Employer (Party A):
Contractor (Party B):
In accordance with People's Republic of China (PRC) Contract Law, People's Republic of China (PRC) Construction Law, Hefei Construction Market Management Regulations and other relevant laws and regulations, following the principles of equality, voluntariness, fairness, honesty and credit, and in combination with the actual situation of this project, Party A and Party B have reached an agreement through consultation to clarify the responsibilities, rights and obligations of both parties.
I. Overview of the Project
1. 1 Project name: Hefei Binhu Century City Project.
1.2 Project location: Huizhou Avenue and Ziyun Road.
1.3 project features: Building X#(X) in E9 District of Hefei Binhu Century City, each building is about 2 1250 square meters, with full cast-in-place structure, with one basement and 33 floors above ground.
Second, the scope and methods of contracting:
(1) Contract content: All exterior wall coatings of unpainted tile exterior walls, decorative lines, roof frame beams, bay windows and other parts of X# and X# buildings in E9 District of Hefei Binhu Century City.
Material: domestic exterior wall paint designated by Party A, white, durable > > 〉20xx years, and the warranty period is 7 years.
Requirements: Use Jiuyuan brand external wall waterproof putty designated by Party A, the bottom material of Jiuyuan brand external wall shall be sealed once, and the fabric shall be designated twice by Party A, and all the operation procedures required by construction technical disclosure shall be implemented for painting and coating.
Provide relevant enterprise qualification certificates as an annex to the contract.
Party B is responsible for the operation of scaffolding and hanging baskets.
Contracting method: contracting labor and materials.
(2), the contract price calculation method and its content:
The settlement price is determined by multiplying the actual construction area by the comprehensive unit price (the mechanical and material costs provided by Party B have been included in the comprehensive unit price of the contractor contracting this project).
1. Composition of contract price: valuation method and standard: comprehensive unit price of exterior wall and concrete latex paint coating project (including basic treatment, waterproof putty for exterior wall twice, back cover once, latex paint coating twice, etc.) after Party B completes all projects within the contract scope. ) The EX-X# and X# buildings of Hefei Binhu Century City shall be undertaken by Party B, with an actual construction area of 22. 0 yuan/㎡. The contract price is all expenses (including quality, safety, civilized construction, machines and tools, etc. ) For all the work within the scope of Party B's contract, except the structural cement provided by Party A, all other materials shall be borne by Party B. The site transportation, construction difficulty and construction technology of this project have been comprehensively considered. Putty and paint must be designated by Party A and purchased by Party B. ..
2. Deduct relevant expenses and advance wages at the time of settlement.
3. The unit price is fixed and will not be adjusted due to market price and policy documents in the future.
4. The price has included all taxes and invoice fees.
5. The price already includes the ultra-high cost.
6. The above is all the work contents of the drawings. If the above construction contents are directly subcontracted by the owner in the actual construction process, Party A has the right to deduct them from the above unit price and settle the accounts according to the actual project.
7. (The contract unit price has included Party B's management fee, temporary residence permit, raincoat, rain boots, gloves, social pension, labor insurance fee, tool fee, medical fee, ultra-high fee, high temperature cooling fee, accident handling fee and all subsidies for on-site civilized construction, etc. ). Party A will deduct the corresponding amount for the projects that have not been constructed within the construction scope of Party B.. No matter how the project is constructed, how the site conditions change and how difficult the construction is, the unit price of this contract will not be adjusted. Except for the expenses arising from rework due to Party A's reasons, all others are calculated at a fixed price.
8. The sub-item construction includes the maintenance of the completed project and the protection of finished products, such as the back plug of the construction hole, the paint repair of the pipe hole of the box groove, and the whole operation process required by the construction technical disclosure for each sub-item.
9. Contracting method: contracting for work and materials.
Three. Engineering quality: high-quality standard, in line with the Code for Acceptance of Construction Quality of Building Decoration Engineering (GB502 10-20xx).
Four. Time limit for a project: strictly follow the construction progress plan formulated by Party A, and ensure that all the work in the contract of this project is completed before May 10 of 20xx; Otherwise, a fine of 1000 yuan will be imposed for each day of delay.
Verb (abbreviation of verb) civilized and safe construction: provincial civilized and safe model construction site, without major safety accidents.
Duties, rights and obligations of Party A:
1. Provide all kinds of engineering materials needed for the project and make technical disclosure to Party B. ..
2. Issue the construction progress plan and operation time of each construction layer.
3. Provide vertical mechanical equipment, deliver it to Party A completely after the project is completed, and keep other tools.
4. Assist Party B to handle the handover procedures of relevant processes. Assist Party B to purchase necessary labor tools and labor protection articles.
5. Implement Party A's rules and regulations and reward and punishment measures (Party A shall submit a system compilation to Party B as an annex to this contract); If Party B's workers fight during the construction period, each person will be fined 500 yuan every time, and a group fight involving more than 5 people will be fined 500 ~ 5,000 yuan each time.
6. Provide the relevant system of the unit, and make disclosure, supervision and inspection on Party B's quality, safety, progress and civilized construction, and reward the excellent and punish the poor.
7. Party B's construction personnel who are unsuitable for operation, are too old, have low technical quality and ignore rules and regulations shall be ordered to leave.
8. In the process of project construction, if Party B's construction force cannot meet the requirements of quality, time limit, safety and civilized construction, Party A will organize other forces to enter the site, and the expenses arising therefrom will be deducted from Party B's settlement for the second time.
9. Strengthen the education of laws and regulations for Party B, urge Party B to abide by the laws and regulations, and safeguard the corporate reputation.
Seven. Responsibilities, rights and obligations of Party B:
1, according to the requirements of construction progress, quality and engineering construction, organize skilled workers to enter the site as scheduled. Organize the construction in strict accordance with national standards, safety operation procedures and technical disclosure requirements (male construction workers must be between 19-55 years old and hold relevant certificates). Persons suffering from diseases that seriously affect the operation of this type of work are not allowed to enter the site, and child labor is strictly prohibited. Three bareheaded photos of 1 inch and two copies of the roster shall be submitted to each participant. During the contract period, without Party A's permission, Party B shall not change the construction personnel at will to ensure the stability of the technical force of the team. If there is any personnel change, it must be approved by the project department before it can be changed and put on record. (Party A does not provide accommodation and expenses for female employees). Personnel involved in the construction must apply for personal insurance at their own expense.
2. Obey the unified leadership and management of Party A, equip part-time quality controller, do a good job of self-inspection and assist the handover inspection of the next working procedure, provide working time for the next working procedure as soon as possible, ensure the engineering quality and complete the task on schedule.
3, equipped with part-time security officer, to educate employees, improve their awareness and ability of self-protection.
4, a week in advance to report all kinds of materials, equipment plan, put an end to material waste, to ensure the normal construction. Strictly abide by the operating rules for safe production, obey the safety education and technical guidance of the safety officer of the project department and the person in charge of each function, adhere to the pre-shift education, put safety first, enhance the employees' awareness of self-protection and ensure safe production. Who is responsible for production safety accidents? The expenses incurred shall be borne by the responsible party.
5. Maintain, keep and use the machines and tools provided by Party A to ensure the utilization rate and intact rate. Damage without cause, according to the actual price compensation.
6. Implement Party A's rules and regulations and reward and punishment measures (Party A shall submit a system compilation to Party B as an annex to this contract).
7. If Party A gives orders in violation of regulations during construction, Party B has the right to raise objections, correct them and report to the project department.
8. According to the requirements of the national and local government construction administrative departments for civilized construction site construction, do a good job in civilized construction. Reusable materials and appliances after use should be cleaned up in time and packed neatly according to the specifications. Before coming off work, clean up the residual materials on the finished surface, send the waste to the designated place, and punish the waste of materials according to the regulations.
9. Actively participate in various activities organized by Party A and unconditionally accept the safety and civilized activities of the project department.
10, Wu Fengyang himself must be at the construction site, take the shift and coordinate related work, otherwise the personnel will leave unconditionally.
Eight, labor settlement and payment methods:
1. The labor fee shall be settled in a comprehensive lump sum, leaving no survivors. Party B shall successfully complete the work according to the above requirements, and Party A shall settle accounts with Party B according to the actual construction area and contract unit price.
2. Payment method: Party A and Party B agree that Party B shall pay wages in advance every month after the 25th of the following month (including paid meal tickets, etc.). ) It shall comply with the relevant standards of Hefei (according to 600 yuan/person/month) and be paid according to the actual personnel on site (the monthly advance salary shall be deducted from the project payment). After the rest of the project entertainment is completed, it will be paid to 60% of the total project amount (including salary advance payment) and 95% of the total price within 3 months after the completion acceptance. 5% of the contract price will be used as the quality warranty payment, which will be paid after the warranty period expires. Before payment, Party B shall handle the payment signatures and relevant procedures of all departments of Party A. ..
3. The salary paid by Party B to the construction personnel shall meet the relevant standards of Hefei. Party B shall guarantee to pay the wages of migrant workers in full. If workers make trouble or petition due to labor disputes, Party A will impose a fine of 10% of the contract price on Party B, and have the right to deduct Party B's project payment to directly pay the wages of migrant workers.
4. If Party A is unable to pay the project payment in time due to the temporary shortage of funds, Party B shall fully understand and have the ability and obligation to resist risks with Party A, and Party A shall postpone the payment appropriately. Party B shall not affect the project due to temporary shortage of funds, nor shall it be regarded as Party A's breach of contract, but Party A shall actively organize funds to pay the project payment as soon as possible.
5, sporadic employment outside the scope of the contract, with the completed project visa icon to implement the labor quota, there is no quota to rely on the project alone, and timely handle the relevant procedures.
6. The settlement of labor costs shall be verified according to the project quality, progress, safe production, civilized construction and material consumption, and all assessments shall be included in the labor costs. In case of fines imposed on Party B's quality, progress, safety and civilized construction by the department at the next higher level, Party B shall bear the full amount.
7. The settlement of labor costs inside and outside the contract scope shall be countersigned by the builder, quality engineer, safety officer, material engineer and material engineer, reviewed by the budget engineer, and come into effect after the approval of the project department.
8. Labor service expenses include: workers' wages, travel expenses, medical expenses, insurance premiums, labor insurance supplies, construction period, quality and safety, and other contracting risk expenses.
9. The use fee of small tools shall be borne by Party B. ..
Nine. others
1. If civil and criminal liability cases and casualty accidents occur to Party B's personnel outside or inside the construction site due to Party B's own reasons, Party B shall bear the responsibilities and economic expenses by itself, and Party A may assist in handling them.
2. The casualties of Party B's related personnel due to sudden illness have nothing to do with Party A..
3. Where Party B voluntarily exits due to insufficient construction strength, poor technical quality, non-acceptance of management and ineffective rectification within a time limit, the completed labor cost shall be calculated as 50%.
4. Party B shall bear all expenses arising from the quality problems of the completed project and the impact on the next working procedure.
5. Civilized construction: Party B must carry out civilized construction according to the requirements of the project department. All expenses arising from failing to meet the requirements of civilized construction shall be borne by Party B. If the rectification is not effective and timely, the project department will arrange other personnel to carry out the work (such as cleaning and cleaning up the remnants of the working face), and the project department will charge double the fees and impose corresponding penalties according to relevant systems.
6. Duration: Party B must strictly follow the construction progress plan formulated by the project department. Shall not delay the construction period and affect the construction of the next working procedure. If the construction period is affected due to Party B's reasons, the expenses arising therefrom shall be borne by Party B. ..
7. Safety in production: Party B must strictly abide by the safety operation rules, obey the management of the safety officer of the project department, and put an end to illegal operations and various safety accidents. In case of an accident, the party responsible for the accident shall bear the responsibility.
8. For other matters not covered, supplementary terms shall be negotiated separately, and the supplementary terms shall have the same effect as this contract.
9. This contract is made in triplicate, with Party A holding two copies and Party B holding one copy. It will take effect after being signed by both parties, and will be terminated naturally after payment.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Labor Contract II for Exterior Wall Coatings
Party A:
Party B:
According to the needs of the project, the external wall and roof facing project of Fuding Jiayuan 35#~38#, a shantytown renovation project in Qiqihar City, is contracted to Party B for construction.
Name of the first project: Buildings 35#~38# of Fuding Jiayuan, shantytown renovation project in Qiqihar City.
Article 2 Scope and Content of the Contract
Exterior walls and roofs shall be twice putty and twice waterproof coating.
Others: self-provided gadgets, scaffolding, hanging, on-site civilized construction, safety protection, construction management and assisting Party A to do all the work and expenses.
Article 3 the contract time limit for a project
1, contract term: line).
2. Party B shall seriously implement the overall progress control plan of the processes and projects arranged by Party A, rationally allocate labor force and scientifically organize construction. Without the consent of Party A, Party B shall not change the construction plan and scheme without authorization. Party B must scrape off the bottom putty before dismantling the external scaffold. The on-site progress is inconsistent with the plan, and a fine of 1 1,000 yuan will be imposed for each day of delay.
3. The external wall coating of each building must be completed within 7 days after the external wall scaffold is dismantled.
Article 4 Contract Method and Contract Price
1. The agreed price is: calculated according to the actual painting area.
2. Party B must ensure that the operators and corresponding management personnel entering the site meet the needs of site construction. Otherwise, Party A has the right to punish or remove it from the field.
2. 1 Contract method: labor settlement. One-time guarantee of labor unit price, including: all the spare labor on the construction site, all the labor invested to create a "safe and civilized construction site", all the labor for finished product protection, all the labor for on-site material transfer and secondary handling, and all the labor for material handling; Entry and exit expenses of the team, all the fees for handling permits (such as temporary residence permit, work permit, health certificate, employment certificate, etc. ), as well as all travel expenses, office expenses and entertainment expenses of Party B; Unless otherwise stipulated in the contract, Party A will not pay any other fees.
2.2 contract unit price: 15 yuan/㎡ calculated according to the actual painting area.
2.3 Site mechanical operators (who must hold relevant certificates) shall be managed by Party B. ..
3. The agreed price includes the following contents: Party B shall complete all the work within the scope agreed in the agreement and bear all the expenses for breach of contract.
Article 5 Settlement and payment of agreed price
1. agreed price settlement: according to the actual painting area, 15 yuan/㎡.
1. 1 Party B completes all contracted projects on time.