Fan, community greening contract
Project Name: Project Location: Construction Unit: (hereinafter referred to as Party A) Construction Unit: (hereinafter referred to as Party B)
Through negotiation between Party A and Party B, Party B is responsible for Party A's landscaping project construction. Based on the principle of mutual cooperation and close cooperation, this contract is hereby signed to ensure the smooth progress of the project.
First, the project content and contracting method:
1, and the project contents include:
2, according to the contract, materials, time limit for a project, quality contract.
3. The materials, plant varieties, quantity and specifications required for landscaping shall conform to the configuration plan and project budget.
Second, the project cost:
Party B shall submit the project budget according to the project construction scope and construction drawings, with the guaranteed price of RMB (including tax), based on the garden construction and greening expenses.
Three. Payment terms:
1. After both parties sign the contract, backfill soil will be pulled to the construction site, and Party A will pay Party B 10% of the project price.
2. After planting, Party A shall pay 20% of the project cost to Party B, 60% of the project cost within three months, and the remaining 65,438+00% of the project hospitality and maintenance cost shall be paid in one lump sum within one week.
Fourth, the time limit for a project:
1. The total construction period of this project is days (the calendar is counted from the commencement date).
2. Start date and year
3. Date and year of completion
Verb (short for verb) Responsibility of both parties:
(1) Party A's responsibilities:
1, responsible for construction application procedures and obtaining building permits and construction permits.
2, organize the project completion acceptance, and settlement according to the provisions of the contract.
3. provide water.
(II) Party B's responsibilities:
1, according to the construction drawings, site changes and related construction technical specifications.
2, undertake the maintenance responsibility after the completion of the greening project, and ensure the survival rate of seedlings in the greening project is 95%. During the maintenance period, the maintenance of replanted seedlings will be extended by 1 month.
3, after the completion of the project to clean up the scene, do it after work.
6. Party B shall not subcontract the project to a third party. If Party B is found to be subcontracting, Party A has the right to terminate the contract, and the losses shall be borne by Party B..
7. This contract is made in duplicate, which shall come into effect after being signed and sealed by both parties, and each party holds one copy, with the same effect.
Eight. Date of signing the contract: year
Party A (seal): Party B (seal):
Representative (signature): Representative (signature):
Fan, community greening contract
Employer (Party A): Contractor (Party B):
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, and following the principles of equality, voluntariness, fairness and good faith, both parties reach an agreement on the greening project construction, and hereby conclude this contract.
1. Project name: flood drainage channel of Zhuhai Aviation City (the third bid section)
2. Project location: Dingjiawan, Sanzao, Zhuhai City
Three. Term of the contract: the total duration is 55 calendar days, that is, from June 5, 20 14 to July 30, 20 14.
4. Quality standard: meet the standards required by Code for Construction and Acceptance of Urban Greening and the engineering design and construction drawings.
Verb (abbreviation of verb) Contract scope and content: Complete all greening construction projects within the scope of design and construction drawing, including: earthwork shaping, soil improvement, earthwork replacement and filling, earthwork excavation and backfilling, earthwork transportation, fertilizer, pest control, seedling maintenance, transportation and planting of trees, shrubs, turf and ground cover plants, cleaning before completion, typhoon and rainstorm protection measures for seedlings, other sporadic cooperation projects and other projects designated by the Employer.
Contract mode of intransitive verbs: this project adopts a fixed-price general contract, namely, contracted projects, contracted materials, contracted quality, contracted safety (the contractor shall purchase insurance for all construction personnel participating in the construction project and bear all responsibilities and all expenses, regardless of size), contracted acceptance, contracted water and electricity, contracted plant epidemic prevention, contracted civilized construction, contracted measures, contracted risks and contracted insurance.
Seven. Total contract price: in words: (RMB) in figures: RMB (see the attached quotation sheet for details).
Eight. Payment method of project funds: 20% of the total contract price shall be paid in advance within 5 working days after the signing of the construction contract; When 80% of the total engineering quantity is completed, it will be paid to 70% of the total contract price; When the project is completed and accepted, the contractor shall provide the employer with complete completion data and settlement data, which shall be paid to 95% of the total project price after being examined and confirmed by the employer; The remaining 5% is the quality warranty money, which will be returned without interest after one year without quality problems.
Nine. Performance bond: the contractor shall provide the performance bond (cash) to the employer within 3 working days after the signing of the construction contract, and the employer shall return it to the contractor without interest within 3 working days after the completion and acceptance of the project.
X. Engineering quality assurance and inspection
1. The contractor shall ensure that counterfeit and illegal plants are not used when purchasing plants for greening. Otherwise, all the adverse consequences and losses arising therefrom shall be borne by the contractor; If losses are caused to the Employer, the Contractor shall make compensation.
2. The contractor shall ensure that the purchased materials and equipment conform to the quality, specifications and varieties specified by the design or the employer in all aspects. The contractor shall ensure that the plants under construction are properly planted and maintained.
3. Within the stipulated quality guarantee period, the contractor shall be responsible for any losses caused by defects in construction technology or planting and maintenance. In case of the above situation, the contractor shall arrive at the site within 4 hours after receiving the notice from the employer or the employer, and replant or replace the defective parts free of charge.
4, all green plants must comply with the design requirements, acceptance criteria, all plants
The contractor shall be responsible for pest control and disinfection, and ensure that the plants themselves do not carry other prohibited plants. Domestic plants should be used as much as possible in the construction, and imported plants should have epidemic prevention certificates and commodity inspection reports.
5. Factory acceptance
5. 1 The plants used in this project must be approved by the owner before planting. Before purchasing a large number of green plants, the contractor shall lead the employer to inspect the centralized procurement area, and the employer may take photos or finalize the version on the spot as the standard basis for later acceptance of plants.
5.2 The Employer's approval of any samples and samples will not relieve or relieve the Contractor's responsibilities under the contract.
5.3 The greening plants provided by the contractor must be submitted to the contractor or its client and supervisor for acceptance within 24 hours after arriving at the site. Acceptance should not be regarded as the final quality decision of the factory.
5.4 The contractor shall submit a written acceptance application 24 hours before the acceptance, and organize the acceptance according to the procedures required by the Employer or its client and supervisor. Plants that do not meet the design requirements and specifications are not allowed to be planted without acceptance or unqualified acceptance. If unqualified materials appear, the contractor shall transport them out of the construction site within a time limit and bear relevant expenses.
5.5 When the Employer finds that the contractor purchases and uses equipment that does not meet the design requirements, specification requirements or standards specified by the Employer, the contractor shall be responsible for replacing or purchasing again, and bear the expenses arising therefrom, so the delayed construction period will not be postponed.
5.6 If the equipment purchased by the contractor fails to meet the requirements of the Employer for many times, the Employer may designate the procurement and re-sign the procurement contract, so as not to delay the construction period. The market price inquired by the owner will be the final settlement price of materials with the contractor, and the contractor shall not refuse it for any reason.
Then this part of greening plants will be supplied by Party A, and the contractor will pay the employer a penalty of 3% of the total contract price of this part of plants, which will be deducted from the progress payment without the consent of the contractor.
XI。 Breach of contract and claim
1. Employer's breach of contract:
If the construction period is delayed due to the employer's reasons and force majeure factors, the construction period will be postponed and the expenses will not be counted.
2, the contractor default:
1) If the project cannot be completed on time according to the time limit shown in this contract due to the reasons of the contractor, the contractor shall pay the liquidated damages of RMB/day to the employer for each day of delay, and bear all losses caused to the contractor.
2) If the quality of the project fails to meet the quality standards for completion acceptance due to the contractor's reasons, the contractor shall unconditionally rework, rectify, repair or take other remedial measures, and the expenses incurred by rework, rectification, repair or take other remedial measures shall be borne by the contractor. If the contractor fails to make rectification within 3 days after the employer or the supervision unit puts forward the rectification requirements, the employer has the right to arrange other units to complete the corresponding rectification work, and the expenses and losses arising therefrom shall be borne by the contractor.
3) If the project fails to pass the acceptance of the relevant departments after completion, the employer will pay the rest of the project money after it has passed the acceptance, and the employer will pay it without interest.
4) The contractor shall not stop working for any reason; During the performance of the contract, no matter what the reason is, the contractor must ensure that no mass incidents occur. In case of the above events, it will be regarded as the contractor's breach of contract, and the employer will punish the contractor at 2% of the total contract price.
3. Claim:
1) The total contract price of this project includes all risks and expenses. No matter whether the factory building is damaged by typhoon or rainstorm during the construction period, or if the contractor encounters typhoon or rainstorm during the construction period and needs to reinforce the factory building, the contractor shall not claim compensation from the employer or increase the cost.
2) If the plants purchased or planted by the contractor seriously fail to meet the requirements or cause the surrounding plants to wither and be infected with germs, the contractor shall bear all losses and expenses arising therefrom.
3) During the quality guarantee period, the contractor shall replace the defective equipment, and the varieties, specifications and quality of the replaced equipment must meet the design requirements. The contractor shall bear all expenses and risks arising therefrom, and the contractor shall extend the quality guarantee period of the replaced equipment accordingly.
Twelve. Other agreements: This contract shall come into effect after the legal representatives of the contractor and the contractor affix their seals and official seals. This contract is made in duplicate, one for the Employer and one for the Contractor.
Employer: (official seal) Contractor: (official seal) Legal representative: Legal representative:
Authorized Agent: Authorized Agent:
Tel: Tel:
Fan Wensan, Community Greening Contract
Employer: (hereinafter referred to as Party A)
Contractor: (hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC) and relevant regulations, and in combination with the specific conditions of this project, this contract is hereby signed by both parties through consultation for their compliance.
Article 1 General situation of the project
1. Project name: landscape greening project;
2. Project location:
3. Scope and content of project contracting: Party B is responsible for deepening and optimizing the design of the construction drawing of this project.
4. Contracting method: Party B contracts projects, materials, machinery, management, quality, construction period, safety, taxation, civilized construction, deepening and optimizing design, etc.
Article 2 Project duration
1. The commencement date of this project is subject to Party A's commencement notice and confirmed by Party B. The commencement date is 201May 20th and the completion date is 20165438+1October 20th 00.
2. Under any of the following circumstances, the construction period shall be postponed accordingly after being signed by the on-site supervision engineer or engineering representative of the Employer, and the postponed construction period shall be determined in writing.
(1) Six days before the commencement date stipulated in the contract, the employer handed over the contractor's main construction site, access roads, water and electricity for construction, which affected the contractor's construction;
(2) It is clear that the materials, equipment, finished products or semi-finished products supplied by the Employer fail to enter the site at the time agreed by both parties, or the materials, equipment, finished products or semi-finished products entered the site are found to have staged defects when submitted to the Contractor for inspection, and need to be repaired, modified, replaced or replaced, thus delaying the construction progress;
(3) In the process of construction, water supply and power failure continue to affect for more than 24 hours;
(4) The employer's on-site supervision engineer or engineer's representative delays the visa formalities, which affects the constructor of the next working procedure;
(5) Failing to allocate the advance payment, project progress payment and price difference of purchased materials as stipulated in the contract, which affects the construction progress;
(6) The progress of the project is affected by natural disasters (such as typhoons, floods, fires and earthquakes caused by natural causes). ) is irresistible to mankind;
(7) Major design changes occur.
Article 3 Project contract cost:
1. The contract budget of this project is RMB ten thousand Yuan only.
2. According to the eighth standard, the settlement shall be made according to the actual engineering quantity.
Article 4 Supply and Inspection of Materials and Equipment
1. Imported special materials shall be provided by the owner to the site or designated place. If the goods are delivered outside the designated delivery place, the party awarding the contract shall be responsible for the over-distance freight and other expenses;
2. Complete sets of equipment and special equipment shall be tendered, ordered, supplied and delivered to the contractor after commodity inspection. The equipment that arrives in advance shall be kept by the Employer and delivered to the Contractor for safekeeping during installation, and shall not be misappropriated, lost or damaged.
3. All materials, equipment, finished products and semi-finished products shall be accompanied by certificates.
4. If unqualified materials are found, the supplier must transport them out of the field quickly.
5. If the building materials, equipment and certified employers have any objection to the inspection, they can re-inspect. If the products pass the inspection, the inspection expenses shall be borne by the employer who requires the inspection; If the product is unqualified, the inspection fee shall be borne by the contractor.
6. The contractor shall not use building materials, equipment and components. Without qualification certificate and without inspection or appraisal.
7. If Party A changes the materials reserved or purchased by Party B, Party A shall bear the losses caused thereby.
Article 5 Project Quality and Inspection and Acceptance
1. This project has excellent quality requirements;
2. The contractor must carry out the construction in strict accordance with the construction drawings, description documents and relevant codes and regulations promulgated by the state, and accept the supervision and inspection of the site supervision engineer or the employer's engineer representative;
3. The site supervision engineer hired by the owner is Liu Gang;
4. The contractor shall, according to the progress of the project, provide materials, equipment certificates, material substitution and other technical data related to the project quality in time, which can be used only after being agreed and signed by the design unit and the employer.
5. After the concealed works are self-inspected by the contractor, fill in the concealed works acceptance form and notify the on-site supervision engineer or engineer representative for inspection and acceptance. The supervision engineer or engineer's representative shall go to the site for inspection within 24 hours after receiving the notice, and the next working procedure can be carried out only after the visa is approved.
6. The project completion acceptance is based on the construction drawings, drawings descriptions, technical disclosure minutes, design change notices, construction acceptance specifications and quality inspection standards promulgated by the state.
7. After the completion of the project, the contractor shall arrange and provide complete technical files as required, and issue a completion notice. The acceptance time shall be determined by both parties through consultation, and the Employer shall organize relevant units to carry out the completion acceptance. After the acceptance, both parties sign the completion acceptance certificate and hand over the project to the employer for management.
8. The completed and unaccepted projects shall be kept by the contractor before completion.
9. After the project is handed over for acceptance, the warranty period of garden construction project is 1 year, and the warranty period of water and electricity is 2 years. During the warranty period, the damage caused by the construction quality shall be borne by Party B, the greening project shall be maintained for 6 months, and the maintenance water fee shall be borne by the Employer. In case of engineering quality problems caused by construction, the Employer shall notify the Contractor in writing and fix them at the appointed time. The contractor shall make repairs within 7 working days.
Article 6 Changes in construction design
1. The design drawings, descriptions and relevant technical data delivered by the Employer are effective basis for construction, and the Contractor shall not modify them without authorization.
2. The major modification of the construction drawing must be approved by the employer and the design unit, and the design modification agreement shall be handled 2 days before the modification. The design change agreement can only be implemented by the contractor after it is signed by the employer. The agreement and the revised drawings will serve as supplementary documents to the contract.
3. When the revised drawings belong to design errors, equipment changes, structural changes, standard improvement, technical changes, and geological conditions are inconsistent with the actual design, the responsible party shall be responsible for the increased costs (including actual losses such as rework losses, shutdown, slowdown, relocation of personnel and mechanical equipment, and overstock of materials and components) and adjust the contract costs.
4. On the premise of ensuring the engineering quality and not lowering the design standard, the contractor puts forward reasonable suggestions for modifying the design, which will be implemented after being approved by the employer, the design unit or the relevant technical department;
Article 7 Matters for both parties.
1. Employer
(1) Handling land acquisition, young crops, tree compensation, cemetery relocation, house demolition and obstacle removal (including overhead and concealment), and providing relevant information on concealment and obstacles;
(2) before construction? Three links? ; According to the approved construction organization design or construction scheme, install power connection points and water and electricity meters, so that the contractor can charge by the meter;
(3) According to the water supply, power supply, water pressure and voltage in the construction area, take measures to meet the needs of construction water and electricity;
(4) Provide the construction site as required;
(5) Provide 4 sets of complete construction technical data to the contractor within 3 days after signing the contract (subject to the last drawing received);
(6) Determine the positioning piles, leveling points and coordinate control points of roads, lines and sewers of buildings (structures);
(7) Organize the disclosure of construction drawings attended by both contractors and design units, make disclosure minutes signed by the three parties, and distribute them to relevant units within 2 days;
(8) Review the progress of the contractor and pay the progress payment to the contractor in time;
(9) The supervision engineer or engineer's representative stationed at the construction site shall supervise and inspect the progress, quality, concealed works and contract implementation, and be responsible for handling design drawings, design change visas, intermediate acceptance of projects, progress payment visas and other necessary visas.
(10) Organize the project completion acceptance, and cooperate with the contractor for completion settlement according to the date stipulated in the contract.
2. The contractor
(1) Level the construction site, and build water, electricity, roads and temporary facilities within the construction battery limit;
(2) Prepare the construction organization design (or construction scheme), the general construction schedule, the mobilization plan of materials, equipment and finished products and semi-finished products, the water and electricity use plan, the completion notice, and the acceptance sheet of concealed works. , and send it to the employer and relevant units in time;
(3) Purchasing, supplying and managing materials and equipment according to the scope of division agreed by both parties;
(4) Carry out the construction in strict accordance with the construction drawings and specifications, ensure the quality of the project, and complete the delivery as scheduled according to the time stipulated in the contract;
(5) Responsible for site maintenance and cleaning before project completion;
(6) Provide technical data for completion acceptance, handle project completion settlement and participate in completion acceptance;
(7) During the warranty period stipulated in the contract, the contractor shall be responsible for repairing the engineering quality problems that belong to the contractor's responsibility for free.
Article 8 Payment and settlement of project price
1. Pay10% of the total contract price within ten working days after the contract is signed;
2. Party A shall pay 70% of the project progress payment within 10 working days after receiving Party B's project payment application report;
3. After the acceptance of the project, Party A shall complete the audit of the project settlement within 30 days after receiving Party B's statement ... and pay 95% of the total settlement price within seven days after the project settlement; The final payment of 5% of the settlement price shall be paid to the contractor within 10 days after the expiration of the single warranty period of the garden construction project and the greening project.
5. If the Employer defaults on the progress payment or the final payment, it shall be handled according to the relevant regulations of the bank on overdue payment.
6. If the contractor stops working or slows down due to the employer's default on the project payment and poor payment of purchased materials, it will be borne by the employer.
Article 9 Liability for breach of contract
1. Contractor's responsibilities
(1) If the project quality is not in conformity with the contract, it shall be responsible for free repair or rework.
(2) If the delivery time of the project does not meet the requirements, Party B shall pay RMB 10000 Yuan to Party A as liquidated damages for each day overdue.
2. Employer's responsibility
(1) fails to perform its responsibilities as stipulated in the contract, and the completion date will be postponed.
(2) If the project has not been accepted, the Employer uses it in advance or without authorization, and the quality or other problems arising therefrom shall be borne by the Employer.
Article 10 Ways to settle disputes
In case of any dispute during the execution of this contract, both parties shall settle it through consultation in time. If negotiation fails, either party may bring a lawsuit directly to the local people's court.
Article 1 1 Special Terms and Conditions
Under special circumstances, if there are any matters not covered in the terms of this contract, both parties may negotiate special terms according to specific conditions and relevant regulations.
Article 12 Supplementary Provisions
Matters not covered in this contract shall be implemented in accordance with the Contract Law of People's Republic of China (PRC) and relevant regulations. All construction drawings of the contract. The above annexes are an integral part of this contract and have the same legal effect. This contract shall come into effect after being signed and sealed by both parties. After the completion of the whole contract project, the inspection shall be conducted and the balance of the project shall be settled. After the warranty period, it will naturally expire.
This contract is made in * * * copies, each party holds 1 copy.
Employer (seal) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Authorized representative (signature): _ _ _ _ _ _ Authorized representative (signature): _ _ _ _ _ _
Date of signing: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _