Article 1 This contract is formulated in accordance with the Contract Law of People's Republic of China (PRC) and the Model Text of Construction Project Cost Consultation Contract (GJ-2002-02 12) promulgated by the Ministry of Construction and the State Administration for Industry and Commerce.
Article 2 A client entrusts a consultant to provide construction project cost consulting services for the following projects.
(1) Project name (full name): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Construction address (full name): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(3) Engineering consulting business scope:
(a) the preparation, examination and economic evaluation of the investment estimate of the feasibility study of the construction project;
(two) to prepare and review the budgetary estimate, budget, settlement and completion settlement of construction projects;
(c) Preparation and review of pre-tender estimate and tender offer for construction projects;
(d) Project negotiation, change, evaluation of contract disputes and claims;
(five) the preparation of the project cost valuation basis, monitoring the project cost, providing relevant project cost information.
Article 3 Obligations of Consultants and Clients
(a) obligations of consultants
1. Provide the client with information related to the engineering cost consulting business, including the qualification certificate of engineering cost consulting, the list of professionals undertaking the contract business, the consulting work plan, etc. , and carry out consulting business according to the scope agreed in the contract.
2. During the performance of this contract, the services provided by the Consultant to the Client include normal services, additional services and extra services.
( 1)? Normal service? Refers to the project cost consultation work agreed by both parties;
(2)? Additional services? You mean go in? Normal service? Additional services determined by written agreement between both parties;
(3)? Extra service? You mean you don't belong here? Normal service? And then what? Additional services? . Services further agreed by both parties within the validity period of the consulting contract. Additional workload increased according to Item 4 of Article 4 (1) and Item 3 of Article 5 (2) of the Contract.
3. After signing the contract, the consultant shall organize personnel to collect relevant information, actively consult the client's relevant requirements, form written materials to bind both parties according to the client's construction plan and requirements, and strictly implement them to ensure the smooth progress of the consulting work.
4. Consultants must complete the consulting work with high quality in accordance with national and provincial laws and regulations on project cost management, follow the principles of fairness, justice and legality, and safeguard the legitimate rights and interests of all parties.
5. During the performance of the contract or within the time limit stipulated in the contract, confidential information related to the commercial activities stipulated in this contract shall not be disclosed.
(2) Customer's obligations
1. The entrusting party is responsible for the coordination of the third party related to the cost consulting business of this construction project, and provides external conditions for the consultant's work.
2. The client shall provide the consultant with information and materials related to the consulting business of this project within the agreed time.
3. The client shall, within the agreed time, make a written reply to the matters submitted by the consultant in writing. When the consultant requests the third party to provide relevant information, the entrusting party shall be responsible for conveying and transmitting the information.
4. The entrusting party shall authorize the representative who is competent for the consulting business to contact the consultant.
Article 4 Rights of Consultants and Clients
(a) Rights of consultants
1. During the consultation, if the information provided by the client is unclear, the consultant may submit a written report to the client.
2. In the process of consultation, the consultant has the right to check or inquire about the questions raised by the third party related to this consulting business.
3. During the consultation, the consultant has the right to go to the project site for investigation.
4. If the consultant suspends or terminates the execution of the construction project cost consulting business due to reasons other than his own, the work added by resuming the execution of the construction project cost consulting business shall be regarded as extra service and entitled to extra time and remuneration.
(2) the rights of the client
1. The entrusting party has the right to ask the consultant about the work progress and related contents.
2. Customers have the right to elaborate opinions and suggestions on specific issues.
3. When the client determines by facts that the consulting professionals do not perform their duties according to the consulting contract, or collude with the third party due to gross negligence or cause economic losses to the client due to the wrong documents of the project cost consulting results, the client has the right to request the replacement of the consulting professionals until the contract is terminated, and requires the consultant to bear the corresponding liability for compensation.
Article 5 Responsibilities of Consultants and Clients
(A) the responsibilities of consultants
1. The responsibility period of the consultant is the validity period of the construction project cost consultation contract. If the progress is delayed or delayed beyond the agreed date due to the non-consultant's responsibility, both parties shall further agree to extend the validity of the contract accordingly.
2. During the responsibility period, the consultant shall perform the obligations stipulated in the construction project cost consultation contract, and compensate the client for the economic losses caused by the consultant's unilateral fault or dereliction of duty. Compensation amount = direct economic loss or contract fee calculated according to a certain proportion (excluding tax), and the total amount of accumulated compensation shall not exceed the total amount of construction project cost consulting fee (excluding tax).
3. If the consultant fails to check or answer the questions raised by the entrusting party or the third party in time, resulting in the failure to perform the contract in whole or in part, the consultant shall bear the responsibility.
4. If the consultant's claim for compensation from the entrusting party cannot be established, it shall compensate the entrusting party for all expenses arising from compensation or other demands.
5. The consultant shall be responsible for the authenticity, accuracy, rationality and legality of the consultation result documents (including the calculation of engineering quantity, the budget and final accounts of papers, editors, the bill of quantities, the pre-tender estimate, the tender offer and other relevant written and electronic documents) in a timely manner according to the contract, and the written information shall be clear.
(2) Customer's responsibility
1. The entrusting party shall perform the obligations stipulated in the contract. If it violates the contract, it shall bear the liability for breach of contract and compensate the consultant for the losses caused.
2. If the compensation or other requirements put forward by the client to the consultant cannot be established, the client shall compensate the consultant for the expenses incurred due to the compensation or other requirements.
3. If the consultant's work is hindered or delayed due to the client or a third party, which increases the workload or construction period, the consultant shall promptly notify the client in writing of this situation and the possible impact. The increased workload is regarded as extra service, and the client shall extend the time for completing the construction project cost consultation according to the actual extended time, and compensate the consultant for extra remuneration.
4. The client shall be responsible for the integrity and authenticity of the relevant materials and drawings provided by the project cost consulting project.
Article 6 Entry into force, modification and termination of a contract
(1) This contract shall come into effect as of the date of signature and seal by both parties.
(2) When one party requests to change or terminate the contract, it shall notify the other party before 14; If any loss is caused to one party due to the change or dissolution of the contract, the responsible party shall be responsible for compensation.
(3) The notice or agreement to change or terminate the contract shall be in written form, and the original contract shall remain valid until a new agreement is reached.
Article 7 Settlement of Contract Disputes
Compensation for losses and damages caused by breach of contract or termination of contract shall be settled by the client and consultant through consultation; If no agreement can be reached, it can be submitted to the relevant competent department for mediation; If negotiation or mediation fails, it shall be settled in the following _ _ _ _ _ _ _ way:
(a) submitted to the _ _ _ _ _ _ _ Arbitration Commission for arbitration;
(two) to bring a lawsuit to the people's court of _ _ _ _ _ _ according to law.
Eighth consulting business remuneration and payment methods.
(1) According to the Contract Law of People's Republic of China (PRC) and the Notice of Jiangxi Provincial Development Planning Commission on Regulating the Charges for Construction Project Cost Consulting Services (No.GJQ [2003] 1 177), the charges for normal services, additional services and extra services for construction project cost consulting are calculated as follows.
1. The Client agrees to pay the normal service fee of the Consultant according to the following calculation method, payment time and amount;
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