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THE GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES ST. THOMAS, U.S. VIRGIN ISLANDS DEPARTMENT OF PUBLIC WORKS FEDERAL-AID PROJECT STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION CONTRACT BOOK V.I. ROUTE NO. VARIOUS PROJECT NO. _ER-VI-9999(137) IFB NO. IFBO34DPWT19(C) CONTRACT NO. THE HONORABLE ALBERT BRYAN JR. GOVERNOR OF THE VIRGIN ISLANDS NELSON M PETTY JR., PE, COMMISSIONER DEPARTMENT OF PUBLIC WORKS ANTHONY D THOMAS, COMMISSIONER DEPARTMENT OF PROPERTY AND PROCUREMENT DEPARTMENT OF PUBLIC WORKS PROJECT OFFICE OF HIGHWAY ENGINEERING SPECIFICATIONS, PROPOSALS AND CONTRACT DOCUMENT The methods and materials for work to be performed within this project shall be in accordance with the “STANDARD SPECIFICATIONS FOR CONSTRUCTION OF ROADS AND BRIDGES ON FEDERAL HIGHWAY PROJECTS (FP-14; ENGLISH UNITS) or supplemental specifications provided in the contract documents. 312626 STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT # VI-9999(137) TABLE OF CONTENTS Project Description DN OS Oh Invitation for Bids Notice to Bidders (Federal Funded Procurement) Notice to Bidders (Construction Contract P&P NB-44-73, revised 03- -18-08} Instructions to Bidders (Construction Contract P&P-ITS-CC-16-73, revised 03-18. 08) Additional Instructions (P&P revised 03-18-08) Bid Schedule ; Bid for Unit Price. Construction-Contract Constructian Contract Section i (Contract Requirements) 10. 71. 12. 13. 14, 15. 16. 1?; 18. Table of Contents (General Provisions) General. Provisions Required Gantract Provisions (FHWA 1273) DOL Wage Determination Schedule. Buy America Requirement Non-Coliusion Affidavit (DPP-NCA-52-75} Certification Regarding: Debarment, Suspension, Ineligibility, Voluntary Exclusion, Eligibility Affidavit and Lobby Certification’ Agency Display of Estimated Burden (FHWA-1391, Rev.3-92) & {FHWA1392; Rev 9-04) DBE Program Provisions Appendix A: DBE Commitment Form A-585 Appendix B:: Notice to Construction Contractors/Biddéts List of Quoters -Appendix C:. Notice to Desigin/Other Consiltants/Bidders List of Quoters Appendix D: DBE Certification Appendix E; DBE. Payment Information DBE Directary Contractor's Qualification Statement (P&P-COS-13-1973, revised.03-18-08) Give Condensed Current Financial Statement (DPP-FS-64-75, revised -03-18-08} Bid Bond Affidavit of Individual Surety (P&P Al5-1-73, revised 03-18-08) Cénificaté of Sufficiency (P&P revised 03-18- -08) Insurance Schedule Performance Bond (P&.P-PB-20-73, revised 03-18-08) Payment Bonds (P&P-PB-20-73, revised.03-18-08) Schedule of Amounts. for Contract Payments {Compensation} Periodical Estimate for Partial Payment (Compensation) Change Order. Release of Claims Under Contract Section fll (Specifications) 3122281 Specifications Supplemental Specifications Additional “Definition of Terms” Special Specifications Permits Plans and Standard Drawings Page A-t B-i to B-3 B4 BRS G-1 to C-2 C-3 to C-7 D-1 to D-4 DA-1 to DA#2. Est toE-38 F-j to. F-ii F-7 to F-45. G-1 to G-13. H-1 to H-4 I-4 J-1 K-1 to. K-4. K-5 to K-9 L-1 to L-14 L-15 to Lis L-17 to L-18 L-19 to L-20 L-22 to L+23 L-24 to L-87- M-1 to M-6 N-4 to N-2 0-3 O44, 0-5 to O-6 0-7 ta:0-8. 0-9 to O- 10, P-4 fo P22 P-3 o-P-5 ‘P-6 to P+? Q-1 S-1 to 8-11 §-12 to S-13 T-1 U-1 ‘Section V STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION Project#: ER-VI-9999(137) PROJECT DESCRIPTION LOCATION: st.Thomas/St: John, U.S. Virgin Islands ROADWAY LENGTHS: SEGMENT ROUTE LENGTH (FEET) STT-1 332 440 STT-2 335 550 STT-3: 333 550 ‘STT-4 352 430 STT-5 38, 500 STT-6 35 480 STT-7 405/332 600 STT-8 379 §50 STT-9 37 470 STT=10 33 490 STJ-1 10 VARIOUS STJ-2 107 490 STJ-3 108 400 STT/STJ DTW VARIOUS VARIOUS TOTAL ROAD LENGTH: §,950 LF (IDENTIFIED SITE} ADDITIONAL SITES (LENGTH) MAY BE ADDED. PROJECT LIMITS: PROJECT LIMITS INCLUDE ALL FEDERAL-AID ROUTES LOCATED IN THE ST THOMAS / ST JOHN DISTRICT. THE SITES NOTED ONLY REPRESENT A PARTIAL LIST OF LOCATIONS. ADDITIONAL SITES MAY BE ADDED AT THE DIRECTION OF THE GO, . BEGIN PROJECT WITH SIGNAGE 200 FEET AHEAD OF | AFFECTED. LENGTH OF ROUTE IN EACH DIRECTION. GPS COORDINATES AND AFFECTED LENGTHS ARE BELOW. A+! 3122361 SEGMENT ROUTE LATITUDE LONGITUDE STT-1 332 18.34719 ~64.945. STT-2 B35. 18.34896 -64,9655 STT-3 333 18.35983 -64.9604 STT-4 352 18.36834 -64.9228 STT-5 38 18,33492 -64.9022 STT-6 35 18.3475 -64.9306 STT-7. 405/332 18.3473 -64.9512 STT-8 ‘379 18.34549 ~64.9312 STT-9 37 18.35687 »64.937 STT-i0 33 78.35292 -64.9528 STJ-4 10 All All STd-2 107 18.34087 64,7131 STJ-3 108 18.338943 -64,720014 Districtwide. Various TYPE OF IMPROVEMENT: INSTALL WARNING SIGNAGE IN EACH DIRECTION OF THE ROADWAY, 42 INCH - TUBULAR MARKERS AND/OR DRUMS.AND WATERFILLED BARRIER AT LOCATIONS DESCRIBED ABOVE TO INCREASE VISIBILITY TO ROADWAY HAZARDS IN BOTH DAY TIME AND NIGHT TIME CONDITIONS. TRAFFIC FLAGGERS AS DIRECTED BY THE CO, A-2 312236.1 STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT # VI-9999(137) SECTION | BIDDING INFORMATION & CONTRACT DOCUMENTS Vorm No. DPP-IlB-$5-75 APPROVED: Cam. DEP October 30, 1974 REVISED: March.18, 2008 | GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES a | a DEPARTMENT OF PROPERTY AND PROCUREMENT INVITATION FOR BIDS en | one Invitation No: IFB034DPWT19(C) Date: Fine 13, 2019 Pursuant to the Laws of the Government of the Virgin Islands sealed bids.in ‘Quintuplicate (5)-copies for the work described herein will be received until: July 5, 2019 @ 10AM at the Department of Property & Procurement Conference Room, 3" Floor. Description of Work and Project Number: STT/STJ District Wide Emergency Retief Temporary Traffic Control Installation, Various Routes; Project # VI-9999(137) St. Thomas, St. John. ¢ SIGNAGE e PLACE 36 INCH ROUND TUBULAR MARKINGS e PLACE WATERFILLED BARRIER. AND DRUMS AS DIRECTED e MAINTAIN DEVICES AND REPAIR/REPLACE WHEN DAMAGED e PROVIDE FLAGGERS AS. DIRECTED BY CO The method and material for work to be performed within this Project shall be in strict accordance: with the Standard. Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14), and or supplemental Specifications provided in the. contract Documents. . B-] Bidding. documents can be obtained from the. Department. of Property and Procurement, 8201 SUBBASE, ST THOMAS, USVI 00802 at $ 100.00 PER SET. Pre Bid Conference: __ Tuesday, June 25, 2019:@) 10:00 AM at Department of Property & Procurement Conference Room 34 Floor Liguidated Damages: $500 per calendar day Completion of Work: Five hundred (500) calendar days from beginning of contract for initial installation and maintenance period of devices in work. zone. unless permanent repair project begins. Information regarding bidding documents Bidding Documents include the Public Notice, this Invitation to Bid, Instruction to Bidders, Contractor’s. Qualification Statement, the. Contract, Performance & Payment Bonds, General Provisions, Special Provisions, Supplemental Specifications, Plans and Specifications. All documents are available at the Department of Property and Procurément. Each Bid must be. accompanied by a Bid Guarantee as provided for in Form No. P&P-ITB-CC-16-73 (Instruction to Bidders) which is hereby made. part of this Invitation and by this reference incorporated herein as fully and effectively as if set forth in detail. Bid Guarantee for Preferred Bidders will be specified in 31 V.LC. 236a (Act No. 2995 approved April 16, 1971 if Preferred Bidders Act applies. If Preferred Act does not apply, failure to provide a five (5%) percent bid. bond will render the bid unresponsive. It is the Bidder’s responsibility to determine if the Act applies. The Bid Guarantee for bidders not claiming or having the status of a preferred bidder will be five (5%) per cent of the bid price, Bid Guarantee will be in the form of a Bond (Corporate or Individual Surety), Money Order, Certified Check, Irrevocable Letter of Credit, or Cash. No Bidder will be allowed to withdraw his bid within a period of thirty (30) calendar days following the date’set for the opening thereof. Contractor’s Qualification Statement Each bidder must submit with his bid an executed copy of Contractor's Qualification Statement which is hereby made a part of this Itivitation and by this reference incorporated herein as fully and effectively as if set forth in detail. B-2 Farm No. DPP-ITB-55-75 APFROVED Com. DPP October 30, £974 REVISED: March 18, 2008 BONDS: A Bid Bond, Performance Bond and Payment each are required as follows: Bid Bond: 5% of the Contract Performance Bond:. 100% of the Contract Payment Bond: 100% of the Contract The provisions of the Preferred Bidders. Act do not apply te contracts funded by The Federal Highway Administration, U.S Department of Transportation. NOTICE TO BIDDERS {Federal Funded Procurement) This procurement will utilize funds provided under federally funded grants: Bidders will be required to comply with federal requirements and contract clauses applicable to such projects. Bidders are responsible for reviewing the Contract Book in its entirety. To be eligible for the award of the contract for this project, a bidder shall comply with the special provisions on the Utilization of Disadvantage Business Enterprises that are included in the contract documents and as specified in the Instructions. to Bidders. Failure to comply with these requirements will be sufficient. cause for rejection of the proposal by the Department. For projects with no established DBE goal requirement, it is the policy of ihe Virgin Islands Department of Public. Works, that whenever possible to maximize every sub-contracting opportunity: for Disadvantaged Business Enterprise. The provisions of the Preferred Bidders Act do.not apply to this contract. Bidders are also advised that prior to the award of a contract; individual bids shall be compared to the engineer's’ estimate during the evaluation process to ensure that bids’ are neither mathematically nor materially unbalanced, These measures are taken to ensure that when a bid is awarded, the lowest ultimate cost would result to the Federal Government and only reasonable actual costs as well as reasonable proportionate: costs would have been considered for overheads and other inditect costs. B-4 FORM.P & P~NB~14-73 APPROVED: 3-26-73 ‘COMM. OF PROP. & PROC, ‘REVISED: 3-18-08 : NOTICE TO BIDDER (Construction Contract) IMPORTANT — PLEASE READ CAREFULLY To insure the subniission of complete bids and to-avoid ornissions that could result in your bid being non-responsive, please chéck each of the following: 1.. Have you rechecked your estimate? Are all items and amounts included? mal 2. Is bid amount entered in the proper space provided on the Bid Form (Construction Contract}? C] 3. Have you completed ail Alternates, Separated Prices and Unit Prices. (if any) on Bid Form? Cc 4. Have you ‘acknowledged receipt of all amendments (if any) issued to the specifications? O 5. Do your listed subcontractors meet all applicable qualifications requirements? O 6. Does your bid guarantee conform to the requirements of Invitation for Bids’ and Instructions to Bidders? = 7. Have you read the clausé “Termination for Default - Damages for Delay - Time Extensions,” General Provisions (Construction Contract), on delays.and damages? Oo Submission and acceptance of your bid commits you to complete your contract within the time specified. The contract may provide for assessment of liquidated damages for éach day’s delay beyond the contract time; for which.a time extension is not granted, 8. Have you familiarized yourself with the applicable contracting provisions covering oO Utilization of Small Business Concerns. and the. Small Business Subconiracting Program? 9. Have you familiarized yourself with the applicable contracting provisions covering oO Utilization for’ Disadvantage Business Enterprises Program? CAUTION—LATE BIDS—Instructions to Bidders, clause entitled "Late Bids and Modifications of Withdrawals” which provides that late bids and modifications of withdrawals thereof sent through the mails ordinarily will be considered only if timely mailed by REGISTERED MAIL or by CERTIFIED MAIL: for which a POSTMARKED RECEIPT has been obtained. B-5, SPECIAL ATTENTION BIDDERS FORM NO. P&P-|TB-CC-16-73 APPROVED: 4-23-03 COMM. OF PROP. & PROC. Revised for FHWA Projects 7-20-15 “312260:1 INSTRUCTIONS TO BIDDERS (CONSTRUCTION CONTRACT) 4. Preparation of Bids, (a) Bids shall be submitted on the forms furnished, or copies thereof, and musi be manually signed. {f erasures. or other changes appear on the form, each erasure or change must be initialed by the person signing the bid. (b) The form may provide for submission of a price or prices for oné or more items, which may be lump sum bids, alternate prices, scheduled items resulting ina bid on a unit of construction or a combination thereof, etc. Where the bid form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any items on which no price is submitted. (c) Unless called for, alternate bids will not bé considered. {d) Modifications of bids already submitted will be considered if received at the office designated in the invitation-of bids by the time set for opening of bids. ‘2. Conditions Affecting the Work. Bidders should visit the site and take such other steps: as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do sa. ‘will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performirig the work. Government ‘will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the invitation forbids, the specifications, or related dacuments. 3. Examination of Plans, Specifications, and Site of Work. (a) The bidder is required to examine carefully: the site of the work and to: “322601 familiarize himself with conditions which will be encounters and with the character, extent, quality and quantity of work or services to be performed and materials to be furnished. The bidder shall examine carefully the plans, specifications, special provisions, proposal coniract form and all docunients pertaining thereto. The. filing of a proposal by a bidder will be presumptive evidence that he has complied with all these requirements. (b) Borings, profiles and water elevations shown:on the plans were obtained for use of the Department in preparation of the plans for the work, and the bidder is hereby cautioned that the Department assumes rio responsibility for the accuracy of this, data. The bidder, in preparing his proposal, shall take cognizance, of the difficulty of accurately classifying all materials encountered in making investigations, the possible erosion of stream channels and banks after -survey data has been obtained, and the unreliability of water elevations other than for the data recorded. 4. Interpretation of Estimates. (a) The estimate of quantities of work or services. to be performed and materials to be furnished appearing on the proposal forms and on the plans; is approximate only and is given for the sole purpose of comparing bids and determining the award of the contract. The Department does not expressly, or by implication, guarantee that the actual quantities will agree with those shown on the proposal form and the coniractor shall not plead misunderstanding or deception of such. estimate of quantities or the character, location or other conditions pertaining thereto. The Department reserves the right to increase or decrease any or all of the above-mentioned quantities of work or services or to omit any of then as may be deemed as necessary, as herein provided. (b) Only suich quantities of the respective items of work or services actually performed and. accepted or of materials furnished and-accepted will be. paid for. 5. Bid Guarantee. Where a bid guarantee is required. by the invitation for bids, failure to furnish a bid guarantee in the proper form and.amount, by the time set for opening of bids, may be cause for rejection of the bid. C-2. 3122601 A bid guarantee shall be in the form of a firm commitment; such as a bid bond, postal money order, certified check, cashier's check, irrevocable letter of credit or certain bonds or notes of the United States. Bid guarantees, other than bid bonds, will be returned (a) ta unsuccessful bidders as soon.as practice after the opening of bids, and (b) to the. successful bidder upon execution of such further contractual documents and bonds as may be required by the bid as accepted. lf the successful bidder, upon acceptance of his bid by the Government within the period specified therein for acceptance (thirty days) fails to execute such further contractual documents, if. any, and give such bonds(s) as may be required by the ‘terms of the bid as specified (ten days if no period is specified) after receipt of the forms by him, his contract may be terminated for default. In such event he shall be liable for any cost of procuring the-work which exceeds the amount of his bid, and the.bid guarantee shall.be available toward offsetting such difference. 6. Explanation to Bidders. Any explanation desired by a bidder regarding the meaning or interpretation of the invitation for bids, drawings, specifications, etc., must be requested In. writing no later than 10 days prior. to bid opening to allow sufficient time for a reply to. each bidder before the submission of their bids. Such requests shall be addressed to the Contracting Officer or his designated representative. Questions and requests for clarification may also be raised at the Pre-bid Conference. The Contracting Officer will issue addenda covering any revisions and/or additions to the contract documents as a result of any questions and. requests for clarifications made. 7. Late.Bids and Modifications. or Withdrawals. (a) Bids and modifications or withdrawals thereof received at the office designated in the invitation for bids after the exact time set for opening of bids will not be accepted. All proposals shail.be filed prior to the date.and time specified in the Invitation for Bids. Proposals received aftér the time of opening of Bids will be rejected and returned unopened to the Bidder. (ob) Proposals may bé submitted by registered mail in which case the sealed proposal shall be enclosed in a. larger envelope addressed to the Contracting Officer. Bidders. using certified or registered mail are cautioned to obtain a Receipt for Certified Mail showing a.legible, dated postmark and to retain such receipt against the chance that it will be required as evidence that a late bid was. timely mailed. Mailed proposals received after the specified date and time for opening of bids will be.rejected-and returned unopened to the bidder. (c) The-time of mailing of late bids submitted by registered or certified mail C-3 312260.1- shail be deemed to be the last minute of the.date shown on the post mark on the registered mail receipt or registered mail wrapper or on the Receipt for certified Mail unless the bidder furnishes evidence froin the post office station of mailing which establishes an earlier time. In. the case of certified mail, the only acceptable evidence is as follows: (1) Where the Receipt for Certified Mail identifies the post office station of mailing, evidence furnished by the bidder which establishes that the business day of that station ended at an earlier time, in which case the time of mailing shall be deemed to be the last minute of the business day of that station; or (2) an entry in ink on-the Receipt for Certified Mail showing the time of mailing and. the initials of the postal employee receiving the time and making the entry, with appropriate written verification of such entry form the post office station of mailing, in which case the time of mailing shall be the. time shown on the entry. If the postmark on the original Receipt for Certified Mail does not show a date, the bid shall not be considered. 8. Submission of Bids. Bids must be sealed, marked, and addressed as directed in the invitation for bids. Failure to do so may: result in a premature opening of, or a failure to open, such bid. SEALED BID.- DO NOT OPEN BID NO. (NAME. OF BIDDER): (MAILING ADDRESS OF BIDDER) (TELEPHONE AND FAX.NUMBER OF BIDDER) (DATE OF OPENING) (TIME OF OPENING) 9. Withdrawal of Bid. Bids may be withdrawn only by written request received from bidders prior to the time set for opening of bids. — 10, Bid Protests. A bic protest must be in writing and filed with the Contracting Offi icer. Oral objections, will be considered if submitted within 3. days after basis is known or should have become known, and should be submitted in writing within 7 business days. C-4 (a) Time for Filing . (1) A bid protest must be filed no later than 7 business days after the basis for protests known or should have been known,.whichever is earlier. (2) A protest based on alleged improprieties in the solicitation which are apparént before the bid opening or the closing daté for receipt of proposals shall be filed before the opening date or the closing date for receipt of initial proposals. (b) Content of Written Protest (1) Name, email address, mailing address, and telephone number of protestor . . (2) Invitation for Bid (IFB) Number (3) Reasons for protest (4) Supporting exhibits, evidence or documents to support; If not available within filing time, specify expected time to submit. (5) Mark Envelope "Protest" Bid protests will be resolved between the Evaluation Committee, Contracting Officer and the Commissioner. 312260.1. 41. Competency of Bidders. (a) Each bidder shall submit with his bid, or previously, an-attested statement ‘on the prescribed forms, of his business and technical organization available for the contemplated work or service; including his financial resources and his construction experience, comparable with the requirements. of the project bid upon. (b) The Government expressly reserves the right to. reject any bid in which the. facts as to business and technical organization, finaricial resources, or construction experience, compared with the requirements of the project bid upon, justify such rejection. (c) Each bidder shall submit with his bid complete answers to the prescribed plan and equipment questionnaire showing in detail the proposed manner of handling the contract, the organization of forces, the equipment layout, camp setups and other pertinent information. 12. Disqualification of Bidders and Rejection of Proposals: C-5 312260,1 (A). Any Bid may be rejected in whole or in part. when it is in the best interest of the Government te do so. (B) Abid may be rejected for the following reasons but are not limited to: 1. Unreasonable price. 2. Bid proposal is not responsive i.e., documentation required does. not conform in all material respects to the solicitation. 3. Bidder is determihed te be non-responsible. A determination of non- responsibility may be made for, but is not limited to, any of the. following reasons: (a) Bidder is debarred or ineligible. (b) The unit prices contained in-the bid are unbalanced. (c) Inadequate quantity or quality of experience, plant, equipment, financing, manpower or resources. (d) Bidders, workload which, in the judgment of the Government may hinder of prevent the prompt completion of the work if awarded. (e) Default by the bidder on other Contracts. . ; (f) Failure to pay or satisfactorily settle all reasonable and just bills due for labor and material on prior or curtent contracts. (g) More: than one proposal from an individual, firm, partnership, corporation of association under the same or different names, bidder is interested in more than one proposal.on the same contract (h) Failure to perform satisfactorily on other contracts awarded, and the conditions leading to unsatisfactory performance remains unresolved. (i) Any other reason affecting the bidder's ability to perform, or record of business integrity. (j) Bidder not otherwise qualified and eligible to receive an award under applicable laws and regulations. 4, Biddet fails to supply infarmation to the Contracting Officer promptly. after notification is made that the information is required in connection with a determination to made pursuant to the evaluation of the proposals. 5. All bids may be rejected in whole or in part, prior fo. award, when, the Contracting Officer determines that this action is. fiscally advantageous or otherwise in the Government's best interest: A notice of rejection of all bids shall be sént to all vendors that submitted bids, and the bids which have been opened Shall be-retained by.the Centracting Officer. 13. Bidder's Qualifications. Before .a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in C-6 312260.1 performing comparable work, his business.and technical organization, financial resources, and plant available to be used in performance the work. 14. Public Opening of Bids. Bids will be publicly opened at the time set for opening in the invitation for bids. Their content will be made public for the information of bidders and. others interested, who may be present either in person or by representative. However, any proposals determined to be unacceptable. at the. public opening will not be read and reason-for the rejection will publicly stated. 15. Award of Contract. (a) Award of contract will be made to the lowest, responsive, responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Government, price and other factors considered. (as per.23 CFR 635.1 14) (b) The Government may, when in its interest, reject any of all bids: or waive any informality in bids received. The basis for rejection shall be provided in writing to all bidders. (c) Government may accept any item or combination of items ofa bid, unless precluded by the invitation’ for bids or the bidder includes in his bid a restrictive limitation. (d) In the instance of. tie bids between in-State/Territory bidders, a drawing shall be conducted by the Evaluation Committeé, and a witness shall be present representing each bidder in the draw. In the event identical low bids are received: between in-State/Territory and out of State/Territory bidders, the award shall be made to the in-State/Territory bidder. 16. Execution of Contract, Contract Bonds and Insurance: _{a) The bidder whose bid is accepted will, within the time established in the. bid, enter into a written contract with the Government and, if required, furnish performance and payment bonds on Government standard forms: in the amounts indicated in the invitation for bids or the specifications and provide proof of any. required insurance. coverage. (b) After a Concurrence by the Federal Highway Administration, Notice of “Ce7 312260.1 Award and formal Contract Documents shall be forwarded ‘to the bidder by the: Contracting Officer for execution. The bidder will execute the Contract Documents and return the same, together with fully executed Payment and Performance Bonds (if required) to the Contracting Officer within 10 days of receipt. The Contracting Officer shail execute the Contract within 60 days of receipt and forward the bidder a copy. If the Contracting Officer fails to. execute the contract within 60 days, the bidder may, as its sole remedy, withdraw its bids. 17. Failure to Execute Contract Failure of the bidder to. execute the contract within the time mentioned shall be cause for the annulment of the award and forfeiture of the bid guaranty which shall become the property of the Government in liquidation of damages sustained not as a penalty. Award may then be made ‘to the next lowest, responsive, responsible bidder or the work may be readvertised for receipt of proposals. 312269,1 BID SCHEDULE BID SCHEDULE NOTES TO BIDDERS 4. All unit prices shall be stated in both words and figures on the schedule. In the event of a discrepancy between the price in words and the price in figures, the words shall govern. In the event of a discrepancy between the calculated unit price total and the stated total for an item, the unit price total shall govern. Inthe event of a discrepancy between the calculated sum of all unit price totals and the stated total, the calculated sum of all unit price totals-shall govern. All prices shall be in ink or typewritten. Alterations or erasures shall void the Bid. All prices shall include labor, materials, and equipment for work in: place in accordance with the Drawings, Specifications, and Contract Documents. Detailed prices for the construction Items. should be included for each item and the total sum of those items will conform to the total amount. Failure to include these prices will cause bids to be unresponsive. IME OF COMPLETION Contract time will begin 10 days after the. Notice to. Proceed and work will be completed within 500 calendar days. BID SCHEDULE IFB NO PROJECT NO. ER-VL-9999(137) CONTRACTOR'S NAME CITY STATE. ZIP CODE The undersigned Contractor proposed to furnish ail labor, tools, equipment, machinery, and supplies for the STT/STJ District Wide Emergency Relief Temporary Traffie Control Lastallation subject to all.conditions and requirements of the Standard. Specifications for Construction of Roads and Bridges on Federa! Highway Projects, FP-14 as revised.and amended ani the Contract Documents; TFEM APPROX. ITEM-AND UNIT UNIT AMOL T NO QUANT PRICE BIDS (IN- WORDS) PRICE [ DOLLARS/CENTS | | DOLLARS/CENTS | 15161-0000 1LS MOBILIZATION SIGN, ALUMINUM PANEL, TYPE 3 63303-05900 88 EA SH EE’ TING TEMPGRARY TRAFFIC CONTROL, 63502-1250 600 EA TUBULAR MARKER, 36 INCTI TEMPORARY. TRAFFIC CONTROL 63502-1300 50 BA BRUM D-2 PROJECT NO. ER-VI-9999(137) ITEM | APPRX. ITEM AND UNIT UNIT AMOUNT. NO. QUANT. PRICE BIDSCIN WORDS) PRICE [ BOLLARS/CENTS | LDOLLARS/CENTS | TEMPORARY TRAFFIC CONTROL, WARNING LIGHT TYPE.A -63502-1500 | 50 EA | TEMPORARY TRAFEIC CONTROL, WATER- 63503-0450 | 320 LF FILLED BARRIER TEMPORARY TRAFFIC CONTROL, FLAGGER: 63506-0500 | 640 HR IFB NO. PROJECT NO. ER-V1I-9999(137) ATTENTION: See notes at the beginning of this unit price'schedule. TOTAL AMOBNT GF THIS PROPOSAL, BASED ON ENGINEER'S ESTIMATE OF QUANTITIES IS AS FOLLOWS: DOLLARS CENTS. BIDDER’S SIGNATURE D-4 FORM Ne. DPP-BLSC-21-73 APPROVED: B26I73 COMM.-OF PROP. & PROC, REVISED: SASAOR THE VIRGIN ISLANDS OF THE UNITED STATES. 0 Department of Property and Procurement BID FOR UNIT PRICE CONSTRUCTION CONTRACT PLAGE? eee kee erie easaawe see eveseeetaries INVITATION No, .....0...-5 pe teeeenaneeaes ae nyeageaeuess Date: ....,. eens weve gates wrens suas etapetaieees aeageneieeees Proposal of ............ Whee L aber eewe net bee neh ee ee cee ne eree se nen EES EEE ASH EAL Keau Ea EE EaS eed eeeeees Gente reese deen eee ers (hereinafter calied “Bidder”) a corporation*, partnership or joint venture organized and existing under the laws of the State of .......0..0.0. dupuseetsvesesasacsnes cccacgenaesnveupeatpegeutensereneneges weveewarenes seeegeseecaeteeeess udvecevenvenese an. individual doing business as <...,...... Leleeeeee seeeat evens LO ne rE CET CEE p TERETE; Cet mEa SE Bag E Roan t To the Government of the Virgin Islands, Department of Property and Procurement (hereinafter called the “Government”). GENTLEMEN: The Bidder, in compliance with your invitation for bids for the construction of: AV eee eee a hhh ee ee Oe ere c eer eee, Peer ee Seer eee ceee rrr re ier ry having. examined the plans and specifications with related documents and. the’ site of the proposed | work, and being familiar with all of the conditions surrounding the construction of the. proposed project including the availability of materials and labor, hereby proposes to furnish all labor, rhaterials arid supplies; and to construct the project in accordance with the Contract Documents, within the:time. set. forth therein, arid-at the-prices stated below. These prices are to cover al] expenses incurred in performing the required under the Contract Documents, of which this proposal is-a part: Bidder hereby. agrees to commence work under this-contract on or before a date to be specified.in written “Notice,to Proceed” by. the Government and to fully complete the project the project within .............. w. days thereafter as stipulated’ in the specifications. Bidder further agrees to pay as liquidated damages, the. sum of Boece cece ecee reer eee res verse @8 hereinafter-provided in Paragraph 19 of the General Conditions, Bidder acknowledges receipt of the following. addendum: Ea ed NENA EE EA ee eR EE EOE aE EE bed eden peepee ee eee ee ree ee er ee eto eet eee cee eer eee ere eee ree eee rere ere ee eee reer Pere rere reer rere PUR ae eR a ee ed Pe ed BASE PROPOSAL: Bidder agrees to perform all of the work described in the specifications and shown on the plans for the sum of ......... rer wadeecebeesececeeees wes tee ev enegeeees rigeerteeee “dd peeeteeeacee teas beeelariveseaaueaevane seeeeeneneee wp eeteect eee tenesea tere eerss ere CD eervecaseeteresssssreasfesscrttereersteerenereseeses (Amount shall be shown in’ both words and figures, In case of discrepancy, the amount shown in words-will govern.) Bidder understands that the Government reserves’ the right to reject any or-all bids and to waive any informalities in bidding. Insert corporation, partnership or individual as applicable, DA-1. FORM No, DEP-BLSC-24-73 APPROVED: 3/26/73 COMM, OF PROP. & PROC. REVISED; 3/18/08 The Bidder agrees that this bid shall be good and may not be. withdrawn for a period of 30- calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the. acceptance ofthis bid, Bidder will execute.a fornial contract within 10.calendar days and deliver a Surety Bond or Bonds as required by the Invitation to Bid. The Bidder agrées that if awarded a Contract héreunder he will, within such time as. determined by the Contracting. Officer, before or after the date of commencement of work, prepare and submit to the Contracting Officer for approval'a practicable schedule, showing the order i in which he. proposes to:carry on the work; the date on which he wiil start several salient features. (including procurement of materials and equipment) and the contemplated. dates for completing the same. The schedule shall be in the form ofa progress chart of suitable scale ‘to indicate appropriately the percentage of work scheduled for completion at any time, The Contractor shall enter on the chart the actual progress at the end of-each week-or.at such intervals-as directed by the Contracting Officer, and shall immediately deliver to the Contracting Officer three (3) copies thereof. if, in. the opinion of the:Contracting Officer, the Contractor falls behind the progress schedule, the Contractor shail take such steps as may be necessary to improve his progress and the Contracting Officer may, inter alia, require him to increase the number of shifts, and/or overtime operations or days of work and to submit for approval such supplementary schedule-or schedules in chart form as. may be-deerned necessary ta demonstrate the. manner in which the agreed rate of progress will be regained, ‘all without additional cost to the Government.- Failure of the Contractor to comply with the requirements of the Contracting Officer under the provisions thereof shall be grounds for determination by the Contracting Officer that the Contractor. is not’ prosecuting the work with such diligence as will ensure completion within the. time specified. Upon such determination the Contracting Officer may terminate the Coentractor’s right to proceed with the work, or. any separable part thereof, ‘in accordance with the delays- “Camages. article of the contract. coun ten enea ed bao beewe tears tenes vattee Qin eeeteisnniesteseasisestersens) 15 10 become the property of the Government. in. the event tthe contract and bond are not executed within the time set forth, as liquidated damages for the delay and additiona! expense to the Government caused thereby. Respectfully submitted:. (Signature) . [SEAL — if bid is by a corporation] (Official Designation) _ OS (Business Address) | ACCEPTANCE. AND NOTIFICATION THE GOVERNMENT OF THE VIRGIN ISLANDS The.above proposal by. Bidder is hereby accepted-and he.is‘so. notified. Date: -......... Lienees seaneeae Vaeeens ens “Commissioner of Pr operty and Procurement and Contracting Officer DA-2 CONSTRUCTION CONTRACT THIS AGREEMENT is made this day of »20__, in the Territory of the Virgin Islands, by and between the Government of the Virgin Islands, Department of Property & Procurement (hereinafter referred to as “Government’) and {Insert Contractor’s Name or Company Name] (hereinafter referred to as “Contractor’”). p WITNESSETH: WHEREAS, the Government is in need of a contractor to furnish all labor, materials and equipment necessary for the {Insert Project Deseri ption| in strict accordance with the plans and specifications (incorporated by reference and made a part of this contract), which duties and responsibilities are more particularly described in Addendum I, (Scope of Work), Addendum ITI (General Provisions and Warranties together with the additional General Provisions — Construction), Addendum IIT (Termination of Contracts), and Addendum IV (Compensation) attached hereto; and WHEREAS, the Contractor represents that it is willing and capable of providing such services; NOW THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound by this written instrument, the parties hereto do covenant and agree as follows: Contract # Contractor’s Initials IFB# 1. SERVICES The Contractor will provide the services described more particularly in Addendum | (Scope of Work) incorporated herein by reference and made a part of this construction contract. 2. TERM This Contract shall commence upon execution by the Governor and shall terminate within number of days in words (# of days) calendar days thereafter, or in accordance with an agreed upon extension pursuant to the General Provisions. Particular reference should be made to the Notice to Proceed. 3. COMPENSATION The Government, in consideration of satisfactory performance of the services described in Addendum I, agrees to pay the Contractor the sum of [insert contract price in words (contract price in numbers)| in accordance with the provisions set forth in Addendum IV (Compensation), attached hereto is hereby incorporated by reference and made a part of this contract. Contract # Contractor’s Initials IFB# 4. LIQUIDATED DAMAGES It is hereby expressly agreed by the parties hereto that in the event the Contractor has not completed the scope of work under the term set forth in Paragraph 2 hereof, {insert liquidated damages in words (liquidated damages in numbers)| for each calendar day or portion thereof shall be due the Government. The liquidated damages shall first be deducted from any contract monies due, but not yet paid to the extent available. 5. RECORDS The Contractor will present documented, precise records of time and/or money expended under this Contract. 6. PROFESSIONAL STANDARDS The Contractor agrees to maintain the professional standards applicable to its profession and to Contractors doing business in the United States Virgin Islands. 7. DOCUMENTS, PRINTOUTS, ETC. Certified copies of all documents, books, records, instructional materials, programs, printouts and memoranda of every description derived therefrom and pertaining to this Contract shall become the property of the Government and shall be turned over to it at the Contract # Contractor’s Initials IFB# termination of this Contract, or at the Government’s request, during the. life of the contract. The above-described materials shall not be used by Contractor or by any other person or entity ‘except upon the written permission of the Government. 8. LIABILITY OF OTHERS Nothing in this Contract shall be construed to impose any liability upon Government to persons, firms, associations, or Corporations engaged by Contractor as servants, agents, independent contractors, or in any other capacity whatsoever, or make the Government liable to any such persons, firms, associations. or corporations for the acts, omissions, responsibilities, obligations and taxes of Contractor or whatsoever nature, including but not limited to unemployment insurance and social security taxes for Contractor, its servants, agents or independent contractors. 9. ASSIGNMENT The Contractor shall not subcontract or assign any part of the services under this contract without the prior written approval of the Government. 10. INDEMNIFICATION Contractor agrees to indemnify, defend, and hold harmless the Government from and against. any and all loss, damage, liability, claims, demands, detriments, cost, charges and ‘Contract # Contractor’s Initials IFB# expenses (including attorney’s fees) and causes of action of whatsoever character which the Government may incur, sustain or be subjected to, arising out.of or in any way connected to the services to be performed by Contractor under this Contract and arising from any cause, except the sole negligente of Government. 11. INDEPENDENT CONTRACTOR The Contractor shall perform this Contract as an independent contractor:and nothing herein contained shall be construed to be inconsistent with this relationship or status. 12. GOVERNING LAW This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction and venue are exclusive in the United States Virgin Islands. 13. WAIVERS AND AMENDMENTS No waiver, modification, or amendment of any term, condition or provision of this Contract shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification, or amendment, Any such waiver, modification, or amendment in any instances shall in no event be construed to be a general waiver, modification, or amendment of any of the terms, conditions, or provisions of this Contract, Contract # Coritractor’s Initials IFB#. but the same shall-be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 14. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties relating. to the subject matter addressed in this agreement. This agreement supersédeés all ptior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written. or oral, 15. RIGHT TO WITHHOLD If work under this Contract is not performed in accordance with the terms, hereof, Government will have the right to withhold out of any payment due to Contractor, such sums as the Government may deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its option, the Government may apply such sums in such manner.as the Government may deem proper to secure itself or to satisfy such claims. The-Government will immediately notify the Contractor in writing in the event that it elects to exercise its right to. withhold, Contract # Contractor’s, Initials IFB# 16. CONDITION PRECEDENT This Contract shall be subject to the availability and appropriation of funds and to the approval of the Governor. 17. TERMINATION Either Party will have the right to terminate this contract with cause on ten (10) days written notice to the other party specifying the date of termination. The attached “Addendum Il- Termination of Contracts for the Convenience of the Government” is hereby fully incorporated herein by reference and is made a part of this agreement. 18 PARTIAL TERMINATION The performance of work under this contract may be terminated by the Government in. part, whenever the Government. shall deem such termination advisable. This partial termination shall be effected by delivering to the Contractor a Notice of Partial Termination specifying the extent to which the term and/or duties. under this contract are terminated and the date upon which such termination becomes effective. The Contractor shall be entitled to receive payment for services provided to the date of termination, including payment for the period of the ten (10) days’ notice. Contract # Contractor's Initials IFB# 19. NON-DISCRIMINATION No person shall be excluded from participating in, be. denied the proceeds of, or be subject to discrimination in the performance of this Contract.on account of race, creed, color, sex, religion, disability or national origin: 20. CONFLICT OF INTEREST (a) Contractor covenants that it has no interest and will not acquire any interest, direct. or indirect, which would conflict in any manner or degree with the. performance of services required to perform under this Contract. (b) Contractor further covenants that it is:. (1) nota territorial officer or employee (i.e., the Governor, Lieutenant Governor, member of the Legislature or any other elected territorial official; or an officer or employee of the legislative, executive, or judicial branch of the Government or any agency, board, commission, or independent instrumentality of the Government, whether compensated on a salary, fee or contractual basis); or (2) a territorial officer or employee and, as such, has: (i) familiarized itself with the provisions of Title 3, Chapter 37, Virgin Islands Code, pertaining. to conflicts of interest, including the penalties provisions set forth in section 1108 thereof: Contract # Contractor’ s Initials IFB# (ii) not made, negotiated or influenced this contract, in its official capacity; (iii) no financial interest in the contract as that term is defined in section 1101, (1) of said Code chapter. 21. EFFECTIVE DATE The effective date of this Contract is upon the execution by the Governor. 22. NOTICE Any notice required to be given by the terms of this Contract shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: GOVERNMENT Anthony D. Thomas Commissioner Nominee Department of Property and Procurement #3274 Estate Richmond Christiansted, VI 00820-4241 CONTRACTOR Contractor’s Name Contractor’s Title Contractor’s Name or Company Name Contractor’s P. O. Box Contractor’s City, State, Zip Code Contract # Contractor’s Initials IFB# 23. LICENSURE The Contractor covenants that ‘it has: a. obtained all of the applicable licenses or permits, temporary or. otherwise, as required by Title.27 of the Virgin Islands Code; and b, familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code pertaining to professions.and occupations. 24. CONTRACTOR’S REPRESENTATIONS The Contractor agrees that he is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of the. Contract, and that he has been engaged in and now does such work and represents that-he is fully equipped, competent, and capable of performing the work and is ready and willing to perform such work. The Contractor agrees further to begin work not later than the date indicated on the formal notice to proceed:and complete the work within the number of days specified in ‘the proposal or as extended in accordance with the General Provisions of the Contract: The Work shall be done under the direct supervision of the Government, and in accordance with the laws of the Government and it Rules and Regulations thereunder issued and any and all applicable federal rules and regulations. The partiés hereto agree that this Contract. # Coniractor’s Initials IFB# 10 contract shall, in all instances, be governed by the Laws of the.Government of the Virgin Islands. 25, WARRANTY OF NON-SOLICITATION The Contractor expressly warrants that he has employed no person to solicit.or obtain this contract on his behalf, or to cause or procure the same to be obtained upon compensation. in any way, contingent, in whole or in part, upon ‘such procurement, and that he has not paid, or promised, or agreed to pay to. any person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder; and that he has not, in estimating the contract price demanded by him included any sum by reason of such brokerage, commission or percentage; and that all monies:payable to him. hereunder are free from obligation to any other person for services rendered, or supposed to have been rendered, in the procurement of this contract. Breach of the waitanty shall give the Government the right to terminate this Contract, or in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage or contingent fees. Contract # Contractor’s Initials IFB# 11 26. FALSE CLAIMS Contractor warrants that it shall not, with respect to this Contract, make or present any claim upon or against the Government of the Virgin Islands, or any officer, department, board, commission, or other agency thereof, knowing such claim to be false, fictitious or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is an offense under Virgin Islands law. eat DEBARMENT CLAUSE By execution of this contract, the Contractor certifies that it is eligible to receive contract awards 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 Government of the Virgin Islands for any progress payments heretofore made. (Only insert if Contract involves federal funds) Contract # Contractor’s Initials IFB# 12 28. NOTICE OF FEDERAL FUNDING Contractor acknowledges that this Contract is funded, in whole or in part, by federal funds. Contractor warrants that it shall not, with respect to this Contract, make or present any claim knowing such claim to be false, fictitious, or fraudulent. Contractor acknowledges that making such a false, fictitious, or fraudulent claim is a federal offense. (Only insert if Contract involves federal funds) 29. Davis Bacon Act Contractor herby agrees that it shall comply with all rulings and interpretations of the Davis-Bacon Act (40 USC 276a-5) and that the contractor and subcontractor agrees that all employees shall be paid the local prevailing wages as established by Virgin Islands statutes and laws, (Only insert if Contract involves federal funds) 30. Certification of Employment Contractor herby agrees that pursuant to 31 V.I.C 236(h) it will hire at least two individuals from the Welfare to Work program administered by the Labor and Human Services Departments. (Only insert if Contract compensation is over $500,000) Contract # Contractor’s Initials IFB# 13 ak. OTHER PROVISIONS Addendum II (General Provisions and Warranties) and Addendum III (Termination of Contracts) attached hereto are hereby incorporated by reference and made a part of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. WITNESSES: GOVERNMENT OF THE VIRGIN ISLANDS Date: Anthony D. Thomas Commissioner Nominee Department of Property and Procurement CONTRACTOR Date: Contractor’s Name, Title Contractor’s Company Name (Corporate seal, if Contractor is a corporation) APPROVED: Date: Governor’s Name GOVERNOR OF THE VIRGIN ISLANDS APPROVED AS TO LEGAL SUFFICIENCY AT THE DEPARTMENT OF JUSTICE BY: Date Contract # Contractor’s Initials IFB# 14 CERTIFICATE OF APPROVAL I hereby certify that this is a true and exact copy of Contract No. (Insert Construction Contract Number) entered into between the Department of Property and Procurement, on behalf of the Insert User Agency and Contractor’s Name/Com pany Name Anthony D. Thomas., Commissioner Nominee Department of Property and Procurement Contract # Contractor’s Initials IFB# 15 Addendum I (inclide each addenda on a separate sheet of paper) Scope of Work Addendum II General Provisions and Warranties Additional General Proyisions-- Construction Addendum HI Termination of Contracts Contract # ‘Contractor's Initials. IFBH 16 Addendum IV Compensation The Government, in consideration of the satisfactory performance of the services described in Addendum I (Scope of Work), agrees to make progress payments based on the Schedule of Values and invoices submitted by the Contractor | Insert Contractor's Name or Company Name| in accordance with Clause 7 (Payments to Contractor) of the General Provisions. The parties agree that the sum to be paid under this contract is |Insert Contract price in words] |(Insert Contract . price in numbers)|. The parties further agree that payments will be made in accordance with services rendered. The final payment is subject to the inspection and acceptance of the project by the Government, the submission of all pertinent warranties, and the Release of Claims. Contractor shall submit a Waiver of Liens or Affidavits of subcontractors who have released the contractor of its obligations. Contractor shall also submit Consent of Surety before final payment and, upon the Government’s request, any other documentation the Government deems necessary. Contract # Contractor’s Initials IFB# 17 Contract # Contractor’s Enitials. IFBH 18. STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT # ER-VI-9999(137) SECTION Ii CONTRACT REQUIREMENTS TABLE OF CONTENTS. GENERAL PROVISIONS (FHWA Funded Construction Contract) -Page 1. Definition of Terms . F-4 2. Intent of Plans and Specifications: F-9 3. Extra Work F-9 4, Detours on Highway Construction F-. 5. Structures and Obstructions F-10 6. Materials Found on Job F-10 7. Final Cleaning Up F-10 8. Authority of Engineer F-41 g. Plans and Drawings F-11 10. Conformity with Plans and Allowable Deviations. F-42 141. Cooperation of Contractor F-12 12. Authority of Inspectors F-13 13. inspection F-13 14.. Removal of Defective and Unauthorized Work F-14 15. Final Inspection F.44 16. Sources of Supply and Quality of Material F-15 17. Samples and Tests F-15 18. Storage of Materials F-16 19. Defective Material F-16 20. Laws to be Observed F-16 21. Permits and Licenses . F~17 22. Restoration of Surfaces Opened by Permit F-17 23. Federal Participation . F-17 24. Sanitary Provisions F-17 25. Public Convenience and Safety F-18 26. Barricades, Danger, Warning and Detour Signs F-18 27. Explosives F418 28. Protection and Restoration. of Property F-49 29. Responsibility for Damage Claims F-49 30. Opening of Section of Highway to Traffic F-20 31. Contractors Responsibility for Work F-20 32. Public Officials Not Personally Liable F-21 33. Waiver of Legal Rights F-21 34. Subletting or Assignment of Contract F-21 35. Performance of Work F~22 36. Limitation of Operation F-23, 37. Character of Workmen and Equipment: F-23 F-i 309948 1 38.. 39. 40. 41. 42, 43, 44, 45, 46. 47, 48. 49, 50. §2. 53. 54, 58, 56. of. 58. 59. 60. 61, 62, 63. 64, 65, 66. 67. 68. 69. 70, 71, 72, 73. 74, 75. 76. 77, Temporary Suspension of Work Determination and Extension of Contract Time for Completion Failure to Complete Work on Time Termination of Contractor's Responsibility Measurement of Quantities Scope of Payment Payment for increased or Decreased Quantities Force Account Work Omitted Items Acceptance and Final Payment Coordination of Specification Significant Changes in the Character of Work Differing Site Conditions Termination for Default, Damages for Delay, Time Extensions Termination for Convenience Disputes . Payments to Contractor Assignment of Claims Material and Workmanship Layout of Work Operations and Storage Area Cleanup Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvement inspection and Acceptance Superintendence by Contractor Permits and Responsibilities Conditions Affecting the Work Health and Safety Other Contracts. Patent Indemnity Additional Bond Security Covenant Against Contingent Fees Utilization of Small and Disadvantaged Business Concerns Suspension of Performance by the Engineer Subcontractors and-Suppliers Warranty of Construction Required Provisions Deemed Inserted Highway Building Standards Welfare to Work Program (Applicable to Contracts with a Value in Excess of $500,000) Authority of the Contracting Officer (CO) F-ti GENERAL PROVISIONS. (For FHWA Funded Construction Contracts)’ 1. Definition of Terms Whenever in. this subchapter or in other contract documents, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted.as follows: 1. Advertisement- A public annouincement inviting bids for work to be performed or materials to be furnished. 2. ASTM ~ American Society for Testing Materials. 3, Award - The written acceptance by the Government of a bid. 4, Bid - The offer of a bidder, on prescribed forms, to perform the work and to furnish the labor and materials at the price quoted; 5. Bidder - Any individual firm or corporation submitting a bid on the proposal form for the work contemplated, acting directly or through a duly authorized represeritative. 6. Bid Forms - The approved forms on which the Government requires bid to be preparéd and submitted for the work. v. Bid Guarantee - The security furnished with a bid to guarantee that the bidder will enter into the contract if the bid is-accepted. 8. Bid Schedule - The prepared: schedule. included with the bid forms, containing the estimated quantities of pay ites for which unit bid prices. are invited. 9. Bridge - A single or multiple span structure, including supports, erected over a depression or an obstruction, such as water, highway or railway, and having.a track or passageway for carrying traffic or other moving loads and having an opening measured along the center of the roadway of more than 20 feet between breast walls of abutments or spring lines of arches or extreme:ends of openings for multiple. boxes. I These General Provisions implement provisions contained. in Subchapter 242-of ihe Virgin Islands Rules and-Regulations, Certain of the.General, Provisions-contained have been modified from the form to conform with Federal regulations applicable to contracts funded with Federal H ighway Administration grants. Inthe event af'a conflict. bétween the General Provisions .of this contract.and provisions contained in SubChapter 242, the contract provisions shall govern. F-i 309705, 309705, 10. 11. 42. 13. 14, 15. 16, The 20-foot measurement shall be between points on the breast walls six (6) inches below the bridge seats of in the case of frame structures, immediately under the top slab. ) A bridge may include muitiple pipes where the clear distance between Openings ts less than haif of the smaller contiguous Openings. All measurements shail include the. ‘widths of intervening piers of division wails. Bridge Length - The greater dimension of a structure measured along the center of the roadway between backs of abutment back walls or between ends of bridge floor. Bridge Roadway Width - The.clear width of structure measured at right angles to the center.of the roadway between the bottom of curbs or, if curbs are not used, between the inner faces of bridges parapet of railing. Calendar Day - Any day shown on the calendar beginning and ending at: midnight. Change Order - A written agreement on an approved form signed by the contractor and the Commissioner of Property and Procurement, involving changes or additional work within the provisions of the contract. and not considered of sufficient importance. fo-require a supplemental agreement. Commissioner - The. Commissioner of Public. Works or his authorized representative. Coniract - Any agreement, executed and approved by the Department of Property and Procurement in the hame of the Government of the Virgin Islands, and the successful bidder to whom the award is made, covering the performance of the work. or services and the. furnishing of labor and materials, by which the contractor is bound to perform work or services and furnishing labor and materials, and by which the Government of the Virgin Islands is obligated to-compensate him therefore at the. mutually established and accepted contract considerations: The contract shail include the plans, specifications, proposal, special provisions, performance bond, payment.bond, and any other written mutual supplement agreements and understandings that are required to complete the construction of the work or performance of the services in an acceptable manner, including authorized extensions thereof. - Contract Items - The obligation of the contractor, including the performance ofall work or services and the furnishing of all labor arid materials, described in the text of a Specification item inciuded in the contract or described in any subdivision of the text of the special provisions of the contact or described in any subdivision of the text of the special provisions of the contract and identified as an “item" with titié and number. The work "item" in the contract shall be construed to. mean "contract item” (notwithstanding that for convenience. in the bid schedule, when a contract item invelves more than one pay name, each pay name is given a place and number:in ihe column headed "Items"). Provided, however, that solely for carrying out the purposes hereof, the word “item” (with or without modifiers) shall be construed to F-2 309705; 16a. 17. 18. 19. 20. ai. 22. 23. 24, refer'to an individual pay name of a contract item whether or not the given individual pay name constitutes an entire contract item. The "major item" shall be defined as any item whose total cost, determined by multiplying the proposed quantity and the contract unit price, is equal to or greater than 5 percent of the total contract cost. All other contract items. shall be considered as minor items. Items appearing as minor items in the Original proposal shall bé construed. as becoming major items:when increased to the extent that the total cost of the item is equal to or greater than 5 percent of the total original contract cost. Contracting Officer - The Department of Property and Procurement Contractor - The individual, partnership, firm oF corporation executing a contract as party of the second part, acting directly or through his lawful agents of employees, who is primarily liable for the acceptable performance ofthe work or services for which he has contracted, and for the payment of all legal debts:pertaining to the work, Contract Time - The number of calendar days allowed for completion of the contract. If a specified completion date is shown in the proposal in lieu-of number of calendar days, the contract shall be completed by that date. Culvert - Any structure that provides an opening under the roadway but does not meet the classification of a bridge. Department - The Department of Public Works of the Government of the Virgin Islands. Directive - A written notification to the Contractor implementing work or actions that are provided for in the contract and does not warrant a contract modification. Engineer - The Commissioner of Public: Works acting directly or through the assistant or representative duly authorized by him; such assistant or representative acting only within the. scope of the particular duties assigned to him or within the scope of the authority vested in him. Equipment - All machines, implements, power tools, live-stock, tools‘and apparatus necessary for the praper construction and acceptable completing of the work or services, together with the necessary supplies for the operation, upkeép and maintenance of the same. Extra Work ~ Work or services to be performed of labor and materials to be furnished by the contractor to complete the project in an acceptable manner but-for which there is not applicable basis. of payment, either direct-or indirect, provided in the proposal or the contract. ) F3 309705. 25: 25a. 26. 27. 28. Government - The Department of Property & Procurement and Thé Department of Public Works, Farce Account - A basis. of payment for the direct performance of Highway Construction work:with payment based on the actual cost of labor, equipment and materials furnished and consideration for overhead and profit. This method is utilized when the contractor and owner cainot agree on a unit price or lump sum amount on extra. work or if those. methods are impracticable. Highway, Street or Road - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. Inspector - The authorized Government representative assigned to make detailed inspections of contract performance. Laboratory - The official testing laboratory of the Department of Public Works or such laboratory as may. be designated by the Commissioner. The. paragraph below is modified by-Amendrnent to the Supplemental Specification paragraph 3(a). 29. Materials - Any substances specified. for use in the construction of the: project.and its appurtenances. 30. Notice to Proceed - Written notice to the Contractor to begin the contract work: includes when applicable, the beginning. date of contract time. 31, Pavement Structure - The combinations of subbase, base-course, and surface course, placed on a subgrade to support the traffic. load and distribute it'to the roadbed. - *Subbase - The layers of specified or selected material of designed thickness placed ona subgrade to. Support a base course, *Base Course - The layer or layers of specified or selected material of designed thickness piaced on a subbase or subgrade to support a surface course. “Surface Course - One or more layers of an unspecified material designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top. layer is sometimes called “Wearing Course.” 32. Payment Bond -. The security furnished by the contractor to guarantee the prompt payment of all persons supplying labor and materials in the performance of the work or services. provided in the contract. The penal sum in this bond shall be a percentage of the total contract amount. For Contracts requiririg no performance. bond, Contractors will undergo pre-qualification. (Modified for FWHA Funded Contracts). F-4 309705, 33. 34, 35. 36. 37. 38: 39. 40. Af. 42. Performance Bond - The security furnished by the contractor to guarantee the completion of all the requirements of the contract within the original term of the contract and any extension that may be granted,,in accordance with the terms of the contract. The penal sum in this. bond shall be a percentage of the total coniract amount. For Contracts. requiring no performance bond, Contractors will undergo pre- qualification. (Modified for FWHA Funded Contracts). Plans ahd. Drawings - The official approved plans, profiles, cross sectioris, working drawings and supplemental drawings, or exact reproductions thereof, which shaw required alignment and grades, layout, and design of structures, cross sections, accessory features and the particular location, character, dimensions and details or any other work to be performed. Presplitting - The method of controlled blasting by which a fracture plane is created in rock which prevents the résulting rock face from being adversely affected by subsequent blasting and excavation operations. Profile. Grade - The trace of a vertical plane intersecting a particular surface of the. proposed road construction located as shown on the plans. Profile grade means either elevation or gradient of such trace according to the context. Proposal - The written offer of the bidder to perform the contemplated work or services and furnish the necessary materials when made out and submitted on the approved proposal form, properly signed and guaranteed. Proposal Guarantee - The required security submitted with the proposal to insure the execution of the contract and borids for the-performance of the work or services if the bidder is awarded the contract. . Questionnaire - The specified form on which a bidder shall furnish required information as to his abitity.to perform and finance the work. Reasonable Close Conformity - Compliance with reasonable and customary manufacturing tolerances and construction tolerances where working tolerance are not specified. Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances. Without detracting from the. complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may accept variations beyond such tolerances as reasonably close conformity where they will not materially affect the value or utility of the work and the interest of the Government. Resident Engineer - The authorized representative of the Engineer, assigned direct charge of construction work. Right-of-Way- A general term denoting land, real property, or interest therein, usually in a Strip, acquired for or devoted to transportation purposes. F-5 09705. 43. 44. 45. 46 47. 48. 49. 50. 51, 52. 53. 54, Roadbed - The graded portion of highway within top and.side slopes, prepared as a foundation for the pavement structure and shoulders. Roadside. - A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways ofa divided highway may be considered roadside. Roadside Development - Those items necessary to complete the highway, which provide for the preservation of landscape materials and features; the rehabilitation and protection agairist erosion of all areas disturbed by construction through seeding, ‘sodding, mulching and the placing of other ground covers: such. suitable planting and other improvements as: may increase the effectiveness and enhance the appearance of the highway. Roadway - The portion of a highway within limits of construction. Shoulder - The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Sidewalk - That portion of the roadway primarily constructed for the use of pedestrians, Special Specifications - Special requirements, regulations or directions prepared to cover conditions peculiar to a particular project which are not thoroughly or satisfactorily expressed in these regulations. Specifications - The directions, provisions and requirements setting forth or relating to the method and manner of performing or paying for the work or services or to the ‘Kinds .and qualities of materials and labor to-be furnished under the contract. Specified Completion Date.- The date on which the contract work is specified to be completed. Statistically Based Acceptance - The analysis of all test results collectively and statistically by quality level analysis standard deviation method, as derived fram the Standard Specifications FP-14 to determine.the total estimated percent within the applicable specification limits for acceptance. ‘Structures - Bridges, culverts, catch, basins, drop inlets, retaining walls, cribbing, manholes, endwalis, buildings, sewers, service pipes, underdrains, foundation drain and other featurés which may be invalved in the work and not otherwise. classed herein. Subcontractor - The-individual, firm or corporation. undertaking the execuifon of a part. of the work or services under the terms of the contract by virtue of an agreement with the contractor, subject to-the approval of the engineer. F-6 309705, 55. 56, 57. 58. 59: 60. 62. 63. 64. 65. Subgrade.- The top.surface of a roadbed upon which the pavement structure and shoulders including curbs are constructed, Subheadings: - The:subheadings printed in these specifications are intended for convenience of reference only and shall not be considered as having any bearing on the interpretation thereof, Substantial Completion - The point at which the project is. compiete such that it can be safely and effectively used by the public without further delays, disruption, or other impediments. For conventional bridge and highway work, the point at which all bridge deck, parapet, pavement structure, shoulder, drainage, sidewalk, permanent signing and markings, traffic barrier, safety appurtenance, utility, and lighting work is complete. i Substructure - All of that part of:a structure below the bearings of simple and continuous spans, skewbacks or arches and.construction joints at the top of the vertical members of abutments and piers of rigid frames ‘including back wails, wingwalls and:wing protection railings. Superintendent - The Contractors authorized representative with authority to act for the Contractor. Superstructure - All that part of a Structure above the bearings of simple and continuous spans, skewbacks of arches and construction joints at the top of the vertical members of abutments and piers of rigid frames; excluding back walls, wingwalls, and wing protection railings unless supported by the superstructure. Supplemental Agreement - A iwritten agreement executed by the contractor and the Commissioner of Public Works, with the consent of the Contracting Officer and the contractor's surety, supplementing the contract-to cover changes or changed conditions incidental to and necessary for the acceptable. completion of the coritract. Signature by the Governor will not be required once approved by FHWA, Surety - The Corporation, Partnership or Individual, other than the Contractor, executing a bond furnished by the Contractor. Tie Bids - Responsive bids froin responsible bidders that are identical in price, terms and conditions and which meet all the requirements and evaluation criteria set forth in the invitation for bids. Traveled Way - The portion of the roadway for the movement of vehicles, exclusive of shoulders. . Turnouts - That portion of the roadway constructed as additional width to allow for safe passing of vehicles. 66. Work - The furnishing of ail labor, materials, equipment, and incidentals necessary or convenient to the successful completion of the project and-the carrying out of the duties and obligations imposed by the contract upon the Contractor. 67. Abbreviatioris AA Aluminum Association AAN American Association of Nurserymen AASHTO — American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pavement Association AGC Associated General Contractors of America AIA American institute of Architects AISC: American Institute of Steel Construction AISI American [ron and. Steel Institute . ANS! American National Standards institute ARA American Railway Association AREA American Railway Engineering Association ARTBA. American Road and Transportation Builders Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASTM American Society for Testing and Materials AWPA American Wood Preserver's Association AWS American Welding Society AWWA American Water Works Association FHWA. The Federal Highway Administration GSA General Services Administration ITE Institute of Transportation Engineers. MIL Military Specifications NBS — National Bureau of Standards ITFPA National Forest Products Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association PCI Prestressed Concrete Institute PTI Post-Tensioning Institute SAE Society of Automotive Engineers SF Standard Form SSPC. Steel Structures Painting Council TAI The Asphait Institute UL Underwriter's Laboratory (Ref. V.I. Rules 242-1 (a) 2. Intent of Plans and Specifications 309705. The intent is.to provide-for the construction to final and acceptable completion in every detail, within the time specified, of the work described therein which the. contractor undertakes to do; in full Compliance with the plans, specifications, special provisions, proposal and contract. The contractor shall perform the work in accordance with the. lines, grades, dimensions, typical cross sections and other data shown on the plans or as modified by written order. The contractor shall furnish all materiais, equipment, tools and labor and everything necessary to.execute the work in accordance with the contract. (Ref, V1. Rule 242-30 -- Modified for FHWA contracts.) 3. Extra Work {a} Work or materials required for the satisfactory completion of the contract and not included under the unit price bid for an item shall be designated as extra work, This extra work may be included in the contract by change.order of the engineer. The Department may require the contractor to submit a written proposal for the additional items. The Contractor shall start work as ordered under any, extra work-order or supplemental agreement upon execution thereof by the contractor, Commissioner of the Department of Public Works, and the Federal Highway. Administration when the: project is funded, in part-or in whole, ‘by federal funds. Acknowledgment of the order’shall be by the Commisstoner of The Department of Property and Procurement but which shail not serve to preclude payment for any work satisfactorily completed prior to that date, (b) The contractor shail perform this extra work in accordance with the intent of the Specifications and under the direction of the resident engineer. No claims for extra work will be paid unless the. work was authorized in writing prior to beginning construction. If agreement cannot be reached on the price forthe items involved, the engineer may order the work done: by force account or may do it in any manner deemed best for the Government. (Ref. Vil. Rule 242-33.) 4, Detours on Highway Construction (a) Any existing:traveled road within the limits of the contract shall be kept continuously. open for such public traffic as used the road before construction began. All trails, roads,-and. highways intersecting the road under construction shall be kept open and passable, temporary approaches and crossing shall be provided and maintained in safe condition. in fieu of maintaining traffic along the improvement, the contractor may bypass the traffic over detours constructed and maintained at his own expense. The location, character of construction and maintenance of all detours shall be approved by the. Commissioner. Ail detours shall be designed in.accordance with the MUTCD Part 6 Temporary Traffic Control, Latest Edition. All expenses of construction and maintenance of acceptable traffic ways over the project and of detours-and passageways shall be borne by the contractor without direct compensation except such detours as may be covered by an item.in the proposal for “Special Detours." If such an item is included, the work will be covered by a special provision and the detour will be shown on the plan for the project. (bo) If during the construction under this contract adjacent sections of highway are under construction by the Department, the contractor shall alow access to the other sections over that part of the road already constructed which is in condition to support traffic, provided authority is F-9. 309705. granted by the Commissioner for the use of the highway for this purpose. This authorization shall be furnished to the contractor in writing and it shall prescribe the limitations and regulations to be observed by the traffic thus. granted permission to use the roadway. It is understood that the organization or contractor granted such authority shail be held responsible for any or all damages which may be caused to any of the roadway already completed or under way on this contract, and. both parties shall bé bound to observe the decision of the Commissioner in regard to the estimated damages. (Ref. V.I. Rule 242-34.) 5. Structures and Obstructions (a) _ All structures, fences, buildings, or encumbrances of any character, upon or within the limits of the project, shail be carefully removed by the contractor and disposed of as indicated on the plaris or directed by the resident engineer. Any material so removed which the resident engineer may order salvaged shall be carefully stored and remain the: property ‘of the Government and may be used in the construction if so ordered. Unless otherwise provided, material from any existing old structure may be-used temporarily by the contractor in erection of the new structure. with the approval of the resident engineer. Unnecessary damage to such material shall be avoided. (b) Payment for this work shall hot be made directly except for specific cases expressly identified for payment as separate items in the. proposal and covered by special provisions. (Ref. V.I. Rule 242-36.) 6. Materials Found on Job The contractor, with the approval of the resident engineer, may use in the construction any ‘suitable stone, gravel, sand or other acceptable material found in the earthwork operations and will pay only the corresponding contract unit price therefor, but, if required, he shall provide at his own expense sufficient suitable material of similar nature to complete the portion of the work which was. original contemplated to be completed with such used material. No charge for materials so used will be made against the contractor except that he shall replace it as provided above. The. . contractor shall not excavate or remove any material.from within the right-of-way or property which is not within the excavation as indicated by the plans.and established in the field, without prior written authorization by the resident engineer. (Ref. V.I. Rule 242-36} 7. Final Cleaning Up (a) The work will not be considered completed and ready for final acceptance until all the details of every item has been fully completed in accordance with the plans.and specifications in a manner acceptable to the engineer. The area covered by the construction, all borrow pits and all ground occupied by the contractor in connection with the work shall be-cleared of all rubbish, excess materials, temporary structures and building equiprnent and materials, and all fragmentary rocks and boulders, wasted excavation and unsightly material shall be disposed of, so as.to leave F=10 309708, the entire project in a neat and presentable condition.. Temporary. detours visible from the roadway and used only during construction shall be obliterated. Adjacent property, public of private, used during the construction, shall be cleaned and any damages incurred during the construction shall be repaired in.an acceptable manner. Slope intersections shall be neatly raunded as shown on the plans and all gutters and ditches shall be cleaned and left.so that they will drain. Borrow pits, quarriés and other excavations ih corinection with the work shall be trimmed up in a workmanlike manner and surplus material removed or leveled and necessary drainage shall be provided. {b) As a part of the completion.of any structure, all excess material, cofferdams, construction buildings, temporary structures. and debris resulting from construction shall be: removed. Falsework piles shall be removed to the ground level. Where. work is in a stréam, all debris shall be removed from the. bed of the-stream and the stream channels, structure-and highways left unobstructed and in a neat and presentable condition. (c) Materials cleared from the construction-area and deposited on property adjacent thereto will not be. considered as' satisfactorily disposéd of, unless approved by the resident engineer. (d) This work shall be considered necessary work auxiliary to the accomplishment of the: contract and no direct. payment will be made therefore. (Ref. V.. Rule 242-37.) 8. Authority of Engineer The engineer shall decide all questions that may arise as to the quality or acceptability of materials. finished and work performed, the manner of performance and rate or progress of the work, the interpretations of the plans and specifications, and the acceptable fulfilment of the contract on the part of the contractor. In the event of.a dispute which is not disposed of in agreement, the Commissioner shall decide. 9. Plans and Drawings (a) The Department will furnish the contractor, without charge, with two (2) complete sets of plans and, on written request by the contractor; additional sets of plans will be supplied without charge to a maximum of five (5) sets, including the two (2) original sets. Plans will show alignment, profile, typical section and. general sections. Structure plans will show general features and sufficient details necessary to give a comprehensive idea of the proposed structures. {b) | The contractor shall furnish necessary working and detail drawings which shall be approved by the engineer before any work involved in them is started, but-such approval shall not relieve the. contractor of any of his responsibilities under the contract and of the responsibility for the satisfactory completion of the improvement. Any material ordered prior to the approval of such plans shall be at the contractor's risk. No deviation from said approved plans will be allowed without the engineer's written consent. (c) | Working drawings for steel structure. will consist of shop erection, and other working drawings including stress sheets, camber diagrams, erection diagrams, bending. diagrams for F-11 309705. reinforcing steel, shipping statements giving list of parts, lists of field rivets and bolts and wrights of parts. Working drawings for-all structures shall include, if necessary, layouts for cribs, cofferdamns, falsework, centering form work, bracing, and masonry layout diagrams. Working drawings for concrete structures will consist of such detailed plans as may be required for the successful performance of the work and are not included in the plans provided by the Department. (d) Such plans furnished must conform to the general plans and drawings, to the general siress sheets and to the specifications. It is mutually agreed that approved general plans furnished by the Department shall prevail over any plans, drawings or details prepared by the contractor or his agents. {e) Shop drawings shall be 22 inches by 36 inches in size. Two sets of blueprints shall by submitted to the enginéer and one set will be returned to the contractor with desired revisions noted thereon, unless otherwise required by the special provisions. After correction and approval, five additional sets of prints or copies shall be furnished the Department. Upon completion of the fabrication, the original tracing or one set of Vandyke negatives shall be given the Department, No payment for these plans or drawings shail be made. (f) Itis the responsibility of the contractor to verify all quantities of material shown on the plans before ordering same, as payment is-made for acceptable materials complete in place, and ‘materials rejected, due to improper fabrication or excess quantity or for other reasons within the control of the.cantractor, will not be paid for regardless of the quantity or dimension shown on the Plans. The resident engineer, when requested, will check any or all material orders prepared by the contractor, but such check will not relieve the contractor of responsibility. (Ref. V.I. Rule 242-52.) 10. Conformity with Plans and Allowable Deviations All work under the contract must conform strictly to. the approved plans, and finished surfaces shall ‘be true to line, gradé, cross section and dimensions within the limits-of reasonable tolerances as established in the specifications or on the. plans, or determined by the engineer. Any deviation from the plans and approved. working drawings. that may be required by the exigencies of construction or otherwise will in all cases be determined by the engineer arid authorized by him in writing. (Ref. V.I. Rule 242-53.) 11. Cooperation of Contractor ‘The contractor shall have.available on the job at all times; during the coristruction period, one complete copy of the contract, all approved plans, specifications, special provisions-and authorized alterations. The contractor shall give the work his constant attention, ‘Shall facilitate the progress. thereof and shall cooperate with the engineer in every way possible. He.shall have at all times a competent and satisfactory superintendent on the job, authorized to receive orders and act for him. In the. performance of the work under this contract, the contractor shall so conduct his operation as to avoid interference with any other contractors. F-12 309705. (Ref. V.1. Rule 242-55.) 12. Authority of Inspectors Inspectors appointed by the Commissioner will be fully empowered te represent the Commissioner in ali matters. pertaining to inspection. of work done and materials furnished. Such inspection may ‘extend to all, or any part of the work and to the. preparation or manufacture of the materials to be used. In case of any dispute between the contractor and an inspector as to material furnished or the manner of performing the work, the inspector shall have the authority to identify the non- conforming material or work and shall immediately notify the engineer in order to make a determination to reject materials.or suspend the work until the question at issue can be decided by the engineer, He shall not be authorized to revoke, alter, enlarge, relax.or release any requirements. of the specifications, nor to approve or accept any. portion of the work: nor to. issue. instructions contrary to the plans and specifications. Any advice the inspector may give the contractor’shall in no way be construed as binding the engineer nor the Department in any way, hor as releasing the contractor from fulfillment of any of the terms. of the contract: 13. Inspection (a) The engineer and the inspector shall have free access, at.all times, to all parts of the work and to. all materials intended for use in the work. The contractor shall furnish the engineer with every reasonable facility for ascertaining whether or not the work as: performed is in accordance with the requirements and intent of the specifications and contract. No work shall be done nor materials used without suitable supervision or inspection by the engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defects are discovered. Neither shall such failure obligate the Department to final acceptance. The contractor shall-furnish the engineer and inspector such information and assistance as may be required to make complete and detailed inspections. If the engineer requires it, the contractor, at any time before acceptance of the work, shall rermove or uncover-such portions of the finished work as may be directed. After examination by the engineer, the contractor shail restore said portions of work to the standard required by the specifications. Should the work. thus exposed and examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the paris removed shall be paid for as extra work: but should the work so exposed and examined prove unacceptable, the uncovering arid replacing of the covering and making. good the parts removed shall be at the contractors' expense. (b} | When the United States Government is to pay a portion of the cost of, or is directly affected by the work covered by this contract, the work involved shall be subject to inspection by its authorized representatives. Such inspection shall not, in any sense, make the United States Government a party to this contract, and will in no way interfere with the rights. of the Department or the contractor. (Ref. V.I. Rule 242-58.) F-13 309705, 14. Removal of Defective and Unauthorized Work Any element of the work, where the variation from allowable specified limits exceeds the applicable limitation or where the plans and specifications are not complied with.every respect, shall be corrected before final acceptance. All work which has been rejected shall be remedied or removed and replaced in an acceptable manner by the contractor at his own expense. Work done beyond the lines and grade as shown on the plans or as given, except.as specially provided or ordered in writing by the engineer, or any extra work done without written-authority, will be considered as unauthorized and done at the expense of the contractor and will not be paid for. Work so done may be ordered removed .at the contractor's expense. Upon failure on the part of the contractor to comply with any order of the engineer made under the provisions of this paragraph, the engineer will have authority to cause défective work remedied'or removed and replaced and unauthorized work removed, and the. cost thereof may be deducted from arly money due or to become due to the-contractor. . (Ref. V.l. Rule 242-59.) 15. Final inspection Whenever all the materials have been furnished and all work has been performed, including final cleaning up as contemplated by the contract, all in accordance with plan specifications, the resident-engineer shall notify the Commissioner that said work is completed and réady for final inspection. The final inspection shall be madeé.by the Commissioner or his designee as soon. as reasonably possible within receipt of the notice. The contractor will be notified of the date the final inspection will be made. If al! construction provided for and coritemptated by the contract is found completed to the satisfaction of the engineer, this inspection shall constitute the final inspection and the engineer shall recommend to the Commissioner the final liquidation of all work done, the date of completion to be established as of the date of the notice of the resident engineer. If however, upon inspection by the engineer appointed by the Commissioner to make the final inspection, it is found that any work, in whole or in part, is unsatisfactory, the engineer shall give the contractor the necessary instructions as to replacement of material and performance or re- performance of work necessary and prerequisite to final completion and acceptance, and.the contractor forthwith shall comply with and execute such instructions. Upon satisfactory replacement and performance or re-performance of such work, the resident engineer shall notify the Commissioner, and another inspection shall be made which will constitute-the final inspection. if the said material is found to have been acceptably replaced andthe work completed satisfactorily. In such event, the date of this last-notice of the resident engineer will be established as the date of completion of the contract, The date of completion thus established shall be used in calculating the actual tinie of performance of the work: If af any fime.during the construction of the project the Contractor substantially completes a unit or portion of the project such as.a structure, an interchange, or a section of road or pavement, a final inspection may be tequested of that unit. If the unit has been substantially completed in compliance with the contract, that unit may be accepted and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance shall in no way void or alter any of the terms of the contract. (Ref. VI. Rule 242-61 - Modified for FWHA Funded Contracts.) F-14 309705: , 16. Sources of Supply and Quality of Material (a) Only materials conforming strictly to the requirements of these specifications, first class in quality and approved by the engineer prior to use, shall be used inthe work. Ail materials proposed to be used may be inspected or tested at any time during their preparation or se. The source of supply of each of the materials shall be approved by the engineer before delivery and representative samples shall be submitted as required by the engineer. If tests indicate that the material will not meet the requirements of the specifications, other sources. shall be developed. The approved source of supply shall stand approved only so long as material produced conforms to the requirements. No materials which, after approval, have in any way become unfit for use ‘Shall be used in the work. (b) The Commissioner may acquire and make available to the contractor the right to use materials from sources designated on the plans, together with the right to use materials from ‘sources designated on the plans, together with the right to usé such property adjacent therefore as may be required for plant site, stockpiles and hauling roads. When sources of local materials are thus designated for use, the contractor shall satisfy himself as to the quantity of acceptable ‘material available at such locations and the Government will not assume any responsibility as to: the quantity of acceptable material at the designated locations. When sources of supply are thus ‘indicated on the:plans, the conditions.governing the use will be fully set. forth in the special provisions attached to the contract. Unless this arrangement is indicated on the plans for specific materials and covered by special provisions, all materials required for the satisfactory completion of the work shall be furnished by the contractor. (¢) The use of trade names in the plans and specifications. for various items is to establish a specification for these items and not to restrict the use of other products, materials, equipment, and methods which are of equal quality, durability and ease of maintenance. The contractor shall submit shop drawings, catalog cuts, and/or manufacturer specifications for all manufactured materials. for approval by the.engineer prior to use. (Ref. V.1, Rule 242-62 - Modified for FWHA Funded Contracts.) 17. Samples and Tests (a) The approval of preliminary samples shall not bé considered as a guarantee that ail materials from the same source will be accepted. Any material which has been sampled. and accepted may be resampled and retested.at any time before use. Samples upon which acceptance or rejection of materials is based shall be taken bya representative of the Department in-accordance with the methods prescribed in the-A.A.S.H.O. or the A.S.T.M. standards or any other standards especially adopted and.set forth in the special provisions. The coritractor shall afford.such facilities as the engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until they. have been found to satisfy the requirements of the specifications. The contractor in all cases shail furnish the required samples without charge. (b) Tests of materials will be made by and atthe expense of the Department, unless otherwise provided. These tests shall be made in accordance with the methods shown i in the specifications using standards prescribed by the A.A.S.H.O. or the A.S.T.M. Tentative: F-[5. 309705. specifications or any other standards especially adopted and set forth in the special Provisions. Shall have precedence over standard Specifications and the applicable standard. and tentative specifications current at fhe time of advertisement for bids shall apply. {c) Periodic inspections and tests of all materials forthe construction will be made to insure that all material is.satisfactory and meets. all requirements of the governing specifications. When the volume of materials, constructor progress or other conditions warrant, the Government. reserves the right to make inspections and tests of matetiais at the source of supply and to exercise field control over quality and grading to insure the délivery of acceptable satisfactory material on the project. Scales, measures-and weighing equipment may be checked at any time: by the Department. (Ref. V.1. Rule 242-63.) 18. Storage of Materials Materials requiring storage shall be located so as to-facilitate prompt inspection and shall not be piled except where and as permitted by the engineer. They shail be so stored as to insure preservation of their quality and fitness for the work and may be rejected for failure to meet specifications requirements at the-time of placing in-stockpiles or storage.as-well as.at the time of delivery, and ail materials shail be inspected and accepted prior to use in the work. Stockpile sites shall be restored as nearly as possible to their natural condition immediately after removal of the stored materials. (Ref. V.1, Rule 242-64.) 19. Defective Material All materials not conforming to the requirements of the governing specifications shall be. considered as defective and shall be removed immediately from the site of the work unless permitted to remain by the engineer. No defective material, the defects of which have been subsequently corrected, shall.be used until approval has been given. Upon failure on the part of the contractor to comply forthwith with any order of the engineer made pursuant to the provisions of this section, the engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement ftom any money due or to become due to the contractor. (Ref. V.I. Rule 242-65.) 20. Laws to be Observed (a) The contractor. at alt times shail observe and comply with all Federal and local laws and regulations in any mariner affecting the work, the equipment or materials used in the proposed construction, and those’employed on the job or in the direction of the same, and with ail such: orders or decrease at present or may be enacted later by bodies. or tribunals having any jurisdiction or authority over the work.. The contractor shail save harmless or indemnify the Department and its representatives, officers, agents and against any claim or liability arising frory F-16 309705. or based on the violation of any such law, reason, order or decree, whether by himself or his employees. (b) The contractor is required by law to pay Insurance premiums to cover ail the laborers. to be employed and special attention is called to the Workmen's Compensation Law. If premiums and taxes legally assessed have not been paid as required by jaw, the amount required shall be deducted from any payments due or to. become due to the contractor. (Ref. V.I. Rule 242-66.) 21. Permits and Licenses The contractor shall procure all required permits and licenses and pay all fees, royalties and charges and give all notices necessary and incidental to the due and lawful prosecution of the work. All equipment requiring licenses shall bear Virgin Islands licenses and any others that may be legally necessary. (Ref. V.I. Rule 242-67.) 22. Restoration of Surfaces Opened. by Permit The contractor shall not allow. any person or persons to make.an opening in any surface unless written authority is given by the Commissioner prior to the starting of the work. When such openings are to be made the contractor shall make or repair them upon written order of the Commissioner. Minor repairs shall be performed by the contractor at his own expense and repairs of any considerable extent shall be by a work order specifying the character of work to be done and the methods to be used. (Ref. V.1. Rule 242-69.) 23. Federal Participation When the United States Government is.to pay a part of the cost of construction, the construction work will be subject to inspection by representatives of the Federal Government as may be . necessary to meet the requirements of the Federal laws and regulations, but such inspection will in no. sense make the Federal Government a party to this contract. On projects where the Federal Government participates in the cost, the contractor shall extend the same courtesies to the representatives of the Federal Government as are required to be extended to representatives of the Government. (Ref. V.I. Rule 242-70.) 24. Sanitary Provisions The contractor shall previde and maintain ina neat, sanitary condition such accommodations for the use of hts employees as may be necessary to comply with ‘the requirements. and regulations of local health departments and officials having jurisdiction thereof. He shall neatly clean up:all F-17 309705, campsites, burn or dispose of all rubbish and perishable material and have the premises in a neat and sanitary condition when he-has completed the occupancy of the site. (Ref. V.I. Rule 242-71.) 25. Public Convenience and Safety The contractor shail ai ail times so conduct his work as to insure the least possible obstruction to traffic-and to protect the traveling public. On highway projects, when the road under construction is being used by the traveling public, special attention shall be paid to keeping thé stibgrade in such condition that the public can travel over it in reasonable comfort and safety. Material stored on the highway shall be. so placed as to cause only such obstruction and inconvenience to the traveling public as it considered unavoidable. No public road shall be closed by the contractor except by express permission of the engineer. The contractor shall provide and maintain at his expense such temporary roads as may be necessary to provide access to driveways, houses and buildings along the work, as.well as temporary approaches to and crossings of intersecting highways. Then the contract is required, either under the terms of the contract or by written. order of the engineer, to construct temporary. bridges or crossings, his responsibility for accidents shall extend to the roadway approaches and. structure proper of such temporaty bridge or crossing. The contractor shall comply with all applicable rules of the Commissioner of Labor. (Ref. V.I. Rule 242-72.) 26. Barricades, Danger, Warning and Detour Signs The contractor shall erect and mairitain construction signs, barricades and warning devices as Noted in the plans and specifications and as. directed by the engineer. All traffic control devices must be in compliance with the latest edition of the MUTCD. Payment for this work will be as stipulated under.the appropriate items of the contract. (Ref. V.I. Rule 242-73.) 27. Explosives (a) | When the use of explosives is necessary for the performance of the work, the contractor shall use the uimost care so as not to endanger life or property. Blasting operations Shall be. conducted under the most.careful and experienced supervision. The contractor shall keep the resident engineer informed as to his drilling and blasting operations and shall obtain his approval where required before-blasting. He shall use.suitable mats or other approved means to smother blasts when required. The contractor shall adopt precautions in using explosives to prevent damage to surrounding objects and the scattering of rocks, stumps or.other debris outside of the roadway slopes. Nothing herein shall release the contractor from full responsibility for damage or injury resulting from the use of explosives, {b) All explosives shall be stored in a secure manner and in conformity with local laws and regulations. Storage places shail be substantial in character and shall be kept locked. and shall be clearly marked "DANGER EXPLOSIVES.” F-18 309705. (Ref. V.I. Rule 242-74.) 28. Protection and Restoration of Property (a) | The contractor shall be-responsible for the preservation of all public and private property; monuments, télephone and ‘telegraph. lines and other public and private utilities, etc., along and adjacent to the roadway, shall use every precaution necessary to prevent damage to pipes, conduits and underground structures, and cooperate with the owners of any underground or overhead utility. lines if their removal and rearrangement i in order that their operations may progress in a feasonable manner, and that duplication and rearrangement of work may be reduced to a minimum and that success rendered by these parties will not be interrupted unnecessarily. Any utility linés injured by the contractor shall be repaired at once at his expense. The contractor shall protect carefully from disturbance or damages all lard monuments and property marks and notify the responsible parties if they must be moved or changed ih any way,.and shall not disturb them until.an authorized agent-has witnessed or otherwise referenced them and directed their removal. All trails and roads adjacent to or intersecting the work shall be protected from damage: The contractor shall be responsible for the preservation of all-artifacts, objects.of art, old curiosities and minerals found on the right-of-way or in the construction operations and shall report.them to the engineer. Allsuch articles shall’ be the property of the Government'and shall be extracted and removed in accordance with the orders of the engineer. (b) When or where any direct or indirect damage or injury is done to public or private property by or-on account of an act, omission, neglect or misconduct in the execution of the work, or in consequence of the nonexecution thereof on the part of the contractor, such property shall be restored by or for the contractor and at the contractor's expense to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring the same, or he shall make good such damage or injury in a manner acceptable to the responsible parties and to the satisfaction of the engineer. (c) No advertising signs of any character will be allowed to be erected on any part of the work and no inscription shall be put on any part of the work without proper authorization. (Ref. V.1, Rule 242-75.) 29, Responsibility for Damage Claims The contractor shall save harmless the Government and all its officials, representatives and agents from ali suits, actions or claims. of any character brought on account of any injuries or damages received or sustained by any person, persons, or property through the acts of the contractor or his agents or servants, or by or in consequence of.any negiect:on the part of the contractor, or his agents or servants, in safeguarding the work or through the use of unacceptable materials in the. construction of the work, or by or on account of any claims.or amounts recovered for any infringement of patent, trademark or copyright, and for any claims or amounts arising from or recoverable under the workmen's compensation laws or any other laws, orders or decrees. The contractor shall be responsible for all damage or injury to property. of any character during the: execution of the work resulting from any act, omission, neglect or misconduct in the manner or method of exécuting-said work or due to. the nonexecution of said work at:any time, or due to F-19 309705.. defective work or materials, and such responsibility shalt continue until the work has been completed and accepted by the. Commissioner, (Ref. V.I. Rule 242-76.) 30. Opening of Section of Highway to Traffic The work under construction, or any section thereof, shall not be opened to traffic until so directed or authorized by the engineer. When any substantial portion or feature of the project is. satisfactorily completed, it may be opened to traffic with the written permission of the commissioner. Such action shall not constitute final acceptance of the work or any part of it, or a waiver of any of the provisions of the contract. The written order of the Commissioner shall contain instructions as to the maintenance of the portion of traffic. Any damages to the highway that may occur on such section, not attributable to traffic, shall be repaired by the contractor at his expense except that any unavoidable slides that may occur shall be removed and this work paid for in the same manner as if the road had not been opened fo traffic. (Ref. V.1, Rule 242-77) 31. Contractors Responsibility for Work (a) Until the final acceptance of the work by the Commissioner, as evidenced in writing, the work shall be under the charge and care ofthe contractor, and he shall take every necessary precaution to protect it from injury or damage to any part thereof by the action of the elements or from any other cause whatsoever, whether arising from the execution or nonexecution.of the work. The contractor shall rebuild, restore and make good any injuries or damages to any portion of the work occasioned. by any of the above causes before its completion and acceptance, and shall bear the expense thereof, except damages to the work due to unforeseen causes beyond the control of and without fault or negligence of the contractor, including but not restricted to acts of God or of the public enemy, acts of the Government, slides found by the engineer to have been. unavoidable, and ordinary wear and tear on any section of the road opened to traffic by-order or with the written permission of the Commissioner. (b} An act of God is construed herein to mean an earthquake, hurricane or other cataclysmic phenomenon of nature nat ordinarily occurring. A rain, windstorm, flood or other nature phenomenon of normal intensity for the particular locality shall not be construéd.as an act of God and no reparation to the contractor shall be made for damages to the work resulting therefrom. The engineer shall be the sole judge.as to whethera particular phenomenon shall be classed as an act of God or as a normal occurrence, and his measurement of quantities and determination of repairs and replacements shall be the basis of determination of the payment for work done if such payment is authorized and approved by the Commissioner. (c) _ In case of suspension of work from any cause whoever, the contracior shail be responsible for all materials-and shall properly store them, if necessary, and shall provide suitable drainage for the roadway and erect necessary temporary structures as required, ail at his expense. The contractor shall continuously maintain, during any such period of suspension all newly planted sod, grass or tree growth in.a growing condition, and shall protect such vegetative growth from F-20 309705, injury. All material not incorporated in the work shall be considered as the responsibility of the contractor and shall not be used when work is resumed until it has been accepted by the engineer. (Ref. V.i. Rule 242-78.) 32. Public Officials Not Personally Liable In carrying out any of the-provisions of this contract or exercising any power or authority granted to ihe Commissioner, and any authorized engineers, agents or assistants by law or by the coniract, there shall be no liability, dither personally or as Officials or representatives of the Govertiment, it being understood that.in. such matter they act as the agents and representatives of the Government. (Ref. V.|. Rule 242-79.) 33. Waiver of Legal Rights (a) The Government shall not be precluded or stopped by any inspection, measurement, estimate or certificate, any order by the Department for the payment of money, any payment for or acceptance. of any work:or an extension of time, or any possession taken by the Department, from “‘shewing the true arnount and.character of the work performed and materials furnished by-the contractor nor from showing that any measurement, estimate or certificate is untrue or is incorrectly made, nor thatthe work. or materiats do not in fact conform to the contract. The Government shall hot be precluded or stopped, notwithstanding any such measurement, estimate or certificate and payment in accordance therewith, from recovering from the contractor and his sureties such damages as it may sustain by reason of his failure to comply with the terms of the contract. Neither the acceptance by the Commissioner or by his representative, nor any payment for-or acceptance of the whole or any part of the work, nor-any extension of time, nor any possession by the Commissioner or his agents, shall operate as a waiver of any portion of the contract or of any powers herein reserved, or of any rights to. damages. A waiver of any breach of the contract shall not be held to be a waiver of any.other or subsequent breach. . (b) The Department reserves the right to correct any error that may be discovered ih any estimate that may have been paid, and to adjust the same to meet the requirements of the contract and specifications. Upon conclusive proof of collusion, error or dishonesty between the contractor or his agents and the engineer or his assistants being discovered in the work after final payment has been made, the Government reserves the right to claim and recover by process of law-such sums as may be sufficient to correct the error or make good the defects in thé work resulting from such error, dishonesty or collusion. (Ref. V.1. Rule 242-80.) 34, Subletting or Assignment.of Contract (a) The contractor shall perform with his.own organization contract work amounting to not less than 50 percent of the total contract cost, except that any items. designated in the contract as "specialty items" may be performed by subcontract and the cost of any Such "specialty items” so F-21 309705. performed may be deducted from the total contract cost before computing the amount.of work required to be performed by the contractor with his own organization. (b) —_No portion of the contract shall be sublet except with the written consent of the Commissioner. The term "subletting" shall be understood.to mean the arrangement with any party of parties to execute a part of the contract work. Request to sublet, assign or otherwise of any portion of the contract shall be in writing, and shall show that the party or organization which will perform the work is particularly qualified by experience and adequately equipped to execute the work in a satisfactory manner. The subcontractor shall comply with all the requirements of the contract and will be required to pay the minimum wage for labor and conform to the minimum. regulations for deductions for board, if furnished, as stated in the proposal. No'work shall be performed or materials incorporated in the work by a subcontractor, until a properly executed subcontract has been filed and approved by the Commissioner. Written consent to sublet any portion of the. contract Shall not be construed to relieve the contractor of any responsibility. for the fulfillment of all the requirements of the contract. Subcontractors shall not be required to furnish bonds for Subcontract Agréernents covering work under the contract. This work.is already covered under the Contractor's executed payment and performance bonds. (c) The Commissioner résetves the right to remove from the job forthwith any subcontractor, and his equipment, who operates in violation of these requirements or who is not executing the work in a manner satisfactory to the engineer, and the subcontractor shall not again be employed on the job. Any costs incurred by the Department in thus dealing with a subcontractor shall be charged to the. contractor and deducted from any monies due him. (d) No contract shall be. assigned in whole or in part to-any party or parties unless prior written permission is given by the Commissioner. 35. Performance of Work (a) The contractor shall begin work within 10 days after the date of the formal notice to proceed. He may assemble materials and start preliminary work as soon as he is notified of the: award, but no responsibility for acceptance of the work. performed shall be assumed by the Department until and unless thé contract is actually signed by the Commissioner. The contractor within 20 days after the award is made, shall file with the Commissioner a time chart or schedule of proposed progress, a plan of construction including a detailed statement of the source of all materials.to be used in the work, and the dates when they will be delivered or made available for the construction, and the proposed detailed method of carrying on the work, including a full Statement of equipment and equipment layout for the job. This progress chart and statement of operations shall show the dates of completion of the major items of the work, and, if not satisfactory to the Commissioner, it shall be revised to provide for the use of adequate and sufficient equipment and force, and a method of-operation which will be the. completion of the work within the contract time. This information, when it has all been approved by the Commissioner, shall become a part of the contract. (b) ‘The contractor shall start work on the part of the project designated by the engineer, and the work shall be conducted in such a manner and with sufficient materials, equipment.and labor as are considered necessary to insure its completion in accordance with the plans, F-22 309708, Specifications and contract, within the time set forth in the contract and proposal. Should the execution of the work be discontinued for any reason, the contractor shall notify the engineer at least 24 hours in advance of resuming operations. The rate of progress shall be compared with the time chart as the work progresses, and if the contractor falls behind schedule-he willbe required to-employ more equipment and labor or to modify his operations to insure the completion within the time set in the contract. Serious delay in progress will be brought to the atténtion of the surety with the notice-that they will be held jointly responsible with the contractor for the satisfactory completion of the work within the time set. (Ref. VJ. Rule 242-82.) 36. Limitation of Operation . (a) The contractor shall at all times ‘conduct the work in such ‘a manner as will insure the least practicable interference with traffic and shall arrange convenient:detours if required. He shall not open.up work to the prejudice of work already started, and the engineer may require the contractor to finish a section on which work is in progress before work is started on any additional section. The contractor will be held responsible for any damage done by him or his agents to work performed by any other contractor. ) (b} The location of temporary roads, quarries, pits, camp: buildings and storage and other construction buildings shall be approved in writing by the engineer before they are built or opened up. All buildings and. grounds shall be maintained in’sanitary and sightly condition during the construction period and construction buildings on public lands of-on private land, if directed, shall be removed upon completion.of the-contract and the site shall be restored by the contractor, at his expense, to a neat and presentable condition appropriate to the surrounding landscape. . (ec) The contractor shall give special attention to the effect of his. operation upon the Jandscape, shall take special care to maintain natural ‘surroundings undamaged and shail not deface, injure or destroy trees or shrubs nor remove. or cut them without special authority. Where, in the opinion of the engineer, trees may be defaced, bruised, injured. or otherwise damaged by the contractor's equipment, or by his blasting, dumping or other operations, he may direct the contractor to adequately protect such trees by placing boards, planks or poles around them. Monuments and works of art shall be simply protected before beginning operations near them. All these precautions shall be taken by the contractor at his expense. (d) Construction of drainage structures shall be scheduled so as to allow them to attain adequate sirength before grading operations are carried on over or adjacent to them. All. sodding; seeding or planting of any character required by the contract shall be performed in the proper season to insure the rooting and growth of the plants and grass. (Ref. VI. Rule 242-83.) 37. Character of Workmen and Equipment (a) The contractor shall at all times employ-sufficient labor and equipment for executing the several classes of work-to full completion in thé manner and at the time specified in the spécifications and contract. F-23 309705, (b) All workmen employed by the contractor must have sufficient skill and experience to properly perform the work assigned to them. All workmeri engaged in special work, or skilled work, such as bituminous pavement or mixtures, concrete. bases, pavements or structures, steel structures, or in any trade shall have sufficient experience ih the performance of such work to properly and satisfactorily perform it, and to-operate the equipment involved, (c) Any person employed by the contractor, or by a subcontractor, who in the opinion of the engineer does not perform his work in 4 proper and skillful manner, or is disrespectful, intemperate, disorderly or otherwise objectionable, shall, at the written request of the engineer, be. forthwith discharged by the contractor or subcontractor employing such employee, and such person shall not be employed again on any portion of the work without the written consent of the engineer. Should the contractor fail to. remove such person or persons or fail fo furnish suitable and sufficient equipment or personnel for the proper.execution of the work, or should he display antagonism, disrespect or unwillingness to cooperate with the engineer, the Commissioner may withhold all estimates, which are or may become due, or may suspend the work until such orders are complied with the harmonious relations reestablished by the contractor with the engineer. (d) Alt machinery or equipment owned or controlled by the contractor which is proposed to be used on the work, shall be of sufficient size and in such mechanical condition as to meet the requirements of the work and to produce a satisfactory quality of work. The engineer may order — the removal and require replacement of any unsatisfactory equipment. Should the contractor fail to furnish suitable and sufficient equipment for the proper execution of the work, the engineer may withhold all estimates which are or may become due, or may suspend the work until his orders are complied with. Failure of the contractor to provide adequate and satisfactory equipment may result in annulment of the contract. No change in the machinery and équipment employed on the job, which has the effect of decreasing its capacity, shall be made except upon written permission from. the engineer. The measure of capacity of machinery and equipment shall be its actual performance on the job. No item of equipment or machinery, after once being placed on the job, shall be removed without the consent of the engineer. ) (Ref. V.I. Rule 242-84.) 38. Temporary Suspension of Work (a) The Commissioner shall have the. authority to suspend the work, wholly or in part, for such a period as he may deem necessary, due to unsuitable weather, or to such other conditions as he may consider unfavorable for the suitable execution of the work.. Notice of such suspensions; with the reasons therefore, shall be given the contractor in writing, before the work is stopped. Work of an emergency nature ordered by the engineer for the convenience of public traffic and the production. of materials for storage, if performed. during a period of total suspension, shall not be charged to contract time. The Commissioner may suspend the work, wholly or in part, for failure on the part of the contractor to correct conditions unsafe for workmen or the general public, or to carry out orders given or to perform any operations considered necessary for the ‘Satisfactory completion of the work, or to.remove defective maierial from the wark, and no change in contact time shall be allowed for these Suspensions. F.24 309705, (b) The Contractor shall not suspend the work without written authority from the Commissioner. (c) | Upon suspension, the work shall be put in proper and satisfactory condition, carefully covered, if required, and properly protected as directed by the engineer. In all cases. of ‘Suspension, the work shail not again be resumed until permitted by written order of the engineer or the Commissioner. ) (Ref. VJ. Rule 242-85 - Modified for FWHA Funded Contracts:) 39. Determination and Extension of Contract Time for Completion (a) The contract time will be the number of calendar days allowed for completion of the work, as stated in the proposal and in the contract. (b} Contract time shall commence on the date stipulated in the notice to proceed, and every calendar day thereafter:shail be counted. (c) The submission of a proposal carries with it the guaranty by the. contractor that he will fully complete the work within the time Specified. (1} The time allowed. for performance may be adjusted only for delays. that affect critical activities or cause critical activities to become critical and for the reasons stated. below (A) Increase contract value. if satisfactory fulfillment, of the contract with authorized extensions and. increases shall require the performance of work in greater quantities than those set forth in the proposal so that the total final payment is greater than the total original contract price, then the time allowance may be increased in the same ratio as the total cost of the work finally performed bears to the original total cost of the contract. (B) Suspension of work. In case of total suspension ordered by the Commissioner not due.to-any fault of the contractor, the.total number of calendar days during which the work is suspended shall be added to the contract time. In. case of partial suspension ordered by the Commissioner not due to ariy fault of the contractor, the contract time may be extended to the extent of the effect that such “Suspension may bear on the duration of the coniract as. determined by the Commissioner. (C) Unforeseen causes.. In case of damages to the work due to unforeseen causes such as acts of God (forces majeure) or by the public enemy, the Commissioner may make allowance of contract time for the time required to repair the damage, provided that.at the time such repairs are made, the contractor is petforming no work on the major items of the contract or that the work of the contract has not been wholly suspended. If the contractor is allowed to recover the expenses to repair the damage, the cost therefor shall not be considered in the total! cost of the contract for the purposes of time extension. F-25. 309705. (D) Causes beyond the control of the contractor. in case of delays or interruptions to thé work caused by acts of the Government or other causes nat attributable to the fault or negligence of the contractor, the Commissioner will evaluate the effect that such delay or interruptions have on the total contract time and he may allow an extension therefor. {E) Other causes. Additional time will be allowed if at the time of executing a change order, extra work order or supplemental agreement, .a time extension is agreed upon and 80 stipulated in the written order or agreement, in which case the added cost of such work will not be considered for time extension. If no time exiension is stated, any added cost resulting therefrom will be considered for time extension. . (2) Changes in contract time ‘shall hot be considered or allowed for the following reasons: . (A) Rain Days defined as potentially lost workday on which rainfall is greater. than >0.10-inch in 24 hours period, windstorm, floods and natural phenomena of normal intensity for the region. (B) Suspensions of work ordered by the engineer due to the fault of the contractor. ({C) Unauthorized suspensions of work by the contractor. 40.. Failure to. Complete. Work on Time (Damages for Delay} (a) Timeis an essential element of the contract and it is important that the work be pressed vigorously to completion. Should the contractor fail to complete ail the work within the time specified in the contract.or as extended by written authorizations by the Commissioner, there shall be deducted from any monies due, or that may become due the contractor, the sum set forth in the following schedule foreach and every calendar day the work remains uncompleted. This. sum shall be considered and treated not as a penalty, but as fixed and agreed liquidated damages due the Government from the contractor by reason of inconvenience to the public, added cost of engineering and supervision, and other items.which have caused an expenditure of public funds, resulting from his failure to complete the work within the time Specified in the contract, Schedule of Liquidated Damages (Modified for FWHA Funded Contracts): ORIGINAL CONTRACT PRICE | | CALENDAR DAY OR FROM MORE THAN TO AND INCLUDING SPECIFIED COMPLETION DATE F-26 309705, ‘$0 $ 1,000,000 § 500 $1,000,000 $ 2,000,000 $ 1100 $2,000,000 $ 5,000,000 $ 2200 $5,000,000 $10,000.00 $.2700 $10,000,000 And more $ 3300 (b) Permitting the contractor to continue and finish the’ work or any part of it after the date of campletion, or the date to which time for completion may have been extended, shall in no way operate as a'waiver on the part of the Government of any of its rights under the contract. (¢.) Liquidated damages in an amount equal to 20% of the amounit specified above will be assessed for each day beyorid the time allowed to. complete the contract beginning with the day after substantial completion and ending with the. date of final completion and acceptance 41. Termination Of Contractor's Responsibility The contract shall be considered complete when ail work covered by the same shall have been completely performed on the part of the contractor, all parts of said work approved by the engineer, the final inspection made, the final liquidation examined and approved by the Commissioner, and the final payment made and accepted by the'contractor. The date of final payment shall be the date of final campletion and settlement and the contractor will then be teleased from further obligation except upon proof of error or as set forth in the performance and payment bonds. (Ref. V.I. Rule 242-89) 42, Measurement of Quantities (a) _ The determination of quantities of work acceptably completed under the terms of the. In approved vehicles and measured therein at the point of delivery on the construction. Vehicles for this purpose may be of any size or type. satisfactory to the engineer, provided the teceptacle for the materials is of such type that the contents may be readily and accurately determined, Each approved vehicle shall bear ari identification mark indicating specific ‘approval by the engineer and also a permanent; plainly legible number. The engineer or inspector may reject all loads not hauled in such vehicles and may require each load to be struck offto a smooth surface or heaped fo insure the delivery of the full quantity. P-27 309705. (b) When requested, the engineer shall furnish the contractor information necessary to enable him to-check all quantities and if the contractor produces evidence that mistakes have been made, the quantities in question-shall be rechecked by the engineer and contractor together, and corrections made where. errors occur. . (Ref. V.I. Rule 242-101.) 43. Scope of Payment (a) Payments to the contractor shall be made only for the actual quantities of contract items, authorized additions performed and accepted in accordance with the plans and specifications, and if-upon completion of the construction these actual quantities shall show either a.decrease or increase from the quantities in the proposal schedule, the contract unit prices will _ still prevail except as provided in this contract. The quantities listed in the proposal schedule shall not govern final payment. The contractor. shall accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment and incidentals necessary to the completion of the work and for performing all work contemplated and embraced under the contract; also for all loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties that may be. encountered during the execution of the work and: until its final acceptance by the engineer, and for all risks of every description connécted with the execution of the work, also for all expenses incurred in consequence of the suspension of the work as herein.authorized, (b) In cases where the "Basis of Payment" clause in the specifications relating to any unit price in the proposal schedule requires that said unit price cover and. be considered compensation for certain. work or material essential to the item, this same work or material shall not be measured ‘Or paid for under any other pay item which may appear elsewhere in the specifications. (c) The payment of any partial estimate or of any retained percentage in no way shail — affect the obligation of the contractor to renew or repair any defective parts of the construction or to replace any defective materials used in the construction, or to be responsible for alll damage due to such defects. (Ref. V.1. Rule 242-102:) 44. Payment for Increased or Decreased Quantities: Whenever the quantity of any item of work is given in the proposal shail be increased or decreased, payment of such item of work shall be made on the basis of the actual quantity completed at the unit price for such item named in the proposal, except as otherwise provided in this title and in the detailed specifications for the item involved. Within the reasonable percentage limits (normal and expected) hereinbefore agreed upon in this title no allowance shall be made for any increase expense, loss or expected reimbursement, or loss of anticipated profits suffered or claimed by the contractor resulting, either directly from such alterations, or indirectly from unbalanced allocation among the:contract items of overhead expense on the part of the contractor and subsequent loss of expected reimbursement therefore, or from any other cause. (Ref. V.. Rule 242-103.) F-28 309705, 45. Force Account Work (a) Force account work as required under this title shall be covered by written orders and supplemental agreements. Force account work shall be: performed under the direct supervision of the engineer. The contractor and the engineer shall compare records of the work performed as ordered on a force account basis at the end of each day in which such work is: performed. Copies of these records shall be made upon suitable forms and signed by both the engineer and the contractor or his representative, one copy to be retained by each party, (b} — All work performed or fabor arid materials furnished.on a force account basis shail be paid for-as follows: (1) ‘For all labor and teams, and for foremen in direct charge of the specific operations, the contractor shall be paid the actual cost of wages as required by the contract in each case, or'if not covered by the contract, then the current local rate of wages, and the actual cost of Workmen's Compensation Insurance, the whole to be agreed upon before starting work, plus an amount equal to 15% of the actual cost of wages and Workmen's Compensation Insurance plus the actual amount of social security taxes-or any other employment taxes or fees required by law to which amount no petcentage. shall be added. ) (2) For all materials furnished and accepted by the engineer, the contractor shall be paid the aciual cost of such materials as are used on the force account work, including transportation charge to which costs. shall be added a sum equal to 15% thereof. (3) | The Contractor will be paid rental for all equipment authorized by the Engineer to be used on the force account work. The rental to be paid will be computed using an hourly rate which is 1/176 of the monthly rate listed in the Rental. Rate. Blue Book published by Dataquest of ‘San Jose, California, which is in effect at the time the equipment is used and adjusted as per the Fate adjustment factor applicable to the Virgin Islands. Said rate shail include compensation for all fuel, lubricants and all other expenses necessary for their operations (excluding operator), and to which no percentage shall be added. No allowance shall be made for the use of small tools and manual equipment. (4) No-allowance shall be made-for general superintendence. (c) The Contractor shall furnish itemized weekly staternents to the resident engineer of the cost of all force account work, together with the original receipted bills for material used or any. other expenses in connection with the. force account work. These weekly statements shall show the following information: (1) Natureé-of work performed: (2) Name, class, dates, number of hours worked each day, total hours, rate and extension, for each laborer, foreman and team engaged. (Teams and drivers. must be carried separately in the statement, and likewise, must all operators of equipment be carried separately in order that the amount paid for labor may be determiried): F-29 309705, (3) Designation, number of hours worked each day, total hours, rental rate and extension for each truck, and unit of equipment or machinery engaged; (4) Detailed statement of quantities of materials used and itemized costs and extension; and (5) Freight and transportation charges on materials. (d) | On completion of the force account work, the contractor shall file a detailed claim for all work done, including necessary supporting receipts and documents not previously furnished the engineer, and this shall be subjéct to review and approval of the Commissioner before payment. Such claim shall be filed not later than the 10th day of the month following that in which the work was actually performed. (Ref. V.1. Rule 242-105.-- Modified for FWHA Funded Contracts) 46. Omitted Items The Commissioner shall have the right to cancel the portions of the contract-relating to the construction of any item therein when the work is found to. be not necessary for the completion of the construction in a manner satisfactory to the Depattment. For minor items no adjustment shall be required. For major items the contractor will be allowed any costs incurred based on certified statements and receipted bills, up to the time of cancellation, in the same manner as for forced account work. (Ref. V.I. Rule.242-106.) 47. Acceptance and Final Payment When the final inspection has been made by the engineer appointed for that purpose and the final liquidation has been recommended to the Commissioner, as provided in this title, and the final liquidation has been examined and approved by the Commissioner as required by the laws of the Virgin Islands, the contract shall be deemed completed and the. work accepted and final payment shall be made tothe contractor. Final payment will not be made until the contractor shall fite with the Commissioner the consent of the surety to payment of the final estimate.and satisfactory evidence by affidavit ar as otherwise required by the Department that all his. indebtedness by reason of the contract has been fully paid or satisfactorily secured.. Payment of wages to laborers and employees of the contractor for their work shall have preference over the payment of other debts of the contractor, except those-established by law. The acceptance of this final payment by the coniractor shall operate as and shall be-a release to the Government from all claims or liabilities Under this contract for anything done or furnished or relating to thé work under this contract or for any ‘act or neglect of said Government or its.agents relating to or connected with the contract. (Ref. V.. Rule 242-108.) 48. Coordination of Specification F-30 309705, The contract clauses, Rules and Regulations of Virgin Islands, General Conditions, Supplemental General Conditions.,. ‘Special Contract Requirements, Plans, Supplemental Specifications, Standard Specifications and all supplemental documents affecting the work, duly issued to the Contractor; are essential parts of the contract, and.a requirement occurring in one is as binding as if occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, numerical dimensions will prevail over scaled dimensions and the parts of the contract will prevail in the following order: A. Addenda: B: Any contract clauses, including all notices to bidders forms, instruction to bidders, bid schedule notes fo bidder, and documents included inthe proposal not specifically mentioned below; C. Plans other than Standard Drawings; D. Supplemental Specifications: E. Standard Specifications; and, F. Standard Drawings. 49. Significant Changes in the Character of Work The engineer reserves the right to make in writing, at any time during thé work such changes. in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alteration shall not invalidate the. contract nor release the surety and the contractor agrees to perform the work as altered. If the alternations or changes in quantities significantly change the character of the work under the contract whether or not changed by any such different quantities or alterations, an adjustment excluding loss of anticipated profits, will be made.to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided élsewhére in the contract. The. term. "significant change" shall be construed to apply only to the following circumstances: A. When the character of the work as altered differs matetially in kind or nature from that involved or included in the original proposed construction, or. B. When a major item of work, as. defined: elsewhere in the contract, is increased in excess, of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of F-31 309705. original contract quantity, or in case. of a decrease below 75 percent, to the actual amount of work performed. 50. Differing Site Conditions During the progress of the work, if subsurface or latent physical conditions are encountered at the Site differing materially from whose indicated in contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the-other party in writing of the specific differing conditions — before they are disturbed and before the affected work is- performed. Upon written notification, the engineer will investigate the conditioris, and if he/she deter-mines that the conditions materially differ and cause an increasé or decrease in the cost or time required for the performance of any work under the contract, an adjustment excluding loss of anticipated profits, will be made.and the contract modified in writing accordingly. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted. No contract adjustment which results in a benefit fo the contractor will be allowed unless the contractor has provided the required written notice. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 51. Termination for Default A. Ifthe Contractor refuses: or fails to prosecute the work, or does not promptly replace rejected material or correct workmanship, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof,-or fails to complete said work within such time, the Government may, by written notice to the contractor, terminate his right to proceed-with the work or such part of the work as to-which there has been delay. In such event, the Government will provide written notice allowing reasonable time for contractor to cure. At this point, the sure y shall be notified. If cure is: unsuccessful, the contract shall be terminated for default and the surety shall.be called in to prosecute the remaining work to completion. Whether or not the Contractor's right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the Government resulting from his refusal or failure to complete the work within the specified time. B. _If fixed and agreed liquidated daniages are provided in the contract and if the Government so terminates the Contractor's right to proceed, the. resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work, together with any increased costs incurred by the Government in completing the work. C. If fixed and agreed liquidated damages are provided in the contract and ifthe Government does’ not so terminate the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted. F-32 309705: D. The Contractor's right to. proceed shall not be $0 terminated nor the Contractor charged with resulting damage if 1. The delay in the completion of the work arises from unforeseeable causes beyond the control and without thé fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the Government, fires, flodds, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the contractor and such subcontractors or suppliers; and 2. The Contractor, within 10 days from the beginning of any such delay (unless. the Contracting Officer grants a further period of time before the date of final payment under the coniract) notifies the Contracting Officer in writing of the causes of delay. . The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be'final and conclusive on the parties, subject only to appeal as provided in the Disputes clause of these General Provisions. E. The rights and remedies of the Government provided in this clase are in addition to any other rights and remedies provided by law or under this contract,. F. —_As used in Paragraph (D) (1) of this clause; the term "Subcontractors or Suppliers” means Subcontractors or Suppliers at any tier. G. it is hereby understood and mutually agreed, by and between the Contractor and the Government, that the date of beginning and the time for completion, as specified in the Proposal, of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract, and it is further mutually understood and agreed that the work embraced in this Contract shall be-commenced as stated in the proposal. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly-at such rate of progress as will insure full completion thereof within the time stated in the Proposal. It is expressly understood and.agreed, by arid between the Contractor and the Government, that the time for completion of the work described herein is a reasonable time forthe completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. 52. Termination for Convenience A. The performance of work under this contract may be terminated. by the Government in accordance with this clause in whole, or fron time to time in part, whenever the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Coniractor of a Notice of Termination specifying the extent to which performance of work under the contract is terminated, and the date upon which ‘such termination becomes: effective. , F.33 309705, ‘B. After receipt of a Notice’ of Termination, and except as otherwise directed by the. ‘Contracting Officer, the Contractor shall: 1. stop work under the contract on the date and to the extent specified in the Notice of Termination; 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated: . 3. terminate all orders and subcontracts.to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. assign to the Government, in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title, and interest of the-Contractor under the orders and subcontracts so terminated, in which case the Government shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders. and subcontracts; 5, settle all outstanding liabilities and ali claims arising out of such termination of orders and subcontracts, with the approval of ratification of the Contracting Officer, to the extent, he may require, which approval or ratification shall be final for all the purposes of this clause: 6. transfer title and deliver to the Government in the manner, at the times, and to the extent, if any, directed by the Contracting Officer (A) the fabricated or unfabricated parts, work. in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and (B) the completed or partially completed plans, drawings, information, and.other property which, if the contract had been completed, would have been fequired to be furnished to the Government; ‘. use his best efforts to sell, in the manner, at the times, to thé extent, and at the price or prices directed or authorized by the Commissioner of Property and Procurement, any property of the types referred ta above; provided, however, that thie proceeds. of any such transfer or disposition shall be applied in reduction of any payments to be made by the Government to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid fn such other manner as the Commissioner of Property and Procurement may direct: 8. complete performance of slich part of the -work as shall not have been terminated by the Notice of Termination; and 9. take such action as may be necessary, or as the Commissioner of Property and Procurement may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor ahd in which the Government has or may acquire an interest. F-34 309705. C. After receipt of a Notice of Termination, the Contractor shall submit to the. Commissioner his termination claim, in the form and with certification prescribed by the . Commissioner. Such elaitn shall be submitted promptly but in no event later than 60 Days from the effective date of termination, untess one or more extensions in writing are granted by the Commissioner, upon request of the Contractor made in writing within such one year period or authorized extension thereof. Upon failure of the Contractor to.submit his termination claim within the time allowed, the Commissioner may determine, on the basis. of information available to him,. the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contracter the amount so determined. ) D. Subject to the provisions of paragraph (C), the Contractor and the Commissioner may agree upon the. whole or any part-of the amount or amounts to be paid to the Contractor by reason of the.total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed. amount or amounts, exclusive of settlement costs, shall nat exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract.shall he amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in-paragraph (E) of this clause, prescribing the amaunt to be paid to the Contractor in the-event of failure of the Contractor and the Commissioner to agree Lipon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be-agreed upon to be paid to the Contractor pursuant to this paragraph (D). E, In the event of the failure of the Contractor and the Commissioner to agree as provided in paragraph (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this clause, the Commissioner shall pay to the Contractor the. amounts determined by him as follows, but without duplication of any amounts agreed upon in accordance with paragraph (D): . 1. for completed supplies, materials and equipment or services accepted by the Government (or sold or acquired as provided in paragraph (B) (7):above, and not theretofore paid fot, a sum equivalent to the aggregate price for such supplies or services computed in accordance with the price or prices specified in the. contract, appropriately adjusted for any saving of freight or other charges: ) 2, the total of: a. the cost incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to Supplies or services paid or to be paid for under paragraph (E) (1) hereof: b. the cost of séttling.and paying claims arising out of the termination or work under subcontracts or orders, as provided in paragraph (B) (5) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services furnished by subcontractors or vendors prior to the effective date of the Notice of Termination, which amounts shall be included in the costs payable under (A) above; and £35 309705, C. a sum, .as‘profit on (A) above, determined by the Contracting Officer to. be fair and reasonable; provided, however, :that if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed under this subdivision (c) and an appropriate adjustment shall. be made reducing the amount of the settlement to reflect the indicated rate of loss; and 3. the reasonable costs of settlement, including accounting, legal, clerical and other expenses reasonably necessary for the preparation of settlement claims and supporting data with respect to the terminated portion of the contract and for the termination and:settlement of subcontract thereunder, together with reasonable storage, transportation.and other costs incurred in connection with the protection or disposition of property allocable to this contract. 53. Disputes A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Commissioner, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Commissioner shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes. to the Commissioner a written appeal with a copy notifying the Contracting Officer. The Commissioner and the Contracting Officer shall review and decide on such appeals. The determination-of such appeals shall be final and conclusive. This provision shail not be pleaded in any suit involving a question of fact arising under this. contract as limiting judicial review of any such. decision to cases where fraud by such official or his representative or board is alleged: Provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Contractor shail be afforded an-opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Government's decision. B. This Disputes clause doés not preclude consideration of questions of law in connection with decisions provided for in. paragraph (A) above. Nothing in this contract, however, ‘shall be construed.as making final the decision of any administrative official, representative, or board on a question of law. 54, Payments to Contractor A. The Government will pay the Contractor price as hereinafter provided. B: The Government will make progress payments. monthly as the work proceeds, of at moré frequent intervals as determined by the Goniracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the total contract price showing the-amount included therein for each.principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the Contracting Officer, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the sité may also be taken into consideration F-36 309705, (1) if such consideration is specifically authorized by the contract, and (2) if the Cantractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. C. In making such progress payments, there shall be retained 10 percent of the estimated amount until final completion-and acceptance of the contract work. However, if the Contracting Officer, at any time after 50 percent of the work has been completed, finds that Satisfactory progress is. being made, he may authorize. any of the remaining progress payments to be made in full. Also, whenever the work ts Substantially complete, the Contracting Officer, if he considers the amount retained to be in excess of the amount adequate for the protection of the Government, at his discretion, any release to the contractor all or a portion of such excess amount. Furthermore, on compietion and acceptance.of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment. may be made therefore without retention of a percentage. D. All material and work covered by progréss payments made shall thereupon become the sole. property of the Government, but-this provision shail not be construed as relieving the Contractor from the sole responsibility for all material and work Upon which payments have been made.or the-resteration of any damaged work, or as_waiving the right of the Government to acquire the fulfillment of all of the terms of the contract, The contractor shall submit to the Engineer such schedule of quantities and cosis, progress schedules, payrolls, reports, estimates, récords, drawings and other data as may be requested concerning work performed under this contract: E, Upon completion and acceptance of all work, ‘the amount due the Contractor under this contract shall be paid upon the presentation of a properly executed voucher and after the Contractor shail have furnished the Government with a release, if required, ofall claims against the Government arising by virtue of this contract, other than claims in stated amounts-as may be specifically excepted by the Contractor from the operation of the release. If the Contractor's claim fo amounts payable under the contract has been assigned under the Assignment of-Claims Act of 1840, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be required of the assignee. 55. Assignment of Claims A. If this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the Contractor from the Government under this contract may be assigned to a bank, irust company, or other financing institution, including any Federal lending agency and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shail cover all amounts payable under this contract and not already paid, and shall not be made.ta more than one party, except that any such assignment or reassignment may be made to one:party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to an assignee of any moneys due or to become. due under this contract shalt not, to the extent provided in said Act, as amended, be subject to reduction or setoff. F-37 309705, 56. Material and Workmanship A, Unléss otherwise specifically provided in this contract, all equipment, material, and articles incorporated in the work covered by this contract are to be néw and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this contract, reference to any equipment, material, article, or patented process, by trade name, maké, or catalog number, shail. be regarded as establishing a standard of quality and shall not be construed as limiting competition, and the Contractor may, at his. option, use any equipment, material, article, or process which, in the judgment of the Contracting Officer is equal to that named. The Contractor shall furnish to the Contracting Officer for his approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, Capacity, nature, and rating of the machinery and mechanical'and other equipment, which the Contractor contemplates incorporating. in the work. When required by this contract or when called for by the Contracting Officer, the Contractor shail furnish the Contracting Officer for approval all information concerning the material or articles, which he contemplates incorporating. in the work. When so directed, samples shall be submitted for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equiprnent, material, and articles installed or used without required approval shail be at the risk of subsequent rejection. All directions, specifications, and recommendations by manufacturers for installation, handling, storing, adjustment, and operation of their equipment shall be complied with: responsibility for proper performance shall continue to rest with Contractor. Except as otherwise. provided for by the provisions of any ‘applicable laws, the Contractor shall not have any right of appeal from the decision of Engineer condemning any materials submitted if the Contractor fails to obtain the approval for substitution under this clause. Any additional cost.incurred by an approved substitution shall be at thie Contractor's expense. For use of material other than one specified, the Contractor shall assume the cost of, and responsibility for, satisfactorily accomplishing all changes (including engineering costs of redesign by the Engineer), in this work as shown. If no manufacturer is named, the Contractor shall submit the product he intends to use for approval of the Engineer. B. All work under this contract shail be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to remove from the: work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable, C. It is understood that except as otherwise specifically stated in the Contract: Documents, the Contractor shail provide and pay forall materials, labor, tools,. équipment, water, light, power, transportation, superintendence, temporary construction of every nature, and all-other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the time stated in the proposal. Any work necessary to be performed after regular working hours, on Sundays, or Legal Holidays, shall be performed without additional expense to the Owner, D. No materials or supplies for the work shall be purchased by the Contractor.or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has F-38 309705, good title to all materials and.supplies used by him in the work, free from all liens, claims or encumbrances. 57. Layout of Work Contractor shall lay out its work from the Government established baselines and benchmarks indicated on the drawings, and. shall be responsible for all measurements in connection with the layout: Contractor shall furnish, at its own expense, all stakes, templates, platiorms, equipment, tools, materials, and labor required to lay out any part of the work. Contractor shall be responsible for executing the work to the lines.and grades that may be established or indicated by the Contracting Officer. Contractor shall also be responsible for maintaining and preserving. all stakes and other marks established t y the Contracting Officer until authorized to rémove them. [f such marks are destroyed by Contractor or through its negligence before their removal is authorized, the Contracting Officer may téplace them and deduct the expense of the replacement from any amounts due or to become due to Contractor. 58. Operations and Storage Area A. Contractor shall. confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by Contractor's. performance, B: Temporary structures (e.g., storage sheds, shops, offices) and utilities may-be erected by Contractor only.with the approval of the Contracting Officer and shall be built with labor and materials furnished by Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of Contractor and shall be removed by Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed. C. Contract shall, under regulations prescribed by the Contracting Officer, use only established roadways, or Use temporary roadways constructed by Contractor, when and.as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond thé loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulations. When itis necessary to cross curbs or sidewalks; Contractor shall protect them from damage. Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. 59. Cleanup Contractor shali at.all times comply-with all applicable fire safety codes and ‘shalt keep the work area, including storage areas, free from accumulations of waste materials. Before. completing the work, Contractor shall remove from the work and premises any rubbish, tools, scaffolding, — equipment, and materials that are not the: property of the Government. Upon completing the work,. Contractor shall leave the work area ina clean, neat, and orderly condition satisfactory to the Contracting Officer. F-39 309705, 60. Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improveriient A. Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not. to be removed and — which do not unreasonably interfere with the work required under this contract. Gontractor-shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that. will remain in place. if any limbs or branches of trees are broken during Contract performance, or by the careless operation of equipment, or by workmen, Contractor shall trim those limbs or branches with a clean cut and paint the tree.with a tree pruning compound as directed by the Contracting Officer, B. Contractor shail protect from damage all existing improvements and utilities (1) ator near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or. should be known by Contractor. Contractor shall repair any damage to. those: facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this Contract or failure to exercise reasonable care in performing the work, If Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to Contractor. 61. Inspection and Acceptance A, Except as otherwise provided in. this contract, inspection and test by the Government of material and workmanship required by this. contract shall be: made at reasonable times and at the site of the work, unless the Contracting Officer determines-that such inspection or fest of material which is to be incorporated in the work shail be made at the place.of production, manufacture,-or shipment of such material. To the extent specified by the Contracting Officer at the time of determining to make off-site inspection or test, such inspection-or test shall be conclusive as to. whether the material involved conforms to the contract requirements, Such off-site inspection or test shall not relieve the Contractor of responsibility for damage to or loss of the material prior id acceptance, nor in any way affect the continuing rights of the Government after acceptance of the completed work under the terms:of paragraph (f) of this clause, éexcept:as hereinabove provided. B. The Contractor shail, without charge, replace any material or correct any workmanship found by the Government not to conform to the contract requirements, unless in the public interest the Government consents to accept such matetial or workmanship with an appropriate adjustment in contract price. The Contractor shail promptly segregate and remove rejected material from the premises. C. The Contractor shall furnish promptty, without additional charge, all facilities, labor,. and material reasonably needed for petformirig such safe and convenient inspection and test as may be required by the Commissioner. Special, full sizé, and performance tests shall be performed as described in this contract. Dd. Should it be considered necessary of advisable by the Government at any time before acceptance of the entire work to make-an examination of work already completed, by removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work.is found to be defective or nonconforming in any F-40 309705, material respect, due to the fault of the Contractor or his subcontractors, he shall defray all the expenses of such examination-and of satisfactory reconstruction. E. The inspection of the work shall not relieve the Contractor of any of his obligations to fuifill his Contract.as herein prescribed, and defective work shall be made.good, and unsuitable materials may be rejected, notwithstanding that such work.and materials have been previously overlooked by the. Engineer and accepted or estimated for payment or paid for. If the work or any part thereof shall be found defective at any time before the final acceptance of the whicle work, the contractor shall forthwith make good such defect in a manner satisfactory to the Engineer, and if any material brought upon the ground for use in the work, or selected for the same, shall be condemned by the Engineer as unsuitable, the Contractor shall forthwith remove such maierials from the vicinity of the work and shall provide material of satisfactory quality. . Unless otherwise provided in this Contract, acceptance by the Government shall be made as promptly as practicable after completion and inspection of all work required by this contract. Upon the completion of all work whatsoever required, the Engineer shall file a written certificate as to the entire amount of work performed and compensation earned by the Contractor including Extra’ Work and:compensation therefore, and including the date of completion. 62. Superintendence by Contractor The Contractor’shall give his personal superintendence to the work or-have a competent foreman or superintendent, satisfactory to the Contracting Officer, on the work at:all times.during progress, with authority to act for him. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be. continued in that capacity for the particular project involved unless he ceases to. be on the Contractor's payroll. 63. Permits and Responsibilities The Contractor shail, without additional expense. to the Government, be responsible for obtaining any necessary licenses and permits, arid for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work, He shall be similarly responsible for all damages to persons or property that occur as. a result of his fault or negligenice.. He shall take proper safety and health precautions. to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and. acceptance of the entire construction work, except for any completed unit of construction thereof, which therefore may have been accepted, 64. Conditions Affecting the Work The Contractor shail be responsible for having taken steps. reasonably necessary to ascertain the nature and location of the work, and the general and local conditioris, which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for successfully performing the work without additional expense to the Government, The Government assumes no responsibility for any understanding or representations concerning conditions made F-41 309705. by any of its officers or agents prior to the execution of this contract, unless such understanding or representations by the Government are expressly stated in the contract. 65. Health and Safety In performing this contract, Contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoiding work interruptions. Coritractor shall be responsible for its subcontractors' compliance with this clause. 66. Other Contracts The Government may undertake or award other contracts for additional work, and the Contractor Shall fully cooperate with such other contractors and Government employees and carefully fit his own work to such additional work as may be directed by the Contracting Officer. The contractor shall not commit or permit any act, which will interfere with the performance of work by any other. contractor or by Government employees. 67. Patent lndemnity A. Contractor shall report to the Contracting Officer, promptly and in reasonable written: detail, each notice or claim of patent or copyright infringement based on the performance of the contract of which the Contractor has knowledge. B. In the event of any claim or suit against the Government on account of any.alleged patent or copyright infringement arising out of performance of the contract or out'of the use of any supplies furnished or work.or services performed under the-contract, Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in possession ofthe Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Government except where: Contractor has agreed.to indemnify the Government. : _C. — Contractor agrees to include, and require inclusion of this clause in.all subcontracts at any tier for supplies or services (including construction, architect, and engineer subcontracts and those for material, supplies, models, samples, or design or testing services) expected to exceed $25,000. D. Exceptas otherwise. provided, the Contractor-agrees to indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for — infringement upon any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to’a Secrecy Order under 35 U.S.C. 181) arising out of the performance of this contract or out of the use or disposal by or for the account of the Government of supplies furnished or construction work performed under the contract. 68. Additional Bond Security If any surety upon any bend furnished in connection with this contract becomes unacceptable to the Government, or if any such surety fails to furnish reports as to his financial condition annually F-42 309705, or as. requested by the Government, the Contractor shail promptly furnish such additional:security as may be required from time to. time to protect the interest of the Government and ef persons supplying labor or materials in the prosecution of the work contemplated by this contract. 69, Covenant Against Contingent Fees The Contractor warrarits that no person or selling agency has been employed or retained to solicit or secure this.contract upon an agreement or understanding for a commission, percentage, : brokerage, or contingent fee, exceptirig bona fide employees or bona fide established commercial of selling agencies maintained by the Contractor for the purpose of securing business. For breach or Violation of this. warranty the. Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. . 70. Utilization of Small and Disadvantaged Business Concerns A. ltis the policy of the Government.as declared by the Legislature that-a fair proportion of the purchases and contracts for supplies and services for the Government be placed with small business concerns. B. The Contractor agrees to accomplish the maximum amount of subcontracting to-small business concerns that the Contractor finds to be consistent with the efficient performance of this contract. C. The Contractor agrées to meet the established Disadvantaged Business Enterprise (DBE) contract goal or exert good faith efforts.to meet the goal. When the DBE goal is zero percent (0%), the Contractor must' still submit a subcontracting plan identifying all subcontractors including DBEs, which the Contractor intends to use on the project, The Contractor will comply with the DBE Special Provision that-are-incorporated by reference and made part of the contract. For projects with no established. DBE goal requirement, itis encouraged, whenever possible, to maximize every sub-contracting opportunity for Disadvantaged Enterprise. 71. Suspension of Performance by the Engineer lf the performance of all or any portion of the work is suspended or delayed by the engineer in writing for more than 30 days (not originally anticipated, customary, or inherent to construction industry) and the contractor believes that additional compensation and/or contract time is dué as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within seven (7) calendar days. of receipt of the notice.to resume work, The request shall set forth the reasons and support for such adjustments. Upon receipt, the Engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and was caused by conditions beyond the control of and not the fault of the Contractor its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (exciuding profit) and modify the.contract in writing accordingly. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warranted. F.43 309705, No contract adjustrnent will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No contract adjustment will be under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this contract: 72. Subcontractors and Suppliers No portion of the work shail be subcontracted without prior written consent of the Government of the Virgin Islands. In the event that the. contractor desires to subcontract some part of the work specified herein, the contractor shall furnish the Government of the. Virgin Islands the names, qualifications and experience of their proposed subcontractors. The coniractor shall, however, remain fully liable and responsible for the work to be done by his subcontractor(s) and shall assure compliance with ail requirements of the contract. . A list.of names: of the subcontractors or other persons or organizations (including those who-are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the work is to be submitted to the Government of the Virgin Islands within ten (10) days of notification of selection for the award of contract. The contractor will be responsible to the Government of the Virgin islands for all aspects of the work and may not subcontract under any circumstances more than forty-nine percent (49%) thereof. 73. Warranty of Construction guarantees on all electrical and/or mechanical equipment furnished under this contract consistent with those provided as customary trade practice. A. The contractor shall provide the Government any and ail manufacturer's wartanties or B. In addition to the above, the contractor shall warranty the satisfactory in service performance of any mechanical or electrical equipment and related components furnished under this contract for a period of six (6) months: following project acceptance. 74, Required Provisions Deemed Inserted Each and every provisions of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were: included herein and, if through mistake or otherwise, any such provisions is not inserted, or if not correctly inserted, then upon the application of either party, the: Contract shall forthwith be physically amended to make such insertion. 75. Highway Building Standards All work shail be done in compliance with the current AASHTO (American Association of State Highway Transportation Officials) Standards, FP-14, Standard Specifications for Construction of F-44. 309705, Roads and Bridges on Federal Highway Projects and the Department of Public Works’ "Utility Accommodation Policy and Manual.” 76. Welfare to Work Program (Applicable to Contracts with a Value in Excess of $500,000) The Contractor shall, to the extent required by Title 31, Section 236(h) of the V1. Code, employ during performance of work on the project, at ledst two individuals from the VI. Welfare to Work Program, administered by the V.I. Labor and Human Services Departmenis.. F-43. 309705: FHWA-1273'—- Revised. May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION. CONTRACTS i. General ll. Nondiscrimination. Il, Nansegregated Facilities. IV. Davis-Bacon and Related Act Provisions: V. Contract Work Hours and Safety Staridards Act Provisians | VL. Subletting or Assigning-the Contract MIL. Safety: Accident Prevention Vill, False Statements Conceming Highway Projects IX. Implementation of Clean Air Act.and Federal Water _ _- Pallution Control Act X Compliance with Governmentwidé Suspension and Debarment Requirements _ Xl. Ceftification Regarding Use of Contract Funds for. Lobbying. ATTACHMENTS A. Employment and Materials Prefe‘ence for Appalachian Development Highway System.or Appatachlan Local Access Read Contracts (included in Appalachian contracts only) GENERAL 1.Form FHWaA-1273 must be. physically incorporated in each “construction contract funded ‘under Title.23 (excluding emergency contracts solely intended for debris. removal). The contractor (or subcontractor} must Insert,this form in each subcontract and. further require. its'incfusian in ali lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are- ‘incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The. pfime-cantractor shail be responsible for compliance by ahy ‘subcontractor, lower-tier subcontractor or service provider, Form FHWA-1273 must be included in all Federal-did-design- build contracts, in all subcontracts and-in lower tier - .Subcontracts (excluding subcontracts for design services, _ purchase orders, rental agreements.and other agreerents for supplies. or services}. The-design-builder shall be responsible. for compliance by any subcontractor, lower-tier subcontractor of service provider. ‘Contracting agencies may refereiice Form FHWA-1273 in bid ‘proposal or request for proposal documents, however, the. Form FHWA-1273 must be physically ‘Incorporated (not referenced) in all-contracts, subcontracts and fower-tier Subcontracts (excluding purchase. orders, rental agreements and other agréements for supplies or services related toa construction contract). 2.. Subject to the applicability criteria noted in the: following sections, these contract provisions shall apply to all work: performed on the contract by the cantfactor’s own organization and with the assistance of workers urider the contractor's. immediate superintendence.and to all work performed onthe contract by piecework, station work, or-by subcontract. 3.4 breach of any of the stipulations contained in these Required Contract Provisions may be sufficient‘grounds for withholding of.pragress payments, withholding of final payment, termination of the contract, suspension / debarment of any other-Action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, ihe.coftractor shall notuse convict fabor for any purpése within the lim#s ofa construction projector a Feéederal-aid highway unless itis labor. performed by convicts who are on parole, supervised release, or prabation. The term Federal-ald: ‘highway does not include roadways functionally classified as locat roads: or rural minor collectors. Il. NONDISCRIMINATION The provisions .of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subconitracts.of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable‘to material supply; engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Execulive Order 11246, 41 CFR.60, 29 CFR .1625+1 627, Title 23 USC Section: 140; the | Rehabilitation Act of 1973, as amended (29. USC .794), Title Vi of the Civil Rights Act of 1964, as amended, and related regulations. including 49 CFR Parts 21, 26 arid 27; and 23-CER’ Parts 200, 230, and 633. The contractor-and al! subcontractors must comply with: the: requirements of the Equal Opportunity Clause in 41 CER 60- 1.4(b)and, for ali construction contracts exceeding $1 0.000, thé Standard Federal Equal Employment Opportunity Conséruction Contract Specifications in 41 CFR 604.3, Note: The-U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labar including 41 CFR. 60; and 39 CFR 1625-1627. The contracting agency and the FHWA have ‘the authority and the.responsibility to. ensure compliance with’ Title 23 USC Section 140, the. Rehabilitation Act of 1973; as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and.related requiations- including 49. CFR Parts 21; 26 and 27: and-23 CFR Parts:200, 230, and 633, The following provision'is adopted from 23-CFR 230, Appendix A; with appropriate revisions ‘to.conform tothe U.S. ; Department of Labor (US DOL) and FHWA requirements. 1, Equat Employment Opportanity: Equal employment ‘opportunity (EEO} requirements not to discriminate and to:take’ affirmative action'to assure equat opportunity 4s set forth under laws, executive orders, rules, regulations {28-CFR 35, 29 CFR 1630,.29. CFR 1625-1827,-41 CFR 60.and 49.CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the FEO and specific affirmative action standards for the contractor's project.activities’ under this contract. The: provisions of the Americans with Disabilities Act of 1990 (42 LLS.C. 12104 et seq.) set forth under 28 CFR 35'and 29 CFR 1630 are Incorporated by reference In. this contract. Inthe execution of this contract, the contractor ‘agrees to comply with the following minimum specific requirement activities of EEO; a. Thé contractor will work with the contracting agengy and ‘the. Federal Government to ensure that if has made every good faith-effart'to- provide equal opportunity with.respect to all ‘of its tezms and. conditions of employment and in‘ their review’ of activities under the contract. b. The contractor will. accept asils operating policy the following statement: “itis the policy of this Company to assure that applicants are employéd, and that eniployees.are treated during employment, without regard to thelrrace, religion, ‘sex, color, national origin, age.or disability. Such-action shall include: employment, Upgrading, demotion, or transfer, recruitment or recruiiment advertising: layoff or termination: rates of pay or ather forms ef compensation; and selection for training, including apprenticeship, pre-apprenticeship, arnd/oron-the- job training.” 2, EEO Officer: The contractor wil designate and make known ta the contracting. officers. an EEO Officer who will have the responsibility for and. must be capable of effectively administering and promoting an active.FEO program and wha must be assigned adequate authority and responsibility to do 50, 3.Dissemination of Policy: All members of the contractor's staff. who are authorized to hire, supervise, promote, and _ discharge employees, or whio recommend such.action, or wha are substantially involved in such action, will be made filly ‘cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to prévide FEO in-each grade. and classification of- ‘employment, To-ensure that the above -agreemient will be mat, the following actions will be taken as a minimum: a, Periodic meetings of supervisory and personnel officé employees will be conducted’ before. the start of work and then not less often than cice every six months, at which time the contractor's EEG policy and its implementation.will be feviewed and explained. The.meetings will be conducted by the EEO. Officer. b, All new supervisory or personnel office employees will be’ given a. thorough indoctrination’ by the EEO Officer, coveririg “all major aspects of the contractor’s-EEO ‘obligations within thirty: days Tollowing their reporting for duty with the contractor, c. All personnel who are engaged in direct recruitment for the project will be instructed by the.EEO Officer in-the contractor's procedures for locating and hiring minorities and women, d. Notices and: ‘posiers setting forth the contractor's EEO policy will be placed ‘in:areas readily accessible ta employees, applicants far employment and: potential. employees. €.. The contractor's EEO policy and the procedures to ‘implement-such polley will bé brought to the attention of employees by means of riéetings, employee handbooks, or other appropriate means, 4, Recruitment: When-advertising for employees, the contractor will include in alt advertisements for employees the notation; “An Equal Gppertunity Employer." All such advertisements wiil be placed in publications. having @ large. circulation among mincritigs and women in the area from -which the project work. force would normally be derived. a; The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through’ public and ‘private: employee referral sources likely to yield qualified minorities.and women. To meat this requirement, the contractor will identify sources of potential minority group employees, and establish with. such identified sources: ‘procedures whereby minority and women applicants may be referred to the contractor far employment consideration. 6. In the event the contractor has.a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the ‘Srovisions of that “agreement to the extent that the system meéis the contractor's compliance with EEO contract provisions. Where implementation of such an agreerient has the effect.of discriminating against minorities ‘or women, or obligates the contractor to do the samé,.such implementation vioiates Federal nondiscrimination provisions: ¢, The contractor will encourage its present employees to tefer minorities and women as applicants far- emptoyment, Information.and procedures with regard to referring sich applicarits wil be discussed with employees: 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered; and personnel actions of évary type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination,.shall be taken without regard to race; color, religion,-sex, national origin, age or disability. The. ‘following procedures shall be followed: a. The.contractor will conduct periodic inspections of project sites to insure that working conditions.and employee facitifies do not indicate ‘discriminatory treatment of project site persannel. b. The contractor will periodically evaluate the spread of wages paid within each classification to detetmine. any evidence’of discritiinatory wage practices, c. The contractor will periodically review selected personnel actions in depth to-determine whether there is evidende of discrimination.. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the ‘discriminatiori may extend beyond-the.actions reviewed, such corréctive action shallinciude all affected pefsons.. d: The. contractor will promptly investigate. all complaints of alleged discrimination.made to the- contractor in connection ‘with its.obligations under this contract, will attempt to resolve such complaints, and will take: appropriate corrective action within a reasonable time, If the investigation indicates that the discrimination may affect persons other-than the complainant, ‘such cairective action-shalf include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractar will assist in locating, qualifying, and increasing the skills of minorities and women who are ‘applicants for employment or. current employees. Such efforts Shauld be aimed at developing full journey. level status’ employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requiremenis and as permissible-under Federal and State. regulations, the: contractor shall make full use of training. programs, i.e., apprenticeship, and on-the- “job training programs for the geographical area of contract. performance. .{n the event.a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the speciaf provisién, The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). 6. The Contractor will 'advigé employees and applicants for: employment of available training programs and entranée requirements foreach. — d. The contractor will periodically. review the ‘training and promotion potential ‘of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Untons: lfthe contractor reliés in whole or in part upon unions. as source of employdes, the-contractor wilt use good faith efforts to obtain the cooperation of such unions ta increase opportunities for minorities and women. Actions-by fhe contractor, either directly or through a-contractor's association acting as agent, will include the procedures set forth below: _a. The contractor will use good faith efforts ta develop, i in cooperation with the unions, joint-training programs aimed ‘toward qualifying fore minorities.and women for membership in the unions and increasing the skills. of minorities and women “80 that they may qualify for higher paying. emptoymeni. b. The contractor will use good faith efforts to Incorporate an EEO clause into.each union agreement to the end that such ‘union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to .abtain information as to the réferral practices and policies. of ihe fabor union except that tothe extent such information is within the exclusive possession of: the fabor union and.such labor union refuses to furnish such information to thé contractor, the contfactar shall so certify-to- the contracting agency and shall set forth what efforts have been made to obtain such information. -d. In the event the unicn is unable to provide the contractor with-a reasonable flow of referrals wilhin the. time jimit set forth in the collective bargaining agreement, the contractor will, through iridependént recruitmerit efforts, fill the employment vacancles without regard:-to race, color, religion, sex, national origin, age or disability; making full efforts to obtain. qualified -and/or qualifiable minorities and watten.. The-fallure ofa union ‘to provide sufficient referrals (even though it is obligated to. provide exclusive referrals under the terms. of.a.collective bargaining agreement) does not relieve. the contractor from the Yequiréments of this paragraph. in the event the union referral praciice prevents the contractor from: ‘meeting the obligations ‘pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify.the contracting agency, 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and ‘comply-with the Americaris with ‘Disabilities Act and all-rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so- would cause an. undue hardship... 9, Selection of Subcontractors, Procurerent of Materials. ‘and Leasing of Equipment: The contractor shall not discriminate on the grounds. of race,-color, religion, sex, national origin, agé ‘or ‘disabllity in the selection anc retention ‘of. subcontractors; including procurement of maierials and leases of ‘equipment, The contractor shall take all necessary ‘and yéasonable steps to ensure nondiscrimination in the ‘administration of this contract. a. The contractor shall notify: all potential Subcontractors. and: Stippliers and lessors. of their EEO obligations. urider this contract. b. The contractor will use. good-faith ‘efforts to ensure ‘subcontractor compliance with their EEO obligations, 10, Assurance Required by 49 CFR 26,13(b]: a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT-approved DBE piograin are incorporated by reference, b. The contractor or subcontractor. shall not discriminafa on {he basis of race, color, natianal origin, or sex.in.the performance of this contract, The-contractor shall carry out! applicable requirements of 49 CFR Part 26 inthe award and administration of DOT-assisted contracts; Failure by-the contractor to-carry out these. requirements is-a material breach of this contract, which may resultin the termination of this contract of such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such récards as, riecessary to décument.compliance with the EEO requirements. Such récords shal! be retained for a period of three years following the date of the final payment to the contractor. for all contract work arid’shall bé available’at reasonable times .and-places for inspection by-authorized representatives of the contracting:agency and the FHWA. a.The records. kept by the contractor shall document the following: (1) The number and work hours of minority and non- minority group members and women employed i in each-wark - classification onthe project: (2} The progress and efforts being made in cooperation: with unions, when applicable, fo increase employment opportunities ‘for minorities and women: and (3) The‘ progréss ahd efforts. being made in locating, hiring, training. qualifying, and: upgrading minarities and women; b. The coftractors and subcontractors. will submit an annual fepor to the contracting agency each July for:the duration.of the project, indicating the number of minority, women, and non-mingrity group. employees currently engaged in each work classification required by the. contract work. This information is ta be raported-on Form FHWA-1394. The staffing data. should Tepresent the project work force on board In all or any part.of the last payroll period preceding the end of duly. If on-the-job training is being requiréd by special provision, the contractor will be required to collect and report training data. The employment data shautd réflectthe work farce on board during all or any:part of the last payroll periad preceding. the-end.of duly. ‘HI. NONSEGREGATED FAGILITIES This provision is appficable to all Federal-aid construction, contracts and to all related constriction subcantracts. of $10,000 of more. The contractor must ensure that facilities provided for employees are provided. in such a manner that segregation ofi the basis of raca, color, religioh, Sex, or national origin cannot result. The contractor may neither require SUch segregated usé by written or oral policies nor tolerate such use by employee custom, The contractor's obligation. extends further to ensure. that-ts employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The.term "facilities" inclides waiting rooms, work areas, restaurants and other eating areas, time. clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment.areas,. transportation, and housing provided for empioyees. The contractor shail provide ‘separate of single-user restrooms and necessary dressing-or'sléeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This séction-is applicable to all Federal-aid construction projects exceeding $2,000 and to all. related subcontracts and lower-tier subcontracts (regardless of subcontract size}, . The requirements apply to ail projects located within the right-of way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as focal roads or rural minor collectors, which ate exempt. Contracting agencies may elect:td apply these requirements to other projects. | “The faltawing provisions are. from the U.S. Department of Labor regulations in.29 CFR.5.5 “Contract provisions and related matters” with minor-revisioris to confarm te the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a, Alliaborers and mechanics employed or working upon ‘the site of the work,-wil! be paid unconditionally and notless often than once a.week, and without subsequent'deduction or rebate on-any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29.CER part 3}}, the full.amount of wages and bana fide fringe benefits (or cash equivatents. théreof} due at time of payment computed at rates nat less than those ‘contained In the wage determination of the Secretary of Labor which is attached hereto and made.a part hereof, regardless of ariy contractual relationship which may: be alleged-to exist between the. contractor and such laborers and mechanics. 7 : Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 4(b){2) of the Davis-Bacon ‘Act on behalf of laborers or- mechanics are considered wages: paid-te-such: laborers or mechanles, subject'to the provisions of paragraph 1.4.-of this section:.also, regular contributions made of costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, aré deemed to be. constructively made or incurred during such weekly period, Such laborers and mechanics shall be paid the appropriate - wage rate and fringe benefits on the wagé:determination for the classification of work actually peifermed, without regard to. Skill, except as provided in 29 CFR 5.5(a}(4). Laborers or. mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That ihe employers payroll records accurately set forth the time spent in each classification in-which work is performed. The wage determination (including any additional classification and wage fates conformed under paragraph 1.b. of this: section) and the Davis-Bacon poster (WH—1321) shall be. posted at all times-by the contractor'and its-subcontractors at the site of the work-in.a-prominent-and accessible Place where if can-be easily seen by the workers.. b.(1) The contracting officer shall require that any ¢lass of laborers. or mechanics, including helpers, which is not listed in: the wage determination and which is:to be-eniployed under the contract shall be classified in conformance with the wage determination, The contracting officer shall approve an additional classification and wage rate and fringe benefits ‘therefore only when the following criteria-have been met: (i) The work to be performed by the Claséification requested Is. not. performed by a classification jn the wage ‘determination; and (ii) The classification is utilized inthe area by the construction. industry; and (ii) The proposed wage rate, including any bona fide fringe benefits, bears.a reasonable relationship to. the wage rates. contained in the wage determination. (2) Ifthe contractor andthe laborers and machaniés to be employed In the classification {if-known), ar their fepresentaiives, ard the contracting officer agree.on the: classification and wage.rate (including-the amount designated Yor fringe beriefits where appropriate), a report of the action taken shall be sent By the ‘contracting officer to ihe. Adminisirater of the Wage.and Hour Division, Employment Standards Administration, U.S, Department of. Labor, . Washington, DC 20210. The Administrator, ‘or an authorized ‘representative, will approve, modify, of disapprove every additional classification action within 30 days of receipt and ‘80 advise the. contracting officer or will notify-ihe contracting officer within the 30-day period that additional lime is necessary, {3) In the event the contractor, the laborers or mechanics to'be employed in the classification or their representatives, and the contracting officer do not agree on thé proposed classification and wage rate (including thé amount: designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and. Hour Administrater, or an authorized representative, willissue a determination within 30. days of receipt and-so advise the contracting Officer or will notify the contracting officer within the.30-day period that additional timeis nécegsary.. : G-4 (4) The wage rate {including fringe benefits where: appropriate) determined pursuant te paragraphs 1.b.(2) or 1.b.(3) of this section, shall-be paid to all workers performing work in the classification under this coritract fram the first day of which work is performed in the classification, ¢c. Whenever the minimum wage ‘ate. prescribed in the ‘contract for a class of laborers or mechanics includes. fringe benefit which is not expressed as an. hourly rate,-the contractor” ‘shall either pay the.benefil as stated in the:wage determination -of shall pay another bona fide fringe benefit or an: hourly cash equivalent thereof, " d.If the contractor does nat make payments to-a trustee or other. third person, the ‘contractor may consider as- part.of the wages of any laborer or mechanic the amaunt of any gosts reasonably anticipated in providing boria fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have. been met, The Secretary of Labor.may require the contractor to set asidé in a separate account assets forthe meeting of obligations under the-plan‘or program. 2. Withholding The contracting agericy shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold.or cause to be withheld.from trie.contractor ‘under this coritract, or any other Federal contract with the same prime contractor, or anyother federally-. assisted contract subject to Davis-Bacoli prevailing wage Tequirements, which is held by the same prime contractor, so much of thé-accrued payments eradvances-as may be considered necessary to pay laborers. and mechanics, Including apprentices, trainees, and helpers, employed by. the contractor or any Subcontractor the full amount of wages. required. by the contract. In‘the. event Of failure to pay any laborer or mechanic, Including any apprentice, trainee. or helper. employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency | nay, after written’ notice to the contractor, take such action as may be necessary to.cause the-suspension of any-further payment, advance, or guarantee of funds unlit such violations have. ceased. 3,.Payrolls. and basic records a, Payrolls and basic records relating thereto shall be maintained by the contractor during the.course of the work and preserved for @ period.of three years thereafter for all laborers and mechanics working al the site of the work, Such records ‘shall contain the ‘namé,-address, and social security number of ‘each such worker, his or hercorrect classification, hourly rates of wages paid.{inciuding rates of contributions or costs anticipated for bona fide. fringe benefits or cash equivalents thereof of the types desciibed in section 1(b)(2)(B) of the: Davis-Bacon Act), daily and weekly number of ours warked, deductions made and actual wages paid, Whenever the Secretary of Labor has found under.29 CFR 6.5(a){7}(iv}. that the wages of any laborer or mechanic include the amotint of any Costs reasonably anticipated in providing benefits under a plan or pregram described in section 4(b\2){B) of the.Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program js financially responsible, and that the plan er-program has.been communicated in writing to the laborers.or mechariics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and cerlification of trainee programs, the-registration of the apprentices and trainees, and the ratios and Wage rates prescribed in the applicable programs: b.(1)} The contractor, shall submit weekly foreach Weak in which any contract work is performed a copy of all’payrolls to the contracting agericy. ‘The payralis suibmitied shall set out accurately and completely all of the information required-to be raintained under.29 CFR 5.5(a)(3}ti), except that full.sacial security numbers and home addresses shall not be included on weekly transmittals. instead the payrolls shall only need ta include. an individually identifying number for each employee {- e.g, , the last four digits of the employee's social security number). The: required weekly payroil information may be submitted in-any form desired. Optional Form WH-347 is available for this_purpose from the Wage and Hour Division Web site at-hitovAvanw.dol.govwesaAvhd/forms/wh34 7instr.him crits successor site. The prime-contracter is responsible-tar the submission of copies: of payrolls by all subcontractors, Contractors and subcontractors. shall maintain the full social security umber and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and: Hour Division of the. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to requiré.a subcontractor to provide-addresses and Social security numbers-to the piime contractor for its own: records, without weekly submission to the contfacting agericy.. (2) Each payroll submitted shail he accompanied by 4 “Statement of Compliance," signed by the contractor or subgontractor. or his or her agerit who pays-or superdises.the payment of the persons.employed under.the contract and shall certify the following: (i) That the payroll forthe payroll periad contains the information required to bé provided under §5.5 {ayX{3)(li) of Regulations, 29.CFR part 5. the appropriate information is being maintained under §5.5 (a)(}{i). of Regulations; 29 CFR part 5, and that-such infetmation is correct and: complete; (il) That each laborer or mechanic {including each ; helper, apprentice, and trainee) employed ‘on the contract during the payroll périod has been paid‘the full weekly wages earned, withaut rebate, either direcily or indirectly, and that.no deductions have been madé either directly or inditectly from the full wages‘earned; otherthan permissible deductions as set forth in Regulations, 29. CFR part 3; (iti) That each laborer or mechanic has been paid not fess than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination ‘incorporated into the contract. (3) The weekly submission of 2 properly executed cértification set forth on the.reverse side of Optional Form WH-347. shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3:b.{2) of. this section, (4) The falsification of any of the-above. certifications may ‘subject the contractor or subcontractor ta civil-or criminal prosecution under séction 1001 of title 18 and section 231 of ‘titlé 31 of the United States Code. ¢. The contractor or subcontractor shall make the-records: Tequired untler paragraph 3.a. of this section available for inspection, copying, or transcription by. authorized _ representatives of the contracting agericy, the State DOT, the FHWA, orthe Department of Labor, and shall_periit such representatives to interview employees during working ‘hours on the job, If the contractor ar subcontractor fails ‘to submit the. required records or to make.them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary.to cause the suspension of any further payment, advance, of guarantee. of funds. Furthermore, fallure fo submit the required records lipon request or to make-such records. available may be grounds for debarment action pursuant to 29.CFR'5.12. 4, Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be‘permitied te work-at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in @ bona tide. apprenticeship pragram registered with the U.S. Department of Labor, Employment arid Training Admitistration, Office-of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a. Perscris employed in his or her first'90 days of probationary employment-as an apprentice in: such an apprenticeship program, who is not individually registered:in the pragram, but who has. been certified by the Office of Apprenticeship Training, Employer and Labor Services or.a State ‘Apprenticeship Agency (where appropriate) to be:eligible for : probationary employment as an apprentice, The allowable ratio of apprentices fo journeymen on the job site In any craft classification shall not:be greater. than the ratio permitted to the contractor as to the entire-work force under the-registered program, Any worker listed on a payroll at an apprentice. wage rate, who is not registered or otherwise employed as stated above, shall be. paid not less than the applicable wage rate on the wage determination.for the classification of wark actually performed. Invaddition, any ‘apprentice performing work on the job-site in excess of the ratié permitted under the registered program shall be paid not less than the applicable wage rate on the wagé determination for.the work-actually performed, Where a contractor is ; performing construction on a project in a locality otherthan ‘that in-which its program is registered, the ratios and wage rates (expressed in’ percentages of the journeyman’s-hdurly rate) specified in the contractor's or subcontiactor's:fegistered program shall be observed. Every. apprentice must.be paid at not less than the rate specified in the registered program far the apprentice's fevel of. progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination, Apprentices shall be paid fringe benefits in accordance with the provisions of tie apprenticeship program: If the apprenticeship program does not specify tringe beriefits, apprentices must be paid'the full amount of fringa benefits: listed on (he wage determination for the applicable classification, If the Administrator determines that a different Practice prevails for the applicable apprentice classification, fringes shall be paid in.accordance with that determination, In the-event the Office of Apprenticeship Training, Employer and Labor Services, ora State Apprenticeship Agency recognized by the Office, withdraws appiovat ofan apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable’ predetermined rate for the work performed until-an acceptable. prograin is, approved. b. Trainees (prograris of the USDOL), Except as provided in-29 CFR 5.16, trainees will not be permitted to work-at less than the predetermined rate for the work performed unless they are-employed pursuant.to and ‘individually registered in a program which has received prior approval, avidenced by forma! certification by the WLS. Department of Labor, Employment and Training Adininistratfon.- The. ratio of trainees to journeymen én the job site shall not be greater than permitted under the plan approved by ihe Employment and Training Administration. Every trainee must be paid at not fess than the rate specified inthe approved: program for the. trairiee's level of progress, expressed asa percentage of the joumeyman hourly rate specified in-he applicable wage-determination. Trainees shall be paid fringe benefits in accordance with the provisions of the. trainee program. If the trainee program does not mention innge' benefits, trainees shail be paid the Tul amount of fringe benefits listed on the wage determination unless the Administrator of thé Wage.and Hour Division determines that there is ah apprenticestip program assoclated.with the corresponding journeyman wage rate on the wage. determination which provides for less than full fringe benefits for apprentices, Any employee listed'oh the payroll ata trainee. rate who is not registered and participating in ‘a training plan approved by the Employment.and Training Administration shall be paid notless than the applicable wage rate on the wage determination for the classification of work actually perfarmied. ‘In addition, any trainee performing work on the job site in excess of the ratio permitted under the registéred program shal be paid-not iess than the applicable wage-rate en the wage. determination for the work actually performed, in the event the Employment and Training Administration withdraws approval of a training program, the cantractar will no ionger be pennitted to utilize trainees at less than the. applicable predetermined rate for the work- performed: until an acceptable program’ is-approved, c. Equal emplayment opportunity. The-utilization of ‘apprentices, trainees and journeymen under this part shall be in conformity.with the equal employment opportunity: requirements of Executive Order 14246, as amerided ,and.29 CER part-30.. d. Apprentices and Trainees (programs of the U.S, DOT}. G-6 Apprentices ard trainees working.under apprenticeship and skill training programs. which have:been certified by the Secretary of Transportation as. promoting’ EEO. in connection with Federal-aid highway construction programs are not. subject tothe requirements of paragraph 4 of this Section Iv. The straight time Aourly wage rates for apprentices and trainees under such.pragrams will be éstablished:by the particular progiams. The zatio of apprentices and trainees to joumeymeri shall not be greater'than perinitied by the-terms of. ihe particular program. 5. Compliance with Copsland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorperated by refererice In this contract. 6. Subcontracts, The contractor or. subcontractor shall insert Form FHWA-1273 in any.subcontracts. and algo fequire the. subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tler subcontractor with-all the conttact.clausés in 29 CFR 5.5. 7. Contract termination: debarment:A breach of the contract clauses in 29 CFR 5.5.may be grounds for termination of the. contract, and for debarment as-a contractor and a subcontractor as provided in 29 CFR 6.12. 8, Compliance with Davis-Bacon and Rolated Act requirements.All rulings and interpretations of the Davis- Bacon and Related.Acts contained in 29 CFR parts:1,.3, and 5 are herein incorporated by reference in-this. contract, $. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause’ ofthis contract, Such disputes. shal be resolved in aocordance-with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7, Disputes within-the. meaning of this. clause include. disputes between the: contractor (oF aity'of itg subcontractors) and the: contracting agency, the U:S. Départment of Labor, or the employees or their representatives. 10. Certification of-eligibillty. a, By entering Inte this contract, the contractor certifies that neither it (nor‘he of she) nor any person or finn who has an interest in the contractor's firm is a person or firm ‘ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacan Act of 29 CFR 5.12(a)(1). b, No part of this contract shall-be subcontracted to any person or firm ineligible: for award of a Government contract by virtue ‘of section 3(a) of the. Davis-Bacon Act or 29 CFR 5.12(a}(7). c. The penalty for making false statements is prescribed in the. U:S8. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses ‘apply to any Federal-aid. construction contract in ar amount in excess of $100,000 and sibject-to thie overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be.inseriéd in addition to ‘the clauses required by.29 CFR 5: ‘5(a) or 29 GFR 4,6, As used.in this paragraph, the terms laborers and mechanics include watchmen and quards. 1. Overtime requirements. No contiactor.or subcontractor. contracting for any part of the contract-work which may require or involve the employment.of laborers or mechanics shall require or permit any such laborer of mé@chanté in.any workweek in which he or she is employed on such work to work.in-excess of forly hours in such workweek unless such faborer or mechanic receives compensation.at a rate not less than one and one-half times-the basic rate of pay for afl hours worked in excess of forty hours in such workweek: 2, Violation; lability for unpaid wages; liquidated damages. In the event of any victation of. the clause set forth in paragraph (4,) of this section, the cantractor and any subcontractor responsible therefor shail be liable for the unpaid wages, In addition, such contractor and subcontracter shall be liable to-the United States fin the case of work done under contract for the District of Columbia or a terriiory, to such District of to such territory), for liquidated damages. Such liquidated damages shail be.computed with respect to each individual faborer ormechanic, including waichmen and guards, eniployed in violation of the-clause. set forth in paragraph (1.) of this section, inthe sum of $10 for each calendar day on which such individual was required or permitted to work in excess‘of the standard workweek of forty hours without payment of the. overtime wages required by-the. clause set forth in paragraph {1.) of this section. 3. Withholding for.unpaid wages and liquidated damages. The FHWA, or the contacting agefcy shall upon its own action or upon written request of an authorized’ representative of the Department of Labor withhold or cause to be withheld; from any moneys payable on account of work performed by the contractor or:subconteactor' under any Such contract or any other Fedéral'contract with the-same prime contractor, or. any other federaily-assisted contract subject ta the Contract Wark Hours and Safety Standards’ Act, which is held by the same- prime contractor, such suns as may be-determined to be necessary to-satisfy any liabilities of such contractor or-. subcontractor for unpaid wages. and liquidated damages as provided in the clause set forth In:paragraph (2.) of this section. 4, Subcontracts. The contracter or'subcentractér shall insert in any subcontracts the clauses set forth in paragraph (1.} through {4,} of this section and also a clause. requiring the subcontractors.to include thése clauses in any lower tier subconifacts. The prime contractor shail be.responsible for compliance by any subcontractor or lower tier subcontractor with the clauses-sét forth in paragraphs (4.) through (4.} of this section., VL. SUBLETTING OR ASSIGNING THE CONTRACT This. provision is applicabié to alf Federal-aid construction contracts on the National Highway System, 1. The contractor shall perform with its own organization contract work amounting te not less than 30 percent fora. greater percentage if specified elsewhere in the contract) of the toial-original contract. price, excluding any specialty items cesighated by-the contracting agency, Specialty tems may be performed by subcontract and fhe amount of any-such specialty items performed may be. deducted from the total original.contract price before computing the amount of work required ta be performed by the contractor's own organization (23 CFR.635,116)}. 4. The term "pérform work with its own organization” refers to workers ‘employed or leased by the prime contractor, and ‘equipment owned or rented by the.prine contractor, with or without operators. Such term does not include.emiployees or ‘equipment of a-subcentractor or lower tier subcontractor, agents. of the prime. contractor, ‘orany other-assignees, The term may include payments for the costs of hiring leased ‘emplayees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased ~ employees may only be included in this term ifthe. prime contractor meets ail of the following condifions: (1} the prime coritractor maintains contral over the Supervision of the day-to-day activities of the leased eimployees;- ; {2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the. prime contractor retains all power to accept or exclude individual.employees fram work.on the project; and (4) the prime contractor remains ullimately responsible for ‘the payment of predetermined minimum wages, the Submission of payrolls, statements of compliance and all ather Federal regulatory requirements, b. "Spacially.items" shall be construed to be limited to work. that requires highly speciatized knowledge, abilities, or equipment not ordinarily available-in the type of-contracting organizations qualified and expected to bid or propose. on the. contract as a whole.and in general are-to be limited to minor components of the overall contract, ” 2. The contract amount upon which the requirements set forth iv paragraph (1) af Section VI is. compited includes the cost of roaterial and.manufactured products which are to tie purchased or produced bythe contractor under-the contract. provisions. ‘3. The contractor shail fumish’(a) a competent superintendent or supervisor who is-employed by’ the firm, has:fuil authority to direct performance of the-wark in accordance with the contract Tequiraments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other ofits own organizational resources (supervision, management, and engineering services} as thé contracting officer determines is hecessary to assure the performance of the contract, 4. No portion of the cantract shail be: sublet, assigned or. otherwise disposed of except with-the written consent-of the contracting officer, or authorized. representative, and-such cansent when given:shall not_be- construed ta-relieve the: contractor of any responsibility for the fulfillment of the: contract. Written consent will be given only after the contracting agency has-assured that each subcontract is evidenced in:writing and that i contains. ail pertinent provisions and requirements ofthe prime contract. 5, The. 30% sélf-performance requirement of paragraph (1) is nof applicable to design-buifd contracts; however, contracting agencies may establish their own self:performance requirements. VIL. SAFETY: ACCIDENT PREVENTION This provision is applicable to. all Federal-aid construction contracts and to all related subcontracts. 1..in-the peffarmance of this contract the contractor shall comply with all applicabie Federal, State, and local laws. governing safety, health, and sanitation (23 CFR 635}. The contractor shall provide all safeguards, safety devices and protective equipment and take-any other needed actions as it determines, or-as‘the contracting officer may determing, to be reasonably néecessary:to protect the life and-health of employees on the job arid the safety of the.public-and to protect property in connection.with the perfarmance of the work covered by the contract, 2. itis.a condition of this contract; and shall be: made a ‘condition of each subcontract, which the contractor enters inta pursuant to this contract, that the cohtéactor and any Subcantractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous‘or dangerous to his/her health or-safely, as determined under construction safaty and ‘health standards (29 GFR 1926) promulgated by-the Secretaty ‘of Labor, in accordanse-with Section 107 of the Contract Work. Hours and Safety Standards Act (40 U.S.C, 3704), 3. Pursuant to 29.CFR4 926,3, itis a condition of this contract: thatthe Secretary of Labor or authorized representative. thereof, shall have right of entry to any site of contract performance to inspect or investigate the: matter-of compliance. with the.canstruétion safety and health Standards and to carry out the duties of the Secretary under Section 107 ofthe Contract Work Hours and Safety Standards Act, (40- U.§.0.3704), VIH. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable.to afl Federat-aid construction contracts and to all related siibcoéntracts. In order to. assure high quality and.durable.construction in conformity with approved plans and:specifications and a high degree of reliability on statements and represéhtations made by engineers, contractors, suppliers, and wotkers.an Federal- aid. highway. projects. it is essential that-all persons concerned: with the project perform théir functions as carefully, thoroughly; and honéstly'as possible. Willful falsification; distortion, or ‘Misreprésentation with respect to any facts related tothe project is a violation of Federal law. To preverit any misunderstanding regarding the seriousness -of-these-and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR-635} in one or mare Places where it is readily available to ail persons concerned with the project: , 18 U.S:C. 1020 reads. as follows: "Whoever, being.an officer, agent; or employee of the Uniled States, or of any State or Teriitory, or whdever, wheiher'a ‘person, association, firm, or corporation, knowingly makes “any false siatement; false representation, or false report as te the character, quality, quantity, or cost of the material used or to bé used, or the quantity or quality af the work perfonned orto be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs ‘of construction on any highway or related project submitted for approval ta the Secretary of Transportation; or Whoever knowingly makes any false: statement, faise répresentation, false report or false claim with-respect to the. character, quality, quantity, or cost of any work perfomed ar to be. performed, or materials fumished or to be furnished, in éonnection with the construction of-any highway or ralated ‘project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or falsé representation as ta material fact in-any statement, certificate, or report submitted pursuant to provisions of the Federal-aid -Roads Act approved July 1, 1916, (39 Stat, 355},.as amended and supplemented: ‘Shallbe fined under this title or-imprisohed not more than § years or both," IX. IMPLEMENTATION OF CLEAN AIR ACTAND FEDERAL WATER POLLUTION CONTROL ACT This provision |s applicable to all Federal-aid construction contracts and to all retated subcontracts. By submission. of this bid/proposal or the executlon of this contract, or subcontract, as-appropriate, the. bidder, proposer, Federal-aid: construction contractor, or subcontractor, as Appropfiate; will be deemed to have Stipulated as follows: 1, That any person whe 1s or will bé utilized in the performance af this contract is not prohibited from receiving ari award due ta a violation of Section 508 of the Clean Water Act or-Section 306 of the Clean Air Act. 2, That the contractor agrees to.include oF. cause to be included the requirements of paragraph (1) of this Section X in avery subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements, ‘X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is. applicable-to all Federat-aid construction sontracis, design-build contracts, subcontracts, lower-tier -Subcontracis, purchase orders, leasé agreements, consultant contracts or any other covered transaction requiring FHWA | -4pproval or that is estimated to cost $25,000 or more—as defined in 2 CFR Paris 180 and1200. 1. Instructions for Certification — First Tier Participants: a. By.signing and submitting this proposal, the:prospective first tier participant is providing the cértification set out below, ‘b. The inability of a person te provide the certification set out below will not necessarily result in denial of participation in this covered fransaction. The prospective first Yer participant shalt submit-an explanation of why it cannot provide the-certification set out below. The-certification. or explanation willbe considered in connection with the department or agency's determination whether (6 enter.into this transaction. However, failure of the prospective-first tier participant to furnish a- certification or an explanation shall disqualify such a person: from participation in this transaction. c.. The. certification In this clause-is a material representatian of fact upon which reliance was placed when the contracting agency determined ta enter into this transaction, If itis later determined that the prospective participant knowingly rendered an erroneous certification, in addition -to other remedies available to.the Federal Goverment, the.contracting agency may terminate this transaction far cause of default: d. The prospective first tier participant shall provide. immediate written notice to the contracting agency to whom ihis proposal is submitted if any time the prospective first tlar participant tearns that.its certification was erroneous when submitted. or has become erroneous by réason of ctianged circumstances. e. The terms, “covered transaction," ‘debarred," “suspended," “ineligible,” “participant,” "person," "principal," and “voluntarily excluded;” as used in this clause, are-defined ‘in.2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a ‘grantee or suogranteé of Federal funds anda participant (such as the prime. or general coritract). “Lower Tier Covered Transactions” refers. to-any covered transaction under.a First Tier Covered Transaction (such as subcontracts), “First Tier Participant” refers to the particisant who has entered jnto.a covered transaction with a- grantee or subgrantee of Federal funds (suchas the prime or general contractor). “Lower Tier Participarit’ réfers any participant who has entered into a covered transaction with a First Tier Participant.or other Lower Tier Participants (such as subcontractors and suppliers). Jf. The prospective first tier participant. agrees by submitting this proposal that, should ihe proposed covered trangaction be entered into, itshall not knowlngly enter inta ariy.tower tier covered transaction with a person who is debarred, suspended, declared ineligible, or-valuntazily excluded from participation in this covered transaction, unless. authorized by the deparmeiit or agency entering inte this transaction: g. The. prospective first tier participant further agreés by submitting this proposal that it will includa the clause ditled "Certification Regarding Debarment, Suspension, Inefigibility and Voluntary Exclusion-Lower Tier Covered Transactions,” provided by the department or contracting agency, entering into-this covered transaction, without modification, in-all lower tler covered transactions and ‘in all’solicitations-for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a-covered transaction may.rely upon a certification of a prospective parlicipant in.a lower tler covered transaction that is not debarred, suspended, inéligible, or voluntarily excluded from the covered ‘transaction, unless if knows that the certification is erroneous, A participant is responsible for ensuring that ifs principals are not’ suspended, debarred, or otherwise. insligible-to’ participate in covered ‘transactions. To verify the eligibility of its principals, as well as ‘the eligibitity of any tower tier prospective’ participants, each _parlicipant may, but is not required to, check the Excluded Parties List System website (hitos:/Awiw.euls.gov/), which is compiled by the-General Services Administration.” i. Nothing contained in the foregoing shail be construed to require. the establishivient of a'system of récords in order to render-in.good faith the certification required by this-clause, ‘The knowledge-and information of the prospective participant G-9 is not required to exceed that which fs normally possessed by. & prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (of these Instructions, ifa participant i in a covered fransaction knowingly enters into_a lower tier covered transaction witha person who is: suspended, -debarred, ineligible, of voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the depariment or agency may-terminaté this transaction for cause. or default. a 2. Certification Regarding Debarment, Suspension, Inetigibifity and Voluntary Exclusion — First Tier Participants: a. The prospective fi first tier participant certifies fo the bast of its knowledge and belief, that it and ‘its principals: (1) Are not présently debarred, suspended, proposed for debanment, declared ineligible, or voluntarily: excluded from participating in covered transactions. by any Federal department or agency: (2) Have:not within a. three-year period: ‘préceéding this proposal been convicted ofor fad 4 civil judgment rendered against them for commission of fraud or 4 criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or iecal) transaction or contract urider a public transaction; violation of Federal of State antitrust statutes or commission of embezzlement, theft; forgery, bribery, falsification or destruction of records, making false ‘statements, or receiving stalén property; (3) Are not presently indicted for or otherwise criminally or ‘civilly charged by a governmental entity (Féderal, State or focal) with.commission of any. of the offenses.enumerated i in paragraph (a)(2) ef this certification; and (4} Have not within a'three-year periad preceding this Appiication/praposal had one or more public transactions (Federal, State or local) terminated for cause or defaillt. b. Where the. prospective participant is unable to Sertify to any of the statemenis in this.certification, such prospective. participant shall attach-an explanation to this proposal, 2. Instructions for Certification - Lower Tier Participants: ‘(Applicable to-all subcontracts, purchase. orders and other. lower tiér transactions raquiting prior FHWA approval or estimated to cost $25,000 or more - 2. CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective, lower tier is providing the “certifi ication set out below. 'b. The certification in-this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If itis later determined that the prospective lower tier participant knowingly rendered an erroneous. certification, - in addition to-cther remedies available to the Federal Government, the department, or agency with which ‘this’ transaction originated may pursue available remedies, inéluding suspension and/or debarment. c. The prospective lower tier participant shall provide immediate writer: notice to the person to which this proposal is submitted if at any time the prospective lower tler participant learns that its certification was errorieous by reason of ‘changed-circumstances, d. The terms “covered transaction,” "debarred," "suspended," “ineligible,” "participant," "person," “principat,” and. “voluntarily excluded,” as used in this clause, are-defined in 2 CFR Parts 180 and 4200. You may-contact the person to which this proposal is submitted for assistance in obtaining a copy of ‘those regulations. “First Tier Covered Transactions” refers to any covered transaction between-a grantee or subgrantée of Federal funds and a participant (such as the. prime or general contract). “Lower Tier Covered Transactions” refers io. any covered transaction under a-First Tier Covered Transaction (such as:subcontracts). "First Tier Participant” refers fo the participant who has entered Into a covered transaction with a gratitee or subgrantee- of Federal funds: (such.as the-prinie or general-contractor). “Lower'Tier Participant” refers-any panicipant who has entered. into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors.and. Suppliers}.. @. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligibte; or voluntarily excluded from participation in.this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it-will include this clause filed "Certification Regarding Debarment, Suspension, ‘Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tiér covered transactions exceeding the $25,000 threshold. g. A patticipant in a covered transaction may rely upon a certification of-a prospective participant in a lower. tier.covered transaction that is not debared, suspended, ineligible, or: voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A. participants responsible for ensuring that its principats are not suspended, debarred, or otherwise ineligible to participate in covered — transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective. participants, each participant may, but is not required to, check the Excluded Parties List System: website :(hitos:/Ayww. epls.gov/), which is compiled by the General Services Administration: h, Nothing contained. in the foregoing shall be construed to require establishment of a.system of records in order to.render ‘in good faith the-certification required by this clause, The knowledge and information of participant is not required to exceed that which ig normally possessed by.4 prudent person ‘in-the-ordinaty course-of business dealings. . Except fortransactions authorized under paragraph & of these instructions, if @ participant in a covered transaction ‘knowingly enters into-a lower tier covered transaction with a person who is suspended; debarred, ineligible, or voluntarily excluded from participation in this transaction, irr addition to olher rémedies available ta the Federal Goverment, the department or agency with which-this iransaction originated may.pursue available semedias, including. suspension and/or debarment.. eee G-10 Certification. ‘Regarding Debarmeént, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Participants: 1. The Prospective lower tler-particijpant-certifies; by: submission of this proposal, that neither it nor its- principals is presently debarred, suspended, proposed jor debarment, — declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant ts unable to certify to-any of the statements in this certification, stich prospective parlicipant.shall attach an explanation to this proposal. eke X]. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to-ail Federal-aid construction contracts and to all related subcontracts which exceed $100,000.(49-CFR 20). 4. The prospective participant certifies, by signing and submitting this bid or praposal, to the bést of his or her knowledge and belief, that: a. No Federal appropriated funds. have been paid drwill be paid, by of on-behalf of the undersigned, to any- person for influencing or attémpting te influénce.an officer or employee of” any Federal agency, a Member of Congress, an.officer or employee of Congress, or an employee of a Member of: Congress in conriection with the awarding of any Federal contract, the. making of any Federat grant, the making of any Federal tean, the entering into of any cooperative agreemerit, and the extension, ‘continuation, renewal, amendment, or Moiification of any Federal contract, grant, Joan, or cooperative ‘agreement. _ b. if any funds other than Federal ‘appropriated funds have been paid or will be paid'to any person for influencing or- attempting to influence an officer or eniployee of-any Federal agency, a Member of Congress, an officer or employee of Congress, of an employee of a-Member af Congress in conneciion with this Federal contract, grant, loan, or cooperative agreement, the’ undersigned shall complete and Submit Standard Form-LLL, "Disclosure Form to Report Lobbying,” in accordance with: its instructions. 2, "This. certification is a material representation of fact upon which reliance was placed when this transaction was made-or entered into, Submissian:of this cartification is a prerequisite for making or entering inte this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required cerlification shail be subject to-a-civil penalty of not lass than $16,000 and not more than $100,000-for ‘each such failure.. 3. The prospective paiticipant also agrees by submitting its. ‘bid or proposal that the participant shall require that the: language. of this cerlification be included in all lower tler Subcontracts, which exceed-$4100,000 and -thal all such recipients shall certify and disclose accordingly, G11 6. The. contractor shail include the provisions of Sections 4 ATTACHMENT A - EMPLOYMENT AND MATERIALS through 4 of this. Attachment A in every subcoritract for: wark. PREFERENCE FOR APPALACHIAN DEVELOPMENT which is, or reasonably may be, done as ofi-site work. HIGHWAY. SYSTEM OR APPALACHIAN LOGAL ACCESS ‘ROAD CONTRACTS This provisian is applicable to all-Fedéral-aid projects. funded under the Appalachian. Regional Devefopment Act of 1965. 1, Dusting the performance of this contract, the contractor undertaking to'do work whith is, or reasonably JInay be, done 4s on-site work, shall give. preference to qualified persons who regularly reside In, the labor area as designated by the DOL wherein the contract werk is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is. situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable feeds of the contraétor. to: ‘employ supervisory or specially experienced personnel necessary to assure anefficient execution of the contract. work, €. Far the obligation of the contractor te offer employment to. present or fonrier employees as the result of a lawful collective bargaining contract, provided that. the number of nonresident persons employed under this subparagraph ¢1c)-shall not exceed 20 pérceént of the total numberof employees employed. by the contractor on. the contract work, except as.provided in subparagraph (4) below. 2, The. contractor shall place a job order with the State- Employment Service indicating (a) the classifications of the laborers, mécthianics and other employees required to perform the contract work, (b) the. number of employees required in each. classification, {c) the date on which the participant éstimates such émployees will be required, and (d) any:other peitinenit-information required by the State Employment ‘Service to complete the job-order form. The job order may be. ‘placed: with the State Employment Service in writing or by telephone, If during the course of the ‘contract work, the information submitted by the contractor i in the original jo order: is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referted ta him by the State Employment ‘Service. The cantractor is not required to grant employmerit to any job applicants who, in his opinion, are not qualified to perform the classification of work requifed, 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants fo.the contractor, or less than the number requésted, the State Employment Service will forward a certificate to the contractor indicating the unavailability ‘of ‘applicants. Such certificate shall be made-a part of the’ contractor's petmanent project records... Upon receipt of this certificate, the cantractor niay employ persons who do net’ normally reside in the labor area to fill positions cavered-by the certificate, notwithstanding the provisions of subparagraph a c} above. 5. The Provisions of 23 CFR 633,207(e) allow the contracting agency. to provide a contractal.preferance for the Use of mineral resource materials native to the Appalachian region, G-12 General Decision Number: VI160002 01/08/2016 vI2 Superseded General Decision Number: VI20150002 State: Virgin Islands Construction Types: Heavy and Highway Counties: Virgin Islands Statewide. Heavy and Highway Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the FO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * SUVI2003-001 02/09/1990 Rates Fringes BOTDERMAKER . sauce -aromareamaes 1eecee 8 BLP atbte CARPENTER. ju G6 Gisele. pace eal ae ace we $ 7.41 CEMENT MASON/CONCRETE FINISHER...$ 7.59 ELECTRICIAN. .........0005 Hen ARE HHO & 7.63 Insulation Mechanic.............- $ 7.67 -l7t+ett EB VRE IR Et Riacpcanaencarcacst eae # jeuvna® Tv25 -litetft Laborers: Jackhammer Operators........ S 7,25 atb+c Laborers wwe ws ee bs 4 EN eS eS 4,25 Mason Tenders. oc ea ca en ea eae a 7.25 -litet£ MILLWRIGHT. 1... cc cee ee ee ee es S$ 8.85 atbt+c Painter & Sandblaster............ B 1.25 -litetf PLUMBER/PIPEFITTER........eeeee0s S dt? atbtc Power equipment operators: Asphalt Machine Operators...$ 7.62 ity H-1 312322.1 Backhoe... lee. cee cea eee ne 37, 68. Bulldozers... .. cee eee ee eS 75S Cherry Pickers.............. $ 8.42. atbtc CYANES ee vee ee ee hace ances $ 7.76 Priliers......... rn § 7.25 gth LOAdersS... cee eee eee eee eee 8 7.25 gth Ollers......... eb eee Lena $ 3.55 Let et+£ Riggers....... eee ete eee i) 8.47 e+f Tractors......... wee es caeeeB FL25 TRUCK DRIVER... - eee cece cee eee ee $ 7.25 FOOTNOTES: a. 6-2/3 (six and two-thirds) Hours vacation pay per month when a minimum of 120 hours is worked in the month. b 10 Paid Holidays ce. $25.52 per month d.. $23.16 per month. @. 11 Paid Holidays f. 12 hours per month paid vacation. g. 9 Paid Holidays. h. 7? houts vacation pay per month if employee works moré than half the reqular working hours inthe month. i. 5 Paid Holidays WELDERS - Receive rate prescribed for craft performing operation to. which welding is incidental. ‘Uniisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the. labor standards contract clauses (29@FR 5.5 (@} {1} (44)). The body of @ach wage: determination lists the classification and wage rates that have been found to be prevailing for the cited type{s} of construction in the area covered by the wage determination. The classifications are. Listed in alphabetical order of "identifiers" that ‘indicate whether the particular fate is a union rate (current union negotiated rate for local), a survey rate (weighted avérage rdte) or a vnion average rate (weighted union average rate}. Union Rate Identifiers A four letter classification abbreviation identifier enclesed in dotted lines: beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing. for that classification in the survey. Exafiple:. H-2 312322,1 PLUMOL98+005 07/01/2014. PLUM is an abbieviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers... 01.53 indicates the local uniori number of district council number where applicable, i.e., Plumbers Local 0198. The next number, 905 in the example, 18 an internal number used in processing the wage determination. 07/01/2014 is the effective date. of the most current negotiated rate, which in this example. is July 1,. 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Sutvey Rate. Identifiers Classifications listed under the "SU" identifier indicate that mio orie tate prevailed for this classification in the survey and the published rate is’ derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this. weighted average rate includes all rates reported in the survey, itvmay include both union and. non- union rates. Example: SULAZ012-007 5/13/2014. SU indicates the rates are survey Fates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 8012 is the year of survey on which these classifications and rates are based, The next number, 007 in the example, is an internal number used in producing the wage determination, 5/13/2074 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no singlé majority rate prevailed for those ¢lassifications; however, 100% of the data reported for the classifications was union, ‘data. EXAMPLE: UAVG-oH-od10 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH itidicates the State. The next number, 0010 in the exXampié, is an interral mumber used in producing the wage determination. 08/29/2014 indicates the survey completion date for the Classifications and rates under that identifier. A UAVG rate will be. updated once a year; usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate.of the union locals from which the rate is based. H-3 312322 1 WAGE DETERMINATION APPEALS PROCESS i.} Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional ‘classification and rate} ruling On survey related matters, initial contact, including requests flor summaries of surveys, should be with the Wage and Hour Regional Office for the area in ‘which the survey was conductéd bécause thosé Regional Offices have responsibility for the Davis-Bacon survey program. If the response from. this initial contact is not satisfactory, then the process described in 2.) arid 3.} should be followed, With regard te any other matter not yet ripe for the formal process described Kere, initial contact shotid be with the Branch of Construction Wage Determinations. Write te: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, W.W. Washington, BC 20210 2.) If the answer to the question in 1.) is yes, then an interested party {those affected by the action} can request review and reconsideration from the Wage and Hour Adniinistrater (See 29 -CPR Part 1.8 and 29 CFR Part 7}. Write to: Wage. and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.i. Washington, DC 20210 The request should. be accompanisd by a full statement of the interested. party's position and by any information (wage payment data, project description, area practice material, etc.) thet the requestor considers rélevant to the issie. , 3.} If the. decision of the Administrator as not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of -Labor 200 Constitution Avenue, N.W. Washington, DC 20210. 4.) All decisions by the Administrative Review Board are final. END OF GENERAL -DECISION H-4 312322. BUY AMERICA REQUIREMENT Federal regulations require that preference be given. to domestically produced steel products permanently incorporated. in Federally-aided highway and bridge construction projects. It is a requirement of this contract that all bidders base their cost proposals on furnishing only domestically produced steel products in the permanent work required by this contract. As used here, "domestically produced” means manufactured within the United States, Puerto Rico, and/or the United States Virgin Islands. Sections 1041 (a) and 1048 (a) of the ISTEA amended and clarified the Buy America provisions of Section 165(a) of the Surface Transportation Assistance Act of 1982 (STAA) and 23 CFR 635-410. Iron has been added to the niaterials now subject to the Buy America requirements, and the action of applying a coating to a covered material (i.e., steel and iron) is now deemed a manufacturing process subject to Buy America. Coating includes epoxy coating, galvanizing, painting and’ any other coating that protects or enhances the value of a material subject. to requirements of Buy Amefica. Buy America requirements of 23.CFR ‘635.410 are applicable to all Federal-aid highway construction projects (NHS and non-NHS), ]-} 3129361 DPP-NCA-52+75. REVISED; 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS DEPARTMENT OF PROPERTY AND PROCUREMENT. NON-COLLUSION AFFIDAVIT 0. ineivane beitig duly swom, deposes and says that — (1) He is fowner, partner; officer, representative, or agent] Of ....c.cccccrcccscsecscecsceccetssessesessssssseseecee bevebauvensbewesueearaceaeecs uvenanae evenen leeetenates ee pen beg teen anes the bidder that has submitted that attactied bid; (2) Heis duly informed respecting the preparation and contents of the attached bid and ofall pertinent circumstances respecting.such bid; (3) Such bid is genuine and is not a. collusive or sham bid; (4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives, employees ‘or parties in interest, including. this affiant, has in any-way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a-collusive of sham bid in connection with the contract for which the attached bid has: been submitted or to refiain from bidding in connection with such contract, or has in-any manner, directly or indirectly, sought by agreement or collusion. or communication or conference with any other bidder, firm: or person to fix the price or prices in the attached bid or of any other bidder, or to. fix any overhead, profit or cost element of the price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance. or. unlawful agreement any advantage against The Government of the Virgin Islands. or any person interested in the proposed contract; and (5) The price, or prices quotéd in the attached bid are fair arid proper and are. not tainted hy any collusion, conspiracy, connivance. or unlawful agreement on the’ part of ‘the-bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature of Affidavit SUBSCRIBED AND SWORN to before me this.........:.c.065 day OF occcccccscesaesecasned sienssestivessicesesseees J-I Notary Public Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions Instructions for Certification By signing and. submitting this proposal, the prospective lower tier participant is providing the certification sét out below. The certification in this. clause is a material. representation of fact upon which reliance was placed when this transaction was entered into. I it is later determined that the prospective. lower tier participant Knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous. when submitted. or has become erroneous by reason of changed circumstances. The terms "covered transaction,” "debarred,” “suspended,” "ineligible, "lawer tier covered transaction,” "participant," “person,” “primary covered transaction," “principal,” “proposal,” and "voluntarily excluded," as used in this clause, have the meanings set out in the definitions and Coverage sections: of rules implementing Executive Order 12549. You may. contact the person to which this. proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, if shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded — from Participation in this covered transaction unless authorized by the department or agency with which this transaction originated, The prospective lower tier participant further ‘agrees by submitting this proposal that it will include this clause. tilled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction." without modification in ail lower tier covered transactions and in all solicitations. for tower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower ther covered transaction that: it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which ft. determines the.’ eligibility of its principals. Each participant may, but is not required: te, check the Nonprocurement List, Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge arid information of a participant.is. not required to exceed K-1 3123381 that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to the remedies availabie to the Federal Government; the department or agency. with which this transaction originated may pursue available remedies, including suspension and/or debarrnent Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions T 319338. The prospective lower tier participant certifies, by submission of this proposal, that. neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is. unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. K-2 ELIGIBILITY AFFIDAVIT i, , of legal age and resident of Name . certify under penalty perjury, . or any person associated Firm therewith in. the capacity of owner, partner; director, officer, principal, project director, manager, auditor or any position involving administration of federal funds. - is not currently under suspension, debarment, voluntary exclusion, or determination of Ineligibility by any federal agency; - has not been suspended, debarred, voluntarily excluded or determined inetigible. by any federal agency with In the past three (3) years; . does not have a proposed debarment pending; and - has not been Indicted, convicted, or had-a civil judgment rendered against by a court of competent jurisdiction in any matter involving fraud or official miscondtct -within the. past three (3) years. ) The attached Instruction for Gertification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, are included and made a part.of this Eligibility Affidavit. Contractor | By AFFIDAVIT # Subscribed and sworn to before me this day of 20. Notary Public My Commission Expires K-3 "313338.4 LOBBYING CERTIFICATION _ CERTIFIED FOR FEDERAL-AID CONTRACTS EXCEEDING $100,000 IN FEDERAL FUNDS The prospective. participant certifies, by. signing and submitting this bid or proposal, to the best of this or her knowledge and belief, that: (1) No Federal appropriated funds have been paid-or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to Influencing .an officer or employee of Congress, or an employee of a Member of Congress |n connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) lf any funds other than Federal appropriated funds have been paid or will be paid. to any person for influencing or attempting to influence an officer or employee. of any Federal agency, a Member of Congress, an officer of employee of Congress, grant, loan, or cooperative agreémeni, the undersigned shall complete and submit Standard Form-Lil, ‘Disclosure Form to Report Lobbying, ' In accordance with Its instructions. ‘This certification is a material representation of fact upon which reliance was’ placed when this transaction was made or entered into. Submission of this. certification is. a prerequisite for making or eritering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that: $10,000 and not more than $100,000 for each such failure. - The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier Subcontracts which exceed. $100,000 and that all such sub-recipients. shail certify. and disclose accordingly. Contractor By AFFIDAVIT # Subscribed and sworn to before me this. day of 20 Notary Public My Commission Expires 3123381 Agency Display of Estimated Burden for Federal-Aid Highway Construction Contractors Annual EEO Report The average completion time for this form is 1 Hour. If you wish to comment on the. accuracy of the estimate or make suggestions for reducing the burden, please direct. your comments to OMB and FHWA at the following addresses: Office of Management and Budget Federal Highway Administration Paperwork Reduction Project 2125-0019: Office of Civil Rights, HCR-10 Washington, D.C. 20503 400 7th Street, SW. Washington, D.C. 20590") {E1-60 “Aeu) L6EL -WMHS U0] Siva ‘bi (mio AemyGyy aps jo oni, puw asyeubjs) 248 OSEMBIARY OL 3ivd 4 _ | | | ! | | | | } | jo jo [o jo | | I | | ] | | | 1 j | Jo [o lo ja (snyeys pepoes Aq BE g BIEL) D ZTEVL 0 0 0 o 0 0 o 0 0 0 o 0 a 0 0 0 7 7 D 7 0 0 o 0 0 [ a wi Fl 4 Fl iT Fl a a " a i Fl w a Fi w FA Hi F Wi HaONVISI SALLYN NVOWSNY SS3NIVEL saovu didtovd ONLLYT AION SINHLS O3A01dna SSOLLNSHdd aLUHAA NVISv wIsviv HO NWO S3IHODSLVD Gor gOf SHLNO SUOH HO OML Y3HLO uO HO SINVdSIH FW WLOL WLOL —_— — NVIONI NYOSHeY + yOVTE AS Yay (HV3A LHSSNI) ~ 02 AN NI ONIONS GOINad AVd T1Nd LSW71 ONIHNG (S)SLIS NOLLONYLSNOS ONY Gi¥-lwHada4 NO 39HO4NHOM '9 "B10e ‘UME UF Gunde 6 100-Sztz S1 UON9eROD S|UI 40j JOQUINU }OAUOD BW SUL ‘OEE UPd HAD EZ PUB EOPL 'O'S'N Ez uoNeINGe: pus me] Aq pasinbes s] UO! ju FO WONDAYOD SHULL 2ODEIWWOIGNS 5 {owms pus Auned) ‘NOLLVIOT evo JLOVELNOS JO LNAONY BVTI00 “Fy 18OdSuY O33 TIWNNNY SHOLOVEINOS NOILINYLSNOD TYMHOTH div-ivHaqs4 Agency Display of Estimated Burden for Federal-Aid Highway Construction Contractors Annual EEO Report The average completion time for this form is 1 Hour. Ifyou wish to comment on the accuracy of the estimate or make suggestions for reducing the burden, please direct your comments to OMB and FHWA at the following addresses: Office of Management and Budget Federal Highway Administration Paperwork Reduction Project 2125-0019 Office. of Civil Rights, HCR-10 Washington, D.C. 20503 400 7th Street, SW. Washington, D.C. 20590") K-7 General Information and Instructions This form is to be developed from the "Contractor's Annual EEO Report.” The data is to be compiled by the State and submitted annuailly.. t should reflect the total employment of all. Federal-Aid Highway Projects In the State as of July 31st: The staffing figures to be reported. should represent the project work force on board in all or any part of the last payroll period preceding the end of July. The staffi ing figures to be reparted in Tabie.A should include journey-level men and women, apprentices, and on-the-job trainees. Staffing figures to be reported in Table B should include only apprentices and on-the-job trainees as indicated. Entries made for "Job Categories" are to be confined to the listing shown. Miscellaneous job classifications are to be incorporated in the most appropriate category listed on the form. Ali employees on projects should thus be accounted for. This information will be used:in complying with the U.S. Senate Committee on Public Works request that the Federal Highway Administration submit a report annwally.on the.status of the Equal Employment Opportunity Program, its effectiveness, and progress mace by the States and the Administration in cartyng out Section 22(A) of the Federal-Aid Highway Act of 1968.. in addition, the form should bée-used as a:valuable tool for States to evaluate their own programs for ensuring equal opportunity. It is requested that States submit this.information annually to the FHWA Divisions no later than September 25. LINE 01.- State-and region Code. Enter the.4-digit cade from the list below. AlabaM@..:cccu ee. 01-04 Montana... 50-08 ACT ce 02-40 Nebraska.......c.cc01i31-07 ANZOMAL.. soos secereeoneeiee 04-09" Nevada... a snssssrree 32209 ATKANSAS........csseiseee 05-08 New Hampshire.......33-01 California... 06-09 New Jersey... 54-01 Colorade.......:..2 0808 New. Mexico............ 35-06 Connecticut..........4.....09-01 New YOrK.-.-s-eerseseeeSB-O4 Delaware... ceveeeeest 03 North Carolina..........37-04 District of Columbia... 41-03 North Dakota............38-08 Flotida.....sescrcetesseeseie 12-04 cc (Hawaii... ececee 15D OreQOM...... cece 41-10 IANO. csiseseciecnereeereees 4-10 Pennsylvania............42:03. WOES... ee egee eevee EPO Puerto Rico...........,...43-04 INGER eceeseenteceeteee BOB ‘Rhode Island............. 44-01 [OW ev cosesscseseseecceensceesee t B07 South Carolina..........45-04 KANSAS... ccs .sescstesseeees 2D-O7 South Dakota...........46-08 KEMtUCKY.cocsssceesrour. 21204 Tennessee. cesses 7-04 LOUISIANA...:....:.0ceronisess 22206 TOKAS ee eecs essen 48-06 MAING... csseccccsesesessenseesie DOT Ute. ses isseeeeicerersneree 4208 Maryland. cesses 2403 VEITONE, .rereorteereeees 50-01 Massachusetts.............25-04 VITGINIA.. cre eieeesseere 103. Michigan... ....sccscecoseeeae e205 Washington..........-.83-10 Minnesota......5.....:cree.27-05° ‘West Virginia.........,.54-03 Mississippi............0.00.++-28-04 WISCONSIN. ......-04.185-05 Ke. : ig .{ ole We 2h a clz ala an o|7 WaT. P| a0 IB AE ala tl Bis o/e F a aa «iS iq Ele 5S |F se ag ii tf BE —— ] HH wk: fle ae eg alhle ae SPECIAL PROVISIONS DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS . L-] 392345 SELECTED DBE PROGRAM PROVISIONS DISADVANTAGED BUSINESS PARTICIPATION IN USDOT ASSISTED CONTRACTS OBJECTIVE: The purpose of the DBE Program is ta lmplement the: provisions of 49 CFR Part 26, ‘other pertinent regulations, and source legislation. The abjectives are: (a) To ensure nondiscrimination in the award and -administration of USDOT-assisted contracts in. the USDOT’s highway, transit, and airport financial assistance programs; (b) To create a level playing field on which DBEs can compete fairly for USDOT- assisted contracts; (c) To ensure that USDOT’s DBE program is narrowly tailored.in accordance with applicable law; (d} To. ensure that anty firms that’ fully méet the eligibility standards specified in 49. CFR ‘Part.26 are permitted to participate as DBEs: (e) To help remove barriers to the participation of DBEs in USDOT-assisted contracts; (f) To assist the development of firms! that can compete successfully in the marketplace outside the DBE pragram; and (g) To provide appropriate: flexibility to. recipients of Federal financial assistance in establishing and. providing opportunities for DBEs. AUTHORITY: These Special Provisions are issued fotlowing guidelines found in 49 CFR Parts 23 (as amended) and 26, effective March 4, 1999, under authorities cited at 23 U.S.C. 324; 42 U.S.C, 2000d et seq.; 49 U.S.C. 1615, 47107, 47113, 47123; Executive Order 12138, 3 CFR, 1979-Comp. p. 393: Sec. 1101(b), Pub. L. 105-178, 112 Stat. 107, 113; and in accordance with cther directives contained jn the VIDPW's Disadvantaged Business Enterprise-Program. POLICY: It is the policy of the VIDPW to encourage ‘ahd support the DBE ‘Program and its objectives to the maximum exterit. possible: This rule shall be circulated throughout the VIDPW, Construction Organizations, DBE and non-DBE business communities. that perforin work with the VIDPW and other interested parties. color, national ‘origin or sex in the award and performance of any USDOT-assisted contract or in the administration ofits DBE Program or the requirements of 49 CFR Part 26, The VIDPW and all recipients will further ensure that the VIDPW and/or all recipients of USDOT-assisted contracts: shall not discriminate. in the development, implementation and administration of the .DBE Program. Implementation of the DBE Program by the VIDPW is a legal obligation and failure to carry: out its-terms Shall be treated as a violation whereby sanctions may be imposed as provided.-for under Part 26. The VIDPW and all recipients of USDOT-assisted contracts shall not discriminate on the basis of race, ‘No person shall be excluded from: participation in or denied the benefits. of, or otherwise discriminated against in connection with the award and. performance. of any contract covered’ by this DBE Program or 49 CFR Part 26 on the basis of race, color, sex or ‘national origin. In administering the DBE Program, the VIDPW ‘shall not use criteria: or methods that would have. the effect of defeating or substantially impairing accomplishment of the. objectives of the program with respect to individuals of a particular race, color, sex or national origin.. , From time to time VIDPW shall receive interpretations from: USDOT; which shall be binding on VIDPW, sub-recipignts, and contractors. 310345 DEFINITIONS: COMMERCIALY USEFUL FUNCTION (CUF) - means that a DBE is responsible for execution of a distinct element of the work of.a contract or subcontract and carries out its responsibilities by actually: performing, managing and supervising the work involved, or provides professional services.. COMPLIANCE — means that a recipient has correctly implemented the requirements of this. pait. CONTRACT — means a legaily binding relationship obligating a seller to furnish supplies or services (including, but-not limited to, construction and professional services) and the buyer to pay for them. CONTRACT GOAL - means the percentage of DBE participation, established by VIDPW, if required, fora USDOT- Assisted.Contract. , CONTRACTOR — means one who participates, through a contract or subcontract (at any tier), in a USDOT-assisted highway, transit, of airport program. DEPARTMENT — means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Adrninistration (FHWA), the Federal Transit Administration (FTA), and the. Federal Aviation Administration (FAA). DESIGN CONSULTANT — means. ani individual, firm or partnership who contracts with the VIDPW to provide services. for engineering, surveying, environmental, hazardous materials, subsurface utility engineering, and other services, which require a rigorous, logical, science, based approach for data acquisition to be used in the development of VIDPW highway construction plans. DISADVANTAGED BUSINESS ENTERPRISE OR DBE ~ means a for-profit small business. concern that is at least 51 percent owned by one or more. individuals who are both socially. and economically disadvantaged or, in the case of a corporation, in: which 51 percent-of the stock.is owned by one or mora such individuals; and whose management and daily business operation are cantrotled by one or more-of. the secially and economically disadvantaged individuals. who own it. GOOD FAITH EFFORTS — means éfforts to achiéve a DBE goal or other requirement of the DBE Program, which, by their scope, intensity, and dpprdpriateness to the objective, can reasonably be expected fo fulfill the program requirements. JOINT VENTURE — means an.association of a DBE firm and one or more ottier firms to carry out a single, for-profit business enterprise for which the parties combine ‘their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. NAICS — North American Industrial Classification System ~ replaces the Standard Industrial Classification (SIC) code designation, which best describes the primary business of a firm. NONCOMPLIANCE — means that a récipient has not correctly implemented the requirements of 49 CFR Part 26, CRO — means Civil Rights Office of the VIDPW. OPERATING ADMINISTRATION (OA} — means. any of the following ‘parts of USDOT: the Federal Aviation Administration (FAA), Federal Highway Administration (FHWA), and the Federal Transit Administratian (FTA). The “Administrator” of any OA includes his or her designees. L-3 312345- DEFINITIONS (cont,): OVER-CONCENTRATION — means:a condition in which DBE firms are being utilized in certain types of work to the.extent that non-DBEs are unduly burdened from participating in this same type of work. PRIMARY INDUSTRY CLASSIFICATION — Means the four-digit Standard Industrial Classification (SIC} Cade designation that best describes the primary business of a firm, The SIC code designations are described in the standard. Industry Classification Manual. PRIMARY RECIPIENT — means.a recipient to which USDOT financial assistance is. given and passes ‘some.or all of it on to another recipient. PROGRAM — means any undertaking on a recipient's part to use USDOT financial assistance, authorized by the laws to which this part applies, RACE-CONSCIOUS MEASURE — means a program that is focused specifically on assisting only DBEs, including women-owned DBEs, 7: RACE-NEUTRAL MEASURE.— means a program that‘is, or-can be, used to assist-all small businesses, For purposes of this part, race-neutral includes gender-neutrality, READY, WILLING AND ABLE —means, for the. purpose of setting annual DBE goais, in the context of a DBE or non-DBE business, that. it has the necessary license to perform work on USDOT-assisted contracts in its home state, is not currently suspended or debarred: and has demonstrated its interest in performing work on USDOT-assisted contracts by submitting a bid, proposal, or quotation as a prospective prime contractor, subcontractor, supplier, trucker, consultant, or other relevant business entity, on @ Virgiry Islands. USDOT-assisted contract within the current or two. (2) previous federal fiscal years, or such shorter duration as established by the Department. RECIPIENT — means any entity, public or private, to which USDOT financial assistance is extended, whether directly or through, another recipient, through the programs of the FAA, FHWA or FTA or who has applied for such assistance: SECRETARY ~— means the Secretary of the U. S. Department of Transportation or his/her designee. REGULAR DEALER - means a firm that owns, operates, or maintains a store. warehouse, or other establishment in-which. the materials, supplies, articles or equipment of the general character ‘described by the specifications and requiréd under the contract are-bought, kept in stock, and regutarly sold oi leased to the public in the usual coursé of business. To be a regular dealer, the firm must be ‘an established, regular business that engages, ‘as its principal business and under. its own name, in the purchase and sale. or lease of the products in question. -A person may be a regular dealer if such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business, if the person both owns and operates distribution equipment: for: the products. Any supplementing of regular dealer's own distribution equipment shall be by a. long-term lease agreement and not on an: ad hoc or contraci-by-contract basis. Packagers, brokers, manufacturer's représentatives, or other persons wha arrange or expedite transactions are:not regular dealers: SMALL BUSINESS. ADMINISTRATION (SBA) — means ithe United States Small Business Administration. SMALL. BUSINESS. CONCERN = means with respect to firms seeking to participate as DBEs in USDOT- assisted. coniracts, a small business concern as.defined pursuant to section 3 of the Small Business Act L-4 312345 and Small Business Administration Regulations. implementing it (13 CFR Part 121) that also does not exceed the cap on average annual gross receipts specified in.26.65(b). SOGIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUAL — means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and wito is — Any individual whom the VIDPW finds to be-socially and economically disadvantaged pursuant fo its DBE certification procedure. Any individual in the following groups, members of which-are rebuttable presumed to be socially and economically disadvantaged: (a) “Black Aniericans,” which includes persons having origins in any of the: Black racial groups of Africa; (b) “Hispanic Americans,” which ‘includes persons of Mexican, Puerto Rican, Cuban; Dominican, Central or South American, or other Spanish or Portuguese cuiture or origin, regardless of race; . (c) "Native Americans,” which includes persons who are American Indians, Eskimes, Aleuts, or Native. Hawaiians: (d) “Asian-Pacific Americans,” which includes persons whose. origins are from Japan, China, ‘Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Sarrioa, Guani, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu, Nauru, Federated: States of Micronesia, or Hong Kong; (e) “Subcontinent Asian.Americans,” which includes persons whose origins are from India, ' Pakistan, Bangladesh, Bhutan; the Maldives islands, Nepal or Sri Lanka; (f} Women; and (g) Any additional groups whose members -are designated as socially and economically disadvantaged by the-SBA, at such time as the. SBA designation becomes effective. STATE GOAL — means the VIDPW's determination, catculated annually as a percentage, of the level.of DBE participation on Virgin Islands USDOT~Assisted Contracts, VIDPW expects absent the effects of discrimination, .USDOT-ASSISTED CONTRACT — means any contract between a recipient and a contractor (at any tier) funded in whole or in part with USDOT financial assistance, including letters-of credit.or loan guarantees, -except a contract solely for the purchase of land, VIDPW - means the Virgin Islands Department Publi¢ Works. Pre-Bid and Demonstration of Good Faith Efforts (GFE’s): When the VIDPW has established a DBE contract goal on a USDOT-assisted individual project, it shalt award the contract only toa bidder who meets the established goal or who makes good faith efforts to do so. The award of the contract will be conditioned on meeting the requirements of this section. The VIDPW shall determine whether a bidder has made good faith efforts. if it documents either: that it can . L-5 312345. meet the DBE contract goal by documenting that it has obtained commitments for sufficient participation by DBE firms; or by documenting that it made adequate good faith efforts to meet the DBE contract goal by showing that it took all necessary and reasonable steps, which by their scope, intensity, and appropriateness to. the objective.of meeting the goal, could reasonably be: expected to. obtain sufficient DBE participation, even if thé bidder-was not fully successful. 312345. All bidders shall give written assurance in their bid proposal to meet the established DBE contract goal or propose a reduced goal. The bidder's written assurance will be. considered binding. Failure to: make-and/or abide by such written assurance shall render:a bid non-responsive, All bidders must complete. and sign the DBE Commitment Form A-585 (Appendix A) and the Bidders List of Quote's Form BL-DBE (Appéndix B) and include them with the other required documents of the bidder's “Proposal Package” submitted at the time of the Bid Opening: If the contract involves’ ihe use of consultants then the bidder must: complete. the Offeror’s List (Appendix. C) and the Certification of Consultant or Offeror: for DBE Annual State Goal forms (Appendix D) and submit them with the “Proposal Package”. All listed DBE fi irm(s) must be. certified by the DPW prior to submission of the DBE Commitment Farm. The information required on all forrvis must be accurate, complete in-every detail and in final form: at the time: it is submitted to the VIDPW and/or its Contracting Office (Department of Property & Procurement) at the Bid Opening. Failure to submit these forms in.proper form and accuracy at the Bid Opening shall render the bid non-responsive. All bidders are required to list on the DBE Commitment Form, A-585, the following information: a. The.names of the. DBE subcontractor(s) and/or maierial supplier(s) that will participate‘in the contract: b. Item number(s) & description of the work that the. DBE will perform; c. The’ dollar ariount of the participation for éach item of work the DBE will perform; d. Written: documentation of thé bidder's commitment to use a DBE subcontractor/supplier: whose participation it submits to meet the DBE contract goal, If the. apparent low bidder cannot meéet the established DBE contract goal, and proposes a reduced DBE goal, the bidder shalt document and submit-its justification for not meeting the goat and its documented demonstration of good faith efforts at the time of the bid opening. This justification i is a documented demonstration of good faith efforts by the bidder, which must, in the ‘end, show that the contractor had actively: and aggressively sought out DBEs to. participate in the project. Mere pro forma effotis are not the necessary and reasondble steps that indicate good faith efforts. The VIDPW will consider the quality, quantity, and intensity of the different kinds of efforts that- were made in trying to obtain DBE participation sufficient to meet the DBE contract goal. The following is a list of types of actions, which the VIDPW will consider as part of the bidder's good faith.efforts.to obtain DBE participation: This. list is not intended-to be a mandatory checklist, nor is. it intended to be exclusive or exhaustive, as other factors or types of efforts may be relevant in appropriate casés. ‘This demonstration should include, but not be limited to, the: following: a. Soliciting through all reasonable and. available méans. (e.g. attendance at pre-bid: meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow DBEs ‘to respond to the solicitation. The bidder must’ determine with certainty if faking appropriate steps to follow up initial solicitations interests the DBEs. ‘b. Selecting. portions of the work ta be performed by DBEs in order'to increase the likelihood that. the DBE goals will be achieved. This includes, where appropriate, breaking ot contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. L-6 312345 C. Providing interested DBEs with adequate information about the plans, specifications, and requirements: of thé contract in a timely manner to assist them in. responding to a solicitation. d. Negotiating in good faith with interested DBEs. it is the bidder's. responsibility to make a portion. of the work available to DBE. subcontractors and suppliers and to select those portions of the work or material needs consistent with the available OBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes: the. names, addresses and telephone numbers of DBEs that were considered; a. description of the information provided regarding the plans and specifications for the work selected for subcontracting: and evidence as to why additional agreements. could not be reached for DBEs to perform the work. A bidder using good business judgment would consider a number of factors in negotiating with subcontractors; including DBE subcontractors, and would take a firm's price and capabilities as well as. contract goals into consideration. However, the fact that there may be some additional costs invalved in finding and using DBEs is not in itself: sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. In addition, the ability or desire of the prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good ‘faith efforts. Prime contractors are not, ‘however, required to accept higher quotes from DBEs jf the price difference is excessive or unreasonable, e. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor is- standing within its industry,. membership in. specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status)-arée not legitimate causes for the rejection or non-solicitation. of bids in the contractor's efforts: to: meet the project. goal. f. Making efforts to assist interested DBEs in. obtaining bonding, lines of credit, or insurance as required by the recipient or contractor, 0. Making efforts to assist interested DBEs in abtaining necessary equipment, supplies, materials, or related assistance.or services. h. Effectively using the services of available minoritywemen: community organizations; minorityfwomen contractor's groups; local, state, and Federal minority/wornen business assistance offices; and other. organizations as allowed on a case-by-case basis to provide assistance in thé recruitment and placement of DBEs. In determining whether a bidder has made good faith efforts, the VIDPW may take into account the performance of other bidders in meeting the contract. For ‘example, when the apparent. successful bidder fails to meet the contract goal, but others meet it, the VIDPW may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE pazticipation obtained by other bidders, the VIDPW may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts, , The good faith efforts documentation required to justify the proposed goal shall be based on efforts made by the prime contractor from the date. of Invitation For Bids to the date of the bid opening. The VIDPW will not consider any effort made by the prime contractor after bid.dpening. Examples of actions which may not be acceptable as reasons for failure to meet the DBE goal: a. DBE unable to provide performance and/ar payment bands, b. Rejection of reasonable DBE bid based solely on price. ¢, DBE would not agree ta perform ail or. most of the work of the contract. @. Union versus non-union status. ®. Prime contractor normally would perform all or most of the work of the contract. L-7 8. f. Solicitation by mail-or telephone only. if the bidder is able to: demonstrate good faith efforts, the VIDPW imay award the contract at the bidder's proposed DBE contract goal. Pre-Bid and Demonstration of Good Faith Efforts (cont.) 10. 11. 12. 312345 Ifthe VIDPW determines: that the bidder is unable to demonstrate good faith efforts; the VIDPW will not award the contract, but shall provide to the bidder the opportunity for administrative reconsideration. As part of this reconsideration, the following guidelines apply: a. The bidder shall have the opportunity to provide written documentation or argument concerning the issue of whether the bidder: met the DBE contract goal. or made adequate gdéod faith efforts to-do so. , b. The VIDPW’'s decision on reconsideration shall be made by an official who did not take. part” ‘in the original determination that the bidder failed to meet the DBE contract goal or inake adequate good faith efforts todo so. ee c. The bidder shalt have the opportunity fo meet in person with the VIDPW's reconsideration official to discuss the issue of whether it met ihe DBE contract: goal or made adequate good faith efforts.to do so. d. The VIDPW shall send .a written decision on the reconsideration, explaining the basis far finding that the bidder did or did not meet the DBE contract goal or make adequate geod faith ‘efforts to. do so. . ) @. If the reconsideration decision finds that thé bidder did meet the DBE contract goal of did: make adequate good faith efforts to do so, the VIDPW may award the contract at the bidder's, proposed DBE contract goal. f. Ifthe reconsideration decision finds that.bidder did not meet the DBE contract goal or did not make adequate: good faith efforts to do so, the VIDPW will not award the contract to that bidder, but will notify the next lowest responsible bidder that its bid proposal, with all required documentation therein; is beirig considered for award.of cantract, , g. The-result of this reconsideration pracess is not administratively appeal able to the USDOT. The DBE contract goal committed by the successful bidder will become the. established. DBE contract goal for the project.as a contract requirement. {f, at the completion of the project, the prime contractor fails to meet its commitment, it will be required to document ahd: justify why it failed to meet this-commitment. The Liquidated Damage Provision as stated below will apply if the contractor fails te demonstrate good fa ith efforts to meet the committed goal. If the VIDPW Tets for bid a “design-build” or “turnkey” contract, in which. the VIDPW lets a master contract, or similar legally binding instrument, to a contractor, who in turn lets subsequent subcontracts for the work. of the project, the VIDPW may establish a DBE contract goal for the project. The master contractor then establishes DBE ‘contract goals, as appropriate, for the subcontracts it lets. The VIDPW shalt maintain oversight of the master’s corttractor’s activities to ensure that they are-conducted consistent with the. requirements. of these Special Provisions, the VIDPW's DBE Program and 49.CFR Parts 23 (as amended) and 26. The VIDPW requires that the successful bidder; or subsequently the prime contractor, not terminate for convenience a DBE subcontractor listed in DBE Commitment Form, or an approved substitute DBE firm, and then propose to: perform the work of the terminated. subcontract with ‘ts own forces or those of an affiliate, without the VIDPW’'s prior written consent. See the Termination / Substitution / Replacement of Listed DBE Firms provision below. L-8 Pre-Bid and Demonstration of Gaod Faith Efforts (cont.} COUNTING DBE PARTICIPATION: 1. 312345 When a. DBE participates in a contract, only the value of the work actually performed by the DBE will be. counted. a. The entire amount of that portion of a construction contract or other contract that is performed by the DBE’s own forees will be credited. Included are. the costs of supplies and materials obtained by the DBE for the work of the. contract, including supplies purchased or equipment leased by the DBE (except supplies and equipment the DBE -Subcoritractor purchases or leases from'the prime contractor or its affi iliate). Credit will be allowed for the entire amount. of fees or commissions charged by a DBE firm for providing 4 bona fide service, such as professional, technical, consultant, or managerial services, or for providing borids or insurance specifically required for the performance of a USDOT-assisted contract. Credit will be allowed for fees considered ‘reasonable and nat excessive as compared with fees customarily allowed: for -simnilar ‘services, When a DBE subcontracts part of the work of its contract to another firm, the value-of the subcontracted work may be-counted only if the DBE’s subcontractor i is itself a certified DBE. Work that.a OBE subcontracts to a non-DBE firm does not. count, When a DBE performs asa participant.in a joint venture, credit for 4 portion of the total dollar value. of the contract equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces will be allowed. ‘Credit to a DBE contractor will bé allowed only if the OBE is performing:a commercially useful functiori on the contract. a. A. DBE performs.a commercially useful function when it is responsible for executian of the work of the contract and is. carrying out its responsibilities by actually. performing, managing, and supervising the work invelved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the .contract, for negotiating price, determining quality and quantity, ordering the material, installing. (where applicable) and paying for.the material itself. To. determine: whether a DBE is performing a commercially useful function, an evaluation will be made of the amount of work subcontracted, industry practices, whether the amount-the. firm is to be paid under the’contract is commensurate with the work it is actually. performing, and the DBE credit claimed for its performance of the work and other relevant factors. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant i in a transaction, contract, or project through which funds are passed j in ‘order to obtain the appearance of DBE participation. In determining whether'a DBE is such an extra participant, an examination of similar transactions, particularly those. in which DBEs do not participate, will be performéd If a DBE does not perform. or exercise responsibility for at least the percentage determined in the VIDPW Standard Specifications for Highway and. Bridge Construction of the total cast of its contract with its.own forces, or the DBE subcontracts ‘a. greater portion of the work of a contract than would be expected. on the basis of normal industry practice for the-type of wark involved, it will be: presumed that the DBE is not performing a commercially useful function. When a DBE jis: presumed not to be performing a commercially useful function as provided above, the DBE. may present evidence to rébut this presumption. It may be- determined that the firm is performing: a commercially useful function given the type of work’ involved and normal industry practices, L-9 Decisions concerning commercially useful function matters are not administratively appeal able to USDOT, COUNTING DBE PARTICIPATION (cont). 3. 312345 The following factors will bé used to determine whether a DBE trucking firm is performing a commercially useful function. The VIDPW shall evaluate the amount of work subcontracted, industry practices and other relevant factors: a. The DBE must be responsible for the management and supervision of the entire trucking ‘opetation-for which it is responsible.on a particular contract, and ihere cannot be a contrived arrangement for the purposes of counting. DBE participation. The DBE must itself own and operate at least one fully licensed, insured; and operational truck used on the contract. The DBE receives credit for the total value-of the transportation services it provides on the contract using trucks it owns, insures, and operates. using drivers tt employs, The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides onthe contract, The DBE may also lease trucks from a nion-DBE firm, including an awner-operator. The DBE who. leases trucks from a non-DBE is entitled. to credit only for the fee or commission ‘it receives as @ result. of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, sin¢e these services are not provided by'a DBE. ae A teasé arrangement or agreement shall indicate that-the DBE. has exclusive use of and control .over the truck, This does riot preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as: the lease gives the DBE absolute priority for use of the leased truck. Leased trucks shall display the name and identification number of the DRE. Prior to beginning work on a contract, the DBE must submit valid lease agreements to the VIDPW on all teased trucks and written agreements with owner/operators. Whether the agreement is with an owner/dperator or trucks hired from a trucking firm, the agreement must include’ the: |. Operator's Name; 2. :Social Security number; 3. Federat identification Nurnber (FIN); 4. Cab Card Number of the Truck; 5. Description of the Truck.and the Method of Payment. The following factors are used in determining whether a DBE truck owner/operator will be credited: a, An Owner/Operator must own one (1) fully operational truck-and operate it himselffherself for b. hire.. The- individual must possess a Commercial Driver's License and the truck must have a current registration and be properly licensed. If required, the firm must-have: the: appropriate operating license and Insurance, The individual must be an independent owner/operator and cannot be in an émployee/employer relationship with a.prime contractor. Owner/Operator trucks may be utilized by the prime contractor to meet a DBE geal and-must be covered bya fully executed written agreement. L-10 c. NO me wh =. For each owner/operator to be credited, the contractor or subcontractor must submit to the VIDPW, a valid agreement that includes or has attached the following information: Owner/operator’s name; . Social Security Number; Capy of Vehicle registration receipt; Current Vehicle license number; Truck, Number; Method of payment (hour, ton, load). COUNTING DBE PARTICIPATION (cont). 312345 The prime contractor may count towards its DBE participation, the.total dollar value paid to an owner/opetator for the haul. Payments to ownerfoperators must be certified to by the prime contractor prior to fi finalizing the project-or as work progresses, as required by the VIDPW. [f required, the owner.must be shown on the ‘ prime contractor's certified payroll. Expenditures with DBEs for Materials or: Supplies: a. If the. materials or supplies are obtained from a OBE manufacturer; 100 percent of the cost of the materials or supplies may be counted. For the purposes of this paragraph, a manufacturer is a firm that operates of maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. if the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies may be counted. With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, only the eéntire amount of fees or commissions Charged for assistance in the procurement of the materials: and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the VIDPW determines the fees to be reasonable and not excessive as compared with fees. customarily allowed for similar services. No portion of the cost of the materials or supplies themselves may be. counted toward DBE contract goais. All listed OBE firms must be certified by the VIDPW prior to the prime contractor's submission of the DBE Commitment Form A-585. if a firrh.is not currently certified as a DBE in accordance with approved certification standards at the time of the execution of.the’contract; the VIDPW may not count the firm’s participation toward any DBE goals, except as provided far by the following, :in regards the effects of removal of eligibility by the VIDPW: When a prime contractor has made a commitment to using the ineligible firm or the VIDPW has made a commitivent to using-a DBE prime contractor, but ‘a subcontract or contract has not been executed before the issue of a de-certification notice, the ineligible firm will not count toward the contract goal or overall goal. The VIDPW shall direct the prime contractor to meet the contract goal with an eligible DBE firm or demonstrate that if has made good faith effarts to-do so. Ifa prime contractor has executed a subcontract with the firm before the VIDPW has notified the firm of its ineligibility, the prime contractor may continue to use the firm on the contract and may continue to receive credit towards its DBE goal for the firm’s work. In this case, or in a.case. where the VIDPW has let a-prime contractor to thie DBE that was later ruled ineligible, the portion: of the ineligible firm's performance of the contract remaining after the VIDPW has issued the notice of its ineligibility shall Hot count toward the VIDPW's overall goal, but may count toward the contract goal. L-11 10. c. Exception: if the DBE’s ineligibility is caused solely by its having exceeded the size standard during its performance of the contract, the VIDPW may continue to count its participation.on that contract toward overall and contract.goats. The VIDPW may not count the dollar value of work performed under a contract with a firm, after it. has ceased to be certified, toward the overall goal. The VIDPW may noi count the participation of a OBE subcontractor toward the prime contractor's: DBE achievements or the oyerall-goa! until the amount being counted toward the goal has been paid to the DBE: Over concentration shall be presumed to’ éxist in a type.of work, other than trucking work, when either of the following conditions have been met: COUNTING DBE PARTICIPATION (cont). 312345 a. More than 50% of the total number of firms ready, willing and able to: perfarm such work are. comprised of DBE-firms, or b. DBE- firms earned more than 50% of the iotal Federal-aid dollars spent on such work during the previous federai fiscal year.. Over concentration shall be presumed to-exist in-trucking work when both the follwing conditions have been met: . a. More than 80% of the total number of firms. ready, willing and able-te perform such work are comprised of DBE firms and, b. More than 80% of the total’ Federal-aid dollars spent on.such work during the previous federal fiscal year was earned by: DBE firms. in the event a presumptiori of overconcentration. arises pursuant to the aforementioned sections, VIDPW shall make further investigation to determine if the presumption of overconcenitration in a type of wark is rebuited by a review of the totality of the circumstances. Such review shall consider whether a false presumption of overconcentration. is resulting from extraneous influences such: as the geographic location of the work versus the geographic. location of the DBE and non-DBE firms involved, the riumber and size of contracts. giving rise to the ‘appearance of averconcentration, and any other relevant factors. affection DBE or non-DBE participation in: the type of work, if overconceniration in a type of work is deemed by VIDPW to‘exist; measures to address the overconcentration will be devised. These measures. may include the use of incentives, technical assistance, business development programs, mentor-protégé programs and other appropriate measures designated-to assist DBE’s in performing work outside of the specific field in. which it has been determined that non-DBEs are unduly burdened. The VIDPW shail annually determine and document whether DBE firms are so over concentrated in a certain type of work as to unduly burden the opportunity of non-DBE firms fo participate in that type- of work, No credit for the use of DBEs in the type of work for which overconcentration is determined by VIDPW to exist shall be given in the event a race-conscious DBE. goal has been placed on a project, If VIDPW determines such reduced credit is required for a ‘type of wark on a project, VIDPW shall so-notify prospective bidders in the Invitation For Bids. L-12 TERMINATION / SUBSTITUTION / REPLACEMENT OF LISTED DBE FIRMS: 4. The VIDPW requires that the prime contractor not terminate for corivenience.a DBE ‘Subcontractor listed in the DBE Commitment Form A-585, or an appraved substitute DBE firm, and then perform the work of the terminated subcontract with its own forces of those of an affiliate, without thé VIDPW's prior written consent. 2. Ifa DBE subcontractor is terminated, or tie DBE fitm fails to complete its work on the contract for any reason, the VIDPW requirés. the prime contiactor to: make good faith efforts to find another certified DBE subcoritractor to substitute for the original DBE firm, These good faith efforts shall be documented and directed at finding another certified DBE to perform at least the same amount of work under the. contract as the DBE that.was terminated, ta the extent needed to count DBE participation, 3. Ifa DBE subcontractor is: unwilling of unable to perform ‘the work of the commitment made to the prime contractor, the prime contractor shall immediately notify in writing the VIDPW's: project manager, and: request to-be relieved of the commitment to use the named DBE.. The prinie contractor shail include with this request:a justification and the good faith efforts made in dealing with the hamed DBE. 4, if. the prime contractor's request to. be relieved is approved by the VIDPW, and a DBE contract | goal shortfall exists, the prime contractor shall immediately attempt to obtain sufficient DBE participation by subcontracting with other certified DBEs. 5. If the prime contractor is unable to replace the committed DBE with another or other certified DBE firms, the prime contractor shall evaluate the remaining items of work and shall document and “submit the good faith efforts made to subcontract work with certified DBEs or -to purchase materials or supplies from certified DBE suppliers for such remaining items, The VIDPW may allow a DBE contract goal waiver, adjust the DBE goal accordingly as to submitted and accepted good faith efforts, or assess’ liquidated damages as. may be appropriate, depending on the 7 individual project's overall circumstances. PROMPT PAYMENT MECHANISMS TO SUBCONTRACTORS: To ensure that all obligations under contracts awarded to DBEs are met, the VIDPW will review the contractor's DBE involvement efforts. during the performance of the contract. Primé contractors ‘shall pay all subcontractors their respective subconiract amouiit by electronic transfer, if available, for VIOPW accepted. work within ten (10) calendar days after thé-contractor receives payment for such work from the VIDPW. The contractor-will be required ta submit information as requested regarding all payments. made to DBEs and non-DBEs within ten (10) calendar days after the contractor receives payment for such work. A prime contractor shail be required to fully document any alleged disputes with its subcontractors. The. ‘contractor -shali ensure that: all situations in which regularly scheduled payments are not made to subcontractors are reported to the VIDPW. If the. prime contractor is found tobe in violation or fails. to abide by the prompt payment mechanisms, the VIDPW shall impose sanctions as stated under Penalties for Failure. to Meet Overall Goals. The contractor shall further be required to release retainage payments to the subcontractors. within thirty (30) calendar days of satisfactory completion of the entire Subcontractors work and final payment of such work by the VIDPW. RACE-CONSCIOUS MEASURES PROGRAM FOR LIQUIDATED DAMAGES: The VIDPW shail impose, where appropriate, jiguidated damages provision regarding the VIDPW's DBE Program. If at the completion of the project, the prime.contractor has failed to meet the established or reduced DBE goal, or has not demonstrated good faith efforts ahd/or has not obtained a DBE contract goal waiver, the 312545 prime contractor shall be assessed liquidated damages for the difference between the established or: reduced DBE goal and the actual DBE participation achieved. RECORD KEEPING REQUIREMENTS AND THE MONTHLY PRIME CONTRACTOR OR PRIME.CONSULTANT PAYMENT INFORMATION FORM A-644 (Appendix E): 1. The prime contractor shall keep such records as necessary fo ensure compliance with its DBE utilization obligations. 2. As requested, the prime contractor will submit all subcontracts and other financial transaction documentation executed wiih DBEs in such form, manner and conient ‘as prescribed by the: VIDPW. 3. The prime contractor must retain. all such records for at. least three (3) years after project acceptance by the FHWA following thé completion of the contract. These records shall be available for inspection by the VIDPW, the FHWA, the USDOT or other appropriately sanctioned Virgin Islands State Agencies or Federal Agencies or Departments. 4, The prime contractor's DBE liaison officer or designee shall complete the top half of Forn A-644, Monthly Contractor. DBE Participation, whether paid by the prime. contractor ‘or one of its subcontractors, and submit the form or its facsimile to the VIDPW’s project manager or designee. ‘atthe monthly estimate cutoff.date. 5.. The VIDPW will conduct, at a minimum, an annual audit. on selected construction projects to verify actual participation reported on Form A-644 Monthly Contractor DBE Participation. COMPLIANCE PROCEDURES: Whenever the VIDPW believes the recipient or the contractor or any subcontractor or supplier on a USDOT-assisted contract. may not be operating in compliance with the terms, conditions or requirements. of this DBE Program, including but not limited to, encouraging frontirig, brokering or the circumstance of a. DBE not performing a commercially useful function as defined, the VIDPW will conduct an investigation. If it is found that the recipient or the contractor or any subcontractor or supplier is not in compliance with the DBE Program or these Speciat Provisions, the non-compliant party will be notified in writing by the VIDPW. A compliance conference to discuss. the area(s}.of non-compliance may be held between the VIBPW._ and the non-compliant party or parties, In the event that the. non-compliant party or parties fails or refuses to perform in compliance with the DBE Program -or these Special Provisions, a “Notice of Non-: “Compliance” will be transmitted. {f the non-compliant party or parties corrects. the deficiencies, the “Notice of Non-Compliance” will be rescinded and the party or parties will be notified as to compliance.. lf the deficiencies are not corrected, the VIDPW will initiate administrative action against the non-compliant party or parties, which may include but not be limited to; 1. Termination of the contract. 2. Withholding an appropriate percentage of partial payments. This appropriate percentage. may be’ the amount of any proposed monetary sanction. 3. lnitiation of appropriate debarment or de-certification proceedings. 4, Referral of any unlawful actions to the appropriate enforcement agencies. 5 Other-actions as appropriate, at the discretion of the VIDPW, Updated 40/05 L-I4 312345- APPENDIX A DBE COMMITMENT FORM A-585 L-I5 312345. Form A-585 APPENDIX A DBEA Rev. 10/05 VIRGIN ISLANDS DEPARTMENT OF PUBLIC WORKS Disadvantaged Business Enterprise (DBE) Program DBE Commitment Form — A-585 (CONTRACT GOAL FOR DBE IN HIGHWAY CONSTRUCTION) Project Name: STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION Project No. _ER-VI-9999(137) Project Goal 0% DBE Subcontractor/Material Supplier (Make copies and use one form for each subcontractor/or material supplier.) Type or print legibly Item No(s). Description of Work Quantity Price/Unit Total Dollars (item, material, service) GRAND TOTAL 1. Total Amount of the Bid $. 2. Contractors DBE Participation’ 3. Contractor's DBE Liaison Officer. *Must equal or exceed established goal indicated above or bid may be rendered non-responsive. % Dollar Estimate & Participation: $ or__ % of line 1 | will abide by the Disadvantaged Business Enterprise (DBE) goal set forth for this project and hereby submit the names of the DBE firms that will participate in this project. Substitution(s) will not be allowed without prior submission of written justification to the DBE Program Manager for approval. | understand that failure to meet the foal may result in Liquidated Damages for the difference between the DBE goal and the actual DBE participation achieved. The DBE should retain copies of all quotes submitted. This statement is my assurance that agrees to comply with the requirements of the (Name of Contractor) contract, and the Virgin Island Department of Public Works’ Disadvantaged Business Enterprise Program, and all the requirements contained therein. Signature of Company Official Signature of Subcontractor/Material Supplier Date L-16 312345 Form BLCC BBE B Rev.10/05 Page lof 2 APPENDIX B NOTICE TO CONSTRUCTION CONTRACTORS BIDDERS LIST OF QUOTERS FOR THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM in accordance with 49 CFR Part 26, the Department of Public Works will establish its Annual DBE goal using a, Bidders List. The Bidders List. will be a compilatidn of all quates received by the Contractor during the advertising period. The Bidders List will be used to determine the: relative availability of DBE’s. At the.time the bid is submitted to the Contracting Officer/Department of Public Works, the Contractor shall list, on Form BLCC, the quotes received for the project, ‘using additional sheets as necessary. The listing shall include EACH quoter's name, address, telephone number, age of firm, annual gross receipts of the firm and whether the quoter is a Virgin Islands certified DBE. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RENDER A BID NON-RESPONSIVE AND THE BID SHALL BE REJECTED, The term “quoter” shall include subcontractors and suppliers of materials. with whom the Contractor contracts directly. BIDDER / CONTRACTOR: ADDRESS: TELEPHONE No.: FAX No.: PROJECT NAME: PROJECT NO.: LISTING OF QUOTERS Age of Firm Annual Gross Receipts Name { 4-2 yrs { $1000 to $100,000 Address (3-5-yrs { $100,000 to $800,000 {DBE { 6-10 yrs {$500,000 to'1,000,000 Tel, No {11-18 yrs | {$1,000,000 to $5,000,000. | { Non-DBE ” {16ormore { { $5,000,000 or more Age of Firm Annual Gross Receipts Name. 7 { 1-2 yrs {$1000 to $100,000 Address { 365 yrs { $100,000 to $500,000 {DBE { 6-10 yrs { $500,000 to'$1,000,000 Tel. No {11-48 yrs | _{ $1,000,000 to. $5,000,000 | { Non-DBE “ee {16 ormore | { $5,000,000 or more Age of Firm Annual Gross Receipts Name . {1-2'yrs { $1000 to $100,000 Address (3-5 yrs { $100,000 to $500,000 {DBE {6-10 yrs: { $500,000 to $1,000,000 Tel. No {11-15 yrs | { $1,000,000 to $5,000,000 =| { Non-DBE o— {16ormore | { $5,000,000 or more | L-1? Form BLCC APPENDIX B DBEB Rav. 10/05 Page 2 of:.2 Age of Firm Annual Gross Receipts Name: {1-2 yrs { $1000 to $100,000 . Address {3-5 yrs {$100,000 to $500,000 (DBE { 6-10 yrs. { $500,000 to $1,000,000 Teil. No. { 11-15 yrs { $1,000,000 to $5.000,000 | { Non-DBE — {16 ormore | { $5,000,000 or more Age of Firm | Annual Gross Receipts Name { 1-2 yrs { $1000 to. $100,000 Address {3-5 yrs. { $100,000 to $500,000 { DBE { 6-10 yrs { $500,000 to $1,000,000 . . Tel. No {11-15 yrs { $1,000,000 to $5,000,000 { Non-DBE _— {16 ormore | { $5,000,000 or more Age of Firm | Annual Gross Receipts Name {1-2 yrs { $1000 to $100,000 a Address (3-5 yrs { $100,000 to $600,000 { DBE { 6-16 yrs { $500,000 to $1,000,000 Tel. No {11 ormore. | { $1,000,000 to $5,000,000 | { Non-DBE , {416 ormore | { $5,000,000 or more Age of Firm | Annual Gross Receipts Name - {1-2yrs $1000 to $100,000 Address { 3-5 yrs { $100,000 to $500,000 { DBE { 6-10 yrs { $500,000 to $7,000,000 Tel, No {14-15 yrs | { $1,000,000'to $5.000,000 | { Non-DBE oo {16 or more. | { $5,000,000 or more Age of Firm =|. Annual Gross Receipts. Name ane {1-2 yrs { $1000 to $100,000 Address { 3-6 yrs { $100,000 to $500,000 { DBE { 6-10 yrs { $500,000 to $1,000,000 . Tel. No. {14-15 yrs | { $1,000,000-to. $5,000,000 | { Non-DBE ; {16.ormore | {$5,000,000 or more Age of Firm | Annual Gross Receipts Name ; { 1-2 yrs: {$1000 to $106,000 Address (3-5 yrs { $100,000 to $800,000 { DBE £ 6-10 yrs { $500,000 to $1,000,000 Tel. No {41ormore | { $7,000,000 to $5,000,000 | { Non-DBE — {16 ormore | { $5,000,000-or more Age of Firm | Annual Gross Receipts Name . (1-2.yrs. {$1000 to $400,000 Address { 3-5 yrs { $100,000 to $500,000 { DBE {6-10 yrs { $500,000 to $1,000,000 | Tel, No. £ 11-15 yrs { $1,000,000 to $5,000,000 | { Non-DBE {16ormore | { $5,000,000 or more L-18 Form BLDC APPENDIX CG DBE C Rev.10/05 Page 1-of 2 NOTICE TO DESIGN/OTHER CONSULTANTS BIDDERS LIST OF QUOTERS FOR THE | DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM In accordance with 49 CFR Part 26, the. Department of Public Works -will establish its Annuat DBE goal using a Bidders List. The Bidders List will be a campilation of all. quotes received by the Design/Other Consultant at the time of the proposal. The Bidders List will be used ta determine the relative availability of DBE’s. At the time the proposal is submitted to the Contracting Offi icer/Department of Public Warks, the Design/Other Consultant shall list, on’ Form BLDC, the quotes réceived for the project, using additional sheets as necessary. The listing shall include EACH quoter's name, address, telephone. number, age of firm, annual gross receipts of the firm and whether the quoter is a Virgin Islands certifiéd DBE. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RENDER A BID NON-RESPONSIVE AND THE BID SHALL BE REJECTED. The term "quoter" shall include subcontractors with whom the Design/Other Consultant contracts directly. DESIGN/OTHER CONSULTANT: ADDRESS: TELEPHONE No.: . FAX No.: PROJECT NAME: PROJECT NO.: LISTING OF QUOTERS Age of Firm Annual Gross Receipts Name . { 12 yrs { $1000 to $100,000 Address, f 3-6 yrs { $100,000 to $500,000 { DBE { 6-10 yrs: { $500,000 to 1,000,000 Tel. No { 11-15 yrs { $1,000,000 to $5.000,000 { Non-DBE — {16 or more | { $5,000,000 or more Age of Firm Annual Gross Receipts Name {1-2 yrs { $1000 to $100,000 a Address. { 3-5 yrs { $100,000 to $500,000 { DBE ; { 6-10 yrs { $500,000 to $1,000,000 7 Tel. No {14-15 yrs | { $4,000,000 to $5,000,000 { Non-DBE vo {16 ormore | { $5,000,600 or more Age of Firm Annual Gross Receipts Name {1-2 yrs. { $1006 to $100,000 Address (3-5 yrs { $100,000 to $500,000 { DBE (6-10 yrs { $500,000 to $1,000,000 a “Tel. No.. {11-15 yrs | { $1,000,000 to $5,000,000 { Non-DBE —" {16 ormore | { $5,000,000 or more L-19 Form BLDC APPENDIX GC DBE GC: Rev.10/05 Age of Firm | Annual Gross Receipts Name | {1-2 yrs { $1000 to $100,000 Address, (3-5 yrs { $100,000 to $500,000 { DBE { 6-10 yrs { $500,800 to $1,000,060 Tel. No {14-45 yrs | {$1,000,000 to $5.000,000 { Non-DBE. ef, No. {16 ormore | { $5,000,000 or more Age of Firm Annual Gross Receipts Name. . { 1-2 yrs { $1000 to $100,000 Address. {3-5 yrs £ $100,000 to $500,000 {DBE { 6-10 yrs. { $500,000 to $1,000,000 Tel. No { 14-15 yrs { $1,000,006 to $5,000,000 { Non-DBE _— {16 ormore | { $5,000,000 or triore Age of Firm Annuai Gross Receipts Name { 1-2 yrs { $1000 to $100,000 Address {3-5 yrs { $100,000 to $500,000 { DBE { 6-10 yrs { $500,000 to $1,000,000 - Tel. No {11 o0rmore | { $1,000,000 to $5,000,000 { Non-DBE. — {716 ormore | { $5,000,000 or more Age of Firm | Annual Gross Receipts Name ; ce {1-2 yrs { $1000.to $100,000" a Address, {3-5 yrs { $100,000 to $500,000 { DBE {6-10 yrs | { $500,000 to $1,000,000 | Tel. No { 11-45 yrs’ { $1,000,000 to $5.000,000 { Non-DBE — {16ormore | { $5,000,000 or more Age of Firm | Annual Gross Receipts - { 1-2 yrs { $1000 to $100,000. Address { 3-8 yrs { $100,000 to $500,000 { DBE { §10.yrs { $500,000-to $1,060,000 Tel,.No {11-15 yrs | {$1,000,000 to $5.000,000 { Non-DBE _ {16 or more. | { $5,000,000 or more Age of Firm | Annual Gross Receipts Name { 1-2 yrs { $1000 fo $100,000 Address { 3-5 yrs { $100,000 to $500,000 { DBE { 6-10 yrs { $500,000 to $1,000,000. Tel, No {11-45 yrs. | { $1,000,000 to $5.000,000 { Non-DBE an {16 ormore | { $5,000,000 or more L-20 Form D APPENDIX D DBE B Rav. 10/05" VIRGIN ISLANDS Department of Public Works Disadvantaged Business Enterprise (DBE) Program CERTIFICATION.OF CONSULTANT OR OFFEROR FOR DBE ANNUAL STATE GOAL hereby certify that | am the (Titte} and, duly authorized representative of (Name of Firm) whose address is , and acknowledge and certify as follows: (a) Understand that the Virgin Islands Department of Public Works. Disadvantaged Business Enterprise (DBE) Program has an annual. state goal, which this firm will seek to attain according to the DBE Program previsions. (b) Agreed, as an express or implied condition for obtaining the. . contract, fo comply by the provisions of Title 49. Code of the Federal Regulation Part 26 as it pertains to Disadvantaged Business Enterprise Program. Except.as here expressly stated (if any): [ acknowledge. that this certificate is to be furnished to the Virgin Islands Department of Public Works Civil Rights / DBE Program Office, and the Federal Highway Administration, (if applicable), in connection with this. contract involving participation of Federal-Aid highway funds (if applicable), and is subject to applicable State and Federal laws, both criminal and civil (if applicable). Date Signature (Print Name) L-21 Form A-644 DBEE Page 1 of 2. REV, 10/05 _APPENDIX E VIRGIN ISLANDS. Départment of Public Works MONTHLY PRIME CONTRACTOR OR PRIME CONSULTANT PAYMENT INFORMATION To Be Completed by Prime Contractor/Consultant: Project Phase One__; Two__;Three___ (Project Phasing does not-apply to Construction. Projects} - ITEM OR WORK NAME OF SUBCONTRACTOR OR. DBE ACTUAL DESCRIPTION MATERIAL SUPPLIER YESING | PAYMENTS THIS PERIOD IF ANY FIRM LISTED ABOVE IS 4 MATERIAL SUPPLIER, BUT NOT THE MANUFACTURER, THE CONTRACTOR | MAY. CREDIT ONLY 60% OF THE EXPENDITURE TO THE SUPPLIER FOR FINAL PAYMENT. Project Name: Project No. Contractor or Consultant: Project Contro! No, Reporting Period DBE Participation Annual Goal: . Original Contract Amount: $ THRU Contract Dollar Paid to Date'$ % Time used SUMMARY OF PAYMENT INFORMATION Monthly Estimate No.. a, Previous actual payments to. DBEs -g. Previous actual payments. to hon DBEs b. Actual payment to DBEs this period _h. Actual payment to non DBEs: ‘this period .c. Total actual payments to DBEs to date i, Total-actual payments to non DBEs to date d. Total actual payments to prime to date i. Total actual payment'to prime this period e, Total % of actual payments. paid to DBEs to date k. Total % of actual payments paid to non DBEs.-to date. f. Total actual payments fo Prime less Subs to date. i. Total actual payments .to all Subs L-22 Form A-644 APPENDIX E DBEE | Page of 2 Rev, 10/05 Name:. Telaphone No, Tithe: | certify thatthe above amount has been paid to the DBE.Subcontracter / Material Supplier: By: Signature Print Name/Title Subscribed and sworn to before me this. day of YEAR, NOTARY PUBLIC My Commission Expires: L-23 he A fl, WIAGED y y € rs % & Rp Ry SE PRO eal Nelson Petty, Jr., Commissioner Tel: (340) 773-1290 Fax: (340) 778-8906 (St. Croix) Shelton.shulterbrandt@dpw.vi.gov by day dar & Tel: (340) 776-4844 Fax: (340) (77-8994 (St. Thomas) mfarrington 7@yahoo.com David Mapp, Executive Director (340) 774-1629 (St. Thomas) (340) 778-1012 (St. Croix) WWwW.Vviport.com The Disadvantaged Business Enterprise (DBE) Programs of the Virgin Islands of the Virgin Islands Department of Public Works and Virgin Islands Port Authority have prepared a DBE DIRECTORY OF FIRMIS, containing information related to businesses owned and controlled by minorities and women currently certified with the Uniform Certification program. The firms listed have met all certification standards set forth in the Code of Federal Regulation (CFR), Title 49 - Transportation. Contractors use the Directory as a basic resource for soliciting participation on Department of Transportation (DOT) - assisted projects. If a firm is not certified as a DBE, A contractor cannot receive credit toward achievement of the DBE participation goal by using the firm. The Directory is widely disseminated to other government agencies, contractors and the general public. The information included in intended for reference only. The Directory is consistent with the DOT Regulation 49 CFR, Part 26. ATTENTION All previous issues of this directory are obsolete. Changes to firm information are highlighted. Any information duplicated or stored privately is the responsibility of the DBE firm. All DBE firms are encouraged to compare and update such information as new directories become available. ATTENTION The firms included in this Directory are certified as Disadvantaged Business Enterprise (DBE)s by the Virgin Islands Uniform Certification Program. Certification as a DBE does not pre-qualify a firm to bid on specific projects. It is the contractor's responsibility to ascertain the DBEs ability to perform on any given project. ORGANIZATION OF DIRECTORY This Directory is divided into three Sections: Section! - DBE firms are indexed by page numbers and district Section Il - DBE firms are listed alphabetically with all pertaining information Section Ill- DBE firms are categorized in the traditional contracting fields UNIFIED CERTIFICATION PROGRAM The Code of Federal Regulation (CFR) 49 Part 26, Subpart E § 26.51 (a) states all Department of Transportation (DOT) recipients in the state or territory must participate in a Unified Certification Program (UCP). The UCP intends to adhere to and embed the existing common application procedures to the uniform certification process to ensure reductions:in administrative casts and provided more opportunities for small business concerns owned and controlled. by DBE's. Any government agency certifying has the responsibility to ensure that thesé programs promote competitive viability of small disadvantaged concerns in the free market enterprise system; ensure that the certification process‘is in accordance with Federal Regulation 49 CFR, Part 23 and 26 in "narrowly tailoring requirements in increase effectiveness and reduce burdens’, in providing a one-stap shop certification process. The Virgin Islands Department of Public Works will be lead agency to coordinate the establishment of the Unified Certification Program within the Territory: The Virgin Islands Port Authority is the other component of this.agreement. The purpose of this UCP agreement is to identify reciprocal certification requirements of United States: Department of Transportation (DOT) Regulation 49 CFR, Part 23 & 26. This UCP process agreement is intended ta reduce the procedural burdens on applicants; fulfill the requirements of paperwork reduction; and reduces: confusion caused by multiple and potentially conflicting outcomes in certification decisions. Such criteria shall include but not be limited to on-site. visit, personal interviews, licenses, analysis of stock ownership listing of equipment, analysis of stocks capacity, listing of work completed, resume of-principal owners, financial capacity, and type of work preferred (where applicable}. The national standard application will be used i in accordance with the final rule. The. purpose of this UCP agreement is to identify reciprocal certification requirements af United States Department of Transportation (DOT) Regulation 49 CFR, Part 23 & 26, This UCP process agreement is intended to reduce the procedural burdens on applicants; fulfill the requirements of paperwork reduction; ‘and reduces confusion caused. by multiple and potentially conflicting outcomes in certification decisions. Such criteria shall include but not be limited to on-site visit, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of stocks capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred (where applicable). The national standard application will be used in accordance with the final rule 2012 U.S. NAICS Titles NAICS is the North American Industry Classification System. Federal procuring agencies, since October 1, 2000, must use the proper NAICS codes and sized standards in their procurement solicitations. They will use the NAICS code that-best describes the principal purpose of the praduct or service they intend ‘to acquire. How do you find you NAICS cade? NAICS Association Lookup up naics,com, Simply enter your product or service in the description area and then locate your business area. Below are some of the more commonly used.codes in the DBE Directory: 238350 237130 237310 237990 238110 238120 238140 238190 238210 238220 238320 238910 238990 324121 331419 333249 423860 424930 444120 444190 454319 483211 484110 532412 532490 541310 541320 541330 541611. 541618 541720 561110 561612 561720 561730 562111 562112 562998 811310 811412 Carpentry Contractor Alternative Energy ‘Highway,-Street and Bridge.-Construction ‘Other Heavy and Civil Engineering Construction Poured Concrete Foundation and Structure.Contractors. ‘Structural Steel and Precast Concrete Contractors Masonry Contractors: Other Foundation, Structure and Building Exterior Contractors Electrical Contractors and Other Wiring Installation Contractors Plumbing, Heating and Air-Conditioning Contractors Painting (except roof} Contractors: Site Preparation Contractors All Other Specialty Trade Contractors Asphalt Paving Mixture & Block Manufacturing {Welding Services} Other Industrial Machinery Manufacturing Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers Flower, Nursery Stock:and Florists’ Supplies Merchant Used Car Dealers Other Building Material Dealers Other Fuel Dealers Inland. Water Freight Transportation General Freight Trucking; Local (Heavy Equipment Rental) Other Commercial and industrial Machinery and Equipment Rental and Leasing Architectural Services, Landscape Architectural Services Engineering Services Administrative Management & General Management Consulting Services Other Management Consulting Services Research & Development in the Social Sciences and Humanities Office Administrative Services Security Guard Services Janitorial Services Landscape Services. Solid Waste.Callection ‘Hazardous Waste Collection Alt Other Miscellaneous Waste Management Services Commercial & Industrial Machinery & Equipment Repair & Maintenance Appliance Repair and Maintenance’ INDEX OF DBE FIRMS 2N Corporation (STT) A-9 Trucking Enterprises (STT) A&J Cleaning Services, LLC (STT) A&J Fencing (STX) A-Z General Contractors (STX) Agave Design Group, Inc. Amedee's Dumptruck Service (STX) Angie Brewer & Associates, LC (FL) Apex Construction Co. Inc. (STT) Autorize, LLC (GA) Ay - Ay Ancient Builders, LLC (STX) Bakah Construction (STX) Balbo Construction (STT) Bannis Trucking (STT) Bengoa International, Inc. (STX) Big Lee Repair & Tile Co. (STT) Billue and Associates International, LLC, (GA) Brockington & Associates (GA} Brothers Construction, Inc. (STX) Bruney's Incorporated (STT) Bryan Chick Construction Services (BCCS) (STT) Bryan's Plants & Garden Supplies, Inc. (STT) CAP Engineering, LLC (STX} CMMC Trucking & Transportation (STT) Carino's Trucking & Water Supply, Inc. (STX) Charles Electrical Services, LLC, (STT) Charles N. King, Jr. (STX) Chitolie's Trucking Service (STX) Clean Stream Environmental Consulting, LLC (STT) Commercial Security (STX) Connico Incorporated Cool Signs, LLC (STT) Countryside Development, Inc. (STX) D & B Trucking, LLC. (STX) DBE Consulting, LLC (GA) DMC Construction, Inc. (STX) Delta Electric & Construction Co., Inc. (STX) ECTAB Services (STX) Eagle Construction (STX) Earth Designs, Inc. (STT) Electrical Services International, LLC. (STT) ELEVEN CONSTRUCTION, LLC (STX) Eric's Construction (STT) Family Trucking (STT) co oO OO oO ww wo wo 10 10 10 10 11 11 11 11 12 12 12 12 13 13 13 13 14 14 14 14 a5 15 15 15 16 16 16 16 7 17 17 17 18 18 18 18 First Rate Painting & Maintenance (STX) Fleming Trucking (STT) Fortress Electrical Corp. (STT) Four Star Construction, LLC (STT) Francis #1 Masonry (STT} Galaxy Trucking (STX) Grade-All Heavy Equipment, Inc. (STT) Great Ground Enterprises (STT) Hammerhead Construction, LLC (STT) Heights Construction (STX) Huggins Trucking (STT) Hunt Trucking (STX) Instrument & Controls Systems, Inc, (STX) JLR Construction & Maintenance, Inc. (STT) JNO's Construction & Maintenance (STX) JRL Heavy Equipment (STX) Jeremiah Felicien (STX) Jerome R. Matthews (STX) Joe’s Carpentry (STX) LA Vega Enterprise, LLC (STT) LA View, LLC (STT) LB Construction (STT) Labour Construction (STT) Lake's Trucking & Heavy Equipment Rental & Road Striping (STX) Laurencin Backhoe & Towing Service (STX} Lucien George Construction (STT) M & M Supply Co., Inc (STT) M3COM, LLC (STX) Marco St. Croix, Inc. (STX) Master Pavement Line Corporation (PR) Mickey's Construction (STX) Mirko M. Restovic (STX) Mo Mulching, LLC (STX) Moses Equipment (STX) N.R. Electric (STX) Naithram Ragbir (STX) Navarro Landscaping & Yard Maintenance (STX) Neon Construction, Inc. (STT) Netwave Unlimited Services, LLC (STX) New Wave Development, LLC (STX) Nico’s Landscaping & Trucking (STX) Northwest Construction & Maintenance, Inc. (STX) ORTALIS PROPERTIES, LLC. (STT) Paradise Waste, Inc. Dba GT Trucking & Car Sales (STX) 19 19 39 19 20 20 20 20 21 21 21 21 22 22 22 22 23 23 23 23 24 24 24 24 25 25 25 25 26 26 26 26 27 27 27 27 28 28 28 28 29 29 29 29 Paris Dump Truck Services, LLC (STJ) Parson’s Landscaping & Lawn Care, (STX) Patrick Charles Enterprises, Inc. (STT) Patrick Senhouse (STX) Peters Electric (STT) Peter Gilles (STX) Philadelphia Suppliers, Inc. (PA) Plant Depot, Inc. (STT) Powell Construction (STT) Prima Facie, Inc. REG Services, LLC (STX) RENDCO, Inc. (STT) Rawlins Heavy Equipment, Inc. (STT) RAYCON MECHANICAL, LLC (STX) Retep Masonry (STX) Ri-Tech Construction, LLC (STT) Riley Electric, LLC (STT) Ronald A. Marie (STX) Roses Construction, Co. (STT) Rougier's Electric (STX) Ruler’s Equipment & Construction (STT) Rumina Construction Management (STT} SF General Maintenance Services, LLC (STX) SLX Infrastructure, LLC (NJ) Shadows AS, LLC (STT) Shel's Trucking & Delivery (STT) Skenny Landscaping & Maintenance Services (STX) Stone Masonry, LLC (STT) TR Quality Construction & Development, LLC (STT) T. Willie Rental (STT) Tang How Brothers, Inc. (STX) Tempaire International, Inc. (STT) Terence Bryan (STX) Thomas Trucking (STT) Tip Top Construction, Inc. (STX) Tommy's Trucking Service (STX) Triple-A Training & Security Services (STX) Triple Seven Construction (STT) Uncle Nev Construction, Inc. (STX) Universal Trucking (STT) V.I. Equipment Rental & Construction, Inc. (STT) VI Quality Control Services, Inc. (STT) V.I. Solar Depot (STX) Victor Jean Baptiste (STX) 30 30 30 30 31 31 31 31 32 32 32 32 33 33 33 33 34 34 34 34 35 335 35 35 36 36 36 36 37 37 a7 37 38 38 38 38 39 39 39 39 40 40 40 40 Virgin Global Technology (STX) 41 VEC (VIVOT EQUIPMENT CORPORATION) (STX) 41 Voneto's Trucking Service (STT) 41 Water King & Trucking Services, LLC (STT) 41 Wilson Construction (STX) 42 Zenon Construction, Inc. (STX) 42 ii™ DBE FIRMS 2N Corporation 58-4 Fortuna * P.O. Box 7404 St. Thomas, VI 00801 Phone: (340) 714-6444 Fax: (340) 777-7589 Mobile: (340) 643-3171 Email: epcarty@yahoo.net Contact Person: Neil Carty, President NAICS Codes(s): 324121 - ASPHALT PAVING MIXTURE & BLOCK MANUFACTURING 237310 - HIGHWAY STREET AND BRIDGE CONSTRUCTION 4-9 Trucking E ‘ona: Estate Subbase P.O. Box 2356 St. Thomas, VI 00803 Phone: (340) 776-1132 Fax: (340) 776-1131 Mobile: (340) 998-9539 Email: anineanytime@vipowernet.net Contact Person: Jimez Ashby, President & Operations Manager NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 562112 - HAZARDOUS WASTE COLLECTION 532412 - HEAVY EQUIPMENT RENTAL 562111- SOILD WASTE COLLECTION A&J Cleaning Services, LLC 28 Mafolie Estate * P.O. Box 2356 St. Thomas, VI 00802 Phone: (340) 715-0234 Fax: None Mobile: (340) 344-2174 Email: junneth2 @gmail.com Contact Person: Junnel Berry, Owner NAICS Code(s) 561720 — JANITORIAL SERVICES 26 Mt. Pleasant * P.O. Box 10319 Kingshill, VI 00851 Phone: (340) 772-2541 Fax: (340) 772-2541 Other: (340) 690-5422 Email: None Contact Person: Aloysius Jones, Owner NAICS Code(s): 321999 —- FENCING, PREFABRICATED SECTIONS, WOOD MANUFACTURING 331222 - CHAIN LINK FENCING, IRON OR STEEL 332618 — CHAIN LINK FENCING AND FENCE GATES A-Z General Contractors nae Smithfield, Frederiksted P.O, Box 2081 Frederiksted, VI 00841 Phone: (340) 719-7772 Fax: None Other: (340) 277-8411 Email: eonco44@hotmail.com Contact Person: Simeon Cobb, Owner 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION NAICS Code(s): a ad 55 Fish Bay 6501 Red Hook PNC #201 St. Thomas, VI 00802 Phone: (970) 396-7800 Fax: None Mobile: None Email: Contact Person: Bobi Lee Stallbaumer, President NAICS Code(s): 561730 - Landscaping Services ia ’ da Williams Delight, Frederiksted P.O. Box 1364, Kingshill St. Croix, VI 00851 Phone: (340) 772-1858 Fax: None Mobile: (340) 514-7541 (340) 513-9074 Email: None Contact Person: Leon & Roger Amedee, Owners NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL as 58th Drive East 9104 58th Drive East Bradenton, FL, 34202 Phone: (941) 757-4300 Fax: (866) 975-6748 Mobile: None Email: ceo@angiebrewer.com Website: www.angiebrewer.com Contact Person: Angie Brewer, CEO NAICS Code(s): 541611 - ADMINISTRATIVE MANAGEMENT. & GENERAL MANAGEMENT CONSULTING SERVICES 541618 - OTHER MANAGEMENT, CONSULTING SERVICES Tg LL A on ion ne. Estate Thomas 6-1 * P.O. Box 305048 St. Thomas, VI 00803 Phone: (340) 776-5180 Fax: (340) 775-7276 Mobile: (340) 690-2518 Email: apex] @viaccess.net Contact Person: Joseph Hodge, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Autorize, LLC 5964 Southland Dr. * 5964 Southland Dr. Stone Mountain, GA 30087 Phone: (770) 312-5815 Fax: (888) 475-1086 Mobile: NONE Email: billuef@bellsouth.net Contact Person: Frank Billue, President NAICS Code(s): 424692 - OTHER CHEMICAL & ALLIED PRODUCTS MERCH, WHLSLRS Ay-Ay Ancient Builders, LLC RR2 11303 Container Port, Kingshill Fd P.O. Box 3343, Frederiksted St. Croix, VI 00841-3343 Phone: (340) 772-0987 Fax: (340) 712-2384 Mobile: (340) 332-9144 Email: hmevi@yahoo.com Contact person: Peter A. Calixte, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Bakah Construction #132 Clifton Hill, Christiansted * P.O, Box 5439, Kingshill St. Croix, VI 00851 Phone: (340) 779-3661 Fax: (340) 779-3661 Mobile: (340) 771-4661 Email: rougierselectric@yahoo,com Contact Person: Benjamin T. Rougier, Owner NIACS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION I101_ Balbo Corporation 12BA-2 Frydendahl * P.O. Box 9435 St. Thomas, VI 00801 Phone: (340) 775-7918 Fax: (340) 714-7948 Mobile: (340) 513-2384 Email: balbocorp@aol.com Contact Person: Gerard Castro, Sr., President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Bannis Trucking 10H Nadir * P.O. Box 1193 St. Thomas, VI 00804 Phone: (340) 779-1667 or (340) 642-2781 Fax: None Mobile: None Email: None Contact Persons: Ophelia Bannis, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL Bengoa International. Inc #7 Peter’s Rest Shopping Center, Suite 7, Christiansted * P.O. Box 7150, Sunny Isle St. Croix, USVI 00823 Phone: (340) 778-3404 Fax: (340) 719-6013 Mobile: (340) 513-3223 Email: edgarbengoa@gmail.com Contact Person: Edgar L. Bengoa, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 238220 - PLUMBING, HEATING AND AIR CONDITIONING CONTRACTS Big L i ile 103 ABC Smith Bay * P.O. Box 9681 St. Thomas, VI 00801 Phone: (340) 775-7797 Fax: (340) 775-3590 Mobile: None Email: None Contact Person: Leroy Gordon, Owner NAICS Code: 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION faa 1 i ssociates International. L 5964 Southland Dr. * 5964 Southland Dr. Stone Mountain, GA 30087 Phone: (770) 312-5815 Fax: (888) 475-1086 Mobile: None Email: billuef@bellsouth.net Contact Person: Frank Billue, President NAICS Code(s): 541611 - ADMINISTRATIVE MANAGEMENT. & GENERAL MANAGEMENT CONSULTING SERVICES Brocki i Acacinins | 6611 Bay Circle * 6611 Bay Circle, Suite 220 Norcross, GA 30071 Phone: (770) 662-5807 Fax: (770) 662-5824 Mobile: (678) 638-4124 Email: andrewscarr@hotmail.com Contact Person: Andrew Scarr, Operations Coordinator NAICS Code(s): 541720- RESEARCH & DEVELOPMENT IN THE SOCIAL SCIENCES AND HUMANITIES Brothers Construction. Inc. 30 Estate Cottage, Christiansted * P.O. Box 194, Kingshill St. Croix, VI 00851 Phone: (340) 778-5052 Fax: (340) 778-6625 Mobile: (340) 690-2959 Email: cromwell@island.vivom Contact Person: Errol Cromwell, Owner NAICS Code: 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 394 - 313 Hidden Valley Eo P. 0. Box 6828 St. Thomas, VI 00804 Phone: (340) 775-2063 Fax: (340) 775-2063 Mobile: (340) 771-2378 Email: abruney@hotmail.com or precisebuilders@hotmail.com Contact Person: Alex Bruney, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238990 - ALL OTHER SPECIALTY TRADE CONTRACTORS 561730 - LANDSCAPING SERVICE 484110 - GENERAL FREIGHT TRUCKING, LOCAL 132)... hi struction Servic 2BA-4 West Caret Bay Eg 2BA-4 West Caret Bay St. Thomas, VI 00802 Phone: (340) 775-4957 Fax: (340) 775-3056 Mobile:(340) 690-0909 Email: bccs@viaccess.net Contact Person: Glenda Singh, Managing Partner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 561730 - LANDSCAPING SERVICE B 's Plants & Garden Supplies. I 7945 Estate Dorothea * 7945 Estate Dorothea St. Thomas, VI 00802 Phone: (340) 774-1136 Fax: (340) 776-1138 Mobile: (340) 513-1243 Email: bryansplants@hotmail.com Contact Person: Jackie Newburger, President NAICS Code(s): 444210 - LAWN & GARDEN EQUIPMENT & SUPPLIES STORE 453998 - FLOWER SHOPS, ARTIFICIAL OR DRIED CAP Engi ing. LLC 164 Union Mt. Washington, Christiansted * 5002 Est. Tipperary, Christiansted St. Croix, VI 00820 Phone: None Fax: None Mobile: (340) 277-0810 Email: pascalc@capengineeringllc.com Website: www.capengineeringllc.com Contact Person: Cara A. Pascal, Managing Member NAICS Code(s): 541330 - ENGINEERING SERVICES MCT Estate Nadir #33130 * P.O. Box 11614 St. Thomas, VI 00801 Phone: (340) 775-4888 or (340) 776-8311 ext 1050 Fax: (340) 714-6315 Mobile: (340) 513-1536 Email: sweetccb@yahoo.com or clbrewley@srmedicalcenter.org Contact Person: Carolyn C. Brewley, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 143 Carino' i Water Supply, Inc. #13 W Estate Bethlehem, Frederiksted * P. O. Box 2694, Frederiksted St. Croix, VI 00841 Phone: (340) 778-3113 Fax: (340) 778-3226 Mobile: (340) 643-0588 Email: None Contact Person: Anastacio Carino, President NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 532412-HEAVY EQUIPMENT RENTAL 238910-SITE PREPARATION CONTRACTORS Charles Blereical servi LLC 18B-2 Lindberg Bay * P. 0. Box 9624 St. Thomas, VI 00801 Phone: (340) 714-8066 Fax: (340) 714-8066 Mobile: (340) 998-8066 Email: charles@charleselectric.vi Website: www.charleselectricvi.com Contact Person: Covey Charles, President NAICS Code(s): 238210 - ELECTRICAL CONTRACTOR har 6GA Peter's Rest, Christiansted * P. O. Box 1138. Christiansted St. Croix, V1 00821 Phone: (340) 773-9525 Fax: (340) 773-3267 Mobile: (340) 643-9525 Email: deltaele@viaccess.net Contact Person: _— Charles N. King, Jr., Owner NAICS Code(s): 238210 - ELECTRICAL CONTRACTOR om #2 & #4 Casava Gardens, Christiansted * P O. Box 2738, Kingshill St. Croix, V100851 Phone: (340) 719-9378 Fax: (340) 719-9378 Mobile: (340) 332-1555 Email: chitolietrucking@yahoo.com Contact Person: Allan G, Chitolie, Owner NAICS Code(s): 238910-SITE PREPARATION CONTRACTORS 454319 - OTHER FUEL DEALERS 532412 - HEAVY EQUIPMENT SERVICE RENTAL 484110 - GENERAL FREIGHT TRUCKING, LOCAL l141_ ean $ m Environmen o ing, LLC 17-3 Estate St. Peters * 17-3 Estate St. Peters St. Thomas, VI 00802 Phone: (206) 819-9908 Fax: (206) 367-2544 Mobile: None Email: marystiehler@cleanstreamenviro.com Website: www.cleanstreamenviro.com Contact Person: Mary Stiehler, Principle Geologist NAICS Code(s): 541620 - ENVIRONMENTAL CONSULTING SERVICES 70B Sub Base Fn P. 0. Box 306840 St. Thomas, VI 00803 Phone: (340) 774-5000 Fax: (340) 774-3809 Mobile: (340) 718-4100 Email: css@islands.vi Contact Person: Cheryl Brown, President NAICS Code(s): 561612 - SECURITY GUARD SERVICES 541618 - OTHER MANAGEMENT CONSULTING SERVICES Connico Incorporated 2594 N Mount Juliet Road * 2594 N Mount Juliet Road Mt. Juliet, TN 37122 Phone: (615) 758-7474 Fax: NONE Mobile: NONE Email: dbe@connico.com Contact Person: Connie Gowder, President NAICS Code(s): 541611 —- ADMINISTRATIVE MANAGEMENT. & GENERAL MANAGEMENT CONSULTING SERVICES Cool Signs, LLC 6100 Red Hook ok 6100 Red Hook Qtr C2-1 St. Thomas, VI 00802 Phone: (340) 775-0549 Fax: (340) 775-7152 Mobile: (340) 643-4459 Email: info@coolsignsvi.com Contact Person: _ Jill Farley, Owner NAICS Code(s): 541430 - GRAPHIC DESIGN SERVICE ls ountr ide Developm Inc. b i #130 Grove Place, Frederiksted * P. 0. Box 696, Kingshill St. Thomas, VI 00851 Phone: (340) 692-6045 Fax: (340) 778-4206 Mobile: (340) 690-9392 Email: tach68@hotmail.com Contact Person: Dwayne Fergus, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREPARATION CONTRACTOR ane Whim P O. Box 3498, Frederiksted St. Croix, VI 00841 Phone: (340) 277-6892 Fax: None Mobile: (340) 277-4646 Email: sheneba@msn.com Contact Person: Dave Edwards, Sr., Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL aoe Oak Dr., Rockdale 2345 Wellborn Hills Ct. Lithonia, Delcalk, GA 30058 Phone: (404) 966-3575 Fax: None Mobile: None Email: kimconsulting@gmail.com Contact Person: Kimberly Griffin, CEO NAICS Code(s): 541611 - ADMIN. MNGMNT. & GEN. MNGMNT. CONSULTING SERVICES DMC Construction, Inc. 38 King Street, Christiansted P. 0. Box 503, Kingshill St. Croix, VI 00851 Phone: (340) 719-0797 or (340) 692-5905 Fax: (340) 719-0797 Mobile: (340) 643-4649 Email: None Contact Person: Masford Christmas, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDE CONSTRUCTION l16L_ Del ectric & Con cti ‘ompany, Inc. #6-GB Peter's Rest, Christiansted * P. 0. Box 1138, Christiansted St. Croix, VI 00821 Phone: (340) 773-9525 Fax: (340) 773-3267 Mobile: (340) 643-9525 Email: deltaele@viaccess.net Contact Person: Charles N. King, Jr. President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238210 - ELECTRICAL CONTRACTORS ECTAB Services 8AA Estate Cottage * P. 0. Box 5672, Christiansted St. Croix, VI 00823 Phone: (340) 773-6966 Fax: (340) 773-6966 Mobile: (340) 643-0548 Email: None Contact Person: Eusebio Christian, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238990 - ALL OTHER SPECIALTY TRADE CONTRACTORS 484110 - GENERAL FREIGHT TRUCKING, LOCAL Eagle Construction 2A New Street * P. 0. Box 8650, Christiansted St. Croix, VI 00823 Phone: None Fax: None Mobile: (340) 227-2293 Email: None Contact Person: Eduardo Martin Sr., owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Earth Designs, Inc. 2E-7 Caret Bay * P.0.1235 St. Thomas, VI 00804 Phone: (340) 344-7199 Fax: None Mobile: None Email: nchapmanvi@yahoo.com Contact Person: Elnora Chapman, President NAICS Code(s): 561730 - LANDSCAPING SERVICES 7 ir. te inti Mainten e eae 90 Williams Delight P. O. Box 5067, Kingshill St. Croix, VI 00851 Phone: (340) 773-0444 Fax: None Mobile: (340) 227-1357 Email: None Contact Person: Marco Blackman, Owner NAICS Code(s): 235320 - PAINTING (EXCEPT ROOF) CONTRACTORS elie Est. Tutu #148-141 Est. Tutu St. Thomas, VI 00802 Phone: (340) 775-9420 Fax: (340) 775-9420 Mobile: (340) 690-4361 Email: roydefleming@hotmail.com Contact Person: Geoffrey R. Fleming, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 114 Sub Base * P. O. Box 10188 St. Thomas, VI 00801 Phone: (340) 776-2962 Fax: (340) 776-0042 Mobile: None Email: None Contact Person: Audain Brown, President NAICS Code(s): 238210 - ELECTRICAL CONTRACTORS F #1 44 Contant * P. O. Box 301792 St. Thomas, VI 00803 Phone: (340) 777-3911 or (340) 776-7744 Fax: None Mobile: (340) 690-2118 Email: fourstarconstruction4@yahoo.com Contact Person: Roystin David, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION l191_ Electrical Services International, LLC 3616 SW 90t Ave, * 3616 SW 90 Ave. Miramar, FL 33025 Phone: (678) 522-0445 Fax: None Mobile: None Email: d.t.donovan@att.net Contact Person: Dale Donovan, Owner NAICS Code(s): 541611 - ADMIN MGMT. & GEN. MGMT. CONSULTING SVS. 541618 - OTHER MGMT CONSULTING SVS. 541990 - ALL OTHER PROF., SCIENTIFIC & TECH. SVS. 10C Estate Cottage, Christiansted * 10C Estate Cottage, Christiansted St. Croix, V1 00820 Phone: (340) 713-1100 Fax: (340) 718-8061 Mobile: (323) 229-7862 or (340) 514-2003 Email: _patrick.vivot@gmail.com Contact Person: _ Patrick Vivot, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION ¥ i on 24-1 Estate Hope Fd P. 0. Box 306693 St. Thomas, VI 00803-6693 Phone: (340) 777-9875 or (340) 776-2801 Fax: (340) 777-9875 Mobile: None Email: None Contact Person: Eric LeBlanc, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION F Subbase 21 Pa P. O. Box 11863 St. Thomas, VI 00801 Phone: None Fax: (340) 777-8320 Mobile: (340) 690-2819 Email: familytruckingvi@hotmail.com Contact Person: Roger Green, Owner NAICS Code(s); 484110 - GENERAL FREIGHT TRUCKING, LOCAL 561730 - LANDSCAPING SERVICES lel Franci 1 Mason rvic otlehce Estate Lindberg Bay St P. O. Box 503295 St. Thomas, VI 00805 Phone: (340) 775-9925 Fax: None Mobile: (340) 626-8361 Email: None Contact Person: Ferdinand Francis, owner 238140 - MASONRY CONTRACTOR NAICS Code(s): rie Mount Pleasant, Frederiksted P. 0. Box 2867, Kingshill St. Croix, VI 00851 Phone: (340) 718-6616 Fax: None Mobile: (340) 513-2520 Email: None Contact Person: Mikey Joseph, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL Grade-All Heavy Equipment, Inc. a Sub Base 8168 Crown Bay marina, Suite 310 PMB 373 St. Thomas, VI 00802 Phone: (340) 776-3355 Fax: (340) 774-1300 Mobile: (340) 513-1275 Email: Cc. a Cc Contact Person: Eric Castro, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL Great Grounds Enterprises #2 Estate Wintberg F P. 0. Box 9073 St. Thomas, VI 00801 Phone: (340) 775-2220 Fax: None Mobile: None Email: ottley@viaccess.net Contact Person: Anthony Ottley, Owner NAICS Code(s): 561730 - LANDSCAPE SERVICES 1201 Hammerhead Construction, LLC 1B Gasverks Gade * 6100 Leeward Way #14 St. Thomas, VI 00802 Phone: (340) 244-4844 Fax: None Mobile: None Email: None Contact Person: Stephen Rivera, Owner NAICS Code(s): 238350 - CARPENTRY CONTRACTORS 238140 - MASONRY CONTRACTOR 238320 ~- PAINT CONTRACTOR 331419 - INSTALLATION OF FENCES 561730 - LANDSCAPING SERVICES 489 Frangipani, Christiansted ok P.O. Box 1818, Kingshill St. Croix, VI 00851 Phone: (340) 779-3763 Fax: (340) 779-3381 Mobile: (340) 513-3051 Email: julswanston@yahoo.com Contact Person: Elroy Swanston, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 19-2-51 Smith Bay * P. O, Box 11341 St. Thomas, VI 00801 Phone: (340) 715-1099 Fax: (340) 779-6920 Mobile: (340) 643-5696 Email: None Contact Person: Reynold L. Huggins, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL Hunt Trucking #223 Estate Cottage, Frederiksted * P. O. Box 5362, Kingshill St. Croix, VI 00851 Phone: (340) 692-0043 Fax: (340) 692-0043 Mobile: (340} 690-2908 Email: None Contact Person: John Hunt, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL [211 Instrument & Control Systems, Inc. 109 Estate Castle Coakley * P. 0. Box 1860, Kingshill St. Croix, V1 00851 Phone: (340) 778-7475 Fax: (340) 778-7823 Mobile: None Email: Idiaz@icsvi.com Contact Person: Leonard Diaz, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238210 - ELECTRICAL CONTRACTORS R 15-A Lubdberg Bay * 105H Whim, Frederiksted St. Croix, VI 00840 Phone: (340) 778-0047 Fax: (340) 778-0047 Email: Mobile: (340) 344-1966 jlrcomaint@viaccess.net Contact Person: Jose L. Rodriquez, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION [INO's Construction & Maintenance igs Mon Bijou, Christiansted P. O. Box 4588, Kingshill St. Croix, V1 00851 Phone: (340) 778-0127 Fax: (340) 779-3535 Mobile: (340) 226-6026 Email: None Contact Person: Mervyn George, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION nas Upper Love, Frederiksted P. O. Box 4275, Kingshill St. Croix, VI 00851 Phone: (340) 692-6025 Fax: None Mobile: (340) 642-0219 Email: None Contact Person: Joseph Lestrade, Owner NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 484110 - GENERAL FREIGHT TRUCKING, LOCAL 1221 remia icien (dba Felicien Trucki 195 Estate St. Georges, Frederiksted Bd P. 0. Box 5272, Kingshill St. Croix, VI 00851 Phone: None Fax: None Mobile: None Email: None Contact Person: Jeremiah Felicien, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL erome R. Matthews forme Billy & 125C & BD Estate Whim, Frederiksted * P. O. Box 5218, Kingshill St. Croix, VI 00851 Phone: (340) 692-5638 Fax: (340) 692-5638 Mobile: (340) 474-9699 Email: None Contact Person: Jerome Matthews, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238220 - PLUMBING, HEATING & AIR CONDITIONING CONTRACTORS 561730 - LANDSCAPING SERVICES Joe's Carpentry 128 Estate Ruby, Christiansted * PO Box 7381, Christiansted St. Croix, VI 00823 Phone: (340) 719-8890 Fax: None Mobile: (340) 227-5790 Email: rwsylvesterj@hotmail.com Contact Person: Roosevelt S. Joseph, Owner NAICs Code(s): 238350 - CARPENTR Y CONTRACTORS Vi 355 Estate Wintberg * P.O. Box 8046 St. Thomas, VI 00801 Phone: None Fax: None Mobile: (340) 513-7331 Email: None Contact Person: Alexandra Carmona, Owner NAICS Code(s): 238350 - CARPENTRY CONTRACTORS 532412 - HEAVY EQUIPMENT RENTAL 238140 - MASONRY CONTRACTOR 484110 - GENERAL FREIGHT TRUCKING, LOCAL 562111 - SOLID WASTE COLLECTION [23 LA View, L ios u 14A Nore Gade * P. 0, Box 379 St. Thomas, VI 00802 Phone: (340) 774-0888 Fax: (770) 234-4271 Mobile: (340) 643-4739 Email: _infor@ascenciosconstruction.com Contact Person: Helen E. Lupo, Interior Designer NAICS Code(s): 238350 - CARPENTRY CONTRACTORS 238140 - MASONRY CONTRACTOR 238320 - PAINTING CONTRACTORS LB Construction 46-7 Estate Frydenhoj * P.O. Box 301932 St. Thomas, VI 00803 Phone: (340) 775-6782 Fax: (340) 715-3697 Mobile: None Email: None Contact Person: Ludence Turnbull, Owner NAICS Code(s): 237310 -HIGHWAY, STREET AND BRIDGE CONSTRUCTION 2105 Bonne Esperance * 2105 Bonne Esperance St. Thomas, VI 00802 Phone: (340) 715-0085 Fax: None Mobile: None Email: None Contact Person: Ericson Revan, Owner NAICS Code(s): 237310 -HIGHWAY, STREET AND BRIDGE CONSTRUCTION ke's Trucking, Equipment Rental S 16AJ Estate Calquohoun, Frederiksted * P. O. Box 465, Kingshill St. Croix, V1 00851 Phone: (340) 778-1422 Fax: (340) 778-1422 Mobile: (340) 626-3314 or (340) 626-3312 Email: lakesheavyequipment@yahoo.com Contact Person: George E. Lake, Sr., Owner NAICS Code(s): 238990 - ALL OTHER SPECIALTY TRADE CONTRACTORS 238910 - SITE PREPARATION CONTRACTOR 484110 - GENERAL FREIGHT TRUCKING, LOCAL 532412 - HEAVY EQUIPMENT RENTAL [241 urenci B it] owl S ice pio Estate Plessen, Frederiksted P. O. Box 6745, Christiansted St. Croix, VI 00823 Phone: (340) 772-3364 Fax: None Mobile: (340) 473-8264 Email: None Contact Person: Laurence Laurencin, Owner NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 488410 - MOTOR VEHICLE TOWING i ee Anna’s Retreat P. O. Box 10005 St. Thomas, VI 00801 Phone: None Fax: None Mobile: (340) 998-3869 Email: None Contact Person: Lucien George, Owner NAICS Code(s): 238140 - MASONRY CONTRACTOR ‘ge Crown Bay P.O. Box 55 St. Thomas, VI 00804 Phone: (340) 776-2953 Fax: (340) 776-5344 Mobile: (340) 690-9836 Email: mmsupplyco@yahoo.com Contact Person: Mervin Fleming, Owner NAICS Code(s): 424690 - OTHER CHEMICAL AND ALLIED PRODUCTS MERCHANTS WHOLESALERS M3COM, LLC aad 0 Strand Street, Frederiksted #210 Strand Street, Ste. 1, Frederiksted St. Croix, VI 00840 Phone: (340) 244-7770 Fax: (703) 7269277 Mobile: (703) 264-1700 Email: freitas@m3comva.com Contact Person: Jeffery Freitas, Co-Owner NAICS Code(s): 517911 - TELECOMMUNICATIONS RESELLERS [251 cos i Cc. 222 & 223, Kingshill * P. 0. Box 5678, Christiansted St. Croix, VI 00823 Phone: (340) 778-1035 Fax: (340) 719-0580 Mobile: (340) 771-7000 Email: marcostcroix@gmail.com Contact Person: Shawn Baptiste, President NAICS Code(s): 483211 - INLAND WATER FREIGHT TRANSPORTATION 484110 - GENERAL FREIGHT TRUCKING, LOCAL 532412 - HEAVY EQUIPMENT RENTAL 561730 - LANDSCAPING SERVICES 562111 - SOLID WASTE COLLECTION 238910 - SITE PREPARATION CONTRACTORS Master P tLine C ti Complejo Industrial Maria L. Arcelay, Mayaguez * P. 0. Box 6534 Mayaguez, PR 00681 Phone: (787) 254-5463 Fax: (787) 255-5463 Mobile: (787) 646-1841 Email: masterpavementline@hotmail.com Contact Person: Carlos D. Acosta Martin, President NAICS Code(s): 238990 - ALL OTHER SPECIALTY TRADE CONTRACTOR Mi 's Constructi #134 Clifton Hill, Christiansted * P. O. Box 4113, Kingshill St. Croix, VI 00851 Phone: (340) 773-8379 Fax: (340) 778-1100 Mobile: (340) 643-5576 Email: None Contact Person: Elrose Richards, Owner NAICS Code(s): 237310 -HIGHWAY, STREET AND BRIDGE CONSTRUCTION #10 Estate Turner Hole, Christiansted * 4069 Judith Fancy, Christiansted St. Croix, VI 00820 Phone: None Fax: (208) 361-3101 Mobile: (340) 332-2937 or (340) 227-7854 Email: i i Contact Person: Mirko M. Restovic, President NAICS Code(s): 541330 - ENGINEERING SERVICES 1261 Mo Mulching, LLC * 4I Catherine’s Rest, Christiansted P.O. Box 9041 Catherine’s Rest, Christiansted St. Croix, VI 00820 Phone: None Fax: None Mobile: (340) 513-3015 Email: emaynard340@gmail.com Contact Person: Ellerton Maynard, Owner/Managing Member NAICS Code(s): 541320 - Landscape Architectural Services Moses Equipment ued Cottage, Christiansted P.O, Box 2612, Frederiksted St. Croix, VI 00841 Phone: (340) 513-4181 Fax: None Mobile: (340) 643-01 04 Email: mosesequip@gmail.com Contact Person: Melvyn Moses, Owner NAICS Code(s): 5324132 - HEAVY EQUIPMENT RENTAL NR Electric £1.00 Sion Farm, Suite #3, Christiansted P. 0. Box 1779, Kingshill St. Croix, VI 00851 Phone: (340) 773-4266 or (340) 719-3031 Fax: (340) 719-5890 Mobile: (340) 514-7122 Email: nrelectri @ ail.co Contact Person: Neil Ruan, Owner NAICS Code(s): 238210 - ELECTRICAL CONTRACTORS RA ir * #75 Peter's Rest, Christiansted #75 Peter's Rest, Christiansted St. Croix, VI 00820 Phone: (340) 773-6496 Fax: None Mobile: None Email: None Contact Person: Naithram Ragibir, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 127 Navarr Cc in ar in ce ee Estate Calquohoun, Christiansted P. 0. Box 496, Kingshill St. Croix, VI 00851 Phone: (340) 778-9180 Fax: None Mobile: (340) 643-3035 Email: None Contact Person: Francisco Navarro, Owner NAICS Code(s): 561730 - LANDSCAPE SERVICES 22 - 30 Estate Contant + P.O. Box 11063 St. Thomas, VI 00801 Phone: (340) 776-8833 Fax: (340) 714-1875 Mobile: (340) 344-6692 Email: None Contact Person: Pedrito L. George, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION “is 12 Estate Ruby, Christiansted P, O. Box 6645, Christiansted St. Croix, VI 00823-6645 Phone: (340) 513-9338 Fax: None Mobile: (340) 514-0956 Email: Contact Person: Web: www.netwaveservices.com Luis R. Torres, Director of Operations NAICS Code(s): 238210 - ELECTRICAL CONTRACTORS & OTHER WIRING INSTALLATION CONTRACTORS New Wave Development, LLC ‘a Peters Rest, Christiansted P. 0. Box 5529, Christiansted St. Croix, VI 00820 Phone: (340) 778-9283 Fax: (340) 778-8741 Mobile: (340) 244-7012 Email: newwavedevelopment@gmail.com Contact Person: Jayson Cintron, General Manager NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 541320 - LANDSCAPE ARCHITECTURAL SERVICES 1281 Nico’s Lan i T 13GA Estate Bethlehem oe P, 0. Box 2147, Frederiksted St. Croix, VI 00841 Phone: None Fax: None Mobile: (954) 501-5543 Email: ic i Contact Person: Nicodemus Felicien, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 541320 - LANDSCAPE ARCHITECTURAL SERVICES Nort! C ion & Mai 1 2D La Grande Princesse * P. 0. Box 2017, Kingshill St. Croix, VI 00851 Phone: (340) 718-5007 Fax: (340) 718-5887 Mobile: (340) 643-0501 Email: dove008@yahoo.com Contact Person: Curtis Prevost, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 236118 —- RESIDENTIAL REMODELERS 532412 - HEAVY EQUIP. RENTAL ORTALIS PROPERTIES, LLC 3004 Estate Altona * 3004 Estate Altona, Ste. 12 St. Thomas, VI 00802 Phone: (340) 774-4056 Fax: (340) 774-3336 Mobile: (340) 344-5234 Email: bizoffice@ortalisproperties.com Contact Person: Marian Prescod, Managing Director NAICS Code(s): 327999 — ALL OTHER MISCELLANEOUS NONMETALLIC MINERAL PRODUCT MNECT. Paradise Waste, Inc. (dba GT Trucking & Car Sales) #129 Castle Coakley, Christiansted ok P. 0. Box 302, Christiansted St. Croix, VI 00821 Phone: (340) 778-6090 Fax: (340) 778-7700 Mobile: (340) 626-6399 Email: viwaste@yahoo.com Contact Person: Gary Thomas, President NAICS Code(s): 441120-USEDCARSALES 484110 -GENERAL FREIGHT TRUCKING, LOCAL 562111 - SOLID WASTE COLLECTION 541320 - LANDSCAPE ARCHITECTURAL SERVICE 811310- COMMERCIAL & INDUSTRIAL MACHINERY & EQUIP. REPAIR & MAINT, i291 aris Dump T ic #5GA Pastory Ed P. 0. Box 1594 St. John, V1 00831 Phone: (340) 774-0725 Fax: (340) 774-0725 Mobile: (340) 690-5405 or (340) 642-3018 Email: parisvi@powernet.net Contact Person: Alrich Paris, President NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL ’s Lan i are 232 B Estate Glynn * P. O. Box 841, Kingshill St. Croix, VI.00851 Phone: (340) 719-6085 Fax: None Mobile: (340) 998-0160 Email: johnparsonslandscaping@gmail.com Contact Person: Lestor Parsons, Owner NAICS Code(s): 238350 - FINISH CARPENTRY CONTRACTOR 561720 —- JANITORIAL SERVICES 236118 - RESIDENTIAL REMODELERS 561730 - LANDSCAPING SERVICES 238320 - PAINTING AND WALL COVERING CONTRACTORS Pisce Chavteg Raperorieas.J #124 Sub Base * P, 0. Box 308358 St. Thomas, VI 00803 Phone: (340) 774-4539 or (340) 777-9919 Fax: (340) 777-4987 Mobile: (340) 690-0984 Email: bobby123@island.vi Contact Person: Patrick Charles, President NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 324121 -ASPHALT PAVING 541330 -ENGINEERING SERVICES 561730 -LANDSCAPING SERVICES 238910 - SITE PREPARATION CONTRACTOR 532412 - HEAVY EQUIPMENT RENTAL #3A3 Estate Calquohoun, Frederiksted * P, O. Box 7045, Christiansted St. Croix, VI 00823 Phone: (340) 719-1420 Fax: None Mobile: (340) 690-4163 Email: psenhouse@yahoo.com Contact Person: Patrick Senhouse, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL [301 Peters Electric a Frydendahl P. O. Box 597 St. Thomas, VI 00804 Phone: None Fax: None Mobile: (340) 771-3867 Email: None Contact Person: Cardinal Peters, Owner NAICS Code(s): 238210 - ELECTRICAL CONTRACTORS AND OTHER WIRE INST. CONTRACTOR * #149 Estate St. Georges, Frederiksted P. O. Box 2588, Frederiksted St. Croix, V1 0040 Phone: (340) 719-2125 Fax: None Mobile: (3400 332-7544 or (340) 771-8063 Email: original34@hotmail.com Contact Person: Gilles Peter, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL Philadelphia Suppliers, Inc. 1704 Commerce Dr. * 100 Captains Row #203 Chelsea, MA 02150 Phone: (800) 742-6550 Fax: (800) 742-0407 Mobile: None Email: philysuppliers@earthlink.net Contact Person: Karen Alexander, President NAICS Code(s): 238120-STRUCTURAL STEEL & PRECAST CONCRETE CONTRACTORS Plant Depot, Inc. 26 Charlotte Amalie * P. O. Box 503087 St. Thomas, VI 00805 Phone: (340) 775-6668 Fax: (340) 775-6667 Mobile: (340) 998-8746 Email: nchapmanvi@yahoo.com Contact Person: James Templeton, President NAICS Code(s): 561730 - LANDSCAPING SERVICES 424930 - FLOWER NURSERY STOCK AND FLORISTS. SUPPIES MERCHANT I3alL_ Powell Constructi oo Anna's Fancy P. 0. Box 773 St. Thomas, VI 00802 Phone: (340) 774-2649 Fax: None Mobile: (340) 244-6900 Email: None Contact Person: Leborne Powell, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Prima Facie, Inc, ate Ave FD Roosevelt Office 203 HC-04 Box 5759 Guaynabo, P.R. 00971-9529 Phone: (787) 756-7555 Fax: (787) 756-7557 Mobile: NONE Email: Contact Person: Gerardo E. Cisneros Sanchez, President NAICS Code(s): 238140 - MASONRY CONTRACTOR REG Services, LLC * 8D Estate Cottage P.O. Box 1931 Kingshill, VI 00851 Phone: (340) 227-6797 Fax: None Mobile: None Email: robertgoerger@sbcglobal.net Contact Person: Robert Goerger, President NAICS Code(s): 492210 - MESSENGER SERVICES DCO, | ieee Fourth Street #1408 Fourth Street St. Thomas, VI 00802 Phone: (340) 777-9394 Fax: (340) 776-0439 Mobile: (340) 771-1728 Email: None Contact Person: Philbert Edwards, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREPARATION CONTRACTOR i321 wlins He Equipmen 143A-32 Anna's Retreat * P. O. Box 7452 St. Thomas, VI 00801 Phone: (340) 775-1011 Fax: (340) 775-1011 Mobile: None Email: None Contact Person: Casper Rawlins, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREP CONT #8D Estate Cottage * P. O. Box 600, Kingshill St. Croix, VI00851 Phone: (340) 719-2645 Fax: (340) 719-2640 Mobile: None Email: raycon20@hotmail.com Contact Person: Eris Walker, CEO NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 238210 - ELECTRICAL CONTRACTOR 562122 - HAZARDOUS WASTE COLLECTION 561730 - LANDSCAPING SERVICES 811412 - APPLIANCE REPAIR AND MAINTENANCE 562998 - ALL OTHER MISCELLANEOUS WASTE MANAGEMENT SERVICES Retep Masonry #40D Estate Whim, Frederiksted * P. O. Box 2226, Kingshill St. Croix, VI 00851 Phone: (340) 778-3154 Fax: (340) 778-3154 Mobile: (340) 626-8846 Email: None Contact Person: Peter Joseph, Owner NAICS Code(s): 238140 - MASONRY CONTRACTOR #148-30 Estate Tutu * P. 0. Box 307056 St. Thomas, VI 00803 Phone: (340) 201-1736 Fax: None Mobile: None Email: None Contact Person: Vernon Caracciolo, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION (33L_ Riley Electric, LLC #2-3E Estate Bovoni oe P. 0. Box 302906 St. Thomas, VI 00803 Phone: (340) 777-4539 Fax: (340) 779-4539 Mobile: (340) 643-1498 Email: rileyelectric@yahoo.com Contact Person: Augustus Riley, President NAICS Code(s): 238210 - ELECTRICAL CONTRACTOR Ronald A. Marie #9 Clifton Hill * P. O. Box 5183, Christiansted St. Croix, USVI 00823 Phone: (340) 778-1002 Fax: None Mobile: (340) 227-4484 Email: None Contact Person: Ronald A. Marie, Owner NAICS Code(s): 235510 - CARPENTRY CONTRACTOR Roses Construction Co, #238 Anna's Retreat * P, 0, Box 9554 St. Thomas, VI 00801 Phone: (340) 775-1527 Fax: None Mobile: (340) 626-4555 Email: None Contact Person: Hilroy Joseph, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Rougier's Electric #132 Clifton Hill * P. 0. Box 5439, Kingshill St. Croix, USVI 00851 Phone: (340) 779-3661 Fax: (340) 779-3661 Mobile: (340) 642-4649 Email: rougierselectric@yahoo,com Contact Person: Benjamin T, Rougier, Owner NAICS Code(s): 238210 - ELECTRICAL CONTRACTOR (341 Ruler’s Equipment & Construction B12-13 Bovoni * P, O. Box 8895 St. Thomas, VI 00801 Phone: (340) 774-9319 Fax: None Mobile: (340) 642-6925 Email: None Contact Person: Edmund Charles, Owner NAICS Code(s): 532490 - HEAVY EQUIPMENT RENTAL ructi F i in #290 Hospital Ground * P. 0. Box 308034 St. Thomas, VI 00803 Phone: (340) 514-2788 Fax: None Mobile: None Email: None Contact Person: Franklyn Victor, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION SEG [Maint Services. LLC #114 Estate Humbug, Christiansted * P, 0. Box 1036, Christiansted St. Croix, VI 00821 Phone: (340) 773-1656 Fax: (340) 773-1656 Mobile: (340) 690-3360 Email: sinclair3360@yahoo.com Contact Person: Sinclair Fleming, Owner/Manager NAICS Code(s): 238320 - PAINTING AND WALL COVERING CONTRACTORS 561720 - JANITORIAL SERVICES 561730 - LANDSCAPING SERVICE SLX CTURE, LL 1039 Bell Street * 1039 Bell Street Toms River, NJ 08753 Phone: (732) 801-4909 Fax: (732) 377-8612 Mobile: NONE Email: bgrant@slxinficom § Website: www.slxinf.com Contact Person: Brian Grant, Principal NAICS Code(s): 423320 - BRICK, STONE AND RELATED CONSTR. MTRL. MRCHT. WHLSLS. 423390 - OTHER CONST MTRL MRCHT 541310 - ARCHITECHURAL, ENGINEERING & RLTD SVCS 541330 - ENGINEERING SVCS. 541360 - GEOPHYSICAL SRVYNG & MPPNG SVCS 1351 Shadows AS, LLC 162 Subbase * P, O. Box 303115 St. Thomas, VI 00803 Phone: (340) 777-5638 Fax: (888)-633-7557 Mobile: (340) 998-7565 Email: shadowsvi@hotmail.com Contact Person: Arun Keshap, Owner NAICS Code(s): 333249 - OTHER INDUSTRIAL MACHINERY MANUFACTURING Sh el's Tru cking & D elive r 394 - 258 Anna's Retreat * P. 0. Box 12193 St. Thomas, VI 00801 Phone: (340) 775-0643 or (340) 776-7760 Fax: None Mobile: None Email: None Contact Person: Sheldon Benjamin, Sr., Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL SI Loni jaw & Malotousnen sary! 660-41 Strawberry Hill, Christiansted + P. O. Box 2955, Frederiksted St. Croix, VI 00841 Phone: (340) 778-1877 Fax: None Mobile: (340) 277-4893 Email: miss _sylvester@yahoo.com Contact Person: Skenny David Sylvester, Owner NAICS Code(s): 541320 - LANDSCAPE ARCHITECTURAL SERVICES Stone Masonry, LLC 30 Susannaberg #17A * 5000 Estate Enighed PMB 20 St. Thomas, VI 008030 Phone: (340) 774-0442 Fax: (340) 774-0442 Mobile: (340) 690-9524 Email: brentsquires@gmail.com Contact Person: Brent Squires, President NAICS Code(s): 238140 - MASONRY CONTRACTORS 1361 TR Quality Construction & Development, LLC 28 Contant * P.O. Box 722 St. Thomas, VI 00804 Phone: None Fax: None Email: Mobile: (340) 201-8856 trqualityconstruction@hotmail.com Contact Person: Trevor Ryan, President NAICS Code(s): 238140 - MASONRY CONTRACTORS T. Willie Rental 14-R 3&4 Estate Thomas * P. O. Box 3564 St. Thomas, VI 00803 Phone: (340) 774-9643 Fax: None Mobile: (340) 344-3265 Email: None Contact Person: Thomas Willie, Owner NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL Tang How Brothers, Inc. aii Estate Cottage, Christiansted P. 0. Box 6209, Sunny Isles St. Croix, V] 00823 Phone: (340) 778-8428 Fax: (340) 778-6670 Mobile: 726 (34 0) 277-3 Email: thbinc@viaccess.net Website: www.tanghow.com Contact Person: Lincoln Tang How, President NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 331419 - WELDING SERVICES Tem ir * 210-3A Altona P, 0. Box 304882 St. Thomas, VI 00803 Phone: (340) 774-4820 or (340) 774-4041 Fax: (340) 774-1547 Mobile: Email: (340) 998-2486 tempaire@vipowernet.net Contact Person: Joseph Kelly, President NAICS Code(s): 238220 - PLUMBING, HEATING & AIR CONDITIONING CONTRACTORS (371 dba B : uipm #37 Morning Star, Kingshill * P. 0. Box 2420, Kingshill St. Croix, V1 00851 Phone: (340) 718-3185 Fax: None Mobile: (340) 227-2641 Email: bryant 61@yahoo.com Contact Person: Terence Bryan, President NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREPARATION CONTRACTOR Thomas Trucking 9D-5 St. Joseph & Rosendahl * P. 0. Box 982, Frederiksted St. Croix, VI 00841 Phone: (340) 777-6124 Fax: (340) 777-6124 Mobile: (340) 277-5417 Email: bmrfamily@gmail.com Contact Person: Thrisha Byron NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL Tip Top Construction, Inc. 5064 Mt. Welcome, Christiansted * P. 0. Box 24933, Gallows Bay St. Croix, VI 00824-4672 Phone: (340) 773-5252 Fax: (340) 773-8191 Mobile: None Email: Deborah@tiptopvi.com Contact Person: Percy J. Hollins, Jr., President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREPARATION CONTRACTOR T ‘Tracking Save! #18 Estate Plessen, Frederiksted * P. 0. Box 4971, Kingshill St. Croix, VI 00851 Phone: None Fax: None Mobile: (340) 201-5162 Email: tommya cat@hotmail.com Contact Person: Tommy Augustin, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 532412 - HEAVY EQUIPMENT RENTAL 138l_ Triple-A Training & Security Services #431 Mt. Pleasant, Frederiksted * P. 0, Box 6402, Sunny Isles St. Croix, VI 00823 Phone: (340) 514-5049 Fax: (340) 692-7768 Mobile: (340) 513-7193 Email: triple a100@hotmail.com Contact Person: Anderson Poleon, Sr., Owner/CEO NAICS Code(s): 541690 - OTHER SCIENTIFIC & TECHNICAL CONSULTING SERVICES Triple 7C ‘ 33-50 Estate Nadir * P.O. Box 12151 St. Thomas, VI 00801 Phone: None Fax: None Mobile: (340) 998-1227 Email: tripleseven@yahoo.com Contact Person: James Martin, Owner NAICS Code(s): 238140 - MASONRY CONTRACTOR 238350 - CARPENTRY CONRACTOR Uncle Nev Construction, Inc. #27 Estate Whim * P.O. Box 1462, Frederiksted St. Croix, VI 00841 Phone: (340) 772-4890 Fax: (340) 719-3981 Mobile: (340) 690-6606 Email: None Contact Person: _ Neville Anthony, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Universal Trucking 4-12 Estate Dorothea * P. 0. Box 306892 St. Thomas, VI 00803 Phone: None Fax: None Mobile: (340) 201-6695 Email: i Contact Person: Rudell Fahie, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL 1391 #14 Estate Mandahl * P. 0. Box 9560 St. Thomas, VI 0080 Phone: (340) 7 Fax: (340) 7 1 75-4633 75-4199 Mobile: (340) 513-7335 or (340) 513-7336 Email: eberry@vipowernet.net Contact Person: NAICS Code(s): Elsie Berry, Vice President 237310 - HIGHWAY, STREET AND BRIDGE CONTRUCTION 238910 - SITE PREPARATION CONTRACTOR 532412 - HEAVY EQUIPMENT RENTAL V. 1. Quality Control Servi LLC #20B Anna’s Retreat * P.O. Box 502911 St. Thomas, VI 00805 Phone: (340) 3 Fax: (340) 7 Mobile: None 44-4717 75-2016 Email: vigcservices@gmail.com Contact Person: NAICS Code(s): V. Julio King II, President 238992 —- ALL OTHER SPEACIALTY SERVICES 1H Estate Little Princesse, Christiansted * 3001H Estate Little Princesse, Christiansted St. Croix, VI 00820 Phone: (340) 7 Fax: None Mobile: None 18-0234 Email: visolardepot@aol.com Contact Person: Irina Aldrich, Manager NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 237130 - ALTERNATIVE ENERGY Victor J Bapti 37-40 Estate Frydenhoj * 6207 Estate Frydenhoj St. Thomas, VI 00802 79-1550 Mobile: (340) 6905223 or (340) 244-0387 Phone: (340) 7 Fax: None Email: None Contact Person: NAICS Code(s): Victor Jean Baptiste, Owner 484110 - GENERAL FREIGHT TRUCKING, LOCAL 238140 - MASONRY CONTRACTORS 238350 - CARPENTRY CONTRACTORS Virgin Global Technology 59 King's Wharf * 59 King's Wharf St. Croix, VI 00820 Phone: (818) 309-0688 Fax: (340) 773-7400 Mobile: None Email: virginglobal@gmail.com Contact Person: Fernando Cabret III, Director of Operations NAICS Code(s): 238210 - ELECTRICAL CONTRACTORS AND OTHER WIRING INSTALLATION CONTRACTORS 10C Estate Cottage, Christiansted Pa 10C Estate Cottage, Christiansted St. Croix, VI 00820 Phone: (323) 229-7862 Fax: (340) 718-7861 Mobile: (340) 713-1100 Email: i i Contact Person: Patrick Vivot, Owner NAICS Code(s): 532412 - HEAVY EQUIPMENT RENTAL 484110 - GENERAL FREIGHT TRUCKING, LOCAL 6 - 14 Estate Contant * P.O. Box 303479 St. Thomas, VI 00803 Phone: (340) 774-9622 Fax: None Mobile: (340) 513-0416 Email: None Contact Person: Voneto Percival, Owner NAICS Code(s): 484110 - GENERAL FREIGHT TRUCKING, LOCAL ter Kin Tr i i L #33 Contant * P. 0. Box 502548 St. Thomas, VI 00805 Phone: (340) 643-4105 Fax: None Mobile: None Email: i Contact Person: Leandra Ravalier, Owner NAICS Code(s): 238110 - POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS 483211 - INLAND WATER FREIGHT TRANSPORTATION 484110 - GENERAL FREIGHT TRUCKING, LOCAL Iga Wilson Construction * 106 Tamarind Estates, Christiansted P. 0. Box 5716, Sunny Isles St. Croix, VI 00823 Phone: (340) 773-8160 Fax: None Mobile: None Email: None Contact Person: Cleave Wilson, Owner NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION Ce Estate Bethlehem, Christiansted P. O. Box 5440, Christiansted St. Croix, VI 00823 Phone: (340) 778-9308 Fax: (340) 778-1124 Mobile: (340) 513-0033 Email: zenoncc@yahoo.com Contact Person: Carlos Zenon, President NAICS Code(s): 237310 - HIGHWAY, STREET AND BRIDGE CONSTRUCTION 532412 - HEAVY EQUIPMENT RENTAL 238910 - SITE PREPARATION CONTRACTORS Iq2l_ Asphalt Paving Service 2N Corporation (STT) Construction & Maintenance INDEX 2N Corporation (STT) A-Z General Contractors (STX) Apex Construction Co., Inc. Ay-Ay Ancient Builder's, LLC (STX) Bakah Construction (STX) Balbo Construction (STT) Big Lee Repair & Tile Co. (STT) Brothers Construction, Inc. (STX) Bruney's Incorporated (STT) Bryan Chick Construction Service (BCCS) (STT) DMC Construction, Inc. (STX) Delta Electric & Construction Co., Inc. (STX) ECTAB Services (STX) Eagle Construction (STX) ELEVEN CONSTRUCTION, LLC (STX) Eric's Construction (STT) First Rate Painting & Maintenance (STX) Four Star Construction, LLC (STT) Francis #1 Masonry Service (STT) Hammerhead Construction, LLC (STT) Heights Construction (STX) Instrument & Control System, Inc. JLR Construction & Maintenance (STT) JNO's Construction & Maintenance (STX) Jerome R. Matthews Construction (STX) Joe’s Carpentry (STX) LA Vega Enterprise, LLC (STT) LA View, LLC (STT) LB Construction (STT) Labour Construction (STT) Lucien George Construction (STT) Mickey's Construction (STX) Neon Construction, Inc. (STT) Northwest Construction & Maintenance, Inc. (STX) Parson's Landscaping & Lawn Care (STX) Philadelphia Suppliers, Inc. (STX) Powell Construction (STT) Prima Facie, Inc. RAYCON MECHANICAL, LLC (STX) Retep Masonry (STX) 10 10 11 11 12 12 13 16 17 17 17 18 18 19 19 20 21 21 21 22 22 23 23 23 24 24 24 25 26 28 29 30 31 32 32 33 33 143 |_ Ri-Tech Construction, LLC (STT) Ronald A. Marie (STX) Roses Construction, LLC (STT) Rumina Construction Management (STT) Stone Masonry, LLC (STT) TR Quality Construction & Development, LLC (STT) Tang How Brothers, Inc. (STX) Tip Top Construction, Inc. (STX) Triple Seven Construction (STT) Uncle Nev Construction, Inc. (STX) V.I. Equipment Rental & Construction, Inc. (STT) Victor Jean Baptiste (STT) Wilson Construction (STX) Zenon Construction, Inc. (STX) Charles Electrical Services, LLC. (STT) Charles N. King, Jr. (STX) Delta Electric & Construction Co., Inc. (STX) Fortress Electrical Corp. (STT) Instrument & Control System, Inc. (STX) N.R. Electric (STX) Netwave Unlimited Services, LLC. (STX) Peters Electric (STT) RAYCON MECHANICAL, LLC (STX} Riley Electric (STT) Rougier's Electric (STX) Virgin Global Technology (STX} Engineers, Architects, Surveyors CAP Engineering, LLC (STX) Mirko M. Restovic (STX) New Wave Development, LLC (STX) Patrick Charles Enterprises, Inc. (STT) SLX Infrastructure, LLC (NJ) Electrical 34 34 35 36 37 37 38 39 39 40 40 42 42 13 13 16 18 21 26 27 30 32 33 33 40 13 26 28 30 35 Heavy Equipment Rental A-9 Trucking Enterprises, Inc. (STT) Bengoa International, Inc. (STX) Carino's Trucking & Water Supply, Inc. (STX) Chitolie Trucking Service (STX) Countryside Development, Inc (STX) ECTAB Services (STX) Grade-All Heavy Equipment, Inc. (STT) JRL Heavy Equipment (STX) LA Vega Enterprise, LLC (STT) Lake's Trucking & Heavy Equipment Rental (STX) Laurencin Backhoe & Towing Service (STX) Marco St. Croix, Inc. (STX) Moses Equipment (STX) New Wave Development, LLC (STX) Northwest Construction & Maintenance, Inc. (STX) Patrick Charles Enterprises, Inc. (STT) RENDCO, Inc. (STT) Rawlins Heavy Equipment, Inc. (STT) Ruler’s Equipment & Construction (STT) T. Willie Rental (STT) Terence Bryan (STX) Tip Top Construction, Inc. (STX) V.I. Equipment Rental & Construction, Inc. (STT) V.I. Solar Depot, LLC (STX) VEC (VIVOT EQUIPMENT CORPORATION) (STX) Zenon Construction, Inc. (STX) Landscaping Agave Design Group, Inc. Bruney's Incorporated (STT) Bryan's Plants & Garden Supplies, Inc. (STT) Chitolie Trucking Service (STX) Great Grounds Enterprises (STT) Marco St. Croix, Inc. (STX) Mo Mulching, LLC (STX) Navarro Landscaping & Yard Maintenance (STX) Nico’s Landscaping & Trucking (STX) Parson’s Landscaping & Lawn Care (STX) Plant Depot, Inc. (STT) RAYCON MECHANICAL, LLC (STX) SF General Maintenance Services, LLC (STX) Skenny Landscaping & Maintenance Services (STX) 13 14 16 17 20 22 23 24 25 26 27 28 29 30 32 33 35 37 38 38 40 40 41 42 12 13 14 20 26 27 28 29 30 31 33 33 36 1451 Page Permanent Pavement Markings Bruney's Incorporated (STT) 12 Lake's Trucking & Heavy Equipment Rental (STX) 24 Appliance Repair and Maintenance RAYCON MECHANICAL, LLC (STX) 33 Commercial & Industrial Machinery & Equipment Repair & Maintenance Paradise Waste, Inc. Dba GT Trucking & Car Sales (STX) 29 Plumbing, Heating & Air Conditioning Bengoa International, Inc. (STX) 11 Specialty Trades/Services A-9 Trucking Enterprises, Inc. (STT) 8 A & J Cleaning Service, LLC (STT) 8 A&J Fencing (STX) 8 Bengoa International, Inc. (STX) 11 Brockington & Associates (GA) 12 Clean Stream Consulting, LLC (STT) 15 Commercial Security Service, Ltd. Inc. (STT) 15 Cool Signs, LLC (STT) 15 Lake's Trucking & Heavy Equipment Rental (STX) 24 M3COM, LLC (STX) 25 Master Pavement Line Corporation (STT) 26 ORTALIS PROPERTIES, LLC (STT) 29 REG Services, LLC (STX) 32 SF General Maintenance Services, LLC (STX) 35 Tang How Brothers, Inc. (STX) 37 Tempaire International, Inc. (STT) 37 Triple-A Training & Security Services (STX) 39 V.I. Solar Depot, LLC (STX) 40 Water King & Trucking Services, LLC (STT) 42 Used Car Dealers Paradise Waste, Inc. Dba GT Trucking & Car Sales (STX) 29 Suppliers, Manufacturers M & M Supply Co., Inc. (STT) Philadelphia Suppliers, Inc. (STT) Plant Depot, Inc. (STT) SLX Infrastructure, LLC (NJ) Shadows AS, LLC (STT) Site Preparation A-9 Trucking Enterprises, Inc. (STT) Carino's Trucking & Water Supply, Inc. (STX) Chitolie Trucking Service (STX) Countryside Development, Inc. (STX) Lake's Trucking & Heavy Equipment Rental (STX) Marco St. Croix, Inc. Philadelphia Suppliers, Inc. (STT) RENDCO, Inc. (STT) Rawlins Heavy Equipment, Inc. (STT) Terence Bryan (STX) Tip Top Construction, Inc. (STX) Zenon Construction (STX) Hazardous & Solid Waste Removal LA Vega Enterprise, LLC (STT) Marco St. Croix, Inc. (STX) Paradise Waste, Inc. Dba GT Trucking & Car Sales (STX) RAYCON MECHANICAL, LLC (STX) Inland Water Freight Transportation Marco St. Croix, Inc. (STX) Water King & Trucking Services, LLC (STT) 31 31 35 36 14 14 16 24 26 31 32 33 38 38 42 23 26 29 33 26 42 147|_ Transportation / Trucking Services A-9 Trucking Enterprises, Inc. (STT) Amedee's Dumptruck Service (STX) Bannis Trucking (STT) Bruney’s Incorporated (STT) CMMC Trucking & Transportation (STT) Carino's Trucking & Transportation (STX) Chitolie Trucking Service (STX) D&B Trucking, LLC (STX) ECTAB Services (STX) Family Trucking (STT) Fleming Trucking (STT) Galaxy Trucking (STX) Great Grounds Enterprise (STT) Hunt Truck (STX) JRL Heavy Equipment (STX) Jeremiah Felicien LA Vega Enterprise, LLC (STT) Lake's Trucking & Heavy Equipment Rental (STX) Marco St. Croix, Inc. (STX) Naithram Ragbir (STX) Nico’s Landscaping & Trucking (STX) Paradise Waste, Inc. dba GT Trucking & Car Sales (STX) Paris Dump Truck Service, LLC (STJ) Patrick Charles Enterprise, Inc. (STT) Patrick Senhouse Trucking (STX) Peter Gilles (STX) Shel's Trucking & Delivery (STX) Terence Bryan (STX) Thomas Trucking (STT) Tommy's Trucking Service (STX) Universal Trucking (STT) Victor Jean Baptiste (STT) VEC (VIVOT EQUIPMENT CORPORATION) (STX) Voneto's Trucking & Equipment Service (Neto's Trucking) (STT) Water King & Trucking Services, LLC (STT) 12 18 14 14 16 17 18 a8 20 20 21 22 23 23 24 26 27 29 29 30 30 30 31 36 38 38 38 39 40 41 41 42 “4~ y > O A Q & PRIS E PRO P-& P-COS-13-73 COMM, OF PROP. & PROC, APPROVED: 3-26-73 REVISED 3-18-08 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES CONTRACTOR’S QUALIFICATION STATEMENT CONTRACTOR SPP O EPA a wee eee mena eed nen EES En eee eine e ee tn EEE TESTE Reha reeabune ADDRESS ihe hh he ee eee eee ee eee en DATE hans TEE TT ToT Te TTT Te Tee ee ee ee eer ee ere ree TEL. NUMBER. hh eee Cee LTT Te ee een CEL, NUMBER heehee ee eee ee Penne M-i P& P-COS-13-73 COMM: OF PROP. & PROC, APPROVED: 3-26-73 REVISED 3-18-08 I. How many years experience in construction work has your organization had (a). As a General Construction TENNER ERT TE EAS CURT CRO e Eee ee eee Ed ee aaa aN EEA Od EEE EYE cbse OSE rE UE tea pn EdtuentEnbaeewews (b) As.a Sub-Contractor COREE EES TORE ROAR ESE AARR ET ERE Cee er ratte eat ae ee EES cana ea tea Sart bebebeuy beet iaanrnes, io ie 2. List the construction contracts your organization has. under way on this date: Percent Contract Amount Class.of Work Completed Location Name.of Owner 3. List contracts your organization has completed in the past three years: Contract Amount Class of Work: Completed Location Name of Owner M-2 P & P.COS-13-73 COMM. OF PROP. & PROC; APPROVED; 3-26-73 REVISED: 3-18-08. 3. Have you ever failed ‘to complete any work awarded to you? If so where and why? ....... bec eteueeneeeen ees beste neteeeenetseeenenaess bis veeee beteedeees tov aeeeaenenee beesenteeeaeceves - 6. Has any officer or partner of your: construction-éver béen an officer or parent.of some other organization that failed to complete a construction contract? ......... ... [f'so, state name of individual, other Organization and Peason therefore oo... c.cccestsuessseensecseescecs ee eee teavenes bevceceeestscepeusuensusevareess . 7. Has any officer or partner of your organization ever failed to complete a construction contract handled in. his own name? ......000...... dae cebeeeatenenes tere ees If so, state name of individual, name of Owner and reason therefore: 00.0... cccsccacsesccecee « Leeeaveaneeenees saeeaee 8. In what other lines.of businegs are you financially interested? .....0........ beaeees heures Levees beeterevesanenens vee P& P-COS-13-73 COMM. OF PROP. & PROC. APPROVED: 3-26-73 REVISED 3-18-08 8. What is the construction experience of the princi pal individual of your organization? Denies: Years of a soy, Present Position. jes Magnitude and Type ; ; * Individual’s Name or Office. Constr uction * of Work In-what Capacity Experience 9. In what manner have you inspected this proposed work? Explain in detail, bebe seeeeeeesutis bite vendcaes baeetees Webs eee ee ebeea gs vedas ee eeeeeataca serene beet tees eebeataeeenteeas be eetbeaeenees we bedava eneeeunseeeees bed ee eines beeeenes Meee obese vabaseteraenee tentgeteesenevens beets caeeabapesacess becteeas wees e tees een eee ennes 10. Explain your plan or lay out for performing the proposed work. Woes en sean gt et eececueeueberevencses bea eneeneeegs FLA ee tte ewe e eee eesaen deena es beveeeees steve eee veesceneuees keeeeaes bebe e cen yaeeseens che tesbeeteasesgeneeess bette ne eeeesen ens (ib eeeae eee aes bi eedseteebeneaceeveneere becenees be eeaeeee Cees e eee adeneee bate beesee eens Wise ae env endeeeseena cen eaen en behecbetseceeeeeseaean ees bes segeteeesenneeneee Veda ed tee eeseaseeeesreduccnsnsesuags radee ne ee eees keteees beeen eesce bebe ee eebceeeeseeeeaes TREE e cane nett te ceetenaee gee vnaevatecantseadesustiastecuasataseacersecce, bee eceeewinnens teneeeces tesa ee reeentaseeauee ce deddeeeabees Chee nee ee ea eeee secs eiscsasneueapeererces te etetaeeeees Ube etaeserteaareenes aie ee ee ta eenae, trea eee e eee a TP ETA Deer Eta e tenet eben et aaen as See eeees eee n tees nae cane cata rennet cont tstdvtesatetsastsdssstessaseastesasisereesceces be deeeadaeeetes Wee et bee cba ee ente ete ewenceeee to eataees tat tee der etenenes bee reneedeeneees Speen ateenseveceagacs beehns tases eeeeteeeepenes deesvaeeneas tes weeedeeeeeee tet eteeraeeeeeeny CNet Ete eee saat entra eecnatteetag es suetenitessebaueaecertecensccess be beeees We ded neers deen gs levgenenees P& P-COS-(3-73 COMM. OF PROP. ‘& PROC.. ‘APPROVED: 3-26-33 REVISED 3-18-08" IL. The work, if awarded to you, will have the personal supervision. of whom? er a er Peerres 12. Do you intend to-do-the transportation on. the proposed work with yourown equipment? ....0..00..... teeteness we 13..1f you. intend to sublet the transportation or perform it through an agent, stat estimated amount of sub-contract or agent’s contract, and , if known, the name. and address of sub-contract or agent, amount and-type of his equipment and financial responsibility. 14, Do you intend ta do grading and foundation work with your own forces? oo. e....2..., be ea tee eaeeees beeeeens et tases If so, give type of equipment to be USE, eee ereeeeerees bebensees Ween e eet ee eee seu ea esr bataens peau ens ven eeeeeee 15. If you intend to sublet the grading and foundation work or perform it through sub-contract, give the nameé-and address of sub-contractor, if known of his.equipment and financial responsibility. ie i oe re ec ne ee Ce es ears es eee eae or i er buh eee i a ee re ie ee ee te . . * ry saab eras i re i i ne en bea ee es errs Ce y P & P-COS-13-73 COMM. OF PROP. & PROG. APPROVED; 3-26-73 REVISED 3-18-08 17. If'so, state-amount of sub-contract, and if’ known, the name and address ofthe su b-contractor, amount and. type of his equipment and financial responsibility: eres dase eae wees teed waeene aaa tea a Suueaae eee ay Ree deaeniae ee ei as . seas res eu eae erry Wyte aa ee tree raae eee Wdue eae 4 es as TREAT er ED ee ee eee eee ra renee PU Ve nae ee ene eae heen eee Ce ray . seus er 18. From which sub-contractors do you expect to require a bond? . 4 Ce ry i a euneae ory oe er a4 ed ee ee Ce ee errs rs Forde ae ae Pave re eee ' wae bake fener nae bane ay pan ve wena we we ee ay ee wubb dea aan Le ee ee) waa ee es baueeee 19. What equipment do you own that is available for proposed work? Quantity Item Description, Condition Years of Size, Capacity, Ete, Service Present Location M-6 DPP-FS—64_75 Approved 5/7/75, ‘Revised 3/18/08 Give Condensed Current Financial Statement Condition at Close of Business — Date ASSETS Dollars Cents. 1. Cash (a) om hand $ o.oo. «(YIN Bank, Bo eiee (c) Elsewhere. $..0. o.oo cece (d} Totat Cash Boecieeceeescessectereneteseess 2. Notes receivable (a) Due within 90 days.........0.......... rdouseteedecceaeaseens (b) Due after... days occ. wevesenes (¢} Past due... wey eee ba rt aseneeeevesategeenes 3. Accounts receivable from completed contracts, exclusive of claims not approved for payment ..........cceecicec, even darren cearsntseccaseteneuensastereusueensbacses 4, Sums earned-on uncompleted contracts as shown by Engineer's or Architect’s estimate (a} Amount receivable after deducting retainage ......00.......... be seeaebeeses , (b) Retainage to date due to upon commencement of Contracts.............0.6 5. Accounts recéivable from source other then-commenceiment of Comtacts. eee ccceeeeseeeeccerecsecs Beeb edasdeeaenes Lteaens . 6. Deposits for bids or other guarantees: (a) Recoverable within .........cdays........ Ween geeeeeeereeeaaaeenees seen stares (b) Recoverablé after ......, 10 WAYS ees e ec eeet eens eesstneeccinusvavecescbuccessss 7. Interest accrued on.loan, securities, ete. ...... ceeuees leueuevesusseaveces weedeceeenae 8. Real estate (a) Used for business purposes ............ os dee eeseneegenatesenentars (b) Not used for business purposés .......... 004, Feb saecenepaeevannetenseces 9. Stocks and Bonds (a) Listed — present market value ............... deeseeseaeed _. (b) Unlisted — present value tp teeceagsansseesaereceseus teteeeees (0. Materials in stock not included in Item 4 1, 12. an 13. Other assets 00.0.0... ceceseccceececee se, aveeccen suas (a) For uncompleted controls (present value) ...... weet cnet teens dt ec ease ees cn (b) Other materials (present value) ......... cee ee deen dan esaenenens bee beaeaeen eer ens ‘Equipment, book value... wees eee ee bea eteeeeeanea na enees Furniture and fixtures, book value ......0.cecccccccceccees sate taeceeeerveaes shane ce TOTAL ASSETS LIABILITIES - Notes payable (a) To banks. regular .....000..00...... ren bebe eat Te eaeees — (b) To bank for certified checks oo... oe eeescccccccccs e\eugeveceuees vepeeten (c) To others for equipment obligations ......-...2.. vadsethadesssueeseutenserees . (d)} To-others exclusive of equipment obligitions ............ sees ena eee enean aed 2. Accounts payable (a) Not:past due ........,...: patna cbeeeeeeseevanees deateeuieceeees 3, Real Estate encumbrances ....0..0.¢c00000-....... se cevbevdeetesscectssanaeesess oO (b) Past dies. io cocssccssgeeceenses santas teseaeebennessesesnan 5. Reserves ......... hedtteceeivensucsaces veces saves beceees siuttetfettssvstierne ce 6. Capital stock paid up (a) Common .......... wt bedee eee ens ceiteeee aisaeens feeeeees ees (b) Common ou... cece Sebeneeepecusetensnenes eeeeeess (c) Preferred ....0- cece. Vabecenetenane feta eeaeeane cen ed TOTAL LIABLITIES N-] DPP-FS—64. 75 Approved 3/7/75 Revised 3/18/08 GIVE CONDENSED CURRENT FINANCIAL STATEMENT Cont, CONTINGENT LIABILITIES 1. Liability on notes receivable, discounted or sold FOO h eeu sce w ae nate beeaees bee teens 2. Liability on accounts receivable, pledged, assigned or sold 3. Liability s bondmait «0... eessceseseceesssutivestecvessteespareveccsc ee, 4: Liability as guarantor on contracts or of accounts of others ee rs 5. Other contingent liabilities hhh ee eee ‘To TAL CON’ TINGENT LIABILITIES include aif amounts owing subcontractors for all work in placed.and accepted on completed and uncompleted contracts, including retainage, This is'to certify that the information herein reported is to: the best of'our knowledge true and accurate. ii ee ee re PRAM TA wet eee eee ee ee ee ee een ee ee ee ee en ii ee ee Telephone Number / Cell Phone Number N-2 Bl D . BOND qpening date, 7 OMB NO.: 9000-0045 (See instruction ont reverse) Public teporting burden fer this, collection of information is estimated to average 25 minutes’ per response, including the tire for reviewing instructions, searching existing data’ sources, gathering and maintaining the data needed, and.cornpieting -and reviewing the collection of information. Send cotriments regarding this burden estimate or any other Aspect.of this collection. of information, including syggestions-fer reducing this burden, to the FAR Secretariat {MVR}, Federal Acquisition Policy Division,.GSA, Washifigten; DC PRINCIPAL (Legal name and business address} TYPE OF ORGANIZATION (ox one} (FJ worviouat Cc PARTNERSHIP [J] sowr vertu [7] corporation STATE OF INCORPORATION SURETYIES! (Name and Businass adress) PENAL SUM OF BOND ] BID IDENTIFICATION PERCENT AMOUNT NOT ‘TO. EXCEED [BiD DATE INVITATION, NG; PRICE MILCIONTS) THOUSANDS) [HUNDREDIS) CENTS FOR (Construction, suoples.ar Services) CBLIGATION: We, the Principal and Surety(ies) are firnly bound to the United States: of America (hereinafter talled the Government) Inthe above penal sum. For payment of the penal sum; we bind ourselves; our hairs, executors, administrators, and successors, jointly and severally, However, where the ‘Sureties are corporations. acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally" as well as “severally” only for the purpose’ of allowing a jéint action or actions. against any or all of us. For ail other Purposes, each Surety binds itself, jointly and severally with the of hepa fer the payment of the sum shown Opposite the name of the Surety. If Ao limit of liability is indicated, the limit of liability is the. full amount of the: penal sum. ‘ ‘ ° CONDITIONS; The Principal has: submitted thé bid identified above: THEREFORE: The above ‘abligation is-void if the Principal - ta}. upon acceptance by the Government of the bid identified above, within the period specified thergin for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the ‘bond{s} required by the terms_of the bid as accepted within the: tine Specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute. Such further <entractual documents and give ‘such bonds, pays the. Gavernment for any cost of procisting the work which exceeds the amount of the bid, ; : Each Surety executing this instrument agrees that its obligation is not impaired by any extensionis) of the. time tof acceptance of the bid’ that. the Principal may grant to the Government. Notice to the: suretyties} of extension(s) are Waived, However, waiver of the notice ‘applies only to extensions aggregating not more than sixty (60) calendar days-in addition to the.period originally allowed for acceptance of the bid. . WITNESS; The. Principal and Suretyfies) executed: this bid bond and affixed their seals on the above date, PRINCIPAL 7. 2, cP SIGNATURE(S} (Seait : {Seaf) (Seal) Corporate NAMES) & |" 2 % Seal TITLES) (Typed) tr INBIVIBUAL SURETYUES} 1, fe SIGNATURES) | - Seal). (Seei ‘NAME(S} 1: Z, (Typed CORPORATE SURETY(IES}) NAME & STATE OF INC. LIABILITY LIMIT’ (3) et | ADDRESS > 7, 2, iy |SIGNATURES} Corporate td 1S} Sea/ a NAME(S) & [1 2 I) TITLES} ‘tFyped). AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 24 jREV, 10-98} ‘Previous edition is-usabla Prescribed by.GSA - FAR (48 CFR 53.228{a) NAME & STATE OF ING. LAMY timir {3} m| ADDRESS 1; SIGNATURE(S) Corporate ES Seal | NAMEIS! & 17. z, iTyped? | NAME & STATE OF INC, CABILITY LIMIT (3) «| ADDRESS =~ - T. 2, 5 |SIGNATURE(S) Corporate & Seal | NAMES) & [7 2 ype (NAME. & STATE OF INC, LIABILITY LIMIT tS) oO} ADDRESS: ~ T. = . Ty SIGNATURES) : Corporate im Sea/ | NAMEIS) & [7 2. TLEIS) : vped) . NAME" & STATE OF INC. LIABILITY LIMIT 13} w} ADDRESS a 1. Zz, - . E ISIGNATURE(S} Corporate & Seal a| NAMES) & [7 a yeedi NAME & STATE OF INC: LIABILITY Limit 1) w| ADDRESS > v. z, ET ISIGNATURE(S} Corporate rl Seal | NAMES) & 17, ra TITLES} (Typed) NAME & STATE OF ING, LIABILITY UiMit 1s) «| ADDRESS ~ 1, a . FISIGNATURE(S}| | Corporate = Seal | NAMES) & [7 z= TITLES) INSTRUCTIONS 1, This form is- authorized for use when a bid guaranty is required. Any deviation ‘from this-form will require the written approval of the Administrator of General Services. , , : 2. insert the full legal name and business address. of the Principal in the space designated “Principal” on the face of ihe form. An authorized. person shall sign the bond. Any persor-signing in a representative capacity (e.g., an attomey-in-fact) must-furnish evidence of authority if that representative is net.a member of the firm, partnership, or jeint venture, or an officer of the corporation invalved. 3. The bond may express penal sum as a percentage of the bid price, In these cases,- the:borid may State-a maximum dollar limitation {e.g., (e.g., 20% of the bid price but ihe amount not to exceed dollars}, within the limitation Jisted therein.. where more than one corporate. surety fs involved, their. names and addresses: shall. appear in the spaces (Surety A, Surety 8, etc.) headed “CORPORATE SURETY({IES)." In the space designed "SURETY(IES)” on the face.of the form, insert any the letter identification-of the sureties. 4. (a) Corporations executing the bond as sureties must appear on the Department.of the Treasury's list of approved sureties and must act (b} Where. individual sureties ard involved, a completed Affidavit. of Individual surety (Standard Form 28), for each individual surety, shall accompany the bond, The Government may require the surety to furnish additiona substantiating information concerning ‘its financial capability. : 5. ‘Corporations executing the. bond shall affix.their corporate seals. Individuals shal! execute the bond apposite the word "Corporate ‘Seal; and shall affix ‘an adhesive seal if executed-ir Maine, New Haitipshire, or any other jurisdiction requiring adhesive. seals. 6. Type.the name ane title of each person signing this-bond in the-space provided.. 7, Inits application to.negotiated contracts, the terms. "bid" and “bidder” shall include "proposal" and “offeror.” a — STANDARD FORM 24 irev. 10-98) BACK 0-2 Apowdsaen AFFIDAVIT OF Revised 3-18-08 S : Vet aiid “_ ee Instruction Comm. of Prop. & Proc. ( eln ; ti INDIVIDUAL SURETY son Page 2) ‘STATE OF $s: COUNTY OF |, the person whose signature appears below as surety, -being duly Sworn, depose and say that lam one of the sureties to. the ‘attached band; that./ am a citizen of the United States (@ Resident Alien who, has deéctared his Intention to become a Citizen of the United States.) and of full age and legally competent; that | am hot a partner in the business ofthe principal. on-the bond or bonds on which I appear. or may appear as. surety; that-the information herein below furnished is t ‘Virgin Islands to accept me as surety on the.attached bond. fue and correct, This affidavit is made fo induce the Government of the MY NAME (first, middle, last) MY ADDRESS (street and number, city and State} TYPE AND DURATION OF MY OCCUPATION NAME OF MY EMPLOYER MY BUSINESS ADDRESS (Street and number, city-and State) Amaunt § am worth in Real Estate and Personal Property over and. above: (1) All my debts and liabilities owirig and: incurred. (2) Any property exempt from-execution (3) Any pecuniary interests | have in the business of the: principal on said bond. And (4) Any intérest:| have in any-so-called community property. LOCATION AND-DESCRIPTION OF REAL ESTATE OF WHIC. H] AM'SOLE OWNER IN FEE SIMPLE (not exempt from seizure and sale under any homestead la, commu nity or marriage law, of upon attachment, execution, or judicial process) FAIR VALUE-OF SUCH REAL ESTATE ASSESSED VALUE OF SUCH REAL ESTATE FOR TAXATION PURPOSES ALL. MORTGAGES OR OTHER ENCUMBRANCES. AGAINST ABOVE REAL ESTATE, THERE BEING NG OTHERS (if none. so state) MY LIABILITIES OWING AND INCURRED DO NOT EXCEED THE AMOUNT OF Amount |.am worth in Real Estate and Personal Property over Personal property subject to execution and sale, This’ amount'being additional fo the reat estate above described THE ABOVE PERSONAL PROPERTY CONSISTS OF THE FOLLOWING ALL OTHER BONDS.ON WHICH 1AM SURETY (state character and amount of each bond; if none; so state) MY SIGNATURE:AS SURETY Subscribed and sworn 6 before me this date at OFFICIAL SEAL (Signature), (Tilla of official administering ath) _ (Date) — 0-3 CERTIFICATE OF SUFFICIENCY | HEREBY CERTIFY, that the ‘surety named herein is personally known tome; that, in my judgment, said Surety.is responsible, and qualified to act as such; and that, to the hest of my knowledge and belief, the facts stated by said surety inthe foragoing affidavit are true, NAME (typewritten) ‘ SIGNATURE OFFICIAL TITLE ADDRESS INSTRUCTIONS 1. This form shail be used whenever sureties on bonds-to be executed in connection with Government contracts are individual sureties. ‘There-shall'be no deviation from this form except as authorized by the Department of Property and Procurement. 2, Actirm, as. Such, will not be:accepted as a surety, nor a partner: for copartners or for a firm of which he is a member. Stockholders of-a corporate principal may be accepted as sureties provided their qualifications -as such are independent: of their stackholdings therein. Sureties, if individuals, shall be citizens of the United States. or Resident Afiens whe have declared their intention te become United States Citizen, 3. The individeal surety shall justify, under cath, ina sum fot less than the penalty of the bend, accord ing to the form appearing on the tace hereof, before.a notary public, or some other-officer having authority to administer oaths generally. If the officer has an official seal, it shail be affixed, otherwise the proper certificate as to his: official character shall be ‘furnished, Where citizenship is not required, as. provided in paragraph 2 of these iristructions, the affidavit may be amendéd accordingly. 7 4. The certificate of sufficiency shall be signed by an officer ofa bank or trust-company, under Gath by two persons: ict related to the Surety, §. By signing this affidavit, the individual surety. agrees to assign to the Government of the Virgin Islands as security for performance by the Principal such real and/or personal property as the. Government of-the Virgin Islands shati designate having a fair market Value of three ‘times the banded amount, (A) (B) (C) (D) (E) (F) (8) INSURANCE SCHEDULE The Gontractor shail, atits own expense, provide and maintain during the entire performance period of this coritract atleast the kinds and minimum amounts of insurance required. in the Schedule or elsewhere: in the contract. Before commencing work under this: contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. T he’ policies evidencing required insurance shall contain an endorsement to the effect that any ca ncellation or any material change adversely affecting. the Govern ment's. The Contractor shalt insert thé substance of this c! ause, including this.paragraph (c), in subcontracts under -this contract that require work on a. Government installation arid shall require: subcontractors to provide and ‘maintain the insurance: required in the Schedule or elsewhere, in the contract. Atle ast 5 days before entry of such subcentractor’s personnel on the Government installation, the Contractor shail furnish (or ensure that there has 2 Cor g Officer a current ce ttificate of insuran ce, meeting the requirements of Paragraph (b) above, for each such subcontractor. The Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's: compensation laws ofthe State in whi ch the work is. to be p erformed and Shall. maintain liability insurance: protecting him front claims because of bodily injury (including death) and Property damage arising under this.-Contract. In case any class-of employees who are engaged in hazardous work under this Coritract at the site of the project are not ‘protected under the “Workmen’s compensation” Statute, the Contractor shail provide, and shall cause each Subcontractor to provide. adequate coverage for the protection. of his.employées nat otherwise protected. The Contractor shail:provide and maintain during the fife of this Contract insurance that will protect-him and any and against all claims, costs, expenses, including attorney's fees and damages arising out. of resulting from the performance .of the work, injury ‘or conduct, want of-care or skill négligence and patent infringement providing that claim, damage, loss or expenses (a) is attributable to bodily injury, sickn ess, disease or death, ‘or to injury to oF destruction of property (other than the. work. itself), including the loss of use resulting therefrom. and (b) is caused in whole or ih part by any neglig ent omission of the Contractor, any Sub-contractor, anyone directly or indirectly employed by ‘any of them -or anyone for whom acts any of them may be liable, regardless of whether or not itis caused in party by @ party indemnified hereunder. The obligationof the Gontractor under this Paragraph shall not extend fo the fiability of the: Engineer, his agents or employees arising out of errors or omissions in maps, drawings, opinions, reports, surveys, change orders, designs of specifications which have been prepared by the Engineer, insurance shall be provided with limit of $500,000 for each occurrence in.each of three: policies with, the Owner and Engineer named as additional insured as follows: (1} Comprehensive General Liability insurance, in cluding. Products and/or Completed Operations, Explosion Hazard and Underground Property Damage Hazard (ay Comprehensive Auto Liability Insurance. (3) Contractual Liability Insurance 0-5 (4) (I) in types or classes of work which includes, all or in part, buildings or structures which may be subject to damage ‘by fire, wind or vandalism, the Contractor shalt take out and maintain, during the life of this Contract, whati 5 known as “Builder's Risk, insurance,” covering fire, wind, Extended Coverage and Vandalism, in an amount-equal to one hundred percent (100%) of the: Contract price pertaining to such. buil ding or structure, or buildings or structures. , Before starting the work, the Contractor will file with the Owner and. the Owner's Engineer certificates of such insurance acceptable to the Owner. These certificates shall contain a provision that the coverage afforded under the'policies will not be canceled or materially charged until at least 30 days prior written notice has. been given to the Owner and the Owner's Engineer. : 0-6 -FORM- P&P-PB.20-73 GOVE RNMENT OF TH E VIRGIN ISLAN DS DATE BOND EXEGUTED ‘APPROVED: 1-26.73 ; " ; REVISED: 3-18-08. PERFORMANCE BOND COMM..OF PROR.S PROC, (See Instructions on Reverse} PRINCIPAL. SURETY PENAL SUM.OF BOND (Express in words and figuras) CONTRACT NO, “DATE OF CONTRACT KNOW ALL MEN BY THESE PRESENTS, That we, the PRINGIPAL-and SURETY above named, are held and firmly bound unto the Government of the Virgin Islands, hereinafter called the government, in-the penal sum of the amount stated above, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, adiiinistrators, and successors, jointly and severally, firmly by these presents. THE. CONDITION OF THIS ‘OBLIGATION IS SUGH, that whereas the principal entered into-a certain contract with the Government, numbered and dated as shown above and hereto attached: NOW THEREFORE, if the. principal shall well and truly pérfonn and fulfill all the undertakings, covenants, terms, conditions, and “agreements of Said contract duringthe original term of said contract and. any extensions thereof that. may be.granted by the Government, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall‘also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications. of said contract that.may hereafter be made, notice of which modifications to the suréty being hereby waived, then, this obligation to be void; otherwise te remain in full force and virtue, , IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated ‘above, the name and corporate seal ofeach corporate party being hereto afflxed and these presents duly signed by its undersigned rapresentative, pursuant to authority of its governing body. in Presence of: WITNESS INDIVIDUAL PRINCIPAL 2 as to -_ cet [SEAL] 3 as ‘to oo ae . [SEAL] 4 as to . [SEAL] WITNESS INDIVIDUAL PRINCIPAL 1. | seth asto cuneate [SEAL] 2 vi pan am STO | Leonnm [SEAL] CORPORATE PRINCIPAL Attest BUSINESS ADDRESS BY __ AFFIK, — CORPORATE THLE “SEAL CORPORATE PRINCIPAL Attest BUSINESS ADDRESS BY : AFTIE - CORPORATE. TITLE ‘SEAL 0-7 The rate of premium on this-bond is per thousand, — ee Tota! amount of premium charged, $ Cl ee (he above must be filled in-by corporate surety) CERTIFICATE AS TO CORPORATE PRINCIPAL Me ee eee nee ._ _ . Sertify that lamthe oe wee eee, of the corporation named as principal in the within bond, that: ST ee ee whe signed the said bond on behalf of the principal, was then we pene ne eee. of said corporation; that | kriow his/her signature, and his/her signature thereto is genuine; and that said bond was duly signed, sealed, and attested for and in behaif of said corporation by authority of its governing body. [CORPORATE] [ SEAL ] INSTRUCTIONS _ 1 This form shall be used for ‘sonstruction work or the furnishing of supplies or services, whenever a performance bond is required. There shalt bé no deviation from this form except as authorized by the Department of Property and Procurement. shall be inserted in the space’ provided therefor, and each such party shall sign'the.bond with:his usual signature on the line opposite fhe scroll-seal, and if signed in Maine. or New. Hampshire, an adhesive seal shall be affixed opposite the signature, 3 The name; including full Christian: name, and business or residence address of each individual. party to the bond: 4 Jf the principals are partners, their individual names shall appear inthe space provided. therefor, with the recital that they are partners composing a firm, naming it, and all the rnembers of the firm shall execute the bond as individuals, ® If the principal or surety is a.corporation, the name of the State in which incorporated shall be inserted in the space provided therefore, and said instrument. shall be executed and attested under the corporate seal as. indicated in the form. {f the carporation has no corporate seal the. fact shafl be:stated, in which case a scroll or adhesive seal shall appear following the corporate name. . 6 The official character and authority of the person or persons executing the bond for the Principal, if a corporation Shall be certified by the secretary or assistant secretary, according to the form herein provided. In lieu of such cettificate there may be attached to the bond copies of so mich of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, fo be true copies. ? The date. ofthis bond must not be priar tothe date. of the instrument in connection with which itis given. 0-8 FORM - PaP.P8.20:73 GOVERNMENT OF THE VIRGIN ISLANDS DATE BOND EXECUTED- REVISED 1600" PAYMENT BOND COMM. OF PROP.& PROC, (See instructions on Reverse} PRINCIPAL SURETY: PENAL SUM OF BOND (Express In words and figures} CONTRACT-NO, DATE OF. CONTRACT KNOW.ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL and SURETY. above named, are held and firmly bound unto the Government of the Virgin fslands, Hereinafter called the government, in the penal sum of the amount stated above, for the payment of which sum well and truly to be made, wé blind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS. OBLIGATION: iS SUCH, that whereas the principal entered into a certain contract with the Government, numbered and dated as shown above and hereto ‘attached: NOW THEREFORE, if-the principal shall promptly make payment to all persons supplying labor and material.in the prosecution of the work. provided for in said.contract, and any ahd all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety-being hereby waived, then this obligation to.be void; othénwise to.remain in full force and Virtue, IN WITNESS WHEREOF, tte above-bounden parties have executed this: instrument under. their several seals on the date. indicated above, the name and corporate seal of each corporate party being hereto affixed and these Presents duly signed by its undersigned represéitative, pursuant to authority of its.goverriing body.. In Presence af WITNESS INDIVIDUAL PRINCIPAL Yenc eeeeeeeeeeeee as to wee eee eee ew ee. SEAL Bee asio ot wee eee ~----. ~~... [SEAL] 4 oe wee ee as.to wee ee eee [SEAL] WITNESS INDIVIDUAL PRINCIPAL Bee eee eee as to we een (SEALY 2. ee -13 °) wenn ee eee eee eee. (SEALY CORPORATE PRINCIPAL Attest BUSINESS AQDRESS ay AFFIX CORPORATE TITLE ” SEAL CORPORATE PRINGIPAI, Attest. BUSINESS ADDRESS BY. AFFIX. CORPORATE TITLE SEAL 0-9" The rate of premium. on this bond is per thousand: meee eo Total amount: of premium charged, $ te eee ee ee (The above must be filled in by corporate surety) CERTIFICATE AS TO CORPORATE PRINCIPAL eee eee eee weeeeuel_.. certify thatiamthe secretary Srine cerperation named as principal inthe within Bond that who signed the said bond on behalf-of the principal, was then of said a ee ee a corporation: that’! know his/her signature, and his/her signature thereto is genuine: and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body, [CORPORATE] [ SEAL ] Ee ae ee ee INSTRUCTIONS: 1 This form, for the protection of persons supplying labor and material, shall be-used whenever a payment bond is required. It may also be used in any other case in which.a payment bond is to be required. There shall be nodeviation fram this form except as authorization by the Government of the Virgin Islands. 2 The surety on the bond may be'any corporation authorized under the laws of the Government of the Virgin Islands any State or possession of the United States, or by the Secretary of the Treasury to act as surety, or two responsible individual sureties. Where individual sureties are used, this bond must be’ accompanied by a complete Affidavit of Individual Surety foreach individual surety (Standard Form:} 3 The. name; inctuding full Christian name, ‘and business of residence address of each individual party to the bond shall be inserted inthe space provided therefor, and’ each-such party shall’sign-the bond with his usual ‘signature on the line opposite the scroll seal, and if signed in Maine or New Hampshire, an adhesive seal shall be affixed opposite the signature. 4[f the principals are partners, their individual names.shall appear inthe space: provided therefor; with the recital that they are partners composing.a firm, naming it, and all the members ofthe firm shall execute. the bond as individuals. 5 If the principal .or-surety is a corporation, the name of the State in which incorporated shall be inserted in the. space provided therefore, and said instrurient shalt be executed and attésted under the corporate seal as. indicated in the form. If the corporation has no corporate.seal the fact shall be stated, in which. case a‘ scroll or adhesive seal shall appear foltowing the corporate:name. 6 The offical character and authority of the person or persons executing the bond forthe principal, ifa corporation shall be certified by the secretary or assistant secretary, according to the form herein provided. In lieu of such certificate there may be attached tothe bond copies of so much of the records of the corporation as will show the official character and authority of ‘the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies, 7 The date ofthis bond must hot: be prior -to the: date of the: instrument in connection -with which it is given. 0-10 GOVERNMENT OF THE VIRGIN ISLANDS. SCHEDULE OF AMOUNTS FOR CONTRACT PAYMENTS (PART A) NAME OF PROJECT: PROJECT NO.: NAME OF CONTRACTOR: CONTRACT NO: APPROVED BY: FOR: DATE: item ‘Description of Item Quantity | Unit of | Labor Gost Material ‘Other Total Cost No. Measure | Dollars _ Cost Cost Value |} Per Unit . Dollars Dollars (1) (2) (3} (4) (8) (6) (7). (8) (9) P-1 SCHEDULE OF AMOUNTS FOR CONTRACT PAYMENTS PART B ESTIMATED SCHEDULE OF PAYMENTS ACCUMULATIVE TOTALS Period Covered | Monthly Payments Retainage Amount Paid {| Retainage Held | Balance. TOTAL P-2 DDP-PE-76-86' REVISED 1-27-86 GOVERNMENT OF THE VIRGIN ISLANDS PERIODICAL ESTIMATE FOR PARTIAL PAYMENT NAME OF PROJECT: FEDERAL PROJECT LOCATION: NAME OF CONTRACTOR: CONTRACT NO: PERIODICAL ESTIMATE NO. FOR PERIOD TO. Original Estimate Completed Bate Value of No, Description of Item Quantity Unit of ‘Cost Value: Ne, of: Value Yo ‘Measure Units Uncomplete Completed 41) (2) {3) per Unit d Work (4) {5) {8) (7) (8) (9} (40) TOTAL P-3 1. SCHEDULE OF CHANGE ORDERS APPROVED CHANGE ORDERS COMPLETED TO Value of % DATE Description offlem | Quantity Unit of - Cost. | Value Na. of Value | Uncompleted | Completed Measure | per Unit. Units Wark (2) (3) {4) {5) (8) {7) (8) (9) (10) CHANGE ORDER TOTAL TOTAL CONTRACT ‘2. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE A, Original cantract amount.....;..-...0.. steeceseecseeanann sane tee denana ete tndeseeed $6.00 B Plus: Additions,..........0.... eg eeeeepereentuaeeerers sve ee wpe sas redeneees anes sechenees c Less Deductions... ccs ::esscsacsevecercarssesveveesessereavaseceveceuceceuversevee D Adjusted contract amOuNt........0.ccscccseces scuett csaceesescissevaceceeneeceteceses 3. ANALYSIS OF WORK PERFORMED 1 Value of original coritract work performed to date (Column 8 Front)...... $0.00 2 Extra work performed to date:.c...isctcecssecvacucteas! sessrececceesecvenee 3. Total value of work performed to date... ....ccccceccccccvcsscsceccesecccenen 4, Add materials stored at close of this period (Attach detailed schedule).......... fv een tae taeees nt eueaeuenes we eegee eed rvvaes cess 5. Less; Amounts fetained........... weve Percent........ Getvneesees penegeees 6. Net amount earned on contract worl: to date....... daetutenes cead een teaes lacs 7 Other Deductions... 0... cee ccc ce cee ces ceveoycerupeest su geuvenseessvusecupes 8 Less; Amounts of previous payments ...:.0 0.0... cceesestsnqscereetesesee 9 BALANCE DUE THIS PAYMENT.....00:0:cccctcccreescsdecsesdesvecscouervuse 4. CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, | certify that all terms and amiounts shown on the face of this Periodical Estimate are correct, work has been performed and/or.material supplied in full accordance with the Terms and Conditions of the Contract between this GOVERNMENT OF THE VIRGIN ISLANDS and. dated and/or authorized (Contractor) (Contract Date) deviations, ‘substitutions, alteration, and/or additions; that ihe following is.a true.and correct statement of the contract account up to and including the last day of the period covered by this Periodical Estimate, and that no part of the “Balance Due this Payment" has been received, , , By (Contractor) (Authorized Representative) , 2013 Title ‘S. CERTIFICATION OF AUTHORIZED GOVERNMENT REPRESENTATIVE | certify that | have checked and verified this Periodical Estimate No. for the period , 2013 to , 2013 . inclusive; that ta the best of my knowledge and belief itis a true and-correct statement of work performed and/or material supplied by the Contractor; that all work.and/or | material included in this Periodical Estimate No. has been inspected by me and/or my duly authorized representative or assistants and that it has been performed and/or supptied in full accordance with the Terms and. Conditions of the construction contract, drawings, plans and specifications, and/or duly authorized deviations, substitutions, alterations and/or additions, all of which have been authenticated or. conditionally approved by the duly authorized agent of the GOVERNMENT OF THE VIRGIN ISLANDS. , i. Date: Arch/Engineer 2. Date: Commissioner of Publis Works 3. Date: Using Agency 4, Date Federal Agericy , 5. Date Contracting Officer DDP-OGO-77-96. (REVIEWED 4-27-96) GOVERNMENT OF THE VIRGIN ISLANDS ST. THOMAS, VIRGIN ISLANDS CONTRACT CHANGE ORDER CONTRACT NO. DATE:. CHANGE ORDER.NO. PROJECT NO;: LOCATION: TO: (CONTRACTOR) YOU ARE HEREBY REQUESTED TO COMPLY WITH THE FOLLOWING.CHANGES FROM THE CONTRACT PLANS:AND SPECIFICATIONS. . DESCRIPTIONS OF CHANGES -QUANTITIES, UNITS: , DECREASE IN INGREASE IN TTEM UNIT PRICES,-CHANGE IN COMPLETION SCHEDULE, ETC. CONTRACT CONTRACT PRICE it (2} PRICE {4} CHANGE IN CONTRACT PRICE DUE TO THIS CHANGE ORDER: FOTAL DECREASE | . $O.OOXXXXXXXXXXXKXX! OAL NCR NSE it POOKXOOC00 ‘$0.00 DIFFERENCE BETWEEN COL. (3) AND (4} $0,00 $0.00 NET (INCREASE)(DEGREASE} CONTRACT PRICE $0.00 $0.00 The sum of § Is hereby (added to) {deducted from) the. total contract price and the fotal adjusted contract price to date thereby Is $ .. The time: provided for completion ithe. contract is (unchanged) (increased) (decreased). by ; ; . _. calendar days. The document shall become. an amendment-to the contract.and all provisions of the contract will apply hereto. Se ; TL BANC ; ACCOUNT CODE | ; ACCOUNT CODE | ey. | uno | opr | a. TD appn | oar Lore} acct | tas 4 opr co. DEPARTMENT OR AGENCY ORIGINAL ENCUMBRANCE. $ NET INCREASE (DECREASE) 5 CERTIFYING OFFICER NET ENCUMBRANCE $. DEPARTMENT. OF FINANCE (PUNCH) CHECKED BY. VERIFIED BY. (REQUIRED SIGNATURES ON REVERSE) VOUCHER EXAMINER: REVIEWING OFFICER : : PROJECT NO. CONTRACT NO. CHANGE ORDER NO. REQUEST AND JUSTIFICATION FOR CHANGE 1. Necessity for change: 2. Is proposed change an alternate bid? Yes ] Nof ] 3. Will proposed change alter the size of the project? Yes[ ] Nof J If "Yes," explain: 4, Effect of this change on other prime contracts: 5. Has consent of surety been obtained? Yes[ ] No[ ] (Not necessary. 6. Will this change affect expiration or extent of Yes[ ] Nof[ ] insurance. coverage? . . lf "Yes," will the policies be extended? Yes[ ] No.[ ] 7. Effect on operation and maintenance costs: OWNER - AGENCY DATE Accepted By: CONTRACTOR Date Recommended By: _ _ ARCHITECT--ENGINEER Date Approved By: ) COMMISSIONER OF DPW Date Federal Agency: Date. Contracting Officer: Date ; P-7 3128411 RELEASE OF CLAIMS UNDER CONTRACT ___ WHEREAS the terms of a contract dated....... Pee eee, entered into by the Government of the Virgin Islands represented by.........., Meee eeae Contracting Officer and..,.. Seba eee eae -@ Corporation-organized and existing under the Laws of ....................... .. . With principal offices in... 0... Lec egeeeae be ciegees for the construction of state that" pon completion and acceptance of all work required. hereunder the mount the Government with 4 release, if required, of all claims against the Government arising under and by virtue of this contract other such claims. if any, as may be specifically excepted by the contractor from the operation of the release in stated amounts to be set forth therein." NOW THEREFORE in consideration of the premises and the payment by the Government of the Virgin Islands to the contractor of the.amount due under the’ contract the sum of... 0.20.00. eda eat e cence nae (Bo... +..+~), the contractor hereby Tremises, releases, and forever discharges the Government from all manner of debts, dués, sum or sums of money, accounts, claims, and demands whatsoever. In law and in equity under or by virtue of the said contract and warrants good title to all materials, supplies and equipment installed or incorporated inthe............... and all work delivered in the premises, together with all improvement sand appurtenances constructed thereon by....0.........,, ee eee . to the Government of the Virgin Islands free-of any claims, liens, or charges; further that neither if nor any person firm or corporation furnishing any material or labor for any work covered by this contract has any Unpaid expenses or wages. for such material or labor nor has any right to a lien upon the premises or any improvements or appurtenances thereon, . IN WITNESS WHEREOF the hand and sea of the contractor have been heréunto set this... .. Deane day of... 0.0. oll. 20..... (seal) beset ceed eae ee .. certify that] amthe......... rn 7 .. Of the corporation named as contractor herein; that................. . . who signed this release on behalf of the corporation was then......... tees ena Lees of said corporation and that said release. was. duly signed: for and on behalf of said corporation by authority of its governing body. | a Sop R RRs ft ee ee ee ee es 312379.) STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT # ER-VI-9999(137) SECTION Il SPECIFICATIONS STT/STJ DISTRICT WIDE EMERGENCY RELIEF | TEMPORARY TRAFFIC CONTROL INSTALLATION Project#: ER-VI-9999(137) SPECIFICATIONS All work included in this’ solicitation shall conform with the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-14) including all erratas and amendments thereto, except: 1. The fallowing Sections of Division 100 shall-not apply. Section 101, 102, 103 in part, 104 in part, 107 in part, and 108. (Contract Generali Provisions. are contained ih Section II of the Contract Book. See Supplemental Specifications, S-1 for applicable-sections.) 2. Supplemental, Special and Technical Specifications, if any, shalt take precedence over FP-14 provisions, See Contract General Provision 48. Any references to Federal Acquisition Regulations Contract Clauses contained in FP-14 shall not apply to this Contract. 31238534 SUPPLEMENTAL SPECIFICATIONS (As Applicable) The following FP 14, Sections of Division 100, in whole or as written in part below, shall be utilized in the administration of the construction contract: Section 101.— Terms, Format, and Definitions Subsection 101. Delete the entire subsection. See the General Provisions for Terms, Format, and Definitions. Section 102.-— BID, AWARD, AND EXECUTION OF CONTRACT 102.01 Acquisition Regulations, Delete the text and substitute the foilowing: Contract Book, Section |, “Bidding Information & Contract Documents’, Subsection 102.02 thru 102.06. Delete thé entire subsection. Section 103. — SCOPE OF WORK Subsections 103.03. and 103.04. Delete the entiré subsection. 103.05 Partnering. Delete the last two paragraphs and substitute the following: 103.05 Partnering. To facilitate this contract, the Government offers to participate:in a formal partnership with the contractor. This partnership draws on the strengths of each organization to identify and achieve reciprocal goals. Partnering strives to resolve problems in’a timely, professional, and non-adversarial manner. If problems result in disputes, partnering encourages, but does not require alternative dispute resolution instead of the formal claim process, see General Provisions No. 53, Disputes, concerning disputes arising under this.contract. The objéctive is effective and efficient contract performance to achieve a quality project within budget and on schedule. Section 104. — CONTROL OF WORK: Subsection 104.03 and 104.04. Delete the entire subsectidn. 104.03(a). Add the following to the third paragraph: Drawings: will be reviewed in the order they are received. 8-1 Job site visits. by the Department of Public Works / Office.of Highway Engineering (DPW/OHE) do not constitute an ‘official inspection unless specifically ordered. — 104.03(b). Add the following after 104.03(b): (c) As-built working drawings. Furnish one set of as-built working drawings to be used exclusively for recording the as-built details of the project. Keep the.as-built working drawings current ori a: weekly basis and have that set available on the jobsite at ail times. Accurately and neatly record changes from the contract plans, which are made in the work. This'includes any additional information, which might be uncovered in the course of construction, as they occur by means of details-and notes. Maintain a log of all changes made to the as-built working drawings monthly. At the estimate cutoff date, make the as-built working drawings and logs available for review by the Project Engineer. Nofe all additions or revisions to the location, character, and dimensions of the prescribed work must be shown on the contract drawings. Line out alf details shown that are not applicable to the completed work. Use the redline process (red pencil or red ink) to record on the as-built working drawings and final as-built drawings. The information. below describes the: minimal guidelines for working drawing submittals: (1) Typical section(s) (a) Revisions in dimensions; and fb} Revisions in materials. (2) Plan and profile. (a) Plan (1) Revisions to the alignment. (2) Changes in the construction limits; (3) Revisions in location, type, and grade of road approaches; (4) Location and type of utilities; (8) Location, size, and type of underdrains; (6) Skew of culverts; (7) Channel changes: (8} Location of monuments and permanent references: S-2 (9) Elevations for ail'aetial and underground crossings of utilities: and (10) Location, length, and type of fencing. (b) Profile (1) Revisions to gradés, elevations, and stationing of intersection Pis; (2) Equations:. (3) Culvert diameter, length, type, and.stationing: (4) Length of culvert extension, and léngth of existing culvert: (5) Location, length, stationing, and type of retaining walls: and (6) Location, length, stationing, and end treatment of guardrait.. (3) Bridge (a) Stationing of bridge ends: (b) Elevations including footing, bearing pads, deck, and top of wails; (c) Pile driving record with pile length, size, type, and tip elevation; (a) Post-tensioning records including stressing sequence, jacking force; and duct size and layout; (e) Construction and concrete placement sequences; (f} Bearing details with orientation; (g) Expansion joints including actual clearance with atmospheric temperature; and (h) any changes in plan or-dirnensions including any major changes in teinforcing. (4) Miscellaneous {a).Revisions to parking areas or turriouts; (b) Final location, type and length of curbs, sidewalks, etc.:. (c) Fencing type and limits: and 8-3 (d} Landscaping and planting. (5) Special Contract:Procedures (a) Method of excavation, concrete placement, structure repairs, etc: Prepare final as-built drawings after the completion of each definable feature of work as listed in the Contractor Quality Contrai Plan (Foundations, Utilities, Structural-Steel, etc., 48 appropriate for the project). The Project Engineer and the contractor will jointly review the as-built working drawings and final as-built drawings for accuracy and completeness prior to submission of each monihly pay estimate. if the monthly review finds.that the contractor is not maintaining the as-built . working drawings, payment of the contractor's invoice will be withheld until the as-built Working drawings ‘are brought up-to-date. Furnish the as-built working drawings to the Project Engineer before the final inspection. Correct all details found during the final inspection that are not shown on the as-built working drawings and return to the Project Engineer within 5: working days for approval. Final payment-per the General provision No. 43 “Scope of Payment” will not be made until the final'as-built drawings have been reviewed and approved by the Project Engineer. (a) No ‘direct payment will be made for maintaining and furnishing as-built working drawings. 104.05 Load Restrictions. Delete the entire Subsection and replace with the following: 104.05 Load Restrictions. General Provision No. 20 is supplemented by the following requirements. “Laws fo be observed”. Comply with all legal load restrictions when hauling material and equipment on public roads to and from the project. A spécial permit does not relieve the contractor of liability for damage resulting from the moving of material or equipment. Uniess otherwise permitted, do not operate equipment or vehicles that éxceed the legal load limits over new or existing structures, or pavements within: the project except those pavements intended to be removed, Operate loaded vehicles hauling material at speeds not exceeding 35 miles per hour, or the posted speed limit whichever is lower, and spaced at 500-foot minimum intervals. S-4 Section 105.— CONTROL OF MATERIAL 105.01 Source of Supply and Quality Requirements. Delete the-first paragraph and substitute the following: 105.01 Source of Supply and Quality Requirements. General Provision No. 16 “Sources of Supply and of Material’ is supplemented by the following requirements. 105.04 Storing and Handling Material. Add the following: The contractor shall provide all Space outside the construction limits needed for storage of materials if not provided. for through the contract at the expense of the contractor. Section 106. —- ACCEPTANCE OF WORK 106.01 Conformity with Contract Requirements: Delete the entire subsection and substitute. the following: 106.01 Conformity with Contract Requirements. General Provision No. 13 “Inspection” and Géneral Provision No. 17 “Samples and Tests” is supplemented by the following requirements. References to standard test methods of AASHTO, ASTM and other recognized Standard authorities refer to the methods in effect on the date of solicitation for bids. Perform work according to the contract requirements. Perform all work to the fines, grades, cross-sections, dimensions, and processes or material requirements shown on the plans or specified in.the contract. Incorporate manufactured materials into the work according to the manufacturer's recommendations or fo these specifications, whichever is. stricter, Remove and replace work that does not conform to the contract, or to’ prevailing industry standards. where: no specific contract requirements are noted, at no cost to the Government: As an alternative to removal and replacement, the contractor may submit a written request to: (@) have the work accepted at a reduced price; ar (b) be given permission to perform corrective measures to bring the work jnio conformity. The request must contain supporting rationale and documentation. Include references or data justifying the proposal based on an evaluation of test results, effect on service $-5. life, value of material or work, quality, aesthetics, and other tangible engineering basis. The Project Engineer will determine disposition of the nonconforming work. When standard manufactured items are specified (such as fence, wire, plates, rolled ‘Shapes, pipe conduits, etc., that are identified by gauge, unit mass, section dimensions, etc.) the identification will be considered to be nominal masses or _ dimensions, Unless specific contract tolerances are noted, established manufacturing tolerances will be accepted. 106.03 Certification. Delete the second paragraph. Section 107. LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC. 107.01 Laws to be observed. Delete the entire subsection and substitute the following: 107.01 Laws to Be Observed. General Provision No. 20 is supplemented. by the following requirements. “Laws'to be Observed’ and General Provision No. 21. “Permits and Licenses". Comply with ail applicable laws, ordinances, safety codes, regulations, orders, and decrees. Protect and indemnify the Government and its representatives against any claim or liability arising from or based on the alleged violation of the same. Comply with all permits.and agreements obtained by the Government for performing the work that is included in the contract. All additional permits or agreements. and modifications to Government-obtained permits or agreements that are required by the contractor's methods of operation must also be obtained.’ Fumish copies of all permits and agreements to the Project Engineer. 107.02 Protection and Restoration of Property and Landscape. Deléte the entire subsection and substitute the following: . 107.02 Protection and Restoration of Property and Landscape. Geherai Provision No. 22 “Restoration of Surfaces Opened by Permit’ is supplemented by the following: Protection. of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Preserve public and private property and protect monuments established. for the purpose of perpetuating horizontal, vertical, cadastral, or boundary control. Wher necessary to destroy a monument, reestablish the monument according to applicable Virgin Islands statutes or ‘by the direction of the agency or individual who established the monument. Do not disturb the area beyond the construction limits. Replace trees, shrubs, or vegetated areas damaged by construction Operations as directed and at no cost to the. Government. Remove any damaged limbs of existing trees by an approved arborist. S-6 Do not.excavate, remove, damage, alter, or deface any archeological or paleontological remains or specimens. Control the actions of employees and subcontractors on the. project to ensure that protected sites are not disturbed or damaged. Should any of these items be encountered, suspend operations at the discovery site, notify the Project’ Engineer, and continue operations in other areas. The Project Engineer will inform the. contractor when operations may resume at the discovery site. When utilities are to be relocated or adjusted, ‘the Government and/or the contractor will notify all utility owners affected by the relocations or adjustments. The relocations or adjustments. willbe performed by others or will be included in the contract work. Before beginning work in an area, the contractor shali have all utility owners locate their utilities. Protect utilities from construction operations. Cooperate with utility owners to expedite the relocation or adjustment of their utilities to. minimize interruption of service and duplication of work. if utility services are. interrupted. as a. result of damage by the construction, immediately notify the utility owner, the Project Engineer, and other proper authorities. Cooperate with them until service is restored. Do-not work around fire hydrants until provisions for continued service are made and approved by the local fire authority. If utility adjustment work, not included in the contract, is. required, compensation for the. work will be provided under applicable clauses. of the contract, Satisfactorily repair damage due to the fault or negligence of the contractor at no cost to the-Government. Subsection 107.04 Railroad Protections. Delete the entire subsection. 107.11 Protection of Forests, Parks, and Public Lands. Delete the entire subsection and substitute-the following: 107.11 Protection of Forests, Parks, and Public Lands. Comply with all regulations of the territory fire marshal, conservation commission, or other authority having jurisdiction governing the protection of jand including or adjacent to the. project. Section 108. — PROSECUTION AND PROGRESS 108.01 Commencement, Prosecution, and Completion of Work. Delete the first sentence. 108.02 Subcontracting. Delete the entire subsection and substitute the following: 108.02 Subcontracting. General Provision No. 72 “Subcontractors. and Suppliers” is supplemented by the following requirements: Subcontracting does not relieve the contractor of liability and responsibility under the coniract and does not create any contractual ‘relation between subcontractors and the 5-7 Government. The contractor is liable arid responsible. for any. action or lack of action of subcontractors. Within 14 days of subcontract award, Submit an SF 1413- Statement and Acknowledgement with Part | completed and FHWA 1775.—-Notice of Subcontract Award — Supplemental Information. Complete other forms that may be provided by the Government to clearly show the work subconiracted and the total dollar amount of the subcontract. For subcontracts involving on-site labor, require the subcontractor to complete Part tl of the SF 1413-and complete other forms that may be provided by. the Government. Submit:a separate statement documenting the- cumulative amount of all on-site subcontracts to date as a percentage of fhe originai contract amount. Furnish this information on all subcontracts at lower tiers. Performance of Work by the contractor: The percentage of work performed on-site by the contractor will be computed as 100 percent less the combined initial dollar amount. of all subcontracts involving on-site labor. 108.03. Determination and Extension of Contract Time. Delete. the first paragraph and substitute the following: 108.03 Determination and Extension of the Contract Time. Follow: the. requirements of General Provision No. 39 “Deterrnination and Extension of Contract Time for Completion’. Section 109. —- MEASUREMENT AND PAYMENT 109.01 Measurement of Work. Delete the first paragraph and substitute -the following: 109.01 Measurement of Work. The following requirements supplements the General Provision No, 42 “Measurement of Quantities”. No. 43 “Scope of Payment’, and No. 44 “Payment for Increased or Decreased Quantities”. The contractor shall check, review and verify all plans, dimensions, and site conditions prior to construction, any discrépancies of omissions noted on the drawings or in the specification or any variations needed in order to conferm to code, rules and regulations shail be reported in writing to the Project Engineer. Any such discrepancies, omissions, or variation not reported during the bidding period shail be the responsibility of the contractor who shall perform the work as per the Project Engineer instruction, 109.05 Scope of Payment. Delete the first paragraph and add the following: 109.05 Scope of Payment. General Provision No. 43 “Scope of Payment’ is ‘supplemented by the following requirements: Payment for all contract work is. provided, either directly or indirectly, under the pay items shown in the bid schedule. 109.08 Progress Payment. Delete the first sentence. 109.08(b) Add the following: Submit invoices by the 7th day after the closing date. Invoices received after the. 16th day following the closing date will not be accepted for payment processing that month. Include late, unprocessed invoice submittals in the following month's invoice. Section 151. — MOBILIZATION 151.03 (a). Delete the sentence and substitute the following: (a) Bond premiums will be reimbursed after receipt of the evidence of payment. Section 152—CONSTRUCTION SURVEY AND STAKING 152.02 Delete the paragraph and substitute-the following: Furnish technically qualified licensed professional land surveyors capable of . performing in.a timely and accurate manner. A licensed professional surveyor shall be on the project whenever surveying/staking is in progress. 152.04(a). Delete the paragraph and substitute the following: Furnish technically qualified licensed professional land surveyors capable of performing in a'timely and accurate manner. A licensed professional surveyor shall be on the project whenever surveyirig/staking is in progress. 152.04. Delete the after Sub Section (a) and substitute the following: 152.04, Include staking activities in the construction schedule submitted according to Section 155. Include the dates and sequence of each staking activity. The contractor will set initial reference lines, will-set horizontal and vertical control points,. and will furnish the data for use in establishing control for completion of each element of the work. Data relating to horizontal and vertical. alignment, theoretical slope stake, catch points, and other design data will be furnished to the Projéct Engineer for. approval. Before beginning construction, notify the Project Engineer of any missing initial reference lines, control points, or stakes. The contractor will reestablish initial reference lines, control points, and stakes missing before the. beginning of construction. Preserve all initial reference and control points. After beginning construction, replace all destroyed or disturbed initial reference or contral points necessary to the work. 5.9 Before surveying or staking, discuss and coordinate the following with the Project Engineer: (a) Surveying and staking methods: (6) Stake marking; (c) Grade control for courses of material; (d} Referencing; (e) Structure control: and (fy Any other procedures and controls necessary for the work. Survey and establish controls within the tolerances shown in Table 152-1. Prepare field notes in an approved format. Furnish all survey notes at least weekly. All field notes and Supporting documentation become the property of the Government upon completion of the work. Start work only after staking for the affected work is accepted, The construction survey and staking work may be spot-checked for ‘accuracy, and Unacceptable portions of work may be rejected, Resurvey rejected work, and correct work that.is not within the tolerances specified in Table 152-1, Acceptance of the construction staking does not relieve the Contractor of responsibility for correcting érrors discovered during the work and for bearing alt additional costs associated with the error, Remove and dispose of all flagging, lath, stakes, and other staking material after the project is complete. Furnish a practicable schedule of ‘staking activities with the-construction schedule, submitted to the Project Engineer for approval, according to Section 155. Include’ the dates and sequence of each Staking activity. 152.05. Delete the text of paragraphis (h), and (k). 152.05(a). Add the following: Set bench marks (at least every 500 ft of roadway). Replace any missing control poirits. 152.05(e). Add the following: ()Reestablish centerline as many times as necessary to construct the work. S-10 Section 154.--CONTRACTOR SAMPLING AND TESTING: 154.04, Add the following: When there is a contract pay item for Contractor testing, furnish technically qualified Materials Lab / Technician capable of performing in a timely ahd accurate manner for material testing. A Materials Technician shail be on the project whenever any earthwork, concrete, and asphalt are in progress. Furnish test results to the CO immediately after completing the test, The requirements for furnishing test results do not include sample aging or curing time; therefore, reporting times will be extended accordingly. Submit proposals for using alternate AASHTO or State approved test methods in writing for approval. Alternate methods may be allowed based on documented equivalence to the method Specified. 184.05. Add the following: Report test results-on forms containing all sample information required by Subsection 154.03. Label clearly all interim measurements used.to determine: the results, Attach work sheets used to determine test values to the test result forms when submitted, Section 155.-SCHEDULES FOR CONSTRUCTION CONTRACTS Add the following after the third Paragraph: Weather Delays. (a) Definitions... (1) Reasonably, Predictable Weather is defined as the number of . workdays that can expect to be lost in‘any month. due to rainfall based on ten-year historical weather data. (2) A Rain Day is definedas a potentially lost workday on which rainfall is. equal to or greater than 0.10 inch. (3) A Drying Day is defined aS a work day(s) immediately following a rainfall equal to or greater than 1.00 inch, which is potentially lost because of wet ground conditions. (4) A Workday is a day not‘excluded from work by Section 108. Sell (5) Unusually Severe Weather. When the number of Actual Workdays Lost is greater than the calculated Total Lost Days for the month in question. (b) Reasonably Predictable V\ eather. The Contractor shall determine Reasonably Predictable Weather for this contract by completing Table R1. Data for Table R1 shall-be calculated as follows: (1) Using the last ten (10) years. of historical weather data from the nearest NOAA weather data collection.station, compute the average number of workdays lost (rain days plus drying days) for each month and the standard deviation from the average. Add the average number of workdays lost to the standard deviation, (2) The Total number of Lost Days (Average Workdays Lost plus One Standard Deviation, rounded to whole days) will be considered normal for each month: (3) Submit a completed Table R1 with the initial construction schedule. (c) Unusually Severe Weather the Contracior can request time for a delay due to Unusually Severe Weather. For this contract, Unusually Severe Weather due to rainfall is defined as when the number of Actual Workdays Lost is greater than the calculated Total Lost Days for the month in question. The number of Actual Workdays Lost is. calculated by. first totaling the actual Rain Days plus the actual Drying Days occurring in the month in question. From this total, deduct any workdays meeting the following conditions: (1) The Rain Day or Drying Day occurred oh a non-work. weekday such as a holiday. (2) Rainfall occurred at a time when no weather dependent work was in Progress or occurred during planned or unplanned shutdowns due to other circumstances such as equipment failure, Sitikes, material. supplies, delays, etc. (3) The Contractor was still working or able 'to work on weather dependent activities to the extent that léss.than 50% of the workday was lost due to weather. lf the net number of Actual Workdays Lost is greater than the Total Lost: Days, than Unusually Severe Weather will have occurted in the month in question. (d) Time Adjustments for Rain Delays If the net number of Actual Workdays Lost to. rain is less than the Total Lost Days for the month in question, no time adjustments will be made. If the net number of Actual Workdays Lost is more, then an excusable tim must submit a Weather Tim @ Impact Ana delays due to: Unusually Severe Weather. (e) Delays Due To Other Weather Conditions De _ Severe weather conditions Weather Time Impact Anal 155.06. Add the following: e extension may be granted. The Contractor lysis Supporting any alleged lays due to other unusually (heat, high winds, etc.) must be Supported with 4 ysis using historical weather data. No progress payment will be made for any work until an updated construction schedule has been submitted and approved by the CO. 155.08. Delete the paragraph and substitute the following: Schedules for Construction Contracts will not measure directly for payment. Add the following at the end of the Subsection: Project Number . Location of NOAA Data Collection Station Data Years (10-year history): 20 through 20 REASONABLY PREDICTABLE WEATHER TABLE R1 MONTH AVERAGE WORKDAYS LOST STANDARD DEVIATION TOTAL LOST DAYS JANUARY _FEBRUARY MARCH APRIL MAY JUNE JULY: AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 156.07. Limitations on Construction Operations. (i) Delete the text and substitute the following: Limit construction caused délays to public traffic to a maximum of 15 minutes through any work.zone and.a maximum 30-minute delay through the entire project length. (j) Add the following: Limit length of construction area as-approved by Project Engineer. 156.08. Traffic and Safety Supervisor. Add the following after the third séntence in the first paragraph: The traffic control supervisor(s) must be on-site during all work hours, Delete Subsection (e) and replace with the following: (€) The Traffic control. supervisor(s) ‘will inspect all work zone traffic control devices: on the project, including those in staging areas, on-site storage areas, materials sources, and disposal/waste areas as follows: (1) Daily during daylight hours when daylight work is being performed. (2) Weekly during the hours of darkness when only daylight work is being performed. (3) Weekly during hours of darkness when work.is suspended for periods more than one. week, except when the project has been shut down for other issues. (4) Additional inspections, day, or night, as directed by the Project Engineer. The Traffic Safety Supervisor and Erosion Control Supervisor can be designated as the same person and will be available 24 hours a day including weekends for the duration of the project. Section 157, - SOIL EROSION CONTROL 157.04. General. Delete the second paragraph and substitute the following: Standard erosion control devices are_provided in the.contract. For detail site- -specific measureés for controlling erosion, submit to the Project Engineer details for acceptance prior to implementation. Provide working drawings and associated data. that do. not exceed 24 by 36-inches in size. Allow 7 days for acceptance of the drawings or a return for corrections. Include the following in the detailed design: (1) Comply with for storm water runoff applicable laws and or permits, 8-14 environmental commitrnents, and other permit requirements here or in the General Provisions and Subsection 107.01 or 107.40. (2) Location of each proposed erosion control measure. (3) Type of each erosion control measure. (4} Quantities of proposed temporary erosion control devices to be implemented. during construction. A schedule detailing coordination of erosion control measures with the various construction. operations or stages. Include the furnishing, installation, maintaining and removing of temporary devices and the installation of permanent erosion control features. (8) A schedule outlining proposed clearing and grubbing, excavation, embankment, and culvert operations such that the area of disturbed or erodible material is minimized. Schedule the work such that temporary and permanent erosion measures can be incorporated at the earliest practical time. {7) Construction methods used in various items.of work to minimize erosion. Add the following: At least 5 days prior to the preconstruction conference, designate in writing an Erosion Control Supervisor who is responsible for implementing the requirements of this Section. Do not designate the project superintendent as the Erosion Control Supervisor, When temporary erosion control measures are required due to the contractor's negligence, carelessness, or failure to- install permanent controls as part of the work in a timely manner, provide temporary measures at no cost to the Government, Coordinate with the Project Engineer on location and placement of silt fence, 157.16. Acceptance. Add the fotlowing: Soil erosion control will be evaluated under Subsection 106.02 based on the: demonstrated ability of the erosion control measures to result in minimal soil erosion, sedimentation and/or siltation, and turbidity increases within or adjacent to the project limits. Section 204. - Roadway Excavation Section 204.02, (a) (1) Roadway Excavation. Add the following: This item shall include removal and disposal of asphalt pavement. S-15 204.14. Disposal of Unsuitable or Excess Material. Delete the Subsection and substitute the following: Dispose. of excavated material or excess material legally off the project, Section 301.-UNTREATED AGGREGATE COURSES 301.02. Add the following: If an alternate State gradation is produced as provided in Subsection 703.05, notify the Project Engineer in. writing. The target values with respect to the State. gradation will be the midpoint of the allowable State specification band. The allowable deviation (D) will be one-haif the State specification bandwidth. 301.03. Delete the second Paragraph. 301.08. Delete the text and substitute the following: Aggregate for untreated aggregate courses will be evaluated and accepted under Section 2, Section 2, Contract Requirements, No. 13. Inspection (Ref. V Rule 242- 58).The upper and lower specification limits for gradation are the approved target values plus or minus the. allowable.deviations. For surface courses, the Upper and lower specification limits for plasticity index are shown in Tabie 703-3. The aggregate will be tested for acceptance on samples taken from its final location immediately prior. to compaction. Obtain and test three samples in accordance with AASHTO T 27 and T 11. The Project Engineer will determine sampling locations. Construction of untreated aggregate courses will be evaluated under Section 2, Contract Requirements No. 13. - Inspection and Section 2, Contract Requirements No.17 (c) - Samples and Tests. Preparation of the surface on which the aggregate course is. placed will be evaluated under Section 204 or 303 as applicable, 301.10. Delete the first paragraph and substitute the follawing:: The accepted quantities will be paid at the contract price per unit of measurement for the pay items shown. in the bid-schedille. Payment will be full compensation for the work prescribed in this Section. See Subsection 109.05. Section 402.-HOT ASPHALT CONCRETE PAVEMENT 402.01. Add the following: Furnish asphalt binder AC-30. 402.03. Add the following: S-16 If an alternate Marshall designed mixture with the same maximum size aggregate as the specified grading meets the requirements for the location and type of facility being constructed as. designated by the current USVI DPW specification. Submit the aggregate quality, graduation requirements, and mixture criteria for the asphalt concrete mix for approval before production. 402.03(b), Add the following: For alternate job-mixes, submit @ job-mix formula that is currently approved and has. been tested by the USVI DPW or other Goverment agencies within a year of the. date of intended use. Include documentation from a State highway official certifying that it is an approved State mix. 402.18. Add the following: Sawcutting and removal will not be measured. Payment for Sawcutting and removal is paid for indirectly under the above pay item show in ‘the bid schedule. Location and Station of begin and end construction shown in plans is approximate and may need to be adjusted in the fleld. Section 412. - ASPHALT TACK COAT 412.02. Add the following material: Emulsified Asphalt (RS-1) 702.03 Section 601.~-MINOR CONCRETE STRUCTURES 601.03. Delete the first sentence and substitute the following: Conform to Table 601-1 or furnish a concrete mix used locally by either a Federal or Loeal agency for the construction of minor concrete structures. The mix shall meet the minimum 28-day compressive strength requirement of Table 601-1. 601.07. Add the following: See Table 601-2 for sampling and testing requirements. S-17 Taped yo unad 1 er Ly. TLS ™ _ WEDS Sareqosiqd * £2 LOLHSYY —_ aarssoMtuey " _ - PRNSEOE pyar — ana) . — F » SH LOLMISYY ~ cons 961 1. ; ” _ " fa To] LOLUSV¥ _ wales ny 592 {po'907} aimaziluas atiayasip dep red 1 warp seoy SSUENLIOFUG> 10} uodr] — JO yIOg WN yng PA ge aad ja8 7 121 OLHSV¥ _ SSeUr Hur), Pasa) ple pamnseapy arrang-j- TET, ajdmeg Surpdues. AAuanbasig SHOT} Fa DIS {uodasqus) pnposy amacday upg Jo joTeg | auydureg spomayrysay, | daoFaye> ASL PRETD aaaE say Joadéy} 30 eae syuamtatnbey Saysa pie guydwues 7109 age], $-18. Section 617.—GUARDRAIL 617.01(d). Add the following: Provide a terminal section, which meets NCHRP 350, Test Level III criteria. Refer to the following internet web site for the latest approved hardware: http://safety.fhwa.dot.gov/programs/roadside hardware.htm. Obtain the CO’s approval prior to ordering or installing an NCHRP-350 terminal section. 617.02. Add the following: Use steel guardrail, type 2. Use steel guardrail posts with W-beam type guardrail. 617.03. Posts. Delete this subsection and substitute the following: 617.03. Posts. Where pavement is within 3-feet of the guardrail, set posts before placing the pavement where it is not possible to maintain a 2-foot minimum distance between the back of the guardrail post and the top of a slope 1:2 or steeper, increase the post length to 8-feet. Where an impenetrable object is encountered, use a short post. Treat field cuts for wood posts with two coats of preservative treatment applied with a brush or a sprayer. Do not place field cuts in contact with the ground. Anchor short posts in concrete. Backfill and compact the remaining hole with acceptable material. Do not use long or short posts in terminal sections. Drive posts into pilot holes that are punched or drilled. The dimensions of the pilot hole shall not exceed the dimensions of the post by more than 6-inchs. Set posts plumb, backfill, and compact. The locations of guardrail are estimated only. After field stakeout and before ordering, submit exact lengths, locations, curved sections and end treatments in writing to the CO for verification. Guardrail blockouts for Steel post guardrail shall meet NCHRP 350, Test Level Ill criteria and be accepted for use by the FHWA for use on the National Highway System as manufactured or licensed for manufacture by: Valley Rubber, L.L.C., Hartselle, Alabama; Millennium Plastic Wood, L.L.C., Wichita, Kansas; CAMMCO, INC.., Anniston, Alabama; R&P Products, Paris, Ohio; Bryson Products, Inc., Bethlehem, Pennsylvania; Aloha Plastic Recycling, Inc., Kahului, Hawaii; Consource Plastic Recycling Corporation, Tampa, Florida; Polywood Plastic and Lumber, Inc., South Planfield, New Jersey; Central Fabricators, Inc., Kosciusko, Mississippi; Mondo Polymer Technologies, Inc., Reno, Ohio: Creative Building 8-19 Products, Fort Wayne, Indiana; Ramco International, Pittsburgh, Pennsylvania; or approved equal. 617.05. Terminal Sections. Delete the third paragraph and substitute the following: When flared or tangent terminals are required, submit drawings from the manufacturer for the terminals according to Subsection 104.03. 617.10. Add the-foilowing to the first paragraph: This includes curved guardrail sections. Section 625.—_TURF ESTABLISHMENT 625.01. Add the following: The work does not include areas previously protected by soil erosion control measures. according to Section 157, and upon which permanent suitable vegetation has started growth. 625.03. Delete the first sentence and substitute the following: Apply turf establishment to finished slopes and ditches within 14 days after completion of construction on that portion of the site. 625.11. Measurement. Add the following: Turf Establishment will not be measured for payment. Section 633, - PERMANENT TRAFFIC CONTROL 633.01. Add the following: Place. permanent traffic control signs as directed by the Project Engineer. 633.04. Add the following: Fabricate posts from steel. 633.05 (a) Panels. Add the following: Fabricate sign panels from aluminum. 633.09 Measurement. Add the following: Sign posts not measured for payment. Section 634.--PERMANENT PAVEMENT MARKINGS 634.03. General. Add the following: Remove all conflicting pavement markings according to subsection 635.13. Section 635. — TEMPORARY TRAFFIC CONTROL 635.11. Add the following after the second sentence of the first paragraph: Use temporary barriers that meet test level use TL-2 for speeds less than or equal to 45 mph criteria, per NCHRP. Report 350 for crashworthiness standards. 635.11. Delete the second paragraph and. substitute the following: Mount flexible: plastic 6-inch by 6-inch delineators with Type Hl or IV retroreflective sheeting to the: top of concrete barriers on 25-foot centers. Furnish white sheeting when the delineator is to the left of traffic and yellow when to the right. . §35.11B. Add the following: Use water filled plastic barriers as approved by the CO. Provide current standards and Specifications to the CO for approval 14 days prior to installation of the barriers. Final location of barriers will be determined in the field and approved by the CO. Terminate barrier ends outside the minimum clear zone limits. Section 701.--HYDRAULIC CEMENT 701.01. Portland Cement and Masonry Cement. Add the following: For pipe culverts, use one of the following: (a) Low alkali Portland cement. Conform te AASHTO M 85, limiting alkalies according to Table 1A in AASHTO M 85. (b) Blended hydraulic cement. Use AASHTO M 240, type 1S, 4 S-A, 1P, or 1P-A cement. Section 702.-ASPHALT MATERIAL S-21 702.01. Delete the first sentence and substitute the following: Asphait bindets, including those with aniistripping additives and binder blends with hot recycled mixtures, shall conform to AASHTO M 226, Table 2, for viscosity graded binders arid AASHTO MP 4 for performance. graded binders. Section 703.—AGGREGATE 703.02. Add the following: Gravel will not be permitted. 703.05(a), Delete items (3) and (4). 703 .05(a) (5). Delete and substitute the following: (5) Fractured faces, ASTM D 5821 50% min. 703.05(b). Add the following: (3) Plasticity Index, AASHTO Tg0 3 Max 703.05(b), Add the following: Material shall have a minimum California Bearing Ratio of 70% as determined by AASHTO T 193 at 95% of maximum dry density in accordance with AASHTO T 180 (Method D). 703.05(b).. Delete Table 703-2 and substitute the following: Table 703-2 . Target Value Range for Subbase and Base Gradation | Percent by Mass Passing Designated Sieve (AASHTO T 27 andT 4 1) Sieve Size as . ‘Grading Designation A B G DB E (Subbase) (Subbase) (Base) (Base) (Base) 2 41/2 in. 100 (4) |. 2.in. 97-100 (1) 100 (1) 100 (1) ‘S292 25 4 1/2 in. 97-100 (1) 1 1/43. | 1 in. 65-79 (6) 80-100 (6) 100 (1) 3/4 in. 64-94 (6) 86-100 (6) 100 (1) 1/2 in. 45-59 (7) . 3/8 in. 40-69 (6) 5 1-826) | 62-90 (6) No. 4 28-42 (6) 40-60 (8) | 31-54 (6) 36-64 (6) 36-74 (6) No. 40 9-17 (4) 12-26 (4) 12-26 (4) No. 200 4.0-8.0 (3) | -4.0-12.0 (4) | 4.0-7.0 (3) | 4.0-7.0 (3) | 4.07.0 (3) () Allowable deviations. (+/-) from the target values. 703,07(a). Delete line (3) and substitute the following: (3) Fractured faces, ASTM D 5821 75 min. 703,07(a). Delete. item (4). 703.07(b). Delete item (1). Add the following: 703.19. Reclaimed Asphalt Pavement (RAP). Furnish RAP that is processed in some ‘form (by crushing and screening, or milling) to produce a uniform gradation and AC. content. Process RAP so that no particle in the final mixture will.exceed the maximum aggregate size at the time of production and discharge into the transport vehicle. Provide RAP material with a. maximum of 2 percent deleterious. materials. Section 705.--ROCK 705.02. Riprap Rock. Delete the text and substitute ‘the following: 705.02. Riprap Rock. Furnish hard, durable, angular rock that is resistant to weathering and water action and free of organic. or other unsuitable material. Do not use shale, rock with shale Seams, or other fissile or fissured rock that may break into smatller pieces ih the process of handling and placing. Conform to the following: (a) Apparent specific gravity, AASHTO T 85 2.50 min. (b) Absorption, AASHTO T 85 4.2% max. (c) Coarse durability index, AASHTO T 210 50 min. (d) Gradation for the class Specified Table. 705-1. 8-23 Section 709.--REINFORGING STEEL AND WIRE ROPE 709.01 (b). Delete the text of this subsection and substitute the. following: Furnish deformed, grade 60 bars conforming to AASHTO M31. 709.01(c). Add the following: Furnish bars conforming to Subsection 709.01 (b). 709.01(d). Delete the text of this subsection and substitute the following: Furnish deformed, grade 60.bars conforming to AASHTO M 31. 709.01(e). Delete the first sentence of text in this subsection and substitute the following: Furnish plain, grade 60 bars conforming to AASHTO M 314 with M14 rolled threads or M16 cut threads. 709.01. Add the following after 709.01 (I): (m} Spiral Reinforcement. Conform to AASHTO M32, or to the strength and elongation requirements of AASHTO M3 1, Grade 60. Section 711.~CONCRETE CURING MATERIAL AND ADMIXTURES 711.03. Delete the text of this subsection and substitute the following: 711.03. Chemical Admixtures. Furnish water-reducing, retarding, set accelerating, ‘and hydration stabilizing admixtures, or combinations thereof; conforming to AASHTO M 194. For hydration stabilizing admixtures, conform to AASHTO M 1 94. type-B or D. Add the following after Subsection 711.04: 711.05. Fiber Reinforcement. Furnish a polypropylene fiber conforming to ASTM CG 116, Type 3, and compatible with the constituents of the concrete mixture. Furnish, documentation of compatibility from the. manufacturer. Section 725.—-MISCELLANEOUS MATERIAL 725.11. Delete the text and: substitute the following: 725.11. Precast Concrete Units and Accessories. S-24 (a) (b) (c) (d). (e) () (g) Reinforced concreté manholes sections. Conform to AASHTO M 1 99M. Concrete barrier. Cenform-to ASTM C 825. Reinforced concrete crib ‘wall members. Conform to ASTM C 915. Underground concrete utility structures. Conform to. ASTM C 858. Concrete water and waste water structures. Conform to ASTM C 913. Solid concrete interlocking paving units. Conform to ASTM C 936. Other precast concrete units. not covered by the preceding requirements. Cast the units in substantial permanent steel forms. When reinforcing steel is required, conform to Section 709, Provide additional reinforcement as necessary for handling the units. Use concrete conforming to the following: (1) 28-day strength, AASHTO .T 22 3500 psi min. (2) Air content by volume, when required 3/8 inch max. Size-aggregate. 5% min. > 3/8 inch max. Size. aggregate 4% min. Cure the units:according to AASHTO M.170M, Cast a sufficient number of concrete cylinders from each unit or lot of units to permit compréssion tests at 7, 14 and 28 days. Make at least 3 cylinders for each test. If the strength requirement is met at 7 or 14 days, the units can be certified for use 14 days from date of casting. ) Do not use precast concrete units when: “Cylinders that are properly sampled, cast, and cured, do not meet the strength requiremerit by an. age of 28 days. *Cracks, honeycombed, or patched areas are larger than 30 in 2. Supplemental Provisions (FHWA Funded Consiruction Contract Continues) ? Add the following Definitioris of Terms: 1. Backfill — Material used to repiace or the act of replacing material removed during construction. Material placed or the act of placing material adjacent fo structures. Base — the layer or layers of material placed ona Subbase or Subgrade io support a surface course. Bidder — any individual or legal entity submitting a bid. Clear Zone — the portion of the roadside, including the shoulder, available for the safe use by an erran t vehicle in: which the driver may regain control of the. vehicle. Recommerided distances for the clear zone are in the AASHTO Roadside Design Guide. Construction Limits — the limits on each side of the project that establish the area disturbed by construction operations and beyond which no disturbance is permitted, Typically the construction limits are the same as the clearing limits, except when additional clearing is required. Contracting Officer (CO) — An official of the Government (Property and Procurement) with the authority to enter into, administer, and terminate contracts and make felated determinations. and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the Commissioner. . Contract Modification — Any written change in the terms of the contract. Contract modifications ate of the following forms: (a) Administrative change. A unilateral. contract change, in writing,.that does not affect the substantive rights of the parties (e.g., a change in the paying office or the. appropriation data). (b) Change order. A written order, signed by the Commissioner, directing the contractor to make a: change. without the Contractor's consent. (c} Supplemental agreement. A contract modification that is accomplished by the mutual action of the parties. S+26 8. Cross-Section —a vertical section of the ground or structure at right angles to the centerline or baseline of the roadway or other work. 9. Day — Each and every day shown on the calendar, beginning .and ending at midnight. 10. Density — Mass per unit volume of material. Specific gravity multiplied by the unit mass of water. 11. Detour — A temporary: rerouting of public traffic onto alternate existing roadways in order to. avoid the work or part of the work, 12, Diversion — a temporary rerouting of public traffic onto a temporary alignment within the project limits in order to bypass the work or a portion of the work. 13. Drawings — Design sheets or fabrication, erection, or construction details. submitted to the Government by the contractor according toa the Specifications and Drawings for Construction. Also refers to submissions: and submittals. 14, Layer — See "lift." 15. Lift — Defined as follows: When placing and compacting soils and aggregates, a lift is any single, continuous layer of material that receives the same compactive effort. throughout during a single. work operation. When instailing culvert pipe less than. or equal to 48 inches in diameter, the backfill material placed on both sides of the pipe is considered to: be. contained in the same lift when the material is placed to the same elevation on both sides of the culvert, the compactive effort applied to one side of the culvert is the same as that applied to the other, and the compactive effort is applied to: both sides of the pipe in a continuous operation. 16. Measurement — the process of identifying the dimensions, quantity, or capacity of an item. See Section 109 for measurement methods, terms, and definitions. 17.Production Certification — for material manufactured off-site, usea manufacturer with an [SO 9000 certification or an effective testing and inspection system. Require the manufacturer to clearly mark the material or packaging with a unique product identification or Specification standard to which it is produced.. 18.Shoulder — the portion of the roadway continuous to the traveled way for accommodation of stopped vehicles, for emergency usé, and for lateral support of the pavement structure. S-27 19.Special Contract Requirements — Additions and revisions to the standard specifications applicable:to an individual project. 20.Standard. Forms — Numbered forms issued by DPVW/OHE for use as contract documents, 21.Station — (1) a measure of distance used for highways and railroads. A station is equal to'100 feet: (2) A precise location along a survey line. 22.Subbase — the layer or layers of material placed ona Subgrade to support ‘a base. 23.Suitable. Material — Rock or earth material that will provide stable foundations, embankments, or roadbeds, and is reasonably free of organic. matter, roots, muck, sod, or other detrimental material. Suitable material may require drying or adding water, root picking, and other methods of manipulation before use. Suitable material includes the Classifications of materials for which the project was designed. 24, Surface Course — the top layer or layers of a pavement structure designed to accommodate the traffic load and Tesist’ skidding, traffic abrasion, and weathering. 25. Target Value (TV) — a number established as a center for Operating a given process. Once established, adjustments should. be made in the process as necessary to maintain a central tendency about the target value, Test results obtained from a well-controiled. process should cluster Closely around the established target value and the mean of the test results should be equal to or nearly equal to the established target value. 26,Unsuitable Material — Material not capable of creating stable foundations, embankments, or roadbeds. Unsuitable material includes muck, sod, or soils with high organic contents. STT/STJ District Wide Emergericy Relief Temporary Traffic Control Installation ER-VI-9999(137) SPECIAL SPECIFICATIONS (As Applicable) Section 635, — TEMPORARY TRAFFIC. CONTROL 635.04 General. Add the following: () Submit layout for approval, showing Jocation, quantity, and type of devises being used, prior to purchasing and placing all temporary traffic control devises: 635.04 General..Add the following: . ‘Tubular markers shall be anchored into roadway surface in accordance with manufactures recommendations and with a maximum 8” base. 635.09 Flaggers. Add the following: Provide flaggers-as directed by the CO within 24 hours of notice. PERMITS OBTAINED STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT #ER-VI-9999(137) NIA General The contractor shall ensure that the Project Ma nager representing the Prime Contractor has read and understands this section of the on site, the Contractor shall provide the Cont contract. Prior to commencing any work from the Project Manager stating that the Pr racting Officer with a signed statement oject Manager has read: understands and will abide by the conditions of the following permits in this-section. U-1 312791 SECTION ill — PART V STANDARD DRAWINGS & SITE PHOTOS STT/STJ DISTRICT WIDE EMERGENCY RELIEF — TEMPORARY TRAFFIC CONTROL INSTALLATION PROJECT #ER-VI-9999(1 37) ry eil| a | _ ES OO oo W5-1 ROAD NARROWS C D E F G H J K L 30 75 5D 3 1f5 7.875 8.625 14.75 15125 1.875 36 625 875 6D 3.5 2 9.5 10.313 17.625 18.25 2.25 48 15 1.25 8D 4 3 12.688 13.75 23.9 24375 3 WARNING SIGN COLORS: TTC SIGN COLORS: LEGEND — BLACK LEGEND — BLACK BACKGROUND— YELLOW (RETROREFLECTIVE) BACKGROUND— ORANGE (RETROREFLECTIVE) 2-36 iz D* La ry it ——— ¥. — __ a ¥ ry ry ¥ p* ¥ **AHEAD, 500 FT, 1000 FT, 1/2 MILE W21-5bR W21-5bL RIGHT (LEFT) SHOULDER CLOSED *Series 2000 Standard Alphabets A B C D E F H J K 30 5 75 4¢ 2 6.064 11.368 8.166 1.875 36 625 875 5C 2.401 200 7.565 14.230 10.207 2.25 48 6 1.25 6C 240 9.086 17072 12.249 3 60 75 1.25 8C 320 12109 22.757 16.332 3 TTC SIGN COLORS: LEGEND — BLACK BACKGROUND— ORANGE (RETROREFLECTIVE) 2-157 SCOPE OF WORK AND STANDARD DRAWINGS STT/STJ DISTRICT WIDE EMERGENCY RELIEF TEMPORARY TRAFFIC CONTROL PROJECT # ER-VI-9999(137) Site List island ‘Site .| Roadway Latitude Longitude Number ~~ STT 1 Rt 332 18.34719361 | -64.94504288 STT 2 Rt335. | 18.34895847 | -64.96554064 STT 3 Rt 333 18.35983495 | -64.96039683 STT 4 Rt 352 18.368337 -64.922818 STT 5 Rt 38 18.334918 -64.902189 SIT 6 Rtas 18.3475 -64.930608 STT 7 Rt 405/332 18.3473 -64.9511833 STT 8 Rt 379 18.34548889 | -64.93117778 str 9 Rt37 18.35687199 | -64,.93699888. Str 10 Rt 33 18.35292 -64.95276 ST) 1 Rt io All All. SJ 2 Rt 107 18.34067222 | -64.71306667 ST 3 Rt 108 18.338943 -64.720014 STT/STJ | District Various Wide ST. 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