Sample contract for the development of project documentation. Some features of the legal regulation of the contract for the performance of design work

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 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 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:

Contract No.

for the development of project documentation

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

1. The Subject of the Agreement

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

1.2. The documentation is developed by the Contractor on the basis of:

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

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

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

1.3. The initial data for the design and the results of engineering surveys in accordance with Appendix No. 1 to this contract must be provided by the Customer within 30 and 45 days according to the date of conclusion of this agreement.

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

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

2. Rights and Obligations of the parties

2.1. The customer undertakes:

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

2.1.2. Provide the Contractor with the documents and information necessary for the performance of the Works under this contract, as well as be responsible for their completeness and accuracy.

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

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

2.1.5. If it is necessary to process or correct the Documentation on its own initiative, together with the Contractor, determine the scope and cost of the specified Works and set the terms for their implementation and payment in the relevant Supplementary Agreement.

2.1.6. Assist the Contractor in the performance of the Work to the extent and on the terms stipulated by the Contract.

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

2.2. The contractor undertakes:

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

2.2.2. Within 5 (five) working days from the date of receipt of each source or permit document, inform the Customer in writing if the requirements or conditions of this document are inconsistent with the design solutions adopted by the Parties and developed by the Contractor. In the presence of such inconsistencies, the document is considered not transferred by the Customer with the onset of consequences in accordance with the terms of this agreement.

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

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

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

2.2.6. Within the terms additionally determined by the Parties, at their own expense, eliminate deficiencies and supplement the Documentation on the comments of the coordinating organizations, if the latter are the result of an error or imperfection of the Contractor.

2.2.7. Make corrections according to the comments of the Customer or authorized state bodies at his own expense, if errors were made through the fault of the Contractor.

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

2.2.9. To inform the Customer, at his request, about the state of affairs in the implementation of this agreement.

2.2.10. In writing, inform the Customer in a timely manner about the circumstances that prevent the Contractor from fulfilling the contractual obligations assumed.

2.2.11. The Contractor, at its own discretion, engage third parties for the performance of the Works and/or part thereof, concluding relevant subcontract agreements with them. In this case, the responsibility to the Customer for the quality of the Works and the choice of a subcontractor shall be borne by the Contractor.

2.3. The Parties establish that making any changes to the Documentation, as well as other documents (initial data, results of engineering surveys) is possible only subject to prior agreement with the Chief Engineer of the Customer.

3. Procedure and terms of work performance

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

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

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

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

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

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

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

3.8. The Contractor undertakes to carry out the necessary approvals of project documentation with authorized state bodies and local governments.

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

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

3.11. The duration of the Works does not include the time spent on the approval of the Documentation by the Contractor with the Customer's services, authorized state bodies and local governments.

3.12. In case of non-compliance by the Customer with the established deadlines:

Providing initial data and results of engineering surveys;

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

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

Payment for completed stages of the Works;

The deadlines for the performance of the Works under this agreement are postponed accordingly for the period of delay in the fulfillment by the Customer of its obligations under this agreement with a written notification of the Customer about the reasons and terms for prolonging the agreement and / or its individual stages.

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

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

3.14.1. Consideration of the results of the Work presented by the Contractor and / or its stages by the Customer is carried out within 10 (ten) business days from the date of receipt of the work package.

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

3.14.3. If the Customer refuses to accept the Work, the Parties, within 2 working days from the moment the Contractor receives a reasoned refusal, draw up an Act with a list of shortcomings, necessary improvements and deadlines for their implementation. For completion and correction of existing deficiencies, the Parties set a time limit for each specific case, depending on the volume and nature of the improvements and corrections.

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

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

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

4. Cost of work and payment procedure

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

4.2. As agreed by the parties, the cost of the Works under this contract is ______ rubles, VAT is not included.

4.3. The cost of work under this contract is not subject to value added tax (VAT) in connection with the use by the Contractor of a simplified taxation system on the basis of clause 2 of Art. 346.11 of Chapter 26.2 of Part 2 of the Tax Code of the Russian Federation.

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

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

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

4.7. The remaining amount of ___________ rubles The Customer shall pay the Contractor within 10 days from the date of receipt of a positive conclusion of the State Expertise of the project documentation.

4.8. The date of payment is the date of receipt of funds to the account of the Contractor.

5. Liability of the parties

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

5.2. The Contractor shall not be liable for failure to fulfill obligations under this Agreement if it is caused by the Customer's action or inaction, which resulted in his failure to fulfill his own obligations under this Agreement to the Contractor.

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

5.4. In case of delay in payment for the completed Works (part and/or Stage), delay in the provision of initial and/or permits for more than 14 (fourteen) banking days, the Contractor has the right to suspend the execution of Works at all stages of the design stages until the relevant Agreement on further conditions is signed and deadlines for the performance of the Works.

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

5.7. The payment of penalties does not release the Parties from the performance of obligations in kind. Voluntary recognition of penalties is their receipt on the account of the Party that submitted a written request and justification for their collection.

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

The following events are considered as cases of force majeure, in particular: flood, earthquake, fire and other natural disasters, war, hostilities, acts of authorities and administration that affect the performance of obligations.

Evidence of the existence of the above circumstances and their duration are certificates issued by authorized organizations in accordance with the current legislation of the Russian Federation. The party affected by force majeure must immediately notify the other party by telegram or letter, incl. e-mail or fax about the type and possible duration of force majeure, as well as other circumstances that prevent the performance of contractual obligations. If the occurrence of the aforementioned circumstances is not notified in a timely manner, then the party affected by the force majeure is not entitled to refer to it, except in the case when the force majeure circumstance prevents the sending of such a report in time.

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

6. Relationships of the parties.

The procedure for changing and terminating the contract

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

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

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

6.4. At the request of the Contractor, this contract may be early terminated unilaterally in cases where the Customer has not fulfilled the obligation to pay the advance on time or has not paid the advance in full (payment delay for more than 3 months), has not transferred the initial permit documentation (delay more than 3 months).

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

6.5. In the event of termination of the Work or its suspension under this agreement (at the initiative of the Customer, by agreement of the parties, under other conditions provided for by this agreement and current legislation), the Customer is obliged to accept from the Contractor under the Acceptance Certificate the Work in the amount in which it was completed at the time of termination of this agreement and pay its cost, determined by the Contractor, based on the volume of the actually performed Work, the conditions and price of this agreement, advance payments made by the Customer. Payment by the Customer and transfer by the Contractor of unfinished Works shall be made in the manner prescribed by this Agreement. Incomplete works are transferred by the Contractor in the 1st copy on paper.

6.6. This Agreement is made in two copies, having equal legal force, one for each Party.

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

handed over in person;

Sent by registered mail with acknowledgment of receipt.

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

6.8. The Parties shall take measures to directly resolve disputes arising from the execution, amendment or termination of this Agreement through direct negotiations between authorized representatives of the Parties.

6.9. When negotiating by correspondence on the terms of this agreement (including claims), as well as to resolve the issues raised as part of the fulfillment of obligations under this agreement, agreeing on the terms of annexes and agreements to this agreement, the Parties set a period for their consideration no more than 7 -and (seven) working days. In the event of disputes and failure to reach agreement between the Parties, the dispute is referred to the arbitration court at the Chamber of Commerce and Industry of the Samara Region.

7. Special conditions

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

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

7.3. The Contractor must be fully indicated in any publications, printed publications, photographic materials undertaken by the Customer on the object reflected in the subject of this contract. In the case of further design based on materials developed by the Contractor under this contract, other design organizations, the Customer is obliged to involve the Contractor for the author's support.

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

7.5. All negotiations and correspondence, commercial offers prior to the signing of this agreement shall be considered invalid in case of their discrepancy with this agreement.

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

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

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

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 on a legal basis and located at: (hereinafter referred to as the Object). A complete list of 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 of the 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 of funds in the Contractor's settlement account 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 services of coordinating organizations, execution of conclusions, approvals, and other permits are 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 there is a need 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. The total term for the performance of work under the contract is determined by the parties and is - calendar months from the date of commencement of the 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 is considered to have duly executed this Agreement only after the Customer has accepted (approved) the design and technical documentation in full as provided for in this Agreement.

4.3. The Customer, no later than working days from the date of receipt of the documentation specified in clause 1.4 of this agreement, signs the Work Acceptance Certificate under the agreement 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 shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of the Russian Federation.

5.2. The contractor is responsible for 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: military operations, 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 to the other Party by registered mail.

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.

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 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 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 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 _________________