1. Government of Bermuda – Agreement Acknowledgment
Document´s structure and sections’
names
Start with the signature, small table of content then appendix, the conditions of contract and finally additional clauses
Acknowledgment Letter
Agreement
Appendix to Agreement
Conditions of Contract
Scope definition
Costs statement
Schedule management
Scope definition :
Available on the agreement “ Water
Main Replacement, Middle Road,
Devonshire”
Costs statement :
1. “The Contractor shall be responsible for the provision of
all, power water and other services that he may require
for the Works and shall pay and bear all costs
associated therewith”
2. “The Contractor shall pay to all Foremen, Craftsmen
and Labourers not less than the rates of wages for the
various Foremen, Craftsmen, and Labourers that
prevail in Bermuda, and comply with such requirements
relating to hours of work and conditions of labour as are
or may be laid down from time to time by the Laws of
Bermuda”
Schedule management :
Time for completion. Within 14 days of
the Commencement Date Amount
payable due to failure to complete
“Notice to proceed“ instructions Not clearly define but the first appendix give some expectation about process
“ The Contractor shall post notices to inform the workers of their conditions of work in conspicuous places at the establishments and work
places concerned. “
Availability of a glossary Not included in this contract
Management of changes Not included in this contract
Termination clauses « In no event shall the making by the Employer of any payment to the Contractor constitute or be construed as a waiver by the Employer of
any breach of Contract, or any default which may then exist, on the part of the Contractor, and the making of any such payment by the
Employer while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the Employer in
respect of such breach or default. “
Disputes resolution Clearly define in the article 15 through Notice of Dissatisfaction and arbitration, in accordance with the Bermuda Arbitration Act 1986
Other relevant aspects Details to be Confidential, Debt Recovery, Facilities for Staff & Labour
2. Atlantic Financial Group, LTD. And Borders, INC. – Construction Agency Agreement
Document´s structure and
sections’ names
1. Definitions
2. Appointment of construction agent
3. The buildings
4. Payment of funds
5. Construction agency events of default
6. No construction agency fee
7. Lessor’s rights; construction agent’s rights
8. Miscellaenous
Scope definition
Costs statement
Schedule management
Scope definition :
The Construction Agent or any sub-contractor can
take actions for the performance and satisfaction of
all of the Construction Agent's obligations with the
respect to the Leased Properties acquired
Costs statement : Funding of Property
Acquisition Costs and Property
Buildings Costs. Cost of failure or
improvement and so on.
There are lot of condition cost according
to the evolution of the construction
Schedule management :
Following the Construction Commencement
Date for each parcel of Land Property to be
completed within sixty (60) days after said
Completion Date
“Notice to proceed“ instructions Shall be written and sent to the respective addresses set forth in, and the effectiveness thereof shall be governed by the provisions of, Section
8.2 of the Master Agreement
Availability of a glossary Small glossary in article 1 “definition of term”
Management of changes The Construction Agent may subject to the restrictions and limitations set forth herein and in the Operative Documents (but not otherwise), at
any time during the term hereof revise, amend or modify the Plans and Specifications and the related Construction Documents without the
consent of the Lessor; provided, however, that the Lessor's prior written consent in the following
Termination clauses The project will be terminate when:
1. “Payment by the Lessee of the Leased Property Balance and termination of the Lease”
2. The expiration or earlier termination of the Lease
3. The payment by the Construction Agent of the Leased Property Balance or the Construction Failure Payment with respect to such
Leased Property pursuant to this Agreement
Disputes resolution If at any time prior to the Completion Date with respect to any Building there occurs a Casualty or a Construction Force Majeure Event or the
Lessor or the applicable Construction Agent receives notice of a Condemnation
« If a Construction Agency Event of Default hereunder relates only to a specific Leased Property or specific Leased Properties but not all
Leased Properties, the Construction Agent shall have the right, at its option, to cure such Construction Agency Event of Default by purchasing
(a "Construction Purchase") such affected Leased Property or Properties for the Leased Property Balance(s)”
Other relevant aspects Construction Agent’s Rights; Miscellaneous; Lessor’s Rights
3. Project Management Services for Projects of Indefinite Scope / Indefinite Quantity
Document´s structure and
sections’ names
Agreement Letter
1. Terms of Agreement
2. Maximum Authorized Contract Sum
3. Scope of Services
4. Service provider’s general services and
responsabilities
5. The owner Responsabilities
6. Acceptance of Work
7. Compensation for service rendered
8. Reimbursable expenses
9. Invoicing
10. Service provider’s accounting
records
11. Ownership and use of documents
12. Termination of agreement
13. Dispute resolution
14. Insurance
15– Indemnity
16. Historically underutilized
businesses
17. Miscellaneous provisions
18. Notices
The structure of this contract contain more
detailed, there is a first part with all articles
and agreements, second part with signature
and seal and the third part with all exhibit
Scope definition
Costs statement
Schedule management
Scope definition : available on exhibit E that
summarise goal, schedules, monitoring
Cost statements : available on different
exhibit such as Exhibit F according to each
task for instance, cost of control, design
cost, construction cost
Schedule management : the schedule is managed
through fee schedule and Service Provider's
schedule
“Notice to proceed“
instructions
Clearly define on the article 3.06 : “Upon approval of a Project Proposal by the Owner, the Owner shall issue a written Notice to Proceed. The
Notice to Proceed authorizes the Service Provider to begin the work identified in the Project Proposal on the date specified in the Notice. The
Notice to Proceed shall include a Purchase Order number specific to the project.”
Availability of a glossary Not clearly defined as a glossary but some articles or exhibit are well explained
Management of changes The Owner and the Service Provider shall review Service Provider’s Project Proposal and negotiate any changes, clarifications or modifications
there to.
Termination clauses Article 12 : Termination for Cause, Termination for Convenience. Both may be terminated by either party upon ten (10) days’ written notice.
Compensation In the event of termination not the fault of the Service Provider, the Service Provider shall be entitled to compensation for all
services satisfactorily performed to the termination date
Disputes resolution Clearly define on article 13 : governed by Texas Government Code, Chapter 2260, as it may be amended from time to time, unless pre-empted by
other applicable law. The submission, processing and resolution of Service Provider's claims are governed by rules adopted by the Texas Attorney
General at 1 Tex. Admin. Code, Chapter 68, as currently effective or subsequently amended.
Other relevant aspects Indemnity, Provisions, Acceptance of Work, Miscellaneous