Earthwork includes the construction process of soil excavation, transportation and filling, so how to write the earthwork contract? What should I pay attention to in general? If you don't understand, the following is the model essay of earthwork contract that I compiled for you. Thank you for your appreciation.
Earthwork Contract 1
Party A:
Party B:
According to the national laws and regulations and the principles stipulated in the Regulations on Contracting Contracts for Construction and Installation Projects, Party A contracts earthworks to Party B for construction according to the construction needs, and this contract is signed by both parties through negotiation.
article 1: contracted projects, contents and time limit:
excavation and earthwork transportation shall be carried out according to the scope and requirements provided by party a, including contents: (1) excavation projects include. (2) Party B shall be responsible for the fines imposed by the relevant units, including scattering soil during excavation and transportation. (3) Obstacles during excavation shall be cleared by Party B..
article 2: contracting method: lump sum (including mechanical entrance and exit fees).
article 3: time limit for a project: the excavation starts on the day of the year and ends on the day of the year. Party B must try to complete part of the earthwork transportation according to the determined construction period, otherwise, 1 yuan will be fined for every day of delay, and the Qinjiang Town Government will supervise and assess it.
Article 4: Settlement and payment method:
31. Contract unit price: according to the actual situation, the earthwork shall be excavated and transported to the designated place for settlement (including the mechanical entrance and exit fees), and the earthwork shall be measured by Party A and Party B after the construction machinery is buried and compacted, and confirmed by calculation (the height after landfill and compaction is 3.14 meters higher than the existing ground height).
2. according to the actual earthwork contracting workload completed by party b, party a will issue a task list by the builder, which will take effect only after it is reviewed and signed by the management personnel and submitted to the engineering company for review by the project department manager. if the signature is not complete, the settlement will be invalid.
3. Settlement method: Party B can start construction only after paying 1% of the total project cost to Party A before entering the site. When 3% of the total project is completed, 1% of the performance bond will be refunded, and when 6% of the total project cost is completed, 4% of the total project cost will be paid, and 9% of the total project cost will be paid within one month from the project completion acceptance date, and the balance will be paid within six months from the project acceptance date.
article 5: project quality:
party b must carry out the construction in strict accordance with the current construction acceptance specifications and design requirements promulgated by the state. And do a good job in self-inspection, mutual inspection and handover inspection to ensure the quality of the project. If Party B fails to follow the construction plan and technical disclosure and causes quality accidents, or all economic losses that affect the quality of the project due to improper operation and violation of operating procedures shall be borne by Party B.. Any project, maintenance and warranty expenses contracted by Party B shall not be paid separately.
article 6: safety management:
1. party b shall establish and improve the responsibility system for safety production, safety management organization and guarantee system during the construction, and the contractor is the first person in charge of safety production of party b, taking overall responsibility for safety production.
2. During the construction period, Party B shall work out a special safety construction plan in combination with the actual project, clarify the responsibilities of safety production management, take safety measures, and designate full-time safety management personnel and submit the list of safety personnel to Party A.. Conduct regular supervision, inspection and coordination on contracted civilized construction of safe production, and eliminate hidden dangers of accidents in time.
3. During the construction, Party B must abide by national safety laws and regulations, industrial safety technical specifications and standards, improve the Safety Production System, operate in strict accordance with the Safety Technical Operating Rules, safety technical measures and special safety construction plans, and do a good job in employee admission safety education, division safety technical disclosure and security team activities. Implement various protective measures to meet the needs of safety production first when there is a contradiction between safety and production.
4. adhere to the policy of safety first and prevention first, control the hazard sources, and equip and use safety protection articles correctly according to regulations. Personal protective equipment shall be purchased by Party B..
5. All personal, mechanical and traffic accidents not caused by Party A during the construction process shall be borne by Party B for all responsibilities and economic losses.
6. During the construction period, injuries, disabilities and deaths caused by illegal operation, illegal command, violation of labor discipline and improper use of safety protection articles shall be immediately reported to the competent department of the enterprise according to relevant regulations, and Party A has the obligation to assist in the rescue and actively cooperate with the government and relevant departments to do a good job in accident investigation and handling. All economic expenses and losses, such as medical expenses, living expenses, subsidies and pensions, shall be borne by the party responsible for the accident. If a major accident constitutes a crime, legal responsibility shall be investigated in accordance with relevant laws and regulations.
article 7: rights and obligations of party a:
(1) rights:
1. supervise and inspect the project progress, quality, safe production, civilized construction and site management of party b's construction according to the standards issued by the Ministry. If Party B's poor management causes the contracted project to be delayed, the quality is inferior or Party B's risky operation violates the rules and regulations, Party A shall instruct Party B to make corrections within a time limit. If Party B does not obey the supervision and command of Party A's management personnel, Party A has the right to hold Party B accountable, and Party B shall bear all the economic losses caused thereby.
2. according to relevant national laws, regulations and enterprise rules, party a has the right to punish or terminate the contract for party b's violation of discipline during the construction.
3. during the contract period, if party a discovers that party b's employees have stolen construction facilities and materials, they will be punished with a fine of one hundred times, and the fine will be deducted from party b's settlement, which constitutes the offender being handed over to the public security organ for criminal responsibility according to law.
(II) Obligations:
1. Provide and create construction conditions for Party B..
2. assist party b to solve specific problems in construction in time.
article 8: responsibilities, rights and obligations of party b:
(1) responsibilities:
1. be fully responsible for the management of technology, quality, safe production and civilized construction in the whole process of sub-contracted construction projects within the scope of the contract.
2. Establish and improve the safety production responsibility system and safety management organization, and the contractor shall be solely responsible for the safety production management of the contracting team.
3. Formulate safety management system, preventive measures and emergency measures, adhere to the people-oriented principle, and do a good job in safety training and education for employees and show certificates for special operations.
4, equipped with full-time safety production supervision and inspection personnel, responsible for the safety production civilized construction management and supervision and inspection of this contracting team.
5. The frequency of safety accidents shall be controlled within 2‰, so as to prevent serious injuries and fatal accidents.
(2) Rights:
1. Have the right to refuse illegal instructions and force risky operations.
2. Have the right to put forward behaviors that endanger life safety and personal health.
(III) Obligations:
1. Before signing the contract, Party B shall voluntarily submit the business license, enterprise qualification and valid documents to Party A for approval, and keep a copy for Party A's file.
2. The construction shall be carried out in strict accordance with the safety operation procedures and specifications. During the sub-contract construction, the mobile safety protection facilities and safety signs shall not be removed at will. No child laborers or disabled people, and no old workers over 5 years old can be used for special operations.
3. fully perform the contract contents, obey the leadership and command of Party A, conscientiously implement the management systems and unified arrangements of Party A's construction site, and achieve safe production and civilized construction, and complete the construction tasks in the sub-contract with good quality and time limit.
article 9: others:
1. this contract is made in quadruplicate, three for party a and one for party b.
2. For matters not covered in this contract, both parties shall negotiate and sign a supplementary contract in time, and the supplementary contract is equally valid as this contract.
Party A:
Party B:
Representative:
Year Month Day:
Earthwork Contract 2
Employer:
Contractor:
In accordance with the Contract Law of the People's Republic of China and other relevant laws and regulations, in order to clarify the rights, obligations and responsibilities of both parties in project contracting,
I. General situation of the project
(1) Name of the project: Earth and stone works for the expansion of Kannonji in Zongzhen Mountain, Jialing District, Nanchong City.
(2) Project location: Kannonji, Zongzhen Mountain, Jialing District, Nanchong City
(3) Project content: earthwork excavation and backfilling.
(4) Engineering volume: The total excavation volume is about 4, cubic meters.
ii. construction period
commencement date: the construction period is from
party b has fully considered all factors that may affect the construction progress during the construction period, such as environmental impact, road conditions, vehicle transportation, management, construction inspection, policy changes and possible obstruction of construction by the masses. Except for force majeure factors such as natural disasters, the construction period will not be adjusted if there are other factors. After the contract comes into effect, Party B will actively organize machinery to enter the site and start construction within 3 days.
III. Project Quality
1. The project quality should reach the 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 quality of the project. When the project is accepted, it shall be accepted according to the measured quantity (subject to the settlement of GPS grid data).
IV. Project Price and Settlement
(1) Comprehensive unit price:
1. Comprehensive unit price: 8.8 yuan/m3. This project adopts the comprehensive unit price contract based on the excavation quantity, including earthwork excavation, slag discharge transportation, loading fee, site leveling, sanitation fee and other related expenses, and both parties shall not change the contract price without authorization. (If there are changes in other geological conditions, such as hard rock or bluestone, Party A and Party B shall settle them through consultation. )
2. The comprehensive unit price is the dumping of soil at the place designated by Party A.. (If it exceeds the designated transportation scope and increases the project cost, it shall be settled by both parties through negotiation. )
3. This price has included the cost of price changes and policy price adjustment factors, and the overtime expenses incurred according to the contract time limit requirements and related time limit instructions.
(II) The settlement of the project shall be handled in the following ways:
1. The quantities of this contract are tentative quantities, which shall be taken as the basis for final settlement after both parties sign and seal the actual construction quantities. 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. Party B shall provide the list of site management personnel and the construction organization plan to Party A before entering the construction site, and the construction can only be started after Party A agrees.
3. Party B shall seriously carry out the construction according to the requirements of design drawings and specifications and the instructions issued by Party A according to the contract, and accept Party A's inspection and inspection at any time. If the project quality fails to meet the agreed standards, it shall be rebuilt unconditionally, 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) method of project payment: bank transfer payment or cash.
V. Project contracting mode
(1) This project is subject to general construction contract. Party B shall not subcontract the project agreed in the contract to other construction units for construction. After the project starts, if it is found that Party B fails to implement 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 at the designated spoil site as agreed in the contract, and the earthwork shall not be transported abroad for any reason without Party A's consent, otherwise, Party B shall pay Party A a fine of 1 times the quantity transported abroad and not less than 5, yuan for each discovery.
VI. Responsibilities of both parties
(I) Responsibilities of Party A
1. Provide Party B with the backfill scope and elevation marks of the construction site.
2. Party A shall send representatives to conduct technical, quality supervision, inspection, relevant construction visa and acceptance procedures at the construction site to solve problems that should be solved by Party A;
3. If Party B's construction machinery and transport vehicles are delayed or shut down due to Party A's reasons, Party A shall be responsible for the machine-stopping expenses and the corresponding actual losses. (If the farmers and relevant law enforcement departments stop work due to the malpractice caused by coordination, Party A shall be responsible for it. )
4. Engineering change: Party A shall notify Party B in writing 7 days in advance, and sign a supplementary contract or apply for another construction visa. Otherwise, the economic losses caused shall be borne by Party A and the construction period shall be postponed accordingly.
5. after the project is completed and the written application from party b is received, party a shall organize special personnel 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 that Party A should do as agreed by both parties.
(II) Party B's responsibilities
1. Provide relevant materials and documents necessary for entering the site for construction, and prove that it has the ability to undertake the project qualification. And provide Party A with the project progress plan, 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 rules, conduct necessary safety education and safety technical disclosure for the personnel entering the site, and abide by the rules and regulations on safety production 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 operation staff, so as to protect their personal safety.
③ Be responsible for the safety protection in the construction area, formulate corresponding construction safety measures, and bear the economic losses and responsibilities caused by ineffective safety protection measures. Party B must carry out the construction in strict accordance with the construction safety operation regulations and set up warning signs as required; Party B shall be responsible for the safety of its own personnel, and Party B shall be responsible for handling all personal injuries and property losses caused by Party B to pedestrians, passing vehicles and surrounding people, and bear corresponding responsibilities and expenses. Personal injury to a third party caused by Party B shall be borne by Party B..
4. Party B shall take effective measures to protect the underground pipelines, adjacent buildings, public facilities and landscaping facilities on the construction site. If any damage is caused, Party B shall promptly repair and compensate. If Party B fails to repair or compensate in time, Party A will repair or compensate according to the requirements of the other party, and the full cost 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 Party B shall be responsible for the repair at its own expense in case of losses; Party B shall strengthen the management of its own machinery, equipment, materials and materials, and Party B shall 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 administration of city appearance and bear the losses and fines caused by violating relevant regulations.
7, all construction personnel must strictly abide by the relevant construction site.