建设工程设计合同 （国家标准文本 中英文） Engineering Service Contract （专业建设工程设计合同） (Professional Engineering Service Contract For Construction Project) 工 程 名 称Name of the project: 工 程 地点Location of the project: 合 同 编建设工程设计合同 （国家标准文本 中英文）
Engineering Service Contract
(Professional Engineering Service Contract For Construction Project)
工 程 名 称Name of the project:
工 程 地点Location of the project:
合 同 编 号：（由设计人编填） Contract No.: (Filled in by the Designer)
设计证书等级：Level of the design certificate:
签 订 日期: Date of contract:
监制： 中华人民共和国建设部 国家工商行政管理部
Supervised by: Department of Construction
Administration for Industry and Commerce
发包人Employer: (Party A)
设计人Designer: (Party B)
发包人委托设计人承担 __________工程设计，工程地点为________ ，经双方协商一致，签订本合同，共同执行。
The Employer entrust the Designer to undertake the engineering design of the 10/0.4KV transformer station and the location for the project is within the plant of After friendly consultation, the Parties hereby sign this Contract as follows：
第一条 本合同签订论据Article 1 Basis for the conclusion of this Contract
The Contract Law of the People’s Republic of China; The Construction Law of the People’s Republic of China; Regulations on the Administration of the Market for Survey and Design of Engineering Construction.
National and local rules and regulations on the administration of the market for survey and design of engineering construction
Approval documents of the engineering construction
第二条 设计依据Article 2 Basis for design of the engineering construction
Letter of Authority or documents on letter of acceptance provided by the Employer to the Designer.
2.2发包人提交的基础资料Basic materials submitted by the Employer.
The main technological standards adopted by the Designer is as follows:
第三条 合同文件的优先次序Article 3 Priority of the contractual documents 构成本合同的文件可视为是能互相说明的，如果合同文件存在歧义或不一致，则根据如下优先次序来判断：
The several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies, the priority of the documents forming, the Contract shall be as follows:
3.2中标函（文件）The Letter of Acceptance (documents);
Requirements of the Employer and letter of authority;
3.4投标书 The Tender;
Article 4 Name, size, stages, investment and content of design(which may be filled in according to the characteristics of the industry)
Materials and documents delivered by the Employer to the Designer and time for delivery of materials and documents
序号资料及文件名称 份数 提交日期 有关事宜
Article 6 Delivery of design documents by the Designer to the constract issuing party and copies, location and time for the delivery
The Designer shall deliver to the Employer all set of drawings of the electrical design with eight copies in total. And the Employer may take all drawings from the Wuxi Civil Engineering Construction Institute Co., Ltd. on Dec.10th,
第七条 费用Article 7 Charges
The Parties agree that charges for the design hereunder shall be 4.5% of the total investment of the transformer (the appraised price of this contract shall be taken as basis). The basis for charges and the method of computing shall be in accordance with relevant national and local provisions.
Where there are no relevant national and local provisions, it shall be discussed and determined by the Parties.
第八条 支付方式Article 8 Terms of payment
Within three days upon the effectiveness of this contract, the Employer shall pay 1% of RMB 1,800,000yuan, the appraised price of investment to the transformer, namely RMB1,8000 yuan as the down payment.( the down payment shall be counted as the charges for design upon settlement of the contract).
The Designer shall submit eight sets of design documents to Party A for submission to the power supply department and the Employer will pay 3.5% of RMB 1,800,000yuan, the appraised price of investment to the transformer, namely RMB 6,3000 yuan, without any remainder.
The Parties shall entrust bank to collect and pay for relevant charges.
第九条 双方责任Article 9 Responsibilities of the Parties
9.1发包人责任Responsibilities of the Employer
The Employer shall submit to Designer basic materials and documents within specified period as provided in Article 5 of this contract and shall be responsible for the completeness, accuracy and time limit of the materials and documents. The Employer shall not require the Designer to conduct design in violation of relevant national standards.
In case there is a delay of less than 15 days exceeding the specified time limit for the delivery of the above materials and documents by the Employer, the time limit for the Designer to deliver design documents shall be extended accordingly; in case there is a delay of more than 15 days exceeding the specified time limit for the delivery of the above materials and documents by the Employer, the Designer shall have the right to re-determine the time for delivery of the design documents.
In case of the Designer’s rework on the design resulted for changes of the engineering, size and conditions of the design by the Employer or mistakes of the materials submitted or major revision on the submitted materials, the Parties shall conclude supplementary agreement separately (or conclude additional agreement) and redefine relevant terms and conditions, and the Employer should pay charges for rework to the Designer according to the workload.
The Employer has agreed before the conclusion of the contract that it will pay charges of design to the Designer for all the design works conducted by the Designer.
During the performance of the contract, if the Employer requires to terminate or cancel the contract before the Designer starts the design work, the Designer will not return the down payment already paid by the Employer; if the Designer has started the design work, the Employer shall pay for the actual workload already done by the Designer. When the actual workload of the design is less than half of the work at the stage, the Employer shall pay half of the payment for the design work at the stage. When the actual workload of the design is more than half of the work at the stage, the Employer shall pay all the payment for the design work at the stage.
The Employer should pay down payment as provided by the contract and receipt of down payment will be the symbol for the commencement of the design work by the Designer. The Designer shall have the right to put off the commencement date of the design work if it has not received the down payment and the time for delivery shall be extended accordingly.
The Employer should pay charges for design to the Designer at the amount and date provided in this Contract. For each day of overdue payment, 2‰ of the overdue payment shall be paid as damages for overdue payment and the time for delivery by the Designer shall be extended accordingly. Where the delay of payment has exceeded 30 days, the Designer shall have the right to suspend the performance of the work at the next stage and give written notice to the Employer. In case the higher authority or competent department of design approval would not approve the design documents or the engineering construction of this contract is suspended or stopped, the Employer should pay the payable charges for design.
If the Employer require the Designer to delivery the design documents in advance, it should get the prior consent of the Designer without serious deviation from the reasonable design circle, and the Employer shall pay the crush cost.
The Employer should offer conveniences in aspects of working, living and traffic and necessary labor-protection equipments.
The Employer shall be responsible for the national standard drawing, ministerial standard drawing and local standard drawings.
The Employer shall bear the expenses for receiving foreign expert in charge of the engineering to the Designer’s office (including expenses on fax, telephone and office affairs).
The Designer should carry out design work in accordance with technological rules and standards provided in this contract or the state, and deliver design documents as the content, time and copies specified in Article 6 of this Contract (except for the circumstances provided in Art. 9.1.1, 9.1.2, 9.1.4, 9.1.5 under which the delivery of design documents may be extended), and shall be responsible for the quality of the design documents.
The design life of the engineering construction shall be years.
The Designer shall be responsible for the scrutiny on the foreign investor’s design material and contact on the design of the engineering.
The Designer shall be responsible for the revision or supplement to the mistakes or omission of the design documents. If any engineering quality accidents happen because of the Designer’s fault, the Designer should be responsible for taking remedial measures as well as reduce the design charges on the affected part of the design work and compensate the Employer according to the degree of loss. The amount of the damages for compensation shall be discussed and determined by the Parties as % of the actual loss.
If the delivery of design documents are delayed for the Designer’s reason, each day overdue will resulted in the reduction of 2‰ of the design charges for the engineering.
After the contract enter into force, the Designer may require termination or cancellation of the contract and the Designer should return the down payment in double.
Upon delivery of the design documents, the Designer shall participate in the inspection on the design by the relevant higher authority as provide and shall be responsible for necessary adjustment and supplements to the content within the original scope of the design according to the inspection conclusion. The Designer shall start the construction within one year upon delivery of the design documents within the specified time limit and shall be responsible for the technological disclosure to the Employer and construction unit, handling with relevant matters on design and participation in the acceptance upon completion of the engineering construction. In case the engineering construction has not started within one year, the Designer shall still be responsible for the above work and may collect reasonable service fee for consultancy from the Employer according to the needed workload. The amount of the service fee shall be discussed and determined by the Parties.
第十条 保密Article 10 Confidentiality
Both Parties shall protect each other’s intellectual property rights. Without prior consent, neither party shall revise, copy or transfer to a third party or use for the project other than the project of this Contract any materials and documents of the other party. Under such circumstances, the disclosing party shall be responsible for all the any consequence it resulted and shall bear the relevant compensation
第十一条 仲裁Article 11: Arbitration
If any disputes arises in connection with this Engineering Service Contract, it shall be settle by friendly consultation of the Parties, or be submitted to the competent local construction administration department for mediation. Where the dispute can not be settle by mediation, it shall be submitted to the Wuxi Arbitration Committee for settlement. Where the Parties has not agreed on the arbitration organization in the Contract nor conclude arbitration agreement in written form, the dispute will be brought to the People’s Court.
第十二条 合同生效及其他Article 12: Contract effective and miscellaneous
As per the request of the Employer for dispatch of personnel to stay on the Construction site so as to coordinate and solve relevant issues, the individual technical consultant service contract shall be signed by both parties.
Service provided by the Designer for the Project in this Contract will be concluded until the completion of construction and installation.
In the projects of the Contract, Designer shall not appoint manufacturers or Designers of construction materials and equipments. Where there is a necessity that Designer shall cooperate with Employer in ordering the process of construction materials and equipments, the relevant fee shall be paid by Employer.
The Employer entrusted the Designer to cooperate with the engineering work of imported project and design personnel undertaking relevant design assignment shall be included in all stages from enquiry, business negotiation, domestic and overseas technical inspection until the production period. The fee for overseas business trip and other relevant fee will be paid by Employer except the fee for purchasing dress.
Additional agreement for any other service, which Employer entrusts Designer to provide, however, out of the scope of the Contract, shall be signed and the payment shall be paid correspondingly.
For any failure to perform any term or condition of this Contract due to the force majeure, both parties shall, in good faith, attempt to settle amicably and by mutual agreement.
The Contract is effective once after both parties stamped and signed. There are totally __3__ copies of the Contract, Employer retains __2__ copies, and Designer retains __1__ copies.
Once this Contract became effective, it should be registered in the Auditing Section stipulated by Provincial Administrative Ministry of Construction where the Project locates. Where is necessity mutually agreed by both parties, the Contract shall be certified by Local Administration for Industry and Commerce. This Contract is to be concluded once after both parties fulfilled their own responsibilities.
Any correspondence, include faxes, telegram, meeting minutes agreed by both parties, are components of the Contract, which shall have the same validity with this Contract.
As for matters not covered in this Agreement, supplementary agreement may be concluded by the Parties separately and such supplementary agreement shall have the same legal validity with this Contract.
Name of the Employer: Name of the Designer:
（盖章） (Stamp) （盖章）(Stamp)
Legal representative: (signature) Legal representative: (signature)
Authorized proxy: (signature) Authorized proxy: (signature)
住 所：Address 住 所：Address
邮政编码：Postal code 邮政编码：Postal code
电 话：Tel. 电 话：Tel.
传 真：Fax 传 真：Fax
银行帐号：Bank account 银行帐号：Bank account
建设行政主管部门备案： 鉴证意见：Verification opinion:
Record at the competent construction
备案号：Record No.: 经办人：Handling person: