USVI Public Records

Document text

GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Road Striping and Marking (Thermoplastic) of Public Roads, Territorial, U.S. Virgin Islands This Agreement made this ist day of iM dug ,20 ¢ E , in the Territory of the United States Virgin Islands by and between the Government of the!V irgin Islands Department of Property and Procurement, on behalf of the Department of Public Works (hereinafter referred to as “Government”) and Bryan’s Heavy Equipment Rental, whose address is PO Box 2420, Kingshill, VI 00851 (hereinafter referred to as “Contractor’), WITNESSETH: WHEREAS, the Government is in need of a contractor to provide Road Striping and Markings (Thermoplastic) of Public Roads, Territorial, USVI; and WHEREAS, the Contractor was selected in accordance with RFP-006-C-2019(S); and WHEREAS, the Contractor represents that it is willing and capable of providing the services in an expeditious manner and in accordance with the specifications cited in Addenda I and Il; it is mutually agreed between the Parties as follows: Section I. That for and in consideration of the prices and other terms and conditions of this Contract, the Contractor agrees to provide Road Striping and Markings (Thermoplastic) of Public Roads, Territorial, USVI to the Government. The Contractor shall furnish all necessary supplies to provide the services outlined in Addendum I (Scope of Services), attached hereto and made a part of this Agreement. Section I. The Government in consideration of the satisfactory performance of the services described in Addendum I, agrees to pay Contractor in accordance with invoices submitted and approved by Department of Public Works set forth in Addendum II (Compensation) attached hereto and made a part of this Agreement. Section IM. This Contract shall commence on April 29, 2019 and shall terminate on April 28, 2020 unless mutually extended or terminated by the Parties. No alterations or variations of the terms of the proposal shall be valid or binding upon the Government unless made in writing and approved by the Government. The services under this contract shall be for a period of one (1) year with a renewable option for a period of one (1) year. Section IV. The Contractor agrees to provide the services outlined in Addendum | (Scope of Services) in accordance with the terms and conditions outlined in Addendum III (General Provisions), both attached hereto and made a part of this Agreement. Section V. This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. Section VI. This Contract shall be subject to the availability and appropriation of funds. The Contractor shall only perform services when directed by the Commissioner of Department of Public Works or authorized representative. Section VII. This Contract constitutes the entire agreement between the parties hereto, and all prior understandings or communications, written or oral, with respect to the Service, which is the subject matter of this Contract, are merged herein. 1 : S17ADPWC19 (S) BHER vnau Anthony D. Thomas: Commissioner Nominee . Department of Property and Procureinent Building No. 1 Sub Base, 3" Floor, St. Thomas U.S. Virgin Islands 00802. Nelson M. Petty, Jr. P.E. Commissioner Nominee Department of Public. Works 6002 Estate Canna’s Hope. U.S. Virgin Islands 00820 CONTRACTOR Eliud Richard Genetal Manager Bryan’s. Heavy Equipment Rental PO Box 2420, Kingshill, St. Croix, U.S. Virgin Islands 0085t 7. RIGHT TO WIFHHOLD If work under this Contract is not performed in accordance. with thé terms, hereof, the 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 wil] immediately notify the Contractor in writing in the event that it elects to exercise its right to withhold. 8. FAILURE TO DELIVER Failure.of the Contractor to deliver within the time specified, or within a reasonable time as iiterpreted by the. Government, or failure to. make replacement. of réjected coinmodities. when so requested, immediately or as directed by the Government, will constitute authority for the Government to purchase in the open market to replace the commodities rejected-or not delivered. The Government reserves the ri ght to. authorize immediate purchases in the open market against rejections on this contract when necessary. On ali such purchases, the Contractor agrees promptly to reimburse: the Government for excess costs occasioned by such purchases. Such purchases will be deducted from contract quantities. However, should public necessity demand it, the Government reserves the right to use.or consume commodities delivered which are substandard in quality, subject to an adjustment in price to be. determined by the Government, 9.. 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 undet Virgin Islands law. S17ADPWC19 (S) BHER Initials ae