Contract for the design of power supply. Contract for the development of design and working documentation

for the performance of design work and the provision of technical support services for the approval of project documentation by a person acting on the basis of, 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 concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes, by its own and (or) outsourced forces, within the time period established by the Contract, to complete a set of design works for the development of project documentation, as well as provide technical support services for the approval of project documentation developed by the Contractor and submitted by the Customer, in the prescribed manner for performance by the Customer of work on the overhaul of a non-residential building used by the Customer for legal grounds and located at: (hereinafter - the Object). Full list design works and services performed by the Contractor under this agreement is specified in Appendix No. 1 to this agreement.

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

1.3. For the execution of this contract, 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 contract. The project 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: the following design and technical documentation duly agreed upon: .

1.6. The Contractor starts to perform work under this contract from the date of receipt to the Contractor's settlement account Money in the amount of the first advance payment specified in Appendix No. 2 to this contract, which is the date of commencement of work under the contract.

1.7. In the event that the Customer, within working days from the date of signing this agreement by both parties, does not transfer funds to the account of the Contractor in the amount of the first advance payment specified in Appendix No. 2 to this agreement, the relations of the Parties under the agreement do not arise and its effect terminated, this agreement is considered terminated by the parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes:

2.1.1. Not later than working days after the conclusion of this agreement, provide the Contractor with the source documentation for the facility specified in clause 1.3 of this agreement.

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

2.1.3. Carry out other duties stipulated by Article 762 of the Civil Code of the Russian Federation.

2.1.4. The Customer has the right to exercise current control over the work of the Contractor in the implementation of this agreement.

2.3. The contractor undertakes:

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

2.3.2. Submit to the Customer duly agreed design and technical documentation in the amount and within the time limits established by this Agreement.

2.3.3. Follow the instructions of the Customer, submitted in writing, including those on making changes and additions to the project documentation, if they do not contradict the terms of this Agreement, the current legislation and regulatory documents of the 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 decisions of the facility;

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

2.3.6. In the shortest possible time and at its own expense, eliminate deficiencies and supplement the design and technical documentation upon receipt of a written claim (comments) from the Customer 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 the finished design and technical documentation with the Customer.

2.3.8. Ensure that all documentation received during the execution of the Agreement is executed in the name of the Customer and arrange for 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 Transfer and Acceptance Certificate no later than working days before the date of termination Agreement.

3. PRICE OF WORKS AND PAYMENT PROCEDURE

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

3.2. Payment under this Agreement shall be made by the Customer transferring funds in rubles to the Contractor's settlement account on the basis of the invoice issued by the latter for payment as follows:

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

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

3.2.3. The amount in the amount of rubles, including VAT (18%) rubles, is transferred by the Customer to the Contractor's settlement 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 the work performed under the contract, in the amount specified in Appendix No. 2 to this contract, and amounting to 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 signing by the Parties of the act of acceptance 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 permits not included in the cost of the Contractor's work under this contract. The amounts of these payments are tentatively indicated in Appendices No. 1, No. 2 to this agreement.

3.4. If in the process of performing work under this Agreement it becomes necessary to perform additional work, the parties, on the terms of 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 the date of receipt of non-cash funds from the Customer's account to the Contractor's account.

4. TERMS, PROCEDURE FOR DELIVERY AND ACCEPTANCE OF PRODUCTS

4.1. General term performance of work under the contract is determined by the parties and amounts to - 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 no later than the deadline for its transfer, established in this Agreement, according to the Documentation Acceptance Certificate (Works Acceptance Certificate) signed by the Parties.

4.2. The Contractor shall be deemed to have duly executed this Agreement only after the acceptance (approval) by the Customer of the design and technical documentation in full, provided for by this Agreement.

4.3. The Customer, no later than working 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 elimination of comments by the Contractor in accordance with the written refusal to accept work received from the Customer is carried out within the period agreed by the Parties, which cannot exceed working days.

4.6. From the moment of signing the Acceptance Certificate, all exclusive rights to use the prepared design and technical documentation and the results of work are transferred to the Customer within the scope of authority established in Ch. 69-70 of the Civil Code of the Russian Federation.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The parties are liable for failure to perform or improper execution its obligations under this agreement in accordance with the current legislation of the Russian Federation.

5.2. The contractor is responsible for the shortcomings of the design and technical documentation, including those found during its implementation. If deficiencies are found, 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, in case of receipt of the specified demand, is obliged to pay the Contractor a penalty in the amount of % of the debt amount for each day of delay in payment, but not more than % of the debt amount.

5.4. If the Contractor violates the deadline for the delivery of the developed documentation, the Customer may require, and the Contractor, in case of receipt of the specified requirement, pays the Customer a penalty in the amount of % of the cost of the relevant stage of work specified in Appendix No. 2 to this contract, 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. FORCE MAJEURE (force majeure)

6.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations assumed under this Agreement, if proper fulfillment was 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 could reasonably and reasonably be expected from a bona fide acting Party. Such circumstances of the Parties include: hostilities, epidemics, fires, natural disasters, acts and actions of state bodies that make it impossible to fulfill obligations under this agreement in accordance with the law.

6.3. The Party under this Agreement, affected by force majeure circumstances, must immediately notify the other Party by telegram or facsimile of the occurrence, type and possible duration of force majeure circumstances that impede the fulfillment of contractual obligations. If the aforementioned events are not notified in a timely manner, the Party affected by the force majeure event cannot invoke 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 non-fulfillment of contractual obligations are not applied.

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

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

7. AMENDMENT AND TERMINATION OF THE AGREEMENT, OTHER CONDITIONS

7.1. This Agreement shall enter into force from the date of its signing by the Parties and shall be valid until the date of full fulfillment by the Parties of their obligations.

7.2. This Agreement may 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 made 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 release the Parties from the fulfillment of obligations that arose during the period of its validity.

7.4. The Customer has the right to unilaterally extrajudicially refuse to execute the Agreement and terminate this Agreement in the following cases:

  • delay by the Contractor of the start of work for more than a day for reasons beyond the control of the Customer;
  • violation by the Contractor of the deadline for the performance of 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 the license, other acts of state bodies within the framework of the current legislation, depriving the Contractor of the right to perform work.

7.5. If the Customer fails to fulfill its obligations under this Agreement on time, and this leads to a delay in the performance of work, the Contractor has the right to extend the period for the performance of work for the corresponding period. If the Contractor incurs additional costs 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 costs, confirming them with documents, on the basis of which the Parties will conclude an agreement on the timing and form of their reimbursement.

7.6. If the Customer has established the need for conservation or suspension of work for an indefinite period, the Customer undertakes to pay the Contractor in full for the work performed up to the moment of conservation (suspension) within five days from the moment of their suspension.

7.7. The Parties undertake to maintain confidentiality with respect to information received by them from each other or become known to them in the course of performing work under this Agreement, not to disclose 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 the Party by non-compliance with the confidentiality requirements under this Agreement is subject to full compensation by the guilty Party.

7.8. This Agreement is made in duplicate, one copy for each of the parties, each of which has equal legal force.

7.9. All annexes to this Agreement are its integral part:

8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

Contractor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

9. SIGNATURES OF THE PARTIES

Customer _________________

Contractor _________________

Please note that the contract was drawn up and checked by lawyers and is exemplary; it can be finalized taking into account the specific terms 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 of capital construction is architectural and construction design. This activity includes the development of design estimates and the preparation of surveys (materials). In fact, the natural conditions of the region, section, route, water supply sources, economic feasibility, etc. are being studied. The legal regulation of such activities is a contract for the implementation of design and survey work. I must say that usually the development of technical documentation is entrusted to a special design organization, because. it requires certain knowledge and skills.

The contract for the performance of design and survey work is bilateral (mutual), consensual and paid. This is a type of contract under which one party (it can 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, a contractor under a construction contract can also act as a customer in cases where the obligation to develop the relevant 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 a simple written form. The contract may be concluded for the performance of both the entire range of design and survey work, and their individual stages, parts, sections (for example, the development of estimates, survey work, execution of technical documentation, etc.).

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

  • execution of design and survey work, as a result of which a conclusion is presented to the customer on the conditions for future construction;
  • design documentation that establishes the scope and content of work to be performed during construction;
  • an estimate representing the monetary value of the specified works.

Technical documentation is a set of documents (feasibility study, drawings, diagrams, explanatory notes to them, specifications, etc.) that determine the scope and content of construction work, as well as other requirements for them. Depending on the complexity of the object, the design can be carried out in one or two stages. If the object is not of great complexity or is being built according to a serial project, a working draft is prepared with a summary estimate. During the construction of more complex facilities, a technical design is first prepared with a summary calculation of the construction cost, and then a detailed design with a specific estimate is developed on its basis. technical documentation is transferred in finished form, suitable for its further use. The transfer is carried out according to the act of delivery and acceptance. 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 duties of a designer. As with building contract, the general contracting system is widely practiced, in which the general designer attracts specialized design organizations to carry out certain types of design and survey work.

The price is a mandatory condition of the contract and is determined by the results of the tender or by agreement of the parties, who are also entitled to include in the contract provisions on the terms of payment and the amount of bonuses for early issuance of documentation, to provide for the circumstances under which the contract price can be changed (the customer makes changes to the task 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 tender or by agreement of the parties and is established in the contract. The basis for the calculations is the set of documentation for the facility as a whole or its stage received by the customer or the general designer according to the acceptance certificate. Calculation can also be made on a monthly basis based on certificates for the actual amount of work performed, if the contract does not provide for advance payment. The price of a contract for the performance of design and (or) survey work often takes the form of an estimate containing an itemized list of the contractor's costs for the performance of work.

An essential condition of the contract for the performance of design and (or) survey work is the condition on the start date and end 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 terms is carried out in any possible way: by indicating a calendar date, an event, the actions of people, the expiration of a certain time, etc. The customer is also obliged, unless otherwise provided by the contract for design and survey work:

  • use the technical documentation only for the purposes stipulated by 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;
  • assist the contractor in the performance of design and survey work to the extent and on the terms stipulated in the contract;
  • participate together with the contractor in the coordination of the finished technical documentation with the relevant state bodies and local governments;
  • reimburse the contractor for additional expenses caused by a change in the initial data for the performance of work under the work contract due to circumstances beyond the control of the contractor;
  • attract the contractor to participate in the case on a claim brought against the customer by a third party in connection with the shortcomings of the drawn up technical documentation or performed survey work.

As for the obligations of both parties, the obligation of the contractor is 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 the performance of design and survey work is possible at the initiative of either party in the event of a systematic violation of contractual obligations by the counterparty with compensation by the guilty party to the other party for losses incurred in connection with the termination of the contract. The basis for the termination of this agreement is the recognition of the customer in the prescribed manner bankrupt.

for design work in a person acting on the basis of , hereinafter referred to as " Designer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs the Designer to prepare a task for the implementation of design work and technical documentation, and the Designer undertakes to prepare a task for the implementation of design work and, in accordance with the task, develop technical documentation (project) for a house of individual development for construction at: .

1.2. The task 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 task and other initial data for the performance of design and survey work, and has the right to deviate from them only with the consent of the customer.

1.4. The right of the Designer to carry out the work provided for by this Agreement is confirmed by the following documents:

  • License No. dated "" 2019, issued by .

1.5. The designer undertakes to prepare the following documents: .

2. COST OF WORKS AND PROCEDURE OF PAYMENTS

2.1. The cost of design work is RUB VAT RUB and is determined by the table "Calculation of scope and cost of work" (Appendix No.).

2.2. The cost of design work is determined in accordance with the scope of project documentation. In the event of a significant increase in the scope 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 settlement account.

3. TERM OF PROJECT WORKS

3.1. The designer undertakes to carry out the design work in full within the period from the moment of conclusion of this contract.

4. OBLIGATIONS OF THE PARTIES

4.1. The designer is obliged:

  • Perform work in accordance with the assignment and other initial data for the design and the contract;
  • Coordinate the finished technical (project) documentation with the Customer, and, if necessary, together with the Customer - with the competent state bodies and local governments;
  • Transfer to the Customer the finished technical (project) documentation and the results of survey work.

4.2. The Designer is not entitled to transfer technical documentation to third parties without the consent of the Customer.

4.3. The Designer guarantees to the Customer that third parties do not have the right to prevent or restrict the performance of work 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 (project) documentation received from the Designer only for the purposes stipulated by the Agreement, not transfer the technical documentation to third parties and not disclose the data contained in it without the consent of the Designer;
  • Provide necessary assistance to the Designer in the performance of design work;
  • Participate, together with the Designer, in coordinating the finished technical documentation with the relevant state bodies and local governments;
  • In the event of a significant change in the initial data, as well as due to other circumstances beyond the control of the Designer, which entailed a significant increase in the cost of design work, reimburse the Designer for the additional costs incurred in connection with this;
  • In the event of a litigation related to the presentation of a claim against the Customer by a third party in connection with the shortcomings of the drawn up technical documentation, involve the Designer to participate in the case.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The designer is responsible for the improper preparation of technical (project) 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 defects are found 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 compensate the customer for the losses caused.

5.3. In case of violation of the deadlines for the 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 fault of the Customer.

6. RESOLUTION OF DISPUTES BETWEEN THE PARTIES. SCOPE OF DISPUTES FROM THE CONTRACT

6.1. Disputable issues arising in the course of the execution of this Agreement are resolved by the parties through negotiations, and the agreements that have arisen are necessarily 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 by negotiations, an examination may be appointed at the request of either party. Expenses for the examination shall be borne by the Designer, except for cases when the examination establishes the absence of violations by the Designer of the terms of this Agreement and technical documentation. In these cases, the expenses for the examination shall be borne by the party that requested the appointment of the examination, and if it was appointed by agreement between the parties, both parties equally.

6.3. In case of failure to reach an agreement on controversial issues, the dispute arising from this Agreement is 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 Articles 118 and 120 of the Code of Civil Procedure of the RSFSR, a claim is brought at the place of permanent residence of the Customer.

6.4. The applicable law of the parties recognize the legislation of the Russian Federation.

6.5. On issues not regulated by the Agreement, the laws and other legal acts of the Russian Federation, including the relevant legal acts adopted by the constituent entities of the Federation and local governments, are subject to application. In the event of a conflict between the terms of the Agreement and the provisions of laws and other legal acts, the law or other legal act shall be applied.

7. OTHER TERMS

7.1. Correspondence between the parties is carried out by exchanging facsimile messages, e-mail messages, registered letters. Messages are sent to the addresses specified in the Agreement. The date of the relevant notification is the day the facsimile message or e-mail message is sent, as well as the day after the letter is sent by mail.

7.2. This agreement is made in two copies - one for each party. In case of translation of the text of the Agreement and any annex to it into a foreign language, the text in Russian shall prevail.

8. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Designer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Customer Registration: Postal address: Passport series: Number: Issued by: By: Phone:

9. SIGNATURES OF THE PARTIES

Designer _________________

Customer _________________

in a person acting on the basis of , hereinafter referred to as " Designer", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Customer”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs the Designer to prepare a task for the implementation of design work and technical documentation, and the Designer undertakes to prepare a task for the implementation of design work and, in accordance with the task, develop technical documentation (project) for a house of individual development for construction at: .

1.2. The task 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 task and other initial data for the performance of design and survey work, and has the right to deviate from them only with the consent of the customer.

1.4. The right of the Designer to carry out the work provided for by this Agreement is confirmed by the following documents:

  • License for No. from "" of the year, issued by .

1.5. The designer undertakes to prepare the following documents: .

2. COST OF WORKS AND PROCEDURE OF PAYMENTS

2.1. The cost of design work is RUB VAT RUB and is determined by the table "Calculation of scope and cost of work" (Appendix No.).

2.2. The cost of design work is determined in accordance with the scope of project documentation. In the event of a significant increase in the scope 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 settlement account.

3. TERM OF PROJECT WORKS

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:

  • Perform work in accordance with the assignment and other initial data for the design and the contract;
  • Coordinate the finished technical (project) documentation with the Customer, and, if necessary, together with the Customer - with the competent state bodies and local governments;
  • Transfer to the Customer the finished technical (project) documentation and the results of survey work.

4.2. The Designer is not entitled to transfer technical documentation to third parties without the consent of the Customer.

4.3. The Designer guarantees to the Customer that third parties do not have the right to prevent or restrict the performance of work 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 (project) documentation received from the Designer only for the purposes stipulated by the Agreement, not transfer the technical documentation to third parties and not disclose the data contained in it without the consent of the Designer;
  • Provide necessary assistance to the Designer in the performance of design work;
  • Participate, together with the Designer, in coordinating the finished technical documentation with the relevant state bodies and local governments;
  • In the event of a significant change in the initial data, as well as due to other circumstances beyond the control of the Designer, which entailed a significant increase in the cost of design work, reimburse the Designer for the additional costs incurred in connection with this;
  • In the event of a litigation related to the presentation of a claim against the Customer by a third party in connection with the shortcomings of the drawn up technical documentation, involve the Designer to participate in the case.
5. RESPONSIBILITIES OF THE PARTIES

5.1. The designer is responsible for the improper preparation of technical (project) 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 defects are found 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 compensate the customer for the losses caused.

5.3. In case of violation of the deadlines for the 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 fault of the Customer.

6. RESOLUTION OF DISPUTES BETWEEN THE PARTIES. SCOPE OF DISPUTES FROM THE CONTRACT

6.1. Disputable issues arising in the course of the execution of this Agreement are resolved by the parties through negotiations, and the agreements that have arisen are necessarily 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 by negotiations, an examination may be appointed at the request of either party. Expenses for the examination shall be borne by the Designer, except for cases when the examination establishes the absence of violations by the Designer of the terms of this Agreement and technical documentation. In these cases, the expenses for the examination shall be borne by the party that requested the appointment of the examination, and if it was appointed by agreement between the parties, both parties equally.

6.3. In case of failure to reach an agreement on controversial issues, the dispute arising from this Agreement is 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 is made at the place of permanent residence of the Customer.

6.4. The applicable law of the parties recognize the legislation of the Russian Federation.

6.5. On issues not regulated by the Agreement, the laws and other legal acts of the Russian Federation, including the relevant legal acts adopted by the constituent entities of the Federation and local governments, are subject to application. In the event of a conflict between the terms of the Agreement and the provisions of laws and other legal acts, the law or other legal act shall be applied.

7. OTHER TERMS

7.1. Correspondence between the parties is carried out by exchanging facsimile messages, e-mail messages, registered letters. Messages are sent to the addresses specified in the Agreement. The date of the relevant notification is the day the facsimile message or e-mail message is sent, as well as the day after the letter is sent by mail.

7.2. This agreement is made in two copies - one for each party. In case of translation of the text of the Agreement and any annex to it into a foreign language, the text in Russian shall prevail.

8. LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Designer

  • Legal address:
  • Mailing address:
  • Phone fax:
  • TIN/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__

Hereinafter referred to as the "Customer", represented by _________________________, acting on the basis of __________________, on the one hand,

and Open Joint Stock Company "__________________________________________" (abbreviated name - JSC "_______________"), hereinafter referred to as the "Contractor", represented by Director General __________________, acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this contract for design work (hereinafter referred to as the "Agreement") as follows:

1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor assumes obligations to develop project documentation for ... (hereinafter referred to as the "Works").
1.2. Design stages: Design and Working documentation.
1.3. The Contractor grants the Customer the right to use the project documentation developed under this contract for the performance of Works at the facility specified in clause 1.1. contracts for design work.
1.4. Technical, economic and other requirements for design products that are the subject of this Agreement must comply with the requirements of SNiP and other applicable regulations of the Russian Federation.
1.5. The Contractor performs the Works specified in p.p. 1.1. of the Agreement in accordance with the Terms of Reference (Appendix No. 1).

2. Cost of work and payment procedure
2.1. The cost of works is set by the Contract Price Agreement Protocol (Appendix No. 4) and amounts to ... rub. ... cop. (…) rubles 00 kop., including VAT 18% - … (…) ruble … kop.
including:
2.1.1. stage "Project" - ... (...) rubles, including VAT - 18%;
2.1.2. stage "Detailed 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 design work, transfers an advance payment in the amount of ... % of the total cost of the Works, which amounts to ... (...) rubles, including VAT 18% - ... (...) rubles ... cop.
2.2.2. Payment for the Works fully completed at each stage is carried out by the Customer on the basis of the Works acceptance certificate for the relevant stage, within 5 (five) business days from the date of its signing by the Parties, with a proportional deduction of the paid advance.
2.3. The obligation to pay is considered fulfilled from the moment the funds are received on the Contractor's settlement account.
2.4. Acceptance of Works for each stage and the procedure for signing the acceptance certificate of Works is carried out in accordance with paragraphs. 4.2.-4.4. of this contract for design work.
2.5. When changing the Terms of Reference (Appendix No. 1) by agreement of the Parties, resulting in a change in the volume and cost of the Works, the Parties sign an additional agreement to this Agreement, which indicates the changed volumes and the new cost of the Works.

3. Deadlines for the completion of the Works
3.1. The deadlines for the completion of the Works are determined in the work schedule (Appendix No. 2), which is an integral part of the contract for design work.
3.2. In case of violation by the Customer of the terms stipulated by the work contract for:
a) payment of an advance;
b) payment for accepted work results;
the deadlines for the performance of the Works are postponed for the period of delay in the fulfillment by the Customer of the above obligations under the Contract, but not later than the term of the Contract as a whole.

4. Order of delivery and acceptance of Works
4.1. Acceptance by the Customer of the results of the Works that meet the requirements specified in clause 1.5. Contracts are carried out in the manner specified in paragraphs. 4.2, 4.3. contracts for design work.
4.2. Upon completion of the Works by stages, the Contractor shall transfer to the Customer the documentation developed for the relevant stage in five copies on paper and one copy in electronic form in the following formats:
- explanatory note and other text documentation in Microsoft Word, Excel formats;
- drawings in AutoCAD format;
- and the act of acceptance of the Works for the stage in two copies.
4.2.1. The Customer, within 5 (five) business days from the date of receipt, considers the submitted documentation and signs the acceptance certificate for the Works by stage or submits a reasoned refusal to accept.
4.3. If the Customer refuses to sign the acceptance certificate for the Works at the relevant stage, the Customer sends the Contractor a written reasoned refusal to accept the Works with a list of necessary improvements and the 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. contracts for design work listed in clause 4.2. Contract documents by mail. Within 5 (five) working days from the date of receipt by the Customer of 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 expiration of the specified period, the Customer does not send the signed act of acceptance of the completed Works or a reasoned refusal to the Contractor, the Works are considered accepted in full, of proper quality and payable in accordance with the terms of the Agreement.