In order to implement the policy of "safety first, prevention first", clarify the safety responsibilities of both parties, and ensure the safety of people, power grid and equipment during construction, this agreement is signed by both parties through consultation in accordance with relevant national laws and regulations.
The first project:
Article 2 Construction address:
Article 3 Party A's Safety Responsibility
1. Before starting construction, Party A shall make technical disclosure on construction safety to Party B, and have written records or materials.
2. Party A shall require Party B to formulate construction safety measures before commencement and report them to Party A for the record.
3. Party A has the obligation to assist Party B in safety production, fire control management, supervision and inspection. Party A has the right to inspect and urge Party B to implement the relevant work regulations on safety production, stop and correct Party B's behaviors that do not conform to the safe and civilized construction, and issue a safety rectification notice until it is retired.
4. Party A's tasks
Comrades are responsible for contacting Party B on safety work.
5. Party A is responsible for issuing the working ticket, whether the safety measures filled in the working ticket are correct and complete, and performing the licensing procedures of the working ticket.
6. Party A has the right to spot-check the safety technical knowledge and safety working procedures of the personnel involved in the construction by Party B. ..
7. Party A is responsible for investigating and reporting the power grid and equipment accidents of Party B during the construction period. If Party B has a major accident as stipulated in the Interim Provisions on the Investigation Procedure for Extraordinary Major Accidents in the State Council, Party A has the right to urge Party B to immediately notify the local government and public security department, and request to send someone to protect the site. And has the right to request Party B to provide written conclusions and handling opinions on the accident investigation.
8. Party A shall not require Party B to carry out construction in violation of safety management regulations. The accidents caused by Party A shall be borne by Party A. ..
9. In any of the following circumstances, Party B shall be responsible for the breach of contract caused by the shutdown:
(1) personal casualty accident;
(2) The construction machinery and main production equipment are seriously damaged;
(3) a fire accident occurred in the factory;
(four) illegal command or risky operation, not listening to advice;
(5) The construction site is dirty, disorderly and poor, which can not meet the requirements of safe and civilized construction.
Article 4 Party B's Safety Responsibility
As the contractor of this project, Party B shall be responsible for personal injury and equipment damage accidents during the construction. Party B shall earnestly perform the following safety responsibilities:
1. Relevant qualification certification materials required for contracting projects provided by Party B shall be true, legal and effective.
2. Party B must implement the national laws and regulations on production safety and formulate the corresponding safety management system; Strictly implement the Electric Power Safety Work Regulations, Electric Power Construction Safety Work Regulations, Typical Fire Prevention Regulations for Electric Power Equipment, Party A's working ticket system and other relevant electric power production regulations and other safety production rules and regulations.
3. On-site construction shall comply with national and local laws, regulations and rules on labor safety and employment, and ensure the legality of employment. Party B must provide personal insurance for the construction personnel in accordance with relevant national regulations, and equip them with qualified labor protection articles and safety appliances.
4. During the construction period, Party B shall be equipped with full-time safety supervisors (if there are less than 30 employees, it shall be equipped with part-time personnel). Task of Party B
As a safe work contact.
5. In all construction activities, Party B must prepare safety construction measures, make a comprehensive safety technical disclosure to all construction personnel before construction, and implement them correctly and completely during the whole construction process. It is forbidden to arrange construction without measures or disclosure.
6. The quantity and quality of construction machinery, instruments and safety protection appliances used by Party B in this project must meet the construction needs and meet the safety requirements after inspection by qualified inspection units. Personal injury and equipment damage caused by improper use of instruments and tools shall be borne by Party B..
7. Before starting work, Party B shall organize all construction personnel to carry out safety education, and report the list of personnel who participated in safety education (including temporary supplement or replacement) and examination results to Party A for the record. Special operations personnel must hold qualified and effective qualification certificates issued by relevant departments.
Before the construction starts, Party B shall apply for a temporary pass from Party A and enter the construction site with the temporary pass. It is forbidden to lend the pass to others.
8. Before starting work, Party B shall organize personnel to inspect the construction area, working environment and facilities, equipment and tools provided by Party A to confirm that they meet the safety requirements. Once the work starts, it means that Party B has confirmed that the construction site, working environment, facilities, equipment and tools meet the safety requirements and are in a safe state.
9. Party B shall set up temporary fences or warning signs within the construction scope, and shall not carry out construction beyond the designated construction scope, and prohibit irrelevant personnel from entering the construction site. Without the consent of Party A, Party B shall not use Party A's facilities and equipment unrelated to construction without authorization; Party A's protective facilities and signs shall not be removed or changed without authorization.
10. If Party B needs electricity and water during the construction, it shall contact Party A in advance, and it is not allowed to connect without permission. If there is a fault, immediately interrupt the operation or cut off the relevant switch.
1 1. During the construction process, Party B shall finish the work, use all materials and clear the site to ensure safe and civilized construction.
12. Party B must accept the supervision and inspection of Party A and timely rectify the safety rectification opinions put forward by Party A. ..
13. In case of casualties, power grid and equipment accidents or unsafe conditions endangering production and operation during construction, Party B shall immediately report to Party A and actively cooperate with the investigation.
Party B shall implement the State Council's Interim Provisions on Investigation Procedures for Extraordinary Serious Accidents, Regulations on Reporting and Handling Casualty Accidents of Enterprise Employees and Regulations on Investigation of Electric Power Production Accidents. In case of personal injury or death during construction, it shall immediately report to the safety management department, public security department and trade union of the government where the accident occurred by telephone, telex or telegram, and organize investigation and handling according to regulations, and Party B shall make statistics and report; In the event of a major accident specified in the Interim Provisions on the Investigation Procedure for Extraordinary Major Accidents in the State Council, the local government and the public security department shall be notified immediately, and people shall be sent to protect the scene.
Party B shall submit the accident investigation report of the accident investigation team and Party B's handling opinions on the accident to Party A for the record.
Article 5 Contact information and reply time of Party A and Party B: Party A and Party B shall communicate with each other in the form of work contact sheet, fax, telex and other written forms. After receiving the written contact from the other party, both parties shall respond within 4 hours.
Article 6 Construction security deposit
Party A reserves 10% of the project payment as the deposit for Party B. Party B has no serious personal injury, power grid and equipment accidents or above during the construction process, and the deposit will be fully refunded after the project is completed and accepted; During the construction, if any of the following safety accidents that Party B is responsible for occur, the corresponding security deposit will be deducted:
(1) In case of fatal accident, major accident of power grid and equipment, all safety deposit shall be deducted;
(2) Personal injury accidents, power grid and equipment accidents shall be deducted by 50% of the deposit;
(3) The economic penalty for the illegal behavior of Party B's personnel shall be deducted from the deposit according to the penalty provisions.
Article 7 Liability for breach of contract
1. If the other party or the third party suffers personal injury, equipment damage and other property losses due to the responsibility of Party A or Party B, the responsible party shall bear the corresponding responsibilities and compensate the other party or the third party for all losses caused thereby.
2. During the performance of the contract, if the relevant qualification materials provided by Party B are found to be invalid, Party A has the right to terminate the contract, and all losses caused thereby shall be borne by Party B..
3. If Party B's on-site operators are found to have violated regulations, Party A will deduct the amount of similar violations from Party A's employees according to Party A's safety production reward and punishment regulations, and bear the corresponding liquidated damages.
4. Party B has no safety supervisor; Failing to correctly and comprehensively implement safety technical measures and construction organization design; Construction personnel did not grasp the characteristics of the project and construction safety measures; If the construction machinery, instruments and safety protection articles used in this project do not meet the construction needs, Party A has the right to ask Party B to stop work immediately for rectification, and the consequences and losses arising therefrom shall be borne by Party B. ..
5. If the spot check of Party B's personnel safety regulations is unqualified, Party B shall bear the liability for breach of contract of 50 yuan/person-time; Party B shall bear the liability for breach of contract of 100 yuan/person for special personnel who work without a license.
6. If Party B uses the facilities, equipment and tools provided by Party A to cause damage, it shall pay compensation according to the price.
7. If Party B's personnel go to other production areas without reason or use Party A's facilities and equipment without authorization, Party B shall be liable for breach of contract at the rate of RMB 65,438+000 per person in 500 yuan.
8. If Party B fails to rectify the safety rectification opinions put forward by Party A in time, Party B shall be liable for breach of contract according to the 200 yuan to 1 1,000 yuan/day for each day overdue.
9. In case of personal injury or death, power grid and equipment accidents and failure to report them, the fault party shall bear the liability for breach of contract ranging from 3000 yuan to 10000 yuan/time, in addition to being handled by the relevant government departments.
Article 8 Other matters agreed by both parties: None.
Article 9 Any dispute arising from the execution of this Agreement shall be settled by both parties through consultation and mediation. If negotiation or mediation fails, either party may bring a lawsuit to the local people's court.
Article 10 Party A and Party B must strictly perform this agreement, and the legal effect of this agreement is independent of the main contract.
Article 11 The term of validity of this Agreement: from
year
moon
day by day
year
moon
Day stop.
Article 12 This Agreement shall come into effect after being signed and sealed by the legal representatives or entrusted agents of both parties.