veparumnent OT rropertyoarrocurement Govemment of the United States Virgin Islands 3274 Estate RICHMOND, CHRISTIANSTED, U.S. VIRGIN ISLANDS 00820 8201 Sus BASE, 3RD FLOOR, ST. THOMAS, U.S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 [| ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Emergency Territorial and Federal Roadside Clearance on the island of St. Croix, U.S. Virgin Islands This Agreement made this 13th day of August , 2021, in the Territory of the United States Virgin Islands by and between the Government of the Virgin Islands Department of Property and Procurement on behalf of Department of Public Works (hereinafter referred to as “Government”) and Bates Trucking and Trash Removal, Inc., whose address is P.O. Box 834 Kingshill, Virgin Islands 00851 (hereinafter referred to as “Contractor”), WITNESSETH: WHEREAS, the Government is in need of a contractor to provide Emergency Territorial and Federal Roadside Clearance on the island of St. Croix, U.S. Virgin Islands; and WHEREAS, the Contractor was selected in accordance with RFP-008-C-2021(P); and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addendum I and II; it is mutually agreed between the Parties as follows: Section I. That for and in consideration of the prices and other terms and conditions of this Contract, the Contractor agrees to provide Emergency Territorial and Federal Roadside Clearance on the island of St. Croix, U.S. Virgin Islands on the island of St. Croix, USVI to the Government. The Contractor shall furnish all necessary supplies to provide the services outlined in Addendum I (Scope of Services), attached hereto and made a part of this Agreement. Section II. The Government in consideration of the satisfactory performance of the services described in Addendum I, agrees to pay Contractor in accordance with invoices submitted and approved by Department of Public Works as set forth in Addendum II (Compensation) attached hereto and made a part of this Agreement. Section ILL. This Contract shall commence on June 1, 2021, and shall terminate on May 31, 2022, unless mutually extended or terminated by the Parties. No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. Section IV. The Contractor agrees to provide the services outlined in Addendum I (Scope of Services) in accordance with the terms and conditions outlined in Addendum Ill (General Provisions), both attached hereto and made a part of this Agreement. Section V. This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. SOS4ADPWC21(BTTS) 1 Initials J ye, vepartment OF rropernyarrocurement Government of the United States Virgin Islands 3274 Estate RICHMOND, CHRISTIANSTED, U.S VIRGIN ISLANDS 00820 eee _ 8201 Sus BASE, 3RD FLOOR, ST. THOMAS, U.S. ViRGIN ISLANDS 00802 a .° ST. CROIX MAIN OFFICE: 340.773.1561 | ST. THOMAS MAIN OFFICE. 340.774.0828 'y ST. CROIX FAX: 340.773.0986 | ST THOMAS FAX 340.774.9587 e | HTTP //DPP.VI.GOV . - ry ane a8 Section VI. This Contract shall be subject to the availability and appropriation of funds. The Contractor shall only perform services when directed by the Commissioner of Public Works or authorized representative. Section VII. This Contract constitutes the entire agreement between the parties hereto, and all prior understandings or communications, written or oral, with respect to the Service, which is the subject matter of this Contract, are merged herein. IN WITNESS WHEREOE, the partics have hereunto set their hands on the day and year first above written. This Contract is executed in an original, in the year and day mentioned in the first paragraph. WITNESSES: GOVENRMENT OF THE VIRGIN ISLANDS: “AY cha. ee Dehn? Milan Dd. Cbua— 8/13/2021 ‘og Pm Anthony D. Thomas Date Commissioner Department of Property and Procurement Derek A. Gabriel Date Commissioner Department of Public Works E/E (Jor Date Bales Trucking and Trash Removal, Inc (Corporate Seal if Contractor is a Corporation) SOS4ADPWC21(BTTS) 2 Initials ¢ jz vepartiment OT rropertyoarrocurement Govemment of the United States Virgin Islands 3274 EsTaTE RICHMOND, CHRISTIANSTED, U.S. VIRGIN IsLanos 00820 8201 SuB BASE, 3RD FLOOR, ST. THOMAS, U. S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 [ ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV ADDENDUM I Scope of Work 1. GENERAL The purpose of this contract is to provide roadside clearing assistance to the territory of the United States Virgin Islands which has been declared under a state of emergency or declared a disaster area by the Governor of the United States of the Virgin Islands. The Contractor shall push, pull, or cut debris from roadways and Right-of-Ways (“ROW”) and stockpile the debris in the ROW unless stockpiling will create a traffic hazard. For this contract, the Right-Of-Way (ROW) is defined as the area within ten (10) feet from the edge of the pavement, or the area from the edge of pavement up to a permanent barrier such as a retaining wall — whichever is less. The Contractor shall not remove any debris under this contract unless the ROW does not permit for the stockpiling, the Contractor will be directed by a Public Works Program Manager to a nearby site for temporary stockpiling of debris. 2. SERVICES The number of crews provided by the Contractor must be approved by DPW. Each crew shall consist of specified equipment with operators and laborers for debris clearance of roadways and the ROW. The contractor shall provide all equipment, laborers, and materials necessary to fully operate and maintain all equipment (including fuel, oil, grease, and repair). The crew will consist of the following: A. One (1) dump truck, minimum 16 cubic yard capacity with the operator B. Two (2) front-end loaders with operators, 3 — 5 cubic yard capacity; or one (1) backhoe and one (1) Excavator with loaders with operators, 1 4 (min cap.) cubic yard C. Five (5) Laborers with chainsaws (16” minimum bar), traffic flags, and miscellaneous small tools (machetes, shovels, chains, and safety equipment) D. One (1) Pickup Truck, 1.5 ton, with crew foreman and radio or cellular phone communication The Contractor shall provide the crew for the duration specified by DPW. All hourly equipment rates include the cost of the operator, supervision, maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with the equipment and personnel. All hourly manpower rates include the cost of protective clothing, fringe benefits, hand tools, supervision, SO54ADPWC21(BTTS) 3 Initials OB vepartmment OF rropernyorrocurement Govemment of the United States Virgin Islands 3274 Estate RICHMOND, CHRISTIANSTED, U. S. VIRGIN IsLaNDs 00820 8201 Sus BASE, 3RD FLOOR, ST. THOMAS, U. S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 [ ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV transportation, and any other costs. The work shall consist of clearing roadways and the ROW of all debris as directed by the Department of Public Works Program Manager. The Contractor shall not move from one designated work area to another designated work area without prior approval from the Department of Public Works Program Manager. All work shall be performed in compliance with the US Department of Transportation Manual on Uniform Traffic Control Devices for Street and Highways, Part VI (Standards and Guide for Traffic Controls for Streets and Highways Construction, Maintenance, Utility, and Incident Management Operations) (MUTCD), and in accordance with the Virgin Islands OSHA Safety Standards. The Contractor shall ensure that all Contractor personnel is capable of understanding safety concerns expressed in Part VI of MUTCD directly or through an interpreter. All equipment used under this contract must be in compliance with all federal and local rules and regulations. The Contractor must present his equipment for inspection before its use by the Contractor. The Contractor shall conduct its operations so as not to interfere with the disaster response and recovery activities of federal and local governments or agencies, or of any public utilities. 3. PERFORMANCE SCHEDULE The Contractor must be available to commence debris clearance operations immediately after an “all clear” signal is given by the Virgin Islands Territorial Emergency Management Agency or announcement by the Public Works Commissioner over the electronic media (i.e., radio). The Contractor shall commence mobilization within twelve (12) hours to work areas designated by the Department of Public Works Program Manager. The Contractor shall work according to a schedule approved by DPW until designated work areas are cleared or until the Program Manager directs otherwise. 4, EQUIPMENT All trucks and other equipment must be in compliance with all applicable federal and local rules and regulations. Prior to commencing debris removal operations, the Contractor shall present to the Department of Public Works Program Manager all equipment for approval to use under this contract. Each truck or loader must be clearly numbered (i.c., vehicle tag number) for identification. Trucks or equipment, which are designated for use under this contract, shall not be used for any other work during the working hours of this contract. The Contractor shall not solicit work from private citizens or others to be performed in the designated work areas are cleared. 5. REPORTING The Contractor shall submit a daily operations report to the Commissioner of Public Works on a weekly or bi-weekly basis, containing at a minimum the following information: SOS54ADPWC21(BTTS) 4 Initials UB vepartiment OT Fropertyoarrocur ement Govemment of the United States Virgin Islands 3274 Estate RICHMOND, CHRISTIANSTED, U. S. VIRGIN ISLANDS 00820 8201 Sus BASE, 3RD FLOOR, ST. THomas, U. S. VIRGIN ISLANDS 00802 ST. CROIX MAIN OFFICE: 340.773.1561 | ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP://DPP.VI.GOV A. Contractor’s name and telephone number B. Contract number and the project assigned C. Location(s) which may be described using street names, route numbers, GPS coordinates, and/or map(s) showing area of daily operations D. Daily hours worked by each employee by name, position title, crew number, and pay rate Daily hours operated for each equipment identified by vehicle tag number and operator and hourly rate Estimated number of miles cleared daily cs Supervisor’s signature Summary of incidents or critical issues Confirmation of active Sam.gov registration, DUNS#, and no debarment oe en 6. OTHER CONSIDERATIONS The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks, as appropriate. The safety of the Contractor’s personnel, equipment, and adjacent areas are the responsibility of the Contractor. All equipment used under this contract must be in compliance with all federal and local rules and regulations. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. The Contractor must be duly licensed to perform the work in the United States Virgin Islands per statutory requirements. The Contractor shall not clear areas beyond the roadway or the ROW. The Contractor shall be responsible for correcting any notices of violations issued as a result of the Contractor’s or any subcontractors’ actions or operations during the performance of this contract. Corrections for any such violations shall be at no additional cost to the Government. The Contractor shall be responsible for the control of pedestrian and vehicular traffic in the work area. The Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal and local requirements. At a minimum, one flag person should be posted at each approach to the work area. 7. PAYMENT Payment for work completed will be based on verified hours worked from the daily operations report certified by the Contractor and approved by the Department of Public Works Program Manager. Equipment downtime resulting from equipment failure, routine maintenance, and fueling that exceeds thirty (30) minutes of work hour will be considered unacceptable work and non-payment for one-half of that hour. SOS4ADPWC21(BTTS) 2) Initials 8 vepartment OT rropertyorrocurement Government of the United States Virgin Islands 3274 ESTATE RICHMOND, CHRISTIANSTED, U. S. VIRGIN IsLanos 00820 8201 Sus BASE, 3RD FLOOR, ST. THomas, U. S. VIRGIN IsLANos 00802 ST. CROIX MAIN OFFICE: 340.773.1561 [ ST. THOMAS MAIN OFFICE: 340.774.0828 ST. CROIX FAX: 340.773.0986 | ST. THOMAS FAX: 340.774.9587 HTTP ://DPP.VI.GOV The contractor is instructed to submit a detailed invoice package on a weekly or bi-weekly basis that must include, but is not limited to: A. contract number; B. amount to be paid to the Contractor; C. period for which services were rendered; D. dates worked; E. area(s) worked, F. number, name, and title of personnel; G. Daily Operation Reports covering invoice period. Refer to Section 5. Reporting H. All other supporting documentation. Refer to Section 5. Reporting Sample Invoice: ABC Construction, Inc Contract: SC-0123-DPW-2000 #123 Estate Anna’s Hope Period: 07/15/2000 - 07/15/2000 P.O. Box 987, Kingshill VI 00851 TEL: (340) 555-0123 Tax ID: 66-9999999 07/15/2000 Frederiksted Town — King Street, from Queen Cross Street o Market Street 1. Dump truck with operator 10 hours @ $15.00 $ 150.00 2. Backhoe with operator 10 hours @ $25.00 $ 250.00 3. Excavator with operator 10 hours @ $120.00 $1,250.00 4. 5 laborers with tools 10 hours @ $30.00 $ 300.00 Joe Smith, Laborer 12345 John Smith, Laborer 67890 Jim Smith, Laborer 09876 Jack Smith, Laborer 54321 James Smith, Laborer 11223 5. Foreman with pickup truck 10 hours @ $45.00 $ 450.00 Jonathan Smith, Foreman 22334 TOTLAL.DUB: $1,400.00 I certify that the above information is true and correct. John Smith, Sr. President Date ABC Construction, Inc. SO54ADPWC21(BTTS) g Initials