Project number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ContractNo.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Entrusting company (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Design unit (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Producer of Beijing Urban and Rural Planning Committee, producer of Beijing Administration for Industry and Commerce.
Fill in the contract description
1. All units undertaking architectural engineering design tasks in Beijing area shall use this contract;
2. When filling in this contract, you must use block letters, with neat and clear handwriting and accurate and complete contents;
3. Appendix 3 "List of Entrust Design Projects" of this contract shall be filled in by the design unit according to the list of engineering characteristics, and attached to the contract, and both parties shall affix the contract seal and the riding seal;
4. This contract does not apply to foreign capital, Sino-foreign joint ventures and Sino-foreign cooperative design projects;
Verb (abbreviation of verb) This contract is numbered by the unified unit of Beijing Survey and Design Management Office;
6. This contract is formulated by Beijing Urban and Rural Planning Commission and supervised by Beijing Administration for Industry and Commerce. No unit may reprint it by itself.
Entrusting unit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Design unit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
In accordance with the Economic Contract Law of the People's Republic of China, the Regulations on Construction Engineering Survey and Design Contracts and the relevant regulations of Beijing, this contract is signed by both parties through consultation and shall be abided by jointly.
First project
Party A entrusts Party B to undertake the following engineering design tasks:
Project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Project address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Engineering task approval document: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (see attachment1);
Approval document of Beijing Urban Planning Administration Department: _ _ _ _ _ _ (see Annex 2);
The design stage, content, scale and project investment of this project (see Annex 3).
Article 2 Submission of design materials, design stages and design documents
The design of this project is divided into two stages: preliminary design and construction drawing design. The design progress is in accordance with the design cycle specified by the Ministry of Construction, taking into account the actual requirements of Party A for this project and the possibility of Party B, Party A and Party B agree as follows through consultation:
(1) Party A shall submit the following construction documents and design materials in written form: remarks on the contents of serial number documents or submission date of name documents.
(2) Party B shall submit the following design documents at the agreed time: serial number, design document name, number of copies, delivery date and remarks. The number of copies of design documents submitted shall be implemented according to the provisions of the State Price Bureau and the Ministry of Construction, and the excess shall be charged separately. (III) If the date of submitting the design documents cannot be determined when both parties sign the contract, when the design work can be determined, Party A and Party B may sign a stage design agreement separately as an annex to this contract.
Article 3 Design Fees and Payment Methods
(1) The design fee of this project shall be implemented according to the current national and Beijing charging standards. Party A requires the design unit to rush to provide design drawings outside the specified design period, and the design unit may charge a rush fee of not more than one third of the design fee. The specific amount shall be determined by both parties through consultation. ..
(2) For details of the design fee of this project, please refer to Appendix 3 List of Entrust Design Projects. When this contract comes into effect, Party A shall pay Party B 20% of the total estimated design fee as the contract deposit, which will be used as the project design fee after the design work is completed.
(3) When Party B submits the preliminary design documents to Party A, Party A will allocate funds to pay Party B 30% of the total design fee payable (excluding the down payment).
(4) When Party B submits the construction drawing design documents to Party A, Party A shall settle all engineering design fees to Party B according to the design budget.
(5) The design fee may be appropriately increased after the Beijing Urban and Rural Planning Commission and the relevant departments confirm the design with advanced technology to save investment, shorten the construction period or achieve remarkable economic benefits after completion. The increase in income shall be implemented according to the relevant standards of Beijing. If no specific standard is determined, it shall be agreed by both parties.
(VI) During the execution of this contract, in case of adjustment of design fees stipulated by the state, the design fees determined by Party A and Party B shall be re-approved according to the new standards and settled according to the approved design fees.
Article 4 Responsibilities of both parties
(I) Party A's responsibilities
1. Submit the relevant construction documents and design materials specified in this contract to Party B as scheduled, and ensure the quality of the submitted materials meets the engineering design requirements.
2. Pay the down payment and engineering design fee to Party B according to the agreed date and quantity.
3. Be responsible for submitting the design documents of each stage of this project to the planning and design management department for examination and approval, and notify Party B of the examination and approval results in writing.
4. When Party A requests Party B to carry out site design or send a site design representative, it shall formally send an invitation letter to Party B and be responsible for Party B's necessary working conditions. The required expenses shall be borne by Party A and are not included in the total project design expenses.
5. If the processing and ordering of the building materials and equipment of this project need the cooperation of Party B's designers, the required expenses shall be borne by Party A. ..
6. Under the condition of not increasing the total project design fee, Party A has the responsibility to assist Party B to handle the relevant procedures that should be handled by Party A in the technical contract for new technologies and new materials adopted in the project design. The technical contract can be an annex to this contract and has the same effect as this contract.
(II) Party B's responsibilities
1. Party A shall pay the design documents stipulated in this contract on time, and ensure that the quality of the design documents meets the requirements of relevant national and Beijing laws and regulations, and meets the construction and use requirements of Party A. ..
2. Be responsible for the design disclosure of the engineering design projects listed in this contract before commencement. Responsible for solving technical problems related to design in the process of project construction in time. Participate in the foundation, main structure and completion acceptance of the project as required.
Article 5 Copyright of engineering design
All design copyrights of this project belong to Party B, and Party A has the responsibility to protect them. The design modeling, design documents and related materials of this project shall not be modified, copied, described or provided to a third party, nor shall it be used for other projects that do not belong to this project.
Article 6 Liability for breach of contract
(1) When Party B's design is reworked due to Party A's changes in the plan task book, construction conditions, construction technical conditions, selected design scheme, approved preliminary design, submitted use requirements and documents, both parties need to reschedule the date of submitting documents. Party A shall pay the expenses to Party B according to the actual number of rework days, calculated at RMB per day. If the change leads to redesign, it shall be implemented in accordance with Article 7 of this contract, and the design fee payable shall be settled, the contract relationship shall be dissolved and the contract shall be re-signed. (2) If Party A fails to pay the engineering design fee within the time stipulated in Article 3 of this contract, Party A shall re-sign the contract from the day after the design fee expires.
(2) If Party A fails to pay the engineering design fee within the time stipulated in Article 3 of this contract, Party A shall pay Party B _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
(3) Due to Party A's violation of Article 5 of this contract, Party B has the right to demand Party A to pay liquidated damages, the amount of which is twice the total design fee that Party A should pay to Party B, and bear the responsibility for violating relevant government regulations and laws. (4) If Party B fails to submit the design documents within the time stipulated in this contract, Party B shall compensate Party A for the economic losses of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(VI) When Party A fails to perform the contract, Party B will not refund the deposit and pay the design fee according to the actual work done by Party B. When Party B fails to perform the contract, it shall double the deposit of Party A and return all the design fees except the received deposit.
Article 7 Entry into force, suspension and termination of contracts
(1) This contract shall be valid only after Party A and Party B affix the official seal of the legal person of the unit and sign (or seal) by the legal representative of both units or the entrusted agent authorized by the legal representative. The effective date of this contract shall be the date when the last party of Party A and Party B signs (seals). ..
(II) When Party A and Party B need to change or terminate this design contract for any reason, they shall notify each other in writing one month in advance, reach an agreement on matters not covered in this contract, and form a written agreement to be executed as an annex to this contract. This contract is still valid until an agreement is reached.
(3) If the design work needs to be stopped halfway due to Party A's reasons, the paid deposit will not be refunded; When the design workload is less than half of the corresponding design stage, Party A shall pay half of the design fee for this stage; When the design work is halfway through the design stage, Party A shall pay half of the design fee for this stage; When the design work exceeds half of the design stage, Party A shall pay all the design fees for that stage. At the same time, according to Paragraph (2) of this article, the contractual relationship between Party A and Party B is terminated. (4) This contract shall be terminated as of the date when Party B provides Party A with all the engineering design documents stipulated in this contract, and Party A pays all the design fees according to this contract, unless otherwise agreed in this contract.
Article 8 Force Majeure
During the execution of this contract, if force majeure occurs, which makes this contract unable to be performed or not fully performed, Party A and Party B can solve it through consultation, and are not bound by the relevant provisions of this contract.
Article 9 Ways of settlement of contract disputes
In case of any dispute during the performance of this contract, if both parties cannot reach an agreement through negotiation, the following option shall be adopted for settlement:
1. Apply to Beijing Urban and Rural Planning Commission for mediation;
2. Apply for arbitration to the Economic Contract Arbitration Commission of the Administration for Industry and Commerce with jurisdiction;
3, to the people's court with jurisdiction;
4. Other solutions: _ _ _ _ _ _ _ _ _ _ _
Article 10 Matters not covered and additional clauses
(1) Matters not covered in this contract shall be determined by both parties through consultation, and a written agreement shall be signed as an annex to this contract.
(II) The additional clauses of this contract are as follows:
_________________________________________________________________________ _________________________________________________________________________ ___ ______________________________________________________________________ _________________________________________________________________________ _ ____ ____________________________________________________________________ _________________________________________________________________________
Article 11 Contract Text
This contract is made in duplicate, one for each party. Party A holds one copy and Party B holds one copy.
Signing place of the Contract: _ _ _ _ _ _ _ _ _ _ District (county) of Beijing.
Construction unit: Design unit:
Legal representative of the company: _ _ _ _ _ _ _ _ Legal representative of the company: _ _ _ _ _ _ _ Legal representative of the company: _ _ _ _ _ _ _ _ Legal representative of the company: _ _ _ _ _ _ _ Legal representative of the company.
Authorized Agent: _ _ _ _ _ _ _ _ _ _ Authorized Agent: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Company address: _ _ _ _ _ _ _ _ _ _ Company address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Company Tel: _ _ _ _ _ _ _ _ _ _ Company Tel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Postal Code: _ _ _ _ _ _ _ _ Postal Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ _ Bank of deposit: _ _ _ _ _ _ _ _
Account number: _ _ _ _ _ _ _ _ _ _ _ Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Year, month, sun, moon, sun.
20 17 construction engineering design contract ii project name: _ _ _ _ _ _ _ _
Project location: _ _ _ _ _ _ _ _
ContractNo.: _ _ _ _ _ _
(Prepared and filled in by the designer)
Design certificate level: _ _ _ _ _ _
Employer: _ _ _ _ _ _ _ _ _
Designer: _ _ _ _ _ _ _
Date of signature: _ _ _ _ _ _ _
People's Republic of China (PRC) Ministry of Construction
Producer of State Administration for Industry and Commerce
March 2000
Employer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Designer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The employer entrusts the designer to undertake the _ _ _ _ _ _ _ _ _ _ _ project.
Article 1 Basis for signing this contract
1. 1 Contract Law of People's Republic of China (PRC), Construction Law of People's Republic of China (PRC), Regulations on Market Management of Construction Engineering Survey and Design.
1.2 national and local laws and regulations on survey and design management of construction projects.
1.3 construction project approval document.
Article 2 Design Basis
2. 1 Owner's power of attorney to designer or bid-winning design document
2.2 Basic data submitted by the Owner
2.3 The main technical standards adopted by the designer are: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 Priority of Contract Documents
The documents constituting this contract can be regarded as mutual interpretation. If there is any ambiguity or inconsistency in the contract documents, it shall be judged in the following priority order:
3. 1 contract
3.2 Letter of Acceptance (document)
3.3 Employer's Requirements and Power of Attorney
3.4 Bidding
Article 4 The name, scale, stage, investment and design contents of the contract project (to be filled in according to the characteristics of the industry).
________________________________________________________________________________________________________________________________________________
Article 5 Relevant information, documents and time submitted by the Employer to the Designer
____________________________________________________________________________________________________________
Article 6 The number, place and time of the design documents delivered by the designer to the Employer.
____________________________________________________________________________________________________________
Article 7 Fees
7. 1 Both parties agree that the design fee of this contract is RMB _ _ _ _ _ _. The charging basis and calculation method shall be implemented in accordance with relevant national and local regulations. Where there are no national and local regulations, it shall be agreed by both parties.
7.2 If the above fees are estimated design fees, both parties shall calculate the design fees according to the approved preliminary design budget after the preliminary design is approved. In case of budget adjustment during the project construction, the design fee should also be adjusted accordingly.
Article 8 Mode of payment
8. 1 within three days after the contract comes into effect, the employer shall pay 20% of the total design fee, with a deposit of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
8.2 Within three days after the designer submits _ _ _ _ _ design documents, the Employer shall pay 30% of the total design fee, totaling _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. After that, the Employer shall pay 50% of the total design fee to the designer in installments according to the proportion of the workload of the designer to complete the construction drawing, totaling _ _ _ _ _ _ _ _ _ _ _ _ _ _. After the construction drawing is completed, the employer shall settle the design fee without leaving any remaining payment.
8.3 Both parties entrust the bank to pay the related expenses on their behalf.
Article 9 Liability of both parties
9. 1 Employer's responsibility
9. 1 The Employer shall submit the basic data and documents to the Designer within the specified time according to the contents specified in Article 5 of this Contract, and shall be responsible for their completeness, correctness and time limit. The employer shall not require the designer to design in violation of relevant national standards.
If the Employer submits the above-mentioned materials and documents within the specified time limit 15 days, the designer shall postpone the delivery time of the design documents according to Article 6 of this contract; When the above data and documents are delivered by the Employer for more than 15 days, the designer has the right to re-determine the time for submitting the design documents.
9. 1.2 If the Employer changes the entrusted design project, scale and conditions, or the submitted materials are wrong, or the submitted materials are greatly modified, resulting in the designer's design rework, the Employer shall pay the designer the rework fee according to the workload consumed by the designer, unless both parties sign a supplementary agreement (or another contract) through consultation, and specify the relevant terms.
Before signing the contract, the employer has agreed that the designer should pay the corresponding design fee for all the design work he has done for the employer.
9. 1.3 During the performance of the contract, if the employer requests to terminate or terminate the contract and the designer fails to start the design work, the deposit paid by the employer will not be refunded; If the design work has already started, the Employer shall pay half of the design fee for this stage according to the actual workload completed by the designer. More than half of them will be paid in full according to the design fee at this stage.
9. 1.4 The Employer must pay the down payment as stipulated in the contract, and receive the down payment as a sign for the designer to start the design. If the deposit is not received, the designer has the right to postpone the start time of design work and the delivery time of documents.
9. 1.5 The Employer shall pay the designer the design fee according to the amount and date stipulated in this contract. For each day of overdue payment, it shall bear two thousandths of the overdue penalty, and the time for the designer to submit the design documents shall be postponed. If the delay exceeds 30 days, the designer has the right to suspend the next stage of work and notify the employer in writing. If the design documents are not approved by the employer's superior or the design examination and approval department, or the contract project is suspended, the employer shall pay the design fee payable.
9. 1.6 When the employer requires the designer to deliver the design documents in advance, it shall obtain the consent of the designer and shall not seriously deviate from the reasonable design cycle, and the employer shall pay overtime.
9. 1.7 The Employer shall provide the designers stationed at the site with convenient working, living and transportation facilities and necessary labor protection equipment.
9. 1.8 The national standard drawings, departmental standard drawings and real estate standard drawings selected in the design documents shall be solved by the employer.
9. 1.9 bear the reception expenses (including fax, telephone, photocopying, office work, etc. ) for foreign experts of this project to work in the office of the designer.
9.2 Designer's Responsibility
9.2. 1 The designer shall design according to the technical specifications and standards stipulated by the state and the contract, and deliver the design documents (9.1.1.2,9.1.4,9.65438).
Except for the delay in delivery of design documents). And be responsible for the quality of the submitted design documents.
9.2.2 The designed reasonable service life is _ _ _ _ _ _ _ years.
9.2.3 Be responsible for reviewing the design data of foreign investors, and be responsible for the design liaison of contract projects.
9.2.4 The designer is responsible for modifying or supplementing the omissions or errors in the design documents. In case of engineering quality accident losses caused by the designer's design mistakes, the designer shall not only take remedial measures, but also exempt the design fee for the lost part, and pay compensation to the employer according to the degree of losses, with the compensation amount being _ _ _ _ _ _% of the actual losses agreed by both parties.
9.2.5 If the delivery time of design documents is delayed due to the designer's reasons, two thousandths of the design fee payable for this project shall be reduced for each day of delay.
9.2.6 After the contract comes into effect, if the designer requests to terminate or terminate the contract, the designer shall double the deposit paid by the employer.
9.2.7 After the delivery of the design documents, the designer shall participate in the design review of the relevant superiors as required, and be responsible for making necessary adjustments and supplements to the contents within the original scope according to the review conclusions. The designer shall deliver the design documents within one year as stipulated in the contract.
Start construction, be responsible for the design disclosure to the owner and the construction unit, deal with related design problems, and participate in the completion acceptance. If the project does not start within one year, the designer will still be responsible for the above work, and can charge the client a consulting service fee according to the required workload, and the amount of the fee will be agreed by both parties.
Article 10 Confidentiality
Both parties shall protect each other's intellectual property rights. Without the consent of the other party, neither party may modify, copy or transfer the other party's data and documents to a third party or use them for projects other than the contract. In case of the above situation, the disclosing party shall bear all the consequences arising therefrom and be liable for compensation.
Article 1 1 Arbitration
Disputes arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, the following option _ _ _ _ _ _ shall be adopted:
(a) submitted to the _ _ _ _ Arbitration Commission for arbitration;
(two) to the people's court according to law.
Article 12, Contract Entry into Force and Others
12. 1 When the employer requires the designer to send special personnel to the construction site for a long time to help solve related problems, both parties shall sign a technical consulting service contract separately.
12.2 the designer shall serve this contract project until the end of construction and installation.
12.3 in this project, the designer shall not designate the manufacturer or supplier of building materials and equipment. When the Employer needs the designer's cooperation in processing and ordering building materials and equipment, the required expenses shall be borne by the Employer.
12.4 the developer entrusts the designer to cooperate with the design task of the imported project, and designers who undertake relevant design tasks should participate in all stages from inquiry, foreign negotiation, technical inspection at home and abroad to completion and production. The expenses for going abroad shall be paid by the employer, except the manufacturing and assembly expenses.
12.5 the employer entrusts the designer to undertake the work services beyond the contents of this contract, sign another agreement and pay the fees.
12.6 if the contract cannot be performed due to force majeure, both parties shall settle it through negotiation in time.
12.7 this contract shall come into effect as of the date of signature and seal by both parties, and the time is _ _ _ _ _ _ _ _ _ _ _ _.
12.8 after this contract comes into effect, it shall be filed with the examination department designated by the provincial construction administrative department where the project is located; When both parties consider it necessary, they should go to the administrative department for industry and commerce for verification. This contract shall be terminated after both parties have fulfilled their obligations stipulated in the contract.
12.9 fax, telegram, meeting minutes, etc. The mutual recognition is an integral part of this contract and has the same legal effect as this contract.
12. 10 for matters not covered, both parties shall sign a supplementary agreement through negotiation, and the supplementary agreement shall have the same effect as this contract. Name of Employer: Name of Designer:
(Seal) (Seal)
Legal representative: (signature) Legal representative: (signature)
Authorized Agent: (signature) Authorized Agent: (signature)
Project manager: (signature) Project manager: (signature)
Domicile: domicile:
Postal code:
Tel: Tel:
Fax: Fax:
Bank of deposit: Bank of deposit:
Bank account number: Bank account number:
Construction administrative departments for the record; Verification opinion:
(Seal) (Seal)
Record number: Handler:
Date of application: Year Month Day Verification date: Year Month Day.
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