GENERAL SERVICES QUOTE FOR THE

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1 Malta Industrial Parks Limited Gwardamangia Hill, Pieta' MEC 0001, Malta Telephone: (356) Co. Reg. No.:C28965 VAT Reg. No.: DEPT REF MIP/TQF/GEN/Q75/12 NUMBER: GENERAL SERVICES QUOTE FOR THE PROVISION OF ARCHAEOLOGICAL MONITORING SERVICES Participation Fee: Free Date Published: Friday 21 st December 2012 Closing Date: Monday 14 th January 2013 at 10:00am CET IMPORTANT: Clarifications will be available to view / download from the relevant tender page of the Malta Enterprise website: Contractors are to send an on tenders@maltaenterprise.com for any queries. Page 1 of 17

2 A. Instructions to Participants By submitting a quote the contractor is signifying that it accepts all the conditions of this call for quotes in full and without reservations. Any submission by the bidder in contradiction to the terms of this quote may render the quote non compliant, subject to the sole discretion of MIP. 1. Submissions Interested parties are invited to send their submission by 10:00am (Local Time) of Monday 14 th January All submissions are to be sealed, clearly marked (Call for Quotations for Archaeological Monitoring Services) and deposited in the tender box at the main entrance of Malta Industrial Parks Ltd at the following address: Malta Industrial Parks Ltd Gwardamangia Hill Pieta MEC 0001 Malta Submission Requirements Interested parties are to provide the following: a) Administrative Compliance Interested service providers are to provide the following: i. Contractor s contact details including postal address, address, telephone number and VAT number (see Appendix 1) ii. Sufficient proof that the contractor, whether an individual or a corporate entity is registered with the relevant competent authorities, such as the VAT Department and, consequently, capable of offering the requested supplies outlined in this request for quotations. iii. Statement of Conditions of Employment (Appendix 3) b) Technical Compliance Interested contractors are to provide a signed statement (Appendix 2) attesting to their conformance with the conditions of this CFQ and relevant experience (Appendix 4). Personnel proposed in the execution of this contract shall be required to be recognized as Archaeological Monitors by the Superintendence of Cultural Heritage. The Evaluation Committee reserves the right to request the bidders to substantiate their claims in respect to the staff proposed by requesting (i) CVs of staff proposed, (ii) confirmation that they are sufficiently qualified and recognized by the Superintendent of Cultural Heritage to carry out all the archaeological Monitoring which may be necessary, (iii) as well as signed Declarations of Exclusivity and Availability during the evaluation stage. Bidders are to provide such information within one week from being asked to do so. Page 2 of 17

3 c) Financial Offer Rates inclusive of VAT and all other charges/taxes as may be applicable for the provision of the service as described in these Terms of Reference matching the requirements as set out in this Call for Quotations. Schedule of Prices Important note to schedule of works(1): A works order will be issued by MIP in writing for each allocated site. Before commencement of work on site, works must be quantified (inclusive of hours and reports required for that particular site) and pre agreed by MIP in writing. A copy of the works order must be attached to the respective invoice. No reimbursement for travelling will be entertained. Important note to schedule of Works (2): Being a general quote the quantities are subject to change during contract execution, as directed by MIP. The contractor cannot claim any change in rates due to such change in quantities. Item Description Qty Unit Rate EUR Amount including Taxes, Other Duties & Discounts EUR 1 Submission of a preliminary report prior to the start of works as requested by the Superintendence of Cultural Heritage. MIP is to also receive a copy of this report. All items necessary for project start up are deemed included in this item for billing purposes. 2 Site Archaeological Monitoring of works and site inspections as directed by the superintendent of cultural heritage or other relevant authority. Submission of any communication/update as requested by the superintendence of Cultural Heritage and MEPA are deemed included in rate. With each submitted invoice, Contractor shall submit the following details: Date of the visit, hours spent on site, activity conducted and items inspected, colour photos of the inspected works. With every item there should also be attached a reference to the request by the superintendent for such inspection to have taken place or report to have been prepared. This report needs to be presented with every payment. Attendance for meetings as requested by Contracting Authority is to be taken as included in the rates and no hours for such meeting attendance is to be invoiced for payment. 1 Per report 150 Per hour (travelling time to and from site of works is not paid). Page 3 of 17

4 3 Submission of Weekly Progress Reports as requested by the Superintendent of Cultural Heritage or any other Authority. The Superintendent s request, as well as the Superintendent s acknowledgement of receipt of the report, need to be provided for billing purposes. 4 Submission of a Programme of works as required by the Superintendence of Cultural Heritage. The superintendent s request as well as the Superintendent s acknowledgement of receipt of the report need to be provided for billing purposes. 5 Preparation/Submission of a Discovery Report. MIP needs to be given a copy of this report when invoicing for its payment. 6 Submission of a final Archaeological Monitoring Report at the end of works. This report needs to confirm Compliance with permit conditions enabling release of any bank guarantees. All other items necessary for project closure are included in this rate. 20 Per report 2 Per report 3 per report 1 per report Total In submitting its bid, the bidder must take into consideration the eventuality that it might be obliged to execute an order for archaeological monitoring services beyond normal working hours. Such work beyond hours shall not be paid extra other than as provided in the bill of quantities above. 2. Evaluation. Administrative Compliance The Corporation will check the compliance of offers in terms of the administrative submission requirements. Technical Compliance At this step of the evaluation process, the Corporation will analyse the administratively compliant offers technical compliance in relation to the technical requirements: Contractor s Statements (see Appendix 2) Experience as Contractor (see Appendix 4) Staff Proposed (supplied by Contractor) MIP reserves the right during the evaluation stage to request additional information in relation to information submitted. Bidders are required to comply with such a request within 5 working days from being asked to do so. Bidders will be ranked and shortlisted. Page 4 of 17

5 The shortlisting of Bidders is strictly directed to identify those contractors who can meet a set of standards and offer a level of service to suit the needs of MIP. Financial Evaluation Financial proposals, for offers which were not eliminated during the technical compliance (i.e. those found to be technically compliant) will be evaluated. Evaluation Criteria The sole award criterion for technically compliant offers will be the price. The cheapest priced offers will be accepted if it meets and/or exceeds the minimum requirements as per Terms of Reference and satisfying the administrative, technical and financial compliance. 3. Clarifications Interested parties are required to submit questions in writing to MIPthrough sending an to tenders@maltaenterprise.com by not later than 4 th January 2013 at 12:00hrs. MIP shall reply to all questions and amend the Call for Quote Notice by publishing clarification notes on the following link by not later than 8 th January Right of MIP to accept or reject any Bid MIP reserves the right to accept or reject any quotation or reject all quotations. MIP reserves the right to initiate a new invitation to quote. In the event of cancellation of this call for quotations, bidders will be notified by MIP. If the call for quotation is cancelled before the sealed envelope of any offer has been opened, the sealed envelopes will be returned, unopened, to the respective bidder. Cancellation may, at the discretion of MIP, occur where: (a) the call for quotation has been unsuccessful, namely where no qualitatively or financially worthwhile offer has been received or there has been no response at all; (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project impossible; (d) all technically compliant offers exceed the financial resources available; (e) there have been irregularities in the procedure, in particular where these have prevented fair competition. In no circumstances will MIP be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of an offer, even if MIP has been advised of the possibility of damages. MIP reserves the right to conclude this call for quotations with the successful Contractor within the limits of the funds available. MIP, moreover, is entitled to reject any Call for quotations not accompanied by the required documentation, or which is incomplete. Page 5 of 17

6 Appendix 1: Contact Form Contact Details Company Name Address VAT No. Telephone Fax Website Contact Person Name ID Number Designation Telephone Fax Mobile Signed on Behalf of Contractor Name Designation Signature Date Page 6 of 17

7 Appendix 2: Contractor s Statements We, the undersigned, hereby confirm that: We have thoroughly read, understood and accepted to adhere with the conditions enclosed in the quotation document. We shall provide our services in line with the service levels listed in this CFQ. We have at least 3 years of experience in archaeological monitoring services and the personnel who will perform the service have at least 3 years of experience in such services. The names of the personnel are being included in this bid. The quoted sum, as per Bill of Quantities, are inclusive of all costs, which may be required during the term of the contract. Signature:... (the person or persons authorised to sign on behalf of the contractor) Date:... Page 7 of 17

8 Appendix 3: Statement on Conditions of Employment Service Providers are to ensure that self employed personnel registered with Maltese Authorities are not engaged as employees of the company on this contract. Self employed personnel may be engaged as subcontractors or as partners in a Joint Venture. Non compliance will invalidate the contract. It is hereby declared that all employees engaged in the execution of supplies shall enjoy working conditions such as wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or codes of practice or any amendment thereto in effect during the execution of the contract. In the event that it is proved otherwise during the execution of the service it is hereby being consented that the contract will be terminated with immediate effect and that no claim for damages or compensation be raised by us. The Service Provider agrees and commits to submit a copy of the monthly payslips of the employees being detailed to carry out the services and also the copies of the FS3 forms if so requested, within 5 working days of receiving the request. Signature:... (the person or persons authorised to sign on behalf of the bidder) Date:... Page 8 of 17

9 Appendix 4: Experience as Contractor Evidence of the company s relevant documented experience relating to the service subject of this call for quotations: List of contracts performed during the past three years (2010, 2011 and 2012), where archaeological monitoring services were provided by the bidder. The minimum number of contracts in the last 3 years (2010, 2011 and 2012) must be at least 2 in number. Description of Total Value of Starting Ending Client*/ Services Services Month and Year Month and Year Contracting (Euro incl. VAT) Authority* In so listing the end clients, the bidder is giving his consent to the Evaluation Committee, so that the latter may, if it deems necessary, contact the relevant clients, with a view to obtain from them an opinion on the works provided to them, by the bidder. Signature:... (the person or persons authorised to sign on behalf of the bidder) Date:... Page 9 of 17

10 Appendix 5: Draft Contract THIS CONTRACT for Archaeological Monitoring Services (Ref. No. MIP/TQF/GEN/Q75/12) made this [date] There appear on this agreement: Of the first part, Dr. Sue Vella, holder of identity Card Number [ ]M Chief Executive Officer, who appears for and on behalf of Malta Industrial Parks Ltd (C ), a limited liability company having its offices at Gwardamangia Hill, Pieta MEC 0001,duly authorised for the purpose, and hereinafter referred to as MIP And of the second, [ ], holder of ID card number [ ]M, [Position], appearing hereon for and on behalf of [ ] of [ ] a limited liability Company bearing Registration number C[ ], having its registered office at [ ], duly authorised for the purpsoe by virture of the Company s Memorandum and Articles of Association, and hereinafter referred to as the Contractor ; The following documents shall be deemed to form and be read and construed as an integral part of this contract, in the following order of precedence: (a) this contract; (b) the conditions as per this contract; (c) the technical specifications of MIP s requirements; (d) the quotation submitted by the Contractor; (e) the financial offer (after arithmetical corrections)/breakdown; (f) the written clarifications; Any addenda shall have the order of precedence over the document they are modifying. NOW THEREFORE, the parties hereto agree as follows: 1. Definitions In this Contract the following terms shall have the meanings hereinafter assigned to them unless in the context otherwise requires: Contract means this agreement between the Parties for the provision of the Services as described herein, including all appendices hereto and all documents incorporated herein to which reference may properly be made in order to ascertain the rights and obligations of the Parties; General Quote is intended to include a wide variety of envisaged works which are routine in nature bearing in mind the core function of MIP. The works covered by this type of quote could refer either to specific properties located within industrial zones for which MIP is responsible or to common areas forming part of the said industrial zones. Works required in terms of a general quote will be carried out on an as and when necessary basis. For each task, a works order will be issued to the Contractor by MIP, indicating inter alia, the location of the works, the quantities and items required as per tender Bill of Quantities, the commencement date and the period of execution for the completion of the works. The rate of any additional item not included in the BOQs must be pre agreed in writing before the commencement of works. Payment will be effected for each works order once completed following certification by MIP. Such works will be paid upon presentation of works order and the relevant invoice matching the certificate of payment, as approved by MIP. The general quote shall be deemed to be exhausted once the aggregate of the work orders approved reaches the total contract value of the tender, even though some items in the BOQs may have been unutilised. Page 10 of 17

11 Project defined as a Construction project of any size in a particular location. A Project may be any type of roadworks, trenching works, building construction/finishing, mechanical and electrical works, or/and excavation works (such as reservoir construction). A project may have more than one contractor working on it and the components of it may have more than one MEPA permit number. Project Manager means MIP s representative and contact point during the execution of the Contract; Parties means the Contractor and MIP jointly; Personnel mean the Contractor s personnel engaged in the execution of the Contract; Services means the provision of any and all services related to Archaeological Monitoring Services as detailed in this Contract and the Financial Bid, including any services, resources or materials and any other ancillary services necessary for the successful execution of the Contract to the satisfaction of MIP; Supervisor means the Contractor s representative/s during the execution of the Contract, who shall be duly qualified and approved to act as Archaeological Monitors. Third party means any entity other than MIP and the Contractor. 2. Contract Objectives By virtue of this agreement, MIP hereby engages the Contractor, who accepts and undertakes, to provide the required archaeological monitoring services in accordance with the terms and conditions of this contract. 3. Services 3.1 The Services to be provided by the Contractor to MIP as part of this General Quote shall include, but shall not be limited to, the following: Supervision of Projects related to construction works, which may include excavation works, multiple contractors, machinery and multiple MEPA permits, specifically the archaeological supervision of works, in accordance with the Bill of Quantities in any site in Malta and Gozo. 4. Deliverables/Results to be achieved by Contractor In the execution of this Agreement, the Contractor shall: provide archaeological supervision to the satisfaction of MIP, the Superintendant of Cultural Heritage, and MEPA; ensure the protection of the Archaeological Heritage; ensure there are no Delays in site operations; ensure to safeguard all guarantees put as security by MIP and compliance with MEPA conditions; complete the Services within the service levels and within the agreed budget; assign experienced and qualified personnel who are approved as Archaeological Monitors by the Superintendence of Cultural Heritage and have the ability to carry out the services requested by MIP as stated in this contract; Page 11 of 17

12 ensure that the standard of services rendered under this contract must remain to the satisfaction of MIP at all times during the term of this contract; be flexible in the provision of its Services in order to service MIP better; escalate any issues which may potentially impact the Services; avoid conflict of interest in the responsibilities assigned; act professionally in all its dealings with MIP; adhere to industry standards, methodologies, techniques and procedures and exercise a degree of skill, care and diligence in accordance with generally accepted practices and principles; unconditionally guarantee the labour and the materials used in the performance of this Agreement; consult, co operate fully, and provide sufficient support to MIP and other third parties; prepare and submit any necessary reports, including any photographic evidence as required. 5. Contractor Obligations The Contractor shall nominate a Supervisor, who shall be the Contractor s representative during the execution of the contract and shall be required to be approved as Archaeological Monitor by the Superintendence of Cultural Heritage. The Supervisor shall: be available as required for works; be expected to be present for meetings and site visits, as well as sign off any necessary reports; communicate directly with the Superintendence of Cultural Heritage and shall produce all the monitoring and reporting required by the Superintendence and the Heritage Planning Unit (HPU) MEPA and shall work in accordance with the Terms of Reference issued by the Superintendence; give due consideration to the archaeological sensitivity of the areas under the Contractor s supervision whilst monitoring all site works in order to safeguard any cultural heritage remains that might be uncovered; keep the Superintendence of Cultural Heritage and Heritage Planning Unit (HPU) MEPA, regularly updated; liaise closely with and communicate directly with the officers of the Superintendent of Cultural Heritage and the Heritage Planning Unit (MEPA). inspect the site, prior to commencement of works, to confirm the presence, or otherwise, of any existing archaeological features; take photos of the site before the start of works and shall carry out necessary desktop/field research to inform him/herself with known cultural heritage sites in the surrounding area; regularly inspect the site and carry out any constant supervision as directed; compile a Preliminary Surveillance Exercise as directed by the Superintendence of Cultural Heritage ; regularly inspect, as necessary, the site works during the soil/material excavation, with Surveillance Data Sheets to be compiled by the approved archaeology monitor during the course of this stage; take a Digital Photographic Record of the site during excavation works; inform the Superintendent of Cultural Heritage at each instant of the works and provide all reports needed; procure, at own expense, all tools and equipment necessary to perform the tasks at hand; carry out a final inspection during the construction works to ascertain that all works requiring Archaeological Monitoring were completed; keep Surveillance Data Sheets and any other documents for all stages of works as outlined in Operating Procedures and Standards for Archaeology Services, in line with the Cultural Heritage Act (and all applicable laws and regulations) and as directed by the Superintendence of Cultural Heritage; keep a Digital Photographic Record of the site for all stages of works. Such records shall be available for the inspection and scrutiny of MIP which has the right to demand any copies at no expense to itself; Page 12 of 17

13 inform the Superintendence of Cultural Heritage immediately in case of a discovery. In such case the Supervisor and shall be expected to take over, supervise and co ordinate works in a way that ensures strict compliance with the directives of the Superintendent or any other competent Authority; inspect the site, on completion of works, to confirm that works have been carried out as per approved drawings and that no features of cultural importance have been damaged; produce and submit a written report, where necessary, to the HPU, to be accompanied by graphic documentation, photos, maps, illustrations and/or other drawings within 4 weeks of completion of works. The report shall include photos of site, before commencement of works, during works and after completion of works; be authorised, in case of emergency, to order a stoppage of works to prevent irreparable damage from occurring; provide his personnel with all necessary tools, equipment and protective wear. The equipment and tools shall be well maintained, calibrated, and in proper working order before used in the performance of the service; guarantee that the work area is kept safe during the service and left clean/undamaged after carrying out the service; execute an order for archaeological services beyond normal working hours as may be required by MIP; obtain and maintain all approvals, permissions, permits and licenses required to comply with all applicable national laws and regulations in force during the execution of the contract, especially but not limited to labour, employee conditions and Health and Safety regulations; ensure that all personnel employed during the execution of the contract are properly trained, experienced and motivated; not assign any part of the Services; comply with administrative orders given by the Project Manager; ensure that the Supervisor and any other staff involved in the execution of the contract are adequately supported and equipped to carry out their obligations in terms of this contract; not enter into any contracts on MIP s behalf or bind MIP to pay any other fees, monies or charges; indemnify MIP for the loss or damage incurred in the event that the Contractor fails to inform MIP of any issues, which may potentially impact the provision of the services, and MIP suffers any loss or damages due to the negative impact on the provision of the Services. 6. The Project Manager MIP shall nominate a Project Manager, who shall act as the contact point during the execution of the contract. The Project Manager shall act as MIP s representative on site. The Project Manager shall: (i) organise meetings with the Contractor; (ii) confirm that all services are in accordance with the specifications, appropriate standards and codes of good practice; (iii) monitor the Contractor s performance and progress; (iv) sign off on Contractor s invoices. The Project Manager shall have the right throughout the execution of this Contract to inspect the work, and to request any alterations as may be required and to reject any parts of the service which he may disapprove. Page 13 of 17

14 7. Insurance 7.1 The Contractor shall ensure that he has adequate insurance cover for the duration of the contract. 7.2 The Contractor shall be in possession of a suitable liability insurance policy that covers both personnel and any other third party liability, which may be incurred in the process of providing Services as required by this Contract. 7.3 The Contractor shall adequately insure for the total duration of this Contract: i. against risk of damage to the equipment, or any part thereof, or materials or equipment for incorporation therein, for which the Contractor is responsible for the maintenance thereof, through this contract, with the number of occurrences unlimited ii. against each party s liability for any loss, damage, death or bodily harm, that may be caused to third parties, or to any person that is authorized to be on site at any given time, or any damages to property belonging to third parties, including loss of profits that may be sustained by third parties. 7.4 The Contractor shall be solely responsible to provide adequate insurance cover for the total duration of this Contract. 8. Price Schedule 8.1 The Price to be paid by MIP to the Contractor for the Services to be provided in terms of this Contract inclusive of all taxes (Customs Import Duty, Levy and other charges or taxes) but including VAT shall be as per BOQ (see Financial offer). 8.2 Payments shall be made monthly, in Euro, on the presentation of the relevant invoice by the Contractor for works which have been specifically required by MIP and carried out to its full satisfaction. 8.3 MIP shall not be responsible for any expenses, unless pre agreed by both parties in writing. MIP shall not be liable for, or in respect of, any damages or compensation payable to any workman or other person in the employment of the Contractor, or any subcontractor or any agent. The Contractor shall indemnify and keep indemnified MIP against all such damages and compensation and against all claims, proceedings, damages, costs, charges, and expenses whatsoever thereof or in relation thereto. Without prejudice to the Contractor s obligations in terms of the Contract, the Project Manager s instructions to the Contractor to replace any of the Contractor s employed persons whoare found hampering the execution of the works is final and without recourse to appeal by the Contractor. 8.4 All meetings as requested by MIP, Superintendant of Cultural Heritage, or MEPA or any other entity need to be attended without asking for any charge. 8.5 The fees of Financial Offer (Bill of Quantities) shall be deemed to include the provision of any consultancy with respect to Archaeological Heritage as may be requested by MIP. 8.6 Any other task necessary as per legal or other requirements, for effective implementation of the scope of works (i.e. Archaeological Monitoring) is deemed as included in the rates and will therefore not be paid extra. Page 14 of 17

15 9. Assumptions & Risks 9.1 Officials from the Superintendence of Cultural Heritage and the Heritage Planning Unit shall inspect the site as often as deemed necessary. 9.2 The Contractor shall ensure that the employment of its personnel is in accordance with the current Maltese legislation. Furthermore, the Contractor shall ensure that no self employed persons are included amongst the archaeological personnel to be detailed in terms of this agreement. 9.3 The Contractor hereby guarantees that all employees engaged on this contract shall enjoy working conditions such as wages, salaries, vacation and sick leave, maternity and parental leave according to law. Furthermore, the Contractor shall comply with Chapter 424 of the Laws of Malta (Occupational Health and Safety Authority Act) as well as any other applicable laws and, regulations, standards and/or codes of practice. In the event that it is proved otherwise during the execution of the contract. 9.4 Furthermore the Contractor shall provide any worker employed under this contract with an appropriate payslip in respect of any payment given by the Contractor and shall forward a copy of such payslip to MIP as may be requested. Such a copy is to be sent to MIP within one week from the date of request. Such payslip shall include: i. The normal hours of work undertaken by the employee; ii. The number of hours worked as overtime; iii. The number of hours worked on Sundays and Public Holidays; iv. The number of hours availed by the employees as vacation leave; v. The number of hours availed as sick leave and vacation leave by the employees; vi. Basic wages in respect of period covered by payslip; vii. Statutory bonuses/income supplements; viii. Other allowances applicable; ix. NI contribution; x. Any deductions from wages. 9.5 No part of the services shall be subcontracted to any person/company/entity. 9.6 MIP, without invalidating this contract, may make changes by altering, adding to or deducting from the service requirements at any time during the life of the contract in order to meet its current needs. The contract pricing shall be adjusted accordingly, upon mutual agreement in writing between MIP and the Contractor. 9.7 Should MIP request additional services during the duration of this agreement, the Contractor shall provide these services under the same terms and conditions stipulated in this agreement. 9.8 Furthermore, during the course of the contract, MIP may request, in writing, to modify the number of hours and/or the number of archaeological personnel to be provided by the Contractor, on a pro rata basis. No requests for payment, except that indicated in the schedule of prices will be entertained. 9.9 In the event that the Contractor fails to inform MIP of any issues, which may potentially impact the provision of the services, and MIP suffers any loss or damages due to the negative impact on the provision of the services, the Contractor shall indemnify MIP for any loss or damage incurred The scope of the Services is of an archaeological monitoring nature, and the risks inherent in this assignment stem from the contract nature. Page 15 of 17

16 9.11 All risks are to be borne by the Contractor. No claims for unforeseen circumstances such as, but not limited to, requirements for the Contractor to be constantly on site for constant monitoring as may be decided by the Superintendent of Cultural Heritage, weather, findings, Project Delays, scheduling of works and any other issues, shall be entertained under this contract. The Contractor warrants that he shall provide a replacement person, duly qualified and recognised, to carry out all the duties and responsibilities at the same price, in the event that he is absent and cannot carry out the works for any reason. This replacement personnel shall be approved a priori by MIP who reserves the right to ask for any CV, certificate, or letters of recommendation before giving such approval. 10. Default 10.1 If the Contractor does not perform the services as stipulated in this agreement, MIP shall, without formal notice and without prejudice to its other remedies under the agreement, be entitled to preliquidated damages for every day of default, of the Contractor The Contractor is expected to take over the tasks allocated by MIP within two calendar days of being asked to do so in writing or by Daily penalty is Euro 40 per calendar day uncapped The above penalties shall be charged to the Contractor if it fails to satisfactorily provide the requested services as stipulated in this agreement, and/or the service is found to be seriously lacking in quantity, quality or efficiency and/or the Contractor breaches any of the conditions stipulated in this agreement. In case of default, MIP shall issue default notices, notifying the Contractor of its default and requesting immediate remedial action by the Contractor who shall remedy the default within three working days from the default notice. Moreover, MIP retains the right to engage other contractors and any extra expenses incurred, over and above the rates stipulated in this agreement, shall be borne by the Contractor. 11. Termination and Disputes 11.1 This Contract shall be deemed to be governed by and construed in accordance with Maltese Law Any dispute, which may arise between parties shall be settled by reference to arbitration in Malta in accordance with the provisions of the Arbitration Act Failure, on the part of the Contractor, to meet the obligations and standards may lead to the termination of this contract at any time during the execution of the contract 11.4 Notwithstanding the foregoing, MIP reserves the right to terminate this contract at any time and for any reason. 12. Assignment The Contractor shall not assign, pledge or transfer this agreement or any of the rights or obligations therein without the prior written consent of MIP. Page 16 of 17

17 13. Confidentiality 13.1 The Contractors warrants that, while performing the services, it shall not breach any provisions of the laws of Malta which are directly related to the performance of such services. In particular, the Contractor shall abide by all the provisions of law relative to professional secrecy and data protection The Parties shall treat as confidential, during as well as after the rendering of the Services any information of a charater confidential to the affairs of the other party to which it becomes privy as a direct result of, or incidental to, the carrying out of this contract. 14. Validity (commencement date, performance period & programme) The term of this agreement shall be until the contract value is exhausted with the option to extend, at MIP s discretion at the same rates, terms and conditions. The contract value is the Total amount indicated in the BOQ or any other amount indicated by MIP in writing during contract execution. The contract may be amended as necessary with the mutual consent of both parties. The amendments shall be executed in writing, dated and signed by both MIP and the Contractor and attached to the Contract. Page 17 of 17

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