2021Aug 10
Party A: Nantong Huarun Construction Engineering Co., Ltd.
Party b:? limited company
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Party A has signed the Daqingbao Construction Contract (hereinafter referred to as the "Master Contract") with China Railway 19th Bureau for the renovation project of the old house in Nanjianxi Village, Xiushui Street, Hetao Village. In order to give full play to their respective advantages, Party A and Party B improve their social and economic benefits. Following the principles of equality, voluntariness, fairness, honesty and credit, after fully understanding the specific conditions of the project, the two parties reached an agreement on the construction of prefabricated stairs and composite floor slab of the old house reconstruction project in Nanjianxi Village along Xiushui Street in Hetao Village and related matters through friendly negotiation.
Rule number one. Project overview:?
1, project name: old house renovation project in Nanjianxi Village, Xiushui Street, Hetao Village.
2. Project location: intersection of Luhong Avenue and Xiushui Street.
3. Project content: recheck the elevation of formwork, paste adhesive tape, unload and install precast slab, treat cracks with ash, embed steel dowel at the upper and lower ends of stair section, and grout slab joints, etc. , in line with the design drawings and specifications.
Article 2 Scope of Project Construction
1. Contract scope: the same as the project scope of the fabricated structure part of the main contract.
2. Project construction scope: including but not limited to pre-installation coordination work, installation work and post-installation coordination work of precast slabs (all work such as shoveling adhesive tape, shoveling cement slurry, plastering cement slurry and grouting). See all drawings, specifications and contract documents for details.
4. Party B shall be responsible for all construction tasks of the whole PK board project according to the drawings and the requirements of the main contract, including the procurement and storage of auxiliary materials, the hoisting construction of prefabricated boards and the protection of finished products.
5. Party A only provides the following materials, but the construction is completed by Party B: precast concrete.
6. Party B has fully understood all the conditions of Party A's project and project site, and based on the current situation of Party A's project site, Party B has fully taken over the construction.
Article 3. Scope and mode of project contracting:
The contracting method is lump-sum contracting, that is, contracting projects, contracting accessories (mortar and grouting materials), contracting safety, contracting quality, contracting time limit, contracting civilized image (creating a provincial and excellent construction site), contracting supporting measures, contracting scheme formulation, contracting construction site and transportation corridor environmental sanitation, etc.
Article 4. Contract price:
1. contract price: the unit price of comprehensive lump sum is 9.0 square meters according to the actual installation area of PK board, without adjustment. Stair hoisting each contains grouting material 350.
2. The unit price includes all expenses of materials, labor, tools and materials, management fees, profits, risks specified in policy documents, technical measures, comprehensive measures, inspection fees, safe and civilized construction, insurance, risks and responsibilities. Free from any policy, market and other factors. Measures include, but are not limited to, environmental protection fees, safety protection and civilized construction measures fees, construction increase fees in winter and rainy seasons and at night, secondary handling fees, rush fees, finished product protection fees, etc.
Article 5 Method of payment for project funds
1. Party B has no advance payment for this project.
2. After receiving the first progress payment from the construction party, Party A shall pay 50% of the completed project quantity to Party B, 85% of the completed project quantity at the end of the year and in the Spring Festival of 2022.
3. Both parties shall establish a special account for * * * management, each party shall manage a bank seal and a U shield for bank online banking, and Party A shall manage the project payment. Before each payment, Party B shall provide a payment application, and Party A shall make payment within 3 working days after approval.
4. Party A does not pay any advance payment, but only after receiving the payment from the employer. Party B shall settle with the Employer in the name of Party A and return the project funds within the scope of this contract. Party B shall fully consider the issue of its own funds. Party B promises that no matter whether it can receive the project payment from the employer, it will pay the labor and material suppliers in time, and ensure that there will be no shutdown, shutdown, trouble, petition, threat or trouble. Due to arrears of wages and materials.
The funds of this project are earmarked. Before paying all engineering costs (including materials, wages and equipment, etc.). ), Party B has no right to use them for other purposes in any form to ensure the smooth progress of the project and the cooperation between the two parties. If Party B fails to pay the salary in time, the consequences shall be borne by Party B.. The profit of this project shall be obtained by Party B in a reasonable and legal way.
Article 6, time limit for a project:
1. Party B promises that the hoisting period of the main body of each building is 4 hours/floor. The delay will be fined Wu Bai dollars per hour.
2. Party B must break it down into weekly schedule and daily schedule according to the general schedule and monthly schedule, and report it to Party A for approval and filing. The plan must be completed on time or ahead of schedule.
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All consequences caused by the delay in the construction period shall be borne by Party B, including but not limited to the direct or indirect losses suffered by Party A as a result. Party B shall ensure that the project is completed on schedule according to the construction period required by the owner, and pay Party A a penalty of 5,000 yuan/day for each day of delay.
4. It takes 24 hours to install the prefabricated PK board, and there are no special circumstances.
Article 7. Engineering quality standards and acceptance: as agreed in the main contract. In case of quality problems, depending on the seriousness of the case, a fine of 1, 000-50,000 yuan/time shall be imposed, and all losses and maintenance and rework expenses caused to Party A therefrom shall be borne.
Article 8. Economic visa:
1. Party A does not issue any economic visa for this project, and any personnel of Party A have no visa right. Project seal, data seal, technical data seal and signature of project department personnel are invalid if they involve economic matters.
Article 9. Construction safety, occupational health and environmental management: as agreed in the main contract. In case of potential safety hazards or accidents, a fine of1000-50,000 yuan/time shall be imposed according to the seriousness of the case, and all losses caused thereby shall be borne.
Article 10 confidentiality clause
This agreement is the true intention of both parties. Both parties shall not disclose the contents of this agreement to any third party, nor shall they question the legal effect of this agreement under any pretext.
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Eleventh, civilized construction: according to the main contract and the owner's requirements. Party A has the right to impose a fine of 2,000-5,000 yuan/time due to the lack of safe and civilized construction.
Article 12 Obligations of both parties:
(1) Responsibilities and obligations of Party A:
1. Party A is responsible for implementing the provisions on time limit, quality, safety and civilized construction in the main contract of the construction unit and the spirit of Party A's safety and civilized management system; Provide a set of master contract design drawings, and explain the construction contents contracted by Party B in the design construction drawings and drawings; Formulate the general construction plan, weekly plan, multi-layer plan, multi-stage plan and overdue breach of contract responsibility of the project contracted by Party B, and the relevant plans will be used as the basis for Party B's time limit assessment after being certified by both parties.
2. Party A shall conduct daily inspection, supervision and management on the project quality, safety and time limit for a project, improve the weekly meeting system of the project department, raise quality and safety issues through meetings or inspections, discuss and answer questions during the process, summarize the completion of weekly and divisional plans, and arrange tasks for next week and divisions.
3. According to Party B's material report and construction plan, Party A is responsible for purchasing and supplying materials such as concrete, mortar, cement, sand and gravel. Party B is responsible for checking the quality of materials entering the site. If quality problems are found, they must be reported to Party A in time. If Party B fails to report or rework the main materials for other reasons, Party B shall bear the material losses and labor costs.
4. Party A is responsible for settling the contract payment of Party B within the agreed time.
5. Party A is responsible for providing living conditions such as canteen, accommodation, water and electricity for Party B's construction personnel.
? (II) Responsibilities and obligations of Party B:
1. Party B is fully responsible for the construction quality, safety and time limit management of its team. The team leader is on duty at the construction site for more than 26 days every month to ensure that all meetings convened by Party A are attended on time. In case of special circumstances, if it is necessary to ask for leave or be absent from the meeting, it is necessary to ask for leave from Party A's supervisor in advance and obtain consent.
2. Party B must obey the command, scheduling, inspection and supervision of Party A's management personnel; Accept the rectification opinions put forward by Party A and the supervisor with an open mind and actively implement the rectification measures.
3. Party B is responsible for reporting the inventory and material plan of concrete, mortar, cement and sand to Party A three days in advance according to the construction progress; Responsible for purchasing the equipment, tools and auxiliary materials needed for standby construction to ensure the normal construction of the project.
4. Party B shall designate a special person to be responsible for the coordination and management of the project construction, and designate technical personnel to cooperate with and assist Party A's construction personnel to do a good job of setting out and measuring, so as to ensure the accuracy of the template axis size and elevation. And designate special safety and quality management personnel.
5. Party B is responsible for cleaning up the construction waste within its construction scope, and transporting the waste to the place designated by Party A. If Party B fails to clean up the piled garbage as agreed, Party A will send someone to handle it on its behalf, and the expenses will be borne by Party B twice.
6. Party B shall be responsible for the coordination and cooperation among the carpentry, bent frame, steel bar, water and electricity installation teams, and obey the unified arrangement and orderly construction of Party A's management personnel. In case of conflicts or disputes between teams, Party B must report to Party A's management and listen to Party A's coordination.
7. The medical expenses and compensation (hereinafter referred to as "total expenses") caused by accidents or force majeure of Party B's personnel during the construction and traffic accidents on the way to and from work for which the traffic police department determined that the victim was not personally responsible shall be calculated and borne according to the following agreement:
(1), part of the total cost within 30,000 yuan (including 30,000 yuan) shall be fully borne by Party B;
(2) If the total cost is more than 30,000 yuan and less than 200,000 yuan (including 200,000 yuan), Party B will still bear 30,000 yuan, and the expenses exceeding 30,000 yuan to 200,000 yuan (including 200,000 yuan) will be borne by Party B and Party A at the ratio of 30% and 70% respectively.
? (3) If the total cost exceeds 200,000 yuan, the part below 200,000 yuan shall be borne by the above two agreed ways, and the part above 200,000 yuan shall be borne by Party B and Party A respectively by 25% and 75%.
If the accident victim meets the requirements of social security claims or can claim compensation from a third party, Party B shall cooperate with Party A to handle insurance claims and claims procedures. After the victims reach an accident handling agreement with Party A, they will no longer enjoy insurance claims and claims, and the claims collected by Party A will be returned to the undertaker in the same proportion as the above-mentioned expenses (excluding the RMB 30,000 already borne by Party B).
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Article 13 Performance bond:
No performance bond
Article 14 Liability for breach of contract: Party B shall bear all the liabilities for breach of contract agreed by the general contractor in the main contract.
1. Party B shall not propose to stop work or leave the site for any reason, and all economic and legal responsibilities arising therefrom shall be borne by Party B. Party B shall compensate the losses caused to Party A, and calculate the liquidated damages according to the date of Party B's stop work 10000 yuan/day; Stop work twice, terminate the contract, and be fined100000 yuan, which will be treated as exit at the time of settlement; When the contract is terminated, it will be deemed as withdrawal, and the amount of work will be settled by 30% or 20% (specifically, 30% or 20% will be determined by the project leader), and the settlement fee will be discounted as overtime pay for the replacement team.
2. If Party B completes the construction task on time or ahead of schedule, it will not be rewarded or punished. If the project is delayed for half a day due to Party B's reasons, it will be fined 5,000 yuan/day, and those who complete it on time will be exempted from handling; If the delay of the section plan exceeds 1 day, the liquidated damages will be 20,000 yuan/day, and the liquidated damages that have been processed before the completion of the agreed construction period within the insurance scope of Party B will be fully returned (the specific assessment method will be calculated according to the specific hoisting situation).
3. Party B must pay the wages of its construction personnel in time. If Party B defaults or deducts the wages of construction workers, all economic and legal responsibilities shall be borne by Party B in case of riots, petitions and litigation disputes.
Party A has nothing to do with the wage dispute of Party B's employees. If Party A's corporate reputation is affected, it will be fined 65,438+00,000 yuan. If the nature of Party B's wage arrears is serious, Party A may report to the public security organ for accountability.
4. If Party B is notified or punished by the construction unit, supervisor or administrative organ for the quality of the project, all the responsibilities shall be borne by Party B, and each (time) fine that affects the reputation of Party A's enterprise shall be more than RMB 100000. If the circumstances are serious, Party A has the right to unilaterally terminate the contract and expel Party B from the site, and the settlement price of qualified quantities completed by Party B before is calculated at 80%.
5. If Party B fails to clean up and pile up according to regulations, Party A will organize other personnel to clean up and pile up for Party B. If Party B wastes or loses materials at will, it will be fined twice the original price of the materials.
6. If safety accidents such as personal injury to people or others are caused by Party B's illegal command or construction personnel's illegal operation, all economic and legal responsibilities, regardless of the amount, shall be borne by Party B, and Party A will not make any subsidies.
7. All medical expenses and compensation (hereinafter referred to as all expenses) caused by accidents or force majeure of Party B's personnel in the construction process and traffic accidents on the way to and from work that the traffic police department determines the victim is not personally responsible shall be borne by Party B. ..
Article 15: Other
1. Provide a beautiful environment for the living area. Party B is strictly forbidden to take the formwork from the construction site to the living area to make tables, stools or other purposes. If found, Party B will be charged 200% of the cost price and dismantled within a time limit.
2. The employment age of Party B shall not exceed 60 for men and 55 for women.
3. If there is any inspection, Party B must cooperate unconditionally. If it is Party B's responsibility, Party B must obey the management personnel of the project department. If it is not the responsibility of Party B, the project department will deduct the other party's money from it to ensure that Party B has no losses.
4. electricity for dormitory is provided free of charge. Usually, electricity consumption is 40 degrees a month. If the temperature exceeds 36 degrees, and the monthly electricity consumption exceeds 100 degrees, Party B shall bear it. ..
5. Employees who don't take the real-name registration system registration channel for attendance will be fined one hundred yuan per shift.
6. It is forbidden to cook in the dormitory. Found a fine of 500 to 5000 yuan, confiscation of cooking utensils.
Article 15: Dispute Resolution Method
Matters not covered in this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit may be brought to the people's court where Party A is located.
This contract shall come into effect after being signed and sealed by both parties. This contract is made in triplicate, one for each party and one for the construction enterprise. Attachments: Safety Management Responsibility Agreement and Dormitory Management Regulations, as attachments to this contract, have the same legal effect as this contract.
Party A: Party B: (signature, handprint)
? Home address:
? Contact telephone number:
? Representative of Party A: (signature): ID number:
? Attachment: ID number