _ _ _ _ Co., Ltd. and the earth and stone works of the sewage treatment tank to Party B. In order to clarify the rights and obligations of both parties, the following contract is reached through friendly negotiation:
I. Overview of the Project
1. 1 project name: earth and stone leveling project and sewage tank excavation and transportation in the construction project site of _ _ _ Co., Ltd.
1.2 Project location: _ _ Co., Ltd.
1.3 project contents: earthwork excavation, loading, transportation, and site leveling of sewage tank.
1.4 project contracting scope: _ _ _ (Changde) Earth and stone works for leveling all sites and earth and stone works for sewage tanks within the red line of Gao Xinxin Industrial Park construction project.
1.5 quantity: the total earthwork is about 2.5 million cubic meters. The earthwork is about 95%. Stonework accounts for about 5%, which is subject to the actual acceptance of the fill (the sewage pool is subject to excavation).
Two. Opening time and completion date
2. 1 Commencement date: YY.
2.2 Completion Date: MM DD YY.
2.3 The contract duration is 120 working days (subject to the time specified in the commencement notice).
2.4 If the construction period is delayed due to irresistible reasons (such as natural disasters, rain and hail weather), Party A must issue a visa and postpone it accordingly.
Third, the project contracting content
3. 1 Site leveling and earthwork excavation (excluding stone blasting), transportation and leveling (excluding filling and rolling and retaining wall engineering of sewage treatment tank) of the sewage treatment tank.
Fourth, the project contract price
4. The unit price of1earthwork is calculated as: 20.8 yuan /m3 for filling, 20.8 yuan /m3 for clearing earthwork in sewage treatment pool, (in the case of pure earthwork negotiation) and (within the transportation distance 1km). If it exceeds 1km, the unit price of earthwork will increase by 2 yuan /m3.km, that is, the transportation distance is greater than. And so on. Party B is only responsible for excavation and transportation (paving, drainage and other materials are provided by Party A).
4.2 The above unit prices all include tax, excluding any fees charged by any other party (such as: two insurances and one gold, management fees, coordination fees and other fees of local villagers, other local institutions, transportation, sanitation, muck, traffic police and so on).
Verb (abbreviation of verb) project fund payment
5. 1 progress payment: When Party B's personnel enter the site, Party A will pay 5% of the total project cost as advance payment. Within 10 days after receiving the advance payment, Party B shall set up the project department, set up temporary facilities, and organize dispatching agencies and equipment to be present.
5.2 Party A shall pay 15% of the total project cost as the progress payment within two days after the excavation of Party B's institutional equipment is completed.
5.3 The project progress payment shall be settled once every 300,000 cubic meters, which meets the reporting conditions of the project progress payment (i.e. when 300,000 cubic meters are completed). When Party B declares the project progress payment to Party A, Party A must calculate the engineering quantity within 3 days after Party B declares and pay the project progress payment to Party B within 5 days. When applying for the progress payment of the first 1 phase (i.e. when the earthwork project of the first 1 phase of 300,000 cubic meters is completed), Party A shall pay the progress payment to Party B according to 85% of the completed project price, and the remaining 15% shall be paid when Party B applies for the progress payment of the last phase of the current project after completing the first phase. The second payment of 300,000 cubic meters shall be paid according to 100% of the completed project price, and the third payment shall be paid according to the second payment and the fourth payment. When paying the progress payment for the last time, make up the project payment owed by 1 time (i.e. 15% of the project price of 300,000 cubic meters).
5.4 Project settlement and settlement payment are completed. If the project is completed and accepted, Party A will receive Party B's half-month completion settlement book audit (if the audit is not completed within half a month, it will be deemed that Party A recognizes Party B's completion settlement amount). All the project funds shall be settled within 10 days after the audit conclusion is issued.
Six, quality and construction requirements
6. 1 Arrival position, size and elevation meet the design requirements.
6.2 After the completion of earthwork, the flatness is within the elevation range determined by Party A in advance, and the allowable error is within 30cm, which is regarded as a qualified project.
Seven. final acceptance of construction
After the project is completed and Party B's self-inspection is qualified, Party A will complete the acceptance within one week after receiving Party B's completion acceptance report (if Party A fails to organize the acceptance within one week, the project will be deemed as qualified).
Eight. others
8. 1 Personnel shall be organized by Party B, machinery and equipment shall enter the site within the time specified by Party A, and Party A shall send site management personnel to supervise the project quality and progress.
8.2 Party A is designated as the representative of Party A, and the business contact, economic visa and other relevant documents signed by Party A's representative are deemed as Party A's approval. ..
8.3 Party B is appointed as the representative of Party A, and the relevant business dealings, economic visas and other documents signed by Party B's representative are deemed as Party B's consent.
IX. Opening and Use of Accounts
All the project funds paid by Party A to Party B shall be remitted to the account designated by Party B, and the project funds account established by Party B is: account name: deposit bank: account number:.
X. Party A's responsibilities
10. 1 Party A must make all preparations for the commencement of construction 3 days before Party B enters the site and handle all relevant commencement procedures.
10.2 Party A must install the water, electricity and temporary facilities required for the construction in place 3 days before Party B starts construction.
10.3 Party A must provide Party B with three construction drawings and site excavation facilities two days before Party B starts construction.
10.4 Party A must provide Party B with engineering geology and underground pipeline information three days before Party B starts construction.
10.5 Party A shall contact the mobile refueling truck to the site (China Petrochemical Company) to provide Party B with the required oil, ingredients, explosive materials and initiating explosive devices, but Party A shall be responsible for the distribution, recovery, relevant procedures, evaluation, supervision and monitoring of chemical materials, and Party B shall only provide the blasting qualification, and set the price according to the local government market price.
10.6 Party A shall properly handle the local neighborhood customs. In case of local citizens' interference, work obstruction, interference, mechanical equipment damage, road obstruction and other problems in the construction process, Party A shall compensate Party B for the delayed construction period and economic losses according to the actual losses. And extend the construction period by visa, and the extension period shall not exceed 5 days per month; Otherwise, according to the actual losses, Party A will pay 20 yuan to Party B every day for each excavator, 1 1,000 yuan for each transport vehicle and 1 1,000 yuan for other machinery, and pay 200 yuan compensation to Party B every day.
10.7 Party A guarantees the progress of project payment. If Party A fails to pay the project payment to Party B in time, Party A will pay Party B four times the interest of the local Agricultural Bank. All economic losses and legal responsibilities arising therefrom shall be borne by Party A. ..
10.8 If Party A fails to pay Party B the project progress payment on time, and economic losses are caused by Party B's shutdown, it shall compensate Party B according to Article 6 of Item 10 of this Contract.
XI。 Party B's responsibilities
1 1. 1 Party B must carry out the construction in strict accordance with the requirements of Party A's drawings and written notice, and complete the construction tasks on time and with good quality.
1 1.2 Party B must regularly educate the construction personnel about safety in production and formulate various safety inspection measures. Operate in strict accordance with the construction specifications and do a good job in safety production. Party B shall be responsible for all accidents, casualties and property losses caused by neglecting safety production education and relaxing safety management. Party B's construction personnel must abide by the local customs, and are not allowed to make trouble by drinking, fighting and fighting, and pay attention to their life style.
1 1.3 When Party B enters the site, all data measured by Party A must be rechecked. If the data reviewed by Party B is inconsistent with the drawings, it shall promptly notify Party A to check.
12. ancillary works such as retaining wall, rolling, dredging, pumping and sewer installation shall not affect Party B's construction. If yes, it shall be implemented according to Article 6, Item 10.
13. This contract shall come into effect after being signed and sealed by both parties. After the project is completed, all the project funds are settled, and this contract will automatically become invalid.
Fourteen Matters not covered in this contract shall be settled by both parties through consultation.
15. This contract is made in triplicate, one for each party, with the same legal effect.
Party A: Party B:
Legal person (signature): Legal person (signature):
Year, month, sun, moon, sun.
Model of earthwork second contract
Employer: Contractor:
According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, in order to clarify the rights, obligations and responsibilities of both parties in the project contracting and ensure the comprehensive completion of the project tasks, Party A and Party B sign this contract on the principle of voluntariness, equality and mutual benefit through consultation.
I. Overview of the Project
(1) Project name: Earth and stone works for expansion of Shankannongji, Zongzhen Town, Jialing District, Nanchong City.
(II) Project Location: Kannongji Mountain, Zongzhen Town, Jialing District, Nanchong City.
(3) Project content: earthwork excavation, transportation and backfilling.
(4) Engineering quantity: The total excavation volume is about 40,000 cubic meters.
Second, the construction period
Commencement date: the construction period is from year to year. Party B has fully considered the environmental impact, road conditions, vehicle transportation, management, construction inspection, policy changes and all factors that may affect the construction progress during the construction period. In addition to force majeure factors such as natural disasters, if there are other factors, the construction period will not be adjusted. After the contract comes into effect, Party B will actively organize machinery to enter the site and start construction within 3 days.
Third, the project quality
1, the project quality should reach the first level of national quality inspection and evaluation standards.
2. Party B shall carry out the construction according to the drawings and materials provided by Party A to ensure the project quality. When the project is accepted, it shall be accepted according to the actual measurement (subject to the settlement of GPS grid data).
Fourth, the project price and settlement
(1) Comprehensive unit price:
1. Comprehensive unit price: 8.8 yuan /m3. This project adopts the comprehensive unit price lump sum based on the excavation quantity, including earthwork excavation, slag transportation, loading fee, site leveling, sanitation fee and other related expenses. Both parties shall not change the contract price without authorization. (If there is any change in other geological conditions, such as hard rock or bluestone, Party A and Party B shall settle it through negotiation. )
2. This comprehensive unit price is the amount of spoil in the place designated by Party A (if it exceeds the designated transportation scope, the project cost will be increased, which shall be settled by both parties through negotiation. )
3. This price has included the cost of price changes and policy price adjustment factors, as well as overtime expenses incurred according to the contract time limit requirements and related time limit instructions.
(two) the project settlement shall be handled in the following ways:
1. The quantities in this contract are tentative quantities, which will be used as the basis for final settlement after being signed and sealed by both parties. If the drawings and instructions provided by Party A are inconsistent with the actual situation, the settlement shall be made according to the actual visa or actual engineering quantity.
2. Before entering the construction site, Party B shall provide Party A with the list of site management personnel and the construction organization plan, and the construction can only be started after Party A agrees.
3. Party B shall seriously abide by the requirements of design drawings and specifications and the instructions issued by Party A according to this contract, and accept the inspection and inspection of Party A at any time. If the project quality fails to meet the agreed standards, Party B shall unconditionally rebuild the project, and the expenses shall be borne by Party B. ..
(III) Settlement of project price
After the project is completed and accepted by Party A, Party A shall pay all the settlement project funds to Party B within 3 working days.
(4) Payment method of the project price: bank transfer payment or cash.
Five, the way of project contracting
(1) This project is subject to general construction contract. Party B shall not subcontract the works agreed in this contract to other construction units for construction. After the project starts, if Party B fails to perform the contract, Party A has the right to terminate the contract, and all consequences arising therefrom shall be borne by Party B. ..
(2) Party B shall abandon the soil in the designated spoil ground as agreed in the contract, and shall not transport the earthwork outside for any reason without Party A's consent, otherwise, Party B shall pay Party A a fine of 65,438+00 times the amount of earthwork transported every time, and not less than 5,000 yuan.
The responsibility of both sides of intransitive verbs
(I) Party A's responsibilities
1. Provide Party B with the backfill scope and elevation marks of the construction site.
2. Party A shall send representatives to the construction site for technical and quality supervision and inspection, handle relevant construction visas and acceptance procedures, and solve problems that should be solved by Party A;
3. If Party B's construction machinery and transport vehicles are delayed or stopped due to Party A's reasons, Party A shall be responsible for the stop and shift fees and the corresponding actual losses. (If farmers and relevant law enforcement departments stop working due to coordination, Party A shall be responsible. )
4. Engineering change: Party A shall notify Party B in writing 7 days in advance and sign a supplementary contract or re-apply for a construction visa. Otherwise, the economic losses caused thereby shall be borne by Party A, and the construction period shall be postponed accordingly.
5. After the project is completed and Party B's written application is received, Party A shall organize a special person to conduct acceptance within 3 days, and shall not shirk it for any reason.
6. Party A has the right to ask Party B to dismiss any member of Party B whose ability or behavior is no longer competent for the work related to this project.
7. Other work agreed by both parties to be completed by Party A. ..
(II) Party B's responsibilities
1, provide relevant information and documents required for site construction, and prove that it has the ability to undertake relevant information of engineering qualification. And provide Party A with the project schedule, corresponding statistical statements and accident reports.
2. Obey the unified dispatching management of Party A, implement the technical quality instructions issued by Party A, organize the construction according to the design drawings, construction scheme and requirements of this contract approved by Party A, and ensure that the undertaken projects are completed according to the contract time limit and quality requirements.
3. Safe construction
(1) Party B shall strictly implement the safety operation regulations, provide necessary safety education and technical disclosure to the personnel entering the site, and abide by the safety production rules and regulations formulated by Party A. ..
(2) Party B shall do a good job in the safety protection of the operation area, and provide sufficient safety labor protection articles such as safety helmets, rubber shoes, safety belts and safety shoes for the on-site operators to protect the personal safety of the operators.
(3) Responsible for the safety protection of the construction area, formulate corresponding construction safety measures, and bear the economic losses and responsibilities caused by poor safety protection measures. Party B must carry out the construction in strict accordance with the construction safety operation regulations and set warning signs as required; Party B shall be responsible for the safety of its own personnel. All personal injuries and property losses caused by Party B to pedestrians, passing vehicles and the surrounding people shall be handled by Party B, and Party B shall bear corresponding responsibilities and expenses. Personal injury caused by Party B to a third party shall be borne by Party B. ..
4. Party B shall take effective measures to protect underground pipelines, adjacent buildings, public facilities and landscaping facilities on the construction site. In case of any damage, Party B shall promptly repair and compensate. If Party B fails to repair or compensate in time, Party A will repair or compensate as required by the other party, and all expenses will be deducted from Party B's project payment;
5. Before the completed project is delivered to Party A, Party B shall be responsible for the protection of finished products, and if there is any loss, Party B shall be responsible for the repair at its own expense; Party B shall strengthen the management of its own machinery, equipment, materials and materials, and be responsible for any loss or damage.
6, civilized construction, ensure the construction site clean and tidy. During the construction period, you must obey the municipal city management and bear the losses and fines caused by violating the relevant regulations.
7. All construction personnel must strictly abide by the relevant provisions of the construction site and formulate corresponding internal management measures. Party B shall bear all consequences arising from violation of the regulations.
8. Party B must closely cooperate and coordinate with the project management personnel. If Party B fails to submit the application for material supply plan in time or the expenses such as loss, loss and secondary handling caused by improper stacking of materials shall be borne by Party B. ..
9. Party A shall be responsible for coordinating local mass relations involving material transportation and employment, and bear all expenses arising therefrom.
Seven. responsibility for breach of contract
(1) Party A breaches the contract.
In other cases where Party A terminates the contract without reason or fails to perform its obligations as agreed in the contract, Party A shall bear the liability for breach of contract, compensate for the economic losses caused to Party B due to its breach of contract, and pay 20% of the total project amount to Party B, and the delayed construction period shall be postponed accordingly.
(2) Party B breaches the contract
1. If the project quality fails to meet the quality standards agreed in this contract due to Party B's reasons, Party A has the right to require Party B to rework. If Party B still fails to meet the quality standards agreed in this contract after re-construction within the time limit specified by Party A, Party A has the right to terminate the contract unilaterally, so the completed project will not be settled, and Party B shall pay 20% of the total project price to Party A as liquidated damages.
2. In other cases where Party B fails to perform its contractual obligations or fails to perform its obligations as agreed in the contract, Party B shall bear the liability for breach of contract, compensate Party A for the economic losses caused by its breach of contract, and pay Party A a penalty of 5% of the total project price. If Party B still fails to perform the contractual obligations or fails to perform the contractual obligations after being urged by Party A, Party A has the right to unilaterally terminate the contract, and the completed project will not be settled, and Party B shall pay Party A a penalty of 5% of the total project price.
3. When one party breaches the contract and the other party requests the breaching party to continue to perform the contract, the breaching party shall continue to perform the contract after assuming the above liabilities for breach of contract;
4. Project termination: Party B's continuous stoppage for more than 5 days due to force majeure shall be deemed as project termination. Party A shall calculate the project price according to the actually accepted project, deduct 5% from the qualified project price as a fine, and terminate the contract. Where losses are caused to Party A from this, Party B shall bear them.
6. Party B must arrange specific personnel to be stationed at the construction site for a long time. If Party B is absent from the construction site for three consecutive days or fails to serve this project, it will be fined 65,438+0,000 yuan per day.
Eight. dispute over a contract
All disputes arising from the performance of this contract shall be settled by both parties through consultation on the premise of not affecting the normal progress of the project. If negotiation fails, both parties agree to solve the problem step by step in the following ways.
1, mediation;
2. Bring a lawsuit to the People's Court of Jialing District, Nanchong City according to law.
Nine. any other business
(1) This contract shall come into effect after being signed and sealed by both parties, and shall automatically become invalid after the obligations of both parties are fulfilled.
(II) If there are matters not covered in this contract, both parties may sign a supplementary agreement separately according to the specific circumstances.
(3) This contract is made in quadruplicate, with the same legal effect, with Party A holding two copies and Party B holding two copies.
Party A (seal) and Party B (seal)
Legal representative (signature) Legal representative (signature)
Date of signing the contract: year month day.
Contract signing place:
Model Contract for Earthwork Project 3
Party A:
Party B:
According to People's Republic of China (PRC) Contract Law, Labor Law, Safety Production Law and other relevant laws and regulations. Based on the principles of honesty, equality and mutual benefit, Party A and Party B have reached this contract through consultation, and voluntarily assumed all obligations under the terms of this contract.
I. Project name:
Second, the project site selection:
Third, the construction period:
Four, the project deposit:
1. After both parties sign, Party B shall pay Party A a deposit of 2 million yuan for construction machinery. ..
2. After receiving the deposit from Party B, Party A must ensure that Party B starts construction on time, and will not start construction within 2 months from the date when the deposit is received. Party A will return the deposit to Party B. ..
3. After Party B actually completes the project amount of 654.38+10,000 square meters in the construction process, Party A will refund the deposit to Party B at one time.
Verb (abbreviation for verb) cooperation mode:
Party B shall excavate, transport and level the land involved in Party A's yard project.
Obligations and responsibilities of Party A:
1. Earth and stone works: covering an area of 220 mu, the excavation depth is not more than 35 meters, and the unit price is 16 yuan/within 2 kilometers (including 2 kilometers)? (including tax), if the depth exceeds 35 meters and the transportation distance exceeds 2 kilometers, the unit price shall be discussed separately, and the unit price of earthwork and coal shall be subject to the unit price of earthwork; After further negotiation, Party B is responsible for the fuel, and the total project amount is estimated to be 92,404,620 yuan.
2. Settlement method: According to the monthly report calculated by both parties, if the settlement cannot be made on time, Party A shall compensate Party B for 1% of the liquidated damages (project payment 1%) for each day overdue, and Party A shall pay all the project payment to Party B within 30 days after the completion of the project.
3. Party A must ensure the legality of the project and shall not violate the laws and regulations of the country, so as to ensure that Party B can carry out the project smoothly.
4. After the contract is signed, Party A shall do a good job in Party B's electrical communication, and notify Party B to enter the site in written form before the formal commencement.
5. After notifying Party B to enter the site, Party A shall actively cooperate with Party B's preparation for commencement after entering the site, coordinate the mobilization of Party B's construction machinery, and ensure that the construction machinery and construction personnel can enter the construction site smoothly.
6. Party A is responsible for coordinating and determining the garbage dump, material yard and road, and solving disputes such as pollution and land boundary in neighboring villages at its own expense.
7. In case of force majeure and national policy shutdown, Party A shall pay Party B the project payment in full according to the actually completed engineering quantity.
8. During the construction period of Party B, if Party A fails to start work due to the obstruction of villagers and local government for more than 65,438+00 days, Party A shall compensate Party B for the downtime of excavators, transport vehicles, sprinklers and forklifts, and the living expenses of project construction management personnel are 60.00 yuan per person per day. The compensation for the number of machinery and personnel actually put into construction is as follows.
9. Party A shall not be responsible for compensation for work stoppage caused by natural disasters, policy factors and rain, fog and snow that are not suitable for construction.
10. During the mechanical construction of Party B's personnel, Party A shall not interfere with Party B's internal management, beat and scold Party B's construction personnel, or forcibly carry out mechanical construction in dangerous areas, otherwise Party B's construction personnel shall have the right to refuse the construction, and Party A shall bear the serious consequences arising therefrom. ..
Seven. Obligations and responsibilities of Party B:
1. After the contract is signed, Party B shall make good preparations before construction within 15 working days after receiving Party A's written notice of entering the site, including personnel accommodation, mechanical mobilization, site arrangement, etc., so as to ensure the start of construction on time.
2. During the construction period, Party B shall carry out reasonable construction in strict accordance with the requirements of Party A's technicians and obey the management of Party A's on-site personnel. Construction and shutdown shall not be carried out at will, otherwise the consequences shall be borne by Party B. ..
3. During the construction period, Party B shall be responsible for the safety accidents and casualties caused by Party B's own reasons, which has nothing to do with Party A. ..
4. During the construction period, Party B's mechanical vehicles and personnel who do not obey the normal and safe construction management of Party A's management personnel can be fined 5,000 yuan to10,000 yuan, and the vehicles causing safety accidents have the right to be cleared.
5. Party B shall pay the water, electricity and other expenses during the construction period. This contract shall come into effect after being signed and sealed by both parties, and shall automatically terminate after the project is accepted and settled.
Matters not covered in this contract, supplementary terms negotiated by both parties have the same legal effect as this contract.
Party A, legal representative, entrusted agent and contact information:
Party B: legal representative: entrusted agent: contact information.
Year, month, year
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