Construction Engineering Survey and Design Contract (2)
Construction engineering survey design contract
Principal ____
Contractor____
In accordance with the relevant provisions of the Economic Contract Law of the People's Republic of China and the Regulations on Construction Engineering Survey and Design Contracts, this contract is signed by both parties.
The name, content, scale and scope of the engineering survey and design project entrusted by Party A to Party B are detailed in the list of commissioned survey and design projects.
Article 2 Party B shall proceed in stages according to the commissioned survey and design project and the regulations of the competent department according to the preliminary design and construction drawing design. When there are design conditions at each stage, the two parties sign a phase agreement, specifying the name and date of the survey design basic data that Party A should submit, and the name and date of the survey design file to be delivered by Party B as the subsidiary file of this contract. .
Article 3: Liability of both parties
1. Party A’s responsibility
In accordance with the provisions of the agreement of each design stage, Party B shall provide relevant construction project approval documents and survey and design basic data, and shall be responsible for the time, schedule and reliability of the information provided.
Before commissioning the surveying and mapping work, before the survey work is carried out, the technical requirements for surveying and mapping, the topographic map marked with the exact location of the proposed project, and the plan plan for the measurement range shall be proposed. A copy of the land use certificate and arrange the on-site working conditions.
The following information should be submitted for the preliminary design: 1 approved design task book, 2 site selection report; 3 planning requirements; 4 agreement documents for raw materials, fuel, water, electricity, transportation, etc.; 5 approved process design materials, civil use The requirements for the use of the project; 6 survey data that can meet the preliminary design requirements, technical data obtained through scientific research, civil air defense, fire protection, labor protection, industrial hygiene, environmental protection prediction data, etc.
When commissioning the construction drawing design, the approved preliminary design files and survey data that meet the construction drawing design requirements, construction conditions, and technical information about the equipment shall be provided.
After receiving the design file delivered by Party B, it shall promptly report to the relevant department for review, and the review opinion 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 and technical disclosure, and notify Party B to participate in the test evaluation and completion acceptance.
When the survey and design personnel enter the on-site operation or cooperate with the construction, they shall be responsible for providing the necessary working and living conditions.
Entrusted to cooperate with the design tasks of the introduced projects, from the inquiry, external negotiations, domestic and foreign technical inspections to the completion of the production and production stages, should participate in the units responsible for the design tasks.
Party B's survey and design files shall not be modified without authorization and may not be transferred to third parties for reuse without the consent of Party B. Party B shall not be responsible for any technical responsibility for items that are reused after the transfer.
In accordance with the relevant provisions of the State and this Municipality, the survey and design fees shall be paid on time.
2. Party B’s responsibility
According to the construction project approval file and design basic data provided by Party A, the design file shall be prepared. According to the provisions of the various stages of the agreement, the design files of each stage are delivered on time and the quality is guaranteed. Additional fees will be charged for the number of copies of the design file. Additional charges will apply if the supply standard drawing is to be copied.
Party B shall approve the file according to the approved design task book or the previous stage design. As well as design technical and economic agreement files, design standards, technical specifications, procedures, quotas, etc., put forward survey technical requirements and design, and propose design files according to the schedule and quality of the contract.
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. When there is a major change in the original mission letter and the design needs to be re-designed, it must have a submission from the design approval authority or the design task approval authority.
Party B shall cooperate with the construction project under the design, and carry out the design technology before the start of construction, solve the relevant design problems in the construction process, be responsible for the design change and revision budget, participate in the test evaluation and the completion acceptance of the project. For large and medium-sized industrial projects and complex civil projects, field design representatives should be sent and participate in concealed project acceptance.
For complex projects, when Party B needs to assist in collecting basic design materials, it should be handled in accordance with the relevant provisions of technical services.
The surveying unit shall carry out engineering survey, engineering geology, hydrogeology and other survey work in accordance with the current standards, norms, regulations and technical regulations, and submit the survey results according to the progress and quality of the contract.
Article 4 Survey and Design Fees
Party B shall calculate the survey and design fee in accordance with the standards and methods for survey and design fees approved by the State. After the design contract takes effect, Party A shall pay Party B a design fee of 20%; when Party B delivers the preliminary design file, Party A shall pay Party B a design fee of 30%; when the construction drawing design file is delivered, Party A shall be responsible for the Clear all design fees. For small design projects and reusable design projects, the design fee shall be paid twice. When the design contract is signed, 20% will be allocated as a deposit, and all design fees will be paid when the construction drawing is completed.
After the investigation contract takes effect, Party A shall pay Party B 30% of the survey fee. When Party B delivers the survey file, Party A shall be responsible for clearing all the survey fees.
Article 5 Economic Compensation
1. Party A does not perform the contract and has no right to request a refund of the deposit. If Party B fails to perform the contract, Party B shall return the deposit twice.
2. Party A shall not provide the construction project approval file and design basic data on time, or influence Party B's design progress or design modification due to data reasons. Party B shall, in addition to delaying the delivery of the design file date, Party A shall be in accordance with the actual loss date of Party B. Calculated by the daily output value of 30 yuan, additional design fees.
3. If Party A requests to change the design for any reason, Party B shall, in addition to the delivery time of the design file, agree with Party B, Party A shall, in accordance with the actual rework date of Party B, increase the design fee.
4. If Party A requests to stop the design for any reason, Party B shall promptly notify Party B in writing. Party B shall immediately stop the design, and the deposit paid by Party A shall not be repaid. If the deposit is insufficient, the design progress shall be paid according to the actual progress of the completed design.
5. When Party A requests the preliminary design file to be approved for more than half a year, the contract will be invalidated by itself, and the deposit and design fee already paid by Party B will not be returned.
6. Due to the wrong survey and design of Party B, causing a large economic loss to Party A, Party B shall, in addition to being responsible for actively taking remedial measures, exempt the part of the survey and design fee from the loss, and pay Party A equal to the direct loss part of the survey and design fee. Compensation.
7. When the delivery time of the survey and design files is delayed according to the time specified in the agreement, Party A and Party B agree that Party A may pay less than one percent of the survey and design fee for this period, and Party A shall pay Party B the design fee for this stage in advance. __ percent.
8. If Party A delays the delivery of survey and design fees, it shall pay the overdue liquidated damages. The accumulated amount of the survey design fee shall be reimbursed by the number of days, and the maximum amount of reimbursement shall not exceed 100 yuan per day.
9. If Party B fails to go to the site to deal with the design problem in time, and fails to timely modify the design according to the opinions of the examination and approval authority, it shall reduce the design fee by one percent for each impact.
Article 6 In the process of execution of the contract, if there is a dispute, the two parties shall resolve the matter on the basis of seeking truth from facts. If the dispute cannot be resolved, the respective competent departments shall organize mediation. If the mediation fails to reach an agreement, the Economic and Trade Bureau of the Trade and Industry Bureau shall mediate the arbitration or the people's court. .
Article 7 Other
1. If the contract is not completed, the supplementary clause may be added to the contract by mutual agreement, and the supplementary clause is also an effective part of the contract.
2. The commission survey and design project list and the survey design agreement of the sub-files of this contract are all part of this contract and have the same legal effect.
3. This contract is in seven copies. Two copies of the original, five copies. The competent departments of the business of Party A and Party B shall each hold one copy, one copy of the municipal infrastructure construction department, one copy of the administration for industry and commerce in the area where the project is located, and one bank.
Construction unit
representative of A:
phone:
Bank of account:
account number:
contact address:
City Urban and Rural Construction Committee Design and Research Office
year month day
Numbering:
Survey and design unit
representative of A:
phone:
Bank of account:
account number:
contact address:
City Administration for Industry and Commerce Administration
year month day
Numbering:
Principal ____
Contractor____
In accordance with the relevant provisions of the Economic Contract Law of the People's Republic of China and the Regulations on Construction Engineering Survey and Design Contracts, this contract is signed by both parties.
The name, content, scale and scope of the engineering survey and design project entrusted by Party A to Party B are detailed in the list of commissioned survey and design projects.
Article 2 Party B shall proceed in stages according to the commissioned survey and design project and the regulations of the competent department according to the preliminary design and construction drawing design. When there are design conditions at each stage, the two parties sign a phase agreement, specifying the name and date of the survey design basic data that Party A should submit, and the name and date of the survey design file to be delivered by Party B as the subsidiary file of this contract. .
Article 3: Liability of both parties
1. Party A’s responsibility
In accordance with the provisions of the agreement of each design stage, Party B shall provide relevant construction project approval documents and survey and design basic data, and shall be responsible for the time, schedule and reliability of the information provided.
Before commissioning the surveying and mapping work, before the survey work is carried out, the technical requirements for surveying and mapping, the topographic map marked with the exact location of the proposed project, and the plan plan for the measurement range shall be proposed. A copy of the land use certificate and arrange the on-site working conditions.
The following information should be submitted for the preliminary design: 1 approved design task book, 2 site selection report; 3 planning requirements; 4 agreement documents for raw materials, fuel, water, electricity, transportation, etc.; 5 approved process design materials, civil use The requirements for the use of the project; 6 survey data that can meet the preliminary design requirements, technical data obtained through scientific research, civil air defense, fire protection, labor protection, industrial hygiene, environmental protection prediction data, etc.
When commissioning the construction drawing design, the approved preliminary design files and survey data that meet the construction drawing design requirements, construction conditions, and technical information about the equipment shall be provided.
After receiving the design file delivered by Party B, it shall promptly report to the relevant department for review, and the review opinion 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 and technical disclosure, and notify Party B to participate in the test evaluation and completion acceptance.
When the survey and design personnel enter the on-site operation or cooperate with the construction, they shall be responsible for providing the necessary working and living conditions.
Entrusted to cooperate with the design tasks of the introduced projects, from the inquiry, external negotiations, domestic and foreign technical inspections to the completion of the production and production stages, should participate in the units responsible for the design tasks.
Party B's survey and design files shall not be modified without authorization and may not be transferred to third parties for reuse without the consent of Party B. Party B shall not be responsible for any technical responsibility for items that are reused after the transfer.
In accordance with the relevant provisions of the State and this Municipality, the survey and design fees shall be paid on time.
2. Party B’s responsibility
According to the construction project approval file and design basic data provided by Party A, the design file shall be prepared. According to the provisions of the various stages of the agreement, the design files of each stage are delivered on time and the quality is guaranteed. Additional fees will be charged for the number of copies of the design file. Additional charges will apply if the supply standard drawing is to be copied.
Party B shall approve the file according to the approved design task book or the previous stage design. As well as design technical and economic agreement files, design standards, technical specifications, procedures, quotas, etc., put forward survey technical requirements and design, and propose design files according to the schedule and quality of the contract.
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. When there is a major change in the original mission letter and the design needs to be re-designed, it must have a submission from the design approval authority or the design task approval authority.
Party B shall cooperate with the construction project under the design, and carry out the design technology before the start of construction, solve the relevant design problems in the construction process, be responsible for the design change and revision budget, participate in the test evaluation and the completion acceptance of the project. For large and medium-sized industrial projects and complex civil projects, field design representatives should be sent and participate in concealed project acceptance.
For complex projects, when Party B needs to assist in collecting basic design materials, it should be handled in accordance with the relevant provisions of technical services.
The surveying unit shall carry out engineering survey, engineering geology, hydrogeology and other survey work in accordance with the current standards, norms, regulations and technical regulations, and submit the survey results according to the progress and quality of the contract.
Article 4 Survey and Design Fees
Party B shall calculate the survey and design fee in accordance with the standards and methods for survey and design fees approved by the State. After the design contract takes effect, Party A shall pay Party B a design fee of 20%; when Party B delivers the preliminary design file, Party A shall pay Party B a design fee of 30%; when the construction drawing design file is delivered, Party A shall be responsible for the Clear all design fees. For small design projects and reusable design projects, the design fee shall be paid twice. When the design contract is signed, 20% will be allocated as a deposit, and all design fees will be paid when the construction drawing is completed.
After the investigation contract takes effect, Party A shall pay Party B 30% of the survey fee. When Party B delivers the survey file, Party A shall be responsible for clearing all the survey fees.
Article 5 Economic Compensation
1. Party A does not perform the contract and has no right to request a refund of the deposit. If Party B fails to perform the contract, Party B shall return the deposit twice.
2. Party A shall not provide the construction project approval file and design basic data on time, or influence Party B's design progress or design modification due to data reasons. Party B shall, in addition to delaying the delivery of the design file date, Party A shall be in accordance with the actual loss date of Party B. Calculated by the daily output value of 30 yuan, additional design fees.
3. If Party A requests to change the design for any reason, Party B shall, in addition to the delivery time of the design file, agree with Party B, Party A shall, in accordance with the actual rework date of Party B, increase the design fee.
4. If Party A requests to stop the design for any reason, Party B shall promptly notify Party B in writing. Party B shall immediately stop the design, and the deposit paid by Party A shall not be repaid. If the deposit is insufficient, the design progress shall be paid according to the actual progress of the completed design.
5. When Party A requests the preliminary design file to be approved for more than half a year, the contract will be invalidated by itself, and the deposit and design fee already paid by Party B will not be returned.
6. Due to the wrong survey and design of Party B, causing a large economic loss to Party A, Party B shall, in addition to being responsible for actively taking remedial measures, exempt the part of the survey and design fee from the loss, and pay Party A equal to the direct loss part of the survey and design fee. Compensation.
7. When the delivery time of the survey and design files is delayed according to the time specified in the agreement, Party A and Party B agree that Party A may pay less than one percent of the survey and design fee for this period, and Party A shall pay Party B the design fee for this stage in advance. __ percent.
8. If Party A delays the delivery of survey and design fees, it shall pay the overdue liquidated damages. The accumulated amount of the survey design fee shall be reimbursed by the number of days, and the maximum amount of reimbursement shall not exceed 100 yuan per day.
9. If Party B fails to go to the site to deal with the design problem in time, and fails to timely modify the design according to the opinions of the examination and approval authority, it shall reduce the design fee by one percent for each impact.
Article 6 In the process of execution of the contract, if there is a dispute, the two parties shall resolve the matter on the basis of seeking truth from facts. If the dispute cannot be resolved, the respective competent departments shall organize mediation. If the mediation fails to reach an agreement, the Economic and Trade Bureau of the Trade and Industry Bureau shall mediate the arbitration or the people's court. .
Article 7 Other
1. If the contract is not completed, the supplementary clause may be added to the contract by mutual agreement, and the supplementary clause is also an effective part of the contract.
2. The commission survey and design project list and the survey design agreement of the sub-files of this contract are all part of this contract and have the same legal effect.
3. This contract is in seven copies. Two copies of the original, five copies. The competent departments of the business of Party A and Party B shall each hold one copy, one copy of the municipal infrastructure construction department, one copy of the administration for industry and commerce in the area where the project is located, and one bank.
Construction unit
representative of A:
phone:
Bank of account:
account number:
contact address:
City Urban and Rural Construction Committee Design and Research Office
year month day
Numbering:
Survey and design unit
representative of A:
phone:
Bank of account:
account number:
contact address:
City Administration for Industry and Commerce Administration
year month day
Numbering:
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