Construction Engineering Design Contract (1)
Enter into the contract:
Construction unit: hereinafter referred to as Party A;
Design unit: hereinafter referred to as Party B.
In order to clarify responsibilities, work together and work together to complete the design tasks of the national construction project, according to the provisions of the Regulations on Construction Engineering Survey and Design Contracts and the approved plan and task book, this contract is signed by the two parties for full compliance.
Article 1 Project name, scale, investment amount, construction site
Party A entrusts Party B to undertake the design project of the project. The construction and installation area is square meters, and the approved total investment is 10,000 yuan. The construction site is at.
Article 2 Obligations of Party A
1. Party A shall submit to Party B the design task book, project site selection report, raw materials (or approved resource reports), fuel, water, electricity, transportation and other aspects of the agreement documents and energy before the date of the year. Survey materials that meet the preliminary design requirements and technical materials that need to be obtained through scientific research. Party A shall provide approved preliminary design documents and survey data that meet the design requirements of the construction drawings, construction conditions, and technical information about the equipment before the construction of the construction drawings on the day of the month.
Party A must guarantee the quality of the above information and must not change it at will.
2. Promptly handle the approval of design documents at each design stage.
3. Before the commencement of the project, Party A shall organize the relevant construction unit, and Party B shall carry out the design and technical disclosure; after the completion of the project, Party A shall notify Party B to participate in the completion acceptance.
4. When the designer enters the construction site to carry out the work, Party A shall provide the necessary working conditions and be convenient in life. During the design and construction process, the test shall be carried out due to technical special needs, all expenses required and coordination with Party A. Party A is responsible for travel expenses to other places.
5. Party A must maintain Party B's design documents and may not modify them without authorization. Party A shall not copy, reuse or expand the scope of construction without the consent of Party B. Party A is obliged to protect the design copyright of Party B and may not transfer it to a third party for reuse.
Article 3 Obligations of Party B
1. Party B must deliver the preliminary design documents to Party A before the date of the year; deliver the technical design documents to Party A before the date of the year; and deliver the construction drawing design documents to Party A before the date of the year. Among them, the preliminary design documents are in one copy, the technical design documents are in one copy, and the construction drawing design documents are in one copy. Party A also needs to add the number of documents and the model fee, and the fee will be charged separately. Before the date of the year, Party B must submit all design documents (including budgetary documents, materials and equipment list) to Party A.
(In large-scale construction and installation projects, both parties can design in stages according to specific conditions. When design conditions are met, the two parties sign a phase design contract, specifying the name and date of the design information submitted by Party A at each stage, and the date on which Party B delivers the design documents. As an annex to this contract, please refer to Annex (2).)
2. Party B must submit the survey technical requirements and design according to the approved design task book or the approval document of the previous stage design, as well as the design technical and economic agreement documents, design standards, technical specifications, procedures, quotas, etc., and submit the quality-compliant design documents.
3. After the preliminary design has been reviewed by the higher authorities, Party B shall be responsible for the necessary modifications within the scope of the original mission statement.
4. The design unit shall cooperate with the construction project to undertake the design task, carry out the technical pre-construction technical disclosure, solve the relevant design problems in the construction, be responsible for design change and revision budget, participate in concealed project acceptance and project completion acceptance.
Article 4 Modification and suspension of design
1. Party A shall request the modification of the design of the project for any reason. With the consent of Party B, Party A shall, in addition to the delivery time of the design documents, Party A shall, according to the actual rework date of Party B, renew the design fee per working day, or in the design phase. The percentage of work rework is calculated.
2. If the original task book is reworked or modified, if it has major changes, it must have the opinion of the design approval authority or the design task approval authority. The payment of the design cost that has already been carried out is calculated according to the preceding article.
3. If Party A requests to stop design in the middle of the reason, Party B shall promptly notify Party B in writing that the design fee has not been refunded, and the design fee shall be increased and paid according to the actual time of work at this stage, and the contractual relationship shall be terminated.
Article 5 Quantity and delivery method of design fees
Within days after the design contract becomes effective, Party A shall deliver a deposit equal to 20% of the design fee to Party B. After the design contract is fulfilled, the deposit shall be used as the design fee; Party B shall submit Party B to Party B within one day after submitting the preliminary design plan. Paying the design fee of %; Party B shall settle all design fees to Party B within the day after Party A submits the construction drawing documents (a large-scale project with a long design period, the design fee for the construction drawing stage, which can be completed according to the individual project design. After the separate payment).
Article 6 Responsibility and breach of contract liability
1. Within the reasonable project investment control number, because Party B uses advanced technology or reasonable advice to save engineering investment, it can withdraw __% from Party B to save the investment amount.
2. Since Party A cannot provide relevant design information on time and accurately, Party B cannot design or cause design rework. In addition to the date of delivery of the design document, Party B shall also be calculated by Party A according to the actual loss of working days of Party B. Increase the design fee.
3. Party A shall not pay the deposit and design fee to Party B in accordance with the time stipulated in the contract, and shall pay Party B the liquidated damages according to the bank's provisions on deferred payment.
4. Due to the reason of Party B, delay in the delivery of the design documents, Party B shall pay Party A a penalty of the equivalent of the design fee (the Party A may deduct the design fee) for each delay.
5. Due to the poor quality of the design of Party B, it is necessary for Party B to continue to improve the design tasks, and to reduce the amount of waste caused by the loss or the design fee. For those who have caused major quality accidents due to design errors of Party B, Party B shall not only pay the design fee for the loss part, but also pay compensation equal to the design fee directly affected by the loss.
Article 7 Other
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This contract is effective after the signature of both parties on the day of the month, and all design tasks are invalid. If there are any unfinished matters in this contract, it is necessary to make additional provisions through mutual consultation. The Supplemental Agreement shall have the same effect as this Contract, but shall not be inconsistent with the contents of this Contract.
In the event of a dispute arising from the execution of the contract, both parties shall promptly resolve the dispute. If the two parties belong to the same department when the negotiation fails, the mediation by the superior competent department; if the mediation fails or does not belong to the same department, it may apply to the contract management authority prescribed by the state for arbitration, or directly to the people's court.
The original of this contract is in duplicate, and each party shall hold one copy; one copy of the contract shall be paid in one copy to each of the units, including the Commission, Construction Committee, and CCB.
Construction unit (Party A): Design unit (Party B):
Representative: Representative:
Contact: Contact:
Unit Address: Unit Address:
Postal Code: Postal Code:
Phone: Phone:
Fax: Fax:
Bank of deposit: Bank of deposit:
Bank account number: Bank account number:
Year, month and day
Attached:
(1) Design project fee schedule;
(2) Supplementary agreement for engineering design.
××× design project fee schedule
Annex 1
Project No. Project Name Unit Square Meter Design Content Unit Cost (RMB/m2) Project Volume Square Meter Investment Estimate (yuan) Design Fee Rate (%) Design Fee (yuan)
The project entrusts the design of a total of square meters of investment estimate total yuan, and estimates the total design fee. When signing the contract, Party A shall pay Party B a design fee of 50% and temporarily pay the amount according to the yuan.
Note: The investment estimate is proposed by Party A. The designed investment amount is subject to the approved preliminary design estimate or revised design estimate.
Construction unit: (stamped) Design unit: (stamped)
Infrastructure Leader: Infrastructure Leader:
Signing a fee agreement
Annex 2
×××Engineering Design Supplementary Agreement
This agreement is signed under the No. Architectural Design Contract and is an attachment to the original contract.
The design needs to be prepared and the parties agree:
1. Party A shall submit the following basic documents for construction documents on time:
No. Document and data name Delivery date (or period)
2. Party B shall deliver the following design documents on time on the premise that Party A submits the above documents and materials on time:
No. Design file name and content Delivery date
Construction unit: (stamped) Design unit: (seal)
Infrastructure Leader: Design Office Director:
Signing a fee agreement: Year Month Day
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