智慧农业示范种植基地创建采购合同公告（襄汾县古城镇人民政府2024）
一、合同编号：11N0128107052024601
二、合同名称：襄汾县古城镇关村智慧农业示范种植基地创建项目合同
三、项目编号：1410232024BCS00146
四、项目名称：襄汾县古城镇关村智慧农业示范种植基地创建项目
五、合同主体
采购人（甲方）：襄汾县古城镇人民政府
地 址：古城镇东街村
联系方式：18434754053
供应商（乙方）：山西美丽乡村建设有限公司
地 址：山西综改示范区太原唐槐园区新化路8号五层
联系方式：13572905517
六、合同主体信息
1.主要标的信息：
主要标的名称：襄汾县古城镇关村智慧农业示范种植基地创建项目 数量：1.00 单价（元）：6642000.00
规格型号（或服务要求）：施工范围:工程量清单中的全部内容施工工期:90日历天项目经理:原晓执业证书信息:晋2142015202053623
2.合同金额（元）：6642000.00
3.履约期限、地点等简要信息：
4.采购方式：竞争性磋商
七、合同签订日期：2024年12月11日
八、合同公告日期：2024年12月11日
九、其他补充事宜：无
附件信息：
襄汾县古城镇关村智慧农业示范种植基地创建项目合同(11N0128107052024601).pdf
建设工程施工合同中华人民共和国住房和城乡建设部制定国家市场监督管理总局说明为了规范当事人的签约行为，维护合同当事人的合法权益，依据《中华人民共和国民法典》、《中华人民共和国建筑法》、《中华人民共和国招标投标法》以及相关法律法规，制定本合同。一、本合同的组成本合同由合同协议书、通用合同条款和专用合同条款三部分组成。（一）合同协议书合同协议书共计13条，主要包括：工程概况、合同工期、质量标准、签约合同价和合同价格形式、项目经理、合同文件构成、承诺以及合同生效条件等重要内容，集中约定了合同当事人基本的合同权利义务。（二）通用合同条款通用合同条款是合同当事人根据《中华人民共和国建筑法》、《中华人民共和国民法典》等法律法规的规定，就工程建设的实施及相关事项，对合同当事人的权利义务作出的原则性约定。通用合同条款共计20条，具体条款分别为：一般约定、发包人、承包人、监理人、工程质量、安全文明施工与环境保护、工期和进度、材料与设备、试验与检验、变更、价格调整、合同价格、计量与支付、验收和工程试车、竣工结算、缺陷责任与保修、违约、不可抗力、保险、索赔和争议解决。前述条款安排既考虑了现行法律法规对工程建设的有关要求，也考虑了建设工程施工管理的特殊需要。（三）专用合同条款专用合同条款是对通用合同条款原则性约定的细化、完善、补充、修第1页改或另行约定的条款。合同当事人可以根据不同建设工程的特点及具体情况，通过双方的谈判、协商对相应的专用合同条款进行修改补充。在使用专用合同条款时，应注意以下事项：1.专用合同条款的编号应与相应的通用合同条款的编号一致；2.合同当事人可以通过对专用合同条款的修改，满足具体建设工程的特殊要求，避免直接修改通用合同条款；3.在专用合同条款中有横道线的地方，合同当事人可针对相应的通用合同条款进行细化、完善、补充、修改或另行约定；如无细化、完善、补充、修改或另行约定，则填写“无”或划“/”。第2页目录第一部分合同协议书···················································································1一、工程概况··························································································1二、合同工期··························································································1三、质量标准··························································································2四、签约合同价与合同价格形式···························································2五、项目经理··························································································2六、合同文件构成···················································································2七、承诺··································································································3八、词语含义··························································································3九、签订时间··························································································4十、签订地点··························································································4十一、补充协议······················································································4十二、合同生效······················································································4第二部分通用合同条件···············································································6第1条一般约定·····················································································61.1词语定义和解释··········································································61.2语言文字···················································································121.3法律···························································································121.4标准和规范················································································121.5合同文件的优先顺序································································131.6文件的提供和照管····································································13第3页1.7联络···························································································151.8严禁贿赂···················································································151.9化石、文物················································································161.10知识产权··················································································161.11保密·························································································171.12《发包人要求》和基础资料中的错误···································171.13责任限制··················································································181.14建筑信息模型技术的应用······················································18第2条发包人······················································································182.1遵守法律···················································································182.2提供施工现场和工作条件························································192.3提供基础资料············································································202.4办理许可和批准········································································202.5支付合同价款············································································202.6现场管理配合············································································212.7其他义务···················································································21第3条发包人的管理···········································································213.1发包人代表················································································213.2发包人人员················································································233.3工程师·······················································································233.4任命和授权················································································243.5指示···························································································24第4页3.6商定或确定················································································253.7会议···························································································26第4条承包人······················································································264.1承包人的一般义务····································································264.2履约担保···················································································274.3工程总承包项目经理································································284.4承包人人员················································································304.5分包···························································································314.6联合体·······················································································334.7承包人现场查勘········································································334.8不可预见的困难········································································344.9工程质量管理············································································34第5条设计··························································································355.1承包人的设计义务····································································355.2承包人文件审查········································································365.3培训···························································································385.4竣工文件···················································································385.5操作和维修手册········································································395.6承包人文件错误········································································39第6条材料、工程设备·······································································406.1实施方法···················································································406.2材料和工程设备········································································40第5页6.3样品···························································································436.4质量检查···················································································446.5由承包人试验和检验································································466.6缺陷和修补················································································48第7条施工··························································································497.1交通运输···················································································497.2施工设备和临时设施································································507.3现场合作···················································································517.4测量放线···················································································527.5现场劳动用工············································································527.6安全文明施工············································································537.7职业健康···················································································557.8环境保护···················································································577.9临时性公用设施········································································577.10现场安保··················································································587.11工程照管··················································································59第8条工期和进度···············································································598.1开始工作···················································································598.2竣工日期···················································································608.3项目实施计划············································································608.4项目进度计划············································································618.5进度报告···················································································62第6页8.6提前预警···················································································628.7工期延误···················································································638.8工期提前···················································································648.9暂停工作···················································································658.10复工·························································································66第9条竣工试验···················································································679.1竣工试验的义务········································································679.2延误的试验················································································689.3重新试验···················································································699.4未能通过竣工试验····································································69第10条验收和工程接收·····································································7010.1竣工验收··················································································7010.2单位/区段工程的验收·····························································7210.3工程的接收··············································································7210.4接收证书··················································································7210.5竣工退场··················································································73第11条缺陷责任与保修·····································································7411.1工程保修的原则······································································7411.2缺陷责任期··············································································7511.3缺陷调查··················································································7511.4缺陷修复后的进一步试验······················································7711.5承包人出入权··········································································77第7页11.6缺陷责任期终止证书······························································7811.7保修责任··················································································78第12条竣工后试验·············································································7812.1竣工后试验的程序··································································7812.2延误的试验··············································································7912.3重新试验··················································································8012.4未能通过竣工后试验······························································80第13条变更与调整·············································································8013.1发包人变更权··········································································8013.2承包人的合理化建议······························································8113.3变更程序··················································································8213.4暂估价·····················································································8313.5暂列金额··················································································8413.6计日工·····················································································8513.7法律变化引起的调整······························································8513.8市场价格波动引起的调整······················································86第14条合同价格与支付·····································································8814.1合同价格形式··········································································8814.2预付款·····················································································8914.3工程进度款··············································································9014.4付款计划表··············································································9214.5竣工结算··················································································93第8页14.6质量保证金··············································································9514.7最终结清··················································································96第15条违约························································································9715.1发包人违约··············································································9715.2承包人违约··············································································9815.3第三人造成的违约··································································99第16条合同解除···············································································10016.1由发包人解除合同································································10016.2由承包人解除合同································································10316.3合同解除后的事项································································105第17条不可抗力···············································································10617.1不可抗力的定义····································································10617.2不可抗力的通知····································································10617.3将损失减至最小的义务························································10617.4不可抗力后果的承担····························································10617.5不可抗力影响分包人····························································10717.6因不可抗力解除合同····························································107第18条保险······················································································10818.1设计和工程保险····································································10818.2工伤和意外伤害保险····························································10918.3货物保险················································································10918.4其他保险················································································109第9页附件9：预付款担保/，（发包人名称）：根据/，（承包人名称）（以下称“承包人”）与/（发包人名称）（以下简称“发包人”）于/年/月/日签订的，/，（工程名称）《建设工程施工合同》，承包人按约定的金额向你方提交一份预付款担保，即有权得到你方支付相等金额的预付款。我方愿意就你方提供给承包人的预付款为承包人提供连带责任担保。1.担保金额人民币（大写）/元（¥/）。2.担保有效期自预付款支付给承包人起生效，至你方签发的进度款支付证书说明已完全扣清止。3.在本保函有效期内，因承包人违反合同约定的义务而要求收回预付款时，我方在收到你方的书面通知后，在７天内无条件支付。但本保函的担保金额，在任何时候不应超过预付款金额减去你方按合同约定在向承包人签发的进度款支付证书中扣除的金额。4.你方和承包人按合同约定变更合同时，我方承担本保函规定的义务不变。5.因本保函发生的纠纷，可由双方协商解决，协商不成的，任何一方均可提请/仲裁委员会仲裁。6.本保函自我方法定代表人（或其授权代理人）签字并加盖公章之第158页日起生效。担保人：，/，（盖单位章）法定代表人或其委托代理人：/（签字）地址：，/邮政编码：，/电话：，/传真：，//年/月/日第159页址：//话：/真：/附件10:支付担保/（承包人）：鉴于你方作为承包人已经与/（发包人名称）（以下称“发包人”）于/年/月/日签订了/（工程名称）《建设工程施工合同》（以下称“主合同”），应发包人的申请，我方愿就发包人履行主合同约定的工程款支付义务以保证的方式向你方提供如下担保：一、保证的范围及保证金额1.我方的保证范围是主合同约定的工程款。2.本保函所称主合同约定的工程款是指主合同约定的除工程质量保证金以外的合同价款。3.我方保证的金额是主合同约定的工程款的/%，数额最高不超过人民币元（大写：/）。二、保证的方式及保证期间1.我方保证的方式为：连带责任保证。2.我方保证的期间为：自本合同生效之日起至主合同约定的工程款支付完毕之日后/日内。3.你方与发包人协议变更工程款支付日期的，经我方书面同意后，保证期间按照变更后的支付日期做相应调整。三、承担保证责任的形式我方承担保证责任的形式是代为支付。发包人未按主合同约定向你方支付工程款的，由我方在保证金额内代为支付。第160页四、代偿的安排1.你方要求我方承担保证责任的，应向我方发出书面索赔通知及发包人未支付主合同约定工程款的证明材料。索赔通知应写明要求索赔的金额，支付款项应到达的账号。2.在出现你方与发包人因工程质量发生争议，发包人拒绝向你方支付工程款的情形时，你方要求我方履行保证责任代为支付的，需提供符合相应条件要求的工程质量检测机构出具的质量说明材料。3.我方收到你方的书面索赔通知及相应的证明材料后７天内无条件支付。五、保证责任的解除1.在本保函承诺的保证期间内，你方未书面向我方主张保证责任的，自保证期间届满次日起，我方保证责任解除。2.发包人按主合同约定履行了工程款的全部支付义务的，自本保函承诺的保证期间届满次日起，我方保证责任解除。3.我方按照本保函向你方履行保证责任所支付金额达到本保函保证金额时，自我方向你方支付（支付款项从我方账户划出）之日起，保证责任即解除。4.按照法律法规的规定或出现应解除我方保证责任的其他情形的，我方在本保函项下的保证责任亦解除。5.我方解除保证责任后，你方应自我方保证责任解除之日起/个工作日内，将本保函原件返还我方。第161页六、免责条款1.因你方违约致使发包人不能履行义务的，我方不承担保证责任。2.依照法律法规的规定或你方与发包人的另行约定，免除发包人部分或全部义务的，我方亦免除其相应的保证责任。3.你方与发包人协议变更主合同的，如加重发包人责任致使我方保证责任加重的，需征得我方书面同意，否则我方不再承担因此而加重部分的保证责任，但主合同第10条〔变更〕约定的变更不受本款限制。4.因不可抗力造成发包人不能履行义务的，我方不承担保证责任。七、争议解决因本保函或本保函相关事项发生的纠纷，可由双方协商解决，协商不成的，按下列第/种方式解决：（1）向/仲裁委员会申请仲裁；（2）向/人民法院起诉。八、保函的生效本保函自我方法定代表人（或其授权代理人）签字并加盖公章之日起生效。担保人：，/，（盖章）法定代表人或委托代理人：，/，（签字）地址：，/邮政编码：，/第162页传真：，//年/月/日第163页附件11：11-1：材料暂估价表序号名称单位数量单价（元）合价（元）备注第164页11-2：工程设备暂估价表序号名称单位数量单价（元）合价（元）备注第165页11-3：专业工程暂估价表序号专业工程名称工程内容金额小计：小计：小计：小计：第166页第167页
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