Works And Engineering
GOVERNMENT OF BERMUDAMinistry of Public WorksAnnex D – Sample Form of Agreementand Sample Service ContractProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeWorks and EngineeringFeasibility Study, Preliminary Plans andSpecifications for the Replacementof Swing Bridge and Longbird BridgeBermudaAnnex DSample Form of Agreement and Sample Service ContractDate: February 10, 2017Project No. 44-28-75
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 1AGREEMENTThis Agreement dated this day of:April 15th 2017between[Name of Client]:The Government of Bermuda as represented by theMinistry of Public Worksof [Address of Client ]:Structures SectionMinistry of Public WorksGeneral Post Office Building3rd Floor, 56 Church StreetHamilton HM CXBermuda(hereinafter called “the Client”) of the one partandof(hereinafter called “the Consultant”) of the other partWHEREAS, the Client desires that certain Servicesshould be performed by the Consultant, namelyand has accepted a proposal by the Consultant for the performance of such Services.
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 2THE CLIENT AND THE CONSULTANT AGREE AS FOLLOWS:1In this Agreement words and expressions shall have the same meanings as are respectively assigned to them inClause 1.1 of the General Conditions.2The following documents shall be deemed to form and be read and construed as part of the Agreement, namely:3(a)any letter of offer by the Consultant;(b)any letter of acceptance by the Client;(c)this Client/Consultant Model Services Agreement;(d)the Terms of Reference(e)The Consultants Proposal(f)Price and Rate Schedules(g)Form of Agreement(h)Non-Collusion Certificate(i)Addenda(j)Particular ConditionsIn consideration of the payments to be made by the Client to the Consultant under this Agreement, the Consultanthereby agrees with the Client to perform the Services in conformity with the provisions of the Agreement.The Client hereby agrees to pay the Consultant in consideration of the performance of the Services such amountsas may become payable under the provisions of the Agreement at the times and in the manner prescribed by theAgreement.
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 3IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year stated abovein accordance with their respective laws.AUTHORISED SIGNATURE(S) OF CLIENTName:Signature:In the presence of:Name:Signature:Address:Ministry of Public WorksGeneral Post Office Building3rd Floor, 56 Church StreetHamilton HM CXBermudaAUTHORISED SIGNATURE(S) OF CONSULTANTName:Signature:In the presence of:Name:Signature:Address:
Model Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeGOVERNMENT OF BERMUDAMinistry of Public WorksDepartment of Works and EngineeringPage 4CONDITIONS OF CONTRACT1.0 Client/Consultant Model Services Agreement GENERAL CONDITIONSThe Conditions of Contract are the Client/Consultant Model Services Agreement, GeneralConditions, Fourth Edition, 2006, published by the Federation Internationale desIngenieurs-Conseils (FIDIC), attached under separate cover.The General Conditions of Contract are amended by the Particular Conditions of Contract.2.0 Client/Consultant Model Services Agreement PARTICULAR CONDITIONSPreambleThese Particular Conditions supplement the General Conditions, and shall modify, delete and/oradd to the General Conditions.Where any clause, paragraph, or sub-paragraph in the General Conditions is supplemented byone of the following paragraphs, the provisions of such clause, paragraph, or sub-paragraph shallremain in effect and the supplemental provisions shall be considered as added thereto.Where any clause, paragraph, or sub-paragraph in the General Conditions is amended, deletedor superseded by any of the following paragraphs, the provisions of such clause, paragraph, orsub-paragraph, not so amended, deleted or superseded shall remain in effect.Clause numbers herein refer to the same clause numbers as in the General Conditions.References from Clauses in the GENERAL CONDITIONS1.0 General Provisions1.1 Definitions1.1.2. Add the following:Project Name:1.2.3 InterpretationFeasibility Study, Preliminary Plans and Specifications for theReplacement of Swing Bridge and Longbird Bridge
Model Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeGOVERNMENT OF BERMUDAMinistry of Public WorksDepartment of Works and EngineeringPage 51.2.3 This clause is deleted in its entirety and replaced with the following;If there is a conflict between provisions of the Agreement Documents, the following shallapply:1.2.3.4.5.6.7.8.AgreementLetter of AcceptanceClient’s Request for ProposalAddendaParticular ConditionsGeneral ConditionsPost Proposal Submission Date CommunicationsConsultant’s Proposal1.4 Law and Language1.4.1Add the following:Language of the Agreement:Ruling language:EnglishEnglishLaw to which Agreement is subject:Law of BermudaAdd the following clause:1.4.2The Agreement shall in all respects be construed and operated in conformity with the Lawsof Bermuda and the respective rights and liabilities of the parties shall be in accordance withthe Laws for the time being in force.1.8 Notices1.8.1 Delete from the end of the last sentence:“or by telex subsequently confirmed by letter”Add the following clauses;1.8.2Client’s address:
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 6Ministry of Public WorksDepartment of Works and EngineeringP. O. Box HM 5253rd Floor Post Office Building56 Church Street, Hamilton HM12, BermudaAttention:Contact Name: Mr. Mike Murphy, P Eng.Phone: 1-441-325-1655E-mail: mmurphy@gov.bm1.8.3Consultant’s address:Attention:Contact Name:Phone:E-mail:1.9Publication1.9.1 This clause is deleted in its entirety and replaced with the following clause;The Consultant shall obtain the written consent of the Client before publishing or issuingany information or speaking to the public or media regarding any aspect of the Project.2.0The Client2.7 Client’s Representative
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 72.7.1 This clause is deleted in its entirety and replaced with the following clause;For the administration of the Agreement the Client shall designate an official or individual tobe his representative.Client’s Representative: Mr. Mike Murphy P Eng2.7.2 Add the following;The Client’s Representative may delegate any duties to another and may at any such timerevoke such delegation. Any such delegation or revocation of delegation shall be made inwriting.3.03.6The ConsultantRepresentatives3.6.1Add the following:Consultant’s Representative:The Consultant’s Representative shall be approved by the Client in writing4.0 Commencement, Completion, Variation & Termination4.2Commencement and Completion4.2.1Add the following:Commencement Date:Completion Date:4.8Exceptional Circumstances4.8.2 Add the following sentence to the end of the clause:“The extent of time is to be agreed by both parties and be evidenced in writing.”
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and Engineering5.05.1Page 8PaymentPayment to the Consultant5.1.2 In line 1 delete “Unless otherwise” and insert with“Where previously”and;add the following sub-clause:(c) or alternatively to sub clauses (a) and (b) where agreed by both parties in writing, anegotiated fixed fee.5.2Time and Payment5.2.1 This clause is deleted in its entirety and replaced with the following clause;The amount due to the Consultant shall be paid by the Client to the Consultant within 28days of receipt of the request for payment.5.3Currencies of Payment5.3.1 Add the following:Currency of Agreement: Bermuda Dollars.5.4 Third Party Charges on the Consultant5.4.1 This clause is deleted in its entirety and replaced with the following clause;The Consultant shall be required to pay Bermuda Taxes on all Equipment (except asdescribed in the Fifth Schedule, Section 2 of the Bermuda Customs Tariff) materials andother things of whatsoever nature brought into Bermuda for the purposes of the Agreement.5.6Independent Audits5.6.2 Delete the following from the second paragraph:
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 9“ require that a reputable firm of accountants nominated by him, audit any amount .”Replace with“ require that the Accountant General or his designated person audit any amount ”6.0Liabilities6.1 Liability and Compensation between the PartiesAdd the following clause;6.1.3 (b) Delete “Clause 6.3.1;” and replace with “Clause 6.3.4;”6.1.4Neither the members nor the staff of the Client shall be in any way personally bound orliable for the acts or obligations of the Consultant under the Agreement or answerable forany default or omission in the observance or performance of any of the acts, matters orthings which are herein contained.6.2Duration of LiabilityAdd the following clause;6.2.2Consultant’s Professional Liability Insurance;12 years reckoned from: Receipt of Final Report.6.3Limit of CompensationAdd the following clause;6.3.4Limit of Compensation;One Million United States Dollars (US 1,000,000)
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and Engineering6.4Page 10IndemnityThis clause is deleted in its entirety and replaced with the following clauses;6.4.1The Consultant shall be liable for and shall indemnify the Client against any reasonablyforeseeable expense, liability, loss, claim or proceedings in respect of any loss of or injury ordamage to any property, real or personal insofar as such loss injury or damage arises out ofor in the course of or by reason of the negligent performance of the Services hereunder andto the extent that the same is due to any negligent breach of legal duty, omission or defaultof the Consultant, his employees or agents or of any person employed or engaged by theConsultant upon or in connection with the performance of the said Services or any partthereof by his employees or agents.6.4.2The Consultant warrants that they have fully satisfied themselves as to the scope andnature of the Services and of the obligations under this Agreement.6.4.3Without prejudice to the previous Clause, the Consultant shall at all times during the projectmaintain in force such policies of insurance with reputable insurers or underwritersapproved by the Client and shall fully insure and indemnify the Client against all insurableliabilities which may be incurred under the said previous clause.7.07.1InsuranceInsurance for Liability and IndemnityThis clause is deleted in its entirety and replaced with the following clause;7.1.1 The Consultant shall provide the following insurances;(i)Professional Liability Insurance.(ii)Public / Third Party Insurance to the value of:One Million Dollars ( 1,000,000)The Consultant ensures that the policy includes an “Indemnity to Principal” provision instandard insurance industry terms.
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 117.1.2The Consultant shall provide evidence to the Client prior to the commencement of theServices that the insurances required under the Agreement have been affected and shallprovide copies of the broker's certificates to the Client within 28 days of the CommencementDate. In the event that such insurance becomes unavailable on commercially reasonableterms and rates, through no fault of the Consultant, the parties shall agree what stepsshould be taken to protect the interests of the parties under this Agreement.7.1.3Where possible the Consultant shall ensure that coverage provided by all insurancesrequired under the Agreement will not be changed or amended in any way nor cancelled bythe Consultant until sixty (60) days after written notice of such change or cancellations hasbeen personally delivered to the Client.8.0Disputes and Arbitration8.3 ArbitrationThis clause is deleted in its entirety and replaced with the following clauses;8.3.2Rules for Arbitration:To be held in Bermuda as per the requirements of the Bermuda International Arbitration andConciliation Act 1993.8.3.3No person shall be appointed to act as an arbitrator who is in any way interested, financiallyor otherwise, in the conduct of the Services on the Project or in the business or other affairsof either the Client or the Consultant.Additional Clauses to be added to the GENERAL CONDITIONS9.0Strikes and Lockouts9.1The Consultant shall forthwith notify the Client of the commencing of any strike or lock-outand the Client on account of any delay caused thereby may grant such extension of time ashe considers reasonable without prejudice to the right of the Client to exercise after theexpiration of such reasonable extension of time the rights and powers under these
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 12Conditions in case of default by the Consultant.10.0Law, Regulations and Orders10.1The Consultant shall make himself fully acquainted with the Laws, Regulations andOrders of Bermuda and of any competent/statutory Authority and shall conform in allrespects therewith during the continuance of the Agreement. He shall conform similarly withany such Laws, Regulations and Orders, which may come in to force after the proposalsubmission date.11.0Arithmetical Accuracy of Proposal11.1The Client accepts no responsibility for the arithmetical or other accuracy of theConsultant’s Proposal should it transpire after the Agreement has been executed that thereare arithmetical mistakes in the accepted Proposal which would have increased ordecreased the total amount of the Proposal had such mistakes not been made, the itemsaffected will be paid for in accordance with the actual measurements of Services performedand with the unit prices inserted against the said items.12.0Continuity of Supply and Connections to Existing Work12.1The Consultant shall carry out the Services so that there is the minimum of interruption tothe supply of water, telephone, electricity and other services through existing mains andservices. Services involving interference with existing works of any kind shall only becarried out with the permission of and during such times and in such a manner as areagreed in writing by the Client or competent Authority.13.0Consultants Offices, Yards, Stores, Etc.13.1The Consultant shall make his own arrangements for alllocal accommodation he mayrequire for offices, yards, stores, labour, etc., all buildings and all services inconnection therewith which are required for the efficient execution of the Services. TheConsultant shall pay proper regard to the prevention of obstruction and the avoidance ofnuisance to the public and to residents.
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and Engineering14.0Page 13Approval by Other Authorities14.1Where the work of the Consultant is subject to the approval or review of an authority,department of Government, or agency other than the Client, such applications for approvalor review shall be the responsibility of the Consultant, but shall be submitted through theoffices of the Client and unless authorised by the Client in writing, such applications forapproval or review shall not be obtained by direct contact by the Consultant with such otherauthority, department of Government or agency.14.2The consultant shall ensure that a valid work permit is in place for all non-Bermudian staffworking in Bermuda.15.0Patents15.1All concepts, products or processes produced by or resulting from the Services rendered bythe Consultant in connection with the Project, or which are otherwise developed or firstreduced to practice by the Consultant in the performance of his Services, and which arepatentable, capable of trademark or otherwise, shall be and remain the property of theConsultant.15.2The Client shall have permanent non-exclusive royalty-free license to use any concept,product or process, which is patentable, capable of trademark or otherwise produced by orresulting from the Services by the Consultant in connection with the Project and for no otherpurpose or project.16.0Inspection16.1The Client, or persons authorized by the Client, shall have the right, at all reasonable times,to inspect or otherwise review the Services performed, or being performed, under theProject and the premises where they are being performed.17.0Confidential Data17.1The Consultant shall not divulge any specific information identified as confidential,
GOVERNMENT OF BERMUDAModel Services AgreementProject No. 44-28-75Feasibility Study, Preliminary Plans and Specifications forthe Replacement of Swing Bridge and Longbird BridgeMinistry of Public WorksDepartment of Works and EngineeringPage 14communicated to or acquired by him or disclosed by the Client in the course of carrying outServices provided for herein. No such information shall be used by the Consultant on anyother project without the approval in writing of the Client.19.0Taxation19.1The Contractor shall be required to pay Bermudian Taxes on all Contractor’s Equipment(except as described in the Fifth Schedule, Section 2 of the Bermuda Customs Tariff)materials and other things of whatsoever nature brought into Bermuda for the purpose ofContract.20.0Bribery20.1Any commission, advantage, gift, gratuity, reward, or bribe given, promised, or offered by oron behalf of the Contractor or his agent or servant or any person on his or their behalf to anyofficer, servant, representative, or agent of the Employer or of the Engineer or to any personon their behalf or on behalf of any of them in relation to the obtaining or to the execution ofthis or of any other Contract with the Employer shall in addition to any criminal liability whichmay be thereby incurred subject the Contractor to the cancellation of this and of all othercontracts which he may have entered into with the Employ
1.0 Client/Consultant Model Services Agreement GENERAL CONDITIONS . The Conditions of Contract are the Client/Consultant Model Services Agreement, General Conditions, Fourth Edition, 2006, published by the Federation Interna
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