GOVERNMENT OF THE VIRGIN ISLANDS TASK ORDER CONTRACT Debris Monitors for Emergency/Disaster Related Debris Removal Projects on the island of St. Croix, U.S. Virgin Islands This Agreement made this [Mb day of J One , 20] , in the Territory of the United States Virgin Islands by and between the Government of the Virgin Islands Department of Property and Procurement, on behalf of Department of Public Works (hereinafter referred to as “Government”) and GEC, LLC, whose address is 13F Estate Bethlehem, Frederiksted, St. Croix, VI 00840 (hereinafter referred to as “Contractor”), WITNESSETH: WHEREAS, the Government needs a contractor to provide Debris Monitors for Emergency/Disaster Related Debris Removal Project on the island of St. Croix, USVI; and WHEREAS, the Contractor was selected in accordance with RFP-012-C-2019 (P); 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 Addendum I and II; 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 Debris Monitoring for Emergency/Disaster Related Debris Removal Projects on the island of St. Croix, U.S. Virgin Islands 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 II. 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 the Department of Public Works as set forth in Addendum II (Compensation) attached hereto and made a part of this Agreement. Section III. This Contract shall commence on June 1, 2019 and shall terminate on May 31, 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. Section IV. The Contractor agrees to provide the services outlined in Addendum I (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. S26CDPWC19(GEC) 1 Contractor’s ine 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 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. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first above written. This Contract is executed in an original, in the year and day mentioned in the first paragraph. WITNESSES: GOVERNMENT : THE VIRGIN ISLANDS Hace. OD. il b: Date: OL 4/4 Anthony D. Thomas (tex U. wo Commissioner Designee Department of Property and Procurement (or. x Date:? \>t (4 elson M. Pétty, Jr., P.E. C issioner Designee Department of Public Works sii Date: s Sf r 4 hn R. Wessel, President EC, LLC (Corporate seal, if Contractor is a corporation) S26CDPWC19(GEC) 2 Contractor’s a Wl ADDENDUM I SCOPE OF WORK The purpose of this contract is to provide monitoring services of debris removal projects. in the territory of the United States Virgin Islands which have been declared a disaster area. by the Governor of the United States Virgin Islands. The Monitoring company shall provide all equipment and tools:necessary to monitor progress on debris removal projects. The quantity of Debris Monitors shall be determined by DPW. Work shall provide all equipment and tools necessary to monitor progress-on debris removal projects.. Work shall commence within twelve (12) hours of receipt of a job-order: Work shall be performed in the United States Virgin Islands. Work shall be performed according to schedule established by DPW until all job orders. are satisfactorily done. . . The Contractor shall monitor work environments and procedures to ensure the safety of the. public. and government personnel and property exposed to debris removal operations and activities. 2. EXECUTION . . The Monitoring company ‘shall coordinate all work through the Department of Public Works. Debris removal activities shall consist of cleaning and removing any.and all “eligible” debris from the public grounds and public right-of-way (ROW) of streets and roads, as directed by the Contracting Officer’s. Representative (COR). The public right of way is defined for the purposes of this contract as the area within fifteen feet from the edge of pavement or the area up to a permanent barrier such as retaining a-wall. Debris removal work will include I) examining debris to determine whether or not debris is eligible; 2) mulching biodegradable woody debris located on the federal-aid-highways and public grounds;.4) hauling all non-hazardous debris to an approved dumpsite; and 5) dumping the debris.at the dumpsite. Ineligible debris will not be loaded, hauled or dumped under this contract. Debris removal shall include all eligible debris found on the ROW within the area designated by the COR. The COR may specify any eligible debris within the ROW which should not be removed, or which should be removed at a later time. The Contractor shall make as many passes through the designated work area to another designated work.area without prior approval from the COR. Any eligible debris, such as-fallen trees, which extends onto the ROW from the private property shall be cut at the point where it enters the ROW, and that part of the debris which. lies within the ROW ‘shall be removed. The Contractor shall not-enter onto. private property during performance of this contract. The Contractor shall conduct the work'so as not to interfere with the disaster response and recovery activities of federal and local governments or agencies, or of any public entities. All work shall be accomplished.in a safe manner. S26CDPWC19(GEC) 3 Contractor’s Initials: Za 3. LOAD TICKETS , , “Load tickets” will be used for recording volumes of debris removal. Each ticket will contain the following information: - Ficket Number Contractor Name Contract Number Date Site Departure Time Site Monitor Name Dump Arrival Time. Dump Arrival Name Debris Classification Debris Quantity in cubic yards Vehicle Tag Number AScmtaAmmMyawp It is the responsibility of the Debris Monitor to issue “load tickets” at the debris removal site prior to departure from the loading site. The Debris. Monitor will keep one copy of the ticket and give two copies to the vehicle operator. Upon arrival at the dumpsite, the vehicle operator will give the two copies to another Debris Monitor at the dumpsite. The Debris Monitor will validate the ticket, retain one.copy-and give one. copy to-driver for the Contractor’s records. The Debris Monitor must ensure that dump trucks depart from the debris site with a full load of separated debris covered in a manner to prevent dumping debris on the roadway. 4. DEBRIS CLASSIFICATION Eligible Debris. Debris that. is within the scope of this contract falls under three possible classifications Biodegradable, Non-Biodegradable and Metal. Debris that is.classified Hazardous or Toxic is not to be transported by this contract. Biodegradable Debris. Biodegradable debris includes all biodegradable matter except that included in the following definitions of other categories of debris. It includes, but is not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken and severed tree limbs: untreated structural timber; untreated wood products; and brush. Non-Biodegiadable Debris. Non-Biodegradable debris includes, but is not limited to, treated timber; plastic; glass; rubber products; sheet rock; cloth items; non-wood building materials; uncontaminated soil carpeting. Metal Debris. Metal debris includes, but is not limited to, metal products (i.e. Mobile Trailer parts, Household appliances (White. Metal), and similar items); and roofing materials. Hazardous Toxic Waste (ATW). Hazardous. or toxic materials or waste. such as petroleum products, paint. products, asbestos, electrical transformers, and known or: suspected hazardous materials shall be removed by others. Coordination for hazardous debris removal is the responsibility of the Government. S26CDPWC19(GEC) 4 Contractor's Initiate Other. Eligible debris that may be un-sorted or need to be handled differently. 5. REPORTING The Monitoring Company shall submit a report to the COR at the end of each day. Each report shall contain, at a minimum, the following information: Contractor’s Name Contract Number Location of work assignment area Date and time dump trucks (identified by vehicle tag number) departed assignment area for the debris dumpsite Daily and cumulative loads of debris by category (biodegradable, non-biodegradable, or hazardous debris) GOW > 7 In addition, monitoring company should attach weekly or bi-weekly reports to the invoices summarizing their activities and documenting any challenges or concerns arising in the period covered by the invoice. 6. PAYMENT Payment for monitoring projects will be based on hourly rate. Contractor is instructed to submit bi-weekly detailed invoices that must include, but is not limited to, the contract number; the contract amount; the amount to be paid to the Contractor; the amount previously paid to the Contractor (if applicable); the balance due to the Contractor; the period for which services were rendered; days worked; number of units serviced; and number and title of personnel. 7. OTHER CONTRACTS The Government reserves the right to issue other contracts or direct other Debris Monitors to work within the area included in this contract. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. 826CDPWC19(GEC) 5 Contractor’s Initials: ADDENDUM II (GENERAL PROVISIONS) * Federally Funded/Declared Disaster 1. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that during employment, employees are treated without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the. following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay. or other forms of compensation; and selection for training, including apprenticeship. The. contractor agrees to post in conspicuous places, available to-employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive: considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided. advising the said labor union or workers’ representatives of the contractor's commitments under this section, and shall post. copies. of the. notice in conspicuous places available to employees and applicants.for employmetit.. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24,, 1965, and of the rules, regulations, and relevant orders.of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246. of September'24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. $26CDPWC19(GEC) 7 Contractor’s Initials: y- (7) The Contractor will include the portion of the seritence immediately preceding paragraph (1) and ‘the provisions of paragraphs (1) through (7)-in every subcontract. or purchase order unless exempted by rules, regulations, _ or orders of the.Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so.that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering: agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2, COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1). Overtime requirements. No. contractor 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 or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be.liable tothe United States (in ‘the case.of work done under contract for ‘the District of Cohimbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to: each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the 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 Department of Labor shall upon its Own action or upon written request of an authorized representative of the Department of Labor withhold or causé to be withheld, from. any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any. other Federal contract with the same prime contractor, or any other federally-assisted contract subject‘to the Contract: Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided i in the clause set forth in paragraph (2) of this section. (4) Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiting the. subcontractors to include these clauses in any lower tier subcontracts. The. prime contractor S26CDPWC19%(GEC) 8 Contractor’s Initials: by- shall be responsible for compliance by .any subcontractor or lower tier subcontractor. with the clauses set forth in paragraphs (1) through (4) of this section. 3. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT Clean Air Act. . (1) The contractor agrees:to comply with all applicable standards, orders ot regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Department ‘of Planning and Natural Resources (DPNR) understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. Q) The contractor agrees. to include these requirements in each subcontract exceeding $150,000. financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act. . . (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The. contractor agrees to report each violation to the DPNR and understands and agrees that the DPNR will, in turn, report each violation as required to assure notification to the Government, Federal Emergency’ Management Agency, and. the appropriate Environmental Protection Agency Regional Office. . . . (3) The. contractor agrees. to include. these réquirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the Federal Emergency Management Agency. 4. SUSPENSION AND DEBARMENT (1) This Contract is-a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C-F.R. pt. 3000. As such the Contractor is required to verify that noné of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C-F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The. Contractor must comply with 2.C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations: in any lower tier covered transaction it enters. into. G) This certification is a material representation of fact relied upon by the Government. If it is later determined that the contractor-did not’ comply with 2 C.F.R. pt. 180, subpart C and 2 C.F-R. pt. 3000, subpart C, in addition to remedies available to. the Government, the Federal Government may pursue available remedies, including but.not limited to suspension -and/or debarment. S26CDPWC1 9(GEC) 9 Contractor’s inital Gf (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 5. BYRD ANTI-LOBBYING Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Government. 6. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 7. 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, 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 all local and federal taxes of Contractor, including but not limited to unemployment insurance, income taxes, gross receipt taxes and social security taxes for Contractor, its servants, agents or independent contractors. S26CDPWC19(GEC) 10 Contractor’s _ - 8. ACCESS TO RECORDS The following access to records requirements applies to this contract: (1) The Contractor agrees to provide the Government, the Federal Emergency Management Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce. by any means whatsoever-or to copy excerpts and transcriptions:as reasonably needed. (3) The contractor agrees. to provide the Federal Emergency Management Agency Administrator ot his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract 9. DEPARTMENT OF HOMELAND SECURITY TERMS & CONDITIONS The Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproductions of flags or likenesses of Department of Homeland Security agency officials without specific Federal Emergency Management pre- approval. Federal Emergency Management Agency financial assistance will be used to fund the contract. only. The. Contractor will comply will all applicable federal law, regulations, executive orders, Federal Emergency Management Agency policies, procedures, and directives. The. Federal Government is not a’ party to this contract.and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies tothe contractor’s actions pertaining to this contract. 10. ASSIGNMENT AND SUBCONTRACTING The Contractor shall not subcontract or assign any part ‘of the services under this Agreement without the prior written approval of the Government. The Conttactor shall not subcontract any portion of this Contract unless said subcontracting was included in Contractor’s proposal and accepted by the Government. Contractor shall execute written contracts with its subcontractors and incorporate: all terms and conditions hereunder in said: subcontracts. The Contractor shall be solely responsible for paying each Subcontractor for services, equipment, material or. supplies i in said subcontracts.. 11. 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 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 S26CDPWC19(GEC) 11 Contractor’s Initials: G ° be performed by Contractor under this Contract and arising from any cause, except the sole negligence of Government. 12. TERMINATION The Government’ shall have the right to terminate this Contract for cause or for convenience on ten (10) days written notice.to the other party specifying the date of 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) day notice. 13. NOTICE Any notice required 10 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 Designee Department of Property and Procurement 3274 Estate Richmond St. Croix, Virgin Islands 00820 Nelson M. Petty Commissioner Designee Department of Public Works. No. 8 Sub Base St. Thomas, Virgin Islands 00802 CONTRACTOR John R. Wessel President GEC, LLC 13F Estate Bethlehem Frederiksted, St. Croix, VI 00840 14. REMEDIES If- work under this. Contract is not performed i in accordance with the terms hereof, and in any and all other instances. where Contractor violates or breaches a term or provision of this Contract, the Government shall possess the remedy 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 S26CDPWC19(GEC) 12 Contractor’s Initials: b assure payment of claims arising there from, and, at its option, the Government may apply such sums in. such maiiner as the Government may deem j proper to secure itself or to. satisfy such claims. The Government will immédiately notify the Contractor i in writing in the event that it elects to exercise its right to withhold. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. S26CDPWC19GEC) 13 Contractor’s Initials: \Z Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned GEC, LLC, certifies, to the best of his or her knowledge, that: I. 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 influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 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. 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 employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection 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. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered. Submission of this certification is a prerequisite for making or entering this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, GEC, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the WY. § 3801 et seq., apply to this certification and disclosure, if any. ighatuye of ai actor’s Authorized Official i ll MPa PML ly fe, ame and Title of Contractor’s Authorized Official LAY Date t S26CDPWC19(GEC) 14 Contractor’s Initials: fe