Beijing Landscaping Project Construction Contract

project name:___________

Employer: _____________

Contractor:_____________

Contract number: __________

Employer: ________________

contractor:________________

Contractor qualification level: ________________

In accordance with the "Contract Law of the People's Republic of China" and the "Construction Engineering Construction Contract" jointly issued by the Ministry of Construction of the People's Republic of China and the State Administration for Industry and Commerce and other relevant regulations, the principles of equality, voluntariness, fairness and honesty and credit are followed. The greening project construction project has entered into this contract through negotiation:

I. Project Overview

Article 1 Project Overview

1.1 Project Name: _____________

1.2 Project Location: _____________

1.3 Project Content: _____________

1.4 Project approval number: _____________

1.5 Source of funds: __________________________

Article 2 Project contracting scope

2.1 Contracting scope: __________________________

2.2 Total area of ​​the project: ________________________

Second, the contract file and drawings

Article 3 This contract file and explanation order

3.1 Unless otherwise agreed by the parties, the files that constitute this contract and the order of priority interpretation are as follows:

Supplementary agreement signed by both parties

Terms of this contract

Winning bid notice

Tender and its attached files

Standards, specifications and related technical files

drawing

Bill of quantities

Engineering quotation or budget

Written agreements or files such as negotiations and changes between the two parties are considered to be part of this contract.

Article 4 Applicable Laws, Standards and Specifications

4.1 Applicable laws and regulations: Relevant laws and regulations of the State and relevant laws, regulations and normative files of Beijing Municipality are binding on this contract.

4.2 Applicable standards and normative names: “Code for Construction and Acceptance of Urban Landscaping Projects”, “Wooden Seedlings for Plant Materials for Urban Landscaping”, “Management Standards for Urban Landscaping Maintenance”, _____________.

4.3 The parties have agreed to include additional provisions.

4.4 If the agreement between the two parties on the content of the contract is inconsistent with the above-mentioned laws, standards and norms, the laws, standards and norms shall prevail.

Article 5 drawing

5.1 The date and number of drawings provided by the contractor: ____________________________________________________

5.2 The Contractor shall not transfer the project drawings to a third party without the consent of the Employer.

5.3 The special confidentiality requirements of the contractor for the drawings: __________________________________________________

Third, the rights and obligations of both parties

Article 6 Supervision

6.1 Name of the supervision unit: _____________

6.2 Supervision Engineer

Name: _________________________ Title: ______________________

Authority: ________________________

The authority required to obtain approval from the contractor:

Except as expressly agreed in this paragraph or agreed by the contractor, the supervising engineer shall not be entitled to terminate any rights and obligations of the contractor as agreed in the contract.

Article 7: Representatives of both parties stationed on the site

7.1 Name of the agent who is stationed on the site: _________________

Authority: _________________________________________

7.2 Name of the contractor’s resident representative: __________________

Authority: ______________________________

7.3 When any of the representatives of the site is changed, they shall notify the other party in writing 7 days in advance, and clearly indicate the handover time and permission.

Article 8 Employer's work

8.1 The Employer shall complete the following work and bear the corresponding expenses according to the time and requirements stipulated in this contract: __________________

Ensure that the construction site meets the specific requirements and completion time of the construction conditions: __________________________

Time, place and supply requirements for connecting the water, electricity, telecommunications and other pipe network lines required for construction to the construction site: ________

Time and requirements for opening the access road between the construction site and the public road: ________________________________

Engineering geology and underground pipe network line information provided: ____________________________

The name and completion time of the documents required for construction and the completion date handled by the contractor: ______________

Leveling points and coordinate control points for inspection requirements: ___________________

The time when the organization drawing will be reviewed and the design will be paid: ____________________

Coordinate the treatment of underground pipelines and adjacent buildings, structures and ancient and famous trees around the construction site: _____________

The parties agree on other work that the contractor should do: ______________________

8.2 The work of the contractor entrusting the contractor: _________________________

Article 9 Contractor's work

9.1 The Contractor shall complete the following work in accordance with the time and requirements as stipulated in this contract:

The name of the plan, the report, and the time of completion should be provided: ____________________

Responsibility and requirements for construction safety and non-night construction lighting:

Requirements for providing office and living houses and facilities to the contractor: ________________, the contractor bears the costs incurred.

The contractor shall handle the procedures for traffic sanitation and construction noise management at the construction site: _________, the contractor shall bear the expenses incurred thereby.

Responsible for the project protection work that has been completed but not delivered to the contractor; special requirements and expenses for the protection of finished products: ____________

Do a good job in the protection of underground pipelines and adjacent buildings, structures, and ancient and famous trees around the construction site, specific requirements and cost commitments: ____

Ensure that the construction site is clean and in compliance with the relevant provisions of environmental sanitation management, and: ___________________

Other work that the contractor agreed to by the parties: __________________

Fourth, construction organization design and construction period

Article 10 Contract Period

Start date:

Completion date:

Total contract days for contract duration _____________ days

Article 11 Progress Plan

11.1 The contractor provides the time for the construction organization design and schedule:

11.2 When the contractor confirms the construction plan and progress plan in writing or proposes amendments: _____________, if the contractor fails to confirm and fails to propose amendments, it shall be deemed as consent.

11.3 Requirements for progress plans in group projects: ________________

11.4 The Contractor must organize the construction in accordance with the confirmed schedule and accept supervision and inspection. If the actual progress is not in line with the schedule due to the contractor's reasons, the contractor has no right to propose an additional contract price for the improvement measures.

Article 12: Delay in commencement: ______________________

If the contractor starts to delay the construction due to the contractor, the contractor shall bear the losses caused by the contractor and delay the construction period; if the contractor fails to start work on time, he shall notify the contractor in writing 7 days in advance and obtain the consent of the contractor to issue the contract. If the person does not agree to the extension or the contractor fails to issue the extension notice within the prescribed time limit, the construction period will not be postponed.

Article 13 Suspension of construction if occurred:

If the contractor stops the work due to the contractor, the contractor shall bear the additional contract price incurred, compensate the contractor for the losses suffered, and delay the construction period accordingly; if the contractor stops the work, the contractor shall bear the expenses incurred, and the construction period will not be postponed.

Article 14 Delay in construction period

14.1 Due to the following reasons, the delay in the completion date is delayed, and the contractor confirms that the construction period is postponed accordingly.

The contractor failed to provide the drawings and conditions of commencement on the agreed date;

The contractor failed to pay the project advance payment and progress payment according to the agreed date, so that the construction could not be carried out normally;

The contractor did not provide the required instructions, approvals, etc. as agreed in the contract, resulting in the construction not being able to proceed normally;

The construction period is affected by changes in engineering volume or major design changes;

Non-contractor causes stoppage due to reasons such as water stoppage or power outage;

Force majeure and natural disasters;

The contractor agrees to other circumstances in which the construction period is postponed accordingly;

Other factors that can adjust the duration:

14.2 The Contractor shall report to the Employer and the Supervisor on the content of the delay and the economic expenses incurred as a result within 3 days after the occurrence of the above situation. The Employer will confirm the reply within 7 days after receiving the report. If the applicant fails to reply within the time limit, the contractor can regard the extension request as confirmed.

Article 15 advance schedule

15.1 If the construction period needs to be advanced, the parties agree as follows:

The time when the contractor requested early completion: _____________

The rushing measures that the contractor should take: ______________

The conditions that the contractor should provide: __________________________

Increased economic expenditures and expenses incurred as a result of rushing work: ____________

V. Quality and inspection

Article 16 Project Quality

16.1 Engineering Quality Standards: _______________

16.2 If there is any dispute over the quality of the project, the ____________ quality supervision station shall determine the required expenses and the losses caused by the responsible party.

Article 17 Intermediate acceptance of concealed works

17.1 The part of the intermediate acceptance agreed by both parties: __________________

17.2 The contractor shall self-inspect the project before it has coverage, cover-up conditions or the intermediate acceptance site, and notify the contractor and the supervisor for written inspection 48 hours in advance. After the acceptance is passed, the contractor and the supervisor shall sign the acceptance record before concealing and continuing the construction. If within 48 hours, the contractor and the supervisory party do not accept the application and do not submit a written extension request, the contractor may organize the acceptance by itself, and the contractor and the supervisor shall acknowledge the acceptance record. If the acceptance is unqualified, the contractor shall re-acceptance after modification within a limited time, and the required expenses shall be borne by the contractor and shall not affect the construction period. In addition, the economic expenses that affect normal construction will be borne by the contractor, and the construction period will be extended accordingly.

Sixth, safe construction

Article 18 Safe Construction

18.1 The contractor shall abide by the relevant regulations on safety construction of engineering construction, organize construction in strict accordance with safety standards, and accept the supervision and inspection carried out by industry safety inspectors according to law, and take necessary safety protection measures to eliminate hidden dangers. The contractor shall be responsible for the liability of the contractor for the failure of the safety measures and the costs incurred.

18.2 The Employer shall provide safety education to the staff at the construction site and be responsible for their safety. The contractor shall not require the contractor to carry out the construction in violation of the safety management regulations. For the safety accident caused by the contractor, the contractor shall bear the corresponding responsibility and the expenses incurred.

Article 19 Accident Handling

19.1 In the event of major casualties and other safety incidents, the contractor shall promptly report to the relevant department and notify the contractor according to the relevant regulations, and at the same time, according to the requirements of the relevant government departments, the responsible party shall bear the expenses incurred.

19.2 If the contractor or the contractor has disputes over the liability of the accident, it shall be handled according to the relevant government departments.

Seven, contract price and payment

Article 20 Contract price

20.1 The Employer guarantees payment of the contract price and other payments due in accordance with the terms and conditions stipulated in the contract.

20.2 Amount: _____________ yuan

:________________yuan

Article 21 Adjustment of the contract price

21.1 The price of this contract shall be determined in accordance with the provisions of the bidding documents by means of _______.

21.2 The contract price may be adjusted if there is a design change or negotiation. The adjustment method of the contract price: _______

Article 22 Confirmation of quantity of work

22.1 When the Contractor submits the completed quantity report to the Employer: _______

22.2 The time when the contractor verifies the completed quantity report: _____________ If the contractor fails to verify the quantity of the project within the time limit, the amount of work listed in the contractor's report will be deemed to be confirmed and used as the basis for payment of the project price. If the contractor verifies that the project quantity has not been notified to the contractor 24 hours in advance, the confirmation result is invalid.

22.3 The contractor shall not confirm the contractor's work beyond the scope of the design drawings and the rework caused by his own reasons.

Article 23 Payment of construction funds

23.1 Within _______ days after the contract takes effect, the Employer shall pay the Contractor _______% of the total cost of the Contract as an advance payment.

23.2 Payment method and time agreed by the parties for the payment of the project: ________________

Disbursement of project progress time

Representing the total cost of contractual contracting

percentage

Amount

Renminbi

23.3 The contractor shall pay the construction cost to the contractor according to the contract of the preceding paragraph within _______ days after confirming the result of the project quantity.

23.4 After the completion of the project, the completion and acceptance of the project and the completion of the corresponding settlement procedures, within ______ days, the total amount paid by the contractor to the contractor shall reach ___% of the total settlement price of the project, ______% of the total settlement price As a project warranty.

23.5 The warranty period expires. Under the premise that the contractor has fulfilled the warranty responsibility, the contractor will pay the contractor a project warranty at one time.

Eight, material equipment supply

Article 24 The contractor supplies equipment for seedling materials

24.1 List of equipment for supply of seedling materials by the contractor

24.2 Standards for the inspection of seedling materials and materials agreed by both parties: _________________

24.3 When the equipment for seedling materials supplied by the contractor does not conform to the list, the parties agree that the contractor shall bear the following responsibilities: _________

24.4 Settlement method for the supply of seedling material equipment by the contractor: ____________

Article 25 Contractors purchase equipment for seedling materials

25.1 Contractor's agreement to purchase equipment for seedlings and materials: ______________

25.2 Procurement of seedlings should be issued with proof of origin of seedling products.

25.3 Proof of quarantine and method agreed by both parties: __________________

Nine, engineering changes

Article 26 Design Changes

During the construction, the contractor changes the original design, and the contractor sends a written notice of change to the contractor, and the contractor changes according to the notice. If the contractor requests changes to the original design, it can be implemented only after approval by the contractor or the supervisor, and a written change agreement is signed.

Article 27 Other changes

In the event of any changes other than design changes during construction, both parties shall confirm the form of the agreement.

Article 28 determines the price of the change

28.1 The Contractor shall submit changes to the quantity of work and the price report within 5 days after receiving the notice of change or signing the change agreement.

28.2 The Employer shall confirm the receipt of the change information report within 5 days after receiving the change report. If the overdue reason is not confirmed without confirmation, the change report is deemed to have been approved.

X. Completion acceptance and settlement

Article 29 Completion Acceptance

29.1 The project has the conditions for completion acceptance. The contractor informs the contractor in writing and provides the contractor with complete completion information and completion acceptance report. The contractor will organize the acceptance within 10 days after receiving the above file. If the contractor fails to submit the amendment within 10 days after the acceptance or acceptance without any justification, the completion acceptance report is deemed to have been approved.

29.2 The date of completion is the date of acceptance of the completion of the project. The warranty period officially begins.

29.3 For special reasons, when some units of the project and parts need to be completed, the two parties shall conclude the completion agreement and clarify the responsibilities of both parties.

Article 30 Completion settlement

30.1 After both parties have gone through the engineering acceptance procedures, the two parties will settle the project.

30.2 The contractor shall submit the settlement report and complete settlement information and as-built drawings to the contractor within 15 days of the completion acceptance.

30.3 The contractor shall submit an audit opinion and sign it within 20 days from the date of the receipt of the settlement information report.

30.4 The contractor shall deliver the completed project to the contractor within 5 days after receiving the settlement payment.

XI, quality warranty

Article 31 quality warranty

During the quality warranty period, the contractor shall bear the responsibility for the quality warranty of the project in accordance with the relevant laws, regulations and rules and the agreement between the parties.

31.1 Engineering Quality Warranty Scope and Content:

31.2 Quality Warranty Period: According to the “Construction Engineering Quality Management Regulations” and relevant regulations, both parties agree that the quality warranty period of this project is as follows:

Civil engineering: __________________________

Green planting project: ______________________

Fountain, sprinkler irrigation project: ____________________

Other ancillary works: ______________________

The quality warranty period is calculated from the date of acceptance of the project completion.

Article 32 Quality Warranty Liability

32.1 For items that fall within the scope of the warranty, the contractor shall send a warranty within 7 days from the date of receipt of the warranty notice.

32.2 In the event of an emergency repair accident, the contractor shall arrive at the scene of the accident within 24 hours after receiving the notice of the accident.

32.3 The greening planting project should reach the level 2 maintenance standard during the warranty period.

32.4 During the warranty period, plant material such as seedlings is found to be dead, and should be replaced according to the original design variety and specifications during the planting season.

Article 33 Warranty Fee

33.1 Warranty costs are borne by the responsible party responsible for the quality defect.

33.2 The commitment of water and electricity expenses during the maintenance period agreed by both parties: ____________

Article 34 Others

Other warranty matters agreed by both parties: _______________

XII. Breach of contract and disputes

Article 35 Liability for breach of contract

35.1 Any party who violates the agreement of this contract shall bear the losses caused thereby.

35.2 The amount of default and calculation method that should be delivered due to delay of completion due to the contractor: _____________

35.3 If the project fails to meet the quality requirements due to the contractor's reasons, the liability for breach of contract shall be borne: __________

35.4 The contractor fails to pay the breach of contract for the project payment on time: _______________________________

35.5 Other: ________________

Article 36 Dispute Resolution

The disputes arising during the performance of this contract shall be settled through negotiation between the parties. If the negotiation fails, the following _________ methods shall be adopted:

Prosecuted in accordance with the law in the _________ People's Court;

Submit to the ________________ Arbitration Commission for arbitration.

Thirteen, other

Article 37 Project Subcontracting

37.1 Subcontracting Units and Subcontracted Project Contents: _______________________

37.2 Subcontracted project price and settlement method: ______________________

Article 38 Force Majeure

38.1 Agreement between the two parties on the scope of force majeure: ________________

38.2 The costs and delays due to force majeure shall be borne by both parties as follows: _________

The damage caused by the project itself, the third-person casualties and property losses caused by the engineering damage, and the damage to the materials and equipment to be installed that are transported to the construction site for construction shall be borne by the contractor;

The casualties of the contractor and the contractor shall be the responsibility of the unit in which they are employed and shall bear the corresponding expenses;

The contractor shall bear the damage to the contractor’s mechanical equipment and the loss of work stoppage;

During the period of suspension of work, the contractor shall be responsible for the expenses of the necessary management personnel and security personnel required by the supervision engineer to remain at the construction site;

The cost of cleaning and repairing the project shall be borne by the contractor;

The delay in the construction period will be postponed accordingly.

38.3 Failure to perform due diligence after the performance of the contract by the contracting party shall not relieve the party of the corresponding responsibility of the delaying party.

Article 39 guarantee

39.1 The guarantees agreed by both parties of the project are as follows:

The Employer provides the Contractor with a performance guarantee in the form of: ______________

The contractor provides the performance bond to the contractor with the guarantee: _______________

Other guarantees agreed by both parties: ____________________

The guarantee contract is attached to the contract.

Article 40 contract cancellation

40.1 The two parties can agree to cancel the contract.

40.2 The contractor fails to pay the construction cost according to the contract. The two parties have not reached the deferred payment agreement. The contractor can stop the construction and stop the construction for more than 30 days. The contractor still does not pay the construction cost, and the contractor has the right to terminate the contract.

40.3 The contractor subcontracts all the works contracted by the contractor to others or dismembers them and subcontracts them to others in the name of subcontracting. The contractor has the right to terminate the contract.

40.4 In any of the following circumstances, the contractor and the contractor may cancel the contract:

The contract cannot be performed due to force majeure;

The contract was not fulfilled due to a breach of contract by one party.

40.5 After the contract is terminated by the judicial procedure, the contractor shall properly perform the work of protecting and transferring the completed works and purchased materials and equipment, and withdraw the own mechanical equipment and personnel from the construction site according to the requirements of the contractor. The Employer shall provide the necessary conditions for the Contractor to withdraw, pay the above expenses, and pay the completed project price as agreed in the contract. The materials and equipment that have been ordered shall be returned or cancelled by the ordering party. The uncollected payment and the expenses incurred due to the return or cancellation of the order shall be borne by the contractor, and the loss caused by the timely return shall be borne by the responsible party. In addition, the party that is at fault should compensate for the loss caused by the contract to the other party.

40.6 After the contract is terminated, it does not affect the validity of the settlement and liquidation clauses agreed upon by the parties in the contract.

Article 41 Entry into force and termination

41.1 This contract is effective as of the date of ____________.

41.2 This contract is terminated after the parties have completed the mutually agreed work content.

Article 42 Contracts

42.1 The original two copies of this contract are equally valid and each party holds one copy. The number of copies of this contract is ___________, which is held by both parties.

Article 43 Supplementary Provisions

The two parties may, in accordance with the relevant laws and administrative regulations, combine the actual conditions of the project and, after consensus, may clarify, supplement or modify this contract.

Contractor: _________ Contractor: _________

Accommodation: ___________________ Residence: ___________________

Legal representative: _____________ Legal representative: __________

Entrusted representative: _____________ Entrusted representative: _____________

Phone: ___________________ Phone: ___________________

Fax: ___________________ Fax: ___________________

Bank of deposit: _______________ Bank of deposit: _______________

Account number: ___________________ Account number: ___________________

Postal code: _______________ Postal code: _______________

_______Year ______Month ______Day ____Year ______Month______Day

Place of contract: ___________

Attached files:

Contractor supply seedling material equipment list

Serial number

Seedling material name

specification

model

unit

Quantity

unit price

supply

time

service

location

Remarks

Total price:

Beijing Administration for Industry and Commerce

Beijing Municipal Bureau of Landscape Development

Second oo four years in February