Party B (contractor): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
In accordance with the Contract Law of People's Republic of China (PRC), Greening Regulations and other relevant laws and regulations, Party A and Party B have reached an agreement on landscaping maintenance and signed this contract on the principles of equality, voluntariness, fairness and good faith.
Article 1 General situation of the project
Project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Project location: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 2 Scope and content of maintenance
1. Maintenance scope and area: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Maintenance contents:
(1) Plant conservation: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) Plant protection: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) Facility maintenance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(4) Water body maintenance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(5) Safety and cleanliness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(6) Emergency response: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(7) Social services: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(8) The workload list attached to the tender documents of this project can be used as the maintenance content agreed in this contract.
If both parties have a detailed agreement on the maintenance content, a workload list can be attached.
3. Confirmation of maintenance workload: The scope and workload of maintenance shall be determined by Party A and Party B before signing the contract. If Party B finds that the actual workload is inconsistent with the agreement after entering the site, it shall submit a report on the difference of maintenance workload to Party A within _ _ _ days after entering the site. Party A shall confirm the actual maintenance workload within _ _ _ days after receiving the report, and notify Party B, who shall provide convenient measurement conditions and send personnel to participate.
4. Party A shall not measure the maintenance work that Party B exceeds the agreed scope and reworks due to Party B's reasons.
Article 3 Maintenance Period
The curing period is _ _ months, from _ _ _ _ to _ _ _ _ _.
Article 4 Maintenance Quality and Evaluation
1. Maintain quality
(1) The maintenance quality of Party B must conform to the Technical Specification for Landscaping Maintenance (DG/TJ08-19-2011) and the technical grade standard of Landscaping Maintenance _ _ _ _ (DG _ TJ _ 08-702).
When there are special requirements for maintenance quality, both parties may make another agreement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) Both parties have disputes over the maintenance quality, and both parties agree that the professional appraisal shall be conducted by the agreed organization in the following ways.
A._ _ _ _ _ City Landscaping Industry Association.
B institutions designated by both parties: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
The required expenses and losses caused thereby shall be borne by the responsible party. Both parties have responsibilities, which shall be borne by both parties according to their respective responsibilities.
2. Maintenance assessment
(1) Party B shall carry out maintenance as agreed in this contract and provide convenient conditions for Party A's inspection and evaluation. Party A may conduct spot checks and regular evaluations according to the time and standards agreed in the contract. If it is found that the maintenance quality is not up to the agreed standard, Party A may require Party B to take all remedial measures such as replanting, replacement, redoing and repair until it reaches the agreed standard. If the agreed standards cannot be reached due to Party B's reasons, Party B shall bear all expenses arising from taking remedial measures.
(2) The inspection and appraisal time is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) If the quality is unqualified due to the reasons of Party A or a third party, Party B shall take remedial measures as far as possible, so the increased expenses shall be borne by Party A or a third party. If the responsibility for unqualified quality cannot be clarified or investigated, it shall be settled by both parties through consultation.
Article 5 Rights and obligations of both parties
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party B designates _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ as the person in charge of this project.
1. Rights and obligations of Party A
(1) Provide the scope or list of trees, lawns, flowers, hedges, aquatic plants, water bodies, garden facilities and other facilities in the maintenance project area for both parties to confirm on site.
(2) Provide the as-built drawings of the landscape within the maintenance scope, as well as the engineering geology, underground facilities and other information within the maintenance site, and be responsible for the authenticity and accuracy of the information.
(3) Provide water and electricity connection points required for maintenance or Party B shall cooperate with relevant departments to apply for connection points, and the connection fee shall be borne by Party A. If both parties agree otherwise, it shall be handled according to the agreement.
(4) Provide Party B with maintenance and management premises, sites and mechanical equipment according to the bidding documents, and have the right to restrict the use of the provided subject matter, and reserve the right to supervise and recycle the subject matter.
(5) Organize a meeting on maintenance requirements.
(6) When Party B carries out maintenance work, coordinate the relationship between Party B and government departments, relevant units and personnel (including tourists within the scope of maintenance).
(7) During the maintenance period, Party A shall promptly send Party B a notice of power failure and water stoppage from the water and electricity supply department, and Party B shall take maintenance measures during the power failure and water stoppage. If Party A fails to notify Party B in time after receiving the notice of power cut and water cut, resulting in the death of plants or aquaculture within the maintenance scope, the losses shall be borne by Party A. In addition, the losses caused by power cut, water cut or other abnormal events shall be borne by the responsible party; If the responsibility cannot be determined, it shall be handled by both parties through consultation.
(8) Inspect and assess Party B's work according to the contract.
(9) Pay maintenance fees to Party B as agreed in the contract.
(10) Other work that Party A should do: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Rights and obligations of Party B
(1) Within _ _ days after the signing of the contract, formulate the corresponding overall greening maintenance management plan during the maintenance period, and submit it to Party A for review and approval as the basis for implementation. After receiving Party B's plan, Party A shall confirm it or propose amendments within _ _ _ _ days. Failing to confirm and propose amendments within the time limit shall be deemed as consent.
(2) Establish and improve the maintenance responsibility system, and formulate maintenance post responsibilities, post specifications, operating procedures and maintenance systems (including duty system during holidays, duty system during flood control and typhoon prevention and emergency rescue work system). According to the bidding documents or relevant regulations, provide the project leader, technical manager, maintenance operator and safety administrator with corresponding technical certificates (grade determination), and report the post specifications, operating procedures, management system and personnel list to Party A for the record.
(3) According to the season, climate, growth habits and stages of soil and plants, and the specific conditions of the maintenance site, reasonably arrange and carry out maintenance work, timely adjust the maintenance area according to Party A's requirements to ensure the integrity of greening and viewing, and provide Party A with annual, quarterly and monthly maintenance management plans and corresponding progress statistics.
(4) In the process of maintenance, assign special personnel to be responsible for the self-inspection of the maintenance area, handle the problems in time when found, and record the ledger. If it is found that all kinds of seedlings and facilities are damaged or stolen, it shall report to Party A in time, and make up and restore them immediately.
(5) When carrying out maintenance work, strictly abide by the management regulations of the government and relevant competent departments on noise pollution, environmental protection and safety production, and achieve civilized construction and civilized dress; And set up a maintenance nameplate, indicating the maintenance unit, maintenance scope, contact telephone number, supervision telephone number and other information, and accept social supervision.
(6) During the maintenance period, Party B shall ensure that the public facilities within the maintenance scope are not affected by the maintenance measures.
(7) According to the Trial Measures for Management and Emergency Disposal of Pipeline Covers and other relevant regulations, if any abnormal situation is found, the facility owner shall be informed and corresponding emergency measures shall be taken to ensure personal safety.
(8) Accept the management, supervision, inspection and assessment of Party A, and timely rectify the rectification notice issued by Party A according to Party A's requirements. If Party B refuses to make rectification without justifiable reasons, Party A may entrust others to make rectification, and the expenses shall be borne by Party B. ..
(9) Responsible for maintaining the labor protection and personal safety of employees. Unless otherwise agreed by both parties, the catering and accommodation of maintenance personnel shall be borne by Party B. ..
(10) Establish and improve maintenance management files, analyze, sort out and archive all kinds of information collected in maintenance management in time, and submit them to Party A for archiving. After the expiration of maintenance management, all the files under maintenance management and all kinds of factories and facilities within the scope of maintenance shall be handed over to Party A in good condition.
(1 1) According to relevant regulations, work out emergency rescue workflow with Party A * * to deal with all kinds of emergencies within the specified time limit.
Other work that Party B should do: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 Maintenance Plan and Adjustment
1. Party B must organize maintenance according to the maintenance management plan and maintenance scheme confirmed by Party A, and accept the inspection, supervision and assessment of maintenance quality by Party A..
2. When Party A thinks it is really necessary to suspend the maintenance work or adjust the maintenance plan due to major activities or other reasons, it shall request Party B to adjust the maintenance time or change the maintenance measures in writing. Party B shall comply with Party A's requirements, and the increased expenses due to adjustment shall be borne by Party A, unless otherwise agreed by both parties.
3. Without the prior written permission of Party A, Party B shall not adjust the maintenance time or change the maintenance measures, or reduce the equipment and level of employment.
Article 7 Safety protection and accident handling
1. General requirements
(1) During the maintenance period, Party B shall strictly abide by the management system related to safety production operations, accept the supervision and inspection carried out by industry safety inspectors according to law at any time, and take necessary safety protection measures to eliminate potential accidents. The responsibility for accidents caused by Party B's ineffective safety measures and the expenses arising therefrom shall be borne by Party B. ..
(2) Party B shall conduct skills training and safety education for its front-line employees, and implement corresponding measures when carrying out dangerous operations, and the safety officer shall supervise and guide them.
(3) Party A shall not require Party B to carry out maintenance work in violation of safety management regulations. If a safety accident is caused by Party A, Party A shall bear the corresponding responsibilities and expenses.
2. Safety measures
(1) When Party B is engaged in spraying pesticides, controlling pests and diseases, pruning trees, maintaining facilities, cleaning roads or water bodies, and preventing typhoon and flood, it must take corresponding safety protection measures. Unless otherwise agreed by both parties, the cost of safety protection shall be borne by Party B. ..
(2) Party B shall ensure that all facilities within the maintenance scope can be used safely, and the facilities and articles with potential safety hazards shall be repaired or replaced in time, and the relevant expenses shall be borne by Party A. For trees, water bodies or other places that may cause casualties within the maintenance scope, Party B shall require Party A to set up safety warning nameplates such as no smoking, no kindling and no swimming, and the installation and replacement expenses shall be borne by Party A. ..
(3) When Party B is engaged in plant protection, it should adopt the policy of giving priority to prevention and comprehensive management, and give priority to low-pollution prevention and control methods such as biological control. Soil disinfection or pest control shall comply with the provisions of relevant laws and technical standards such as the Regulations of the People's Republic of China on the Administration of Pesticides and the Regulations of the Municipality on the Administration of the Use of Pesticides. Before spraying drugs, Party B shall publicly inform the spraying time, route and drug types in advance. Party B shall properly collect and dispose of the remaining chemicals and containers according to regulations. Party B shall be responsible for not using chemicals according to regulations.
3. Environmental protection
(1) During the contract period, Party B shall abide by national policies and regulations on environmental protection. The domestic garbage within the scope of maintenance shall be treated according to the regulations, and the green garbage generated by plant maintenance shall be treated harmlessly by Party B, and the expenses shall be borne by _ _ _ _. After reaching the standard, sewage and wastewater shall not be directly discharged into rivers, lakes, ditches, rain wells and other public facilities to avoid pollution.
(2) Party B shall apply fertilizers and compost as stipulated in the contract, and shall not pollute the green landscape and surrounding environment.
(3) During the maintenance period, during the dry season, Party B shall clean up the silt in the water body according to the scope and contents agreed in the contract, and the dredged silt shall be treated harmlessly.
(4) During the maintenance period, Party B shall repair the bank of water body according to the contract to prevent collapse, but it is not allowed to dig the bank to expand the water surface without authorization, nor to change the shape and direction of the bank without authorization.
4. Accident handling
During the maintenance period, in case of heavy casualties and other safety accidents, Party B shall immediately report to relevant departments and notify Party A according to relevant regulations. After the accident is handled according to the regulations, Party B shall bear the expenses according to the responsibilities.
Eighth maintenance and construction management houses, sites, materials and equipment.
1. Party B prepares the site, materials, appliances and equipment management by itself.
(1) Party B shall allocate the vehicles and other materials and equipment required for maintenance management according to the maintenance requirements. The configuration list of Party B is as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(2) Party B shall ensure that its business premises, sites, materials and equipment meet the safety standards, and losses caused by failure to meet the safety standards shall be borne by Party B. ..
2. Houses, sites, materials and equipment provided by Party A for maintenance and management.
(1) Both parties agree that during the performance of this contract, Party A will provide the following management premises, sites, Materials and equipment: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) During the contract period, the right to use the subject matter provided by Party A is as follows:
A. paid use, the fee is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
B. Free use.
(3) Both parties agree that the handover time and place of the management house, site, materials and equipment provided by Party A is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(4) Party B is responsible for the maintenance and storage of the management premises, sites, materials and equipment provided by Party A, and the operation and maintenance expenses during the performance of the contract shall be borne by Party A.. In case of loss or damage caused by Party B, Party B shall be responsible for compensation.
Article 9 Contract Price and Payment
1. Contract Price and Adjustment
(1) For this maintenance project, both parties agree that the contract price is _ _ _ _ _ _ _ _ _ (in words: RMB _ _ _ _ _ _ _ _ _ _ _).
(2) The contract price is calculated as follows:
__________________________________________________________________________________________________。
The bidding documents of both parties, the confirmed bill of quantities or the budget for calculating the contract price can be used as annexes to the contract.
(3) Both parties agree that if the contract price needs to be adjusted due to factors such as maintenance quality and maintenance work, a supplementary contract can be signed separately.
(4) Party B has no right to demand additional contract price for maintenance changes or maintenance remedial measures caused by Party B's own reasons.
2. Payment method of contract price
Both parties agree to pay the maintenance fee of this contract according to the following _ _ _ _ method.
A._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ During the maintenance period of _ _ _ _ _ _ _ _ _ _ _ _, the payment method of progress payment is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ After the expiration of the maintenance period, the payment method of the maintenance balance is _ _ _ _ _ _ _ _ _, and the payment period is _ _ _ _ _ _ _.
B pay the contract price in one lump sum before _ _ _ _ _ _ (time).
When the payment method is financial direct dial, Party A shall complete the payment application procedures within the above time limit.
3. Maintenance costs are linked to maintenance quality. If the maintenance quality standard agreed in the contract cannot be reached, both parties agree to reduce it within% of the contract price.
Article 10 Liability for breach of contract
1. Party A's liability for breach of contract
(1) If Party A fails to pay the maintenance fee in time as agreed in the contract, it shall pay Party B a penalty of _ _% of the overdue payment amount every day. If Party A's payment is overdue for more than _ _ _ days, Party B may stop the maintenance work, and the losses caused thereby shall be borne by Party A. ..
(2) If Party A fails to provide relevant drawings, materials and water and electricity connection points required for maintenance as agreed in the contract, it shall bear the following liabilities for breach of contract: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) If the plants or cultured products within the maintenance range die due to Party A's reasons, the losses shall be borne by Party A. ..
(4) Other liabilities for breach of contract undertaken by Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Party B's liability for breach of contract
(1) If the maintenance quality fails to meet the maintenance standards agreed in the contract due to Party B's reasons, Party B shall take remedial measures and compensate Party A for its losses.
(2) Without Party A's consent, if Party B changes or adjusts the maintenance plan without authorization, causing losses to Party A, it shall be liable for compensation.
(3) Without Party A's consent, if Party B subcontracts or subcontracts the contracted maintenance works to others without authorization, thus causing losses to Party A, it shall be liable for compensation. _
(4) Other liabilities for breach of contract that Party B shall bear: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 11 Other agreements
_____________________________________________________________________________________________。
During the performance of the contract, both parties can reach a supplementary agreement through consultation in accordance with the provisions of relevant laws and administrative regulations and the actual situation of the maintenance project, and the supplementary agreement will be an integral part of the contract.
Article 12 Settlement of Contract Disputes
Disputes arising from the performance of the contract between the two parties can be settled through consultation, or they can apply to the relevant departments for mediation, or they can be resolved in the following ways.
(1) apply for arbitration to _ _ _ _ _ _ _ _ _ _ _ _.
(2) bring a lawsuit to the people's court according to law.
Article 13 Supplementary Provisions
1. The annexes to this contract are an integral part of this contract and have the same legal effect as this contract.
2. This contract is in duplicate, with each party holding one copy.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal code: _ _ _ _ _ _ _ _ _ Postal code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal representative: _ _ _ _ _ _ _ _ _ _ Legal representative: _ _ _ _ _ _ _
Authorized Agent: _ _ _ _ _ _ _ _ _ _ Authorized Agent: _ _ _ _ _ _ _ _ _ _
Tel: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Fax: _ _ _ _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _ _ _ _ _ _ Bank of deposit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _
Time of contract conclusion: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The conclusion place of this Contract is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _