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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, on behalfof the Department of Licensing and Consumer Affairs (hereinafter referred
to as “Government”) and D.V.D. Construction, Inc. (hereinafter referred to as “Contractor”).
WITNESSETH:
WHEREAS, the Government is in need of a contractor to furnish all labor, materials and
equipment necessary for the Repair of the Department of Licensing and Consumer Affairs’
Storage Building in Estate Anna’s Hope, St. Croix, US Virgin Islands 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 II (General Provisions and Warranties together with the additional General Provisions
— Construction), Addendum III (Termination of Contracts), Addendum IV (Compensation) and
Addendum
V(Provisions from 2 CFR 200
— Appendix II) 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:
1.
SERVICES
The Contractor will provide the services described more particularly in Addendum I (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 Commissioner of the Department of
Property and Procurement and shall terminate within sixty (60) calendar days from the issuance
of the formal Notice to Proceed, or in accordance with an agreed upon extension pursuant to the
General Provisions.
3.
COMPENSATION
The Government, in consideration of satisfactory performance of the services described in
Addendum I, agrees to pay the Contractor the sum of Twenty Thousand Two Hundred Dollars
and Zero Cents ($20,200.00) in accordance with the provisions set thrth in AddenduIV
CO24LCAC2 1(DVDI)
Contractor’s Initials_________
31 V.1.C. § 239(a)(3)
27th
October
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(Compensation), attached hereto is hereby incorporated by reference and made a part of this
contract.
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, Thirty Dollars and
Zero Cents ($30.00) 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 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 of whatsoever nature, including but not limited to
unemployment insurance, gross receipt, excise, and social security taxes for Contractor, its
servants, agents or independent contractors.
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31 V.T.C. § 239(a)(3)
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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 indemniI’, defend, and hold harmless the Government from and
against any and all loss, damage, liability, claims, demands, detriments, cost, charges and 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
negligence 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 ofthis 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, 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 supersedes all prior communications, contracts, or
agreements between the parties with respect to the subject matter addressed in this Agreement,
whether written or oral.
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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.
16.
CONDITION PRECEDENT
This Contract shall be subject to the availability and appropriation of funds and to the
approval of the Commissioner of the Department of Property and Procurement.
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 III-
Termination of Contracts for the Convenience of the Government” is hereby fuliy 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 by providing ten (10) days
written notice to the Contractor.
This partial termination shall be effected by delivering to the
Contractor a Notice of Partial Termination specifying the extent to which the term andlor 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.
19.
NON-DISCRIMINATION
No person shall be excluded from participating in, be denied the proceeds of, or be subject
to discrimination in the performance ofthis 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.
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31 V.1.C. § 239(a)(3)
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(b)
Contractor further covenants that it is:
(I) not a 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;
(ii)
not made, negotiated or influenced this contract, in its official
capacity; and
(iii)
no financial interest in the contract as that term is detined in section
1101, (1) of said Code chapter.
21.
EFFECTIVE DATE
The effective date of this Contract is upon the execution by the Commissioner of the
Department of Property and Procurement.
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
Department of Property and Procurement
8201 Sub Base, Suite 4
St. Thomas, VI 00802
Richard T. Evangelista, Esq
Commissioner
Department of Licensing and Consumer Affairs
3000 Estate Golden Rock Suite 9
St. Croix, VI 00820
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Contractor’s Initials
31 V.I.C. § 239(a)(3)
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CONTRACTOR
Roger Kainth
General Manager
D.V.D. Construction, Inc
P.O. Box 576
Kingshill, St. Croix, VI 00851
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 it 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 it has been engaged in and now does such work and represents that it 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 parties hereto agree that this 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 it nor its officers, agents or employees has
employed no person to solicit or obtain this contract on its 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 it nor its officers, agents or employees 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 it nor its officers, agents or employees has not, in estimating the contract
price demanded by it included any sum by reason of such brokerage, commission or percentage;
and that all monies payable to it hereunder are free from obligation to any other person for services
rendered, or supposed to have been rendered, in the procurement of this contract.
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Breach of the warranty 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.
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.
27.
DEBARMENT CERTIFICATION
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.
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.
29.
DAVIS BACON ACT
Contractor hereby 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.
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Contractor’s Initials_________
31 V,I.C. § 239(a)(3)
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30.
OTHER PROVISIONS
Addendum I (Scope of Work), Addendum II (General Provisions and Warranties),
Addendum III (Termination of Contracts), Addendum IV (Compensation) and Addendum V
(Provisions from 2 CFR 200
— Appendix II) attached hereto are hereby incorporated by
reference and made a part of this contract.
31.
INSURANCE
Contractor shall maintain the following insurance coverages during the term of this Contract
(a)
COMMERCIAL GENERAL LIABILVI’Y: Commercial general liability insurance, in a
form acceptable to the Government, on a “per occurrence” basis with a minimum limit
of not less than One Hundred Thousand Dollars ($100,000.00) for any one person per
occurrence
for
death
or
personal
injury
and
One
Hundred
Thousand
Dollars
($100,000.00) for any one occurrence for property damage. Insurance policy(ies) shall
name the Government of the Virgin Islands as the certificate holder and additional
insured via an endorsement.
(b)
WORKERS’ COMPENSATION: Contractor shall supply current coverage under the
Government Insurance Fund or other form of coverage.
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31 VJ.C. § 239(a)(3)
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IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year
first above written.
GOVERNMENT OF THE VIRGIN ISLANDS
Richard T. Eva gelista, Esq.
Commissioner
Department of Licensing and Consumer Affairs
Date:______
Date:
Anthony D. Thomas
Commissioner
Department of Property and Procurement
APPROVED AS TO LEGAL SUFFICIENCY
AT THE DEPARTMENT OF JUSTICE BY
Date
10/27/2021
Purchase Order No.
CO24LCAC2 1 (DVDI)
31 VJ.C. § 239(a)(3)
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Contractor’s Initials__________
CONTRACTOR
(Corporate seal,
187848 (dated 9/21/2021)
10/27/2021