Virgin Islands Port Authority

Transcription

1 Virgin Islands Port Authority REQUEST FOR PROPOSALS FOR LANDSCAPING/GROUND CLEANING SERVICES ST. THOMAS, UNITED STATES VIRGIN ISLANDS ISSUANCE DATE: AUGUST 24, 2016 MANDATORY PRE-BID MEETING OF SEPTEMBER 2, 10:00 AM VIRGIN ISLANDS PORT AUTHORITY ADMINISTRATIVE BUILDING CONFERENCE ROOM, 3 RD FLOOR, ST. THOMAS, VIRGIN ISLANDS Carlton Dowe, Executive Director Virgin Islands Port Authority Administrative Building, 8074 Lindberg Bay St. Thomas, Virgin Islands Phone (340) /6681, Fax (340)

2 REQUEST FOR PROPOSALS No. RFP-VIPA-T LANDSCAPING/GROUND CLEANING SERVICES Issue Date: August 24, 2016 I. OVERVIEW AND GENERAL INFORMATION OVERVIEW The Virgin Islands Port Authority ( Authority or VIPA ) intends to negotiate multiple award(s) of a supply contract(s) for landscaping/ground cleaning services to Virgin Islands licensed landscaping/ground cleaning company(ies). The successful landscaping company(ies) shall provide all equipment, materials and labor for landscaping/ground cleaning as needed at various VIPA locations at the sites specified in this Request For Proposal ( RFP ). The contract(s) shall be for one (1) year with the option for two (2) additional one (1) year renewal terms. SCHEDULE Date and Time Event September 2, 2016 at 10:00 A.M. Mandatory Pre-bid Meeting and Walk Through September 9, 2016 at 4:00 P.M. Deadline for submitting of questions September 23, 2016 at 2:00 P.M. PROPOSALS DUE SUBMISSION INFORMATION Sealed Proposals; No late proposals received after the scheduled closing time for filing will be considered. The responsibility for submitting a response to this RFP, on or before the stated date, time, and location, will be solely and strictly the responsibility of the Bidder. Applicants will deliver one (1) original and one (1) copy of the sealed Proposal to the following address: Virgin Islands Port Authority Cyril E. King Airport, Administration Bldg. Attn.: Executive Director c/o Procurement Manager St. Thomas 8074 Lindberg Bay St. Thomas, V.I Proposal(s) shall be due and delivered no later than 2 P.M., Friday, September 23, Each proposal should be marked on the outside of the envelope with Sealed Bid-Landscaping/Ground Cleaning Services, RFP-VIPA-T Clearly mark the envelope with contractor's name and address. Direct purchasing and procurement questions regarding the RFP to Lisa Alejandro, Procurement and Contracting Manager at VIPA s address or lalejandro@viport.com 2

3 The Authority reserves the right to waive any informality, to reject any and all proposals, to evaluate all proposals, or any portion thereof and to accept the proposal/s which in its opinion may be in the best interest of the Authority. The Authority reserves the right to modify the contract after its award and further reserves the right to make multiple contract awards under this RFP. *Bidders may not contact any Department Managers or Supervisors to discuss the bid process or bid opportunities except: 1) through the Procurement Manager named herein or 2) VIPA s Purchasing Department. This policy shall be strictly enforced and VIPA reserves the right to reject the submittal of any bidder violating this provision. QUESTIONS AND ADDENDA All questions regarding this RFP should be submitted in writing via the following delivery channels: Hand Delivery: Virgin Islands Port Authority Cyril E. King Airport, Administration Bldg. Attn.: Executive Director c/o Procurement Manager St. Thomas 8074 Lindberg Bay St. Thomas, V.I Mail Delivery: Virgin Islands Port Authority Cyril E. King Airport, Administrative Bldg. Attn.: Executive Director c/o Procurement Manager P.O. Box , St. Thomas Virgin Islands Electronic Delivery: lalejandro@viport.com VENDOR INFORMATION All submissions shall include a completed Vendor Information Form, current copy of a business license and a completed W-9 form. PROPOSAL Responses to this RFP must be according to the requirements set forth in this section, both for content and sequence. Failure to adhere to these requirements or inclusion of conditions, limitations or misrepresentations in a response may be cause for rejection of the submittal. Cover Letter shall be a maximum one-page cover letter and introduction, and shall include the name and address of the organization submitting the proposal, together with the name, address and telephone number of the contact person who will be authorized to make representations for the organization, the firm s federal tax ID number and a list of subcontractors, if any. The 3

4 cover letter shall also include a statement that the proposal is valid for sixty (60) days after receipt. The Proposal This section must describe the salient features of the proposal. It must contain an overview of the proposer s company background and qualifications, and must condense and highlight the contents of the proposal to provide a broad understanding of the entire proposal. The Executive Summary should include conclusions and generalized recommendations. Cost information must not be included. Technical Response Demonstrate ability and capacity to provide services described in the Scope of Services. In this section, proposers should present their vision of how they propose meeting the Authority s needs and identify the overall approach to the project, define the scope of their offered services, and how they propose to meet the Scope of Services as defined in this RFP. As necessary, indicate any additional or optional tasks. EVALUATION CRITERIA AND WEIGHTING A contract(s) shall be negotiated with a proposer/s deemed to be the most qualified and responsive to this solicitation. Such a proposer(s) is one with financial, technical, and other resources that indicate an ability to perform the services required by this solicitation. A number of factors may influence the Selection Committee s decision in selecting the company(ies). These factors include, but are not limited to, the proposer s ability to deliver requested services in a timely manner, reputation, qualifications, experience, familiarity, specialty in providing similar services, quality of supporting resources, and responsibility status. MINIMUM REQUIREMENTS (20 points) The proposer(s) shall demonstrate that they currently meet the following minimum requirements in order to be considered for award of the Contract(s): A. Provide description of the proposer s organization B. Provide history and background of organization C. Provide previous experience including years of experience describing the type of experience required for the project. EXPERIENCE AND REFERENCES (30 points) This section shall score the proposer s demonstrated experience and knowledge of landscaping/ground cleaning services to include customer references. The proposer shall address the following: (1) Quality of performance on recent contracts (2) Extent of experience with providing services within the Virgin Islands (3) Demonstrate ability and capability to deliver on all aspects as described in the Scope of Services. Proposers should present their vision of how they propose meeting VIPA s needs and identify the overall approach to the project, define the scope of their offered services, and how they propose to meet the Scope of Services and Deliverables as defined in this RFP. 4

5 (4) Provide at least three (3) professional references (project references) for similar or comparable services. A project may be considered comparable if it contains the following attributes: a) Involved providing services similar to those specified in the Scope of Services; and b) was provided within the last five (5) years. VIPA reserves the right to contact these references. PRICE PROPOSAL (50 points) The proposal shall include fixed-prices for the proposed project approach. The proposal shall be inclusive of labor, materials, transportation/travel, and other related items as applicable for the performance of the services. Proposer s Licenses and Certifications Breadth and level of licenses and certifications held by proposer s assigned project staff, and subcontractors above and beyond the minimum requirements. PROPOSAL REVIEW VIPA s Executive Director will appoint a Selection Committee to evaluate the proposals received. For the purpose of scoring proposals each of the committee members will evaluate each proposal based upon the criterial listed above. In order to assist the Selection Committee, outside expertise may be sought, including but not limited to technical advisors. VIPA has the right to reject any or all proposals for good cause, in the public interest. CLARIFYING PROPOSAL DURING EVALUATION PERIOD During the evaluation process, VIPA has the right to require any clarifications or changes it needs in order to understand the proposer s view and approach to the project and scope of work. Any changes to the proposal will be made before executing the contract(s) and will become part of the final contract(s). CANCELLATION VIPA reserves the right to modify, revise, or cancel this RFP. Receipt and evaluation of proposals or the completion of interviews do not obligate VIPA to award a contract(s). PAYMENTS: The successful bidder/s of this RFP shall submit monthly invoices to: Virgin Islands Port Authority Administrative Building Attn.: Accounting Department, Accounts Payable P.O. Box , St. Thomas Virgin Islands INSURANCE Insurance Requirements: The successful Contractor/Vendor shall maintain the insurance set forth below with insurer(s) and in a form satisfactory to the Authority. The successful Contractor/Vendor 5

6 shall submit a Certificate of Commercial General Liability Insurance and Declaration/Endorsement pages naming the Virgin Islands Port Authority as an additional insured and certificate holder on the Commercial General Liability policy to the Procurement Manager. A. Commercial General Liability: Public Liability and property Damage i. Combined Single Limit -$1,000,000 per occurrence and annual aggregate per location. ii. Coverage shall include personal Injury, Blanket Contractual (specifically covering Contractor for liability, loss, cost and damage, including attorney s fees, assumed by Contractor under the provisions of the Indemnity set forth above), Broad Form Property Damage, Independent Contractors, Products and Completed Operations (including coverage for the additional insured, whether by endorsement or renewal of coverage, and after final completion of the Contract for the term equal to the statues of limitations under the U.S. Virgin Islands) and, in the case of construction, Explosion, Collapse and Underground Hazard (XCU) coverage for any subsurface activities. iii. A combination of primary and excess policies may be utilized to fulfil theses insurance requirements. Policies must be on an occurrence based form, with deductibles agreeable to the Authority. B. Worker s Compensation: Statutory Limits. The Contractor shall maintain a current, valid certificate of workers compensation insurance on file with the Authority for the entire period during which work is performed under the Contract. C. Automobile Insurance: Automobile Liability Insurance with a combined single limit per accident of $1,000,000.00, and shall include coverage for hired, owned, and non-owned vehicles. D. Business Personal Property: Contractor shall also be required to purchase acceptable All- Risk property coverage for all personal property, including any tools, equipment, and material s or supplies and vehicles, on a replacement cost basis, and such policy should grant a waiver of subrogation in favour of the Indemnified Parties. The Authority takes no responsibility for Contractor s personal property. E. Environmental: Contractor shall be required to provide adequate coverage on a primary and non-contributory basis for the use of toxic chemicals and substances, including fertilizers in an amount not less than $1,000, on a per claim basis for sudden and accidental pollution, including non-owned facilities. NON-COLLUSION AFFIDAVIT By submitting a response to this RFP, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the Bidder has not directly or indirectly induced or solicited any other vendor to put in a sham bid, or any other person or company to refrain from submitting and that the Bidder has not in any manner sought by collusion to secure to that vendor any advantage over any other vendor. 6

7 II. SCOPE OF WORK The selected contractor(s) shall provide landscaping/ground cleaning maintenance services to VIPA and is responsible for maintaining such services as specifically delineated in the scope of work for each site. The selected contractor(s) shall perform the services in a professional manner using standard industry equipment and materials to ensure that the services are completed by the dates and times specified in the Notice to Proceed. The Contractor(s) shall provide all labor, services, and equipment, necessary to complete the work as follows in Bid Sheet A: 7

8 BID SHEET A Item No. Item Description Quantity Unit Price Cost Material & Labor BOURNEFIELD HOUSING (Cutting/Cleaning) 01. Cut all vegetation (grass and brush) and clean-up and remove all vegetation, debris and trash material from Bournefield Housing Areas (see attached Map). Areas include homes along main road (69 Lindbergh Bay) and two single family homes (68 Lindbergh Bay) along rear entrance road to UVI s campus. $ 02. Truck vegetation, debris and trash material to the Bovoni Landfill. $ $ The assignment of services in Item Nos. 1 and 2 will be on a per task basis and the duration of the services will be provided in the Notice to Proceed. The daily working hours are 7:30 a.m. until 4:30 p.m. on Mondays through Fridays, except holidays. The Contractor will be allowed to have one (1) garbage bin staged on an open lot in Bournefield (69 Lindbergh Bay). No debris from this bin is allowed to be blown about or spilled on the Bournefield Area. Placement and removal of the above mentioned bin will be coordinated with VIPA s Maintenance Division. The Contractor s equipment will be staged on an open lot in Bournefield (69 Lindbergh Bay) to be identified by VIPA s Maintenance Division. Item No. ROADWAY FROM EMERALD BEACH TO WAPA (Cutting/Cleaning) Quantity Unit Price Cost Material & Labor 03. Clean up and removal of all vegetation, debris, and trash material from road from Emerald Beach to _ WAPA. 04. Truck vegetation, debris and trash material to the Bovoni Landfill. $ The assignment of services in Item Nos. 3 and 4 will be on a per task basis and the duration of the services will be provided in the Notice to Proceed. The daily working hours are from 7:30 a.m. until 4:30 p.m. from Monday thru Friday except holidays. 8

9 Item No. CEKA LANDSCAPING/GRASS MAINTENANCE Quantity Unit Price 05. Landscape the walkway located alongside the car rental returns towards and including the DPNR/TSA shared lot. 06. Landscape all areas containing vegetation and grass at CEKA parking lot starting from the ticket dispensers and ending at the exit booths. 07. Landscape the CEKA Cargo facility parking lot. Cost Material & Labor $ $ $ The assignment of services in Item Nos. 5 through 7 will be on a per task basis and the duration of the services will be provided in the Notice to Proceed. The daily working hours are from 6:00 a.m. until 12:00 p.m., monthly, Monday through Fridays. Item No. CLEANING NORTH CONCRETE STORM DRAIN 08. Clean up and removal of all vegetation, debris, and trash material from road from Emerald Beach to WAPA includes the first 20 feet of brush at the mouth of the gut by the helipad. Truck vegetation, debris and trash material to the 09. Bovoni Landfill. 10. Wash down concrete storm drain. Item No Quantity Unit Price Cost Material & Labor 1,142 ft.l 15ft.W $ 2,151ft. L 116ft. W CLEANING NORTH DRAINAGE CHANNEL Quantity Unit Price Clean up and removal of all vegetation, debris, and trash material from road from Emerald Beach to WAPA includes the first 20 feet of brush at the mouth of the gut by the helipad. Truck vegetation, debris and trash material to the Bovoni Landfill. $ Cost Material & Labor 13. Wash down concrete storm drain. The assignment of services in Item Nos. 8 through 13 will be on a per task basis and the duration of the services will be provided in the Notice to Proceed. The daily working hours are from 7:30 a.m. until 4:30 p.m. from Monday thru Friday except holidays. Contractor(s) shall submit the list of employees assigned to work on the North Concrete Storm Drain 9

10 and North Drainage Channel project at CEKA after receipt of the Notice of Proceed and shall obtain temporary identification (ID) badges for each employee at the given cost per badge from VIPA s Safety and Security Office. A current police report and completion of the temporary ID badge form must be submitted to acquire a temporary ID. Contractor re(s) will be allowed to have one (1) garbage bin staged next to the concrete storm drain or north drainage channel weekly, but must be removed when filled and prior to the weekend. No debris from this bin is allowed to be blown or spilled on the North Ramp. Placement and removal of the above mentioned bin will be coordinated with VIPA s Aviation, Security and Maintenance Divisions. Contractor s equipment will be staged from VIPA s ARFF/Maintenance gate and two (2) vehicles will be allowed to park over-night at the general aviation parking lot. In the event of hurricane during this contract, the Contractor(s) shall be responsible for the removal of all staged garbage and equipment from the Airport Operations Area prior to a storm. Contractor(s) shall be responsible for the removal and proper disposal of all vegetation, debris and clean-up of job site plus all paths taken to exit and enter the airfield. Item No. LANDSCAPE MAINTENANCE FOR THE CROWN BAY COMMERCIAL CENTER Quantity Unit Price Cost Material & Labor 14. Trimming of lawn and grass areas to include: pruning and trimming of palms, hedges and shrubs, weeding of planting beds, raking of leaves in planter beds, removal of all landscape debris to designated VIPA dumpster, monitoring of irrigation system, minor installation of replacement plants in plater beds, application of herbicides to control weeds spraying of pesticides for disease control. 15 Annual application of fertilizer to shrubs and palms. $ The assignment of services in Item No. 14 shall be performed two (2) days per week to maintain the Crown Bay Center s landscape at a high professional state and attractiveness. The Contractor(s) shall examine the landscape, including irrigation, on a weekly basis, for problems or potential problems with the landscape. The assignment of services in No. 15 shall be performed annually. Contractor(s) shall provide a monthly maintenance checklist of the services performed under Items No. (14 and 15) which shall be delivered to VIPA s representative at the Crown Bay Center. The Contractor(s) shall also provide uniforms for workers assigned to perform the services at the Crown Bay Commercial Center. 10

11 Item No. LANDSCAPE MAINTENANCE FOR VIPA ADMINISTRATIVE BUILDING Quantity Unit Price Cost Material & Labor 16. Clean-up and removal of all vegetation, debris and trash material from hillside above Car Rental Lot, surrounding VIPA s Administrative Building. Truck vegetation, debris and trash material to the 17. Bovoni Landfill. $ The assignment of services in Nos. 16 and 17 will be on a per task basis and the duration of the services will be provided in the Notice to Proceed. The daily working hours are from 7:30 a.m. until 4:30 p.m. from Monday thru Friday except holidays. Contractor(s) will be responsible for the removal and proper disposal of all vegetation, debris and cleanup of job site. 11

12 BID SHEET B EQUIPMENT LIST Proposer(s) must submit a list of equipment that will be used to perform the services under this RFP. The equipment list should include the name, make, model, and quantities of all landscaping/ground cleaning tools and equipment. NAME MAKE (if Applicable) MODEL (if Applicable) QUANTITY 12

13 ATTACHMENTS Attachment #1 Attachment #2 Attachment #3 Attachment #4 Attachment#5 Attachment#6 Attachment #7 Attachment #8 Signature Page Office Supply Bid Proposal Statement of Qualifications Ethical Standards Affidavits (Must be Notarized) Conflict of Interest Affidavit (Must be Notarized) Addenda Acknowledgement Certification and Statement of Non-Collusion Virgin Islands Port Authority Supply Contract 13

14 Attachment #1 SIGNATURE PAGE This form must be returned, properly executed. Please use this page as a cover sheet for your bid proposal. In compliance with your request bid proposals, the undersigned proposes to furnish and deliver all labor, services, merchandise or materials in accordance with the accompanying descriptions, bid proposal form, and instructions to Bidders. That this bid proposal is made without any previous understanding, agreement or connection with any other person, firm or corporation making a bid for the same purchase, and is in all respects fair and without collusion or fraud; that no member of the Virgin Islands Port Authority ( VIPA ) Board, nor any officer, employee or person whose salary is payable in whole or in part by VIPA is directly or indirectly interested in this bid or in the supplies, materials, work or services to which it relates, or in any portion of the profits thereof; that all prices herein are net and exclusive of all federal, state, and municipal sales and excise taxes; that said bidder clearly understands that VIPA will be the sole judge in determining the quality of merchandise as being equal to or in compliance with the descriptions. The undersigned is authorized to represent and contract for your organization and certifies that your organization is not on the Federal Suspension and Debarments List or Excluded Parties List Company: Printed Name: Signature of above: Title: Address: Telephone: Fax Number: Date: Address: Web Site: Are you a small business? Yes No Are you a minority business? Yes No 14

15 Attachment #2 NOTES FOR LANDSCAPING/GROUND CLEANING BID All Bidders, by submitting proposals, agree that they have read and are familiar with all the terms and conditions of this RFP and will abide by the terms and conditions thereof. When completing this form be sure to insert your company name on the left side bottom where it states: COMPANY NAME Bid prices are to remain firm for the entire Contract period of October 1, 2016 through September 30, 2017 When submitting a bid proposal, use only the forms provided in the bid packet. All pages of the Bid Sheet must be filled in. NB is to be placed in the price column if you choose not to bid on a particular item(s). Altered or substituted forms will not be accept 15

16 Attachment #3 BIDDER STATEMENT OF QUALIFICATION Company Name: Phone Number: Company Address: Fax Number: Contact Name; Contact Title: Company Website: Number of years in business: Company s financial rating: Duns or bank reference (or the name and address of bank where company s commercial account is located). Briefly describe how you are qualified to meet the needs of VIPA. List three (3) current or recent clients for reference purposes. All references must be from customers for whom your company has provided items/supplies similar to the specifications and scope of this bid. Attach additional page if necessary. Client Data Name: Address: Description and Date of Service Phone Number: Contact Name: Name: Address: Phone Number: Contact Name: Name: Address: Phone Number: Contact Name: Signature: Title: Date: 16

17 Attachment #4 ETHICAL STANDARDS AFFIDAVIT Must be Notarized Bidder, after being first duly sworn, affirms that by its employment policy, standards and practices it does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal or laying off of any individual due to race, creed, color, national origin, age or sex and that it is not in violation of and will not violate any applicable laws concerning the employment of individuals with disabilities. Bidder understands that it shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a program requirement or purchase request, influencing the content of any part of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter pertaining to any program requirement of a contract or subcontract or to any solicitation or proposal therefor. Bidder also understands that it shall be a breach of ethical standards for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award or a subcontract or order. Bidder also understands that it shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a VIPA contract upon the agreement or understanding for a contingent commission, percentage or brokerage fee, except for the retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Bidder represents that it has not retained anyone in violation of the foregoing. Bidder also understands that a breach of ethical standards could result in civil or criminal sanctions and/or debarment or suspension from being a seller, contractor or subcontractor under VIPA contracts. And further, contractor sayeth not. Print name of bidder: Signature: Name of Company: City: State Sworn to and subscribed before men, a notary public and for the above state, on this Day of, 20. Notary Public My commission expires: 17

18 Attachment #5 CONFLICT OF INTEREST AFFIDAVIT Must be Notarized CHECK ONE OF THE TWO BOXES BELOW. List and describe all existing Conflicts of Interest. (Attached and additional page if necessary). To the best of my knowledge, no conflict of interest exists. Print name of bidder: Signature: Name of Company: City: State: ********************************************************************************** NOTARY- State of Sworn to and subscribed before men, a notary public and for the above state, on this Day of, 20. Notary Public My commission expires: 18

19 Attachment #6 Addenda Acknowledgement The bidder has examined and carefully studied the Request for Proposal and the following Addenda, receipt of all which is hereby acknowledge. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Authorized Representative /Title (Print) Authorized Representative /Signature Date Bidders must acknowledge any issued addenda. Bids that fail to acknowledge the vendor s receipt of any addendum will result in the refection of the offer if the addendum contained information which substantively changes the Owner s requirements. *****THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR BID**** 19

20 Attachment #7 Proposer s Certification and Statement of Non-Collusion I, certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same services and is in all respects fair and without collusion or fraud. I understand that collusive bidding is a violation. I certify that this bid has been prepared independently and the prices submitted will not be disclosed to another person. I certify that there has been no contact or communication by the bidder or the bidder s associates with any VIPA staff or elected officials since the date of this RFP was issued except: 1. through the Purchasing Department 2. at the Mandatory Pre-bid Conference (if applicable) or 3. as provided by existing work agreement(s) VIPA reserves the right to reject the bid submitted by any bidder violating this provision. I agree to abide by all conditions of this bid and certify that I am authorized to sign this certification and statement of non-collusion. COMPANY NAME: Authorized Representative /Title (Print) Authorized Representative /Signature Date *****THIS PAGE MUST BE COMPLETED AND SUBMITTED AS A PART OF YOUR BID**** 20

21 Attachment #8 SUPPLY CONTRACT FOR LANDSCAPING SERVICES THIS CONTRACT is made and entered this day of 2016 by and between the VIRGIN ISLANDS PORT AUTHORITY ( Authority or VIPA ) with an address of P.O. Box , St. Thomas, United States Virgin Islands ( Authority or VIPA ) and ( Contractor ) with an address of P.O. Box , St. Thomas, United States Virgin Islands For, and in consideration of the acceptance of the Contractor's proposal, under Request for Proposal No. RFP-VIPA-T opened on, 2016 and the award of this contract to the Contractor, notification thereof having been made to the Contractor on, 2016 and, in further consideration of the covenants and agreements of the parties herein contained, to be well and truly observed and faithfully kept by them, and each of them, it is mutually agreed between the parties as follows: For and in consideration of the acceptance of the price or prices and agreement in this proposal hereto attached and made a part of this Contract, the said Contractor agrees to furnish and deliver any or all of the commodities described in the said RFP No. RFP-VIPA-T at the prices or prices stated therein and in strict accordance with the conditions accepted proposal. The Advertisement, Request for Proposal, including all Attachments and Exhibits, General Provisions, any Supplemental Provisions and Specifications and the Purchase Order, including any change thereto, are all part and parcel of this Contract and are, by this reference, incorporated in this Contract as fully and effectively as is set forth in detail herein. SECTION 1. VIPA, for and in consideration of the services rendered pursuant to this agreement, shall compensate the Contractor in accordance with the terms of this Contract and the compensation shall be made at the time and in the manner set forth in the Request for Proposal s General Provisions. SECTION 2. By executing this Contract, the Contractor warrants that it (a) has thoroughly investigated and considered the scope of services to be performed; (b) has carefully considered how the services should be performed; and (c) fully understands the difficulties and restrictions attending performance of the services under this agreement. Should the Contractor discover any latent or unknown conditions that will affect the performance of the services hereunder, the Contractor shall immediately inform VIPA of such conditions and shall not proceed except at Contractor s risk or until written instructions are received from the Contractor s Office. SECTION 3. The scope of services shall include the Contractor s proposal or bid which shall be incorporated herein by this reference. In the event of any inconsistency between the terms of such proposal and this Contract, the terms of this Contract shall govern. 21

22 SECTION 4. The Contractor shall adopt reasonable methods during the life of this Contract to furnish continuous protection to the work and the equipment, materials, papers, documents, plans and/or other components thereof to prevent losses or damages and shall be responsible for all such damages to persons or property. SECTION 5. Contractor shall commence the services pursuant to this Contract upon receipt of a written notice to proceed and shall perform all services within the time or periods established. SECTION 6. This Contract will remain in force for the full period specified and until all services, articles or commodities ordered before the date of termination has been satisfactorily provided, delivered and accepted and/or until all terms and conditions have been met, unless: (a) terminated prior to expiration by satisfactory delivery against orders of entire quantities contracted for; or (b) extended upon written authorization of the Authority and accepted by the Contractor, to permit ordering of unordered balances or additional quantities at contract prices or prices and in accordance with the contract terms; (c) cancelled pursuant to Section 7 SECTION 7. The Authority reserves the right to cancel the contract for whatever reason upon providing the Contractor with thirty (30) days written notice. SECTION 8. Failure of the Contractor to deliver within the time specified or within a reasonable time as interpreted by VIPA, or failure to make replacement of rejected commodities when so requested, immediately or as directed by the Authority, will constitute authority for VIPA to purchase in the open market to replace the commodities rejected or not delivered. VIPA reserves the right to authorize immediate purchases in the open market against rejections on this contract when necessary. On all such purchases, the Contractor agrees promptly to reimburse VIPA for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, VIPA reserves the right to use or consume commodities delivered which are substandard in quality, subject to an adjustment in prices to be determined by the Authority. SECTION 9. By execution of this Cntract, the Contractor certifies that it is eligible to receive contracts awarded using federally appropriated funds and that it has not been suspended or debarred from entering into contracts with any federal agency. The Contractor shall include this provision in each of its subcontracts hereunder and shall furnish its subcontractors with the current LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON PROCUREMENT. In the event the Contractor or any subcontractor misrepresents its eligibility to receive contract awards using federal funds, the Contractor or subcontractor agrees that it shall not be entitled to payment for any work performed under this contract or any subcontract and that the Contractor or subcontractor shall promptly reimburse the Authority for any progress payments heretofore made. SECTION 10. For the services rendered pursuant to this Contract, the Contractor shall be compensated in accordance with the terms of agreement. In any month the Contractor wishes to receive payment no later than the 1st working day of the month, Contractor shall submit to the 22

23 Authority, in the form approved by the Authority s Executive Director, an invoice for services rendered prior to the date on the invoice. SECTION 11. Contractor shall periodically prepare and submit to the Authority such reports concerning the performance of the services required by this Contract. The Contractor hereby acknowledges that the Authority is concern about the cost of work and services to be performed. The Contractor agrees that if it becomes aware of any circumstances or events that may or will increase or decrease the cost of the work or services contemplated herein, the Contractor shall notify the Authority of said circumstances or events and the estimated increase or decrease in costs related thereto. SECTION 12. The drawings, specifications, reports, records and any documents prepared by the Contractor in performance of the services under this Contract shall not be released publicly without the prior written approval of the Authority. SECTION 13. Contractor(s) shall obtain at its sole cost and expense such licenses and permits that may be required by law for the performance of the services required by this Contract. Contractors shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties interest, which may be imposed by Virgin Islands law. SECTION 14. No other employee of the Authority shall have any financial interest, direct or indirect in this Contract nor shall any employee participate in any decision relating to the Contract which effects his/her financial interest or the financial interest of the company. The Contractor warrants that it is not paid or given and will not pay or give any third party any money or other consideration for obtaining this Contract. SECTION 15. The parties hereto submit exclusively to the jurisdiction of the state or federal courts of the St. Thomas, United States Virgin Islands, and venue for any cause of action arising hereunder shall lie exclusively in the state or federal courts of St. Thomas, United States Virgin Islands. SECTION 16. To the fullest extent permitted by applicable law, Contractor shall defend, indemnify and hold harmless the Authority and its respective officers, directors, employees, servants, agents, partners, joint venturers, affiliates, successors and assigns from and against any and all claims, demands, losses, expenses, damages, liabilities, fines, and penalties (each a Claim ) arising out of or relating to: (a) Contractor's performance of (or failure to perform) under this Contract; (b) a breach of this Contract by Contractor or any of its affiliates, subcontractors, agents or employees; (c) any negligence or willful misconduct by Contractor or its affiliates, subcontractors, agents or employees; (d) a violation of law; (e) any determination that a relationship, other than that of independent contractor, exists between the Authority and/or Agent and Contractor and/or its employees or any other employment-based complaint or grievance; or (f) any liability arising out of the cleaning work, even if caused in part by the Authority, unless caused by the gross negligence of the Authority, including but not limited to by reason(s) of injury to the persons or property of others resulting from the performance of said work, or through the negligence of the Contractor, or through any improper or defective machinery, implements, appliances or equipment used by the Contractor in the aforesaid work, or through an act or omission on the part of the Contractor or its agent(s), employees or servants. 23

24 The foregoing indemnification shall extend to all legal, defense and investigation costs, and all other reasonable costs, expenses and liabilities incurred by the party indemnified, from and after the time at which the party indemnified receives written or verbal notification that a Claim has been or may be made. The obligations set forth in this section shall remain in effect regardless of whether Contractor maintains or fails to maintain any insurance coverage required hereunder, or self-insures for any liability, and any self-insured coverage shall be deemed insurance coverage hereunder. The foregoing indemnification shall survive the expiration or termination of this Contract. SECTION 17. In case any one or more of the provisions contained in this Contract for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this Contract will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. SECTION 18. This Contract may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one contract binding on all parties, hereto, notwithstanding that all parties shall not have signed the same counterpart. SECTION 19. In addition to any rights and remedies, either party make, take legal action to cure, correct or remedy or default to cover damages of this agreement. This Contract shall become effective immediately upon and as of the day of signature by the Parties hereto: 24

25 IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first written above. WITNESS: VIRGIN ISLANDS PORT AUTHORITY Carlton Dowe Date: Executive Director WITNESS: CONTRACTOR Date: Approved For Legal Sufficiency: By: Date: 25

26 Vendor Contracting Documents 1. Current Virgin Islands Business License issued to the legal name of record of the entity by the Government of the Virgin Islands, Department of Licensing and Consumer Affairs; or certification that the Contractor is exempt from the licensing process. 2. Certificate of Insurance/s in the minimum amount/s referenced in the RFP and a. a copy of the relative insurance policy will be requested for the coverage(s) indicated above and including the name and address of the of the insured, the policy number, and the term of the policy. b. a copy of the endorsements/declaration page/s will be required before execution of the contact. 3. Proof of Tax Identification Number. Completed Form W9. 4. If applicable, Certificate of Issuance or Renewal of Trade Name issued by the Office of the Lieutenant Governor of the V.I., Division of Corporations and Trademarks, OR issued by the state, territory or commonwealth of recording, on behalf of the legal name of the Contractor. 5. If applicable, Articles of Incorporation or Organization. 6. Current copy of Certificate of Good Standing/Existence, in legal name of the Contractor by the Virgin Islands Office of the Lt. Governor, Division of Corporations and Trademarks; 7. If applicable, current Certificate of Government Insurance issued by the Office of Custodian, Department of Finance, Government Insurance Fund; OR Copy of Certificate providing firm/agents are covered by Workers Compensation Employee s Liability. Please note the above-referenced documents are subject to modification at the Authority s discretion. Any silence, absence, or omission from the contract specifications concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All contractual documents including insurance certificates/policies must be kept updated and maintained throughout the term of the contract. 26