Construction contract of shaft and roadway engineering
Employer (Party A):
Employer (Party B):
time
According to? People's Republic of China (PRC) contract law? 、? People's Republic of China (PRC) mine safety law? And other relevant laws, administrative regulations and other relevant provisions, combined with the specific situation of the company's coal mine production, following the principles of equality, voluntariness, fairness, honesty and credit, both parties reached an agreement through consultation to conclude this contract.
Article 1 General situation of the project
The construction drawing arranged by Party A shall prevail.
Article 2 Principles for determining the unit price of the project
1. Direct engineering cost
(1) Labor cost and adjustment:
According to the quota (base price in 2007), among which:
① Unit price of underground direct work: calculated from (base price in 2007) 58.32 yuan/work, adjusted to 83.57-58.32=25.25 yuan/work. Rock falling of pneumatic pick is calculated as per 1.5 times blasting rock falling, and rock falling of pneumatic pick by vibration blasting is calculated as per 1.35 times blasting rock falling.
② Unit price of underground auxiliary workers: calculated from (base price in 2007) 47.75 yuan/worker, adjusted to 70.89-47.75=23. 14 yuan/worker.
③ Unit price of ground auxiliary workers: calculated from (2007 base price) 27.9 1 yuan/worker, adjusted to 45.08-27.91=17.17 yuan/worker.
(2) Material cost
Based on the material cost in the budget direct cost, the general support is calculated as 100%, and I-beam (U-beam) is multiplied by 0.7 coefficient, and rail is multiplied by 0.35 coefficient.
(3) machinery use fee:
① The pneumatic pick, pneumatic coal drill, rock drill and pneumatic anchor machine shall be provided by Party B. The coal electric drill shall be purchased by Party A, and it is strictly forbidden for Party B to buy it by itself. It can only be charged to Party A, and it will be fully deducted at the time of settlement. The above equipment will not be adjusted.
(2) The cavern is charged at 80% of the machinery usage fee, and other roadways are charged at 60% of the machinery usage fee, and the machinery usage fee is not included in the total.
(3) The first-class expenses of self-provided machinery (equipment depreciation expenses, overhaul expenses and repair expenses) are directly added to the total amount, and the difference is not adjusted.
(4) Mine engineering auxiliary fees:
The actual entry into the roadway is calculated as 60% of the underground auxiliary labor force in the budget.
4. Enterprise management fee: 1× 15438+0%.
3. Profit: 1+2× 7.26%.
Organization expenses: 1+2+3× 5.83%, of which temporary facilities shall be solved by Party B. ..
5. Cost: 1+4× 7.95%.
6. Labor price difference: calculated according to regulations.
Tax: 1+2+3+4+5+6× 3.35%
Mechanical maintenance fee (including taxes and fees): the maintenance fee of the roadheader (including the second conveyor belt) and the first transport equipment behind the working face shall be borne by Party B, and the mechanical excavation of rock roadway shall be included in the total amount according to the 240 yuan per meter, the mechanical excavation of semi-coal roadway and coal roadway shall be included in the total amount according to the 200 yuan per meter, and the blasting excavation and pneumatic pick excavation shall be included in the total amount according to the 40 yuan per meter.
(9) Labor cost for pipeline laying (including fees and taxes): 2 inches per meter of 9 yuan, 4 inches per meter 18 yuan, directly added to the total amount.
⒑ Water inflow adjustment (including fees and taxes):
(1) Downhill: water gushing is 5- 10 m3/hour, and 50 yuan is increased every meter, so water gushing; 30 cubic meters/hour, increasing 300 yuan per meter.
② Up-hill peace lane: the water inflow is adjusted according to 1/3 of down-hill.
(1) Unit price of engineering service:1+2+3+4+5+6+7+8+9+10.
Article 3 Requirements for Project Quality and Progress
1, the construction must be organized according to the engineering design and construction drawings and the requirements of the underground operation regulations.
2, in accordance with the "coal mine shaft engineering construction quality standards and acceptance appraisal method" acceptance, requirements score above 90 points.
3. Standardization scope: Party B is responsible for the standardization from local ventilator to working face and Party B's site.
4. Quality rewards and punishment
According to the regulations of Jinliao Company.
5, schedule requirements
Complete the production plan issued by Party A. ..
Article 4 Budget, Commencement, Acceptance and Settlement
1. Before the project starts, Party B shall prepare the construction drawing budget and attach the construction drawing and related technical parameters signed by the chief engineer of each mine, and submit the budget to the planning department for review.
2. If the roadway parameters change, it needs to be re-compiled and reported to the project budget for approval, and the settlement will be priced in sections.
3. After the unit price is determined, the construction unit shall prepare the project commencement report, which can only be started after examination and approval, otherwise it will not be settled.
4. Acceptance of engineering quantity: led by the company's dispatching, and accepted by the relevant offices of the company, relevant personnel of various mines and the person in charge of the construction team.
5. Acceptance of project quality: led by the Safety Supervision Bureau, attended by relevant offices of the company, relevant personnel of various mines and the person in charge of the construction team.
6. After the monthly project acceptance, Party B shall prepare a "project settlement form", which shall be reviewed and signed by the relevant leaders and departments in the mine and submitted to the planning department of the company.
7. Only the lane forming part is accepted and settled every month. The settlement caused by Party B's untimely report shall be borne by Party B, and a fine of 2% of the calculated amount shall be imposed.
8. After the settlement amount is determined, Party B shall issue a formal invoice to the Finance Department for account suspension.
Article 5 Materials
1. Engineering materials: Party A shall issue the monthly unit engineering material plan for the materials needed for construction. After Party B holds the Material Requisition (indicating the name of the project) and is approved by Party A, Party B goes to the supply department for material requisition, and Party A is responsible for transporting the materials to the designated underground place. Party B must abide by Party A's material use management system, and shall not cut corners or waste losses during construction. At the end of the month, the quantity of material consumption is determined according to the footage and quota, and the excess is deducted from the settlement at the current price. Materials that often occur due to changes in geological conditions must have a visa.
Article 6 Safety management
1, strictly implement the three rules of coal mine, carefully organize the construction, and ensure the safety in production.
2. If Party B violates relevant safety regulations, Party A will punish it according to relevant regulations.
3. In the production process, you must participate in all safety activities organized by Party A and abide by all rules and regulations of Party A. All personal accidents and economic losses caused by Party B in production and life shall be borne by Party B, all expenses shall be borne by Party B, and Party A shall be irresponsible and compensate all losses caused to Party A and the third party.
Article 7 Rights and Responsibilities of Party B
1. Establish an organizational structure with management, technical and security personnel. Improve various rules and regulations.
2. Party B must strictly abide by the management system of Party A. ..
3. Ensure the completion of the operation plan issued by Party A. ..
4. Party B shall be responsible for the daily maintenance and minor repairs of the equipment used by Party B (including winches and belt conveyors, etc.). ). If the equipment is damaged due to Party B, Party A will punish it as appropriate.
5, must hold a safety education briefing.
6. If the geological conditions change, it shall report to Party A in time and take corresponding measures.
7, equipped with technicians, responsible for the preparation of "operation procedures", all kinds of safety technical measures, timely submitted to Party A for approval and implementation. Responsible for the technical work of the construction team.
8, responsible for the safety of the team.
9. Domestic water, electricity, coal and other expenses shall be borne by Party B. ..
10. When Party B organizes the construction by itself, it must be equipped with specialized workers and production personnel, and take full responsibility for the treatment and personal accidents of the organized personnel.
1 1. Conduct technical business training for the personnel under its jurisdiction and bear all kinds of training expenses, and handle all kinds of insurance for the personnel under its jurisdiction according to regulations.
12, responsible for the installation and maintenance of feng shui pipeline within the construction scope.
13. Party B must implement Party A's safety management regulations and do a good job in local ventilation, gas, water, fire and dust prevention and control under the guidance and arrangement of Party A..
14, and has the right to refuse the illegal command of any personnel of Party A. ..
15. Distribute all kinds of qualified labor protection articles to all employees according to regulations.
16. Strictly implement the system of receiving and returning initiating devices and the system of using them to ensure that initiating devices are not lost, wasted or stolen.
17, manage and use various underground safety facilities and ventilation facilities to ensure the normal and effective operation of various facilities.
18, strictly implement the labor contract system and sign labor contracts with everyone.
Article 8 Rights and Responsibilities of Party A
1, responsible for the construction conditions of each system before construction.
2. Be responsible for geology, survey and breakthrough.
3. Provide lockers, miner's lamps, self-rescuers and bathing places free of charge.
4, responsible for providing design, drawings, geological data, changes.
5. Examine and approve the operating procedures and safety technical measures prepared by Party B. ..
6. Have the right to supervise and inspect the contractor's work, and have the right to stop and punish the contractor's construction and production behaviors in violation of regulations.
7. Have the right to supervise the payment of Party B's salary. After Party A allocates the project payment to Party B, Party B must ensure that the wages are paid to the workers in full within 5 days, otherwise Party A will use Party B's mortgage to pay the workers' wages, and deduct the corresponding amount from next month's project payment to enter the mortgage payment. If the salary cannot be paid in full and on time twice, Party A has the right to terminate the contract and deal with it as Party B's breach of contract.
Article 9 Termination of the Contract
Under any of the following circumstances, Party A has the right to terminate this contract without any responsibility.
(1) Due to poor management and organization, Party B failed to complete the project plan issued by Party A on schedule.
(2) The engineering quality of Party B's construction has not reached the national standard.
(3) Party B's personnel ignored Party A's relevant regulations, resulting in chaotic safety management, serious "three violations", inadequate investigation and rectification of potential safety hazards, and major production safety accidents.
(4) When the contract cannot be performed due to force majeure or sudden policy changes.
Article 10 Others
1. Before the construction unit signs the contract with Party A, each tunnel team shall pay a mortgage of 500,000 yuan to deal with emergencies and Party B's breach of contract.
2. If the construction is terminated due to the requirements of the superior competent department, Party A will accept and settle the project completed by Party B according to the facts.
3. The fines imposed on the company's leaders and departments shall be paid by Party B in cash in the current month, otherwise it shall be deducted from the settlement by the Finance Department.
4. Materials, equipment and accessories undertaken by Party B.
Materials: labor protection articles, wrenches, pliers, shovels, pickaxes, shafts, saws, drill bits, drill pipes, pneumatic pickaxes, drill pipes, intermediate hoops, drill bits, pickaxes, tooth holders, boring machines (including secondary transportation) and all materials required for the first transportation of equipment after maintaining the working face, such as oil pipes, oil, tapes and scrapers.
Equipment: pneumatic pick, pneumatic coal drill, rock drill, pneumatic anchor machine, self-provided roadheader (including the second drive).
Accessories: all accessories of self-owned machinery, roadheader (including secondary transportation) and primary transportation equipment behind the working face.
5. When Party B's self-supplied materials need to be purchased by Party A, Party B shall report the plan to Party A separately, and Party A shall bid for the purchase separately.
6. On-the-spot identification of faults and collapse columns above 1m, and determine the unit price.
7. This contract shall come into effect after being signed and sealed by both parties, and the contract term shall be one year.
8. This contract is made in quintuplicate, 4 for Party A and 0 for Party B/kloc. ..
Article 1 1 dispute settlement method
Any dispute arising from the execution of this contract shall be settled by both parties through consultation. If negotiation fails, it shall be under the jurisdiction of the court where the project is located.
Article 12 This contract is invalid without the approval of the company and stamped with the special seal for contract review of the company.
Article 13 The right to interpret this contract belongs to.
Party A: (official seal) Party B: (official seal)
Legal representative: (signature) Legal representative: (signature)
Principal: (signature) Principal: (signature)
Year, month, sun, moon, sun.