关于征求建设工程勘察合同示范文本(征求意见稿)意见的函 建市设函[2015]170号
2015-11-18 15:31:13   来源:   评论:0   阅读量:10

各省、自治区住房城乡建设厅,北京市规划委,上海市住房城乡建设委,天津、重庆市城乡建设委,新疆生产建设兵团建设局,国务院有关部门建设司(局),有关行业协会:  为加强工程勘察市场管理,规范市场主体合同行为,结合当前工程勘察市场实际情况,我司组织对《



各省、自治区住房城乡建设厅,北京市规划委,上海市住房城乡建设委,天津、重庆市城乡建设委,新疆生产建设兵团建设局,国务院有关部门建设司(局),有关行业协会:   为加强工程勘察市场管理,规范市场主体合同行为,结合当前工程勘察市场实际情况,我司组织对《建设工程勘察合同》(建设[2000]50号)进行了修订,形成《建设工程勘察合同示范文本》(征求意见稿)。请组织听取本地区、本行业建设单位、勘察单位等市场主体及政府有关部门意见,研究提出修改建议,并于2015年11月30日前将书面意见反馈至我司勘察设计监管处。   《建设工程勘察合同示范文本》(征求意见稿)可在住房城乡建设部网站下载。   联系方式:   住房城乡建设部建筑市场监管司   地址:北京市三里河路9号  邮编:1000835   电话:010-58934169     传真:010-58933759   邮箱:kcsj604@163.com
                      中华人民共和国住房和城乡建设部建筑市场监管司
                             2015年10月14日


建设工程勘察合同示范文本
(征求意见稿)


住房和城乡建设部 制定
 

 
说   明
 
 
为了指导建设工程勘察合同当事人的签约行为,维护合同当事人的合法权益,依据《中华人民共和国合同法》、《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,住房和城乡建设部、国家工商行政管理总局对《建设工程勘察合同(一)[岩土工程勘察、水文地质勘察(含凿井)、工程测量、工程物探]》(GF-2000-0203)及《建设工程勘察合同(二)[岩土工程设计、治理、监测]》(GF-2000-0204)进行修订,制定了《建设工程勘察合同(示范文本)》(以下简称《示范文本》)。
为了便于合同当事人使用《示范文本》,现就有关问题说明如下:
一、《示范文本》的组成
《示范文本》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
《示范文本》合同协议书共计12条,主要包括工程概况、勘察范围、技术要求及工作量、合同工期、质量标准、合同价款、合同文件构成、承诺、词语定义、签订时间、签订地点、合同生效和合同份数等内容,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《中华人民共和国合同法》、《中华人民共和国建筑法》和《中华人民共和国招标投标法》等法律法规的规定,就工程勘察的实施及相关事项对合同当事人的权利义务做出的原则性约定。
通用合同条款具体包括一般约定、发包人、勘察人、工期、成果资料、后期服务与竣工验收、合同价款与支付、勘察变更与调整、知识产权、不可抗力、合同生效与终止、合同解除、责任与保险、违约、索赔、争议解决及补充条款等共计17条。上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,也考虑了工程勘察管理的特殊需要。
(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、修改的条款。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、专用合同条款编号应与相应的通用合同条款编号一致;
2、合同当事人可以通过对专用合同条款的修改,满足具体项目工程勘察的特殊要求,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“/”。
二、《示范文本》的性质和适用范围
《示范文本》作为技术服务合同系列之一,为非强制性使用文本。《示范文本》适用于岩土工程勘察、水文地质勘察、工程测量、工程检测监测及工程物探等活动,岩土工程设计可使用《建设工程设计合同示范文本(专业建设工程)》(GF-2015-0210)。合同当事人可结合工程具体情况,根据《示范文本》订立合同,并按照法律法规和合同约定,履行相应的权利义务并承担相应的法律责任。

 

 
目    录
 
第一部分 合同协议书······························································ 1
一、工程概况··········································································· 1
二、勘察范围、技术要求及工作量·············································· 1
三、合同工期··········································································· 1
四、质量标准··········································································· 2
五、合同价款··········································································· 2
六、合同文件构成···································································· 2
七、承诺················································································· 2
八、词语定义··········································································· 2
九、签订时间··········································································· 3
十、签订地点··········································································· 3
十一、合同生效······································································· 3
十二、合同份数······································································· 3
第二部分 通用合同条款························································· 5
第1条  一般约定····································································· 5
1.1  词语定义·········································································· 5
1.2  语言文字·········································································· 7
1.3  适用法律法规、标准及规范················································ 7
1.4  合同文件及优先解释顺序···················································· 8
1.5  联络················································································ 9
1.6  严禁贿赂·········································································· 9
1.7  保密················································································ 9
第2条  发包人······································································ 10
2.1  发包人权利····································································· 10
2.2  发包人义务····································································· 10
2.3  发包人代表····································································· 11
第3条  勘察人······································································ 11
3.1  勘察人权利····································································· 11
3.2  勘察人义务····································································· 12
3.3  勘察人代表····································································· 12
第4条  工期········································································· 13
4.1  开工及延期开工······························································· 13
4.2  成果提交日期·································································· 13
4.3  发包人的工期延误··························································· 13
4.4  勘察人的工期延误··························································· 14
4.5  恶劣气候条件·································································· 14
第5条  成果资料··································································· 14
5.1  成果质量········································································ 14
5.2  成果份数········································································ 14
5.3  成果验收········································································ 15
第6条  后期服务··································································· 15
6.1  后续技术服务·································································· 15
6.2  竣工验收········································································ 15
第7条  合同价款与支付························································· 15
7.1  合同价款与调整······························································· 15
7.2  定金或预付款·································································· 16
7.3  进度款支付····································································· 17
第8条  勘察变更与调整························································· 17
8.1  变更范围与确认······························································· 17
8.2  变更价款确定·································································· 18
第9条  知识产权··································································· 19
9.1  使用规定········································································ 19
9.2  使用费用········································································ 19
第10条  不可抗力································································· 20
10.1  不可抗力的确认····························································· 20
10.2  不可抗力的通知····························································· 20
10.3  不可抗力后果的承担······················································· 20
第11条  合同生效与终止························································ 21
第12条  合同解除································································· 21
第13条  责任与保险······························································ 22
第14条  违约········································································ 22
14.1  发包人违约··································································· 22
14.2  勘察人违约··································································· 23
第15条  索赔········································································ 24
15.1  发包人索赔··································································· 24
15.2  勘察人索赔··································································· 25
第16条  争议解决································································· 25
16.1  和解············································································· 25
16.2  调解············································································· 26
16.3  仲裁或诉讼··································································· 26
第17条  补充条款································································· 26
第三部分 专用合同条款························································· 27
第1条  一般约定··································································· 27
1.1  词语定义········································································ 27
1.2  语言文字········································································ 27
1.3  适用法律法规、标准及规范··············································· 27
1.4  合同文件及优先解释顺序·················································· 27
1.5  联络·············································································· 27
1.7  保密·············································································· 28
第2条  发包人······································································ 28
2.2  发包人义务····································································· 28
2.3  发包人代表····································································· 28
第3条  勘察人······································································ 29
3.1  勘察人权利····································································· 29
3.3  勘察人代表····································································· 29
第4条  工期········································································· 29
4.2  成果提交日期·································································· 29
第5条  成果资料··································································· 29
5.2  成果份数········································································ 29
第6条  后期服务··································································· 29
6.1  后续技术服务·································································· 29
第7条  合同价款与支付························································· 30
7.1  合同价款与调整······························································· 30
7.2  定金或预付款·································································· 30
7.3  进度款支付····································································· 30
第9条  知识产权··································································· 31
9.1  使用规定········································································ 31
9.2  使用费用········································································ 31
第10条  不可抗力································································· 31
10.1  不可抗力的确认····························································· 31
第13条  责任与保险······························································ 31
第14条  违约········································································ 32
14.1  发包人违约··································································· 32
14.2  勘察人违约··································································· 32
第16条  争议解决································································· 32
16.3  仲裁或诉讼··································································· 32
第17条  补充条款································································· 32
 
附件A  勘察任务书及技术要求················································· 33
附件B  发包人向勘察人提交有关资料及文件一览表···················· 33
附件C  进度计划···································································· 33
附件D  工作量和费用明细表···················································· 33
 

 

第一部分 合同协议书
 
发包人(全称):_____________________________
勘察人(全称):_____________________________
根据《中华人民共和国合同法》、《中华人民共和国建筑法》、《中华人民共和国招标投标法》及其他有关法律、行政法规之规定,遵循平等、自愿、公平和诚实信用的原则,双方就                  项目工程勘察有关事项协商一致,达成如下协议。
一、工程概况
1、工程名称:_____________________________________________
2、工程地点:_____________________________________________
3、工程规模、特征:____________________________________________________________________________________________________________________                                    
二、勘察范围、技术要求及工作量
1、勘察范围:_____________________________________________
2、技术要求:_____________________________________________
3、工作量:________________________________________________
三、合同工期
1、开工日期:____________________________________
2、成果提交日期:________________________________
3、合同工期(总日历天数)________________________天
 
 
四、质量标准
质量标准: ______________________________________________
五、合同价款
1、合同价款金额:人民币(大写)____________ (¥__________元)
2、合同价款形式:_______________________
六、合同文件构成
组成本合同的文件包括:
(1)合同协议书;
(2)中标通知书(如果有);
(3)投标文件及附件(如果有);
(4)专用合同条款;
(5)通用合同条款;
(6)技术标准和要求;
(7)图纸;
 (8)其他合同文件;
 双方有关工程的洽商、变更等书面协议或文件均视为本合同的组成部分。
七、承诺
 1、发包人承诺按照法律规定履行项目审批手续,按照合同约定提供工程勘察条件和相关资料,并按照合同约定的期限和方式支付合同价款。
 2、勘察人承诺按照法律法规和技术标准规定及合同约定提供勘察技术服务。 
 
八、词语定义
本合同协议书中词语定义与本合同第二部分《通用合同条款》中的词语定义相同。
九、签订时间
 本合同于         年    月    日签订。
十、签订地点
 本合同在                                    签订。
十一、合同生效
 本合同自                                    生效。
十二、合同份数
 本合同一式    份,具有同等法律效力,发包人执    份,勘察人执    份。
 
 
 
 
 
 
 
 
 
 

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