OPCMR 
Contract No. 
Contractor Initials: ______ 
RFP No. BD-24-400-4001-368 
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CONTRACT FOR PROFESSIONAL SERVICES 
THIS AGREEMENT is made this _______ day of ____________, 2024, in the Territory of the 
Virgin Islands, by and between the Government of the Virgin Islands, Department of Property 
and Procurement, on behalf of the Department of Education (hereinafter referred to as 
"Government") of 1834 Kongens Gade, St. Thomas U.S. Virgin Islands 00802 and Rumina 
Construction, LLC of 278 Hospital Ground St. Thomas, U.S. Virgin Islands 00802 
WITNESSETH: 
WHEREAS, the Government is in need of the services of a Contractor to provide the 
necessary tools, labor, and supplies to 1.) design; 2.) construct or install perimeter gates and fencing, 
and 3.) remove existing fencing and gate systems at various public school in the St. Thomas/John 
School District 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), Addendum V (Provisions from 2 CFR 200 – Appendix II),) and Attachment A 
(Site Map) attached hereto; and 
WHEREAS, the Government solicited the services under RFP No. BD-24-400-4001-368; 
and 
WHEREAS, the Contractor represents that it is willing and capable of providing such 
services; and 
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 in Addendum I (Scope of Work) attached hereto 
and made a part of this contract. 
2. TERM AND EFFECTIVE DATE
This Contract shall be effective upon the date of execution of this Contract by the Governor of the 
U.S. Virgin Islands and upon the issuance of the formal Notice to Proceed and shall terminate on 
December 31, 2024 or in accordance with an agreed upon extension granted pursuant to Addendum 
II (General Provisions – Construction) attached hereto and made a part hereof.   
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3. COMPENSATION
The Government, in consideration of the satisfactory performance of the services described in 
Addendum I (Scope of Services), agrees to pay Contractor a sum not to exceed One Million One 
Hundred Forty Nine Thousand, Four Hundred Seventeen Dollars and Fifty Cents 
($1,149,417.50) in accordance with the provisions set forth in Addendum IV (Compensation) 
attached hereto and made a part of this contract. 
4. TRAVEL EXPENSES
Inclusive of the compensation for services as specified in Paragraph 3 (Compensation) above, the 
Government agrees to pay documented transportation, subsistence, lodging and other travel 
expenses, while in travel status, for trips which have been authorized in writing, in advance, by the 
Government. These costs shall be advanced or reimbursed on the same basis as is applicable to non-
contract employees of the Government, or as agreed to by an addendum to this Contract, however, 
said costs and expenses shall not exceed  
N/A 
 ($ N/A). 
5. LIQUIDATED DAMAGES
It is hereby 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 of this Contract, Two Hundred Fifty Dollars and 
Zero Cents ($250.00) for each calendar day or portion thereof shall be due to the Government. The 
Liquidated damages shall first be deducted from any Contract monies due, but not yet paid to the 
extent available.  
6. RECORDS
The Contractor when applicable, will present documented precise records of time and/or money 
expended under this Contract. 
7. PROFESSIONAL STANDARDS
The Contractor agrees to maintain the professional standards applicable to its profession and to 
consultants doing business in the United States Virgin Islands. 
8. DOCUMENTS, PRINTOUTS, ETC.
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. The above 
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RFP No. BD-24-400-4001-368 
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described materials shall not be used by Contractor or by any other person or entity except upon 
the written permission of the Government. 
9. LIABILITY OF OTHERS
Nothing in this Contract shall be construed to impose any liability upon the Government to persons, 
firms, associations, or corporations engaged by Contractor as servants, agents, or independent 
contractors, or in any other capacity whatsoever, or make Government liable to any such persons, 
firms, associations, or corporations for the acts, omissions, liabilities, 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. 
10. ASSIGNMENT
The Contractor shall not subcontract or assign any part of the services under this Contract without 
the prior written consent of the Government. The Government acknowledges that the Contractor 
shall subcontract the design work to Patrick A. Williams. 
11. INDEMNIFICATION
Contractor agrees to indemnify, defend and hold harmless Government from and against any and 
all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including 
attorney’s fees) and causes of action of whatsoever character which 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. 
12. 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. 
13. GOVERNING LAW
This Contract shall be governed by the laws of the United States Virgin Islands and jurisdiction 
shall remain in the United States Virgin Islands. 
14. 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 instance or 
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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. 
15. 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. 
16. 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 Government may 
deem ample to protect it against loss or to assure payment of claims arising therefrom, and, at its 
option, Government may apply such sums in such manner as Government may deem proper to 
secure itself or to satisfy such claims. Government will immediately notify the Contractor in writing 
in the event that it elects to exercise its right to withhold. 
No such withholding or application shall be made by Government if and while Contractor gives 
satisfactory assurance to Government that such claims will be paid by Contractor or its insurance 
carrier, if applicable in the event that such contest is not successful. 
17. CONDITION PRECEDENT
This Contract shall be subject to the availability and appropriation of funds and to the approval of 
the Governor. 
18. TERMINATION
Either party will have the right to terminate this Contract with or without cause on thirty (30) days 
written notice to the other party specifying the date of termination.  
19. 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 thirty (30) 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 and/or duties 
under this Contract are terminated and the date upon which such termination becomes effective. 
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The Contractor shall be entitled to receive payment for services provided to the date of termination, 
including payment for the period of the thirty (30) day notice. 
20. 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. 
21. 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 be performed under this Contract. 
(b) 
Contractor further covenants that it is: 
(1) 
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 of the Virgin 
Islands Code, pertaining to conflicts of interest, including the penalties 
provision 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 defined in section 
1101(1) of said Code chapter. 
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 
Lisa M. Alejandro 
Commissioner  
Department of Property and Procurement 
8201 Sub Base, Suite 4 
St. Thomas Virgin Islands 00802 
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Dionne Wells Hedrignton Ed.D. 
Commissioner 
Department of Education 
1834 Kongens Gade 
St. Thomas, VI 00802 
CONTRACTOR 
Franklyn Victor 
Sole Managing Member 
Rumina Construction, LLC 
P.O. Box 308034 
St. Thomas, U.S. Virgin Islands 00803 
23. LICENSURE
The Contractor covenants that it has: 
(a) 
obtained all of the applicable licenses or permits, permanent, 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. OTHER PROVISIONS
Addenda I, II, III, IV, V, and Attachment A (Site Map) attached hereto are a part of this Contract 
and are incorporated herein by reference.  
25. 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 Notice to Proceed or 
as extended in accordance with the General Provisions of the Contract. 
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26. WARRANTY OF NON-SOLICITATION
The Contractor expressly warrants that it nor any of 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 any of 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 any of 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.   
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. 
27. DAVIS BACON ACT
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program 
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities 
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards 
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In 
accordance with the statute, contractors must be required to pay wages to laborers and mechanics 
at a rate not less than the prevailing wages specified in a wage determination made by the Secretary 
of Labor. In addition, contractors must be required to pay wages not less than once a week. The 
non-Federal entity must place a copy of the current prevailing wage determination issued by the 
Department of Labor in each solicitation. The decision to award a contract or subcontract must be 
conditioned upon the acceptance of the wage determination. The non-Federal entity must report all 
suspected or reported violations to the Federal awarding agency. The contracts must also include a 
provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as 
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors 
on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United 
States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, 
by any means, any person employed in the construction, completion, or repair of public work, to 
give up any part of the compensation to which he or she is otherwise entitled. The non-Federal 
entity must report all suspected or reported violations to the Federal awarding agency 
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28. CERTIFICATION OF EMPLOYMENT
Contractor hereby 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.  
29. 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.  
30. 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 claims to be false, fictitious or fraudulent.  Contractor 
acknowledges that making such a false, fictitious or fraudulent claim is an offence under Virgin 
Islands law. 
31. 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 offence.  
32. CHANGES IN CONSTRUCTION SERVICES
Any changes in the Construction Services may be accomplished after execution of the Contract, 
and without invalidating the Contract, by Change Order subject to the limitations stated in 
Addendum II (General Provisions – Construction) and 31 V.I.  R.R. §§ 242-32 and 242-33. A 
Change Order is a written instrument signed by the Government and Contractor stating their 
agreement upon the change in the Services which are within the Scope of Work, and the amount of 
the adjustment, if any, in the Contract Sum and Contract Time.  Contractor shall have no obligation 
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to proceed with changed work without a Change Order executed in accordance with Virgin Islands 
law. 
33. INSURANCE
Contractor shall maintain the following insurance coverages during the term of this Contract 
(a) 
COMMERCIAL GENERAL LIABILITY: 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 million dollars ($1,000,000.00) for any one person per occurrence for 
death or personal injury and one million dollars ($1,000,000.00) 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) PROFESSIONAL LIABILITY: Contractor shall provide proof of professional liability 
for the design services in a form acceptable to the Government, which covers the services 
being performed under this Contract, with policy limits of not less than one million dollars 
($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. 
(c) 
WORKERS’ COMPENSATION: Contractor shall supply current coverage under the 
Government Insurance Fund or other form of coverage. 
34. FACSIMILE, ELECTRONIC & DIGITAL SIGNATURES
A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding 
upon the Parties hereto. 
35. PAYMENT AND PERFORMANCE BOND
Contractor shall maintain payment and performance bonds in a form acceptable to the Government 
at no less than one hundred percent (100%) of the Contract price. 
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