Standard contract for design work in construction. Contract agreement for the development of design and working documentation

Hereinafter referred to as Executor, in the face General Director Davydova E.S., acting on the basis of the Charter, on the one hand, and _____________________ , represented by ___________________________ . , hereinafter referred to as Customer, on the other hand, have entered into this Agreement as follows:

1. Subject of the agreement.

1.1 The Customer instructs and the Contractor assumes the obligation to develop project documentation based on the Customer’s assignment to carry out design work on the internal engineering networks of the premises with total area _________, hereinafter referred to as An object, located by the address: ________________________________-

1.2. The Customer instructs, and the Contractor undertakes, the development of design documentation for the following sections: ventilation and air conditioning.

1.3. The design documentation, which is the subject of the contract, must be completed in the following sections: explanatory note, drawings, isometric diagrams, specifications systems and equipment specifications.

Price, procedure and terms of mutual settlements between the parties.

2.1. The total cost of work under this Agreement will be _______________________ , including VAT 18% in the amount____________________________________

2.2. Payment under this Agreement is made by the Customer in the following order

2.2.1 Within 3 days from the date of signing this Agreement, the Customer pays an advance in the amount of___________________________, including VAT 18% in the amount_________________________________________________-

2.3. The date of payment is the day the funds are received into the Contractor's bank account.

2.4. Payment for the Agreement in accordance with the terms of paragraphs. 4.1., 4.2, is carried out according to invoices issued by the Contractor.

3. Duration of the Agreement

3.1. This Agreement comes into force from the moment it is signed by the parties and is valid until full implementation obligations assumed.

3.2. The period for execution of work under this Agreement is 5 (five) working days from the date of receipt of funds to the Contractor’s bank account.

4. Procedure for delivery and acceptance of work.

4.1. Scientific and technical products (project documentation) are sent to the Customer as soon as they are ready, but no later than the deadlines specified in clauses 3.1, 3.2 with the accompanying document from the Contractor.

4.2. Upon completion of the work, the Contractor provides the Customer with a Certificate of Acceptance of Scientific and Technical Products.

4.3. Based on the results of reviewing the documentation, the Customer signs the Product Acceptance Certificate or sends a reasoned refusal to accept it.

4.4.After the 5-day period, the work is considered accepted in full and proper quality, if the Customer did not provide a reasoned refusal to sign the acceptance certificate for the work performed.

Special conditions.

5.1. Coordination of project documentation with the relevant authorities state supervision and interested organizations is carried out by the Customer. Payment of invoices of coordinating organizations is carried out by the Customer.

5.2. The Contractor undertakes to correct the work in a timely manner and at his own expense based on justified comments from the Customer, approving and/or expert bodies. Within 5 (five) working days from the date of submission of comments.

Responsibility of the parties.

6.1.All disputes and disagreements that may arise under this Agreement or in connection with its execution. Subject to resolution by negotiations between the parties.

6.2. If it is impossible to resolve disputes, they are referred to the Moscow Arbitration Court for consideration.

7. Force majeure.

7.1. Neither party will be liable for complete or partial failure to fulfill any of its obligations if such failure is a consequence of force majeure circumstances, such as flood, fire, earthquake or other natural disasters, war or hostilities, or binding force for at least one of the parties on decisions or orders of the government (government bodies) that arose after the conclusion of the Agreement.

7.2.If it is impossible to fulfill your obligations for the above reasons within 3 (Three) months. The contract can be terminated by agreement of the parties with a refund Money depending on payments made and work performed.

8. Other conditions.

8.1. All changes and additions to this Agreement are valid only if they are made in writing and signed by the contracting parties.

8.2.The rights and obligations of the parties under this Agreement may be transferred by their written consent to third parties. Neither party has the right to transfer to third parties the execution of their rights and obligations under this Agreement without prior written consent to this by the other party, unless otherwise provided by the terms of this Agreement.

8.3. This Agreement is signed in two copies, one copy for each party, and both copies have equal legal force.

8.4 Attached to this agreement:

8.4.1 Appendix No. 1 " Technical task for design"

9. DETAILS AND SIGNATURES

Contract No.

for the development of project documentation

LLC "Ivanov", hereinafter referred to as the “Customer”, represented by Director Ivanov I.I., acting on the basis of the Charter, on the one hand, andLLC "Petrov-Project" (NP SRO "Interregional Association of Designers"; SRO certificate No. ________ dated _____ 2012), hereinafter referred to as the “Contractor”, represented by Director P.P. Petrov, acting on the basis of the Charter, on the other hand (collectively referred to as the Parties), have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The Customer instructs, and the Contractor assumes obligations to perform a range of works and services for the development and approval of Design and Working Documentation for the facility:Automated steam and hot water boiler house with emergency fuel supply (hereinafter referred to as Work or Documentation).

1.2. Documentation is developed by the Contractor based on:

- Tasks for the design of the facility, which is Appendix No. 1 to this agreement;

- Initial data for design provided by the Customer in accordance with Section 9 of Appendix No. 1 to this agreement;

- The results of engineering surveys provided by the Customer in accordance with Section 10 of Appendix No. 1 to this agreement.

1.3. Initial data for design and Results of engineering surveys in accordance with Appendix No. 1 to this agreement must be provided by the Customer within 30 and 45 days according to the moment of conclusion of this agreement.

1.4. The work performed under this agreement must comply with the requirements of regulatory documents, the Urban Planning Code of the Russian Federation, Decree of the Government of the Russian Federation No. 87 of February 16, 2008, Order of the Ministry of Regional Development of the Russian Federation No. 108 of April 2, 2009, and other applicable regulations Russian Federation, in terms of the composition, content and execution of the Construction Design Documentation, as well as the Assignment for the design of the facility, which is Appendix No. 1 to this agreement.

1.5. The Contractor undertakes, with the assistance of the Customer, to organize and provide full support for the State Examination of design and estimate documentation with the subsequent obligatory receipt of a positive Conclusion.

2. Rights and Obligations of the parties

2.1. The customer undertakes:

2.1.1. Timely accept and pay for the Work performed in accordance with this agreement.

2.1.2. Provide the Contractor with the documents and information necessary to perform the Work under this contract, and also be responsible for their completeness and accuracy.

2.1.3. Within the time limits established by the Contract, review, agree, approve and accept materials and documents submitted by the Contractor relating to the subject of this contract.

2.1.4. In case of untimely receipt of the initial data by the Customer, he is obliged to provide a copy of each received document to the Contractor within two working days after its receipt in the manner prescribed by clause 1.2 of this agreement. If the requirements of the documents do not correspond to the design solutions developed by the Contractor, jointly determine the volume and timing of work to adjust the Documentation by making additions to this contract, and also pay for the work performed.

2.1.5. If it is necessary to revise or adjust the Documentation, on your own initiative, together with the Contractor, determine the volume and cost of the specified Work and establish the deadlines for their implementation and payment in the relevant Supplementary Agreement.

2.1.6. Provide assistance to the Contractor in performing the Work to the extent and under the conditions provided for in the Contract.

2.1.7. Use the Documentation completed under the Contract only for the purposes provided for in this contract, do not transfer it to third parties and do not disclose the data contained in it without the consent of the Contractor.

2.2. The Contractor undertakes:

2.2.1. Fulfill assumed obligations in accordance with the terms of this agreement, the Assignment for the design of the facility (Appendix No. 1), initial data, results of engineering surveys and permitting documents.

2.2.2. Within 5 (five) working days from the date of receipt of each initial or permitting document, inform the Customer in writing if there are any discrepancies between the requirements or conditions of this document with the design solutions adopted by the Parties and developed by the Contractor. If there are such discrepancies, the document is considered not transferred by the Customer with consequences in accordance with the terms of this agreement.

2.2.3. Deliver the finished Work to the Customer in accordance with the terms of this agreement.

2.2.4. Make corrections and supplement the Work based on the Customer’s written reasonable comments at his own expense, if errors were made through the Contractor’s fault and the Customer’s comments do not contradict the terms of this agreement. The deadlines for making changes and additions specified in this paragraph are established by the Parties for each specific case separately, depending on the volume and nature of the corrections and additions. If the Customer's instructions go beyond the scope of this agreement, the Parties sign an Additional Agreement to this agreement, which determines the scope of the required additional Work, deadlines and payment terms.

2.2.5. Upon completion of the Work and/or each stage, in accordance with the terms of this agreement, submit to the Customer for consideration the result of the Work, as well as the Acceptance Certificate of the completed work in the manner and under the terms of this agreement.

2.2.6. Within the time limits additionally determined by the Parties, at their own expense, eliminate deficiencies and supplement the Documentation based on the comments of the approving organizations, if the latter are the result of an error or deficiency of the Contractor.

2.2.7. Make corrections based on the comments of the Customer or authorized government bodies at your own expense if errors were made through the fault of the Contractor.

2.2.8. Do not transfer the Documentation completed under this agreement to third parties without the consent of the Customer.

2.2.9. Inform the Customer, upon his request, about the state of affairs regarding the implementation of this agreement.

2.2.10. IN in writing promptly inform the Customer about circumstances that prevent the Contractor from fulfilling its contractual obligations.

2.2.11. The Contractor, at its discretion, involves third parties to perform the Work and/or parts thereof, concluding appropriate subcontracts with them. In this case, the Contractor is responsible to the Customer for the quality of the Work and the choice of subcontractor.

2.3. The parties agree that making any changes to the Documentation, as well as other documents (initial data, engineering survey results) is possible only with prior approval from the Customer's chief engineer.

3. Procedure and deadlines for completing work

3.1. Contractor begins to execute this agreement from the moment of its conclusion unless otherwise provided by the terms of this agreement.

3.2. Pre-design surveys are carried out by the Contractor within 30 (thirty) days

3.3. Initial design data developed by the Contractor, in accordance with Section 11 of Appendix No. 1 to this contract, must be provided to the Customer within 30 (thirty) days from the moment of conclusion of this agreement. The customer undertakes within 10 (ten) days review the specified initial data, approve or send comments to the Contractor.

3.4. Development of design and working documentation must be completed within 110 (one hundred and ten) days from the moment of conclusion of this agreement.

3.5. The Contractor transfers to the Customer the completed and properly executed Work in the amount of 3 (three) copies in the manner and under the terms of this agreement. Additionally, the Contractor provides the Customer with 1 (one) copy of in electronic format in format PDF.

3.6. The deadline for passing the state examination of project documentation is established within 60 (sixty) days from the moment the Customer agrees on the design and estimate documentation and the readiness of the entire set of documents required for the state examination, in accordance with Section 33 of Appendix No. 1 to this agreement.

3.7. The Contractor undertakes to coordinate sections of the project with the authorized services of the Customer before conducting a state examination.

3.8. The Contractor undertakes to carry out the necessary approvals of project documentation with authorized government agencies and organs local government.

3.9. The Contractor undertakes, with the assistance of the Customer, to organize and provide full support for the State Examination of design and estimate documentation with the subsequent receipt of a positive Conclusion. In case of receiving a negative conclusion from the State Expertise, the Contractor undertakes to eliminate the comments, if these comments relate to the performance of the Contractor’s duties under this agreement, and submit documents for the re-conduct of the State Expertise within 15 (fifteen) working days.

3.10. The services of authorized state bodies and local governments for project approval, as well as the cost of state examination of design and estimate documentation, are paid by the Customer.

3.11. The duration of the Work does not include the time spent on coordination of the Documentation by the Contractor with the Customer’s services, authorized state bodies and local government bodies.

3.12. If the Customer fails to comply with the established deadlines:

Providing initial data and engineering survey results;

Acceptance of Work (timely signing of the Acceptance Certificate or providing a reasoned objection to its signing);

Readiness of the documents required for the state examination, in accordance with clause 9, clause 10, clause 33 of the Design Assignment, which is Appendix No. 1 to this agreement;

Payment for completed stages of Work;

The deadlines for completing the Work under this agreement are postponed accordingly for the period of delay in the Customer’s fulfillment of its obligations under this agreement with written notice The customer about the reasons and timing of the extension of the contract and/or its individual stages.

3.13. When performing Work in several stages, the start date for the Work at the first stage is the day of receipt of the advance payment, and the start date for Work at the next stage is the day of payment for the Work at the previous stage, unless otherwise provided by agreement of the parties.

3.14. Acceptance of the Work and/or its stages is confirmed by the Customer signing the Acceptance Certificate in the following order:

3.14.1. Review of the results of the Work and/or its stages presented by the Contractor is carried out by the Customer within 10 (ten) working days from the moment of receipt of the Work package.

3.14.2. Within the above-mentioned period, the Customer is obliged to sign the Certificate of Acceptance of Work Completed and send one copy to the Contractor or provide him with a reasoned refusal to accept the Work and/or its stages.

3.14.3. In the event of the Customer’s refusal to accept the Work, the Parties, within 2 working days from the date the Contractor receives a reasoned refusal, draw up a Report with a list of deficiencies, necessary improvements and deadlines for their implementation. To make improvements and correct existing deficiencies, the Parties set a deadline for each specific case, depending on the volume and nature of the improvements and corrections.

3.14.4. Within five working days after receiving the signed Acceptance Certificate, the Contractor provides the Customer with the remaining sets of Design Documentation.

3.14.5. After the expiration of the period specified in clause 3.14.1, in the absence of a reasoned refusal, the Work is considered accepted by the Customer and subject to payment on the basis of a unilateral Acceptance Certificate.

3.15. The basis for refusal to accept the Work is the Work’s non-compliance with the requirements and conditions of this agreement.

4. Cost of work and payment procedure

4.1. The cost of the design work provided for in this agreement is established by the Parties on the basis of the Estimate for design work, which is Appendix No. 2 to this agreement.

4.2. As agreed by the parties, the cost of the Work under this contract is _____ rubles, VAT is not provided.

4.3. The cost of work under this agreement is not subject to value added tax (VAT) due to the Contractor's use of a simplified taxation system based on clause 2 of Art. 346.11 chapter 26.2 part 2 of the Tax Code of the Russian Federation.

4.4. Payment under this agreement provides for an advance in the amount of _______ rubles.

4.5. Upon approval by the Customer of the initial design data developed by the Contractor, in accordance with Section 11 of Appendix No. 1 to this agreement, the Customer undertakes to pay the Contractor __________ rubles.

4.6. Upon signing by the Customer of the Acceptance Certificate for the developed design and working documentation The Customer undertakes to pay the Contractor _________ rubles.

4.7. The remaining amount is ___________ rubles The Customer pays the Contractor within 10 days from the date of receipt of a positive conclusion from the State Expertise of the design documentation.

4.8. The date of payment is the date of receipt of funds into the Contractor's bank account.

5. Responsibility of the parties

5.1. For violation of obligations assumed under this agreement, the Parties are liable in accordance with the legislation of the Russian Federation.

5.2. The Contractor is not responsible for failure to fulfill obligations under this agreement if it is caused by the action or inaction of the Customer, which resulted in its failure to fulfill its own obligations under this agreement to the Contractor.

5.3. If the Customer violates the terms of payment for the Work (at the relevant stage), he shall pay the Contractor a penalty in the amount of 0.03% of the amount of the debt for each day of delay in payment, but not more than 10% of the amount of this agreement.

5.4. In case of delay in payment for completed Work (part and/or Stage), delay in providing initial and/or permitting documentation for more than 14 (fourteen) banking days, the Contractor has the right to suspend the execution of Work at all stages of the design stages until the relevant Agreement is signed further conditions and timing of the Work.

5.6. If the Contractor violates the deadlines for delivery of the Work and/or its stage through the Contractor’s fault, established by this agreement, the Contractor shall pay the Customer a penalty in the amount of 0.03% of the cost of the untimely delivery of the work stage for each day of delay, but not more than 10% of the amount of this agreement.

5.7. Payment of penalties does not relieve the Parties from fulfilling their obligations in kind. Voluntary recognition of penalties is their receipt to the account of the Party that submitted a written demand and justification for their collection.

5.8. The Parties may be released from liability in the event of force majeure circumstances and in other cases that arose regardless of the will of the Parties, if the party could not be expected to take these circumstances into account when concluding the contract, or to avoid or overcome these circumstances or consequences.

Cases of force majeure are considered, in particular, next events: flood, earthquake, fire other natural disasters, war, military actions, acts of government and management authorities affecting the fulfillment of obligations.

Evidence of the existence of the above circumstances and their duration are certificates issued by authorized organizations in accordance with the current legislation of the Russian Federation. The party affected by force majeure must immediately notify the other party by telegram or letter, incl. by e-mail or fax about the type and possible duration of force majeure, as well as other circumstances preventing the fulfillment of contractual obligations. If the occurrence of the above-mentioned circumstances is not notified in a timely manner, the party affected by force majeure does not have the right to rely on it, except in the case where the force majeure circumstance prevents the sending of such a message on time.

5.9. During the period of force majeure and other circumstances excluding liability, the obligations of the parties are suspended. If the circumstances within the meaning of this article last more than 60 (sixty) calendar days, The parties must decide the fate of this agreement. If an agreement is not reached, then the party affected by force majeure has the right to terminate the contract unilaterally after written notification (letter, telegram, fax, e-mail) of this to the other party 10 (ten) calendar days before termination. At the same time, the Contractor is obliged, within the same period, to return all payments previously received by him and not confirmed by the completion of the Work to the Customer’s bank account.

6. Relationships between the parties.

Procedure for changing and terminating the contract

6.1. All changes and additions under this agreement are formalized by the Additional Agreement in accordance with the current legislation of the Russian Federation, unless otherwise follows from the terms of this agreement.

6.2. The parties, at their own discretion and by mutual agreement, have the right to amend or terminate this agreement. Changes to the terms of this agreement and its termination are made in writing in the form of an Additional Agreement or Agreement signed by the Parties or their authorized representatives.

6.3. At the request of the Customer, this agreement may be terminated unilaterally ahead of schedule in the event that the Contractor has materially violated the terms of this agreement regarding the timely delivery of the Work/its individual stages (more than one month) through his own fault.

6.4. At the request of the Contractor, this agreement can be terminated early unilaterally in cases where the Customer has not fulfilled the obligation to pay the advance on time or has not paid the advance in full (delay in payment by more than 3 months), or has not submitted the initial permitting documentation (delay of more than 3 months).

In these cases, the Contractor/Customer warns the party in writing about such violations with a request to eliminate them within a reasonable time or informs about the termination of this agreement 30 days before its termination.

6.5. In the event of termination of the Work or its suspension under this agreement (at the initiative of the Customer, by agreement of the parties, under other conditions provided for by this agreement and current legislation), the Customer is obliged to accept from the Contractor under the Acceptance Certificate the Work to the extent in which it was completed at the time of termination of this agreement and pay its cost, determined by the Contractor, based on the volume of Work actually completed, the terms and price of this agreement, and advance payments made by the Customer. Payment by the Customer and transfer of unfinished Work by the Contractor is made in the manner established by this agreement. Unfinished work is transferred by the Contractor in 1 copy on paper.

6.6. This agreement has been drawn up in two copies having equal legal force, one for each Party.

6.7. All notices, communications, claims sent by one of the Parties in connection with this agreement must be made in writing and will be considered properly transmitted if they:

Delivered in person;

Sent by registered mail with return receipt requested.

In urgent cases, the Parties have the right to send each other the necessary notifications, claims and communications e-mail and/or by fax. Decisions made at joint production meetings and reflected in the relevant Protocols signed by the Parties are binding on the Parties. Decisions made following the meetings that go beyond the scope of contractual obligations are subject to subsequent formalization in the form of relevant Additional Agreements.

6.8. The Parties take measures to directly resolve disputes arising during the execution, modification or termination of this agreement through direct negotiations between authorized representatives of the Parties.

6.9. When negotiating through correspondence on the terms of this agreement (including claims), as well as for resolving issues raised as part of the fulfillment of obligations under this agreement, agreeing on the terms of annexes and agreements to this agreement, the Parties set a period for their consideration of no more than 7 -and (seven) working days. If controversial issues arise and the Parties fail to reach agreement, the dispute is referred to the arbitration court at the Chamber of Commerce and Industry of the Samamara Region.

7. Special conditions

7.1. The Customer receives the right to use the Documentation developed under this agreement only after full settlements with the Contractor have been made.

7.2. Copyright to the Documentation developed under this contract belongs to the Contractor and its use by the Customer as a basis for developing Documentation for other construction projects must in all cases be agreed upon with the Contractor.

7.3. The Contractor must be fully indicated in any publications, printed publications, or photographic materials undertaken by the Customer on the object reflected in the subject of this contract. In the event that further design is carried out using materials developed by the Contractor under this agreement by other design organizations, the Customer is obliged to engage the Contractor to provide authorship support.

7.4. A Party has the right to transfer its rights and obligations under this Agreement only with the written consent of the other Party.

7.5. All negotiations and correspondence, commercial offers preceding the signing of this agreement are considered invalid if they differ from this agreement.

7.6. If one of the articles of this agreement becomes invalid, this cannot serve as a basis for suspending the validity of the remaining articles. In this case, the Parties to this agreement are obliged to timely agree on the introduction of new provisions into the text of this agreement to replace the invalid ones.

7.7. The Parties confirm and guarantee that this agreement was signed by authorized representatives of the Parties and the conclusion of this agreement and the fulfillment of its terms does not contradict the provisions constituent documents Parties, internal documents of the Company, do not violate any regulations and/or other regulatory documents of authorities and legislation of the Russian Federation.

7.8. The Parties are obliged to immediately notify each other about all changes in payment and postal details, changes in legal address. Actions performed at old addresses and accounts, completed before receipt of notifications of their changes, are counted towards the fulfillment of obligations in a proper manner.

for the implementation of design work and the provision of technical support services for the approval of project documentation in the person acting on the basis, hereinafter referred to as “ Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Contractor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor assumes the obligation to, using its own and (or) external forces, within the time period established by the Contract, carry out a set of design works for the development of design documentation, as well as provide technical support services for the approval of design documentation developed by the Contractor and submitted by the Customer, in in the prescribed manner for the Customer to carry out work on major renovation non-residential building used by the Customer for legally and located at the address: (hereinafter referred to as the Object). Full list design work and services performed by the Contractor under this agreement are specified in Appendix No. 1 to this agreement.

1.2. Technical, economic and other requirements for the design and technical documentation that is the subject of this Agreement must comply with the requirements of SNiP and other current regulations of the Russian Federation regarding the composition, content and execution of design and technical documentation for the Facility.

1.3. To execute this agreement, the Customer transfers to the Contractor the necessary source documentation: BTI documents for the building and other source documentation specified in Appendix No. 3 to this agreement. The design documentation, which is the subject of the Contract, is developed on the basis of the Customer's Initial documentation.

1.4. The result of the work performed by the Contractor is: duly agreed upon following design and technical documentation: .

1.6. The Contractor begins to perform work under this agreement from the date of receipt of funds in the Contractor's bank account in the amount of the first advance payment specified in Appendix No. 2 to this agreement, which is the date of commencement of work under the agreement.

1.7. If the Customer, within working days from the date of signing of this agreement by both parties, does not transfer funds to the Contractor's bank account in the amount of the first advance payment specified in Appendix No. 2 to this agreement, the relationship of the Parties under the agreement does not arise and its validity terminates, this agreement is considered terminated by the parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes:

2.1.1. No later than business days after the conclusion of this agreement, provide the Contractor with the initial documentation for the facility specified in clause 1.3 of this agreement.

2.1.2. Promptly accept and pay for work performed in accordance with this Agreement.

2.1.3. Carry out other duties provided for in Article 762 of the Civil Code of the Russian Federation.

2.1.4. The Customer has the right to carry out ongoing monitoring of the Contractor’s work on the implementation of this agreement.

2.3. The Contractor undertakes:

2.3.1. Timely, professionally and properly fulfill your obligations in accordance with the terms of this Agreement.

2.3.2. Present to the Customer the design and technical documentation to the extent and within the terms established by this Agreement.

2.3.3. Follow the Customer’s instructions provided in writing, including making changes and additions to the design documentation, if they do not contradict the terms of this Agreement, current legislation and regulatory documents Russian Federation.

2.3.4. Do not make changes to the design and technical documentation without prior written approval from the Customer that affect: the total cost, architectural and planning solutions of the facility;

2.3.5. Regularly inform the Customer, upon his request, about the stage of execution of this Agreement.

2.3.6. In the shortest possible time and at your own expense, eliminate deficiencies and supplement the design and technical documentation upon receipt from the Customer of a written complaint (comments) regarding the quality, completeness of the documentation developed by the Contractor, or its non-compliance with the terms of this Agreement.

2.3.7. Coordinate finished design and technical documentation with the Customer.

2.3.8. Ensure that all documentation received during the execution of the Contract is addressed to the Customer and organize the transfer of documents to him, as well as return to the Customer in the event of termination of this Agreement all documentation previously received from the Customer and for him under the Acceptance Certificate no later than business days before the date of termination Agreement.

3. PRICE OF WORK AND PAYMENT PROCEDURE

3.1. The total cost of the Work performed under this agreement is approved by the parties on the terms of the mutual agreement (is negotiable) and amounts to rubles, including VAT (18%) rubles.

3.2. Payment under this Agreement is made by the Customer transferring funds in rubles to the Contractor’s bank account based on the latter’s invoice for payment as follows:

3.2.1. An amount in the amount of rubles, including VAT (18%) rubles, is transferred by the Customer to the Contractor's bank account as an advance payment within banking days from the date of signing this Agreement.

3.2.2. An amount in the amount of rubles, including VAT (18%) rubles, is transferred by the Customer to the Contractor's bank account by bank transfer within banking days from the date the Contractor provides the Customer with the following documentation: .

3.2.3. An amount in the amount of rubles, including VAT (18%) rubles, is transferred by the Customer to the Contractor's bank account by bank transfer within banking days from the date the Contractor provides the Customer with the following documentation: .

3.2.4. The final payment for work performed under the contract, in the amount specified in Appendix No. 2 to this contract, and the component of rubles, including VAT (18%) rubles, is made by the Customer within banking days after the Contractor submits to the Customer the duly executed documents specified in clause 1.4 of this agreement and the signing by the Parties of the acceptance certificate of work under the agreement.

3.3. Payment of invoices, fees, duties and other payments issued by interested coordinating organizations and institutions of the city and the Russian Federation in the name of the Customer for the provision of services of coordinating organizations, execution of conclusions, approvals, and other permitting documentation is not included in the cost of the Contractor’s work under this agreement. The amounts of these payments are approximately indicated in Appendices No. 1, No. 2 to this agreement.

3.4. If in the process of performing work under this Agreement the need arises to perform additional work, the parties, on the terms of a mutual agreement, determine the cost and procedure for their implementation, which is reflected in the form of an additional agreement to this Agreement.

3.5. The date of fulfillment of the Customer’s obligation to pay is considered the date of receipt of non-cash funds from the Customer’s account to the Contractor’s account.

4. DEADLINES, PROCEDURE FOR DELIVERY AND ACCEPTANCE OF PRODUCTS

4.1. The total period for performing work under the contract is determined by the parties and is calendar months from the date of commencement of work specified in clause 1.6 of this contract. The agreed design and technical documentation must be transferred to the Customer not late its transfer, the period established in this Agreement under the Documentation Acceptance Certificate (Acceptance Certificate of Work Completed), signed by the Parties.

4.2. The Contractor is considered to have properly executed this Agreement only after the Customer has accepted (approved) the design and technical documentation in full as provided for in this Agreement.

4.3. The Customer, no later than business days from the date of receipt of the documentation specified in clause 1.4 of this contract, signs the Work Acceptance Certificate under the contract or sends the Contractor a written reasoned refusal to accept the work.

4.5. The Contractor will eliminate the comments in accordance with the written refusal to accept the work received from the Customer within the period agreed upon by the Parties, which cannot exceed working days.

4.6. From the moment of signing the Acceptance Certificate, all exclusive rights to use the produced design and technical documentation and the results of work are transferred to the Customer to the extent of the powers established in Chapter. 69-70 Civil Code of the Russian Federation.

5. RESPONSIBILITY OF THE PARTIES

5.1. The parties are responsible for failure to fulfill or improper fulfillment of their obligations under this agreement in accordance with the current legislation of the Russian Federation.

5.2. The Contractor is responsible for shortcomings in design and technical documentation, including those discovered during its implementation. If deficiencies are discovered, the Contractor is obliged to eliminate them free of charge.

5.3. If the Customer violates the terms of payment for the developed documentation, the Contractor has the right to demand, and the Customer, if the specified demand is received, is obliged to pay the Contractor a penalty in the amount of % of the amount of the debt for each day of delay in payment, but not more than % of the amount of the debt.

5.4. If the Contractor violates the deadline for submitting the developed documentation, the Customer may demand, and the Contractor, if the specified requirement is received, pays the Customer a penalty in the amount of % of the cost of the corresponding stage of work specified in Appendix No. 2 to this agreement, for each day of delay, but not more than % of the price actual agreement.

5.5. All disputes under this Agreement are considered in the Arbitration Court.

6. CIRCUMSTANCES OF FORCE MAJEURE (FORCE MAJEURE)

6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations assumed under this agreement if proper fulfillment turned out to be impossible due to the occurrence of force majeure circumstances.

6.2. The concept of force majeure circumstances covers external and extraordinary events that were absent at the time of signing this agreement and occurred against the will and desire of the Parties, the actions of which the Parties could not prevent by measures and means that are justifiably and expediently expected from a Party acting in good faith. Such circumstances of the Parties include: military actions, epidemics, fires, natural disasters, acts and actions of government bodies that make it impossible to fulfill obligations under this agreement in accordance with the law.

6.3. The Party to this Agreement affected by force majeure circumstances must immediately notify the other Party by telegram or fax of the occurrence, type and possible duration of force majeure circumstances preventing the fulfillment of contractual obligations. If the above-mentioned events are not notified in a timely manner, the Party affected by the force majeure event cannot rely on it as a basis for exemption from liability.

6.4. During the period of force majeure circumstances that relieve the Parties from liability, the fulfillment of obligations is suspended, and sanctions for failure to fulfill contractual obligations are not applied.

6.5. The occurrence of force majeure circumstances, provided that established measures have been taken to notify the other Parties, extends the period for fulfilling contractual obligations for a period corresponding in duration to the duration of the circumstances and a reasonable period for eliminating their consequences.

6.6. If force majeure continues for more than months, the Parties must agree on the fate of this agreement. If an agreement is not reached by the Parties, either Party has the right to unilaterally terminate this agreement by sending a corresponding notice to the other Party by registered mail.

7. CHANGE AND TERMINATION OF THE AGREEMENT, OTHER CONDITIONS

7.1. This Agreement comes into force on the date of its signing by the Parties and is valid until the date the Parties fully fulfill their obligations.

7.2. This Agreement can be amended and/or supplemented only on the basis of mutual agreement of the Parties; all changes and additions to this Agreement are valid only if they are in writing and signed by the Parties.

7.3. This Agreement may be terminated by written agreement of the Parties. Termination of the Agreement does not relieve the Parties from fulfilling obligations that arose during its validity.

7.4. The Customer has the right to unilaterally, out of court, refuse to fulfill the Agreement and terminate this Agreement in the following cases:

delays by the Contractor in starting work for more than days for reasons beyond the control of the Customer;
violation by the Contractor of the deadline for completing the work (including the deadlines established by the Schedule for the release of project documentation) for more than days;
delays by the Contractor in the transfer of completed design and technical documentation for a period of more than days for reasons beyond the control of the Customer;
cancellation of a license, other acts of government bodies within the framework of current legislation, depriving the Contractor of the right to carry out work.

7.5. If the Customer fails to fulfill its obligations under this Agreement on time, and this leads to a delay in the completion of the work, then the Contractor has the right to extend the deadline for the completion of the work for the appropriate period. If the Contractor has any additional expenses caused by non-fulfillment or improper fulfillment of obligations by the Customer, then he is immediately obliged to inform the Customer in writing of the amount of these expenses with their confirmation by documents, on the basis of which the Parties will enter into an agreement on the timing and form of their reimbursement.

7.6. If the Customer has established the need to mothball or suspend work for an indefinite period of time, the Customer undertakes to pay the Contractor in full for the work completed before the mothballing (suspension) within five days from the date of suspension.

7.7. The Parties undertake to maintain confidentiality with respect to information received by them from each other or that has become known to them during the performance of work under this Agreement, and not to open or disclose information in general or in particular to any third Party without the prior written consent of the other Party under this Agreement . Any damage caused to a Party by failure to comply with confidentiality requirements under this Agreement is subject to full refund the guilty Party.

7.8. This Agreement is drawn up in two copies, one copy for each of the parties, each of which has equal legal force.

7.9. All annexes to this Agreement are an integral part of it:

8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Contractor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

9. SIGNATURES OF THE PARTIES

Customer_________________

Contractor_________________

Please note that the contract agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

One of the stages capital construction is architectural and construction design. This activity includes the development of design estimates and preparation of surveys (materials). In fact, there is a study natural conditions district, site, route, water supply sources, economic expediency etc. The legal regulation of such activities is a contract for the performance of design and survey work. It must be said that usually the development of technical documentation is entrusted to a special design organization, because this requires certain knowledge and skills.

The contract for design and survey work is bilateral (mutual), consensual and paid. This is a type of contract under which one party (this may be a contractor, designer, surveyor) undertakes, on the instructions of the customer (the second party), to develop technical documentation and perform survey work, and the customer undertakes to accept and pay for the results.

Any person who needs the results of design and survey work can act as a customer under a work contract. However, the customer can also be the contractor under a construction contract in cases where the responsibility for developing the appropriate technical documentation lies with him, and he does not have the opportunity to perform such work on his own.

The contract for design and survey work is concluded in simple written form. An agreement can be concluded for the implementation of both the entire complex of design and survey work, as well as their individual stages, parts, sections (for example, development of estimates, survey work, preparation of technical documentation, etc.).

Carrying out design and survey work requires certain creative efforts and skills. The subject of the agreement is:

carrying out design and survey work as a result of which the customer is presented with a conclusion on the conditions of future construction;
design documentation establishing the scope and content of work to be performed during construction;
an estimate representing the monetary value of the specified work.

Technical documentation is a set of documents (feasibility study, drawings, diagrams, explanatory notes to them, specifications, etc.), defining the volume and content construction work, as well as other requirements for them. Depending on the complexity of the object, design can be carried out in one or two stages. If the object is not very complex or is being built according to a serial design, a working design with a summary estimate is prepared. When constructing more complex objects, first prepare technical project with a summary calculation of the cost of construction, and then, based on it, a working project with a specific estimate is developed. Technical documentation is transferred in finished form, suitable for its further use. The transfer is carried out according to the acceptance certificate. The Contractor undertakes not to transfer copies of technical documentation to third parties without obtaining appropriate permission from the customer.

Only entities that have a special license to perform such work can assume the responsibilities of a designer. As with construction contracts, the general contracting system is widely practiced, in which the general designer is involved in the execution individual species design and survey work by specialized design organizations.

Price is a mandatory condition of the contract and is determined based on the results of the tender or by agreement of the parties, who also have the right to include in the contract provisions on the terms of payment and the amount of premiums for early delivery of documentation, to provide for circumstances in the presence of which the contract price can be changed (the customer makes changes to the assignment for design and other initial data, changes in legislation, tariffs, inflation, etc.). The procedure for payment for completed design and survey work is also determined by the terms of the competition or agreement of the parties and is established in the contract. The basis for calculations is the set of documentation received by the customer or general designer under the acceptance certificate for the object as a whole or its stage. Payment can also be made monthly based on certificates for the amount of work actually completed, if the contract does not provide for advance payment. The price of a contract for design and (or) survey work often takes the form of an estimate containing an itemized list of the contractor’s costs for performing the work.

An essential condition of the contract for the performance of design and (or) survey work is the condition on the start date and completion date of the work. The term in this case means either a point in time or a period of time, with the onset (for a point in time) or expiration (for a period of time) of which the onset of legal consequences is associated. Calculation of deadlines is carried out by any possible way: indicating a calendar date, event, people’s actions, expiration of a certain time, etc. The customer is also obliged, unless otherwise provided by the contract for design and survey work:

use technical documentation only for the purposes specified in the work contract, do not transfer it to third parties and do not disclose the data contained in it without the consent of the contractor;
provide assistance to the contractor in carrying out design and survey work to the extent and on the terms stipulated in the contract;
participate together with the contractor in the coordination of finished technical documentation with the relevant government bodies and local governments;
reimburse the contractor for additional expenses caused by changes in the initial data for performing work under the contract due to circumstances beyond the control of the contractor;
involve the contractor in the case of a claim brought against the customer by a third party in connection with deficiencies in the technical documentation drawn up or the survey work performed.

As for the responsibilities of both parties, the contractor is obliged to carry out design and survey work in strict accordance with the assignment, and the customer is obliged to accept the technical documentation developed by the contractor and pay for it.

Termination of a contract for design and survey work is possible on the initiative of either party in the event systematic violation the counterparty of contractual obligations with compensation by the guilty party to the other party for losses incurred in connection with the termination of the contract. The basis for termination of this agreement is the recognition of the customer as bankrupt in accordance with the established procedure.