Part I Letter of Commitment for Performance Guarantee
To: No.2 Work Area of Zhang Tang Railway Project Manager Department of China Railway 14th Bureau Group Co., Ltd.
We voluntarily cooperate with your company (hereinafter referred to as? Party a? ) discuss and reach an agreement on the construction labor cooperation of the second work area project of Zhang Tang Railway Project Management Department of China Railway 14th Bureau Group Co., Ltd., and make the following commitments.
1, ensure that the project undertaken is not subcontracted or subcontracted, otherwise it will be regarded as our breach of contract, and the performance bond paid by us can be confiscated as a fine.
2. Ensure to obey the leadership, scheduling and coordination of Party A, and handle the cooperative relationship with adjacent construction units. If the construction scheme, construction period, etc. are changed. Or our reasons, we will obey Party A's adjustment of our tasks.
We promise that there is no need to pay the advance payment for this project. In the process of project payment, if the owner fails to allocate funds to Party A on schedule, the funds allocated to us by Party A can be postponed by the same amount. The appropriation is based on the monthly work inspection, and we provide the monthly work inspection and valuation data in time, and agree that the work inspection and valuation is the payment for qualified and excellent projects, which shall be calculated according to the number of projects approved by Party A and shall not exceed the construction drawing.
4. 0. 1 of the contract price for each day of delay in the construction period? Punishment; If it exceeds 5 days, the construction period will be delayed by 0.5 times of the contract price for each day exceeding. Punishment; If it is over 10 days, Party A has the right to terminate the contract and settle the completed workload at 5% lower than the contract price.
5. During the execution of the contract, if we can't guarantee the quality, safety and progress, Party A has the right to terminate the contract unilaterally without bearing any economic and legal responsibilities; We promise to leave the construction site within the time specified by Party A and compensate the losses caused to Party A from this.
6. I am willing to sign the contract in the form of comprehensive unit price contract agreed by both parties, and promise not to adjust the price during the execution of the contract.
7, our project director and technical director, according to the agreed time in mechanical equipment. If the project director and technical director delay entering the site, they will be punished for delaying the entry of major equipment and personnel, that is, each person will be fined 500 yuan every day, mechanical equipment will be delayed entering the site, and each machine will be fined 500 yuan every day. The amount of the fine is deducted from the performance bond of the contract. The fine is only a means, and it does not exempt our personnel and mechanical equipment from the responsibility of continuing to enter the site.
8. Our project leader guarantees that he will be at the construction site for a long time, and his vacation must be submitted to the site leader of Party A for approval. If you don't show up at the scene without reason, you will be fined 500 yuan every day, which will be deducted from the performance bond of personnel.
9. We promise to do the following in terms of engineering quality:
(1), the engineering quality conforms to the construction specifications, regulations, quality standards and engineering construction standards issued by the Ministry of Railways, and it shall be inspected by the construction unit and supervision engineer, and the visa formalities for concealed works shall be handled well.
2, must meet the technical requirements specified in the design.
(3) The quality standard of this project is the current excellent engineering standard of the Ministry of Railways, and the quality target is the high-quality project of the Ministry of Railways, striving for the national excellence award.
(4), engineering quality warranty and maintenance methods, according to the provisions of the state and the Ministry of Railways industry.
5], completed according to the ministerial acceptance standard acceptance, a unit project qualified rate reached 100%, meet the requirements of building engineering excellence planning.
[6], such as quality can not meet the acceptance criteria, all the losses caused by this shall be borne by our unit.
10, we promise to bear all economic and legal responsibilities for the safety accidents caused by our reasons and properly handle the aftermath; Party A will never be affected by improper handling of the aftermath of the accident. Otherwise, we will bear the economic losses and related legal responsibilities caused by improper handling.
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(1), we compiled a team and brought it into the unified management of Party A; According to the requirements of Party A, the dressing personnel and mechanical equipment shall be uniformly identified. Personnel shall receive education and training organized by Party A before taking up their posts, and take up their posts with certificates after passing the examination.
(2) All laborers sign labor contracts with our company, register them, prepare monthly payroll and submit it to Party A for review; And ensure that under the supervision of Party A, the wages of migrant workers are paid in time according to the requirements of the local labor department and Party A's regulations on the management of migrant workers' wages; In case of default of service fee, we promise that Party A has the right to terminate the service contract, deduct the performance bond and other payables paid by us as the payment of service fee, and bear all economic losses and legal responsibilities caused thereby.
(3) We promise that all risks of ground materials and auxiliary materials purchased by ourselves will be borne by us, and Party A will not be affected by disputes caused by materials purchased by us after the project is completed. Any economic and legal responsibilities arising from the ground materials and other small materials and machines purchased by us will be borne by us.
12. We agree that all main materials and special materials (including but not limited to concrete, cement, sand, crushed stone, steel bar, concrete admixture, flaky, steel strand, anchorage and corrugated pipe) shall be purchased by Party A through bidding, and the suppliers of self-purchased materials shall be approved by Party A, and Party A has the right to designate suppliers when necessary.
13. During the construction, our consumption of materials provided by Party A shall not exceed the material quota.
Consumption, if it exceeds, we promise that the excess materials will be consumed by Party A at the market price? The price of 1 10% will be deducted from Party B's current settlement price.
14. We are willing to unconditionally obey Party A's construction environmental protection and soil and water conservation measures; Occupational health and safety protection measures; Labor organization plan; Civilized construction, cultural relics protection and a series of measures conducive to the project.
15. If we can't achieve the phased construction period or meet the quality standards as required by Party A, Party A has the right to adjust the scope and quantity of our project and replace the construction labor operation team. We promise to leave the construction site on time, and all our temporary equipment or mechanical equipment will be provided to Party A free of charge until the project is completed and returned without paying any fees.
16. We understand that the owner's fund allocation is not in place, which will affect the land acquisition and demolition, delay the provision of design change documents, and promise not to affect the progress and quality of the project.
17. We promise that the comprehensive unit price will not be adjusted once the contract is signed. If there is any loss, we will bear it ourselves, and only need to keep a copy of the work content of the construction project in the construction labor contract; For the losses caused by the third party, we promise to consider compensation only after the construction unit approves the compensation expenses of Party A, and it will not exceed the approved expenses of the construction unit. If the construction unit refuses to approve, no compensation is needed; If the change cost increases during the construction, we promise to consider compensation only after the construction unit approves the change cost of Party A, and it will not exceed the cost approved by the construction unit. If the construction unit refuses to approve the change fee, there is no need to compensate.
18. We guarantee that during the construction process, our personnel will not create any man-made troubles, disturbances or contain the project department, mixing station, vehicles and Party A's personnel in the work area. Otherwise, Party A has the right to terminate the contract immediately, or even submit the construction contract to the court where the legal organ of Party A is located for prosecution. At the same time, we will bear all economic and legal responsibilities and guarantee to leave the site within 24 hours.
19. During the performance of the contract, we promise not to abuse, insult personality, personal attack or other illegal and criminal acts against Party A's staff at any time and any place. In case of conflict due to our reasons, Party A will refuse to contact all our work and confiscate the performance bond paid by it. If the circumstances are serious, the public security and judicial organs where Party A's legal person institution is located shall make a judgment.
20. This signed undertaking. Engineering construction labor service cooperation contract? One of the main contents of.
Commitment:
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Performance guarantee second letter of commitment
Commitment number:
Commitment (1): ID number:
I promise to completely and unconditionally implement all the contents of the construction contract (project name: contract number) signed by Yu Shun Water Conservancy Construction Engineering Co., Ltd. and the owner.
I. Mode
Responsible for the establishment (hereinafter referred to as the project department), and fully responsible for the establishment and staffing of the project department. The company will supervise and inspect the project according to the project situation. I guarantee that the seal and financial seal of the project department received from the company will only be used for sorting out the project data and handling the payment procedures of the project owner, and will not be used for other purposes. Otherwise, I will bear all the economic losses caused by this, and I am willing to pay the company a penalty of 30,000-50,000 yuan.
I am fully responsible for the management and operation of this project, and I am responsible for my own profits and losses. Undertake all the creditor-debtor relationships formed from this, handle everything related to it, and undertake all economic responsibilities.
Second, the cost extraction
The winning contract price of this project is RMB (￥). I pay% of the total final settlement price of this project to the company, and pay all other taxes. The expenses proposed by the company shall be drawn in proportion to the progress payment.
Third, the construction organization and quality standards
1. During the implementation of this project, if the owner and supervisor complain to the competent department or send a letter to the company, I will compensate Yu Shun Water Conservancy Construction Engineering Co., Ltd. for the first time 1000 yuan and double indemnity for the second time. If it is listed in the bad behavior record (blacklist) by the relevant departments, I promise to eliminate it within one month and bear the expenses myself, and compensate the reputation loss of Yu Shun Water Conservancy Construction Engineering Co., Ltd. for 30,000-50,000 yuan. If I can't get rid of the blacklist within the specified time, I promise to pay a one-time penalty of 300,000 yuan to Yu Shun Water Conservancy Construction Engineering Co., Ltd.
2. During the project construction, I promise to obey the project management of Yu Shun Water Conservancy Construction Engineering Co., Ltd., and the company has the right to supervise me to perform the project construction contract and check the construction quality, safety, progress, civilized construction, project payment, migrant workers' wages and building materials.
3. In order to ensure the company's effective management of the project, I must submit the project report on time and truthfully every week and month according to the format specified by the company's engineering department. If it is not reported in time and effectively according to the regulations, the project payment will be postponed according to my late report.
4. I promise to carry out the construction in strict accordance with the design documents and relevant specifications, and provide a complete set of original completion acceptance data to Yu Shun Water Conservancy Construction Engineering Co., Ltd. within 15 days after the project acceptance (subject to the signing date of the completion acceptance report), and return it with the official seal of the project department and the financial seal of the project. If the completion acceptance information is not provided in time, the project payment will be postponed on schedule. If you can't provide complete completion acceptance information, you may not be able to settle the project payment. The quality guarantee during the warranty period shall be borne by myself. After the owner returns the quality deposit to the company, the company will return it to the promisor in time.
Fourth, the safety responsibility
I am responsible for formulating construction safety measures, conducting safety education for personnel entering the site, and conducting safety technical disclosure. Construction personnel insurance; Be responsible for establishing and perfecting the safety system and taking full responsibility for safety production. Ensure the implementation of safety measures and prevent all kinds of safety accidents. In case of safety and quality accidents, our company will pay 5% of the direct economic losses to Yu Shun Water Conservancy Construction Engineering Co., Ltd. as compensation for poor management, in addition to taking full economic responsibility for the accidents.
Verb (abbreviation for verb) responsibility and obligation
1. I am responsible for providing funds for the performance bond and advance payment guarantee. When paying the bid bond and performance bond of the project, I must go through the basic account of the company. If I don't pay the performance bond through the company account, or the owner doesn't require it, I need to pay the company a performance bond of not less than 50,000 yuan, and the performance bond and other completion acceptance reports and engineering seals will be returned to the company. If the company suffers economic or reputation losses (quality and safety accidents, wage arrears for migrant workers, bad records, etc.). Due to improper organization and construction, the above money will not be returned as compensation for the reputation of the company.
2. I promise that I will bear all economic penalties and compensation responsibilities if the relevant departments investigate and deal with illegal activities such as linking, lending qualifications and sales contracts of this project.
3. The project funds allocated by the owner will be transferred to my designated account after I provide a full official tax bill in accordance with the company's financial management system.
4. I timely, truly and effectively provide the names and contact information of all contractors of this project to ensure the smooth flow of project information. Provide the telephone numbers of the owner's engineering section chief, quality inspection section chief, director, site supervisor and construction team foreman to the company's engineering department.
5. I promise to set up gates and indoor and outdoor signs according to the unified requirements of the company after entering the construction site, and carry out civilized construction to establish a good image of the company.
6. I am responsible for reporting the progress of the project, payment and settlement.
7. Be responsible for all expenses incurred by the company's personnel present.
8. I am in charge of local public security criminal cases.
9. If the owner requires the company to change the project manager or construction team due to the quality and progress of the project, the company will send a working group to the project at the request of the owner, and I will bear all economic responsibilities such as rework, rush work and deployment of the construction team, and the salary of the company's on-site management personnel (according to the company's standards). The company can increase the management fee by 5% on the basis of the original extraction.
10. I promise not to subcontract or illegally subcontract this cooperation, otherwise, I will bear all economic and legal responsibilities arising therefrom. And I have no right and promise not to use this project as mortgage, guarantee or loan in the name of the company. Otherwise, I will bear all the economic responsibilities and faults caused by this, and pay the company a penalty of RMB 500,000-654,380,000.
1 1. If I have problems such as construction quality, safety, delay in construction period and wage arrears for migrant workers, the company has the right to notify the owner and supervisor to handle the above matters, and stop paying the promisor's money to the company account, and all the economic responsibilities that have occurred shall be borne by me.
Financial management and payment methods of intransitive verbs
After the project payment enters the company account, the engineering department of the company provides the project payment statement, and the finance department of the company pays it to me after deducting the relevant expenses (in principle, the promisor can transfer the money within three days after meeting the company's financial requirements), and the fund is special. All expenses arising from project payment settlement shall be borne by me.
The financial management of the project conforms to the financial management system of the state and the company. In principle, the reimbursement personnel are themselves; If you entrust others to act as an agent, you must carry the original ID card of yourself and the agent to go through the entrustment formalities in advance. The agent shall provide the company with a true and valid original power of attorney.
When handling the project payment, provide 80% (the amount of this withdrawal) of valid and legal documents of all expenses and 20% of legal materials of labor expenses (including copies of valid ID cards of relevant personnel, attendance sheets and payroll); Otherwise, the company will temporarily withhold 3% of the current settlement amount when handling the payment procedures for the project funds, and I will provide the above relevant information to the company within 7 working days from the date of withholding. If it is overdue, the company will not refund the money as compensation to the company. The drawee of the bill I provided should be Yu Shun Water Conservancy Construction Engineering Co., Ltd., and the face must be clearly stamped with the taxpayer's special invoice seal. The bill I provided cannot be obtained through online inspection.
If I don't use the correct information, I should keep my signature, and the number of copies depends on the number of bills I provide. Tickets are not provided for catering, entertainment, alcohol and tobacco, and the bills are not used across the year.
Seven, go out business license management measures
I promise to inform the company within 7 working days before the project payment settlement at the latest, and the company will issue a business license for going out at the place where the institution is located. I provide the detailed tax address (specific to the township), and the stamp duty paid in accordance with the regulations when issuing the business license for going out shall be borne by me. In order to avoid double taxation, I will explain it to the local tax authorities.
The use period of exit business license has expired, but the project settlement has not been completed. Before the expiration of the validity period, the local tax department should sign and seal it and return it to the company's finance department for renewal; If it is completed within the validity period of the business license, it will be signed and sealed by the local tax department and cancelled online, and then returned to the company's finance department. Otherwise, I will be responsible for all the consequences.
Eight. Breach of contract dispute
I strictly abide by this promise. If I can't implement it according to all the promised contents and the contract price, I voluntarily agree to accept 70% of the project price of the completed project settled by the company and the owner, and pay off all the foreign debts before this project. The remaining 30% of the project settlement money will be used as my liquidated damages to Yu Shun Water Conservancy Construction Engineering Co., Ltd., and the above promise will be effectively punished. In case of conflict, the liquidated damages will be executed according to the highest amount. Both companies and individuals have the right to bring a lawsuit, stipulating that the court is the jurisdiction court where the enterprise is located.
Nine. Composition and priority interpretation order of this letter of commitment
1, this commitment letter.
2. Attachment to this letter of commitment (certificate of relevant personnel).
3. Construction progress plan and construction organization plan.
4. The general construction contract signed by the engineering company and the owner.
5. Bidding documents.
This letter of commitment comes into effect after I sign (seal) it, and it will automatically become invalid after the content of this commitment is fulfilled.
Commitment: (Seal)
Telephone message:
Date:
Letter of Commitment for Performance Guarantee Part III
Contractor's performance bond
(Name of employer):
Whereas you, as the employer, have entered into an agreement with (name of contractor) (hereinafter referred to as? Contractor? ) signed the (project name) construction contract (hereinafter referred to as? Master contract? ), at the request of the contractor, we are willing to provide you with the following guarantees in the form of ensuring the contractor to fulfill the obligations stipulated in the main contract:
I. Scope and amount of guarantee
The scope of our guarantee is the actual loss caused to you by the contractor's failure to fulfill the obligations stipulated in the main contract. The amount guaranteed by us is% of the total contract price agreed in the main contract, and the maximum amount shall not exceed RMB (in words).
Second, the guarantee method and guarantee period
Our guarantee method is: joint and several liability guarantee.
Our guarantee period is: from the effective date of this contract to days after the project completion date agreed in the main contract. If you and the contractor agree to change the completion date of the project, the warranty period will be adjusted according to the changed completion date with our written consent.
Third, the form of undertaking the guarantee responsibility.
According to your request, we undertake the guarantee responsibility in one of the following ways:
(1) We will provide financial and technical assistance to enable the contractor to continue to perform the main contractual obligations, and the payment amount shall not exceed the guarantee amount specified in Article 1 of this guarantee.
(2) We will compensate you for your losses within the guarantee amount specified in Article 1 of this guarantee.
Fourth, salary arrangement.
If you ask us to undertake the guarantee responsibility, you should send us a written notice of claim and prove that the contractor has not fulfilled its obligations under the main contract. The claim notice shall specify the claim amount, the account number to which the payment should be made, and attach the supporting materials that explain the losses caused to you by the contractor's violation of the main contract.
Where a breach of contract is claimed on the grounds that the project quality does not meet the standards agreed in the main contract, the quality description materials issued by the project quality inspection department that meet the requirements of the corresponding conditions shall also be provided.
After receiving your written notice of claim and corresponding supporting materials, we will undertake the guarantee responsibility according to the promise of this guarantee after verification within working days.
Verb (abbreviation of verb) release of warranty responsibility
1. If you fail to claim the guarantee responsibility from our bank in writing within the guarantee period promised in this letter of guarantee, our guarantee responsibility will be lifted the day after the guarantee period expires.
2. If the contractor has fulfilled its obligations as agreed in the main contract, we will release the guarantee responsibility from the day after the expiration of the guarantee period promised in this letter of guarantee.
3. When the amount paid by our bank to you to fulfill the guarantee responsibility reaches the amount of this guarantee, the guarantee responsibility will be released from the date when we pay you (the money will be withdrawn from our account).
4. According to the provisions of laws and regulations or other circumstances that should relieve our guarantee liability, our guarantee liability under this guarantee shall also be relieved.
After we release the guarantee responsibility, you should return the original of this guarantee to us within working days from the date when we release the guarantee responsibility.
Exemption clause of intransitive verbs
1. If the contractor fails to perform its obligations due to your breach of contract, we will not assume the guarantee responsibility.
2. In accordance with the provisions of laws and regulations or otherwise agreed between you and the contractor, the contractor is exempted from some or all of its obligations, and we are also exempted from its corresponding guarantee responsibilities.
3. You and the contractor agree to change the main contract (except the change agreed in Article 15 of the main contract terms). If the contractor's responsibility is aggravated, we need to obtain our written consent, otherwise we will no longer bear the increased guarantee responsibility.
4. If the contractor fails to perform its obligations due to force majeure, we will not assume the guarantee responsibility.
Seven. Settlement of disputes
Any dispute arising from this guarantee shall be settled by both parties through consultation. If negotiation fails, it shall be settled through litigation, and the court of litigation shall be the court.
Eight. Entry into force of letter of guarantee
This letter of guarantee shall come into effect as of the date when it is signed or sealed by our legal representative (or its authorized agent) and delivered to you.
Delivery as mentioned in this article refers to:
Guarantor (financial unit): (seal of unit)
Legal representative or its entrusted agent: (signature)
Address:
Postal code:
Telephone message:
Chuanzhen: Year Month Day
Remarks: The format of this performance bond may be other formats agreed by the Employer, but the relevant contents shall not violate the contract documents.
The substance of the decision.