Design and construction contract
№ _______
Moscow “___” _____________ 200___
ROSINTER RESTORANTS LLC, hereinafter referred to as the “Customer”, represented by the General Director ________, acting on the basis of the Charter, on the one hand and,
LLC _______________________________________, hereinafter referred to as the “Contractor”, represented by _________________________________________, acting on
on the basis of ___________________, on the other hand, we have entered into this Contract as follows:
ARTICLE 1 DEFINITIONS
The concepts used in this Contract in the following text mean the following:
“Parties” - “Customer” and “Contractor”.
“Customer” - LLC “_______________”, entity created in accordance with the law Russian Federation.
“Contractor” - ______________________________, a legal entity created in accordance with the legislation of the Russian Federation, performing work under this Contract on the basis of license(s) No. _______________________ dated “___” _________ 200__, issued by the Federal Agency for Construction and Housing and Communal Services farm.
“Object” - means the building (restaurant premises “_______________________”), located at the address: __________________________________________, with total area _____________ sq.m. in which the Contractor carries out work in accordance with the terms of this Contract, construction standards and rules in force in the Russian Federation during the period of work.
“Work” - the entire set of necessary and sufficient actions to achieve the goals of this Contract, including all work defined in the Appendices to this Contract, but not limited to, including:
- execution of pre-design and design work ( electric installation work, ventilation and air conditioning, water supply and sewerage, low-current system, fire extinguishing system, etc.), as well as obtaining all necessary permits and approvals from the State Control and Supervision Services to carry out work under this Contract;
- repair, installation, finishing, commissioning and other types of work, including the supply of materials, products, equipment;
- delivery of completed Work to the Acceptance (Working) Commission;
- delivery of completed Work to the Customer according to the Work Acceptance Certificate and commissioning of the Facility.
“Hidden Works” - Means Works hidden by subsequent works and structures. The quality and accuracy of hidden work cannot be determined after subsequent work has been completed.
“Certificate of acceptance of completed work” - a document signed by the Parties on the completion by the Contractor of certain volumes of Work provided for by this Contract, in accordance with the deadlines established in this Contract.
“Acceptance certificate of all completed work” - a Document signed by the Parties on the completion by the Contractor of all Work at the Site provided for by this Contract.
“Connection to utilities” - Connection of internal engineering communications to external engineering networks made in accordance with the specifications. The connection is made:
- electrical networks- from an electrical panel installed inside the building;
- low-current networks - from a switchboard installed inside the building;
- cold water supply - from the water metering unit;
- heating - from IHP;
- sewerage outlets - into existing drains.
“As-built documentation” - a complete set of documents (drawings, diagrams, etc.) prepared by the Contractor based on the results of execution individual species Works showing the exact actual location, dimensions and details of the Works in the form in which they were completed, as well as including, but not limited to: operating instructions for the Facility Equipment, passports and certificates for Equipment and Materials, acts for Hidden Works and other documents in accordance with Appendix “D” MGSN 8.01-00, test protocols for engineering systems and certificates for commissioning work performed.
“Security Deposit” - a method of ensuring that the Contractor fulfills its obligations to timely eliminate shortcomings and defects identified during the operation of the Facility within 3 (three) years from the date of signing by the Parties of the Acceptance Certificate for the completed work. A security deposit in the amount of 10 (ten)% of the total cost of the Contract is withheld by the Customer from the amount Money, payable to the Contractor in accordance with the terms of Article 5 of the Contract.
In accordance with clause 5.5. of this Contract, the parties have the right to offset similar counterclaims without monetary payment, on the basis of the relevant Settlement Certificate signed by the Parties.
“Subcontractors” - Organizations and their personnel engaged by the Contractor to fulfill any of the Contractor’s obligations under the Contract. The qualifications of Subcontractors must correspond to the nature of the work performed under the Contract.
"Approval" - Confirmation in writing, duly made by the Customer and the Contractor or their authorized representatives within their competence.
“Contract” - this document signed by the Customer and the Contractor, with all Agreements and Appendices to it, as well as all Additions and amendments that were signed by the Parties during the period of its validity.
“Turnkey” - Performance of work by the Contractor, on the basis of the “Guidelines for drawing up construction contracts in the Russian Federation” (letter of the Ministry of Construction of the Russian Federation No. BF-558/15 dated June 10, 1992), in accordance with this Contract. Work includes: pre-project and design preparation work; obtaining the necessary approvals from the relevant regulatory authorities for the execution of work and acceptance of the Facility into operation; repair, installation and finishing works; equipment of the Facility engineering systems(to the extent provided for in this Contract), including heating, ventilation and air conditioning, water supply and sewerage, low-current systems, fire sprinkler system, energy, plumbing and auxiliary equipment; elimination of defects identified during operation; providing the Customer with technical documentation necessary for operation of the Facility; ensuring the final commissioning of the Facility. The object is transferred to the Customer completely ready for commercial (functional) use.
The definitions used above in the singular can also be used in plural, where required within the meaning of this Contract.
ARTICLE 2 SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes to carry out the Work at the Facility on a turn-key basis according to the Customer’s instructions in accordance with the terms of this Contract and deliver the result to the Customer, and the Customer undertakes to accept the result of the Work and pay for it.
2.2. The Contractor undertakes to develop the design documentation specified in Appendix No. 1.
2.3. The Contractor undertakes to develop design documentation in accordance with the requirements for design documentation set out in Appendix No. 2. The Contractor is obliged to provide the Customer with Design Documentation in two languages: Russian and English.
2.4. The Contractor undertakes to carry out construction and installation work at the Facility specified in the design documentation prepared by the Contractor and accepted by the Customer.
The Contractor undertakes to carry out construction and installation work at the Site within the time limits established Schedule performance of work (Appendix No. 3 to this agreement)
2.5. The Contractor undertakes to carry out construction and installation work at the Facility in accordance with the requirements set out in Appendix No. 4 (Technical Documentation) to this contract.
ARTICLE 3 CONTRACT PRICE AND PAYMENT PROCEDURE
3.1. The total cost of the work performed by the Contractor under this contract is (__________________________) rubles, including VAT 18% - _____________(__________________________ ________) rubles. A detailed description of the cost of work performed by the Contractor under this contract (details) is indicated in the Estimate (Appendix No. 5 to this contract).
3.2. The cost of developing project documentation is (_________________________) rubles, including VAT 18% - _____________(__________________________ ________) rubles.
3.3. The cost of construction and installation work is (__________________________) rubles, including VAT 18% - _____________(__________________________ ________) rubles.
3.4. The total cost of the work performed by the Contractor under this contract includes the cost of all work necessary to fully fulfill the Contractor’s obligations under this Contract, including the cost of materials used by the Contractor when performing work under this Contract, equipment, machinery installed at the site, etc. ., taking into account customs duties and fees paid on materials and equipment imported into the territory of the Russian Federation, the cost of delivery, the Contractor's expenses for obtaining the necessary approvals, permits, orders, testing, inspections, conclusions, etc.
3.5. Within no more than 20 (twenty) days from the date of signing this agreement and the Contractor issuing an invoice to the Customer for the amount specified in this clause of the agreement, the Customer shall pay the Contractor an advance in the amount of 30% (thirty percent) of the cost of developing project documentation and 30% (thirty percent) percent) of the cost of construction and installation work, namely: ___________
3.6. Within a period of no more than 20 (twenty) days from the date of signing by the Parties of the Project Documentation Acceptance Certificate, the Customer pays the Contractor 65% (sixty-five percent) of the cost of developing the project documentation, namely: _________.
3.7. Within a period of no more than 20 (twenty) days from the date of signing by the Parties of the Construction and Installation Work Acceptance Certificate, the Customer pays the Contractor 65% (sixty-five percent) of the cost of construction and installation work, namely: ________.
3.8. To provide the Contractor with warranty obligations for the timely elimination of deficiencies and defects identified during the operation of the Facility, within a three-year period, the Customer withholds a Security Deposit in the amount of 10 (ten)% of the total cost of the Contract, namely: ___________ (_________) rubles. The customer pays the contractor a security deposit in the manner prescribed by this contract.
ARTICLE 4 TERMS FOR COMPLETION OF WORK
4.1. All work under this contract must be completed and handed over by the Contractor to the Customer according to the Acceptance Certificate for all completed work no later than _____________ _____________ 200__.
4.2. The Customer, no later than 5 (five) days from the date of signing by the Parties of this Contract, presents the Object to the Contractor under the Certificate of Admission.
The date of completion of the Work is the date of delivery of the Work at the Site to the Customer and the signing by the parties of the Acceptance Certificate for all work performed.
4.3. If the Customer requests during the Contract period to perform additional work or change the scope of Work, the timing and cost of performing such Work are agreed upon by the Parties and formalized in Additional Agreements to the Contract.
4.4. In the event of untimely completion of the Work by the Contractor, in contrast to the deadlines established in this Contract, the Customer has the right to unilaterally, out of court, withdraw from this Contract by sending a written notice to the Contractor, and to hire another contractor to complete the Work, with subsequent reimbursement of costs incurred for this purpose. Contractor.
ARTICLE 5 PAYMENT TERMS
5.1. Payments under this Contract are made on the basis of original invoices, which must be transferred to the Customer no later than 5 (Five) working days before the payment is due. The Contractor's delay in transmitting the original invoice gives the Customer the right to withhold the corresponding payment in proportion to the period of such delay; in this case, sanctions are not applied to the Customer.
5.2. The Contractor is obliged to provide the Customer with all documents required by Russian tax legislation. If the Contractor does not submit documents required by the tax legislation of Russia (provides improperly executed documents) or does not provide them on time, the Customer has the right to suspend payments under this agreement until the Contractor provides all necessary documents, without applying any penalties to the Customer.
5.3. The dates of payments are understood as the date of debiting funds from the Customer’s account.
5.4. The assignment of the right to a monetary claim under this Contract is possible only subject to the prior signing by the Parties of the relevant Additional Agreement. Only the signing of the Additional Agreement constitutes proper notification (consent) of the Customer about the transfer of the right of claim from the Contractor to a third party. In case of violation this condition The customer has the right to refuse to fulfill obligations in favor of a third party.
5.5. To ensure that the Contractor guarantees the timely elimination of shortcomings and defects identified during the operation of the Facility, within a three-year period, the Customer withholds a Security Deposit in the amount of 10 (ten)% of the total cost of the Contract.
The Parties have the right to offset similar counterclaims without monetary payment, on the basis of the relevant Settlement Certificate signed by the Parties.
If the Contractor does not eliminate the shortcomings and defects identified at the Facility within 3 (three) years, as soon as possible, but in any case no more than 10 (ten) days from the date of their identification by the Customer, the Customer has the right to eliminate the identified shortcomings and defects independently or by other organizations at the expense of the Security Deposit, accordingly reducing the amount of the Security Deposit payable to the Contractor. In case of implementation of the specified deduction, the Customer sends the Contractor a written notice of deduction accompanied by a calculation of the withheld amounts.
If the Contractor properly fulfills the assumed warranty obligations, the Parties shall sign a Certificate of Acceptance of Warranty Obligations every 4 (four) months. Within a period of no more than 20 (twenty) days from the date of signing by the Parties of the Certificate of Acceptance of Warranty Obligations, the Customer pays the Contractor _____ (____) rubles from the Security Deposit.
If the Contractor improperly fulfilled the warranty obligations, and the Customer made a deduction from the Security Deposit, the amount payable by the Customer based on the results of the past 4 (four) months is subject to a corresponding reduction. In this case, the amount payable to the Contractor is indicated in the relevant Warranty Acceptance Certificate.
ARTICLE 6 OBLIGATIONS OF THE PARTIES
6.1. To perform the Contract, the Contractor:
6.1.1. Performs work under this Contract on the basis of existing permits, in particular SRO certificates.
6.1.2. Carries out the purchase, delivery, payment of customs duties and storage of materials, unloading, acceptance, warehousing and supply for the production of Works of materials and equipment necessary for the Contractor to carry out work under this Contract.
6.1.3. Performs with its own resources and its own materials (means) all Work in accordance with the Appendices to this Contract within the scope of this Contract and within the time limits provided for in this agreement, and delivers the work in full to the Customer. Bears the burden of maintaining the construction site.
6.1.4. Ensures the safety of the Object and property located at the Object, bears the risk of its accidental loss and accidental damage until the Object is handed over to the Customer under the Acceptance Certificate of all work performed.
6.1.5. During the execution of the Work, carries out systematic, and upon completion of the work, final cleaning of the Site and roads immediately adjacent to the Site from construction waste, excess materials and products, and removes solids. household waste, seasonal cleaning of the territory from snow or fallen leaves, dismantles and removes construction equipment and debris from the Site. Disposal of garbage and waste is carried out by the Contractor at his own expense.
6.1.6. Ensures that necessary fire prevention measures and safety and security measures environment during the period of work. The contractor is responsible for violation of the requirements of the law and other legal acts on environmental protection that arise during the performance of work.
6.1.7. Obliges to coordinate the Project Documentation with the Customer and state supervisory services, as well as with the Lessor, and provide the Customer with documents confirming the said approval before “___” ____________ 200___.
6.1.8. Provides supplies of all auxiliary materials, available means and tools that are not specified in the Contract (Appendices), but are necessary to perform work under the Contract and timely delivery of the Facility according to the Acceptance Certificate for completed work. Responsible to the Customer for the actions of its subcontractors as for its own.
6.1.9. Conducts an examination at the request of the Customer bearing capacity structures of an existing building within the framework of the remuneration provided for in clause 3.1. Contract.
6.1.10. Together with the Customer, within the framework of the remuneration provided for in the Contract, it receives the technical conditions necessary for the performance of work under this Agreement from JSC Mosenergo, Vodokanal, and, if necessary, on the instructions of the Customer, also from Mosteploenergo.
6.1.11. Transfers to the design organization the documentation approved by the Customer for the development of the project.
Receives from the Customer and state control and supervisory services the necessary Approvals and permits for the performance of Work. Provides designer's supervision over the production of Works.
6.1.12. Obliged to take measures, in accordance with the design and applicable Rules and Regulations, to protect the environment inside and outside the Project and to avoid causing injury or damage to citizens or their personal property due to environmental pollution, noise or other causes resulting from the Contractor's performance of the Work.
6.1.13. Obliges to independently and at his own expense coordinate the implementation of repairs and construction work with private individuals living in houses above built-in, as well as built-in and attached Objects, house committees, housing and communal services, health care facilities, etc.
6.1.14. Provides on our own and at your own expense all the requirements for electricity, water, telephone and telefax communications, sewerage, heat supply, etc., necessary for the execution of the Work, including the laying of temporary communications, coordination with administrative authorities and payment for use on separate accounts of city organizations, including payment reimbursement the services specified in this clause on the invoices of city organizations issued to the Customer during the validity period of this Contract.
6.1.15. At its own expense, makes deductions to the UGPS, IGASN of Moscow and other necessary payments related to the Contractor’s performance of work under this Contract.
6.1.16. Will carry out all types of insurance in accordance with Article 12 of this Contract.
6.1.17. Undertakes to ensure the delivery of completed work to the Acceptance (Working) Commission by “___” _____________ 200__.
6.1.18. Will remove property belonging to the Contractor from the construction site until the full scope of work is delivered to the Customer according to the Acceptance Certificate for all completed work.
6.2.To fulfill the Contract, the Customer:
6.2.1. Obliges to make payments in accordance with the terms of this agreement.
6.2.2. Provides the Contractor within 5 (five) working days from the date of signing this Contract with the Facility according to the Certificate of Admission to the Facility for the performance of work.
6.2.3. Provides technical supervision over the execution of work without interfering with the operational and economic activities of the Contractor, namely:
- exercises control over the quality and timing of work performed;
- carries out quality control of materials used by the Contractor;
- monitors compliance with work production technology;
6.2.4. If deviations from the terms of the Contract are discovered during the work, the Customer has the right to demand the termination of work performed with deviations from the terms of the Contract and their correction at the expense of the Contractor.
6.2.5. The Customer may make proposals for changes and additions to both the unapproved and approved Project Documentation.
Continuation of the design and construction contract:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs the Designer to prepare a task for performing design work and technical documentation, and the Designer undertakes to prepare a task for performing design work and, in accordance with the task, to develop technical documentation (project) for an individual house for construction at the address: .
1.2. The assignment prepared by the Designer becomes binding on the parties from the moment it is approved by the Customer.
1.3. The designer is obliged to comply with the requirements contained in the assignment and other initial data for performing design and survey work, and has the right to deviate from them only with the consent of the customer.
1.4. The Designer’s right to carry out the work provided for in this Agreement is confirmed by the following documents:
- License No. dated "" year, issued.
1.5. The designer undertakes to prepare the following documents: .
2. COST OF WORK AND PAYMENT PROCEDURE
2.1. The cost of design work is rubles, VAT rubles, and is determined by the table “Calculation of volumes and costs of work” (Appendix No.).
2.2. The cost of design work is determined in accordance with the volume of design documentation. In case of a significant increase in the volume of work, the cost may be changed by agreement of the parties.
2.3. Within days after the conclusion of this Agreement, the Customer transfers the amount specified in clause 2.1 to the Designer’s bank account.
3. DATE FOR COMPLETION OF DESIGN WORK
3.1. The designer undertakes to complete the design work in full within days from the date of conclusion of this contract.
4. OBLIGATIONS OF THE PARTIES
4.1. The designer is obliged:
- Carry out work in accordance with the assignment and other initial design data and the contract;
- Coordinate finished technical (design) documentation with the Customer, and, if necessary, together with the Customer - with competent government agencies and organs local government;
- Transfer to the Customer the finished technical (design) documentation and the results of survey work.
4.2. The designer has no right to transfer technical documentation to third parties without the consent of the Customer.
4.3. The Designer guarantees to the Customer that third parties have no right to prevent the execution of work or limit their execution on the basis of the technical documentation prepared by the contractor.
4.4. The customer is obliged:
- Pay the Designer the price established by this Agreement;
- Use the technical (design) documentation received from the Designer only for the purposes provided for in the Agreement, do not transfer the technical documentation to third parties and do not disclose the data contained in it without the consent of the Designer;
- Provide the necessary assistance to the Designer in carrying out design work;
- Participate together with the Designer in the coordination of finished technical documentation with the relevant government bodies and local governments;
- When significant change initial data, as well as due to other circumstances beyond the control of the Designer, which resulted in a significant increase in the cost of design work, compensate the Designer for any losses arising in connection with this additional expenses;
- In the event of a legal dispute involving a third party filing a claim against the Customer due to deficiencies in the technical documentation drawn up, involve the Designer in the case.
5. RESPONSIBILITY OF THE PARTIES
5.1. The designer is responsible for the improper preparation of technical (design) documentation, including deficiencies subsequently discovered during construction, as well as during the operation of the facility created on the basis of technical documentation.
5.2. If deficiencies are discovered in the technical documentation, the Designer, at the request of the Customer, is obliged to redo the technical documentation free of charge, as well as to compensate the customer for losses caused.
5.3. In case of violation of the deadlines for completing design work, the Designer pays the Customer a penalty in the amount of % for each day of delay, but not more than % of the total cost of the work, unless he proves that the delay was due to the Customer’s fault.
6. RESOLUTION OF DISPUTES BETWEEN THE PARTIES. JURISDICTION OF DISPUTES FROM THE AGREEMENT
6.1. Controversial issues arising during the execution of this Agreement are resolved by the parties through negotiations, and the resulting agreements mandatory are fixed by an additional agreement of the parties (or protocol), which becomes an integral part of the Agreement from the moment of its signing.
6.2. If a dispute arises between the Customer and the Designer regarding the shortcomings of the work performed or their causes and the impossibility of resolving this dispute through negotiations, at the request of either party, an examination may be appointed. The costs of the examination are borne by the Designer, except in cases where the examination establishes that the Designer has not violated the terms of this Agreement and the technical documentation. IN these cases the costs of the examination are borne by the party that requested the appointment of the examination, and if it is appointed by agreement between the parties - both parties equally.
6.3. If no agreement is reached on controversial issues, the dispute arising from this Agreement shall be subject to consideration in a court of general jurisdiction on the territory of the Russian Federation, on the basis of the law of the Russian Federation and in the manner established by the legislation of the Russian Federation. In accordance with the claim, the claim is brought at the place of permanent residence of the Customer.
6.4. The applicable law of the parties is the legislation of the Russian Federation.
6.5. On issues not regulated by the Treaty, laws and other legal acts of the Russian Federation are subject to application, including relevant legal acts adopted by the constituent entities of the Federation and local governments. If the terms of the Agreement conflict with the provisions of laws and other legal acts, the law or other legal act shall be applied.
7. OTHER CONDITIONS
7.1. Correspondence between the parties is carried out by exchanging fax messages, messages Email, registered letters. Messages are sent to the addresses specified in the Agreement. The date of the relevant notification is considered to be the day the fax or email message is sent, as well as the day after the letter is sent by mail.
7.2. This agreement has been drawn up in two copies - one for each party. In case of translation of the text of the Agreement and any annex to it into foreign language, the text in Russian will prevail.
8. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Designer
- Legal address:
- Mailing address:
- Phone fax:
- INN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Customer
- Registration address:
- Mailing address:
- Phone fax:
- Passport series, number:
- Issued by:
- When issued:
- Signature:
Moscow "___" _____________ 201_g.
..., hereinafter referred to as the “Customer”, represented by ..., acting on the basis of ..., on the one hand,
and open Joint-Stock Company"______________________________" (abbreviated name - OJSC "___________"), hereinafter referred to as the "Contractor", represented by the General Director ______________, acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this (hereinafter referred to as the "Agreement" ) about the following:
1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor assumes obligations, to develop design documentation for... (hereinafter referred to as “Work”).
1.2. Design stages: Project and Working documentation.
1.3. The Contractor grants the Customer the right to one-time use of the design documentation developed under this Agreement to carry out Work at the facility specified in clause 1.1. contracts for work performance.
1.4. Technical, economic and other requirements for the design products that are the subject of this work contract must comply with the requirements of SNiP and other current regulations of the Russian Federation.
1.5. The Contractor performs the Work specified in clauses. 1.1. contract agreements in accordance with the Terms of Reference (Appendix No. 1).
2. Cost of work and payment procedure
2.1. The cost of work under the Contract is established by the Protocol of Agreement on the Contract Price (Appendix No. 4) and amounts to ... rub. ... cop. (...) rubles 00 kopecks, including VAT 18% - ... (...) rubles... kopecks.
including:
2.1.1. stage “Project” - ... (...) ruble, including VAT - 18%;
2.1.2. stage “Working documentation” - ... (...) rubles, including VAT - 18%.
2.2. Payment for work under the Contract is made in stages, in accordance with the calendar plan (Appendix No. 2) in the following order:
2.2.1. The Customer, within 15 (fifteen) banking days from the date of conclusion of the contract for the performance of work, transfers an advance in the amount of ...% of the total cost of the Work, which is ... (...) rubles, including VAT 18% - ... (...) rubles ... cop.
2.2.2. Payment for work completed in full at each stage is carried out by the Customer on the basis of the Work acceptance certificate for the relevant stage, within 5 (five) working days from the date of its signing by the Parties, with proportional deduction of the advance payment.
2.3. The obligation to pay is considered fulfilled from the moment the funds are received in the Contractor's bank account.
2.4. Acceptance of Work at each stage and the procedure for signing the Work acceptance certificate is carried out in accordance with paragraphs. 4.2.-4.4. contracts for work performance.
2.5. If the Terms of Reference (Appendix No. 1) are changed by agreement of the Parties, resulting in a change in the volume and cost of the Work, the Parties sign an additional agreement to this Agreement, which indicates the changed volume and new cost of the Work.
3. Time frame for completing the Work
3.1. The timing of the Work is determined in the work schedule (Appendix No. 2), which is an integral part of the Contract.
3.2. In case of violation by the Customer of the terms provided for in the Contract for:
a) payment of an advance;
b) payment for accepted results of work;
the deadlines for the completion of the Work are postponed for the duration of the Customer’s delay in fulfilling the above obligations under the Contract, but not beyond the validity period of the contract for the performance of the work as a whole.
4. Procedure for delivery and acceptance of Work
4.1. Acceptance by the Customer of the results of the Work that meet the requirements specified in clause 1.5. Agreements are carried out in the manner specified in paragraphs. 4.2, 4.3. contracts for work performance.
4.2. Upon completion of the Work in stages, the Contractor transfers to the Customer the documentation developed for the corresponding stage in five copies on paper and one copy in in electronic format in formats:
- explanatory note and other text documentation in formats Microsoft Word, Excel;
- drawings in Auto Cad format;
- and the Work acceptance certificate for the stage in two copies.
4.2.1. The Customer, within 5 (five) working days from the date of receipt, reviews the submitted documentation and signs the Work acceptance certificate for the stage or submits a reasoned refusal to accept it.
4.3. If the Customer refuses to sign the Work acceptance certificate at the relevant stage, the Customer sends the Contractor a written reasoned refusal to accept the Work with a list of necessary modifications and deadlines for their implementation.
4.4. The Contractor has the right to send to the Customer at the address specified in clause 7.7.2. The agreements listed in clause 4.2. contracts for work performance documents by mail. Within 5 (five) working days from the date the Customer receives the above acts, he is obliged to sign them and send one of the copies to the Contractor or send a reasoned refusal to the Contractor. If, after the specified period, the Customer does not send to the Contractor a signed act of acceptance of the completed Work or a reasoned refusal, then the Work is considered accepted in full, of proper quality and payable in accordance with the terms of the Agreement.
4.5. If during the execution of the Work it becomes clear that it is inevitable that a negative result will be obtained or that further work is inappropriate, the Contractor shall suspend it and notify the Customer about this within three days after the suspension of the Work.
In this case, the Parties, within 10 days from the moment of notifying the Customer about the suspension of the Work, the Parties consider the possibility of continuing the Work and formalize the decision in a bilateral document.
5. Rights and obligations of the Parties
5.1. The performer is obliged:
5.1.1. Carry out the Work in full and content in accordance with clause 1.5. contracts for the performance of work that fully comply with the current SNiP, SN RF and transfer the results of the work to the Customer.
5.1.2. Together with the Customer, take part in the approval of project documentation in the approving authorities.
5.1.3. On behalf of the Customer, if necessary, make changes and additions to the work performed within the timeframe agreed with the Customer. If it is necessary to make changes to the work at the request of the Customer related to adjustments or additions to Technical specifications(Appendix No. 1), payment to the Contractor for specified Works will be carried out under an additional agreement.
5.2. The customer is obliged:
5.2.1. Accept and pay for the Work performed by the Contractor, specified in clause 1.1 of the Agreement, in accordance with the terms of the Agreement.
5.2.2. In case of unilateral refusal of the Customer from the contract, pay the Contractor for the amount of Work actually performed.
5.3. The performer has the right:
5.3.1. Involve subcontractors to develop individual sections of the design documentation (clause 1.1 of the Agreement), while the Contractor is responsible to the Customer for the results of their Work in accordance with the terms of the Agreement and the requirements of the current legislation of the Russian Federation.
5.4. 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 contract for the performance of work to the Contractor.
5.5. The Customer is also not liable to the Contractor for failure to fulfill obligations under the contract if it is caused by the actions (inactions) of the Contractor, which resulted in his failure to fulfill his own obligations under this Agreement to the Customer.
6. Responsibility of the parties
6.1. In the event that the Customer violates the procedure and deadlines for payment for completed Work established in the work contract, the Contractor has the right to demand from the Customer payment of a penalty in the amount of 0.1% (zero point one percent) of the cost of the Work not paid on time for each day of delay.
6.2. If the Contractor violates the deadlines for completing the Work, the Customer has the right to demand from the Contractor payment of a penalty in the amount of 0.1% (zero point one percent) of the cost of the Work not completed on time for each day of delay.
6.3. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if it was the result of force majeure circumstances in accordance with the current legislation of the Russian Federation and if these circumstances directly affected the performance of the Agreement. If such circumstances last more than three months, the Parties must negotiate the future fate of this Agreement. If the above-mentioned events are not reported to the other Party within 10 (ten) calendar days from the moment these events occur, the Party affected by force majeure circumstances cannot refer to it as a basis for exemption from liability for non-fulfillment or improper performance of the contract for the performance of work.
etc…
The entire standard form and sample contract agreement for the development of design and working documentation is offered for free download as an attached document form.
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 essence, there is a study of the natural conditions of the area, site, route, water supply sources, economic feasibility, 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 of 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 draft is prepared with a summary by estimate. When constructing more complex objects, a technical project is first prepared 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 to finished form suitable for her 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 engages specialized design organizations to carry out certain types of design and survey work.
Price - required condition contract and is determined based on the results of the competition 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 design assignment 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. Deadline in 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 at the initiative of either party in the event of a systematic violation by the counterparty of contractual obligations, with the guilty party compensating 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 in in the prescribed manner bankrupt.