美国建筑设计咨询及项目管理协议(英文版)

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美国咨询合同(英文版)

TABLE OF CONTENTS1. Work to be Performed. 咨询事项2. Compensation. 报酬3. Independent Contractor Relationship. 对方各自独立的关系4. Ownership of Work Product. 工作成果的所有权5. Confidentiality. 保密6. General Provisions. 一般性规定This Consulting Contract is being entered into by X Company (“Client”) and Jane Doe (“Consultant”) this ____ day of .1. Work to be Performed. 咨询事项See attached project plan.2. Compensation. 报酬Client shall pay Consultant $ ___ per hour due on or before the first Friday following the end of any week in which Consultant performs services for Client.ORClient shall pay Consultant a flat fee of $___ as total compensation for the project described below. Payment shall be made as follows:a. $___ due before work will begin, andb. $___ due upon receipt of final deliverable.3. Independent Contractor Relationship. 对方各自独立的关系Consultant's relationship with Client will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Consultant’s compensation will be subject to withholding by Client for the payment of any social security, federal, state ,or any other employee payroll taxes.4. Ownership of Work Product. 工作成果的所有权Consultant agrees that all work product developed by her alone or in conjunction with others in connection with the performance of services pursuant to this Agreement is and shall be the sole property of Client, and Consultant shall retain no ownership, interest, or rights therein. Work product includes but is not limited to reports, graphics, memoranda, slogans, and taglines.5. Confidentiality. 保密5.1 Definition of Confidential Information. "CONFIDENTIAL INFORMATION" as used in this Agreement shall mean any and all technical and non-technical information including patent, copyright, trade secret, proprietary information, computer files, and client information related to the past, current, future, and proposed services of Client and includes, without limitation, Client property, and Client's information concerning customers, research, financial information, purchasing, business forecasts, sales and merchandising, and marketing plans and information. 5.2 Nondisclosure and Nonuse Obligations. Consultant agrees to protect the confidentiality of all Confidential Information and, except as permitted in this section, Consultant shall neither use nordisclose the Confidential Information. Consultant may use the Confidential Information solely to perform consulting services under this Agreement for the benefit of Client.5.3 Exclusion from Nondisclosure and Nonuse Obligations. Consultant's obligations under Section 5.2 ("NONDISCLOSURE AND NONUSE OBLIGATIONS") with respect to any portion of the Confidential Information shall not apply to any such portion that Consultant can demonstrate (a) was in the public domain at or subsequent to the time such portion was communicated to Consultant by Client; (b) was rightfully in Consultant's possession free of any obligation of confidence at or subsequent to the time such portion was communicated to Consultant by Client; or (c) was developed by Consultant independently of and without reference to any information communicated to Consultant by Client. A disclosure of Confidential Information by Consultant, either (i) in response to a valid order by a court or other governmental body, (ii) otherwise required by law, or (iii) necessary to establish the rights of either party under this Agreement, shall not be considered a breach of this Agreement or a waiver of confidentiality for other purposes, provided, however, that Consultant shall provide prompt written notice thereof to Client to enable Client to seek a protective order or otherwise prevent such disclosure.6. General Provisions. 一般性规定6.1 Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Indiana. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Indiana, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Indiana, such personal jurisdiction shall be nonexclusive.6.2 Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.6.3 Injunctive Relief for Breach. Consultant agrees that her obligations under this Agreement are of a unique character that gives them particular value; Consultant's breach of any of such obligations will result in irreparable and continuing damage to Client for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper, including monetary damages if appropriate.CLIENTCONSULTANT。

项目管理咨询服务合同(中英文对照)

第三条为保证乙方有效进行技术服务工作，甲方应当向乙方提供下列工作条件：1 甲方若已有以下资料应免费提供乙方一份；①建设单位情况；②项目建议书及批准文件；③建设项目选址意见书；④规划局有关规划参数的批准文件；⑤经有关方面征询的地块建设项目的规划、环境保护、园林绿化、卫生防疫、水、电、煤、通信、交通和消防等；⑥土地权属证明（房地产权证）及其他相关文件；⑦建设基地动迁量及市政配套情况（包括动迁安置补偿情况、大市政配套情况等）；⑧地形图、地质资料；⑨规划设计总体位置平面图；周围环境及其规划情况；拟建项目的规划用途及分类情况；⑩规划设计方案想法说明：（总建筑面积、容积率、绿化率、设计户型、结构类型、装修标准、供配电、煤气容量）⑪如享受减免优惠政策的文件或说明（公建配套费、人防费等）⑫建设项目的资金筹措及资金流入情况；2.其他⑴甲方提供的资料应准确无误，若乙方对甲方提供的资料或数据有异议时，甲方应及时负责解答，并尽可能给乙方的工作提供方便；⑵甲方应对乙方工作提供及时的、合理的相关协助。

同时甲方应该提前半天通知乙方急需要解决的相关事情；第四条甲方向乙方支付技术服务费及支付方式：1. 乙方项目管理服务费暂按万元的基数和优惠后的包干费率工程造价的1%2. 设计、勘察、监理、施工、材料招标代理费可以减免甲方部分相关费用，如甲方要收取乙方相关费用，可以在招标时招标文件中说明。

3. 服务费有甲方分期支付乙方：具体支付方式和时间如下：a、本合同签定后3日内，甲方向乙方预付项目管理服务费的20%，作为项目启动资金；b、施工招标代理工作完成后，甲方向乙方支付到项目管理服务费的40%；c、根据总工期按每月平均支付项目管理服务费的95%；d、竣工验收完毕，甲方向乙方一次性付清余款。

4. 乙方开户行和帐号：开户行：帐号：第五条双方确定在履行本合同期间应遵守的保密义务，乙方对甲方提供的资料按甲方的要求承担保密义务；甲方对乙方提供的成果报告等承担保密义务。

工程咨询合同英文版本

工程咨询合同英文版本---Engineering Consultancy Services AgreementThis Agreement made on [Date] etween:Client: [Client's Full Name]Address: [Client's Address](Hereinafter referred to as "the Client")andConsultant: [Consultant's Full Name or Consulting Firm's Name]Address: [Consultant's Address](Hereinafter referred to as "the Consultant")Recitals:The Client is engaged in [Nature of Client's usiness], and desires to engage the services of the Consultant for the urose of roviding rofessional engineering consultancy services in relation to [Details of roject or Service].The Consultant agrees to rovide such services in accordance with the terms and conditions set forth herein.Article 1: Scoe of ServicesThe Consultant shall rovide the following services to the Client:1. [Detailed Descrition of Services]2. [Secific Tasks or Deliverales]3. [roject Timeline and Milestones]4. [Any Other Services Agreed Uon]Article 2: Terms of Engagement1. The Consultant shall commence the services uon receiving a written notice from the Client and shall comlete the services within [Timeframe or Secific Date].2. The Consultant shall erform all services in conformity with industry standards and in comliance with all alicale laws and regulations.3. The Client shall cooerate with the Consultant y roviding access to necessary information, ersonnel, and facilities required for the effective erformance of services.Article 3: Fees and ayment1. The Consultant's total fee for the services shall e [Total Fee Amount], ayale as follows:- [Down ayment Details]- [rogress ayment Details]- [Final ayment Details]2. All ayments shall e made to the Consultant at the following address:[Consultant's ayment Address]3. Any taxes or duties incurred as a result of this Agreement shall e orne y the resective arty as er the agreement or local law.Article 4: Resonsiilities1. The Consultant shall maintain confidentiality regarding any rorietary information or trade secrets disclosed y the Client during the course of their engagement.2. The Client shall romtly rovide any necessary information or documentation requested y the Consultant to carry out the services effectively.3. oth arties shall act in good faith and erform their oligations under this Agreement in a timely manner.Article 5: TerminationEither arty may terminate this Agreement uon [Notice eriod] days written notice if the other arty fails to fulfill its oligations as outlined in this Agreement.Article 6: Governing Law and Disute ResolutionThis Agreement shall e governed y and construed in accordance with the laws of [Governing Law Country]. Any disutes arising out of or in connection with this Agreement shall first e attemted to e resolved through mutual consultation. If unresolved, the disute shall e referred to [Method of Disute Resolution], which shall e inding on oth arties.Article 7: Miscellaneous1. This Agreement constitutes the entire understanding etween the arties and suersedes all rior negotiations, reresentations, or agreements, whether oral or written.2. Any amendment, modification, or waiver of any rovision of this Agreement must e in writing and signed y oth arties.3. This Agreement may e executed in counterarts, each of which shall e deemed an original, and all of which together shall constitute one single instrument.IN WITNESS WHEREOF, the arties have executed this Agreement as of the date first aove written.Client: ___________________________________[Client's Signature]Consultant: _________________________________[Consultant's Signature]---。

美国建筑工程通用条款附件(英文版)

TABLE OF CONTENTSGENERAL CONDITIONS 一般条款ARTICLE 1 –GENERAL PROVISIONS 一般性规定ARTICLE 2—OWNER 业主ARTICLE 3—CONTRACTOR 承包商ARTICLE 4—ARCHITECT 建筑师ARTICLE 5—SUBCONTRACTORS 分包商ARTICLE 6—CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS由业主或者独立承包商完成的建设ARTICLE 7—CHANGES IN THE WORK 工程的变更ARTICLE 8—TIME 期限ARTICLE 9—PAYMENTS AND COMPLETION 支付款项与竣工ARTICLE 10—PROTECTION OF PERSONS AND PROPERTY 对人员和财产的保护ARTICLE 11—INSURANCE AND BONDS 保险与保证金ARTICLE 12—UNCOVERING AND CORRECTION OF WORK 工程的检查与整改ARTICLE 13—MISCELLANEOUS PROVISIONS 其他规定ARTICLE 14—TERMINATION OR SUSPENSION OF THE CONTRACT 合同终止与暂停ARTICLE 15 —CLAIMS AND DISPUTES 索赔与纠纷ARTICLE 16—APPROVAL 批准GENERAL CONDITIONS 一般条款The Community Development Administration ("CDA") is a division within the Department of Housing and Community Development of the State Of Maryland, and is located at 100 Community Place, Crownsville, Maryland 21032. The CDA Supplementary General Conditions –2009 Edition ( CDA Supplementary Conditions) refers to the articles of, or adds new sub-articles to, the 2007 AlA Document A201—General Conditions of the Contract for Construction. Together with the 2007 AlA Standard Form of Agreement Between Owner and Contractor and the AlA General Conditions, CDA's Supplementary General Conditions provides a comprehensive contract agreement that delineates the duties and responsibilities of all relevant parties and serves to clarify and protect the interests of the lender in the construction administration process. This document shall take precedence over any and all contract provisions, general conditions or addenda issued prior to or after the execution of the CDA Supplementary General Conditions. The Building Loan Agreement entered into by the Owner and CDA shall take precedence over all conflicting contract provisions.CDA generally recognizes the compatibility of the AlA Document A201- 2007 General Conditions of the Contract for Construction with its programmatic regulations and its interests in the construction administration process. Whereas much of the revised language appears to enhance the A201-1997 General Conditions rather than substantively change the terms, several provisions vary significantly from those found in the A201-1997 and should be thoroughly reviewed by all effected parties prior to executing the Construction Contract. Some of these revised provisions include, but are not necessarily limited to, procedures addressing changes in work, retainage and the parties’reporting obligations. It is intended that the CDA Supplementary General Conditions shall be incorporated into all project manuals prior to the bidding process.ARTICLE 1 –GENERAL PROVISIONS 一般性规定A. The Contract Documents describe a complete project ready for occupancy and contemplate finished work-in-place of industry standards, or better in character and quality. The Contractor agrees that all work shall be in compliance with (1) customary good industry practices, (2) the final approved plans, specifications and addenda, if any, and (3) to the best of his ability and knowledge, complies with all applicable ordinances, codes and regulations of all public bodies having any jurisdiction over the project. The Contractor shall cooperate with the Owner, Architect, Lender(s), and other contractors in coordinating the work to be performed under separate contracts. The Contractor agrees that in absence of details or the lack of the repetition of details on the drawings or documents, the figures or notes given on one or another shall be used and that the lack of repetition shall not be cause for additional time or money.B. Upon completion of construction, the Contractor shall furnish to CDA one set of complete as built drawings. These drawings shall be identified and marked up neatly, legibly, and in a manner as directed by the Architect so as to indicate any and all major and minor variations from the original drawings.C. The Contractor and Architect, through the Owner, are obligated to provide written notification to CDA detailing any deviations from the final approved contract documents in regard to changes in the work, potential liens, cost variations, unusual and unanticipated field conditions, changes or problems in scheduling of the work leading to the inability to complete the project within the time specified in the approved contract agreement and any other significant modifications inconsistent with the provisions of the approved contract documents. In addition to the owner's approval, CDA's written approval must be secured prior to executing any changes in the contract documents after the initial closing of the loan.D. The Contractor agrees to make a good faith effort to award the equivalent of 25% of the total approved construction contract to certified minority business enterprises for contracts for professional and technical services and for project related labor and materials. The Contractor shall provide evidence of either (i) compliance with this provision D or (ii) if unable to meet the 25% goal, his good faith effort to comply.E. CDA and its agents shall at all times during construction and/or rehabilitation have the right to enter and to inspect all work done, and all materials, equipment and other matters relating to the Project.F. A field progress meeting will be held minimally twice a month on a regularly scheduled basis. The Borrower, Contractor, Architect and CDA field representative shall meet to discuss the general progress of the job and any concerns of an administrative or technical nature. Preferably the Architect shall provide, or arrange for, written meeting minutes to be kept and promptly made available to CDA. With CDA approval, the Contractor can assume the responsibility of keeping and distributing the meeting minutes. During one of the bimonthly meetings, a sufficient amount of time shall be set aside to review the application for payment in detail. The Borrower,Contractor, Architect and CDA field representative shall agree on the percentage of work completed and in place and the amount of stored materials on-site and off-site. No variation in the percentage of work complete will be allowed from the amount agreed upon at this meeting.G. The Contractor shall provide 100% Payment and Performance Bonds each in the amount of 100% of the Construction Contract satisfactory in all respects to CDA and naming the Department of Housing and Community Development or CDA as an Obligee (as determined by the Department of Housing and Community Development). Alternatively, the Contractor may provide two unconditional, irrevocable letters of credit acceptable in all respects to CDA each in an amount equal to 25% of the total contract sum of the Construction Contract.H. All funds disbursed for work on the project will be released in a single party check or through wire transfer payable directly to the Ownership entity. CDA shall reserve the right to provide dual party checks payable to the Owner and Contractor or, at CDA's option, directly to the Contractor or such persons and/or entities as have actually supplied labor, material, or services for the construction of the project.ARTICLE 2—OWNER 业主A. The parties acknowledge that the Owner has entered into legally binding agreements with CDA relative to funding from CDA for, among other things, all or part of the construction costs of the project. In connection therewith, the Owner has committed to satisfying certain requirements as set forth in the Building Loan Agreement that governs conditions for disbursements, assurances of completion, retention, change orders, progress meetings, events and remedies for events of default, etc.Although every effort has been made to incorporate the provisions of the Building Loan Agreement that are relevant to the Contractor, Owner and Architect relationships into the CDA Supplementary General Conditions, it is recommended that all parties jointly review the standard form of the document to ensure their understanding and acceptance of the provisions that may effect their contracts and agreements. This document shall take precedence over any and all contract provisions.B. The Owner shall provide immediate written notification to CDA of any event or conditions that threaten the quality and timely completion of the project.ARTICLE 3—CONTRACTOR 承包商A. The Contractor covenants with the Owner to furnish his best skill and judgment and to cooperate with the Owner, Architect and CDA. The Contractor agrees to furnish efficient and skilled business administration and supervision, to provide an adequate supply of skilled workers and materials, and to execute the work to industry standards in the most efficient and expeditious manner.B. Prior to the commencement of the work, the Contractor shall notify CDA and the Architect inwriting of the person authorized to execute and deliver on behalf of the Contractor any certificates, affidavits, notices or other instruments the Contractor is required to furnish, which authorization shall remain in full force and affect until the Contractor substitutes another person approved in writing by the Architect and CDA.C. The Contractor shall guarantee against (1) any defects in workmanship, and (2) any defects in materials or equipment, and shall warrant that all materials and equipment shall perform and function as specified in the manufacturer's warranty. All such guarantees and warranties shall extend for a period of one year from the date of Substantial Completion (as defined in Article 9 E herein), unless a longer period is specified elsewhere by the contract documents. All warranties for appliances, equipment and other items shall be submitted to the Owner upon completion of the Project.D. The Contractor shall immediately notify the Architect and CDA of the delivery of all permits, licenses, certificates and instruments required by law, and shall cause them to be displayed to the Architect or CDA upon request.E. The Contractor warrants that he is and will be at all times during the construction of the Project, financially solvent, able to pay his debts as they mature, and has available, sufficient working capital to complete this Contract. The Contractor warrants that at all times during the construction of the Project, the Contractor will be able to furnish the tools, materials, supplies, equipment and labor to complete the Contract; that it has the experience and competence to perform the work contemplated by this Contract; and it is authorized to do business in the State of Maryland. From time to time, at the request of the Owner or CDA' the Contractor will provide reasonable evidence of its compliance with the foregoing.F. The Contractor warrants that it hold s such licenses, permits or certifications as required by law to perform all services and obligations contemplated in this Contract, and that it will maintain such licenses, permits and certifications in full force and effect at all times during the construction of the Project.G. The Contractor shall supply to the Owner, Architect and CDA, a construction schedule in a bar chart format that provides an outline for scheduling and completing all work phases. The schedule shall be revised at appropriate intervals and copies of updated schedules will be provided to all relevant parties at each progress meeting or as required.ARTICLE 4—ARCHITECT 建筑师A. CDA shall reserve the right to reject work that does not conform to the contract documents.ARTICLE 5—SUBCONTRACTORS 分包商A. The Contractor shall not subcontract more than 50% of the work hereunder to any one subcontractor, or more than 75% of the work hereunder to three or less subcontractors andremain entitled to a standard fee. The term subcontractor shall include material suppliers and equipment leases. Any two or more subcontractors having an identity of interest or common ownership shall be considered as one subcontractor. Identity of interest subcontractors will be allowed to perform on the job consistent with the provisions noted above but must provide evidence that their bids are competitive or lower than non-related firms engaged in the same work.ARTICLE 6—CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS由业主或者独立承包商完成的建设A. Any request by the Owner to perform construction or operations related to the Project with the Owner's own employees must be approved in advance by CDA.ARTICLE 7—CHANGES IN THE WORK 工程的变更A. Any proposed amendment or modification to the contract documents regarding specifications, scope of work, drawings, costs, time, etc., must be presented to CDA for written approval prior to the commencement of the work item. Failure to secure CDA's written approval shall be construed as an act outside the Contract Agreement and CDA shall not be responsible for any claims or payments associated with unapproved change orders. CDA will provide independent approval of change orders. CDA has no obligation to recognize change orders approved by others. Change orders should be submitted to CDA for approval prior to obtaining approval from other financing entities.If the change order is approved by CDA, a sum of money equal to the cost of the change order increasing the cost of the project must be escrowed with CDA from funds other than the proceeds of the loan if CDA determines loan funds are insufficient to cover the costs to complete the project. Where contingency funds have been incorporated into the loan for potential changes, these funds may be utilized for CDA approved change orders. CDA reserves the right to approve a change order for construction purposes only and not to approve it for disbursement of loan funds. CDA will disburse any funds escrowed by the Owner for the cost of a change order as the work is completed in the same manner as disbursements are made on the loan.B. The cost of the change shall not exceed an amount agreed to in advance by the owner, Architect, Contractor and CDA, and shall be limited to the percentage markup established within the Owner/Contractor Agreement identified as the contractor's fee. For projects where the Contractor is in an identity of interest relationship with the Owner, the mark-up for changes in the work will be identical to the percentage allowed as Builder's Overhead. Notwithstanding the foregoing, in no event will a mark-up in excess of 8% be allowed for non-identity of interest contractors and 3% for identity of interest contractors.C. Presentation or notification of pending change orders to be submitted to CDA must occur prior to the project reaching Substantial Completion.D. Change order work will be subject to the same bonding requirements as the Contract work. In addition to the Contractor’s mark-up, the cost for the additional bond premium can be added to individual change orders provided it does not exceed the rate applied to the Contract work. The Contractor alternately may elect to submit a separate change order for the increased bond premium costs in total for all the approved change orders.ARTICLE 8—TIME 期限A. Any act of premature commencement of construction on the project site without prior knowledge and approval of CDA, shall be construed as an act outside the Contract Agreement and CDA shall not be responsible for any claims or payments.B. The Owner or CDA may suffer financial loss if the project is not completed within the time period designated within the Owner/ Contractor Agreement. The Contractor will notify the Owner and CDA at such time as he is aware that this obligation cannot be met and will simultaneously submit a change order for a time extension.ARTICLE 9—PAYMENTS AND COMPLETION 支付款项与竣工A. The basis for reviewing the Contractor's Application for Payment (AlA forms G702 and G703) will be based on the schedule of values previously submitted to CDA on the CDA form documents 212 and 215.B. Each month after the commencement of the work, the Contractor shall make a monthly request for payment (in two original forms) through the Owner for work done during the preceding month. Only work in place at the time of the progress/requisition meeting will be considered for payment. Requests for projected or anticipated future work completion will not be approved. Subject to the approval of the Owner Architect, and CDA, the Contractor shall be entitled to payment in an amount equal to (1) the total value of classes of the work acceptably completed; plus (2) the value of materials and equipment not incorporated in the work, but delivered to and suitably stored and insured at the site or in bonded warehouses; less (3) 10% holdback and less prior payments. The values of both (1) and (2) shall be computed in accordance with the amounts assigned to classes of the work in the CDA form documents 212 and 215. The Contractor agrees that no materials or equipment required by the Specifications will be purchased under a conditional sale contract or with the use of any security agreement or other vendor's title or lien retention instrument.The Contractor shall attach to each request for payments its acknowledgment of payment, and all sub-contractors and suppliers acknowledgments of payment, for work done and materials, equipment and fixtures furnished through the date covered by the previous payment. Concurrently with the final payment, the Contractor shall execute a waiver or release of lien for all work performed and materials furnished hereunder.Applications for payment may include requests for payment resulting from changes in the workonly if such changes have formally been approved by CDA. A copy of the approved change order must accompany the application.C. CDA shall endeavor to make payments to the Owner within ten working days of receipt of an application for payment provided that (1) the payment application has previously been approved by the Owner, Architect, Contractor and the CDA field representative, and (2) all necessary supporting documents, invoices, liens, etc. are in satisfactory order.D. CDA shall reserve the right to make any and all final decisions on the completeness and quality of the work and the amount approved for any payment request.E. Substantial completion shall occur when (1) the construction and equipping of the Project shall have been fully completed in an acceptable and workmanlike manner according to the Contract Documents, in full compliance with all applicable legal requirements of any legal authority, except for punch list items approved by CDA, and (2) all certificates of use and occupancy have been issued by all appropriate legal authorities for every unit in the Project; and (3) the Architect has issued an AlA G704—The Architects Certificate of Substantial Completion. Partial certificates of Substantial Completion can be issued when phased occupancy will occur.F. Retention shall be held and released as follows:Standard Retention ProcessA 10% holdback will be retained on all construction progress payments until the project reaches Substantial Completion.(1) The first 50% the Retention will be released at the time of Substantial Completion of the Project regardless of the nature of the corporate relationship between the Ownership and General Contracting entities.(2) Under a lump sum contract, the final 50% of the retention will be released when all remaining punch list items have been completed and all documents on the CDA Construction Document Close-out List have been reviewed and approved by CDA. A lump sum arrangement is permissible only when no identity of interest exists between the Contractor and Owner.(3) Under a guaranteed maximum price with a fixed fee arrangement and no identity of interest relationship exists, 25% of the retention will be released when all punch list items have been completed and all documents on the CDA Construction Document Close-out List have been reviewed and approved by CDA. The final 25% retention under this arrangement will be released upon review and approved of the construction cost certification by the Owner and CDA.(4) Under a guaranteed maximum price with a fixed fee arrangement in which an identity of interest between the Owner and the Contractor does exist, 25% of the Retention, will be released when all punch list items have been completed and all documents on the CDA Construction Document Close-out Lists and a total project cost certification have been reviewed and approved by CDA. The balance of the retention under this arrangement will be released at final closing.(5) Notwithstanding subsections (3) and (4) above, the final disbursement of the Retention may be withheld by the Lender until the expiration of any period in which subcontractors, mechanics and materialmen may file liens or while any causes of action may be pending for the non-payment for work performed on the Project, unless the Lender has received and approved releases of liens or lien waivers from all subcontractors and materialmen who would have a right to file liens against the Project.(6) If the Lender has withheld any of the Retention authorized for release pursuant to this Section 6.1 to correct deficiencies as provided above, then, upon correction of any and all deficiencies to the satisfaction of the Lender, the Lender will release any and all of the remaining Retention not needed to make repairs.Reduced Retention ProcessContractors who have successfully completed two or more CDA projects in the past four years with all CDA projects completed during that time period by the Contractor achieving high construction standards, completion on schedule, maintaining the approved construction budget and adhering to CDA policies and conditions, especially those within the CDA Supplementary General Conditions, can request a reduced retention arrangement. A 10% holdback will be imposed on construction payment requests until the value of work in place reaches 50% of the contract work, including adjustments for change orders, at which point no additional retention will be held on payment requests from 50% to 100% of the contract amount. Approval of the reduced retention arrangement is at the discretion of CDA. In the event CDA determines the reduced retention arrangement is not in the best interest of a successful completion of the project or if the CDA Supplementary General Conditions are not being followed on a project under construction, CDA may elect to implement a Standard Retention Process.(1) Under a guaranteed maximum price contract, the first 50% of the Retention will be released when the project has achieved Substantial Completion, all work is complete, and all documents on the CDA Construction Document Close-out List have been reviewed and approved. The final 50% will be leased when the Contractor’s Cost Certification has been reviewed and approved.(2) Under a lump sum contract, 100% of the Retention will be released when the project has achieved Substantial Completion, all work is complete, and all documents on the CDA Construction Document Close-out List have been reviewed and approved.(3) All or a portion of the Retention can be withheld by CDA for the purposes of correcting any work deficiencies or satisfying claims for unpaid work or materials.G. At the point in time when the project is nearly 100% complete, the Contractor and the Owner understand that for administrative purposes in expediting the loan to final closing, CDA may require the owner to escrow construction loan funds, with CDA for incomplete work items. The Architect and the CDA representative will jointly compile a list of incompleteimprovements with an estimate of the cost required to complete each item. The Contractor hereby authorizes the Owner to withhold from the final payment to the Contractor a sum equal to twice the estimate of the cost of any incomplete items, and to deposit such sum with CDA, it being understood and agreed that such monies are monies of the Contractor (and not of the Owner) subject only to the completion by the Contractor of the improvements established by the Architect and the CDA representative. The Contractor understands and agrees that no interest will be paid on the funds so deposited.ARTICLE 10—PROTECTION OF PERSONS AND PROPERTY 对人员和财产的保护A. The provisions for indemnification incorporated into the AlA General Conditions shall be extended to any and all employees of CDA engaged in the project.ARTICLE 11—INSURANCE AND BONDS 保险与保证金A. CDA's current Project Insurance Requirements shall supplement and, where in conflict, take precedence over Article 11 of the General Conditions. The Department of Housing and Community Development or CDA (as determined by the Department of Housing and Community Development) shall be recorded as an additional insured on all insurance policies.B. The Department of Housing and Community Development or CDA (as determined by the Department of Housing and Community Development) shall be listed as an obligee on the payment and performance bonds, latent defect bonds and letters of credit.C. A latent defect bond equal to 2 ½% of the contract sum shall be required from the Contractor to cover any defects that may occur up to one year after Substantial Completion.ARTICLE 12—UNCOVERING AND CORRECTION OF WORK 工程的检查与整改A. CDA shall reserve the right to make the final determination regarding work not in conformance with the requirements of the Contract Documents. In the event of CDA acceptance of non-conforming work, the Contract sum will be reduced by this amount from the total funds payable to the Contractor. Such adjustment shall be effected whether or not final payment has been made.ARTICLE 13—MISCELLANEOUS PROVISIONS 其他规定A. The Owner or Contractor shall not assign the Contract without prior written consent of CDA.B. The Contractor shall give the Architect and the CDA field representative timely notice of when and where tests and inspections required by the Contract Documents or by laws, ordinances and regulations of public authorities having jurisdiction over the project are to be made so that all parties may observe such procedures. CDA must be promptly informed when test results or inspections fail to meet Contract standards.C. Required certificates of testing, inspection and approval shall be secured by the Contractor and made available to the CDA field representative.D. CDA loan proceeds shall not be used for any interest on payments due and unpaid under the Contract Provisions or elsewhere.ARTICLE 14—TERMINATION OR SUSPENSION OF THE CONTRACT 合同终止与暂停A. Any proposed termination or suspension of the contract by the Owner or Contractor must be brought to the immediate attention of CDA in writing and sent as a registered mail delivery.B. In the event the contract is terminated, the amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect and approved by CDA, and this payment shall survive termination of the contract.C. If, for any cause whatsoever, except for worker/ union strikes, acts of God, issuance of a court order or other causes beyond the reasonable control of the Contractor, work on the project is at any time discontinued for a period of twenty consecutive calendar days, or construction is not carried on with such reasonable dispatch as to permit completion of the work on or before the completion date, including any CDA executed approval for a time extension, the Contractor shall be in default of the contract.ARTICLE 15 —CLAIMS AND DISPUTES 索赔与纠纷A. Projects which enter a dispute process must consult CDA to determine if CDA proceeds can be used in the resolution process.ARTICLE 16—APPROVAL 批准A. The undersigned hereby acknowledge they have read and agree to the provisions established in the CDA Supplementary General Conditions. These provisions shall be considered an integral part of the contract between the Owner and the Contractor.Owner DateContractor DateArchitect Date。

美国的工程合同范本

美国的工程合同范本[Contract Date]This Engineering Services Agreement ("Agreement") is entered into as of the [Contract Date] between [Client Name], with its principal place of business at [Client Address] ("Client"), and [Engineer Name], with its principal place of business at [Engineer Address] ("Engineer").1. Scope of Services. Engineer shall provide the following engineering services to Client: [Description of services].2. Compensation. Client shall pay Engineer a total fee of $_______ for the services rendered. Payment shall be made in [number] installments as follows: [Payment schedule].3. Term. This Agreement shall commence on the [Start Date] and shall continue until the completion of the services, unless earlier terminated as provided herein.4. Termination. Either party may terminate this Agreement upon [number] days' written notice to the other party. In the event of termination, Client shall pay Engineer for all services performed up to the date of termination.5. Ownership of Work Product. All work product, including but not limited to plans, designs, and reports, created by Engineer in connection with the services shall be the exclusive property of Client.6. Indemnification. Engineer shall indemnify and hold harmless Client from and against any and all claims, damages, liabilities, and expenses arising out of or in connection with Engineer's performance of the services.7. Confidentiality. Engineer shall not disclose any confidential information of Client, including but not limited to trade secrets and proprietary information, to any third party without the prior written consent of Client.8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State].9. Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes allprior and contemporaneous agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Client Name]By: ____________________________Name: __________________________Title: ___________________________Date: ___________________________[Engineer Name]By: ____________________________Name: __________________________Title: ___________________________Date: ___________________________。

美国建筑师学会合同2篇

美国建筑师学会合同2篇篇1合同编号：[编号]甲方：[甲方名称]（以下简称“甲方”）乙方：[乙方名称]（美国建筑师学会，以下简称“乙方”）鉴于甲、乙双方共同意愿，就甲方委托乙方提供建筑设计服务达成如下协议：一、合同目的与背景本合同旨在明确甲、乙双方在建筑设计项目中的合作事宜，确保双方权益得到合法保护，共同推进建筑设计项目的顺利进行。

二、服务内容乙方同意向甲方提供以下建筑设计服务：1. 方案设计：根据甲方需求，进行项目方案设计，包括平面布局、立面设计、材料选择等。

2. 施工图设计：根据方案设计，绘制项目施工图，确保施工顺利进行。

3. 技术咨询：就建筑设计相关事宜提供技术咨询和建议。

三、双方责任与义务甲方责任与义务：1. 提供项目设计所需的基础资料。

2. 明确设计要求及目标，及时与乙方沟通。

3. 按照合同约定支付设计费用。

乙方责任与义务：1. 按照合同约定提供设计服务。

2. 保证设计作品的质量与专业性。

3. 对甲方提出的合理要求及时响应并调整设计方案。

4. 遵守中国相关法律法规，确保设计的合规性。

四、设计费用及支付方式1. 设计费用：总设计费用为[金额]人民币。

具体费用明细详见附件。

2. 支付方式：甲方应按以下约定支付设计费用：（1）合同签订后[时间]内支付设计费用的[比例]；（2）设计成果经甲方确认后[时间]内支付剩余款项。

五、设计成果交付与验收1. 乙方应于合同约定的时间内完成设计成果，并提交甲方验收。

2. 甲方应在收到设计成果后的[时间]内进行验收，并书面反馈意见。

3. 若甲方对设计成果有异议，乙方应根据甲方意见进行修改并重新提交验收。

六、知识产权与保密条款1. 双方确认，本合同项下的设计成果知识产权归甲方所有。

乙方仅保留对设计成果的署名权。

2. 双方应对涉及本合同的所有信息进行保密，未经对方同意，不得向第三方泄露。

七、违约责任若任何一方违反本合同约定，应承担违约责任，并赔偿对方因此造成的损失。

项目协议书英文范本

项目协议书英文范本Project AgreementThis Project Agreement ("Agreement") is entered into as of [Date], by and between [Party A Name], a [Party A Legal Form] with its principal place of business at [Party A Address] ("Party A"), and [Party B Name], a [Party B Legal Form] withits principal place of business at [Party B Address] ("Party B").1. Purpose1.1 The purpose of this Agreement is to set forth the terms and conditions under which [Brief Description of the Project].2. Scope of Work2.1 Party A shall perform the following services: [Detailed Description of Services].2.2 Party B shall provide the following resources and support: [Detailed Description of Resources and Support].3. Obligations of Party A3.1 Party A shall ensure that all work is performed in a professional and workmanlike manner.3.2 Party A shall comply with all applicable laws and regulations.4. Obligations of Party B4.1 Party B shall provide timely access to necessaryinformation and materials.4.2 Party B shall make payments as outlined in the payment schedule.5. Payment Terms5.1 Party B shall pay Party A the total sum of [Amount] for the services rendered, in accordance with the payment schedule attached hereto as Exhibit A.5.2 All payments shall be made in [Currency].6. Confidentiality6.1 Both parties shall treat all information received from the other party as confidential.7. Intellectual Property7.1 All intellectual property rights in the work product shall be owned by [Owning Party].8. Warranties and Representations8.1 Party A warrants that the services provided will be free from defects in workmanship for a period of [Duration].9. Termination9.1 Either party may terminate this Agreement upon [Notice Period] days written notice to the other party.10. Indemnification10.1 Each party shall indemnify and hold harmless the other party from any claims arising out of its own negligence or willful misconduct.11. Force Majeure11.1 Neither party shall be liable for any failure or delayin performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond its reasonable control.12. Governing Law and Dispute Resolution12.1 This Agreement shall be governed by and construed in accordance with the laws of [Governing Jurisdiction].12.2 Any disputes arising out of or in connection with this Agreement shall be resolved by [Method of Dispute Resolution].13. Entire Agreement13.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.14. Amendments14.1 This Agreement may be amended only in writing signed by both parties.15. Notices15.1 All notices under this Agreement shall be in writing and shall be deemed duly given when delivered to the addressesset forth herein or to such other address as either party may designate in writing.IN WITNESS WHEREOF, the parties have executed this Agreementas of the date first above written.[Party A Name]By: ___________________________ [Title][Party B Name]By: ___________________________ [Title]。

海外工程合同范本英文版

Contract for Overseas Engineering Project(This contract is made on [Date] between [Contractor's Name],hereinafter referred to as "Contractor", and [Client's Name],hereinafter referred to as "Client".1. Scope of WorkThe Contractor agrees to perform the engineering services as specified in the attached schedule of work (Annex A) for the Client in[Country/City], and to complete the same by [Completion Date].2. Payment TermsThe Client agrees to pay the Contractor the sum of [Total Amount] (the "Contract Price") for the services rendered under this Agreement. The payment will be made in [Number] installments, as specified in the attached schedule of payments (Annex B).3. Time of PerformanceThe Contractor agrees to perform the services under this Agreementwithin the time frames specified in Annex A. If the Contractor fails to complete the services by the agreed completion date, the Client may terminate this Agreement and recover from the Contractor any additional costs incurred as a result of the delay.4. Quality of WorkThe Contractor warrants that the services performed under this Agreement will be of good quality and in accordance with the specifications set forth in Annex A. If the services do not meet the agreed quality standards, the Contractor agrees to correct any deficiencies at no additional cost to the Client.5. ConfidentialityThe Contractor agrees to keep confidential all information disclosed by the Client to the Contractor under this Agreement, except to the extent that such information is publicly available or has been independently developed by the Contractor.6. IndemnificationThe Contractor agrees to indemnify and hold harmless the Client from any and all claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or in connection with the performance of the services under this Agreement.7. Governing Law and Dispute ResolutionThis Agreement shall be governed by and construed in accordance with the laws of [Governing Jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the [Arbitration Institution], and the decision of the arbitrator(s) shall be final and binding upon the parties.8. Entire AgreementThis Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Contractor's Name] [Client's Name]By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\。

民用建筑设计合同英文版

Construction Project Design Contract (Civil Building Design Contract For Construction Project))Project Name:Project Location:Contract No.:Client (Party A):Designer (Party B):Signed on:Supervised by: the Ministry of Construction of P. R. ChinaState Administration for Industry and CommerceParty A entrusts Party B to undertake the design for ________ .This Contract is made by the two parties after their mutual agreement, the two Parties hereby sign this Contract as follows：Article 1.This Contract is made on the basis of the following documents:1.1.《The Contract Law of the People’s Republic of China》,《The Construction Law of the People’s Republic of China》and 《Management Provisions on Market of Survey and Design for Construction Projects》.1.2.National and local rules and regulations on the administration of survey and design for construction projects.1.3. The approval documents of construction project.Article 2.The design contents: project name, project size, design phases, investment sum, design fee. (as per Fig.1)Article 3.Relevant documents which shall be issued by Party A to Party B:(as per Fig.2)Article 4.Design documents which shall be submitted by Party B to Party A (as per Fig.3):Fig.3Remarks: In outside pipe network construction documents, the design belonging to Trade monopoly is not included in this Contract.Article 5. Design fee and the mode of payment: Party A shall pay the design fee of RMB______________ Yuan for this project to Party B (this fee shall include taxes and all other duties that should be paid by Party B as required by the government regulations). The payment method is as per Fig.4.Remarks:1. Party A shall pay the design fee of each stage when Party B submits the design document of each stage.2. Party A shall pay 100% design fee when Party B submits the last part of the working drawings.3. The design fee is fixed by initial design estimation, if there is a difference between actual design fee and estimated fee, Party B shall return the overcharge and demand payment of the shortage. The balance will be settled at the last payment.4. After the Contract is executed, the down payment is regarded as a part of the total design fee.Article 6. Responsibilities of both parties:6.1 Responsibilities of Party A:6.1.1. According to the contents stated in Article 3 of this Contract, Party A shall submit to Party B basic materials and documents within specified time and should be responsible for the completeness, correctness and validity of the materials and documents. Party A shall not require Party B 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 Party A, the time limit for Party B 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 Party A, Party B shall have the right to re-determine the time for delivery of the design documents.6.1.2 If Party A alters greatly the design project, scale, conditions which they have already entrusted to Party B, or the materials provided by Party A is wrong/incomplete or Party A makes major alterations to the approved design and the information given, as a result of which, has caused Party B to redo the design work, or has generated un-necessary abortive works, both parties shall enter into negotiation and to draw up a supplementary Contract. Party A shall compensate Party B for the additional work load in accordance to the new agreement.If Party A has agreed all the design works conducted by Party B before the conclusion of the Contract, it shall pay charges to Party B accordingly.6.1.3. Party A shall pay charges for design to Party B at the amount and date provided in this Contract. If Party A requests Party B to submit the design documents ahead of the stipulated time as mentioned in the Contract, Party A shall get the prior consent of Party B and should make additional payment for fast and immediate service.6.1.4.Party A shall provide site office and all relevant office stationary for Party B’s personnel who are being sent to work site during the construction stage.6.1.5.Party A shall protect the design copyright of Party B. Without Party B’s consent, Party A shall not revise, duplicate or transfer the design to a third party or use the design documents for other projects. If the above-mentioned is happened, Party A shall take the relative legal responsibility and Party B shall have the right to claim.6.2 Responsibilities of Party B:6.2.1. Party B shall carry out design work in accordance with technological rules and standards provided in this Contract, submit to Party A the required design documents in right content, time and copies according to the clause of Article 4 and shall be responsible for the quality of the design documents.6.2.2. The design life of the construction project shall be 50 years.6.2.3. Upon delivery of the design documents, Party B shall attend the approval meetings held by Party A and the relevant competent authorities and shall be responsible for making the necessary adjustments, revisions and supplements which does not exceed the scope of the documents of design requirements as originally defined based on the comments of such meetings.6.2.4. Party B is not allowed to disclose and transfer any product drawing, technical and economic data which are provided by Party A to a third party. In case that the above-mentioned is happened, Party B shall take the relative legal responsibility and PartyA shall have the right to claim.6.2.5. Party B is not allowed to subcontract the design work completely or partially to any third party without the permission of Party A.Article 7.Default Responsibility:7.1. During the performance of the Contract, if Party A requires to terminate or cancel the Contract before Party B starts the design work, Party B will not return the down payment already paid by Party A; if Party B has started the design work, Party A shall pay for the actual workload already done by Party B. When the actual workload of the design is less than half of the work at the stage, Party A 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, Party A shall pay all the payment for the design work at the stage.7.2. Party A shall pay charges for design to Party B at the amount and date provided in this Contract. For each day of overdue payment, 2‰ of the overdue payment shall be paid by Party A and the time for delivery by Party B shall be extended accordingly. Where the delay of payment has exceeded 30 days, Party B shall have the right to suspend the performance of the work at the next stage and give written notice to Party A. 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, PartyA shall pay the due design fee to Party B7.3. Party B shall be responsible for correcting any omission or mistake in their design documents before the construction. If the design mistake made by Party B has caused losses to Party A, Party B shall not only be responsible for taking the remedial measures, but also shall deduct the design fee for the part of such losses and shall pay compensation to Party A according to the degree of such loss. The amount of the compensation shall be discussed and determined by the Parties as 100% _____of the actual loss.7.4.If it is Party B’s own fault to have delayed the submission of the design documents according to the stipulated time as described in Article 4, Party B shall deduct 2‰ of the due amount of the design fee on a daily basis for the delay period.7.5.After the Contract comes into force, Party B may require termination or cancellation of the Contract and shall return the down payment in double.Article 8. Other provisions:8.1. When Party A requires Party B to send site personnel to the construction site for along period, the two parties shall negotiate for these additional works and sign a supplementary service contract.8.2.Party A shall pay for all the relevant publications and standard collections of drawings issued by the state and local government which are needed by Party B for the purpose of designing the project. If Party B is requested to submit design documents, of which, the number of copies are more than those stipulated in Article 4 of this Contract, Party A shall pay for those additional copies.8.3.In the projects of the Contract, Party B shall not appoint manufacturers or designers of construction materials and equipments. Where there is a necessity that Party B shall cooperate with Party A in ordering the construction materials and equipments, the relevant fee shall be paid by Party A.8.4. If Party A entrusts Party B to undertake work and services which are beyond this Contract, Party A shall pay additional fee.8.5.When this Contract can not be executed because of the unforeseeable natural forces, the two parties shall timely negotiate to solve the problem.8.6. If any dispute arises during the execution of this Contract, it shall be settled by friendly consultation, In case that such consultation fails, it shall be submitted to the Beijing Arbitration Committee or brought to the People’s Court.8.7. This Contract shall be made in 6 copies. Party A shall hold 3 copies. Party B shall hold 3 copies.8.8. This Contract is prepared in both Chinese and English languages, in the event of conflicts in any of the provisions between the two versions; provisions specified in the Chinese language version shall take precedence.8.9. This Contract shall come into force when Party A has paid the down payment to Party B and both parties have stamped and signed it.8.10.This Contract, after it has been signed and stamped by both parties, shall be submitted to the local government authority for endorsement. When it is considered necessary, both parties could send this Contract to the local industrial and commercial administration departments for registration. This Contract is to be terminated and expired itself after both parties have performed their duties as stipulated in this Contract.8.11.Supplementary agreement could be made between the two parties in case that any additional clause shall be added. The supplementary agreement and any correspondence, including faxes, telegrams, meeting minutes agreed by both parties are components of the Contract, which shall have the same effect as this Contract.This Contract is signed in _______on (date) _____ (month) _____ (year) _____. Party A: Party B:(Stamp) (Stamp)Legal Representative: Legal Representative: Contract Signing Representative: Contract Signing Representative: Address: Address:Post Code: Post Code:Tel: Tel:Fax: Fax:Name of bank: Name of bank:Bank account: Bank account:Record at the competent constructionadministration department: Verification opinion:Record No.: Handling person:Date of record: Date of verification:。

全能型建筑施工协议书英文版

全能型建筑施工协议书英文版Comprehensive Construction AgreementThis document serves as a comprehensive construction agreement between the parties involved in the construction project. The agreement outlines the roles, responsibilities, and terms of the construction project.Parties InvolvedThe parties involved in this construction agreement are the contractor and the client. The contractor is responsible for carrying out the construction work according to the specifications outlined in the agreement. The client is responsible for providing the necessary resources and approvals for the construction project.Scope of WorkThe scope of work includes all necessary activities related to the construction project, such as site preparation, foundation work, building construction, and finishing work. The contractor is responsible forensuring that the construction work is completed in a timely and satisfactory manner.Payment TermsThe payment terms for the construction project are outlined in this agreement. The client agrees to pay the contractor the agreed-upon amount for the construction work. Payment schedules and methods are also included in the agreement.Duration of the ProjectThe duration of the construction project is specified in the agreement. The contractor agrees to complete the construction work within the agreed-upon timeframe. Delays in the construction work may result in penalties or termination of the agreement.Termination ClauseThe agreement includes a termination clause that outlines the conditions under which the agreement can be terminated by either party. Reasons for termination may include non-compliance with the terms of the agreement or breach of contract.Dispute ResolutionIn the event of any disputes or disagreements between the parties, the agreement includes a dispute resolution mechanism. The parties agree to resolve any disputes amicably through negotiation or mediation.Governing LawThe construction agreement is governed by the laws of the jurisdiction in which the construction project is taking place. Any legal disputes arising from the agreement will be resolved in accordance with the laws of that jurisdiction.SignaturesBoth parties agree to the terms and conditions outlined in this comprehensive construction agreement by signing below:Contractor: _________________________ Date: ______________ Client: ____________________________ Date: ______________。

全版的施工工程协议英文版

全版的施工工程协议英文版Full Version Construction Project AgreementThis document serves as a comprehensive agreement for all construction projects between the parties involved. It outlines the terms and conditions that govern the relationship and responsibilities of each party throughout the duration of the project.Parties InvolvedThe parties involved in this agreement are the contractor, who is responsible for carrying out the construction work, and the client, who is the owner of the property or entity seeking the construction services.Scope of WorkThe scope of work includes all tasks and activities necessary for the successful completion of the construction project. This may include butis not limited to, site preparation, building construction, installation of utilities, and finishing work.TimelineThe timeline for the construction project will be clearly outlined in the agreement, including start and end dates, as well as any milestones or deadlines that need to be met throughout the project.Payment TermsPayment terms will be detailed in the agreement, including the total cost of the project, payment schedule, and any penalties for late payment or changes to the scope of work.Change OrdersAny changes to the scope of work must be documented in writing and agreed upon by both parties before being implemented. This ensuresclear communication and prevents disputes during the construction process.Insurance and LiabilityBoth parties will be required to maintain adequate insurance coverage for the duration of the project, including liability insurance to protect against any accidents or damages that may occur during construction.Dispute ResolutionIn the event of any disputes or disagreements, the parties agree to first attempt to resolve the issue through mediation or arbitration before pursuing legal action. This promotes a collaborative approach to conflict resolution.TerminationEither party may terminate the agreement in writing if the other party fails to fulfill their obligations or breaches the terms of the agreement. This ensures that both parties have an exit strategy in case the project cannot be completed as planned.Governing LawThis agreement will be governed by the laws of the state or jurisdiction where the construction project is taking place, ensuring that any legal disputes are resolved according to the local laws.This document represents the full version of the Construction Project Agreement and should be reviewed and signed by all parties involved before the start of the project.。

美国市政建设项目咨询协议合同样本 Consultant Agreement FORM

AGREEMENT BETWEEN THE CITY OF MURRIETAAND[NAME OF CONSULTANT]This Agreement (“Agreement”), made this x th day of x, 2009, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and CONSULTANT, a California Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:RECITALSA.CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.B.CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.C.The CITY is desirous of professional services necessary for Construction Management and Inspection Services.D.The CONSULTANT has special knowledge, experience and facilities to provide such special services called for by this Agreement as provided on attached Exhibit “A.”E.The CITY now desires to retain CONSULTANT to accomplish Construction Management and Inspection Services as provided on attached Exhibit “A”, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.AGREEMENTNOW, THEREFORE, it is agreed by and between the parties as follows:OPERATIVE PROVISIONS1.RESPONSIBILITIES OF CONSULTANT1.1CONSULTANT shall undertake, during the 2009–2012 fiscal years, to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. These services include Construction Management and Inspection Services. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.1.2Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understoodthat CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.The CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. The report shall be prepared in a format acceptable to the City of Murrieta and submitted to the CITY by the second Friday of each month.2.ADMINISTRATION OF AGREEMENT2.1CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.2.2CONSULTANT shall keep the City Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.2.3This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows: For CITY:City ManagerAddress:City of Murrieta1 Town Square24601 Jefferson AvenueMurrieta, CA 92562Phone:(951) 461-6065Facsimile:(951) 698-9885For CONSULTANT:CONSULTANT:Address:Phone:Facsimile:3.TERM3.1This Agreement shall be effective as of July 1, 2009.3.2Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.4.PAYMENT TO CONSULTANT4.1Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT at the rate of $XXX per hour with a not to exceed sum of XXXXXXXXXXXXXXXXXXXXXXXXXX. This shall be considered a payment for services rendered from July 1, 2009.If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.4.2Payments. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.5.STATUS OF CONSULTANT5.1Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.5.2Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.5.3Workers' Compensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section6.1.2 of this Agreement.6.INSURANCECONSULTANT shall not begin the services under this Agreement until it has: (a)obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.6.1Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:6.1.1Commercial General Liability. Commercial General Liability(CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.6.1.2Workers' Compensation. For all of CONSULTANT’s employees who aresubject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide a minimum of One Million Dollars ($1,000,000) of employers' liability coverage, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.6.1.3Professional Liability. For all of CONSULTANT’s employees who aresubject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.6.2Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.6.3Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.6.4Specific Provisions Required. The policy required under Section 6.1.1 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the City of Murrietaand its respective officers and employees are additional insureds under the policy; (b) the policies are primary and non-contributory to any insurance that may be carried by CITY; and (c) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies.6.5Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.7.AUDIT AND INSPECTION OF RECORDSAt any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement. All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.8.CONFIDENTIALITY AND USE OF INFORMATION8.1Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.8.2CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.8.3Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related tothis Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.9.NOTICEAll notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above.10.TERMINATION FOR CAUSE10.1CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency. Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.10.2In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.11.TERMINATION FOR CONVENIENCE OF CITY11.1CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.11.2If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.12.PERFORMANCE AFTER TERMINATIONUpon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.13.DEFENSE AND INDEMNIFICATION13.1Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.13.2Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend and indemnify the CITY, its council, and each member thereof, its officers, employees, representatives and their successors and assigns, from and against losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses arising out of injury to any person, including death, or damage to property caused, in whole or in part, by or attributable to the performance of CONSULTANT, its employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder.13.3General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest. The CITY shall, in its sole discretion determine whether such assurances are reasonable.CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.14.CONFLICT OF INTERESTCONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibitedconflicts of interest.14.1Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT. If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three working days of becoming aware of the potential for such compensation.14.2Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.14.3CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.15.ASSIGNMENTNo portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.16.SURVIVALCONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.PLIANCE WITH APPLICABLE LAWSCONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.18.PERMITS/LICENSESCONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.19.NONDISCRIMINATION IN EMPLOYMENTCONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.20.NON-WAIVERThe failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.21.SEVERABILITYIf any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.22.DISPUTESIn the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.23.REMEDIESThe rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.24.ENTIRE AGREEMENT/AMENDMENTThis Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.ERNING LAW/VENUEThe terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.26.BINDING AGREEMENTThis Agreement is intended to be binding on the parties and their respective successors and assigns.27.NUMBERThe plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.28.WARRANTY OF AUTHORITYEach of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.29.COUNTERPARTSThis Agreement may be executed in counterparts, all of which taken together will be considered one original documentIN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.CITY OF MURRIETA CONSULTANT___________________________________________________Rick Dudley, City ManagerAttest:_________________________________A. Kay Vinson, City Clerk。

全面版咨询服务协议英文版

全面版咨询服务协议英文版Comprehensive Consulting Services AgreementThis document serves as a legally binding agreement between the client and the consulting firm for the provision of comprehensive consulting services.1. Scope of ServicesThe consulting firm agrees to provide a wide range of consulting services to the client, including but not limited to strategic planning, market research, and financial analysis.2. Term of AgreementThis agreement shall commence on the date of signing and shall continue for a period of one year, unless terminated earlier by either party.3. Fees and PaymentThe client agrees to pay the consulting firm a fee of $X for the services provided. Payment shall be made in installments as outlined in the agreement.4. ConfidentialityBoth parties agree to maintain the confidentiality of all information shared during the consulting engagement. This includes but is not limited to proprietary business information.5. TerminationEither party may terminate this agreement with written notice. In the event of early termination, the client shall pay for services rendered up to the termination date.6. Governing LawThis agreement shall be governed by the laws of the state of [insert state] and any disputes shall be resolved through arbitration.7. MiscellaneousAny amendments or modifications to this agreement must be made in writing and signed by both parties. This agreement represents the entire understanding between the parties.8. AcceptanceBy signing below, both parties acknowledge their acceptance of the terms and conditions outlined in this agreement.Client Signature: ________________________ Date:________________________Consulting Firm Signature: ________________________ Date: ________________________。

2024年建筑项目合同模板(全面版)英文版

2024年建筑项目合同模板(全面版)英文版2024 Construction Project Contract Template (Comprehensive Version)This document serves as a comprehensive template for a construction project contract in the year 2024. It outlines the terms and conditions that both parties must adhere to throughout the duration of the project. The contract covers important aspects such as project scope, timeline, payment terms, change orders, warranties, and dispute resolution. By using this template, both the contractor and the client can ensure a clear understanding of their roles and responsibilities, ultimately leading to a successful project completion.1. Project Overview- This section provides a detailed description of the construction project, including the scope of work, materials to be used, and any specific requirements.2. Timeline- The timeline section outlines the project schedule, including start and end dates, milestones, and any potential delays that may impact the completion date.3. Payment Terms- Payment terms are clearly defined, including the total project cost, payment schedule, and any penalties for late payments.4. Change Orders- Any changes to the original scope of work must be documented in writing and agreed upon by both parties before implementation.5. Warranties- The contractor is responsible for providing warranties on materials and workmanship, ensuring that any defects are rectified within a specified timeframe.6. Dispute Resolution- In the event of a dispute, the contract outlines the procedures for resolving conflicts through mediation or arbitration.7. Termination- This section details the circumstances under which either party may terminate the contract, along with any associated penalties or obligations.8. Insurance and Liability- Both parties are required to maintain adequate insurance coverage to protect against any potential damages or liabilities that may arise during the project.9. Governing Law- The contract specifies the governing law under which any legal disputes will be resolved, providing clarity on the applicable jurisdiction.10. Signatures- Both the contractor and the client must sign the contract to signify their agreement to the terms and conditions outlined within.By utilizing this comprehensive contract template, both parties can enter into the construction project with confidence, knowing that their rights and obligations are clearly defined. This document serves as a valuable tool for ensuring a smooth and successful project delivery in 2024.。

国外咨询合同范本英文

国外咨询合同范本英文Consultancy Agreement Template for Overseas Services (English)This Consultancy Agreement (hereinafter referred to as the "Agreement") is made and entered into on this [Day] of [Month], [Year], and between the following parties:Consultant: [Consultant's Name], a [Consultant'sCompany/Organization/Individual] with a principal place of business located at [Consultant's Address] (hereinafter referred to as the "Consultant").Client: [Client's Name], a [Client's Company/Organization/Individual] with a principal place of business located at [Client's Address] (hereinafter referred to as the "Client").WHEREAS:The Consultant is engaged in the business of providing specialized consulting services (hereinafter referred to as the "Services") in [Consultant's Area of Expertise].The Client desires to engage the Consultant to provide the Services to the Client.NOW, THEREFORE, in consideration of the mutual covenants and agreements contned herein, the parties agree as follows:1. Scope of Services:The Consultant agrees to provide the following Services to the Client:(a) Detled analysis and evaluation of [Specific Area/Project].(b) Development of strategies and remendations for [Specific Area/Project].(c) Implementation of the strategies and remendations, as agreed upon the Client.(d) Regular reports and updates on the progress of the Services.2. Term of Agreement:This Agreement shall mence on the date hereof and shall continue for a period of [Duration], unless terminated earlier in accordance with the provisions of this Agreement.3. Fees and Payment Terms:(a) The Consultant shall be pensated for the Services rendered under this Agreement at the rate of [Rate] per [Time Unit] (hereinafter referred to as the "Fees").(b) The Client shall make payment for the Fees due under this Agreement within [Number of Days] days from the date of the Consultant's invoice.(c) The Consultant shall issue invoices to the Client on a[Monthly/Quarterly/Annual] basis.4. Expenses:The Consultant shall be reimbursed for all reasonable and necessary expenses incurred in the performance of the Services, upon submission of proper receipts and documentation to the Client.5. Confidentiality:(a) The Consultant agrees to keep confidential all information obtned from the Client, including but not limited to financial statements, business plans, client lists, and other sensitive information (hereinafter referred to as the "Confidential Information").(b) The Consultant agrees not to disclose or use the Confidential Information for any purpose other than the performance of the Services under this Agreement.6. Intellectual Property Rights:(a) All intellectual property rights (hereinafter referred to as the "IP Rights") arising from or in connection with the Services provided the Consultant shall be owned the Client.(b) The Consultant agrees to assign and transfer all IP Rights to the Client upon payment of the Fees.7. Termination:(a) Either party may terminate this Agreement at any time upon written notice to the other party.(b) Upon termination, the Consultant shall cease all Services and deliver all work product to the Client.8. Indemnification:(a) The Consultant shall indemnify and hold harmless the Client from and agnst any and all clms, losses, damages, liabilities, costs, and expenses (hereinafter referred to as the "Clms") arising out of or in connection with the Services provided the Consultant.(b) The Client shall indemnify and hold harmless the Consultant from and agnst any Clms arising out of or in connection with the Client's use of the Services.9. Dispute Resolution:Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Body], and the decision of the arbitrator(s) shall be final and binding upon the parties.10. Miscellaneous:(a) This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.(b) This Agreement may be amended or modified only a written instrument executed both parties.(c) This Agreement shall be governed and construed in accordance with the laws of [Jurisdiction].DEFINITIONS:Consultant: The individual, pany, or organization providing the consulting services.Client: The individual, pany, or organization receiving the consulting services.Services: The specialized consulting services to be provided the Consultant to the Client.Fees: The amount to be pd the Client to the Consultant for the Services rendered.Confidential Information: Any sensitive or proprietary information obtned the Consultant from the Client.IP Rights: Any intellectual property rights arising from the Services provided the Consultant.Clms: Any clms, losses, damages, liabilities, costs, and expenses arising out of or in connection with the Services provided the Consultant or the Client's use of the Services.。

国际项目咨询服务合同范本中英文

国际项目咨询服务合同合同号：______________________签订日期：____________________签订地点：____________________中国______________ 公司（以下简称委托方）为一方，___________ 国________________ 公司（以下简称为咨询方）为另一方，双方就________________ 的项目咨询服务，授权双方代表按下列条款签订本合同。

第一条合同内容委托方希望获得咨询方就_________ 提供的项目咨询服务，而咨询方愿意提供此项服务。

项目咨询服务范围详见本合同附件一。

项目咨询服务的进度安排详见本合同附件二。

项目咨询服务的人员安排见本合同附件三。

项目咨询服务自合同生效之日起___________ 个月内完成，将在________ 个月内提交最终项目咨询报告，包括资料、各类案例和图片等。

咨询方应免费通报委托方类似信息的最近发展和任何进展，以便委托方能改进该项目的资 ________________ 料。

第二双方的责任和义务委托方应向咨询方提供有关的资料、项目咨询报告、图纸和可能得到的信息并给予咨询方开展工作提供力所能及的协助，特别是委托方应在适当时候指定一名总代表以便能随时予以联系。

委托方应协助咨询方向有关机构取得护照签证、工作许可和咨询方要求的其它文件以使咨询方能进入委托方国家和本工程的现场，但费用由咨询方负担。

除了合同附件三所列的项目人员外，咨询方还应提供足够数量的称职的项目人员来履行本合同规定的义务。

咨询方应对其所雇的履行合同的项目人员负完全责任并使委托方免受其项目人员因执行合同任务所引起的一切损害。

咨询方应根据咨询服务的内容和进度安排，按时提交咨询项目咨询报告及有关图纸资料。

咨询方应协助委托方的项目人员获得进入咨询方国家的签证并负责安排食宿，食宿费用由委托方负担。

咨询方应为委托方的项目人员提供办公室、必要的设施和交通便利。

英文建筑项目合约及规范范本

Part I – SPECIFICATION – PRELIMINARIES – GENERALSPECIFICATION – PRELIMINARIESPARTS I AND IITRADE CONTRACTNote: This document is subject to review by Macau lawyers and may be amended by the Owner.CONTENTS PAGE PART I – SPECIFICATION – PRELIMINARIES – GENERAL1.GENERALLY 12.DEFINITIONS AND ABBREVIATIONS 22.1TCGC 22.2Other Contractors 22.3Works Areas 22.4Interpretation 23.DESCRIPTION OF THE WORKS 33.1Generally 33.2Scope of the Development and the Sections Thereof 33.3Scope of Works 33.4Provision of Everything Necessary 33.5Optional Works 33.6Close Collaboration with Other Contractors 43.7Co-ordination Responsibility 44.THE SITE 54.1Location 54.2Access to the Site and Restrictions 54.3Loading and Offloading 54.4Site Visit 64.5Works Areas 64.6Trial Run of Traffic 64.7Sub-soil Conditions and Investigation Reports 64.8Access to Operational Areas 74.9Use of the Site 74.10Storage of Large Equipment 74.11Accept the Site as Found 74.12Rectification of Defects in Works Completed by Other Contractors 84.13Preparation of Works Completed by Others 84.14Access to and Egress from Site 84.15Clashes Between Conduits and Reinforcement Steel 8MENCEMENT AND COMPLETION 95.1Commencement of the Works 95.2Completion 95.3Priority Instructions 95.4Notices for Preliminary Inspections 95.5Joint Inspections 95.6Listed Snagging and Remedial Work to be Completed Before the Issue of a Practical CompletionCertificate 95.7Early Takeover 95.8Final Clean Prior to Completion 105.9Certificates of Conformity 105.10Completion of Outstanding Work and Defect Rectification After the Issue of a Certificate ofPractical Completion 105.11Maintenance Works Before and During the Defects Liability Period 105.12Clearing Site 116.THE TRADE CONTRACT, DRAWINGS AND SPECIFICATIONS 126.1The Trade Contract 126.2No Adjustment for Rises or Falls in Cost of Labour and Materials 126.3Schedule of Rates 126.4Provisional Quantities 136.5Provisional Sums 136.6Ordering Materials from the Documents 136.7Drawings and Specifications at the Site 146.8Scaling Dimensions and Levels 146.9Method Statement 146.10Adjustment of Prime Cost Rates 156.11Discrepancies 156.12The Trade Contractor‟s Submissions and Statutory Approvals156.13Electronic Documents 156.14Demarcation Drawings 167.MATERIALS AND WORKMANSHIP 177.1Compliance with Regulations 177.2Samples and Warranty 177.3Testing Materials 177.4Safe Custody of Materials 177.5Notices for Inspections 177.6Proprietary Materials 18 Venetian Orient (PACKAGE NUMBER 61527)7.7Origin of Materials and Equipment 187.8Unsatisfactory and Defective Work 187.9Owner Approved Suppliers 187.10Materials – Storage 197.11Samples and Mock Ups 208.INSTRUCTIONS, VARIATIONS AND METHODS OF MEASURING AND VALUING 218.1Construction Manager‟s Instructions218.2Stop Works Instructions 218.3Measurement of Variations 218.4Invoices, Receipts, and the like 218.5The Trade Contractor's Expenses in Connection with Variations and Settlement of Accounts218.6Supporting Documents for Reasonable Rates or Prices 218.7Interim Certificate 218.8Variation Works Outside Working Areas but Within the Site 228.9Contra Charges 228.10Estimated Costs for Construction Manager‟s Proposed Instructions229.PROGRAMME AND REPORTS 239.1Preliminary Programme 239.2Programme and Weekly Reports 239.3Weekly Reports 239.4Progress Photographs 239.5Other Progress Photographs 2310.ATTENDANCES 2410.1General Attendances by the Construction Manager or Other Contractors 2410.2Special Attendances by the Construction Manager or Other Contractors 2410.3Wheel Washing Facility 2510.4Checking, Surveying and Reporting 2510.5Collaboration Among all Contractors 2510.6Attendances Generally 2511.STATUTORY OBLIGATIONS 2611.1Working Hours and Rates of Wages 2611.2Safety Supervision Plan and Safety Precautions 2611.3Noise Control 2611.4Prevention of Illegal Immigrants on Site 2611.5Employee‟s Compensation2712.PROTECTION OF PUBLIC PROPERTY AND THE LIKE 2812.1Maintenance of Existing Roads, Footpaths, Steps, and the like 28 Venetian Orient (PACKAGE NUMBER 61527)12.2Restrict Dust and Noise 2812.3Protection of Existing Property / Works 2812.4Maintenance of Existing Services 2813.INSURANCE AND BOND 3013.1The Policy of Insurance by the Owner 3013.2Approval of Insurance Company 3013.3The Trade Contractor to Give Notice of Injury 3013.4Performance Bond 3013.5Industrial Training and Pneumoconiosis Levies 3013.6Employee Compensation Insurance 3014.GENERAL OBLIGATIONS 3114.1Overtime Working 3114.2Labour 3114.3Communications 3114.4Protection and Damage to Works and Materials of Others 3114.5Protection of the Trade Contractor‟s Works and Materials3214.6The Trade Contractor‟s Organisatio n 3214.7Visitors 3314.8Workmen Living on Site 3314.9Watching and Site Security 3314.10Removal of Rubbish During the Progress of the Works 3314.11Mosquitoes 3414.12Setting Out 3414.13Preparations for Practical Completion 3414.14Blasting 3414.15Fire Protection 3414.16Compliance with Safety, Quality Assurance, Environmental and Site AdministrationRequirements 3414.17Commissioning, Testing, Maintenance and Service 3514.18Importation Requirements for Plant and Equipment and the like 3514.19Restrictions on Advertising 3514.20Tolerances 3514.21Sign Boards 3514.22Removal of Water 3615.PLANT AND TEMPORARY WORKS 3715.1Plant, Tools, and the like 3715.2Scaffolding and Ladders 3715.3Fencings, Screens, Barriers, and the like 37 Venetian Orient (PACKAGE NUMBER 61527)15.4The Trade Contractor's Offices, Storage Sheds and Workshops 3715.5Temporary Lighting, Electricity and Water Supply 3815.6Temporary Latrines 3815.7Temporary Roads 3815.8Temporary Supports 3915.9Weather Conditions 3915.10Other Temporary Works 3915.11Engine Suppressors 39 Venetian Orient (PACKAGE NUMBER 61527)PART II – SPECIFICATION – PRELIMINARIES – PARTICULAR3.3 Scope of Works 403.5 Optional Works (Not Used) 403.7 Co-ordination Responsibility 523.8 Owner Supply (Not Used) 404.2 Access to the Site and Restrictions 545.1 Commencement of the Works 546.15 Removal of Underground Obstructions (Not Used) 416.16 Indpendent Checking Engineer 417.2 Samples and Warranty 557.9 Owner Approved Suppliers 557.11 Samples and Mock Ups 427.12 Supplied Materials Stored On and Off Site (Not Used) 427.13 Spare Materials 427.14 Named Subcontractor 4210.1 General Attendances by the Construction Manager or Other Contractors 4210.2 Special Attendances by the Construction Manager or Other Contractors 4212.5 Construction of Foundations, Retaining Walls and the Like Close to Buildings, Roadsand Other Structures (Not Used) 4313.1 The Policy of Insurance by the Owner 4414.16 Compliance With Safety, Quality Assurance, Environmental 4414.23 Independent Surveyor (Not Used) 4415.12 Temporary Supports – ELS (Not Used) 4515.13 Temporary Use of Permanent Lifts 4515.14 Existing Temporary Works Structures (Not Used) 46 Venetian Orient (PACKAGE NUMBER 61527)SPECIFICATION – PRELIMINARIESPARTS I AND IITRADE CONTRACTAPPENDICESI Construction Manager‟s RequirementsSection 1 Setting OutSection 2 Site SafetySection 3 Quality AssuranceSection 4 Environmental ProtectionSection 5 Construction Plant and EquipmentSection 6 Site AdministrationSection 7 Site LogisticsSection 8 Off Site Production and Storage FacilitiesSection 9 Site Office AccommodationII Logistic Plan (For Information Only)III Owner Provided Insurance –Contractor‟s All Risk (For inf ormation only)IV Owner Provided Insurance –Employee‟s Compensation Insurance (For information only)V Form of Warranty to OwnerVI Phased Opening Scenario (For information only)VII Master Construction Programme (For information only)VIII Indicative Programme (For Information only)IX Responsibility Matrix of MEP Associated Builder‟s Works Between Builder‟s Works Contractors and MEP ContractorsX Glass Fibre Reinforced Concrete (GFRC) and Glass Fibre Reinforced Gypsum (GFRG) Buy-Off Procedure for Model and First Article Sign-offXI Recommended Levels of Gypsum Board FinishXII Stored Materials in P6 CasinoVenetian Orient (PACKAGE NUMBER 61527)SPECIFICATION – PRELIMINARIESPARTS I AND IITRADE CONTRACTPART I – SPECIFICATION – PRELIMINARIES – GENERAL1. GENERALLY1.1 The preliminary items included hereunder apply to the whole of the Works contained in this TradeContract and the rates and/or amounts inserted by the Trade Contractor into the Schedule of Rates shall be deemed to apply to the whole of the Works carried out under this Trade Contract.1.2 The Trade Contractor shall comply with all items described in the Specification – Preliminaries which isdivided into the following parts:-(i) Part I – General;(ii) Part II – Particular;(iii) Part III – Design and Co-ordination; and(iv) Part IV – Building Services.1.3 The Trade Contractor shall be deemed to have allowed in the Contract Sum for all costs in respect of allitems described in the Specification – Preliminaries.1.4 In the absence of any rates and/or amounts against any item or items in the Schedule of Rates, any costattributable thereto shall be deemed to be included elsewhere in the Contract Sum.1.5 Any rate or amount entered into the Schedule of Rates for any item in the Specification – Preliminariesshall be at the sole risk of the Trade Contractor and no adjustment shall be made at the settlement of accounts.1.6 The documents forming this Trade Contract are to be taken as mutually explanatory and the ContractSum shall be deemed to cover the complete requirements of the Trade Contract.1.7 In the event of a lump sum only being inserted into the Schedule of Rates for all items in theSpecification – Preliminaries, the Trade Contractor will be required to provide an itemised breakdown of the amount so included.1.8 In the event of a rate or amount inserted against an item in the Schedule of Rates for any item in theSpecification – Preliminaries for which whole payment or substantially whole payment would normally be made at the outset of the Trade Contract (e.g. the bond) being higher than the amount which the Trade Contractor can substantiate, payment for the excess amount will be effected over the period of the Trade Contract in the same proportion as the value of Trade Contractor's work carried out is to the total value of Trade Contractor's work (excluding Preliminaries).1.9 Interim payments for amounts inserted against time related items in the Schedule of Rates for any itemin the Specification – Preliminaries such as overtime, plant, supervision, and the like will be effected over the period of this Trade Contract in the same proportion as the value of Trade Contractor's work carried out is to the total value of Trade Contractor's work (excluding Preliminaries).Venetian Orient (PACKAGE NUMBER 61527)Spec. – Prelims. – Parts I and II – Trade Contract revision date 06.07.101.0 GENERAL(Cont‟d)1.10 In the event of no rate or amount being inserted by the Trade Contractor into the Schedule of Ratesagainst any item in the Specification – Preliminaries, no relative payment whatsoever will be included in interim payments.1.11 The preliminary items included hereunder apply to the whole of the Works in so far as they are notoverridden by the “Specification – Preliminaries –Particular”. In the event of ambiguities, discrepancies or divergencies, the provisions of the “Specification – Preliminaries –Particular” shall prevail over those of this “Specification – Preliminaries –General”.Venetian Orient (PACKAGE NUMBER 61527)Spec. – Prelims. – Parts I and II – Trade Contract revision date 06.07.102. DEFINITIONS AND ABBREVIATIONS2.1 TCGCmeans the Trade Contract General Conditions.2.2 Other Contractorsmeans any other contractors employed by the Owner to carry out works which are not part of the Works.2.3 Works Areasmeans the area or areas in which the Trade Contract Works are located and/or any area which is provided to the Trade Contractor for the purposes of carrying out the Trade Contract Works. The Trade Contractor will not have exclusive use of its Works Areas unless specifically so stated in the Special Conditions of Contract.2.4 InterpretationSubject to the further definitions and abbreviations at part II herein, words and expressions used in the Specification –Preliminaries have the same meaning as defined elsewhere in the Trade Contract unless the context requires otherwise.Venetian Orient (PACKAGE NUMBER 61527)Spec. – Prelims. – Parts I and II – Trade Contract revision date 06.07.103. DESCRIPTION OF THE WORKS3.1 GenerallyThe descriptions of the scope of the Development and/or the Works given hereunder are not comprehensive.The Trade Contractor is deemed to have read all related documents and, in particular, to have visited the Site, studied the Drawings, Specifications and this Trade Contract to make itself aware of, prior to the submission of its tender, the full extent of the Development and of the Works included in this Trade Contract.The Trade Contractor shall also be deemed to have studied the existing utilities, roads, site conditions, rules and regulations of the Statutory Authorities and any other information which affects this Trade Contract.3.2 Scope of the Development and the Sections ThereofThe scope of the Development and the Sections thereof are described and set out in the Contract Particulars.3.3 Scope of WorksThe Works to be carried out under this Trade Contract are described and set out in Specification - Preliminaries - Part II - Particulars.3.4 Provision of Everything NecessaryThe scope of the Works shall include not only the major items described in the Specifications and/or shown on the Drawings but also all incidental sundry items necessary for the fulfillment of the requirements contemplated in the Trade Contract and necessary for the proper completion, operation and testing of the Works to the satisfaction of the Construction Manager. The Trade Contractor shall allow in the Contract Sum for providing everything necessary for the proper execution of the Works, whether or not shown on the Drawings and/or described in the Specifications.Save that the requirement to allow for everything necessary is not to be construed as requiring the Trade Contractor to price for major items of work, the extent of which is not shown on or determinable from the Drawings and Specifications.The Trade Contractor shall make itself thoroughly aware of the scope of incidental sundry items which are not detailed in the Trade Contract Documents and Drawings but which are to be allowed for in the Contract Sum.3.5 Optional WorksThe Optional Works to be carried out under this Trade Contract are described and set out in Specification - Preliminaries - Part II - Particulars.If there are any items stated as "Optiona l Works" or “OPTIONAL” in the Schedule of Rates, the Construction Manager has the absolute right to omit such work items (partly or entirely) from this Trade Contract for whatever reasons. Under such circumstances, the amounts included in the Contract Sum for these work items shall be adjusted. No claims for loss of profit, overheads, attendances and the like will be allowed should the Construction Manager decide to omit such work items (partly or entirely). Venetian Orient (PACKAGE NUMBER 61527)3.0 DESCRIPTION OF THE WORKS(Cont‟d)3.6 Close Collaboration with Other ContractorsThe Trade Contractor should note that it is not the only contractor working on Site or in its Works Areas and it shall carry out its Works in close proximity to the works of Other Contractors. Close liaison, co-ordination and collaboration of all parties concerned is required for the timely and proper construction and installation of all the related works, in particular, the interphasing of the works, sequencing of work activities, programming, site logistics and the like to ensure the timely completion of the whole of the Development.If necessary, the Trade Contractor shall allow access to or through its Works Areas for these Other Contractors and is to liaise and co-ordinate with these Other Contractors for the proper execution of their works and its own Works. In order to avoid conflict with adjacent works, the sequencing of works at various locations shall be subject to the approval and as directed by the Construction Manager in the event of disagreement or dispute among them.The Trade Contractor is specifically required to comply with this requirement and provide timely and technically competent input on all aspects of co-ordination such as chairing/attending co-ordination meetings to establish and resolve the interfacing works required, programme, working sequence, provision and use of temporary facilities, supervision, inspection, protection and maintenance, access routes, storage space, working area/yard, positions or levels to be located or placed or required before the work is put in hand all as required by and to the satisfaction of the Construction Manager.The list of the Other Contractors and copies of the relevant documents together with related drawings for their works are available for inspection at the office of the Construction Manager. The Trade Contractor shall be deemed to have examined the documents and drawings, in particular those relevant to the Works, carefully to familiarize itself with the scope of the construction works, the details of construction, rights and obligations, and all other things and matters which may affect this Trade Contract. The Trade Contractor shall familiarize itself with these Other Contractors‟ works and keep close liaison and co-ordination with them to eliminate abortive works. The documents and drawings are for reference only and they are not guaranteed for correctness. The number of Other Contractors ultimately employed by the Owner is bound to vary from the list to suit the needs of the Owner and changing requirements. Any claims for abortive works or of whatsoever nature will not be allowed.The Trade Contractor shall allow for close co-ordination in its planning and shall allow in the Contract Sum for full compliance with the above requirements and no claims of whatsoever nature from the Trade Contractor in this respect shall be allowed.3.7 Co-ordination ResponsibilityThe Trade Contractor‟s obligations for co-ordination are set out in Specification Preliminaries for Design and Co-ordination and Building Services which follow this Specification – Preliminaries – Parts I and II. Venetian Orient4. THE SITE4.1 LocationThe Site is located at the junction of Estrada Do Istmo and Road VU 3.2 in Cotai, Macau.4.2 Access to the Site and RestrictionsAccess to the Site, and maintaining the suitability of such, is to be co-ordinated through the Construction Manager.The Trade Contractor is to familiarise itself with the arrangements for access to, from and around the Site and each Works Area. The Trade Contractor shall liaise with the Construction Manager to arrange for access routes to each Works Area. No other access routes, other than those to each Works Area approved by the Construction Manager, will be allowed and the Trade Contractor shall restrict its personnel, staff and workmen to those routes and its Works Areas. The availability and location of access routes may change from time to time under the direction of the Construction Manager. The suitability of each access route is not guaranteed by the Owner and the Trade Contractor shall allow for any temporary works to enable it to use each access route and any subsequent reinstatement as directed by the Construction Manager.The Trade Contractor shall make its own arrangements, including obtaining permits, licenses, etc. from the Statutory Authorities, for transport to and from the Site.The Trade Contractor shall ensure that the transport of its materials, plant and equipment to and from the Site by lorries or other vehicles complies with any regulations imposed or special arrangements required by the Construction Manager, the Statutory Authorities or the police.Access routes will also be used by Other Contractors for facilitating their works on Site and the Trade Contractor has to share the access routes with other users as directed by the Construction Manager at its sole discretion.The Trade Contractor shall not obstruct any access route at any time and shall take all precautionary measures to maintain access routes free, tidy and safe for itself and for the other users.The Trade Contractor shall note that when the Works commence, the reclamation works by another contractor may still be under construction and some locations of the Site may be under surcharging.The surcharge levels are higher than the working levels shown on the Drawings and may obstruct transportation by the Trade Contractor. The Trade Contractor shall be aware of this and shall allow in the Contract Sum all the costs for forming a workable access route to enable transportation through the surcharging areas by forming ramps or whatever means.The Trade Contractor shall also follow the Construction Manager‟s instructions to make available some of its Works Areas for construction of temporary access routes for Other Contractors. The Trade Contractor shall allow Other Contractors to use the said temporary access routes throughout the Periods for Completion.4.3 Loading and OffloadingThe Trade Contractor shall liaise with the Construction Manager to arrange for loading and off-loading facilities centrally, or at each Works Area, for its personnel, staff, workmen, materials, equipment and plant (refer to items 10.1 and 10.2 herein for general and special attendances for off-loading and handling – if any).Venetian Orient (PACKAGE NUMBER 61527)4. THE SITE(Cont‟d)The Trade Contractor shall take every care in the loading and off-loading of materials to ensure that the roads, footpaths and places within the Works Areas are not obstructed or traffic flow impeded and shall conform with the directions of the Construction Manager and Statutory Requirements.The Trade Contractor shall plan its delivery, off-loading and temporary storage of materials and equipment carefully in advance to avoid premature delivery of the materials and equipment.The Trade Contractor shall submit formal applications to the Construction Manager and obtain approval before deliveries of materials and equipment to Site. The submission shall include, but not be limited to, the times and durations of the deliveries, the delivery routes, hoisting details, areas required for storage, type of materials and equipment, method of storage, protection and security arrangement and material and equipment weight.The Trade Contractor shall be responsible for providing its own means of horizontal and vertical transportation within the Site from the place of offloading to its Works Areas, taking account of any attendances to be provided in accordance with item 10 of Parts I and II of the Specification Preliminaries – reference is also made to Logistics Plan contained in Appendix II.The Trade Contractor shall take reasonable care and provide adequate protection to avoid damage during loading and unloading materials, plant, equipment and the like.The Trade Contractor shall make good all works / areas affected by loading / unloading of materials.4.4 Site VisitThe Trade Contractor shall visit its Works Areas and make itself thoroughly acquainted with the location, general site conditions, accessibility, storage space, surrounding areas, restrictions for loading and off-loading materials, type of existing finishes, nature of works to be carried out, the information within each Works Area or around each Works Area and any other conditions which may affect the execution and completion of the Works.The Trade Contractor shall be deemed to have obtained all information in respect of all types of services, utilities, culverts, natural preserve areas, roads and the like, within or around its Works Areas and any other conditions which may affect the Works.4.5 Works AreasEach Works Area for the Trade Contractor‟s Works will be as indicated on the Drawings and the Trade Contractor must keep its workpeople, plant, materials, equipment and the like within the limits of each Works Area unless otherwise approved by the Construction Manager. The Trade Contractor will be held responsible for any acts of trespassing by its workpeople.4.6 Trial Run of TrafficThe Trade Contractor shall arrange for, keep records of and submit reports on a trial run of traffic as required by the Statutory Authorities or, if so instructed, by the Construction Manager.4.7 Sub-soil Conditions and Investigation ReportsThe Trade Contractor shall be deemed to have particularly noted that the Works Areas (or parts of the Works Areas) were previously filled by Other Contractors.The Trade Contractor shall be deemed to have inspected the site investigation reports at the office of the Design Team.Venetian Orient4. THE SITE(Cont‟d)Any site investigation report or other information which may be made available is given in good faith but the Trade Contractor shall not assume that the report provided is applicable to the areas outside those areas indicated in the reports. The Trade Contractor shall bear the risk of the accuracy and adequacy of any reports given to it and include all the time and costs implications in the Contract Sum.No claim for extra payment or time will be considered on the grounds of ignorance of the above requirements or conditions under which the Works are to be carried out.4.8 Access to Operational AreasSome areas of the Development will be occupied and/or put into operation by the Owner before or during the course of executing the Works. The Trade Contractor shall not obstruct access to these areas at any time. Throughout the period of occupation or operational use, the Trade Contractor shall provide and maintain fencing, hoardings and screens, as instructed by the Construction Manager, in a neat and safe condition to segregate each Works Area from an occupied and/or operational area.Temporary lighting, directional signage and finishing to the fencing, hoardings and screens should also be provided to the satisfaction of the Construction Manager.The Trade Contractor is specifically required to comply with the above to the satisfaction of the Construction Manager and shall submit detailed proposals regarding the above access arrangements.4.9 Use of the SiteThe Trade Contractor shall observe all rules, regulations and restrictions imposed by the Construction Manager, Owner or the Statutory Authorities concerning its use of the areas within and around each Works Area, existing roads, temporary roads and the like for carrying out and completing the Works.The Trade Contractor shall keep its Works and workers within its Works Areas unless there are specific works that are required to be executed outside them.4.10 Storage of Large EquipmentTemporary storage space on Site will be limited. The Trade Contractor shall arrange its deliveries to suit the Master Construction Programme and actual progress so that materials will be delivered in a manner that will maximise the use of the limited space available and will avoid excessive storage periods. Wherever possible, items of large equipment can be delivered and installed directly into their permanent positions within the Site.4.11 Accept the Site as FoundThe Trade Contractor shall accept each Works Area for this Trade Contract including works completed by Other Contractors. In accordance with TCGC clause 9.4 immediately upon taking over a Works Area the Trade Contractor is to check for the correctness of the previous work and carry out a thorough inspection to check for any discrepancies with the construction drawings issued or approved by the Construction Manager. The Trade Contractor shall allow in its programme for the time required for such checking, surveying and preparation works.If, during the course of executing the Works, the Trade Contractor finds any defect in the previous work completed by Other Contractors then it shall immediately notify the Construction Manager in writing.In the event that the Trade Contractor fails to observe this requirement, any work under this Trade Contract which is incorrectly constructed as a result of such discrepancies or faults shall, if so required by the Construction Manager, be demolished and reconstructed at the Trade Contractor‟s expense. Venetian Orient。

工程项目合同范本英语

工程项目合同范本英语---roject Construction ContractThis Agreement is made on [date], y and etween [Comany A], with its rincial lace of usiness at [Address], and [Comany ], with its rincial lace of usiness at [Address].Article 1: artiesFor the uroses of this contract, the following definitions shall aly:1. "Comany A" (hereinafter referred to as "the Owner") is a cororation duly incororated under the laws of [jurisdiction] and has its registered office at [address].2. "Comany " (hereinafter referred to as "the Contractor") is a cororation/individual duly incororated/registered under the laws of [jurisdiction] and has its registered officerincial lace of usiness at [address].Article 2: roject DescritionThe Owner engages the Contractor to rovide construction services for the roject titled [roject Name], located at [roject Location], hereinafter referred to as "the Work."Article 3: Scoe of WorkThe scoe of work shall include, ut not limited to, the following:- Site rearation and clearance- Foundation construction- Structural uilding erection- Roofing, external wall cladding, and windows installation- Internal finishing works- Installation of electrical and luming systems- Quality assurance and controlDetailed secifications and requirements are outlined in the roject documents annexed to this contract.Article 4: Contract riceThe total contract rice for the Work shall e [amount] ([currency]), suject to adjustments as er the terms set forth in this agreement.Article 5: ayment Termsayments shall e made according to the following schedule:- A deosit of [ercentage]% uon signing of the contract- rogress ayments as outlined in the ayment schedule ased on comletion milestones- Final ayment uon roject comletion and satisfaction of all contractual oligationsArticle 6: TimelineThe Contractor shall commence the Work on [start date] and comlete it y [comletion date]. Any delays must e communicated in writing to the Owner and suject to negotiation for time extension.Article 7: Quality and StandardsThe Contractor shall ensure that all work conforms to industry standards and meets the secifications set out in the contract documents. The Owner reserves the right to insect and arove all work efore final accetance.Article 8: Change OrdersAny changes to the original scoe of work shall e agreed uon in writing y oth arties and may result in adjustments to the contract rice and/or comletion date.Article 9: Liaility and IndemnificationThe Contractor shall indemnify and hold harmless the Owner against any loss or damage caused y the Contractor's negligence or reach of contract.Article 10: Disute ResolutionAny disutes arising from this contract shall first e attemted to e resolved through negotiations. If unresolved, the disute may e sumitted to mediation or aritration as er the terms secified in this contract or to the courts of the jurisdiction where the Work is located.Article 11: Governing LawThis contract shall e governed y and construed in accordance with the laws of [jurisdiction].Article 12: TerminationEither arty may terminate this contract uon written notice to the other arty in the event of a material reach that remains uncured after a secified eriod.Article 13: Force MajeureNeither arty shall e liale for delays or failures in erformance resulting from acts eyond their reasonale control, including ut not limited to natural disasters, wars, or governmental actions.Article 14: NoticesAll notices and other communications must e in writing and sent to the last known address of the resective arty as set out in this contract.Article 15: Entire AgreementThis contract constitutes the entire agreement etween the arties and suersedes all rior negotiations, reresentations, and understandings. This contract may only e amended y a written document signed y oth arties.IN WITNESS WHEREOF, the arties have executed this contract as of the date first aove written.[Comany A]y: _____________________ (Authorized Reresentative)Name: _____________________Title: _____________________Date: _____________________Signature: _____________________[Comany ]y: _____________________ (Authorized Reresentative)Name: _____________________Title: _____________________Date: _____________________Signature: _____________________---。