EXERCISE OF RENEWAL OPTION

GOVERNMENT OF

THE UNITED STATES VIRGIN ISLANDS

DEPARTMENT OF PROPERTY & PROCUREMENT



CONTRACT NO. P039DPWC19

DATED: September 18, 2019

EXERCISE OF RENEWAL OPTION



Contractor Description of Scope of Work/Services



Construction Program Manager



The incumbent for this position will serve as a Construction Program Manager for



John Paul David P.E the District of St. Croix and is responsible for accomplishing the work with the

| 77 Queens Quarter assistance of one or more engineers, or technicians on complex highways or other

, P.O. Box 26902 transportation-related design projects (s). Considerable judgment must be exercised |

, Gallows Bay St. Croix in administering the contract to meet design criteria established to include but are |



| VE 00824 not limited to various types of grading, drainage, pavement rehabilitation, and

| structures where conventional designs are used. Utilizes professional knowledge in

the application of DPW and FHWA highway engineering principles, practices,

policies, and standards along with design contract administration, surveillance and

inspection procedures, practices, precedents, and policies in accomplishing the

work, with all personnel connected with The Department of Public Works Office of

| Highway Engineering.



Pursuant to the renewal option provision of Contract No.PO39DPWC19, and subject to the appropriation

and allotment of necessary funds, notice is hereby given that the Government of the U.S. Virgin Islands,

Department of Public Works exercises its option to renew and does hereby renew the aforementioned

contract for the period September |, 2022, to August 31, 2023, at the stipulated cost “for Year 3 therein”(See

enclosed)



All the terms, covenants, and conditions of the contract affected shall continue in full force and effect. A

facsimile, electronic or digital signature on this Contract shall be deemed an original and binding

upon the Parties hereto.



Please acknowledge receipt and acceptance hereby signing and returning to:

The Department of Property and Procurement

Bldg.#1, Subbase, Third 3 Floor.

Thomas US Virgin Islands 00802



a a ae & ACCEPTANCE: GOVERNMENT OF THE VIRGIN ISLANDS

John Paul David, P.E. Derek Gabrie!, Commissioner

DATE +2 Department of Public Works DATE § wi

P 4 4

Ten dD. Cpbavar— DATE: 9/6/2022 _



mnapanthony 17 By. Thomas, Commissioner

Department of Property & Procurement

CONTRACT FOR PROFESSIONAL SERVICES



THIS AGREEMENT is made this_\ = day of Sephemdyel, 20 (9). 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 Public Works (hereinafter referred to as

"Government" and John Paul David, P.E. (hereinafter referred to as "Contractar"),



WITNESSETH:



WHEREAS, the Government is in need of the services of a Contractor to provide Program

Management Assistance in the administration of The Federal-aid Highway Program which duties

and responsibilities are more particularly described in Addendum I (Scope of Services) attached

hereto: and



WHEREAS, the Contractor was selected in accordance with 31 V.LC. § 239(a) (4)

contractual services may be procured without observing the provisions of 31 §V.LC. 236 provided

that the contract is for professional services and the services are procured by competitive

negotiation, wherever practicable; 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 ! (Scope of Services) attached

hereto and made a part of this contract.



2. TERM



Upon execution of this Contract by the Commissioner of the Department of Propérty and

Procurement tne Contract shall be effective for a Term beginning from September 1, 2019 to

August 3], 2022. The Government in its sole discretion, shall have the option to renew this

Contract-for a period of one additional year subject to the same terms noted herein, by providing

the Contractor with sixty (60) days written notice of the Government's election to renew.



3. COMPENSATION



The Government, in consideration of the satisfactory performance of the services described in

Addendum | (Scope of Services), agrees to pay Contractor the sum of Four Hundred Twenty-

Three Thousand Six Hundred Eight Dollars and No Cents ($423,608.00) in accordance with

the provisions set forth in Addendum [| (Compensation) attached hereto and made a part of this

contract.



P 0 3 9 D P W C 1 9 Contractor's Initials: Pr?



Contract No.

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 Ten Thousand Dollars and No Cents



($10,000.00).

5. RECORDS



The Contractor when applicable, 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

consultants doing business in the United States Virgin Islands.



7. 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

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 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,



9. ASSIGNMENT



The Contractor shall not subcontract or assign any part of the services under this Contract without

the prior written consent of the Government.



10. INDEMNIFICATION



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Contract No.

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.



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

shall remain in the United States Virgin Islands.



13. 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

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.



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 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.



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Contract No.

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

cartier, if applicable in the event that such contest is not successful.



16. CONDITION PRECEDENT



This Contract shall be subject to the ayailability.arid 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 or without cause on Thirty Days

(30) days written notice to the other party specifying the date of termination.



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 Thirty Days (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.

The Contractor shall be entitled to receive payiment for services provided to the date of termination,

including paymeri for tlie period of the Thirty Days (30) day 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 of this 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 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 ar employce and. as such, has:



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Contract NO

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(it)

(iii)



21. EFFECTIVE DATE



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;



not made, negotiated or influenced this Contract, in its official capacity;



no financial interest in the Contract as that term is defined in section

1101(1) of said Code chapter.



The effective date of this Contract shall be the day of execution of the Contract 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:



23, LICENSURE



The Contractor covenants that it has:



GOVERNMENT



Anthony D. Thomas



Commissioner



Department of Property and Procurement

8201 Subbase. Suite 4



St. Thomas Virgin Islands 00802



Nelson M. Petty Jr.

Commissioner



Department of Public Works

8244 Subbase



St. Thomas Virgin Islands 00802



CONTRACTOR



John Paul David



77 Queens.Quarter



P.Q. Box 26902, Gallows Bay

St. Craix, USVI 00824



(a) obtained all of the applicable licenses or permits, permanent, temporary or otherwise

as requited by Title 27 ofthe Virgin Islands Code: and



(b) familiarized itself with the applicable provisions of Title 27 of the Virgin Islands Code

pertaining to professions and occupations.



Contract No. PO 3 9 D P W C, 1 9



Contractor’s Initials: Y*

24. OTHER PROVISIONS



Addenda I and I attached hereto are a part of this Contract and are incorporated herein by

reference,



25. 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.



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 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.



27, 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.



Contractor’s Initials:



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Contract No.

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PO 3 9 D P W ¢ 1 9 Contractor's Initials: PY



Contract No.

IN WITNESS WHEREOPF, the parties have hereunto set their hands on the day and year

first above written.



eESSES GOVERNMENT OF THE VIRGIN ISLANDS



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Anthon D. Thomas, Commissioner

Department of Property and Procurement



wn CONTRACTOR

SL FRM John Paul David, P.E. Date

(Corporate seal, if Contractor is a corporation)

APPROMEDX



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APPROVED AS TO LEGAL SUFFICIENCY.

DEPARTMENT OF JUSTICE BY“ 7 <¢/_ Mpullpelt, Ly Date Ibshs ETA Lelie



PURCHASE ORDER NO.



CERTIFICATE OF APPROVAL

I hereby certify that this is a true and exact copy of Contract No. entered into

between the Department of Property and Procurement and _John Paul David, P.E.



Anthony D. Thomas, Commissioner

Department of Property and Procurement



Contractor’s [nitials:



Contract No PO3Z0DP WC 9