How to write the greening maintenance contract? What is the content? What are the precautions?

Party B (contractor)?

In order to clarify the rights and obligations of Party A and Party B, in accordance with the People's Republic of China (PRC) Contract Law, Shanghai Greening Regulations and other relevant laws and regulations, and following the principles of equality, voluntariness, fairness, honesty and credibility, both parties reached an agreement on the maintenance of landscaping works and concluded this contract.

Article 1 General situation of the project

Project name:?

Project location:?

Article 2 Scope and content of maintenance

1. Maintenance scope?

2. Maintenance content (subject to check):

□? Remove dead plants? □? Plant replanting □? Tree righting

□? Pest control and monitoring? □? Irrigation and drainage? □? Soil fertilization

□? Intertillage weeding □? Flower bed flower border layout? □? cover plant

□? Pruning of plants (trees, hedges, lawns, etc.). )

□? Plant protection (cold, drought, typhoon, waterlogging, high temperature, etc. )

□? Cleaning and maintenance of railings, garden roads, tables and chairs, street lamps, manhole covers, signs, revetment and other garden facilities.

□? Green space cleaning □? Garbage collection □? Garbage removal

□? Water cleaning □? Water dredge □? Public security patrol

□? Other maintenance contents:?

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 contract after entering the site, it shall? Within days, submit the maintenance workload difference report to Party A. After Party A receives the report? Before measuring, confirm the actual maintenance workload in a few days. Hours to inform Party B, Party B provides convenient conditions for the measurement and sends people to participate. After Party B enters the site? If the maintenance workload variance report is not submitted within days, it shall be deemed that there is no variance in the workload determined in the contract; If Party A fails to organize the measurement within the agreed time after receiving Party B's report, it shall be deemed as approval of Party B's difference report.

4. If Party B's maintenance beyond the scope agreed in the contract is reworked due to Party B's reasons, Party A will not measure it.

Article 3 Maintenance Period

How long is the maintenance period? Month, starting from 2008? Month? Day after day? Month? Day stop.

Article 4 Maintenance Quality and Evaluation

1. Maintain quality

(1) The maintenance quality of Party B must meet the requirements of Technical Grade Standard for Landscaping Maintenance (DG/TJ08-702-2005). When there are special requirements for the maintenance quality, both parties may agree separately:

(2) Both parties have disputes over the maintenance quality, and both parties agree as follows: agency appraisal agreed in this way.

A. Shanghai Landscaping Industry Association.

Designated by both parties? Institutions.

The required expenses and losses caused thereby shall be borne by the responsible party. If both parties have responsibilities, they shall bear them respectively according to their respective responsibilities.

2. Maintenance assessment

(1) Party B shall carry out maintenance according to the standards and specifications of the landscaping industry, the requirements of this contract and the instructions issued by Party A's representative according to this contract, and shall accept Party A's inspection and assessment at any time to provide convenient conditions for inspection and assessment.

(2) 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 fails to meet the agreed standards, Party A may require Party B to take all remedial measures such as replanting, replacement, redo and repair until the agreed standards are reached. If the agreed standards cannot be reached due to Party B's reasons, Party B shall bear all expenses arising from taking remedial measures.

(3) The time, standards and rewards and punishments for inspection and assessment are agreed as follows:

(4) If the greening trees and flowers die or are damaged due to improper maintenance, Party B shall replant and repair them free of charge. If Party B believes that the responsibility for the death or damage of greening trees and flowers is not borne by Party B, Party B shall bear the burden of proof.

Article 5 General rights and obligations of both parties

1. Representative of Party A

(1) designated by Party A? As the representative of Party A, perform the obligations under this contract on behalf of Party A. ..

(2) Except for Party A's representative, other personnel have no right to give any instructions to Party B. Unless otherwise agreed by both parties, Party A's representative shall not entrust others to act on his behalf.

(3) Party B's instructions to Party A's representative must be carried out. The instructions of Party A's representative shall be issued in written form, otherwise it will be invalid. Party B thinks that the instructions of Party A's representative are unreasonable, and shall, after receiving the instructions? Submit a written report on the modification instruction to Party A's representative within hours. After Party A's representative receives Party B's report? Make a decision to modify the instruction or continue to implement the original instruction within hours, and notify Party B in writing, and Party B shall implement it. Party A shall bear the extra contract price and the losses caused to Party B due to incorrect instructions.

(4) The representative of Party A shall provide Party B with necessary instructions, approvals and other agreed obligations in time according to the contract. Party A shall bear the losses caused to Party B due to Party A's representative's failure to perform obligations as agreed in the contract.

(5) During the performance of the Contract, Party A may replace its representative if necessary. If Party A's representative needs to be replaced, Party A shall notify Party B in writing at least 7 days in advance, and Party A's representative will continue to exercise his power and perform the agreed obligations.

2. Representative of Party B

(1) Party B is appointed as the representative of Party B to perform the obligations under this contract on behalf of Party B. ..

(2) The notice issued by Party B under this contract shall be signed by Party B's representative in writing and sent to Party A's representative, and shall take effect after Party A's representative signs his name and receives it.

(3) The representative of Party B shall organize the maintenance work according to the provisions of this contract and the instructions issued by the representative of Party A according to this contract. In case of emergency and unable to contact Party A's representative, Party B's representative shall take emergency measures to ensure the safety of personnel and property, and submit a report to Party A's representative within 48 hours after taking measures. If it is the responsibility of Party A, Party A shall bear the increased contract price; If it is the responsibility of Party B, Party B shall bear the expenses and compensate Party A for the losses.

(4) If Party B needs to change its representative, it shall notify Party A in writing at least 7 days in advance. The follow-up representatives of Party B will continue to exercise the powers and perform the obligations agreed in this contract.

(5) When the representative of Party B is incompetent, Party A may negotiate with Party B and propose a replacement; After receiving the notice of Party A's request to replace Party B's representative, Party B shall replace a qualified person according to Party A's request.

3. Party A's work

(1) List the scope or list of trees, lawns, flowers, hedges, aquatic plants, water bodies, garden facilities and other facilities that need to be maintained in the maintenance project area, and both parties shall make on-site confirmation.

(2) Provide landscape design drawings within the maintenance scope, as well as engineering geology and underground pipeline data within the maintenance site, and be responsible for the authenticity and accuracy of the data.

(3) Provide the water and electricity connection points needed for maintenance to ensure the needs of maintenance. Unless otherwise agreed by both parties, the expenses for purchasing and installing instruments shall be borne by Party A, and the expenses for water and electricity during the maintenance period shall be borne by Party B (the water and electricity expenses for landscape water saving shall be determined by both parties through consultation).

(4) After Party B enters the site, the maintenance management room, workshop lounge and materials and tools storage room provided by Party A at the maintenance site are:? . Unless otherwise agreed by both parties, Party B shall solve the storage problem of vehicles and large mechanical equipment by itself.

(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, if the competent authority notifies the power outage and water stoppage, Party A shall promptly send a notice of power outage and water stoppage to Party B, and Party B shall take maintenance measures during the power outage 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; Where the responsibility cannot be determined, Party B shall bear it.

(8) Check and evaluate Party B's work according to this contract.

(9) Pay maintenance fees to Party B as agreed in the contract.

(10) Other work that Party A should do:

4. Party B's work

(1) According to the contract, after the contract is signed? Within days, formulate the corresponding overall greening maintenance management plan during the maintenance period and report it to Party A's representative for approval as the basis for implementation. After receiving Party B's suggestion, Party A's representative shall? Confirm or propose amendments within days, and if it fails to confirm or propose amendments within the time limit, it shall be deemed as consent.

(2) Establish a perfect maintenance team, and formulate maintenance post responsibilities, post specifications, operating procedures and maintenance systems (including holiday duty system, flood prevention duty system and emergency rescue work system). Provide technical management personnel and maintenance operators according to the contract, and submit the job description, operating rules, management system and personnel list to Party A for approval and filing.

(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) Responsible for the maintenance and daily inspection of all kinds of plants in the area. If all kinds of seedlings and facilities are damaged or stolen, they should report to Party A in time, and immediately make up for the deficiency and restore.

(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 safe production, and conduct civilized construction; In the maintenance area open to the outside world, handle the relationship between maintenance work and tourists. Green garbage shall be piled up at the place designated by Party A, and unless otherwise agreed by both parties, Party B shall be responsible for cleaning up the garbage and transporting it abroad.

(6) During the maintenance period, do a good job in protecting underground pipelines and existing buildings and structures within the maintenance scope; However, before Party B enters the site, Party A shall disclose to Party B the underground pipelines and underground structures within the scope of maintenance. ..

(7) 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. ..

(8) 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. ..

(9) Establish and improve maintenance management files, timely analyze, sort out and archive all kinds of information and materials collected in maintenance management, and submit them to Party A for filing. 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.

(10) 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's representative, and accept the inspection, supervision and assessment of maintenance quality by Party A's representative.

2. When Party A's representative thinks that it is really necessary to suspend the maintenance work or adjust the maintenance plan due to major activities or other reasons, he shall request Party B's maintenance personnel to adjust the maintenance time or change the maintenance measures in writing. Party B shall comply with Party A's requirements. Unless otherwise agreed by both parties, Party A shall bear the increased expenses due to this adjustment.

3. Without the prior written permission of Party A, Party B shall not adjust the maintenance time or change the maintenance measures by itself.

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 safety education for its employees at the maintenance site and be responsible for their safety.

(3) Party A shall not require Party B to carry out maintenance work in violation of safety management regulations. In case of safety accidents caused by Party A, Party A shall bear 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 shall take corresponding safety protection measures by itself. 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 scope of maintenance can be used safely, and shall promptly request Party A to repair or replace facilities and articles with potential safety hazards. 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.

(3) When Party B disinfects the soil or prevents pests and diseases, it shall use chemicals that meet the requirements of environmental protection, and shall not use drugs that are highly toxic, have high residues or may cause other public hazards. Before spraying drugs, Party B shall report the spraying time and drug types to Party A for approval in advance, and spray them according to the time and route approved by Party A ... It is not advisable to spray chemicals on melons and fruits during the fruiting period to prevent accidents. Party B shall properly collect and dispose of the remaining chemicals and containers according to regulations. If Party B fails to take the medicine according to the regulations, the responsibilities arising therefrom shall be borne by Party B. ..

3. Environmental protection

(1) During the maintenance period, Party B shall abide by the national policies and regulations on environmental protection. The garbage within the maintenance scope shall be removed according to the regulations. Sewage and wastewater shall not be directly discharged into rivers or other public facilities before reaching the standard, so as not to cause pollution.

(2) Party B shall apply fertilizer and compost according to the contract. Fertilization and composting shall not cause green landscape and surrounding environmental pollution.

(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 pile the dredged silt at the place designated by Party A. ..

(4) During the maintenance period, Party B shall repair the dike according to the contract to prevent collapse; However, it is not allowed to dig dikes to expand the water surface without authorization, nor to change the shape and direction of dikes without authorization.

4. Accident handling

(1) 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's representative according to relevant regulations, and handle them according to the requirements of relevant government departments, and the expenses incurred shall be borne by the party responsible for the accidents.

(2) If there is any dispute between Party A and Party B on the responsibility for the accident, it shall be handled as determined by the relevant government departments.

Article 8 Contract Price and Payment

1. Contract Price and Adjustment

(1) What is the contract price agreed by both parties for this maintenance project? (in words: RMB).

(2) The contract price is calculated as follows:

The workload list or budget for calculating the contract price confirmed by both parties can be used as an annex to the contract.

(3) Both parties agree that the adjustment factors and methods of the contract price are as follows:

________________________________________________________________________________。

(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 that the payment method of maintenance price in this contract is as follows:

A. after the contract is concluded? Within days, Party A will pay? Yuan (of the total contract price? %) as an advance payment.

B during the maintenance period, the payment method of progress payment is:?

_______________________________________________________________________________。

C. After the maintenance period expires, the payment method of the maintenance balance is as follows:

3. Maintenance costs are linked to maintenance quality. If the maintenance quality standards agreed in the contract cannot be met, both parties agree to reduce the contract price in the following ways:

________________________________________________________________________________。

4. The increase or decrease of the contract price determined according to Article 8. 1 (3) of this contract shall be adjusted and paid at the same time as the maintenance progress payment.

Ninth maintenance of construction machinery, materials and equipment.

1. Machinery, materials, appliances and equipment prepared by Party B.

(1) Unless otherwise agreed by both parties, Party B shall allocate transportation tools required for maintenance management and other machinery, materials, appliances and equipment required for maintenance. The list of machinery, materials, appliances and equipment required for maintenance allocated by Party B is as follows:

________________________________________________________________________________。

(2) Party B shall be responsible for the quality of machinery, materials, appliances and equipment put into use. Party B shall notify Party A's representative to make an inventory 24 hours before the machinery, materials, appliances and equipment arrive at the maintenance site. When the quantity, specifications and quality of machinery, materials, appliances and equipment put into use by Party B fail to meet the standards agreed in the contract, Party B shall bear the liability for breach of contract.

(3) Party B shall ensure that the machinery, materials, appliances and equipment it provides meet the safety standards. Before use, Party B shall conduct inspection or test according to the requirements of the specification, and unqualified products shall not be used. Unless otherwise agreed by both parties, the inspection or test expenses shall be borne by Party B. ..

(4) When Party A finds that Party B provides or uses unqualified machinery, materials, instruments and equipment, Party B shall be responsible for taking remedial measures such as replacement and redoing according to Party A's requirements, and bear the corresponding expenses by itself.

(5) When Party B needs to use substitute machinery, materials, appliances and equipment, it must be approved by the representative of Party A before it can be used. Unless otherwise agreed by both parties, the increased contract price shall be borne by Party B, and the decreased contract price shall be deducted from the total contract price.

2. Maintenance materials and equipment provided by Party A.

(1) Both parties agree that during the performance of this contract, Party A will provide the following materials and equipment:

A list of materials and equipment provided by party a:

B. When will Party A provide materials and equipment? .

(2) If Party A provides materials and equipment, it shall notify Party B 24 hours before the materials and equipment arrive at the maintenance site, and Party B shall send someone to check with Party A.. ..

(3) The materials and equipment provided by Party A shall be properly kept by Party B after Party B sends people to participate in the inventory. In case of loss or damage caused by Party B, Party B shall be responsible for compensation. If Party A fails to inform Party B of the inventory, Party B will not be responsible for the storage of materials and equipment, and Party A will be responsible for the loss or damage.

(4) The losses caused by the unqualified materials and equipment provided by Party A shall be borne by Party A. ..

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 the maintenance fee on a daily basis according to the overdue amount. % pay liquidated damages to Party B. Party A's overdue payment exceeds? After days, Party B can 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 that Party A shall bear:

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 may sign a supplementary agreement after consultation according to the provisions of relevant laws and administrative regulations and the actual situation of the maintenance project. The supplementary agreement shall be regarded as an integral part of this contract.

Article 12 Settlement of Contract Disputes

Any dispute arising from or related to this contract shall be submitted to South China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding on both parties.

Article 13 Supplementary Provisions

This contract is made in duplicate, with the same effect, and each party holds one copy.

A copy of this contract? Two copies, one for each party? Share, send? 、? 、? One for each department.

Employer: (official seal)? Contractor: (official seal)?

Address:? Address:?

Legal representative: legal representative:?

Authorized Agent: Authorized Agent:?

Telephone: telephone:?

Website: Website:?

Bank of deposit:? Bank of deposit: