Virgin Islands Port Authority

Transcription

1 Virgin Islands Port Authority REQUEST FOR PROPOSALS FOR NEW PILOT BOAT STT ST. THOMAS, UNITED STATES VIRGIN ISLANDS CARLTON DOWE EXECUTIVE DIRECTOR JUNE 2016

2 I. Introduction A. Requesting Entity Information The Virgin Islands Port Authority; PO Box ; Administration Building, St. Thomas, United States Virgin Islands ; Kai Smith is the point of contact. B. Proposal Overview and Objective The Virgin Islands Port Authority (V.I.P.A.) is seeking proposals from licensed manufacturers for providing a new ft. pilot boat with at least 28 knots cruising speed capability. The vessel specified in the proposal shall meet the minimum technical specifications in section IV Technical Specifications. Shipping of the vessel to the Sandfill Dock in St. Thomas must be included in all cost proposals. C. Inquiries Questions regarding this request for proposal must be received in writing no less than ten (10) calendar days before the proposal is due. This allows sufficient time to distribute questions and answers to all prospective firms. Questions may be submitted by letter or . Questions will not be answered by telephone. Address questions to: Virgin Islands Port Authority Mr. Kai Smith and Mr. Dale Gregory Administration Building P.O. Box St. Thomas, USVI (340) ksmith@viport.com; dgregory@viport.com D. Submittal Proposals will be accepted by the Division of Engineering of the Virgin Islands Port Authority at the Administration Building until 4:00 p.m., July 8, A dulyauthorized official of the proposing company must sign proposals. A minimum of three (3) copies of the proposal must be submitted. No reimbursement will be made for any cost incurred in preparing the proposal or any cost prior to a formal Notice of Award. ` Proposals should be sent to: Virgin Islands Port Authority Engineering Division Administration Building 8074 Lindberg Bay Attn: Carlton Dowe St. Thomas, VI

3 II. Proposal Requirements A. Minimum Content of Proposal 1. Transmittal Letter 2. Table of Contents 3. Technical Components/ Construction Methods & Materials 4. Bid Form/ Cost Proposal (shall be in a separately sealed envelope) 5. Schedule and Delivery 6. Experience/ Past Projects/ References 7. Company History/ Facility Capabilities 8. Warranty 9. Training 10. Bid Form 11. Bid Security (in the amount of 5% of Proposal, see attached forms; certified check or bond) 12. Non Collusion Affidavit (see attached forms) 13. Certification Regarding Debarment, Exclusion, Ineligibility and Voluntary Exclusion 14. Performance Bond (in the amount of 25% of Proposal, see attached forms) III. Selection Process A. Right to Reject The Virgin Islands Port Authority retains the right to reject any or all proposals and to re-solicit if deemed to be in the best interest of the agency. B. RFP Review The Virgin Islands Port Authority has selected a committee of personnel to act as the Evaluation Committee ( Committee ). The Committee will be responsible for evaluating proposals in accordance with the Authority s Procurement procedures and best practices. A contract shall be negotiated with the proposer deemed to be the most qualified and responsive to the requirements. C. Evaluation Factors The evaluation committee will evaluate each proposal and rate them based on: 1. Minimum Content (if proposal has all of the required minimum content) 2. Technical Components 3. Cost Proposal 4. Experience 5. Schedule 6. Warranty Package 7. Training Package

4 IV. INSTRUCTIONS TO PROPOSERS 1. DEFINED TERMS 1.1 The term "Proposal Documents" means the Proposal Requirements, Contract Forms, Proposal Forms, Conditions of the Contract, Specifications, Drawings, and Addenda issued by the OWNER for the purpose of obtaining a Proposal on the Goods, Special Services and other services specified. 1.2 The term "Contract Documents" has the same intent and meaning as "Procurement Documents." 2. PROPOSAL DOCUMENTS 2.1 Complete sets of Proposal Documents in the number and for the non-refundable sum, if any, stated in the Notice to Proposers may be obtained from the ENGINEER. 2.2 Complete sets of Proposal Documents shall be used in preparing Proposals; neither OWNER nor ENGINEER assume any responsibility for errors or misrepresentations resulting from use of incomplete sets of Proposal Documents. 2.3 OWNER and ENGINEER in making copies of the Proposal Documents available on the above terms do so only for the purpose of obtaining Proposals on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF PROPOSERS 3.1 To demonstrate qualifications to perform the Work, each Proposer must submit, as part of his Proposal on the prescribed form, evidence that may be required by the OWNER, such as, but not limited to, financial data and previous experience. 3.2 Proposer shall have been actively engaged in operating or managing a commercially oriented business providing similar services. Evidence of said operations is to be furnished with record of experience. Prototype units will not be accepted and all Proposers are required to submit, with their prior approval submission, photographs and drawings of similarly constructed vessels and a reference list of companies, agencies, or persons to whom similar vessels have been delivered in the past five years. 4. EXAMINATION OF CONTRACT DOCUMENTS 4.1 It is the responsibility of each Proposer before submitting a Proposal to (a) examine the Proposal Documents thoroughly; (b) familiarize himself of federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress and performance of the Work; (c) study and carefully correlate PROPOSER S

5 observations with the Proposal and Contract Documents; and (d) notify ENGINEER of all conflicts, errors or discrepancies. 5. ADDENDA AND INTERPRETATIONS 5.1 All questions about the meaning or intent of the Documents shall be submitted to ENGINEER in writing. Replies will be issued by Addenda, mailed or delivered to all parties recorded by ENGINEER as having received the Proposal Documents. Failure of any PROPOSER to receive any such Addendum or interpretation shall not relieve PROPOSER from any obligation under their Proposal as submitted. Questions received less than ten (10) days prior to the due date of Proposals will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Proposal Documents as deemed advisable by OWNER or ENGINEER 6. BID SECURITY 6.1 Each Proposal must be accompanied by Bid Security made payable to OWNER, in an amount of five (5) percent of the PROPOSER S maximum Proposal Price (including all additive alternative) in the form of a certified or bank check, or a Bid Bond prepared on the Form included in the Proposal Document duly executed by the PROPOSER. 6.2 Attorneys-in-fact who sign the Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their power-of-attorney. 6.3 The Bid Security of the successful Proposer will be retained until such Proposer has executed the Agreement and furnished the required Contract Security and Insurance Certificates, whereupon it will be returned; if the successful Proposer fails to execute and deliver the Agreement and furnish the required Contract Security and Insurance Certificates within fifteen (15) days of NOTICE OF AWARD, OWNER may annul the NOTICE OF AWARD and the Bid Security of the Proposer will be forfeited to OWNER as liquidated damages for such withdrawal, failure or refusal. The Bid Security of any Proposer whom the OWNER believes to have reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the "effective day of the Agreement" by OWNER to CONTRACTOR and the required Contract Security and Insurance Certificates are furnished, or ninety-one (91) days after the due date for Proposals. Bid Security of other Proposers may be released within seven (7) days of the Proposal Opening. 7. CONTRACT TIME

6 7.1 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment (the Contract Time) are set forth in the Agreement. 8. LIQUIDATED DAMAGES 8.1 Provisions for Liquidated Damages are set forth in the Agreement. 9. BID FORM AND SCHEDULE 9.1 Proposals by corporations must be executed in the corporation name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown in the space provided. 9.2 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 9.3 All names must be typed or printed below the signature. 9.4 Proposals by individuals must be signed by the individual owner and the terms 'doing business" or "sale owner" must appear under the signature. 9.5 The Proposals shall contain an acknowledgement of receipt of all Addenda (the numbers of all Addenda and the date each was received shall be filled in on the Proposal Form). 9.6 The address to which communications regarding the Proposal are to be directed must be shown on the Proposal Form. 9.7 Affidavits: Each Proposer is required to duly execute the Proposer s and Non collusion Affidavits at the end of the Proposal. 10. SUBMISSION OF PROPOSALS 10.1 Proposals shall be submitted at the time and place indicated in the Advertisement, and shall be enclosed in an opaque envelope, marked with the Project title and name and address of the Proposer and accompanied by the Bid Security and other required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "Bid Enclosed" on the face thereof. 11. PROPOSALS TO REMAIN OPEN SUBJECT TO ACCEPTANCE 11.1 All Proposals shall remain open for ninety (90) days after the day of the opening, but OWNER may, in his sole discretion, release any Proposal and return the Bid Security prior to that date. 12. AWARD OF CONTRACT

7 12.1 OWNER reserves the right to reject any and all Proposals, to waive any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to negotiate contract terms with the successful Proposer, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Proposals. Discrepancies between words and figures will be resolved in favor of the words. Also, OWNER reserves the right to reject the Proposal of PROPOSER if OWNER believes that it would not be in the best interest of the Project to make an award to that Proposer, whether because the Proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet and other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum or any column of figures and the correct sum thereof will be resolved in favor of the correct sum The Responsiveness shall be defined as: a. The completeness and regularity of the Bid Form; b. A Bid Form without excisions or special conditions; 12.2 In evaluation of Proposals, OWNER shall consider qualifications of the PROPOSER and whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award OWNER may consider operating costs, maintenance considerations, performance data and guarantees of goods OWNER may conduct such investigations as he deem necessary to assist in the evaluation of any Proposal and to establish the responsibility and qualifications of other persons and organizations to do the work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time Responsibility shall be based on whether the PROPOSER: a. Maintains a permanent place of business; b. Has adequate plant equipment to do the Work properly and within the time limit that is established; c. Has adequate financial status to meet his obligations contingent to doing the work; d. Meets the minimum qualification requirements specified in Article 3 of the Instructions to Proposers; 12.5 OWNER reserves the right to reject the Proposal of any PROPOSER who does not pass any evaluation to OWNER'S satisfaction If a contract is to be awarded, it will be awarded to the PROPOSER who is deemed most qualified by VIPA s evaluation committees If a contract is to be awarded, OWNER will give the successful Proposer a Notice of Award within ninety (90) days after the day of receipt of Proposals. 13. CONTRACT SECURITY AND INSURANCE

8 13.1 When the successful Proposer delivers the executed Agreement to OWNER, the required Contract Security and Insurance Certificates and Policies shall accompany it All Bonds (Bid and Performance) must be issued by a Treasury Listed Surety. 14. SIGNING OF AGREEMENT 14.1 When OWNER gives NOTICE OF AWARD to the successful PROPOSER, it will be accompanied by the required number of undersigned counterparts of the Agreement and all other written Contract Documents attached. Within fifteen (15) days following the effective date of "Award" CONTRACTOR shall sign and deliver all counterparts of the Agreement and attached documents to the OWNER with the required bonds and insurance certificates attached thereto. If the Agreement, Bonds and other required documents have been executed to the OWNER'S satisfaction, within then (10) days thereafter OWNER will deliver one fully signed counterpart to CONTRACTOR. After the OWNER delivers fully signed counterpart, CONTRACTOR then has (30) days to submit shop drawings to VIPA. 15. TAXES 15.1 All applicable taxes shall be included in the Contract Price. -END OF SECTION-

9 V. PROCUREMENT CONTRACT PROCUREMENT OF A NEW PILOT BOAT VIRGIN ISLANDS PORT AUTHORITY ST. THOMAS, VIRGIN ISLANDS U.S.A. THIS AGREEMENT made and entered into this day of 2016 by and between the Virgin Islands Port Authority, P.O. Box , St. Thomas, U.S. Virgin Islands , hereinafter called OWNER, and, hereinafter called the CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. GOODS AND SERVICES CONTRACTOR shall furnish the Goods and Special Services and other services as specified or indicated in the Procurement Documents. The Goods to be furnished are generally described as follows: BASE PROPOSAL Furnish a new Pilot boat as per the attached technical specifications and any amendments thereto. ARTICLE 2. POINT OF DELIVERY The equipment shall be delivered to the OWNER at the Sandfill Dock on St. Thomas ARTICLE 3. CONTRACT TIME 3.1 The Goods are to be delivered to the point of delivery and ready for OWNER'S acceptance of delivery within 250 calendar days after the issuance of the Notice to Proceed. 3.2 All shop drawings and samples required by the Procurement Documents will be submitted to OWNER for review and approval within 14 days after date when the Contract Time commences to run for 250 calendar days. 3.3 Liquidated damages: It is recognized that the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual losses or damages (including special, indirect, consequential, incidental and any other losses or damages) suffered by OWNER if complete acceptable Goods are not delivered on time is difficult. Accordingly and instead of requiring proof of such losses or damages, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall

10 pay OWNER Fifty Dollars ($50.00) for each day that expires after the time specified for delivery of acceptable Goods. ARTICLE 4. PAYMENT PROCEDURES 5.1 After approval of shop drawings, CONTRACTOR may submit the Application for Payment, equal to 10% of the Contract Price less 10% retainage. 5.2 After 50% completion but not less than 150 days after Notice to Proceed, the Contractor may submit a second Application for Payment. The amount of this Application for payment shall be no more than 40% of the Contract Price, less 10% retainage. 5.3 Final Payment: 30 days after delivery of the vessel and after furnishing all required services and final OWNER approval of the vessel, CONTRACTOR may make a final request for payment and release of retainage. ARTICLE 5. CONTRACTOR S REPRESENTATIONS In order to induce OWNER to enter into this agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Procurement Documents, Work and all Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the goods. 6.2 CONTRACTOR has given OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Procurement Documents and written resolutions thereof by OWNER is acceptable to CONTRACTOR. ARTICLE 6. MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under or interests in the Procurement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) ; and, unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents. 7.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative s to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Procurement Documents.

11 ARTICLE 7. OTHER PROVISIONS IN WITNESS WHEREOF, OWNER, and CONTRACTOR have signed this Agreement in triplicate. All portions of the Procurement Documents have been signed or identified by OWNER and CONTRACTOR on their behalf. OWNER CONTRACTOR V.I. PORT AUTHORITY By: Carlton Dowe Executive Director Attest: By: Attest: Approved for Legal Sufficiency Address for giving Notices: Virgin Islands Port Authority P.O. Box St. Thomas, U.S.V.I. Address for giving Notices: -END OF SECTION-

12 VI. Technical Specifications The following describes the requirements of a new feet Aluminum pilot boat with at least 28 knots cruising speed capability to be built to conduct VIPA s Marine Operations. Pilot Boat Minimum Requirements: a. Aluminum pilot boat approximately 45 feet in length b. 28+ Knots cruising speed capability c. Vessel must meet or exceed all USCG Regulations for vessels of class Engines: a. Cummins Diesel QSL9 or equivalent, Tier III compliant (both engines up to 805 HP) b. Twin conventional shafts, propellers and rudder propulsion c. Generator 7 to 9 kw d. Self-cleaning sea strainers (e.g., Groco Hydromatic) e. Easy access oil change system for all engines, filters, etc. on inboard side of engines f. Twin Disc MG5114 transmission or equivalent g. Shaft and props to match (speed prop type) h. Adequate ventilation for engine room i. No V-drive system Electrical and Electronics: a. 18 chart plotter b. Radar w/ overlay capability c. Depth Sounder d. Class A AIS e. Two (2) VHF Radios f. Headphone set g. Loud Hailer h. Receiver/locator for 121.5MHz personal EPIRB beacons i. GPS Compass j. AM/FM Radio w/ Bluetooth k. Strobe and Siren Package l. 12V Electrical system m AMP Shore Power hook-up Pilot House: a. Centerline helm b. Shock mitigating seating for five persons c. High back chair for Coxswain d. Small desk w/ red LED light and storage compartment for log book. e. One head w/ sink f. 20+ gallon holding tank g. 20+ gallon potable water tank h. Small refrigerator

13 i. Centerline aft cabin door w/ lock j. Weather tight windows that open and close on both sides of pilot house k. Three (3) BTU water cooled A/C systems l. Fresh water wash down for windshield m. Pantograph style windshield wipers w/ two speed and delay mode n. Tinted side windows o. Tinted shades for windshield p. Bimini Top aft of pilot house (dependent on design) q. Remote controlled spot light r. Interior hand rails on overhead down the centerline of pilot house s. Exterior Hand rails throughout vessel t. Exterior blue LED courtesy deck lights u. Interior red LED courtesy lights v. Interior red & white LED overhead lights w. Deck lights forward and aft Other: a. Exterior weather deck flush from bow to stern b. Fire pump 1000 GPM capability w/ fixed monitor on bow. Hydrant w/ 2.5 connection. Separate prime mover c. Removable Jason s cradle d. Navigation and pilot lights e. Cleats f. Non-skid, painted, exterior decks g. Whistle h. Flood lights forward and aft i. Water hose compartment j. Sound proofing throughout engine k. Roof-top pilot boarding platform l. Walk space around the wheel house for the Pilot, not less than 29 inches Training: a. A 3-day training session shall be provided upon delivery of the boat. This training should be on the maintenance and operation of the vessel. b. An additional training on the engine should be provided for VIPA boat mechanics. c. An itinerary of the 3-day training session for maintenance and operation of the vessel shall be provided. Documentation & Manuals: a. Two (2) sets of manuals for all components should be included as part of the final acceptance documents. Trial/Testing: a. Proposers must describe their approach and methods for conducting sea trials and performance testing before delivery.

14 b. A site inspection of the completed vessel shall be provided at no cost to the Owner. Proposal price shall include airfare, meals and lodging for two (2) Owner representatives. Warranty: a. An extended warranty for a period of two (2) years on the pilot boat shall be provided covering all major components. A statement of this warranty and its conditions shall be included in proposal.

15 NON-COLLUSION AFFIDAVIT State of ) SS County of ) (This Affidavit is Part of Proposal) being first duly sworn, deposes and says that he is the (Owner, a partner, president, secretary, etc.) of, the party making the foregoing Proposal; that such Proposal is genuine and not collusive or sham; that said PROPOSER has not colluded, conspired, connived, or agreed, directly or indirectly, with any PROPOSER or person, to put in a sham Proposal; or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix any overhead, profit or cost element of said proposal price, or that of any other PROPOSER, or to secure any advantage against OWNER or any person interested in the proposed Contract; and that all statements in said Proposal are true; and further, that such PROPOSER has not, directly or indirectly submitted this Proposal, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. (Proposer) Sworn and subscribed before me this day of, 20. Notary Public in and for. My Commission Expires, 20. (Seal) -END OF SECTION-

16 PROCUREMENT OF A NEW PILOT BOAT VIRGIN ISLANDS PORT AUTHORITY ST. THOMAS, VIRGIN ISLANDS U.S.A. TERRITORY OF ) SS CITY OF ) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, as Principal, and as Surety, are held and firmly bound unto hereinafter called the Owner, in the Penal Sum of Dollars, ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the principal has submitted the attached Proposal, dated, 20, for the Contract entitled PROCUREMENT OF A NEW PILOT BOAT, St. Thomas, U.S. Virgin Islands. NOW THEREFORE, if the Principal shall well and truly perform and fulfill the undertakings, covenants, terms, conditions and agreements of said Contract, and shall well and truly perform and fulfill the undertakings, covenants, terms, conditions and agreements of duly authorized modifications to the Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and furthermore, if the Principal shall promptly make payments to persons supplying him labor, materials, and supplies, used directly or indirectly by the said Principal, or any subcontractors, in the prosecution of the work provided for in the said Contract and duly authorized modifications thereto, then this obligation shall be void; otherwise to remain in full force and effect. THE PERFORMANCE BOND shall also be security for the performance by the Principal and Surety of the following additional covenants and obligations, and the recitals and reference herein contained shall constitute a part of this bond and obligation: a. Each and every person, natural and artificial, for whose benefit this Bond has been executed, as disclosed by the text of this Bond and of said Contract, specifications and plans, and of said agreement and instruments attached together and made a part of this

17 said Contract, shall have the same several rights of suit or action upon this bond, as if he or they were the Owner herein specifically mentioned, and the obligations hereof shall be several as to the rights of said persons and of the Owner. b. In each and every suit brought against the Principal and Surety upon this Bond in which the Plaintiff shall be successful, there shall be assessed therein against the Principal and Surety herein, in favor of the Plaintiff therein, reasonable counsel fees, which the Principal and Surety hereby expressly agree to pay as a part of the cost and expense of such suit. c. In case of termination of the Contract, as provided in the Contract Documents, there shall be assessed against the Principal and Surety herein, expenses, including engineering and legal services, incident to collecting losses to the Owner under this Bond. d. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the Owner as are provided for in the Contract Documents, including the General and Special Conditions thereof, and the Principal hereby guarantees to repair or replace, for the said period, any work performed and materials and equipment furnished, where the items were not performed or furnished according to the terms of the Contract Documents. The Principal further guarantees to repair or replace any defective materials or equipment furnished under the Contract Documents, which have become apparent before the expiration of said period of time. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material and equipment, the Principal hereby guarantees the same for a minimum period of one year from the date of final acceptance by Owner.

18 BID BOND PROCUREMENT OF A NEW PILOT BOAT VIRGIN ISLANDS PORT AUTHORITY ST.THOMAS, VIRGIN ISLANDS U.S.A. TERRITORY OF ) SS CITY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, and as Surety, are held and firmly bound unto hereinafter called the Owner, in the Penal Sum of Dollars, ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the principal has submitted the attached Proposal, dated, 20, for the Contract entitled PROCUREMENT OF A NEW PILOT BOAT, St. Thomas, U.S. Virgin Islands. NOW THEREFORE, if the Principal shall not withdraw said Proposal within ninety (90) days after the date of opening of the same, and shall within fifteen (15) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Obligee in accordance with the Proposal as accepted and give a Payment and Performance Bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the prompt payment of persons furnishing labor or materials in connection herewith, or in the event of failure to enter into such Contract and give such Bond within the time specified, the Principal shall pay the Obligee the difference between the amount specified in said Proposal and the amount for which Obligee may procure the required work and supplies, provided the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and virtue.

19 IN WITNESS WHEREOF, the above parties have caused this Bond to be executed by their appropriate officials, as of the day of, 20. or WITNESSES: PRINCIPAL (If Sole Proprietor Partnership) (Firm Name) By: (Seal) Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporation Name) By: (President) ATTEST: (Secretary) (Corporate Seal) ALL BONDS SHALL BE TREASURY LISTED SURETY: By: Attorney in Fact (Power of Attorney shall be attached) (Corporate Seal) -END OF SECTION-

20 BID FORM (Failure to furnish all requested data will be cause for considering Proposer non-responsive and may render this Proposal invalid on that basis). PROPOSAL FOR: Procurement of a New Pilot Boat meeting the specifications outlined in this document. SUBMITTED BY: Proposer s Name Address City, State and Zip Code 1. The undersigned, hereinafter called the Proposer, accepting all of the terms and conditions of the ''Instructions to Proposers," including without limitation those dealing with the disposition of Bid Security; proposes and agrees, if awarded the Contract, to enter into an Agreement with the Owner in the form of Agreement included in the Procurement Documents, to furnish all materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to furnish the Goods, Special Services, and other Services under this Contract within the Contract Time indicated in this Proposal, in full and complete accordance with the, noted, described and reasonably intended requirements of the Procurement Documents, to the full and entire satisfaction of the Owner. 2. This Proposal will remain open for 90 days after Proposal due date. If awarded a contract, Proposer will sign the Agreement and submit the Contract Security and other documents required by the Procurement Documents within 15 days after the date indicated in Owner s Notice of Award. 3. In submitting this Proposal, Proposer represents that: a. Proposer has become thoroughly familiar with the terms and conditions of the proposed Procurement Documents accepting the same as sufficient to indicate and convey understanding of all conditions and requirements under the Contract that will be executed for furnishing the Goods, Special Services and other Services. b. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Proposal ; Proposer has not solicited or induced any person, firm or corporation to refrain from bidding; and Proposer has not sought by collusion to obtain for himself any advantage over any other Proposer or over Owner.

21 c. That no member of the Virgin Islands Port Authority 's Staff or other officers or employees of said Owner is interested directly or indirectly in the Proposal or in any portion of the Proposal nor in the Contract or any part of the Contract which may be awarded the undersigned on the basis of such Proposal. 4. Contract Time: Proposer agrees that: a. The Goods will be delivered F.O.B. to the Sandfill Dock in St. Thomas as stated in the Procurement Contract. BASE BID The undersigned Proposer agrees to furnish and deliver F.O.B., as previously stated, a new pilot boat as per the specifications in this document, tested and fully operational, all in conformance with the Procurement Documents for the total lump sum amount of (Dollars) (Write in Words) _$ (Write in Figures) 5. Execution of Contract: Proposer agrees that: a. In case of failure on his part to execute the said Contract and Bond within 15 days after the date indicated in the Notice of Award, the check or Bid Bond accompanying this Proposal, and the money payable thereon shall be paid to the Owner as liquidated damages for such failure; otherwise the Bid Bond or check accompanying this Proposal shall be returned to the undersigned. 6. Name and business address (Mailing and Street) of Proposer to which all formal notices shall be sent: 7. Proposer hereby acknowledges receipt of the following addenda: Addendum No. Dated

22 8. The Proposer shall state on the line below, if a corporation, the name of state in which incorporated and the date of said incorporation. Signed this day of, 20 Contractor By: (Signature of individual, partner or Officer signing the Proposal) (SEAL) (Seal required if Proposer is a corporation). NOTE: If Contractor is a Corporation, Secretary should attest seal. Seal is required if Proposer is a Corporation. -END OF SECTION-

23 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. All persons or firms, including subconsultants and subcontractors, must complete this certification and certify it under penalty. 1. The prospective participant certifies to the best of its knowledge and belief that, except as noted below, he/she or any person associated therewith in the capacity of owner, principal, partner, director, officer, or manager: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this certification had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 3. If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to the agency.

24 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, VOLUNTARY EXCLUSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. All persons or firms, including subconsultants and subcontractors, must complete this certification and certify it under penalty. 2. The prospective participant certifies to the best of its knowledge and belief that, except as noted below, he/she or any person associated therewith in the capacity of owner, principal, partner, director, officer, or manager: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this certification had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 3. If such persons or firms later become aware of any information contradicting the statements of paragraph (1), they will promptly provide that information to the agency. 4. If there are any exceptions to this certification, they should be specifically noted. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency, and dates of actions.

25 Name of Firm: Name of Authorized Representative: Title of Authorized Representative: Signature of Authorized Representative: Date: 4. If there are any exceptions to this certification, they should be specifically noted. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency, and dates of actions. Name of Firm: Name of Authorized Representative: Title of Authorized Representative: Signature of Authorized Representative: Date:

26 CONTRACTOR S GUARANTEE TERRITORY OF THE UNITED STATES VIRGIN ISLANDS)ss CITY OF ) Before me the undersigned authority, personally appeared, who being duly sworn, deposes and says, as follows: That he is the duly authorized representative of (Name of Contractor) hereinafter called the Contractor, being its (Owner) (Partner) (President or other Officer) and as such has full authority to execute this Contractor s Guarantee. That the said Contractor has completed certain work for the Virgin Islands Port Authority, hereinafter called the Authority, under contract entitled, Procurement of New Pilot Boat STT, St. Thomas, Virgin Islands, U.S.A., and dated, 2016, which Contract has now been completed in its entirety. That in consideration of the partial payment heretofore made by the Authority to the Contractor, and in consideration of the final payment yet to be made, the Contractor does hereby warrant to the Authority that all labor, material and equipment furnished, supplied and performed under said Contract, are in strict accordance with the Plans and Specifications. That should any defects develop in the work during the guarantee periods as required in these Contract Documents, all from the date hereof, due to improper materials, workmanship or arrangement, or defective machinery and equipment, the Contractor warrants and covenants that promptly upon notice from the Authority, the defects shall be made good by the Contractor, at the time specified by the Authority, and that any other work affected in correcting such defects shall also be made good, all at the Contractor s sole cost and expense.

27 Sworn to and subscribed before me this day of, CONTRACTOR: Notary Public By: (Authorized Signature Only) My Commission Expires: Title: (NOTARY SEAL)

28 VIPA RFP PILOT BOAT STT