Construction project survey and design contract
Entrusting Party (hereinafter referred to as Party A):
Address:
Zip code:
Phone:
Legal representative:
Office:
Contractor (hereinafter referred to as Party B):
Address:
Zip code:
Phone:
Legal representative:
Office:
In accordance with the relevant provisions of the People's Republic of China Contract Law, this contract is signed by both parties through consultation.
1. The name of the engineering survey and design project entrusted by Party A to Party B: .
Engineering survey and design content: .
Scale and scope of engineering survey and design: .
2. Party B shall carry out the preliminary design (schematic design) and construction drawing design in stages according to the entrusted survey and design project and the provisions of the competent department. When the design conditions for each stage are met, the two parties shall sign a stage agreement, specifying the name and date of the basic survey and design materials to be submitted by Party A, and the name and date of the survey and design documents to be delivered by Party B.
3. Party A's Responsibilities
3.1 In accordance with the provisions of the agreement at each design stage, provide Party B with relevant construction project approval documents and basic information for survey and design, and be responsible for the time, progress and reliability of the data provided.
3.2 commissioned survey and mapping work, before the survey work is carried out, the survey and mapping technical requirements and the topographic map marked with the accurate location of the proposed project, the plan of the delineated survey range, the copy of the land use certificate, and arrange the on-site working conditions.
3.3 The following information should be submitted for the entrusted preliminary design:
(1) Approved design brief;
(2) Site selection report;
(3) planning requirements;
(4) Agreement documents on raw materials (or approved resource reports), fuel, water, electricity, transportation, etc.;
(5) Approved process design data, the use requirements of civil projects;
(6) Survey data that can meet the requirements of preliminary design, technical data that need to be obtained through scientific research, civil air defense, fire protection, labor protection, industrial hygiene, environmental protection prediction data, etc.
3.4 When entrusting the design of construction drawings, the approved preliminary design documents and survey data, construction conditions, and technical information of relevant equipment should be provided to meet the requirements of the construction drawing design.
3.5 After receiving the design documents delivered by Party B, it shall be reported to the relevant departments for review in a timely manner, and the review opinions shall be forwarded to Party B in writing. Organize the construction unit and the design unit to jointly agree on the relevant technical conditions, organize the design technology disclosure, and notify Party B to participate in the assessment and completion acceptance.
3.6 Survey and design personnel shall be responsible for providing necessary working and living conditions when entering the site or cooperating with the construction.
3.7 Entrust the design tasks of the introduction of the project, from inquiry, external negotiations, technical inspections at home and abroad to the completion and commissioning of each stage, should absorb the relevant design tasks of the unit to participate.
3.8 Maintain Party B's survey and design documents, which shall not be modified without authorization, and shall not be transferred to a third party for reuse without the consent of Party B. Party B does not assume any technical responsibility for the reused items after transfer.
3.9 In accordance with the relevant provisions of the state and the relevant regulations, pay the survey and design fees on time.
4. Party B's Responsibilities
4.1 In accordance with the construction project approval documents and design basic information provided by Party A, the design documents shall be prepared according to the provisions of the agreement at each stage, and the design documents (preliminary design and construction drawing design) shall be delivered on schedule at each stage, and the quality shall be guaranteed. If you need to increase the number of copies of the design document, you will be charged separately. If you need to reproduce the standard supply plan, there will be an additional charge.
4.2 Party B shall put forward the survey technical requirements and design according to the approved design task book or the approval documents of the previous stage of design, as well as the relevant design technical agreement documents, design standards, technical specifications, procedures, quotas, etc., and submit design documents (including estimates, budget documents, materials, and equipment lists) according to the schedule and quality specified in the contract.
4.3 After the preliminary design is reviewed by the competent department at a higher level, Party B shall be responsible for the necessary modifications within the scope of the original task book. When there is a major change in the original task book and the design needs to be redone, there must be an opinion from the design approval authority or the design task approval authority, and another contract shall be concluded after consultation between the two parties.
4.4 Party B shall cooperate with the construction of the construction project to undertake the design, carry out the design technical disclosure before the start of construction, solve the design problems related to the construction process, be responsible for the design change and budget modification, and participate in the assessment and project completion acceptance. For large and medium-sized industrial projects and complex civil projects, on-site design representatives should be sent and participate in the acceptance of concealed projects.
4.5 For complex projects, when Party B needs to assist in collecting basic design data, it shall be handled in accordance with the relevant provisions of technical services.
4.6 The survey unit shall, in accordance with the current standards, norms, procedures and technical regulations, carry out engineering surveying, engineering geology, hydrogeology and other survey work, and submit the survey results according to the progress and quality specified in the contract.
5. Survey and design costs
5.1 Party B shall collect survey and design fees according to the survey and design fee standards and methods approved by the state. After the design contract comes into effect, Party A shall pay Party B the design fee; When Party B delivers the preliminary design documents, Party A will pay Party B the design fee; When the construction drawing design documents are delivered, Party A is responsible for settling all the design fees. Design fees are allocated in installments for small design projects and reusable design projects. That is, when the design contract is signed, the design contract is selected as a deposit, and all the design fees are paid when the construction drawings are completed.
5.2 After the survey contract comes into effect, Party A shall pay Party B the survey fee, and Party A shall be responsible for settling all the survey fees when Party B delivers the survey documents.
6. Liability for breach of contract
6.1 If Party A does not perform the contract, it has no right to request a refund of the deposit. If Party B fails to perform the contract, it shall return double the deposit.
6.2 If Party A fails to provide the approval documents and basic design information of the construction project on time, or affects the design progress of Party B or causes design modification due to data reasons, Party B shall supplement the design fee according to the actual loss of Party B's man-days calculated in RMB (¥ yuan) per day.
6.3 If Party A requests to change the design for any reason, with the consent of Party B, Party A shall pay the design fee according to the actual rework and modification of Party B, except for the delivery time of the design documents.
6.4 When Party A requests to stop the design for any reason, Party B shall promptly notify Party B in writing, and Party B shall immediately stop the design, and the deposit paid by Party A shall not be repaid, and the deposit shall be paid according to the actual progress of the completed design.
6.5 When Party A submits the preliminary design documents for examination and approval, this contract will become invalid, and the deposit and design fee received by Party B will not be returned.
6.6 When Party A causes greater economic losses due to Party B's survey and design errors, Party B shall be exempted from the survey and design fee for the loss part in addition to actively taking remedial measures, and shall pay Party A compensation equal to the survey and design fee for the direct loss part.
6.7 When the delivery time of survey and design documents (drawings) is delayed according to the time specified in the agreement, Party A and Party B shall agree that Party A may pay less than % of the survey and design fee at this stage for each day overdue, and Party A shall pay Party B % of the design fee at this stage (effective after approval).
6.8 If Party A delays the delivery of survey and design fees, Party A shall pay overdue liquidated damages, calculated according to the cumulative number of days, and pay liquidated damages for survey and design fees every day, but the maximum amount of daily reimbursement shall not exceed RMB.
6.9 If Party B does not go to the site in time to deal with the relevant design problems, and does not modify the design according to the opinions of the examination and approval authority in time, the design fee shall be reduced for each day affected.
7. During the execution of the contract, if there is a dispute, the two parties should negotiate and resolve it in accordance with the principle of seeking truth from facts, and if the solution fails, it will be resolved according to the item.
(1) Application for arbitration by the Arbitration Commission;
(2) Filing a lawsuit with the people's court.
8. For matters not covered in the contract, supplementary clauses may be added to the contract after consultation between the two parties, and the supplementary clauses are also an effective part of the contract.
9. The entrusted survey and design project list and the survey and design agreement of this contract are all part of this contract and have the same legal effect.
10. This contract shall be made in ____ copies. Among them, there are two originals (one for each party A and B), and ____ copies for each other. The business department in charge of both sides shall hold one copy and the infrastructure department shall have one copy.
Party A (Signature): | Party B (Signature): |
Head: | Head: |
Date of signing: YYYYYYYYYYYYYYYYYYYYY | Date of signing: YYYYYYYYYYYYYYYYYYYYY |
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